Health Practitioner Regulation National Law (Western Australia) (WA)

Western Australia Health Practitioner Regulation National Law (Western Australia) The Health Practitioner Regulation National Law (as enacted by the Health Practitioner Regulation National Law Act 2009 (Queensland) Schedule) is applied and modified as a law of Western Australia under the Health Practitioner Regulation National Law Application Act 2024 (the WA Application Act). Provisions in Queensland Acts that amend the Health Practitioner Regulation National Law (the Law) also amend the Law as it applies in Western Australia where those amendments have effect and have commenced in Western Australia under sections 8 and 9 of the WA Application Act. This version is the Law as it applies in Western Australia (as modified and amended) as at the date specified below. It may be cited as the Health Practitioner Regulation National Law (Western Australia). Western Australia Health Practitioner Regulation National Law (Western Australia) Contents Part 1 — Preliminary 1 Short title 1 2 Commencement 1 3 Objectives 1 3A Guiding principles 1 4 How functions to be exercised 1 5 Definitions 1 6 Interpretation generally 1 7 Single national entity 1 8 Extraterritorial operation of Law 1 9 Trans‑Tasman mutual recognition principle 1 10 Law binds the State 1 Part 2 — Ministerial Council 11 Policy directions 1 12 Approval of registration standards 1 13 Approvals in relation to specialist registration 1 14 Approval of endorsement in relation to scheduled medicines 1 15 Approval of areas of practice for purposes of endorsement 1 16 How Ministerial Council exercises functions 1 17 Notification and publication of directions and approvals 1 Part 4 — Australian Health Practitioner Regulation Agency Division 1 — National Agency 23 National Agency 1 24 General powers of National Agency 1 25 Functions of National Agency 1 26 Health profession agreements 1 27 Co‑operation with participating jurisdictions and Commonwealth 1 28 Office of National Agency 1 Division 2 — Agency Board 29 Agency Board 1 30 Functions of Agency Board 1 Part 5 — National Boards Division 1 — National Boards 31 Regulations must provide for National Boards 1 31A Status of National Board 1 32 Powers of National Board 1 33 Membership of National Boards 1 34 Eligibility for appointment 1 Division 2 — Functions of National Boards 35 Functions of National Boards 1 36 State and Territory Boards 1 37 Delegation of functions 1 Division 3 — Registration standards and codes and guidelines 38 National board must develop registration standards 1 39 Codes and guidelines 1 40 Consultation about registration standards, codes and guidelines 1 41 Use of registration standards, codes or guidelines in disciplinary proceedings 1 Part 6 — Accreditation Division 1 — Preliminary 42 Definition 1 Division 2 — Accreditation authorities 43 Accreditation authority to be decided 1 44 National Agency may enter into contracts with external accreditation entities 1 45 Accreditation processes to be published 1 Division 3 — Accreditation functions 46 Development of accreditation standards 1 47 Approval of accreditation standards 1 48 Accreditation of programs of study 1 49 Approval of accredited programs of study 1 50 Accreditation authority to monitor approved programs of study 1 51 Changes to approval of program of study 1 Part 7 — Registration of health practitioners Division 1 — General registration 52 Eligibility for general registration 1 53 Qualifications for general registration 1 54 Examination or assessment for general registration 1 55 Unsuitability to hold general registration 1 56 Period of general registration 1 Division 2 — Specialist registration 57 Eligibility for specialist registration 1 58 Qualifications for specialist registration 1 59 Examination or assessment for specialist registration 1 60 Unsuitability to hold specialist registration 1 61 Period of specialist registration 1 Division 3 — Provisional registration 62 Eligibility for provisional registration 1 63 Unsuitability to hold provisional registration 1 64 Period of provisional registration 1 Division 4 — Limited registration 65 Eligibility for limited registration 1 66 Limited registration for postgraduate training or supervised practice 1 67 Limited registration for area of need 1 68 Limited registration in public interest 1 69 Limited registration for teaching or research 1 70 Unsuitability to hold limited registration 1 71 Limited registration not to be held for more than