Health Professionals Regulation 2004 (ACT)

Case

Health Professionals Regulation 2004 (repealed)   

SL2004-41

made under the

Health Professionals Act 2004

Republication No 29

Effective:  2 December 2015

Republication date: 2 December 2015

As repealed by A2015‑29 s 140 (1)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Health Professionals Regulation 2004 (repealed), made under the Health Professionals Act 2004, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 December 2015. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication includes amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

    Health Professionals Regulation 2004 (repealed)

    made under the

    Health Professionals Act 2004

    Contents

    Page

    Chapter 1  Preliminary

    1            Name of regulation  2

    3            Dictionary  2

    3AOffences against regulation—application of Criminal Code etc 2

    Chapter 2  Health profession boards

    Part 2.1    Establishment of health profession boards

    4            Establishment of health profession boards  3

    Part 2.2    Health profession board members

    5            Board president  4

    6            Board deputy president  5

    7           Eligibility to remain in office—board president  5

    8            Eligibility to remain in office—board deputy president  5

    9            Board members—election or appointment  6

    10          Appointment of board members  6

    11          Consultation about appointment to board  7

    12          Community representatives  8

    13          Eligibility to remain in office—board members  8

    14          Proposal to remove board member  8

    15          Decision on application to remove board member  9

    16          Leave of board members  10

    17          Payment of board members  10

    18          Payment of assistants  10

    19          Extraordinary expenses etc of health profession boards  11

    20          Employment of staff  11

    21          Functions of executive officer  11

    22          Delegation by board  12

    Part 2.3    Elections

    Division 2.3.1              General

    23          Definitions for pt 2.3  13

    24          Dates for elections  15

    26          List of health professionals  16

    27          Registered health professionals to be notified of dates  17

    28          Eligibility for nominations etc  17

    29          Nominations  18

    30          Hour of nomination  19

    31          Withdrawal of nomination  19

    32Application of Electoral Act, s 110 19

    33          Declaration of candidates  20

    34          If no more candidates than positions  20

    35          If no candidates  21

    36          If more candidates than positions  21

    37          Eligibility to vote  21

    38          Number of votes  21

    39          Positions on ballot paper  21

    40          Distribution of ballot papers  22

    41          Manner of voting  22

    42          Replacement of ballot papers  22

    43          After voting  23

    44          Scrutiny  24

    45          Appointment of scrutineers  24

    46          Conduct of scrutineers  24

    47          Candidates not to participate in conduct of election  25

    48          Declaration etc of results  25

    49          Term of elected board members  25

    50          Destruction of election material  25

    51          Scrutiny centres  26

    52          Approved forms for elections  26

    Division 2.3.2              Application of ch 2 to first elections and suspended boards

    52A           Application of ch 2 to first election for professions previously unregulated under the Act         26

    52C           Application of ch 2 to elections if board suspended  27

    Division 2.3.3              Casual and temporary vacancies in elected positions

    53          Definitions for div 2.3.3  28

    54          Notice of long casual vacancy  28

    55          Publication of notice about casual vacancy  29

    56          Candidates for casual vacancy  30

    57          Publication of candidates’ details  30

    58          Determination of candidate to fill vacancy  31

    59          Board nominees  31

    60          Term of board member declared elected under div 2.3.3  32

    61          Temporary vacancies  33

    Division 2.3.4              Disputed elections

    62          Definitions for div 2.3.4  34

    63          Court of Disputed Health Elections  35

    64          Powers of the court  35

    65          Court’s decisions are final  35

    66          Validity may be disputed after election  35

    67          People entitled to dispute elections  36

    68          Form of disputed election application  36

    69          Time for filing disputed election application  37

    70          Registrar to serve copies of disputed election application                   37

    71          Parties to disputed election application  37

    72          Withdrawal of disputed election application  38

    73          Hearing and decision on leave application  38

    74          Person ceasing to be respondent to disputed election application         39

    75          End of disputed election application  40

    76          Hearing disputed election applications  40

    77          Declarations and orders of court  41

    78          Illegal election practices  41

    79          Bribery or undue influence by person elected  42

    80          Immaterial delays and errors in relation to elections  43

    81          Inquiries by court  43

    82          Rejected ballot papers  43

    83          Evidence that people were not allowed to vote  44

    84          Inspection of electoral papers  44

    85          Commissioner not prevented from accessing documents                   44

    86          Registrar to serve copies of court declarations on certain people          45

    87          Effect of court declarations  45

    88          Court procedure  45

    89          Legal representation limited in court proceeding  46

    90          Costs may be ordered against Territory  46

    Division 2.3.5              Electoral offences

    91          Multiple votes prohibited  46

    92          Interference with voting  46

    93          Giving completed ballot papers to commissioner  47

    94          Opening envelopes containing ballot papers  47

    95          Influencing of votes by officers  48

    96          Violence and intimidation  48

    97          Voting fraud  48

    Part 2.4    Health profession board meetings

    98          When are board meetings held?  50

    99          Board meetings usually in public  50

    100         Ministerial referrals to board  50

    101         Presence at board meetings  51

    102         Presiding member at board meetings  51

    103         Board quorum  51

    104         Voting at board meetings  52

    105         Records of board meetings  52

    106         Board meeting procedures  53

    107         Disclosure of interests by board members  53

    Part 2.5    Health profession board functions

    108         Board to seek to form ties  55

    109         Performance of board on standards  55

    110         Performance of board on applications and reports  56

    111         Board’s obligation to send renewal notices  56

    Chapter 3  Registration of health professionals

    Part 3.1    Applications for registration

    112         Application for registration—Act, s 37 (5) (a)  57

    113         Registration of health professionals  60

    114         Suitability to practise requirements  60

    115         General competence to practise  61

    115A          Short-term registration—Act, s 37 (5) (b)  63

    116         Conditional registration  64

    117         When is conditional registration in public interest?  64

    118         Specialist area registration  65

    119         Powers of health profession boards to require information                  66

    120         Length of registration  66

    121         Practising certificate  67

    122         Replacement practising certificates  67

    123         Return of practising certificate  68

    Part 3.2    End of registration and renewal

    124         When does registration end?  70

    125         Failure to meet insurance requirement  70

    126         Renewal notice for registration  70

    127         Late payment of registration  71

    128         Retrospective re-registration  71

    Part 3.3    Maintaining competence and continuing professional development

    129         Obligation to maintain competence and continue professional development 73

    130         Programs for maintenance of competence  73

    131         Standards for maintenance of competence  73

    132         Use of information about continuing competence etc  74

    Chapter 4  Required standard of practice

    Part 4.1    Required standard of practice generally

    133         Purpose of ch 4  76

    134         Standards statements  76

    135         Pattern of practice or particular acts  77

    136         Endangering public  77

    137         Lack of competence to practise etc  78

    Part 4.2    Specific breaches of the required standard of practice

    138         Purpose of pt 4.2 etc  79

    139         Breach of standards statements  79

    140         Telling board about proceedings relating to health professional            79

    141         Infection control and notifiable diseases  80

    142         Substances that affect health professional’s abilities  80

    143         Controlled medicines and prohibited substances for patients               80

    144         Inappropriate behaviour  81

    145         Reporting other health professionals  81

    146         Clinical records  81

    147         Misrepresenting facts in certificates  82

    148         Treatment by assistants  82

    149         Misleading advertising  82

    149A          Practising under allowed name  82

    150         Behaviour that contravenes another law  83

    Chapter 5  The register

    151         Register  84

    152         Contents of register  84

    153         Information in register to be accessible and extractable  85

    154         Executive officer responsible for register  85

    155         Access to register  86

    156         Requests for changes of details in register  86

    157         When board must not charge fees etc for register corrections              87

    Chapter 5AReviewable decisions

    157AA        Reviewable decisions—Act, s 47  88

    157AB        Right of review and notice—Act, s 48 and s 49 (a)  88

    Chapter 6  Miscellaneous

    157A          Inspection of incorporated documents  89

    157B          Notification of certain incorporated documents  89

    157C          Approved forms—health profession boards  91

    Schedule 1 Regulated professions  92

    Schedule 12Veterinary Surgeons  93

    12.1           Definitions—sch 12  93

    12.2           General area of operation of veterinary surgery profession—Act, s 22 (1) (a)    94

    12.3           Qualifications as suitability to practise requirements for veterinary surgeon—Act, s 23 (a)       94

    12.4           Specialist areas and suitability to practise requirements—Act, s 23 (c)     95

    12.5           Maintenance and demonstration of professional development, continued competence and recency of practice for veterinary surgeons—Act, s 23 (d)  95

    12.6           Board membership—Act, s 24  96

    12.7           Required insurance policy—Act, s 37 (1) (d)  97

    12.8           Conditional registration not limited  97

    12.9           Registration end date—regulation, s 120 (b) (i) and s 121 (c)               97

    Schedule 20           Reviewable decisions  98

    Dictionary99

    Endnotes

    1            About the endnotes  103

    2            Abbreviation key  103

    3            Legislation history  104

    4            Amendment history  108

    5            Earlier republications  140

    Health Professionals Regulation 2004 (repealed)

    made under the

    Health Professionals Act 2004

    Chapter 1Preliminary

    1. Name of regulation

      This regulation is the Health Professionals Regulation 2004.

    2. Dictionary

      The dictionary at the end of this regulation is part of this regulation.

      Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

      For example, the signpost definition ‘prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.’ means that the term ‘prohibited substance’ is defined in that section and the definition applies to this regulation.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and 156 (1)).

    3AOffences against regulation—application of Criminal Code etc

    Other legislation applies in relation to offences against this regulation.

    Note 1Criminal Code

    The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

    The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

    Note 2Penalty units

    The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Chapter 2Health profession boards

    Part 2.1Establishment of health profession boards

    1. Establishment of health profession boards

      (1)The health profession board mentioned in schedule 1, column 2 is established to regulate the health profession mentioned in column 3.

      (2)Schedule 1, column 4 identifies the schedule that prescribes anything else required to be prescribed for a particular health profession.

      Example of things required to be prescribed

      the number of members the health profession board for the profession has, including how many members must be appointed and how many elected

      NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

      (3)If a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

    Part 2.2Health profession board members

    Note to pt 2.2

    For first appointments under this part to a board for a health profession that has not previously been regulated, see div 2.3.2.

    1. Board president

      (1)The Minister must appoint a person to be president of a health profession board (the board president).

      Note 1The Minister must consult the board, and may consult other people, before appointing the board president (see s 11).

      Note 2For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

      Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

      (2)However, the Minister may appoint a person under subsection (1) only if the person—

      (a)is a registered member of a health profession for which the health profession board was established; and

      (b)has been registered for a continuous period of at least 3 years immediately before the day of appointment.

      Example for par (a)

      A single health profession board is established for health professions A and B.  The Minister may appoint Smith, who is and has been a member of health profession A for the required time, as president, because Smith is a registered member of a health profession for which the board was established (that is, health profession A).  Similarly, the Minister may appoint Jones, who is and has been a member of health profession B for the required time, as president.

      NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

      (3)An appointment must be for a term of not longer than 4 years.

      NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 (1) (c)).

    2. Board deputy president

      (1)A health profession board must, by majority vote, elect a board member (other than the board president) to be deputy president of the health profession board (the board deputy president).

      NoteBoard members (other than the board president) are appointed under s 10 or elected under pt 2.3 (Elections).

      (2)The board deputy president may exercise a function of the board president at any time when the president cannot for any reason exercise the function.

      (3)The board deputy president is elected for 1 year, but may be re-elected if still eligible to be elected.

      (4)The board deputy president may resign as deputy president by written notice given to the board president or, if there is no president, the health profession board.

    3. Eligibility to remain in office—board president

      If the health professional who is the board president stops being registered by the health profession board, the health professional stops being board president.

    4. Eligibility to remain in office—board deputy president

      If the person who is board deputy president stops being a board member, the person stops being the board deputy president.

    5. Board members—election or appointment

      (1)This section applies to board members other than the board president and any board member who is a community representative.

      (2)At least 1/2 the members to which this section applies must be appointed by the Minister under section 10.

      (3)If the relevant health profession schedule in relation to a health profession requires a member of the board for the relevant health profession to be elected, the member must be elected under part 2.3 (Elections) unless that part requires the person to be appointed under section 10.

      NoteIf an election fails because there are no candidates, the Minister may be required under pt 2.3 to appoint a member who would otherwise be elected (see s 35 (2)).

    6. Appointment of board members

      (1)The Minister may appoint a person to be a member of a health profession board.

      Note 1 The Minister must consult the board, and may consult other people, before appointing board members (see s 11).

      Note 2For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

      Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

      (2)However, the Minister may appoint a person under subsection (1) only if the person—

      (a)is a registered member of a health profession for which the health profession board was established; and

      (b)has been registered for a continuous period of at least 3 years immediately before the day of the appointment.

      Example

      A veterinary surgeon who has been registered for 4 years may be appointed to the ACT Veterinary Surgeons Board.

      NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

      (3)An appointment must be for not longer than 4 years.

      Note 1A board member’s appointment ends if the Minister ends the appointment or the member resigns (see Legislation Act, s 208 and s 210).

      Note 2A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

      (4)The Minister must appoint, from the community representative list, the number of community representatives to be board members that are required by the schedule that relates to the health profession.

