HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM LEGISLATION) AMENDMENT BILL 2014
SERIAL NO. 67 

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR HEALTH 

EXPLANATORY STATEMENT

GENERAL OUTLINE

The overall aim of the amendment is to allow access for midwives to practice as privately practicing midwives in the Northern Territory.

NOTES ON CLAUSES

Clause 1 	Short Title
This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Health Practitioner Regulation (National Uniform legislation) Amendment Act 2014.

Clause 2	Act amended
This clause amends the Health Practitioner Regulation (National Uniform Legislation) Act.

Clause 3	Section 4A inserted
Clause 3 states that after section 4 there will be a section 4A on Private Midwifery.

Clause 3 Section 4A Private Midwifery Section 1 and 2
This section 4A amends the reference to section 284 in The Health Practitioner Regulation National Law (NT) that had previously prohibited midwives in the Northern Territory from practicing as private midwives if they did not Professional Indemnity Insurance for all aspects of care. This had related to previous NT legislation In 2004, Section 22(1)(e) of the Northern Territory’s Health Practitioners Act 2004 imposed a requirement  that “an applicant is entitled to be registered if the applicant has adequate professional indemnity arrangements in place”.  Because no insurance was available for home birthing, privately practising midwives could not be registered therefore there was no choice for women to birth at home in the Northern Territory.

This amendment will mean that midwives who wish to practise privately in the NT will have access to the exemption from Professional Indemnity Insurance in Section 284 of the Health Practitioner Regulation National Law 2009 for intrapartum care. Midwives will then not breach section 129 of the National Law if they provide intrapartum care in the homebirth situation.

Clause 3	Section 3
This clause provides a risk management strategy by requiring the midwife to give notice to the Chief Health Officer (CHO) of their intention to practice private midwifery in the NT. This will enable the CHO keep records of privately practicing midwives and monitor outcomes.

Clause 3 Section 4
This clause requires the midwives to provide written data on cases and outcomes to the CHO. This will be in line with the requirements for perinatal data recoding under the Public and Environmental Health Act.

Clause 3- Section 5
This section provides explanatory definitions.

Clause 4	Expiry of Act
Clause 4 specifies that this Act expires the day after it commences.