Health Practitioners Tribunal Act 2010

Health Practitioners Tribunal Act 2010

This Act may be cited as the Health Practitioners Tribunal Act 2010.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears – applicant means a person who applies to the Tribunal under section 21; community member means a person designated under section 13 as a community member of the Tribunal for particular proceedings; Deputy President has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020; function includes duty; health profession has the same meaning as in the National Law; member of the Tribunal has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020;National Board has the same meaning as in the National Law;National Law means the Health Practitioner Regulation National Law (Tasmania);National Law proceedings means proceedings in relation to an application under section 21(1) or (2); notification has the same meaning as in the National Law; participating jurisdiction has the same meaning as in the National Law;President has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020; proceedings means proceedings, of the Tribunal, that relate to this Act; professional member means a person designated under section 11 as a professional member of the Tribunal for particular proceedings; referring Act means a law of Tasmania, other than the National Law or the Tasmanian Civil and Administrative Tribunal Act 2020, by or under which jurisdiction is conferred on the Tribunal; registered health practitioner has the same meaning as in the National Law; registrar means the Registrar, within the meaning of the Tasmanian Civil and Administrative Tribunal Act 2020;Secretary means the Secretary of the department that is responsible, to the Minister to whom the administration of the Health Practitioner Regulation National Law (Tasmania) Act 2010 is assigned, in relation to the administration of that Act; senior member means a member of the Tribunal who – is assigned, under the Tasmanian Civil and Administrative Tribunal Act 2020, to the Health Practitioners stream; and is a senior member within the meaning of that Act; and is a legally qualified member, within the meaning of that Act;State or Territory Board has the same meaning as in the National Law; student has the same meaning as in the National Law; Tribunal means the Tasmanian Civil and Administrative Tribunal.

For the purposes of this Act, proceedings relate to one of the health professions if – the proceedings have begun by way of an application to the Tribunal under section 21(1) by the National Board for the health profession; or the proceedings have begun by way of an application to the Tribunal under section 21(2) in relation to a decision by the National Board for the health profession or a panel established under the National Law by that National Board.

In the event of any inconsistency between this Act (or the Tasmanian Civil and Administrative Tribunal Act 2020) and the National Law, the National Law prevails to the extent of the inconsistency.

In the event of any inconsistency between this Act (or the Tasmanian Civil and Administrative Tribunal Act 2020) and a referring law, the referring law prevails to the extent of the inconsistency.

For the purposes of this Act and the Tasmanian Civil and Administrative Tribunal Act 2020, proceedings in relation to a matter are to be taken to begin when an application in relation to the matter is lodged with the Tribunal under section 21.

For the purposes of this Act and the Tasmanian Civil and Administrative Tribunal Act 2020, proceedings in relation to a matter are to be taken to have concluded when the Tribunal has given the parties to the proceedings its final orders in relation to the matter.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The President may designate a member of the Tribunal as a professional member of the Tribunal for proceedings in relation to which the President has determined that the Tribunal is to be constituted in accordance with section 18(1)(b) or (c).

A person may only be designated as a professional member of the Tribunal for proceedings if the person – is a registered health practitioner in respect of the health profession to which the proceedings relate; and is, in the opinion of the President, a person with suitable skill, knowledge or experience to assist in the proceedings; and is not a member of a National Board or a State or Territory Board.

The designation of a person as a professional member ceases if – the person ceases to be a member of the Tribunal; or the person becomes a member of a National Board or a State or Territory Board; or the person ceases to be a registered health practitioner in respect of the health profession to which the proceedings relate; or the person’s registration as a health practitioner in respect of the health profession to which the proceedings relate is suspended; or immediate action under section 155(a) of the National Law has been taken in relation to the person; or the person has received a notification under the National Law and the President has notified the person, in writing, that the grounds for the notification are such that the person ought not continue as a professional member.

The President may designate a member of the Tribunal as the community member of the Tribunal for proceedings in relation to which the President has determined that the Tribunal is to be constituted in accordance with section 18(1)(c).

A person may only be designated as a community member of the Tribunal for proceedings if the person – has at no time been a registered health practitioner or been registered in respect of a health profession; and is not a member of a National Board or a State or Territory Board; and is specified on a list prepared under subsection (3).

The Minister must prepare from time to time a list of persons who are suitable to be designated under this section as community members of the Tribunal for proceedings that are National Law proceedings.

The designation of a person as a community member ceases if – the person ceases to be a member of the Tribunal; or the person becomes a member of a National Board or a State or Territory Board; or the person becomes a registered health practitioner.

A professional member must notify the President as soon as practicable after the member receives under the National Law notice of a notification about the member.

A reference in the National Law to a referral of a matter to the responsible tribunal is, for a referral of a matter in accordance with that Law to the Tribunal, a reference to an application to the Tribunal for a decision in relation to the matter.

The jurisdiction, conferred by the National Law on the Tribunal as the responsible tribunal, to hear and decide a matter referred to the Tribunal is to be taken to be jurisdiction conferred on the Tribunal to hear and decide the matter under this Act.

The Tribunal may exercise the jurisdiction, conferred by the National Law on the Tribunal as the responsible tribunal, to hear and decide a matter referred to the Tribunal in accordance with that Law if a person has, under section 21(1), applied to the Tribunal for a decision in relation to the matter.

In exercising the jurisdiction, conferred by the National Law on the Tribunal as the responsible tribunal, to hear and decide a matter referred to the Tribunal under that Law, the Tribunal may exercise the powers, and perform the functions, conferred on the Tribunal by this Act, the Tasmanian Civil and Administrative Tribunal Act 2020 or the National Law.

A reference in the National Law to an appeal against a decision is, for an appeal in accordance with that Law to the Tribunal, a reference to a review of the decision as provided under this Act.

The jurisdiction, conferred by the National Law on the Tribunal as the responsible tribunal, to hear and decide an appeal against a decision is to be taken to be jurisdiction conferred on the Tribunal to hear and decide under this Act a review of a decision.

The Tribunal may exercise the jurisdiction, conferred by the National Law on the Tribunal as the responsible tribunal, to hear and decide an appeal against a decision if a person has, under section 21(2), applied to the Tribunal for a review of the decision.

In exercising the jurisdiction, conferred by the National Law on the Tribunal as the responsible tribunal, to hear and decide an appeal against a decision, the Tribunal may exercise the powers, and perform the functions, conferred on the Tribunal by this Act, the Tasmanian Civil and Administrative Tribunal Act 2020 or the National Law.