South Australia: Health Practitioner Regulation National Law (South Australia) Act 2010 (SA)

South Australia Health Practitioner Regulation National Law (South Australia) Act 2010 An Act to make provision for a national legislative scheme for the regulation of health practitioners; to make provision for local matters associated with the regulation of health practitioners, the registration of pharmacy premises and pharmacy depots and the supply of optical appliances; to repeal certain Acts associated with the regulation of health professions; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Definitions Part 2—Adoption of Health Practitioner Regulation National Law 4 Application of Health Practitioner Regulation National Law 5 Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction 6 Responsible tribunal for Health Practitioner Regulation National Law 6A Review of appellable decisions by Tribunal 6B No internal review by Tribunal 7 Exclusion of legislation of this jurisdiction Part 3—Tribunal proceedings and powers 8 Interpretation 9 Participation of assessors on Tribunal 10 Interim power to suspend or impose conditions 11 Tribunal proceedings 12 Failure to comply with a summons 13 Request to submit to medical examination at request of another party 14 Non-compliance with request to submit to medical examination 15 Fine recovery Part 4—Pharmacy practice Division 1—Interpretation 26 Interpretation Division 2—Pharmacy Regulation Authority SA Subdivision 1—Establishment of Authority 27 Establishment of Authority Subdivision 2—Authority's membership 28 Composition of Authority 29 Terms and conditions of membership 30 Presiding member and deputy 31 Vacancies or defects in appointment of members 32 Remuneration of members Subdivision 3—General Manager and staff 33 General Manager and staff Subdivision 4—General functions and powers 34 Functions of Authority 35 Delegations Subdivision 5—Authority's procedures 36 Authority's procedures 37 Conflict of interest etc under Public Sector provisions Subdivision 6—Accounts, audit and annual report 38 Accounts and audit 39 Annual report Division 3—Registration of pharmacies and depots 40 Registers 41 Registration of premises as pharmacy 42 Restriction on number of pharmacies 43 Supervision of pharmacies by pharmacists 44 Certain other businesses not to be carried on at pharmacy 45 Registration of premises as pharmacy depot 46 Conditions 47 Notices 48 Reviewable decisions Division 4—Registration of pharmacy services providers 49 Registers 50 Registration of pharmacy services providers Division 5—Restrictions relating to provision of pharmacy services 51 Restrictions relating to provision of pharmacy services Division 6—Disciplinary proceedings 52 Preliminary 53 Cause for disciplinary action 54 Inquiries as to matters constituting grounds for disciplinary action 55 Contravention of prohibition order 56 Constitution of Authority for purpose of proceedings 57 Provisions as to proceedings before Authority 58 Powers of Authority in relation to witnesses etc 59 Principles governing proceedings 60 Representation at proceedings before Authority 61 Costs 62 Review by Tribunal 63 Operation of order may be suspended 63A Variation or revocation of conditions imposed by Tribunal Division 7—Related provisions 64 Authorised officers 65 False or misleading statement 66 Disclosure of information 67 Use of word "pharmacy" 68 Providers of pharmacy services to be indemnified against loss 69 Information relating to claims 70 Punishment of conduct that constitutes an offence 71 Evidentiary provision 72 Vicarious liability for offences Part 5—Optometry practice 73 Interpretation 74 Unauthorised dispensing of optical appliances 75 Dispensing expired prescription 76 Failure to give free prescription on request 77 Authorised officers Part 5A—Restrictions on single person attendances in remote areas Division 1—Preliminary 77A Interpretation 77B Interaction with other Acts Division 2—Restrictions on single person attendances in remote areas 77C Application of Division 77D Second responders 77E Health practitioner to be accompanied by second responder 77F Limitation of liability Division 3—Providers of health services in remote areas to have policies and procedures to ensure safety and security of health practitioners 77G Application of Division 77H Providers of health services in remote areas to prepare or adopt policies and procedures for the safety and security of health practitioners 77I Policies and procedures to be reviewed 77J State authorities not to contract etc with non-compliant providers 77K Power of Minister on refusal etc to comply with Division Division 4—Miscellaneous 77L Exemption 77M Review of Part Part 6—Miscellaneous 78 Delegations 79 Commissioner of Police may give criminal history information 80 Application of fines 81 Investigators and inspectors 82 Regulations 83 Review of Part 3 Schedule 1—Repeals and transitional provisions Part 17—Repeal of certain South Australian Acts 28 Repeal of certain South Australian Acts Part 18—Saving and transitional provisions Division 1—Interpretation 29 Interpretation Division 2—Transfer of assets and liabilities 30 Ministerial orders 31 Effect of allocation order 32 Continued effect of certain acts by a prescribed body 33 Continuation of proceedings 34 Evidence of transfer 35 References 36 Substitution of relevant entity Division 3—Staff 37 Staff Division 4—Provision of information and assistance 38 Provision of information and assistance Division 5—References 39 References to members of professions Division 6—Complaints, notifications and disciplinary proceedings 40 Extended application of disciplinary proceedings 41 Proceedings before boards 42 Proceedings initiated by complaint 43 Complaints being dealt with on participation day Division 7—Other matters 44 Actions with respect to immunity 45 Pharmacies and pharmacy depots 46 Pharmacy services providers 47 Areas of special need 48 References to Registrars 49 FOI applications 50 Fees 51 Regulations 52 Validity and effect of steps Schedule 2—Health Practitioner Regulation National Law Part 1—Preliminary 1 Short title 2 Commencement 3 Objectives 3A Guiding principles 4 How functions to be exercised 5 Definitions 6 Interpretation generally 7 Single national entity 8 Extraterritorial operation of Law 9 Trans-Tasman mutual recognition principle 10 Law binds the State Part 2—Ministerial Council 11 Policy directions 12 Approval of registration standards 13 Approvals in relation to specialist registration 14 Approval of endorsement in relation to scheduled medicines 15 Approval of areas of practice for purposes of endorsement 16 How Ministerial Council exercises functions 17 Notification and publication of directions and approvals Part 4—Australian Health Practitioner Regulation Agency Division 1—National Agency 23 National Agency 24 General powers of National Agency 25 Functions of National Agency 26 Health profession agreements 27 Co-operation with participating jurisdictions and Commonwealth 28 Office of National Agency Division 2—Agency Board 29 Agency Board 30 Functions of Agency Board Part 5—National Boards Division 1—National Boards 31 Regulations must provide for National Boards 31A Status of National Board 32 Powers of National Board 33 Membership of National Boards 34 Eligibility for appointment Division 2—Functions of National Boards 35 Functions of National Boards 36 State and Territory Boards 37 Delegation of functions Division 3—Registration standards and codes and guidelines 38 National Board must develop registration standards 39 Codes and guidelines 40 Consultation about registration standards, codes and guidelines 41 Use of registration