Queensland: Health Practitioner Regulation National Law Act 2009 (Qld)

Health Practitioner Regulation National Law Act 2009 An Act providing for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners Part 1 Preliminary 1 Short title This Act may be cited as the Health Practitioner Regulation National Law Act 2009. 2 Commencement This Act, other than part 4, commences on 1 July 2010. 3 Definitions (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Health Practitioner Regulation National Law set out in the schedule. (2) In the local application provisions of this Act— health ombudsman means the health ombudsman under the Health Ombudsman Act 2013. Health Practitioner Regulation National Law (Queensland) means the provisions applying in this jurisdiction because of section 4. (3) Terms used in the local application provisions of this Act and also in the Health Practitioner Regulation National Law set out in the schedule have the same meanings in those provisions as they have in that Law. Part 2 Adoption of Health Practitioner Regulation National Law 4 Application of Health Practitioner Regulation National Law (1) The Health Practitioner Regulation National Law set out in the schedule, as modified by part 4— (a) applies as a law of this jurisdiction; and (b) as so applying, may be referred to as the Health Practitioner Regulation National Law (Queensland); and (c) as so applying, is a part of this Act. (2) A copy of the Health Practitioner Regulation National Law (Queensland) may be authorised by the parliamentary counsel. (3) If a copy mentioned in subsection (2) is authorised under that subsection, the copy— (a) is to indicate that fact in a suitable place; and (b) is a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992. 5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction In the Health Practitioner Regulation National Law (Queensland)— magistrate means a magistrate appointed under the Magistrates Act 1991. Magistrates Court means a Magistrates Court established under the Justices Act 1886. this jurisdiction means Queensland. 6 Responsible tribunal for Health Practitioner Regulation National Law (Queensland) QCAT is declared to be the responsible tribunal for this jurisdiction for the purposes of the Health Practitioner Regulation National Law (Queensland). 7 Exclusion of legislation of this jurisdiction The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Queensland) or to the instruments made under that law— (a) the Acts Interpretation Act 1954; (b) the Auditor-General Act 2009; (c) the Financial Accountability Act 2009; (d) the Information Privacy Act 2009; (e) the Ombudsman Act 2001; (f) the Public Sector Act 2022; (g) the Right to Information Act 2009; (h) the Statutory Bodies Financial Arrangements Act 1982; (i) the Statutory Instruments Act 1992. 7A Co-regulatory jurisdiction It is declared that this jurisdiction is not participating in the health, performance and conduct process provided by part 8, divisions 3 to 12 of the Health Practitioner Regulation National Law set out in the schedule. Note— See the Health Practitioner Regulation National Law (Queensland), section 5, definition co-regulatory jurisdiction. 7B Co-regulatory authority It is declared that the health ombudsman is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law (Queensland). Note— See the Health Practitioner Regulation National Law (Queensland), section 5, definition co-regulatory authority. 7C Adjudication body It is declared that the health ombudsman is an adjudication body for the purposes of the Health Practitioner Regulation National Law (Queensland). Note— See the Health Practitioner Regulation National Law (Queensland), section 5, definition adjudication body. Part 3 Provisions specific to this jurisdiction 8 Police commissioner may give criminal history information (1) The police commissioner may give criminal history information to— (a) a National Board; or (b) ACC, or a police force or service of the Commonwealth or another State, for the purpose of ACC or the police force or service giving the criminal history information to a National Board. (2) In this section— criminal history information means information about a person's criminal history that may be included in a written report under the Health Practitioner Regulation National Law (Queensland), section 79 or 135. 9 Review of decision by QCAT as responsible tribunal A reference in the Health Practitioner Regulation National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the responsible tribunal, a reference to a review of the decision as provided under the QCAT Act. 9A Regulation-making power The Governor in Council may make regulations under this Act. 10 Repeal The Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008, No. 62 is repealed. Part 4 Modifications of National Law provisions 11 Meaning of National Law provisions In this part— National Law provisions means the provisions of the Health Practitioner Regulation National Law set out in the schedule. 12 Operation of pt 4 This part states the modifications of the National Law provisions for the purpose of applying the modified provisions as a law of this jurisdiction under section 4. 13 [Repealed] 14 [Repealed] 15 Amendment of s 5 (Definitions) (1) National Law provisions, section 5— insert— complainant, for part 8, see section 139C. complaint, for part 8, see section 139C. health ombudsman means the health ombudsman under the Health Ombudsman Act 2013. Office of the Health Ombudsman means the Office of the Health Ombudsman established under the Health Ombudsman Act 2013. referred matter means a complaint or other matter referred by the health ombudsman to the National Agency under the Health Ombudsman Act 2013, section 91. (2) National Law provisions, section 5, definition adjudication body— insert— Note— The health ombudsman is an adjudication body. (3) National Law provisions, section 5, definition co-regulatory authority— insert— Note— The health ombudsman is a co-regulatory authority. (4) National Law provisions, section 5, definition co-regulatory jurisdiction— insert— Note— Queensland is a co-regulatory jurisdiction. (5) National Law provisions, section 5, definition mandatory notification, 'National Agency'— omit, insert— health ombudsman (6) National Law provisions, section 5, definition responsible tribunal— insert— Note— QCAT is the responsible tribunal for this jurisdiction. 