Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (SA)
South Australia
Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018
under 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—Variation of Health Practitioner Regulation National Law (South Australia)
4 Amendment of section 5—Definitions
5 Amendment of section 7—Single national entity
6 Amendment of section 14—Approval of endorsement in relation to scheduled medicines
7 Amendment of section 15—Approval of areas of practice for purposes of endorsement
8 Amendment of section 26—Health profession agreements
9 Substitution of section 31
31 Regulations must provide for National Boards
31A Status of National Board
10 Amendment of section 33—Membership of National Boards
11 Amendment of section 34—Eligibility for appointment
12 Amendment of section 38—National Board must develop registration standards
13 Amendment of section 41—Use of registration standards, codes or guidelines in disciplinary proceedings
14 Amendment of section 49—Approval of accredited programs of study
15 Amendment of section 51—Changes to approval of program of study
16 Amendment of section 77—Application for registration
17 Amendment of section 83—Conditions of registration
18 Amendment of section 88—National Board may ask education provider for list of persons undertaking approved program of study
19 Amendment of section 92—Notice to be given if student registration suspended or conditions imposed
20 Amendment of section 94—Endorsement for scheduled medicines
21 Amendment of section 95—Endorsement as nurse practitioner
22 Amendment of section 96—Endorsement as midwife practitioner
23 Amendment of section 97—Endorsement for acupuncture
24 Amendment of section 98—Endorsement for approved area of practice
25 Amendment of section 107—Application for renewal of registration or endorsement
26 Amendment of section 113—Restriction on use of protected titles
27 Repeal of section 120A
28 Amendment of section 123A—Restricted birthing practices
29 Amendment of section 124—Issue or certificate of registration
30 Amendment of section 125—Changing or removing conditions or undertaking on application by registered health practitioner or student
31 Amendment of section 126—Changing conditions on Board’s initiative
32 Amendment of section 127—Removal of condition or revocation of undertaking
33 Amendment of section 129—Professional indemnity insurance arrangements
34 Amendment of section 130—Registered health practitioner or student to give National Board notice of certain events
35 Amendment of section 131—Change in principal place of practice, address or name
36 Amendment of section 137—Surrender of registration
37 Amendment of section 143—Mandatory notification by education providers
38 Amendment of section 148—Referral of notification to National Board or co-regulatory authority
39 Amendment of section 149—Preliminary assessment
40 Amendment of section 150—Relationship with health complaints entity
41 Amendment of section 151—When National Board may decide to take no further action
42 Amendment of section 156—Power to take immediate action
43 Amendment of section 160—When investigation may be conducted
44 Amendment of section 171—Appointment of assessor to carry out assessment
45 Amendment of section 178—National Board may take action
46 Amendment of section 181—Establishment of health panel
47 Amendment of section 182—Establishment of performance and professional standards panel
48 Amendment of section 196—Decision by responsible tribunal about registered health practitioner
49 Insertion of Part 10 Division 1A
Division 1A—Australian Information Commissioner
212A Application of Commonwealth AIC Act
50Amendment of section 213—Application of Commonwealth Privacy Act
51 Amendment of section 215—Application of Commonwealth FOI Act
52 Amendment of section 217—Disclosure of information for workforce planning
53 Substitution of section 222
222 Public national registers
54 Amendment of section 223—Specialists Registers
55 Amendment of section 226—National Board may decide not to include or to remove certain information in register
56 Substitution of section 227
227 Register about former registered health practitioners
57 Amendment of section 232—Record of adjudication decisions to be kept and made publicly available
58 Amendment of section 233—Unique identifier to be given to each registered health practitioner
59Amendment of section 235—Application of Commonwealth Ombudsman Act
60 Amendment of section 284—Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery
61 Insertion of section 320
320 Membership of continued National Boards
62 Insertion of sections 322 and 323
322 Register to include prohibition orders made before commencement
323 Public national registers
63 Amendment of Schedule 2—Agency Management Committee
64 Amendment of Schedule 4—National Boards
Schedule 1—Related amendments
Part 1—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010
1 Amendment of Schedule 1—Repeals and transitional provisions
Part 2—Amendment of Controlled Substances Act 1984
2 Amendment of section 4—Interpretation
Part 3—Amendment of Rail Safety National Law (South Australia) Act 2012
3 Amendment of section 5—Interpretation of certain expressions
4 Amendment of Schedule—Rail Safety National Law
Part 4—Amendment of Road Traffic Act 1961
5 Amendment of Schedule 1—Oral fluid and blood sample processes
Part 5—Amendment of Summary Offences Act 1953
6 Amendment of section 21G—Information relating to knife related injuries
7 Amendment of section 81—Power to search, examine and take particulars of persons
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 3) Regulations 2018.
