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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Practitioner Regulation National Law
(NSW) Amendment (Review) Bill 2016
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to make miscellaneous amendments to the Health Practitioner
Regulation National Law (NSW) in respect of the following:
(a) the functions, membership and procedure of health professional Councils,
(b) matters relating to the conduct and physical and mental capacity of health practitioners,
(c) the proceedings and jurisdiction of NCAT in matters relating to health practitioners,
(d) the membership and procedure of Assessment Committees, Impaired Registrants Panels
and Professional Standards Committees,
(e) matters relating to statute law revision.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
b2015-133.d12
Health Practitioner Regulation National Law (NSW) Amendment (Review) Bill 2016 [NSW]
Explanatory note
Schedule 1 Amendment of Health Practitioner Regulation
(Adoption of National Law) Act 2009 No 86
Functions, membership and procedure of health professional Councils
Schedule 1 [2] authorises the Minister, in the case of a Council for a health profession that the
Minister is satisfied is not financially viable, to direct the Council to delegate its functions to
another Council or person. Schedule 1 [13], [31] and [35] make provision in respect of the power
of a Council to impose conditions on a health practitioner's registration, the quorum for a meeting
of a Council with more than 4 members and the licence and registration fees for a pharmacy
business.
Conduct and physical and mental capacity of health practitioners
Schedule 1 [4], [6] and [11] make provision in respect of notices of certain events, such as charges
or convictions in relation to a registered health practitioner, that the practitioner is required to
provide to the National Board and the physical and mental capacity of health practitioners.
Membership and procedure of Assessment Committees, Impaired Registrants
Panels and Professional Standards Committees
Schedule 1 [8], [12], [23]-[27] and [29] make provision in respect of the membership and
procedure of an Assessment Committee, an Impaired Registrants Panel and a Professional
Standards Committee.
Proceedings and jurisdiction of NCAT
Schedule 1 [19]-[21] make provision in respect of the power of NCAT to make interlocutory and
ancillary decisions and to make interim suspension orders in respect of a health practitioner's
registration. Schedule 1 [5] and [16] clarify the jurisdiction of NCAT under Part 8 of the Health
Practitioner Regulation National Law. Schedule 1 [18], [22] and [32] make provision in respect
of parties who have a right to appear in applications for the review of certain orders, proceedings
where a complaint has been admitted and costs orders.
Statute law revision amendments
Schedule 1 [1] and [30] remove redundant provisions. Schedule 1 [3], [33], [34], [36] and [37]
update terminology. Schedule 1 [7], [9], [10], [14], [15], [17] and [28] make amendments to
ensure consistency of language in respect of similar provisions.
Page 2
First print
New South Wales
Health Practitioner Regulation National Law
(NSW) Amendment (Review) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Health Practitioner Regulation (Adoption of National
Law) Act 2009 No 86 3
b2015-133.d12
New South Wales
Health Practitioner Regulation National Law
(NSW) Amendment (Review) Bill 2016
No , 2016
A Bill for
An Act to make miscellaneous amendments to the Health Practitioner Regulation (Adoption of
National Law) Act 2009 in relation to health practitioners and associated matters.
Health Practitioner Regulation National Law (NSW) Amendment (Review) Bill 2016 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Health Practitioner Regulation National Law (NSW) Amendment 3
(Review) Act 2016. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
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Health Practitioner Regulation National Law (NSW) Amendment (Review) Bill 2016 [NSW]
Schedule 1 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
Schedule 1 Amendment of Health Practitioner Regulation 1
(Adoption of National Law) Act 2009 No 86 2
[1] Schedule 1 Modification of Health Practitioner Regulation National Law 3
Omit section 41E from Schedule 1 [8]. Insert instead: 4
41E Membership of Councils [NSW] 5
Each Council consists of the members prescribed by the NSW regulations. 6
[2] Schedule 1 [8], section 41NA 7
Insert after section 41N: 8
41NA Special provisions relating to non-financially viable Councils [NSW] 9
(1) The Minister may, if satisfied that a Council is not financially viable, make 10
either or both of the following directions-- 11
(a) a direction in writing to the Council that the Council delegate such of its 12
functions as are specified in the direction to another Council, or to a 13
person, designated by the Minister in the direction; 14
(b) a direction in writing to the Executive Officer of the Council that the 15
Executive Officer delegate such of the Executive Officer's functions as 16
are specified in the direction to a person designated by the Minister in 17
the direction. 18
The Council or Executive Officer must comply with any such direction. 19
(2) The NSW regulations may modify the functions of a Council (including 20
