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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Health Practitioner Regulation National Law
(WA) Amendment Bill 2017
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Health Practitioner National
Law (WA) Act 2010 amended
Division 1 -- Local application provisions of the
Health Practitioner Regulation National
Law (WA) Act 2010 amended
3. Provisions amended 3
4. Section 4 amended 3
5. Section 10 amended 3
6. Part 4 Division 1 deleted 4
Division 2 -- Health Practitioner Regulation
National Law amended
7. Provisions amended 4
8. Section 3 amended 4
9. Section 5 amended 4
10. Section 7 amended 6
11. Section 14 amended 6
12. Section 15 amended 6
13. Section 26 amended 7
14. Section 31 replaced 7
31. Regulations must provide for National
Boards 7
31A. Status of National Boards 8
15. Section 33 amended 8
16. Section 34 amended 9
17. Section 38 amended 10
20--3 page i
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Contents
18. Section 39 amended 10
19. Section 41 amended 10
20. Section 49 amended 11
21. Section 51 amended 11
22. Section 56 amended 11
23. Section 65 amended 11
24. Section 71 replaced 12
71. Limited registration not to be held for more
than one purpose 12
25. Section 77 amended 12
26. Section 79 amended 13
27. Section 83 amended 13
28. Section 88 amended 13
29. Section 92 amended 13
30. Section 94 amended 13
31. Section 95 amended 14
32. Section 96 amended 14
33. Section 97 amended 14
34. Section 98 amended 14
35. Section 107 amended 14
36. Section 113 amended 15
37. Section 118 amended 15
38. Section 123A inserted 16
123A. Restricted birthing practices 16
39. Section 124 amended 17
40. Section 125 amended 17
41. Section 126 amended 18
42. Section 127 amended 18
43. Section 127A inserted 19
127A. When matters under this Subdivision may
be decided by review body of a
co-regulatory jurisdiction 19
44. Section 129 amended 20
45. Section 130 amended 20
46. Section 131 amended 20
47. Section 132 replaced 20
132. National Board may ask registered health
practitioner for practice information 20
48. Section 135 amended 22
49. Section 137 amended 22
50. Section 141 amended 22
51. Section 143 amended 23
page ii
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Contents
52. Section 148 amended 23
53. Section 149 amended 23
54. Section 150 amended 24
55. Section 151 amended 24
56. Section 155 amended 24
57. Section 156 amended 25
58. Section 159A inserted 26
159A. Board may give information to notifier
about immediate action 26
59. Section 160 amended 26
60. Section 167A inserted 26
167A. Board may give information to notifier
about result of investigation 26
61. Section 171 amended 27
62. Section 177A inserted 27
177A. Board may give information to notifier
about decision following assessor's report 27
63. Section 178 amended 27
64. Section 180 replaced 28
180. Notice to be given to health practitioner or
student and notifier 28
65. Section 181 amended 28
66. Section 182 amended 29
67. Section 184 amended 30
68. Section 191 amended 31
69. Sections 191A and 191B inserted 31
191A. Decision of panel after reconsideration of
suspension 31
191B. Change of reconsideration date for
suspension of registration 31
70. Section 192 amended 33
71. Section 196 amended 33
72. Section 196A inserted 33
196A. Offences relating to prohibition orders 33
73. Section 199 amended 34
74. Section 206 amended 35
75. Part 10 Division 1A inserted 36
Division 1A -- Australian Information Commissioner
212A. Application of Commonwealth AIC Act 36
76. Section 213 amended 37
77. Section 215 amended 37
78. Section 217 amended 38
page iii
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Contents
79. Section 222 replaced 38
222. Public national registers 38
80. Section 222 amended 40
81. Section 223 amended 40
82. Section 226 amended 41
83. Section 227 replaced 41
227. Register about former registered health
practitioners 41
84. Section 232 amended 42
85. Section 233 amended 42
86. Section 235 amended 42
87. Section 245 amended 42
88. Section 284 amended 43
89. Part 13 Division 1 inserted 43
Part 13 -- Transitional and other provisions for
Health Practitioner Regulation National Law
(WA) Amendment Act 2017
Division 1 -- Paramedicine Board and registration of
paramedics
306. Definitions 43
307. Establishment of Paramedicine Board 44
308. Powers and functions of Paramedicine
Board 44
309. Paramedicine Board taken to be a
National Board for stated matters 45
310. CAA accredited programmes of study 45
311. Qualifications for general registration in
paramedicine for a limited period 46
312. Accepted qualification for general
registration in paramedicine 47
313. Provisions that apply to student
registration for Diploma of Paramedical
Science 48
314. Applications for registration in
paramedicine and period of registration 48
315. Applications for registration in
paramedicine made but not decided
before participation day 48
316. Period after participation day during which
an individual does not commit an offence
under sections 113 and 116 49
317. Application of sections 113 and 116 to
individual temporarily practising
paramedicine in another jurisdiction 49
page iv
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Contents
90. Part 13 Division 2 inserted 50
Division 2 -- Other transitional provisions
321. Offences relating to prohibition orders
made before commencement 50
91. Sections 318 to 320 inserted 50
318. Deciding review period for decision on
application made under section 125
before commencement 50
319. Deciding review period for decision after
notice given under section 126 before
commencement 51
320. Membership of continued National Boards 51
92. Sections 322 and 323 inserted 52
322. Register to include prohibition orders
made before commencement 52
323. Public national registers 52
93. Schedule 2 clause 4 amended 53
94. Schedule 4 clause 2 amended 53
95. Schedule 4 clause 4 amended 54
96. Schedule 4 clause 10 amended 54
97. Schedule 4 clause 11 amended 54
98. Various penalties amended 54
Part 3 -- Health Practitioner
Regulation National Law (WA)
Regulations 2010 amended
99. Regulations amended 56
100. Regulation 4 amended 56
Part 4 -- Consequential amendments
to other Acts
101. Blood Donation (Limitation of Liability) Act 1985
amended 57
102. Children and Community Services Act 2004
amended 57
103. Civil Liability Act 2002 amended 57
104. Constitution Acts Amendment Act 1899 amended 58
105. Corruption, Crime and Misconduct Act 2003
amended 59
106. Court Security and Custodial Services Act 1999
amended 59
page v
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Contents
107. Criminal Investigation (Identifying People)
Act 2002 amended 59
108. Criminal Investigation Act 2006 amended 59
109. Declared Places (Mentally Impaired Accused)
Act 2015 amended 60
110. Firearms Act 1973 amended 60
111. Health (Miscellaneous Provisions) Act 1911
amended 60
112. Health and Disability Services (Complaints)
Act 1995 amended 61
113. Mandatory Testing (Infectious Diseases) Act 2014
amended 62
114. Mental Health Act 2014 amended 62
115. Oaths, Affidavits and Statutory Declarations
Act 2005 amended 62
116. Prostitution Act 2000 amended 63
117. Public Health Act 2016 amended 63
118. Radiation Safety Act 1975 amended 63
119. Rail Safety National Law (WA) Act 2015 amended 64
120. Road Traffic Act 1974 amended 65
page vi
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Health Practitioner Regulation National Law
(WA) Amendment Bill 2017
A Bill for
An Act to amend the Health Practitioner Regulation National Law
(WA) Act 2010 and the Health Practitioner Regulation National Law
(WA) Regulations 2010 and to make consequential amendments to
other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Health Practitioner Regulation National Law (WA)
4 Amendment Act 2017.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent (assent day);
9 (b) Part 2, other than
10 sections 9(3)-(6), 10-22, 25, 27-35, 36(b)-(d), 38, 39,
11 40(1) and (3), 41(1) and (3), 42(1), 43-47, 49, 51-54,
12 55(a), 56-70, 71(1), 72-88 and 90-97 --
13 (i) if the Health Practitioner Regulation National
14 Law and Other Legislation Amendment Act 2017
15 (Queensland) section 3 comes into operation on
16 or before assent day -- on the day after assent
17 day; or
18 (ii) otherwise -- on the day on which the Health
19 Practitioner Regulation National Law and Other
20 Legislation Amendment Act 2017 (Queensland)
21 section 3 comes into operation;
22 (c) section 38 -- on the 28th day after the day on which
23 section 3 (of this Act) comes into operation;
24 (d) the rest of the Act -- on a day fixed by proclamation,
25 and different days may be fixed for different provisions.
page 2
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Local application provisions of the Health Practitioner Division 1
Regulation National Law (WA) Act 2010 amended
s. 3
1 Part 2 -- Health Practitioner National Law (WA)
2 Act 2010 amended
3 Division 1 -- Local application provisions of the Health
4 Practitioner Regulation National Law (WA) Act 2010 amended
5 3. Provisions amended
6 (1) In this section --
7 local application provisions means the provisions of the Health
8 Practitioner Regulation National Law (WA) Act 2010 other than
9 the Health Practitioner Regulation National Law set out in the
10 Schedule to that Act.
11 (2) This Division amends the local application provisions of the
12 Health Practitioner Regulation National Law (WA) Act 2010.
13 4. Section 4 amended
14 (1) In section 4(1) delete "Schedule, as modified to give effect to
15 subsections (5), (6) and (7) --" and insert:
16
17 Schedule --
18
19 (2) Delete section 4(5) to (7).
