Western Australian Current Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
HEALTH PRACTITIONER REGULATION NATIONAL LAW (WESTERN AUSTRALIA)
TABLE OF PROVISIONS
PART 1 -- Preliminary
1 Short title
2 Commencement
3 Objectives
3A Guiding principles
4 How functions to be exercised
5 Definitions
6 Interpretation generally
7 Single national entity
8 Extraterritorial operation of Law
9 Trans-Tasman mutual recognition principle
10 Law binds the State
PART 2 -- Ministerial Council
11 Policy directions
12 Approval of registration standards
13 Approvals in relation to specialist registration
14 Approval of endorsement in relation to scheduled medicines
15 Approval of areas of practice for purposes of endorsement
16 How Ministerial Council exercises functions
17 Notification and publication of directions and approvals
PART 4 -- Australian Health Practitioner Regulation Agency
Division 1 -- National Agency
23 National Agency
24 General powers of National Agency
25 Functions of National Agency
26 Health profession agreements
27 Co-operation with participating jurisdictions and Commonwealth
28 Office of National Agency
Division 2 -- Agency Board
29 Agency Board
30 Functions of Agency Board
PART 5 -- National Boards
Division 1 -- National Boards
31 Regulations must provide for National Boards
31A Status of National Board
32 Powers of National Board
33 Membership of National Boards
34 Eligibility for appointment
Division 2 -- Functions of National Boards
35 Functions of National Boards
36 State and Territory Boards
37 Delegation of functions
Division 3 -- Registration standards and codes and guidelines
38 National board must develop registration standards
39 Codes and guidelines
40 Consultation about registration standards, codes and guidelines
41 Use of registration standards, codes or guidelines in disciplinary proceedings
PART 6 -- Accreditation
Division 1 -- Preliminary
42 Definition
Division 2 -- Accreditation authorities
43 Accreditation authority to be decided
44 National Agency may enter into contracts with external accreditation entities
45 Accreditation processes to be published
Division 3 -- Accreditation functions
46 Development of accreditation standards
47 Approval of accreditation standards
48 Accreditation of programs of study
49 Approval of accredited programs of study
50 Accreditation authority to monitor approved programs of study
51 Changes to approval of program of study
PART 7 -- Registration of health practitioners
Division 1 -- General registration
52 Eligibility for general registration
53 Qualifications for general registration
54 Examination or assessment for general registration
55 Unsuitability to hold general registration
56 Period of general registration
Division 2 -- Specialist registration
57 Eligibility for specialist registration
58 Qualifications for specialist registration
59 Examination or assessment for specialist registration
60 Unsuitability to hold specialist registration
61 Period of specialist registration
Division 3 -- Provisional registration
62 Eligibility for provisional registration
63 Unsuitability to hold provisional registration
64 Period of provisional registration
Division 4 -- Limited registration
65 Eligibility for limited registration
66 Limited registration for postgraduate training or supervised practice
67 Limited registration for area of need
68 Limited registration in public interest
69 Limited registration for teaching or research
70 Unsuitability to hold limited registration
71 Limited registration not to be held for more than one purpose
72 Period of limited registration
Division 5 -- Non-practising registration
73 Eligibility for non-practising registration
74 Unsuitability to hold non-practising registration
75 Registered health practitioner who holds non-practising registration must not practise the profession
76 Period of non-practising registration
Division 6 -- Application for registration
77 Application for registration
78 Power to check applicant’s proof of identity
79 Power to check applicant’s criminal history
80 Boards’ other powers before deciding application for registration
81 Applicant may make submissions about proposed refusal of application or imposition of condition
82 Decision about application
83 Conditions of registration
83A Undertakings at registration
84 Notice to be given to applicant
85 Failure to decide application
Division 6A -- Withdrawal of registration
85A Power to withdraw registration
85B Registered health practitioner may make submissions about proposed withdrawal of registration
85C Decision about withdrawal of registration
85D Notice to be given to registered health practitioner
85E When decision takes effect
Division 7 -- Student registration
Subdivision 1 -- Persons undertaking approved programs of study
86 Definitions
87 National Board must register persons undertaking approved program of study
88 National Board may ask education provider for list of persons undertaking approved program of study
89 Registration of students
90 Period of student registration
Subdivision 2 -- Other persons to be registered as students
91 Education provider to provide lists of persons
Subdivision 3 -- General provisions applicable to students
92 Notice to be given if student registration suspended or condition imposed
93 Report to National Board of cessation of status as student
Division 8 -- Endorsement of registration
Subdivision 1 -- Endorsement in relation to scheduled medicines
94 Endorsement for scheduled medicines
Subdivision 2 -- Endorsement in relation to nurse practitioners