standards, codes or guidelines in disciplinary proceedings Part 6—Accreditation Division 1—Preliminary 42 Definition Division 2—Accreditation authorities 43 Accreditation authority to be decided 44 National Agency may enter into contracts with external accreditation entities 45 Accreditation processes to be published Division 3—Accreditation functions 46 Development of accreditation standards 47 Approval of accreditation standards 48 Accreditation of programs of study 49 Approval of accredited programs of study 50 Accreditation authority to monitor approved programs of study 51 Changes to approval of program of study Part 7—Registration of health practitioners Division 1—General registration 52 Eligibility for general registration 53 Qualifications for general registration 54 Examination or assessment for general registration 55 Unsuitability to hold general registration 56 Period of general registration Division 2—Specialist registration 57 Eligibility for specialist registration 58 Qualifications for specialist registration 59 Examination or assessment for specialist registration 60 Unsuitability to hold specialist registration 61 Period of specialist registration Division 3—Provisional registration 62 Eligibility for provisional registration 63 Unsuitability to hold provisional registration 64 Period of provisional registration Division 4—Limited registration 65 Eligibility for limited registration 66 Limited registration for postgraduate training or supervised practice 67 Limited registration for area of need 68 Limited registration in public interest 69 Limited registration for teaching or research 70 Unsuitability to hold limited registration 71 Limited registration not to be held for more than one purpose 72 Period of limited registration Division 5—Non-practising registration 73 Eligibility for non-practising registration 74 Unsuitability to hold non-practising registration 75 Registered health practitioner who holds non‑practising registration must not practise the profession 76 Period of non‑practising registration Division 6—Application for registration 77 Application for registration 78 Power to check applicant's proof of identity 79 Power to check applicant's criminal history 80 Boards' other powers before deciding application for registration 81 Applicant may make submissions about proposed refusal of application or imposition of condition 82 Decision about application 83 Conditions of registration 83A Undertakings at registration 84 Notice to be given to applicant 85 Failure to decide application Division 6A—Withdrawal of registration 85A Power to withdraw registration 85B Registered health practitioner may make submissions about proposed withdrawal of registration 85C Decision about withdrawal of registration 85D Notice to be given to registered health practitioner 85E When decision takes effect Division 7—Student registration Subdivision 1—Persons undertaking approved programs of study 86 Definitions 87 National Board must register persons undertaking approved program of study 88 National Board may ask education provider for list of persons undertaking approved program of study 89 Registration of students 90 Period of student registration Subdivision 2—Other persons to be registered as students 91 Education provider to provide lists of persons Subdivision 3—General provisions applicable to students 92 Notice to be given if student registration suspended or conditions imposed 93 Report to National Board of cessation of status as student Division 8—Endorsement of registration Subdivision 1—Endorsement in relation to scheduled medicines 94 Endorsement for scheduled medicines Subdivision 2—Endorsement in relation to nurse practitioners 95 Endorsement as nurse practitioner Subdivision 4—Endorsement in relation to acupuncture 97 Endorsement for acupuncture Subdivision 5—Endorsements in relation to approved areas of practice 98 Endorsement for approved area of practice Subdivision 6—Application for endorsement 99 Application for endorsement 100 Boards' other powers before deciding application for endorsement 101 Applicant may make submissions about proposed refusal of application or imposition of condition 102 Decision about application 103 Conditions of endorsement 103A Undertakings at endorsement 104 Notice of decision to be given to applicant 105 Period of endorsement 106 Failure to decide application for endorsement Division 9—Renewal of registration Subdivision 1—Renewal of registration of registered health practitioner 107 Application for renewal of registration or endorsement 108 Registration taken to continue in force 109 Annual statement 110 National Board's powers before making decision 111 Applicant may make submissions about proposed refusal of application for renewal or imposition of condition 112 Decision about application for renewal Subdivision 2—Renewal of registration after suspension period 112A Application of Subdivision 112B Application for renewal of registration 112C End of registration 112D Sections 109 to 112 apply to application for renewal under this Subdivision Division 10—Title and practice protections Subdivision 1—Title protections 113 Restriction on use of protected titles 114 Use of title "acupuncturist" 115 Restriction on use of specialist titles 115A Claims by persons as to membership of surgical class 116 Claims by persons as to registration as health practitioner 117 Claims by persons as to registration in particular profession or division 118 Claims by persons as to specialist registration 119 Claims about type of registration or registration in recognised specialty 120 Registered health practitioner registered on conditions Subdivision 2—Practice protections 121 Restricted dental acts 122 Restriction on prescription of optical appliances 123 Restriction on spinal manipulation 123A Restricted birthing practices Division 11—Miscellaneous Subdivision 1—Certificates of registration 124 Issue of certificate of registration Subdivision 2—Review of conditions and undertakings 125 Changing or removing conditions or undertaking on application by registered health practitioner or student 126 Changing conditions on Board's initiative 127 Removal of condition or revocation of undertaking 127A When matters under this Subdivision may be decided by review body of a co-regulatory jurisdiction Subdivision 3—Obligations of registered health practitioners and students 128 Continuing professional development 129 Professional indemnity insurance arrangements 130 Registered health practitioner or student to give National Board notice of certain events 131 Change in principal place of practice, address or name 131A Nomination of an alternative name 131B Use of names 132 National Board may ask registered health practitioner for practice information Subdivision 4—Advertising 133 Advertising Subdivision 5—Board's powers to check identity and criminal history 134 Evidence of identity 135 Criminal history check Subdivision 6—General 136 Directing or inciting unprofessional conduct or professional misconduct 137 Surrender of registration Part 8—Health, performance and conduct Division 1—Preliminary 138 Application of Part to persons who are registered health practitioners 139 Proceedings in relation to practitioner's behaviour while temporarily unregistered 139A Application of Part to persons who were registered health practitioners 139B Application of Part to persons who were registered under corresponding prior Act Division 2—Mandatory notifications 140 Definition of notifiable conduct 141 Mandatory notifications by health practitioners other than treating practitioners 141A Mandatory notifications by treating practitioners of sexual