Health Practitioners Act 2004

(1) Subject to and for the purposes of section 72(1)(b) and (5), an inspector may exercise the following powers:

(b) require the person apparently in charge of the premises to produce for inspection any document held at the premises;

(c) inspect and take notes of or extracts from a document referred to in paragraph (b);

(e) ask questions of and require answers from persons on the premises;

(g) open and inspect containers or packages that the inspector reasonably suspects are used for the purpose of, or in connection with, the provision of health care services at the premises;

(i) require a person registered or claiming to be registered to produce a certificate of registration issued under section 124 of the Health Practitioner Regulation National Law;

(j) if the inspector reasonably suspects that this Act has been contravened – seize and, on providing a receipt, remove anything that in the reasonable opinion of the inspector is evidence of the contravention;

(k) remove, on providing a receipt, any document found on the premises to the custody and control of the Pharmacy Committee for as long as the Pharmacy Committee considers necessary or expedient.

(2) If the Pharmacy Committee is satisfied that for legitimate reasons a person needs access to a document that has been removed from premises to the custody and control of the regulatory body under subsection (1)(k), the Pharmacy Committee may:

(a) grant the person reasonable access to the document or to a copy of the document; or

(b) provide the person with a copy or certified copy of the document; or

(c) retain a copy of the document and return the original to the premises.

Part 8 Offences

106 Offences of dishonesty

(a) the person makes or gives someone a statement (whether orally or in writing); and

(b) the person knows the statement contains misleading information; and

(c) the statement is made or given in connection with an investigation being carried out by an inspector.

Maximum penalty: 100 penalty units or imprisonment for 6 months.

misleading information means information that is misleading in a material particular or because of the omission of a material particular.

107 Obstruction

A person must not obstruct, hinder, threaten or intimidate a person exercising a power or performing a function conferred on the person by this Act.

Maximum penalty: 500 penalty units.

108 Offences relating to requirements of inspector or Tribunal

(1) A person must not, without reasonable excuse, fail to assist an inspector in relation to an investigation being carried out by the inspector.

Maximum penalty: 100 penalty units or imprisonment for 6 months.

(2) A person may be directed by an inspector to answer a question despite that the answer to the question may tend to incriminate the person.

(3) The answer to a question given by a person following a direction under subsection (2) is not admissible in evidence in any other proceedings against the person other than a prosecution for perjury.

109 Threat and intimidation

A person must not threaten or intimidate a person who, in good faith, provides information about a health practitioner or anyone else in accordance with this Act.

Maximum penalty: 500 penalty units.

110 Failure to comply with orders

(1) A person must not fail to leave any proceedings of the Pharmacy Committee when ordered to do so by the Pharmacy Committee.

Maximum penalty: 50 penalty units.

(3) A person must not, contrary to an order of the Pharmacy Committee, report or otherwise disclose:

(b) any information in relation to the proceedings of the Pharmacy Committee.

Maximum penalty: 100 penalty units or imprisonment for 6 months.

Part 9 Other matters relating to health practitioners

Division 1 Obligations to provide information

112 Protection from liability

(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in providing the Pharmacy Committee with information.

(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.

Division 2 Administrative and legal matters

119 Convicted offenders may be prohibited from carrying on business

(1) The Secretary may, by notice in writing to a person convicted of an offence against this Act, prohibit the person from operating a business that provides health care services.

(a) for a fixed period (in which case the prohibition remains in force only for the fixed period); or

(b) for an unlimited period subject to an entitlement to apply after a specified time for the lifting of the prohibition (in which case the prohibition remains in force until it is lifted).

(3) A prohibition may not be imposed under this section unless the Secretary is of the opinion that the person is not a fit and proper person to operate a business that provides health care services.

(4) The Secretary is entitled to presume, in the absence of evidence to the contrary, that a person who has been convicted of an offence against this Act on 2 or more occasions in any period of 10 years is not a fit and proper person to operate a business that provides health care services.

(5) A prohibition under this section may be limited in its operation in either or both of the following ways:

(a) it may be limited to specified premises, but only where the person operates a business that provides health care services at those premises and at other premises;

(6) If a prohibition under this section is subject to an entitlement to apply after a specified time for the prohibition to be lifted, the application may be made to the Secretary after that time.

(7) The Secretary may lift the prohibition or confirm the prohibition and set a further period after which an application for the prohibition to be lifted can be made under subsection (6).

(8) A person must not operate a business that provides health care services in contravention of a prohibition under this section.

Maximum penalty: 500 penalty units.

(9) If health care services are provided on premises on which a business is carried on, it must be presumed for the purposes of subsection (8), unless the contrary is established, that the business provides those health care services.

(10) A prohibition under this section has no effect while an appeal is pending against the conviction for the offence on which the prohibition is based.

Secretary means the Chief Executive Officer of the Agency responsible for the administration of this Act.