one purpose 1 72 Period of limited registration 1 Division 5 — Non‑practising registration 73 Eligibility for non‑practising registration 1 74 Unsuitability to hold non‑practising registration 1 75 Registered health practitioner who holds non‑practising registration must not practise the profession 1 76 Period of non‑practising registration 1 Division 6 — Application for registration 77 Application for registration 1 78 Power to check applicant's proof of identity 1 79 Power to check applicant's criminal history 1 80 Boards' other powers before deciding application for registration 1 81 Applicant may make submissions about proposed refusal of application or imposition of condition 1 82 Decision about application 1 83 Conditions of registration 1 83A Undertakings at registration 1 84 Notice to be given to applicant 1 85 Failure to decide application 1 Division 6A — Withdrawal of registration 85A Power to withdraw registration 1 85B Registered health practitioner may make submissions about proposed withdrawal of registration 1 85C Decision about withdrawal of registration 1 85D Notice to be given to registered health practitioner 1 85E When decision takes effect 1 Division 7 — Student registration Subdivision 1 — Persons undertaking approved programs of study 86 Definitions 1 87 National Board must register persons undertaking approved program of study 1 88 National Board may ask education provider for list of persons undertaking approved program of study 1 89 Registration of students 1 90 Period of student registration 1 Subdivision 2 — Other persons to be registered as students 91 Education provider to provide lists of persons 1 Subdivision 3 — General provisions applicable to students 92 Notice to be given if student registration suspended or condition imposed 1 93 Report to National Board of cessation of status as student 1 Division 8 — Endorsement of registration Subdivision 1 — Endorsement in relation to scheduled medicines 94 Endorsement for scheduled medicines 1 Subdivision 2 — Endorsement in relation to nurse practitioners 95 Endorsement as nurse practitioner 1 Subdivision 4 — Endorsement in relation to acupuncture 97 Endorsement for acupuncture 1 Subdivision 5 — Endorsements in relation to approved areas of practice 98 Endorsement for approved area of practice 1 Subdivision 6 — Application for endorsement 99 Application for endorsement 1 100 Boards' other powers before deciding application for endorsement 1 101 Applicant may make submissions about proposed refusal of application or imposition of condition 1 102 Decision about application 1 103 Conditions of endorsement 1 103A Undertakings at endorsement 1 104 Notice of decision to be given to applicant 1 105 Period of endorsement 1 106 Failure to decide application for endorsement 1 Division 9 — Renewal of registration Subdivision 1 — Renewal of registration of registered health practitioner 107 Application for renewal of registration or endorsement 1 108 Registration taken to continue in force 1 109 Annual statement 1 110 National Board's powers before making decision 1 111 Applicant may make submissions about proposed refusal of application for renewal or imposition of condition 1 112 Decision about application for renewal 1 Subdivision 2 — Renewal of registration after suspension period 112A Application of Subdivision 1 112B Application for renewal of registration 1 112C End of registration 1 112D Sections 109 to 112 apply to application for renewal under this Subdivision 1 Division 10 — Title and practice protections Subdivision 1 — Title protections 113 Restriction on use of protected titles 1 114 Use of title "acupuncturist" 1 115 Restriction on use of specialist titles 1 115A Claims by persons as to membership of surgical class 1 116 Claims by persons as to registration as health practitioner 1 117 Claims by persons as to registration in particular profession or division 1 118 Claims by persons as to specialist registration 1 119 Claims about type of registration or registration in recognised specialty 1 120 Registered health practitioner registered on conditions 1 Subdivision 2 — Practice protections 121 Restricted dental acts 1 122 Restriction on prescription of optical appliances 1 123 Restriction on spinal manipulation 1 123A. Restricted birthing practices 1 Division 11 — Miscellaneous Subdivision 1 — Certificates of registration 124 Issue of certificate of registration 1 Subdivision 2 — Review of conditions and undertakings 125 Changing or removing conditions