misconduct 141B Mandatory notifications by treating practitioners of substantial risk of harm to public 141C When practitioner does not form reasonable belief in course of providing health service 142 Mandatory notifications by employers 143 Mandatory notification by education providers Division 3—Voluntary notifications 144 Grounds for voluntary notification 145 Who may make voluntary notification Division 4—Making a notification 146 How notification is made 147 National Agency to provide reasonable assistance to notifier Division 5—Preliminary assessment 148 Referral of notification to National Board or co‑regulatory authority 149 Preliminary assessment 149A Power to require information 149B Inspection of documents 150 Relationship with health complaints entity 150A Referral to other entities 151 When National Board may decide to take no further action 152 National Board to give notice of receipt of notification Division 6—Other matters 153 National Board may deal with notifications about same person together 154 National Boards may deal with notifications collaboratively Division 7—Immediate action 155 Definition 156 Power to take immediate action 157 Show cause process 158 Notice to be given to registered health practitioner or student about immediate action 159 Period of immediate action 159A Board may give information to notifier about immediate action Division 7A—Interim prohibition orders 159B Definitions 159C Issuing of interim prohibition order 159D Show cause process for interim prohibition orders 159E Decision to take urgent action to issue interim prohibition order 159F Duration of interim prohibition order 159G Revocation or variation of interim prohibition order 159H Extension of interim prohibition order by regulatory body 159I Regulatory body may give information to notifier about interim prohibition order 159J Application for extension of interim prohibition order by regulatory body 159K Decision about extension of interim prohibition order 159L Revocation of extended or substituted interim prohibition order by responsible tribunal 159M Variation of interim prohibition order by responsible tribunal 159N Publication of information about interim prohibition orders 159O Offences relating to interim prohibition orders Division 7B—Public statements 159P Definition 159Q Making of public statement 159R Show cause process for public statement 159S Revision of public statement by regulatory body 159T Revocation of public statement Division 8—Investigations Subdivision 1—Preliminary 160 When investigation may be conducted 161 Registered health practitioner or student to be given notice of investigation 162 Investigation to be conducted in timely way Subdivision 2—Investigators 163 Appointment of investigators 164 Identity card 165 Display of identity card Subdivision 3—Procedure after investigation 166 Investigator's report about investigation 167 Decision by National Board 167A Board may give information to notifier about result of investigation Division 9—Health and performance assessments 168 Definition 169 Requirement for health assessment 170 Requirement for performance assessment 171 Appointment of assessor to carry out assessment 172 Notice to be given to registered health practitioner or student about assessment 173 Assessor may require information or attendance 174 Inspection of documents 175 Report from assessor 176 Copy of report to be given to health practitioner or student 177 Decision by National Board 177A Board may give information to notifier about decision following assessor's report Division 10—Action by National Board 178 National Board may take action 179 Show cause process 180 Notice to be given to health practitioner or student and notifier Division 11—Panels 181 Establishment of health panel 182 Establishment of performance and professional standards panel 183 List of approved persons for appointment to panels 184 Notice to be given to registered practitioner or student 185 Procedure of panel 186 Legal representation 187 Submission by notifier 188 Panel may proceed in absence of registered health practitioner or student 189 Hearing not open to the public 190 Referral to responsible tribunal or National Board 191 Decision of panel 191A Decision of panel after reconsideration of suspension 191B Change of reconsideration date for suspension of registration 192 Notice to be given about panel's decision Division 12—Referring matter to responsible tribunals 193 Matters to be referred to responsible tribunal 193A National Boards may decide not to refer certain matters 194 Parties to the proceedings 195 Costs 196 Decision by responsible tribunal about registered health practitioner 196A Offences relating to prohibition orders 197 Decision by responsible tribunal about student 198 Relationship with Act establishing responsible tribunal Division 13—Appeals 199 Appellable decisions 200 Parties to the proceedings 201 Costs 202 Decision 203 Relationship with Act establishing responsible tribunal Division 14—Miscellaneous 204 Notice from adjudication body 205 Implementation of decisions 206 National Board to give notice to registered health practitioner's employer and other entities 207 Effect of suspension Part 9—Finance 208 Australian Health Practitioner Regulation Agency Fund 209 Payments into Agency Fund 210 Payments out of Agency Fund 211 Investment of money in Agency Fund 212 Financial management duties of National Agency and National Boards Part 10—Information and privacy Division 1A—Australian Information Commissioner 212A Application of Commonwealth AIC Act Division 1—Privacy 213 Application of Commonwealth Privacy Act Division 2—Disclosure of information and confidentiality 214 Definition 215 Application of Commonwealth FOI Act 216 Duty of confidentiality 217 Disclosure of information for workforce planning 218 Disclosure of information for information management and communication purposes 219 Disclosure of information to other Commonwealth, State and Territory entities 220 Disclosure to protect health or safety of patients or other persons 220A Disclosure of information about registered health practitioners to protect health or safety of persons 220B Disclosure of information about unregistered persons to protect health or safety of persons 221 Disclosure to registration authorities Division 3—Registers in relation to registered health practitioner 222 Public national registers 223 Specialists Registers 224 Way registers are to be kept 225 Information to be recorded in National Register or Specialists Register 226 National Board may decide not to include or to remove certain information in register 227 Register about former registered health practitioners 228 Inspection of registers Division 4—Student registers 229 Student registers 230 Information to be recorded in student register Division 5—Other records 231 Other records to be kept by National Boards 232 Record of adjudication decisions to be kept and made publicly available Division 6—Unique identifier 233 Unique identifier to be given to each registered health practitioner Part 11—Miscellaneous Division 1—Provisions relating to persons exercising functions under Law 234 General duties of persons exercising functions under this Law 235 Application of Commonwealth Ombudsman Act 236 Protection from personal liability for persons exercising functions 237 Protection from liability for persons making notification or otherwise providing information Division 2—Inspectors 238 Functions and powers of inspectors 239 Appointment of inspectors 240 Identity card 241 Display of identity card Division 3—Legal proceedings 241A Proceedings for indictable offences 242 Proceedings for other offences 243 