Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017 (SA)
South Australia
Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017
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—Variation of Health Practitioner Regulation National Law (South Australia)
4 Amendment of section 5—Definitions
5 Amendment of section 65—Eligibility for limited registration
6 Substitution of section 71
71 Limited registration not to be held for more than one purpose
7 Amendment of section 79—Power to check applicant's criminal history
8 Amendment of section 118—Claims by persons as to specialist registration
9 Amendment of section 125—Changing or removing conditions or undertaking on application by registered health practitioner or student
10 Amendment of section 126—Changing conditions on Board’s initiative
11 Amendment of section 135—Criminal history check
12 Amendment of section 151—When National Board may decide to take no further action
13 Amendment of section 196—Decision by responsible tribunal about registered health practitioner
14 Insertion of section 196A
196A Offences relating to prohibition orders
15 Substitution of section 220
220 Disclosure to protect health or safety of patients or other persons
16 Amendment of section 246—Parliamentary scrutiny of national regulations
17 Insertion of Part 13 Division 1
Part 13—Transitional and other provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017
Division 1—Paramedicine Board and registration of paramedics
306 Definitions
307 Establishment of Paramedicine Board
308 Powers and functions of Paramedicine Board
309 Paramedicine Board taken to be a National Board for stated matters
310 CAA accredited programs of study
311 Qualifications for general registration in paramedicine for a limited period
312 Accepted qualification for general registration in paramedicine
313 Provisions that apply to student registration for Diploma of Paramedical Science
314 Applications for registration in paramedicine and period of registration
315 Applications for registration in paramedicine made but not decided before participation day
316 Period after participation day during which an individual does not commit an offence under sections 113 and 116
317 Application of sections 113 and 116 to individual temporarily practising paramedicine in another jurisdiction
18 Insertion of Part 13 Division 2
Division 2—Other transitional provisions
321 Offences relating to prohibition orders made before commencement
Schedule 1—Related amendments
Part 1—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010
1 Amendment of section 79—Commissioner of Police may give criminal history information
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, amend 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.
Section 4(6) of the Health Practitioner Regulation National Law (South Australia) Act 2010 provides that a regulation may take effect from the day of the commencement of an amendment made by the Parliament of Queensland in that State (including a day that is earlier than the day of this regulation's publication in the Gazette—see regulation 2)
Part 1—Preliminary
1—Short title
These regulations may be cited as the Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017.
2—Commencement
Subject to subregulation (2), these regulations will be taken to have come into operation on the day on which the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 of Queensland was assented to by the Governor of Queensland.
Note—
The Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 of Queensland was assented to on 13 September 2017.
The following regulations will come into operation 28 days after they are made:
(a)regulation 4(4);
(b)regulation 14;
(c)regulation 18.
3—Amendment provisions
Pursuant to section 4(4) of the Act, the Health Practitioner Regulation National Law (South Australia) is modified as set out 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 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—before the definition of accreditation authority insert:
ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth.
Section 5, definition of CrimTrac—delete the definition
Section 5, definition of Ministerial Council—delete the definition and substitute:
Ministerial Council means the COAG Health Council, or a successor of the Council by whatever name called, constituted by Ministers of the governments of the participating jurisdictions and the Commonwealth with portfolio responsibility for health.
Section 5—after the definition of program of study insert:
prohibition order means—
(a)a decision by a responsible tribunal of this jurisdiction under section 196(4)(b); or
(b)a decision by a responsible tribunal of another participating jurisdiction under section 196(4)(b) as it applies in the other jurisdiction; or
(c)a prohibition order under section 149C(5) of the Health Practitioner Regulation National Law (NSW); or
(d)a decision under section 107(4)(b) of the Health Ombudsman Act 2013 of Queensland.
5—Amendment of section 65—Eligibility for limited registration
Section 65—after subsection (1) insert:
(1A)Subsection (1B) applies if—
(a)an individual is registered in a health profession for which divisions are included in the National Register kept for the profession; and
(b)the individual holds general or limited registration in a division.