20 5. Section 10 amended
21 In section 10(2)(b):
22 (a) delete "CrimTrac," and insert:
23
24 the ACC,
25
page 3
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 6
1 (b) delete "CrimTrac" and insert:
2
3 the ACC
4
5 6. Part 4 Division 1 deleted
6 Delete Part 4 Division 1.
7 Division 2 -- Health Practitioner Regulation National Law
8 amended
9 7. Provisions amended
10 This Division amends the Health Practitioner Regulation
11 National Law set out in the Schedule to the Health Practitioner
12 Regulation National Law (WA) Act 2010.
13 8. Section 3 amended
14 In section 3(3)(c) delete "and are of an appropriate quality." and
15 insert:
16
17 consistent with best practice principles.
18
19 9. Section 5 amended
20 (1) In section 5 delete the definitions of:
21 CrimTrac
22 Ministerial Council
23 (2) In section 5 insert in alphabetical order:
24
25 ACC means the Australian Crime Commission established
26 under section 7 of the Australian Crime Commission
27 Act 2002 (Commonwealth);
page 4
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 9
1 Ministerial Council means the COAG Health Council, or a
2 successor of the Council by whatever name called,
3 constituted by Ministers of the governments of the
4 participating jurisdictions and the Commonwealth with
5 portfolio responsibility for health;
6
7 (3) In section 5 insert in alphabetical order:
8
9 prohibition order means --
10 (a) a decision by a responsible tribunal of this
11 jurisdiction under section 196(4)(b); or
12 (b) a decision by a responsible tribunal of another
13 participating jurisdiction under section 196(4)(b) as
14 it applies in the other jurisdiction; or
15 (c) a prohibition order under section 149C(5) of the
16 Health Practitioner Regulation National Law (New
17 South Wales); or
18 (d) a decision under section 107(4)(b) of the Health
19 Ombudsman Act 2013 (Queensland);
20
21 (4) In section 5 delete the definition of National Board and insert:
22
23 National Board means a National Health Practitioner Board
24 continued or established by regulations made under
25 section 31;
26
27 (5) In section 5 in the definition of accreditation committee delete
28 "the health profession" and insert:
29
30 a health profession
31
page 5
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 10
1 (6) In section 5 in the definition of health profession:
2 (a) delete paragraph (g) and insert:
3
4 (g) midwifery;
5 (ga) nursing;
6
7 (b) after paragraph (j) insert:
8
9 (ja) paramedicine;
10
11 10. Section 7 amended
12 In section 7(1), (2) and (3) delete "established by this Law" and
13 insert:
14
15 established by or under this Law
16
17 11. Section 14 amended
18 In section 14(1) delete "practising the profession" and insert:
19
20 practising a profession
21
22 12. Section 15 amended
23 In section 15 delete "the health profession" and insert:
24
25 a health profession
26
page 6
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 13
1 13. Section 26 amended
2 In section 26(1)(a) delete "the health profession" and insert:
3
4 a health profession
5
6 14. Section 31 replaced
7 Delete section 31 and insert:
8
9 31. Regulations must provide for National Boards
10 (1) The regulations must provide for a National Health
11 Practitioner Board for each health profession.
12 (2) The regulations may --
13 (a) continue an existing Board for a health profession;
14 or
15 (b) establish a Board for a health profession or for 2 or
16 more health professions; or
17 (c) dissolve a Board for a health profession (the
18 dissolved Board) if another Board is established for
19 that health profession (the replacement Board).
20 (3) The regulations may provide for anything for which it is
21 necessary or convenient to make provision to allow,
22 facilitate or provide for the following --
23 (a) the continuation, establishment or dissolution of a
24 Board under subsection (2);
25 (b) the completion of a matter started by an existing
26 Board before the commencement;
27 (c) the effect of anything done by an existing Board
28 before the commencement;
29 (d) the transfer of matters from a dissolved Board to a
30 replacement Board.
page 7
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 15
1 (4) Before a regulation is made under subsection (2)(b) or (c),
2 the Ministers comprising the Ministerial Council must
3 undertake public consultation on the proposed regulation.
4 (5) However, failure to comply with subsection (4) does not
5 affect the validity of the regulation.
6 (6) In this section --
7 existing Board means a National Health Practitioner Board
8 in existence immediately before the commencement.
9 31A. Status of National Boards
10 (1) A National Board --
11 (a) is a body corporate with perpetual succession; and
12 (b) has a common seal; and
13 (c) may sue and be sued in its corporate name.
14 (2) A National Board represents the State.
15
16 15. Section 33 amended
17 (1) In section 33(5):
18 (a) in paragraph (b) delete "jurisdiction." and insert:
19
20 jurisdiction; and
21
22 (b) after paragraph (b) insert:
23
24 (c) if the National Board is established for 2 or more
25 health professions -- at least one member of each
26 health profession for which the Board is established.
27
page 8
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 16
1 (2) After section 33(9) insert:
2
3 (9A) The regulations may prescribe matters relating to the
4 composition of practitioner members for a National Board
5 established for 2 or more health professions.
6
7 16. Section 34 amended
8 (1) Delete section 34(2) and insert:
9
10 (2) A person is eligible to be appointed as a practitioner
11 member only if the person is a registered health practitioner
12 in a health profession for which the Board is established.
13
14 (2) Delete section 34(3) and insert:
15
16 (3) A person is eligible to be appointed as a community member
17 only if the person is not, and has not at any time been, a
18 health practitioner in a health profession for which the
19 Board is established.
20
21 (3) Delete section 34(4)(a) and insert:
22
23 (a) in the case of appointment as a practitioner
24 member -- the person has, whether before or after
25 the commencement of this Law, as a result of the
26 person's misconduct, impairment or incompetence,
27 ceased to be registered as a health practitioner in a
28 health profession for which the Board is
29 established; or
30
page 9
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 17
1 17. Section 38 amended
2 In section 38(1):
3 (a) delete "the health profession" and insert:
4
5 a health profession
6
7 (b) in paragraph (b) delete "by the Board," and insert:
8
9 in a health profession for which the Board is established,
10
11 18. Section 39 amended
12 In section 39 delete the Example and insert:
13
14 Examples:
15 1. A National Board may develop guidelines about the
16 advertising of regulated health services by health
17 practitioners registered by the Board or other persons for
18 the purposes of section 133.
19 2. To assist a health practitioner in providing practice
20 information under section 132, a National Board may
21 develop guidelines about the information that must be
22 provided to the Board.
23
24 19. Section 41 amended
25 In section 41 delete "by the Board" and insert:
26
27 in a health profession for which the Board is established
28
page 10
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 20
1 20. Section 49 amended
2 In section 49(1) and (5) delete "the health profession" and insert:
3
4 a health profession
5
6 21. Section 51 amended
7 In section 51(2) delete "the health profession" and insert:
8
9 a health profession
10
11 22. Section 56 amended
12 Delete section 56(2)(a) and insert:
13
14 (a) starts --
15 (i) when the Board makes the decision; or
16 (ii) on the later day stated by the Board, not
17 more than 90 days after the day the Board
18 makes the decision;
19 and
20
21 23. Section 65 amended
22 After section 65(1) insert:
23
24 (1A) Subsection (1B) applies if --
25 (a) an individual is registered in a health profession for
26 which divisions are included in the National
27 Register kept for the profession; and
28 (b) the individual holds general or limited registration
29 in a division.
page 11
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 24
1 (1B) Despite subsection (1)(a) and (b), the individual is eligible
2 for limited registration in another division of the profession
3 if the individual --
4 (a) is not qualified for general registration under the
5 other division; and
6 (b) is qualified under this Division for limited
7 registration under the other division.
8
9 24. Section 71 replaced
10 Delete section 71 and insert:
11
12 71. Limited registration not to be held for more than one
13 purpose
14 (1) Subsection (2) applies to a health profession for which a
15 division is not included in the National Register kept for the
16 profession.
17 (2) An individual registered in the health profession may not
18 hold limited registration in the same health profession for
19 more than one purpose under this Division at the same time.
20 (3) Subsection (4) applies to a health profession for which
21 divisions are included in the National Register kept for the
22 profession.
23 (4) An individual registered in the health profession may not
24 hold limited registration in the same division of the
25 profession for more than one purpose under this Division at
26 the same time.
