Health Practitioner Regulation (National Uniform Legislation) Act 2010 (NT)

1. The schedule to the Health Practitioner Regulation National Law Act 2009 (Qld) sets out the Health Practitioner Regulation National Law.

For the current version of the National Law, use the following link:

 

 

2. Regulations may be made under section 245 of the National Law and are to be published by the Victorian Government Printer. For the Regulations as made, use the below link – Victorian Law Today – Statutory Rules

NORTHERN TERRITORY OF AUSTRALIA

HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM LEGISLATION) ACT 2010

As in force at 1 December 2018

Table of provisionsTable of provisions         [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters 1 — Short title 2 — Commencement 3 — Interpretation Part 2 — Adoption of Health Practitioner Regulation National Law 4 — Adoption of Health Practitioner Regulation National Law 4A — Private midwifery 5 — Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction 6 — Responsible tribunal for Health Practitioner Regulation National Law (NT) 6A — Application to end, shorten or amend prohibition order 6B — Appellable decision under Health Practitioner Regulation National Law (NT) 7 — Exclusion of legislation of this jurisdiction Part 3 — Miscellaneous matters 8 — Regulations ENDNOTES       northern territory of australia

northern territory of australia

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As in force at 1 December 2018

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HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM LEGISLATION) ACT 2010

An Act to apply as a law of the Territory a national law relating to health practitioner regulation, and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Health Practitioner Regulation (National Uniform Legislation) Act 2010.

2Commencement

This Act commences on 1 July 2010.

3Interpretation

• (1)

  In this Act:

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

  Tribunal means the Civil and Administrative Tribunal.

• (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 (Qld) have the same meanings in this Act as they have in that Law.

Part 2Adoption of Health Practitioner Regulation National Law 4Adoption 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 (Qld):

• (a)

  applies as a law of this jurisdiction; and

• (b)

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

• (c)

  so applies as if it were a part of this Act.

4APrivate midwifery

• (1)

  Despite section 284 of the Health Practitioner Regulation National Law (NT),a midwife in the Territory does not, during the transition period, contravene section 129(1) of that Law merely because the midwife practises private midwifery if:

  • (a)

    the practise occurs in the Territory; and

  • (b)

    the practise would not contravene section 129 of that Law if it occurred in a participating jurisdiction mentioned in section 284(1)(a) of that Law.

• (2)

  Section 284 of the Health Practitioner Regulation National Law (NT) (other than section 284(1)(a)) applies in relation to the practise under subsection (1).

• (3)

  A midwife who intends to practise, or practises, private midwifery must notify the Chief Health Officer, in writing and in accordance with any requirement prescribed by a law of the Territory:

  • (a)

    before practising private midwifery for the first time, of the midwife’s intention to do so; and

  • (b)

    on or before 31 May in every year, if the midwife intends to continue practising private midwifery at any time during the subsequent financial year.

• (4)

  A midwife must give the Chief Health Officer a written report in relation to a private midwifery case, prepared in accordance with any requirement prescribed by a law of the Territory and in any event not later than 60 days after the end of the case.

• (5)

  In this section:

  Chief Health Officer, see section 4 of the Public and Environmental Health Act 2011.

  midwife, see section 284(5) of the Health Practitioner Regulation National Law (NT).

  private midwifery, see section 284(5) of the Health Practitioner Regulation National Law (NT).

  transition period,see section 284(5) of the Health Practitioner Regulation National Law (NT).

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

• (1)

  In the Health Practitioner Regulation National Law (NT):

  court of summary jurisdiction, in relation to the Territory, means the Local Court of the Northern Territory under the Local Court Act 2015.

  criminal history law, in relation to the Territory, means:

  • (a)

    the Criminal Records (Spent Convictions) Act 1992; or

  • (b)

    the Anti-Discrimination Act 1992.

  health complaints entity, in relation to the Territory, means the Health and Community Services Complaints Commission established by the Health and Community Services Complaints Act 1998.

  magistrate, in relation to the Territory, means a Local Court Judge.

  this jurisdiction means the Territory.

• (1A)

  In the Health Practitioner Regulation National Law (NT), a reference to any of the following is a reference to the Legislative Assembly:

  • (a)

    the Legislature of this jurisdiction;

  • (b)

    the Parliament of this jurisdiction;

  • (c)

    a House of the Parliament or each House of the Parliament of this jurisdiction.

