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HEALTH PRACTITIONER REGULATION (ADMINISTRATIVE ARRANGEMENTS) NATIONAL LAW BILL 2008

           Queensland



Health Practitioner Regulation
(Administrative
Arrangements) National Law
Bill 2008

 


 

 

Queensland Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Health Practitioner Regulation (Administrative Arrangements) National Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Meaning of generic terms in Health Practitioner Regulation (Administrative Arrangements) National Law for this jurisdiction . 7 6 Exclusion of legislation of this jurisdiction . . . . . . . . . . . . . . . . . . 7 Health Practitioner Regulation (Administrative Arrangements) National Law Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Object of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Interpretation generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 Extraterritorial operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 2 Ministerial Council 7 Policy directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8 Approval of health profession standards . . . . . . . . . . . . . . . . . . . 13 9 Special arrangements relating to accreditation . . . . . . . . . . . . . . 14 10 How Ministerial Council exercises functions. . . . . . . . . . . . . . . . . 15 11 Acts done by Ministerial Council . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Notification and publication of directions . . . . . . . . . . . . . . . . . . . 15 Part 3 Australian Health Workforce Advisory Council 13 Establishment of Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . 16

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Contents 14 Function of Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 15 Publication of advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16 Powers of Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 17 Membership of Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part 4 Australian Health Practitioner Regulation Agency Division 1 National Agency 18 National Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 General powers of National Agency . . . . . . . . . . . . . . . . . . . . . . . 18 20 Principal functions of National Agency . . . . . . . . . . . . . . . . . . . . . 18 21 Health profession agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Cooperation with participating jurisdictions and the Commonwealth ................................ 21 23 Office of National Agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 2 Agency Management Committee 24 Agency Management Committee . . . . . . . . . . . . . . . . . . . . . . . . . 22 25 Vacancies to be advertised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 26 Functions of Agency Management Committee . . . . . . . . . . . . . . 23 27 Members to act in public interest . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 3 Chief executive officer 28 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 29 Functions of chief executive officer. . . . . . . . . . . . . . . . . . . . . . . . 24 30 Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 4 Staff and consultants 31 Staff of National Agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 32 Staff seconded to National Agency . . . . . . . . . . . . . . . . . . . . . . . 25 33 Consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 5 Reporting obligations 34 Progress reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 35 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 36 Reporting by National Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 5 National Boards Division 1 National Boards 37 Establishment of National Boards . . . . . . . . . . . . . . . . . . . . . . . . 28 38 Membership of National Boards . . . . . . . . . . . . . . . . . . . . . . . . . . 28 39 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 40 Vacancies to be advertised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Page 2

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Contents 41 Members to act in public interest . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 2 Functions and powers of National Boards 42 Functions of National Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 43 Powers of National Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 44 Boards may obtain assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 45 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 46 Delegation of functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 6 Finance 47 Australian Health Practitioner Regulation Agency Fund. . . . . . . . 33 48 Payments into Agency Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 49 Payments out of Agency Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 50 Investment of money in Agency Fund . . . . . . . . . . . . . . . . . . . . . 34 51 Duties of National Agency and Boards with respect to financial management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 7 Miscellaneous 52 General duties of persons engaged in the administration of this Law .......................................... 36 53 Duty of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 54 Protection from personal liability . . . . . . . . . . . . . . . . . . . . . . . . . 37 Schedule 1 Constitution and procedure of Advisory Council . . . . . . . . . 38 Part 1 General 1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Part 2 Constitution 2 Terms of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 3 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5 Extension of term of office during vacancy in membership . . . . . 39 6 Disclosure of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Part 3 Procedure 7 General procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 8 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 9 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 10 Transaction of business outside meetings or by telephone . . . . . 41 11 First meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Schedule 2 Constitution and procedure of Agency Management Committee .................................... 43 Page 3

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Contents Part 1 General 1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Part 2 Constitution 2 Terms of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 3 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 4 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 5 Extension of term of office during vacancy in membership . . . . . 45 6 Disclosure of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Part 3 Procedure 7 General procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 8 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 9 Chief executive officer may attend meetings . . . . . . . . . . . . . . . . 47 10 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 11 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 12 Transaction of business outside meetings or by telephone . . . . . 47 13 First meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 14 Defects in appointment of members. . . . . . . . . . . . . . . . . . . . . . . 48 Schedule 3 Constitution and procedure of National Boards . . . . . . . . . . 49 Part 1 General 1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Part 2 Constitution 2 Terms of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 3 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 4 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 5 Extension of term of office during vacancy in membership . . . . . 51 6 Disclosure of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Part 3 Procedure 7 General procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 8 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 9 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 10 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 11 Transaction of business outside meetings or by telephone . . . . . 53 12 First meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 13 Defects in appointment of members. . . . . . . . . . . . . . . . . . . . . . . 54 Page 4

 


 

2008 A Bill for An Act providing for the adoption of a national law to facilitate the development and implementation of a national registration and accreditation scheme for health practitioners

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 [s 1] The Parliament of Queensland enacts-- 1 1 Short title 2 This Act may be cited as the Health Practitioner Regulation 3 (Administrative Arrangements) National Law Act 2008. 4 2 Commencement 5 (1) The following provisions commence on the date of assent to 6 this Act-- 7 (a) the local application provisions of this Act; 8 (b) the Health Practitioner Regulation (Administrative 9 Arrangements) National Law (Queensland), parts 1 and 10 2. 11 (2) The Health Practitioner Regulation (Administrative 12 Arrangements) National Law (Queensland), parts 4, 6 and 7 13 and schedule 2 commence on 1 February 2009. 14 (3) The Health Practitioner Regulation (Administrative 15 Arrangements) National Law (Queensland), part 5 and 16 schedule 3 commence on 1 July 2009. 17 (4) The Health Practitioner Regulation (Administrative 18 Arrangements) National Law (Queensland), part 3 and 19 schedule 1 commence on a day to be fixed by proclamation. 20 3 Definitions 21 (1) For this Act, the local application provisions of this Act are 22 the provisions of this Act other than the Health Practitioner 23 Regulation (Administrative Arrangements) National Law set 24 out in this Act. 25 (2) In the local application provisions of this Act-- 26 Health Practitioner Regulation (Administrative 27 Arrangements) National Law (Queensland) means the 28 provisions applying in this jurisdiction because of section 4. 29 Page 6

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 [s 4] (3) Terms used in the local application provisions of this Act and 1 also in the Health Practitioner Regulation (Administrative 2 Arrangements) National Law have the same meanings in 3 those provisions as they have in that Law. 4 4 Health Practitioner Regulation (Administrative 5 Arrangements) National Law 6 The Health Practitioner Regulation (Administrative 7 Arrangements) National Law set out in this Act-- 8 (a) applies as a law of this jurisdiction; and 9 (b) as so applying may be referred to as the Health 10 Practitioner Regulation (Administrative Arrangements) 11 National Law (Queensland); and 12 (c) as so applying, is a part of this Act. 13 5 Meaning of generic terms in Health Practitioner 14 Regulation (Administrative Arrangements) National Law 15 for this jurisdiction 16 In the Health Practitioner Regulation (Administrative 17 Arrangements) National Law (Queensland)-- 18 this jurisdiction means Queensland. 19 6 Exclusion of legislation of this jurisdiction 20 (1) The following Acts of this jurisdiction do not apply to the 21 Health Practitioner Regulation (Administrative 22 Arrangements) National Law (Queensland)-- 23 (a) the Acts Interpretation Act 1954; 24 (b) the Financial Administration and Audit Act 1977; 25 (c) the Statutory Bodies Financial Arrangements Act 1982. 26 (2) The Public Service Act 2008 does not apply to an entity 27 established by the Health Practitioner Regulation 28 (Administrative Arrangements) National Law (Queensland) 29 or to the appointment of the members of those entities or to 30 any staff of those entities. 31 Page 7

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 [s 6] Note-- 1 For financial arrangements applying to the National Agency, see the 2 Health Practitioner Regulation (Administrative Arrangements) National 3 Law (Queensland), part 4, division 5 and part 6. 4 Page 8

