Health Practitioner Regulation National Law (Victoria) Act 2009 (Vic)

Version No. 006

Health Practitioner Regulation National Law (Victoria) Act 2009

No. 79 of 2009

Version incorporating amendments as at

31 May 2019

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

Part 2—Adoption of Health Practitioner Regulation National Law

4Application of Health Practitioner Regulation National Law

5Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction

6Responsible tribunal for Health Practitioner Regulation National Law

6ATime for appeal against appellable decision

7Exclusion of legislation of this jurisdiction

9Transitional provision—Health Practitioner Regulation National Law (Victoria) Amendment Act 2011

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 006

Health Practitioner Regulation National Law (Victoria) Act 2009

No. 79 of 2009

Version incorporating amendments as at

31 May 2019

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is to provide for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners.

2Commencement

This Act comes into operation on 1 July 2010.

3Definitions

(1)In this Act—

Health Practitioner Regulation National Law (Victoria) means the provisions applying in this jurisdiction because of section 4.

(2)Terms used in this Act and also in the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland have the same meanings in this Act as they have in that Law.

Part 2—Adoption of Health Practitioner Regulation National Law

4Application of Health Practitioner Regulation National Law

The Health Practitioner Regulation National Law, as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland—

(a)applies as a law of Victoria; and

(b)as so applying may be referred to as the Health Practitioner Regulation National Law (Victoria); and

(c)so applies as if it were part of this Act.

5Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction

In the Health Practitioner Regulation National Law (Victoria)—

magistrate means a magistrate within the meaning of the Magistrates' Court Act 1989;

magistrates' court means the Magistrates' Court of Victoria.

this jurisdiction means Victoria.

6Responsible tribunal for Health Practitioner Regulation National Law

VCAT is declared to be the responsible tribunal for this jurisdiction for the purposes of the Health Practitioner Regulation National Law (Victoria).

Note

See the definition of responsible tribunal in section 5 of the Health Practitioner Regulation National Law.

6ATime for appeal against appellable decision

(1)A person who is the subject of an appellable decision under section 199 of the Health Practitioner Regulation National Law (Victoria) may appeal against that decision by lodging an application for review of that decision by VCAT.

(2)An application under subsection (1) must be lodged no more than 28 days after the person has been given notice of the appellable decision.

7Exclusion of legislation of this jurisdiction

The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Victoria) or to the instruments made under that Law—

(a)the Audit Act 1994;

(b)the Financial Management Act 1994;

(c)the Freedom of Information Act 1982;

(d)the Health Records Act 2001;

*                *                *                *                *

(f)the Interpretation of Legislation Act 1984;

(g)the Ombudsman Act 1973;

(ga)the Privacy and Data Protection Act 2014;

(h)the Public Administration Act 2004;

*                *                *                *                *

(j)the Subordinate Legislation Act 1994.

*                *                *                *                *

9Transitional provision—Health Practitioner Regulation National Law (Victoria) Amendment Act 2011

(1)Section 6A applies to an application lodged on or after 1 July 2012.

(2)If an appellable decision is made before 1 July 2012, an application for review of that appellable decision must be lodged with VCAT no more than 28 days after 1 July 2012.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 15 October 2009

Legislative Council: 12 November 2009

The long title for the Bill for this Act was "A Bill for an Act to provide for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners and for other purposes."

The Health Practitioner Regulation National Law (Victoria) Act 2009 was assented to on 8 December 2009 and came into operation on 1 July 2010: section 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•    Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•    Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•    Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Health Practitioner Regulation National Law (Victoria) Act 2009 by Acts and subordinate instruments.

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Health Practitioner Regulation National Law (Victoria) Act 2009, No. 79/2009

Assent Date:	8.12.09
Commencement Date:	S. 8(5) on 1.7.14: s. 8(5)
Current State:	This information relates only to the provision/s amending the Health Practitioner Regulation National Law (Victoria) Act 2009

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	Ss 32, 33 on 31.3.10: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Health Practitioner Regulation National Law (Victoria) Act 2009

Health Practitioner Regulation National Law (Victoria) Amendment Act 2011, No. 45/2011

Assent Date:	22.9.11
Commencement Date:	Ss 3, 4 on 1.7.12: s. 2
Current State:	All of Act in operation

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 24) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Health Practitioner Regulation National Law (Victoria) Act 2009

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

Health Practitioner Regulation National Law Act 2009 of Queensland

As passed by Parliament can be found at:

with point-in-time versions that have been created each time the legislation changes.