16 Amendment of s 11 (Policy directions) National Law provisions, section 11(5)(c), after 'notification'— insert— , referred matter 17 [Repealed] 18 Amendment of s 25 (Functions of National Agency) National Law provisions, section 25(i)— omit, insert— (i) to establish an efficient procedure for receiving and dealing with matters referred to it by the health ombudsman about persons who are or were registered health practitioners and persons who are students; 19 Insertion of new s 26A National Law provisions, after section 26— insert— 26A Complaints element of fees to be paid to health ombudsman (1) For each financial year, the responsible Minister must decide, for each health profession, the amount of the complaints component of registration fees payable by Queensland health practitioners registered in the profession for the financial year. (2) The amount decided by the responsible Minister must reflect the reasonable cost of the health ombudsman performing functions, relating to the health, conduct and performance of health practitioners registered in the health profession, that would be performed by the National Agency and the National Board established for the health profession if the Health Ombudsman Act 2013 had not been enacted. (3) The responsible Minister must consult with the Ministerial Council, National Agency and National Boards before making the decision. (4) The responsible Minister must give written notice of the decision to the National Agency at least 1 month before the decision takes effect. (5) As soon as practicable after being notified of the decision, the National Agency must publish the decision to the public. (6) The National Agency must pay the amount to the health ombudsman. (7) The payment under subsection (6) is to be made during the financial year in instalments of the frequency, at least monthly, decided by the responsible Minister. (8) In this section— complaints component means a component for the costs of performing the health ombudsman's functions in relation to registered health practitioners. Queensland health practitioner means— (a) a registered health practitioner whose principal place of practice is in this jurisdiction; or (b) an applicant for registration whose application for registration includes a declaration under section 77(3) that— (i) the applicant will predominantly practise the profession in this jurisdiction; or (ii) the applicant's principal place of residence is in this jurisdiction. registration fee means a relevant fee payable by a health practitioner for registration or renewal of registration under this Law. 20 Amendment of s 35 (Functions of National Boards) (1) National Law provisions, section 35(1)(g), 'receipt, assessment and investigation of notifications'— omit, insert— assessment and investigation of matters referred to it by the National Agency (2) National Law provisions, section 35(1)(i), after 'jurisdictions'— insert— or to the health ombudsman (3) National Law provisions, section 35(2), 'receiving notifications and'— omit. (4) National Law provisions, section 35(2), after 'jurisdiction'— insert— unless the National Agency has referred the relevant matter to the Board 20A Amendment of s 112 (Decision about application for renewal) (1) National Law provisions, section 112(2)(ba), after 'Board'— insert— , or to the health ombudsman under the Health Ombudsman Act 2013, part 7, division 1, (2) National Law provisions, section 112(3)(c), after 'Board'— insert— , or to the health ombudsman under the Health Ombudsman Act 2013, part 7, division 1, (3) National Law provisions, section 112(3), note, after 'Board'— insert— or health ombudsman 20B Amendment of s 125 (Changing or removing conditions or undertaking on application by registered health practitioner or student) National Law provisions, section 125(1)(a)(ii), after 'practitioner'— insert— to the Board 21 Amendment of s 138 (Application of Part to persons who are registered health practitioners) National Law provisions, section 138— insert— (1A) Also, a referred matter may be dealt with under this Part about a person who is a registered health practitioner in relation to the practitioner's behaviour at a time specified in subsection (1)(a) to (c). 22 Amendment of s 139A (Application of Part to persons who were registered health practitioners) (1) National Law provisions, section 139A— insert— (2A) Also, a referred matter may be dealt with under this Part about the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered. (2) National Law provisions, section 139A(3), 'subsection (2)'— omit, insert— subsections (2) and (2A) 22A Amendment of s 139B (Application of Part to persons who were registered under corresponding prior Act) (1) National Law provisions, section 139B— insert— (2A) Also, a referred matter may be dealt with under this Part about the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act. (2) National Law provisions, section 139B(3), 'subsection (2) applies'— omit, insert— subsections (2) and (2A) apply (3) National Law provisions, section 139B(4), 'subsection (2)'— omit, insert— subsections (2) and (2A) 23 Insertion of new s 139C National Law provisions, after section 139B— insert— 139C Meanings of complainant and complaint In this part— complainant means a person who makes a complaint. complaint means— (a) a notification under division 2 or 3; or (b) a health service complaint under the Health Ombudsman Act 2013. 