Conduct may constitute offence and be subject of disciplinary proceedings 244 Evidentiary certificates Division 4—Regulations 245 National regulations 246 Parliamentary scrutiny of national regulations 247 Effect of disallowance of national regulation Division 5—Miscellaneous 248 Combined notice may be given 249 Fees Part 12—Transitional provisions Division 1—Preliminary 250 Definitions 251 References to registered health practitioners Division 2—Ministerial Council 252 Directions given by Ministerial council 253 Accreditation functions exercised by existing accreditation entities 254 Health profession standards approved by Ministerial Council 255 Accreditation standards approved by National Board Division 3—Advisory Council 256 Members of Advisory Council Division 4—National Agency 257 Health profession agreements 258 Service agreement Division 5—Agency Management Committee 259 Members of Agency Management Committee Division 6—Staff, consultants and contractors of National Agency 260 Chief executive officer 261 Staff 262 Consultants and contractors Division 7—Reports 263 Annual report Division 8—National Boards 264 Members of National Boards 265 Committees 266 Delegation Division 9—Agency Fund 267 Agency Fund Division 10—Offences 268 Offences Division 11—Registration 269 General registration 270 Specialist registration 271 Provisional registration 272 Limited registration 273 Limited registration (public interest-occasional practice) 274 Non-practising registration 275 Registration for existing registered students 276 Registration for new students 277 Other registrations 278 Endorsements 279 Conditions imposed on registration or endorsement 280 Expiry of registration and endorsement 281 Protected titles for certain specialist health practitioners 282 First renewal of registration or endorsement 283 Programs of study 284 Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery Division 12—Applications for registration and endorsement 285 Applications for registration 286 Applications for endorsement 287 Disqualifications and conditions relevant to applications for registration Division 13—Complaints, notifications and disciplinary proceedings 288 Complaints and notifications made but not being dealt with on participation day 289 Complaints and notifications being dealt with on participation day 290 Effect of suspension 291 Undertakings and other agreements 292 Orders 293 List of approved persons Division 14—Local registration authority 294 Definition 295 Assets and liabilities 296 Records relating to registration and accreditation 297 Financial and administrative records 298 Pharmacy businesses and premises 299 Members of local registration authority Division 15—Staged commencement for certain health professions 300 Application of Law to relevant health profession between commencement and 1 July 2012 301 Ministerial Council may appoint external accreditation entity 302 Application of Law to appointment of first National Board for relevant professions 303 Qualifications for general registration in relevant profession 304 Relationship with other provisions of Law Part 13—Transitional and other provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017 Division 1—Paramedicine Board and registration of paramedics 306 Definitions 307 Establishment of Paramedicine Board 308 Powers and functions of Paramedicine Board 309 Paramedicine Board taken to be a National Board for stated matters 310 CAA accredited programs of study 311 Qualifications for general registration in paramedicine for a limited period 312 Accepted qualification for general registration in paramedicine 313 Provisions that apply to student registration for Diploma of Paramedical Science 314 Applications for registration in paramedicine and period of registration 315 Applications for registration in paramedicine made but not decided before participation day 316 Period after participation day during which an individual does not commit an offence under sections 113 and 116 317 Application of sections 113 and 116 to individual temporarily practising paramedicine in another jurisdiction Division 2—Other transitional provisions 318 Deciding review period for decision on application made under section 125 before commencement 319 Deciding review period for decision after notice given under section 126 before commencement 320 Membership of continued National Boards 321 Offences relating to prohibition orders made before commencement 322 Register to include prohibition orders made before commencement 323 Public national registers Part 14—Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 324 Renaming of Agency Management Committee 325 Saving of endorsement of midwife practitioner Part 15—Transitional provision for Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023 326 Application of sections 196A, 222, 223 and 227 to particular prohibition orders Schedule 2—Agency Board Part 1—General 1 Definitions Part 2—Constitution 2 Terms of office of members 3 Remuneration 4 Vacancy in office of member 5 Vacancies to be advertised 6 Extension of term of office during vacancy in membership 7 Members to act in public interest 8 Disclosure of conflict of interest Part 3—Procedure 9 General procedure 10 Quorum 11 Chief executive officer may attend meetings 12 Presiding member 13 Voting 14 Transaction of business outside meetings or by telecommunication 15 First meeting 16 Defects in appointment of members Schedule 3—National Agency Part 1—Chief executive officer 1 Chief executive officer 2 Functions of chief executive officer 3 Delegation and subdelegation by chief executive officer 4 Vacancy in office Part 2—Staff, consultants and contractors 5 Staff of National Agency 6 Staff seconded to National Agency 7 Consultants and contractors Part 3—Reporting obligations 8 Annual report 9 Reporting by National Boards Schedule 4—National Boards Part 1—General 1 Definitions Part 2—Constitution 2 Terms of office of members 3 Remuneration 4 Vacancy in office of member 5 Vacancies to be advertised 6 Extension of term of office during vacancy in membership 7 Members to act in public interest 8 Disclosure of conflict of interest Part 3—Functions and powers 9 Requirement to consult other National Boards 10 Boards may obtain assistance 11 Committees Part 4—Procedure 12 General procedure 13 Quorum 14 Presiding member 15 Voting 16 Transaction of business outside meetings or by telecommunication 17 First meeting 18 Defects in appointment of members Schedule 5—Investigators Part 1—Power to obtain information 1 Powers of investigators 2 Offence for failing to produce information or attend before investigator 3 Inspection of documents Part 2—Power to enter places 4 Entering places 5 Application for warrant 6 Issue of warrant 7 Application by electronic communication 8 Procedure before entry under warrant 9 Powers after entering places 10 Offences for failing to comply with requirement under clause 9 11 Seizure of evidence 12 Securing seized things 13 Receipt for seized things 14 Forfeiture of seized thing 15 Dealing with forfeited things 16 Return of seized things 17 Access to seized things Part 3—General matters 18 Damage to property 19 Compensation 20 False or misleading information 21 False or misleading documents 22 Obstructing investigators 23 Impersonation of investigators Schedule 6—Inspectors Part 1—Power to obtain information 1 Powers of inspectors 2 Offence for failing to produce information or attend before inspector 3 Inspection of documents Part 2—Power to enter places 4 Entering places 5 Application for warrant 6 Issue of warrant 7 Application by electronic communication 8 Procedure before entry under warrant 9 Powers after