27
28 25. Section 77 amended
29 In section 77(1) delete "the health profession" and insert:
30
31 a health profession
32
page 12
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 26
1 26. Section 79 amended
2 Delete section 79(2)(a) and insert:
3
4 (a) the ACC;
5
6 27. Section 83 amended
7 In section 83(1) delete "the health profession" and insert:
8
9 a health profession
10
11 28. Section 88 amended
12 In section 88(1)(a) delete "the health profession" and insert:
13
14 a health profession
15
16 29. Section 92 amended
17 In section 92(2) delete "that registered the person" and insert:
18
19 established for the person's health profession
20
21 30. Section 94 amended
22 In section 94(1) delete "by the Board" and insert:
23
24 in a health profession for which the Board is established
25
page 13
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 31
1 31. Section 95 amended
2 In section 95(1) delete "Nursing and Midwifery Board of Australia"
3 and insert:
4
5 National Board for the nursing profession
6
7 32. Section 96 amended
8 In section 96(1) delete "Nursing and Midwifery Board of Australia"
9 and insert:
10
11 National Board for the midwifery profession
12
13 33. Section 97 amended
14 In section 97(1) delete "by the Board" and insert:
15
16 in a health profession for which the Board is established
17
18 34. Section 98 amended
19 In section 98(1) delete "by the Board" and insert:
20
21 in a health profession for which the Board is established
22
23 35. Section 107 amended
24 In section 107(1) delete "that registered the practitioner" and
25 insert:
26
27 established for the practitioner's health profession
28
page 14
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 36
1 36. Section 113 amended
2 In section 113(3) in the Table:
3 (a) in the row for Medical delete "medical practitioner" and
4 insert:
5
6 medical practitioner, physician
7
8 (b) after the row for Medical Radiation Practice insert:
9
Midwifery midwife, midwife practitioner
Nursing nurse, registered nurse, nurse
practitioner, enrolled nurse
10
11 (c) delete the row for Nursing and Midwifery;
12 (d) after the row for Osteopathy insert:
13
Paramedicine paramedic
14
15 37. Section 118 amended
16 In section 118(2)(b) after "another person" insert:
17
18 who is not a specialist health practitioner
19
page 15
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 38
1 38. Section 123A inserted
2 After section 123 insert:
3
4 123A. Restricted birthing practices
5 (1) In this section --
6 midwife means a person who is registered under this Law in
7 the midwifery profession;
8 restricted birthing practice means undertaking the care of a
9 woman by managing the 3 stages of labour, or any part of
10 those stages.
11 (2) A person must not carry out a restricted birthing practice
12 unless the person --
13 (a) is a medical practitioner; or
14 (b) is a midwife; or
15 (c) is a student who carries out the restricted birthing
16 practice in the course of activities undertaken as
17 part of --
18 (i) an approved programme of study for the
19 medical or midwifery profession; or
20 (ii) clinical training in the medical or midwifery
21 profession;
22 or
23 (d) is acting under the supervision of a medical
24 practitioner or midwife and in accordance with any
25 requirements set out in a code or guideline
26 approved, under section 39, by the National Board
27 established for the relevant profession; or
28 (e) is providing emergency assistance to a woman who
29 is in labour.
30 Penalty for this subsection: a fine of $30 000.
31
page 16
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 39
1 39. Section 124 amended
2 In section 124(1)(a) and (b) delete "the health profession" and
3 insert:
4
5 a health profession
6
7 40. Section 125 amended
8 (1) In section 125(1) delete "that registered the practitioner or
9 student --" and insert:
10
11 established for the practitioner's or student's health profession --
12
13 (2) In section 125(2)(b) delete "the condition," and insert:
14
15 the condition or at a later time,
16
17 (3) Delete section 125(6) and insert:
18
19 (6) If the National Board's decision results in the registration or
20 endorsement being subject to a condition, or an undertaking
21 is still in place, the Board may decide a review period for
22 the condition or undertaking.
23 (6A) As soon as practicable after making the decision under
24 subsection (5), the National Board must give written notice
25 to the registered health practitioner or student of --
26 (a) the decision; and
27 (b) if the Board has decided a review period for a
28 condition or undertaking -- details of the review
29 period.
30
page 17
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 41
1 41. Section 126 amended
2 (1) In section 126(1) delete "by the Board." and insert:
3
4 in a health profession for which the Board is established.
5
6 (2) In section 126(3)(b) delete "condition, that this subdivision" and
7 insert:
8
9 condition or at a later time, that this Subdivision
10
11 (3) Delete section 126(6) and insert:
12
13 (6) If the National Board's decision results in the registration
14 being subject to a condition, the Board may decide a review
15 period for the condition.
16 (6A) As soon as practicable after making the decision under
17 subsection (5), the National Board must give written notice
18 to the registered health practitioner or student of --
19 (a) the decision; and
20 (b) if the Board has decided a review period for a
21 condition -- details of the review period.
22
23 42. Section 127 amended
24 (1) In section 127(1)(a) and (b) delete "by the Board" and insert:
25
26 in a health profession for which the Board is established
27
28 (2) In section 127(3)(b) delete "subdivision" and insert:
29
30 Subdivision
31
page 18
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 43
1 43. Section 127A inserted
2 At the end of Part 7 Division 11 Subdivision 2 insert:
3
4 127A. When matters under this Subdivision may be decided by
5 review body of a co-regulatory jurisdiction
6 (1) This section applies if --
7 (a) a condition has been imposed on a registered health
8 practitioner's or student's registration or
9 endorsement, or an undertaking has been given by
10 the practitioner or student; and
11 (b) a change or removal of the condition, or change or
12 revocation of the undertaking, would usually be
13 decided under this Subdivision; and
14 (c) the National Board that imposed the condition, or to
15 which the undertaking was given, considers the
16 change or removal, or change or revocation, should
17 be decided by a review body of a co-regulatory
18 jurisdiction.
19 (2) The National Board may --
20 (a) decide that any change or removal, or change or
21 revocation, may be decided by the review body of a
22 co-regulatory jurisdiction; and
23 (b) give any relevant documents or information held by
24 the Board to the review body.
25 (3) If a review body of a co-regulatory jurisdiction is to decide a
26 matter instead of the Board, the review body must decide
27 the matter under the laws of that jurisdiction.
28 (4) In this section --
29 review body means an entity declared by an Act or
30 regulation of a co-regulatory jurisdiction to be a review
31 body for this section.
page 19
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 44
1 44. Section 129 amended
2 In section 129(2) delete "by the Board" and insert:
3
4 in a health profession for which the Board is established
5
6 45. Section 130 amended
7 In section 130(1) delete "that registered the practitioner or student"
8 and insert:
9
10 established for the practitioner's or student's health profession
11
12 46. Section 131 amended
13 In section 131(1) delete "that registered the practitioner" and
14 insert:
15
16 established for the practitioner's health profession
17
18 47. Section 132 replaced
19 Delete section 132 and insert:
20
21 132. National Board may ask registered health practitioner
22 for practice information
23 (1) A National Board may, at any time by written notice given
24 to a health practitioner registered in a health profession for
25 which the Board is established, ask the practitioner to give
26 the Board a written notice containing practice information
27 for the practitioner.
28 (2) The registered health practitioner must not, without
29 reasonable excuse, fail to comply with the notice from the
30 Board.
page 20
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 47
1 (3) A contravention of subsection (2) by a registered health
2 practitioner does not constitute an offence but may
3 constitute behaviour for which health, conduct or
4 performance action may be taken.
5 (4) In this section --
6 practice information, for a registered health practitioner
7 practising in the health profession for which the practitioner
8 is registered, means each of the following if it applies to the
9 practitioner --
10 (a) if the practitioner is self-employed and shares
11 premises with other registered health practitioners
12 with whom the practitioner shares the cost of the
13 premises --
14 (i) that the practitioner is self-employed; and
15 (ii) the address of each of the premises at which
16 the practitioner practises; and
17 (iii) if the practitioner practises under a business
18 name or names, each business name; and
19 (iv) the names of the other registered health
20 practitioners with whom the practitioner
21 shares premises;
22 (b) if the practitioner is self-employed and
23 paragraph (a) does not apply -- that the practitioner
24 is self-employed, the address of each of the
25 premises at which the practitioner practises and, if
26 the practitioner practises under a business name or
27 names, each business name;
28 (c) if the practitioner is engaged by one or more entities
29 under a contract of employment, contract for
30 services or any other arrangement or agreement --
31 the name, address and contact details of each entity;
32 (d) if the practitioner is providing services for or on
33 behalf of one or more entities, whether in an
34 honorary capacity, as a volunteer or otherwise, and
35 whether or not the practitioner receives payment
36 from an entity for the services -- the name, address
37 and contact details of each entity;
page 21
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 48
1 Example for paragraph (d):
2 A physiotherapist practises physiotherapy as a volunteer
3 at a sporting club or charity under an arrangement with
4 that entity.
5 (e) if the practitioner practises under a name or names
6 that are not the same as the name under which the
7 practitioner is registered under this Law -- the other
8 name or names;
9 premises at which the practitioner practises does not
10 include the residential premises of a patient of the
11 practitioner.
12
13 48. Section 135 amended
14 Delete section 135(1)(a) and insert:
15
16 (a) the ACC;
17
18 49. Section 137 amended
19 In section 137(1) delete "that registered the practitioner," and
20 insert:
21
22 established for the practitioner's health profession,
23
24 50. Section 141 amended
25 After section 141(4)(c) insert:
26
27 (ca) the first health practitioner forms the reasonable
28 belief in the course of providing health services to
29 the second health practitioner or student; or
30
page 22
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 51
1 51. Section 143 amended
2 In section 143(3)(a) delete "that registered the student" and insert:
3
4 established for the student's health profession
5
6 52. Section 148 amended
7 In section 148(1) delete "that registered the health practitioner or
8 student." and insert:
9
10 established for the practitioner's or student's health profession.