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 1 Preliminary [s 1] Health Practitioner Regulation 1 (Administrative Arrangements) National 2 Law 3 Part 1 Preliminary 4 1 Short title 5 This Law may be cited as the Health Practitioner Regulation 6 (Administrative Arrangements) National Law. 7 2 Commencement 8 This Law commences on the day or days appointed under 9 section 2 of the Health Practitioner Regulation 10 (Administrative Arrangements) National Law Act 2008 for the 11 commencement of this Law. 12 3 Object of Law 13 (1) The object of this Law is to facilitate the development and 14 implementation of the national registration and accreditation 15 scheme for health practitioners. 16 (2) A person or body that has functions under this Law is to 17 exercise those functions having regard to the objectives of the 18 national registration and accreditation scheme, as set out in 19 the COAG Agreement. 20 Note-- 21 The national registration and accreditation scheme will consist of-- 22 (a) the Ministerial Council; and 23 (b) the Advisory Council; and 24 (c) the National Agency (the affairs of which are conducted by the 25 Agency Management Committee); and 26 (d) a National Board for each of the health professions covered by the 27 scheme (10 health professions initially). 28 Page 9

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 1 Preliminary [s 4] The Advisory Council will provide independent advice to the 1 Ministerial Council on matters relating to the scheme. 2 The National Agency will be responsible for the administration of the 3 scheme in accordance with policy directions of the Ministerial Council. 4 It will also be required to establish a national office and at least one 5 office in each participating jurisdiction. 6 A National Board will have registration and accreditation functions with 7 respect to the health profession for which it is established. The National 8 Boards will be able to establish committees to assist in the exercise of 9 their functions. 10 4 Definitions 11 (1) In this Law-- 12 Advisory Council means the Australian Health Workforce 13 Advisory Council established by this Law. 14 Agency Fund means the Australian Health Practitioner 15 Regulation Agency Fund established by this Law. 16 Agency Management Committee means the Australian 17 Health Practitioner Regulation Agency Management 18 Committee established by this Law. 19 COAG Agreement means the agreement for a national 20 registration and accreditation scheme for health professions, 21 made on 26 March 2008 between the Commonwealth, the 22 States, the Australian Capital Territory and the Northern 23 Territory. 24 Note-- 25 A copy of the COAG Agreement is available on the Council of 26 Australian Governments' website. 27 exercise a function includes perform a duty. 28 financial year means the period of 12 months commencing on 29 1 July in any year. 30 function includes a power, authority or duty. 31 health practitioner means a natural person who practises a 32 health profession. 33 health profession means the following professions-- 34 Page 10

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 1 Preliminary [s 4] (a) chiropractic; 1 (b) dental (including the profession of a dentist, dental 2 therapist, dental hygienist or dental prosthetist); 3 (c) medical; 4 (d) nursing and midwifery; 5 (e) optometry; 6 (f) osteopathy; 7 (g) pharmacy; 8 (h) physiotherapy; 9 (i) podiatry; 10 (j) psychology. 11 health profession agreement has the meaning given by 12 section 21. 13 health profession standard has the meaning given by section 14 8. 15 local health registration authority means a person or body 16 having functions under a law of a participating jurisdiction 17 that include the registration of persons as health practitioners. 18 Ministerial Council means the Australian Health Workforce 19 Ministerial Council comprising Ministers of the governments 20 of the participating jurisdictions and the Commonwealth with 21 portfolio responsibility for health. 22 National Agency means the Australian Health Practitioner 23 Regulation Agency established by this Law. 24 National Board means a National Health Practitioner Board 25 established by this Law. 26 national registration and accreditation scheme or scheme 27 means the scheme referred to in the COAG Agreement. 28 participating jurisdiction means a jurisdiction that is a party 29 to the COAG Agreement, other than the Commonwealth. 30 registered health practitioner means a natural person who-- 31 Page 11

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 1 Preliminary [s 5] (a) is registered, under the law of a participating 1 jurisdiction, to practise a health profession; or 2 (b) is entitled or eligible for that registration but, at his or 3 her election, is registered under the law of a 4 participating jurisdiction as a non-practising member of 5 the relevant health profession. 6 (2) In this Law-- 7 (a) a reference to a person who is registered, under the law 8 of a participating jurisdiction, to practise a health 9 profession includes a reference to a person whose 10 registration under the law of a participating jurisdiction 11 enables the person to represent himself or herself as a 12 person entitled or qualified to practise a health 13 profession; and 14 (b) a reference to registration under the law of a 15 participating jurisdiction includes a reference to any 16 other form of authorisation granted under the law of a 17 participating jurisdiction. 18 (3) In this Law, a reference to a person engaged in the 19 administration of this Law is a reference to a member of the 20 Advisory Council or Agency Management Committee, a 21 member of staff of the National Agency, or a member of a 22 National Board or any of its committees. 23 5 Interpretation generally 24 (1) Schedule 2 to the Consumer Credit Code set out in the 25 Appendix to the Consumer Credit (Queensland) Act 1994 26 applies in relation to this Law in the same way as it applies to 27 the Consumer Credit Code. 28 (2) For that purpose, a reference in that schedule to the Code is 29 taken to be a reference to this Law. 30 Page 12

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 2 Ministerial Council [s 6] 6 Extraterritorial operation of Law 1 It is the intention of the Parliament of this jurisdiction that the 2 operation of this Law should, as far as possible, include 3 operation in relation to the following-- 4 (a) things situated in or outside the territorial limits of this 5 jurisdiction; 6 (b) acts, transactions and matters done, entered into or 7 occurring in or outside the territorial limits of this 8 jurisdiction; 9 (c) things, acts, transactions and matters (wherever situated, 10 done, entered into or occurring) that would, apart from 11 this Law, be governed or otherwise affected by the law 12 of another jurisdiction. 13 Part 2 Ministerial Council 14 7 Policy directions 15 (1) The Ministerial Council may give directions to the National 16 Agency as to the policies to be applied by the National 17 Agency in exercising its functions under this Law. 18 (2) The Ministerial Council may give directions to a National 19 Board as to the policies to be applied by the National Board in 20 exercising its functions under this Law. 21 8 Approval of health profession standards 22 (1) The Ministerial Council may, in anticipation of the 23 commencement of the national registration and accreditation 24 scheme, approve health profession standards for any health 25 profession. 26 (2) A health profession standard is a standard or requirement 27 relating to registration, practice, competency, accreditation or 28 Page 13

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 2 Ministerial Council [s 9] continuing professional development with respect to a health 1 profession. 2 (3) A health profession standard for a health profession may be 3 approved by the Ministerial Council only if its approval is 4 recommended by the National Board established for that 5 health profession. 6 (4) The Ministerial Council may at any time request a National 7 Board to review any approved health profession standard or 8 any proposed health profession standard submitted to it by the 9 National Board. 10 (5) The Ministerial Council may approve any amendment of a 11 health profession standard for a health profession, or revoke 12 its approval of a health profession standard for a health 13 profession, on the recommendation of the National Board 14 established for that health profession. 15 (6) An approved health profession standard does not have effect 16 with respect to a health profession until the national 17 registration and accreditation scheme commences. 18 (7) An approved health profession standard is to be made publicly 19 available. 20 9 Special arrangements relating to accreditation 21 (1) The Ministerial Council may, in anticipation of the 22 commencement of the national registration and accreditation 23 scheme, appoint any person or body with existing functions 24 with respect to accreditation in a health profession to exercise 25 functions with respect to accreditation under the scheme. 26 (2) A person or body appointed by the Ministerial Council under 27 this section may develop health profession standards relating 28 to accreditation (accreditation standards) for the health 29 profession in respect of which the person or body is 30 appointed. 31 (3) Accreditation standards that are developed by the person or 32 body are to be submitted to the National Board established for 33 the health profession for its consideration. 34 Page 14