      Note There must be at least 1 community representative appointed as a board member (see the Act, s 24 (2) (c)).

      (5)If a position on the health profession board to which someone was appointed under this section becomes free, the Minister must fill the position by appointing someone who satisfies the requirements for the position.

    1. Consultation about appointment to board

      (1)Before appointing someone, other than a community representative, to a health profession board the Minister must consult the board.

      (2)The Minister may also seek advice, and nominations, from an entity the Minister considers suitable to give advice, and make nominations, in relation to the health profession board.

      (3)Also, if the Minister considers it appropriate to do so, the Minister may appoint members to the health profession board at intervals, instead of at the same time.

      Example of why Minister might consider it appropriate to appoint people at intervals

      to avoid the loss of corporate knowledge that might happen if a large number of members were appointed at the same time and, because of that, left the board at the same time

      NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

      (4)Subsection (1) does not apply if the health profession board is suspended.

    2. Community representatives

      The Minister may appoint a person as a community representative to a health profession board only if the person is on the community representative list for the board.

    3. Eligibility to remain in office—board members

      If a registered health professional who is a board member (other than the board president) stops being registered by the health profession board, the health professional stops being a board member.

    4. Proposal to remove board member

      (1)This section applies if a board president believes on reasonable grounds that someone should no longer be a board member.

      (2)The board president must, in writing, tell the person—

      (a)of the president’s belief that the person should no longer be a board member; and

      (b)why the president holds the belief; and

      (c)that the person may, within 2 weeks after the day the person receives the notice, make a written submission to the president about why the person believes the person should continue to be a board member.

      (3)If, after considering any submission made within the 2 weeks, the board president is satisfied that the person should no longer be a board member, the president may apply, in writing, to the Minister for the person’s removal.

      (4)The application must—

      (a)state the reasons why the board president believes the person should no longer be a board member; and

      (b)be accompanied by any submission made by the person to the president within the 2 weeks.

    5. Decision on application to remove board member

      (1)This section applies if a board president applies to the Minister under section 14 (3) for a person’s removal.

      (2)If, after considering the application and any submission accompanying it, the Minister is satisfied that the person should no longer be a board member—

      (a)the Minister may give the board president and the person written notice that the person is no longer a member; and

      (b)if the Minister gives the person notice—the person is no longer a member from the time the person receives the notice.

      (3)If, after considering the application, the Minister is not satisfied that the person should no longer be a board member, the Minister must give written notice to the board president and the person to the effect that the person remains a board member.

    6. Leave of board members

      (1)The Minister may, conditionally or unconditionally, allow a board president to take leave.

      (2)A board president may, conditionally or unconditionally, allow a board member (other than the president) to take leave for not longer than 1 year.

      Note 1The board deputy president is a board member and so can be given leave under s (2) (see s 6 (1) and s 8).

      Note 2The Minister may appoint a person to act in the position of someone on leave (see Legislation Act, s 209).

    7. Payment of board members

      (1)A health profession board may decide, in writing, the allowances to be paid to board members.

      (2)However, if the remuneration tribunal sets a maximum amount of allowances for board members, the health profession board may not pay its members more than that amount.

    8. Payment of assistants

      A health profession board may pay anyone who helps the board.

      Examples of ways people might help the health profession board

      1     by providing expert opinion to the ACAT in relation to a report about a health professional registered by the board

      2     by serving on a panel or committee established by the board

      3     by providing legal advice, or other services, to the board

      NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    9. Extraordinary expenses etc of health profession boards

      (1)A health profession board must, if practicable, seek the Minister’s approval before taking action under the Act that the board considers is likely to incur an extraordinary liability.

      (2)A health profession board may apply to the Minister for financial assistance if the board believes on reasonable grounds that it is likely to incur extraordinary expenses in relation to legal fees or damages because of the administration of the Act.

    10. Employment of staff

      (1)A health profession board must, in writing, appoint an executive officer.

      (2)The executive officer may, but need not, be a member of the health profession board.

      (3)A health profession board may engage the people, or buy the services, that are necessary or desirable to help it to exercise its functions.

      (4)Without limiting subsection (3), the health profession board may engage a person on a fee or contractual basis to provide advice or other assistance.

      NotePerson includes a corporation (see Legislation Act, dict, pt 1).

    11. Functions of executive officer

      (1)The executive officer of a health profession board—

      (a)is responsible for the management of the board’s affairs, subject to any direction given by the board; and

      (b)must advise the board; and

      (c)has any other function given to the executive officer under a territory law.

      (2)The executive officer of a health profession board may delegate a function given to the officer under a territory law to a public servant, including the registrar of the board.

      NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

    12. Delegation by board

      A health profession board may delegate a function to—

      (a)a board member; or

      (b)the board’s executive officer; or

      (c)a committee of the board; or

      (d)anyone else the board considers appropriate.

      NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

    Part 2.3Elections

    Division 2.3.1           General

    Note to div 2.3.1

    For first elections under this part or elections if a health profession board is suspended, see div 2.3.2.

    1. Definitions for pt 2.3

      In this part:

      ballot paper envelope means an envelope addressed to the electoral commissioner on which is printed a declaration to be filled out by an elector.

      NoteIf a form is approved under s 52 for the envelope and declaration, the form must be used.

      close of poll day, for an election for a health profession—see section 24 (1) (d).

      election, for a health profession board—

      (a)means an election of members of the board; and

      (b)includes—

      (i)an election to elect a prescribed member of the board; and

      (ii)a recount under division 2.3.3 (Casual and temporary vacancies in elected positions) for an election of members of the board.

      election start day, for an election for a health profession—see section 24 (1) (a).

      elector, for an election for a health profession—see section 37.

      Electoral Act means the Electoral Act 1992.

      eligible means eligible to be a member of a health profession board under section 28.

      hour of nomination, for an election for a health profession—see section 30.

      issue of papers day, for an election for a health profession—see section 24 (1) (c).

      list of health professionals, for an election for a health profession—see section 26.

      nomination close day, for an election for a health profession—see section 24 (1) (b).

      officer means an officer appointed under the Electoral Act, section 33, and includes the electoral commissioner.

      preliminary scrutiny means action by the electoral commissioner under section 44 (2).

      prescribed election voter, for an election of a prescribed member of a health profession board, means a registered health professional in the relevant health profession who, under the relevant health profession schedule, is eligible to vote and to be elected.

      NoteRelevant health profession and relevant health profession schedule are defined in the dictionary.

      prescribed member, of a health profession board, means—

      (a)if the board is established for a single health profession—a member who, under the relevant health profession schedule, is required to be a registered health professional of a particular kind in the relevant health profession to be eligible to vote and be elected in the election; and

      (b)if the board is established for 2 or more health professions—a member who, under a relevant health profession schedule for a health profession for which the board is established, is required to be a registered health professional registered in a particular health profession to be eligible to vote and be elected in the election.

      scrutiny centre, for an election for a health profession, means a scrutiny centre declared for the election under section 51.

    2. Dates for elections

      (1)For an election for a health profession, the board president for the health profession must, in writing, fix the following days for the election:

      (a)the day from which candidates for election may be nominated (the election start day);

      (b)the last day when candidates for election may be nominated (the nomination close day);

      (c)the last day when voting papers may be issued (the issue of papers day);

      (d)the day for the close of the poll (the close of poll day).

      (2)The election start day for the election must be at least 1 week after the day the board president fixes the days under subsection (1) for the election.

      (3)The nomination close day for the election must be at least 21 days after the election start day.

      (4)The issue of papers day for the election must be—

      (a)at least 21 days before the close of poll day; and

      (b)at least 14 days after nomination close day.

      (5)The close of poll day for the election must be at least 70 days and at most 90 days after the election start day.

      (6)After fixing the days under subsection (1), the board president must promptly send a copy of the instrument to the electoral commissioner.

      (7)A failure to comply with this section in relation to an election does not invalidate the election.

    3. List of health professionals

      (1)As soon as practicable after the election start day for an election for a health profession board, the board president must give the electoral commissioner a list (the list of health professionals).

      (2)The list of health professionals must state the following:

      (a)if the election is to elect someone other than a prescribed member—

      (i)the name of each person who was a registered health professional in the health profession on election start day; and

      (ii)the postal address of each person mentioned in subparagraph (i); or

      (b)if the election is to elect a prescribed member—

      (i)the name of each person who was a prescribed election voter for the election on the election start day; and

      (ii)the postal address of each person mentioned in subparagraph (i).

      (3)The list of health professionals must be certified correct by the board president.

      (4)The electoral commissioner must—

      (a)make a copy of the list of health professionals for the election available for public inspection at the office of the electoral commissioner during ordinary business hours as soon as practicable after the commissioner receives the list; and

      (b)continue to make the list available for public inspection until—

      (i)the end of the period when the election result may be disputed; or

      (ii)if the election result is disputed—the dispute is decided or otherwise ends.

      (5)A failure to comply with this section in relation to an election does not invalidate the election.

    4. Registered health professionals to be notified of dates

      (1)After receiving the list of health professionals for an election for a health profession, the electoral commissioner must send by post to each health professional on the list, at the address shown in the list, a written notice—

      (a)telling the health professional about the days fixed under section 24 (1); and

      (b)telling the health professional about the requirements for eligibility for nomination in section 28; and

      (c)inviting the health professional to seek nomination for the election.

      (2)The electoral commissioner must send each notice under subsection (1) not later than 2 weeks before the nomination close day for the election.

      (3)A failure to comply with this section in relation to an election does not invalidate the election.

    5. Eligibility for nominations etc

      (1)A person is eligible to be a member of the health profession board for a health profession if the person—

      (a)is—

      (i)a registered health professional in the health profession; and

      (ii)if the election is to elect a prescribed member—a prescribed election voter for the election; and

      (b)has been continuously registered, or continuously registered under a corresponding law of a local jurisdiction and the Act, for at least 3 years before election start day.

      Example

      Stephanie was registered under a corresponding law of a local jurisdiction (New Zealand) for 2 years and 9 months.  Since coming to the ACT, she has been registered under the Act.  There was no break in registration between the time she was registered in New Zealand and being registered under the Act.  Once she has been registered for 3 months in the ACT, she will have been continuously registered under a corresponding law of a local jurisdiction and the Act for 3 years, and will be eligible for nomination.

      NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

      (2)A person is not eligible to be nominated for election as a member of a health profession board for a health profession unless the person is, on election start day, eligible to be a member of the health profession board.

    6. Nominations

      (1)The nomination of a person (the nominee) for election as a member of the health profession board for a health profession must be signed by the person and 2 other health professionals (the nominators).

      (2)The nominee must be eligible to be nominated for the election under section 28.

      (3)The nominators must be—

      (a)registered in the health profession on the election start day; and

      (b)if the election is to elect a prescribed member—prescribed election voters for the election on the election start day.

      (4)The nomination must include, or be accompanied by, a signed statement by the nominee that the nominee consents to the nomination.

      (5)The nomination must be given to the electoral commissioner before the hour of nomination.

    7. Hour of nomination

      The hour of nomination, for an election for a health profession, is 12 noon on the nomination close day.

    8. Withdrawal of nomination

      A person nominated to be a candidate may withdraw his or her consent to the nomination by giving the electoral commissioner written notice of withdrawal before the hour of nomination.

    9. Application of Electoral Act, s 110

      (1)The Electoral Act, section 110 (Rejection of nominations), applies to an election under this part.

      (2)In applying the Electoral Act, section 110 in relation to this part—

      (a)a reference in the Electoral Act, section 110 (1) to section 105 is taken to be a reference to this regulation, section 29 (Nominations); and

      (b)any other necessary changes are taken to have been made.

      (3)The electoral commissioner may ask the executive officer of a health profession board for any information the commissioner needs to work out whether a nominee is eligible to be nominated as a member of the board.

      (4)An executive officer must comply with a request made to the officer under subsection (3).

    10. Declaration of candidates

      (1)As soon as practicable after the hour of nomination for an election, the electoral commissioner must declare the name and postal address of each candidate.

      (2)A declaration is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

    11. If no more candidates than positions

      (1)This section applies to an election for a health profession if, at the hour of nomination—

      (a)at least 1 candidate has been nominated; and

      (b)there are no more candidates nominated than are required to be elected at the election.

      (2)The electoral commissioner must, in writing—

      (a)declare the nominated candidate or candidates elected; and

      (b)tell the board president of the health profession board about the election of each person elected; and

      (c)if fewer candidates are nominated for election than are required to be elected—tell the board president the number of candidates required to be elected who were not elected.

      (3)A declaration under subsection (2) (a) is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

      (4)If the electoral commissioner tells the Minister a number under subsection (2) (c), the Minister must appoint that number of people as members of the health profession board under section 9.

    12. If no candidates

      (1)If no candidate is nominated for an election for a health profession, the election is taken to have failed and the electoral commissioner must, in writing, tell the board president and the Minister about the failure of the election.

      (2)If the electoral commissioner tells the Minister about the failure of the election, the Minister must, under section 10, appoint as members of the health profession board the number of people who would otherwise be required to be elected.

    13. If more candidates than positions

      If more candidates are nominated for an election for a health profession than are required to be elected, the electoral commissioner must conduct a poll under this part to decide the election.

