Health Practitioner Regulation National Law (South Australia) (Amendment of Act) Regulations 2010 (SA)
South Australia
Health Practitioner Regulation National Law (South Australia) (Amendment of Act) Regulations 2010
under the Health Practitioner Regulation National Law (South Australia) Act 2010
Contents
1 Short title
2 Commencement
3 Insertion of Schedule in Act
Schedule 2—Health Practitioner Regulation National Law
Part 1—Preliminary
1 Short title
2 Commencement
3 Objectives and guiding principles
4 How functions to be exercised
5 Definitions
6 Interpretation generally
7 Single national entity
8 Extraterritorial operation of Law
9 Trans-Tasman mutual recognition principle
10 Law binds the State
Part 2—Ministerial Council
11 Policy directions
12 Approval of registration standards
13 Approvals in relation to specialist registration
14 Approval of endorsement in relation to scheduled medicines
15 Approval of areas of practice for purposes of endorsement
16 How Ministerial Council exercises functions
17 Notification and publication of directions and approvals
Part 3—Australian Health Workforce Advisory Council
18 Establishment of Advisory Council
19 Function of Advisory Council
20 Publication of advice
21 Powers of Advisory Council
22 Membership of Advisory Council
Part 4—Australian Health Practitioner Regulation Agency
Division 1—National Agency
23 National Agency
24 General powers of National Agency
25 Functions of National Agency
26 Health profession agreements
27 Co-operation with participating jurisdictions and Commonwealth
28 Office of National Agency
Division 2—Agency Management Committee
29 Agency Management Committee
30 Functions of Agency Management Committee
Part 5—National Boards
Division 1—National Boards
31 Establishment of National Boards
32 Powers of National Board
33 Membership of National Boards
34 Eligibility for appointment
Division 2—Functions of National Boards
35 Functions of National Boards
36 State and Territory Boards
37 Delegation of functions
Division 3—Registration standards and codes and guidelines
38 National Board must develop registration standards
39 Codes and guidelines
40 Consultation about registration standards, codes and guidelines
41 Use of registration standards, codes or guidelines in disciplinary proceedings
Part 6—Accreditation
Division 1—Preliminary
42 Definition
Division 2—Accreditation authorities
43 Accreditation authority to be decided
44 National Agency may enter into contracts with external accreditation entities
45 Accreditation processes to be published
Division 3—Accreditation functions
46 Development of accreditation standards
47 Approval of accreditation standards
48 Accreditation of programs of study
49 Approval of accredited programs of study
50 Accreditation authority to monitor approved programs of study
51 Changes to approval of program of study
Part 7—Registration of health practitioners
Division 1—General registration
52 Eligibility for general registration
53 Qualifications for general registration
54 Examination or assessment for general registration
55 Unsuitability to hold general registration
56 Period of general registration
Division 2—Specialist registration
57 Eligibility for specialist registration
58 Qualifications for specialist registration
59 Examination or assessment for specialist registration
60 Unsuitability to hold specialist registration
61 Period of specialist registration
Division 3—Provisional registration
62 Eligibility for provisional registration
63 Unsuitability to hold provisional registration
64 Period of provisional registration
Division 4—Limited registration
65 Eligibility for limited registration
66 Limited registration for postgraduate training or supervised practice
67 Limited registration for area of need
68 Limited registration in public interest
69 Limited registration for teaching or research
70 Unsuitability to hold limited registration
71 Limited registration not to be held for more than one purpose
72 Period of limited registration
Division 5—Non-practising registration
73 Eligibility for non-practising registration
74 Unsuitability to hold non-practising registration
75 Registered health practitioner who holds non‑practising registration must not practise the profession
76 Period of non‑practising registration
Division 6—Application for registration
77 Application for registration
78 Power to check applicant’s proof of identity
79 Power to check applicant’s criminal history
80 Boards’ other powers before deciding application for registration
81 Applicant may make submissions about proposed refusal of application or imposition of condition
82 Decision about application
83 Conditions of registration
84 Notice to be given to applicant
85 Failure to decide application
Division 7—Student registration
Subdivision 1—Persons undertaking approved programs of study
86 Definitions
87 National Board must register persons undertaking approved program of study
88 National Board may ask education provider for list of persons undertaking approved program of study
89 Registration of students
90 Period of student registration
Subdivision 2—Other persons to be registered as students
91 Education provider to provide lists of persons
Subdivision 3—General provisions applicable to students
92 Notice to be given if student registration suspended or condition imposed
93 Report to National Board of cessation of status as student
Division 8—Endorsement of registration
Subdivision 1—Endorsement in relation to scheduled medicines
94 Endorsement for scheduled medicines
Subdivision 2—Endorsement in relation to nurse practitioners
95 Endorsement as nurse practitioner
Subdivision 3—Endorsement in relation to midwife practitioners
96 Endorsement as midwife practitioner
Subdivision 4—Endorsement in relation to acupuncture
97 Endorsement for acupuncture
Subdivision 5—Endorsements in relation to approved areas of practice
98 Endorsement for approved area of practice
Subdivision 6—Application for endorsement
99 Application for endorsement
100 Boards’ other powers before deciding application for endorsement
101 Applicant may make submissions about proposed refusal of application or imposition of condition
102 Decision about application
103 Conditions of endorsement
104 Notice of decision to be given to applicant
105 Period of endorsement
106 Failure to decide application for endorsement
Division 9—Renewal of registration
107 Application for renewal of registration or endorsement
108 Registration taken to continue in force
109 Annual statement
110 National Board’s powers before making decision
111 Applicant may make submissions about proposed refusal of application for renewal or imposition of condition
112 Decision about application for renewal
Division 10—Title and practice protections
Subdivision 1—Title protections
113 Restriction on use of protected titles
114 Use of title “acupuncturist”
115 Restriction on use of specialist titles
116 Claims by persons as to registration as health practitioner
117 Claims by persons as to registration in particular profession or division
118 Claims by persons as to specialist registration
119 Claims about type of registration or registration in recognised specialty
120 Registered health practitioner registered on conditions
Subdivision 2—Practice protections
121 Restricted dental acts
122 Restriction on prescription of optical appliances
123 Restriction on spinal manipulation
Division 11—Miscellaneous
Subdivision 1—Certificates of registration
124 Issue of certificate of registration
Subdivision 2—Review of conditions and undertakings
125 Changing or removing conditions or undertaking on application by registered health practitioner or student
126 Changing conditions on Board’s initiative
127 Removal of condition or revocation of undertaking
Subdivision 3—Obligations of registered health practitioners and students
128 Continuing professional development
129 Professional indemnity insurance arrangements
130 Registered health practitioner or student to give National Board notice of certain events
131 Change in principal place of practice, address or name
