2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

Part 2.1 Administrative Decisions (Judicial Review) Act 1989 17

Part 2.2 Children and Young People Act 2008 17

Part 2.3 Civil Law (Wrongs) Act 2002 23

Part 2.4 Corrections Management Act 2007 23

Part 2.5 Crimes Act 1900 25

Part 2.6 Crimes (Forensic Procedures) Act 2000 26

Part 2.7 Health Act 1993 27

Part 2.8 Health Professionals Act 2004 32

Part 2.9 Health Professionals Regulation 2004 34

Part 2.10 Health Professionals (Special Events Exemptions) Act 2000 45

Part 2.11 Health Records (Privacy and Access) Act 1997 45

Part 2.12 Human Rights Commission Act 2005 46

Part 2.13 Legislation Act 2001 49

Part 2.14 Medicines, Poisons and Therapeutic Goods Act 2008 53

Part 2.15 Medicines, Poisons and Therapeutic Goods Regulation 2008 54

Part 2.16 Mental Health (Treatment and Care) Act 1994 62

Part 2.17 Public Health Act 1997 63

Part 2.18 Radiation Protection Act 2006 63

Part 2.19 Transplantation and Anatomy Act 1978 64

Part 2.20 Victims of Crime (Financial Assistance) Act 1983 66

Part 2.21 Victims of Crime Regulation 2000 66

Part 2.22 Workers Compensation Act 1951 68

Part 2.23 Workers Compensation Regulation 2002 69

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

An Act about health practitioner regulation, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Health Practitioner Regulation National Law (ACT) Act 2009.

(1) This Act commences on—

(a) 1 July 2010; or

(b) if, before 1 July 2010, the Minister fixes another day (not later than 1 July 2011) by written notice—the day fixed.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

(2) However, a date or time provided by a special commencement provision for an amendment made by this Act has effect as the commencement date or time of the amendment.

(3) In this section:

special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.

An amendment followed by ‘(commencement: 1 July 2012)’ means that the amendment commences on 1 July 2012.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4) The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Terms used in this Act and also in the Health Practitioner Regulation National Law (ACT) have the same meanings in this Act as they have in that Law.

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The Health Practitioner Regulation National Law, as in force from time to time, set out in the schedule to the Qld Act—

(a) applies as a territory law, as modified by schedule 1; and

(b) as so applying may be referred to as the Health Practitioner Regulation National Law (ACT); and

(c) so applies as if it were a part of this Act.

Note The Qld Act is accessible at www.legislation.qld.gov.au

In the Health Practitioner Regulation National Law (ACT):

magistrates court means the Magistrates Court.

the State means the Territory.

this jurisdiction means the ACT.

The ACAT is declared to be the responsible tribunal for this jurisdiction for the Health Practitioner Regulation National Law (ACT).

Note Responsible tribunal—see the Health Practitioner Regulation National Law (ACT), s 5.

The following territory laws do not apply to the Health Practitioner Regulation National Law (ACT) or to instruments made under that Law:

(a) the Annual Reports (Government Agencies) Act 2004;

(b) the Auditor-General Act 1996;

(c) the Criminal Code 2002;

(d) the Financial Management Act 1996;

(e) the Freedom of Information Act 1989;

(f) the Legislation Act 2001;

(g) the Ombudsman Act 1989;

(h) the Public Sector Management Act 1994.

Note The Health Practitioner Regulation National Law (ACT), s 198 provides that the provisions about appeals in the Law apply despite the ACT Civil and Administrative Tribunal Act 2008, but does not otherwise limit that Act.

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

This Act amends the legislation mentioned in schedule 2.

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.

(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

(1) This section applies if—

(a) a health profession board (the old board) under the Health Professionals Act 2004 as in force immediately before the commencement of this Act ceases, or has ceased, to exist on or immediately before the commencement of this Act; and

(b) some or all of the functions of the board become, or have become, functions of a national board under the Health Practitioner Regulation National Law (ACT).

(2) The old board is taken to continue to exist under the Health Professionals Act 2004, as in force immediately before the commencement of this Act—

(a) for the purpose of preparing the old board’s annual report for the financial year ending before the commencement of this Act; and

(b) for the time it takes to prepare the annual report.