(1B)Despite subsection (1)(a) and (b), the individual is eligible for limited registration in another division of the profession if the individual—
(a)is not qualified for general registration under the other division; and
(b)is qualified under this Division for limited registration under the other division.
6—Substitution of section 71
Section 71—delete the section and substitute:
71—Limited registration not to be held for more than one purpose
(1)Subsection (2) applies to a health profession for which a division is not included in the National Register kept for the profession.
(2)An individual registered in the health profession may not hold limited registration in the same health profession for more than one purpose under this Division at the same time.
(3)Subsection (4) applies to a health profession for which divisions are included in the National Register kept for the profession.
(4)An individual registered in the health profession may not hold limited registration in the same division of the profession for more than one purpose under this Division at the same time.
7—Amendment of section 79—Power to check applicant's criminal history
Section 79(2)(a)—delete paragraph (a) and substitute:
(a)ACC
8—Amendment of section 118—Claims by persons as to specialist registration
Section 118(2)(b)—after "another person" insert:
who is not a specialist health practitioner
9—Amendment of section 125—Changing or removing conditions or undertaking on application by registered health practitioner or student
Section 125(2)(b)—after "when imposing the condition" insert:
or at a later time
10—Amendment of section 126—Changing conditions on Board’s initiative
Section 126(3)(b)—after "when imposing the condition" insert:
or at a later time
11—Amendment of section 135—Criminal history check
Section 135(1)(a)—delete paragraph (a) and substitute:
(a)ACC
12—Amendment of section 151—When National Board may decide to take no further action
Section 151(1)(e)—delete paragraph (e) and substitute:
(e)the subject matter of the notification—
(i)is being dealt with, or has already been dealt with, by another entity; or
(ii)has been referred by the Board to another entity to be dealt with by that entity; or
(f)the health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification.
13—Amendment of section 196—Decision by responsible tribunal about registered health practitioner
Section 196(4)(b)—delete paragraph (b) and substitute:
(b)prohibit the person, either permanently or for a stated period, from—
(i)providing any health service or a specified health service; or
(ii)using any title or a specified title.
14—Insertion of section 196A
After section 196 insert:
196A—Offences relating to prohibition orders
(1)A person must not contravene a prohibition order.
Maximum penalty: $30 000.
(2)A person who is subject to a prohibition order (the prohibited person) must, before providing a health service, give written notice of the order to the following persons—
(a)the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person;
(b)if the health service is to be provided by the prohibited person as an employee—the person’s employer;
(c)if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity;
(d)if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity.
Maximum penalty: $5 000.
(3)A person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to a prohibition order.
Maximum penalty—
(a)in the case of an individual—$5 000; or
(b)in the case of a body corporate—$10 000.
15—Substitution of section 220
Section 220—delete section 220 and substitute:
220—Disclosure to protect health or safety of patients or other persons
(1)This section applies if a National Board reasonably believes that—
(a)either of the following poses, or may pose, a risk to public health—
(i)a registered health practitioner;
(ii)a person who provides a health service but is not a registered health practitioner; or
(b)the health or safety of a patient or class of patients is or may be at risk because of—
(i)a registered health practitioner’s practice as a health practitioner; or
(ii)the provision of a health service by a person who is not a registered health practitioner.
(2)The National Board may give written notice of the risk and any relevant information about a person mentioned in subsection (1)(a) or (b) to an entity of the Commonwealth or a State or Territory that the Board considers may be required to take action in relation to the risk.
16—Amendment of section 246—Parliamentary scrutiny of national regulations
Section 246(1)—delete subsection (1) and substitute:
(1)A regulation made under this Law must be tabled in, or notice of its making given to, the Parliament of each participating jurisdiction—
(a)if a regulation made under an Act of that jurisdiction must be tabled in the Parliament of that jurisdiction—in the same way a regulation must be tabled in that jurisdiction; or
(b)if notice of the making of a regulation made under an Act of that jurisdiction must be given to the Parliament of that jurisdiction—in the same way notice must be given in that jurisdiction.
(1A)However, failure to comply with subsection (1) does not affect the validity of the regulation.
