Queensland Consolidated Acts Queensland Consolidated ActsIn 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.
(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.
(a) approved by a National Board under section 47 (3) ; and
(b) published on the Board’s website under section 47 (6) .
(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) .
(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.
(a) approved by the Ministerial Council under section 12 ; and
(b) published on the website of the National Board that developed the standard.
(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.
Note.A copy of the COAG Agreement is available on the National Agency’s website.
Editor’s note—This definition is an additional Queensland provision.
Editor’s note—This definition is an additional Queensland provision.
Note—The health ombudsman is a co-regulatory authority.
Editor’s note—This definition is an amended Queensland provision.
Note—Queensland is a co-regulatory jurisdiction.
Editor’s note—This definition is an amended Queensland provision.
(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.
(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.
(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.
(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.
(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 .
Editor’s note—This definition is an additional Queensland provision.
(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.
(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.
(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.
Editor’s note—This definition is an amended Queensland provision.
(a) referred to in the COAG Agreement; and
(b) established by this Law.
(a) a mandatory notification; or
(b) a voluntary notification.
Editor’s note—This definition is an additional Queensland provision.
(a) a health panel; or
(b) a performance and professional standards panel.
(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.
(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.
(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.
(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.
(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) .
(a) a public hospital; and
(b) a public health, teaching or research facility.
Editor’s note—This definition is an additional Queensland provision.
(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.
(a) a local registration authority; or
(b) an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.
(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.
(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.
(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) .
(a) for Division 7A of Part 8 , see section 159B ; or
(b) for Division 7B of Part 8 , see section 159P .
(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.
(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.