(3) This section expires 6 months after the day this Act commences.

This part expires 2 years after the day it commences.

(1) In making a decision under this Act that relates to an individual’s criminal history, a National Board must consider—

(a) the individual’s criminal record; and

(b) the inherent requirements of the profession, division or recognised specialty, for which the individual is seeking registration; and

(c) whether or not there is a high degree of direct connection between the individual’s criminal record and the inherent requirements of the profession, division or recognised specialty.

(2) If guidelines have been made by the National Board for this section, the board must also consider the guidelines when making the decision.

(1) If a National Board receives a complaint, the board must, as soon as practicable after its receipt—

(4A) The action that may be taken in relation to a notification or complaint, or part of a notification or complaint, from most serious to least serious, is as follows:

(a) deal with the notification or complaint, or part, under part 8, division 7 (Immediate action);

(b) refer the notification or complaint, or part, to the responsible tribunal under part 8, division 12 (Referring matter to responsible tribunals);

(c) refer the notification or complaint, or part, to the health complaints entity to be considered under the Human Rights Commission Act 2005;

(d) investigate the notification or complaint, or part, under part 8, division 8 (Investigations);

(e) deal with the notification or complaint, or part, as a professional standards matter under part 8, division 11 (Panels);

(f) deal with the notification or complaint, or part, as a health matter under part 8, division 11 (Panels);

(g) take action under part 8, division 10 (Action by National Board);

(h) decide to take no further action in relation to the notification, complaint, or part, in accordance with section 151 (When National Board may decide to take no further action).

If an investigation, conciliation or other action taken by a health complaints entity

If an investigation or other action taken by a health complaints entity, other than a conciliation,

(5A) If a notification or complaint is referred to the health complaints entity for consideration under subsection (4A) (c), the health complaints entity must report the results of the consideration to the National Board as soon as practicable.

A National Board

Subject to section 150, a National Board

(2) The notice must advise the registered health practitioner or student of—

(a) the nature of the notification; and

(b) the powers that the board might exercise in relation to the notification; and

(c) the procedural rights that the health practitioner or student has under this Act.

(2A) If a National Board approves a form for the notice, the notice must be in the approved form.

A National Board

Subject to section 150, a National Board

(3) The National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.

(1) The National Board must consider the investigator’s report jointly with the health complaints entity and attempt to reach agreement on how the matter that is the subject of the report is to be dealt with.

(2) After consideration under subsection (1), the National Board must decide—

(3) However, if the National Board and the health complaints entity are not able to reach agreement on how the matter is to be dealt with, the decision of the board under subsection (2) must be to take the most serious action proposed by either the board or the health complaints entity.

(4) The actions that may be taken in relation to the matter, from most serious to least serious, are the actions set out in section 150 (4A).

(ca) the powers that the board might exercise in relation to the assessment; and

(cb) the procedural rights that the health practitioner or student has under this Act.

(3) If a National Board approves a form for the notice, the notice must be in the approved form.

The assessor must

(1) The assessor must

(2) If the report relates to a performance assessment, the National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.

(1) The National Board must consider the report and discussions held with the registered health practitioner or student under section 176 (3).

(2) If the assessor’s report relates to a performance assessment, the consideration must be joint consideration with the health complaints entity, and the National Board and health complaints entity must attempt to reach agreement on how the registered health practitioner or student is to be dealt with.

(3) After consideration, the National Board may decide to—

(4) If the report relates to a performance assessment and the National Board and the health complaints entity are not able to reach agreement on what to do in relation to the registered health practitioner or student, the decision of the board under subsection (3) must be to take the most serious action proposed by either the board or the health complaints entity.

(5) The actions that may be taken under subsection (4), from most serious to least serious, are the actions set out in section 150 (4A).

(1A) This section also applies if—

(a) on jointly considering a notification, complaint or other matter, the health complaints entity is satisfied on reasonable grounds that the National Board should take action under subsection (2) (a), (b) or (c) in relation to a registered health practitioner or student registered by the board; and

(b) the action proposed by the health complaints entity to be taken by the board is more serious than any other action proposed by the board to be taken.

(4) If this section applies in relation to a registered health practitioner or student registered by the board because of subsection (1A), the National Board must—

(a) jointly consider with the health complaints entity the action to be taken under subsection (2) (a), (b) or (c); and

(b) take the action agreed after joint consideration.

