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

Health Practitioner Regulation National Law (Queensland) Editor's note— The Health Practitioner Regulation National Law is applied (with modifications) as a law of Queensland by the Health Practitioner Regulation National Law Act 2009 (Qld). This version is the Law as it applies in Queensland—see the Health Practitioner Regulation National Law Act 2009, section 4. It is intended a new reprint of the National Law will be prepared by the Office of the Queensland Parliamentary Counsel when any change in the National Law takes effect. Part 1 Preliminary 1 Short title This Law may be cited as the Health Practitioner Regulation National Law (Queensland). 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. Note— The health ombudsman is an adjudication body. Editor's note— This definition is an amended Queensland provision. 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. complainant, for part 8, see section 139C. Editor's note— This definition is an additional Queensland provision. complaint, for part 8, see section 139C. Editor's note— This definition is an additional Queensland provision. 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. Note— The health ombudsman is a co-regulatory authority. Editor's note— This definition is an amended Queensland provision. 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. Note— Queensland is a co-regulatory jurisdiction. Editor's note— This definition is an amended Queensland provision. 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 ombudsman means the health ombudsman under the Health Ombudsman Act 2013. Editor's note— This definition is an additional Queensland provision. 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 education services; (h) welfare services necessary to implement any services referred to in paragraphs (a) to (g); (i) services provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists; (j) pathology services. health service provider means a person who provides a health service. impairment, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect— (a) for a registered health practitioner or an applicant for registration in a health profession, the person's capacity to practise the profession; or (b) for a student, the student's capacity to undertake clinical training— (i) as part of the approved program of study in which the student is enrolled; or (ii) arranged by an education provider. interim prohibition order, for Division 7A of Part 8, see section 159B. local registration authority means an entity having functions under a law of a State or Territory that include the registration of persons as health practitioners. mandatory notification means a notification an entity is required to make to the health ombudsman under Division 2 of Part 8. Editor's note— This definition is an amended Queensland provision. medical practitioner means a person who is registered under this Law in the medical profession. Ministerial Council means a body, however described, that consists of the Minister of each participating jurisdiction, and the Commonwealth, who is responsible, or principally responsible, for matters relating to health. National Agency means the Australian Health Practitioner Regulation Agency established by section 23. National Board means a National Health Practitioner Board continued or established by regulations made under section 31. National Register means the Register kept by a National Board under section 222. national registration and accreditation scheme means the scheme— (a) referred to in the COAG Agreement; and (b) established by this Law. notification means— (a) a mandatory notification; or (b) a voluntary notification. notifier means a person who makes a notification. Office of the Health Ombudsman means the Office of the Health Ombudsman established under the Health Ombudsman Act 2013. Editor's note— This definition is an additional Queensland provision. panel means— (a) a health panel; or (b) a performance and professional standards panel. participating jurisdiction means a State or Territory— (a) that is a party to the COAG Agreement; and (b) in which— (i) this Law applies as a law of the State or Territory; or (ii) a law that substantially corresponds to the provisions of this Law has been enacted. performance and professional standards panel means a panel established under section 182. performance assessment means an assessment of the knowledge, skill or judgment possessed, or care exercised by, a registered health practitioner in the practice of the health profession in which the practitioner is registered. police commissioner means the commissioner of the police force or police service of a participating jurisdiction or the Commonwealth. practice arrangement, between a registered health practitioner or unregistered person, and an entity— (a) includes— (i) a contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or (ii) an agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but (b) does not include a contract or agreement not directly related to the provision of a health service. principal place of practice, for a registered health practitioner, means the address declared by the practitioner to be the address— (a) at which the practitioner is predominantly practising the profession; or (b) if the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner's principal place of residence. professional misconduct, of a registered health practitioner, includes— (a) unprofessional conduct by the practitioner that amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and (b) more than one instance of unprofessional conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and (c) conduct of the practitioner, whether occurring in connection with the practice of the health practitioner's profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession. program of study means a program of study provided by an education provider. prohibition order means— (a) a decision by a responsible tribunal of this jurisdiction under section 196(4)(b) or (c); or (b) a decision by a responsible tribunal of another participating jurisdiction under section 196(4)(b) or (c) as it applies in the other jurisdiction; or (c) a prohibition order under section 149C(5) of the Health Practitioner Regulation National Law (NSW); or (d) a decision under section 107(4)(b) of the Health Ombudsman Act 2013 (Qld). psychologist means a person registered under this Law in the psychology profession. public health facility includes— (a) a public hospital; and (b) a public health, teaching or research facility. recognised specialty means a specialty in a health profession that has been approved by the Ministerial Council under section 13(2). 