132 National Board may ask registered health practitioner for employer’s details
Subdivision 4—Advertising
133 Advertising
Subdivision 5—Board’s powers to check identity and criminal history
134 Evidence of identity
135 Criminal history check
Subdivision 6—General
136 Directing or inciting unprofessional conduct or professional misconduct
137 Surrender of registration
Part 8—Health, performance and conduct
Division 1—Preliminary
138 Part applicable to persons formerly registered under this Law
139 Part applicable to persons formerly registered under corresponding prior Act in certain circumstances
Division 2—Mandatory notifications
140 Definition of notifiable conduct
141 Mandatory notifications by health practitioners
142 Mandatory notifications by employers
143 Mandatory notifications by education providers
Division 3—Voluntary notifications
144 Grounds for voluntary notification
145 Who may make voluntary notification
Division 4—Making a notification
146 How notification is made
147 National Agency to provide reasonable assistance to notifier
Division 5—Preliminary assessment
148 Referral of notification to National Board or co‑regulatory authority
149 Preliminary assessment
150 Relationship with health complaints entity
151 When National Board may decide to take no further action
152 National Board to give notice of receipt of notification
Division 6—Other matters
153 National Board may deal with notifications about same person together
154 National Boards may deal with notifications collaboratively
Division 7—Immediate action
155 Definition
156 Power to take immediate action
157 Show cause process
158 Notice to be given to registered health practitioner or student about immediate action
159 Period of immediate action
Division 8—Investigations
Subdivision 1—Preliminary
160 When investigation may be conducted
161 Registered health practitioner or student to be given notice of investigation
162 Investigation to be conducted in timely way
Subdivision 2—Investigators
163 Appointment of investigators
164 Identity card
165 Display of identity card
Subdivision 3—Procedure after investigation
166 Investigator’s report about investigation
167 Decision by National Board
Division 9—Health and performance assessments
168 Definition
169 Requirement for health assessment
170 Requirement for performance assessment
171 Appointment of assessor to carry out assessment
172 Notice to be given to registered health practitioner or student about assessment
173 Assessor may require information or attendance
174 Inspection of documents
175 Report from assessor
176 Copy of report to be given to health practitioner or student
177 Decision by National Board
Division 10—Action by National Board
178 National Board may take action
179 Show cause process
180 Notice to be given to health practitioner or student and notifier
Division 11—Panels
181 Establishment of health panel
182 Establishment of performance and professional standards panel
183 List of approved persons for appointment to panels
184 Notice to be given to registered health practitioner or student
185 Procedure of panel
186 Legal representation
187 Submission by notifier
188 Panel may proceed in absence of registered health practitioner or student
189 Hearing not open to the public
190 Referral to responsible tribunal
191 Decision of panel
192 Notice to be given about panel’s decision
Division 12—Referring matter to responsible tribunals
193 Matters to be referred to responsible tribunal
194 Parties to the proceedings
195 Costs
196 Decision by responsible tribunal about registered health practitioner
197 Decision by responsible tribunal about student
198 Relationship with Act establishing responsible tribunal
Division 13—Appeals
199 Appellable decisions
200 Parties to the proceedings
201 Costs
202 Decision
203 Relationship with Act establishing responsible tribunal
Division 14—Miscellaneous
204 Notice from adjudication body
205 Implementation of decisions
206 National Board to give notice to registered health practitioner’s employer
207 Effect of suspension
Part 9—Finance
208 Australian Health Practitioner Regulation Agency Fund
209 Payments into Agency Fund
210 Payments out of Agency Fund
211 Investment of money in Agency Fund
212 Financial management duties of National Agency and National Boards
Part 10—Information and privacy
Division 1—Privacy
213Application of Commonwealth Privacy Act
Division 2—Disclosure of information and confidentiality
214 Definition
215 Application of Commonwealth FOI Act
216 Duty of confidentiality
217 Disclosure of information for workforce planning
218 Disclosure of information for information management and communication purposes
219 Disclosure of information to other Commonwealth, State and Territory entities
220 Disclosure to protect health or safety of patients or other persons
221 Disclosure to registration authorities
Division 3—Registers in relation to registered health practitioner
222 National Registers
223 Specialists Registers
224 Way registers are to be kept
225 Information to be recorded in National Register
226 National Board may decide not to include or to remove certain information in register
227 Register about former registered health practitioners
228 Inspection of registers
Division 4—Student registers
229 Student registers
230 Information to be recorded in student register
Division 5—Other records
231 Other records to be kept by National Boards
232 Record of adjudication decisions to be kept and made publicly available
Division 6—Unique identifier
233 Unique identifier to be given to each registered health practitioner
Part 11—Miscellaneous
Division 1—Provisions relating to persons exercising functions under Law
234 General duties of persons exercising functions under this Law
235Application of Commonwealth Ombudsman Act
236 Protection from personal liability for persons exercising functions
237 Protection from liability for persons making notification or otherwise providing information
Division 2—Inspectors
238 Functions and powers of inspectors
239 Appointment of inspectors
240 Identity card
241 Display of identity card
Division 3—Legal proceedings
242 Proceedings for offences
243 Conduct may constitute offence and be subject of disciplinary proceedings
244 Evidentiary certificates
Division 4—Regulations
245 National regulations
246 Parliamentary scrutiny of national regulations
247 Effect of disallowance of national regulation
Division 5—Miscellaneous
248 Combined notice may be given
249 Fees
Part 12—Transitional provisions
Division 1—Preliminary
250 Definitions
251 References to registered health practitioners
Division 2—Ministerial Council
252 Directions given by Ministerial council
253 Accreditation functions exercised by existing accreditation entities
254 Health profession standards approved by Ministerial Council
255 Accreditation standards approved by National Board
Division 3—Advisory Council
256 Members of Advisory Council
Division 4—National Agency
257 Health profession agreements
258 Service agreement
Division 5—Agency Management Committee
259 Members of Agency Management Committee
Division 6—Staff, consultants and contractors of National Agency
260 Chief executive officer
261 Staff
262 Consultants and contractors
Division 7—Reports
263 Annual report
Division 8—National Boards
264 Members of National Boards
265 Committees
266 Delegation
Division 9—Agency Fund
267 Agency Fund
Division 10—Offences
268 Offences
Division 11—Registration
269 General registration
270 Specialist registration
271 Provisional registration
272 Limited registration
273 Limited registration (public interest-occasional practice)
274 Non-practising registration
275 Registration for existing registered students
276 Registration for new students
277 Other registrations
278 Endorsements
279 Conditions imposed on registration or endorsement
280 Expiry of registration and endorsement
281 Protected titles for certain specialist health practitioners
282 First renewal of registration or endorsement
283 Programs of study
