2010




            THE LEGISLATIVE ASSEMBLY FOR THE
              AUSTRALIAN CAPITAL TERRITORY



HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT)
    (TRANSITIONAL PROVISIONS) REGULATION 2010

                                       SL2010­25


                       EXPLANATORY STATEMENT




                                                                  Circulated by the authority of
                                                                           Katy Gallagher MLA
                                                                            Minister for Health




    Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au
                                                        2


                               EXPLANATORY STATEMENT

OVERVIEW

Recognition of MPA Registration Bodies
Health Practitioner National Law (ACT) Act 2010 (Act C), which entirely
replaces the Health Professionals Act 2004 (HPA) in dealing with registration
and disciplinary matters of the medical profession, will apply to people who
have been registered by the ACT Medical Board under the HPA, allowing
existing matters to be dealt with by Act C.
This regulation contains a transitional provision that enables Act C to apply to
commenced matters involving people registered by a registration body,
including those under the Medical Practice Act 1930 (MPA).

Enabling the ACT Civil and Administrative Tribunal (ACAT) to Decide
Commenced Matters
Following repeal of the MPA in 2004 and enactment of the HPA and the ACT
Civil and Administrative Tribunal Act 2008, matters regarding registration
under the MPA has been dealt with according to the HPA/ACAT framework,
not that of the MPA.
To avoid any confusions as to which framework applies, whether the
HPA/ACAT framework for the MPA framework, this regulations contains a
transitional provision that enables the HPA/ACAT framework to continue to
apply to commenced matters.

DETAIL

Clause 1      Name of Regulation
This clause is a technical clause and sets out the name of the regulation as
the Health Practitioner Regulation National Law (ACT) (Transitional
Provisions) Regulation 2010 (the Regulation).


Clause 2      Commencement
This clause is a technical clause setting out when commencement of the
Regulation will occur. It is intended that commencement will occur on
commencement of Act C.


Clause 3      Legislation amended
For a period of two years following commencement of Act C, section 289(1) of
Act C will be amended to enable commenced matters to be dealt with by the
relevant:
    ·   law that existed before Act C; and
    ·   court, tribunal or other deciding body that had been dealing with the
        matter before Act C.


            Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au
                                                        3


For a period of two years following commencement of Act C, section 289(2)(b)
of Act C will be amended to recognise complaints and notifications
commenced but not completed before commencement of Act C about a
registered health professional or previously registered health professional
under current or former entities responsible for the registration of persons as
health practitioners.


Clause 4
This clause states that the regulation expires after 2 years when the
modification power expires.




            Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au