or undertaking on application by registered health practitioner or student 1 126 Changing conditions on Board's initiative 1 127 Removal of condition or revocation of undertaking 1 127A When matters under this subdivision may be decided by review body of a co‑regulatory jurisdiction 1 Subdivision 3 — Obligations of registered health practitioners and students 128 Continuing professional development 1 129 Professional indemnity insurance arrangements 1 130 Registered health practitioner or student to give National Board notice of certain events 1 131 Change in principal place of practice, address or name 1 131A Nomination of an alternative name 1 131B Use of names 1 132 National Board may ask registered health practitioner for practice information 1 Subdivision 4 — Advertising 133 Advertising 1 Subdivision 5 — Board's powers to check identity and criminal history 134 Evidence of identity 1 135 Criminal history check 1 Subdivision 6 — General 136 Directing or inciting unprofessional conduct or professional misconduct 1 137 Surrender of registration 1 Part 8 — Health, performance and conduct Division 1 — Preliminary 138 Application of Part to persons who are registered health practitioners 1 139 Proceedings in relation to practitioner's behaviour while temporarily unregistered 1 139A Application of Part to persons who were registered health practitioners 1 139B Application of Part to persons who were registered under corresponding prior Act 1 Division 2 — Mandatory notifications 140 Definition of notifiable conduct 1 141 Mandatory notifications by health practitioners 1 142 Mandatory notifications by employers 1 143 Mandatory notifications by education providers 1 Division 3 — Voluntary notifications 144 Grounds for voluntary notification 1 145 Who may make voluntary notification 1 Division 4 — Making a notification 146 How notification is made 1 147 National Agency to provide reasonable assistance to notifier 1 Division 5 — Preliminary assessment 148 Referral of notification to National Board or co-regulatory authority 1 149 Preliminary assessment 1 149A Power to require information 1 149B Inspection of documents 1 150 Relationship with health complaints entity 1 150A Referral to other entities 1 151 When National Board may decide to take no further action 1 152 National Board to give notice of receipt of notification 1 Division 6 — Other matters 153 National Board may deal with notifications about same person together 1 154 National Boards may deal with notifications collaboratively 1 Division 7 — Immediate action 155 Definition 1 156 Power to take immediate action 1 157 Show cause process 1 158 Notice to be given to registered health practitioner or student about immediate action 1 159 Period of immediate action 1 159A Board may give information to notifier about immediate action 1 Division 7A — Interim prohibition orders 159B Definition 1 159C Issuing of interim prohibition order 1 159D Show cause process for interim prohibition orders 1 159E Decision to take urgent action to issue interim prohibition order 1 159F Duration of interim prohibition order 1 159G Revocation or variation of interim prohibition order 1 159H Extension of interim prohibition order by regulatory body 1 159I Regulatory body may give information to notifier about interim prohibition order 1 159J Application for extension of interim prohibition order by regulatory body 1 159K Decision about extension of interim prohibition order 1 159L Revocation of extended or substituted interim prohibition order by responsible tribunal 1 159M Variation of interim prohibition order by responsible tribunal 1 159N Publication of information about interim prohibition orders 1 159O Offences relating to interim prohibition orders 1 Division 7B — Public statements 159P Definition 1 159Q Making of public statement 1 159R Show cause process for public statement 1 159S Revision of public statement by regulatory body 1 159T Revocation of public statement 1 Division 8 — Investigations Subdivision 1 — Preliminary 160 When investigation may be conducted 1 161 Registered health practitioner or student to be given notice of investigation 1 162 Investigation to be conducted in timely way 1 Subdivision 2 — Investigators 163 Appointment of investigators 1 164 Identity card 1 165 Display of identity card 1 Subdivision 3 — Procedure after investigation 166 Investigator's report about investigation 1 167 Decision by National Board 1 167A Board may give information to notifier about result of