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. Editor's note— This definition is an additional Queensland provision. registered health practitioner means an individual who— (a) is registered under this Law to practise a health profession, other than as a student; or (b) holds non-practising registration under this Law in a health profession. registration authority means— (a) a local registration authority; or (b) an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction. registration standard means a registration standard developed by a National Board under section 38. registration status, in relation to an applicant for registration, includes— (a) any undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and (b) any conditions previously imposed on the applicant's registration by a registration authority, whether before or after the commencement of this Law; and (c) any decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant's practice of the profession, whether before or after the commencement of this Law; and (d) any investigation commenced by a registration authority or a health complaints entity into the applicant's conduct, performance or possible impairment but not finalised at the time of the application. regulatory body, in relation to a person, means any of the following— (a) the National Agency; (b) for a person who is or was a registered health practitioner—a National Board for a health profession in which the person is or was registered. relevant action, for Division 10 of Part 8, see section 178. relevant fee, for a service provided by a National Board, means the fee— (a) set under a health profession agreement between the Board and the National Agency for the service; and (b) published on the Board's website under section 26(3). relevant provision— (a) for Division 7A of Part 8, see section 159B; or (b) for Division 7B of Part 8, see section 159P. responsible Minister means a Minister responsible for the administration of this Law in a participating jurisdiction. responsible tribunal means a tribunal or court that— (a) is declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction, or (b) is declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction. Note— QCAT is the responsible tribunal for this jurisdiction. Editor's note— This definition is an amended Queensland provision. review period, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under section 125, 126 or 127. scheduled medicine means a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth. specialist health practitioner means a person registered under this Law in a recognised specialty. Specialists Register means a register kept by a National Board under section 223. specialist title, in relation to a recognised specialty, means a title that is approved by the Ministerial Council under section 13 as being a specialist title for that recognised specialty. State or Territory Board has the meaning given by section 36. student means a person whose name is entered in a student register as being currently registered under this Law. student register, for a health profession, means a register kept under section 229 by the National Board established for the profession. suspension period, in relation to a person's registration in a health profession, for Subdivision 2 of Division 9 of Part 7, see section 112A. unprofessional conduct, of a registered health practitioner, means professional conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner's professional peers, and includes— (a) a contravention by the practitioner of this Law, whether or not the practitioner has been prosecuted for, or convicted of, an offence in relation to the contravention; and (b) a contravention by the practitioner of— (i) a condition to which the practitioner's registration was subject; or (ii) an undertaking given by the practitioner to the National Board that registers the practitioner; and (c) the conviction of the practitioner for an offence under another Act, the nature of which may affect the practitioner's suitability to continue to practise the profession; and (d) providing a person with health services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person's well-being; and (e) influencing, or attempting to influence, the conduct of another registered health practitioner in a way that may compromise patient care; and (f) accepting a benefit as inducement, consideration or reward for referring another person to a health service provider or recommending another person use or consult with a health service provider; and (g) offering or giving a person a benefit, consideration or reward in return for the person referring another person to the practitioner or recommending to another person that the person use a health service provided by the practitioner; and (h) referring a person to, or recommending that a person use or consult, another health service provider, health service or health product if the practitioner has a pecuniary interest in giving that referral or recommendation, unless the practitioner discloses the nature of that interest to the person before or at the time of giving the referral or recommendation. unregistered person means a person who is not registered, or whose registration is suspended, under this Law. unsatisfactory professional performance, of a registered health practitioner, means the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the health profession in which the practitioner is registered is below the standard reasonably expected of a health practitioner of an equivalent level of training or experience. voluntary notification means a notification made under Division 3 of Part 8. 