modification of any of the Council's auditing or reporting requirements) as a 21
consequence of-- 22
(a) any direction under subsection (1), or 23
(b) the financial non-viability of the Council. 24
(3) Any such regulation may not be made in relation to a Council unless the 25
Minister has certified that, in the opinion of the Minister, the Council is not 26
financially viable. 27
(4) Any direction by the Minister under subsection (1) is to be made publicly 28
available. 29
[3] Schedule 1 [13] (sections 139B (1) (i) and (2) and 139D (1) (c) and (e), (2) (a) and (3)) 30
and Schedule 1 [25] (Schedule 5C, clause 16 and Schedule 5F, except the definition 31
of "pecuniary interest" in clause 1) 32
Omit "pecuniary interest" and "pecuniary interests" wherever occurring. 33
Insert instead "financial interest" and "financial interests" respectively. 34
[4] Schedule 1 [13], section 139I 35
Insert after section 139H: 36
139I Notifications under section 130 [NSW] 37
A notice under section 130 is taken to be a complaint both for the purposes of 38
this Part and for the purposes of the Health Care Complaints Act 1993 39
(including sections 96 and 98 of that Act). 40
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Health Practitioner Regulation National Law (NSW) Amendment (Review) Bill 2016 [NSW]
Schedule 1 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
[5] Schedule 1 [15], section 145D, note 1
Insert at the end of the section: 2
Note. A referral under this section is an application made to the Tribunal for a general 3
decision for the purposes of the Civil and Administrative Tribunal Act 2013. 4
[6] Schedule 1 [15], sections 145F, 146D (1), 148G (1) (a) and 152B 5
Omit "sufficient physical and mental capacity" wherever occurring. 6
Insert instead "sufficient physical or mental capacity". 7
[7] Schedule 1 [15], section 146B (1) (b) 8
Omit the paragraph. Insert instead: 9
(b) impose the conditions it considers appropriate on the practitioner's 10
registration; 11
[8] Schedule 1 [15], section 147B (1) 12
Omit the subsection. Insert instead: 13
(1) If a complaint is referred to a Committee, the Committee must investigate the 14
complaint. 15
[9] Schedule 1 [15], section 148E (1) (c) 16
Omit the paragraph. Insert instead: 17
(c) impose the conditions it considers appropriate on the practitioner's 18
registration; 19
[10] Schedule 1 [15], section 148E (2) (b) 20
Omit the paragraph. Insert instead: 21
(b) impose the conditions it considers appropriate on the student's 22
registration; 23
[11] Schedule 1 [15], section 151 (1) 24
Omit "becomes a mentally incapacitated person or is involuntarily admitted to a mental 25
health facility". 26
Insert instead "is found to be a mentally ill person or a mentally disordered person in 27
accordance with section 27 of the Mental Health Act 2007". 28
[12] Schedule 1 [15], section 152F (2) 29
Insert at the end of section 152F: 30
(2) Subsection (1) does not apply if the Commission agrees to the continuation of 31
the investigation or other action to be taken. 32
[13] Schedule 1 [15], section 155C (1) (f) 33
Omit "counselling." from section 155C (1) (e). Insert instead: 34
counselling; or 35
(f) impose on the practitioner's registration, with the consent of the 36
practitioner, the conditions the Council considers appropriate. 37
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Health Practitioner Regulation National Law (NSW) Amendment (Review) Bill 2016 [NSW]
Schedule 1 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
[14] Schedule 1 [15], section 159 (3) 1
Omit the subsection. Insert instead: 2
(3) The appeal is to be dealt with by way of a new hearing and fresh evidence, or 3
evidence in addition to or in substitution for the evidence that was before the 4
Council, may be given. 5
[15] Schedule 1 [15], section 159A (3A) 6
Insert after section 159A (3): 7
(3A) The appeal is to be dealt with by way of a new hearing and fresh evidence, or 8
evidence in addition to or in substitution for the evidence that was before the 9
Council, may be given. 10
[16] Schedule 1 [15], section 160 (1), note 11
Insert after section 160 (1): 12
Note. An appeal under this section is an external appeal to the Tribunal for the 13
purposes of the Civil and Administrative Tribunal Act 2013. 14
[17] Schedule 1 [15], section 160 (2) 15
Omit the subsection. Insert instead: 16
(2) The appeal is to be dealt with by way of a new hearing and fresh evidence, or 17
evidence in addition to or in substitution for the evidence that was before the 18
Performance Review Panel, may be given. 19
[18] Schedule 1 [15], section 163C (4) 20
Insert after section 163C (3): 21
(4) A Council and the Commission are entitled to appear at any inquiry conducted 22
by the Tribunal under this Division. 23
[19] Schedule 1 [15], section 165B (2) 24
Omit "and (5)". Insert instead ", (5) and (5A)". 25
[20] Schedule 1 [15], section 165B (5A) 26
Insert after section 165B (5): 27
(5A) The Tribunal, when constituted to make an ancillary decision or an 28
interlocutory decision within the meaning of the Civil and Administrative 29
Tribunal Act 2013, is to be constituted by the Tribunal List Manager or the 30
member referred to in subsection (2) (a). 31
[21] Schedule 1 [15], section 165L (3) 32
Insert after section 165L (2): 33
(3) The Tribunal may, during any proceedings under this Law, suspend a 34