entering places 10 Offences for failing to comply with requirement under clause 9 11 Seizure of evidence 12 Securing seized things 13 Receipt for seized things 14 Forfeiture of seized thing 15 Dealing with forfeited things 16 Return of seized things 17 Access to seized things Part 3—General matters 18 Damage to property 19 Compensation 20 False or misleading information 21 False or misleading documents 22 Obstructing inspectors 23 Impersonation of inspectors Schedule 7—Miscellaneous provisions relating to interpretation Part 1—Preliminary 1 Displacement of Schedule by contrary intention Part 2—General 2 Law to be construed not to exceed legislative power of Legislature 3 Every section to be a substantive enactment 4 Material that is, and is not, part of this Law 5 References to particular Acts and to enactments 6 References taken to be included in Act or Law citation etc 7 Interpretation best achieving Law's purpose 8 Use of extrinsic material in interpretation 9 Effect of change of drafting practice and use of examples 10 Use of examples 11 Compliance with forms Part 3—Terms and references 12 Definitions 13 Provisions relating to defined terms and gender and number 14 Meaning of "may" and "must" etc 15 Words and expressions used in statutory instruments 16 Effect of express references to bodies corporate and individuals 17 Production of records kept in computers etc 18 References to this jurisdiction to be implied 19 References to officers and holders of offices 20 Reference to certain provisions of Law 21 Reference to provisions of this Law or an Act is inclusive Part 4—Functions and powers 22 Performance of statutory functions 23 Power to make instrument or decision includes power to amend or repeal 24 Matters for which statutory instruments may make provision 25 Presumption of validity and power to make 26 Appointments may be made by name or office 27 Acting appointments 28 Powers of appointment imply certain incidental powers 29 Delegation of functions 30 Exercise of powers between enactment and commencement Part 5—Distance, time and age 31 Matters relating to distance, time and age Part 6—Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect 33 Repealed Law provisions not revived 34 Saving of operation of repealed Law provisions 35 Continuance of repealed provisions 36 Law and amending Acts to be read as one Part 7—Instruments under Law 37 Schedule applies to statutory instruments Part 8—Application to coastal sea 38 Application Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Health Practitioner Regulation National Law (South Australia) Act 2010. 3—Definitions (1) In this Act— Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position; the Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; Health Practitioner Regulation National Law (South Australia) means the provisions applying in this jurisdiction because of section 4; representative body means a body that is declared by the regulations to be a representative body for the purposes of this Act; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. (2) Terms used in this Act and also in the Health Practitioner Regulation National Law set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland have the same meanings in this Act as they have in that Law. Part 2—Adoption of Health Practitioner Regulation National Law 4—Application of Health Practitioner Regulation National Law (1) In this section— South Australian Health Practitioner Regulation National Law text means— (a) until a regulation is made under subsection (3)—the text set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland as in force on 1 July 2010; (b) thereafter—the Health Practitioner Regulation National Law (South Australia) set out in the Schedule inserted under subsection (3) (as in force for the time being). (2) The South Australian Health Practitioner Regulation National Law text— (a) applies as a law of South Australia; and (b) as so applying may be referred to as the Health Practitioner Regulation National Law (South Australia); and (c) as so applying, forms a part of this Act. (3) In connection with the operation of subsections (1) and (2), the Governor may, by regulation, insert a Schedule into this Act that sets out the Health Practitioner Regulation National Law (South Australia). (4) If, after the commencement of this section, the Parliament of Queensland enacts a provision to make an amendment to the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, the amendment does not apply in South Australia but the Governor may, by regulation, modify the Health Practitioner Regulation National Law (South Australia) text to give effect to that amendment as a law of South Australia. (5) The Governor may, as part of any regulation made under subsection (4), make any additional provision (including so as to modify the terms of an amendment that has been made by the Parliament of Queensland or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment made by the Parliament of Queensland has proper effect under the law of South Australia. (6) A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment made by the Parliament of Queensland in that State (including a day that is earlier than the day of the regulation's publication in the Gazette). (7) Section 10 of the Subordinate Legislation Act 1978 does not apply to a regulation made under subsection (3) (but will apply to any subsequent regulation making a modification under this section). 5—Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction In the Health Practitioner Regulation National Law (South Australia)— magistrate means a person holding office as a magistrate under the Magistrates Act 1983; magistrates court means the Magistrates Court of South Australia; this jurisdiction means South Australia. 6—Responsible tribunal for Health Practitioner Regulation National Law The South Australian Civil and Administrative Tribunal is declared to be the responsible tribunal of this jurisdiction for the purposes of the Health Practitioner Regulation National Law (South Australia). 6A—Review of appellable decisions by Tribunal (1) A person who is the subject of an appellable decision under section 199 of the Health Practitioner Regulation National Law (South Australia) may appeal against that decision by applying to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the appellable decision. (2) For the purposes of section 199 of the Health Practitioner Regulation National Law (South Australia), an application under subsection (1) must be made within 28 days after— (a) the person making the application was given notice of the appellable decision; or (b) the person making the application was given reasons for the appellable decision, whichever is the later. (3) The Tribunal may, in its discretion, extend the time fixed under subsection (2) for making an application under subsection (1), even if the time for making the application has ended. 6B—No internal review by Tribunal (1) A decision of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law (South Australia) may not be the subject of an application for an internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013. (2) Section 71(2), (2a) and (3a) of the South Australian Civil and Administrative Tribunal Act 2013 do not apply in relation to an appeal against a decision of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law (South Australia). 