Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2022 (SA)
South Australia
Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2022
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—Amendment of Health Practitioner Regulation National Law (South Australia)
4 Amendment of section 3—Objectives and guiding principles
5 Insertion of section 3A
3A Guiding principles
6 Amendment of section 4—How functions to be exercised
7 Amendment of section 5—Definitions
8 Amendment of section 17—Notification and publication of directions and approvals
9 Repeal of Part 3
10 Amendment of section 25—Functions of National Agency
11 Substitution of heading to Part 4 Division 2
Division 2—Agency Board
12 Amendment of section 29—Agency Management Committee
13 Amendment of section 30—Functions of Agency Management Committee
14 Amendment of section 33—Membership of National Boards
15 Amendment of section 35—Functions of National Boards
16 Repeal of Part 7 Division 8 Subdivision 3
17 Amendment of section 102—Decision about application
18 Amendment of section 127A—When matters under this Subdivision may be decided by review body of a co-regulatory jurisdiction
19 Amendment of section 133—Advertising
20 Amendment of section 136—Directing or inciting unprofessional conduct or professional misconduct
21 Amendment of section 142—Mandatory notifications by employers
22 Amendment of section 156—Power to take immediate action
23 Amendment of section 161—Registered health practitioner or student to be given notice of investigation
24 Amendment of section 196—Decision by responsible tribunal about registered health practitioner
25 Amendment of section 219—Disclosure of information to other Commonwealth, State and Territory entities
26 Amendment of section 236—Protection from personal liability for persons exercising functions
27 Repeal of Part 12 Division 16
28 Insertion of Part 14
Part 14—Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022
324 Renaming of Agency Management Committee
325 Saving of endorsement of midwife practitioner
29 Repeal of Schedule 1
30 Substitution of heading to Schedule 2
31 Amendment of Schedule 2—Agency Board
32 Amendment of Schedule 3—National Agency
33 Amendment of Schedule 7—Miscellaneous provisions relating to interpretation
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 2022 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 2022.
2—Commencement
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 2022 of Queensland was assented to by the Governor of Queensland.
Editorial note—
The Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 of Queensland was assented to on 21 October 2022.
3—Amendment provisions
Pursuant to section 4(4) of the Act, the Health Practitioner Regulation National Law (South Australia) text 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 3—Objectives and guiding principles
Section 3, heading—delete "and guiding principles"
Section 3(2)—after paragraph (c) insert:
(ca)to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander persons; and
Section 3(3)—delete subsection (3)
5—Insertion of section 3A
After section 3 insert:
3A—Guiding principles
(1)The main guiding principle of the national registration and accreditation scheme is that the following are paramount:
(a)protection of the public;
(b)public confidence in the safety of services provided by registered health practitioners and students.
(2)The other 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)the scheme is to ensure the development of a culturally safe and respectful health workforce that—
(i)is responsive to Aboriginal and Torres Strait Islander persons and their health; and
(ii)contributes to the elimination of racism in the provision of health services;
Example—
Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.
(c)fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;
(d)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.
6—Amendment of section 4—How functions to be exercised
Section 4—delete "section 3" and substitute:
sections 3 and 3A
7—Amendment of section 5—Definitions
Section 5, definition of Advisory Council—delete the definition
Section 5—before the definition of Agency Fund insert:
Agency Board means the Australian Health Practitioner Regulation Agency Board established by section 29;
Section 5, definition of Agency Management Committee—delete the definition
Section 5, definition of COAG Agreement, note—delete "Council of Australian Governments' website" and substitute:
National Agency's website
8—Amendment of section 17—Notification and publication of directions and approvals
Section 17(1)(a)—delete "Management Committee" and substitute:
Board
9—Repeal of Part 3
Part 3—delete the Part
10—Amendment of section 25—Functions of National Agency
Section 25(j)—delete paragraph (j) and substitute:
(j)to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme;
Section 25—after paragraph (k) insert:
(ka)to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;
11—Substitution of heading to Part 4 Division 2
Heading to Part 4 Division 2—delete the heading to Division 2 and substitute:
Division 2—Agency Board
12—Amendment of section 29—Agency Management Committee
Section 29, heading—delete "Management Committee" and substitute:
Board
Section 29(1)—delete "Management Committee" and substitute:
Board
Section 29(2)—delete "Management Committee" and substitute:
Board
Section 29(4)—delete "Management Committee" and substitute:
Board
13—Amendment of section 30—Functions of Agency Management Committee
Section 30, heading—delete "Management Committee" and substitute:
Board
Section 30(1)—delete "Management Committee" and substitute:
Board
Section 30(1)(c)—delete "Committee" and substitute:
Board
Section 30(2)—delete "Management Committee" wherever occurring and substitute in each case:
Board
14—Amendment of section 33—Membership of National Boards
Section 33(8)—delete "Management Committee" and substitute:
Board
15—Amendment of section 35—Functions of National Boards
Section 35(1)(j)—delete "undertaking" and insert:
undertakings
16—Repeal of Part 7 Division 8 Subdivision 3
Part 7 Division 8 Subdivision 3—delete Subdivision 3
17—Amendment of section 102—Decision about application
Section 102(3), definition of relevant section—delete ", 96"
18—Amendment of section 127A—When matters under this Subdivision may be decided by review body of a co-regulatory jurisdiction
Section 127A(3)—delete "is" and substitute:
agrees
19—Amendment of section 133—Advertising
Section 133(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000; or
(b)in the case of a body corporate—$120 000.
