HEALTH PRACTITIONER (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2012
SERIAL NO. 207

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR HEALTH

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends the Health Practitioners Act and implements consequential amendments and transitional provisions as the final stage of implementing the National Registration and Accreditation Scheme (National Scheme) in the Northern Territory.

The purpose of this Bill is to: amend the Health Practitioners Act to remove provisions relating to the regulation of three Northern Territory health professions that will join the National Scheme on 1 July 2012; to make consequential amendments to other Northern Territory legislation to fully implement the National Scheme; and to maintain legislative functions that remain the responsibility of the Northern Territory, namely; pharmacy premises control and the Health Professional Review Tribunal.

NOTES ON CLAUSES

Part 1 	Preliminary matters

Clause 1 	Short title

This is a formal clause which provides for the citation of the Bill. The Bill when passed will be cited as the Health Practitioner (National Uniform Legislation) Implementation Act 2012.
Clause 2 	Commencement

This clause provides for a commencement date of 1 July 2012 in line with Section 300 of the Health Practitioner Regulation (National Uniform Legislation) Act 2009 and the formal commencement date of national registration for four more health professions.

Part 2 	Amendment of Health Practitioners Act

Clause 3 	Act amended

This clause cites that Part 2 of the Bill provides amendments to the Health Practitioners Act.

Clause 4 	Long title replaced

This clause removes reference to the registration and regulation of persons practicing health care, which will be subject to the Health Practitioner Regulation National Law (National Law) from 1 July 2012; and refers to the remaining legislative functions covered by the Health Practitioners Act.

Clause 5 	Section 3 amended

This clause removes objectives relating to the registration and regulation of health practitioners and refines the remaining objectives in the Health Practitioners Act as they will apply in the Northern Territory.

Clause 6 	Section 4 replaced

This clause removes obsolete terms and updates and defines terms relating to the remaining provisions in the Health Practitioners Act as they will apply in the Northern Territory.

Clause 7	Section 6 and Part 2 repealed

This clause removes provisions relating to categories of health care practice and the Northern Territory health practitioner registration boards (NT Boards) which will be covered under the National Law from 1 July 2012. 

Clause 8 	Part 2A heading amended

This clause renumbers the Part relating to the Pharmacy Premises Committee from Part 2A to Part 2.

Clause 9 	Section 18B replaced

This clause inserts an additional subsection setting out membership of the Pharmacy Premises Committee. The provision has been moved from Schedule 1, which is to be repealed. Existing provisions are retained and subsections renumbered. 

Clause 10 	Section 18L inserted
This clause provides for the Minister to set fees under the Act in relation to the Pharmacy Premises Committee. The provision has been moved from Part 2 relating to the NT Boards, which is to be repealed. 

Clause 11 	Part 3 repealed

This clause removes provisions relating to the registration of health practitioners, which will be covered under the National Law from 1 July 2012.

Clause 12	Part 4 heading replaced 

This clause renumbers Part 4 and renames the heading as Part 3 in relation to the Health Professional Review Tribunal (Tribunal).

Clause 13	Part 3, Division 1 repealed 

This clause removes provisions (in former Part 4) relating to professional conduct complaints against health practitioners, which will be covered under the National Law from 1 July 2012.

Clause 14	Part 3, Division 2 heading repealed

This clause removes a Division heading for the Tribunal, which has been replaced by the Part 3 heading. 

Clause 15	Section 63 amended 

This clause: inserts reference to a health practitioner being registered, inserts additional subsections setting out membership of the Tribunal that have been moved from the Health Practitioner Regulation (National Uniform Legislation) Act 2010 that adopts the National Law, and changes all references to a Board as being a National Board.

Clause 16	Section 64 amended

This clause: modifies wording from conducting an inquiry to hearing a matter that reflects terminology under the National Law and clarifies that in performing its functions the Tribunal may conduct an inquiry as part of hearing a matter.