(3) The panel must also give a copy of the notice to the health complaints entity as soon as practicable.

(4) A panel must have regard to evidence given by the health complaints entity under section 186A.

At a hearing of a panel, the health complaints entity may—

(a) be represented; and

(b) give evidence about the consideration of a complaint or other matter by the health complaints entity; and

(c) be present at the hearing even if not giving evidence.

(3A) The National Board must also, within 30 days after the panel makes its decision, give the health complaints entity a copy of the notice given to the registered health practitioner or student.

(3) For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.

(4) However—

(a) the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—

(i) an offence against this schedule; or

(ii) an offence in relation to the falsity of the information, answer or document; and

(b) evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.

(3) For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.

(4) However—

(a) the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—

(i) an offence against this schedule; or

(ii) an offence in relation to the falsity of the information, answer or document; and

(b) evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.

(1) The chief executive may, orally or in writing, authorise a health practitioner (a non-treating health practitioner) or a health professional (a non-treating health professional) to exercise non-treating functions under the criminal matters chapters.

(b) it allows monitoring of, and communication with, the young detainee by the chief executive, health practitioners and health professionals (other than non-treating health practitioners and non-treating health professionals).

(a) seek the advice of a health practitioner (other than a non-treating health practitioner) about the action the chief executive should take under subsection (4); and

non-treating doctor means a doctor authorised under section 632 (Health practitioners and health professionals—non-treating functions).

non-treating health practitioner means a health practitioner authorised under section 632 (Health practitioners and health professionals—non-treating functions).

non-treating health professional means a health professional authorised under section 632 (Health practitioners and health professionals—non-treating functions).

non-treating nurse means a nurse authorised under section 632 (Health practitioners and health professionals—non-treating functions).

(1) An operating entity for a therapeutic protection place may, orally or in writing, authorise a health practitioner (a non-treating health practitioner) or a health professional (a non-treating health professional) to exercise non-treating functions under this chapter for children and young people at the therapeutic protection place.

Note Health practitioner includes a doctor and nurse registered under the Health Practitioner Regulation National Law (ACT).

(2) An operating entity must ensure, as far as practicable, that a child’s or young person’s treating health practitioner or health professional is not asked to exercise a function as a non-treating health practitioner or non-treating health professional under this chapter in relation to the child or young person.

(3) Subsection (2) does not apply if the operating entity believes on reasonable grounds that—

(a) there is an imminent and serious threat to the personal safety of the child or young person or someone else; and

(b) compliance with subsection (2) would exacerbate the threat.

(4) In this section:

treating health practitioner or health professional, in relation to a child or young person, means a health practitioner or health professional who has a professional relationship with the child or young person for the provision of health services.

• health practitioner

health professional means a health professional registered under the Health Professionals Act 2004.

health service—

(a) means a service provided to someone (the service user) for any of the following purposes:

(i) assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;

(ii) diagnosing or treating an illness, disability, disorder or condition of the service user; and

(b) includes a service provided by—

(i) a health practitioner in the practitioner’s capacity as a health practitioner; and

(ii) a health professional in the professional’s capacity as a health professional.

non-treating health practitioner—

(a) for the criminal matters chapters—see section 98; and

(b) for chapter 16 (Care and protection—therapeutic protection of children and young people)—see section 530.

paediatrician means a doctor who is registered under the Health Practitioner Regulation National Law (ACT) in the specialist area of paediatric medicine.

(3) In this section:

health service—

(a) means a service provided to someone (the service user) for any of the following purposes:

(i) assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;

(ii) diagnosing or treating an illness, disability, disorder or condition of the service user; and

(b) includes a service provided by a health practitioner in the practitioner’s capacity as a health practitioner.

(1) The chief executive must appoint a health practitioner to exercise non-therapeutic functions at each correctional centre.

Note Health practitioner includes a doctor and nurse registered under the Health Practitioner Regulation National Law (ACT).

(4) A blood sample under this section may only be taken by a health practitioner appointed under section 22 (Health practitioners—non-therapeutic functions).

