New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Law--
"ACC" means the Australian Crime Commission established under section 7 of the
Australian Crime Commission Act 2002 (Cwlth).
"accreditation authority" means--
(a) an external accreditation entity; or
(b) an accreditation committee.
(a) a panel; or
(b) a responsible tribunal; or
(c) a Court; or
(d) an entity of a co-regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the purposes of this Law.
Note--: See section 6A of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that Professional Standards Committees, Councils and Performance Review Panels are all adjudication bodies for the purposes of the Health Practitioner Regulation National Law.
(a) approved by a National Board under section 47(3); and
(b) published on the Board's website under section 47(6).
(a) approved under section 49(1) by the National Board established for the health profession; and
(b) included in the list published by the National Agency under section 49(5).
(a) for a health profession, means a qualification obtained by completing an approved program of study for the profession; and
(b) for endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement.
(a) approved by the Ministerial Council under section 12; and
(b) published on the website of the National Board that developed the standard.
(a) is admitted to the legal profession under the law of a State or Territory; and
(b) holds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession.
Note--: A copy of the COAG Agreement is available on the National Agency's website.
Note--: See section 6B of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that each Council is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law.
Note--: See section 6 of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8 of the Health Practitioner Regulation National Law. As a consequence, New South Wales is a co-regulatory jurisdiction.
(a) was in force before the day on which the jurisdiction became a participating jurisdiction; and
(b) established an entity having functions that included--(i) the registration of persons as health practitioners; or(ii) health, conduct or performance action.
(a) every conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law;
(b) every plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence;
(c) every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law.
(a) a university; or
(b) a tertiary education institution, or another institution or organisation, that provides vocational training; or
(c) a specialist medical college or other health profession college.
(a) that is established by or under an Act of a participating jurisdiction; and
(b) whose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system.
(a) a National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8; or
(b) a co-regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co-regulatory jurisdiction, substantially corresponds to a proceeding under Part 8.
Note--: This definition is not applicable to New South Wales.
(a) Aboriginal and Torres Strait Islander health practice;
(b) Chinese medicine;
(c) chiropractic;
(d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);
(e) medical;
(f) medical radiation practice;
(g) midwifery;
(ga) nursing;
(h) occupational therapy;
(i) optometry;
(j) osteopathy;
(ja) paramedicine;
(k) pharmacy;
(l) physiotherapy;
(m) podiatry;
(n) psychology.
Note--: See Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions.
(a) services provided by registered health practitioners;
(b) hospital services;
(c) mental health services;
(d) pharmaceutical services;
(e) ambulance services;
(f) community health services;
(g) health education services;
(h) welfare services necessary to implement any services referred to in paragraphs (a) to (g);
(i) services provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists;
(j) pathology services.
(a) for a registered health practitioner or an applicant for registration in a health profession, the person's capacity to practise the profession; or
(b) for a student, the student's capacity to undertake clinical training--(i) as part of the approved program of study in which the student is enrolled; or(ii) arranged by an education provider.
(a) referred to in the COAG Agreement; and
(b) established by this Law.
(a) a mandatory notification; or
(b) a voluntary notification.
(a) a provision that forms part of this Law because of a modification made by the Health Practitioner Regulation (Adoption of National Law) Act 2009 ; or
(b) a NSW regulation.
Note--: This definition is an additional New South Wales provision.
Note--: This definition is an additional New South Wales provision.
Note--: This definition is not applicable to New South Wales.
(a) that is a party to the COAG Agreement; and
(b) in which--(i) this Law applies as a law of the State or Territory; or(ii) a law that substantially corresponds to the provisions of this Law has been enacted.
Note--: This definition is not applicable to New South Wales.
Note--: This definition is not applicable to New South Wales.
(a) includes--(i) a contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or(ii) an agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but
(b) does not include a contract or agreement not directly related to the provision of a health service.
(a) at which the practitioner is predominantly practising the profession; or
(b) if the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner's principal place of residence.
Note--: This definition is not applicable to New South Wales.
Note--: This definition is not applicable to New South Wales.
(a) a public hospital; and
(b) a public health, teaching or research facility.
(a) is registered under this Law to practise a health profession, other than as a student; or
(b) holds non-practising registration under this Law in a health profession.
(a) a local registration authority; or
(b) an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.
(a) any undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and
(b) any conditions previously imposed on the applicant's registration by a registration authority, whether before or after the commencement of this Law; and
(c) any decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant's practice of the profession, whether before or after the commencement of this Law; and
(d) any investigation commenced by a registration authority or a health complaints entity into the applicant's conduct, performance or possible impairment but not finalised at the time of the application.
Note--: This definition is not applicable to New South Wales.
(a) set under a health profession agreement between the Board and the National Agency for the service; and
(b) published on the Board's website under section 26(3).
(a) is declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction, or
(b) is declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction.
Note--: See section 6C of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that the Civil and Administrative Tribunal is the responsible Tribunal for the purposes of the Health Practitioner Regulation National Law.
Note--: This definition is not applicable to New South Wales.
Note--: This definition is not applicable to New South Wales.