6 Interpretation generally Schedule 7 applies in relation to this Law. 7 Single national entity (1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied. (2) An entity established by or under this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction. (3) An entity established by or under this Law may exercise its functions in relation to— (a) one participating jurisdiction; or (b) 2 or more or all participating jurisdictions collectively. (4) In this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction. 8 Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following— (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction. 9 Trans-Tasman mutual recognition principle This Law does not affect the operation of an Act of a participating jurisdiction providing for the application of the Trans-Tasman mutual recognition principle to occupations. 9A Regulation-making power The Governor in Council may make regulations under this Act. Editor's note— This section is an additional Queensland provision. 10 Law binds the State (1) This Law binds the State. (2) In this section— State means the Crown in right of this jurisdiction, and includes— (a) the Government of this jurisdiction; and (b) a Minister of the Crown in right of this jurisdiction; and (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction. Part 2 Ministerial Council 11 Policy directions (1) The Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law. (2) The Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law. (3) Without limiting subsections (1) and (2), a direction under this section may relate to— (a) a matter relevant to the policies of the National Agency or a National Board; or (b) an administrative process of the National Agency or a National Board; or (c) a procedure of the National Agency or a National Board; or (d) a particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession. (4) However, the Ministerial Council may give a National Board a direction under subsection (3)(d) only if— (a) in the Council's opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and (b) the Council has first given consideration to the potential impact of the Council's direction on the quality and safety of health care. (5) A direction under this section cannot be about— (a) a particular person; or (b) a particular qualification; or (c) a particular application, notification, referred matter or proceeding. Editor's note— This paragraph is an amended Queensland provision. (6) The National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section. 12 Approval of registration standards (1) The Ministerial Council may approve a registration standard about— (a) the registration, or renewal of registration, of persons in a health profession; or (b) the endorsement, or renewal of the endorsement, of the registration of registered health practitioners. (2) The Ministerial Council may approve a registration standard for a health profession only if— (a) its approval is recommended by the National Board established for the health profession; and (b) it does not provide for a matter about which an accreditation standard may provide. Note. An accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6. (3) The Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established. (4) The Ministerial Council may delegate any of the Council's powers under subsection (1) to an entity it considers appropriate to exercise the power. 13 Approvals in relation to specialist registration (1) The following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law— (a) the medical profession; (b) the dentists division of the dental profession; (c) any other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the profession. (2) If a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession— (a) approve a list of specialties for the profession; and (b) approve one or more specialist titles for each specialty in the list. (3) In making a recommendation to the Ministerial Council for the purposes of subsection (1)(c) or (2), a National Board established for a health profession may have regard to any relevant advice provided by— (a) an accreditation authority for the profession; or (b) a specialist college for the profession. (4) The Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council. 14 Approval of endorsement in relation to scheduled medicines (1) The Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising a profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines. Note. See section 94 which provides for the endorsement of health practitioners' registration in relation to scheduled medicines. (2) An approval under subsection (1) is to specify— (a) the class of health practitioners registered by the Board to which the approval relates; and (b) whether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and (c) whether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines. 15 Approval of areas of practice for purposes of endorsement The Ministerial Council may, on the recommendation of a National Board, approve an area of practice in a health profession for which the Board is established as being an area of practice for which the registration of a health practitioner registered in the profession may be endorsed. Note. See section 98 which provides for the endorsement of health practitioners' registration in relation to approved areas of practice. 16 How Ministerial Council exercises functions (1) The Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council. (2) An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council's membership. 