284 Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery
Division 12—Applications for registration and endorsement
285 Applications for registration
286 Applications for endorsement
287 Disqualifications and conditions relevant to applications for registration
Division 13—Complaints, notifications and disciplinary proceedings
288 Complaints and notifications made but not being dealt with on participation day
289 Complaints and notifications being dealt with on participation day
290 Effect of suspension
291 Undertakings and other agreements
292 Orders
293 List of approved persons
Division 14—Local registration authority
294 Definition
295 Assets and liabilities
296 Records relating to registration and accreditation
297 Financial and administrative records
298 Pharmacy businesses and premises
299 Members of local registration authority
Division 15—Staged commencement for certain health professions
300 Application of Law to relevant health profession between commencement and 1 July 2012
301 Ministerial Council may appoint external accreditation entity
302 Application of Law to appointment of first National Board for relevant professions
303 Qualifications for general registration in relevant profession
304 Relationship with other provisions of Law
Division 16—Savings and transitional regulations
305 Savings and transitional regulations
Schedule 1—Constitution and procedure of Advisory Council
Part 1—General
1 Definitions
Part 2—Constitution
2 Terms of office of members
3 Remuneration
4 Vacancy in office of member
5 Extension of term of office during vacancy in membership
6 Disclosure of conflict of interest
Part 3—Procedure
7 General procedure
8 Quorum
9 Presiding member
10 Transaction of business outside meetings or by telecommunication
11 First meeting
Schedule 2—Agency Management Committee
Part 1—General
1 Definitions
Part 2—Constitution
2 Terms of office of members
3 Remuneration
4 Vacancy in office of member
5 Vacancies to be advertised
6 Extension of term of office during vacancy in membership
7 Members to act in public interest
8 Disclosure of conflict of interest
Part 3—Procedure
9 General procedure
10 Quorum
11 Chief executive officer may attend meetings
12 Presiding member
13 Voting
14 Transaction of business outside meetings or by telecommunication
15 First meeting
16 Defects in appointment of members
Schedule 3—National Agency
Part 1—Chief executive officer
1 Chief executive officer
2 Functions of chief executive officer
3 Delegation and subdelegation by chief executive officer
4 Vacancy in office
Part 2—Staff, consultants and contractors
5 Staff of National Agency
6 Staff seconded to National Agency
7 Consultants and contractors
Part 3—Reporting obligations
8 Annual report
9 Reporting by National Boards
Schedule 4—National Boards
Part 1—General
1 Definitions
Part 2—Constitution
2 Terms of office of members
3 Remuneration
4 Vacancy in office of member
5 Vacancies to be advertised
6 Extension of term of office during vacancy in membership
7 Members to act in public interest
8 Disclosure of conflict of interest
Part 3—Functions and powers
9 Requirement to consult other National Boards
10 Boards may obtain assistance
11 Committees
Part 4—Procedure
12 General procedure
13 Quorum
14 Presiding member
15 Voting
16 Transaction of business outside meetings or by telecommunication
17 First meeting
18 Defects in appointment of members
Schedule 5—Investigators
Part 1—Power to obtain information
1 Powers of investigators
2 Offence for failing to produce information or attend before investigator
3 Inspection of documents
Part 2—Power to enter places
4 Entering places
5 Application for warrant
6 Issue of warrant
7 Application by electronic communication
8 Procedure before entry under warrant
9 Powers after entering places
10 Offences for failing to comply with requirement under clause 9
11 Seizure of evidence
12 Securing seized things
13 Receipt for seized things
14 Forfeiture of seized thing
15 Dealing with forfeited things
16 Return of seized things
17 Access to seized things
Part 3—General matters
18 Damage to property
19 Compensation
20 False or misleading information
21 False or misleading documents
22 Obstructing investigators
23 Impersonation of investigators
Schedule 6—Inspectors
Part 1—Power to obtain information
1 Powers of inspectors
2 Offence for failing to produce information or attend before inspector
3 Inspection of documents
Part 2—Power to enter places
4 Entering places
5 Application for warrant
6 Issue of warrant
7 Application by electronic communication
8 Procedure before entry under warrant
9 Powers after entering places
10 Offences for failing to comply with requirement under clause 9
11 Seizure of evidence
12 Securing seized things
13 Receipt for seized things
14 Forfeiture of seized thing
15 Dealing with forfeited things
16 Return of seized things
17 Access to seized things
Part 3—General matters
18 Damage to property
19 Compensation
20 False or misleading information
21 False or misleading documents
22 Obstructing inspectors
23 Impersonation of inspectors
Schedule 7—Miscellaneous provisions relating to interpretation
Part 1—Preliminary
1 Displacement of Schedule by contrary intention
Part 2—General
2 Law to be construed not to exceed legislative power of Legislature
3 Every section to be a substantive enactment
4 Material that is, and is not, part of this Law
5 References to particular Acts and to enactments
6 References taken to be included in Act or Law citation etc
7 Interpretation best achieving Law’s purpose
8 Use of extrinsic material in interpretation
9 Effect of change of drafting practice and use of examples
10 Use of examples
11 Compliance with forms
Part 3—Terms and references
12 Definitions
13 Provisions relating to defined terms and gender and number
14 Meaning of “may” and “must” etc
15 Words and expressions used in statutory instruments
16 Effect of express references to bodies corporate and individuals
17 Production of records kept in computers etc
18 References to this jurisdiction to be implied
19 References to officers and holders of offices
20 Reference to certain provisions of Law
21 Reference to provisions of this Law or an Act is inclusive
Part 4—Functions and powers
22 Performance of statutory functions
23 Power to make instrument or decision includes power to amend or repeal
24 Matters for which statutory instruments may make provision
25 Presumption of validity and power to make
26 Appointments may be made by name or office
27 Acting appointments
28 Powers of appointment imply certain incidental powers
29 Delegation of functions
30 Exercise of powers between enactment and commencement
Part 5—Distance, time and age
31 Matters relating to distance, time and age
Part 6—Effect of repeal, amendment or expiration
32 Time of Law ceasing to have effect
33 Repealed Law provisions not revived
34 Saving of operation of repealed Law provisions
35 Continuance of repealed provisions
36 Law and amending Acts to be read as one
Part 7—Instruments under Law
37 Schedule applies to statutory instruments
Part 8—Application to coastal sea
38 Application
1—Short title
These regulations may be cited as the Health Practitioner Regulation National Law (South Australia) (Amendment of Act) Regulations 2010.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Insertion of Schedule in Act
Pursuant to section 4(3) of the Health Practitioner Regulation National Law (South Australia) Act 2010 the following Schedule is inserted into that Act after Schedule 1.
Schedule 2—Health Practitioner Regulation National Law
Part 1—Preliminary
1—Short title
This Law may be cited as the Health Practitioner Regulation National Law.
2—Commencement
This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.
3—Objectives and guiding principles
The object of this Law is to establish a national registration and accreditation scheme for—
(a)the regulation of health practitioners; and
(b)the registration of students undertaking—
(i)programs of study that provide a qualification for registration in a health profession; or
(ii)clinical training in a health profession.
