Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2024 (SA)

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South Australia

Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2024

under the Health Practitioner Regulation National Law (South Australia) Act 2010

 

Preamble

1Section 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 Regulation 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.

2The 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 to the Health Practitioner Regulation National Law (South Australia) text set out in Part 2 of these regulations give effect to those Queensland amendments.

  Part 1Preliminary1Short title

These regulations may be cited as the Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2024.

2Commencement

These regulations come into operation on 1 July 2024.

3Amendment 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) text is amended as specified in Part 2 of these regulations.

Part 2Amendment of Health Practitioner Regulation National Law (South Australia)4Amendment of section 5 – Definitions
  1. (1)

    Section 5—after the definition of impairment insert:

    interim prohibition order, for Division 7A of Part 8, see section 159B.

  2. (2)

    Section 5, definition of Ministerial Council—delete the definition and substitute:

    Ministerial Council means a body, however described, that consists of the Minister of each participating jurisdiction, and the Commonwealth, who is responsible, or principally responsible, for matters relating to health.

  3. (3)

    Section 5—after the definition of student register insert:

    suspension period, in relation to a person's registration in a health profession, for Subdivision 2 of Division 9 of Part 7, see section 112A.

5Amendment of section 12 – Approval of registration standards

Section 12—after subsection (3) insert:

  1. (4)

    The Ministerial Council may delegate any of the Council's powers under subsection (1) to an entity it considers appropriate to exercise the power.

6Amendment of section 56 – Period of general registration

Section 56(2)(a)—delete paragraph (a) and substitute:

  1. (a)

    starts—

    1. (i)

      if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

    2. (ii)

      otherwise—when the Board makes the decision; and

7Amendment of section 61 – Period of specialist registration

Section 61(2)(a)—delete paragraph (a) and substitute:

  1. (a)

    starts—

    1. (i)

      if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

    2. (ii)

      otherwise—when the Board makes the decision; and

8Amendment of section 64 – Period of provisional registration

Section 64(2)(a)—delete paragraph (a) and substitute:

  1. (a)

    starts—

    1. (i)

      if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

    2. (ii)

      otherwise—when the Board makes the decision; and

9Amendment of section 72 – Period of limited registration

Section 72(2)(a)—delete paragraph (a) and substitute:

  1. (a)

    starts—

    1. (i)

      if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

    2. (ii)

      otherwise—when the Board makes the decision; and

10Amendment of section 76 – Period of non-practising registration

Section 76(2)(a)—delete paragraph (a) and substitute:

  1. (a)

    starts—

    1. (i)

      if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

    2. (ii)

      otherwise—when the Board makes the decision; and

11Insertion of heading to Part 7 Division 9 Subdivision 1

Before section 107 insert:

Subdivision 1—Renewal of registration of registered health practitioner

12Amendment of section 112 – Decision about application for renewal

Section 112(6)—delete "this Division" and substitute:

this Subdivision

13Insertion of Part 7 Division 9 Subdivision 2

After section 112 insert:

Subdivision 2—Renewal of registration after suspension period

112A—Application of Subdivision

  1. (1)

    This Subdivision applies if, during a period (the suspension period) in which a person's registration in a health profession is suspended under this Law, the person's registration would have ended if the person were not suspended.

  2. (2)

    Section 108(2) does not apply to a registration to which this Subdivision applies.

112B—Application for renewal of registration

  1. (1)

    The person's registration as a registered health practitioner is reinstated on the day the suspension period ends.

  2. (2)

    If the registered health practitioner intends to renew the practitioner's registration in the profession, the practitioner must apply to the National Board established for the practitioner's health profession within one month after the suspension period ends.

  3. (3)

    If the practitioner's registration has been endorsed by the National Board, the application for renewal of the practitioner's registration is taken to also be an application for a renewal of the endorsement.

  4. (4)

    The application for renewal of registration must be—

    1. (a)

      in the form approved by the National Board; and

    2. (b)

      accompanied by the relevant fee; and

    3. (c)

      accompanied by the annual statement required under section 109, as applied by section 112D; and

    4. (d)

      accompanied by any other information reasonably required by the Board.

112C—End of registration

  1. (1)

    If a registered health practitioner applies to renew the practitioner's registration under section 112B, the applicant's registration, including any endorsement of the registration, continues in force from the day the suspension period ends until—

    1. (a)

      if the National Board decides to renew the applicant's registration—the day a new certificate of registration is issued to the applicant; or

    2. (b)

      if the National Board decides to refuse to renew the applicant's registration—the day the applicant is given notice of the decision.