2—Commencement
These regulations will come into operation on 1 December 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.
Pursuant to section 4(5) of the Act, related and consequential amendments are made to the Health Practitioner Regulation National Law (South Australia) Act 2010 and various other Acts as set out in Schedule 1 of these regulations.
Part 2—Variation of Health Practitioner Regulation National Law (South Australia)
4—Amendment of section 5—Definitions
Section 5, definition of accreditation committee—delete "the health profession" and substitute:
a health profession
Section 5, definition of health profession, (g)—delete paragraph (g) and substitute:
(g)midwifery;
(ga)nursing;
Section 5, definition of health profession, after paragraph (j) insert:
(ja)paramedicine;
Section 5, definition of National Board—delete "established by section 31" and substitute:
continued or established by regulations made under section 31
5—Amendment of section 7—Single national entity
Section 7—delete "established by this Law" wherever occurring and substitute in each case:
established by or under this Law
6—Amendment of section 14—Approval of endorsement in relation to scheduled medicines
Section 14(1)—delete "practising the profession" and substitute:
practising a profession
7—Amendment of section 15—Approval of areas of practice for purposes of endorsement
Section 15—delete "the health profession" and substitute:
a health profession
8—Amendment of section 26—Health profession agreements
Section 26(1)(a)—delete "the health profession" and substitute:
a health profession
9—Substitution of section 31
Section 31—delete the section and substitute:
31—Regulations must provide for National Boards
(1)The regulations must provide for a National Health Practitioner Board for each health profession.
(2)The regulations may—
(a)continue an existing Board for a health profession; or
(b)establish a Board for a health profession or for 2 or more health professions; or
(c)dissolve a Board for a health profession (the dissolved Board) if another Board is established for that health profession (the replacement Board).
(3)The regulations may provide for anything for which it is necessary or convenient to make provision to allow, facilitate or provide for the following—
(a)the continuation, establishment or dissolution of a Board under subsection (2);
(b)the completion of a matter started by the existing Board before the commencement;
(c)the effect of anything done by an existing Board before the commencement;
(d)the transfer of matters from a dissolved Board to a replacement Board.
(4)Before a regulation is made under subsection (2)(b) or (c), the Ministers comprising the Ministerial Council must undertake public consultation on the proposed regulation.
(5)However, failure to comply with subsection (4) does not affect the validity of the regulation.
(6)In this section—
existing Board means a National Health Practitioner Board in existence immediately before the commencement.
31A—Status of National Board
(1)A National Board—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name.
(2)A National Board represents the State.
10—Amendment of section 33—Membership of National Boards
Section 33(5)—after paragraph (b) insert:
; and
(c)if the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established.
Section 33—after subsection (9) insert:
(9A)The regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more health professions.
11—Amendment of section 34—Eligibility for appointment
Section 34(2) and (3)—delete subsections (2) and (3) and substitute:
(2)A person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in a health profession for which the Board is established.
(3)A person is eligible to be appointed as a community member only if the person is not, and has not at any time been, a health practitioner in a health profession for which the Board is established.