Clause 17	Part 3, Divisions 3 and 4 repealed

This clause removes provisions (in former Part 4) relating to action that may be taken by the Tribunal, which will be covered under the National Law from 1 July 2012.

This clause also removes provisions relating to the suspension of the right to practice or authorisation of a health practitioner, which will be covered under the National Law from 1 July 2012.

Clause 18	Part 3, Division 5 heading repealed

This clause removes a Division heading (in former Part 4) for Inspectors and investigations. 

Clause 19	Part 4 heading inserted

This clause replaces the division heading with a new Part 4 heading in relation to Inspectors of Pharmacy Committee. The NT Boards have been removed so the Pharmacy Committee is the only regulatory body that may appoint an inspector.

Clause 20 	Section 71 amended

This clause: replaces the term ‘regulatory body’ with ‘Pharmacy Committee’ that will be the only remaining regulatory body in the Act; removes provisions relating to NT Boards; updates the provision in relation to the Pharmacy Committee; and removes the requirement for a signature on an identity card for an inspector.

Clause 21 	Section 73 amended

This clause: clarifies that the subsection applies to services provided at a pharmacy premise; removes references that relate to NT Boards; and replaces the term ‘regulatory body’ with ‘Pharmacy Committee’. 

Clause 22	Parts 5 and 6 repealed

This clause removes provisions relating to the impairment and performance of health practitioners, which will be covered under the National Law from 1 July 2012.

Clause 23 	Section 99 amended

This clause removes provisions relating to the grounds on which a person may appeal against a decision of a NT Board or the Tribunal in relation to Northern Territory health practitioners. The Tribunal will hear appeals made under provisions of the National Law from 1 July 2012.

This clause also renumbers subsections and removes reference to NT Boards for appeals that may be made to the Supreme Court, which are dealt with in the remaining subsections.

Clause 24 	Section 100 amended

This clause changes all references to a Board as being a National Board.

Clause 25 	Part 8, Division 1 repealed

This clause removes offences relating to health practitioners, which will be covered under the National Law from 1 July 2012.

Clause 26	Part 8, Division 2 heading repealed

This clause removes a division heading for offences that now sit under the heading for Part 8.

Clause 27 	Section 106 replaced

This clause updates an existing offence relating to the making of false or misleading statements, setting out provisions relating to an investigation by an inspector and the Tribunal.

The updated provisions omit reference to the offences being a regulatory offence, in accordance with advice from the Department of Justice.

Clause 28	Section 108 amended

This clause removes references that relate to activities of NT Boards and updates the offence for the purpose of an investigation by an inspector and the Tribunal.

Clause 29 	Sections 109, 110 and 111 replaced

This clause removes wording that relates to activities of NT Boards and updates offences for the purpose of the Pharmacy Committee and the Tribunal.

Clause 30 	Part 9 heading amended

This clause updates the heading for Part 9 from Miscellaneous to Other matters relating to health practitioners.

Clause 31 	Sections 112 to 118 replaced

This clause: removes Sections relating to reporting and other matters in relation to health practitioners, which will be covered by the National Law from 1 July 2012; removes an obligation to give notice on the court that is a voluntary process under the National Law; and removes wording that relates to activities of NT Boards and updates the provisions for the purpose of the Pharmacy Committee and the Tribunal.

Clause 32	Section 120 amended

This clause removes wording that relates to NT Boards and updates the provisions for the purpose of the Pharmacy Committee and the Tribunal.

Clause 33	Section 121 amended

This clause changes references from regulatory body to Pharmacy Committee.

Clause 34	Sections 123, 125, 126, 128 and 129, Part 9, Division 3 and Part 10 repealed

This clause: removes obsolete provisions; provisions relating to activities of NT Boards; removes a provision that could result in a person being subject to penalties for conduct under the National Law and the Health Practitioners Act (removes risk of double jeopardy); and removes provisions covered by the National Law and other Northern Territory legislation.