  2. (2)

    If a registered health practitioner does not apply to renew the practitioner's registration under section 112B, the practitioner's registration, including any endorsement of the registration, continues in force from the day the suspension period ends until the end of the day that is one month after the day on which the suspension period ends.

112D—Sections 109 to 112 apply to application for renewal under this Subdivision

  1. (1)

    Sections 109 to 112 apply to an application for renewal of registration made under this Subdivision as if the application had been made under section 107 for renewal of registration under Subdivision 1.

  2. (2)

    For the purposes of subsection (1)—

    1. (a)

      section 109 applies as if a reference in that section to the applicant's preceding period of registration were a reference to both the applicant's period of registration preceding the suspension period and the suspension period; and

    2. (b)

      section 112(2)(c) applies as if a reference in that paragraph to the applicant's previous period of registration were a reference to both the applicant's period of registration preceding the suspension period and the suspension period; and

    3. (c)

      section 112(3)(a) applies as if a reference in that paragraph to immediately before the renewal were a reference to immediately before the start of the suspension period; and

    4. (d)

      section 112(6) applies as if a reference in that subsection to this Subdivision were a reference to Subdivision 2.

14Amendment of section 124 – Issue of certificate of registration

Section 124(3)—after paragraph (a) insert:

  1. (aa)

    any alternative name for the practitioner that has been notified to the National Board under section 131A, unless—

    1. (i)

      the alternative name is a prohibited name; and

    2. (ii)

      the National Board has decided under section 131A(2)(b) to refuse to include the name on the registered health practitioner's certificate of registration;

15Amendment of section 131 – Change in principal place of practice, address or name

Section 131(1)(c)—delete paragraph (c) and substitute:

  1. (c)

    a change in—

    1. (i)

      the practitioner's name; or

    2. (ii)

      an alternative name for the practitioner notified to the Board under section 131A.

16Insertion of sections 131A and 131B
  1. (1)

    After section 131 insert:

    131A—Nomination of an alternative name

    1. (1)

      A registered health practitioner registered in a health profession, or an applicant for registration in a health profession, may, by written notice given to the National Board for the health profession, nominate an alternative name.

    2. (2)

      If the alternative name nominated by a registered health practitioner is a prohibited name, the National Board may decide to—

      1. (a)

        refuse to record the name in a National Register or Specialists Register; and

      2. (b)

        refuse to include the name on the registered health practitioner's certificate of registration.

    3. (3)

      If the National Board makes a decision under subsection (2), it must give written notice of the decision, including the reasons for the decision, to the registered health practitioner.

    4. (4)

      In this section—

    prohibited name means a name that—

    1. (a)

      is obscene or offensive; or

    2. (b)

      could not practicably be established by repute or usage—

      1. (i)

        because it is too long; or

      2. (ii)

        because it consists of or includes symbols without phonetic significance; or

      3. (iii)

        because it is or includes a statement or phrase; or

      4. (iv)

        for another reason; or

    3. (c)

      includes or resembles—

      1. (i)

        an official title or rank; or

      2. (ii)

        a protected title specified in the Table to section 113; or

      3. (iii)

        a specialist title; or

      4. (iv)

        the title "dental specialist"; or

      5. (v)

        the title "medical specialist"; or

    4. (d)

      is contrary to the public interest for another reason.

    131B—Use of names

    1. (1)

      A registered health practitioner must not use a name in connection with the practitioner's provision of a health service, including advertising the provision of a health service, other than—

      1. (a)

        either or both of the following names recorded in a National Register or Specialists Register under section 225—

        1. (i)

          the practitioner's name;

        2. (ii)

          an alternative name for the practitioner notified to the Board under section 131A; or

      2. (b)

        a business name.

    2. (2)

      A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

17Insertion of Part 8 Division 7A

Part 8—after Division 7 insert:

Division 7A—Interim prohibition orders

159B—Definitions

In this Division—

interim prohibition order, in relation to an individual named in the order, means an order in relation to any or all of the following—

  1. (a)

    prohibiting the individual from doing either or both of the following—

    1. (i)

      providing a specified health service or all health services;

    2. (ii)

      taking or using a specified title or any title protected under Subdivision 1 of Division 10 of Part 7;

  2. (b)

    imposing restrictions on the provision of a specified health service or all health services by the individual.

relevant provision means any of the following provisions—

  1. (a)

    section 113;

  2. (b)

    sections 115 to 119;

  3. (c)

    sections 121 to 123;

  4. (d)

    section 133;

  5. (e)

    section 136.