(1B)The regulation may be disallowed in a participating jurisdiction by a House of the Parliament of that jurisdiction in the same way that a regulation made under an Act of that jurisdiction may be disallowed.
(1C)However, subsection (1D) applies if—
(a)a regulation is not tabled in accordance with the law of a participating jurisdiction; and
(b)under the law of that jurisdiction a regulation may be disallowed only after its tabling.
(1D)The regulation is taken to be have been tabled in the Parliament of that jurisdiction on the first sitting day after the regulation was required to be tabled under the law of the jurisdiction.
17—Insertion of Part 13 Division 1
After section 305 insert:
Part 13—Transitional and other provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017
Division 1—Paramedicine Board and registration of paramedics
306—Definitions
In this division—
Ambulance Service of New South Wales, for the issue of a Diploma of Paramedical Science, includes another entity prescribed by regulation for issuing the diploma;
Diploma of Paramedical Science—see section 312(5);
Paramedicine Board means—
(a)the Paramedicine Board of Australia established under section 307; or
(b)the Board continued in force on the participation day by a regulation made under section 31; or
(c)if, after the participation day, the Paramedicine Board is dissolved and replaced by another Board established for the health profession of paramedicine by a regulation made under section 31—the other Board;
participation day means a day prescribed by regulation after which an individual may be registered in paramedicine under this Law;
relevant day means the day that is 3 years after the participation day.
307—Establishment of Paramedicine Board
(1)The Paramedicine Board of Australia is established as a National Health Practitioner Board for the health profession of paramedicine.
(2)The 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.
(3)The Board represents the State.
(4)This section applies until the Board is continued in force by a regulation made under section 31.
308—Powers and functions of Paramedicine Board
(1)Sections 32, 33, 34, 37, 40, 234 and Schedule 4 apply to the Paramedicine Board until the participation day.
(2)However, for section 34, the Ministerial Council may, until the participation day, appoint as practitioner members persons who the Council is satisfied have skills and experience in paramedicine relevant to the Board’s functions.
(3)The Paramedicine Board may perform the following functions until the participation day—
(a)develop and recommend one or more registration standards to the Ministerial Council under section 38 for its approval under section 12;
(b)develop and approve codes and guidelines under section 39;
(c)decide the day after which individuals may apply for registration in paramedicine;
(d)do anything under Part 6 in relation to accreditation for paramedicine;
(e)do anything under Part 7 to register individuals in paramedicine;
(f)anything else the Board may do under this division.
309—Paramedicine Board taken to be a National Board for stated matters
The Paramedicine Board is taken to be a National Board for the following provisions of this Law until the participation day—
(a)Part 2;
(b)Part 4;
(c)Part 9;
(d)Part 10, except for Division 3;
(e)section 236.
310—CAA accredited programs of study
(1)The Paramedicine Board may, until the relevant day, approve, or refuse to approve, a CAA accredited program of study as providing a qualification for the purposes of registration in paramedicine.
(2)An approval of a program of study under subsection (1)—
(a)may be granted subject to the conditions the Board considers necessary or desirable in the circumstances; and
(b)does not take effect until the program is included in the list published under subsection (3).
(3)A program of study approved by the Board under subsection (1) must—
(a)be published in a list on the National Agency’s website; and
(b)include, for each program of study, the name of the education provider that provides the program.
(4)A program of study approved under this section is taken to be an approved program of study for this Law.
(5)This section applies despite section 49(1).
(6)In this section—
CAA accredited program of study means a program of study accredited by the Council of Ambulance Authorities Inc. and published on the Council’s website—
(a)immediately before the commencement; or
(b)between the commencement and the participation day.
311—Qualifications for general registration in paramedicine for a limited period
(1)For the purposes of section 52(1)(a), an individual who applies for registration in paramedicine before the relevant day is qualified for general registration in paramedicine if the individual—
(a)holds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, that the Paramedicine Board considers is adequate for the purposes of practising the profession; or
(b)holds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Paramedicine Board for the purposes of this section; or
(c)has practised paramedicine during the 10 years before the participation day for a consecutive period of 5 years or for any periods which together amount to 5 years and satisfies the Paramedicine Board that he or she is competent to practise paramedicine.
