Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 2) Regulations 2018 (SA)
South Australia
Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 2) Regulations 2018
under section 4 of the Health Practitioner Regulation National Law (South Australia) Act 2010
Contents
Preamble
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Health Practitioner Regulation National Law (South Australia)
4 Amendment of section 39—Codes and guidelines
5 Substitution of section 132
132 National Board may ask registered health practitioner for practice information
6 Insertion of section 159A
159A Board may give information to notifier about immediate action
7 Insertion of section 167A
167A Board may give information to notifier about result of investigation
8 Insertion of section 177A
177A Board may give information to notifier about decision following assessor’s report
9 Substitution of section 180
180 Notice to be given to health practitioner or student and notifier
10 Amendment of section 192—Notice to be given about panel’s decision
11 Amendment of section 206—National Board to give notice to registered health practitioner’s employer and other entities
Preamble
Section 4 of the Health Practitioner Regulation National Law (South Australia) Act 2010 provides that if the Parliament of Queensland enacts an amendment to the Health Practitioner National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland (the Queensland Act), the Governor may, by regulation, modify the Health Practitioner Regulation National Law (South Australia) text to give effect to that amendment as a law of South Australia.
The Parliament of Queensland has enacted the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 to amend the Queensland Act and the amendments set out in Part 2 of these regulations to the Health Practitioner Regulation National Law (South Australia) text give effect to those Queensland amendments.
Part 1—Preliminary
1—Short title
These regulations may be cited as the Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 2) Regulations 2018.
2—Commencement
These regulations will come into operation on 1 August 2018.
3—Amendment provisions
Pursuant to section 4(4) of the Health Practitioner Regulation National Law (South Australia) Act 2010, the Health Practitioner Regulation National Law (South Australia) is amended as specified in Part 2 of these regulations.
Part 2—Amendment of Health Practitioner Regulation National Law (South Australia)
4—Amendment of section 39—Codes and guidelines
Section 39, Example—delete the Example and substitute
Examples—
1A National Board may develop guidelines about the advertising of regulated health services by health practitioners registered by the Board or other persons for the purposes of section 133.
2To assist a health practitioner in providing practice information under section 132, a National Board may develop guidelines about the information that must be provided to the Board.
5—Substitution of section 132
Section 132—delete the section and substitute:
132—National Board may ask registered health practitioner for practice information
(1)A National Board may, at any time by written notice given to a health practitioner registered in a health profession for which the Board is established, ask the practitioner to give the Board a written notice containing practice information for the practitioner.
(2)The registered health practitioner must not, without reasonable excuse, fail to comply with the notice from the Board.
(3)A contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.
(4)In this section—
practice information, for a registered health practitioner practising in the health profession for which the practitioner is registered, means each of the following if it applies to the practitioner—
(a)if the practitioner is self‑employed and shares premises with other registered health practitioners with whom the practitioner shares the cost of the premises—
(i)that the practitioner is self‑employed; and
(ii)the address of each of the premises at which the practitioner practises; and
(iii)if the practitioner practises under a business name or names, each business name; and
(iv)the names of the other registered health practitioners with whom the practitioner shares premises;
(b)if the practitioner is self‑employed and paragraph (a) does not apply—that the practitioner is self‑employed, the address of each of the premises at which the practitioner practises and, if the practitioner practises under a business name or names, each business name;
(c)if the practitioner is engaged by one or more entities under a contract of employment, contract for services or any other arrangement or agreement—the name, address and contact details of each entity;
(d)if the practitioner is providing services for or on the behalf of one or more entities, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner receives payment from an entity for the services—the name, address and contact details of each entity;
Example for paragraph (d)—
A physiotherapist practises physiotherapy as a volunteer at a sporting club or charity under an arrangement with that entity.
(e)if the practitioner practises under a name or names that are not the same as the name under which the practitioner is registered under this Law—the other name or names.
premises at which the practitioner practises does not include the residential premises of a patient of the practitioner.
6—Insertion of section 159A
After section 159 insert:
159A—Board may give information to notifier about immediate action
(1)This section applies if a notification about a registered health practitioner or student results in immediate action by a National Board under this division in relation to the practitioner or student.
(2)After deciding to take the immediate action, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.
7—Insertion of section 167A
After section 167 insert:
167A—Board may give information to notifier about result of investigation
(1)This section applies if a notification about a registered health practitioner or student results in a decision by a National Board under section 167 in relation to the practitioner or student.
(2)After making the decision, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.
8—Insertion of section 177A
After section 177 insert:
177A—Board may give information to notifier about decision following assessor’s report
(1)This section applies if a notification about a registered health practitioner or student results in a decision by a National Board under section 177 in relation to the practitioner or student.
(2)After making the decision, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.
9—Substitution of section 180
Section 180—delete the section and substitute:
180—Notice to be given to health practitioner or student and notifier
(1)As soon as practicable after making a decision under section 179(2) or 178(2), if section 179 does not apply, the National Board must give written notice of the decision to—
(a)the registered health practitioner or student; and
(b)if the decision was the result of a notification, the notifier.
(2)A notice under subsection (1)(b) may also include the reasons for the decision.
10—Amendment of section 192—Notice to be given about panel’s decision
Section 192(4)—delete subsection (4) and substitute:
(4)A notice under subsection (2)(b) may also include the reasons for the decision.
11—Amendment of section 206—National Board to give notice to registered health practitioner’s employer and other entities
Section 206(1)(b)—delete paragraph (b) and substitute:
(b)the National Board has been given practice information under section 132 or becomes aware of practice information it should have been given under that section.
Section 206(2)—delete subsection (2) and substitute:
(2)The National Board, as soon as practicable after making the decision or receiving the notice—
(a)if the practice information given to the Board, or of which the Board becomes aware, is information referred to in section 132(4)(a) and includes the names of other registered health practitioners—may give written notice to each of those practitioners of the decision to take health, conduct or performance action against the registered health practitioner; or
(b)if the practice information given to the Board, or of which the Board becomes aware, is information referred to in section 132(4)(c) or (d) and includes the name of an entity—must give written notice to the entity of the decision to take health, conduct or performance action against the registered health practitioner.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 28 June 2018
No 170 of 2018
HEAC-2018-00013
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