159C—Issuing of interim prohibition order

  1. (1)

    A regulatory body may issue an interim prohibition order to an unregistered person if—

    1. (a)

      the person—

      1. (i)

        has, in the regulatory body's reasonable belief, contravened a relevant provision; or

      2. (ii)

        is the subject of an assessment, investigation or other proceedings under this Part; and

    2. (b)

      the regulatory body reasonably believes that—

      1. (i)

        the person poses a serious risk to persons; and

      2. (ii)

        it is necessary that the person be subject to an interim prohibition order to protect public health or safety.

  2. (2)

    Subsection (1)(a) extends to an unregistered person who—

    1. (a)

      contravened a relevant provision while the person was a registered health practitioner; or

    2. (b)

      is the subject of an assessment, investigation or other proceedings under this Part in relation to the person's conduct while the person was a registered health practitioner.

159D—Show cause process for interim prohibition orders

  1. (1)

    If a regulatory body proposes to issue an interim prohibition order to an unregistered person, the body must give the person notice of the proposed order.

  2. (2)

    Notice under subsection (1)—

    1. (a)

      may be given in writing or verbally; and

    2. (b)

      must invite the unregistered person to make written or verbal submissions to the regulatory body, within the stated time, about the proposed interim prohibition order.

  3. (3)

    After considering any submission made by the unregistered person in accordance with the notice, the regulatory body must—

    1. (a)

      decide whether or not to issue the interim prohibition order; and

    2. (b)

      immediately after making the decision, give the unregistered person written notice of the body's decision.

  4. (4)

    The notice of the regulatory body's decision must include the following—

    1. (a)

      the decision made by the body;

    2. (b)

      the reasons for the body's decision;

    3. (c)

      if the decision is to issue the interim prohibition order—

      1. (i)

        that the unregistered person may appeal against the decision; and

      2. (ii)

        how an application for an appeal may be made; and

      3. (iii)

        the period within which the application must be made.

159E—Decision to take urgent action to issue interim prohibition order

  1. (1)

    This section applies if a regulatory body—

    1. (a)

      proposes to issue an interim prohibition order to an unregistered person under section 159C; and

    2. (b)

      reasonably believes it is necessary to take urgent action to issue the interim prohibition order to protect public health or safety.

  2. (2)

    Despite section 159D, the regulatory body may issue the unregistered person with an interim prohibition order without complying with the requirements of that section.

  3. (3)

    The interim prohibition order must be accompanied by a notice inviting the unregistered person to make a written or verbal submission to the regulatory body, within the time stated in the notice, about the interim prohibition order.

  4. (4)

    The time stated in the notice for the making of the submission must not be less than 7 days after the notice is given to the unregistered person.

  5. (5)

    The regulatory body must consider any submissions made by the unregistered person within a reasonable time.

  6. (6)

    After considering any submission made by the unregistered person in accordance with the notice, the regulatory body must—

    1. (a)

      decide to confirm the issue of the interim prohibition order or revoke it; and

    2. (b)

      give the unregistered person written notice of the body's decision.

  7. (7)

    The notice of the regulatory body's decision must include the following—

    1. (a)

      the decision made by the body;

    2. (b)

      the reasons for the body's decision;

    3. (c)

      if the decision is to confirm the issue of the interim prohibition order—

      1. (i)

        that the unregistered person may appeal against the decision; and

      2. (ii)

        how an application for an appeal may be made; and

      3. (iii)

        the period within which the application must be made.

159F—Duration of interim prohibition order

  1. (1)

    An interim prohibition order starts on the later of the following days—

    1. (a)

      the day the order is issued to the unregistered person the subject of the order;

    2. (b)

      the day, if any, stated in the order.

  2. (2)

    Subject to section 159J(3), an interim prohibition order ends on—

    1. (a)

      unless the order is revoked or extended by a regulatory body—

      1. (i)

        the day that is 60 days after the day on which the order starts; or

      2. (ii)

        the day stated in the order, which cannot be more than 60 days after the day on which the order starts; or

    2. (b)

      the day the order is revoked under section 159G; or

    3. (c)

      if the order is extended by a regulatory body under section 159H—the day decided by the regulatory body.