95 Endorsement as nurse practitioner
Subdivision 4 -- Endorsement in relation to acupuncture
97 Endorsement for acupuncture
Subdivision 5 -- Endorsements in relation to approved areas of practice
98 Endorsement for approved area of practice
Subdivision 6 -- Application for endorsement
99 Application for endorsement
100 Boards’ other powers before deciding application for endorsement
101 Applicant may make submissions about proposed refusal of application or imposition of condition
102 Decision about application
103 Conditions of endorsement
103A Undertakings at endorsement
104 Notice of decision to be given to applicant
105 Period of endorsement
106 Failure to decide application for endorsement
Division 9 -- Renewal of registration
Subdivision 1 -- Renewal of registration of registered health practitioner
107 Application for renewal of registration or endorsement
108 Registration taken to continue in force
109 Annual statement
110 National Board’s powers before making decision
111 Applicant may make submissions about proposed refusal of application for renewal or imposition of condition
112 Decision about application for renewal
Subdivision 2 -- Renewal of registration after suspension period
112A Application of Subdivision
112B Application for renewal of registration
112C End of registration
112D Sections 109 to 112 apply to application for renewal under this Subdivision
Division 10 -- Title and practice protections
Subdivision 1 -- Title protections
113 Restriction on use of protected titles
114 Use of title “acupuncturist”
115 Restriction on use of specialist titles
115A Claims by persons as to membership of surgical class
116 Claims by persons as to registration as health practitioner
117 Claims by persons as to registration in particular profession or division
118 Claims by persons as to specialist registration
119 Claims about type of registration or registration in recognised specialty
120 Registered health practitioner registered on conditions
Subdivision 2 -- Practice protections
121 Restricted dental acts
122 Restriction on prescription of optical appliances
123 Restriction on spinal manipulation
123A. Restricted birthing practices
Division 11 -- Miscellaneous
Subdivision 1 -- Certificates of registration
124 Issue of certificate of registration
Subdivision 2 -- Review of conditions and undertakings
125 Changing or removing conditions or undertaking on application by registered health practitioner or student
126 Changing conditions on Board’s initiative
127 Removal of condition or revocation of undertaking
127A When matters under this subdivision may be decided by review body of a co-regulatory jurisdiction
Subdivision 3 -- Obligations of registered health practitioners and students
128 Continuing professional development
129 Professional indemnity insurance arrangements
130 Registered health practitioner or student to give National Board notice of certain events
131 Change in principal place of practice, address or name
131A Nomination of an alternative name
131B Use of names
132 National Board may ask registered health practitioner for practice information
Subdivision 4 -- Advertising
133 Advertising
Subdivision 5 -- Board’s powers to check identity and criminal history
134 Evidence of identity
135 Criminal history check
Subdivision 6 -- General
136 Directing or inciting unprofessional conduct or professional misconduct
137 Surrender of registration
PART 8 -- Health, performance and conduct
Division 1 -- Preliminary
138 Application of PART to persons who are registered health practitioners
139 Proceedings in relation to practitioner’s behaviour while temporarily unregistered
139A Application of Part to persons who were registered health practitioners
139B Application of Part to persons who were registered under corresponding prior Act
Division 2 -- Mandatory notifications
140 Definition of notifiable conduct
141 Mandatory notifications by health practitioners
142 Mandatory notifications by employers
143 Mandatory notifications by education providers
Division 3 -- Voluntary notifications
144 Grounds for voluntary notification
145 Who may make voluntary notification
Division 4 -- Making a notification
146 How notification is made
147 National Agency to provide reasonable assistance to notifier
Division 5 -- Preliminary assessment
148 Referral of notification to National Board or co-regulatory authority
149 Preliminary assessment
149A Power to require information
149B Inspection of documents
150 Relationship with health complaints entity
150A Referral to other entities
151 When National Board may decide to take no further action
152 National Board to give notice of receipt of notification
Division 6 -- Other matters
153 National Board may deal with notifications about same person together
154 National Boards may deal with notifications collaboratively
Division 7 -- Immediate action
155 Definition
156 Power to take immediate action
157 Show cause process
158 Notice to be given to registered health practitioner or student about immediate action
159 Period of immediate action
159A Board may give information to notifier about immediate action
Division 7A -- Interim prohibition orders
159B Definition
159C Issuing of interim prohibition order
159D Show cause process for interim prohibition orders
159E Decision to take urgent action to issue interim prohibition order
159F Duration of interim prohibition order
159G Revocation or variation of interim prohibition order
159H Extension of interim prohibition order by regulatory body