24 Insertion of new s 139D National Law provisions, part 8, division 2— insert— 139D Application of div 2 to this jurisdiction (1) This division applies in relation to notifiable conduct of a registered health practitioner only if the conduct occurs in this jurisdiction. (2) This division applies in relation to a student's impairment only if the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction. 25 Amendment of s 141 (Mandatory notifications by health practitioners other than treating practitioners) (1) National Law provisions, section 141(2) and (4)(e), 'National Agency'— omit, insert— health ombudsman (2) National Law provisions, section 141(3), after 'this Part'— insert— or the Health Ombudsman Act 2013 25A Amendment of s 141A (Mandatory notifications by treating practitioners of sexual misconduct) (1) Section 141A(2), 'National Agency'— omit, insert— health ombudsman (2) Section 141A(3), after 'this Part'— insert— or the Health Ombudsman Act 2013 25B Amendment of s 141B (Mandatory notifications by treating practitioners of substantial risk of harm to public) (1) Section 141B(2) and (4), 'National Agency'— omit, insert— health ombudsman (2) Section 141B(6), after 'this Part'— insert— or the Health Ombudsman Act 2013 25C Amendment of s 141C (When practitioner does not form reasonable belief in course of providing health service) Section 141C(2)(e), 'National Agency'— omit, insert— health ombudsman 26 Amendment of s 142 (Mandatory notifications by employers) (1) National Law provisions, section 142(1), 'National Agency'— omit, insert— health ombudsman (2) National Law provisions, section 142(2) and (3)— omit, insert— (2) If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1), the health ombudsman— (a) must notify the National Agency; and (b) may— (i) refer the matter to the employer's licensing authority; or (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or (iii) advise the responsible Minister of the matter. (3) National Law provisions, section 142(4)— renumber as section 142(3). 27 Amendment of s 143 (Mandatory notifications by education providers) (1) National Law provisions, section 143(1), 'National Agency'— omit, insert— health ombudsman (2) National Law provisions, section 143(2) and (3)— renumber as section 143(3) and (4). (3) National Law provisions, section 143— insert— (2) The health ombudsman must give to the National Agency a copy of each notification received under subsection (1). 28 Insertion of new s 143A National Law provisions, part 8, division 3— insert— 143A Application of div 3 to this jurisdiction (1) This division applies in relation to a registered health practitioner only if the notification concerns conduct occurring in this jurisdiction or the practitioner's principal place of practice is in this jurisdiction. (2) This division applies in relation to a student only if the notification concerns conduct occurring in this jurisdiction or the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction. 29 Amendment of s 144 (Grounds for voluntary notification) National Law provisions, section 144(1) and (2), 'National Agency'— omit, insert— health ombudsman 30 Amendment of s 145 (Who may make voluntary notification) National Law provisions, section 145, 'National Agency'— omit, insert— health ombudsman 31 Replacement of pt 8, div 4, hdg National Law provisions, part 8, division 4, heading— omit, insert— Division 4 Dealing with notifications 32 Replacement of s 146 (How notification is made) National Law provisions, section 146— omit, insert— 146 Notifications to be dealt with under Health Ombudsman Act 2013 (1) The Health Ombudsman Act 2013 applies to a notification (including the making of a notification) under division 2 or 3— (a) as if references in that Act to a complaint or complainant were references to a notification or notifier; and (b) with other necessary changes. (2) If a person makes a notification to the health ombudsman under division 2 or 3, the health ombudsman must deal with it under the Health Ombudsman Act 2013 as if it were a complaint made under part 3, division 2 of that Act. 33 Omission of s 147 (National Agency to provide reasonable assistance to notifier) National Law provisions, section 147— omit. 34 Replacement of pt 8, div 5 (Preliminary assessment) National Law provisions, part 8, division 5— omit, insert— Division 5 Matters referred to the National Agency by the health ombudsman 148 Application of div 5 This division applies if, under the Health Ombudsman Act 2013, part 9, division 1, the health ombudsman refers a matter to the National Agency. 149 Referral of matter to National Board The National Agency must immediately refer the matter to the National Board established for the health practitioner's or student's profession. 150 Preliminary assessment (1) A National Board must, within 60 days after receipt of a referred matter under section 148, conduct a preliminary assessment of the referred matter and decide— (a) whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and (b) whether or not the referred matter relates to a matter that is a ground for notification. (2) Without limiting subsection (1)(b), the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct. (3) If the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board. 150A Power to require information (1) For the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way. (2) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty— (a) in the case of an individual—$5,000; or (b) in the case of a body corporate—$10,000. (3) Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual. 150B Inspection of documents (1) If a document is produced to a National Board, the Board may— (a) inspect the document; and (b) make a copy of, or take an extract from, the document; and (c) keep the document while it is necessary for the preliminary assessment of a referred matter. (2) If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board. 