Section 34(4)(a)—delete paragraph (a) and substitute:
(a)in the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or
12—Amendment of section 38—National Board must develop registration standards
Section 38(1)—delete "the health profession" and substitute:
a health profession
Section 38(1)(b)—delete "by the Board" and substitute:
in a health profession for which the Board is established
13—Amendment of section 41—Use of registration standards, codes or guidelines in disciplinary proceedings
Section 41—delete "by the Board" and substitute:
in a health profession for which the Board is established
14—Amendment of section 49—Approval of accredited programs of study
Section 49(1)—delete "the health profession" and substitute:
a health profession
Section 49(5)—delete "the health profession" and substitute:
a health profession
15—Amendment of section 51—Changes to approval of program of study
Section 51(2)—delete "the health profession" and substitute:
a health profession
16—Amendment of section 77—Application for registration
Section 77(1)—delete "the health profession" and substitute:
a health profession
17—Amendment of section 83—Conditions of registration
Section 83(1)—delete "the health profession" and substitute:
a health profession
18—Amendment of section 88—National Board may ask education provider for list of persons undertaking approved program of study
Section 88(1)(a)—delete "the health profession" and substitute:
a health profession
19—Amendment of section 92—Notice to be given if student registration suspended or conditions imposed
Section 92(2)—delete "that registered the person" and substitute:
established for the person's health profession
20—Amendment of section 94—Endorsement for scheduled medicines
Section 94(1)—delete "by the Board" and substitute:
in a health profession for which the Board is established
21—Amendment of section 95—Endorsement as nurse practitioner
Section 95(1)—delete "Nursing and Midwifery Board of Australia" and substitute:
National Board for the nursing profession
22—Amendment of section 96—Endorsement as midwife practitioner
Section 96(1)—delete "Nursing and Midwifery Board of Australia" and substitute:
National Board for the midwifery profession
23—Amendment of section 97—Endorsement for acupuncture
Section 97(1)—delete "by the Board" and substitute:
in a health profession for which the Board is established
24—Amendment of section 98—Endorsement for approved area of practice
Section 98(1)—delete "by the Board" and substitute:
in a health profession for which the Board is established
25—Amendment of section 107—Application for renewal of registration or endorsement
Section 107(1)—delete "that registered the practitioner" and substitute:
established for the practitioner's health profession
26—Amendment of section 113—Restriction on use of protected titles
Section 113(3), table, entry for Nursing and Midwifery—delete the entry and substitute:
Midwifery
midwife, midwife practitioner
Nursing
nurse, registered nurse, nurse practitioner, enrolled nurse
Section 113(3), table—after entry for Osteopathy insert:
Paramedicine
paramedic
27—Repeal of section 120A
Section 120A—delete the section
28—Amendment of section 123A—Restricted birthing practices
Section 123A(1)(c)—delete "nursing and" wherever occurring
Section 123A(1)(e)—delete "Nursing and Midwifery Board of Australia" and substitute:
National Board established for the midwifery profession
Section 123A, definition of midwife—delete the definition and substitute:
midwife means a person registered under this Law in the midwifery profession
Section 123A, definition of restricted birthing practice—delete "Nursing and Midwifery Board of Australia" and substitute:
National Board established for the midwifery profession
29—Amendment of section 124—Issue or certificate of registration
Section 124(1)(a)—delete "the health profession" and substitute:
a health profession
Section 124(1)(b)—delete "the health profession" and substitute:
a health profession
30—Amendment of section 125—Changing or removing conditions or undertaking on application by registered health practitioner or student
Section 125(1)—delete "that registered the practitioner or student" and substitute:
established for the practitioner's or student's health profession
31—Amendment of section 126—Changing conditions on Board’s initiative
Section 126(1)—delete "by the Board" and substitute:
in a health profession for which the Board is established
32—Amendment of section 127—Removal of condition or revocation of undertaking
Section 127(1)—delete "by the Board" wherever occurring and substitute in each case:
in a health profession for which the Board is established
33—Amendment of section 129—Professional indemnity insurance arrangements
Section 129(2)—delete "by the Board" and substitute:
in a health profession for which the Board is established
34—Amendment of section 130—Registered health practitioner or student to give National Board notice of certain events
Section 130(1)—delete "that registered the practitioner or student" and substitute:
established for the practitioner's or student's health profession
35—Amendment of section 131—Change in principal place of practice, address or name
Section 131(1)—delete "that registered the practitioner" and substitute:
established for the practitioner's health profession
36—Amendment of section 137—Surrender of registration
Section 137(1)—delete "that registered the practitioner" and substitute:
established for the practitioner's health profession
37—Amendment of section 143—Mandatory notification by education providers
Section 143(3)(a)—delete "that registered the student" and substitute:
established for the student's health profession
38—Amendment of section 148—Referral of notification to National Board or co-regulatory authority
Section 148(1)—delete "that registered the health practitioner or student" and substitute:
established for the practitioner's or student's health profession
39—Amendment of section 149—Preliminary assessment
Section 149(1)(a)—delete "by the Board" and substitute:
in a health profession for which the Board is established
Section 149(3)—delete "by the Board but the Board reasonably suspects the person is registered by another National Board" and substitute:
in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established
40—Amendment of section 150—Relationship with health complaints entity
Section 150(5)—delete "that registered the practitioner" substitute:
established for the practitioner's health profession
Section 150(7)—delete "that registered the practitioner" and substitute:
established for the practitioner's health profession
41—Amendment of section 151—When National Board may decide to take no further action
Section 151(1)(c)—delete "by the Board" and substitute:
in a health profession for which the Board is established
42—Amendment of section 156—Power to take immediate action
Section 156(1)—delete "by the Board" and substitute:
in a health profession for which the Board is established
43—Amendment of section 160—When investigation may be conducted
Section 160(1)—delete "by the Board" and substitute:
in a health profession for which the Board is established
44—Amendment of section 171—Appointment of assessor to carry out assessment
Section 171(2)(b)—delete paragraph (b) and insert:
(b)for a performance assessment, a registered health practitioner who—
(i)is a member of the same health profession as the registered health practitioner or student undergoing assessment; but
(ii)is not a member of the National Board established for that profession.
45—Amendment of section 178—National Board may take action
Section 178(1)(a)(i) and (ii)—delete "by the Board" wherever occurring and substitute in each case:
in a health profession for which the Board is established
46—Amendment of section 181—Establishment of health panel
Section 181(2)—delete subsection (2) and substitute:
(2)A health panel must consist of the following members chosen from a list referred to in section 183—
(a)at least one member who is a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing;
(b)at least one member who is a medical practitioner with expertise relevant to the matter the subject of the hearing;
(c)at least one member who is not, and has not been, a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing.
Section 181(4) and (5)—delete subsections (4) and (5) and substitute:
(4)No more than half of the members of the panel may be registered health practitioners in the same health profession as the registered health practitioner or student the subject of the hearing.
(5)However, for subsection (4), if the subject of the hearing is a registered health practitioner who is a medical practitioner, a member of the panel referred to in subsection (2)(b) is not to be considered to be registered in the same health profession as the registered health practitioner the subject of the hearing.
47—Amendment of section 182—Establishment of performance and professional standards panel
Section 182(4)—delete subsection (4) and substitute:
(4)At least half, but no more than two-thirds, of the members of the panel must be persons who are—
(a)registered health practitioners in the same health profession as the registered health practitioner the subject of the hearing; and
(b)chosen from a list approved under section 183.
48—Amendment of section 196—Decision by responsible tribunal about registered health practitioner
Section 196(1)(b)(v)—delete "that registered the practitioner" and substitute:
established for the practitioner's health profession
49—Insertion of Part 10 Division 1A
Part 10—before Division 1 insert:
Division 1A—Australian Information Commissioner
212A—Application of Commonwealth AIC Act
(1)The AIC Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.
(2)For the purposes of subsection (1), the AIC Act applies—
(a)as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and
(b)as if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and
(c)with any other modifications made by the regulations.
(3)Without limiting subsection (2)(c), the regulations may—
(a)provide that the AIC Act applies under subsection (1) as if a provision of the AIC Act specified in the regulations were omitted; or
(b)provide that the AIC Act applies under subsection (1) as if an amendment to the AIC Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or
(c)confer jurisdiction on a tribunal or court of a participating jurisdiction.
(4)In this section—
AIC Act means the Australian Information Commissioner Act 2010 of the Commonwealth, as in force from time to time.
50—Amendment of section 213—Application of Commonwealth Privacy Act
Section 213(2)—delete subsection (2) and substitute:
(2)For the purposes of subsection (1), the Privacy Act applies—
(a)as if a reference to the Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and
(b)with any other modifications made by the regulations.