120 Service of documents

A document required to be delivered to or served on the Pharmacy Committee may be delivered or served by:

(a) leaving it at, or sending it by post to, the Committee's address; or

(b) sending it by way of facsimile transmission to the Committee's facsimile number; or

121 Presumptions

In any proceedings, unless evidence is given to the contrary, proof is not required of:

(d) the presence of a quorum at any meeting of the Pharmacy Committee.

122 Commencement of proceedings for offences

A complaint for an offence against this Act may be commenced at any time within 3 years after the date the offence was committed or within 3 years after the date the actions constituting the offence were first discovered.

124 Evidence of facts found in other proceedings

A finding of fact relating to the conduct of a health practitioner made by a court or other tribunal in any proceedings to which the health practitioner is a party, whether in the Territory or elsewhere, is evidence of the fact in any proceedings under this Act.

127 Criminal liability of executive officer of body corporate

(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).

Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.

(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:

(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or

(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.

(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:

(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):

(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;

(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);

(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;

(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.

(5) Subsection (4) does not limit the matters the court may consider.

(6) This section does not affect the liability of the body corporate.

(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.

(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.

declared provision means:

(a) Schedule 7, clause 2(1), 3, 4(1) or (2), 5(1) or (2), 7(1), (2) or (3) or 8(1); or

executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.

131 Regulations

The Administrator may make regulations, not inconsistent with this Act, prescribing all matters:

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Part 11 Transitional matter for pharmacies

144 Pharmacy standards

(1) The standards prescribed for clause 4 of Schedule 8 and in force immediately before the commencement day are taken to be standards prescribed by the Pharmacy Committee under the clause.

commencement day means the day on which Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010 commences.

Part 12 Transitional matters for implementation of Health Practitioner Regulation National Law (NT)

Division 1 Health Practitioner (National Uniform Legislation) Implementation Act 2010

145 Definitions

In this Part:

commencement day means the day on which the implementation provisions commence.

former Board means a Board that:

(a) had been established under this Act for a category of health care practice; and

implementation provisions means Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010.

National Board means a National Board established by the Health Practitioner Regulation National Law (NT).

146 Pending complaints

(1) Subsection (2) applies if section 289 of the Health Practitioner Regulation National Law (NT) (the transitional provision) applies in relation to a complaint being dealt with immediately before the commencement day.

(2) For applying the transitional provision, this Act is the Act of the participating jurisdiction under which the complaint was made (the notification Act) even though the provision refers to the notification Act being repealed.

(3) Subsection (4) applies if, immediately before the commencement day, the Tribunal had not completed an inquiry into a complaint referred to it by a former Board.

(4) The Tribunal must deal with the complaint as the responsible Tribunal under Part 8, Division 12 of the Health Practitioner Regulation National Law (NT):

(i) the complaint had been referred to the Tribunal under that Law by a National Board; and

(ii) a reference in relation to the former Board in that Law were a reference in relation to the National Board for the health profession for which the former Board had been established; and

complaint includes a matter referred to the Tribunal by a former board under section 62(3) of this Act as in force immediately before the commencement day for an inquiry on the basis that the matter could have been grounds for a complaint.

147 Pending matters under Information and Ombudsman Acts

(1) This section applies if, immediately before the commencement day:

(a) an application in relation to information made to a former Board under Part 3, Division 2 or 3 of the Information Act 2002 had not been decided; or

(b) an application for review of a decision made to a former Board under Part 3, Division 4 of the Information Act 2002 had not been decided; or

(c) a complaint made under Part 7 of the Information Act 2002 about a decision made by a former Board had not been determined; or

(d) a complaint made under Part 5 of the Ombudsman Act 2009 in relation to an administrative action taken by a former Board had not been finally dealt with under that Act.

(a) a former Board had decided an application under Part 3, Division 2 or 3 or Part 3, Division 4 of the Information Act 2002; and

(b) on the commencement day, the applicant would have been entitled under the Information Act 2002 to apply for a review of the decision, or to make a complaint about the decision, if the implementation provisions had not commenced.

(3) The Information Act 2002 or Ombudsman Act 2009 continues to apply in relation to the application, complaint or decision:

(ii) a reference in relation to the former Board in the Information Act 2002 or Ombudsman Act 2009 were a reference in relation to the National Board for the health profession for which the former Board had been established; and

148 Principal place of practice

(1) A health practitioner's business address recorded in a register immediately before the commencement day is taken to be the health practitioner's principal place of practice under the Health Practitioner Regulation National Law (NT).

(2) Subsection (1) has effect subject to the health practitioner declaring, under the Health Practitioner Regulation National Law (NT), another place to be the health practitioner's principal place of practice.

Division 2 Health Practitioner (National Uniform Legislation) Implementation Act 2012

149 Definitions

In this Part:

commencement day means the day on which the implementation provisions commence.

former Board means the following Boards established under this Act as in force immediately before the commencement day:

implementation provisions means Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2012.

National Board means a National Board established by the Health Practitioner Regulation National Law (NT).

150 Pending complaints

(1) Subsection (2) applies if section 289 of the Health Practitioner Regulation National Law (NT) (the transitional provision) applies in relation to a complaint being dealt with immediately before the commencement day.