(4) A health practitioner appointed under section 22 (Health practitioners—non-therapeutic functions) may administer a drug as a restraint, or direct the use of another form of restraint, if the health practitioner believes, on reasonable grounds, that is necessary and reasonable—

• health practitioner

health service—

(a) means a service provided to someone (the service user) for any of the following purposes:

(i) assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;

(ii) diagnosing or treating an illness, disability, disorder or condition of the service user; and

(b) includes a service provided by a health practitioner in the practitioner’s capacity as a health practitioner.

professional

practitioner

• health practitioner

health professional

health practitioner

• health practitioner

corrections health practitioner, for a correctional centre, means a health practitioner appointed under the Corrections Management Act 2007, section 22 (Health practitioners—non-therapeutic functions) for the centre.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘health facility—see section 6.’ means that the term ‘health facility’ is defined in that section.

health professional’s

health practitioner’s

health professional

health practitioner

health profession board

health board

health profession board

health board

(1) A person commits an offence if—

(a) the person intentionally provides a regulated health service; and

(b) the person is not a health practitioner.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

A person (Dr W) provides a medical service by a video link from an island in the south Pacific to Mary Smith in the ACT. Dr W advises Mary that she needs to have her tonsils removed. Dr W is not a health practitioner. Dr W contravenes this subsection.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) This section does not apply to—

(a) a health service provided in an emergency; or

(b) the provision, by mail order, or over the internet or by other electronic means, of manufactured aids to rehabilitation or surgical prosthetics and orthotics; or

(c) a health service ordinarily provided in the ordinary course of business by people other than health practitioners.

dental restorative or corrective devices

(3) In this section:

regulated health service means a health service ordinarily provided by a health practitioner.

In this part:

community pharmacy—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

A corporation is a complying pharmacy corporation if the corporation—

(a) has a constitution that provides that—

(i) the object of the corporation is to practise as a pharmacist; and

(ii) only an individual who is a pharmacist may be a director; and

(iii) a director cannot be a director of another incorporated pharmacist without the written consent of the board; and

(iv) all voting rights exercisable at a general meeting of the corporation are exercisable only by or on behalf of pharmacists who are directors or employees of the corporation; and

(v) a shareholder in the corporation must be either a pharmacist or a close relative of a shareholder; and

(b) has a constitution that ensures that each share in the corporation is beneficially owned by—

(i) a pharmacist who is a director or employee of the corporation; or

(ii) a close relative of a person mentioned in subparagraph (i); and

(c) for a corporation that is to practise pharmacy as a trustee—is only a party to a trust deed that relates to the corporation’s practice as a pharmacist if—

(i) the deed provides that all beneficiaries are to be pharmacists who are directors or employees of the corporation or close relatives of the pharmacists; and

(ii) the proposed trust deed has been approved in writing by the national board; and

(d) has a constitution that is appropriate to a corporation formed to practise as a pharmacist.

(1) To protect the public, premises where a pharmacist operates a community pharmacy must—

(a) be under the direct, personal control of a pharmacist; and

(b) have direct access, or through access, to the premises; and

(c) comply with standards approved under subsection (2).

(2) The Minister may approve standards about premises for community pharmacies for subsection (1) (c).

(3) An approved standard is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) A pharmacist must comply with any standard approved under this section.

(5) In this section:

through access, to premises, means access to the premises through the public area of a shopping centre, mall, plaza or health centre.

• health practitioner

• pharmacist

community pharmacy, for part 9 (Pharmacists and pharmacy premises)—see section 128.

health board means—

(a) a national board under the Health Practitioner Regulation National Law (ACT); or

(b) a health profession board under the Health Professionals Act 2004.

health profession

regulated

doctor

health professional

Note 2 If a complaint is referred to a health profession board by the Human Rights Commission, the board is not required to send out a notice under this section because report does not include complaint in this division (see dict, def report).

report means—

(a) a report under division 9.2; and

(b) except in division 9.2—includes a complaint made under the Human Rights Commission Act 2005 that is referred to a health profession board by the commission.