Section 213(3)—delete "subsection (2)(c)" and substitute:
subsection (2)(b)
51—Amendment of section 215—Application of Commonwealth FOI Act
Section 215(2)—delete subsection (2) and substitute:
(2)For the purposes of subsection (1), the FOI Act applies—
(a)as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and
(b)as if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and
(c)with any other modifications made by the regulations.
Section 215(3)—delete "subsection (2)" and substitute:
subsection (2)(c)
52—Amendment of section 217—Disclosure of information for workforce planning
Section 217(2)—delete "by the Board" and substitute:
in a health profession for which the Board is established
53—Substitution of section 222
Section 222—delete the section and substitute:
222—Public national registers
(1)A public national register, with the name listed in column 1 of the following table, is to be kept for each health profession.
(2)A public national register for a health profession is to include the names of all health practitioners (other than specialist health practitioners) currently registered in the profession.
(3)If divisions are listed beside the public national register in column 2 of the table, the register is to be kept in a way that ensures it includes those divisions.
(4)In addition, a public national register for a health profession is to include—
(a)the names of all health practitioners (other than specialist health practitioners) whose registration has been cancelled by an adjudication body; and
(b)the names of all persons (other than specialist health practitioners or persons who were previously specialist health practitioners) subject to a prohibition order.
(5)A public national register required to be kept under this section is to be kept by the National Board prescribed by the regulations for the register, in conjunction with the National Agency.
Table—Public national registers
Name of public national register
Divisions of public national register
Register of Aboriginal and Torres Strait Islander Health Practitioners
Register of Chinese Medicine Practitioners
Acupuncturists, Chinese herbal medicine practitioners, Chinese herbal dispensers
Register of Chiropractors
Register of Dental Practitioners
Dentists, Dental therapists, Dental hygienists, Dental prosthetists, Oral health therapists
Register of Medical Practitioners
Register of Medical Radiation Practitioners
Diagnostic radiographers, Nuclear medicine technologists, Radiation therapists
Register of Midwives
Register of Nurses
Registered nurses (Division 1), Enrolled nurses (Division 2)
Register of Occupational Therapists
Register of Optometrists
Register of Osteopaths
Register of Paramedics
Register of Pharmacists
Register of Physiotherapists
Register of Podiatrists
Register of Psychologists
54—Amendment of section 223—Specialists Registers
Section 223(a)—delete "by the Board" and substitute:
in a health profession for which the Board is established
Section 223(b)—delete paragraph (b) and substitute:
(b)a public national register that includes the names of all—
(i)specialist health practitioners whose registration has been cancelled by an adjudication body; and
(ii)persons who are subject to a prohibition order.
55—Amendment of section 226—National Board may decide not to include or to remove certain information in register
Section 226(1)—delete "its National Register or Specialists Register" and substitute:
a National Register or Specialists Register in which the practitioner’s name is included
Section 226(2)—delete "its National Register or Specialists Register" and substitute:
a National Register or Specialists Register in which the practitioner’s name is included
Section 226(3)—delete "the National Register or Specialists Register" and substitute:
a National Register or Specialists Register in which the practitioner’s name is included
56—Substitution of section 227
Section 227—delete the section and substitute:
227—Register about former registered health practitioners
A register kept by a National Board under section 222 or 223(b) must include the following—
(a)for each health practitioner whose registration was cancelled by an adjudication body—
(i)the fact the practitioner’s registration was cancelled by an adjudication body; and
(ii)the grounds on which the practitioner’s registration was cancelled; and
(iii)if the adjudication body’s hearing was open to the public, details of the conduct that formed the basis of the adjudication;
(b)for each person subject to a prohibition order, a copy of the order.
57—Amendment of section 232—Record of adjudication decisions to be kept and made publicly available
Section 232(1)(b)—delete "by the Board" and substitute:
in a health profession for which the Board is established
58—Amendment of section 233—Unique identifier to be given to each registered health practitioner
Section 233(1)(a)—delete "the health profession" and substitute:
a health profession
59—Amendment of section 235—Application of Commonwealth Ombudsman Act
Section 235(2)(a)—delete "Practitioners" and substitute:
Practitioner
60—Amendment of section 284—Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery
Section 284(5), definition of National Board—delete the definition and substitute:
National Board means the National Board for midwifery
Section 284(5), definition of private midwifery—delete "nursing and"
61—Insertion of section 320
After section 319 insert:
320—Membership of continued National Boards
(1)This section applies if—
(a)a person holds office as a member of a National Board immediately before the commencement; and
(b)the Board is continued in force after the commencement (the continued Board) by a regulation made under section 31.