investigation 1 Division 9 — Health and performance assessments 168 Definition 1 169 Requirement for health assessment 1 170 Requirement for performance assessment 1 171 Appointment of assessor to carry out assessment 1 172 Notice to be given to registered health practitioner or student about assessment 1 173 Assessor may require information or attendance 1 174 Inspection of documents 1 175 Report from assessor 1 176 Copy of report to be given to health practitioner or student 1 177 Decision by National Board 1 177A Board may give information to notifier about decision following assessor's report 1 Division 10 — Action by National Board 178 National Board may take action 1 179 Show cause process 1 180 Notice to be given to health practitioner or student and notifier 1 Division 11 — Panels 181 Establishment of health panel 1 182 Establishment of performance and professional standards panel 1 183 List of approved persons for appointment to panels 1 184 Notice to be given to registered health practitioner or student 1 185 Procedure of panel 1 186 Legal representation 1 187 Submission by notifier 1 188 Panel may proceed in absence of registered health practitioner or student 1 189 Hearing not open to the public 1 190 Referral to responsible tribunal or National Board 1 191 Decision of panel 1 191A Decision of panel after reconsideration of suspension 1 191B Change of reconsideration date for suspension of registration 1 192 Notice to be given about panel's decision 1 Division 12 — Referring matter to responsible tribunals 193 Matters to be referred to responsible tribunal 1 193A National Boards may decide not to refer certain matters 1 194 Parties to the proceedings 1 195 Costs 1 196 Decision by responsible tribunal about registered health practitioner 1 196A Offences relating to prohibition orders 1 197 Decision by responsible tribunal about student 1 198 Relationship with Act establishing responsible tribunal 1 Division 13 — Appeals 199 Appellable decisions 1 200 Parties to the proceedings 1 201 Costs 1 202 Decision 1 203 Relationship with Act establishing responsible tribunal 1 Division 14 — Miscellaneous 204 Notice from adjudication body 1 205 Implementation of decisions 1 206 National Board to give notice to registered health practitioner's employer and other entities 1 207 Effect of suspension 1 Part 9 — Finance 208 Australian Health Practitioner Regulation Agency Fund 1 209 Payments into Agency Fund 1 210 Payments out of Agency Fund 1 211 Investment of money in Agency Fund 1 212 Financial management duties of National Agency and National Boards 1 Part 10 — Information and privacy Division 1A — Australian Information Commissioner 212A Application of Commonwealth AIC Act 1 Division 1 — Privacy 213 Application of Commonwealth Privacy Act 1 Division 2 — Disclosure of information and confidentiality 214 Definition 1 215 Application of Commonwealth FOI Act 1 216 Duty of confidentiality 1 217 Disclosure of information for workforce planning 1 218 Disclosure of information for information management and communication purposes 1 219 Disclosure of information to other Commonwealth, State and Territory entities 1 220 Disclosure to protect health or safety of patients or other persons 1 220A Disclosure of information about registered health practitioners to protect health or safety of persons 1 220B Disclosure of information about unregistered persons to protect health or safety of persons 1 221 Disclosure to registration authorities 1 Division 3 — Registers in relation to registered health practitioner 222 Public national registers 1 223 Specialists Registers 1 224 Way registers are to be kept 1 225 Information to be recorded in National Register or Specialists Register 1 226 National Board may decide not to include or to remove certain information in register 1 227 Register about former registered health practitioners 1 228 Inspection of registers 1 Division 4 — Student registers 229 Student registers 1 230 Information to be recorded in student register 1 Division 5 — Other records 231 Other records to be kept by National Boards 1 232 Record of adjudication decisions to be kept and made publicly available 1 Division 6 — Unique identifier 233 Unique identifier to be given to each registered health practitioner 1 Part 11 — Miscellaneous Division 1 — Provisions relating to persons exercising functions under Law 234 General duties of persons exercising functions under this Law 1 235 Application of Commonwealth Ombudsman Act 1 236 Protection from