150C Referral to other entities (1) If, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity. (2) A decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter. (3) If the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity— (a) if the referred matter is a health service complaint under the Health Ombudsman Act 2013—details of the complaint, the complainant and the health service provider to whom the complaint relates; and (b) any other information the Board has that is relevant to the referred matter. (4) The National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved. (5) The other entity may provide the information requested by the National Board. 151 When National Board may decide to take no further action (1) A National Board may decide to take no further action in relation to a referred matter if— (a) the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or (b) given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or (c) the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or (d) the subject matter of the referred matter has already been dealt with adequately by the Board; or (e) the subject matter of the referred matter— (i) is being dealt with, or has already been dealt with, by another entity; or (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or (f) the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter. (1A) A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity. (2) A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. (3) If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter. (4) A notice under subsection (3) must state— (a) that the National Board has decided to take no further action in relation to the referred matter; and (b) the reason the Board has decided to take no further action. 35 Replacement of ss 153 and 154 National law provisions, sections 153 and 154— omit, insert— 153 National Board may deal with referred matters about same person together (1) If the National Agency receives more than one referred matter about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the referred matters together. (2) In this section— referred matter includes a notification made under a law of another participating jurisdiction. 154 National Boards may deal with referred matters collaboratively (1) This section applies if a matter referred to a National Board relates to— (a) a registered health practitioner who is registered in more than one health profession; or (b) more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or (c) a person who is registered as a student in more than one health profession; or (d) more than one student and the students are registered in 2 or more different health professions. (2) The National Board may deal with the referred matter in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered. 35A Amendment of s 159A (Board may give information to notifier about immediate action) (1) National Law provisions, section 159A, 'notifier'— omit, insert— complainant (2) National Law provisions, section 159A, 'notification'— omit, insert— complaint 35B Insertion of new s 159EA National Law provisions, after section 159E— insert— 159EA Regulatory body must notify health ombudsman of interim prohibition order (1) This section applies if— (a) a regulatory body issues an interim prohibition order to an unregistered person under section 159C; and (b) either— (i) the interim prohibition order is issued in relation to the person's conduct occurring in this jurisdiction; or (ii) the person's principal place of residence is in this jurisdiction. (2) The regulatory body must, within 7 days after issuing the interim prohibition order, give the health ombudsman a written notice about the interim prohibition order. (3) The notice must include the following— (a) the name of the unregistered person; (b) details of the health service or health services to which the interim prohibition order relates, if any; (c) the day on which the interim prohibition order starts; (d) details of the grounds on which the interim prohibition order was issued. 35C Amendment of s 159F (Duration of interim prohibition order) National Law provisions, section 159F— insert— (3) However, if the interim prohibition order is issued in relation to a matter referred under section 193A to the health ombudsman, the day specified in subsection (2) cannot be less than 14 days after the day the matter was referred. 36 Amendment of s 160 (When investigation may be conducted) National Law provisions, section 160(1)(a), 'notification'— omit, insert— referred matter 37 Amendment of s 161 (Registered health practitioner or student to be given notice of investigation) National Law provisions, section 161(3)(b)— omit, insert— (b) if the investigation relates to a complaint made about the registered health practitioner or student, the complainant. 37A Amendment of s 167A (Board may give information to notifier about result of investigation) (1) National Law provisions, section 167A, 'notifier'— omit, insert— complainant (2) National Law provisions, section 167A, 'notification'— omit, insert— complaint 38 Amendment of s 169 (Requirement for health assessment) National Law provisions, section 169, 'notification'— omit, insert— complaint 39 Amendment of s 170 (Requirement for performance assessment) National Law provisions, section 170, 'notification'— omit, insert— complaint 40 Amendment of s 177 (Decision by National Board) National Law provisions, section 177— insert— (2) This section applies subject to division 12, subdivision 1. 