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 2 Ministerial Council [s 10] (4) A person or body that develops accreditation standards is to 1 ensure that the process by which standards are developed 2 includes wide-ranging consultation with respect to the content 3 of the standards. 4 Note-- 5 As a transitional measure, the COAG Agreement provides for the 6 Ministerial Council to assign accreditation functions under the scheme 7 to existing accreditation bodies. 8 10 How Ministerial Council exercises functions 9 The Ministerial Council is to give a direction or approval, or 10 make a recommendation, request or appointment, for the 11 purposes of a provision of this Law by resolution of the 12 Council passed in accordance with procedures determined by 13 the Council. 14 11 Acts done by Ministerial Council 15 (1) A certificate that-- 16 (a) purports to be signed by a member of the Ministerial 17 Council; and 18 (b) states that the Ministerial Council has done any act or 19 thing or formed any opinion; 20 is, on mere production, receivable as prima facie evidence that 21 the Ministerial Council has done the act or thing or formed the 22 opinion. 23 (2) An act or thing done by the Ministerial Council (whether by 24 resolution, instrument or otherwise) does not cease to have 25 effect merely because of a change in the Council's 26 membership. 27 12 Notification and publication of directions 28 (1) A copy of any direction given by the Ministerial Council to 29 the National Agency is to be given to the Chairperson of the 30 Agency Management Committee. 31 Page 15

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 3 Australian Health Workforce Advisory Council [s 13] (2) A copy of any direction given by the Ministerial Council to a 1 National Board is to be given to the Chairperson of the 2 National Board. 3 (3) A copy of any direction given by the Ministerial Council to 4 the National Agency or to a National Board is to be published 5 on the website of the National Agency and in the annual 6 report of the National Agency. 7 Part 3 Australian Health Workforce 8 Advisory Council 9 13 Establishment of Advisory Council 10 The Australian Health Workforce Advisory Council is 11 established. 12 14 Function of Advisory Council 13 The function of the Advisory Council is to provide 14 independent advice to the Ministerial Council about the 15 following-- 16 (a) any matter relating to the scheme that is referred to it by 17 the Ministerial Council; 18 (b) at the request of the Ministerial Council, any matter 19 relating to the scheme on which the Ministerial Council 20 has been unable to reach a decision; 21 (c) any other matter relating to the scheme that it considers 22 appropriate. 23 15 Publication of advice 24 (1) The Ministerial Council is to make arrangements for the 25 publication of advice given to it by the Advisory Council as 26 soon as practicable after the Ministerial Council has had the 27 Page 16

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 3 Australian Health Workforce Advisory Council [s 16] opportunity to consider the advice, in accordance with the 1 COAG Agreement. 2 (2) The Ministerial Council may decline to publish an advice or 3 part of an advice if the Advisory Council recommends that the 4 Council do so in the interests of protecting the privacy of any 5 person. 6 16 Powers of Advisory Council 7 The Advisory Council has the powers necessary to enable it to 8 perform its function. 9 17 Membership of Advisory Council 10 (1) The Advisory Council is to consist of 7 members. 11 (2) The first members of the Advisory Council are to be 12 appointed by the Council of Australian Governments. 13 (3) After that, members of the Advisory Council are to be 14 appointed by the Ministerial Council. 15 (4) One of the members of the Advisory Council is to be 16 appointed as Chairperson, being a person who is not a 17 registered health practitioner and who has not been a 18 registered health practitioner within the last 5 years. 19 (5) At least 3 of the other members of the Advisory Council are to 20 be persons who have expertise in health or education and 21 training, or both. 22 (6) Schedule 1 sets out provisions relating to the Advisory 23 Council. 24 Page 17

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 18] Part 4 Australian Health Practitioner 1 Regulation Agency 2 Division 1 National Agency 3 18 National Agency 4 (1) The Australian Health Practitioner Regulation Agency is 5 established. 6 (2) The National Agency-- 7 (a) is a body corporate with perpetual succession; and 8 (b) has a common seal; and 9 (c) may sue and be sued in its corporate name. 10 (3) The National Agency has the status, privileges and 11 immunities of the State. 12 19 General powers of National Agency 13 The National Agency has all the powers of an individual and, 14 in particular, may-- 15 (a) enter into contracts; and 16 (b) acquire, hold, dispose of, and deal with, real and 17 personal property; and 18 (c) do anything necessary or convenient to be done in the 19 performance of its functions. 20 20 Principal functions of National Agency 21 (1) The functions of the National Agency are as follows-- 22 (a) to establish general requirements for the development of 23 health profession standards for the purpose of ensuring 24 that the scheme operates in accordance with good 25 regulatory practice; 26 Page 18

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 20] (b) in consultation with the National Boards, to develop 1 procedures for the purpose of ensuring the efficient and 2 effective operation of the National Boards; 3 (c) to provide administrative assistance to the National 4 Boards and their committees; 5 (d) to negotiate in good faith with, and attempt to come to 6 an agreement with, each National Board on the terms of 7 a health profession agreement for the health profession 8 for which the Board is established; 9 (e) to provide advice to the Ministerial Council in 10 connection with the development and implementation of 11 the national registration and accreditation scheme; 12 (f) when requested by the Ministerial Council, to give to the 13 Ministerial Council any assistance or information 14 reasonably required by the Ministerial Council in 15 connection with the development and implementation of 16 the national registration and accreditation scheme; 17 (g) in anticipation of the commencement of the national 18 registration and accreditation scheme, to do anything 19 else that is necessary or convenient for the purpose of 20 preparing or enabling the National Agency to exercise 21 any other functions the COAG Agreement provides will 22 be conferred on the National Agency under the scheme. 23 Note-- 24 The functions that the COAG Agreement provides are to be conferred 25 on the National Agency include-- 26 (a) maintaining an up-to-date and publicly accessible list of 27 registered health practitioners for each health profession and of 28 accredited courses for each health profession; and 29 (b) through its local offices, establishing an efficient procedure for 30 receiving and dealing with applications for registration as a health 31 practitioner, complaints against health practitioners and other 32 matters relating to registration of health practitioners. 33 (2) The National Agency has the other functions conferred or 34 imposed on it-- 35 (a) by or under this Law; and 36 Page 19

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 21] (b) by or under any law of this or any other participating 1 jurisdiction. 2 (3) The National Agency may exercise its functions in any 3 participating jurisdiction. 4 21 Health profession agreements 5 (1) The National Agency may, in anticipation of the 6 commencement of the scheme, enter into an agreement (a 7 health profession agreement) with a National Board that 8 makes provision for the following-- 9 (a) the fees that will be payable under the scheme by health 10 practitioners and others in respect of the health 11 profession for which the Board is established (including 12 arrangements relating to refunds, waivers, or reductions 13 and penalties for late payment); 14 (b) the annual budget of the National Board (including the 15 funding arrangements for its committees and ancillary 16 bodies); 17 (c) the services to be provided to the National Board by the 18 National Agency so as to enable the National Board to 19 carry out its functions under the scheme. 20 (2) If the National Agency and the National Board for a health 21 profession are unable to agree on any matter relating to a 22 health profession agreement or proposed health profession 23 agreement, the Ministerial Council may give directions to the 24 National Agency and National Board as to how the dispute 25 should be resolved. 26 (3) In this section-- 27 ancillary body of a National Board means any person or body 28 that is appointed by the Ministerial Council under this Law to 29 exercise accreditation functions under the scheme in relation 30 to the health profession for which the Board is established. 31 Page 20

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 22] 22 Cooperation with participating jurisdictions and the 1 Commonwealth 2 (1) The National Agency may perform any of its functions in 3 cooperation with or with the assistance of a participating 4 jurisdiction or the Commonwealth, including in cooperation 5 with or with the assistance of any of the following-- 6 (a) any government agency of a participating jurisdiction or 7 of the Commonwealth; 8 (b) a local registration authority; 9 (c) an educational body or other body established by or 10 under a law of a participating jurisdiction or the 11 Commonwealth. 12 (2) In particular, the National Agency may-- 13 (a) request information that it requires for the purpose of 14 exercising its functions under this Law from any person 15 or body referred to in subsection (1); and 16 (b) use the information for the purpose of exercising its 17 functions under this Law. 18 (3) A person or body referred to in subsection (1) that receives a 19 request for information from the National Agency is 20 authorised to provide any information so requested to the 21 National Agency. 22 23 Office of National Agency 23 (1) The National Agency is to establish a national office. 24 (2) The National Agency is also to establish at least one local 25 office in each participating jurisdiction. 26 Page 21