    14. Eligibility to vote

      A person (an elector) may vote in an election for a health profession if, on the election start day—

      (a)the person is registered in the health profession; and

      (b)if the election is to elect a prescribed member—the person is a prescribed election voter for the election.

    15. Number of votes

      Each elector is entitled to only 1 vote at the election.

    16. Positions on ballot paper

      (1)The electoral commissioner must determine by lot the positions in which the candidates for an election are to appear on the ballot paper.

      (2)The electoral commissioner determines positions by lot if the commissioner determines the positions in accordance with an approval under the Electoral Act, section 125.

    17. Distribution of ballot papers

      (1)The electoral commissioner must, on or before the issue of papers day, send each registered health professional whose name appears on the list of health professionals for the election—

      (a)a ballot paper; and

      (b)a ballot paper envelope; and

      (c)an envelope addressed to the commissioner.

      NoteIf a form is approved under s 52 for a ballot paper, the form must be used.

      (2)Things sent to a health professional under subsection (1)—

      (a)must be in a covering envelope addressed to the health professional that is sent to the postal address for the health professional in the list of health professionals; and

      (b)may be sent to the health professional’s business address if they are returned unclaimed to the electoral commission before the close of poll day.

    1. Manner of voting

      The Electoral Act, section 132 (Manner of recording vote) applies to the manner of voting under this part.

    2. Replacement of ballot papers

      (1)This section applies if, before close of poll day for an election for a health profession, a person eligible to vote at the election makes and gives the electoral commissioner a written statement—

      (a)setting out his or her full name and postal address; and

      (b)stating that he or she has not received a ballot paper or ballot paper envelope or that a ballot paper or ballot paper envelope received by him or her has been lost or destroyed; and

      (c)stating that he or she has not already voted at the election;

      (2)This section also applies if, before an election for a health profession, a person eligible to vote at the election—

      (a)makes and gives to the electoral commissioner a written statement—

      (i)setting out his or her full name and postal address; and

      (ii)stating that a ballot paper or ballot paper envelope received by him or her has, by mistake or accident, been spoilt; and

      (b)gives the electoral commissioner the spoilt ballot paper or ballot paper envelope.

      (3)The electoral commissioner must give the person a ballot paper or ballot paper envelope, or a further ballot paper or ballot paper envelope and, if relevant, cancel the spoilt ballot paper or envelope.

    3. After voting

      An elector for an election for a health profession must, after recording his or her vote—

      (a)place the ballot paper in the ballot paper envelope and seal the envelope; and

      (b)fill in and sign the declaration printed on the ballot paper envelope, place the envelope in the envelope addressed to the electoral commissioner (the returning envelope) and seal the returning envelope; and

      (c)send the returning envelope to the commissioner so that it reaches the commissioner not later than 12 noon on the close of poll day.

    4. Scrutiny

      (1)The Electoral Act, part 12 (The scrutiny) (other than section 189 (Declaration of result of election)) applies to an election as if—

      (a)a reference to declaration voting papers were a reference to votes cast in the election; and

      (b)a reference to preliminary scrutiny for the election were a reference to scrutiny under subsection (2); and

      (c)all other necessary changes were made.

      (2)If the electoral commissioner is satisfied that the declaration on a ballot paper envelope has been signed by the elector named in the declaration, the ballot paper must be admitted to further scrutiny.

    5. Appointment of scrutineers

      (1)A candidate for an election for a health profession may appoint a scrutineer to represent the candidate during the scrutiny for the election.

      (2)An appointment may be made by giving the electoral commissioner—

      (a)written notice, signed by the candidate, stating the name and address of the scrutineer; and

      (b)an undertaking signed by the scrutineer.

      NoteIf a form is approved under s 52 for an undertaking, the form must be used.

    6. Conduct of scrutineers

      (1)A scrutineer representing a candidate for an election for a health profession may enter, be present in or leave a scrutiny centre for the election during the conduct of the scrutiny for the election at the centre.

      (2)However, at any time during the conduct of the scrutiny at the centre, there must not be more scrutineers at the centre representing a particular candidate than there are officers at the centre.

      (3)A scrutineer at a scrutiny centre must wear a badge, supplied by the electoral commissioner, that identifies the person as a scrutineer.

    7. Candidates not to participate in conduct of election

      A candidate must not take any part in the conduct of an election.

    8. Declaration etc of results

      (1)As soon as practicable after the result of an election for a health profession has been decided, the electoral commissioner must—

      (a)declare each successful candidate elected; and

      (b)tell the board president of the health profession board in writing about the election of each person elected.

      (2)A declaration under subsection (1) is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

    9. Term of elected board members

      The term of a person declared elected under section 48—

      (a)begins on the day the person is declared elected; and

      (b)is 4 years.

    10. Destruction of election material

      The electoral commissioner must destroy the ballot papers and ballot paper envelopes for an election on the election start day for the next election.

    11. Scrutiny centres

      (1)The electoral commissioner may declare a stated place to be a scrutiny centre for an election for a health profession.

      (2)A declaration is a notifiable instrument.

      Note A notifiable instrument must be notified under the Legislation Act.

    12. Approved forms for elections

      (1)The electoral commissioner may approve forms for this part.

      (2)If the electoral commissioner approves a form for a particular purpose, the approved form must be used for the purpose.

      NoteFor other provisions about forms, see the Legislation Act, s 255.

      (3)An approved form is a notifiable instrument.

      Note A notifiable instrument must be notified under the Legislation Act.

    Division 2.3.2           Application of ch 2 to first elections and suspended boards

    52AApplication of ch 2 to first election for professions previously unregulated under the Act

    (1)This section applies if a regulation (the amending regulation) amending schedule 1 to establish a health profession has been made and notified but has not commenced.

    (2)Appointments may be made to the health profession board under part 2.2, and elections may be conducted for members of the board under part 2.2 and part 2.3, as if the amending regulation had commenced.

    (3)Without limiting subsection (2)—

    (a)anything may be done for the purpose of making an appointment or conducting an election; and

    (b)a successful candidate for election may be declared elected.

    (4)For subsection (2), chapter 2 (Health profession boards) applies to the making of an appointment, or the conduct of an election, as if—

    (a)a person who would be registered in the health profession if the amending regulation had commenced were registered in the health profession; and

    (b)the words ‘, from the community representative list,’ were omitted from section 10 (4) (Appointment of board members); and

    (c)section 11 (1) (Consultation about appointment to board) were omitted; and

    (d)section 12 (Community representatives) were omitted; and

    (e)the words ‘the board president and’ were omitted from section 35 (1) (If no candidates); and

    (f)a reference in chapter 2 to the board president were a reference to the Minister; and

    (g)any other necessary changes were made.

    (5)Without limiting subsection (4), anything that may or must be done under chapter 2 by or in relation to the board president may or must be done by or in relation to the Minister.

    (6)This section is additional to the Legislation Act, section 81 (Exercise of powers between notification and commencement).

    52CApplication of ch 2 to elections if board suspended

    (1)This section applies if the health profession board for a health profession is suspended.

    (2)Chapter 2 applies to the conduct of an election as if—

    (a)the words ‘the board president and’ were omitted from section 35 (1) (If no candidates); and

    (b)a reference in chapter 2 to the board president, in relation to the suspended board, were a reference to the Minister; and

    (c)any other necessary changes were made.

    (3)Without limiting subsection (2), anything that may or must be done under chapter 2 by or in relation to the health profession board president may or must be done by or in relation to the Minister.

    Division 2.3.3           Casual and temporary vacancies in elected positions

    1. Definitions for div 2.3.3

      In this division:

      casual vacancy means a vacancy in a position on a health profession board to which a board member is elected rather than appointed if the vacancy has happened otherwise than because—

      (a)the board has been discharged; or

      (b)the term for which the board member was elected has ended; or

      (c)there has been a complete or partial failure of an election.

      closing time for applications—see section 56 (2) (Candidates for casual vacancy).

      former board member, in relation to a casual vacancy in a position on a health profession board, means the person who was elected to the position at the last election before the vacancy happened.

      partial failure, of an election, means that fewer candidates were nominated for the election than were required to be elected.

    2. Notice of long casual vacancy

      (1)This section applies if—

      (a)there is a casual vacancy for a position on a health profession board; and

      (b)the former board member’s term had more than 1 year to run.

      (2)The board president of the health profession board must tell the electoral commissioner in writing about the casual vacancy.

    3. Publication of notice about casual vacancy

      (1)This section applies if the board president of a health profession board tells the electoral commissioner in writing about a casual vacancy under section 54.

      (2)If the electoral commissioner is satisfied that it is practicable to fill the vacancy under section 58, the commissioner must, so far as practicable, give a copy of the notice to anyone who, in the commissioner’s opinion, may be entitled to make an application under section 56 in relation to the vacancy.

      (3)A notice under subsection (2) must—

      (a)contain a statement to the effect that—

      (i)there is a casual vacancy in the health profession board; and

      (ii)a person may apply to be a candidate under section 56; and

      (b)state the closing time for applications.

      (4)If the electoral commissioner is not satisfied that it is practicable to fill the vacancy under section 58, the commissioner must tell the board president that it is not practicable.

    4. Candidates for casual vacancy

      (1)A person may apply to be a candidate for a position on a health profession board for which a casual vacancy has happened if the person—

      (a)was a candidate in the last election for the position; and

      (b)was not elected at that election; and

      (c)is eligible to be elected to the position.

      (2)An application under subsection (1) must reach the electoral commissioner before 12 noon on the 10th day after the day when notice of the vacancy is given under section 55 (2) (the closing time for applications).

      Note If a form is approved under s 52 for an application, the form must be used.

      (3)An applicant may withdraw his or her application by giving the electoral commissioner written notice of the withdrawal before applications close.

      (4)The electoral commissioner must reject a purported application that is not in accordance with subsection (2) and give the person in relation to whom it was made written notice setting out the reasons for the rejection.

    5. Publication of candidates’ details

      (1)If 1 or more people have applied to be a candidate under section 56, the electoral commissioner must declare the name and postal address of each candidate.

      (2)If there are no candidates for a casual vacancy, the electoral commissioner must declare that there are no candidates and tell the board president of the relevant health profession board in writing that there are no candidates.

      (3)A declaration under subsection (1) is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

    6. Determination of candidate to fill vacancy

      (1)If there is only 1 candidate for a casual vacancy, the electoral commissioner must declare the candidate elected.

      (2)If there is more than 1 candidate for a casual vacancy, the electoral commissioner must, as soon as practicable after making a declaration under section 57 (1)—

      (a)fix a time and place for a recount of the ballot papers counted at the last election at which the former board member was elected; and

      (b)give each candidate written notice of the time and place fixed; and

      (c)recount the ballot papers in accordance with the Electoral Act, schedule 4, part 4.3 (with necessary changes).

      NoteFor how documents may be given, see the Legislation Act, pt 19.5.

      (3)The electoral commissioner must—

      (a)declare the successful candidate elected; and

      (b)tell the board president of the health profession board in writing about the election of the successful candidate.

    7. Board nominees

      (1)This section applies if—

      (a)there is a casual vacancy for a position on a health profession board; and

      (b)either—

      (i)the former board member’s term had not more than 1 year to run; or

      (ii)the electoral commissioner tells the board president under section 55 (4) that it is not practicable to fill the vacancy; or

      (iii)the commissioner tells the board president under section 57 (2) that there are no candidates for the vacancy.

      (2)If the health profession board is satisfied that, because of the size of the board, it is not practicable for the board to exercise its functions without filling the vacancy, the board may ask the Minister to nominate a person to fill the vacancy.

      (3)If the board asks the Minister to fill the vacancy, the Minister must, after consulting the health profession board, nominate a person who is eligible to be elected to the vacant position and tell the electoral commissioner about the nomination.

      (4)The electoral commissioner must—

      (a)declare the person elected; and

      (b)tell the board president of the health profession board in writing about the person’s election.

      (5)To remove any doubt, the health profession board may exercise functions under this section even if it does not have a quorum.

    8. Term of board member declared elected under div 2.3.3

      (1)This section applies to a person declared elected under this division.

      (2)The term of the person’s appointment begins at the end of the day the election of the person is declared and, unless sooner ended, ends on the day the original board member’s appointment would have ended.

    9. Temporary vacancies

      (1)This section applies if—

      (a)an elected board member cannot for any reason exercise the functions of the position to which the member was elected; and

      (b)the period for which the member cannot exercise the functions is shorter than 1 year; and

      (c)the board member’s inability to exercise the functions is temporary.

      Examples for par (a)

      1     The board member is ill or on leave.

      2     The board member is outside the ACT or Australia.

      Note 1Function is defined in the Legislation Act, dict, pt 1 to include authority, duty and power.

      Note 2An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

      (2)If the health profession board is satisfied that, because of the size of the board, it is not practicable for the board to exercise its functions without filling the position of the elected board member, the board may ask the Minister to appoint a person to fill the position temporarily.

      (3)If asked to do so under subsection (2) and after consulting the health profession board, the Minister may, in writing, appoint to the board a person who is eligible to be a member of the board for the period while the elected member is unable to exercise the functions of the position.

      (4)To remove any doubt, the health profession board may exercise functions under this section even if it does not have a quorum.

