Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2018 (SA)
South Australia
Health Practitioner Regulation National Law (South Australia) (Amendment of Law) 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 provision
Part 2—Variation of Health Practitioner Regulation National Law (South Australia)
4 Amendment of section 56—Period of general registration
5 Amendment of section 125—Changing or removing conditions or undertaking on application by registered health practitioner or student
6 Amendment of section 126—Changing conditions on Board’s initiative
7 Insertion of section 127A
127A When matters under this Subdivision may be decided by review body of a co-regulatory jurisdiction
8 Amendment of section 155—Definition
9 Amendment of section 156—Power to take immediate action
10 Amendment of section 181—Establishment of health panel
11 Amendment of section 184—Notice to be given to registered practitioner or student
12 Amendment of section 191—Decision of panel
13 Insertion of section 191A and 191B
191A Decision of panel after reconsideration of suspension
191B Change of reconsideration date for suspension of registration
14 Amendment of section 192—Notice to be given about panel’s decision
15 Amendment of section 199—Appellable decisions
16 Insertion of sections 318 and 319
318 Deciding review period for decision on application made under section 125 before commencement
319 Deciding review period for decision after notice given under section 126 before commencement
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.
Part 1—Preliminary
1—Short title
These regulations may be cited as the Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2018.
2—Commencement
These regulations will come into operation on 1 March 2018.
3—Amendment provision
Pursuant to section 4(4) of the Act, the Health Practitioner Regulation National Law (South Australia) is amended as specified in Part 2 of these regulations.
Part 2—Variation of Health Practitioner Regulation National Law (South Australia)
4—Amendment of section 56—Period of general registration
Section 56(2)(a)—delete paragraph (a) and substitute:
(a)starts—
(i)when the Board makes the decision; or
(ii)on the later day stated by the Board, not more than 90 days after the day the Board makes the decision; and
5—Amendment of section 125—Changing or removing conditions or undertaking on application by registered health practitioner or student
Section 125(6)—delete subsection (6) and substitute:
(6)If the National Board's decision results in the registration or endorsement being subject to a condition, or an undertaking is still in place, the Board may decide a review period for the condition or undertaking.
(6A)As soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of—
(a)the decision; and
(b)if the Board has decided a review period for a condition or undertaking—details of the review period.
6—Amendment of section 126—Changing conditions on Board’s initiative
Section 126(6)—delete subsection (6) and substitute:
(6)If the National Board’s decision results in the registration being subject to a condition, the Board may decide a review period for the condition.
(6A)As soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of—
(a)the decision; and
(b)if the Board has decided a review period for a condition—details of the review period.
7—Insertion of section 127A
After section 127 insert:
127A—When matters under this Subdivision may be decided by review body of a co-regulatory jurisdiction
(1)This section applies if—
(a)a condition has been imposed on a registered health practitioner’s or student’s registration or endorsement, or an undertaking has been given by the practitioner or student; and
(b)a change or removal of the condition, or change or revocation of the undertaking, would usually be decided under this Subdivision; and
(c)the National Board that imposed the condition, or to which the undertaking was given, considers the change or removal, or change or revocation, should be decided by a review body of a co-regulatory jurisdiction.
(2)The National Board may—
(a)decide that any change or removal, or change or revocation, may be decided by the review body of a co-regulatory jurisdiction; and
(b)give any relevant documents or information held by the Board to the review body.
(3)If a review body of a co-regulatory jurisdiction is to decide a matter instead of the Board, the review body must decide the matter under the laws of that jurisdiction.
(4)In this section—
review body means an entity declared by an Act or regulation of a co-regulatory jurisdiction to be a review body for this section.
8—Amendment of section 155—Definition
Section 155, definition of immediate action—after paragraph (c) insert:
; or
(d)if immediate action has previously been taken suspending a health practitioner’s or student’s registration—the revocation of the suspension and the imposition of a condition on the registration; or
(e)if immediate action has previously been taken imposing a condition on a health practitioner’s or student’s registration—the suspension of the registration instead of the condition.
9—Amendment of section 156—Power to take immediate action
Section 156(1)—after paragraph (d) insert:
; or
(e)the National Board reasonably believes the action is otherwise in the public interest.
Example of when action may be taken in the public interest—
A registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners.
10—Amendment of section 181—Establishment of health panel
Section 181—after subsection (1) insert:
(1A)Also, a National Board must establish a health panel if the suspension of a practitioner’s or student’s registration is to be reconsidered under section 191(4A) or 191A(2)(c).