Note The Act and regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:

• under the Act, s 37 (1) (b), an applicant who is an individual must have a knowledge of written and spoken English that is adequate to allow the person to practise;

• under the Act, s 37 (1) (c), if an applicant is a corporation, each individual who will be providing health services on behalf of the corporation must have knowledge of written and spoken English that is adequate to allow the individual to practise in the profession on behalf of the corporation;

• under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act;

• under s 112, certain matters must be included in an application for registration;

• under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider:

(a) whether the person is mentally and physically well enough to practise;

(b) whether the person has communication skills that allow the person to practise effectively without endangering patients;

(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person’s ability to practise;

(d) whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise;

(e) whether the person’s experience is recent and sufficient to allow the person to practise.

In this schedule:

board means the ACT Dental Technicians Board.

dental prosthetic appliance includes the following:

(a) flexible, removable mouthguards for use by people engaged in sporting activities;

(b) removable full and partial dentures;

(c) immediate dentures;

(d) removable implant-retained overdentures;

(e) removable treatment dentures over healing caps;

(f) restorative or corrective dental appliances.

dental technical work involves making, altering, repairing or maintaining dental prosthetic appliances under a prescription from a dentist or dental prosthetist.

shade-taking for dental prosthetic appliances

Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

dental technician means a person who is registered as a dental technician under this schedule.

dentist means an individual registered under the Health Practitioner Regulation National Law (ACT) to practise the health profession of dentist (other than as a student).

regulatory authority means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate the dental technician professions in the jurisdiction or place.

Note A local jurisdiction is a State or New Zealand (see Act, dict).

(1) The practice of a dental technician involves the performance of dental technical work.

(2) The practice of a dental technician also includes the following:

(a) giving advice about dental technical issues to other dental professionals;

(b) conducting dental technical research;

(c) educating and training people in the dental technical profession.

(3) To remove any doubt, a person also practises as a dental technician if the person does dental technical work as part of a business.

(1) To practise as a dental technician, an individual—

(a) must be a graduate of a course of education in dental technical work offered in the ACT or a local jurisdiction that is accredited by CORA or approved by the board or the regulatory authority of a local jurisdiction; or

Note Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.

(b) must have—

(i) completed a course of education or training in dental technical work outside Australia that is accredited by CORA or approved by the board or the regulatory authority of a local jurisdiction; and

(ii) passed an examination in dental technical work that is accredited by CORA or approved by the board or the regulatory authority of a local jurisdiction.

(2) In this section:

CORA means the Council of Regulating Authorities for Dental Technicians and Dental Prosthetists.

To practise as a dental technician, a corporation must—

(a) have the board’s written approval to carry on business as a dental technician; and

(b) have a constitution that provides that—

(i) the corporation may carry on business as a dental technician; and

(ii) the chair of the corporation must be a dental technician; and

(iii) if there are more than 2 directors—a majority of the directors must be dental technicians; and

(iv) at least 50% of shares in the corporation must be held by 1 or more dental technicians; and

(v) the chair of the corporation has the casting vote in relation to resolutions to be voted on at a general meeting of the corporation.

(1) To demonstrate adequate professional development at the time of application for registration as an individual dental technician, the applicant must, if required by the board, give the board written evidence that—

(a) the applicant attended and satisfactorily completed a training program approved by the board; or

(b) the applicant has undertaken professional development activities; or

(c) otherwise demonstrates professional development the board considers adequate.

(2) To demonstrate continuing competence at the time of application for registration as a dental technician, the applicant must, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.

(3) To demonstrate recency of practice at the time of application for registration as a dental technician, the applicant must, if required by the board, give the board written evidence—

(a) that the applicant has practised as a dental technician within the 5 years before the day the application is made; or

(b) that the applicant attended and satisfactorily completed a training course approved by the board; or

(c) that otherwise demonstrates recency of practice the board considers adequate.

(4) In this section:

professional development activity—an activity is a professional development activity if it complies with a standard about professional development for dental technicians developed or endorsed under section 131.

Note 1 Register, a person, includes renew the person’s registration (see Act, dict).

Note 2 For application requirements, see s 112.

The board is made up of—

(a) the president; and

(b) 6 appointed members, 1 of whom is a community representative.

(1) A dental technician must maintain a policy of product liability insurance at a level approved by the board.

(2) However, subsection (1) does not apply to a dental technician if the dental technician—

(a) is covered by product liability insurance (the other insurance) other than insurance maintained by the dental technician; and

(b) only practises as a dental technician while covered by the other insurance.