    Division 2.3.4           Disputed elections

    1. Definitions for div 2.3.4

      In this division:

      bribery means a contravention of the Criminal Code, section 356 (Bribery) in relation to an election.

      contravention, of a section of the Act or the Crimes Act 1914 (Cwlth), includes—

      (a)attempting or conspiring to contravene that section; or

      (b)aiding, abetting, counselling or procuring the contravention of that section.

      Court of Disputed Health Elections—see section 63 (2).

      disputed election application means an application disputing the validity of an election.

      election

      (a)means an election under this part; and

      (b)includes the election of a person to fill a casual vacancy.

      file means file in the registrar’s office.

      leave application means an application under section 72 for leave to withdraw a disputed election application.

      proceeding means a proceeding before the Court of Disputed Health Elections.

      registrar means the registrar of the Supreme Court.

      undue influence means a contravention of the Crimes Act 1914 (Cwlth), section 28 (Interfering with political liberty).

    2. Court of Disputed Health Elections

      (1)The Supreme Court has jurisdiction to hear and decide—

      (a)disputed election applications; and

      (b)questions referred to the court by a health profession board about—

      (i)the eligibility of people who have been declared elected to be members of the board; or

      (ii)vacancies in the membership of the board.

      (2)When exercising jurisdiction under subsection (1), the Supreme Court is known as the Court of Disputed Health Elections.

    3. Powers of the court

      The Supreme Court has the same powers (so far as they are applicable) when exercising jurisdiction under this part as it has when exercising its original jurisdiction.

    4. Court’s decisions are final

      A decision of the Court of Disputed Health Elections is final and conclusive, is not subject to appeal and must not be called into question.

    5. Validity may be disputed after election

      (1)The validity of an election must not be disputed except by application to the Court of Disputed Health Elections after the result of the election is declared.

      (2)Without limiting subsection (1), if any of the following matters in relation to an election is called into question, the validity of the election is to be taken to be in dispute:

      (a)the acceptance or rejection of the nomination of a candidate by the electoral commissioner;

      (b)the eligibility of a person to be nominated as a candidate or to be elected;

      (c)any matter connected with the distribution, or scrutiny, of ballot papers;

      (d)any matter connected with the admission or rejection of votes by the electoral commissioner at the preliminary scrutiny.

    6. People entitled to dispute elections

      The following people are entitled to dispute the validity of an election for a health profession:

      (a)a candidate in the election;

      (b)an elector for the election;

      (c)the electoral commissioner.

    7. Form of disputed election application

      (1)A disputed election application must—

      (a)state the declarations sought; and

      (b)set out the facts relied on to invalidate the election with sufficient detail to identify the matters on which the applicant relies to justify each declaration; and

      (c)set out the applicant’s full name and address and the capacity in which the applicant is making the application; and

      (d)be signed by the applicant.

      (2)The signature of an applicant other than the electoral commissioner must be witnessed by someone else.

      (3)The witness’s signature, full name, address and occupation must be set out in the disputed election application.

    1. Time for filing disputed election application

      A disputed election application must be filed within 40 days after the day the result of the election is notified.

    2. Registrar to serve copies of disputed election application

      If a disputed election application is filed under section 69, the registrar must serve a sealed copy of the application on—

      (a)the person whose election is being disputed; and

      (b)the board president of the health professions board to which the person was elected; and

      (c)if the electoral commissioner is not the applicant—the commissioner.

    3. Parties to disputed election application

      (1)The following people are entitled to appear in a proceeding under this division:

      (a)the applicant;

      (b)the electoral commissioner;

      (c)if the person whose election is being disputed files a notice of appearance within 7 days after the day the person is served with a copy of the application under section 70—the person;

      (d)anyone else with the leave of the Court of Disputed Health Elections.

      (2)A person other than the applicant who appears under subsection (1) is taken to be a respondent to the disputed election application.

      (3)This section does not apply to a leave application.

    4. Withdrawal of disputed election application

      (1)The applicant for a disputed election application may withdraw the application only with the leave of the Court of Disputed Health Elections.

      (2)An applicant is not entitled to make a leave application unless notice of the applicant’s intention to do so has been given to the electoral commissioner and to each of the respondents to the disputed election application.

      (3)If there are 2 or more applicants to the disputed election application, the leave application must not be made without the consent of each applicant to the disputed election application.

      (4)If the disputed election application is withdrawn, the applicant is liable to pay the costs of the respondent in relation to that application and the leave application unless the Court of Disputed Health Elections orders otherwise.

    5. Hearing and decision on leave application

      (1)This section applies to a leave application made under section 72 in relation to a disputed election application.

      (2)The electoral commissioner, and each respondent to the disputed election application, are entitled to appear as respondents to the leave application.

      (3)Anyone else may appear as a respondent to the leave application only with the leave of the Court of Disputed Health Elections.

      (4)In deciding the leave application, the Court of Disputed Health Elections must inquire into the reasons for the application and decide whether it was—

      (a)the result of an agreement, arrangement or understanding; or

      (b)in consideration of—

      (i)the position on the health profession board that is in issue being vacated in the future; or

      (ii)the withdrawal of another disputed election application; or

      (iii)anything else.

      (5)The Court of Disputed Health Elections must publish its reasons for a decision as if it were a judgment and give a copy of them to the electoral commissioner.

    6. Person ceasing to be respondent to disputed election application

      (1)This section applies to a person (other than the electoral commissioner) who is a respondent to a disputed election application if, before the hearing of a disputed election application, the respondent—

      (a)dies or gives written notice that he or she does not intend to oppose the application; or

      (b)resigns from, or otherwise ceases to hold, the position on the health profession board that is in issue.

      (2)If this section applies to a person—

      (a)the person stops being a respondent; and

      (b)the person, or his or her personal representative, must—

      (i)give the registrar written notice explaining why the person has stopped being the respondent; and

      (ii)give each person who might have been an applicant in relation to the election application notice that the person has stopped being the respondent; and

      (c)if a person who might have been an applicant in relation to the election application files a notice of appearance within 7 days after the day the person receives the notice under subsection (2) (b) (ii)—that person is entitled to appear as a respondent to the application.

      (3)A person who has stopped being a respondent to a disputed election application is not entitled to appear as a party in a proceeding in relation to the application.

      (4)The registrar must tell the electoral commissioner of the receipt of a notice mentioned in subsection (2) (b).

    7. End of disputed election application

      (1)The death of a sole applicant or the last survivor of several applicants ends a disputed election application.

      (2)The ending of a disputed election application does not affect the liability of the applicant or anyone else for costs awarded against the applicant or anyone else.

    8. Hearing disputed election applications

      (1)As soon as practicable after the time for filing a disputed election application under section 69 in relation to an election has ended, the registrar must prepare a list of the disputed election applications in the order of filing and make a copy of the list available for inspection at the registrar’s office.

      (2)A disputed election application must, as far as practicable, be heard in the order in which it appears in the list.

      (3)However, all disputed election applications in relation to an election for a particular position on a health profession board must be heard together.

    9. Declarations and orders of court

      (1)The Court of Disputed Health Elections must hear and decide a disputed election application and may—

      (a)declare the election void; or

      (b)declare that a person who has been declared elected was not properly elected; or

      (c)declare that a person who has not been declared elected was properly elected; or

      (d)dismiss the application completely or partly.

      (2)The Court of Disputed Health Elections may make any other order in relation to the disputed election application that the court considers appropriate.

    10. Illegal election practices

      (1)In this section:

      illegal practice means a contravention of the Criminal Code, section 356 (Bribery) or part 3.6 (Forgery and related offences), and includes undue influence.

      prescribed declaration means a declaration under section 77 (1) (a) or (b)—

      (a)on the ground of an illegal practice (other than bribery or undue influence); or

      (b)on the ground of bribery or undue influence by a person who was not a candidate for the election without the knowledge or consent of a candidate in the election.

      NoteUndue influence is defined in s 62.

      (2)The Court of Disputed Health Elections may make a declaration under section 77 (1) (a) or (b)—

      (a)on the ground of an illegal practice in relation to the election; or

      (b)on any other ground the court considers appropriate.

      (3)However, the Court of Disputed Health Elections must not make a prescribed declaration unless satisfied that—

      (a)the result of the election was, or was likely to have been, affected by the illegal practice; and

      (b)it is just to make the declaration.

      (4)If the Court of Disputed Health Elections finds an illegal practice in relation to an election (whether or not the court makes a declaration under section 77 (1) (a) or (b) on that ground), the registrar must report the finding to—

      (a)the electoral commissioner; and

      (b)the director of public prosecutions; and

      (c)the board president of the health profession board to which the election related.

      (5)A finding by the Court of Disputed Health Elections in relation to an illegal practice in relation to an election does not bar, or prejudice in any way, any prosecution in relation to the act claimed before the court to have been the illegal practice.

    11. Bribery or undue influence by person elected

      If the Court of Disputed Health Elections finds that a person who was declared elected committed, or attempted to commit, bribery or undue influence in relation to any election, the court must declare the election of the person void.

    12. Immaterial delays and errors in relation to elections

      (1)The Court of Disputed Health Elections must not make a declaration under section 77 (1) (a), (b) or (c) on the ground that there was a delay in—

      (a)declaring the nominations for the election; or

      (b)declaring the result of the election.

      (2)The Court of Disputed Health Elections must not make a declaration under section 77 (1) (a), (b) or (c) on the ground of an absence of, or error or omission by, the electoral commissioner or an officer unless the absence, error or omission affected, or was likely to have affected, the result of the election.

      (3)In deciding whether an absence, error or omission that prevented an elector from voting affected the result of an election, the Court of Disputed Health Elections must not have regard to any evidence of the way in which the elector intended to vote.

    13. Inquiries by court

      In deciding a disputed election application, the Court of Disputed Health Elections may make the inquiries it considers appropriate, including—

      (a)an inquiry about the identity of people who voted; and

      (b)an inquiry about whether ballot papers were improperly admitted or rejected.

    14. Rejected ballot papers

      In deciding a disputed election application, the Court of Disputed Health Elections may have regard to any ballot papers rejected at the preliminary scrutiny if the court forms the opinion that the ballot papers should not have been rejected.

    15. Evidence that people were not allowed to vote

      In deciding a disputed election application, the Court of Disputed Health Elections must not have regard to any evidence that a person was not allowed to cast a vote in an election unless the court is satisfied that the person—

      (a)claimed to vote under this regulation; and

      (b)complied with the requirements of this regulation for voting to the extent that the person was allowed to do so.

    16. Inspection of electoral papers

      (1)A party to a disputed election application may inspect, and make copies of or take extracts from, the electoral papers (except ballot papers) in the electoral commissioner’s possession that were used in relation to the election being disputed.

      (2)However, the party may only do something under subsection (1)—

      (a)with the leave of the Court of Disputed Health Elections; and

      (b)in the presence of the electoral commissioner or a member of staff of the electoral commission.

    17. Commissioner not prevented from accessing documents

      Unless the Court of Disputed Health Elections otherwise orders, the filing of a disputed election application does not prevent the electoral commissioner, another member of the electoral commission or a member of the staff of the commission from having access to a document to which the person would otherwise be entitled to have access to exercise a function under this regulation.

    18. Registrar to serve copies of court declarations on certain people

      The registrar must, after a disputed election application is decided, serve a sealed copy of the declarations and orders (if any) made by the Court of Disputed Health Elections on—

      (a)the board president of the health profession board to which the election related; and

      (b)each party to the application.

    19. Effect of court declarations

      (1)If the Court of Disputed Health Elections declares an election void, another election must be held under this part.

      (2)If the Court of Disputed Health Elections declares that a person who has been declared elected was not properly elected, the person is taken not to have been properly elected.

      (3)If the Court of Disputed Health Elections declares that a person who has not been declared elected was properly elected, the person is taken to have been properly elected.

      (4)A declaration by the Court of Disputed Health Elections mentioned in subsection (1), (2) or (3) takes effect at the end of the day the declaration by the court is made.

    20. Court procedure

      In a proceeding, the Court of Disputed Health Elections —

      (a)must be guided by the substantial merits and good conscience of the case; and

      (b)is not bound by technicalities, legal forms or the rules of evidence, but may inform itself in the way it considers appropriate.

    21. Legal representation limited in court proceeding

      In a proceeding, a party is entitled to be represented by only 1 lawyer appearing as counsel.

    22. Costs may be ordered against Territory

      Even if the Territory is not a party to a proceeding, the Court of Disputed Health Elections may order the Territory to pay some or all of the costs of the proceeding.

    Division 2.3.5           Electoral offences

    1. Multiple votes prohibited

      (1)A health professional must not vote more than once at the same election.

      Maximum penalty: 30 penalty units.

      (2)An offence against this section is a strict liability offence.

    2. Interference with voting

      (1)A person must not—

      (a)interfere with the casting of a vote by an elector; or

      (b)do anything to find out how an elector voted; or

      (c)allow anyone else to find out how an elector voted.

      Maximum penalty: 30 penalty units.

      (2)Subsection (1) does not apply to a person assisting an elector under subsection (3).

      (3)An elector may be assisted in voting if the elector would otherwise be unable to vote.