personal liability for persons exercising functions 1 237 Protection from liability for persons making notification or otherwise providing information 1 Division 2 — Inspectors 238 Functions and powers of inspectors 1 239 Appointment of inspectors 1 240 Identity card 1 241 Display of identity card 1 Division 3 — Legal proceedings 242. Proceedings for offences 1 243 Conduct may constitute offence and be subject of disciplinary proceedings 1 244 Evidentiary certificates 1 Division 4 — Regulations 245 National regulations 1 Division 5 — Miscellaneous 248 Combined notice may be given 1 249 Fees 1 Part 12 — Transitional provisions Division 1 — Preliminary 250 Definitions 1 251 References to registered health practitioners 1 Division 2 — Ministerial Council 252 Directions given by Ministerial council 1 253 Accreditation functions exercised by existing accreditation entities 1 254 Health profession standards approved by Ministerial Council 1 255 Accreditation standards approved by National Board 1 Division 3 — Advisory Council 256 Members of Advisory Council 1 Division 4 — National Agency 257 Health profession agreements 1 258 Service agreement 1 Division 5 — Agency Management Committee 259 Members of Agency Management Committee 1 Division 6 — Staff, consultants and contractors of National Agency 260 Chief executive officer 1 261 Staff 1 262 Consultants and contractors 1 Division 7 — Reports 263 Annual report 1 Division 8 — National Boards 264 Members of National Boards 1 265 Committees 1 266 Delegation 1 Division 9 — Agency Fund 267 Agency Fund 1 Division 10 — Offences 268 Offences 1 Division 11 — Registration 269 General registration 1 270 Specialist registration 1 271 Provisional registration 1 272 Limited registration 1 273 Limited registration (public interest‑occasional practice) 1 274 Non‑practising registration 1 275 Registration for existing registered students 1 276 Registration for new students 1 277 Other registrations 1 278 Endorsements 1 279 Conditions imposed on registration or endorsement 1 280 Expiry of registration and endorsement 1 281 Protected titles for certain specialist health practitioners 1 282 First renewal of registration or endorsement 1 283 Programs of study 1 284 Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery 1 Division 12 — Applications for registration and endorsement 285 Applications for registration 1 286 Applications for endorsement 1 287 Disqualifications and conditions relevant to applications for registration 1 Division 13 — Complaints, notifications and disciplinary proceedings 288 Complaints and notifications made but not being dealt with on participation day 1 289 Complaints and notifications being dealt with on participation day 1 290 Effect of suspension 1 291 Undertakings and other agreements 1 292 Orders 1 293 List of approved persons 1 Division 14 — Local registration authority 294 Definition 1 295 Assets and liabilities 1 296 Records relating to registration and accreditation 1 297 Financial and administrative records 1 298 Pharmacy businesses and premises 1 299 Members of local registration authority 1 Division 15 — Staged commencement for certain health professions 300 Application of Law to relevant health profession between commencement and 1 July 2012 1 301 Ministerial Council may appoint external accreditation entity 1 302 Application of Law to appointment of first National Board for relevant professions 1 303 Qualifications for general registration in relevant profession 1 304 Relationship with other provisions of Law 1 Part 13 — Transitional and other provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 Division 1 — Paramedicine Board and registration of paramedics 306 Definitions 1 307 Establishment of Paramedicine Board 1 308 Powers and functions of Paramedicine Board 1 309 Paramedicine Board taken to be a National Board for stated matters 1 310 CAA accredited programs of study 1 311 Qualifications for general registration in paramedicine for a limited period 1 312 Accepted qualification for general registration in paramedicine 1 313 Provisions that apply to student registration for Diploma of Paramedical Science 1 314 Applications for registration in paramedicine and period of registration 1 315 Applications for registration in paramedicine made but not decided before participation day 1 316 Period after participation day during which an individual does not commit an offence under ss 113 and 116 1 317 Application of ss 113 and 116 to individual temporarily practising