11—Amendment of section 184—Notice to be given to registered practitioner or student
Section 184—after subsection (2) insert:
(3)For a panel established under section 181(1A), the panel—
(a)may decide the hearing may be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and
(b)if the hearing is to be decided entirely on the basis of documents—must give written notice of the decision to the registered health practitioner or student the subject of the hearing.
(4)The health practitioner or student may within 14 days after receiving the notice under subsection (3)(b) give a written notice to the panel—
(a)requesting a hearing; and
(b)undertaking to be available to attend the hearing within 28 days after giving the notice.
(5)If the health practitioner or student gives a notice under subsection (4), the panel must give the health practitioner or student notice under subsection (1) stating a day for the hearing that is not more than 28 days after the practitioner’s or student’s notice was given.
(6)Subsection (1) does not apply if—
(a)the panel makes a decision under subsection (3); and
(b)the health practitioner or student does not give notice under subsection (4).
12—Amendment of section 191—Decision of panel
Section 191—after subsection (4) insert:
(4A)If a panel suspends a health practitioner’s or student’s registration, the panel must decide a date (the reconsideration date) by which the suspension must be reconsidered by a panel established under section 181(1A).
13—Insertion of section 191A and 191B
After section 191 insert:
191A—Decision of panel after reconsideration of suspension
(1)This section applies if the suspension of a health practitioner’s or student’s registration is reconsidered by a panel established under section 181(1A).
(2)The panel may—
(a)revoke the suspension; or
(b)revoke the suspension, impose conditions under section 191(3)(a) and decide a review period for the conditions under section 191(4); or
(c)not revoke the suspension and decide a new reconsideration date.
191B—Change of reconsideration date for suspension of registration
(1)This section applies if the suspension of a health practitioner’s or student’s registration is to be reconsidered by a panel established under section 181(1A) on a reconsideration date.
(2)The panel may decide an earlier reconsideration date if—
(a)the health practitioner or student advises the panel of a material change in the practitioner’s or student’s circumstances and requests an earlier reconsideration date because of the change; and
(b)the panel is reasonably satisfied an earlier reconsideration date is necessary because of the change in circumstances.
(3)For subsection (2), the panel must give the practitioner or student written notice of—
(a)if the panel decides an earlier reconsideration date—the earlier date; or
(b)if the panel decides to refuse the request for an earlier reconsideration date—the panel’s decision and the reasons for the decision.
(4)The panel may decide a later reconsideration date if the panel is reasonably satisfied it is necessary to enable the panel to reconsider the suspension.
Examples of when the panel may be reasonably satisfied a later reconsideration date may be decided—
(a)the health practitioner or student is required for a hearing and cannot attend because of illness;
(b)the panel requires extra time to consider further evidence supplied by the health practitioner or student;
(c)extra time is required to appoint a panel member for a panel member who is ill.
(5)For subsection (4), the panel must give the health practitioner or student written notice of the later reconsideration date and the reasons for the decision.
(6)The suspension of the health practitioner’s or student’s registration remains in force until the panel makes a decision to revoke the suspension.
14—Amendment of section 192—Notice to be given about panel’s decision
Section 192(1)—after "section 191" insert"
or 191A
15—Amendment of section 199—Appellable decisions
Section 199(1)(j)—after paragraph (j) insert:
(ja)a decision by a health panel not to revoke a suspension;
16—Insertion of sections 318 and 319
Before section 321 insert:
318—Deciding review period for decision on application made under section 125 before commencement
(1)This section applies if—
(a)before the commencement, a registered health practitioner or student applied to a National Board under section 125 to change or remove a condition or change or revoke an undertaking; and
(b)immediately before the commencement, the application had not been decided by the Board; and
(c)after the commencement, the Board’s decision results in a registration or endorsement being subject to a condition, or an undertaking is still in place.
(2)The National Board may decide a review period for the condition or undertaking under section 125(6) and give the registered health practitioner or student notice under section 125(6A).
319—Deciding review period for decision after notice given under section 126 before commencement
(1)This section applies if—
(a)before the commencement, a National Board had given notice to a registered health practitioner or student under section 126 about changing a condition on the practitioner’s or student’s registration; and
(b)immediately before the commencement the Board had not made a decision in relation to the matter; and
(c)after the commencement, the Board’s decision results in the practitioner’s or student’s registration being subject to a condition.
(2)The National Board may decide a review period for the condition under section 126(6) and give the registered health practitioner or student notice under section 126(6A).
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 13 February 2018
No 48 of 2018
HEAC-2017-00087
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