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 24] Division 2 Agency Management Committee 1 24 Agency Management Committee 2 (1) The Australian Health Practitioner Regulation Agency 3 Management Committee is established. 4 (2) The Agency Management Committee is to consist of at least 5 5 members appointed by the Ministerial Council. 6 (3) Of the members-- 7 (a) one is to be a person appointed by the Ministerial 8 Council as Chairperson, being a person who is not a 9 registered health practitioner and who has not been a 10 registered health practitioner within the last 5 years; and 11 (b) at least 2 others are to be persons who have expertise in 12 health, or education and training, or both; and 13 (c) at least 2 others are to be persons who are not current or 14 former registered health practitioners and who have 15 business or administrative expertise. 16 (4) Schedule 2 sets out provisions relating to the Agency 17 Management Committee. 18 25 Vacancies to be advertised 19 (1) Before the Ministerial Council appoints any member of the 20 Agency Management Committee, the vacancy or vacancies to 21 be filled are to be publicly advertised. 22 (2) For the first members of the Agency Management Committee, 23 it is sufficient compliance with this section if the vacancies are 24 publicly advertised before the enactment of this Law. 25 (3) It is not necessary to advertise a vacancy in the membership of 26 the Agency Management Committee before appointing a 27 person to act in the office of a member. 28 Page 22

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 26] Note-- 1 The general interpretation provisions applicable to this Law under 2 section 5 confer power to appoint acting members of the Agency 3 Management Committee. 4 26 Functions of Agency Management Committee 5 (1) The functions of the Agency Management Committee are as 6 follows-- 7 (a) subject to any directions of the Ministerial Council, to 8 determine the policies of the National Agency; 9 (b) to ensure that the National Agency performs its 10 functions in a proper, effective and efficient way. 11 (2) The Agency Management Committee has the other functions 12 conferred or imposed on it-- 13 (a) by or under this Law; and 14 (b) by or under any law of any participating jurisdiction. 15 (3) The affairs of the National Agency are to be controlled by the 16 Agency Management Committee and all acts and things done 17 in the name of, or on behalf of, the National Agency by or 18 with the authority of the Agency Management Committee are 19 taken to have been done by the National Agency. 20 27 Members to act in public interest 21 (1) A member of the Agency Management Committee is to act 22 impartially and in the public interest in the exercise of his or 23 her functions as a member. 24 (2) Accordingly, a member of the Agency Management 25 Committee is to put the public interest before the interests of 26 particular health practitioners or any body or organisation that 27 represents health practitioners. 28 Page 23

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 28] Division 3 Chief executive officer 1 28 Chief executive officer 2 (1) The Agency Management Committee is to appoint a person as 3 chief executive officer of the National Agency. 4 (2) The chief executive officer of the National Agency is to be 5 appointed for a period, not exceeding 5 years, specified in his 6 or her instrument of appointment, but is eligible for 7 reappointment. 8 (3) The chief executive officer of the National Agency is taken, 9 while holding that office, to be a member of staff of the 10 National Agency. 11 29 Functions of chief executive officer 12 (1) The chief executive officer of the National Agency has the 13 functions conferred on the chief executive officer by 14 instrument in writing of the Agency Management Committee. 15 (2) The Agency Management Committee may delegate any of the 16 functions of the National Agency, or of the Agency 17 Management Committee, to the chief executive officer of the 18 National Agency, other than this power of delegation. 19 (3) The chief executive officer of the National Agency may 20 subdelegate any function delegated to the chief executive 21 officer by the Agency Management Committee to any 22 member of staff of the National Agency if the chief executive 23 officer is authorised to do so by the Agency Management 24 Committee. 25 30 Vacancy in office 26 (1) The office of the chief executive officer of the National 27 Agency becomes vacant if-- 28 (a) the chief executive officer resigns his or her office by 29 instrument in writing addressed to the chairperson of the 30 Agency Management Committee; or 31 Page 24

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 31] (b) the appointment of the chief executive officer is 1 terminated by the Agency Management Committee 2 under this section. 3 (2) The Agency Management Committee may, at any time and for 4 any reason, terminate the appointment of the chief executive 5 officer of the National Agency by notice given to the chief 6 executive officer. 7 Division 4 Staff and consultants 8 31 Staff of National Agency 9 (1) The National Agency may, for the purpose of performing its 10 functions, employ staff. 11 (2) The staff of the National Agency are to be employed on such 12 terms and conditions as the National Agency determines from 13 time to time. 14 (3) Subsection (2) is subject to any relevant industrial award or 15 agreement that applies to the staff. 16 32 Staff seconded to National Agency 17 The National Agency may make arrangements for the services 18 of any staff of a government agency of any participating 19 jurisdiction or the Commonwealth to be made available to the 20 National Agency in connection with the exercise of any of the 21 functions of the National Agency. 22 33 Consultants 23 (1) The National Agency may engage persons with suitable 24 qualifications and experience as consultants. 25 (2) The terms and conditions of engagement of consultants are 26 such as the National Agency determines from time to time. 27 Page 25

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 34] Division 5 Reporting obligations 1 34 Progress reports 2 (1) The National Agency is to prepare a report on progress made 3 in the implementation of the national registration and 4 accreditation scheme (a progress report). 5 (2) The first progress report is to be made in relation to the period 6 commencing when the National Agency is established and 7 ending on the following 30 June. 8 (3) After that, a progress report is to be made in relation to each 9 subsequent period of 6 months. 10 (4) The Ministerial Council may give directions as to the manner 11 in which a progress report is to be prepared and the matters 12 which must be addressed in the progress report. 13 (5) A progress report must be submitted to the Ministerial 14 Council within 3 months after the end of the period to which 15 the report relates. 16 (6) The Ministerial Council may extend the period for submission 17 of a progress report to the Council. 18 (7) The progress report for a period ending on 30 June may be 19 presented in the form of a single report with the annual report 20 of the National Agency for a period ending on that date. 21 35 Annual report 22 (1) The National Agency must, within 3 months after the end of 23 each financial year-- 24 (a) prepare an annual report for that financial year; and 25 (b) submit the annual report to the Ministerial Council. 26 (2) The first annual report of the National Agency is to be made 27 within 3 months after the end of the financial year ending on 28 30 June 2010, and is to cover the period commencing when 29 the National Agency is established and ending on 30 June 30 2010. 31 Page 26

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 4 Australian Health Practitioner Regulation Agency [s 36] (3) The Ministerial Council may give directions as to the manner 1 in which the annual report is to be prepared and the matters 2 which must be addressed in the annual report. 3 (4) The annual report must include a financial statement for the 4 National Agency, and for the National Boards, for the period 5 to which the report relates. 6 (5) The financial statement is to be audited, and a report is to be 7 provided by the auditor, in accordance with arrangements 8 approved by the Ministerial Council. 9 (6) The Ministerial Council is to make arrangements for the 10 tabling of the annual report of the National Agency, and the 11 report of the auditor with respect to the financial statement in 12 the report, in the Parliament of each participating jurisdiction 13 and the Commonwealth. 14 (7) The Ministerial Council may extend, or further extend, the 15 period for submission of an annual report to the Council by a 16 total period of up to 3 months. 17 36 Reporting by National Boards 18 (1) A National Board must, on the request of the National 19 Agency, provide the National Agency with such information 20 as the National Agency requires to compile its annual report 21 in each year, including-- 22 (a) a report on the National Board's performance of its 23 functions under this Law; and 24 (b) a statement of the income and expenditure of the 25 National Board for the period to which the annual report 26 relates, presented by reference to the budget of the 27 National Board for that period. 28 (2) The information provided by the National Board is to be 29 incorporated in the relevant annual report for the National 30 Agency. 31 Page 27

