HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM LEGISLATION) BILL 2009
SERIAL NO. 76

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR HEALTH

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill adopts the Health Practitioner Regulation National Law as set out in Schedule 1 to the Health Practitioner Regulation National Law Act 2009 (Qld).

The purpose of this Bill is to apply the Health Practitioner National Law as a law of the Territory to implement the National Registration and Accreditation Scheme for the Health Professions in the Northern Territory; to declare the responsible tribunal for the Northern Territory for the purposes of the Health Practitioner National Law; and to make consequential amendments to the Health Practitioners Act.

NOTES ON CLAUSES

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 Regulation (National Uniform Legislation) Act 2009.

Clause 2.	Commencement.

Provides for a commencement date of 1 July 2010 in line with the formal commencement date of the National Registration and Accreditation Scheme across Australia.

Clause 3.	Definitions

Defines the Health Practitioner Regulation National Law as set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), which is the legislation to be adopted; and the title under which the adopted legislation will be referred to in the Northern Territory.

Clause 4.	Interpretation

This clause clarifies the application of terms where there is inconsistency between the Health Practitioner Regulation National Law and this Act.

Part 2.	Adoption of Health Practitioner Regulation National Law

Clause 5.	Adoption of Health Practitioner Regulation National Law and related instruments

This clause is the formal adoption provision to apply, the Health Practitioner Regulation National Law in the Northern Territory. 

(1)	Applies the Health Practitioner Regulation National Law, as defined in clause 3, in the Northern Territory; and specifies the title under which the Law will apply in the Northern Territory, that is the Health Practitioner Regulation National Law (NT).

(2)	Gives effect in the Northern Territory to all instruments made under the Health Practitioner Regulation National Law (NT).

Clause 6.	Meaning of generic terms in Health Practitioner Regulation National Law (NT)

Defines terms in the Health Practitioner Regulation National Law (NT) as they will apply in the Northern Territory.

Clause 7.	Responsible tribunal for Health Practitioner Regulation National Law (NT)

This clause declares the responsible tribunal that will operate for the purpose of the Health Practitioner Regulation National Law (NT) in the Northern Territory.

(1)	Declares the Tribunal established by section 63 of the Health Practitioners Act to be the responsible tribunal.

(2)	Defines membership of the Tribunal and that they may be appointed by the President of the Tribunal. 

(3)	Specifies conditions under which a person may be appointed to the Tribunal including relevant skills, knowledge and experience.

(4)	Defines the terms “permanent member” and “President” used in relation to the Tribunal.

Clause 8.	Exclusion of legislation

This clause specifies that the Interpretation Act, Information Act and Ombudsman Act of the Northern Territory will not apply in relation to the Health Practitioner Regulation National Law (NT) due to such provisions being provided under that Law as a means of establishing consistent provisions for the National Registration and Accreditation Scheme across Australia.

Part 3.	Consequential amendments
Division 1.	Amendment of Health Practitioners Act

Clause 9.	Act amended

This Division amends the Health Practitioners Act.

Clause 10.	Amendment of section 63 (Establishment and constitution of Tribunal)

Section 63 establishes the Tribunal for the purposes of the Health Practitioners Act and by reference under clause 7 (1) of this Bill will establish the responsible tribunal for the purposes of the Health Practitioner Regulation National Law (NT).

(1)	Amends section 63 (9) to extend the personal liability protection that applies to a Tribunal member under the Health Practitioners Act to include this protection under another Act. 

(2)	This is a new section 63 (12) to include a person who is appointed as a special member of the Tribunal for the purpose of the Law, within a reference to a member of the Tribunal under the Health Practitioners Act.

Clause 11.	Amendment of section 64 (Function of Tribunal)

(1)	Amends the section 64 heading to include functions and powers of the Tribunal.

(2)	Amends the existing clause to insert number (1).

(3)	Inserts a new clause (2) to specify that the Tribunal established under section 63 of the Health Practitioners Act may perform functions, and exercise powers, as provided by another Act such as the Health Practitioner Regulation (National Uniform Legislation) Act 2009.