Australian Capital Territory Consolidated Acts

HEALTH PROFESSIONALS ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTORY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

   PART 2--WHAT DOES THIS ACT DO?

   6.      Outlines  
   7.      Regulation of health professionals  
   8.      How does a health professional's behaviour come to a health profession  
   9.      Reports  
   10.     Personal assessment panel  
   11.     Professional standards panel  
   12.     Interaction with Human Rights Commission Act  

   PART 3--MAIN OBJECT AND IMPORTANT CONCEPTS

   13.     Main object  
   14.     Who is a health professional?  
   15.     What is a health service?  
   16.     What is a regulated health service?  
   17.     When is someone a registered health professional?  
   18.     What is the required standard of practice?  
   19.     What is the relevant health profession board?  

   PART 4--REGULATION OF HEALTH PROFESSIONS

   20.     Decision to regulate health profession  
   21.     Deciding whether regulation necessary or desirable  
   22.     How may the regulations regulate health professions?  
   23.     Suitability to practise requirements  

   PART 5--HEALTH PROFESSION BOARDS

           Division 5.1--Establishment and functions of boards

   24.     Establishment of health profession boards  
   25.     Number of health profession boards  
   26.     What do health profession boards do?  
   27.     Obligation to exercise functions diligently  
   28.     Reporting on exercise of functions  
   29.     Failure by health profession board to exercise functions diligently  
   30.     Discharging health profession board  
   31.     Effect of discharge—interim board  

           Division 5.2--Status and powers of health profession board

   32.     Legal status of health profession board  
   33.     Banking and investment of money of board  
   34.     Prohibition on business  
   35.     Borrowing powers  
   36.     Community representative list  

   PART 6--REGULATION OF HEALTH PROFESSIONALS

           Division 6.1--Registration of health professionals

   37.     Who may be registered as a health professional?  

           Division 6.2--Performance reviews

   38.     Review of health professional's professional practice  
   39.     Initial and final review reports  

   PART 7--OCCUPATIONAL DISCIPLINE--HEALTH PROFESSIONALS

   40.     Meaning of health professional—pt 7  
   41.     Grounds for occupational discipline  
   42.     Application to ACAT for occupational discipline  
   43.     Considerations before making occupational discipline orders—suspension or cancellation of  
   44.     Occupational discipline orders  
   45.     Emergency orders  
   46.     Referral to panel by ACAT  

   PART 7A--NOTIFICATION AND REVIEW OF DECISIONS

   47.     Definition of reviewable decision—pt 7A  
   48.     Reviewable decision notices  
   49.     Applications for review  

   PART 8--OFFENCES

   70.     Meaning of registered for pt 8  
   71.     Offence to pretend registration  
   72A.    False representation of person as health professional  
   73.     Conditions on practice  
   73A.    Direction to engage in unprofessional conduct  
   74.     Change of registered details  
   75.     No insurance  

   PART 9--REPORTING

           Division 9.1--Object of part 9

   76.     Object of pt 9  

           Division 9.2--Reporting

   77.     Meaning of registered health professional for div 9.2  
   78.     Who may report?  
   79.     Who may be given a report?  
   80.     False or misleading report  
   81.     How must report be made?  
   82.     Help in making report  
   83.     Further information about report etc  
   84.     Notice to health professional reported  

   PART 10--JOINT CONSIDERATION WITH COMMISSION

   85.     What does pt 10 apply to?  
   86.     Consultation with commission etc  
   87.     Indication that offence committed  

   PART 11--PERSONAL ASSESSMENT PANELS

           Division 11.1--Establishment and purpose

   88.     Establishment of personal assessment panel  
   89.     Referral of application by ACAT  
   90.     What does a personal assessment panel do?  
   91.     Who must be on a personal assessment panel?  

           Division 11.2--Assessments by personal assessment panels

   92.     Natural justice  
   93.     Assessment by personal assessment panel  
   94.     Powers of personal assessment panel on inquiry  
   94A.    Lawyer assisting personal assessment panel  
   95.     Legal representation before personal assessment panel  
   96.     How does personal assessment panel reach a decision?  
   97.     Action of personal assessment panel after inquiry  
   98.     Inappropriate referral to personal assessment panel  
   99.     Referral to board  

           Division 11.3--Action by board after inquiry by personal assessment panel

   100.    Board consideration of referral by personal assessment panel  
   101.    Acceptance of condition  
   102.    Decision on referred health professional  
   103.    Applications for condition review  
   104.    Review of application  
   105.    Action by board on recommendations by personal assessment panel  

   PART 12--PROFESSIONAL STANDARDS PANELS

           Division 12.1--Establishment of professional standards panel

   106.    Establishment of professional standards panel  
   107.    What does a professional standards panel do?  
   108.    Who must be on a professional standards panel?  
   109.    Referral of application by ACAT  

           Division 12.2--Inquiries by professional standards panels

   110.    When may professional standards panel choose not to inquire?  
   111.    How does professional standards panel reach a decision?  
   112.    Inappropriate referral to professional standards panel  

           Division 12.3--Procedural requirements for inquiry hearings

   113.    Setting inquiry hearing times  
   114.    Conduct of inquiry hearing  
   115.    Inquiry by professional standards panel  
   116.    Role of commission  
   117.    Inquiry hearings usually closed  
   118.    Interim actions  
   119.    Adjournment  
   119A.   Lawyer assisting professional standards panel  
   120.    Representation at inquiry hearing  
   121.    Record of standards inquiry  
   122.    Action of professional standards panel after inquiry  
   123.    Inquiry report  
   124.    Publication of standards inquiry report  

   PART 13--PROTECTION AND INFORMATION

   125.    Meaning of informed person—pt 13  
   126.    Protection of participants and people reporting  
   127.    Protection of informed people  
   128.    Nondisclosure of reports  
   129.    Secrecy  

   PART 14--MISCELLANEOUS

   130.    Exemptions from Act  
   131.    Costs of supervising protective action  
   132.    Determination of fees by board  
   133.    Determination of fees by Minister  
   134.    Regulation-making power  
           DICTIONARY
           ENDNOTES