17 Notification and publication of directions and approvals (1) A copy of any direction given by the Ministerial Council to the National Agency— (a) is to be given to the Chairperson of the Agency Board; and (b) must be published by the National Agency on its website as soon as practicable after being received by the Chairperson. (2) A copy of a direction or approval given by the Ministerial Council to a National Board— (a) is to be given to the Chairperson of the National Board; and (b) if the direction is given under section 11(3)(d), is to include reasons for the direction; and (c) must be published by the National Board on its website as soon as practicable after being received by the Chairperson. (3) A copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National Agency. Part 3 [Repealed] 18 [Repealed] 19 [Repealed] 20 [Repealed] 21 [Repealed] 22 [Repealed] Part 4 Australian Health Practitioner Regulation Agency Division 1 National Agency 23 National Agency (1) The Australian Health Practitioner Regulation Agency is established. (2) The National Agency— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. (3) The National Agency represents the State. (4) Schedule 3 sets out provisions relating to the National Agency. 24 General powers of National Agency The National Agency has all the powers of an individual and, in particular, may— (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with, real and personal property; and (c) do anything necessary or convenient to be done in the exercise of its functions. 25 Functions of National Agency The functions of the National Agency are as follows— (a) to provide administrative assistance and support to the National Boards, and the Boards' committees, in exercising their functions; (b) in consultation with the National Boards, to develop and administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards; (c) to establish procedures for the development of accreditation standards, registration standards and codes and guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice; (d) to negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement; (e) to establish and administer an efficient procedure for receiving and dealing with applications for registration as a health practitioner and other matters relating to the registration of registered health practitioners; (f) in conjunction with the National Boards, to keep up-to-date and publicly accessible national registers of registered health practitioners for each health profession; (g) in conjunction with the National Boards, to keep up-to-date national registers of students for each health profession; (h) to keep an up-to-date and publicly accessible list of approved programs of study for each health profession; (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; Editor's note— This paragraph is a substituted Queensland provision. (j) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme; (k) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme; (ka) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme; (l) any other function given to the National Agency by or under this Law. 26 Health profession agreements (1) The National Agency must enter into an agreement (a health profession agreement) with a National Board that makes provision for the following— (a) the fees that will be payable under this Law by health practitioners and others in respect of a health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment); (b) the annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities); (c) the services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions under this Law. (2) If the National Agency and a National Board are unable to agree on a matter relating to a health profession agreement or a proposed health profession agreement, the Ministerial Council may give directions to the National Agency and National Board about how the dispute is to be resolved. (3) Each National Board must publish on its website the fees for which provision has been made in a health profession agreement between the Board and the National Agency. 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. Editor's note— This section is an additional Queensland provision. 27 Co-operation with participating jurisdictions and Commonwealth (1) The National Agency may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following— (a) a government agency of a participating jurisdiction or of the Commonwealth; (b) a local registration authority; (c) a co-regulatory authority; (d) a health complaints entity; (e) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth. (2) In particular, the National Agency may— (a) ask an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and (b) use the information to exercise its functions under this Law. (3) An entity referred to in subsection (1) that receives a request for information from the National Agency is authorised to give the information to the National Agency. 28 Office of National Agency (1) The National Agency is to establish a national office. (2) The National Agency is also to establish at least one local office in each participating jurisdiction. Division 2 Agency Board 29 Agency Board (1) The Australian Health Practitioner Regulation Agency Board is established. (2) The Agency Board is to consist of at least 5 members appointed by the Ministerial Council. (3) Of the members— (a) one is to be a person appointed by the Ministerial Council as Chairperson, being a person who— (i) is not a registered health practitioner; and (ii) has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and (b) at least 2 others are to be persons who have expertise in health, or education and training, or both; and (c) at least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise. (4) Schedule 2 sets out provisions relating to the Agency Board. 