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Health Practitioner Regulation National
Law (Victoria) Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
General
The object of this Bill is to adopt the Health Practitioner Regulation National
Law (the National Law) hosted by the Queensland Parliament and set out in
the Schedule to the Health Practitioner Regulation National Law Act 2009 of
Queensland. The National Law gives effect to the Intergovernmental
Agreement for a National Registration and Accreditation Scheme for Health
Professions, signed by the Council of Australian Governments on 26 March
2008 and establishes a national registration and accreditation scheme for--
· the regulation of health practitioners; and
· the registration of students undertaking--
· programs of study that provide a qualification for
registration in a health profession; or
· clinical training in a health profession.
Before the National Law commences on 1 July 2010 it will be necessary for
Victoria, and each of the other States and Territories, to enact legislation
providing for consequential amendments of other Acts and transitional and
savings arrangements consequent on the adoption of the National Law.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Act.
Clause 2 provides for the commencement of the Act on 1 July 2010.
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Clause 3 provides for definitions of terms used in the Act. Specifically,
clause 3(1) provides that the Health Practitioner Regulation
National Law (the National Law) set out in the Schedule to the
Health Practitioner Regulation National Law Act 2009 of
Queensland, as applied in Victoria, is to be known as the Health
Practitioner Regulation National Law (Victoria). Clause 3(2)
provides that if a term is used in the Act and in the National Law,
the terms have the same meanings in the Act as they have in the
National Law.
PART 2--ADOPTION OF HEALTH PRACTITIONER
REGULATION NATIONAL LAW
Clause 4 provides that the National Law, as in force from time to time,
applies as a law of Victoria. Each jurisdiction that adopts the
National Law will have an equivalent provision in its adopting
Act so that the National Law will be the law of each jurisdiction
and is not only the law of Queensland. The effect is that a person
registered as a health practitioner under the National Law is
registered nationally, rather than requiring registration in each
jurisdiction, and each of the entities created by the National Law
is created not only by Queensland law but the law of each
jurisdiction. For example, each National Board will be not only a
Queensland body but also a body of each of the jurisdictions in
which the National Law is applied. Section 7 of the National
Law clarifies that the effect is the creation of one single national
entity rather than separate bodies in each jurisdiction.
Clause 4(b) provides that the Act may be referred to as the Health
Practitioner Regulation National Law (Victoria).
Clause 4(c) provides that the National Law, as applying in
Victoria, is part of the Act. This is to ensure that the text of the
National Law has effect for all purposes in Victoria as an
ordinary Act of Parliament. The effect of the provision is that a
reference in legislation to "an Act" or "any other Act" will
include the National Law as applying in Victoria.
Clause 5 defines some generic terms used in the National Law for the
purposes of the application of that Law in Victoria. Specifically,
clause 5 provides that in the Health Practitioner Regulation
National Law (Vic)--
· the term magistrate means a magistrate within the
meaning of the Magistrates Court Act 1989; and
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· the term magistrates' court means the Magistrates'
Court of Victoria; and
· the term this jurisdiction means Victoria.
Clause 6 provides that VCAT is the responsible tribunal for Victoria for
the purposes of the Health Practitioner Regulation National Law
(Vic). This declaration gives effect to the definition of
responsible tribunal in section 5 of the National Law.
That definition provides that a responsible tribunal means a
tribunal or court that has been declared by the Act applying the
National Law in a participating jurisdiction to be the responsible
tribunal for the purposes of the National Law as applied in that
jurisdiction. The responsible tribunal has jurisdiction to hear
appeals against certain decisions made by National Boards.
Clause 7 provides that a number of Acts that generally apply to Victorian
legislation do not apply to the Health Practitioner Regulation
National Law (Victoria) or instruments, including regulations,
made under that Law. In particular, Acts dealing with the
interpretation of legislation, financial matters, privacy, freedom
of information, the role of the ombudsman and matters relating to
the employment of public servants will not apply to the Health
Practitioner Regulation National Law (Vic). Instead, provisions
have been included in the National Law to deal with each of
these matters, ensuring that the same law applies in relation in
each jurisdiction that adopts the National Law.
For information the Schedule to the Health Practitioner Regulation National
Law Bill 2009 of Queensland as introduced into the Queensland Parliament is
set out as an Appendix after the end of the Bill.
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