(1) The board may register an individual as a dental technician if satisfied that the individual—

(a) is a graduate of a course of education or training in dental technical work that is not approved under section 8.3 (1) (Qualifications as suitability to practise as individual dental technician—Act, s 23 (a)); and

(b) needs to be registered to do 1 or both of the following:

(i) undertake further education or training approved by the board to achieve the standard required of dental technicians in the ACT;

(ii) undergo a period of practice as a dental technician under the supervision of a dental technician to allow the individual to become registered in the ACT.

(2) Registration in accordance with this section is subject to the condition that the individual only practises dental technical work—

(a) under the supervision of a dental technician whose registration entitles the dental technician to practise dental technical work without supervision; and

(b) if the individual needs to undertake further education—as part of the education.

(3) The board may impose any other condition on the registration of the individual that it considers appropriate.

(1) This section applies if—

(a) an individual has applied for registration as a dental technician; and

(b) the individual needs to be registered to take up a teaching or research position.

(2) The board may register the individual if—

(a) the board is satisfied that the individual has qualifications the board considers appropriate for the position the individual intends to take up; and

(b) the individual provides a letter of offer from the individual’s prospective employer stating the conditions of employment and giving the name of the individual’s proposed supervisor.

(3) The board may impose any condition on the registration of the individual that it considers appropriate.

(1) This section applies if—

(a) a person has applied for registration as a dental technician; and

(b) the board is satisfied that the person does not intend to practise as a dental technician, whether or not because the person is retired.

(2) The board may register the person on condition that the person must not practise as a dental technician.

This schedule does not limit when a dental technician may be conditionally registered or the conditions that may be imposed on registration.

The registration end date for a certificate of registration is 1 September following registration.

Health Professionals Act 2004,

the Health Practitioner Regulation National Law (ACT),

, the Health Practitioner Regulation National Law (ACT)

(b) if the nominated health service provider is registered with the registration board established for the medical profession (other than as a student) and has the ability to understand and interpret the health record; or

registration board means—

(a) a national board under the Health Practitioner Regulation National Law (ACT); or

(b) a health profession board under the Health Professionals Act 2004.

health professional

or health practitioner

• Health Practitioner Regulation National Law (ACT)

Note See, for example, the Health Practitioner Regulation National Law (ACT), s 150 (Relationship with health complaints entity).

Health Practitioner Regulation National Law (ACT) or

Note If the health services commissioner receives a complaint about a health practitioner, the commissioner must tell the national board for the practitioner’s health profession about the complaint. The national board and commissioner must try to reach agreement about how the complaint is to be dealt with (see Health Practitioner Regulation National Law (ACT), s 150).

(iii) is to be referred to another statutory officer-holder or dealt with by a national board under the Health Practitioner Regulation National Law (ACT); or

Note If the health services commissioner receives a complaint about a health practitioner, the commissioner must tell the national board for the practitioner’s health profession about the complaint. The national board and commissioner must try to reach agreement about how the complaint is to be dealt with (see Health Practitioner Regulation National Law (ACT), s 150).

(e) the complaint has been referred to a national board under the Health Practitioner Regulation National Law (ACT) or to a health profession board; or

(c) if the complaint was referred to the commission by a national board under the Health Practitioner Regulation National Law (ACT)—to the national board.

(1) This section applies if—

(a) the commission receives a complaint about a registered health professional; or

(b) as part of a complaint about a health service, the commission considers a registered health professional’s behaviour.

this Act

and the Health Practitioner Regulation National Law (ACT)

• health practitioner

dental prosthetist—

(a) means a person registered under the Health Practitioner Regulation National Law (ACT) to practise the health profession of dental prosthetist (other than as a student); and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.

dentist—

(a) means a person registered under the Health Practitioner Regulation National Law (ACT) to practise the health profession of dentist (other than as a student); and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.

doctor—

(a) means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the medical profession (other than as a student); and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.

enrolled nurse—

(a) means a person registered under the Health Practitioner Regulation National Law (ACT)—

(i) to practise in the nursing and midwifery profession (other than as a student); and

(ii) in the enrolled nurses (division 2) division; and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.

health practitioner means a person registered under the Health Practitioner Regulation National Law (ACT) to practise a health profession (other than as a student).

