Health Practitioner Regulation National Law Regulation 2018

The Privacy Act applies as if it was modified to provide that—

the requirement for the National Health Practitioner Privacy Commissioner to make a public interest determination by legislative instrument does not apply; and

if the National Health Practitioner Privacy Commissioner makes a public interest determination, the Commissioner must, as soon as practicable after making the determination, notify the Ministerial Council in writing of the determination; and

a public interest determination commences on—

the day stated in the determination (being not earlier than the day the determination is registered); or

if no day is stated in the determination, the day that is 1 day after the day the determination is registered; and

the National Health Practitioner Privacy Commissioner must make the register of determinations available on the Commissioner’s website; and

the provisions of the Act providing for charging fees for making the register available to the public do not apply; and

unless a contrary intention appears in a public interest determination, an expression used in the determination that is also used in the Act has the same meaning in the determination as the expression has in the Act; and

Part 6 Application of Privacy Act

[s 38]

sections 246 and 247 of the Law apply to a public interest determination as if it were a regulation (other than to the extent the determination is in force in Western Australia); and

to the extent a public interest determination is in force in Western Australia, section 42 of the Interpretation Act 1984 of Western Australia applies to the determination as if—

the determination were a regulation; and

the requirement in section 42(1) to lay the determination before each House of Parliament were a requirement to lay the determination before each House of Parliament within 18 sitting days of that House after the day the determination is registered.