The objectives of the national registration and accreditation scheme are—
(a)to provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and
(b)to facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and
(c)to facilitate the provision of high quality education and training of health practitioners; and
(d)to facilitate the rigorous and responsive assessment of overseas‑trained health practitioners; and
(e)to facilitate access to services provided by health practitioners in accordance with the public interest; and
(f)to enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners.
The guiding principles of the national registration and accreditation scheme are as follows—
(a)the scheme is to operate in a transparent, accountable, efficient, effective and fair way;
(b)fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;
(c)restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.
4—How functions to be exercised
An entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national registration and accreditation scheme set out in section 3.
5—Definitions
In this Law—
accreditation authority means—
(a)an external accreditation entity; or
(b)an accreditation committee.
accreditation committee means a committee established by a National Board to exercise an accreditation function for the health profession for which the Board is established.
accreditation standard, for a health profession, means a standard used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes necessary to practise the profession in Australia.
accredited program of study means a program of study accredited under section 48 by an accreditation authority.
adjudication body means—
(a)a panel; or
(b)a responsible tribunal; or
(c)a Court; or
(d)an entity of a co‑regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the purposes of this Law.
Advisory Council means the Australian Health Workforce Advisory Council established by section 18.
Agency Fund means the Australian Health Practitioner Regulation Agency Fund established by section 208.
Agency Management Committee means the Australian Health Practitioner Regulation Agency Management Committee established by section 29.
appropriate professional indemnity insurance arrangements, in relation to a registered health practitioner, means professional indemnity insurance arrangements that comply with an approved registration standard for the health profession in which the practitioner is registered.
approved accreditation standard means an accreditation standard—
(a)approved by a National Board under section 47(3); and
(b)published on the Board’s website under section 47(6).
approved area of practice, for a health profession, means an area of practice approved under section 15 for the profession.
approved program of study, for a health profession or for endorsement of registration in a health profession, means an accredited program of study—
(a)approved under section 49(1) by the National Board established for the health profession; and
(b)included in the list published by the National Agency under section 49(5).
approved qualification—
(a)for a health profession, means a qualification obtained by completing an approved program of study for the profession; and
(b)for endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement.
approved registration standard means a registration standard—
(a)approved by the Ministerial Council under section 12; and
(b)published on the website of the National Board that developed the standard.
Australian legal practitioner means a person who—
(a)is admitted to the legal profession under the law of a State or Territory; and
(b)holds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession.
COAG Agreement means the agreement for a national registration and accreditation scheme for health professions, made on 26 March 2008 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.
Note—
A copy of the COAG Agreement is available on the Council of Australian Governments’ website.
co-regulatory authority, for a co‑regulatory jurisdiction, means an entity that is declared by the Act applying this Law in the co‑regulatory jurisdiction to be a co‑regulatory authority for the purposes of this Law.
co-regulatory jurisdiction means a participating jurisdiction in which the Act applying this Law declares that the jurisdiction is not participating in the health, performance and conduct process provided by Division 3 to Division 12 of Part 8.
corresponding prior Act means a law of a participating jurisdiction that—
(a)was in force before the day on which the jurisdiction became a participating jurisdiction; and
(b)established an entity having functions that included—
(i)the registration of persons as health practitioners; or
(ii)health, conduct or performance action.
criminal history, of a person, means the following—
(a)every conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law;
(b)every plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence;
(c)every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law.
criminal history law means a law of a participating jurisdiction that provides that spent or other convictions do not form part of a person’s criminal history and prevents or does not require the disclosure of those convictions.
CrimTrac means the CrimTrac agency established under section 65 of the Public Service Act 1999 of the Commonwealth.
division, of a health profession, means a part of a health profession for which a Division is included in the National Register kept for the profession.
education provider means—
(a)a university; or
(b)a tertiary education institution, or another institution or organisation, that provides vocational training; or
(c)a specialist medical college or other health profession college.
entity includes a person and an unincorporated body.
exercise a function includes perform a duty.
external accreditation entity means an entity, other than a committee established by a National Board, that exercises an accreditation function.
health assessment means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person.
health complaints entity means an entity—
(a)that is established by or under an Act of a participating jurisdiction; and
(b)whose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system.
health, conduct or performance action means action that—
(a)a National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8; or
(b)a co‑regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co‑regulatory jurisdiction, substantially corresponds to a proceeding under Part 8.
health panel means a panel established under section 181.
health practitioner means an individual who practises a health profession.
health profession means the following professions, and includes a recognised specialty in any of the following professions—
(a)Aboriginal and Torres Strait Islander health practice;
(b)Chinese medicine;
(c)chiropractic;
(d)dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);
(e)medical;
(f)medical radiation practice;
(g)nursing and midwifery;
(h)occupational therapy;
(i)optometry;
(j)osteopathy;
(k)pharmacy;
(l)physiotherapy;
(m)podiatry;
(n)psychology.
Note—
See Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions.
health profession agreement has the meaning given by section 26.
health program means a program providing education, prevention, early intervention, treatment or rehabilitation services relating to physical or mental impairments, disabilities, conditions or disorders, including substance abuse or dependence.
health service includes the following services, whether provided as public or private services—
(a)services provided by registered health practitioners;
(b)hospital services;
(c)mental health services;
(d)pharmaceutical services;
(e)ambulance services;
(f)community health services;
(g)health education services;
(h)welfare services necessary to implement any services referred to in paragraphs (a) to (g);
(i)services provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists;
(j)pathology services.
health service provider means a person who provides a health service.
impairment, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect—
(a)for a registered health practitioner or an applicant for registration in a health profession, the person’s capacity to practise the profession; or
(b)for a student, the student’s capacity to undertake clinical training—
(i)as part of the approved program of study in which the student is enrolled; or
(ii)arranged by an education provider.
local registration authority means an entity having functions under a law of a State or Territory that include the registration of persons as health practitioners.
mandatory notification means a notification an entity is required to make to the National Agency under Division 2 of Part 8.
medical practitioner means a person who is registered under this Law in the medical profession.
Ministerial Council means the Australian Health Workforce Ministerial Council comprising Ministers of the governments of the participating jurisdictions and the Commonwealth with portfolio responsibility for health.
National Agency means the Australian Health Practitioner Regulation Agency established by section 23.
National Board means a National Health Practitioner Board established by section 31.