Clause 35	Part 12, Division 1 heading inserted

This clause inserts a heading for transitional provisions covering nine health professions in the Northern Territory that joined the National Scheme and to support implementation of National Law provisions, from 1 July 2010.

Clause 36	Section 146 amended

This clause updates wording that refers to a former Board and clarifies application of the definition for complaint.

Clause 37 	Section 147 amended

This clause updates wording that refers to a former Board and clarifies its application to the Information Act or Ombudsman Act.

Clause 38 	Part 12, Division 2 inserted

This clause inserts a Division heading and transitional provisions covering the remaining three health professions in the Northern Territory that will join the National Scheme and support implementation of National Law provisions from 1 July 2012.

The provisions provide for the continuation of existing complaints under the Health Practitioners Act and matters pending under the Information Act or Ombudsman Act, and for their completion under Northern Territory legislation.

Clause 39 	Part 13 replaced

This clause provides for the Administrator to make transitional regulations, if required, to support the final implementation of the National Law in the Northern Territory. This Part expires one year after its commencement.

Clause 40 	Schedule 1 repealed

This clause repeals Schedule 1 to remove provisions relating to membership of the NT Boards and the Pharmacy Committee. The provisions for membership of the Pharmacy Committee has been moved to Section 18B.

Clause 41 	Schedule 2 amended

This clause replaces references in the heading and within the provisions to a ‘regulatory body’ with references to the ‘Pharmacy Committee’; and replaces references to ‘health practitioner’ with ‘pharmacist’ in relation to membership and the Chairperson of the Committee.

Clause 42 	Schedule 3 amended

This clause replaces references in the heading and within the provisions relating to a ‘regulatory body’ with references to the ‘Pharmacy Committee’ and removes reference to activities relating to NT Boards.

The clause also updates wording in subsections to refer to information relating to ‘a person’ rather than ‘a health practitioner and any other person’.

Clause 43 	Schedule 4 amended

This clause removes references in the heading and within the provisions relating to activities of NT Boards and updates wording for the purpose of the Tribunal.

The clause modifies the wording to reflect terminology under the National Law by changing references to the conduct of an inquiry, to the hearing of a matter. 

The clause updates wording in subsections to refer to information relating to ‘a person’ rather than ‘a health practitioner and any other person’.

The clause also clarifies the right of a party before the Tribunal to attend proceedings and have representation by a legal practitioner or another person.

Clause 44 	Schedule 5 amended

This clause: inserts reference to a health practitioner being registered; modifies wording to reflect terminology under the National Law by changing references to the conduct of an inquiry, to the hearing of a matter; and includes an offence against the Health Practitioners Act or the National Law as grounds to remove from office a member of the Tribunal.

Clause 45 	Schedule 6 amended

This clause: updates the heading and modifies wording in the provisions to reflect terminology under the National Law by changing references to the conduct of an inquiry, to the hearing of a matter; and clarifies the membership required in relation to convening the Tribunal and termination of a matter.

Clause 46	Schedule 7 repealed

This clause repeals Schedule 7 to remove protected titles that relate to the NT professions, which will be covered by the National Law from 1 July 2012.

Clause 47 	Schedule 8 amended

This clause renumbers the Schedule containing provisions relating to pharmacies from Schedule 8 to Schedule 7 to avoid confusion with Schedule 8 Controlled substances that are well known within the pharmaceutical industry.

The clause also moves an offence relating to unconscionable conduct from within the body of the Health Practitioners Act to Schedule 7 in relation to an attempt to influence the conduct of a pharmacist.

Clause 48	Schedules 9 and 10 repealed

This clause repeals Schedules 9 and 10 to remove reference to repealed Acts and transitional provisions in relation to the repealed Acts that are no longer required. 

Clause 49	Act further amended

This clause gives effect to Schedule 1, which lists further amendments to the Health Practitioners Act of a minor grammatical nature.