20—Amendment of section 136—Directing or inciting unprofessional conduct or professional misconduct
Section 136(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a)in the case of an individual—$60 000; or
(b)in the case of a body corporate—$120 000.
21—Amendment of section 142—Mandatory notifications by employers
Section 142(1)—before the note insert:
Example—
An employer takes action against a registered health practitioner by withdrawing or restricting the practitioner's clinical privileges at a hospital because the employer reasonably believes the public is at risk of harm by the practitioner practising the profession in a way that constitutes a significant departure from accepted professional standards—see paragraph (d) of the definition of notifiable conduct in section 140. The employer must notify the National Agency of the notifiable conduct.
22—Amendment of section 156—Power to take immediate action
Section 156(1)(a)(i)—delete "conduct, performance or health" and substitute:
health, conduct or performance
23—Amendment of section 161—Registered health practitioner or student to be given notice of investigation
Section 161(1)—delete "within"
24—Amendment of section 196—Decision by responsible tribunal about registered health practitioner
Section 196(4)(b)—delete "from—" and substitute:
from doing either or both of the following:
Section 196(4)(b)(i)—delete "or"
25—Amendment of section 219—Disclosure of information to other Commonwealth, State and Territory entities
Section 219(1)(a)—delete paragraph (a) and substitute:
(a)the Chief Executive Medicare under the Human Services (Medicare) Act 1973 of the Commonwealth;
26—Amendment of section 236—Protection from personal liability for persons exercising functions
Section 236(3), definition of protected person, (a)—delete paragraph (a)
Section 236(3), definition of protected person, (b)—delete "Management Committee" and substitute:
Board
27—Repeal of Part 12 Division 16
Part 12 Division 16—delete Division 16
28—Insertion of Part 14
After section 323 insert:
Part 14—Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022
324—Renaming of Agency Management Committee
(1)The renaming of the Agency Management Committee by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 does not affect the validity of an appointment of a person to the Committee before the renaming.
(2)In this section—
Agency Management Committee means the Australian Health Practitioner Regulation Agency Management Committee established by section 29, as in force immediately before the commencement of this section.
325—Saving of endorsement of midwife practitioner
(1)If, immediately before the commencement of section 75 of the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022, a registered health practitioner's registration was endorsed as being qualified to practise as a midwife practitioner, the practitioner may do any of the following as if section 96 had not been repealed:
(a)if the practitioner continues to comply with any approved registration standard relevant to the endorsement—continue to hold and renew the endorsement, subject to any conditions stated in the endorsement;
(b)while holding the endorsement, use the title "midwife practitioner" or otherwise hold themself out as holding the endorsement.
(2)Section 119 continues to apply in relation to a claim by any other registered health practitioner to hold, or to be qualified to hold, an endorsement as a midwife practitioner as if section 96 had not been repealed.
29—Repeal of Schedule 1
Schedule 1—delete the Schedule
30—Substitution of heading to Schedule 2
Heading to Schedule 2—delete the heading and substitute:
Schedule 2—Agency Board
31—Amendment of Schedule 2—Agency Board
Schedule 2, clause 1, definition of Chairperson—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 1, definition of Committee—delete the definition
Schedule 2, clause 1, definition of member—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 4(1)(d)—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 4(2)(d)—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 4(3)—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 5(1)—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 5(2)—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 5, note—delete "Management Committee" and substitute:
Board
Schedule 2, clause 7(1)—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 7(2)—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 8(1)—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 8(2)—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 8(3)—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 8(4)—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 8(5)—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 9—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 10—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 11—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 12(1)—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 13—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 14(1)—delete "Committee" wherever occurring and substitute in each case:
Agency Board
Schedule 2, clause 14(2)—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 14(3)—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 15—delete "Committee" and substitute:
Agency Board
Schedule 2, clause 16—delete "Committee" wherever occurring and substitute in each case:
Agency Board
32—Amendment of Schedule 3—National Agency
Schedule 3, clause 1(1)—delete "Management Committee" and substitute:
Board
Schedule 3, clause 2(1)—delete "Management Committee" and substitute:
Board
Schedule 3, clause 2(2)—delete "Management Committee" wherever occurring and substitute in each case:
Board
Schedule 3, clause 3(2)—delete "Management Committee" and substitute:
Board
Schedule 3, clause 4(1)—delete "Management Committee" wherever occurring and substitute in each case:
Board
Schedule 3, clause 4(2)—delete "Management Committee" and substitute:
Board
33—Amendment of Schedule 7—Miscellaneous provisions relating to interpretation
Schedule 7, clause 38—after "and" insert:
in
Editorial note—
As required by section 10AA(2) of the Legislative Instruments 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's Deputy
with the advice and consent of the Executive Council
on 1 December 2022
No 108 of 2022
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