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 5 National Boards [s 37] Part 5 National Boards 1 Division 1 National Boards 2 37 Establishment of National Boards 3 Each of the following National Health Practitioner Boards is 4 established for the health profession listed beside that Board 5 in the following table-- 6 Table National Boards Name of Board Health profession Chiropractic Board of Australia chiropractic Dental Board of Australia dental (including the profession of a dentist, dental therapist, dental hygienist or dental prosthetist) Medical Board of Australia medical Nursing and Midwifery Board of nursing and midwifery Australia Optometry Board of Australia optometry Osteopathy Board of Australia osteopathy Pharmacy Board of Australia pharmacy Physiotherapy Board of Australia physiotherapy Podiatry Board of Australia podiatry Psychology Board of Australia psychology 38 Membership of National Boards 7 (1) A National Board is to consist of members appointed in 8 writing by the Ministerial Council. 9 (2) Members of a National Board are to be appointed as 10 practitioner members or community members. 11 Page 28

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 5 National Boards [s 39] (3) Subject to this section, the Ministerial Council may determine 1 the size and composition of a National Board. 2 (4) At least half, but not more than two-thirds, of the members of 3 a National Board must be persons appointed as practitioner 4 members. 5 (5) At least 2 of the members of a National Board must be 6 persons appointed as community members. 7 (6) One of the practitioner members of the National Board is to be 8 appointed as Chairperson of the Board by the Ministerial 9 Council. 10 (7) Schedule 3 sets out provisions relating to a National Board. 11 39 Eligibility for appointment 12 (1) In deciding whether to appoint a person as a member of a 13 National Board, the Ministerial Council is to have regard to 14 the skills and experience of the person that are relevant to the 15 Board's functions. 16 (2) A person is eligible to be appointed as a practitioner member 17 only if the person is a registered health practitioner in the 18 health profession for which the Board is established. 19 (3) A person is eligible to be appointed as a community member 20 of a National Board only if the person is not a registered 21 health practitioner in the health profession for which the 22 Board is established and has not previously been a registered 23 health practitioner in that health profession. 24 (4) A person is not eligible to be appointed as a member of a 25 National Board if-- 26 (a) in the case of appointment as a practitioner member, the 27 person has ceased to be a registered health practitioner 28 in the health profession for which the Board is 29 established, in any participating jurisdiction, as a result 30 of the person's misconduct, impairment or 31 incompetence; or 32 Page 29

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 5 National Boards [s 40] (b) in any case, the person has, at any time, been found 1 guilty of an offence (whether in a participating 2 jurisdiction or elsewhere) that, in the opinion of the 3 Ministerial Council, renders the person unfit to hold the 4 office of member. 5 40 Vacancies to be advertised 6 (1) Before the Ministerial Council appoints any member of a 7 National Board, the vacancy or vacancies to be filled are to be 8 publicly advertised. 9 (2) For the first members of a National Board, it is sufficient 10 compliance with this section if the vacancies are publicly 11 advertised before the enactment of this Law. 12 (3) The National Agency may assist the Ministerial Council in the 13 process of appointing members of a National Board, including 14 in the advertising of vacancies. 15 (4) It is not necessary to advertise a vacancy in the membership of 16 a National Board before appointing a person to act in the 17 office of a member. 18 Note-- 19 The general interpretation provisions applicable to this Law under 20 section 5 confer power to appoint acting members of a National Board. 21 41 Members to act in public interest 22 (1) A member of a National Board is to act impartially and in the 23 public interest in the exercise of his or her functions as a 24 member. 25 (2) Accordingly, a member of a National Board is to put the 26 public interest before the interests of particular health 27 practitioners or any body or organisation that represents health 28 practitioners. 29 Page 30

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 5 National Boards [s 42] Division 2 Functions and powers of National 1 Boards 2 42 Functions of National Boards 3 (1) The functions of a National Board are as follows-- 4 (a) to oversee the development of health profession 5 standards for the health profession for which the Board 6 is established for approval by the Ministerial Council; 7 (b) to negotiate in good faith with, and attempt to come to 8 an agreement with, the National Agency on the terms of 9 a health profession agreement for the health profession 10 for which it is established; 11 (c) to provide advice to the Ministerial Council on issues 12 relating to the development and implementation of the 13 national registration and accreditation scheme for the 14 health profession for which it is established; 15 (d) when requested by the Ministerial Council, to give to the 16 Ministerial Council any assistance or information 17 reasonably required by the Ministerial Council in 18 connection with the development and implementation of 19 the national registration and accreditation scheme; 20 (e) in anticipation of the commencement of the national 21 registration and accreditation scheme, to do anything 22 else that is necessary or convenient for the purpose of 23 preparing the National Board to exercise any other 24 function that the COAG Agreement provides is to be 25 conferred on the National Board under the scheme. 26 Note-- 27 The functions that the COAG Agreement provides are to be conferred 28 on a National Board or its committees include-- 29 (a) approving a list of accredited courses of study that meet the 30 qualifications for registration as a health practitioner; and 31 (b) overseeing the registration of persons as health practitioners; and 32 (c) overseeing the assessment of overseas trained health practitioners; 33 and 34 Page 31

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 5 National Boards [s 43] (d) conducting investigations and disciplinary hearings in relation to 1 the conduct, competence or impairment of health practitioners, 2 and monitoring conditions imposed on the practice of health 3 practitioners. 4 (2) A National Board has the other functions conferred or 5 imposed on it-- 6 (a) by or under this Law; and 7 (b) by or under any law of this or any other participating 8 jurisdiction. 9 (3) A National Board is to exercise its functions in accordance 10 with any directions given by the Ministerial Council under a 11 power conferred by this Law. 12 Note-- 13 This Law permits the Ministerial Council to give policy directions to a 14 National Board and to give directions for the purpose of resolving 15 disputes over health profession agreements. The COAG Agreement 16 provides that the Ministerial Council will not have power under the 17 scheme to intervene in any registration or disciplinary decisions relating 18 to individuals or decisions relating to the accreditation of particular 19 courses. 20 43 Powers of National Boards 21 A National Board has the powers necessary to enable it to 22 perform its functions. 23 44 Boards may obtain assistance 24 A National Board may, for the purposes of exercising its 25 functions, obtain the assistance of or advice from any local 26 registration authority or any other person or body having 27 knowledge of matters relating to the health profession for 28 which it is established. 29 45 Committees 30 (1) A National Board may establish committees to do any of the 31 following-- 32 Page 32

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 6 Finance [s 46] (a) to develop health profession standards with respect to a 1 particular health profession; 2 (b) to exercise any functions of the Board or to provide 3 assistance to the Board in the exercise of its functions. 4 (2) A health profession standard that is developed by a committee 5 of a National Board is to be submitted to the National Board 6 for its consideration. 7 Note-- 8 The Ministerial Council can approve a health profession standard only if 9 its approval is recommended by the National Board. 10 (3) Members of a committee are to be selected and appointed in 11 accordance with a procedure approved by the Ministerial 12 Council. 13 46 Delegation of functions 14 (1) A National Board may delegate any of the functions of the 15 National Board to any of its committees or to the National 16 Agency, other than this power of delegation. 17 (2) The Agency Management Committee may subdelegate any 18 function delegated to the National Agency by a National 19 Board to any member of staff of the National Agency. 20 Part 6 Finance 21 47 Australian Health Practitioner Regulation Agency Fund 22 (1) The Australian Health Practitioner Regulation Agency Fund 23 is established. 24 (2) The Agency Fund is a fund to be administered by the National 25 Agency. 26 (3) The National Agency may establish accounts with any 27 financial institution for money in the Agency Fund. 28 Page 33