      (4)An assistant—

      (a)must be a nominee of the elector; and

      (b)may assist in any of the following ways:

      (i)by acting as an interpreter;

      (ii)by filling out, or assisting the elector to fill out, the declaration;

      (iii)by explaining the ballot paper and the requirements of this regulation relating to its marking;

      (iv)by marking, or assisting the elector to mark, the ballot paper at the elector’s direction;

      (v)by folding the ballot paper and putting it in a ballot paper envelope as required by this regulation;

      (vi)by sending the ballot paper envelope with the marked ballot paper back to the electoral commissioner.

      (5)An offence against this section is a strict liability offence.

    3. Giving completed ballot papers to commissioner

      (1)A person who accepts completed ballot papers to be given to the electoral commissioner must give them to the commissioner as soon as practicable.

      Maximum penalty: 10 penalty units.

      (2)An offence against this section is a strict liability offence.

    4. Opening envelopes containing ballot papers

      (1)Unless authorised under this regulation, a person must not open an envelope that appears to contain completed ballot papers.

      Maximum penalty: 5 penalty units.

      (2)An offence against this section is a strict liability offence.

    5. Influencing of votes by officers

      (1)An officer must not do anything to influence someone else’s vote.

      Maximum penalty: 30 penalty units.

      (2)An offence against this section is a strict liability offence.

    6. Violence and intimidation

      (1)A person must not, by violence or intimidation, hinder or interfere with the free exercise of a right or duty under this regulation.

      Maximum penalty: 30 penalty units.

      Note 1Function is defined in the Legislation Act, dict, pt 1 to include authority, duty and power.

      Note 2Exercise a function includes perform the function (see Legislation Act, dict, pt 1).

      (2)An offence against this section is a strict liability offence.

    7. Voting fraud

      (1)A person must not supply a ballot paper unless authorised by this regulation.

      Maximum penalty:  20 penalty units.

      (2)A person must not mark a ballot paper unless—

      (a)the person is an elector or an assistant assisting the elector under section 92 (3); and

      (b)the ballot paper marked is the elector’s ballot paper.

      Maximum penalty: 30 penalty units.

      (3)A person commits an offence if—

      (a)the person casts a ballot; and

      (b)the person is not entitled to vote.

      Maximum penalty: 30 penalty units.

      (4)An offence against this section is a strict liability offence.

    Part 2.4Health profession board meetings

    1. When are board meetings held?

      (1)A health profession board may hold the meetings it considers appropriate to allow the board to exercise its functions.

      (2)The board president may, in writing, call a meeting at a stated time and place.

      (3)The board president must call a meeting if a majority of the board members asks the president in writing to call a meeting.

    2. Board meetings usually in public

      (1)Health profession board meetings must be open to the public unless the board decides otherwise, either for a particular meeting or for a particular kind of meeting.

      (2)A decision by the health profession board that a meeting is not to be open to the public does not prevent the board from allowing someone other than a board member to attend the meeting.

    3. Ministerial referrals to board

      The Minister may, in writing, refer a matter to a health profession board for consideration if—

      (a)the Minister considers that the matter involves the protection of the public or of the public interest; and

      (b)the matter relates to a health profession the board regulates.

    4. Presence at board meetings

      (1)If the members of the health profession board agree, a board meeting may be held by means of a method of communication, or a combination of a number of methods of communication, that allows everyone taking part in the meeting to hear what anyone else taking part in the meeting says without being in each other’s presence.

      Examples

      a phone link, a satellite link, an internet or intranet link

      NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

      (2)A health profession board member who takes part in a meeting conducted under subsection (1) is taken, for all purposes, to be present at the meeting.

    5. Presiding member at board meetings

      (1)The board president must preside at each health profession board meeting at which the president is present.

      (2)If the board president is not present at a health profession board meeting but the board deputy president is present, the deputy president must preside at the meeting.

      (3)If neither the board president nor board deputy president is present at a health profession board meeting attended by a quorum of board members, the members present may elect a member present to preside at the meeting.

    6. Board quorum

      (1)A quorum, for a health profession board meeting, is a majority of the board members.

      (2)For this section, the board members include any positions on the health profession board that are vacant.

    7. Voting at board meetings

      (1)A question arising at a health profession board meeting must be decided by a majority of the votes of board members attending and voting.

      (2)The member presiding at a health profession board meeting may decide a question arising at the meeting if—

      (a)the member is the board president or board deputy president; and

      (b)the members attending and voting cannot decide the question by a majority.

      (3)However, a decision on a question arising at a meeting must be postponed until a future health profession board meeting if—

      (a)the member presiding at a health profession board meeting is not the board president or board deputy president; and

      (b)the members attending and voting cannot decide the question by a majority.

      (4)Voting at a health profession board meeting is by show of hands or, if a board member attending the meeting calls for a vote by ballot, by ballot.

    standards statement—see section 134.

    undue influence, for division 2.3.4 (Disputed elections)—see section 62.

    veterinary surgeon, for schedule 12 (Veterinary Surgeons)—see schedule 12, section 12.1.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      This regulation was originally the Health Professionals Regulations 2004.  It was renamed by the Health Professionals Amendment Regulation 2004 (No 1) SL2004-52 s 4.

      Health Professionals Regulation 2004 SL2004-41

      notified LR 6 September 2004
      s 1, s 2 commenced 6 September 2004 (LA s 75 (1))
      ch 1, ch 2, dict commenced 18 November 2004 (s 2 (1) as am by SL2004‑52 s 4)



      ch 3, ch 4, ch 5 (other than s 158), sch 1 item 1, sch 2 commenced 7 July 2005 (s 2 (2) (as am by SL2004‑52 s 4) and CN2005-12)
      s 158, sch 15 commenced 22 November 2004 (s 2 (2) as am by A2004‑52 s 4 and CN2004‑26)

      sch 1 items 2-11, schs 5-12 (as ins by SL2005‑14 s 24 (as am by SL2006‑1 s 7)) om before commenced by SL2007‑1 s 41 (s 2 (2))

      as amended by

      Health Professionals Amendment Regulation 2004 (No 1) SL2004-52

      notified LR 17 November 2004
      s 1, s 2 commenced 17 November 2004 (LA s 75 (1))
      remainder commenced 18 November 2004 (s 2)



      Health Professionals Amendment Regulation 2005 (No 1) SL2005-14 (as am by SL2006‑1 s 7; SL2006‑38 s 8)

      notified LR 6 July 2005
      s 1, s 2 commenced 6 July 2005 (LA s 75 (1))
      s 24 (in so far as it inserts sch 1 items 2-11, schs 5-12 (as am by SL2006‑1 s 7)) om before commenced by SL2007‑1 s 41



      remainder commenced 7 July 2005 (s 2 (2))

      Health Legislation Amendment Act 2005 A2005-28 sch 1 pt 1.3

      notified LR 6 July 2005
      s 1, s 2 commenced 6 July 2005 (LA s 75 (1))


      sch 1 pt 1.3 commenced 7 July 2005 (s 2)

      Health Professionals Amendment Regulation 2006 (No 1) SL2006-1

      notified LR 16 January 2006
      s 1, s 2 commenced 16 January 2006 (LA s 75 (1))


      s 7 commenced 7 January 2007 (LA s 79A and SL2005‑14)

      remainder commenced 17 January 2006 (s 2)

      Health Professionals Amendment Regulation 2006 (No 2) SL2006-2

      notified LR 16 January 2006
      s 1, s 2 commenced 16 January 2006 (LA s 75 (1))


      remainder commenced 17 January 2006 (s 2)

      Health Professionals Amendment Regulation 2006 (No 3) SL2006-3

      notified LR 16 January 2006
      s 1, s 2 commenced 16 January 2006 (LA s 75 (1))


      remainder commenced 17 January 2006 (s 2)

      Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.22

      notified LR 18 May 2006
      s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

      sch 1 pt 1.22 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

      Health Professionals Amendment Regulation 2006 (No 4) SL2006-28

      notified LR 8 June 2006
      s 1, s 2 commenced 8 June 2006 (LA s 75 (1))

      remainder commenced 8 December 2006 (s 2 and LA s 79)

      Health Professionals Amendment Regulation 2006 (No 5) SL2006-38

      notified LR 7 July 2006
      s 1, s 2 commenced 7 July 2006 (LA s 75 (1))
      s 6, s 7 commenced 7 January 2007 (s 2 (2) and LA s 79)

      remainder commenced 8 July 2006 (s 2 (1))

      Health Professionals Amendment Regulation 2007 (No 1) SL2007-1

      notified LR 4 January 2007
      s 1, s 2 commenced 4 January 2007 (LA s 75 (1))
      s 41 commenced 7 January 2007 (s 2 (1)

      remainder commenced 9 January 2007 (s 2 (2))

      Health Professionals Amendment Regulation 2007 (No 2) SL2007-19

      notified LR 23 July 2007
      s 1, s 2 commenced 23 July 2007 (LA s 75 (1))

      remainder commenced 24 July 2007 (s 2)

      Health Professionals Amendment Regulation 2007 (No 3) SL2007-28

      notified LR 27 September 2007
      s 1, s 2 commenced 27 September 2007 (LA s 75 (1))

      remainder commenced 28 September 2007 (s 2)

      Health Professionals Amendment Regulation 2007 (No 4) SL2007-43

      notified LR 20 December 2007
      s 1, s 2 commenced 20 December 2007 (LA s 75 (1))
      remainder commenced 21 December 2007 (s 2)

      Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.14

      notified LR 14 August 2008
      s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
      sch 2 pt 2.14 commenced 14 February 2009 (s 2 and LA s 79)

      Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.32

      notified LR 12 August 2008
      s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

      sch 3 pt 3.32 commenced 26 August 2008 (s 2)

      ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.28

      notified LR 4 September 2008
      s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
      sch 1 pt 1.28 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

      Medicines, Poisons and Therapeutic Goods Regulation 2008 SL2008‑42 sch 6

      notified LR 15 September 2008
      s 1, s 2 commenced 15 September 2008 (LA s 75 (1))

      sch 6 commenced 14 February 2009 (s 2 and see A2008‑26 s 2 and LA s 79)

      Health Professionals Amendment Regulation 2008 (No 1) SL2008-53

      notified LR 22 December 2008
      s 1, s 2 commenced 22 December 2008 (LA s 75 (1))

      remainder commenced 23 December 2008 (s 2)

      Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.39

      notified LR 1 September 2009
      s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

      sch 3 pt 3.39 commenced 22 September 2009 (s 2)

      Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.9

      notified LR 31 March 2010
      s 1, s 2 commenced 31 March 2010 (LA s 75 (1))

      sch 2 pt 2.9 commenced 1 July 2010 (s 2 (1) (a))

      Health Professionals Amendment Regulation 2010 (No 1) SL2010-13

      notified LR 19 April 2010
      s 1, s 2 commenced 19 April 2010 (LA s 75 (1))

      remainder commenced 20 April 2010 (s 2)

      Health Professionals Amendment Regulation 2010 (No 2) SL2010-43

      notified LR 1 November 2010
      s 1, s 2 commenced 1 November 2010 (LA s 75 (1))

      remainder commenced 2 November 2010 (s 2)

      Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.30

      notified LR 28 November 2011
      s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

      sch 3 pt 3.30 commenced 12 December 2011 (s 2)

      Health Professionals Amendment Regulation 2012 (No 1) SL2012-25

      notified LR 28 June 2012
      s 1, s 2 commenced 28 June 2012 (LA s 75 (1))

      remainder commenced 1 July 2012 (s 2)

      as repealed by

      Veterinary Surgeons Act 2015 A2015‑29 s 140

      notified LR 20 August 2015
      s 1, s 2 commenced 20 August 2015 (LA s 75 (1))

      s 140 commenced 1 December 2015 (s 2 (1) and CN2015-22)

    2. Amendment history

      Name of regulation

      s 1sub SL2004‑52 s 4

      Commencement

      s 2sub SL2004‑52 s 4

      am A2005‑28 amdt 1.63; SL2006‑38 s 4

      om LA s 89 (4)

      Dictionary

      s 3am A2008‑26 amdt 2.80

      Offences against regulation—application of Criminal Code etc

      s 3Ains SL2007‑1 s 4

      Board deputy president

      s 6am SL2005‑14 s 4

      Board members—election or appointment

      s 9am SL2005‑14 s 5

      Appointment of board members

      s 10am SL2005‑14 s 6, s 7; SL2010‑43 s 4

      Consultation about appointment to board

      s 11am SL2004‑52 s 5

      Payment of assistants

      s 18am A2008‑36 amdt 1.335

      Functions of executive officer

      s 21am SL2007‑1 s 5

      General

      div 2.3.1 hdg note    ins SL2004‑52 s 6

      Definitions for pt 2.3

      s 23def election sub SL2005‑14 s 8

      def prescribed election voter ins SL2005‑14 s 9

      def prescribed member ins SL2005‑14 s 9

      Dates for elections

      s 24am SL2004‑52 s 7

      If no board president

      s 25om SL2004‑52 s 8

      List of health professionals

      s 26am SL2004‑52 s 9

      sub SL2005‑14 s 10

      Eligibility for nominations etc

      s 28am SL2005‑14 s 11

      Nominations

      s 29am SL2005‑14 s 12

      Declaration of candidates

      s 33am A2011‑52 amdt 3.108

      If no more candidates than positions

      s 34am SL2004‑52 s 10

      If no candidates

      s 35am SL2004‑52 s 14; SL2005‑14 s 13

      Eligibility to vote

      s 37sub SL2005‑14 s 14

      Declaration etc of results

      s 48am SL2004‑52 s 14; A2011‑52 amdt 3.105

      Scrutiny centres

      s 51am A2011‑52 amdt 3.108

      Approved forms for elections

      s 52am A2011‑52 amdt 3.108

      Application of ch 2 to first elections and suspended boards

      div 2.3.1A hdg       renum as div 2.3.2 hdg

      Application of ch 2 to first elections and suspended boards

      div 2.3.2 hdg        orig div 2.3.2 hdg renum as div 2.3.3 hdg

      (prev div 2.3.1A hdg) ins SL2004‑52 s 11

      renum R1 LA (see SL2004‑52 s 12)