National Register means the Register kept by a National Board under section 222.
national registration and accreditation scheme means the scheme—
(a)referred to in the COAG Agreement; and
(b)established by this Law.
notification means—
(a)a mandatory notification; or
(b)a voluntary notification.
notifier means a person who makes a notification.
panel means—
(a)a health panel; or
(b)a performance and professional standards panel.
participating jurisdiction means a State or Territory—
(a)that is a party to the COAG Agreement; and
(b)in which—
(i)this Law applies as a law of the State or Territory; or
(ii)a law that substantially corresponds to the provisions of this Law has been enacted.
performance and professional standards panel means a panel established under section 182.
performance assessment means an assessment of the knowledge, skill or judgment possessed, or care exercised by, a registered health practitioner in the practice of the health profession in which the practitioner is registered.
police commissioner means the commissioner of the police force or police service of a participating jurisdiction or the Commonwealth.
principal place of practice, for a registered health practitioner, means the address declared by the practitioner to be the address—
(a)at which the practitioner is predominantly practising the profession; or
(b)if the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner’s principal place of residence.
professional misconduct, of a registered health practitioner, includes—
(a)unprofessional conduct by the practitioner that amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and
(b)more than one instance of unprofessional conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and
(c)conduct of the practitioner, whether occurring in connection with the practice of the health practitioner’s profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession.
program of study means a program of study provided by an education provider.
psychologist means a person registered under this Law in the psychology profession.
public health facility includes—
(a)a public hospital; and
(b)a public health, teaching or research facility.
recognised specialty means a specialty in a health profession that has been approved by the Ministerial Council under section 13(2).
registered health practitioner means an individual who—
(a)is registered under this Law to practise a health profession, other than as a student; or
(b)holds non‑practising registration under this Law in a health profession.
registration authority means—
(a)a local registration authority; or
(b)an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.
registration standard means a registration standard developed by a National Board under section 38.
registration status, in relation to an applicant for registration, includes—
(a)any undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and
(b)any conditions previously imposed on the applicant’s registration by a registration authority, whether before or after the commencement of this Law; and
(c)any decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant’s practice of the profession, whether before or after the commencement of this Law; and
(d)any investigation commenced by a registration authority or a health complaints entity into the applicant’s conduct, performance or possible impairment but not finalised at the time of the application.
relevant action, for Division 10 of Part 8, see section 178.
relevant fee, for a service provided by a National Board, means the fee—
(a)set under a health profession agreement between the Board and the National Agency for the service; and
(b)published on the Board’s website under section 26(3).
responsible Minister means a Minister responsible for the administration of this Law in a participating jurisdiction.
responsible tribunal means a tribunal or court that—
(a)is declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction; or
(b)is declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction.
review period, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under section 125, 126 or 127.
scheduled medicine means a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth.
specialist health practitioner means a person registered under this Law in a recognised specialty.
Specialists Register means a register kept by a National Board under section 223.
specialist title, in relation to a recognised specialty, means a title that is approved by the Ministerial Council under section 13 as being a specialist title for that recognised specialty.
State or Territory Board has the meaning given by section 36.
student means a person whose name is entered in a student register as being currently registered under this Law.
student register, for a health profession, means a register kept under section 229 by the National Board established for the profession.
unprofessional conduct, of a registered health practitioner, means professional conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner’s professional peers, and includes—
(a)a contravention by the practitioner of this Law, whether or not the practitioner has been prosecuted for, or convicted of, an offence in relation to the contravention; and
(b)a contravention by the practitioner of—
(i)a condition to which the practitioner’s registration was subject; or
(ii)an undertaking given by the practitioner to the National Board that registers the practitioner; and
(c)the conviction of the practitioner for an offence under another Act, the nature of which may affect the practitioner’s suitability to continue to practise the profession; and
(d)providing a person with health services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person’s well-being; and
(e)influencing, or attempting to influence, the conduct of another registered health practitioner in a way that may compromise patient care; and
(f)accepting a benefit as inducement, consideration or reward for referring another person to a health service provider or recommending another person use or consult with a health service provider; and
(g)offering or giving a person a benefit, consideration or reward in return for the person referring another person to the practitioner or recommending to another person that the person use a health service provided by the practitioner; and
(h)referring a person to, or recommending that a person use or consult, another health service provider, health service or health product if the practitioner has a pecuniary interest in giving that referral or recommendation, unless the practitioner discloses the nature of that interest to the person before or at the time of giving the referral or recommendation.
unsatisfactory professional performance, of a registered health practitioner, means the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the health profession in which the practitioner is registered is below the standard reasonably expected of a health practitioner of an equivalent level of training or experience.
voluntary notification means a notification made under Division 3 of Part 8.
6—Interpretation generally
Schedule 7 applies in relation to this Law.
7—Single national entity
It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by this Law is one single national entity, with functions conferred by this Law as so applied.
An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.
An entity established by this Law may exercise its functions in relation to—
(a)one participating jurisdiction; or
(b)2 or more or all participating jurisdictions collectively.
In this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.
8—Extraterritorial operation of Law
It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—
(a)things situated in or outside the territorial limits of this jurisdiction;
(b)acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;
(c)things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.
9—Trans-Tasman mutual recognition principle
This Law does not affect the operation of an Act of a participating jurisdiction providing for the application of the Trans-Tasman mutual recognition principle to occupations.
10—Law binds the State
This Law binds the State.
In this section—
State means the Crown in right of this jurisdiction, and includes—
(a)the Government of this jurisdiction; and
(b)a Minister of the Crown in right of this jurisdiction; and
(c)a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.
Part 2—Ministerial Council
11—Policy directions
The Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law.
The Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law.
Without limiting subsections (1) and (2), a direction under this section may relate to—
(a)a matter relevant to the policies of the National Agency or a National Board; or
(b)an administrative process of the National Agency or a National Board; or
(c)a procedure of the National Agency or a National Board; or
(d)a particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession.
However, the Ministerial Council may give a National Board a direction under subsection (3)(d) only if—
(a)in the Council’s opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and
(b)the Council has first given consideration to the potential impact of the Council’s direction on the quality and safety of health care.
A direction under this section cannot be about—
(a)a particular person; or
(b)a particular qualification; or
(c)a particular application, notification or proceeding.
The National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section.
12—Approval of registration standards
The Ministerial Council may approve a registration standard about—
(a)the registration, or renewal of registration, of persons in a health profession; or
(b)the endorsement, or renewal of the endorsement, of the registration of registered health practitioners.
The Ministerial Council may approve a registration standard for a health profession only if—
(a)its approval is recommended by the National Board established for the health profession; and
(b)it does not provide for a matter about which an accreditation standard may provide.
Note—
An accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6.
The Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established.
13—Approvals in relation to specialist registration
The following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law—
(a)the medical profession;
(b)the dentists division of the dental profession;
(c)any other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the profession.
If a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession—
(a)approve a list of specialties for the profession; and
(b)approve one or more specialist titles for each specialty in the list.
In making a recommendation to the Ministerial Council for the purposes of subsection (1)(c) or (2), a National Board established for a health profession may have regard to any relevant advice provided by—
(a)an accreditation authority for the profession; or
(b)a specialist college for the profession.
The Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council.
14—Approval of endorsement in relation to scheduled medicines
The Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising the profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines.
Note—
See section 94 which provides for the endorsement of health practitioners’ registration in relation to scheduled medicines.