(2)This section applies despite section 53.
312—Accepted qualification for general registration in paramedicine
(1)This section applies to an individual who holds a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales.
(2)The individual is qualified for general registration in paramedicine for the purposes of section 52(1)(a).
(3)This section applies despite section 53.
(4)Nothing in this section makes a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales an approved qualification for section 53(b).
(5)In this section—
Diploma of Paramedical Science means any of the following:
(a)a Diploma of Paramedical Science;
(b)a Diploma of Paramedical Science (Ambulance) or an Advanced Diploma of Paramedical Science (Ambulance);
(c)a Diploma in Paramedical Science (Pre-Hospital Care) or an Advanced Diploma Paramedical Sciences (Pre-Hospital Care);
(d)a qualification—
(i)that has replaced the diploma mentioned in paragraph (a) and is prescribed by regulation; and
(ii)issued by the Ambulance Service of New South Wales.
313—Provisions that apply to student registration for Diploma of Paramedical Science
A Diploma of Paramedical Science issued by the Ambulance Service of New South Wales is taken to be an approved program of study for Part 7, Division 7, subdivisions 1 and 3.
314—Applications for registration in paramedicine and period of registration
(1)An individual may apply to the Paramedicine Board for registration in paramedicine—
(a)before the participation day; and
(b)after the day decided by the Board under section 308(3)(c).
(2)Subsection (3) applies if an individual applies for registration in paramedicine under subsection (1) and the Board grants the application under Part 7.
(3)Despite section 56, the registration period—
(a)does not start until the participation day; and
(b)may be a period of not more than 2 years decided by the Board.
315—Applications for registration in paramedicine made but not decided before participation day
(1)This section applies if—
(a)before the participation day an individual applies to the Paramedicine Board for registration in paramedicine; and
(b)the application is not decided by the Board by the participation day; and
(c)while the application for registration is being decided, the individual takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116.
(2)The individual does not commit an offence against section 113 or 116 while the application is being decided.
Note—
See section 85 for when an application not decided by a National Board is taken to be a decision to refuse the application.
316—Period after participation day during which an individual does not commit an offence under sections 113 and 116
(1)This section applies if an individual eligible for registration in paramedicine—
(a)has not applied to the Paramedicine Board for registration in paramedicine before the participation day; and
(b)takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116.
Note—
An individual may be qualified for general registration in paramedicine under section 311 or 312.
(2)The individual does not commit an offence against section 113 or 116 during the period of 90 days after the participation day.
317—Application of sections 113 and 116 to individual temporarily practising paramedicine in another jurisdiction
(1)This section applies to an individual who—
(a)usually practises paramedicine in a participating jurisdiction that has yet to enact a law that substantially corresponds with the provisions of this law about paramedicine; and
(b)temporarily takes or uses a title or does anything else, relating to paramedicine in another jurisdiction, that would contravene section 113 or 116; and
(c)complies with any regulation made under this Law about temporarily taking or using a title or doing anything else, relating to paramedicine in another jurisdiction.
(2)The individual does not commit an offence against section 113 or 116.
(3)In this section—
another jurisdiction means a participating jurisdiction in which the provisions of this Law about paramedicine apply.
18—Insertion of Part 13 Division 2
Before Schedule 1 insert:
Division 2—Other transitional provisions
321—Offences relating to prohibition orders made before commencement
Section 196A also applies to a prohibition order made before the commencement.
Schedule 1—Related amendments
Part 1—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010
1—Amendment of section 79—Commissioner of Police may give criminal history information
Section 79(1)(b)—delete "CrimTrac" wherever occurring and substitute in each case:
the ACC
Section 79(2)—before the definition of criminal history information insert:
ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth;
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
being satisfied that the amendments set out in Schedule 1 of these regulations are necessary to ensure that the amendments made by the Parliament of Queensland have proper effect under the law of South Australia and with the advice and consent of the Executive Council
on 19 December 2017
No 344 of 2017
HEAC-2016-00037
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