Health Practitioner Regulation National Law (ACT) means the provisions applying because of the Health Practitioner Regulation National Law (ACT) Act 2009, section 6 (Application of Health Practitioner Regulation National Law).

midwife—

(a) means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.

nurse—

(a) means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the nursing and midwifery profession as a nurse (other than as a student); and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration; and

(c) does not include an enrolled nurse.

nurse practitioner—

(a) means a person whose registration as a registered health practitioner under the Health Practitioner Regulation National Law (ACT) is endorsed as being qualified to practise as a nurse practitioner; and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.

optometrist—

(a) means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the optometry profession (other than as a student); and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.

(a) means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the pharmacy profession (other than as a student); and

(b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.

health professionals

or health practitioners

health professional

or a health practitioner

(2) To remove any doubt, this part does not limit the power of anyone exercising a function under this Act to—

(a) make a notification under the Health Practitioner Regulation National Law (ACT) about a health practitioner; or

(b) make a report under the Health Professionals Act 2004, part 9.2 about a health professional.

(c) if the relevant person is a health practitioner—the relevant national board for the person under the Health Practitioner Regulation National Law (ACT).

(f) to a national board under the Health Practitioner Regulation National Law (ACT) or a health profession board under the Health Professionals Act 2004; or

• health practitioner

1 a health practitioner’s authorisation is subject to any condition or restriction to which the health practitioner is subject to under the Health Practitioner Regulation National Law (ACT) (see s 20)

(1) A health practitioner’s authorisation under the Act to deal with a medicine is subject to any condition or other restriction to which the health practitioner is subject under the Health Practitioner Regulation National Law (ACT).

Section 31 places conditions on the prescribing of medicines by a health practitioner authorised to prescribe the medicines. If a particular health practitioner’s registration under the Health Practitioner Regulation National Law (ACT) is subject to the condition or restriction that the person may not prescribe certain medicines, the health practitioner’s authorisation under the Medicines, Poisons and Therapeutic Goods Act 2008 to prescribe medicines is also subject to that condition or restriction.

Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) A health professional’s authorisation under the Act to deal with a medicine is subject to any condition or other restriction to which the health professional is subject under the Health Professionals Act 2004.

A health professional’s authorisation under the Act to deal with a medicine is subject to any condition or other restriction to which the health professional is subject under the Health Professionals Act 2004.

(2) However, a pharmacist is not authorised under schedule 1 to supply a medicine if—

(a) the pharmacist is working for, or providing services to, a corporation when supplying the medicine; and

(b) the corporation is not—

(i) a pharmacist; or

(ii) a complying pharmacy corporation under the Health Act 1993, part 9 (Pharmacists and pharmacy premises).

authorised prescriber, in relation to a prescription, means—

(a) for a medicine other than a controlled medicine—a person who is authorised to issue the prescription under the Act or another territory law; and

(b) for a controlled medicine—a person who is authorised to issue the prescription under part 13.1 (Controlled medicines approvals).

(1) This section applies to an adult (the delivery person), other than a health practitioner, or health professional, at an institution, who is—

Note For health practitioners and health professionals at institutions, see sch 1, pt 1.4.

1 a hospital employee who is not a health practitioner or health professional

(1) In this section:

health practitioner does not include—

(a) a pharmacist, or intern pharmacist, at a hospital; or

(b) a prescriber who supplies a medicine during a consultation.

health professional does not include a prescriber who supplies a medicine during a consultation.

supply does not include dispense.

(2) A health practitioner, health professional or employee acting under the direction of a health practitioner or professional, must supply a pharmacy medicine or pharmacist only medicine in a whole manufacturer’s pack of the medicine.

under Health Professionals Regulation 2004, sch 11

issued by Optometry Board of Australia

shared care model

endorsed by the Optometry Board of Australia

• enrolled nurse

• health practitioner

enrolled nurse (medications) means an enrolled nurse whose registration is endorsed under the Health Practitioner Regulation National Law (ACT), section 94 (Endorsement for scheduled medicines).

health profession means—

(a) a health profession under the Health Practitioner Regulation National Law (ACT), section 5 (Definitions); and

(b) includes a health profession under the Health Professionals Act 2004, dictionary.