An approval under subsection (1) is to specify—
(a)the class of health practitioners registered by the Board to which the approval relates; and
(b)whether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and
(c)whether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines.
15—Approval of areas of practice for purposes of endorsement
The Ministerial Council may, on the recommendation of a National Board, approve an area of practice in the health profession for which the Board is established as being an area of practice for which the registration of a health practitioner registered in the profession may be endorsed.
Note—
See section 98 which provides for the endorsement of health practitioners’ registration in relation to approved areas of practice.
16—How Ministerial Council exercises functions
The Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council.
An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.
17—Notification and publication of directions and approvals
A copy of any direction given by the Ministerial Council to the National Agency—
(a)is to be given to the Chairperson of the Agency Management Committee; and
(b)must be published by the National Agency on its website as soon as practicable after being received by the Chairperson.
A copy of a direction or approval given by the Ministerial Council to a National Board—
(a)is to be given to the Chairperson of the National Board; and
(b)if the direction is given under section 11(3)(d), is to include reasons for the direction; and
(c)must be published by the National Board on its website as soon as practicable after being received by the Chairperson.
A copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National Agency.
Part 3—Australian Health Workforce Advisory Council
18—Establishment of Advisory Council
The Australian Health Workforce Advisory Council is established.
19—Function of Advisory Council
The function of the Advisory Council is to provide independent advice to the Ministerial Council about the following—
(a)any matter relating to the national registration and accreditation scheme that is referred to it by the Ministerial Council;
(b)if asked by the Ministerial Council, any matter relating to the national registration and accreditation scheme on which the Ministerial Council has been unable to reach a decision;
(c)any other matter relating to the national registration and accreditation scheme that it considers appropriate.
Advice under this section cannot be about—
(a)a particular person; or
(b)a particular qualification; or
(c)a particular application, notification or proceeding.
20—Publication of advice
The Ministerial Council is to make arrangements for the publication of advice given to it by the Advisory Council as soon as practicable after the Ministerial Council has had the opportunity to consider the advice, in accordance with the COAG Agreement.
However, the Ministerial Council may decide not to publish an advice or part of an advice if the Advisory Council recommends that the Council not publish it in the interests of protecting the privacy of any person.
21—Powers of Advisory Council
The Advisory Council has the powers necessary to enable it to exercise its function.
22—Membership of Advisory Council
The Advisory Council is to consist of 7 members.
Members of the Advisory Council are to be appointed by the Ministerial Council.
One of the members of the Advisory Council is to be appointed as Chairperson, being a person who—
(a)is not a registered health practitioner; and
(b)has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years.
At least 3 of the other members of the Advisory Council are to be persons who have expertise in health, or education and training, or both.
(5)Schedule 1 sets out provisions relating to the Advisory Council.
Part 4—Australian Health Practitioner Regulation Agency
Division 1—National Agency
23—National Agency
The Australian Health Practitioner Regulation Agency is established.
The National Agency—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name.
The National Agency represents the State.
(4)Schedule 3 sets out provisions relating to the National Agency.
24—General powers of National Agency
The National Agency has all the powers of an individual and, in particular, may—
(a)enter into contracts; and
(b)acquire, hold, dispose of, and deal with, real and personal property; and
(c)do anything necessary or convenient to be done in the exercise of its functions.
25—Functions of National Agency
The functions of the National Agency are as follows—
(a)to provide administrative assistance and support to the National Boards, and the Boards’ committees, in exercising their functions;
(b)in consultation with the National Boards, to develop and administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards;
(c)to establish procedures for the development of accreditation standards, registration standards and codes and guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice;
(d)to negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement;
(e)to establish and administer an efficient procedure for receiving and dealing with applications for registration as a health practitioner and other matters relating to the registration of registered health practitioners;
(f)in conjunction with the National Boards, to keep up-to-date and publicly accessible national registers of registered health practitioners for each health profession;
(g)in conjunction with the National Boards, to keep up-to-date national registers of students for each health profession;
(h)to keep an up-to-date and publicly accessible list of approved programs of study for each health profession;
(i)to establish an efficient procedure for receiving and dealing with notifications against persons who are or were registered health practitioners and persons who are students, including by establishing a national process for receiving notifications about registered health practitioners in all professions;
(j)to provide advice to the Ministerial Council in connection with the administration of the national registration and accreditation scheme;
(k)if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme;
(l)any other function given to the National Agency by or under this Law.
26—Health profession agreements
The National Agency must enter into an agreement (a health profession agreement) with a National Board that makes provision for the following—
(a)the fees that will be payable under this Law by health practitioners and others in respect of the health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment);
(b)the annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities);
(c)the services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions under this Law.
If the National Agency and a National Board are unable to agree on a matter relating to a health profession agreement or a proposed health profession agreement, the Ministerial Council may give directions to the National Agency and National Board about how the dispute is to be resolved.
Each National Board must publish on its website the fees for which provision has been made in a health profession agreement between the Board and the National Agency.
27—Co-operation with participating jurisdictions and Commonwealth
The National Agency may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—
(a)a government agency of a participating jurisdiction or of the Commonwealth;
(b)a local registration authority;
(c)a co-regulatory authority;
(d)a health complaints entity;
(e)an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.
In particular, the National Agency may—
(a)ask an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and
(b)use the information to exercise its functions under this Law.
An entity referred to in subsection (1) that receives a request for information from the National Agency is authorised to give the information to the National Agency.
28—Office of National Agency
The National Agency is to establish a national office.
The National Agency is also to establish at least one local office in each participating jurisdiction.
Division 2—Agency Management Committee
29—Agency Management Committee
The Australian Health Practitioner Regulation Agency Management Committee is established.
The Agency Management Committee is to consist of at least 5 members appointed by the Ministerial Council.
Of the members—
(a)one is to be a person appointed by the Ministerial Council as Chairperson, being a person who—
(i)is not a registered health practitioner; and
(ii)has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and
(b)at least 2 others are to be persons who have expertise in health, or education and training, or both; and
(c)at least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise.
(4)Schedule 2 sets out provisions relating to the Agency Management Committee.
30—Functions of Agency Management Committee
The functions of the Agency Management Committee are as follows—
(a)subject to any directions of the Ministerial Council, to decide the policies of the National Agency;
(b)to ensure that the National Agency performs its functions in a proper, effective and efficient way;
(c)any other function given to the Committee by or under this Law.
The affairs of the National Agency are to be controlled by the Agency Management Committee and all acts and things done in the name of, or on behalf of, the National Agency by or with the authority of the Agency Management Committee are taken to have been done by the National Agency.