paramedicine in another jurisdiction 1 Division 2 — Other transitional provisions 318 Deciding review period for decision on application made under section 125 before commencement 1 319 Deciding review period for decision after notice given under section 126 before commencement 1 320 Membership of continued National Boards 1 321 Offences relating to prohibition orders made before commencement 1 322 Register to include prohibition orders made before commencement 1 323 Public national registers 1 Part 14 — Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 324 Renaming of Agency Management Committee 1 325 Saving of endorsement of midwife practitioner 1 Part 15 — Transitional provision for Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023 326 Application of ss 196A, 222, 223 and 227 to particular prohibition orders 1 Schedule 2 — Agency Board Part 1 — General 1 Definitions 1 Part 2 — Constitution 2 Terms of office of members 1 3 Remuneration 1 4 Vacancy in office of member 1 5 Vacancies to be advertised 1 6 Extension of term of office during vacancy in membership 1 7 Members to act in public interest 1 8 Disclosure of conflict of interest 1 Part 3 — Procedure 9 General procedure 1 10 Quorum 1 11 Chief executive officer may attend meetings 1 12 Presiding member 1 13 Voting 1 14 Transaction of business outside meetings or by telecommunication 1 15 First meeting 1 16 Defects in appointment of members 1 Schedule 3 — National Agency Part 1 — Chief executive officer 1 Chief executive officer 1 2 Functions of chief executive officer 1 3 Delegation and subdelegation by chief executive officer 1 4 Vacancy in office 1 Part 2 — Staff, consultants and contractors 5 Staff of National Agency 1 6 Staff seconded to National Agency 1 7 Consultants and contractors 1 Part 3 — Reporting obligations 8 Annual report 1 9 Reporting by National Boards 1 Schedule 4 — National Boards Part 1 — General 1 Definitions 1 Part 2 — Constitution 2 Terms of office of members 1 3 Remuneration 1 4 Vacancy in office of member 1 5 Vacancies to be advertised 1 6 Extension of term of office during vacancy in membership 1 7 Members to act in public interest 1 8 Disclosure of conflict of interest 1 Part 3 — Functions and powers 9 Requirement to consult other National Boards 1 10 Boards may obtain assistance 1 11 Committees 1 Part 4 — Procedure 12 General procedure 1 13 Quorum 1 14 Presiding member 1 15 Voting 1 16 Transaction of business outside meetings or by telecommunication 1 17 First meeting 1 18 Defects in appointment of members 1 Schedule 5 — Investigators Part 1 — Power to obtain information 1 Powers of investigators 1 2 Offence for failing to produce information or attend before investigator 1 3 Inspection of documents 1 Part 2 — Power to enter places 4 Entering places 1 5 Application for warrant 1 6 Issue of warrant 1 7 Application by electronic communication 1 8 Procedure before entry under warrant 1 9 Powers after entering places 1 10 Offences for failing to comply with requirement under clause 9 1 11 Seizure of evidence 1 12 Securing seized things 1 13 Receipt for seized things 1 14 Forfeiture of seized thing 1 15 Dealing with forfeited things 1 16 Return of seized things 1 17 Access to seized things 1 Part 3 — General matters 18 Damage to property 1 19 Compensation 1 20 False or misleading information 1 21 False or misleading documents 1 22 Obstructing investigators 1 23 Impersonation of investigators 1 Schedule 6 — Inspectors Part 1 — Power to obtain information 1 Powers of inspectors 1 2 Offence for failing to produce information or attend before inspector 1 3 Inspection of documents 1 Part 2 — Power to enter places 4 Entering places 1 5 Application for warrant 1 6 Issue of warrant 1 7 Application by electronic communication 1 8 Procedure before entry under warrant 1 9 Powers after entering places 1 10 Offences for failing to comply with requirement under clause 9 1 11 Seizure of evidence 1 12 Securing seized things 1 13 Receipt for seized things 1 14 Forfeiture of seized thing 1 15 Dealing with forfeited things 1 16 Return of seized things 1 17 Access to seized things 1 Part 3 — General matters 18 Damage to property 1 19 Compensation 1 20 False or misleading information 1 21 False or misleading documents 1 22 Obstructing inspectors 1 23 Impersonation of inspectors 1 Schedule 7 — Miscellaneous provisions relating to interpretation Part 1 — Preliminary 1 Displacement of Schedule by contrary intention 1 Part 2 — General 2 Law to be construed not to exceed