40A Amendment of s 177A (Board may give information to notifier about decision following assessor's report) (1) National Law provisions, section 177A, 'notifier'— omit, insert— complainant (2) National Law provisions, section 177A, 'notification'— omit, insert— complaint 41 Amendment of s 178 (National Board may take action) (1) National Law provisions, section 178(1)(a), 'notification'— omit, insert— complaint (2) National Law provisions, section 178(1)(b)— omit, insert— (b) the matter is not required under division 12, subdivision 1 to be referred to the health ombudsman or a responsible tribunal, including because of a decision made under section 193C that it is not in the public interest; and 42 Amendment of s 180 (Notice to be given to health practitioner or student and notifier) (1) National Law provisions, section 180, 'notifier'— omit, insert— complainant (2) National Law provisions, section 180(1)(b), 'notification'— omit, insert— complaint 43 Amendment of s 181 (Establishment of health panel) National Law provisions, section 181(1)(a), 'notification'— omit, insert— complaint 44 Amendment of s 182 (Establishment of performance and professional standards panel) National Law provisions, section 182(1)(a), 'notification'— omit, insert— complaint 45 Amendment of s 183 (List of approved persons for appointment to panels) National Law provisions, section 183(2)— omit. 46 Amendment of s 187 (Submission by notifier) (1) National Law provisions, section 187, 'notifier'— omit, insert— complainant (2) National Law provisions, section 187, 'notification'— omit, insert— complaint 47 Replacement of s 190 (Referral to responsible tribunal or National Board) National Law provisions, section 190— omit, insert— 190 Referral to Board for notification to health ombudsman (1) This section applies if, at any time while hearing a matter, a panel reasonably believes the evidence demonstrates— (a) the registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or (b) there is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing. (2) The panel must notify the National Board of the panel's belief. Note— See section 193. (3) This section does not limit the panel's power to also decide under section 191 to suspend the practitioner's registration before notifying the Board under subsection (2). 190A Referral to Board for referral to responsible tribunal (1) This section applies if, at any time, the practitioner or student the subject of a hearing asks the panel for the matter to be referred to a responsible tribunal. (2) The panel must stop hearing the matter and notify the National Board that established the panel that the matter must be referred to a responsible tribunal. 48 Amendment of s 191 (Decision of panel) National Law provisions, section 191(1)(b)(iv)— omit, insert— (iv) the matter must be referred to the responsible tribunal; 49 Amendment of s 192 (Notice to be given about panel's decision) (1) National Law provisions, section 192(2)(b), 'notification'— omit, insert— complaint (2) National Law provisions, section 192(2)(b) and (4), 'notifier'— omit, insert— complainant 50 Replacement of pt 8, div 12, hdg and ss 193–195 National Law provisions, part 8, division 12, heading and sections 193 to 195— omit, insert— Division 12 Referring matter to health ombudsman and responsible tribunals Subdivision 1 Matters to be referred 193 Health ombudsman to be notified about particular serious matters (1) The National Board must notify the health ombudsman as soon as practicable after— (a) the National Board forms a reasonable belief, based on a complaint or for any other reason, that— (i) a registered health practitioner has behaved in a way that constitutes professional misconduct; or (ii) there is another ground for suspending, cancelling or withdrawing a registered health practitioner's registration; or (b) a panel notifies the National Board of the panel's belief under section 190(2). (1A) Subsection (1)(a) does not apply if the National Board is satisfied the health ombudsman is aware of the matter mentioned in subsection (1)(a)(i) or (ii), including, for example, because it was the subject of a referral to the National Agency under the Health Ombudsman Act 2013,part 9, division 1. (2) On receiving the notification, the health ombudsman must ask the National Board to— (a) refer the matter to the health ombudsman; or (b) continue to deal with the matter under the National Law. (3) This section does not limit the National Board's power to do any of the following before making a notification under subsection (1) or a referral under subsection (2)— (a) withdraw the registered health practitioner's registration under section 85A; (b) accept a surrender of the registered health practitioner's registration under section 137; (c) take immediate action in relation to the registered health practitioner under Division 7. 193A Referrals to health ombudsman (1) A National Board must refer a matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 if the health ombudsman requests the referral under section 193(2). (2) Also, if a panel has notified the National Board that established the panel that the matter must be referred to a responsible tribunal, the Board must notify the health ombudsman of that fact. (3) If a matter is referred under subsection (1) and the Board notifies the health ombudsman in relation to the matter under subsection (2), the health ombudsman must refer the matter to the responsible tribunal under the Health Ombudsman Act 2013. (4) A National Board may refer another matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 with the health ombudsman's agreement. (5) Also, a regulatory body that has issued an interim prohibition order to an unregistered person under section 159C may, while the order is in effect and with the health ombudsman's agreement, refer the matter in relation to which the order was issued to the health ombudsman to be dealt with under the Health Ombudsman Act 2013. 