11
12 53. Section 149 amended
13 (1) In section 149(1)(a) delete "by the Board; and" and insert:
14
15 in a health profession for which the Board is established; and
16
17 (2) In section 149(3):
18 (a) delete "by the Board" and insert:
19
20 in a health profession for which the Board is established
21
22 (b) delete "by another National Board," and insert:
23
24 in a health profession for which another National Board is
25 established,
26
page 23
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 54
1 54. Section 150 amended
2 In section 150(5) and (7) delete "that registered the practitioner"
3 and insert:
4
5 established for the practitioner's health profession
6
7 55. Section 151 amended
8 In section 151(1):
9 (a) in paragraph (c) delete "by the Board" and insert:
10
11 in a health profession for which the Board is established
12
13 (b) delete paragraph (e) and insert:
14
15 (e) the subject matter of the notification --
16 (i) is being dealt with, or has already been
17 dealt with, by another entity; or
18 (ii) has been referred by the Board to another
19 entity to be dealt with by that entity;
20 or
21 (f) the health practitioner to whom the notification
22 relates has taken appropriate steps to remedy the
23 matter the subject of the notification and the Board
24 reasonably believes no further action is required in
25 relation to the notification.
26
27 56. Section 155 amended
28 In section 155 in the definition of immediate action:
29 (a) in paragraph (c) delete "registration." and insert:
30
31 registration; or
page 24
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 57
1
2 (b) after paragraph (c) insert:
3
4 (d) if immediate action has previously been taken
5 suspending a health practitioner's or student's
6 registration -- the revocation of the suspension and
7 the imposition of a condition on the registration; or
8 (e) if immediate action has previously been taken
9 imposing a condition on a health practitioner's or
10 student's registration -- the suspension of the
11 registration instead of the condition.
12
13 57. Section 156 amended
14 In section 156(1):
15 (a) delete "by the Board" and insert:
16
17 in a health profession for which the Board is established
18
19 (b) in paragraph (d) delete "jurisdiction." and insert:
20
21 jurisdiction; or
22
23 (c) after paragraph (d) insert:
24
25 (e) the National Board reasonably believes the action is
26 otherwise in the public interest.
27 Example of when action may be taken in the public interest:
28 A registered health practitioner is charged with a serious
29 criminal offence, unrelated to the practitioner's practice, for
30 which immediate action is required to be taken to maintain
31 public confidence in the provision of services by health
32 practitioners.
33
page 25
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 58
1 58. Section 159A inserted
2 At the end of Part 8 Division 7 insert:
3
4 159A. Board may give information to notifier about immediate
5 action
6 (1) This section applies if a notification about a registered
7 health practitioner or student results in immediate action by
8 a National Board under this Division in relation to the
9 practitioner or student.
10 (2) After deciding to take the immediate action, the National
11 Board may inform the notifier who made the notification of
12 the decision and the reasons for the decision.
13
14 59. Section 160 amended
15 In section 160(1) delete "by the Board" and insert:
16
17 in a health profession for which the Board is established
18
19 60. Section 167A inserted
20 At the end of Part 8 Division 8 Subdivision 3 insert:
21
22 167A. Board may give information to notifier about result of
23 investigation
24 (1) This section applies if a notification about a registered
25 health practitioner or student results in a decision by a
26 National Board under section 167 in relation to the
27 practitioner or student.
28 (2) After making the decision, the National Board may inform
29 the notifier who made the notification of the decision and
30 the reasons for the decision.
31
page 26
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 61
1 61. Section 171 amended
2 Delete section 171(2)(b) and insert:
3
4 (b) for a performance assessment, a registered health
5 practitioner who --
6 (i) is a member of the same health profession
7 as the registered health practitioner or
8 student undergoing assessment; but
9 (ii) is not a member of the National Board
10 established for that profession.
11
12 62. Section 177A inserted
13 At the end of Part 8 Division 9 insert:
14
15 177A. Board may give information to notifier about decision
16 following assessor's report
17 (1) This section applies if a notification about a registered
18 health practitioner or student results in a decision by a
19 National Board under section 177 in relation to the
20 practitioner or student.
21 (2) After making the decision, the National Board may inform
22 the notifier who made the notification of the decision and
23 the reasons for the decision.
24
25 63. Section 178 amended
26 In section 178(1)(a)(i) and (ii) delete "by the Board" and insert:
27
28 in a health profession for which the Board is established
29
page 27
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 64
1 64. Section 180 replaced
2 Delete section 180 and insert:
3
4 180. Notice to be given to health practitioner or student and
5 notifier
6 (1) As soon as practicable after making a decision under
7 section 178(2) or 179(2), if section 179 does not apply, the
8 National Board must give written notice of the decision
9 to --
10 (a) the registered health practitioner or student; and
11 (b) if the decision was the result of a notification, the
12 notifier.
13 (2) A notice under subsection (1)(b) may also include the
14 reasons for the decision.
15
16 65. Section 181 amended
17 (1) After section 181(1) insert:
18
19 (1A) Also, a National Board must establish a health panel if the
20 suspension of a practitioner's or student's registration is to
21 be reconsidered under section 191(4A) or 191A(2)(c).
22
23 (2) Delete section 181(2) and insert:
24
25 (2) A health panel must consist of the following members
26 chosen from a list referred to in section 183 --
27 (a) at least one member who is a registered health
28 practitioner in the same health profession as the
29 registered health practitioner or student the subject
30 of the hearing;
page 28
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 66
1 (b) at least one member who is a medical practitioner
2 with expertise relevant to the matter the subject of
3 the hearing;
4 (c) at least one member who is not, and has not been, a
5 registered health practitioner in the same health
6 profession as the registered health practitioner or
7 student the subject of the hearing.
8
9 (3) Delete section 181(4) and (5) and insert:
10
11 (4) No more than half of the members of the panel may be
12 registered health practitioners in the same health profession
13 as the registered health practitioner or student the subject of
14 the hearing.
15 (5) However, for subsection (4), if the subject of the hearing is a
16 registered health practitioner who is a medical practitioner, a
17 member of the panel referred to in subsection (2)(b) is not to
18 be considered to be registered in the same health profession
19 as the registered health practitioner the subject of the
20 hearing.
21
22 66. Section 182 amended
23 Delete section 182(4) and insert:
24
25 (4) At least half, but no more than two-thirds, of the members
26 of the panel must be persons who are --
27 (a) registered health practitioners in the same health
28 profession as the registered health practitioner the
29 subject of the hearing; and
30 (b) chosen from a list approved under section 183.
31
page 29
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 67
1 67. Section 184 amended
2 After section 184(2) insert:
3
4 (3) For a panel established under section 181(1A), the panel --
5 (a) may decide the hearing may be decided entirely on
6 the basis of documents, without parties, their
7 representatives or witnesses appearing at the
8 hearing; and
9 (b) if the hearing is to be decided entirely on the basis
10 of documents -- must give written notice of the
11 decision to the registered health practitioner or
12 student the subject of the hearing.
13 (4) The health practitioner or student may within 14 days after
14 receiving the notice under subsection (3)(b) give a written
15 notice to the panel --
16 (a) requesting a hearing; and
17 (b) undertaking to be available to attend the hearing
18 within 28 days after giving the notice.
19 (5) If the health practitioner or student gives a notice under
20 subsection (4), the panel must give the health practitioner or
21 student notice under subsection (1) stating a day for the
22 hearing that is not more than 28 days after the practitioner's
23 or student's notice was given.
24 (6) Subsection (1) does not apply if --
25 (a) the panel makes a decision under subsection (3);
26 and
27 (b) the health practitioner or student does not give
28 notice under subsection (4).
29
page 30
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 68
1 68. Section 191 amended
2 After section 191(4) insert:
3
4 (4A) If a panel suspends a health practitioner's or student's
5 registration, the panel must decide a date (the
6 reconsideration date) by which the suspension must be
7 reconsidered by a panel established under section 181(1A).
8
9 69. Sections 191A and 191B inserted
10 After section 191 insert:
11
12 191A. Decision of panel after reconsideration of suspension
13 (1) This section applies if the suspension of a health
14 practitioner's or student's registration is reconsidered by a
15 panel established under section 181(1A).
16 (2) The panel may --
17 (a) revoke the suspension; or
18 (b) revoke the suspension, impose conditions under
19 section 191(3)(a) and decide a review period for the
20 conditions under section 191(4); or
21 (c) not revoke the suspension and decide a new
22 reconsideration date.
23 191B. Change of reconsideration date for suspension of
24 registration
25 (1) This section applies if the suspension of a health
26 practitioner's or student's registration is to be reconsidered
27 by a panel established under section 181(1A) on a
28 reconsideration date.
29 (2) The panel may decide an earlier reconsideration date if --
30 (a) the health practitioner or student advises the panel
31 of a material change in the practitioner's or
page 31
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 69
1 student's circumstances and requests an earlier
2 reconsideration date because of the change; and
3 (b) the panel is reasonably satisfied an earlier
4 reconsideration date is necessary because of the
5 change in circumstances.