registered health practitioner's or student's registration if-- 35
(a) it has found the subject-matter of the complaint against the practitioner 36
or student to have been proved; and 37
(b) the complaint has not yet been finally disposed of; and 38
(c) it is satisfied that it is appropriate to do so for the protection of the health 39
or safety of any person or persons (whether or not a particular person or 40
persons) or the action is otherwise in the public interest. 41
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Health Practitioner Regulation National Law (NSW) Amendment (Review) Bill 2016 [NSW]
Schedule 1 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
[22] Schedule 1 [15], section 165M (5) 1
Insert after section 165M (4): 2
(5) This section applies to a decision on an inquiry that is conducted into a 3
complaint referred to the Tribunal under this Law where the subject-matter of 4
the complaint is admitted in writing to the Tribunal. 5
[23] Schedule 1 [15], section 170A (2) 6
Insert at the end of section 170A: 7
(2) The Chairperson of a Committee has a deliberative vote and, in the event of an 8
equality of votes, has a second or casting vote. 9
[24] Schedule 1 [15], section 170D (1) (c) 10
Omit "inquiry." from section 170D (1) (b). Insert instead: 11
inquiry; 12
(c) the power to make a decision concerning any interlocutory issue before 13
the Committee. 14
[25] Schedule 1 [15], section 170E 15
Insert after section 170D: 16
170E Effect of vacancy on Committee [NSW] 17
(1) If one of the members (other than the Chairperson of the Committee) 18
constituting a Committee for the purpose of conducting an inquiry under this 19
Law vacates office for any reason before the inquiry is completed or a 20
determination in respect of the inquiry is made, the inquiry may be continued 21
and a determination made by the remaining members of the Committee. 22
(2) If more than one of the members vacate office, or the Chairperson of the 23
Committee vacates office, for any reason before the Committee has completed 24
an inquiry or made a determination in respect of an inquiry, the inquiry is 25
terminated. 26
(3) When an inquiry is terminated, the Committee may be reconstituted in 27
accordance with this Division for the purposes of conducting a new inquiry in 28
respect of the matter concerned. 29
[26] Schedule 1 [15], section 171G 30
Insert after section 171F: 31
171G Record of inquiry [NSW] 32
(1) Proceedings on any inquiry of the Committee under this Subdivision are to be 33
recorded. 34
(2) The NSW regulations may prescribe the manner in which the evidence may be 35
recorded. 36
[27] Schedule 1 [15], section 172B (1) 37
Omit "appointed by the Minister". Insert instead "appointed by the Council". 38
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Health Practitioner Regulation National Law (NSW) Amendment (Review) Bill 2016 [NSW]
Schedule 1 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
[28] Schedule 1 [15], section 175 (3) 1
Insert after section 175 (2): 2
(3) The appeal is to be dealt with by way of a new hearing and fresh evidence, or 3
evidence in addition to or in substitution for the evidence that was before the 4
National Board, may be given. 5
[29] Schedule 1 [25], Schedule 5A 6
Insert at the end of the Schedule, with appropriate Part and clause numbering: 7
Part Provision consequent on enactment of Health 8
Practitioner Regulation National Law (NSW) 9
Amendment (Review) Act 2016 [NSW] 10
Application of amendment concerning membership of Committee [NSW] 11
Any person appointed by the Minister under section 172B (1) (as in force 12
immediately before its amendment by the Health Practitioner Regulation 13
National Law (NSW) Amendment (Review) Act 2016) is taken to have been 14
appointed by the relevant Council. 15
[30] Schedule 1 [25], Schedule 5C, Part 1 16
Omit the Part. 17
[31] Schedule 1 [25], Schedule 5C, clause 19 (2) 18
Insert at the end of clause 19: 19
(2) If a Council has more than 4 members, the quorum for a meeting of the 20
Council for the purpose of dealing with a complaint about a registered health 21
practitioner or student by inquiry is 3. 22
[32] Schedule 1 [25], Schedule 5D, clause 13 (3A) 23
Insert after clause 13 (3): 24
(3A) The Tribunal may fix the amount of costs itself or order that the amount of 25
costs be assessed by a costs assessor under the legal costs legislation (as 26
defined in section 3A of the Legal Profession Uniform Law Application Act 27
2014) or on any other basis. 28
[33] Schedule 1 [25], Schedule 5F, clause 1 29
Insert in alphabetical order: 30
financial interest has the meaning given by clause 2. 31
[34] Schedule 1 [25], Schedule 5F, clause 1 32
Omit the definition of pecuniary interest. 33
[35] Schedule 1 [25], Schedule 5F, clause 12 (5) 34
Omit "decided by the Council". Insert instead "prescribed by the NSW regulations". 35
[36] Schedule 1 [25], Schedule 5F, Part 4, heading 36
Omit "Returns". Insert instead "Declarations". 37
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Health Practitioner Regulation National Law (NSW) Amendment (Review) Bill 2016 [NSW]
Schedule 1 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
[37] Schedule 1 [25], Schedule 5F, clause 15 1
Omit "return" wherever occurring. Insert instead "declaration". 2
Page 8
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