159G—Revocation or variation of interim prohibition order

  1. (1)

    A regulatory body must, as soon as practicable, revoke an interim prohibition order issued by the regulatory body to an unregistered person if the regulatory body is satisfied the grounds on which the order was issued—

    1. (a)

      no longer exist in relation to the person; or

    2. (b)

      did not exist at the time the interim prohibition order was issued to the person.

  2. (2)

    Despite subsection (1), a regulatory body may vary the grounds on which an interim prohibition order was issued to an unregistered person (a varied interim prohibition order) if the regulatory body—

    1. (a)

      is satisfied a different or additional ground specified in section 159C(1)(a) exists in relation to the person; and

    2. (b)

      continues to reasonably believe the ground specified in section 159C(1)(b) exists in relation to the person.

  3. (3)

    Section 159E(3) to (7) applies to the varied interim prohibition order, with any necessary modifications, as if it were the issue of an interim prohibition order.

  4. (4)

    Despite subsections (1) and (2), an interim prohibition order that has been extended or substituted by a responsible tribunal may only be revoked or varied by the tribunal.

    Note—

    See sections 159L and 159M.

159H—Extension of interim prohibition order by regulatory body

  1. (1)

    A regulatory body may extend an interim prohibition order, by a period of not more than 60 days, if the body reasonably believes it is necessary in the circumstances.

  2. (2)

    Sections 159C to 159E apply to the proposed extension of an interim prohibition order, with any necessary modifications, as if it were the proposed issue of an interim prohibition order.

  3. (3)

    A regulatory body may extend an interim prohibition order under this section only once.

159I—Regulatory body may give information to notifier about interim prohibition order

  1. (1)

    This section applies if either of the following results in the issue of an interim prohibition order to an unregistered person—

    1. (a)

      a notification about an unregistered person who was, but is no longer, a registered health practitioner;

    2. (b)

      a complaint about an unregistered person.

  2. (2)

    After issuing or extending the interim prohibition order, the regulatory body may inform the following persons of the decision to issue or extend the order and the reasons for the decision—

    1. (a)

      the notifier who made the notification;

    2. (b)

      the person who made the complaint.

159J—Application for extension of interim prohibition order by regulatory body

  1. (1)

    This section applies if a regulatory body reasonably believes either of the following grounds still exist and will continue to exist beyond the day on which the interim prohibition order will expire—

    1. (a)

      the grounds on which the order was issued;

    2. (b)

      the grounds on which the order was varied.

  2. (2)

    The regulatory body may, before the interim prohibition order expires, apply to a responsible tribunal to extend the order.

  3. (3)

    If the regulatory body applies to a responsible tribunal for an extension of the interim prohibition order, the order continues until—

    1. (a)

      if the tribunal confirms the order—the day the order would have ended under section 159F; or

    2. (b)

      if the tribunal extends the order—the day the tribunal decides the order will end; or

    3. (c)

      if the tribunal substitutes another interim prohibition order for the order issued by the regulatory body—the day the substituted order starts; or

    4. (d)

      if the order is set aside—the day the order is set aside.

159K—Decision about extension of interim prohibition order

  1. (1)

    After hearing an application under section 159J about an interim prohibition order, the responsible tribunal may decide—

    1. (a)

      an interim prohibition order is necessary; or

    2. (b)

      an interim prohibition order is not necessary.

  2. (2)

    Without limiting subsection (1), in deciding whether an interim prohibition order is necessary, the responsible tribunal must have regard to—

    1. (a)

      the nature and extent of the risk the unregistered person, because of the person's health, conduct or performance, poses to—

      1. (i)

        persons; or

      2. (ii)

        public health or safety; and

    2. (b)

      whether the regulatory body has acted, and is continuing to act, as quickly as practicable in the circumstances to deal with the matter that forms the grounds for issuing the interim prohibition order.

  3. (3)

    If the responsible tribunal decides an interim prohibition order is necessary, it may—

    1. (a)

      confirm the interim prohibition order issued by the regulatory body; or

    1. (b)

      extend the interim prohibition order issued by the regulatory body, with or without amendment, for the period the tribunal considers appropriate in the circumstances; or

    2. (c)

      substitute another interim prohibition order for the order issued by the regulatory body.