6 (3) For subsection (2), the panel must give the practitioner or
7 student written notice of --
8 (a) if the panel decides an earlier reconsideration
9 date -- the earlier date; or
10 (b) if the panel decides to refuse the request for an
11 earlier reconsideration date -- the panel's decision
12 and the reasons for the decision.
13 (4) The panel may decide a later reconsideration date if the
14 panel is reasonably satisfied it is necessary to enable the
15 panel to reconsider the suspension.
16 Examples of when the panel may be reasonably satisfied a later
17 reconsideration date may be decided:
18 (a) the health practitioner or student is required for a
19 hearing and cannot attend because of illness;
20 (b) the panel requires extra time to consider further
21 evidence supplied by the health practitioner or
22 student;
23 (c) extra time is required to appoint a panel member for
24 a panel member who is ill.
25 (5) For subsection (4), the panel must give the health
26 practitioner or student written notice of the later
27 reconsideration date and the reasons for the decision.
28 (6) The suspension of the health practitioner's or student's
29 registration remains in force until the panel makes a
30 decision to revoke the suspension.
31
page 32
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 70
1 70. Section 192 amended
2 (1) In section 192(1) delete "section 191," and insert:
3
4 section 191 or 191A,
5
6 (2) Delete section 192(4) and insert:
7
8 (4) A notice under subsection (2)(b) may also include the
9 reasons for the decision.
10
11 71. Section 196 amended
12 (1) In section 196(1)(b)(v) delete "that registered the practitioner" and
13 insert:
14
15 established for the practitioner's health profession
16
17 (2) Delete section 196(4)(b) and insert:
18
19 (b) prohibit the person, either permanently or for a
20 stated period, from --
21 (i) providing any health service or a specified
22 health service; or
23 (ii) using any title or a specified title.
24
25 72. Section 196A inserted
26 After section 196 insert:
27
28 196A. Offences relating to prohibition orders
29 (1) A person must not contravene a prohibition order.
30 Penalty for this subsection: a fine of $30 000.
page 33
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 73
1 (2) A person who is subject to a prohibition order (the
2 prohibited person) must, before providing a health service,
3 give written notice of the order to the following persons --
4 (a) the person to whom the prohibited person intends to
5 provide the health service or, if that person is under
6 16 years of age or under guardianship -- a parent or
7 guardian of the person;
8 (b) if the health service is to be provided by the
9 prohibited person as an employee -- the person's
10 employer;
11 (c) if the health service is to be provided by the
12 prohibited person under a contract for services or
13 any other arrangement with an entity -- that entity;
14 (d) if the health service is to be provided by the
15 prohibited person as a volunteer for or on behalf of
16 an entity -- that entity.
17 Penalty for this subsection: a fine of $5 000.
18 (3) A person must not advertise a health service to be provided
19 by a prohibited person unless the advertisement states that
20 the prohibited person is subject to a prohibition order.
21 Penalty for this subsection:
22 (a) in the case of an individual -- a fine of $5 000;
23 or
24 (b) in the case of a body corporate -- a fine of
25 $10 000.
26
27 73. Section 199 amended
28 After section 199(1)(j) insert:
29
30 (ja) a decision by a health panel not to revoke a
31 suspension;
32
page 34
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 74
1 74. Section 206 amended
2 (1) Delete section 206(1)(b) and insert:
3
4 (b) the National Board has been given practice
5 information under section 132 or becomes aware of
6 practice information it should have been given
7 under that section.
8
9 (2) Delete section 206(2) and insert:
10
11 (2) The National Board, as soon as practicable after making the
12 decision or receiving the notice --
13 (a) if the practice information given to the Board, or of
14 which the Board becomes aware, is information
15 referred to in section 132(4)(a) and includes the
16 names of other registered health practitioners --
17 may give written notice to each of those
18 practitioners of the decision to take health, conduct
19 or performance action against the registered health
20 practitioner; or
21 (b) if the practice information given to the Board, or of
22 which the Board becomes aware, is information
23 referred to in section 132(4)(c) or (d) and includes
24 the name of an entity -- must give written notice to
25 the entity of the decision to take health, conduct or
26 performance action against the registered health
27 practitioner.
28
29 Note: The heading to amended section 206 is to read:
30 National Board to give notice to registered health practitioner's
31 employer and other entities
page 35
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 75
1 75. Part 10 Division 1A inserted
2 At the beginning of Part 10 insert:
3
4 Division 1A -- Australian Information Commissioner
5 212A. Application of Commonwealth AIC Act
6 (1) The AIC Act applies as a law of a participating jurisdiction
7 for the purposes of the national registration and
8 accreditation scheme.
9 (2) For the purposes of subsection (1), the AIC Act applies --
10 (a) as if a reference to the Office of the Australian
11 Information Commissioner were a reference to the
12 Office of the National Health Practitioner Privacy
13 Commissioner; and
14 (b) as if a reference to the Information Commissioner
15 were a reference to the National Health Practitioner
16 Privacy Commissioner; and
17 (c) with any other modifications made by the
18 regulations.
19 (3) Without limiting subsection (2)(c), the regulations may --
20 (a) provide that the AIC Act applies under
21 subsection (1) as if a provision of the AIC Act
22 specified in the regulations were omitted; or
23 (b) provide that the AIC Act applies under
24 subsection (1) as if an amendment to the AIC Act
25 made by a law of the Commonwealth, and specified
26 in the regulations, had not taken effect; or
27 (c) confer jurisdiction on a tribunal or court of a
28 participating jurisdiction.
29 (4) In this section --
30 AIC Act means the Australian Information Commissioner
31 Act 2010 (Commonwealth), as in force from time to time.
32
page 36
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 76
1 76. Section 213 amended
2 (1) Delete section 213(2) and insert:
3
4 (2) For the purposes of subsection (1), the Privacy Act
5 applies --
6 (a) as if a reference to the Commissioner were a
7 reference to the National Health Practitioner
8 Privacy Commissioner; and
9 (b) with any other modifications made by the
10 regulations.
11
12 (2) In section 213(3) delete "subsection (2)(c)," and insert:
13
14 subsection (2)(b),
15
16 77. Section 215 amended
17 (1) Delete section 215(2) and insert:
18
19 (2) For the purposes of subsection (1), the FOI Act applies --
20 (a) as if a reference to the Office of the Australian
21 Information Commissioner were a reference to the
22 Office of the National Health Practitioner Privacy
23 Commissioner; and
24 (b) as if a reference to the Information Commissioner
25 were a reference to the National Health Practitioner
26 Privacy Commissioner; and
27 (c) with any other modifications made by the
28 regulations.
29
30 (2) In section 215(3) delete "subsection (2)," and insert:
31
32 subsection (2)(c),
33
page 37
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 78
1 78. Section 217 amended
2 In section 217(2) delete "by the Board," and insert:
3
4 in a health profession for which the Board is established,
5
6 79. Section 222 replaced
7 Delete section 222 and insert:
8
9 222. Public national registers
10 (1) A public national register, with the name listed in column 1
11 of the following Table, is to be kept for each health
12 profession.
13 (2) A public national register for a health profession is to
14 include the names of all health practitioners (other than
15 specialist health practitioners) currently registered in the
16 profession.
17 (3) If divisions are listed beside the public national register in
18 column 2 of the Table, the register is to be kept in a way that
19 ensures it includes those divisions.
20 (4) In addition, a public national register for a health profession
21 is to include --
22 (a) the names of all health practitioners (other than
23 specialist health practitioners) whose registration
24 has been cancelled by an adjudication body; and
25 (b) the names of all persons (other than specialist health
26 practitioners or persons who were previously
27 specialist health practitioners) subject to a
28 prohibition order.
29 (5) A public national register required to be kept under this
30 section is to be kept by the National Board prescribed by the
31 regulations for the register, in conjunction with the National
32 Agency.
page 38
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 79
1 Table -- Public national registers
Name of public national register Divisions of public national
register
Register of Aboriginal and Torres
Strait Islander Health Practitioners
Register of Chinese Medicine Acupuncturists, Chinese herbal
Practitioners medicine practitioners, Chinese
herbal dispensers
Register of Chiropractors
Register of Dental Practitioners Dentists, Dental therapists, Dental
hygienists, Dental prosthetists, Oral
health therapists
Register of Medical Practitioners
Register of Medical Radiation Diagnostic radiographers, Nuclear
Practitioners medicine technologists, Radiation
therapists
Register of Midwives
Register of Nurses Registered nurses (Division 1),
Enrolled nurses (Division 2)
Register of Occupational Therapists
Register of Optometrists
Register of Osteopaths
Register of Pharmacists
Register of Physiotherapists
page 39
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 80
Name of public national register Divisions of public national
register
Register of Podiatrists
Register of Psychologists
1
2 80. Section 222 amended
3 In section 222 in the Table after the row for Register of
4 Osteopaths insert:
5
Register of Paramedics
6
7 81. Section 223 amended
8 In section 223:
9 (a) in paragraph (a) delete "by the Board; and" and insert:
10
11 in a health profession for which the Board is established; and
12
13 (b) delete paragraph (b) and insert:
14
15 (b) a public national register that includes the names of
16 all --
17 (i) specialist health practitioners whose
18 registration has been cancelled by an
19 adjudication body; and
20 (ii) persons who are subject to a prohibition
21 order.