Part 5—National Boards
Division 1—National Boards
31—Establishment of National Boards
Each of the following National Health Practitioner Boards is established for the health profession listed beside that Board in the following Table—
Table—National Boards
Name of Board
Health profession
Aboriginal and Torres Strait Islander Health Practice Board of Australia
Aboriginal and Torres Strait Islander health practice
Chinese Medicine Board of Australia
Chinese medicine
Chiropractic Board of Australia
chiropractic
Dental Board of Australia
dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist or oral health therapist)
Medical Board of Australia
medical
Medical Radiation Practice Board of Australia
medical radiation practice
Nursing and Midwifery Board of Australia
nursing and midwifery
Occupational Therapy Board of Australia
occupational therapy
Optometry Board of Australia
optometry
Osteopathy Board of Australia
osteopathy
Pharmacy Board of Australia
pharmacy
Physiotherapy Board of Australia
physiotherapy
Podiatry Board of Australia
podiatry
Psychology Board of Australia
psychology
A National Board—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name.
A National Board represents the State.
32—Powers of National Board
Subject to subsection (2), a National Board has the powers necessary to enable it to exercise its functions.
A National Board does not have power to—
(a)enter into contracts; or
(b)employ staff; or
(c)acquire, hold, dispose of, and deal with, real property.
The National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—
(a)a government agency of a participating jurisdiction or of the Commonwealth;
(b)a local registration authority;
(c)a co-regulatory authority;
(d)a health complaints entity;
(e)an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.
In particular, the National Board may—
(a)ask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and
(b)use the information to exercise its functions under this Law.
An entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board.
33—Membership of National Boards
A National Board is to consist of members appointed in writing by the Ministerial Council.
Members of a National Board are to be appointed as practitioner members or community members.
Subject to this section, the Ministerial Council may decide the size and composition of a National Board.
At least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members.
The practitioner members of a National Board must consist of—
(a)at least one member from each large participating jurisdiction; and
(b)at least one member from a small participating jurisdiction.
At least 2 of the members of a National Board must be persons appointed as community members.
At least one of the members of a National Board must live in a regional or rural area.
A person cannot be appointed as a member of a National Board if the person is a member of the Agency Management Committee.
One of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council.
(10)Schedule 4 sets out provisions relating to a National Board.
In this section—
large participating jurisdiction means any of the following States that is a participating jurisdiction—
(a)New South Wales;
(b)Queensland;
(c)South Australia;
(d)Victoria;
(e)Western Australia.
small participating jurisdiction means any of the following States or Territories that is a participating jurisdiction—
(a)the Australian Capital Territory;
(b)the Northern Territory;
(c)Tasmania.
34—Eligibility for appointment
In deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board’s functions.
A person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in the health profession for which the Board is established.
A person is eligible to be appointed as a community member of a National Board only if the person—
(a)is not a registered health practitioner in the health profession for which the Board is established; and
(b)has not at any time been registered as a health practitioner in the health profession under this Law or a corresponding prior Act.
A person is not eligible to be appointed as a member of a National Board if—
(a)in the case of appointment as a practitioner member, the person has ceased to be registered as a health practitioner in the health profession for which the Board is established, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence; or
(b)in any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.
Division 2—Functions of National Boards
35—Functions of National Boards
The functions of a National Board established for a health profession are as follows—
(a)to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession;
(b)to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession;
(c)to develop or approve standards, codes and guidelines for the health profession, including—
(i)the approval of accreditation standards developed and submitted to it by an accreditation authority; and
(ii)the development of registration standards for approval by the Ministerial Council; and
(iii)the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession;
(d)to approve accredited programs of study as providing qualifications for registration or endorsement in the health profession;
(e)to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia;
(f)to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement;
(g)to oversee the receipt, assessment and investigation of notifications about persons who—
(i)are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or
(ii)are students in the health profession;
(h)to establish panels to conduct hearings about—
(i)health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and
(ii)health matters in relation to students registered by the Board;
(i)to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions;
(j)to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertaking and suspensions imposed on the registration of the practitioners or students;
(k)to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession;
(l)in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession;
(m)in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession;
(n)at the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students;
(o)to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession;
(p)if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme;
(q)to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;
(r)any other function given to the Board by or under this Law.
For the purposes of subsection (1)(g)-(j), the Board’s functions do not include receiving notifications and taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co‑regulatory jurisdiction.
36—State and Territory Boards
A National Board may establish a committee (a State or Territory Board) for a participating jurisdiction to enable the Board to exercise its functions in the jurisdiction in a way that provides an effective and timely local response to health practitioners and other persons in the jurisdiction.
A State or Territory Board is to be known as the “[Name of participating jurisdiction for which it is established] Board” of the National Board.
The members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction.
Example—
(a)The Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales.
(b)The Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory.
In deciding whether to appoint a person as a member of a State or Territory Board, the responsible Minister is to have regard to the skills and experience of the person that are relevant to the Board’s functions.
At least half, but not more than two-thirds, of the members of a State or Territory Board must be persons appointed as practitioner members.
At least 2 of the members of a State or Territory Board must be persons appointed as community members.
Note—
See section 299 which provides that subsections (5) and (6) do not apply to a State or Territory Board for a jurisdiction for the first 12 months after the jurisdiction becomes a participating jurisdiction.
Before a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised.
The National Agency may assist a responsible Minister in the process of appointing members of a State or Territory Board, including in the advertising of vacancies.
It is not necessary to advertise a vacancy in the membership of a State or Territory Board before appointing a person to act in the office of a member.
Note—
The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board.
This section does not limit clause 11 of Schedule 4.
Note—
Clause 11 of Schedule 4 confers power for the establishment of other committees.
In a statutory instrument—
the Law means this Law.
13—Provisions relating to defined terms and gender and number
If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.
Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.
In this Law, words indicating a gender include each other gender.
In this Law—
(a)words in the singular include the plural; and
(b)words in the plural include the singular.
14—Meaning of “may” and “must” etc
In this Law, the word may, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.
In this Law, the word must, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.
This clause has effect despite any rule of construction to the contrary.
15—Words and expressions used in statutory instruments
Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.
This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.
16—Effect of express references to bodies corporate and individuals
In this Law, a reference to a person generally (whether the expression “person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another” or “whoever” or another expression is used)—
(a)does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and
(b)does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).
17—Production of records kept in computers etc
If a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—
(a)to produce the information or a document containing the information to a court, tribunal or person; or
(b)to make a document containing the information available for inspection by a court, tribunal or person;
then, unless the court, tribunal or person otherwise directs—
(c)the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and
(d)the production to the court, tribunal or person of the document in that form complies with the requirement.
18—References to this jurisdiction to be implied
In this Law—
(a)a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and
(b)a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.
19—References to officers and holders of offices
In this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.
20—Reference to certain provisions of Law
If a provision of this Law refers—
(a)to a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or
(b)to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or
(c)to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—
(i)the Division, designated by the number, of the Part in which the reference occurs; and
(ii)the Subdivision, designated by the number, of the Division in which the reference occurs; and
(iii)the subsection, designated by the number, of the section in which the reference occurs; and
(iv)the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and
(v)the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and
(vi)the subparagraph, designated by the number, of the paragraph in which the reference occurs; and
(vii)the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and
(viii)the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;
as the case requires.