193B Referrals to responsible tribunal (1) Subject to section 193C, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if— (a) a panel established by the Board asks the Board to refer the matter to a responsible tribunal; and (b) it is not a matter that must be referred to the health ombudsman under section 193A. (2) A National Board may refer a matter about a registered health practitioner or student to a responsible tribunal if the health ombudsman asks the Board under section 193(2) to continue to deal with the matter under this Law. (3) The National Board must— (a) refer the matter to— (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; and (b) give written notice of the referral to the registered health practitioner or student to whom the matter relates. (4) If the matter relates to a complaint, the referral must include the details of the complainant. 193C National Board may decide not to refer certain matters (1) A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal. (2) In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following— (a) the need to protect the health and safety of the public; (b) the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct; (c) whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint; (d) whether the practitioner is still registered and, if not still registered, may again seek registration in the future; (e) any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter; (f) any other matter the Board considers relevant to the decision. (3) If a decision is made under this section to not refer a matter to a responsible tribunal— (a) the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and (b) the National Agency must publish information about the decision in its annual report. Subdivision 2 Proceedings referred to responsible tribunal by a National Board 194 Application of sdiv 2 This subdivision applies to a proceeding for a matter referred by a National Board to a responsible tribunal under section 193B. 51 Amendment of s 198 (Relationship with Act establishing responsible tribunal) National Law provisions, section 198, 'Division'— omit, insert— subdivision 52 Omission of ss 201–203 National Law provisions, sections 201 to 203— omit. 53 Amendment of s 204 (Notice from adjudication body) (1) National Law provisions, section 204, heading, 'adjudication body'— omit, insert— responsible tribunal (2) National Law provisions, section 204(1), 'an adjudication body, other than a court,'— omit, insert— the responsible tribunal (3) National Law provisions, section 204(2)(a), 'adjudication body'— omit, insert— responsible tribunal 54 Amendment of s 206 (National Board to give notice to registered health practitioner's employer and other entities) National Law provisions, section 206(1)(a)(ii) and (iii)— omit, insert— (ii) receives notice from a panel, or from the responsible tribunal hearing a matter to which the health ombudsman is not a party, that the panel or tribunal has decided to take health, conduct or performance action against a registered health practitioner; and 55 Insertion of new ss 206A and 206B National Law provisions, after section 206— insert— 206A National board to give notice to health ombudsman about health, conduct or performance action (1) This section applies if health, conduct or performance action is taken, in relation to a registered health practitioner who provides health services in this jurisdiction, by— (a) a National Board or panel; or (b) a responsible tribunal or court, in a proceeding to which the health ombudsman is not a party. (2) The National Board must give written notice of the action to the health ombudsman. (3) The written notice must include— (a) sufficient particulars to identify the registered health practitioner; and (b) details of— (i) the issues raised about the health, conduct or performance of the registered health practitioner; and (ii) the health, conduct or performance action taken in relation to the registered health practitioner. 206B National Agency or Board to give other information to health ombudsman on request (1) The health ombudsman may, by written notice given to the National Agency or a National Board, ask for— (a) information about any action taken in relation to, or other information concerning, the health, conduct or performance of a registered health practitioner, including, for example, information about any of the following— (i) the establishment of a panel or progress with a panel hearing; (ii) the start of an investigation, progress with an investigation or an investigator's report; (iii) referral of a matter to another entity; (iv) a decision to take no further action in relation to a matter; or (b) information about a stated matter relevant to the National Agency's or National Board's functions relating to the health, conduct and performance of registered health practitioners who provide health services in this jurisdiction. (2) The information that may be requested includes information about a matter concerning a registered health practitioner who provides health services in this jurisdiction, even if the matter arose outside this jurisdiction. (3) The National Agency or National Board must comply with the request. (4) In this section— information includes a report. 56 Amendment of s 231 (Other records to be kept by National Boards) National Law provisions, section 231(e)— omit, insert— (e) information about any referred matter about the practitioner received by the Board and any investigation and health, conduct or performance action taken as a result of the referred matter; 56A Replacement of s 241A Section 241A— omit, insert— 241A Proceedings for indictable offences (1) An offence against part 7, division 10 or section 159O(1) or 196A(1) is an indictable offence that is a misdemeanour. (2) Subject to subsection (3), a proceeding for an indictable offence is to be heard and decided summarily. (3) A Magistrates Court must abstain from dealing summarily with a charge of an indictable offence— (a) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or Examples of exceptional circumstances— 1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together. 2 There is an important issue of law involved. 3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards. (b) if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction. (4) If a Magistrates Court abstains from jurisdiction— (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and (b) the proceeding for the charge must be conducted as a committal proceeding; and (c) a plea of the defendant at the start of the hearing must be disregarded; and (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and (e) the Justices Act 1886, section 104 must be complied with for the committal proceeding. (5) The maximum penalty that may be imposed on a summary conviction for an indictable offence is 165 penalty units. (6) A Magistrates Court that summarily deals with a charge of an indictable offence— (a) must be constituted by a magistrate; and (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose. 57 Insertion of new pt 12A National Law provisions, after part 12— insert— Part 12A Transitional provisions for Health Ombudsman Act 2013 305A Definitions for pt 12A In this part— commencement means the commencement of this section. current matter means a matter that was being dealt with under part 8 before the commencement and, immediately before the commencement, had not been finally dealt with. current notification means a notification made under part 8 before the commencement that, immediately before the commencement, had not been finally dealt with. relevant National Board, for a notification, means the National Board that registered the registered health practitioner or student to whom the notification relates. 305B Payment of complaints element of fees by National Agency (1) Section 26A applies to the initial period as if the initial period were a financial year. (2) In this section— initial period means the remaining part of the financial year in which this section commences. 305C Mandatory notifications by health practitioners A reference in section 141(4)(e) to a notification made to the health ombudsman includes a notification to the National Agency made before the commencement. 305D Current notifications not yet referred to National Boards or other entities Section 148, as in force immediately before the commencement, continues to apply to any current notification that the National Agency had not referred to a National Board or other entity under that section before the commencement. 305E Current notifications about serious matters (1) This section applies in relation to a current notification or other current matter that, in the opinion of the relevant National Board, indicates— (a) a registered health practitioner has behaved in a way that constitutes professional misconduct; or (b) there is another ground for the suspension or cancellation of the practitioner's registration. (2) Within 28 days after the commencement, the board must, by written notice, advise the health ombudsman of the details of the matter and the action that, at the time of commencement, was being taken to deal with it. (3) At any time before the board has finally dealt with the matter, the health ombudsman may, by written notice, direct the board to— (a) refer the matter to the health ombudsman immediately; or (b) take stated action under this Law to deal with the matter and then refer it to the health ombudsman. (4) The board must comply with a direction under subsection (3). (5) If the board refers the matter to the health ombudsman in compliance with a direction— (a) the board must give the health ombudsman all the records and information relating to the matter that it is holding; and (b) the health ombudsman must deal with the matter under the Health Ombudsman Act 2013. 305F Current notifications dealt with by relevant National Board (1) This section applies to a current notification or other current matter unless, under section 310, the health ombudsman has directed the relevant National Board to refer the matter to the health ombudsman. (2) The matter must be dealt with under this Law. 305G Notifications recorded by National Board A reference in section 231(e) to a referred matter about a practitioner received by a National Board includes a notification about the practitioner made before the commencement. Schedule Health Practitioner Regulation National Law Part 1 Preliminary 1 Short title This Law may be cited as the Health Practitioner Regulation National Law. 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. 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 and are of an appropriate quality. 