22
page 40
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 82
1 82. Section 226 amended
2 (1) In section 226(1) and (2) delete "its National Register or
3 Specialists Register" and insert:
4
5 a National Register or Specialists Register in which the practitioner's
6 name is included
7
8 (2) In section 226(3) delete "the National Register or Specialists
9 Register" and insert:
10
11 a National Register or Specialists Register in which the practitioner's
12 name is included
13
14 83. Section 227 replaced
15 Delete section 227 and insert:
16
17 227. Register about former registered health practitioners
18 A register kept by a National Board under section 222 or
19 223(b) must include the following --
20 (a) for each health practitioner whose registration was
21 cancelled by an adjudication body --
22 (i) the fact the practitioner's registration was
23 cancelled by an adjudication body; and
24 (ii) the grounds on which the practitioner's
25 registration was cancelled; and
26 (iii) if the adjudication body's hearing was open
27 to the public, details of the conduct that
28 formed the basis of the adjudication;
29 (b) for each person subject to a prohibition order, a
30 copy of the order.
31
page 41
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 84
1 84. Section 232 amended
2 In section 232(1)(b) delete "by the Board." and insert:
3
4 in a health profession for which the Board is established.
5
6 85. Section 233 amended
7 In section 233(1)(a) delete "the health profession" and insert:
8
9 a health profession
10
11 86. Section 235 amended
12 In section 235(2)(a) delete "Practitioners" and insert:
13
14 Practitioner
15
16 87. Section 245 amended
17 After section 245(4) insert:
18
19 (5) The amendment of the Health Practitioner Regulation
20 National Law (WA) Regulations 2010 by the Health
21 Practitioner Regulation National Law (WA) Amendment
22 Act 2017 does not prevent the national regulations from
23 being amended or repealed under this section.
24
page 42
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 88
1 88. Section 284 amended
2 In section 284(5):
3 (a) in the definition of National Board delete "Nursing and
4 Midwifery Board of Australia;" and insert:
5
6 National Board for midwifery;
7
8 (b) in the definition of private midwifery delete "nursing and".
9 89. Part 13 Division 1 inserted
10 After section 305 insert:
11
12 Part 13 -- Transitional and other provisions for Health
13 Practitioner Regulation National Law (WA) Amendment Act 2017
14 Division 1 -- Paramedicine Board and registration of paramedics
15 306. Definitions
16 In this Division --
17 Ambulance Service of New South Wales, for the issue of a
18 Diploma of Paramedical Science, includes another entity
19 prescribed by regulation for issuing the diploma;
20 Diploma of Paramedical Science see section 312(5);
21 Paramedicine Board means --
22 (a) the Paramedicine Board of Australia established
23 under section 307; or
24 (b) the Board continued in force on the participation
25 day by a regulation made under section 31; or
26 (c) if, after the participation day, the Paramedicine
27 Board is dissolved and replaced by another Board
28 established for the health profession of
29 paramedicine by a regulation made under
30 section 31 -- the other Board;
page 43
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 89
1 participation day means a day prescribed by regulation after
2 which an individual may be registered in paramedicine
3 under this Law;
4 relevant day means the day that is 3 years after the
5 participation day.
6 307. Establishment of Paramedicine Board
7 (1) The Paramedicine Board of Australia is established as a
8 National Health Practitioner Board for the health profession
9 of paramedicine.
10 (2) The Board --
11 (a) is a body corporate with perpetual succession; and
12 (b) has a common seal; and
13 (c) may sue and be sued in its corporate name.
14 (3) The Board represents the State.
15 (4) This section applies until the Board is continued in force by
16 a regulation made under section 31.
17 308. Powers and functions of Paramedicine Board
18 (1) Sections 32, 33, 34, 37, 40, 234 and Schedule 4 apply to the
19 Paramedicine Board until the participation day.
20 (2) However, for section 34, the Ministerial Council may, until
21 the participation day, appoint as practitioner members
22 persons who the Council is satisfied have skills and
23 experience in paramedicine relevant to the Board's
24 functions.
25 (3) The Paramedicine Board may perform the following
26 functions until the participation day --
27 (a) develop and recommend one or more registration
28 standards to the Ministerial Council under
29 section 38 for its approval under section 12;
30 (b) develop and approve codes and guidelines under
31 section 39;
page 44
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 89
1 (c) decide the day after which individuals may apply
2 for registration in paramedicine;
3 (d) do anything under Part 6 in relation to accreditation
4 for paramedicine;
5 (e) do anything under Part 7 to register individuals in
6 paramedicine;
7 (f) anything else the Board may do under this Division.
8 309. Paramedicine Board taken to be a National Board for
9 stated matters
10 The Paramedicine Board is taken to be a National Board for
11 the following provisions of this Law until the participation
12 day --
13 (a) Part 2;
14 (b) Part 4;
15 (c) Part 9;
16 (d) Part 10, except for Division 3;
17 (e) section 236.
18 310. CAA accredited programmes of study
19 (1) The Paramedicine Board may, until the relevant day,
20 approve, or refuse to approve, a CAA accredited programme
21 of study as providing a qualification for the purposes of
22 registration in paramedicine.
23 (2) An approval of a programme of study under
24 subsection (1) --
25 (a) may be granted subject to the conditions the Board
26 considers necessary or desirable in the
27 circumstances; and
28 (b) does not take effect until the programme is included
29 in the list published under subsection (3).
30 (3) A programme of study approved by the Board under
31 subsection (1) must --
32 (a) be published in a list on the National Agency's
33 website; and
page 45
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 89
1 (b) include, for each programme of study, the name of
2 the education provider that provides the
3 programme.
4 (4) A programme of study approved under this section is taken
5 to be an approved programme of study for this Law.
6 (5) This section applies despite section 49(1).
7 (6) In this section --
8 CAA accredited programme of study means a programme
9 of study accredited by the Council of Ambulance
10 Authorities Inc. and published on the Council's website --
11 (a) immediately before the commencement; or
12 (b) between the commencement and the participation
13 day.
14 311. Qualifications for general registration in paramedicine
15 for a limited period
16 (1) For the purposes of section 52(1)(a), an individual who
17 applies for registration in paramedicine before the relevant
18 day is qualified for general registration in paramedicine if
19 the individual --
20 (a) holds a qualification or has completed training in
21 paramedicine, whether in a participating jurisdiction
22 or elsewhere, that the Paramedicine Board considers
23 is adequate for the purposes of practising the
24 profession; or
25 (b) holds a qualification or has completed training in
26 paramedicine, whether in a participating jurisdiction
27 or elsewhere, and has completed any further study,
28 training or supervised practice in the profession
29 required by the Paramedicine Board for the
30 purposes of this section; or
31 (c) has practised paramedicine during the 10 years
32 before the participation day for a consecutive period
33 of 5 years or for any periods which together amount
34 to 5 years and satisfies the Paramedicine Board that
page 46
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 89
1 the individual is competent to practise
2 paramedicine.
3 (2) This section applies despite section 53.
4 312. Accepted qualification for general registration in
5 paramedicine
6 (1) This section applies to an individual who holds a Diploma
7 of Paramedical Science issued by the Ambulance Service of
8 New South Wales.
9 (2) The individual is qualified for general registration in
10 paramedicine for the purposes of section 52(1)(a).
11 (3) This section applies despite section 53.
12 (4) Nothing in this section makes a Diploma of Paramedical
13 Science issued by the Ambulance Service of New South
14 Wales an approved qualification for section 53(b).
15 (5) In this section --
16 Diploma of Paramedical Science means any of the
17 following --
18 (a) a Diploma of Paramedical Science;
19 (b) a Diploma of Paramedical Science (Ambulance) or
20 an Advanced Diploma of Paramedical Science
21 (Ambulance);
22 (c) a Diploma in Paramedical Science (Pre-Hospital
23 Care) or an Advanced Diploma Paramedical
24 Sciences (Pre-Hospital Care);
25 (d) a qualification --
26 (i) that has replaced the diploma mentioned in
27 paragraph (a) and is prescribed by
28 regulation; and
29 (ii) issued by the Ambulance Service of New
30 South Wales.
page 47
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 89
1 313. Provisions that apply to student registration for Diploma
2 of Paramedical Science
3 A Diploma of Paramedical Science issued by the
4 Ambulance Service of New South Wales is taken to be an
5 approved programme of study for Part 7 Division 7
6 Subdivisions 1 and 3.
7 314. Applications for registration in paramedicine and period
8 of registration
9 (1) An individual may apply to the Paramedicine Board for
10 registration in paramedicine --
11 (a) before the participation day; and
12 (b) after the day decided by the Board under
13 section 308(3)(c).