7—Exclusion of legislation of this jurisdiction (1) The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (South Australia) or to instruments made under that Law: (a) the Acts Interpretation Act 1915; (b) the Freedom of Information Act 1991; (c) the Ombudsman Act 1972; (d) the Public Finance and Audit Act 1987; (e) the Public Sector Act 2009; (f) the Public Sector (Honesty and Accountability) Act 1995; (g) the Subordinate Legislation Act 1978. (2) To avoid doubt, subsection (1)(g) does not apply to a regulation made under section 4(4), (5) or (6). Part 3—Tribunal proceedings and powers 8—Interpretation In this Part— relevant authority means— (a) a member of the Tribunal; or (b) the Registrar of the Tribunal; or (c) any other officer authorised under section 40(5)(c) of the South Australian Civil and Administrative Tribunal Act 2013 to issue summonses. 9—Participation of assessors on Tribunal (1) For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be— (a) a panel of assessors consisting of persons from the health professions under the Health Practitioner Regulation National Law; and (b) a panel of assessors consisting of persons who are not members of the health professions under the Health Practitioner Regulation National Law and who are qualified, by reason of their knowledge, expertise and experience, to represent the interests of a broad range of consumers of health services. (2) In exercising its powers for the purposes of this Act, the Tribunal will, if the President of the Tribunal so determines, be constituted by 3 members of whom— (a) 2 will be selected from the panel of assessors constituted under subsection (1)(a); or (b) — (i) 1 will be selected from the panel of assessors constituted under subsection (1)(a); and (ii) 1 will be selected from the panel of assessors constituted under subsection (1)(b). (3) In selecting members from the panel constituted under subsection (1)(a), the President must select 1 person who is a member of the same health profession under the Health Practitioner Regulation National Law as the person in relation to whom the relevant matter relates. (4) For the purposes of proceedings before the Tribunal under this Act, the person presiding over the proceedings may, sitting alone— (a) deal with— (i) preliminary, interlocutory or procedural matters; or (ii) questions of costs; or (iii) questions of law; or (b) enter consent orders; or (c) perform any other function or exercise any other power of a prescribed kind, and may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the member considers appropriate. 10—Interim power to suspend or impose conditions (1) The Tribunal may, in connection with proceedings before the Tribunal under this Act, if of the opinion that it is desirable to do so in the public interest, and in accordance with any process or procedure determined by the Tribunal— (a) suspend the registration of the person the subject of the proceedings; or (b) impose conditions on the person's registration restricting the person's right to provide health services, pending hearing and determination of the proceedings. (2) A suspension or condition imposed under subsection (1)— (a) will have effect for a period, not exceeding 30 days, determined by the Tribunal; and (b) may be extended from time to time for a further period or periods, not exceeding 30 days, determined by the Tribunal. (3) In addition, if a National Board, or a panel of a National Board, has exercised its power to suspend the registration of the person the subject of the proceedings or imposed conditions on the person's registration, the Tribunal may revoke or vary the suspension or conditions so imposed. (4) Without limiting any other provision or any other law, the person the subject of the proceedings and the relevant National Board are entitled to appear and make submissions at any proceedings under subsection (1) or (2)(b). 11—Tribunal proceedings (1) Without limiting any other provision or any other Act or law, the Tribunal may adopt procedures under which a member of the Tribunal participates in the proceedings of the Tribunal by means of an audio visual link or an audio link. (2) In the course of any proceedings, the Tribunal may— (a) receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia, of the Commonwealth or of another country, and draw any conclusions of fact from the evidence that it considers proper; and (b) adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings. 12—Failure to comply with a summons (1) In connection with the issuing of a summons under section 40 of the South Australian Civil and Administrative Tribunal Act 2013, if a person summoned by the Tribunal for the purposes of proceedings under this Act— (a) fails to produce evidentiary material as required by the summons; or (b) fails to appear before the Tribunal as required by the summons; or (c) having appeared, refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Tribunal, a certificate of the failure or refusal, signed by the relevant authority, may be filed in the Supreme Court. (2) If a certificate has been filed under subsection (1), a party or, in the case of a summons issued by the Tribunal on its own initiative, the Registrar of the Tribunal, may apply to the Supreme Court for an order directing the person summoned by the Tribunal— (a) to produce the evidentiary material; or (b) to appear, or be sworn or affirm, or answer questions, before the Tribunal, (as the case may require) and on that application the Court may make such orders as it thinks fit (including orders for costs). (3) The Supreme Court may require that notice be given of an application under subsection (2) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application). 13—Request to submit to medical examination at request of another party (1) A party whose medical condition is in issue in proceedings before the Tribunal must, at the request of another party to the proceedings, submit to a medical examination, at the cost of the party making the request, by a medical expert nominated by that party. (2) If a party has been requested to submit to a medical examination after the proceedings have been referred to the substantive hearing, the party is not required to comply with the request unless the Tribunal authorises the request. (3) A party who requests another to submit to a medical examination must, at the request of that other party, pay to the other party a reasonable sum to cover the cost of travelling expenses and loss of earnings from attendance at the medical examination. (4) A medical practitioner who carries out a medical examination at the request of a party must prepare a written report setting out the results of the examination. (5) A party who requests another party to submit to a medical examination under this section must give the other parties to the action a copy of the report obtained on the examination. (6) If the party undergoing the examination does not receive a copy of the medical expert's report for the examination within 14 calendar days after the date of the examination, that party may ask the medical practitioner for a copy of the report. 14—Non-compliance with request to submit to medical examination (1) If a party fails to comply with a request to submit to a medical examination under section 13, the party that requested the examination may make an application to the Tribunal seeking an order— (a) confirming that the relevant party's medical condition is in issue in the proceedings; and (b) that the party whose medical condition is in issue must submit to a medical examination. (2) If the Tribunal makes an order under subsection (1)(b) that a party must submit to a medical examination and the party does not comply with the order, a certificate of the non‑compliance, signed by the relevant authority, may be filed in the Supreme Court. (3) If a certificate has been filed under subsection (2), a party may apply to the Supreme Court for an order directing the other party to comply with the Tribunal's order that the party must submit to a medical examination and on that application the Court may stay the proceedings before the Tribunal until the relevant party complies with the requirement. 