      Application of ch 2 to first election for professions previously unregulated under the Act

      s 52Ains SL2004‑52 s 11

      am SL2005‑14 s 15; SL2006‑38 s 5

      (7)-(11) exp 9 January 2007 (s 52A (11))

      Application of ch 2 to first election of medical board under Act

      s 52Bins SL2004‑52 s 11

      am SL2005‑14 s 15

      exp 8 July 2005 (s 52B (10))

      Application of ch 2 to elections if board suspended

      s 52Cins SL2004‑52 s 11

      Casual and temporary vacancies in elected positions

      div 2.3.3 hdg        orig div 2.3.3 hdg renum as div 2.3.4 hdg

      (prev div 2.3.2 hdg) renum R1 LA (see SL2004‑52 s 12)

      Notice of long casual vacancy

      s 54am SL2004‑52 s 14

      Publication of notice about casual vacancy

      s 55am SL2004‑52 s 14

      Publication of candidates’ details

      s 57am SL2004‑52 s 14; A2011‑52 amdt 3.108

      Determination of candidate to fill vacancy

      s 58am SL2004‑52 s 14

      Board nominees

      s 59am SL2004‑52 s 14; SL2005‑14 s 16

      Disputed elections

      div 2.3.4 hdg        orig div 2.3.4 hdg renum as div 2.3.5 hdg

      (prev div 2.3.3 hdg) renum R1 LA (see SL2004‑52 s 12)

      Registrar to serve copies of disputed election application

      s 70am SL2004‑52 s 14

      Illegal election practices

      s 78am SL2004‑52 s 14

      Registrar to serve copies of court declarations on certain people

      s 86am SL2004‑52 s 14

      Electoral offences

      div 2.3.5 hdg        (prev div 2.3.4 hdg) renum R1 LA (see SL2004‑52 s 12)

      Presence at board meetings

      s 101am A2008‑28 amdt 3.97

      Application for registration—Act, s 37 (5) (a)

      s 112sub SL2007‑1 s 6

      Registration of health professionals

      s 113am A2008‑36 amdt 1.336

      Suitability to practise requirements

      s 114sub SL2007‑1 s 7

      General competence to practise

      s 115am SL2005‑14 s 17; SL2007‑1 s 8, s 9; pars, ss renum R12 LA; A2008‑36 amdt 1.337; A2008‑26 amdt 2.81

      Short-term registration—Act, s 37 (5) (b)

      s 115Ains SL2007‑1 s 10

      Length of registration

      s 120sub SL2005‑14 s 18

      am SL2010‑43 s 5; SL2012‑25 s 4

      When does registration end?

      s 124am A2008‑36 amdt 1.338

      Failure to meet insurance requirement

      s 125am A2008‑36 amdt 1.339

      Obligation to maintain competence and continue professional development

      s 129am SL2007‑1 s 11

      Standards for maintenance of competence

      s 131am A2011‑52 amdt 3.106

      Use of information about continuing competence etc

      s 132am SL2006‑28 s 4

      Standards statements

      s 134am SL2005‑14 s 19; A2011‑52 amdt 3.108

      Pattern of practice or particular acts

      s 135sub A2008‑36 amdt 1.340

      Substances that affect health professional’s abilities

      s 142sub SL2005‑14 s 20; A2008‑26 amdt 2.82

      Controlled medicines and prohibited substances for patients

      s 143sub A2008‑26 amdt 2.82

      Practising under allowed name

      s 149Ains SL2005‑14 s 21

      Behaviour that contravenes another law

      s 150am SL2007‑43 s 4, s 5

      Register

      s 151am A2008‑36 amdt 1.341

      Contents of register

      s 152am SL2005‑14 s 22

      Reviewable decisions

      ch 5A hdgins A2008‑36 amdt 1.342

      Reviewable decisions—Act, s 47

      s 157AAins A2008‑36 amdt 1.342

      Right of review and notice—Act, s 48 and s 49 (a)

      s 157ABins A2008‑36 amdt 1.342

      Miscellaneous

      ch 6 hdgins SL2005‑14 s 23

      Inspection of incorporated documents

      s 157Ains SL2005‑14 s 23

      Notification of certain incorporated documents

      s 157Bins SL2005‑14 s 23

      am A2011‑52 amdt 3.107

      Approved forms—health profession boards

      s 157Cins SL2005‑14 s 23

      am A2011‑52 amdt 3.108

      Modifications of Act, pt 15—Act, s 152

      s 158ins SL2004‑52 s 13

      om A2005‑28 amdt 1.64

      Modification of Act, pt 15—Act, s 152

      s 159ins SL2006‑2 s 4

      exp 9 July 2006 (s 159 (2))

      Modification of Act, pt 15—Act, s 152

      s 160ins SL2006‑3 s 4

      exp 18 November 2006 (s 160 (2))

      Regulated professions

      sch 1sub SL2005‑14 s 24; SL2007‑1 s 12; A2010‑10 amdt 2.46

      sch 1 item 1orig item 1

      sub SL2005‑14 s 24; SL2007‑1 s 12; A2010‑10 amdt 2.46

      om SL2010‑43 s 6

      pres item 1

      ins as item 2 SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      ins as item 2 SL2006‑1 s 4

      sub SL2007‑1 s 12; A2010‑10 amdt 2.46

      renum as item 1 R25 LA

      sch 1 item 2ins as item 3 SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      ins SL2006‑1 s 4

      sub SL2007‑1 s 12; A2010‑10 amdt 2.46

      renum as item 2 R25 LA

      om SL2012‑25 s 5

      sch 1 item 3renum as item 2

      sch 1 item 4ins SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 5ins SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 6ins SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 7ins SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 8ins SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 9ins SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 10        ins SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 11        ins SL2005‑14 s 24 (s 24 om before commenced by SL2007‑1 s 41)

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 12        ins SL2006‑28 s 5 (item 12 also ins SL2006‑38 s 6; renum as item 14)

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 13        ins SL2006‑28 s 5

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      sch 1 item 14        ins as item 12 SL2006‑38 s 6

      renum as item 14 R7 LA

      sub SL2007‑1 s 12

      om A2010‑10 amdt 2.46

      Medical practitioners

      sch 2ss renum R1 LA

      sub SL2005‑14 s 24

      om A2010‑10 amdt 2.47

      note to sch 2         ins SL2007‑1 s 13

      am A2008‑26 amdt 2.83

      om A2010‑10 amdt 2.47

      Definitions—sch 2

      s 2.1Ains SL2007‑1 s 14

      om A2010‑10 amdt 2.47

      def board ins SL2007‑1 s 14

      om A2010‑10 amdt 2.47

      def medical practitioner ins SL2007‑1 s 14

      om A2010‑10 amdt 2.47

      def regulatory authority ins SL2007‑1 s 14

      om A2010‑10 amdt 2.47

      General area of operation of medical profession—Act, s 22 (1) (a)

      s 2.1ins SL2005‑14 s 24

      om A2010‑10 amdt 2.47

      Qualifications as suitability to practise requirements for medical practitioners—Act, s 23 (a)

      s 2.2ins SL2005‑14 s 24

      am SL2007‑1 s 15, s 23; SL2007‑19 s 4

      om A2010‑10 amdt 2.47

      Mental and physical health as suitability to practise requirements—Act, s 23 (b)

      s 2.3ins SL2005‑14 s 24

      om SL2007‑1 s 16

      Specialist areas and suitability to practise requirements—Act, s 23 (c)

      s 2.4ins SL2005‑14 s 24

      am SL2006‑28 s 6, s 7; items renum R10 LA; SL2007‑1 ss 17‑19, s 23; items renum R12 LA; SL2008‑53 s 4; items renum R18 LA; SL2010‑13 s 4; items renum R23 LA

      om A2010‑10 amdt 2.47

      Maintenance and demonstration of professional development, continued competence and recency of practice for medical practitioners—Act, s 23 (d)

      s 2.5ins SL2005‑14 s 24

      sub SL2007‑1 s 20

      om A2010‑10 amdt 2.47

      Medical board membership—Act, s 24

      s 2.6sub SL2005‑14 s 24

      am SL2007‑1 s 23

      om A2010‑10 amdt 2.47

      Required insurance policy—Act, s 37 (1) (d)

      s 2.7ins SL2005‑14 s 24

      am SL2007‑1 s 21, s 23

      om A2010‑10 amdt 2.47

      Application requirements—Act, s 37 (5) (a)

      s 2.8ins SL2005‑14 s 24

      sub SL2007‑1 s 22

      om A2010‑10 amdt 2.47

      Conditional registration of student medical practitioners—Act, s 37 (5) (b)

      s 2.9ins SL2005‑14 s 24

      sub SL2007‑1 s 22

      om A2010‑10 amdt 2.47

      Short-term conditional registration—Act, s 37 (5) (b)

      s 2.10ins SL2005‑14 s 24

      om SL2007‑1 s 22

      Conditional registration for non-practising medical practitioners—Act, s 37 (5) (b)

      s 2.11ins SL2005‑14 s 24

      am SL2007‑1 s 23

      om A2010‑10 amdt 2.47

      Conditional registration in limited circumstances—Act, s 37 (5) (b)

      s 2.12ins SL2005‑14 s 24

      am SL2007‑1 s 23; A2008‑26 amdt 2.84

      om A2010‑10 amdt 2.47

      Conditional registration not limited

      s 2.13ins SL2005‑14 s 24

      om A2010‑10 amdt 2.47

      Registration end date—s 121 (c)

      s 2.14ins SL2005‑14 s 24

      om A2010‑10 amdt 2.47

      Nurses

      sch 3ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      note to sch 3         ins SL2007‑1 s 24

      am A2008‑26 amdt 2.85

      om A2010‑10 amdt 2.47

      Definitions for sch 3

      s 3.1ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      def board ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      def enrolled nurse ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      sub SL2007‑1 s 25

      om A2010‑10 amdt 2.47

      def nurse ins SL2007‑19 s 5

      om A2010‑10 amdt 2.47

      def nurse practitioner ins SL2006‑1 s 5

      sub SL2007‑1 s 26

      om A2010‑10 amdt 2.47

      def nursing and midwifery regulatory authority ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      def re-entry course ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      def register ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      def registered nurse ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      General area of operation of nursing profession—Act, s 22 (1) (a)

      s 3.2ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      What does enrolment allow?

      s 3.3ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      Board responsible for assessing courses for nurses etc

      s 3.4ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      Qualifications as suitability to practise requirements for registered and enrolled nurses—Act, s 23 (a)

      s 3.5ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      Mental and physical health and communication skills as suitability to practise requirements—Act, s 23 (b)

      s 3.6ins SL2006‑1 s 5

      om SL2007‑1 s 27

      Specialist areas and suitability to practise requirements—Act, s 23 (c)

      s 3.7ins SL2006‑1 s 5

      am SL2007‑1 s 28

      om A2010‑10 amdt 2.47

      Maintenance and demonstration of professional development, continued competence and recency of practice for nurses—Act, s 23 (d)

      s 3.8ins SL2006‑1 s 5

      sub SL2007‑1 s 29

      om A2010‑10 amdt 2.47

      Board membership—Act, s 24

      s 3.9ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      sub SL2007‑19 s 6

      om A2010‑10 amdt 2.47

      Application requirements—Act, s 37 (5) (a)

      s 3.10ins SL2006‑1 s 5

      om SL2007‑1 s 30

      Short-term registration—Act, s 37 (5) (b)

      s 3.11ins SL2006‑1 s 5

      om SL2007‑1 s 30

      Conditional registration of overseas nurses—Act, s 37 (5) (b)

      s 3.12ins SL2006‑1 s 5

      am SL2007‑1 s 31

      om A2010‑10 amdt 2.47

      Conditional registration and enrolment for refresher course—Act, s 37 (5) (b)

      s 3.13ins SL2006‑1 s 5

      am SL2007‑1 s 31

      om A2010‑10 amdt 2.47

      Midwives

      sch 4ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      note to sch 4         ins SL2007‑1 s 32

      am A2008‑26 amdt 2.86

      om A2010‑10 amdt 2.47

      Definitions for sch 4

      s 4.1ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      def board ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      def midwife ins SL2007‑1 s 33

      om A2010‑10 amdt 2.47

      def nursing and midwifery regulatory authority ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      def re-entry course ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      def refresher course ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      General area of operation of midwifery profession—Act, s 22 (1) (a)

      s 4.2ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      Board responsible for assessing courses for midwives etc

      s 4.3ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      Qualifications as suitability to practise requirements for midwives—Act, s 23 (a)

      s 4.4ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      Maintenance and demonstration of professional development, continued competence and recency of practice for midwives—Act, s 23 (d)

      s 4.5ins SL2006‑1 s 5

      sub SL2007‑1 s 34

      om A2010‑10 amdt 2.47

      Maintenance and demonstration of continued competence, recency of practice and professional development—Act, s 23 (d)

      s 4.6ins SL2006‑1 s 5

      om SL2007‑1 s 34

      Board membership—Act, s 24

      s 4.7ins SL2005‑14 s 24 (om before commenced by SL2006‑1 s 7)

      ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      Application requirements—Act, s 37 (5) (a)

      s 4.8ins SL2006‑1 s 5

      om SL2007‑1 s 35

      Short-term registration—Act, s 37 (5) (b)

      s 4.9ins SL2006‑1 s 5

      om SL2007‑1 s 35

      Conditional registration of overseas midwives—Act, s 37 (5) (b)

      s 4.10ins SL2006‑1 s 5

      am SL2007‑1 s 36

      om A2010‑10 amdt 2.47

      Conditional registration for refresher course—Act, s 37 (5) (b)

      s 4.11ins SL2006‑1 s 5

      am SL2007‑1 s 36

      om A2010‑10 amdt 2.47

      Conditional registration not limited

      s 4.12ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      Registration end date—s 120 (b) (i) and s 121 (c)

      s 4.13ins SL2006‑1 s 5

      om A2010‑10 amdt 2.47

      Pharmacists

      sch 5ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      note to sch 5         am A2008‑26 amdt 2.87

      om A2010‑10 amdt 2.47

      Definitions—sch 5

      s 5.1ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def board ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def close relative ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def community pharmacy ins SL2007‑1 s 37

      sub SL2008‑42 amdt 6.1

      om A2010‑10 amdt 2.47

      def institution ins SL2007‑1 s 37

      om SL2008‑42 amdt 6.1

      def pharmacist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def pharmacy ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def regulatory authority ins SL2007‑1 s 37

      am SL2008‑42 amdt 6.2

      om A2010‑10 amdt 2.47

      def residential care ins SL2007‑1 s 37

      om SL2008‑42 amdt 6.3

      def residential care facility ins SL2007‑1 s 37

      om SL2008‑42 amdt 6.3

      Restriction on pharmacy premises—supermarkets

      s 5.2ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2008‑26 amdt 2.88

      Standard of premises

      s 5.3ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      General area of operation of pharmacy profession—Act, s 22 (1) (a)

      s 5.4ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Qualifications as suitability to practise for individual pharmacists—Act, s 23 (a)

      s 5.5ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Qualifications as suitability to practise as corporate pharmacist—Act, s 23 (a)

      s 5.6ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Maintenance and demonstration of professional development, continued competence and recency of practice for individual pharmacists—Act, s 23 (d)

      s 5.7ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Board membership—Act, s 24

      s 5.8ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Required insurance policy—Act, s 37 (1) (d)

      s 5.9ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration of pharmacists with unapproved qualifications—Act, s 37 (5) (b)

      s 5.10ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration for pharmacists who want to teach etc—Act, s 37 (5) (b)

      s 5.11ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration for non-practising pharmacists—Act, s 37 (5) (b)

      s 5.12ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration not limited

      s 5.13ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Operation of pharmacy on death of pharmacist

      s 5.14ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 5.15ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Dentists, dental hygienists and dental therapists

      sch 6ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      note to sch 6         am A2008‑26 amdt 2.89

      om A2010‑10 amdt 2.47

      Definitions—sch 6

      s 6.1ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def board ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def dental care provider ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def dental hygienist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def dental procedure ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def dental therapist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def dentist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def dentist procedure ins SL2007‑1 s 37

      am A2008‑26 amdt 2.90

      om A2010‑10 amdt 2.47

      def general dental procedure ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def regulatory authority ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def under the supervision of a dentist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      General area of operation of dentist profession—Act, s 22 (1) (a)

      s 6.2ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      General area of operation of dental hygienist profession—Act, s 22 (1) (a)

      s 6.3ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      General area of operation of dental therapist profession—Act, s 22 (1) (a)

      s 6.4ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Qualifications as suitability to practise requirements for dental care providers—Act, s 23 (a)

      s 6.5ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Qualifications as suitability to practise requirements for dental therapists—Act, s 23 (a)—transitional

      s 6.6ins SL2007‑1 s 37

      am SL2007‑43 s 6

      exp 9 January 2009 (s 6.6 (4) (LA s 88 declaration applies))

      Specialist areas and suitability to practise requirements—Act, s 23 (c)

      s 6.7ins SL2007‑1 s 37

      am SL2008‑53 s 5

      om A2010‑10 amdt 2.47

      Maintenance and demonstration of professional development, continued competence and recency of practice for dental care providers—Act, s 23 (d)

      s 6.8ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Board membership—Act, s 24

      s 6.9ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Required insurance policy—Act, s 37 (1) (d)

      s 6.10ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration of students—Act, s 37 (5) (b)

      s 6.11ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration of dentist with unapproved qualifications—Act, s 37 (5) (b)

      s 6.12ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration for dentists who want to teach etc—Act, s 37 (5) (b)

      s 6.13ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration for non-practising dentists—Act, s 37 (5) (b)

      s 6.14ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration not limited

      s 6.15ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 6.16ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Psychologists

      sch 7ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      note to sch 7         am A2008‑26 amdt 2.91

      om A2010‑10 amdt 2.47

      Definitions—sch 7

      s 7.1ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def board ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def psychologist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      def regulatory authority ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      General area of operation of psychology profession—Act, s 22 (1) (a)

      s 7.2ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Qualifications as suitability to practise requirements for psychologists—Act, s 23 (a)

      s 7.3ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Maintenance and demonstration of professional development, continued competence and recency of practice for psychologists—Act, s 23 (d)

      s 7.4ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Board membership—Act, s 24

      s 7.5ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Required insurance policy—Act, s 37 (1) (d)

      s 7.6ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration of student psychologists—Act, s 37 (5) (b)

      s 7.7ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration for non-practising psychologists—Act, s 37 (5) (b)

      s 7.8ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Conditional registration not limited

      s 7.9ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 7.10ins SL2007‑1 s 37

      om A2010‑10 amdt 2.47

      Dental technicians

      sch 8ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43

      note to sch 8         am A2008‑26 amdt 2.92

      sub A2010‑10 amdt 2.48

      om SL2010‑43

      Definitions—sch 8

      s 8.1ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      def board ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      def dental prosthetic appliance ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      def dental prosthetic service ins SL2007‑1 s 37

      om A2010‑10 amdt 2.48

      def dental prosthetist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.48

      def dental technical work ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      def dental technician ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      def dentist ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      def regulatory authority ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      General area of operation of dental technician profession—Act, s 22 (1) (a)

      s 8.2ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Qualifications as suitability to practise as individual dental technician—Act, s 23 (a)

      s 8.3ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Qualifications as suitability to practise as corporate dental technician—Act, s 23 (a)

      s 8.4ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Maintenance and demonstration of professional development, continued competence and recency of practice for dental technicians—Act, s 23 (d)

      s 8.5ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Board membership—Act, s 24

      s 8.6ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Dental technicians—required insurance policy—Act, s 37 (1) (d)

      s 8.7ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Conditional registration of dental technicians with unapproved qualifications—Act, s 37 (5) (b)

      s 8.8ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Conditional registration for dental technicians who want to teach etc—Act, s 37 (5) (b)

      s 8.9ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Conditional registration for non-practising dental technicians—Act,
      s 37 (5) (b)

      s 8.10ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Conditional registration not limited

      s 8.11ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Registration end date—s 120 (b) (i) and s 121 (c)

      s 8.12ins SL2007‑1 s 37

      sub A2010‑10 amdt 2.48

      om SL2010‑43 s 7

      Conditional registration for non-practising dental prosthetists and dental technicians—Act, s 37 (5) (b)

      s 8.13ins SL2007‑1 s 37

      om A2010‑10 amdt 2.48

      Conditional registration not limited

      s 8.14ins SL2007‑1 s 37

      om A2010‑10 amdt 2.48

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 8.15ins SL2007‑1 s 37

      om A2010‑10 amdt 2.48

      Podiatrists

      sch 9ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      note to sch 9         am A2008‑26 amdt 2.93

      om A2010‑10 amdt 2.49

      Definitions—sch 9

      s 9.1ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def board ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def podiatric surgeon ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def podiatrist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def regulatory authority ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      General area of operation of podiatry profession—Act, s 22 (1) (a)

      s 9.2ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Qualifications as suitability to practise requirements for podiatrists—Act, s 23 (a)

      s 9.3ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Maintenance and demonstration of professional development, continued competence and recency of practice for podiatrists and podiatric specialists—Act, s 23 (d)

      s 9.4ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Board membership—Act, s 24

      s 9.5ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Required insurance policy—Act, s 37 (1) (d)

      s 9.6ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Conditional registration for non-practising podiatrists—Act, s 37 (5) (b)

      s 9.7ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Conditional registration not limited

      s 9.8ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 9.9ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Physiotherapists

      sch 10ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      note to sch 10       am A2008‑26 amdt 2.94

      om A2010‑10 amdt 2.49

      Definitions—sch 10

      s 10.1ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def board ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def physiotherapist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def regulatory authority ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      General area of operation of physiotherapy profession—Act, s 22 (1) (a)

      s 10.2ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Qualifications as suitability to practise requirements for physiotherapists—Act, s 23 (a)

      s 10.3ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Maintenance and demonstration of professional development, continued competence and recency of practice for physiotherapists—Act, s 23 (d)

      s 10.4ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Board membership—Act, s 24

      s 10.5ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Required insurance policy—Act, s 37 (1) (d)

      s 10.6ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Conditional registration for physiotherapists on work programs—length of registration limited—Act, s 37 (5) (b)

      s 10.7ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Conditional registration for non-practising physiotherapists—Act, s 37 (5) (b)

      s 10.8ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Conditional registration not limited

      s 10.9ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 10.10ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Optometrists

      sch 11ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      note to sch 11       am A2008‑26 amdt 2.95

      om A2010‑10 amdt 2.49

      Optometrists—preliminary

      pt 11.1 hdgins A2008‑26 amdt 2.96

      om A2010‑10 amdt 2.49

      Definitions—sch 11

      s 11.1ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def board ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def competency standards ins A2008‑26 amdt 2.97

      om A2010‑10 amdt 2.49

      def optometrist ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      def optometrist restricted medicines authority ins A2008‑26 amdt 2.97

      om A2010‑10 amdt 2.49

      def regulatory authority ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Optometrists—regulation generally

      pt 11.2 hdgins A2008‑26 amdt 2.98

      om A2010‑10 amdt 2.49

      General area of operation of optometry profession—Act, s 22 (1) (a)

      s 11.2ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Qualifications as suitability to practise requirements for optometrists—Act, s 23 (a)

      s 11.3ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Maintenance and demonstration of professional development, continued competence and recency of practice for individual optometrists—Act, s 23 (d)

      s 11.4ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Board membership—Act, s 24

      s 11.5ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Required insurance policy—Act, s 37 (1) (d)

      s 11.6ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Conditional registration for non-practising optometrists—Act, s 37 (5) (b)

      s 11.7ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Conditional registration not limited

      s 11.8ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 11.9ins SL2007‑1 s 37

      om A2010‑10 amdt 2.49

      Optometrists—restricted medicines authorities

      pt 11.3 hdgins A2008‑26 amdt 2.99

      om A2010‑10 amdt 2.49

      Competency standards for optometrist restricted medicines authorities

      s 11.10ins A2008‑26 amdt 2.99

      am SL2008‑42 amdt 6.4

      om A2010‑10 amdt 2.49

      Maximum term of optometrist restricted medicines authorities

      s 11.11ins A2008‑26 amdt 2.99

      om A2010‑10 amdt 2.49

      Issue of optometrist restricted medicines authorities

      s 11.12ins A2008‑26 amdt 2.99

      am SL2008‑42 amdt 6.4

      om A2010‑10 amdt 2.49

      Conditions of optometrist restricted medicines authorities

      s 11.13ins A2008‑26 amdt 2.99

      om A2010‑10 amdt 2.49

      Amending conditions of optometrist restricted medicines authorities on board’s initiative

      s 11.14ins A2008‑26 amdt 2.99

      om A2010‑10 amdt 2.49

      Amending conditions of optometrist restricted medicines authorities on application by authority-holder

      s 11.15ins A2008‑26 amdt 2.99

      om A2010‑10 amdt 2.49

      Veterinary Surgeons

      sch 12ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      note to sch 12       am A2008‑26 amdt 2.100