14 (2) Subsection (3) applies if an individual applies for
15 registration in paramedicine under subsection (1) and the
16 Board grants the application under Part 7.
17 (3) Despite section 56, the registration period --
18 (a) does not start until the participation day; and
19 (b) may be a period of not more than 2 years decided
20 by the Board.
21 315. Applications for registration in paramedicine made but
22 not decided before participation day
23 (1) This section applies if --
24 (a) before the participation day an individual applies to
25 the Paramedicine Board for registration in
26 paramedicine; and
27 (b) the application is not decided by the Board by the
28 participation day; and
29 (c) while the application for registration is being
30 decided, the individual takes or uses a title, or does
31 anything else, relating to paramedicine, that would
32 contravene section 113 or 116.
page 48
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 89
1 (2) The individual does not commit an offence against
2 section 113 or 116 while the application is being decided.
3 Note:
4 See section 85 for when an application not decided by a
5 National Board is taken to be a decision to refuse the
6 application.
7 316. Period after participation day during which an
8 individual does not commit an offence under sections 113
9 and 116
10 (1) This section applies if an individual eligible for registration
11 in paramedicine --
12 (a) has not applied to the Paramedicine Board for
13 registration in paramedicine before the participation
14 day; and
15 (b) takes or uses a title, or does anything else, relating
16 to paramedicine, that would contravene section 113
17 or 116.
18 Note:
19 An individual may be qualified for general registration in
20 paramedicine under section 311 or 312.
21 (2) The individual does not commit an offence against
22 section 113 or 116 during the period of 90 days after the
23 participation day.
24 317. Application of sections 113 and 116 to individual
25 temporarily practising paramedicine in another
26 jurisdiction
27 (1) This section applies to an individual who --
28 (a) usually practises paramedicine in a participating
29 jurisdiction that has yet to enact a law that
30 substantially corresponds with the provisions of this
31 law about paramedicine; and
32 (b) temporarily takes or uses a title or does anything
33 else, relating to paramedicine in another
34 jurisdiction, that would contravene section 113
35 or 116; and
page 49
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 90
1 (c) complies with any regulation made under this Law
2 about temporarily taking or using a title or doing
3 anything else, relating to paramedicine in another
4 jurisdiction.
5 (2) The individual does not commit an offence against
6 section 113 or 116.
7 (3) In this section --
8 another jurisdiction means a participating jurisdiction in
9 which the provisions of this Law about paramedicine apply.
10
11 90. Part 13 Division 2 inserted
12 After section 317 insert:
13
14 Division 2 -- Other transitional provisions
15 321. Offences relating to prohibition orders made before
16 commencement
17 Section 196A also applies to a prohibition order made
18 before the commencement.
19
20 91. Sections 318 to 320 inserted
21 At the beginning of Part 13 Division 2 insert:
22
23 318. Deciding review period for decision on application made
24 under section 125 before commencement
25 (1) This section applies if --
26 (a) before the commencement, a registered health
27 practitioner or student applied to a National Board
28 under section 125 to change or remove a condition
29 or change or revoke an undertaking; and
30 (b) immediately before the commencement, the
31 application had not been decided by the Board; and
page 50
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 91
1 (c) after the commencement, the Board's decision
2 results in a registration or endorsement being
3 subject to a condition, or an undertaking is still in
4 place.
5 (2) The National Board may decide a review period for the
6 condition or undertaking under section 125(6) and give the
7 registered health practitioner or student notice under
8 section 125(6A).
9 319. Deciding review period for decision after notice given
10 under section 126 before commencement
11 (1) This section applies if --
12 (a) before the commencement, a National Board had
13 given notice to a registered health practitioner or
14 student under section 126 about changing a
15 condition on the practitioner's or student's
16 registration; and
17 (b) immediately before the commencement the Board
18 had not made a decision in relation to the matter;
19 and
20 (c) after the commencement, the Board's decision
21 results in the practitioner's or student's registration
22 being subject to a condition.
23 (2) The National Board may decide a review period for the
24 condition under section 126(6) and give the registered health
25 practitioner or student notice under section 126(6A).
26 320. Membership of continued National Boards
27 (1) This section applies if --
28 (a) a person holds office as a member of a National
29 Board immediately before the commencement; and
30 (b) the Board is continued in force after the
31 commencement (the continued Board) by a
32 regulation made under section 31.
page 51
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 92
1 (2) The person continues to hold office as a member of the
2 continued Board after the commencement --
3 (a) on the terms and conditions that applied to the
4 person's appointment before commencement; and
5 (b) until the office of the member becomes vacant
6 under this Law.
7 (3) Also, a person who is Chairperson of a National Board
8 immediately before the commencement continues to hold
9 office as Chairperson of the continued Board after the
10 commencement.
11 (4) Subsection (5) applies if the process for appointing a person
12 as a member of a National Board is started but not
13 completed before the commencement.
14 (5) The process may continue after the commencement and the
15 person may be appointed as a member of the continued
16 Board.
17
18 92. Sections 322 and 323 inserted
19 After section 321 insert:
20
21 322. Register to include prohibition orders made before
22 commencement
23 (1) For sections 222(4)(b) and 223(b), a National Board may
24 also record in the register the names of persons subject to a
25 prohibition order made before the commencement.
26 (2) Also, for section 227(b), a National Board may also include
27 in the register copies of prohibition orders made before the
28 commencement.
29 323. Public national registers
30 (1) This section applies to a register kept for a health profession
31 under section 222 or 223 immediately before the
32 commencement.
page 52
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 93
1 (2) The register becomes, on the commencement, the register
2 that must be kept for the health profession under section 222
3 or 223.
4
5 93. Schedule 2 clause 4 amended
6 Delete Schedule 2 clause 4(2)(b) and insert:
7
8 (b) the member, as a result of the member's
9 misconduct, impairment or incompetence --
10 (i) ceases to be a registered health practitioner;
11 or
12 (ii) if the member is registered in more than one
13 health profession -- ceases to be registered
14 in either or any of the health professions;
15 or
16
17 94. Schedule 4 clause 2 amended
18 (1) In Schedule 4 clause 2 delete "Subject to" and insert:
19
20 (1) Subject to
21
22 (2) At the end of clause 2 insert:
23
24 (2) However, a member's term of office ends if the National
25 Board to which the member was appointed is dissolved by a
26 regulation made under section 31.
27
page 53
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 2 Health Practitioner National Law (WA) Act 2010 amended
Division 2 Health Practitioner Regulation National Law amended
s. 95
1 95. Schedule 4 clause 4 amended
2 Delete Schedule 4 clause 4(2)(b) and insert:
3
4 (b) the member, as a result of the member's
5 misconduct, impairment or incompetence --
6 (i) ceases to be a registered health practitioner;
7 or
8 (ii) if the member is registered in more than one
9 health profession -- ceases to be registered
10 in either or any of the health professions;
11 or
12
13 96. Schedule 4 clause 10 amended
14 In Schedule 4 clause 10 delete "the health profession" and insert:
15
16 a health profession
17
18 97. Schedule 4 clause 11 amended
19 In Schedule 4 clause 11(a) and (b) delete "the health profession"
20 and insert:
21
22 a health profession
23
24 98. Various penalties amended
25 (1) In the provisions listed in the Table delete "Penalty:" and insert:
26
27 Penalty for this subsection:
28
page 54
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Health Practitioner National Law (WA) Act 2010 amended Part 2
Health Practitioner Regulation National Law amended Division 2
s. 98
1 Table
s. 113(1) and (2) s. 115(1) and (2)
s. 116(1) and (2) s. 117(3)
s. 118(1) and (2) s. 119(3)
s. 121(1) s. 122(1)
s. 123(1) s. 133(1)
s. 136(1) s. 216(1)
2 (2) In the provisions listed in the Table delete "Penalty:" and insert:
3
4 Penalty for this subclause:
5
6 Table
Sch. 5 cl. 2(1) and (2) Sch. 5 cl. 10(1) and (2)
Sch. 5 cl. 21(1) Sch. 5 cl. 22(1)
Sch. 6 cl. 2(1) and (2) Sch. 6 cl. 10(1) and (2)
Sch. 6 cl. 21(1) Sch. 6 cl. 22(1)
page 55
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 3 Health Practitioner Regulation National Law (WA) Regulations
2010 amended
s. 99
1 Part 3 -- Health Practitioner Regulation National Law
2 (WA) Regulations 2010 amended
3 99. Regulations amended
4 This Part amends the Health Practitioner Regulation National
5 Law (WA) Regulations 2010.
6 100. Regulation 4 amended
7 In regulation 4(1) delete "from time to time" and insert:
8
9 on 6 December 2017
10
page 56
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Consequential amendments to other Acts Part 4
s. 101
1 Part 4 -- Consequential amendments to other Acts
2 101. Blood Donation (Limitation of Liability) Act 1985 amended
3 (1) This section amends the Blood Donation (Limitation of
4 Liability) Act 1985.
5 (2) In section 11(1)(e) delete "and midwifery".