15—Fine recovery A fine payable to a National Board under Part 8 Division 12 of the Health Practitioner Regulation National Law (South Australia) may be recovered as a debt due to that National Board. Part 4—Pharmacy practice Division 1—Interpretation 26—Interpretation (1) In this Part, unless the contrary intention appears— authorised officer means a person appointed to be an authorised officer under Division 7; Authority means the Pharmacy Regulation Authority SA constituted under this Part; dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession; director of a body corporate means a member of the board or committee of management of the body corporate, whether validly appointed or not; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; friendly society means a company that is a friendly society under the Corporations Act 2001 of the Commonwealth and that— (a) provides mutual benefits to its members; and (b) is a non‑profit organisation; and (c) has at least 100 members; and (d) has a constitution that provides that the main object of the company is to carry on the business of pharmacy; Friendly Society Medical Association Limited means the friendly society registered under the Corporations Act 2001 of the Commonwealth as a public company under the name Friendly Society Medical Association Limited (ACN 088 347 602); General Manager means the General Manager of the Authority and includes a person for the time being acting in that position; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); Metropolitan Adelaide has the same meaning as in the Development Act 1993; pharmacist means a person registered under the Health Practitioner Regulation National Law in the pharmacy profession (other than as a student); pharmacist controlled company means a company within the meaning of the Corporations Act 2001 of the Commonwealth— (a) in which— (i) at least 1 director is a pharmacist; and (ii) every director is either a pharmacist or a prescribed relative of a pharmacist; and (b) where each holder of shares, or of a beneficial or legal interest in shares, in the company is— (i) a pharmacist or a prescribed relative of a pharmacist; or (ii) a recognised corporate pharmacy services provider; or (iii) a recognised trustee pharmacy services provider; and (c) in which a pharmacist is, or pharmacists are, entitled to control the exercise of at least 50% of the voting power— (i) at meetings of the directors of the company; or (ii) attached to voting shares issued by the company; pharmacist controlled trust means a trust where each trustee is— (a) a pharmacist; or (b) a prescribed relative of a pharmacist as long as at least 1 other trustee is a pharmacist; or (c) a pharmacist controlled company; or (d) a person of a prescribed class; pharmacy, in relation to premises, means premises registered on the register of pharmacies kept under this Part; pharmacy business means a business consisting of or involving the provision of pharmacy services; pharmacy depot means premises (other than a pharmacy) at which— (a) prescriptions for drugs or medicines are left for dispensing by a pharmacist; or (b) drugs or medicines dispensed by a pharmacist on prescription are left for collection by or on behalf of the person for whom the drugs or medicines are prescribed; pharmacy services or pharmacy means— (a) restricted pharmacy services; or (b) other health services (including the supply of goods and the provision of advice) provided in the course of practice by a pharmacist or a person who holds himself or herself out, or is held out by another, as a pharmacist; pharmacy services provider means— (a) any person who holds a proprietary interest in a pharmacy business; or (b) any person referred to in section 51(2); prescribed relative, in relation to a person, means a parent, spouse, domestic partner, child, grandchild, brother or sister of the person; proprietary interest, in relation to a pharmacy business, means a legal or beneficial interest, and includes an interest as— (a) a sole proprietor; or (b) a partner; or (c) a director, member or shareholder of a company, as defined in the Corporations Act 2001 of the Commonwealth; or (d) a trustee or beneficiary of a trust, and has the meaning affected by subsection (2); provide, in relation to pharmacy services, means provide services personally or through the instrumentality of another, and includes offer to provide; related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth; repealed Act means the Pharmacy Practice Act 2007; restricted pharmacy services means— (a) dispensing drugs or medicines on the prescription of a medical practitioner, dentist, veterinary surgeon or other person authorised to prescribe the drugs or medicines; or (b) other services declared by the regulations to be restricted pharmacy services; spouse—a person is a spouse of another if they are legally married; unprofessional conduct includes— (a) improper or unethical conduct in relation to professional practice; and (b) incompetence or negligence in relation to the provision of pharmacy services; and (c) a contravention of or failure to comply with— (i) a provision of this Act or the Health Practitioner Regulation National Law; or (ii) a code of conduct prepared or endorsed by the Authority under this Act; and (d) conduct that constitutes an offence punishable by imprisonment for 1 year or more under some other Act or law; veterinary surgeon means a person who is registered as a veterinary surgeon under the law of this State. (2) Without limiting the generality of the expression, a person will be taken to hold a proprietary interest in a pharmacy business if— (a) the person is a party to an arrangement of a kind prescribed by the regulations; or (b) the person, in the course of carrying on a business, provides a benefit to another for which the person is entitled to receive the profits or income, or a share in the profits or income, of a pharmacy business; or (c) the person has, under a franchise or other commercial arrangement, a right to receive consideration that varies according to the profits or income of a pharmacy business. (3) For the purposes of this Part, each of the following is a recognised corporate pharmacy services provider: (a) a pharmacist controlled company; (b) a friendly society; (c) a company that carried on a pharmacy business on 1 August 1942 and has continued to do so since that date other than— (i) Friendly Society Medical Association Limited; or (ii) The Mount Gambier United Friendly Societies Dispensary Limited. (4) For the purposes of this Part, a recognised trustee pharmacy services provider is any pharmacist controlled trust. (5) For the purposes of this Part, a person occupies a position of authority in a recognised corporate pharmacy services provider if the person— (a) is a director of the body corporate; or (b) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or (c) manages, or is to manage, the business of the body corporate insofar as that business consists of the provision of pharmacy services; or (d) where the body corporate is a proprietary company—is a shareholder in the body corporate. (6) For the purposes of this Part, a person who holds more than 10% of the issued share capital of a public company will be regarded as a person occupying a position of authority in that company. (7) For the purposes of this Part, a person occupies a position of authority in a recognised