Part 3 	Consequential and other amendments

Division 1	Amendment of Health Practitioner Regulation (National Uniform Legislation) Act

Clause 50 	Act amended

This clause names the Act which is being amended in the following clauses.

Clause 51 	Section 6 amended

This clause removes subsections setting out membership of the Tribunal that have been moved to Section 63 of the Health Practitioners Act.

This clause also inserts a new provision to provide a 28 day period in which appeals may be made to the Tribunal against a decision of a National Board; with a discretionary power for the President of the Tribunal, as defined, to consider a longer period on a case by case basis. Currently there is no period in which an appeal may be lodged. The national standard for such appeals is 28 days.

Division 2	Amendment of Radiation Protection Act

Clause 52 	Act amended

This clause names the Act which is being amended in the following clauses.

Clause 53 	Section 89 amended

This clause repeals a provision for the making of Regulations, which has been moved to a new Section 101.

Clause 54 	Part 9, Division 4 replaced

This clause updates provisions by removing reference to registration of radiographers under the repealed Radiographers Act and inserting reference to registration of Diagnostic Radiographers. An old reference to the possession of radiation apparatus has been removed because this is subject to a separate licence under the Radiation Protection Act. The same effect of conditions imposed and suspension of registration apply. 

A provision for the making of Regulations in relation to this Division has been moved from subsection 89(2A).

Division 3	Amendment of other laws

Clause 55 	Other laws amended

This clause gives effect to Schedule 2, which lists amendments to other Northern Territory legislation.

Part 4 	Expiry of Act

Clause 56 	Expiry

This Part provides for the amendment Act to expire after the amendments have been implemented, which is the day after its commencement.

Schedule 1	Health Practitioners Act further amended

This Schedule lists minor and typographic amendments to provisions in the Health Practitioners Act. 

Schedule 2	Other laws amended

This Schedule updates terminology and definitions for health practitioners in the listed legislation. 

Agents Licensing Regulations
Replaces a reference to a person registered or enrolled under the Health Practitioners Act is replaced with a reference to a person registered under the Health Practitioner Regulation National Law.

Alcohol Reform (Prevention of Alcohol-Related Crime and Substance Misuse) Act
Updates reference to a person with a right of practice under the Health Practitioners Act in Aboriginal health work by including reference to a person registered under the Health Practitioner Regulation National Law in the Aboriginal and Torres Strait Islander health practice profession with similar references to other professions.

Care and Protection of Children Act
Replaces reference to the Health Practitioners Act in the definition of ‘health practitioner’ with a reference to the Health Practitioner Regulation National Law.

Classification of Publications, Films and Computer Games Regulations
Updates a reference to the Schedule in the Health Practitioners Act containing pharmacy premises control provisions, which has been renumbered from Schedule 8 to Schedule 7.

Criminal Code Act
Updates reference to a person with a right of practice under the Health Practitioners Act in Aboriginal health work by including reference to a person registered under the Health Practitioner Regulation National Law in the Aboriginal and Torres Strait Islander health practice profession with a similar reference to the nursing and midwifery profession.

Domestic and Family Violence Act
Replaces a reference in the definition of ‘health practitioner’ to a person with a right of practice under the Health Practitioners Act in Aboriginal health work, with a reference to a person registered under the Health Practitioner Regulation National Law in the Aboriginal and Torres Strait Islander health practice profession.

Firearms Act
Replaces a reference in the definition of ‘health practitioner’ to a health practitioner with a right of practice under the Health Practitioners Act other than a registered radiographer, with a reference to a person registered under the Health Practitioner Regulation National Law other than a diagnostic radiographer.

Health and Community Services Complaints Act
Removes in Section 4 a reference to ‘NT Board’ and ‘another entity’ from the definition of ‘Board’; and removes the definition of ‘NT Board’. Updates the heading of Section 89 and removes a reference to ‘NT Board’ and ‘other entity’ within Section 89.