  2. (4)

    If the responsible tribunal substitutes another interim prohibition order for the order issued by the regulatory body, the substituted order continues for the period the tribunal considers appropriate in the circumstances.

  3. (5)

    If the responsible tribunal decides an interim prohibition order is not necessary, the interim prohibition order is set aside.

159L—Revocation of extended or substituted interim prohibition order by responsible tribunal

  1. (1)

    This section applies if—

    1. (a)

      a responsible tribunal has extended or substituted an interim prohibition order under section 159K(3) (an extended or substituted interim prohibition order); and

    2. (b)

      a regulatory body is satisfied the grounds on which the interim prohibition order was issued—

      1. (i)

        no longer exist in relation to the person; or

      2. (ii)

        did not exist at the time the interim prohibition order was issued.

  2. (2)

    A regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to revoke the order.

  3. (3)

    If the regulatory body applies to the responsible tribunal for the revocation of the extended or substituted interim prohibition order, the order continues until—

    1. (a)

      if the responsible tribunal decides the order is necessary—the day on which the order ends; or

    2. (b)

      the day the order is revoked under subsection (5).

  4. (4)

    After hearing a matter about an extended or substituted interim prohibition order, the responsible tribunal may decide—

    1. (a)

      an interim prohibition order is necessary; or

    2. (b)

      an interim prohibition order is not necessary.

  5. (5)

    If the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.

159M—Variation of interim prohibition order by responsible tribunal

  1. (1)

    This section applies if—

    1. (a)

      a responsible tribunal has extended or substituted an interim prohibition order under section 159K(3) (an extended or substituted interim prohibition order); and

    2. (b)

      a regulatory body—

      1. (i)

        is satisfied a different or additional ground specified insection 159C(1)(a) exists in relation to the person; and

      2. (ii)

        continues to reasonably believe the ground specified in section 159C(1)(b) exists in relation to the person.

  2. (2)

    A regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to vary the order.

  3. (3)

    After hearing an application under subsection (2), the responsible tribunal may decide—

    1. (a)

      not to vary the extended or substituted interim prohibition order if the tribunal is not satisfied a different or additional ground specified in section 159C(1)(a) exists in relation to the person; or

    2. (b)

      to vary the extended or substituted interim prohibition order if the tribunal is satisfied—

      1. (i)

        a different or additional ground specified in section 159C(1)(a) exists in relation to the person; and

      2. (ii)

        the ground specified in section 159C(1)(b) continues to exist in relation to the person; or

    3. (c)

      an interim prohibition order is not necessary.

  4. (4)

    If the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.

159N—Publication of information about interim prohibition orders

  1. (1)

    The National Agency must publish the following information about a person subject to an interim prohibition order on its website—

    1. (a)

      the person's name;

    2. (b)

      the day the order starts;

    3. (c)

      the action prohibited or restrictions imposed by the order.

  2. (2)

    If the name of the person subject to an interim prohibition order is included in a National Register or Specialists Register, the requirement in subsection (1) is satisfied if the information specified in that subsection is included in the register.

  3. (3)

    The requirement to publish the information does not apply if—

    1. (a)

      the regulatory body that issued the order—

      1. (i)

        issued the order without complying with the requirements of section 159D; and

      2. (ii)

        reasonably believes there is no overriding public interest in the publication of the information; or

    2. (b)

      the person subject to the order asks the regulatory body that issued the order not to publish the information and the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of—

      1. (i)

        the person; or

      2. (ii)

        a member of the person's family or an associate of the person.

  4. (4)

    If a regulatory body decides to confirm the issue of the interim prohibition order after considering any submission made by the unregistered person under section 159E(5), the regulatory body must publish the information specified in subsection (1).

  5. (5)

    Despite subsection (4), a regulatory body may decide not to publish the information specified in subsection (1) if—

    1. (a)

      the person subject to the order asks the regulatory body not to publish the information; and

    2. (b)

      the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of—

      1. (i)

        the person; or

      2. (ii)

        a member of the person's family or an associate of the person.

  6. (6)

    If an interim prohibition order is revoked or set aside—

    1. (a)

      a regulatory body must remove the information specified in subsection (1) from its website; and

    2. (b)

      for information included in a National Register or Specialists Register—the National Board must remove the information specified in subsection (1) from the register.

