Health Practitioner Regulation National Law (ACT) Act 2010

This Act is the Health Practitioner Regulation National Law (ACT) Act 2010.

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

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

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

Terms used in this Act and also in the Health Practitioner Regulation National Law (ACT) have the same meanings in this Act as they have in that Law.

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2 Adoption of Health Practitioner Regulation National Law

The Health Practitioner Regulation National Law, as in force from time to time, set out in the schedule to the Qld Act—

applies as a territory law, as modified by schedule 1; and

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

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

In the Health Practitioner Regulation National Law (ACT):

magistrates court means the Magistrates Court.

the State means the Territory.

this jurisdiction means the ACT.

The ACAT is declared to be the responsible tribunal for this jurisdiction for the Health Practitioner Regulation National Law (ACT).

Note Responsible tribunal—see the Health Practitioner Regulation National Law (ACT), s 5.

The following territory laws do not apply to the Health Practitioner Regulation National Law (ACT) or to instruments made under that Law:

the Annual Reports (Government Agencies) Act 2004;

the Auditor-General Act 1996;

the Criminal Code 2002;

the Financial Management Act 1996;

the Freedom of Information Act 2016;

the Legislation Act 2001;

the Ombudsman Act 1989;

the Public Sector Management Act 1994.

Note The Health Practitioner Regulation National Law (ACT), s 198 provides that the provisions about appeals in the Law apply despite the ACT Civil and Administrative Tribunal Act 2008, but does not otherwise limit that Act.

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1 Modifications—Health Practitioner Regulation National Law

(see s 6)

[1.1] New section 35A insert

35A National Board consideration of criminal history

In making a decision under this Act that relates to an individual’s criminal history, a National Board must consider—

the individual’s criminal record; and

the inherent requirements of the profession, division or recognised specialty, for which the individual is seeking registration; and

whether or not there is a high degree of direct connection between the individual’s criminal record and the inherent requirements of the profession, division or recognised specialty.

If guidelines have been made by the National Board for this section, the board must also consider the guidelines when making the decision.

[1.2] Section 150 (1) omit everything before paragraph (a), substitute

If a National Board receives a complaint, the board must, as soon as practicable after its receipt—

[1.3] New section 150 (4A) insert

The action that may be taken in relation to a notification or complaint, or part of a notification or complaint, from most serious to least serious, is as follows:

deal with the notification or complaint, or part, under part 8, division 7 (Immediate action);

deal with the notification or complaint, or part, under part 8, division 7A (Interim prohibition orders);

refer the notification or complaint, or part, to the responsible tribunal under part 8, division 12 (Referring matter to responsible tribunals);

refer the notification or complaint, or part, to the health complaints entity to be considered under the Human Rights Commission Act 2005;

refer the notification or complaint, or part, to another entity under section 150A (Referral to other entities);

investigate the notification or complaint, or part, under part 8, division 8 (Investigations);

deal with the notification or complaint, or part, as a professional standards matter under part 8, division 11 (Panels);

deal with the notification or complaint, or part, as a health matter under part 8, division 11 (Panels);

take action under part 8, division 10 (Action by National Board);

decide to take no further action in relation to the notification, complaint, or part, in accordance with section 151 (When National Board may decide to take no further action).

[1.4] Section 150 (5) omit

If an investigation, conciliation or other action taken by a health complaints entity substitute

If an investigation or other action taken by a health complaints entity, other than a conciliation,

[1.5] New section 150 (5A) insert

If a notification or complaint is referred to the health complaints entity for consideration under subsection (4A) (c), the health complaints entity must report the results of the consideration to the National Board as soon as practicable.

[1.6] Section 151 (1) omit

A National Board substitute

Subject to section 150, a National Board

[1.7] Section 152 (2) substitute

The notice must advise the registered health practitioner or student of—

the nature of the notification; and

the powers that the board might exercise in relation to the notification; and

the procedural rights that the health practitioner or student has under this Act.

If a National Board approves a form for the notice, the notice must be in the approved form.