21—Reference to provisions of this Law or an Act is inclusive
In this Law, a reference to a portion of this Law or an Act includes—
(a)a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and
(b)a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.
Example—
A reference to “sections 5 to 9” includes both section 5 and section 9. It is not necessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the reference is given an inclusive interpretation.
Part 4—Functions and powers
22—Performance of statutory functions
If this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.
If this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.
If this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.
23—Power to make instrument or decision includes power to amend or repeal
If this Law authorises or requires the making of an instrument or decision—
(a)the power includes power to amend or repeal the instrument or decision; and
(b)the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.
24—Matters for which statutory instruments may make provision
If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—
(a)an Act or statutory instrument; or
(b)another document (whether of the same or a different kind);
as in force at a particular time or as in force from time to time.
If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.
A statutory instrument may—
(a)apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or
(b)apply generally to all persons, matters or things or be limited in its application to—
(i)particular persons, matters or things; or
(ii)particular classes of persons, matters or things; or
(c)otherwise apply generally or be limited in its application by reference to specified exceptions or factors.
A statutory instrument may—
(a)apply differently according to different specified factors; or
(b)otherwise make different provision in relation to—
(i)different persons, matters or things; or
(ii)different classes of persons, matters or things.
A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.
If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.
If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.
A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.
A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.
25—Presumption of validity and power to make
All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.
A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.
26—Appointments may be made by name or office
If this Law authorises or requires a person or body—
(a)to appoint a person to an office; or
(b)to appoint a person or body to exercise a power; or
(c)to appoint a person or body to do another thing;
the person or body may make the appointment by—
(d)appointing a person or body by name; or
(e)appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.
An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.
27—Acting appointments
If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—
(a)a person by name; or
(b)a particular officer, or the holder of a particular office, by reference to the title of the office concerned;
to act in the office.
The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.
The appointer may—
(a)determine the terms and conditions of the appointment, including remuneration and allowances; and
(b)terminate the appointment at any time.
The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.
The appointee must not act for more than 1 year during a vacancy in the office.
If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—
(a)the appointer otherwise directs; or
(b)the vacancy is filled; or
(c)the end of a year from the day of the vacancy;
whichever happens first.
The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.
While the appointee is acting in the office—
(a)the appointee has all the powers and functions of the holder of the office; and
(b)this Law and other laws apply to the appointee as if the appointee were the holder of the office.
Anything done by or in relation to a person purporting to act in the office is not invalid merely because—
(a)the occasion for the appointment had not arisen; or
(b)the appointment had ceased to have effect; or
(c)the occasion for the person to act had not arisen or had ceased.
If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.
28—Powers of appointment imply certain incidental powers
If this Law authorises or requires a person or body to appoint a person to an office—
(a)the power may be exercised from time to time as occasion requires; and
(b)the power includes—
(i)power to remove or suspend, at any time, a person appointed to the office; and
(ii)power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and
(iii)power to reinstate or reappoint a person removed or suspended; and
(iv)power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and
(v)power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).
The power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.
The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.
An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.
29—Delegation of functions
If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—
(a)a person or body by name; or
(b)a specified officer, or the holder of a specified office, by reference to the title of the office concerned.
The delegation may be—
(a)general or limited; and
(b)made from time to time; and
(c)revoked, wholly or partly, by the delegator.
The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.
A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.
The delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.
A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.
A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.
If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.
If—
(a)the delegator is a specified officer or the holder of a specified office; and
(b)the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;
then—
(c)the delegation continues in force; and
(d)the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.
If—
(a)the delegator is a body; and
(b)there is a change in the membership of the body;
then—
(c)the delegation continues in force; and
(d)the body as constituted for the time being is taken to be the delegator for the purposes of this section.
If a function is delegated to a specified officer or the holder of a specified office—
(a)the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and
(b)the function may be exercised by the person for the time being occupying or acting in the office concerned.
A function that has been delegated may, despite the delegation, be exercised by the delegator.
The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.
Subject to subsection (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.
If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.
30—Exercise of powers between enactment and commencement
If a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—
(a)to make an appointment; or
(b)to make a statutory instrument of a legislative or administrative character; or
(c)to do another thing;
then—
(d)the power may be exercised; and
(e)anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;
before the empowering provision commences.
If a provision of a Queensland Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—
(a)to make an appointment; or
(b)to make a statutory instrument of a legislative or administrative character; or
(c)to do another thing;
then—
(d)the power may be exercised; and
(e)anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;
before the empowering provision commences.
If—
(a)this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power); and
(b)a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power);
then—
(c)the basic instrument‑making power and the additional instrument‑making power may be exercised by making a single instrument; and
(d)any provision of the instrument that required an exercise of the additional instrument‑making power is to be treated as made under subclause (2).
If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—
(a)enabling the exercise of a power mentioned in the subclause; or
(b)bringing an appointment, instrument or other thing made or done under such a power into effect;
the instrument or provision takes effect—
(c)on the making of the instrument; or
(d)on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.
If—
(a)an appointment is made under subclause (1) or (2); or
(b)an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4);
the appointment, instrument or provision takes effect—
(c)on the commencement of the relevant empowering provision; or
(d)on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.
Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.
After the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.
In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.
Part 5—Distance, time and age
31—Matters relating to distance, time and age
In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.
If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—
(a)if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and
(b)in any other case—by including the day on which the purpose is to be fulfilled.
If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.
If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.
If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.
If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.
For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.
Part 6—Effect of repeal, amendment or expiration
32—Time of Law ceasing to have effect
If a provision of this Law is expressed—
(a)to expire on a specified day; or
(b)to remain or continue in force, or otherwise have effect, until a specified day;
this provision has effect until the last moment of the specified day.
33—Repealed Law provisions not revived
If a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act—
(a)is later repealed or amended; or
(b)later expires.
34—Saving of operation of repealed Law provisions
The repeal, amendment or expiry of a provision of this Law does not—
(a)revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or
(b)affect the previous operation of the provision or anything suffered, done or begun under the provision; or
(c)affect a right, privilege or liability acquired, accrued or incurred under the provision; or
(d)affect a penalty incurred in relation to an offence arising under the provision; or
(e)affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.
Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.
35—Continuance of repealed provisions
If a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.
36—Law and amending Acts to be read as one
This Law and all Queensland Acts amending this Law are to be read as one.
Part 7—Instruments under Law
37—Schedule applies to statutory instruments
This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.
The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.
Part 8—Application to coastal sea
38—Application
This Law has effect in and relation to the coastal sea of this jurisdiction as if that coastal sea were part of this jurisdiction.
Made by the Governor
with the advice and consent of the Executive Council
on 12 August 2010
No 189 of 2010
HEAC-2010-00036
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