  7. (7)

    In this section—

associate, of a person, includes a friend, neighbour or colleague of the person.

family, of a person, includes—

  1. (a)

    other persons related to the person by blood, marriage or adoption, for example, the person's spouse, children and parents; and

  2. (b)

    other persons in a de facto relationship with the person; and

  3. (c)

    other persons connected to the person through Aboriginal and Torres Strait Islander kinship ties.

159O—Offences relating to interim prohibition orders

  1. (1)

    A person must not contravene an interim prohibition order.

Maximum penalty: $60 000 or 3 years imprisonment or both.

  1. (2)

    A person who is subject to an interim prohibition order (the prohibited person) must, before providing a health service, give written notice of the order to the following persons—

    1. (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;

    2. (b)

      if the health service is to be provided by the prohibited person as an employee—the person's employer;

    3. (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;

    4. (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.

  1. (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 an interim prohibition order.

Maximum penalty:

  1. (a)

    in the case of an individual—$5 000; or

  2. (b)

    in the case of a body corporate—$10 000.

18Amendment of section 174 – Inspection of documents

Section 174(2)—delete "and place" and substitute:

and in the reasonable way

19Amendment of section 199 – Appellable decisions

Section 199(1)—after paragraph (h) insert:

  1. (ha)

    a decision by a regulatory body to issue or extend an interim prohibition order under Division 7A;

20Amendment of section 222 – Public national registers

Section 222(4)—after paragraph (b) insert:

and

  1. (c)

    the names of all persons who were previously registered health practitioners (other than persons who were previously specialist health practitioners) who are subject to an interim prohibition order.

21Amendment of section 223 – Specialist Registers

Section 223(b)—after subparagraph (ii) insert:

and

  1. (iii)

    persons who were previously specialist health practitioners who are subject to an interim prohibition order.

22Amendment of section 225 – Information to be recorded in National Register
  1. (1)

    Section 225, heading—after "National Register" insert:

    or Specialists Register

  2. (2)

    Section 225—after paragraph (a) insert:

    1. (aa)

      any alternative name for the practitioner that has been notified to the National Board under section 131A, unless—

      1. (i)

        the alternative name is a prohibited name; and

      2. (ii)

        the National Board has decided under section 131A(2)(a) to refuse to record the name in a National Register or Specialists Register;

23Amendment of section 226 – National Board may decide not to include or to remove certain information in register
  1. (1)

    Section 226(2)(b)—delete paragraph (b) and substitute:

    1. (b)

      the Board reasonably believes the inclusion of the information in the register would present a serious risk to the health or safety of—

      1. (i)

        the practitioner; or

      2. (ii)

        a member of the practitioner's family or an associate of the practitioner.

  2. (2)

    Section 226—after subsection (2) insert:

    1. (2A)

      A National Board may decide to record information, which it previously excluded under subsection (2), in a National Register or Specialists Register if the Board reasonably believes the circumstances on which the previous exclusion was based have changed.

  3. (3)

    Section 226—after subsection (3) insert:

    1. (4)

      In this section—

    associate, of a registered health practitioner, includes a friend, neighbour or colleague of the practitioner.

    family, of a registered health practitioner, includes—

    1. (a)

      persons related to the practitioner by blood, marriage or adoption, for example, the practitioner's spouse, children and parents; and

    2. (b)

      persons in a de facto relationship with the practitioner; and

    3. (c)

      persons connected to the practitioner through Aboriginal and Torres Strait Islander kinship ties.

24Amendment of section 241A – Proceedings for indictable offences
  1. (1)

    Section 241A(1)—delete "Part 7 Division 10 or section 196A(1) is an indictable offence." and substitute:

    any of the following provisions is an indictable offence—

    1. (a)

      Division 10 of Part 7;

    2. (b)

      section 159O(1);

    3. (c)

      section 196A(1).

  2. (2)

    Section 241A(2)—delete "Part 7 Division 10" and substitute:

    Division 10 of Part 7, section 159O(1)

25Amendment of Schedule 5 – Investigators

Schedule 5, clause 3(2)—delete "and place" and substitute:

and in the reasonable way

26Amendment of Schedule 6 – Inspectors

Schedule 6, clause 3(2)—delete "and place" and substitute:

and in the reasonable way

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

with the advice and consent of the Executive Council

on 27 June 2024

No 58 of 2024

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