trustee pharmacy services provider if the person is a trustee or beneficiary of the trust. (8) However— (a) a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not, for that reason, to be regarded as a person occupying a position of authority; and (b) a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority; and (c) a reference in a preceding provision to a beneficiary of a trust is a reference to a beneficiary who receives distributions from the trust. Division 2—Pharmacy Regulation Authority SA Subdivision 1—Establishment of Authority 27—Establishment of Authority (1) Pharmacy Regulation Authority SA is established. (2) The Authority— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued in its corporate name; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this or any other Act. (3) If a document appears to bear the common seal of the Authority, it will be presumed, in the absence of proof to the contrary, that the common seal of the Authority was duly affixed to the document. Subdivision 2—Authority's membership 28—Composition of Authority (1) The Authority consists of 5 members appointed by the Governor on the nomination of the Minister of whom— (a) 1 will be an officer of the Department who has responsibility in relation to the administration of pharmacy services; and (b) 1 will be selected from a panel of 3 pharmacists nominated by The Pharmacy Guild of Australia (SA Branch); and (c) 1 will be selected from a panel of 3 pharmacists nominated by the Pharmaceutical Society of Australia (South Australian Branch) Incorporated; and (d) 1 will be selected from a panel of 3 pharmacists involved in the operation of pharmacies in South Australia, nominated by the Australian Friendly Societies Pharmacies Association; and (e) 1 will be a person who, in the opinion of the Minister, is qualified by reason of their expertise and experience to represent the interests of the public. (2) At least 1 of the members of the Authority must be a woman and 1 must be a man. (3) The Governor may appoint a person to be a deputy of a member and a person so appointed may act as a member of the Authority in the absence of the member. (4) The requirements of qualification and nomination (if applicable) made by this section in relation to the appointment of a member extend to the appointment of the deputy of that member. 29—Terms and conditions of membership (1) A member of the Authority will be appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may remove a member of the Authority from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (3) The office of a member of the Authority becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Authority; or (e) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (f) is removed from office under subsection (2). (4) If a member of the Authority is a member constituting the Authority for the purposes of any proceedings under Division 6 and the member's term of office expires, or the member resigns, before those proceedings are completed, the member may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Authority. 30—Presiding member and deputy The Minister must, after consultation with the Authority, appoint a member who is a pharmacist (the presiding member) to preside at meetings of the Authority and another member who is a pharmacist (the deputy presiding member) to preside at meetings of the Authority in the absence of the presiding member. 31—Vacancies or defects in appointment of members An act or proceeding of the Authority is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 32—Remuneration of members A member of the Authority is entitled to such remuneration, allowances and expenses as the Governor may from time to time determine. Subdivision 3—General Manager and staff 33—General Manager and staff (1) There will be a General Manager of the Authority. (2) The General Manager will be appointed by the Authority on terms and conditions determined by the Authority. (3) There will be such other staff of the Authority as the Authority thinks necessary for the proper performance of its functions. (4) A member of the staff of the Authority is not, as such, a member of the Public Service, but the Authority may employ a person who is on leave from employment in the Public Service or with an instrumentality or agency of the Crown. (5) The Authority may, with the approval of the Minister administering an administrative unit of the Public Service, make use of the services, facilities or officers of that unit. Subdivision 4—General functions and powers 34—Functions of Authority (1) The functions of the Authority are: (a) to determine, after consultation with authorities considered appropriate by the Authority, the requirements for registration of premises under this Part; (b) to ensure that the registers contemplated by this Part are established and maintained; (c) to prepare or endorse, subject to the approval of the Minister, codes of conduct for pharmacy services providers; (d) to establish administrative processes for handling complaints received against pharmacy services providers or persons who occupy positions of authority in recognised corporate pharmacy services providers or recognised trustee pharmacy services providers (which may include processes under which the provider or person who occupies the position voluntarily enters into an undertaking); (e) to provide advice to the Minister as the Authority considers appropriate; (f) to carry out other functions assigned to the Authority by or under this or any other Act, or by the Minister. (2) The Authority must perform its functions under this Act with the object of protecting the health and safety of the public by achieving and maintaining high professional standards in the provision of pharmacy services in this State. (3) If the Minister approves a code of conduct prepared or endorsed by the Authority, the Authority must— (a) cause a copy of the code to be published in the Gazette; and (b) take reasonable steps to send a copy of the code to each pharmacy services provider to whom it applies; and (c) ensure that a copy of the code is published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Authority, (although proof of compliance with paragraphs (a), (b) and (c) is not necessary for the purpose of any proceedings that involve an alleged contravention of or failure to comply with the code). (4) The administrative processes established by the Authority for handling complaints received against pharmacy services providers or persons who occupy positions of authority in recognised corporate pharmacy services providers or recognised trustee pharmacy services providers must be designed— (a) to be fair to both the aggrieved person and the respondent; and (b) to keep both the aggrieved person and the respondent properly informed about the steps taken by the Authority in response to the complaint; and (c) to provide, where appropriate, opportunities for the clarification of any misapprehension or misunderstanding between the aggrieved person and the respondent; and (d) to keep both the aggrieved person and the respondent properly informed about the outcome of the processes; and (e) to take into account the needs of particular classes of persons who may otherwise suffer disadvantage in the conduct of those processes. 35—Delegations (1) The Authority may delegate a function or power conferred on the Authority— (a) to a specified person or body; or (b) to a person occupying or acting in a specified office or position. (2) The General Manager may delegate a function or power conferred on the General Manager under this Act— (a) to a specified person or body; or (b) to a person occupying