Health Practitioner Regulation National Law Regulation 2018

This Regulation may be cited as the Health Practitioner Regulation National Law Regulation 2018.

This Regulation, other than section 41, commences on 1 December 2018.

Section 41 commences—

for Western Australia—on the day this Regulation is published in the Gazette; and

for all other participating jurisdictions—on the day this Regulation is published by the Victorian Government Printer.

Part 2 National Boards and registers

Each of the following National Health Practitioner Boards is continued for the health profession or professions listed beside that Board in the following table—

Table—National Boards

Name of Board Health profession

Aboriginal and Torres Strait Islander Health Practice Board of Australia

Chinese Medicine Board of Australia

Aboriginal and Torres Strait Islander health practice

Chinese medicine

Chiropractic Board of Australia chiropractic

Dental Board of Australia dental (including the profession of a

dentist, dental therapist, dental hygienist, dental prosthetist or oral health therapist)

Medical Board of Australia medical

Part 2 National Boards and registers

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Name of Board Health profession

Medical Radiation Practice Board of Australia

Nursing and Midwifery Board of Australia

Occupational Therapy Board of Australia

medical radiation practice

nursing midwifery

occupational therapy

Optometry Board of Australia optometry Osteopathy Board of Australia osteopathy Paramedicine Board of Australia paramedicine Pharmacy Board of Australia pharmacy Physiotherapy Board of Australia physiotherapy Podiatry Board of Australia podiatry Psychology Board of Australia psychology

Part 3 Application of AIC Act

For the purposes of section 212A(2)(c) of the Law, this Part sets out modifications of the AIC Act as it applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.

The AIC Act applies as if—

a reference to any of the following were a reference to the National Health Practitioner Privacy Commissioner—

the Freedom of Information Commissioner;

the Privacy Commissioner;

an information officer; and

a reference to the Minister were a reference to a member of the Ministerial Council nominated by that Council; and

a reference to the Governor-General were a reference to the Ministerial Council; and

a reference to an annual report were a reference to the annual report mentioned in section 10.

The AIC Act applies as if it were modified—

so that the following provisions of the Act do not apply—

the provisions about the appointment, and the general terms and conditions of service, of information officers (other than the provisions providing for the appointment of an acting information officer); and

the provisions about the remuneration, and the leave of absence, of information officers; and

to provide that the National Health Practitioner Privacy Commissioner is appointed with the remuneration, and on the terms and conditions, decided by the Ministerial Council; and

to provide that a person may be appointed to act as an information officer despite the person not holding a degree from a university, or an educational qualification of a similar standing, after studies in the field of law; and

to provide that the National Health Practitioner Privacy Commissioner may, for the purposes of performing the Commissioner’s functions or powers—

employ staff in a way the Commissioner considers appropriate; and

engage contractors or consultants in a way the Commissioner considers appropriate; and

enter into arrangements with another entity relating to the provision of staff or other resources by that entity to the Commissioner; and

delegate all or any of the functions or powers to any person the Commissioner considers appropriate.

The AIC Act applies as if it were modified to provide that the National Health Practitioner Privacy Commissioner must—

ensure the Commissioner’s operations are carried out efficiently, effectively and economically; and

keep proper books and records in relation to the funds held by the Commissioner; and

ensure expenditure is made from the funds held by the Commissioner only for lawful purposes and, as far as possible, reasonable value is obtained for amounts expended from the funds; and

ensure the Commissioner’s procedures, including internal control procedures, afford adequate safeguards with respect to—

the correctness, regularity and propriety of payments made from the funds held by the Commissioner; and

receiving and accounting for payments made to the Commissioner; and

prevention of fraud or mistake; and

take any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in the annual report mentioned in section 10; and

take any action necessary to facilitate the audit of the financial statements; and

arrange for any further audit by a qualified person of records kept by the Commissioner in relation to the funds held by the Commissioner, if directed to do so by the Ministerial Council.

The AIC Act applies as if it were modified to provide that—

the National Health Practitioner Privacy Commissioner must, within 3 months after the end of each financial year, submit an annual report for the financial year to the Ministerial Council; and

the annual report must include—

a financial statement for the period to which the report relates that—

has been prepared in accordance with Australian Accounting Standards; and

has been audited by the Auditor-General (however described) of a State or Territory, or an auditor employed, appointed or otherwise engaged by an Auditor-General; and

Health Practitioner Regulation National Law Regulation 2018

Part 3 Application of AIC Act

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a report about the performance of the Commissioner’s functions under the Act during the period to which the report relates; and

each member of the Ministerial Council must lay a copy of the annual report before each House of the Parliament of the jurisdiction the member represents.

The AIC Act applies—

as if it were modified so that the National Health Practitioner Privacy Commissioner has only the privacy functions conferred under the Privacy Act; and

as if it were modified so that the National Health Practitioner Privacy Commissioner must disclose to the Ministerial Council any material personal interest the Commissioner has in a matter relating to the discharge of the Commissioner’s responsibilities under the Act; and

as if it were modified so that the provisions of the Act relating to any of the following do not apply—

the establishment of the Office of the Australian Information Commissioner;

a review of the operations of the Act;

disclosures of interests;

Note. See paragraph (b) for the requirement to disclose a material personal interest.

the Information Advisory Committee;

promoting awareness and understanding of, and the objects of, the FOI Act;

providing information, advice, assistance and training on matters relevant to the operation of the FOI Act;

reporting on matters relating to a Commonwealth Government policy or practice about managing information held by the Commonwealth Government;

reports and recommendations about legislative change;

[s 11]

the functions and powers mentioned in sections 11 and 12 of the Act; and

Part 3 Application of AIC Act

with any other modifications that are necessary.

For subsection (1)(b), the Commissioner has a material personal interest in the matter if any of the following stand to gain a benefit or suffer a loss (either directly or indirectly) because of the discharge of the Commissioner’s responsibilities—

the Commissioner;

a spouse of the Commissioner;

a parent of the Commissioner or the Commissioner’s spouse;

a grandparent of the Commissioner or the Commissioner’s spouse;

a brother, sister, nephew or niece of the Commissioner or the Commissioner’s spouse;

a child of the Commissioner or the Commissioner’s spouse;

a grandchild of the Commissioner or the Commissioner’s spouse;

the spouse of any person mentioned in paragraphs (c) to (g).

In this section—

spouse includes de facto partner and civil partner.

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Part 4 Application of FOI Act