      Definitions—sch 12

      s 12.1ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      def AVBC ins SL2007‑1 s 37

      def board ins SL2007‑1 s 37

      def regulatory authority ins SL2007‑1 s 37

      def veterinary surgeon ins SL2007‑1 s 37

      General area of operation of veterinary surgery profession—Act, s 22 (1) (a)

      s 12.2ins SL2005‑14 s 24 (om before commenced by SL2007‑1 s 41)

      ins SL2007‑1 s 37

      Qualifications as suitability to practise requirements for veterinary surgeon—Act, s 23 (a)

      s 12.3ins SL2007‑1 s 37

      Specialist areas and suitability to practise requirements—Act, s 23 (c)

      s 12.4ins SL2007‑1 s 37

      Maintenance and demonstration of professional development, continued competence and recency of practice for veterinary surgeons—Act, s 23 (d)

      s 12.5ins SL2007‑1 s 37

      Board membership—Act, s 24

      s 12.6ins SL2007‑1 s 37

      Required insurance policy—Act, s 37 (1) (d)

      s 12.7ins SL2007‑1 s 37

      Conditional registration not limited

      s 12.8ins SL2007‑1 s 37

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 12.9ins SL2007‑1 s 37

      Chiropractors

      sch 13ins SL2006‑28 s 8 (sch 13 also ins SL2006‑38 s 7; renum as sch 15)

      sub SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      note to sch 13       am A2008‑26 amdt 2.101

      om A2010‑10 amdt 2.50

      Definitions—sch 13

      s 13.1ins SL2006‑38 s 8

      sub SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      def board ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      def chiropractor ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      def osteopath ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      def regulatory authority ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      General area of operation of chiropractic profession—Act, s 22 (1) (a)

      s 13.2ins SL2006‑38 s 8

      sub SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      Qualifications as suitability to practise requirements for chiropractors—Act, s 23 (a)

      s 13.3ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      Maintenance and demonstration of professional development, continued competence and recency of practice for chiropractors—Act, s 23 (d)

      s 13.4ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      Board membership—Act, s 24

      s 13.5ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      Required insurance policy—Act, s 37 (1) (d)

      s 13.6ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      Conditional registration for non-practising chiropractors—Act, s 37 (5) (b)

      s 13.7ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      Conditional registration not limited

      s 13.8ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 13.9ins SL2007‑1 s 38

      om A2010‑10 amdt 2.50

      Osteopaths

      sch 14ins SL2006‑28 s 8

      sub SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      note to sch 14       am A2008‑26 amdt 2.102

      om A2010‑10 amdt 2.50

      Definitions—sch 14

      s 14.1ins SL2006‑38 s 8

      sub SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      def board ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      def chiropractor ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      def osteopath ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      def regulatory authority ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      General area of operation of osteopathy profession—Act, s 22 (1) (a)

      s 14.2ins SL2006‑38 s 8

      sub SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      Qualifications as suitability to practise requirements for osteopaths—Act, s 23 (a)

      s 14.3ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      Maintenance and demonstration of professional development, continued competence and recency of practice for osteopaths—Act, s 23 (d)

      s 14.4ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      Board membership—Act, s 24

      s 14.5ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      Required insurance policy—Act, s 37 (1) (d)

      s 14.6ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      Conditional registration for non-practising osteopaths—Act, s 37 (5) (b)

      s 14.7ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      Conditional registration not limited

      s 14.8ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      Registration end date—regulation, s 120 (b) (i) and s 121 (c)

      s 14.9ins SL2007‑1 s 39

      om A2010‑10 amdt 2.50

      Medical radiation scientists

      sch 15ins SL2004‑52 s 15

      mods renum R1 LA

      om A2005‑28 amdt 1.65

      ins as sch 13 SL2006‑38 s 7

      renum as sch 15 R7 LA

      sub SL2007‑43 s 7

      om SL2012‑25 s 6

      note to sch 15       am SL2008‑42 amdt 6.5

      om SL2012‑25 s 6

      Definitions—sch 15

      s 15.1sub SL2007‑43 s 7

      om SL2012‑25 s 6

      def board sub SL2007‑43 s 7

      om SL2012‑25 s 6

      def diagnostic radiographer ins SL2007‑43 s 7

      om SL2012‑25 s 6

      def medical radiation scientist sub SL2007‑43 s 7

      om SL2012‑25 s 6

      def nuclear medicine scientist ins SL2007‑43 s 7

      om SL2012‑25 s 6

      def radiation therapist ins SL2007‑43 s 7

      om SL2012‑25 s 6

      def regulatory authority ins SL2007‑43 s 7

      om SL2012‑25 s 6

      General area of operation of diagnostic radiographer profession—Act, s 22 (1) (a)

      s 15.2sub SL2007‑43 s 7

      om SL2012‑25 s 6

      General area of operation of radiation therapist profession—Act, s 22 (1) (a)

      s 15.3ins SL2007‑28 s 4

      sub SL2007‑43 s 7

      om SL2012‑25 s 6

      General area of operation of nuclear medicine scientist profession—Act, s 22 (1) (a)

      s 15.4ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)

      s 15.5ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)

      s 15.6ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)

      s 15.7ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Maintenance and demonstration of professional development, continued competence and recency of practice for medical radiation scientists—Act, s 23 (d)

      s 15.8ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Board membership—Act, s 24

      s 15.9ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Required insurance policy—Act, s 37 (1) (d)

      s 15.10ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Conditional registration of student and graduate diagnostic radiographers—Act, s 37 (5) (b)

      s 15.11ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Conditional registration of student and graduate radiation therapists—Act, s 37 (5) (b)

      s 15.12ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Conditional registration of student and graduate nuclear medicine scientists—Act, s 37 (5) (b)

      s 15.13ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Conditional registration of diagnostic radiographer with unapproved qualifications—Act, s 37 (5) (b)

      s 15.14ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Conditional registration of radiation therapist with unapproved qualifications—Act, s 37 (5) (b)

      s 15.15ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Conditional registration of nuclear medicine scientist with unapproved qualifications—Act, s 37 (5) (b)

      s 15.16ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Conditional registration for medical radiation scientists who want to teach etc—Act, s 37 (5) (b)

      s 15.17ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Conditional registration not limited

      s 15.18ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Registration end date—regulation, s 120 (b) (i)

      s 15.19ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)—transitional

      s 15.20ins SL2007‑43 s 7

      exp 30 November 2010 (s 15.25 (1) (LA s 88 declaration applies))

      Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)—transitional

      s 15.21ins SL2007‑43 s 7

      exp 30 November 2010 (s 15.25 (1) (LA s 88 declaration applies))

      Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)—transitional

      s 15.22ins SL2007‑43 s 7

      exp 30 November 2010 (s 15.25 (1) (LA s 88 declaration applies))

      Renewal of registration mentioned in s 15.20-15.22

      s 15.23ins SL2007‑43 s 7

      exp 30 November 2010 (s 15.25 (1) (LA s 88 declaration applies))

      Board membership—Act, s 24—transitional

      s 15.24ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Expiry—s 15.20 to 15.25

      s 15.25ins SL2007‑43 s 7

      om SL2012‑25 s 6

      Modification of Act

      sch 16ins SL2006‑2 s 5

      mod renum R5 LA

      exp 9 July 2006 (s 159 (2))

      Modification of Act

      sch 17ins SL2006‑3 s 5

      am A2006‑23 amdt 1.205

      exp 18 November 2006 (s 160 (2))

      Reviewable decisions

      sch 20ins A2008‑36 amdt 1.343

      Dictionary

      dictam SL2006‑28 s 9; SL2007‑1 s 40

      def Australian Medical Council ins SL2005‑14 s 25

      om A2010‑10 amdt 2.51

      def AVBC ins A2009‑20 amdt 3.93

      def board ins SL2005‑14 s 25

      def chiropractor ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def close relative ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def community pharmacy ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def competency standards ins A2008‑26 amdt 2.103

      om A2010‑10 amdt 2.51

      def controlled medicine ins A2008‑26 amdt 2.103

      def dental care provider ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def dental hygienist ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def dental procedure ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def dental therapist ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def dentist ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def dentist procedure ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def diagnostic radiographer ins SL2007‑43 s 8

      om SL2012‑25 s 7

      def drug of dependence om A2008‑28 amdt 2.104

      def enrolled nurse ins SL2005‑14 s 25

      om A2010‑10 amdt 2.51

      def general dental procedure ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def incorporated document ins SL2005‑14 s 25

      def medical board om A2010‑10 amdt 2.51

      def medical practitioner ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def medical radiation scientist ins SL2007‑43 s 8

      om SL2012‑25 s 7

      def midwife ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def nuclear medicine scientist ins SL2007‑43 s 8

      om SL2012‑25 s 7

      def nurse ins SL2007‑19 s 7

      om A2010‑10 amdt 2.51

      def nurse practitioner ins SL2006‑1 s 6

      om A2010‑10 amdt 2.51

      def nursing and midwifery regulatory authority ins SL2006‑1 s 6

      om A2010‑10 amdt 2.51

      def optometrist ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def optometrist restricted medicines authority ins A2008‑26 amdt 2.105

      om A2010‑10 amdt 2.51

      def osteopath ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def pharmacist ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def pharmacy ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def physiotherapist ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def podiatric surgeon ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def podiatrist ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def prescribed election voter ins A2009‑20 amdt 3.93

      def prescribed member ins A2009‑20 amdt 3.93

      def prohibited substance ins A2008‑26 amdt 2.105

      def psychologist ins A2009‑20 amdt 3.93

      om A2010‑10 amdt 2.51

      def radiation therapist ins SL2007‑43 s 8

      om SL2012‑25 s 7

      def re-entry course ins SL2006‑1 s 6

      om A2010‑10 amdt 2.51

      def refresher course ins SL2006‑1 s 6

      om A2010‑10 amdt 2.51

      def register ins SL2005‑14 s 25

      om A2010‑10 amdt 2.51

      def registered nurse ins SL2005‑14 s 25

      om A2010‑10 amdt 2.51

      def regulatory authority ins SL2007‑43 s 8

      sub A2009‑20 amdt 3.94

      def relevant health profession ins SL2005‑14 s 25

      def relevant health profession schedule ins SL2005‑14 s 25

      def under the supervision of a dentist ins A2009‑20 amdt 3.95

      om A2010‑10 amdt 2.51

      def veterinary surgeon ins A2009‑20 amdt 3.95

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    18 Nov 2004
    18 Nov 2004–
    21 Nov 2004
    SL2004‑52 new regulation, amendments by SL2004‑52 and includes editorial amendments under Legislation Act
    R2
    22 Nov 2004
    22 Nov 2004–
    6 July 2005
    SL2004‑52 commenced provisions
    R3
    7 July 2005
    7 July 2005–
    8 July 2005
    A2005‑28 commenced provisions and amendments by SL2005‑14 and A2005‑28
    R4
    9 July 2005
    9 July 2005–
    16 January 2006
    A2005‑28 commenced expiry
    R5
    17 Jan 2006
    17 Jan 2006–
    1 June 2006
    SL2006‑3 amendments by SL2006‑1,
    SL2006‑2 and SL2006‑3
    R6
    2 June 2006
    2 June 2006–
    7 July 2006
    A2006‑23 amendments by A2006‑23
    R7
    8 July 2006
    8 July 2006–
    9 July 2006
    SL2006‑38 amendments by A2006‑38
    R8
    10 July 2006
    10 July 2006–
    18 Nov 2006
    SL2006‑38 commenced expiry
    R9
    19 Nov 2006
    19 Nov 2006–
    7 Dec 2006
    SL2006‑38 commenced expiry
    R10
    8 Dec 2006
    8 Dec 2006–
    6 Jan 2007
    SL2006‑38 amendments by SL2006‑28
    R11
    7 Jan 2007
    7 Jan 2007–
    8 Jan 2007
    SL2007‑1 amendments by SL2005‑14 as amended by SL2006‑1, SL2006‑38 and SL2007‑1
    R12
    9 Jan 2007
    9 Jan 2007–
    9 Jan 2007
    SL2007‑1 amendments by SL2007‑1
    R13
    10 Jan 2007
    10 Jan 2007–
    23 July 2007
    SL2007‑1 commenced expiry
    R14
    24 July 2007
    24 July 2007–
    27 Sept 2007
    SL2007‑19 amendments by SL2007‑19
    R15
    28 Sept 2007
    28 Sept 2007–
    20 Dec 2007
    SL2007‑28 amendments by SL2007‑28
    R16
    21 Dec 2007
    21 Dec 2007–
    25 Aug 2008
    SL2007‑43 amendments by SL2007‑43
    R17
    26 Aug 2008
    26 Aug 2008–
    22 Dec 2008
    A2008‑28 amendments by A2008‑28
    R18
    23 Dec 2008
    23 Dec 2008–
    9 Jan 2009
    SL2008‑53 amendments by SL2008‑53
    R19
    10 Jan 2009
    10 Jan 2009–
    1 Feb 2009
    SL2008‑53 commenced expiry
    R20
    2 Feb 2009
    2 Feb 2009–
    13 Feb 2009
    SL2008‑53 amendments by A2008‑36
    R21*
    14 Feb 2009
    14 Feb 2009–
    21 Sept 2009
    SL2008‑53 amendments by A2008‑26 and SL2008‑42
    R22
    22 Sept 2009
    22 Sept 2009–
    19 Apr 2010
    A2009‑20 amendments by A2009‑20
    R23
    20 Apr 2010
    20 Apr 2010–
    30 June 2010
    SL2010‑13 amendments by SL2010‑13
    R24*
    1 July 2010
    1 July 2010–
    1 Nov 2010
    SL2010‑13 amendments by A2010‑10
    R25
    2 Nov 2010
    2 Nov 2010–
    30 Nov 2010
    SL2010‑43 amendments by SL2010‑43
    R26
    3 Dec 2010
    1 Dec 2010–
    11 Dec 2011
    SL2010‑43 commenced expiry
    R27
    12 Dec 2011
    12 Dec 2011–
    30 June 2012
    A2011‑52 amendments by A2011‑52
    R28
    1 July 2012
    1 July 2012–
    1 Dec 2015
    SL2012‑25 amendments by SL2012‑25
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