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 6 Finance [s 48] (4) The Agency Fund does not form part of the consolidated fund 1 of any jurisdiction. 2 48 Payments into Agency Fund 3 There is payable into the Agency Fund-- 4 (a) all money appropriated by the Parliament of any 5 participating jurisdiction or the Commonwealth for the 6 purposes of the fund; and 7 (b) the proceeds of the investment of money in the fund; and 8 (c) all money directed or authorised to be paid into the fund 9 by or under this Law, any law of a participating 10 jurisdiction or any law of the Commonwealth. 11 49 Payments out of Agency Fund 12 Payments may be made from the Agency Fund, subject to any 13 directions of the Ministerial Council, for the purpose of-- 14 (a) paying any costs or expenses, or discharging any 15 liabilities, incurred by the National Agency in the 16 exercise of its functions; and 17 (b) paying any costs or expenses, or discharging any 18 liabilities, incurred, in the exercise of functions under 19 this Law, by a National Board, any of its committees or 20 any person or body appointed to develop health 21 profession standards under this Law; and 22 (c) paying any remuneration or allowances of staff of the 23 National Agency or the members of the Agency 24 Management Committee, the National Boards or any of 25 their committees. 26 50 Investment of money in Agency Fund 27 The National Agency may invest money in the Agency Fund 28 in any manner approved by the Ministerial Council. 29 Page 34

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 6 Finance [s 51] 51 Duties of National Agency and Boards with respect to 1 financial management 2 (1) The National Agency must-- 3 (a) ensure that its operations are carried out efficiently, 4 effectively and economically; and 5 (b) keep proper books and records in relation to the Agency 6 Fund; and 7 (c) ensure that expenditure is made from the Agency Fund 8 for lawful purposes only and, as far as possible, 9 reasonable value is obtained for moneys expended from 10 the fund; and 11 (d) ensure that its procedures, including internal control 12 procedures, afford adequate safeguards with respect 13 to-- 14 (i) the correctness, regularity and propriety of 15 payments made from the Agency Fund; and 16 (ii) receiving and accounting for payments made to the 17 Agency Fund; and 18 (iii) prevention of fraud or mistake; and 19 (e) take any action necessary to ensure the preparation of 20 accurate financial statements for inclusion in its annual 21 report; and 22 (f) take any action necessary to facilitate the audit of those 23 financial statements in accordance with this Law; and 24 (g) arrange for any further audit by a qualified person of the 25 books and records kept by the National Agency in 26 relation to the Agency Fund, if directed to do so by the 27 Ministerial Council. 28 (2) A National Board must-- 29 (a) ensure that its operations are carried out efficiently, 30 effectively and economically; and 31 Page 35

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 7 Miscellaneous [s 52] (b) take any action necessary to ensure that the National 1 Agency is able to comply with this section in relation to 2 the funding of the National Board and its committees. 3 Part 7 Miscellaneous 4 52 General duties of persons engaged in the administration 5 of this Law 6 (1) A person engaged in the administration of this Law must, 7 when exercising his or her functions under this Law, act 8 honestly and with integrity. 9 (2) A person engaged in the administration of this Law must 10 exercise his or her functions under this Law-- 11 (a) in good faith; and 12 (b) in a financially responsible manner; and 13 (c) with a reasonable degree of care, diligence and skill. 14 (3) A person engaged in the administration of this Law must not 15 make improper use of his or her position, or of information 16 that comes to the person's knowledge in the course of, or 17 because of, the person's engagement in the administration of 18 this Law-- 19 (a) to gain an advantage for himself or herself or another 20 person, or 21 (b) to cause a detriment to the development, implementation 22 or operation of the national registration and 23 accreditation scheme. 24 53 Duty of confidentiality 25 (1) A person who is, or has been, a person engaged in the 26 administration of this Law must not disclose to another person 27 protected information. 28 Page 36

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Part 7 Miscellaneous [s 54] Maximum penalty--$3,000. 1 (2) However, subsection (1) does not apply if the information is 2 disclosed-- 3 (a) in the exercise of a function under, or for the purposes 4 of, this Law; or 5 (b) for the purposes of a legal proceeding; or 6 (c) as authorised or required by any law of this or any other 7 participating jurisdiction; or 8 (d) as otherwise authorised by the Ministerial Council. 9 (3) In this section-- 10 protected information means information that comes to a 11 person's knowledge in the course of, or because of, the 12 person's engagement in the administration of this Law. 13 54 Protection from personal liability 14 (1) A protected person is not personally liable for anything done 15 or omitted to be done in good faith-- 16 (a) in the exercise of a function under this Law; or 17 (b) in the reasonable belief that the act or omission was the 18 exercise of such a function. 19 (2) Any liability resulting from an act or omission that would, but 20 for subsection (1), attach to a protected person attaches 21 instead to the National Agency. 22 (3) In this section-- 23 protected person means any of the following-- 24 (a) a member of the Agency Management Committee; 25 (b) a member of a National Board or a committee of the 26 National Board; 27 (c) a member of staff of the National Agency. 28 Page 37

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 1 Schedule 1 Constitution and procedure of 1 Advisory Council 2 section 17 3 Part 1 General 4 1 Definitions 5 In this schedule-- 6 Chairperson means the Chairperson of the Advisory Council. 7 member means a member of the Advisory Council. 8 Part 2 Constitution 9 2 Terms of office of members 10 Subject to this schedule, a member holds office for the period 11 (not exceeding 3 years) specified in the member's instrument 12 of appointment, but is eligible (if otherwise qualified) for 13 reappointment. 14 3 Remuneration 15 A member is entitled to be paid such remuneration (including 16 travelling and subsistence allowances) as the Ministerial 17 Council may from time to time determine with respect to the 18 member. 19 4 Vacancy in office of member 20 (1) The office of a member becomes vacant if the member-- 21 (a) completes his or her term of office; or 22 Page 38

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 1 (b) resigns the office by instrument in writing addressed to 1 the Chairperson of the Ministerial Council; or 2 (c) is removed from office by the Chairperson of the 3 Ministerial Council under this clause; or 4 (d) dies. 5 (2) The Chairperson of the Ministerial Council may remove a 6 member from office if-- 7 (a) the member has been found guilty of an offence 8 (whether in a participating jurisdiction or elsewhere) 9 that, in the opinion of the Chairperson of the Ministerial 10 Council, renders the member unfit to continue to hold 11 the office of member; or 12 (b) the member ceases to be a registered health practitioner 13 as a result of the member's misconduct, impairment or 14 incompetence; or 15 (c) the Advisory Council recommends the removal of the 16 member, on the basis that the member has engaged in 17 misconduct or has failed or is unable to properly 18 exercise his or her functions as a member. 19 (3) In addition, the Chairperson of the Ministerial Council may 20 remove the Chairperson of the Advisory Council from office 21 as a member if the Chairperson of the Advisory Council 22 becomes a registered health practitioner. 23 5 Extension of term of office during vacancy in 24 membership 25 (1) If the office of a member becomes vacant because the member 26 has completed his or her term of office, the member is taken to 27 continue to be a member during that vacancy until the date on 28 which the vacancy is filled (whether by reappointment of the 29 member or appointment of a successor to the member). 30 (2) However, this clause ceases to apply to the member if-- 31 (a) the member resigns his or her office by instrument in 32 writing addressed to the Chairperson of the Ministerial 33 Council; or 34 Page 39

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 1 (b) the Chairperson of the Ministerial Council determines 1 that the services of the member are no longer required. 2 (3) The maximum period for which a member is taken to continue 3 to be a member under this clause after completion of his or her 4 term of office is 6 months. 5 6 Disclosure of conflict of interest 6 (1) If-- 7 (a) a member has a direct or indirect pecuniary or other 8 interest in a matter being considered or about to be 9 considered at a meeting of the Advisory Council; and 10 (b) the interest appears to raise a conflict with the proper 11 performance of the member's duties in relation to the 12 consideration of the matter; 13 the member must, as soon as possible after the relevant facts 14 have come to the member's knowledge, disclose the nature of 15 the interest at a meeting of the Advisory Council. 16 (2) Particulars of any disclosure made under this clause must be 17 recorded by the Advisory Council in a book kept for the 18 purpose. 19 (3) After a member has disclosed the nature of an interest in any 20 matter, the member must not, unless the Ministerial Council 21 or the Advisory Council otherwise determines-- 22 (a) be present during any deliberation of the Advisory 23 Council with respect to the matter; or 24 (b) take part in any decision of the Advisory Council with 25 respect to the matter. 26 (4) For the purposes of the making of a determination by the 27 Advisory Council under subclause (3), a member who has a 28 direct or indirect pecuniary or other interest in a matter to 29 which the disclosure relates must not-- 30 (a) be present during any deliberation of the Advisory 31 Council for the purpose of making the determination; or 32 Page 40