intern, in relation to a doctor or pharmacist, means—

(a) for a doctor—a person holding limited or provisional registration to practise in the medical profession under the Health Practitioner Regulation National Law (ACT), for the purpose of undertaking a period of supervised practice that the person has started; and

(b) for a pharmacist—a person holding limited or provisional registration to practise in the pharmacy profession under the Health Practitioner Regulation National Law (ACT), for the purpose of undertaking a period of supervised practice or course of training, or both, to allow the person to be registered to practice without supervision.

specialist means—

(a) a person holding specialist registration to practise in the medical profession under the Health Practitioner Regulation National Law (ACT); or

(b) a person holding limited or provisional registration to practise in the medical profession under the Health Practitioner Regulation National Law (ACT), for the purpose of undertaking a period of supervised practice under the supervision of a person mentioned in paragraph (a), the successful completion of which means that the person is eligible for specialist registration under that Law.

specialist area, for a health profession, means—

(a) a recognised speciality under the Health Practitioner Regulation National Law (ACT); or

(b) a specialist area under the Health Professionals Regulation 2004.

trainee, in relation to a health practitioner (other than a doctor or pharmacist) means a person holding limited or provisional registration to practise in a health profession under the Health Practitioner Regulation National Law (ACT), for the purpose of undertaking a period of supervised practice or course of training, or both, to allow the person to be registered to practice without supervision.

mental health nurse

nurse

occupational therapist means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the occupational therapy profession (other than as a student).

(commencement: 1 July 2012)

• nurse

psychiatrist means a doctor who is registered under the Health Practitioner Regulation National Law (ACT) in the specialist area of psychiatry.

(4) If a doctor or authorised nurse practitioner fails to comply with subsection (1) in relation to a patient—

(a) the failure is taken to be unprofessional conduct for the Health Practitioner Regulation National Law (ACT); and

(b) the patient may make a voluntary notification about the failure to the national agency under the Health Practitioner Regulation National Law (ACT).

(a) a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the psychology profession (other than as a student); or

(b) 1 member who is a doctor registered under the Health Practitioner Regulation National Law (ACT) in the specialist area of radiology; and

(c) to—

(i) a national board under the Health Practitioner Regulation National Law (ACT); or

(ii) a health profession board under the Health Professionals Act 2004; or

(iii) to a nurse or enrolled nurse employed at that hospital; and

(iii) a nurse or enrolled nurse employed at that hospital; and

• doctor

• enrolled nurse

(1) If the Territory is a party to an application by a primary victim or a person responsible for the maintenance of a primary victim, it may require the primary victim to undergo examination by a health practitioner chosen by the victim from a list of health practitioners approved by the Minister as having suitable expertise for examining and treating injuries of the type allegedly suffered by the victim.

• health practitioner

(b) if the service to be provided is a health practitioners service—the person is an appropriately qualified health practitioner; and

(d) for an approved service provider who provides a health practitioners service—the provider has ceased to be registered as a health practitioner.

• health practitioner

health practitioner member—see section 8 (1) (e) (Appointed members of board).

health practitioners service—

(a) means a health service ordinarily provided by a health practitioner; but

(b) does not include a health service ordinarily provided in the ordinary course of business by people other than health practitioners.

psychologist means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the psychology profession (other than as a student).

chiropractor means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the chiropractic profession (other than as a student).

osteopath means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the osteopathy profession (other than as a student).

physiotherapist means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the physiotherapy profession (other than as a student).

(2A) However, before 1 July 2012, a person is qualified to provide occupational therapy only if the person is eligible for membership of the Australian Association of Occupational Therapists.

(2B) Subsection (2A) and this subsection expire on 1 July 2010.

registration in the health profession of occupational therapy under the Health Practitioner Regulation National Law (ACT)

registration in the health profession of physiotherapy under the Health Practitioner Regulation National Law (ACT)

registration in the health profession of psychology under the Health Practitioner Regulation National Law (ACT)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• ACAT

• Magistrates Court

• Minister

• pharmacist

• territory law.

Health Practitioner Regulation National Law (ACT) means the provisions applying in this jurisdiction because of section 6.

Qld Act means the Health Practitioner Regulation National Law Act 2009 (Qld).

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.