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 principles of the national registration and accreditation scheme set out in sections 3 and 3A. 5 Definitions In this Law— ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 (Cwlth). accreditation authority means— (a) an external accreditation entity; or (b) an accreditation committee. accreditation committee means a committee established by a National Board to exercise an accreditation function for a health profession for which the Board is established. accreditation standard, for a health profession, means a standard used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes necessary to practise the profession in Australia. accredited program of study means a program of study accredited under section 48 by an accreditation authority. adjudication body means— (a) a panel; or (b) a responsible tribunal; or (c) a Court; or (d) an entity of a co-regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the purposes of this Law. Agency Board means the Australian Health Practitioner Regulation Agency Board established by section 29. Agency Fund means the Australian Health Practitioner Regulation Agency Fund established by section 208. appropriate professional indemnity insurance arrangements, in relation to a registered health practitioner, means professional indemnity insurance arrangements that comply with an approved registration standard for the health profession in which the practitioner is registered. approved accreditation standard means an accreditation standard— (a) approved by a National Board under section 47(3); and (b) published on the Board's website under section 47(6). approved area of practice, for a health profession, means an area of practice approved under section 15 for the profession. approved program of study, for a health profession or for endorsement of registration in a health profession, means an accredited program of study— (a) approved under section 49(1) by the National Board established for the health profession; and (b) included in the list published by the National Agency under section 49(5). approved qualification— (a) for a health profession, means a qualification obtained by completing an approved program of study for the profession; and (b) for endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement. approved registration standard means a registration standard— (a) approved by the Ministerial Council under section 12; and (b) published on the website of the National Board that developed the standard. Australian legal practitioner means a person who— (a) is admitted to the legal profession under the law of a State or Territory; and (b) holds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession. COAG Agreement means the agreement for a national registration and accreditation scheme for health professions, made on 26 March 2008 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory. Note. A copy of the COAG Agreement is available on the National Agency's website. co-regulatory authority, for a co-regulatory jurisdiction, means an entity that is declared by the Act applying this Law in the co-regulatory jurisdiction to be a co-regulatory authority for the purposes of this Law. co-regulatory jurisdiction means a participating jurisdiction in which the Act applying this Law declares that the jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8. corresponding prior Act means a law of a participating jurisdiction that— (a) was in force before the day on which the jurisdiction became a participating jurisdiction; and (b) established an entity having functions that included— (i) the registration of persons as health practitioners; or (ii) health, conduct or performance action. criminal history, of a person, means the following— (a) every conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law; (b) every plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence; (c) every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law. criminal history law means a law of a participating jurisdiction that provides that spent or other convictions do not form part of a person's criminal history and prevents or does not require the disclosure of those convictions. division, of a health profession, means a part of a health profession for which a Division is included in the National Register kept for the profession. education provider means— (a) a university; or (b) a tertiary education institution, or another institution or organisation, that provides vocational training; or (c) a specialist medical college or other health profession college. entity includes a person and an unincorporated body. exercise a function includes perform a duty. external accreditation entity means an entity, other than a committee established by a National Board, that exercises an accreditation function. health assessment means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person. health complaints entity means an entity— (a) that is established by or under an Act of a participating jurisdiction; and (b) whose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system. health, conduct or performance action means action that— (a) a National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8; or (b) a co-regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co-regulatory jurisdiction, substantially corresponds to a proceeding under Part 8. health panel means a panel established under section 181. health practitioner means an individual who practises a health profession. health profession means the following professions, and includes a recognised specialty in any of the following professions— (a) Aboriginal and Torres Strait Islander health practice; (b) Chinese medicine; (c) chiropractic; (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist); (e) medical; (f) medical radiation practice; (g) midwifery; (ga) nursing; (h) occupational therapy; (i) optometry; (j) osteopathy; (ja) paramedicine; (k) pharmacy; (l) physiotherapy; (m) podiatry; (n) psychology. Note. See Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions. health profession agreement has the meaning given by section 26. health program means a program providing education, prevention, early intervention, treatment or rehabilitation services relating to physical or mental impairments, disabilities, conditions or disorders, including substance abuse or dependence. health service includes the following services, whether provided as public or private services— (a) services provided by registered health practitioners; (b) hospital services; (c) mental health services; (d) pharmaceutical services; (e) ambulance services; (f) community health services; (g) health educat