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 1 (b) take part in the making by the Advisory Council of the 1 determination. 2 (5) A contravention of this clause does not invalidate any decision 3 of the Advisory Council. 4 Part 3 Procedure 5 7 General procedure 6 The procedure for the calling of meetings of the Advisory 7 Council and for the conduct of business at those meetings is, 8 subject to this Law, to be as determined by the Advisory 9 Council. 10 8 Quorum 11 The quorum for a meeting of the Advisory Council is a 12 majority of its members for the time being. 13 9 Presiding member 14 The Chairperson (or, in the absence of the Chairperson, a 15 person elected by the members of the Advisory Council who 16 are present at a meeting of the Advisory Council) is to preside 17 at a meeting of the Advisory Council. 18 10 Transaction of business outside meetings or by 19 telephone 20 (1) The Advisory Council may, if it thinks fit, transact any of its 21 business by the circulation of papers among all the members 22 of the Advisory Council for the time being, and a resolution in 23 writing approved in writing by a majority of those members is 24 taken to be a decision of the Advisory Council. 25 (2) The Advisory Council may, if it thinks fit, transact any of its 26 business at a meeting at which members (or some members) 27 Page 41

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 1 participate by telephone, closed-circuit television or other 1 means, but only if any member who speaks on a matter before 2 the meeting can be heard by the other members. 3 (3) For the purposes of-- 4 (a) the approval of a resolution under subclause (1); or 5 (b) a meeting held in accordance with subclause (2); 6 the Chairperson and each member have the same voting rights 7 as they have at an ordinary meeting of the Advisory Council. 8 (4) A resolution approved under subclause (1) is, subject to any 9 directions of the Ministerial Council, to be recorded in the 10 minutes of the meetings of the Advisory Council. 11 (5) Papers may be circulated among the members for the 12 purposes of subclause (1) by facsimile, email or other 13 transmission of the information in the papers concerned. 14 11 First meeting 15 The Chairperson may call the first meeting of the Advisory 16 Council in any manner the Chairperson thinks fit. 17 Page 42

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 2 Schedule 2 Constitution and procedure of 1 Agency Management 2 Committee 3 section 24 4 Part 1 General 5 1 Definitions 6 In this schedule-- 7 Chairperson means the Chairperson of the Committee. 8 Committee means the Agency Management Committee. 9 member means a member of the Committee. 10 Part 2 Constitution 11 2 Terms of office of members 12 Subject to this schedule, a member holds office for the period 13 (not exceeding 3 years) specified in the member's instrument 14 of appointment, but is eligible (if otherwise qualified) for 15 reappointment. 16 3 Remuneration 17 A member is entitled to be paid such remuneration (including 18 travelling and subsistence allowances) as the Ministerial 19 Council may from time to time determine with respect to the 20 member. 21 Page 43

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 2 4 Vacancy in office of member 1 (1) The office of a member becomes vacant if the member-- 2 (a) completes a term of office; or 3 (b) resigns the office by instrument in writing addressed to 4 the Chairperson of the Ministerial Council; or 5 (c) is removed from office by the Chairperson of the 6 Ministerial Council under this clause; or 7 (d) is absent, without leave first being granted by the 8 Chairperson of the Committee, from 3 or more 9 consecutive meetings of the Committee of which 10 reasonable notice has been given to the member 11 personally or by post; or 12 (e) dies. 13 (2) The Chairperson of the Ministerial Council may remove a 14 member from office if-- 15 (a) the member has been found guilty of an offence 16 (whether in a participating jurisdiction or elsewhere) 17 that, in the opinion of the Chairperson of the Ministerial 18 Council, renders the member unfit to continue to hold 19 the office of member; or 20 (b) the member ceases to be a registered health practitioner 21 as a result of the member's misconduct, impairment or 22 incompetence; or 23 (c) the member becomes bankrupt, applies to take the 24 benefit of any law for the relief of bankrupt or insolvent 25 debtors, compounds with his or her creditors or makes 26 an assignment of his or her remuneration for their 27 benefit; or 28 (d) the Committee recommends the removal of the member, 29 on the basis that the member has engaged in misconduct 30 or has failed or is unable to properly exercise his or her 31 functions as a member. 32 (3) In addition, the Chairperson of the Ministerial Council may 33 remove the Chairperson of the Committee from office as a 34 Page 44

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 2 member if the Chairperson of the Committee becomes a 1 registered health practitioner. 2 5 Extension of term of office during vacancy in 3 membership 4 (1) If the office of a member becomes vacant because the member 5 has completed his or her term of office, the member is taken to 6 continue to be a member during that vacancy until the date on 7 which the vacancy is filled (whether by reappointment of the 8 member or appointment of a successor to the member). 9 (2) However, this clause ceases to apply to the member if-- 10 (a) the member resigns his or her office by instrument in 11 writing addressed to the Chairperson of the Ministerial 12 Council; or 13 (b) the Chairperson of the Ministerial Council determines 14 that the services of the member are no longer required. 15 (3) The maximum period for which a member is taken to continue 16 to be a member under this clause after completion of his or her 17 term of office is 6 months. 18 6 Disclosure of conflict of interest 19 (1) If-- 20 (a) a member has a direct or indirect pecuniary or other 21 interest in a matter being considered or about to be 22 considered at a meeting of the Committee; and 23 (b) the interest appears to raise a conflict with the proper 24 performance of the member's duties in relation to the 25 consideration of the matter; 26 the member must, as soon as possible after the relevant facts 27 have come to the member's knowledge, disclose the nature of 28 the interest at a meeting of the Committee. 29 (2) Particulars of any disclosure made under this clause must be 30 recorded by the Committee in a book kept for the purpose. 31 Page 45

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 2 (3) After a member has disclosed the nature of an interest in any 1 matter, the member must not, unless the Ministerial Council 2 or the Committee otherwise determines-- 3 (a) be present during any deliberation of the Committee 4 with respect to the matter; or 5 (b) take part in any decision of the Committee with respect 6 to the matter. 7 (4) For the purposes of the making of a determination by the 8 Committee under subclause (3), a member who has a direct or 9 indirect pecuniary or other interest in a matter to which the 10 disclosure relates must not-- 11 (a) be present during any deliberation of the Committee for 12 the purpose of making the determination; or 13 (b) take part in the making by the Committee of the 14 determination. 15 (5) A contravention of this clause does not invalidate any decision 16 of the Committee. 17 Part 3 Procedure 18 7 General procedure 19 The procedure for the calling of meetings of the Committee 20 and for the conduct of business at those meetings is, subject to 21 this Law, to be as determined by the Committee. 22 8 Quorum 23 The quorum for a meeting of the Committee is a majority of 24 its members for the time being. 25 Page 46

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 2 9 Chief executive officer may attend meetings 1 The chief executive officer of the National Agency may attend 2 meetings of the Committee and may participate in discussions 3 of the Committee, but is not entitled to vote at a meeting. 4 10 Presiding member 5 (1) The Chairperson (or, in the absence of the Chairperson, a 6 person elected by the members of the Committee who are 7 present at a meeting of the Committee) is to preside at a 8 meeting of the Committee. 9 (2) The presiding member has a deliberative vote and, in the event 10 of an equality of votes, has a second or casting vote. 11 11 Voting 12 A decision supported by a majority of the votes cast at a 13 meeting of the Committee at which a quorum is present is the 14 decision of the Committee. 15 12 Transaction of business outside meetings or by 16 telephone 17 (1) The Committee may, if it thinks fit, transact any of its business 18 by the circulation of papers among all the members of the 19 Committee for the time being, and a resolution in writing 20 approved in writing by a majority of those members is taken 21 to be a decision of the Committee. 22 (2) The Committee may, if it thinks fit, transact any of its business 23 at a meeting at which members (or some members) participate 24 by telephone, closed-circuit television or other means, but 25 only if any member who speaks on a matter before the 26 meeting can be heard by the other members. 27 (3) For the purposes of-- 28 (a) the approval of a resolution under subclause (1); or 29 (b) a meeting held in accordance with subclause (2); 30 Page 47