[1.8] Section 160 (1) omit

A National Board substitute

Subject to section 150, a National Board

[1.9] New section 166 (3) insert

The National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.

[1.10] Section 167 omit everything before paragraph (a), substitute

167 Joint decision by National Board and health complaints entity

The National Board must consider the investigator’s report jointly with the health complaints entity and attempt to reach agreement on how the matter that is the subject of the report is to be dealt with.

After consideration under subsection (1), the National Board must decide—

[1.11] New section 167 (3) and (4) insert

However, if the National Board and the health complaints entity are not able to reach agreement on how the matter is to be dealt with, the decision of the board under subsection (2) must be to take the most serious action proposed by either the board or the health complaints entity.

The actions that may be taken in relation to the matter, from most serious to least serious, are the actions set out in section 150 (4A).

[1.12] New section 172 (2) (ca) and (cb) insert

the powers that the board might exercise in relation to the assessment; and

the procedural rights that the health practitioner or student has under this Act.

[1.13] New section 172 (3) insert

If a National Board approves a form for the notice, the notice must be in the approved form.

[1.14] Section 175 omit

The assessor must substitute

The assessor must

[1.15] New section 175 (2) insert

If the report relates to a performance assessment, the National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.

[1.16] Section 177 omit everything before paragraph (a), substitute

177 Joint decision by National Board and health complaints entity

The National Board must consider the report and discussions held with the registered health practitioner or student under section 176 (3).

If the assessor’s report relates to a performance assessment, the consideration must be joint consideration with the health complaints entity, and the National Board and health complaints entity must attempt to reach agreement on how the registered health practitioner or student is to be dealt with.

After consideration, the National Board may decide to—

[1.17] New section 177 (4) and (5) insert

If the report relates to a performance assessment and the National Board and the health complaints entity are not able to reach agreement on what to do in relation to the registered health practitioner or student, the decision of the board under subsection (3) must be to take the most serious action proposed by either the board or the health complaints entity.

The actions that may be taken under subsection (4), from most serious to least serious, are the actions set out in section 150 (4A).

[1.18] New section 178 (1A) insert

This section also applies if—

on jointly considering a notification, complaint or other matter, the health complaints entity is satisfied on reasonable grounds that the National Board should take action under subsection (2) (a), (b) or (c) in relation to a registered health practitioner or student registered by the board; and

the action proposed by the health complaints entity to be taken by the board is more serious than any other action proposed by the board to be taken.

[1.19] New section 178 (4) insert

If this section applies in relation to a registered health practitioner or student registered by the board because of subsection (1A), the National Board must—

jointly consider with the health complaints entity the action to be taken under subsection (2) (a), (b) or (c); and

take the action agreed after joint consideration.

[1.20] New section 184 (3) insert

The panel must also give a copy of the notice to the health complaints entity as soon as practicable.

[1.21] New section 185 (4) insert

A panel must have regard to evidence given by the health complaints entity under section 186A.

[1.22] New section 186A insert

186A Role of health complaints entity

At a hearing of a panel, the health complaints entity may—

be represented; and

give evidence about the consideration of a complaint or other matter by the health complaints entity; and

be present at the hearing even if not giving evidence.

[1.23] New section 192 (3A) insert

The National Board must also, within 30 days after the panel makes its decision, give the health complaints entity a copy of the notice given to the registered health practitioner or student.

[1.24] Schedule 5, part 1, clause 2 (3) substitute

For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.

However—

the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—

an offence against this schedule; or

an offence in relation to the falsity of the information, answer or document; and

evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.

[1.25] Schedule 6, part 1, clause 2 (3) substitute

For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.

However—

the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—

an offence against this schedule; or

an offence in relation to the falsity of the information, answer or document; and

evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 Magistrates Court

 Minister (see s 162)

 pharmacist

 territory law.

Health Practitioner Regulation National Law (ACT) means the provisions applying in this jurisdiction because of section 6.

Qld Act means the Health Practitioner Regulation National Law Act 2009 (Qld).