legislative power of Legislature 1 3 Every section to be a substantive enactment 1 4 Material that is, and is not, part of this Law 1 5 References to particular Acts and to enactments 1 6 References taken to be included in Act or Law citation etc 1 7 Interpretation best achieving Law's purpose 1 8 Use of extrinsic material in interpretation 1 9 Effect of change of drafting practice and use of examples 1 10 Use of examples 1 11 Compliance with forms 1 Part 3 — Terms and references 12 Definitions 1 13 Provisions relating to defined terms and gender and number 1 14 Meaning of "may" and "must" etc 1 15 Words and expressions used in statutory instruments 1 16 Effect of express references to bodies corporate and individuals 1 17 Production of records kept in computers etc 1 18 References to this jurisdiction to be implied 1 19 References to officers and holders of offices 1 20 Reference to certain provisions of Law 1 21 Reference to provisions of this Law or an Act is inclusive 1 Part 4 — Functions and powers 22 Performance of statutory functions 1 23 Power to make instrument or decision includes power to amend or repeal 1 24 Matters for which statutory instruments may make provision 1 25 Presumption of validity and power to make 1 26 Appointments may be made by name or office 1 27 Acting appointments 1 28 Powers of appointment imply certain incidental powers 1 29 Delegation of functions 1 30 Exercise of powers between enactment and commencement 1 Part 5 — Distance, time and age 31 Matters relating to distance, time and age 1 Part 6 — Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect 1 33 Repealed Law provisions not revived 1 34 Saving of operation of repealed Law provisions 1 35 Continuance of repealed provisions 1 36 Law and amending Acts to be read as one 1 Part 7 — Instruments under Law 37 Schedule applies to statutory instruments 1 Part 8 — Application to coastal sea 38 Application 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Health Practitioner Regulation National Law (Western Australia) Part 1 — Preliminary 1 Short title This Law may be cited as the Health Practitioner Regulation National Law (Western Australia). 2 Commencement This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction. [Editorial note: This Law commenced in WA on 15 May 2024 (see Health Practitioner Regulation National Law Application Act 2024 (WA) s. 2(c).] 3 Objectives (1) The object of this Law is to establish a national registration and accreditation scheme for — (a) the regulation of health practitioners; and (b) the registration of students undertaking — (i) programs of study that provide a qualification for registration in a health profession; or (ii) clinical training in a health profession. (2) The objectives of the national registration and accreditation scheme are — (a) to provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and (b) to facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and (c) to facilitate the provision of high quality education and training of health practitioners; and (ca) to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples; and (d) to facilitate the rigorous and responsive assessment of overseas‑trained health practitioners; and (e) to facilitate access to services provided by health practitioners in accordance with the public interest; and (f) to enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners. 3A Guiding principles (1) The main guiding principle of the national registration and accreditation scheme is that the following are paramount — (a) protection of the public; (b) public confidence in the safety of services provided by registered health practitioners and students. (2) The other guiding principles of the national registration and accreditation scheme are as follows — (a) the scheme is to operate in a transparent, accountable, efficient, effective and fair way; (aa) the scheme is to ensure the development of a culturally safe and respectful health workforce that — (i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and (ii) contributes to the elimination of racism in the provision of health services; Example — Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care. (b) fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme; (c) restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely consistent with best practice principles. [Section 3A modified: No. 21 of 2024 (WA) s. 24.] 4 How functions to be exercised An entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding princi