(2) For applying the transitional provision, this Act as in force immediately before the commencement day is the Act of the participating jurisdiction under which the complaint was made (the notification Act) even though the provision refers to the notification Act being repealed.

(3) Subsection (4) applies if, immediately before the commencement day, the Tribunal had not completed an inquiry into a complaint referred to it by a former Board.

(4) The Tribunal must deal with the complaint as the responsible Tribunal under Part 8, Division 12 of the Health Practitioner Regulation National Law (NT):

(i) the complaint had been referred to the Tribunal under that Law by a National Board; and

(ii) a reference in relation to the former Board in that Law were a reference in relation to the National Board for the health profession for which the former Board had been established; and

complaint includes a matter referred to the Tribunal by a former Board under section 62(3) of this Act as in force immediately before the commencement day for an inquiry on the basis that the matter could have been grounds for a complaint.

151 Pending matters under Information and Ombudsman Acts

(1) This section applies if, immediately before the commencement day:

(a) an application in relation to information made to a former Board under Part 3, Division 2 or 3 of the Information Act 2002 had not been decided; or

(b) an application for review of a decision made to a former Board under Part 3, Division 4 of the Information Act 2002 had not been decided; or

(c) a complaint made under Part 7 of the Information Act 2002 about a decision made by a former Board had not been determined; or

(d) a complaint made under Part 5 of the Ombudsman Act 2009 in relation to an administrative action taken by a former Board had not been finally dealt with under that Act.

(a) a former Board had decided an application under Part 3, Division 2 or 3 or Part 3, Division 4 of the Information Act 2002; and

(b) on the commencement day, the applicant would have been entitled under the Information Act 2002 to apply for a review of the decision, or to make a complaint about the decision, if the implementation provisions had not commenced.

(3) The Information Act 2002 or Ombudsman Act 2009 continues to apply in relation to the application, complaint or decision:

(ii) a reference in relation to the former Board in the Information Act 2002 or Ombudsman Act 2009 were a reference in relation to the National Board for the health profession for which the former Board had been established; and

152 Principal place of practice

(1) This section applies to a health practitioner who is registered under this Act as in force immediately before the commencement day.

(2) The health practitioner's business address recorded in a register immediately before the commencement day is taken to be the health practitioner's principal place of practice under the Health Practitioner Regulation National Law (NT).

(3) Subsection (1) has effect subject to the health practitioner declaring, under the Health Practitioner Regulation National Law (NT), another place to be the health practitioner's principal place of practice.

153 Tribunal constituted before commencement day

(1) This section applies if the Tribunal is constituted under section 6 of the Health Practitioner Regulation (National Uniform Legislation) Act 2010 as in force before the commencement day in relation to a matter.

(2) The Tribunal as so constituted is taken to have been constituted under section 63(4) of this Act on and after the commencement day in relation to the matter.

Part 13 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014

154 Definitions

In this Part:

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

commencement means the commencement of Part 10 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.

former legislation means the following as in force immediately before the commencement:

(b) the Health Practitioner Regulation (National Uniform Legislation) Act 2010.

former Tribunal means the Health Professional Review Tribunal as in existence under this Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act 2014.

new legislation means the following as in force after the commencement:

(b) the Health Practitioner Regulation (National Uniform Legislation) Act 2010;

(c) the Northern Territory Civil and Administrative Tribunal Act 2014.

155 Appellable decision notified before commencement

(a) before the commencement, a National Board or a panel had made an appellable decision; and

(i) immediately before the commencement, the appeal period for the decision had not expired and no proceeding for an appeal had been started;

(ii) before the commencement, a proceeding for an appeal had been started but not decided.

(2) If the circumstance mentioned in subsection (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of a person to appeal against the decision within the appeal period.

(3) The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the appeal regardless of whether the proceeding:

appeal period means the period within which a person is entitled to appeal an appellable decision.

156 Appellable decision made after commencement

(a) before the commencement, a person or the National Board started the process to initiate the making of an appellable decision by the National Board or panel; and

(b) the National Board or panel makes the appellable decision after the commencement.

157 Appeals and matters before former Tribunal

(i) a person had appealed against an appellable decision of the former Tribunal;

(ii) the National Board had referred a matter to the former Tribunal under section 193 of the Health Practitioner Regulation National Law (NT).

(2) The former Tribunal must continue to deal with the appeal or matter in accordance with the former legislation.

158 Decision to refer matter to former Tribunal

(1) This section applies if, before the commencement, the National Board had decided to refer a matter to the former Tribunal under section 193 of the of the Health Practitioner Regulation National Law (NT) but had not done so.

(a) the referral of the matter by the National Board to the former Tribunal; and

(b) the functions and powers of the former Tribunal in dealing with the matter.

Part 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015

159 Offences – before and after commencement

(1) Section 127, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 16 of that Act (the commencement) only if:

(a) all the conduct constituting the relevant offence occurred after the commencement; and

(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.

(a) continues to apply in relation to offences committed by a body corporate before the commencement; and

(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.