30 Functions of Agency Board (1) The functions of the Agency Board are as follows— (a) subject to any directions of the Ministerial Council, to decide the policies of the National Agency; (b) to ensure that the National Agency performs its functions in a proper, effective and efficient way; (c) any other function given to the Board by or under this Law. (2) The affairs of the National Agency are to be controlled by the Agency Board and all acts and things done in the name of, or on behalf of, the National Agency by or with the authority of the Agency Board are taken to have been done by the National Agency. Part 5 National Boards Division 1 National Boards 31 Regulations must provide for National Boards (1) The regulations must provide for a National Health Practitioner Board for each health profession. (2) The regulations may— (a) continue an existing Board for a health profession; or (b) establish a Board for a health profession or for 2 or more health professions; or (c) dissolve a Board for a health profession (the dissolved Board) if another Board is established for that health profession (the replacement Board). (3) The regulations may provide for anything for which it is necessary or convenient to make provision to allow, facilitate or provide for the following— (a) the continuation, establishment or dissolution of a Board under subsection (2); (b) the completion of a matter started by the existing Board before the commencement; (c) the effect of anything done by an existing Board before the commencement; (d) the transfer of matters from a dissolved Board to a replacement Board. (4) Before a regulation is made under subsection (2)(b) or (c), the Ministers comprising the Ministerial Council must undertake public consultation on the proposed regulation. (5) However, failure to comply with subsection (4) does not affect the validity of the regulation. (6) In this section— existing Board means a National Health Practitioner Board in existence immediately before the commencement. 31A Status of National Board (1) A National Board— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. (2) A National Board represents the State. 32 Powers of National Board (1) Subject to subsection (2), a National Board has the powers necessary to enable it to exercise its functions. (2) A National Board does not have power to— (a) enter into contracts; or (b) employ staff; or (c) acquire, hold, dispose of, and deal with, real property. (3) The National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following— (a) a government agency of a participating jurisdiction or of the Commonwealth; (b) a local registration authority; (c) a co-regulatory authority; (d) a health complaints entity; (e) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth. (4) In particular, the National Board may— (a) ask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and (b) use the information to exercise its functions under this Law. (5) An entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board. 33 Membership of National Boards (1) A National Board is to consist of members appointed in writing by the Ministerial Council. (2) Members of a National Board are to be appointed as practitioner members or community members. (3) Subject to this section, the Ministerial Council may decide the size and composition of a National Board. (4) At least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members. (5) The practitioner members of a National Board must consist of— (a) at least one member from each large participating jurisdiction; and (b) at least one member from a small participating jurisdiction. (c) if the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established. (6) At least 2 of the members of a National Board must be persons appointed as community members. (7) At least one of the members of a National Board must live in a regional or rural area. (8) A person cannot be appointed as a member of a National Board if the person is a member of the Agency Board. (9) One of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council. (9A) The regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more health professions. (10) Schedule 4 sets out provisions relating to a National Board. (11) In this section— large participating jurisdiction means any of the following States that is a participating jurisdiction— (a) New South Wales; (b) Queensland; (c) South Australia; (d) Victoria; (e) Western Australia. small participating jurisdiction means any of the following States or Territories that is a participating jurisdiction— (a) the Australian Capital Territory; (b) the Northern Territory; (c) Tasmania. 34 Eligibility for appointment (1) In deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board's functions. (2) A person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in a health profession for which the Board is established. (3) A person is eligible to be appointed as a community member only if the person is not, and has not at any time been, a health practitioner in a health profession for which the Board is established. (4) A person is not eligible to be appointed as a member of a National Board if— (a) in the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person's misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or (b) in any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member. Division 2 Functions of National Boards 35 Functions of National Boards (1) The functions of a National Board established for a health profession are as follows— (a) to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession; (b) to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession; (c) to develop or approve standards, codes and guidelines for the health profession, including— (i) the approval of accreditation standards developed and submitted to it by an accreditation authority; and (ii) the development of registration standards for approval by the Ministerial Council; and (iii) the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession; (d) to approve accredited programs of study as providing qualifications for registration or endorsement in the health profession; (e) to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia; (f) to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement; (g) to