• (2)

  A reference in the Health Practitioner Regulation National Law (NT) to the State includes a reference to the Territory.

  Example for section 5(2)

  See sections 23(3) and 31(3) of the Health Practitioner Regulation National Law (NT).

6Responsible tribunal for Health Practitioner Regulation National Law (NT)

The Tribunalis declared to be a responsible tribunal for the Health Practitioner Regulation National Law (NT).

6AApplication to end, shorten or amend prohibition order

• (1)

  A person who is subject to a prohibition order made by the Tribunal may apply to the Tribunal for one or more orders under subsection (3)(b).

• (2)

  An application under subsection (1) may not be made:

  • (a)

    earlier than 5 years after the date of the prohibition order; or

  • (b)

    while the terms of an order under subsection (4) provide that an application under this section may not be made in relation to a prohibition order.

• (3)

  The Tribunal may decide to do any of the following:

  • (a)

    dismiss the application;

  • (b)

    make any of the following orders:

    • (i)

      an order ending the prohibition order;

    • (ii)

      an order shortening the period of the prohibition order;

    • (iii)

      an order amending the prohibition order.

• (4)

  In addition, the Tribunal may order that the applicant must not make a further application under this section until after a specified time.

• (5)

  In making a decision under subsection (3) or (4), the Tribunal must consider the following:

  • (a)

    the time elapsed since the prohibition order was made;

  • (b)

    any material change in the circumstances of the applicant since the prohibition order was made;

  • (c)

    any complaint made or notified to a National Board under Part 8 of the Health Practitioner Regulation National Law (NT) about the applicant, whether the complaint was made or notified before or after the prohibition order was made;

  • (d)

    any other matter the Tribunal considers appropriate.

• (6)

  A National Board that was a party to the proceedings which led to the making of the prohibition order is a party to the proceedings arising from an application under this section.

• (7)

  An application under this section is not an application to review the decision of the Tribunal to make the prohibition order, or any findings made in connection with the making of that decision.

• (8)

  Section 131 of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a proceeding under this section.

• (9)

  Section 140 of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a decision of the Tribunal under this section.

• (10)

  In this section:

  prohibition order, see section 5 of the Health Practitioner Regulation National Law (NT).

6BAppellable decision under Health Practitioner Regulation National Law (NT)

• (1)

  A person who appeals against an appellable decision under section 199 of the Health Practitioner Regulation National Law (NT) must commence the appeal by making an application to the Tribunal.

• (2)

  In this section:

  appellable decision means an appellable decision as defined in section 199(1) of the Health Practitioner Regulation National Law (NT).

7Exclusion of legislation of this jurisdiction

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

• (a)

  section 9 and Parts 3 to 8 of the Information Act 2002;

• (b)

  the Interpretation Act 1978;

• (c)

  the Ombudsman Act 2009;

• (d)

  the Public Sector Employment and Management Act 1993.

Part 3Miscellaneous matters 8Regulations

The Administrator may make regulations under this Act.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Health Practitioner Regulation (National Uniform Legislation) Act 2010 (Act No. 2, 2010)
Assent date	17 March 2010
Commenced	1 July 2010 (s 2)
Health Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17, 2012)
Assent date	22 May 2012
Commenced	1 July 2012 (s 2)
Health Practitioner Regulation (National Uniform Legislation) Act 2014 (Act No. 10, 2014)
Assent date	16 April 2014
Commenced	16 April 2014
Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 (Act No. 35, 2014)
Assent date	13 November 2014
Commenced	pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015, p 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date	6 April 2016
Commenced	1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016)
Health Practitioner Regulation (National Uniform Legislation) and Other Legislation Amendment Act 2018 (Act No. 28, 2018)
Assent date	30 November 2018
Commenced	1 December 2018 (s 2)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4A, 5, 6A and 7.

• 4

  LIST OF AMENDMENTS

s 3                     amd No. 28, 2018, s 4

s 4A                   ins No. 10, 2014, s 3

s 5                     amd No. 8, 2016, s 45; No. 28, 2018, s 5

s 6                     amd No. 17, 2012, s 51; No. 35, 2014, s 47

sub No. 28, 2018, s 6

ss 6A – 6B         ins No. 28, 2018, s 6

pt 4 hdg             exp No. 2, 2010, s 12

ss 9 – 12            exp No. 2, 2010, s 12