Mental Health and Related Services Act
Updates the definition of ‘Aboriginal health worker’ to the National Law definition for Aboriginal and Torres Strait Islander health practice profession; replaces Aboriginal health worker with Aboriginal and Torres Strait Islander health practitioner; and removes reference to an occupational therapist with a right of practice under the Health Practitioners Act and includes the National Law definition for occupational therapist with a reference to an Aboriginal and Torres Strait Islander health practitioner. 

Motor Vehicles Act
Removes reference to an occupational therapist with a right of practice under the Health Practitioners Act and includes occupational therapist in the National Law definition with other professions.

Parole Of Prisoners Act
Removes reference to the Health Practitioners Act with reference to the Health Practitioner Regulation National Law.

Poisons and Dangerous Drugs Act
Replaces reference to an Aboriginal health worker with a right of practice under the Health Practitioners Act with National Law definition for Aboriginal and Torres Strait Islander health practitioner; inserts a definition for Aboriginal and Torres Strait Islander health practitioner; and corrects a grammatical error in the definition of dental therapist.

Poisons and Dangerous Drugs Regulations
Replaces reference to an Aboriginal health worker with a right of practice under the Health Practitioners Act with National Law definition for Aboriginal and Torres Strait Islander health practitioner.

Police Administration Act
Replaces in the definition of ‘health practitioner’ in section 4(1) a reference to a health practitioner with a right of practice under the Health Practitioners Act other than a registered radiographer, with a reference to a person registered under the Health Practitioner Regulation National Law other than a diagnostic radiographer; and

Updates the definition of ‘health practitioner’ in Section 132(1) by removing reference to a person with a right of practice under the Health Practitioners Act in Aboriginal health work and including reference to a person registered under the Health Practitioner Regulation National Law in the Aboriginal and Torres Strait Islander health practice profession with a similar reference to the nursing and midwifery profession.

Public Health (Cervical Cytology Register) Regulations
Updates the definition of ‘health practitioner’ by removing reference to a person with a right of practice under the Health Practitioners Act in Aboriginal health work and including reference to a person registered under the Health Practitioner Regulation National Law in the Aboriginal and Torres Strait Islander health practice profession with a similar reference to the nursing and midwifery profession.

Public Sector Employment and Management Act
Replaces a reference to a person registered or enrolled under the Health Practitioners Act is replaced with a reference to a person registered under the Health Practitioner Regulation National Law.

Superannuation Regulations
Corrects the name of the Australian Health Practitioner Regulation Agency by replacing ‘Authority’ with ‘Agency’.

Therapeutic Goods and Cosmetics Act
Replaces definitions for ‘dentist’, ‘nurse’ and ‘pharmacist’ each with a right of practice under the Health Practitioners Act with a definition for each practitioner under the Health Practitioner Regulation National Law.

Transplantation and Anatomy Act
Replaces a reference to a person registered or enrolled under the Health Practitioners Act is replaced with a reference to a person registered under the Health Practitioner Regulation National Law.

Volatile Substance Abuse Prevention Act
Removes a definition for ‘Aboriginal health worker’ with a right of practice under the Health Practitioners Act and includes the National Law definition for ‘Aboriginal and Torres Strait Islander health practitioner’ in the definition of ‘health practitioner’ with other professions.

Workers Rehabilitation and Compensation Act
Updates the definition of ‘medical, surgical and rehabilitation treatment’ by removing reference to an occupational therapist and an Aboriginal health worker with a right of practice under the Health Practitioners Act and includes reference to Aboriginal and Torres Strait Islander health practice’ and ‘occupational therapy’ in the National Law definition with other professions.

Workers Rehabilitation and Compensation Regulations
Removes a reference to ‘Aboriginal health worker’ with a right of practice under the Health Practitioners Act and includes ‘Aboriginal and Torres Strait Islander health practice’ with National Law definition for ‘nurse’.

Youth Justice Regulations
Replaces the definition for ‘registered nurse’ with a right of practice under the Health Practitioners Act with the National Law definition for ‘registered nurse’.