oversee the assessment and investigation of matters referred to it by the National Agency about persons who— (i) are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or (ii) are students in the health profession; Editor's note— This paragraph is an amended Queensland provision. (h) to establish panels to conduct hearings about— (i) health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and (ii) health matters in relation to students registered by the Board; (i) to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions or to the health ombudsman; Editor's note— This paragraph is an amended Queensland provision. (j) to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students; (k) to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession; (l) in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession; (m) in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession; (n) at the Board's discretion, to provide financial or other support for health programs for registered health practitioners and students; (o) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession; (p) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme; (q) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme; (r) any other function given to the Board by or under this Law. (2) For the purposes of subsection (1)(g)-(j), the Board's functions do not include taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction unless the National Agency has referred the relevant matter to the Board. Editor's note— This subsection is an amended Queensland provision. 36 State and Territory Boards (1) A National Board may establish a committee (a State or Territory Board) for a participating jurisdiction to enable the Board to exercise its functions in the jurisdiction in a way that provides an effective and timely local response to health practitioners and other persons in the jurisdiction. (2) A State or Territory Board is to be known as the "[Name of participating jurisdiction for which it is established] Board" of the National Board. (3) The members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction. Example. (a) The Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales. (b) The Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory. (4) In deciding whether to appoint a person as a member of a State or Territory Board, the responsible Minister is to have regard to the skills and experience of the person that are relevant to the Board's functions. (5) At least half, but not more than two-thirds, of the members of a State or Territory Board must be persons appointed as practitioner members. (6) At least 2 of the members of a State or Territory Board must be persons appointed as community members. Note. See section 299 which provides that subsections (5) and (6) do not apply to a State or Territory Board for a jurisdiction for the first 12 months after the jurisdiction becomes a participating jurisdiction. (7) Before a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised. (8) The National Agency may assist a responsible Minister in the process of appointing members of a State or Territory Board, including in the advertising of vacancies. (9) It is not necessary to advertise a vacancy in the membership of a State or Territory Board before appointing a person to act in the office of a member. Note. The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board. (10) This section does not limit clause 11 of Schedule 4. Note. Clause 11 of Schedule 4 confers power for the establishment of other committees. 37 Delegation of functions (1) A National Board may delegate any of its functions, other than this power of delegation, to— (a) a committee; or (b) the National Agency; or (c) a member of the staff of the National Agency; or (d) a person engaged as a contractor by the National Agency. (2) The National Agency may subdelegate any function delegated to the National Agency by a National Board to a member of the staff of the National Agency. Division 3 Registration standards and codes and guidelines 38 National board must develop registration standards (1) A National Board must develop and recommend to the Ministerial Council one or more registration standards about the following matters for a health profession for which the Board is established— (a) requirements for professional indemnity insurance arrangements for registered health practitioners registered in the profession; (b) matters about the criminal history of applicants for registration in the profession, and registered health practitioners and students registered in a health profession for which the Board is established, including, the matters to be considered in deciding whether an individual's criminal history is relevant to the practice of the profession; (c) requirements for continuing professional development for registered health practitioners registered in the profession; (d) requirements about the English language skills necessary for an applicant for registration in the profession to be suitable for registration in the profession; (e) requirements in relation to the nature, extent, period and recency of any previous practice of the profession by applicants for registration in the profession. (2) Subject to subsection (3), a National Board may also develop, and recommend to the Ministerial Council, one or more registration standards about the following— (a) the physical and mental health of— (i) applicants for registration in the profession; and (ii) registered health practitioners and students; (b) the scope of practice of health practitioners registered in the profession; (c) any other issue relevant to the eligibility of individuals for registration in the profession or the suitability of individuals to competently and safely practise the profession. (3) A registration standard may not be about a matter for which an accreditation standard may provide. Note. An accreditation standard for a health profession is used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the pro