6 102. Children and Community Services Act 2004 amended
7 (1) This section amends the Children and Community Services
8 Act 2004.
9 (2) In section 124A in the definition of midwife delete "whose
10 name is entered on the Register of Midwives kept under that
11 Law;" and insert:
12
13 in the midwifery profession;
14
15 (3) In section 124A in the definition of nurse delete "and
16 midwifery profession whose name is entered on the Register of
17 Nurses kept under that Law;" and insert:
18
19 profession;
20
21 103. Civil Liability Act 2002 amended
22 (1) This section amends the Civil Liability Act 2002.
23 (2) In section 5PA in the definition of health professional:
24 (a) delete paragraph (a)(vii) and insert:
25
26 (vii) midwifery;
27 (viia) nursing;
28
page 57
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 4 Consequential amendments to other Acts
s. 104
1 (b) after paragraph (a)(x) insert:
2
3 (xa) paramedicine;
4
5 (3) In section 5AB in the definition of medical qualifications:
6 (a) in paragraph (a) delete "the medical" and insert:
7
8 a health
9
10 (b) in paragraph (c) delete "officer or other paramedic;" and
11 insert:
12
13 officer;
14
15 104. Constitution Acts Amendment Act 1899 amended
16 (1) This section amends the Constitution Acts Amendment Act 1899.
17 (2) In Schedule V Part 3 delete the items for:
18 The Aboriginal and Torres Strait Islander Health Practice Board of
19 Australia
20 The Chinese Medicine Board of Australia
21 The Chiropractic Board of Australia
22 The Dental Board of Australia
23 The Medical Board of Australia
24 The Medical Radiation Practice Board of Australia
25 The Nursing and Midwifery Board of Australia
26 The Occupational Therapy Board of Australia
27 The Optometry Board of Australia
28 The Osteopathy Board of Australia
29 The Pharmacy Board of Australia
30 The Physiotherapy Board of Australia
page 58
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Consequential amendments to other Acts Part 4
s. 105
1 The Podiatry Board of Australia
2 The Psychology Board of Australia
3 (3) In Schedule V Part 3 after the item relating to the Health
4 Education Council of Western Australia insert:
5
6 Any National Health Practitioner Board established under the Health
7 Practitioner Regulation National Law (Western Australia).
8
9 105. Corruption, Crime and Misconduct Act 2003 amended
10 (1) This section amends the Corruption, Crime and Misconduct
11 Act 2003.
12 (2) In section 54(1) in the definition of registered nurse delete "and
13 midwifery".
14 106. Court Security and Custodial Services Act 1999 amended
15 (1) This section amends the Court Security and Custodial Services
16 Act 1999.
17 (2) In section 3 in the definition of nurse delete "and midwifery".
18 107. Criminal Investigation (Identifying People) Act 2002
19 amended
20 (1) This section amends the Criminal Investigation (Identifying
21 People) Act 2002.
22 (2) In section 52 in the definition of nurse delete "and midwifery".
23 108. Criminal Investigation Act 2006 amended
24 (1) This section amends the Criminal Investigation Act 2006.
page 59
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 4 Consequential amendments to other Acts
s. 109
1 (2) In section 73 in the definition of midwife delete "whose name is
2 entered on the Register of Midwives kept under that Law;" and
3 insert:
4
5 in the midwifery profession;
6
7 (3) In section 73 in the definition of nurse delete "and midwifery".
8 109. Declared Places (Mentally Impaired Accused) Act 2015
9 amended
10 (1) This section amends the Declared Places (Mentally Impaired
11 Accused) Act 2015.
12 (2) In section 25 in the definition of nurse delete the passage that
13 begins with "Australia) --" and continues to the end of the
14 definition and insert:
15
16 Australia) in the nursing profession --
17 (a) whose registration under that Law is endorsed
18 as nurse practitioner; or
19 (b) whose name is entered on Division 1 of the
20 Register of Nurses kept under that Law as a
21 registered nurse;
22
23 110. Firearms Act 1973 amended
24 (1) This section amends the Firearms Act 1973.
25 (2) In section 23B(3) in the definition of registered nurse delete
26 "and midwifery".
27 111. Health (Miscellaneous Provisions) Act 1911 amended
28 (1) This section amends the Health (Miscellaneous Provisions)
29 Act 1911.
page 60
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Consequential amendments to other Acts Part 4
s. 112
1 (2) In section 3(1) in the definition of midwife delete "whose name
2 is entered on the Register of Midwives kept under that Law;"
3 and insert:
4
5 in the midwifery profession;
6
7 (3) In section 3(1) in the definition of nurse delete "and midwifery
8 profession whose name is entered on the Register of Nurses
9 kept under that Law;" and insert:
10
11 profession;
12
13 (4) In section 3(1) in the definition of nurse practitioner delete
14 "whose name is entered on the Register of Nurses kept under
15 that Law as being qualified to practice as a" and insert:
16
17 in the nursing profession whose registration under that Law is
18 endorsed as
19
20 112. Health and Disability Services (Complaints) Act 1995
21 amended
22 (1) This section amends the Health and Disability Services
23 (Complaints) Act 1995.
24 (2) In section 3(1) delete the definition of registration board and
25 insert:
26
27 registration board means a National Health
28 Practitioner Board established under the Health
29 Practitioner Regulation National Law (Western
30 Australia);
31
32 (3) Delete Schedule 1.
page 61
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 4 Consequential amendments to other Acts
s. 113
1 113. Mandatory Testing (Infectious Diseases) Act 2014 amended
2 (1) This section amends the Mandatory Testing (Infectious
3 Diseases) Act 2014.
4 (2) In section 4 in the definition of nurse delete "and midwifery
5 profession whose name is entered on the Register of Nurses
6 kept under that Law;" and insert:
7
8 profession;
9
10 114. Mental Health Act 2014 amended
11 (1) This section amends the Mental Health Act 2014.
12 (2) In section 4 in the definition of nurse delete "and midwifery".
13 115. Oaths, Affidavits and Statutory Declarations Act 2005
14 amended
15 (1) This section amends the Oaths, Affidavits and Statutory
16 Declarations Act 2005.
17 (2) In Schedule 2 after item 25 insert:
18
25A. A person registered under the Health Midwife
Practitioner Regulation National Law (Western
Australia) in the midwifery profession.
19
20 (3) In Schedule 2 item 27 delete "and midwifery".
21 (4) In Schedule 2 after item 28 insert:
22
28A. A person registered under the Health Paramedic
Practitioner Regulation National Law (Western
Australia) in the paramedicine profession.
23
page 62
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Consequential amendments to other Acts Part 4
s. 116
1 116. Prostitution Act 2000 amended
2 (1) This section amends the Prostitution Act 2000.
3 (2) In section 29(7) in the definition of registered nurse delete "and
4 midwifery".
5 117. Public Health Act 2016 amended
6 (1) This section amends the Public Health Act 2016.
7 (2) In section 4(1) in the definition of midwife delete "whose name
8 is entered on the Register of Midwives kept under that Law;"
9 and insert:
10
11 in the midwifery profession;
12
13 (3) In section 4(1) in the definition of nurse delete "and midwifery
14 profession whose name is entered on the Register of Nurses
15 kept under that Law;" and insert:
16
17 profession;
18
19 (4) In section 4(1) in the definition of nurse practitioner delete
20 "whose name is entered on the Register of Nurses kept under
21 that Law as being qualified to practice as a" and insert:
22
23 in the nursing profession whose registration under that Law is
24 endorsed as
25
26 118. Radiation Safety Act 1975 amended
27 (1) This section amends the Radiation Safety Act 1975.
page 63
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Part 4 Consequential amendments to other Acts
s. 119
1 (2) In section 26(2a):
2 (a) delete "a person registered under the Health Practitioner
3 Regulation National Law (Western Australia) whose
4 name is entered on the Register of Nurses kept under
5 that Law as being qualified to practise as";
6 (b) delete "section 39 of that Act" and insert:
7
8 the Health Practitioner Regulation National Law
9 (Western Australia) section 39
10
11 (3) After section 26(2a) insert:
12
13 (2B) In subsection (2a) --
14 nurse practitioner means a person registered under the
15 Health Practitioner Regulation National Law (Western
16 Australia) in the nursing profession whose registration
17 under that Law is endorsed as nurse practitioner.
18
19 119. Rail Safety National Law (WA) Act 2015 amended
20 (1) This section amends the Rail Safety National Law (WA)
21 Act 2015.
22 (2) In section 9(1) in the definition of registered nurse delete "and
23 midwifery".
24 (3) In the Schedule section 248(3) in the definition of person to
25 whom this section applies paragraph (b) delete "and midwifery
26 profession as a nurse" and insert:
27
28 profession
29
page 64
Health Practitioner Regulation National Law (WA) Amendment Bill 2017
Consequential amendments to other Acts Part 4
s. 120
1 120. Road Traffic Act 1974 amended
2 (1) This section amends the Road Traffic Act 1974.
3 (2) In section 65 in the definition of nurse practitioner delete
4 "whose name is entered on the Register of Nurses kept under
5 that Law as being qualified to practice as a" and insert:
6
7 in the nursing profession whose registration under that Law is
8 endorsed as
9
10 (3) In section 65 in the definition of registered nurse delete "and
11 midwifery".
12
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