(2)The person continues to hold office as a member of the continued Board after the commencement—
(a)on the terms and conditions that applied to the person’s appointment before commencement; and
(b)until the office of the member becomes vacant under this Law.
(3)Also, a person who is Chairperson of a National Board immediately before the commencement continues to hold office as Chairperson of the continued Board after the commencement.
(4)Subsection (5) applies if the process for appointing a person as a member of a National Board is started but not completed before the commencement.
(5)The process may continue after the commencement and the person may be appointed as a member of the continued Board.
62—Insertion of sections 322 and 323
After section 321 insert:
322—Register to include prohibition orders made before commencement
(1)For section 222(4)(b) and section 223(b), a National Board may also record in the register the names of persons subject to a prohibition order made before the commencement.
(2)Also, for section 227(b), a National Board may also include in the register copies of prohibition orders made before the commencement.
323—Public national registers
(1)This section applies to a register kept under section 222 or 223 immediately before the commencement.
(2)The register continues in force immediately after the commencement.
63—Amendment of Schedule 2—Agency Management Committee
Schedule 2, clause 4(2)(b)—delete paragraph (b) and substitute:
(b)the member, as a result of the member’s misconduct, impairment or incompetence—
(i)ceases to be a registered health practitioner; or
(ii)if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions; or
64—Amendment of Schedule 4—National Boards
Schedule 4, clause 2—after its present contents (now to be designated as subclause (1)) insert:
(2)However, a member’s term of office ends if the National Board to which the member was appointed is dissolved by a regulation made under section 31.
Schedule 4, clause 4(2)(b)—delete paragraph (b) and substitute:
(b)the member, as a result of the member’s misconduct, impairment or incompetence—
(i)ceases to be a registered health practitioner; or
(ii)if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions; or
Schedule 4, clause 10—delete "the health profession" and substitute:
a health profession
Schedule 4, clause 11(a) and (b)—delete "the health profession" wherever occurring and substitute in each case:
a health profession
Schedule 1—Related amendments
Part 1—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010
1—Amendment of Schedule 1—Repeals and transitional provisions
Schedule 1, clause 39(1), table, entry relating to "enrolled nurse", column 2, paragraph (a)—delete "and midwifery"
Schedule 1, clause 39(1), table, entry relating to "midwife", column 2—delete the contents of column 2 and substitute:
a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession as a midwife (other than as a student)
Schedule 1, clause 39(1), table, entry relating to "nurse", column 2—delete "and midwifery"
Schedule 1, clause 39(1), table, entry relating to "registered nurse", column 2, paragraph (a)—delete "and midwifery"
Part 2—Amendment of Controlled Substances Act 1984
2—Amendment of section 4—Interpretation
Section 4(1), definition of midwife—delete "nursing and"
Section 4(1), definition of nurse—delete "and midwifery"
Part 3—Amendment of Rail Safety National Law (South Australia) Act 2012
3—Amendment of section 5—Interpretation of certain expressions
Section 5(1), definition of registered nurse, (a)—delete "and midwifery"
4—Amendment of Schedule—Rail Safety National Law
Schedule, clause 248(3), definition of person to whom this section applies, (b)—delete "and midwife"
Part 4—Amendment of Road Traffic Act 1961
5—Amendment of Schedule 1—Oral fluid and blood sample processes
Schedule 1, clause 1, definition of registered nurse, (a)—delete "and midwifery"
Part 5—Amendment of Summary Offences Act 1953
6—Amendment of section 21G—Information relating to knife related injuries
Section 21G(4), definition of enrolled nurse, (a)—delete "and midwifery"
Section 21G(4), definition of registered nurse, (a)—delete "and midwifery"
7—Amendment of section 81—Power to search, examine and take particulars of persons
Section 81(6), definition of registered nurse, (a)—delete "and midwifery"
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 29 November 2018
No 229 of 2018
HEAC-2018-00049
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