159I Regulatory body may give information to notifier about interim prohibition order
159J Application for extension of interim prohibition order by regulatory body
159K Decision about extension of interim prohibition order
159L Revocation of extended or substituted interim prohibition order by responsible tribunal
159M Variation of interim prohibition order by responsible tribunal
159N Publication of information about interim prohibition orders
159O Offences relating to interim prohibition orders
Division 7B -- Public statements
159P Definition
159Q Making of public statement
159R Show cause process for public statement
159S Revision of public statement by regulatory body
159T Revocation of public statement
Division 8 -- Investigations
Subdivision 1 -- Preliminary
160 When investigation may be conducted
161 Registered health practitioner or student to be given notice of investigation
162 Investigation to be conducted in timely way
Subdivision 2 -- Investigators
163 Appointment of investigators
164 Identity card
165 Display of identity card
Subdivision 3 -- Procedure after investigation
166 Investigator’s report about investigation
167 Decision by National Board
167A Board may give information to notifier about result of investigation
Division 9 -- Health and performance assessments
168 Definition
169 Requirement for health assessment
170 Requirement for performance assessment
171 Appointment of assessor to carry out assessment
172 Notice to be given to registered health practitioner or student about assessment
173 Assessor may require information or attendance
174 Inspection of documents
175 Report from assessor
176 Copy of report to be given to health practitioner or student
177 Decision by National Board
177A Board may give information to notifier about decision following assessor’s report
Division 10 -- Action by National Board
178 National Board may take action
179 Show cause process
180 Notice to be given to health practitioner or student and notifier
Division 11 -- Panels
181 Establishment of health panel
182 Establishment of performance and professional standards panel
183 List of approved persons for appointment to panels
184 Notice to be given to registered health practitioner or student
185 Procedure of panel
186 Legal representation
187 Submission by notifier
188 Panel may proceed in absence of registered health practitioner or student
189 Hearing not open to the public
190 Referral to responsible tribunal or National Board
191 Decision of panel
191A Decision of panel after reconsideration of suspension
191B Change of reconsideration date for suspension of registration
192 Notice to be given about panel’s decision
Division 12 -- Referring matter to responsible tribunals
193 Matters to be referred to responsible tribunal
193A National Boards may decide not to refer certain matters
194 Parties to the proceedings
195 Costs
196 Decision by responsible tribunal about registered health practitioner
196A Offences relating to prohibition orders
197 Decision by responsible tribunal about student
198 Relationship with Act establishing responsible tribunal
Division 13 -- Appeals
199 Appellable decisions
200 Parties to the proceedings
201 Costs
202 Decision
203 Relationship with Act establishing responsible tribunal
Division 14 -- Miscellaneous
204 Notice from adjudication body
205 Implementation of decisions
206 National Board to give notice to registered health practitioner’s employer and other entities
207 Effect of suspension
PART 9 -- Finance
208 Australian Health Practitioner Regulation Agency Fund
209 Payments into Agency Fund
210 Payments out of Agency Fund
211 Investment of money in Agency Fund
212 Financial management duties of National Agency and National Boards
PART 10 -- Information and privacy
Division 1A -- Australian Information Commissioner
212A Application of Commonwealth AIC Act
Division 1 -- Privacy
213 Application of Commonwealth Privacy Act
Division 2 -- Disclosure of information and confidentiality
214 Definition
215 Application of Commonwealth FOI Act
216 Duty of confidentiality
217 Disclosure of information for workforce planning
218 Disclosure of information for information management and communication purposes
219 Disclosure of information to other Commonwealth, State and Territory entities
220 Disclosure to protect health or safety of patients or other persons
220A Disclosure of information about registered health practitioners to protect health or safety of persons
220B Disclosure of information about unregistered persons to protect health or safety of persons
221 Disclosure to registration authorities
Division 3 -- Registers in relation to registered health practitioner
222 Public national registers
223 Specialists Registers
224 Way registers are to be kept
225 Information to be recorded in National Register or Specialists Register
226 National Board may decide not to include or to remove certain information in register
227 Register about former registered health practitioners
228 Inspection of registers
Division 4 -- Student registers
229 Student registers
230 Information to be recorded in student register
Division 5 -- Other records
231 Other records to be kept by National Boards
232 Record of adjudication decisions to be kept and made publicly available
Division 6 -- Unique identifier
233 Unique identifier to be given to each registered health practitioner
PART 11 -- Miscellaneous
Division 1 -- Provisions relating to persons exercising functions under Law
234 General duties of persons exercising functions under this Law