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 2 the Chairperson and each member have the same voting rights 1 as they have at an ordinary meeting of the Committee. 2 (4) A resolution approved under subclause (1) is, subject to any 3 directions of the Ministerial Council, to be recorded in the 4 minutes of the meetings of the Committee. 5 (5) Papers may be circulated among the members for the 6 purposes of subclause (1) by facsimile, email or other 7 transmission of the information in the papers concerned. 8 13 First meeting 9 The Chairperson may call the first meeting of the Committee 10 in any manner the Chairperson thinks fit. 11 14 Defects in appointment of members 12 A decision of the Committee is not invalidated by any defect 13 or irregularity in the appointment of any member of the 14 Committee. 15 Page 48

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 3 Schedule 3 Constitution and procedure of 1 National Boards 2 section 38 3 Part 1 General 4 1 Definitions 5 In this schedule-- 6 Chairperson means the Chairperson of a National Board. 7 community member means a member of a National Board 8 appointed as a community member. 9 member means a member of a National Board. 10 practitioner member means a member of a National Board 11 appointed as a practitioner member. 12 Part 2 Constitution 13 2 Terms of office of members 14 Subject to this schedule, a member holds office for the period 15 (not exceeding 3 years) specified in the member's instrument 16 of appointment, but is eligible (if otherwise qualified) for 17 reappointment. 18 3 Remuneration 19 A member is entitled to be paid such remuneration (including 20 travelling and subsistence allowances) as the Ministerial 21 Council may from time to time determine with respect to the 22 member. 23 Page 49

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 3 4 Vacancy in office of member 1 (1) The office of a member becomes vacant if the member-- 2 (a) completes a term of office; or 3 (b) resigns the office by instrument in writing addressed to 4 the Chairperson of the Ministerial Council; or 5 (c) is removed from office by the Chairperson of the 6 Ministerial Council under this clause; or 7 (d) is absent, without leave first being granted by the 8 Chairperson of the Board, from 3 or more consecutive 9 meetings of the National Board of which reasonable 10 notice has been given to the member personally or by 11 post; or 12 (e) dies. 13 (2) The Chairperson of the Ministerial Council may remove a 14 member from office if-- 15 (a) the member has been found guilty of an offence 16 (whether in a participating jurisdiction or elsewhere) 17 that, in the opinion of the Chairperson of the Ministerial 18 Council, renders the member unfit to continue to hold 19 the office of member; or 20 (b) the member ceases to be a registered health practitioner 21 as a result of the member's misconduct, impairment or 22 incompetence; or 23 (c) the member ceases to be eligible for appointment to the 24 office that the member holds on the National Board; or 25 (d) the member becomes bankrupt, applies to take the 26 benefit of any law for the relief of bankrupt or insolvent 27 debtors, compounds with his or her creditors or makes 28 an assignment of his or her remuneration for their 29 benefit; or 30 (e) the National Board recommends the removal of the 31 member, on the basis that the member has engaged in 32 misconduct or has failed or is unable to properly 33 exercise his or her functions as a member. 34 Page 50

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 3 5 Extension of term of office during vacancy in 1 membership 2 (1) If the office of a member becomes vacant because the member 3 has completed his or her term of office, the member is taken to 4 continue to be a member during that vacancy until the date on 5 which the vacancy is filled (whether by reappointment of the 6 member or appointment of a successor to the member). 7 (2) However, this clause ceases to apply to the member if-- 8 (a) the member resigns his or her office by instrument in 9 writing addressed to the Chairperson of the Ministerial 10 Council; or 11 (b) the Chairperson of the Ministerial Council determines 12 that the services of the member are no longer required. 13 (3) The maximum period for which a member is taken to continue 14 to be a member under this clause after completion of his or her 15 term of office is 6 months. 16 6 Disclosure of conflict of interest 17 (1) If-- 18 (a) a member has a direct or indirect pecuniary or other 19 interest in a matter being considered or about to be 20 considered at a meeting of the National Board; and 21 (b) the interest appears to raise a conflict with the proper 22 performance of the member's duties in relation to the 23 consideration of the matter; 24 the member must, as soon as possible after the relevant facts 25 have come to the member's knowledge, disclose the nature of 26 the interest at a meeting of the National Board. 27 (2) Particulars of any disclosure made under this clause must be 28 recorded by the National Board in a book kept for the purpose. 29 (3) After a member has disclosed the nature of an interest in any 30 matter, the member must not, unless the Ministerial Council 31 or the National Board otherwise determines-- 32 (a) be present during any deliberation of the National Board 33 with respect to the matter; or 34 Page 51

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 3 (b) take part in any decision of the National Board with 1 respect to the matter. 2 (4) For the purposes of the making of a determination by the 3 National Board under subclause (3), a member who has a 4 direct or indirect pecuniary or other interest in a matter to 5 which the disclosure relates must not-- 6 (a) be present during any deliberation of the National Board 7 for the purpose of making the determination; or 8 (b) take part in the making by the National Board of the 9 determination. 10 (5) A contravention of this clause does not invalidate any decision 11 of the National Board. 12 (6) This clause applies to a member of a committee of a National 13 Board and the committee in the same way as it applies to a 14 member of the National Board and the National Board. 15 Part 3 Procedure 16 7 General procedure 17 The procedure for the calling of meetings of the National 18 Board and for the conduct of business at those meetings is, 19 subject to this Law, to be as determined by the National 20 Board. 21 8 Quorum 22 The quorum for a meeting of the National Board is a majority 23 of its members for the time being at least one of whom is a 24 community member. 25 9 Presiding member 26 (1) The Chairperson (or, in the absence of the Chairperson, a 27 person elected by the members of the National Board who are 28 Page 52

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 3 present at a meeting of the National Board) is to preside at a 1 meeting of the National Board. 2 (2) The presiding member has a deliberative vote and, in the event 3 of an equality of votes, has a second or casting vote. 4 10 Voting 5 A decision supported by a majority of the votes cast at a 6 meeting of the National Board at which a quorum is present is 7 the decision of the National Board. 8 11 Transaction of business outside meetings or by 9 telephone 10 (1) The National Board may, if it thinks fit, transact any of its 11 business by the circulation of papers among all the members 12 of the National Board for the time being, and a resolution in 13 writing approved in writing by a majority of those members is 14 taken to be a decision of the National Board. 15 (2) The National Board may, if it thinks fit, transact any of its 16 business at a meeting at which members (or some members) 17 participate by telephone, closed-circuit television or other 18 means, but only if any member who speaks on a matter before 19 the meeting can be heard by the other members. 20 (3) For the purposes of-- 21 (a) the approval of a resolution under subclause (1); or 22 (b) a meeting held in accordance with subclause (2); 23 the Chairperson and each member have the same voting rights 24 as they have at an ordinary meeting of the National Board. 25 (4) A resolution approved under subclause (1) is, subject to any 26 directions of the Ministerial Council, to be recorded in the 27 minutes of the meetings of the National Board. 28 (5) Papers may be circulated among the members for the 29 purposes of subclause (1) by facsimile, email or other 30 transmission of the information in the papers concerned. 31 Page 53

 


 

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Schedule 3 12 First meeting 1 The Chairperson may call the first meeting of the National 2 Board in any manner the Chairperson thinks fit. 3 13 Defects in appointment of members 4 A decision of the National Board or of a committee of the 5 National Board is not invalidated by any defect or irregularity 6 in the appointment of any member (or acting member) of the 7 National Board or of a committee of the National Board. 8 © State of Queensland 2008 Page 54

 


 

AMENDMENTS TO BILL

Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Health Practitioner Regulation (Administrative Arrangements) National Law Bill 2008 Amendments agreed to during Consideration 1 Clause 4 (Health Practitioner Regulation (Administrative Arrangements) National Law) At page 7, line 8, after `in'-- insert-- `the schedule to'. 2 Health Practitioner Regulation (Administrative Arrangements) National Law-- At page 9, line 1, before `Health'-- insert-- `Schedule'. © State of Queensland 2008

 


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