235 Application of Commonwealth Ombudsman Act
236 Protection from personal liability for persons exercising functions
237 Protection from liability for persons making notification or otherwise providing information
Division 2 -- Inspectors
238 Functions and powers of inspectors
239 Appointment of inspectors
240 Identity card
241 Display of identity card
Division 3 -- Legal proceedings
242. Proceedings for offences
243 Conduct may constitute offence and be subject of disciplinary proceedings
244 Evidentiary certificates
Division 4 -- Regulations
245 National regulations
Division 5 -- Miscellaneous
248 Combined notice may be given
249 Fees
PART 12 -- Transitional provisions
Division 1 -- Preliminary
250 Definitions
251 References to registered health practitioners
Division 2 -- Ministerial Council
252 Directions given by Ministerial council
253 Accreditation functions exercised by existing accreditation entities
254 Health profession standards approved by Ministerial Council
255 Accreditation standards approved by National Board
Division 3 -- Advisory Council
256 Members of Advisory Council
Division 4 -- National Agency
257 Health profession agreements
258 Service agreement
Division 5 -- Agency Management Committee
259 Members of Agency Management Committee
Division 6 -- Staff, consultants and contractors of National Agency
260 Chief executive officer
261 Staff
262 Consultants and contractors
Division 7 -- Reports
263 Annual report
Division 8 -- National Boards
264 Members of National Boards
265 Committees
266 Delegation
Division 9 -- Agency Fund
267 Agency Fund
Division 10 -- Offences
268 Offences
Division 11 -- Registration
269 General registration
270 Specialist registration
271 Provisional registration
272 Limited registration
273 Limited registration (public interest-occasional practice)
274 Non-practising registration
275 Registration for existing registered students
276 Registration for new students
277 Other registrations
278 Endorsements
279 Conditions imposed on registration or endorsement
280 Expiry of registration and endorsement
281 Protected titles for certain specialist health practitioners
282 First renewal of registration or endorsement
283 Programs of study
284 Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery
Division 12 -- Applications for registration and endorsement
285 Applications for registration
286 Applications for endorsement
287 Disqualifications and conditions relevant to applications for registration
Division 13 -- Complaints, notifications and disciplinary proceedings
288 Complaints and notifications made but not being dealt with on participation day
289 Complaints and notifications being dealt with on participation day
290 Effect of suspension
291 Undertakings and other agreements
292 Orders
293 List of approved persons
Division 14 -- Local registration authority
294 Definition
295 Assets and liabilities
296 Records relating to registration and accreditation
297 Financial and administrative records
298 Pharmacy businesses and premises
299 Members of local registration authority
Division 15 -- Staged commencement for certain health professions
300 Application of Law to relevant health profession between commencement and 1 July 2012
301 Ministerial Council may appoint external accreditation entity
302 Application of Law to appointment of first National Board for relevant professions
303 Qualifications for general registration in relevant profession
304 Relationship with other provisions of Law
PART 13 -- Transitional and other provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017
Division 1 -- Paramedicine Board and registration of paramedics
306 Definitions
307 Establishment of Paramedicine Board
308 Powers and functions of Paramedicine Board
309 Paramedicine Board taken to be a National Board for stated matters
310 CAA accredited programs of study
311 Qualifications for general registration in paramedicine for a limited period
312 Accepted qualification for general registration in paramedicine
313 Provisions that apply to student registration for Diploma of Paramedical Science
314 Applications for registration in paramedicine and period of registration
315 Applications for registration in paramedicine made but not decided before participation day
316 Period after participation day during which an individual does not commit an offence under ss 113 and
317 Application of ss 113 and 116 to individual temporarily practising paramedicine in another jurisdiction
Division 2 -- Other transitional provisions
318 Deciding review period for decision on application made under section 125 before commencement
319 Deciding review period for decision after notice given under section 126 before commencement
320 Membership of continued National Boards
321 Offences relating to prohibition orders made before commencement
322 Register to include prohibition orders made before commencement
323 Public national registers
PART 14 -- Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022
324 Renaming of Agency Management Committee
325 Saving of endorsement of midwife practitioner
PART 15 -- Transitional provision for Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023
326 Application of ss 196A, 222, 223 and 227 to particular prohibition orders
SCHEDULE 2 -- Agency Board
SCHEDULE 3 -- National Agency
SCHEDULE 4 -- National Boards
SCHEDULE 5 -- Investigators
SCHEDULE 6 -- Inspectors
SCHEDULE 7 -- Miscellaneous provisions relating to interpretation
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback