Australian Capital Territory
Health Professionals Regulation 2004    
SL2004-41
made under the
Health Professionals Act 2004
Republication No 27
Effective:  12 December 2011 – 30 June 2012
Republication date: 12 December 2011
Last amendment made by A2011-52

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Health Professionals Regulation 2004, made under the Health Professionals Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2011.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2011.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Health Professionals Regulation 2004
made under the
Health Professionals Act 2004
    
Contents
	Page
Chapter 1	Preliminary
	1	Name of regulation	2
	3	Dictionary	2
	3A	Offences against regulation—application of Criminal Code etc	2
Chapter 2	Health profession boards
Part 2.1	Establishment of health profession boards
	4	Establishment of health profession boards	3
Part 2.2	Health profession board members
	5	Board president	4
	6	Board deputy president	5
	7	Eligibility to remain in office—board president	5
	8	Eligibility to remain in office—board deputy president	5
	9	Board members—election or appointment	6
	10	Appointment of board members	6
	11	Consultation about appointment to board	7
	12	Community representatives	8
	13	Eligibility to remain in office—board members	8
	14	Proposal to remove board member	8
	15	Decision on application to remove board member	9
	16	Leave of board members	10
	17	Payment of board members	10
	18	Payment of assistants	10
	19	Extraordinary expenses etc of health profession boards	11
	20	Employment of staff	11
	21	Functions of executive officer	11
	22	Delegation by board	12
Part 2.3	Elections
Division 2.3.1	General
	23	Definitions for pt 2.3	13
	24	Dates for elections	15
	26	List of health professionals	16
	27	Registered health professionals to be notified of dates	17
	28	Eligibility for nominations etc	17
	29	Nominations	18
	30	Hour of nomination	19
	31	Withdrawal of nomination	19
	32	Application of Electoral Act, s 110	19
	33	Declaration of candidates	20
	34	If no more candidates than positions	20
	35	If no candidates	21
	36	If more candidates than positions	21
	37	Eligibility to vote	21
	38	Number of votes	21
	39	Positions on ballot paper	21
	40	Distribution of ballot papers	22
	41	Manner of voting	22
	42	Replacement of ballot papers	22
	43	After voting	23
	44	Scrutiny	24
	45	Appointment of scrutineers	24
	46	Conduct of scrutineers	24
	47	Candidates not to participate in conduct of election	25
	48	Declaration etc of results	25
	49	Term of elected board members	25
	50	Destruction of election material	25
	51	Scrutiny centres	26
	52	Approved forms for elections	26
Division 2.3.2	Application of ch 2 to first elections and suspended boards
	52A	Application of ch 2 to first election for professions previously unregulated under the Act	26
	52C	Application of ch 2 to elections if board suspended	27
Division 2.3.3	Casual and temporary vacancies in elected positions
	53	Definitions for div 2.3.3	28
	54	Notice of long casual vacancy	28
	55	Publication of notice about casual vacancy	29
	56	Candidates for casual vacancy	30
	57	Publication of candidates’ details	30
	58	Determination of candidate to fill vacancy	31
	59	Board nominees	31
	60	Term of board member declared elected under div 2.3.3	32
	61	Temporary vacancies	33
Division 2.3.4	Disputed elections
	62	Definitions for div 2.3.4	34
	63	Court of Disputed Health Elections	35
	64	Powers of the court	35
	65	Court’s decisions are final	35
	66	Validity may be disputed after election	35
	67	People entitled to dispute elections	36
	68	Form of disputed election application	36
	69	Time for filing disputed election application	37
	70	Registrar to serve copies of disputed election application	37
	71	Parties to disputed election application	37
	72	Withdrawal of disputed election application	38
	73	Hearing and decision on leave application	38
	74	Person ceasing to be respondent to disputed election application	39
	75	End of disputed election application	40
	76	Hearing disputed election applications	40
	77	Declarations and orders of court	41
	78	Illegal election practices	41
	79	Bribery or undue influence by person elected	42
	80	Immaterial delays and errors in relation to elections	43
	81	Inquiries by court	43
	82	Rejected ballot papers	43
	83	Evidence that people were not allowed to vote	44
	84	Inspection of electoral papers	44
	85	Commissioner not prevented from accessing documents	44
	86	Registrar to serve copies of court declarations on certain people	45
	87	Effect of court declarations	45
	88	Court procedure	45
	89	Legal representation limited in court proceeding	46
	90	Costs may be ordered against Territory	46
Division 2.3.5	Electoral offences
	91	Multiple votes prohibited	46
	92	Interference with voting	46
	93	Giving completed ballot papers to commissioner	47
	94	Opening envelopes containing ballot papers	47
	95	Influencing of votes by officers	48
	96	Violence and intimidation	48
	97	Voting fraud	48
Part 2.4	Health profession board meetings
	98	When are board meetings held?	50
	99	Board meetings usually in public	50
	100	Ministerial referrals to board	50
	101	Presence at board meetings	51
	102	Presiding member at board meetings	51
	103	Board quorum	51
	104	Voting at board meetings	52
	105	Records of board meetings	52
	106	Board meeting procedures	53
	107	Disclosure of interests by board members	53
Part 2.5	Health profession board functions
	108	Board to seek to form ties	55
	109	Performance of board on standards	55
	110	Performance of board on applications and reports	56
	111	Board’s obligation to send renewal notices	56
Chapter 3	Registration of health professionals
Part 3.1	Applications for registration
	112	Application for registration—Act, s 37 (5) (a)	57
	113	Registration of health professionals	60
	114	Suitability to practise requirements	60
	115	General competence to practise	61
	115A	Short-term registration—Act, s 37 (5) (b)	63
	116	Conditional registration	64
	117	When is conditional registration in public interest?	64
	118	Specialist area registration	65
	119	Powers of health profession boards to require information	66
	120	Length of registration	66
	121	Practising certificate	67
	122	Replacement practising certificates	67
	123	Return of practising certificate	68
Part 3.2	End of registration and renewal
	124	When does registration end?	69
	125	Failure to meet insurance requirement	69
	126	Renewal notice for registration	69
	127	Late payment of registration	70
	128	Retrospective re-registration	70
Part 3.3	Maintaining competence and continuing professional development
	129	Obligation to maintain competence and continue professional development	72
	130	Programs for maintenance of competence	72
	131	Standards for maintenance of competence	72
	132	Use of information about continuing competence etc	73
Chapter 4	Required standard of practice
Part 4.1	Required standard of practice generally
	133	Purpose of ch 4	75
	134	Standards statements	75
	135	Pattern of practice or particular acts	76
	136	Endangering public	76
	137	Lack of competence to practise etc	77
Part 4.2	Specific breaches of the required standard of practice
	138	Purpose of pt 4.2 etc	78
	139	Breach of standards statements	78
	140	Telling board about proceedings relating to health professional	78
	141	Infection control and notifiable diseases	79
	142	Substances that affect health professional’s abilities	79
	143	Controlled medicines and prohibited substances for patients	79
	144	Inappropriate behaviour	80
	145	Reporting other health professionals	80
	146	Clinical records	80
	147	Misrepresenting facts in certificates	81
	148	Treatment by assistants	81
	149	Misleading advertising	81
	149A	Practising under allowed name	81
	150	Behaviour that contravenes another law	82
Chapter 5	The register
	151	Register	83
	152	Contents of register	83
	153	Information in register to be accessible and extractable	84
	154	Executive officer responsible for register	84
	155	Access to register	85
	156	Requests for changes of details in register	85
	157	When board must not charge fees etc for register corrections	86
Chapter 5A	Reviewable decisions
	157AA	Reviewable decisions—Act, s 47	87
	157AB	Right of review and notice—Act, s 48 and s 49 (a)	87
Chapter 6	Miscellaneous
	157A	Inspection of incorporated documents	88
	157B	Notification of certain incorporated documents	88
	157C	Approved forms—health profession boards	90
Schedule 1	Regulated professions	91
Schedule 12	Veterinary Surgeons	92
	12.1	Definitions—sch 12	92
	12.2	General area of operation of veterinary surgery profession—Act, s 22 (1) (a)	93
	12.3	Qualifications as suitability to practise requirements for veterinary surgeon—Act, s 23 (a)	93
	12.4	Specialist areas and suitability to practise requirements—Act, s 23 (c)	94
	12.5	Maintenance and demonstration of professional development, continued competence and recency of practice for veterinary surgeons—Act, s 23 (d)	94
	12.6	Board membership—Act, s 24	95
	12.7	Required insurance policy—Act, s 37 (1) (d)	96
	12.8	Conditional registration not limited	96
	12.9	Registration end date—regulation, s 120 (b) (i) and s 121 (c)	96
Schedule 15	Medical radiation scientists	97
	15.1	Definitions—sch 15	97
	15.2	General area of operation of diagnostic radiographer profession—Act, s 22 (1) (a)	98
	15.3	General area of operation of radiation therapist profession—Act, s 22 (1) (a)	99
	15.4	General area of operation of nuclear medicine scientist profession—Act, s 22 (1) (a)	99
	15.5	Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)	100
	15.6	Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)	101
	15.7	Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)	102
	15.8	Maintenance and demonstration of professional development, continued competence and recency of practice for medical radiation scientists—Act, s 23 (d)	103
	15.9	Board membership—Act, s 24	105
	15.10	Required insurance policy—Act, s 37 (1) (d)	106
	15.11	Conditional registration of student and graduate diagnostic radiographers—Act, s 37 (5) (b)	106
	15.12	Conditional registration of student and graduate radiation therapists—Act, s 37 (5) (b)	107
	15.13	Conditional registration of student and graduate nuclear medicine scientists—Act, s 37 (5) (b)	108
	15.14	Conditional registration of diagnostic radiographer with unapproved qualifications—Act, s 37 (5) (b)	109
	15.15	Conditional registration of radiation therapist with unapproved qualifications—Act, s 37 (5) (b)	110
	15.16	Conditional registration of nuclear medicine scientist with unapproved qualifications—Act, s 37 (5) (b)	111
	15.17	Conditional registration for medical radiation scientists who want to teach etc—Act, s 37 (5) (b)	112
	15.18	Conditional registration not limited	113
	15.19	Registration end date—regulation, s 120 (b) (i)	113
	15.24	Board membership—Act, s 24—transitional	113
	15.25	Expiry—s 15.20 to 15.25	114
Schedule 20	Reviewable decisions	115
Dictionary		116
Endnotes
	1	About the endnotes	121
	2	Abbreviation key	121
	3	Legislation history	122
	4	Amendment history	126
	5	Earlier republications	156

Australian Capital Territory
Health Professionals Regulation 2004     

made under the
Health Professionals Act 2004

    

  

Chapter 1	Preliminary
1	Name of regulation
This regulation is the Health Professionals Regulation 2004.
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.’ means that the term ‘prohibited substance’ is defined in that section and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and 156 (1)).
3A	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Chapter 2	Health profession boards
Part 2.1	Establishment of health profession boards
4	Establishment of health profession boards
	(1)	The health profession board mentioned in schedule 1, column 2 is established to regulate the health profession mentioned in column 3.
	(2)	Schedule 1, column 4 identifies the schedule that prescribes anything else required to be prescribed for a particular health profession.
Example of things required to be prescribed
the number of members the health profession board for the profession has, including how many members must be appointed and how many elected
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	If a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Part 2.2	Health profession board members
Note to pt 2.2
For first appointments under this part to a board for a health profession that has not previously been regulated, see div 2.3.2.
5	Board president
	(1)	The Minister must appoint a person to be president of a health profession board (the board president).
Note 1	The Minister must consult the board, and may consult other people, before appointing the board president (see s 11).
Note 2	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(2)	However, the Minister may appoint a person under subsection (1) only if the person—
	(a)	is a registered member of a health profession for which the health profession board was established; and
	(b)	has been registered for a continuous period of at least 3 years immediately before the day of appointment.
Example for par (a)
A single health profession board is established for health professions A and B.  The Minister may appoint Smith, who is and has been a member of health profession A for the required time, as president, because Smith is a registered member of a health profession for which the board was established (that is, health profession A).  Similarly, the Minister may appoint Jones, who is and has been a member of health profession B for the required time, as president.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	An appointment must be for a term of not longer than 4 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 (1) (c)).
6	Board deputy president
	(1)	A health profession board must, by majority vote, elect a board member (other than the board president) to be deputy president of the health profession board (the board deputy president).
Note	Board members (other than the board president) are appointed under s 10 or elected under pt 2.3 (Elections).
	(2)	The board deputy president may exercise a function of the board president at any time when the president cannot for any reason exercise the function.
	(3)	The board deputy president is elected for 1 year, but may be re-elected if still eligible to be elected.
	(4)	The board deputy president may resign as deputy president by written notice given to the board president or, if there is no president, the health profession board.
7	Eligibility to remain in office—board president
If the health professional who is the board president stops being registered by the health profession board, the health professional stops being board president.
8	Eligibility to remain in office—board deputy president
If the person who is board deputy president stops being a board member, the person stops being the board deputy president.
9	Board members—election or appointment
	(1)	This section applies to board members other than the board president and any board member who is a community representative.
	(2)	At least 1/2 the members to which this section applies must be appointed by the Minister under section 10.
	(3)	If the relevant health profession schedule in relation to a health profession requires a member of the board for the relevant health profession to be elected, the member must be elected under part 2.3 (Elections) unless that part requires the person to be appointed under section 10.
Note	If an election fails because there are no candidates, the Minister may be required under pt 2.3 to appoint a member who would otherwise be elected (see s 35 (2)).
10	Appointment of board members
	(1)	The Minister may appoint a person to be a member of a health profession board.
Note 1 	The Minister must consult the board, and may consult other people, before appointing board members (see s 11).
Note 2	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(2)	However, the Minister may appoint a person under subsection (1) only if the person—
	(a)	is a registered member of a health profession for which the health profession board was established; and
	(b)	has been registered for a continuous period of at least 3 years immediately before the day of the appointment.
Example
A veterinary surgeon who has been registered for 4 years may be appointed to the ACT Veterinary Surgeons Board.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	An appointment must be for not longer than 4 years.
Note 1	A board member’s appointment ends if the Minister ends the appointment or the member resigns (see Legislation Act, s 208 and s 210).
Note 2	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
	(4)	The Minister must appoint, from the community representative list, the number of community representatives to be board members that are required by the schedule that relates to the health profession.
Note 	There must be at least 1 community representative appointed as a board member (see the Act, s 24 (2) (c)).
	(5)	If a position on the health profession board to which someone was appointed under this section becomes free, the Minister must fill the position by appointing someone who satisfies the requirements for the position.
11	Consultation about appointment to board
	(1)	Before appointing someone, other than a community representative, to a health profession board the Minister must consult the board.
	(2)	The Minister may also seek advice, and nominations, from an entity the Minister considers suitable to give advice, and make nominations, in relation to the health profession board.
	(3)	Also, if the Minister considers it appropriate to do so, the Minister may appoint members to the health profession board at intervals, instead of at the same time.
Example of why Minister might consider it appropriate to appoint people at intervals
to avoid the loss of corporate knowledge that might happen if a large number of members were appointed at the same time and, because of that, left the board at the same time
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	Subsection (1) does not apply if the health profession board is suspended.
12	Community representatives
The Minister may appoint a person as a community representative to a health profession board only if the person is on the community representative list for the board.
13	Eligibility to remain in office—board members
If a registered health professional who is a board member (other than the board president) stops being registered by the health profession board, the health professional stops being a board member.
14	Proposal to remove board member
	(1)	This section applies if a board president believes on reasonable grounds that someone should no longer be a board member.
	(2)	The board president must, in writing, tell the person—
	(a)	of the president’s belief that the person should no longer be a board member; and
	(b)	why the president holds the belief; and
	(c)	that the person may, within 2 weeks after the day the person receives the notice, make a written submission to the president about why the person believes the person should continue to be a board member.
	(3)	If, after considering any submission made within the 2 weeks, the board president is satisfied that the person should no longer be a board member, the president may apply, in writing, to the Minister for the person’s removal.
	(4)	The application must—
	(a)	state the reasons why the board president believes the person should no longer be a board member; and
	(b)	be accompanied by any submission made by the person to the president within the 2 weeks.
15	Decision on application to remove board member
	(1)	This section applies if a board president applies to the Minister under section 14 (3) for a person’s removal.
	(2)	If, after considering the application and any submission accompanying it, the Minister is satisfied that the person should no longer be a board member—
	(a)	the Minister may give the board president and the person written notice that the person is no longer a member; and
	(b)	if the Minister gives the person notice—the person is no longer a member from the time the person receives the notice.
	(3)	If, after considering the application, the Minister is not satisfied that the person should no longer be a board member, the Minister must give written notice to the board president and the person to the effect that the person remains a board member.
16	Leave of board members
	(1)	The Minister may, conditionally or unconditionally, allow a board president to take leave.
	(2)	A board president may, conditionally or unconditionally, allow a board member (other than the president) to take leave for not longer than 1 year.
Note 1	The board deputy president is a board member and so can be given leave under s (2) (see s 6 (1) and s 8).
Note 2	The Minister may appoint a person to act in the position of someone on leave (see Legislation Act, s 209).
17	Payment of board members
	(1)	A health profession board may decide, in writing, the allowances to be paid to board members.
	(2)	However, if the remuneration tribunal sets a maximum amount of allowances for board members, the health profession board may not pay its members more than that amount.
18	Payment of assistants
A health profession board may pay anyone who helps the board.
Examples of ways people might help the health profession board
1	by providing expert opinion to the ACAT in relation to a report about a health professional registered by the board
2	by serving on a panel or committee established by the board
3	by providing legal advice, or other services, to the board
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
19	Extraordinary expenses etc of health profession boards
	(1)	A health profession board must, if practicable, seek the Minister’s approval before taking action under the Act that the board considers is likely to incur an extraordinary liability.
	(2)	A health profession board may apply to the Minister for financial assistance if the board believes on reasonable grounds that it is likely to incur extraordinary expenses in relation to legal fees or damages because of the administration of the Act.
20	Employment of staff
	(1)	A health profession board must, in writing, appoint an executive officer.
	(2)	The executive officer may, but need not, be a member of the health profession board.
	(3)	A health profession board may engage the people, or buy the services, that are necessary or desirable to help it to exercise its functions.
	(4)	Without limiting subsection (3), the health profession board may engage a person on a fee or contractual basis to provide advice or other assistance.
Note	Person includes a corporation (see Legislation Act, dict, pt 1).
21	Functions of executive officer
	(1)	The executive officer of a health profession board—
	(a)	is responsible for the management of the board’s affairs, subject to any direction given by the board; and
	(b)	must advise the board; and
	(c)	has any other function given to the executive officer under a territory law.
	(2)	The executive officer of a health profession board may delegate a function given to the officer under a territory law to a public servant, including the registrar of the board.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
22	Delegation by board
A health profession board may delegate a function to—
	(a)	a board member; or
	(b)	the board’s executive officer; or
	(c)	a committee of the board; or
	(d)	anyone else the board considers appropriate.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Part 2.3	Elections
Division 2.3.1	General
Note to div 2.3.1
For first elections under this part or elections if a health profession board is suspended, see div 2.3.2.
23	Definitions for pt 2.3
In this part:
ballot paper envelope means an envelope addressed to the electoral commissioner on which is printed a declaration to be filled out by an elector.
Note	If a form is approved under s 52 for the envelope and declaration, the form must be used.
close of poll day, for an election for a health profession—see section 24 (1) (d).
election, for a health profession board—
	(a)	means an election of members of the board; and
	(b)	includes—
	(i)	an election to elect a prescribed member of the board; and
	(ii)	a recount under division 2.3.3 (Casual and temporary vacancies in elected positions) for an election of members of the board.
election start day, for an election for a health profession—see section 24 (1) (a).
elector, for an election for a health profession—see section 37.
Electoral Act means the Electoral Act 1992.
eligible means eligible to be a member of a health profession board under section 28.
hour of nomination, for an election for a health profession—see section 30.
issue of papers day, for an election for a health profession—see section 24 (1) (c).
list of health professionals, for an election for a health profession—see section 26.
nomination close day, for an election for a health profession—see section 24 (1) (b).
officer means an officer appointed under the Electoral Act, section 33, and includes the electoral commissioner.
preliminary scrutiny means action by the electoral commissioner under section 44 (2).
prescribed election voter, for an election of a prescribed member of a health profession board, means a registered health professional in the relevant health profession who, under the relevant health profession schedule, is eligible to vote and to be elected.
Note	Relevant health profession and relevant health profession schedule are defined in the dictionary.
prescribed member, of a health profession board, means—
	(a)	if the board is established for a single health profession—a member who, under the relevant health profession schedule, is required to be a registered health professional of a particular kind in the relevant health profession to be eligible to vote and be elected in the election; and
	(b)	if the board is established for 2 or more health professions—a member who, under a relevant health profession schedule for a health profession for which the board is established, is required to be a registered health professional registered in a particular health profession to be eligible to vote and be elected in the election.
scrutiny centre, for an election for a health profession, means a scrutiny centre declared for the election under section 51.
24	Dates for elections
	(1)	For an election for a health profession, the board president for the health profession must, in writing, fix the following days for the election:
	(a)	the day from which candidates for election may be nominated (the election start day);
	(b)	the last day when candidates for election may be nominated (the nomination close day);
	(c)	the last day when voting papers may be issued (the issue of papers day);
	(d)	the day for the close of the poll (the close of poll day).
	(2)	The election start day for the election must be at least 1 week after the day the board president fixes the days under subsection (1) for the election.
	(3)	The nomination close day for the election must be at least 21 days after the election start day.
	(4)	The issue of papers day for the election must be—
	(a)	at least 21 days before the close of poll day; and
	(b)	at least 14 days after nomination close day.
	(5)	The close of poll day for the election must be at least 70 days and at most 90 days after the election start day.
	(6)	After fixing the days under subsection (1), the board president must promptly send a copy of the instrument to the electoral commissioner.
	(7)	A failure to comply with this section in relation to an election does not invalidate the election.
26	List of health professionals
	(1)	As soon as practicable after the election start day for an election for a health profession board, the board president must give the electoral commissioner a list (the list of health professionals).
	(2)	The list of health professionals must state the following:
	(a)	if the election is to elect someone other than a prescribed member—
	(i)	the name of each person who was a registered health professional in the health profession on election start day; and
	(ii)	the postal address of each person mentioned in subparagraph (i); or
	(b)	if the election is to elect a prescribed member—
	(i)	the name of each person who was a prescribed election voter for the election on the election start day; and
	(ii)	the postal address of each person mentioned in subparagraph (i).
	(3)	The list of health professionals must be certified correct by the board president.
	(4)	The electoral commissioner must—
	(a)	make a copy of the list of health professionals for the election available for public inspection at the office of the electoral commissioner during ordinary business hours as soon as practicable after the commissioner receives the list; and
	(b)	continue to make the list available for public inspection until—
	(i)	the end of the period when the election result may be disputed; or
	(ii)	if the election result is disputed—the dispute is decided or otherwise ends.
	(5)	A failure to comply with this section in relation to an election does not invalidate the election.
27	Registered health professionals to be notified of dates
	(1)	After receiving the list of health professionals for an election for a health profession, the electoral commissioner must send by post to each health professional on the list, at the address shown in the list, a written notice—
	(a)	telling the health professional about the days fixed under section 24 (1); and
	(b)	telling the health professional about the requirements for eligibility for nomination in section 28; and
	(c)	inviting the health professional to seek nomination for the election.
	(2)	The electoral commissioner must send each notice under subsection (1) not later than 2 weeks before the nomination close day for the election.
	(3)	A failure to comply with this section in relation to an election does not invalidate the election.
28	Eligibility for nominations etc
	(1)	A person is eligible to be a member of the health profession board for a health profession if the person—
	(a)	is—
	(i)	a registered health professional in the health profession; and
	(ii)	if the election is to elect a prescribed member—a prescribed election voter for the election; and
	(b)	has been continuously registered, or continuously registered under a corresponding law of a local jurisdiction and the Act, for at least 3 years before election start day.
Example
Stephanie was registered under a corresponding law of a local jurisdiction (New Zealand) for 2 years and 9 months.  Since coming to the ACT, she has been registered under the Act.  There was no break in registration between the time she was registered in New Zealand and being registered under the Act.  Once she has been registered for 3 months in the ACT, she will have been continuously registered under a corresponding law of a local jurisdiction and the Act for 3 years, and will be eligible for nomination.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A person is not eligible to be nominated for election as a member of a health profession board for a health profession unless the person is, on election start day, eligible to be a member of the health profession board.
29	Nominations
	(1)	The nomination of a person (the nominee) for election as a member of the health profession board for a health profession must be signed by the person and 2 other health professionals (the nominators).
	(2)	The nominee must be eligible to be nominated for the election under section 28.
	(3)	The nominators must be—
	(a)	registered in the health profession on the election start day; and
	(b)	if the election is to elect a prescribed member—prescribed election voters for the election on the election start day.
	(4)	The nomination must include, or be accompanied by, a signed statement by the nominee that the nominee consents to the nomination.
	(5)	The nomination must be given to the electoral commissioner before the hour of nomination.
30	Hour of nomination
The hour of nomination, for an election for a health profession, is 12 noon on the nomination close day.
31	Withdrawal of nomination
A person nominated to be a candidate may withdraw his or her consent to the nomination by giving the electoral commissioner written notice of withdrawal before the hour of nomination.
32	Application of Electoral Act, s 110
	(1)	The Electoral Act, section 110 (Rejection of nominations), applies to an election under this part.
	(2)	In applying the Electoral Act, section 110 in relation to this part—
	(a)	a reference in the Electoral Act, section 110 (1) to section 105 is taken to be a reference to this regulation, section 29 (Nominations); and
	(b)	any other necessary changes are taken to have been made.
	(3)	The electoral commissioner may ask the executive officer of a health profession board for any information the commissioner needs to work out whether a nominee is eligible to be nominated as a member of the board.
	(4)	An executive officer must comply with a request made to the officer under subsection (3).
33	Declaration of candidates
	(1)	As soon as practicable after the hour of nomination for an election, the electoral commissioner must declare the name and postal address of each candidate.
	(2)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
34	If no more candidates than positions
	(1)	This section applies to an election for a health profession if, at the hour of nomination—
	(a)	at least 1 candidate has been nominated; and
	(b)	there are no more candidates nominated than are required to be elected at the election.
	(2)	The electoral commissioner must, in writing—
	(a)	declare the nominated candidate or candidates elected; and
	(b)	tell the board president of the health profession board about the election of each person elected; and
	(c)	if fewer candidates are nominated for election than are required to be elected—tell the board president the number of candidates required to be elected who were not elected.
	(3)	A declaration under subsection (2) (a) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	If the electoral commissioner tells the Minister a number under subsection (2) (c), the Minister must appoint that number of people as members of the health profession board under section 9.
35	If no candidates
	(1)	If no candidate is nominated for an election for a health profession, the election is taken to have failed and the electoral commissioner must, in writing, tell the board president and the Minister about the failure of the election.
	(2)	If the electoral commissioner tells the Minister about the failure of the election, the Minister must, under section 10, appoint as members of the health profession board the number of people who would otherwise be required to be elected.
36	If more candidates than positions
If more candidates are nominated for an election for a health profession than are required to be elected, the electoral commissioner must conduct a poll under this part to decide the election.
37	Eligibility to vote
A person (an elector) may vote in an election for a health profession if, on the election start day—
	(a)	the person is registered in the health profession; and
	(b)	if the election is to elect a prescribed member—the person is a prescribed election voter for the election.
38	Number of votes
Each elector is entitled to only 1 vote at the election.
39	Positions on ballot paper
	(1)	The electoral commissioner must determine by lot the positions in which the candidates for an election are to appear on the ballot paper.
	(2)	The electoral commissioner determines positions by lot if the commissioner determines the positions in accordance with an approval under the Electoral Act, section 125.
40	Distribution of ballot papers
	(1)	The electoral commissioner must, on or before the issue of papers day, send each registered health professional whose name appears on the list of health professionals for the election—
	(a)	a ballot paper; and
	(b)	a ballot paper envelope; and
	(c)	an envelope addressed to the commissioner.
Note	If a form is approved under s 52 for a ballot paper, the form must be used.
	(2)	Things sent to a health professional under subsection (1)—
	(a)	must be in a covering envelope addressed to the health professional that is sent to the postal address for the health professional in the list of health professionals; and
	(b)	may be sent to the health professional’s business address if they are returned unclaimed to the electoral commission before the close of poll day.
41	Manner of voting
The Electoral Act, section 132 (Manner of recording vote) applies to the manner of voting under this part.
42	Replacement of ballot papers
	(1)	This section applies if, before close of poll day for an election for a health profession, a person eligible to vote at the election makes and gives the electoral commissioner a written statement—
	(a)	setting out his or her full name and postal address; and
	(b)	stating that he or she has not received a ballot paper or ballot paper envelope or that a ballot paper or ballot paper envelope received by him or her has been lost or destroyed; and
	(c)	stating that he or she has not already voted at the election;
	(2)	This section also applies if, before an election for a health profession, a person eligible to vote at the election—
	(a)	makes and gives to the electoral commissioner a written statement—
	(i)	setting out his or her full name and postal address; and
	(ii)	stating that a ballot paper or ballot paper envelope received by him or her has, by mistake or accident, been spoilt; and
	(b)	gives the electoral commissioner the spoilt ballot paper or ballot paper envelope.
	(3)	The electoral commissioner must give the person a ballot paper or ballot paper envelope, or a further ballot paper or ballot paper envelope and, if relevant, cancel the spoilt ballot paper or envelope.
43	After voting
An elector for an election for a health profession must, after recording his or her vote—
	(a)	place the ballot paper in the ballot paper envelope and seal the envelope; and
	(b)	fill in and sign the declaration printed on the ballot paper envelope, place the envelope in the envelope addressed to the electoral commissioner (the returning envelope) and seal the returning envelope; and
	(c)	send the returning envelope to the commissioner so that it reaches the commissioner not later than 12 noon on the close of poll day.
44	Scrutiny
	(1)	The Electoral Act, part 12 (The scrutiny) (other than section 189 (Declaration of result of election)) applies to an election as if—
	(a)	a reference to declaration voting papers were a reference to votes cast in the election; and
	(b)	a reference to preliminary scrutiny for the election were a reference to scrutiny under subsection (2); and
	(c)	all other necessary changes were made.
	(2)	If the electoral commissioner is satisfied that the declaration on a ballot paper envelope has been signed by the elector named in the declaration, the ballot paper must be admitted to further scrutiny.
45	Appointment of scrutineers
	(1)	A candidate for an election for a health profession may appoint a scrutineer to represent the candidate during the scrutiny for the election.
	(2)	An appointment may be made by giving the electoral commissioner—
	(a)	written notice, signed by the candidate, stating the name and address of the scrutineer; and
	(b)	an undertaking signed by the scrutineer.
Note	If a form is approved under s 52 for an undertaking, the form must be used.
46	Conduct of scrutineers
	(1)	A scrutineer representing a candidate for an election for a health profession may enter, be present in or leave a scrutiny centre for the election during the conduct of the scrutiny for the election at the centre.
	(2)	However, at any time during the conduct of the scrutiny at the centre, there must not be more scrutineers at the centre representing a particular candidate than there are officers at the centre.
	(3)	A scrutineer at a scrutiny centre must wear a badge, supplied by the electoral commissioner, that identifies the person as a scrutineer.
47	Candidates not to participate in conduct of election
A candidate must not take any part in the conduct of an election.
48	Declaration etc of results
	(1)	As soon as practicable after the result of an election for a health profession has been decided, the electoral commissioner must—
	(a)	declare each successful candidate elected; and
	(b)	tell the board president of the health profession board in writing about the election of each person elected.
	(2)	A declaration under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
49	Term of elected board members
The term of a person declared elected under section 48—
	(a)	begins on the day the person is declared elected; and
	(b)	is 4 years.
50	Destruction of election material
The electoral commissioner must destroy the ballot papers and ballot paper envelopes for an election on the election start day for the next election.
51	Scrutiny centres
	(1)	The electoral commissioner may declare a stated place to be a scrutiny centre for an election for a health profession.
	(2)	A declaration is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
52	Approved forms for elections
	(1)	The electoral commissioner may approve forms for this part.
	(2)	If the electoral commissioner approves a form for a particular purpose, the approved form must be used for the purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
Division 2.3.2	Application of ch 2 to first elections and suspended boards
52A	Application of ch 2 to first election for professions previously unregulated under the Act
	(1)	This section applies if a regulation (the amending regulation) amending schedule 1 to establish a health profession has been made and notified but has not commenced.
	(2)	Appointments may be made to the health profession board under part 2.2, and elections may be conducted for members of the board under part 2.2 and part 2.3, as if the amending regulation had commenced.
	(3)	Without limiting subsection (2)—
	(a)	anything may be done for the purpose of making an appointment or conducting an election; and
	(b)	a successful candidate for election may be declared elected.
	(4)	For subsection (2), chapter 2 (Health profession boards) applies to the making of an appointment, or the conduct of an election, as if—
	(a)	a person who would be registered in the health profession if the amending regulation had commenced were registered in the health profession; and
	(b)	the words ‘, from the community representative list,’ were omitted from section 10 (4) (Appointment of board members); and
	(c)	section 11 (1) (Consultation about appointment to board) were omitted; and
	(d)	section 12 (Community representatives) were omitted; and
	(e)	the words ‘the board president and’ were omitted from section 35 (1) (If no candidates); and
	(f)	a reference in chapter 2 to the board president were a reference to the Minister; and
	(g)	any other necessary changes were made.
	(5)	Without limiting subsection (4), anything that may or must be done under chapter 2 by or in relation to the board president may or must be done by or in relation to the Minister.
	(6)	This section is additional to the Legislation Act, section 81 (Exercise of powers between notification and commencement).
52C	Application of ch 2 to elections if board suspended
	(1)	This section applies if the health profession board for a health profession is suspended.
	(2)	Chapter 2 applies to the conduct of an election as if—
	(a)	the words ‘the board president and’ were omitted from section 35 (1) (If no candidates); and
	(b)	a reference in chapter 2 to the board president, in relation to the suspended board, were a reference to the Minister; and
	(c)	any other necessary changes were made.
	(3)	Without limiting subsection (2), anything that may or must be done under chapter 2 by or in relation to the health profession board president may or must be done by or in relation to the Minister.
Division 2.3.3	Casual and temporary vacancies in elected positions
53	Definitions for div 2.3.3
In this division:
casual vacancy means a vacancy in a position on a health profession board to which a board member is elected rather than appointed if the vacancy has happened otherwise than because—
	(a)	the board has been discharged; or
	(b)	the term for which the board member was elected has ended; or
	(c)	there has been a complete or partial failure of an election.
closing time for applications—see section 56 (2) (Candidates for casual vacancy).
former board member, in relation to a casual vacancy in a position on a health profession board, means the person who was elected to the position at the last election before the vacancy happened.
partial failure, of an election, means that fewer candidates were nominated for the election than were required to be elected.
54	Notice of long casual vacancy
	(1)	This section applies if—
	(a)	there is a casual vacancy for a position on a health profession board; and
	(b)	the former board member’s term had more than 1 year to run.
	(2)	The board president of the health profession board must tell the electoral commissioner in writing about the casual vacancy.
55	Publication of notice about casual vacancy
	(1)	This section applies if the board president of a health profession board tells the electoral commissioner in writing about a casual vacancy under section 54.
	(2)	If the electoral commissioner is satisfied that it is practicable to fill the vacancy under section 58, the commissioner must, so far as practicable, give a copy of the notice to anyone who, in the commissioner’s opinion, may be entitled to make an application under section 56 in relation to the vacancy.
	(3)	A notice under subsection (2) must—
	(a)	contain a statement to the effect that—
	(i)	there is a casual vacancy in the health profession board; and
	(ii)	a person may apply to be a candidate under section 56; and
	(b)	state the closing time for applications.
	(4)	If the electoral commissioner is not satisfied that it is practicable to fill the vacancy under section 58, the commissioner must tell the board president that it is not practicable.
56	Candidates for casual vacancy
	(1)	A person may apply to be a candidate for a position on a health profession board for which a casual vacancy has happened if the person—
	(a)	was a candidate in the last election for the position; and
	(b)	was not elected at that election; and
	(c)	is eligible to be elected to the position.
	(2)	An application under subsection (1) must reach the electoral commissioner before 12 noon on the 10th day after the day when notice of the vacancy is given under section 55 (2) (the closing time for applications).
Note 	If a form is approved under s 52 for an application, the form must be used.
	(3)	An applicant may withdraw his or her application by giving the electoral commissioner written notice of the withdrawal before applications close.
	(4)	The electoral commissioner must reject a purported application that is not in accordance with subsection (2) and give the person in relation to whom it was made written notice setting out the reasons for the rejection.
57	Publication of candidates’ details
	(1)	If 1 or more people have applied to be a candidate under section 56, the electoral commissioner must declare the name and postal address of each candidate.
	(2)	If there are no candidates for a casual vacancy, the electoral commissioner must declare that there are no candidates and tell the board president of the relevant health profession board in writing that there are no candidates.
	(3)	A declaration under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
58	Determination of candidate to fill vacancy
	(1)	If there is only 1 candidate for a casual vacancy, the electoral commissioner must declare the candidate elected.
	(2)	If there is more than 1 candidate for a casual vacancy, the electoral commissioner must, as soon as practicable after making a declaration under section 57 (1)—
	(a)	fix a time and place for a recount of the ballot papers counted at the last election at which the former board member was elected; and
	(b)	give each candidate written notice of the time and place fixed; and
	(c)	recount the ballot papers in accordance with the Electoral Act, schedule 4, part 4.3 (with necessary changes).
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(3)	The electoral commissioner must—
	(a)	declare the successful candidate elected; and
	(b)	tell the board president of the health profession board in writing about the election of the successful candidate.
59	Board nominees
	(1)	This section applies if—
	(a)	there is a casual vacancy for a position on a health profession board; and
	(b)	either—
	(i)	the former board member’s term had not more than 1 year to run; or
	(ii)	the electoral commissioner tells the board president under section 55 (4) that it is not practicable to fill the vacancy; or
	(iii)	the commissioner tells the board president under section 57 (2) that there are no candidates for the vacancy.
	(2)	If the health profession board is satisfied that, because of the size of the board, it is not practicable for the board to exercise its functions without filling the vacancy, the board may ask the Minister to nominate a person to fill the vacancy.
	(3)	If the board asks the Minister to fill the vacancy, the Minister must, after consulting the health profession board, nominate a person who is eligible to be elected to the vacant position and tell the electoral commissioner about the nomination.
	(4)	The electoral commissioner must—
	(a)	declare the person elected; and
	(b)	tell the board president of the health profession board in writing about the person’s election.
	(5)	To remove any doubt, the health profession board may exercise functions under this section even if it does not have a quorum.
60	Term of board member declared elected under div 2.3.3
	(1)	This section applies to a person declared elected under this division.
	(2)	The term of the person’s appointment begins at the end of the day the election of the person is declared and, unless sooner ended, ends on the day the original board member’s appointment would have ended.
61	Temporary vacancies
	(1)	This section applies if—
	(a)	an elected board member cannot for any reason exercise the functions of the position to which the member was elected; and
	(b)	the period for which the member cannot exercise the functions is shorter than 1 year; and
	(c)	the board member’s inability to exercise the functions is temporary.
Examples for par (a)
1	The board member is ill or on leave.
2	The board member is outside the ACT or Australia.
Note 1	Function is defined in the Legislation Act, dict, pt 1 to include authority, duty and power.
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
	(2)	If the health profession board is satisfied that, because of the size of the board, it is not practicable for the board to exercise its functions without filling the position of the elected board member, the board may ask the Minister to appoint a person to fill the position temporarily.
	(3)	If asked to do so under subsection (2) and after consulting the health profession board, the Minister may, in writing, appoint to the board a person who is eligible to be a member of the board for the period while the elected member is unable to exercise the functions of the position.
	(4)	To remove any doubt, the health profession board may exercise functions under this section even if it does not have a quorum.
Division 2.3.4	Disputed elections
62	Definitions for div 2.3.4
In this division:
bribery means a contravention of the Criminal Code, section 356 (Bribery) in relation to an election.
contravention, of a section of the Act or the Crimes Act 1914 (Cwlth), includes—
	(a)	attempting or conspiring to contravene that section; or
	(b)	aiding, abetting, counselling or procuring the contravention of that section.
Court of Disputed Health Elections—see section 63 (2).
disputed election application means an application disputing the validity of an election.
election—
	(a)	means an election under this part; and
	(b)	includes the election of a person to fill a casual vacancy.
file means file in the registrar’s office.
leave application means an application under section 72 for leave to withdraw a disputed election application.
proceeding means a proceeding before the Court of Disputed Health Elections.
registrar means the registrar of the Supreme Court.
undue influence means a contravention of the Crimes Act 1914 (Cwlth), section 28 (Interfering with political liberty).
63	Court of Disputed Health Elections
	(1)	The Supreme Court has jurisdiction to hear and decide—
	(a)	disputed election applications; and
	(b)	questions referred to the court by a health profession board about—
	(i)	the eligibility of people who have been declared elected to be members of the board; or
	(ii)	vacancies in the membership of the board.
	(2)	When exercising jurisdiction under subsection (1), the Supreme Court is known as the Court of Disputed Health Elections.
64	Powers of the court
The Supreme Court has the same powers (so far as they are applicable) when exercising jurisdiction under this part as it has when exercising its original jurisdiction.
65	Court’s decisions are final
A decision of the Court of Disputed Health Elections is final and conclusive, is not subject to appeal and must not be called into question.
66	Validity may be disputed after election
	(1)	The validity of an election must not be disputed except by application to the Court of Disputed Health Elections after the result of the election is declared.
	(2)	Without limiting subsection (1), if any of the following matters in relation to an election is called into question, the validity of the election is to be taken to be in dispute:
	(a)	the acceptance or rejection of the nomination of a candidate by the electoral commissioner;
	(b)	the eligibility of a person to be nominated as a candidate or to be elected;
	(c)	any matter connected with the distribution, or scrutiny, of ballot papers;
	(d)	any matter connected with the admission or rejection of votes by the electoral commissioner at the preliminary scrutiny.
67	People entitled to dispute elections
The following people are entitled to dispute the validity of an election for a health profession:
	(a)	a candidate in the election;
	(b)	an elector for the election;
	(c)	the electoral commissioner.
68	Form of disputed election application
	(1)	A disputed election application must—
	(a)	state the declarations sought; and
	(b)	set out the facts relied on to invalidate the election with sufficient detail to identify the matters on which the applicant relies to justify each declaration; and
	(c)	set out the applicant’s full name and address and the capacity in which the applicant is making the application; and
	(d)	be signed by the applicant.
	(2)	The signature of an applicant other than the electoral commissioner must be witnessed by someone else.
	(3)	The witness’s signature, full name, address and occupation must be set out in the disputed election application.
69	Time for filing disputed election application
A disputed election application must be filed within 40 days after the day the result of the election is notified.
70	Registrar to serve copies of disputed election application
If a disputed election application is filed under section 69, the registrar must serve a sealed copy of the application on—
	(a)	the person whose election is being disputed; and
	(b)	the board president of the health professions board to which the person was elected; and
	(c)	if the electoral commissioner is not the applicant—the commissioner.
71	Parties to disputed election application
	(1)	The following people are entitled to appear in a proceeding under this division:
	(a)	the applicant;
	(b)	the electoral commissioner;
	(c)	if the person whose election is being disputed files a notice of appearance within 7 days after the day the person is served with a copy of the application under section 70—the person;
	(d)	anyone else with the leave of the Court of Disputed Health Elections.
	(2)	A person other than the applicant who appears under subsection (1) is taken to be a respondent to the disputed election application.
	(3)	This section does not apply to a leave application.
72	Withdrawal of disputed election application
	(1)	The applicant for a disputed election application may withdraw the application only with the leave of the Court of Disputed Health Elections.
	(2)	An applicant is not entitled to make a leave application unless notice of the applicant’s intention to do so has been given to the electoral commissioner and to each of the respondents to the disputed election application.
	(3)	If there are 2 or more applicants to the disputed election application, the leave application must not be made without the consent of each applicant to the disputed election application.
	(4)	If the disputed election application is withdrawn, the applicant is liable to pay the costs of the respondent in relation to that application and the leave application unless the Court of Disputed Health Elections orders otherwise.
73	Hearing and decision on leave application
	(1)	This section applies to a leave application made under section 72 in relation to a disputed election application.
	(2)	The electoral commissioner, and each respondent to the disputed election application, are entitled to appear as respondents to the leave application.
	(3)	Anyone else may appear as a respondent to the leave application only with the leave of the Court of Disputed Health Elections.
	(4)	In deciding the leave application, the Court of Disputed Health Elections must inquire into the reasons for the application and decide whether it was—
	(a)	the result of an agreement, arrangement or understanding; or
	(b)	in consideration of—
	(i)	the position on the health profession board that is in issue being vacated in the future; or
	(ii)	the withdrawal of another disputed election application; or
	(iii)	anything else.
	(5)	The Court of Disputed Health Elections must publish its reasons for a decision as if it were a judgment and give a copy of them to the electoral commissioner.
74	Person ceasing to be respondent to disputed election application
	(1)	This section applies to a person (other than the electoral commissioner) who is a respondent to a disputed election application if, before the hearing of a disputed election application, the respondent—
	(a)	dies or gives written notice that he or she does not intend to oppose the application; or
	(b)	resigns from, or otherwise ceases to hold, the position on the health profession board that is in issue.
	(2)	If this section applies to a person—
	(a)	the person stops being a respondent; and
	(b)	the person, or his or her personal representative, must—
	(i)	give the registrar written notice explaining why the person has stopped being the respondent; and
	(ii)	give each person who might have been an applicant in relation to the election application notice that the person has stopped being the respondent; and
	(c)	if a person who might have been an applicant in relation to the election application files a notice of appearance within 7 days after the day the person receives the notice under subsection (2) (b) (ii)—that person is entitled to appear as a respondent to the application.
	(3)	A person who has stopped being a respondent to a disputed election application is not entitled to appear as a party in a proceeding in relation to the application.
	(4)	The registrar must tell the electoral commissioner of the receipt of a notice mentioned in subsection (2) (b).
75	End of disputed election application
	(1)	The death of a sole applicant or the last survivor of several applicants ends a disputed election application.
	(2)	The ending of a disputed election application does not affect the liability of the applicant or anyone else for costs awarded against the applicant or anyone else.
76	Hearing disputed election applications
	(1)	As soon as practicable after the time for filing a disputed election application under section 69 in relation to an election has ended, the registrar must prepare a list of the disputed election applications in the order of filing and make a copy of the list available for inspection at the registrar’s office.
	(2)	A disputed election application must, as far as practicable, be heard in the order in which it appears in the list.
	(3)	However, all disputed election applications in relation to an election for a particular position on a health profession board must be heard together.
77	Declarations and orders of court
	(1)	The Court of Disputed Health Elections must hear and decide a disputed election application and may—
	(a)	declare the election void; or
	(b)	declare that a person who has been declared elected was not properly elected; or
	(c)	declare that a person who has not been declared elected was properly elected; or
	(d)	dismiss the application completely or partly.
	(2)	The Court of Disputed Health Elections may make any other order in relation to the disputed election application that the court considers appropriate.
78	Illegal election practices
	(1)	In this section:
illegal practice means a contravention of the Criminal Code, section 356 (Bribery) or part 3.6 (Forgery and related offences), and includes undue influence.
prescribed declaration means a declaration under section 77 (1) (a) or (b)—
	(a)	on the ground of an illegal practice (other than bribery or undue influence); or
	(b)	on the ground of bribery or undue influence by a person who was not a candidate for the election without the knowledge or consent of a candidate in the election.
Note	Undue influence is defined in s 62.
	(2)	The Court of Disputed Health Elections may make a declaration under section 77 (1) (a) or (b)—
	(a)	on the ground of an illegal practice in relation to the election; or
	(b)	on any other ground the court considers appropriate.
	(3)	However, the Court of Disputed Health Elections must not make a prescribed declaration unless satisfied that—
	(a)	the result of the election was, or was likely to have been, affected by the illegal practice; and
	(b)	it is just to make the declaration.
	(4)	If the Court of Disputed Health Elections finds an illegal practice in relation to an election (whether or not the court makes a declaration under section 77 (1) (a) or (b) on that ground), the registrar must report the finding to—
	(a)	the electoral commissioner; and
	(b)	the director of public prosecutions; and
	(c)	the board president of the health profession board to which the election related.
	(5)	A finding by the Court of Disputed Health Elections in relation to an illegal practice in relation to an election does not bar, or prejudice in any way, any prosecution in relation to the act claimed before the court to have been the illegal practice.
79	Bribery or undue influence by person elected
If the Court of Disputed Health Elections finds that a person who was declared elected committed, or attempted to commit, bribery or undue influence in relation to any election, the court must declare the election of the person void.
80	Immaterial delays and errors in relation to elections
	(1)	The Court of Disputed Health Elections must not make a declaration under section 77 (1) (a), (b) or (c) on the ground that there was a delay in—
	(a)	declaring the nominations for the election; or
	(b)	declaring the result of the election.
	(2)	The Court of Disputed Health Elections must not make a declaration under section 77 (1) (a), (b) or (c) on the ground of an absence of, or error or omission by, the electoral commissioner or an officer unless the absence, error or omission affected, or was likely to have affected, the result of the election.
	(3)	In deciding whether an absence, error or omission that prevented an elector from voting affected the result of an election, the Court of Disputed Health Elections must not have regard to any evidence of the way in which the elector intended to vote.
81	Inquiries by court
In deciding a disputed election application, the Court of Disputed Health Elections may make the inquiries it considers appropriate, including—
	(a)	an inquiry about the identity of people who voted; and
	(b)	an inquiry about whether ballot papers were improperly admitted or rejected.
82	Rejected ballot papers
In deciding a disputed election application, the Court of Disputed Health Elections may have regard to any ballot papers rejected at the preliminary scrutiny if the court forms the opinion that the ballot papers should not have been rejected.
83	Evidence that people were not allowed to vote
In deciding a disputed election application, the Court of Disputed Health Elections must not have regard to any evidence that a person was not allowed to cast a vote in an election unless the court is satisfied that the person—
	(a)	claimed to vote under this regulation; and
	(b)	complied with the requirements of this regulation for voting to the extent that the person was allowed to do so.
84	Inspection of electoral papers
	(1)	A party to a disputed election application may inspect, and make copies of or take extracts from, the electoral papers (except ballot papers) in the electoral commissioner’s possession that were used in relation to the election being disputed.
	(2)	However, the party may only do something under subsection (1)—
	(a)	with the leave of the Court of Disputed Health Elections; and
	(b)	in the presence of the electoral commissioner or a member of staff of the electoral commission.
85	Commissioner not prevented from accessing documents
Unless the Court of Disputed Health Elections otherwise orders, the filing of a disputed election application does not prevent the electoral commissioner, another member of the electoral commission or a member of the staff of the commission from having access to a document to which the person would otherwise be entitled to have access to exercise a function under this regulation.
86	Registrar to serve copies of court declarations on certain people
The registrar must, after a disputed election application is decided, serve a sealed copy of the declarations and orders (if any) made by the Court of Disputed Health Elections on—
	(a)	the board president of the health profession board to which the election related; and
	(b)	each party to the application.
87	Effect of court declarations
	(1)	If the Court of Disputed Health Elections declares an election void, another election must be held under this part.
	(2)	If the Court of Disputed Health Elections declares that a person who has been declared elected was not properly elected, the person is taken not to have been properly elected.
	(3)	If the Court of Disputed Health Elections declares that a person who has not been declared elected was properly elected, the person is taken to have been properly elected.
	(4)	A declaration by the Court of Disputed Health Elections mentioned in subsection (1), (2) or (3) takes effect at the end of the day the declaration by the court is made.
88	Court procedure
In a proceeding, the Court of Disputed Health Elections —
	(a)	must be guided by the substantial merits and good conscience of the case; and
	(b)	is not bound by technicalities, legal forms or the rules of evidence, but may inform itself in the way it considers appropriate.
89	Legal representation limited in court proceeding
In a proceeding, a party is entitled to be represented by only 1 lawyer appearing as counsel.
90	Costs may be ordered against Territory
Even if the Territory is not a party to a proceeding, the Court of Disputed Health Elections may order the Territory to pay some or all of the costs of the proceeding.
Division 2.3.5	Electoral offences
91	Multiple votes prohibited
	(1)	A health professional must not vote more than once at the same election.
Maximum penalty: 30 penalty units.
	(2)	An offence against this section is a strict liability offence.
92	Interference with voting
	(1)	A person must not—
	(a)	interfere with the casting of a vote by an elector; or
	(b)	do anything to find out how an elector voted; or
	(c)	allow anyone else to find out how an elector voted.
Maximum penalty: 30 penalty units.
	(2)	Subsection (1) does not apply to a person assisting an elector under subsection (3).
	(3)	An elector may be assisted in voting if the elector would otherwise be unable to vote.
	(4)	An assistant—
	(a)	must be a nominee of the elector; and
	(b)	may assist in any of the following ways:
	(i)	by acting as an interpreter;
	(ii)	by filling out, or assisting the elector to fill out, the declaration;
	(iii)	by explaining the ballot paper and the requirements of this regulation relating to its marking;
	(iv)	by marking, or assisting the elector to mark, the ballot paper at the elector’s direction;
	(v)	by folding the ballot paper and putting it in a ballot paper envelope as required by this regulation;
	(vi)	by sending the ballot paper envelope with the marked ballot paper back to the electoral commissioner.
	(5)	An offence against this section is a strict liability offence.
93	Giving completed ballot papers to commissioner
	(1)	A person who accepts completed ballot papers to be given to the electoral commissioner must give them to the commissioner as soon as practicable.
Maximum penalty: 10 penalty units.
	(2)	An offence against this section is a strict liability offence.
94	Opening envelopes containing ballot papers
	(1)	Unless authorised under this regulation, a person must not open an envelope that appears to contain completed ballot papers.
Maximum penalty: 5 penalty units.
	(2)	An offence against this section is a strict liability offence.
95	Influencing of votes by officers
	(1)	An officer must not do anything to influence someone else’s vote.
Maximum penalty: 30 penalty units.
	(2)	An offence against this section is a strict liability offence.
96	Violence and intimidation
	(1)	A person must not, by violence or intimidation, hinder or interfere with the free exercise of a right or duty under this regulation.
Maximum penalty: 30 penalty units.
Note 1	Function is defined in the Legislation Act, dict, pt 1 to include authority, duty and power.
Note 2	Exercise a function includes perform the function (see Legislation Act, dict, pt 1).
	(2)	An offence against this section is a strict liability offence.
97	Voting fraud
	(1)	A person must not supply a ballot paper unless authorised by this regulation.
Maximum penalty:  20 penalty units.
	(2)	A person must not mark a ballot paper unless—
	(a)	the person is an elector or an assistant assisting the elector under section 92 (3); and
	(b)	the ballot paper marked is the elector’s ballot paper.
Maximum penalty: 30 penalty units.
	(3)	A person commits an offence if—
	(a)	the person casts a ballot; and
	(b)	the person is not entitled to vote.
Maximum penalty: 30 penalty units.
	(4)	An offence against this section is a strict liability offence.

Part 2.4	Health profession board meetings
    
98	When are board meetings held?
	(1)	A health profession board may hold the meetings it considers appropriate to allow the board to exercise its functions.
	(2)	The board president may, in writing, call a meeting at a stated time and place.
	(3)	The board president must call a meeting if a majority of the board members asks the president in writing to call a meeting.
99	Board meetings usually in public
	(1)	Health profession board meetings must be open to the public unless the board decides otherwise, either for a particular meeting or for a particular kind of meeting.
	(2)	A decision by the health profession board that a meeting is not to be open to the public does not prevent the board from allowing someone other than a board member to attend the meeting.
100	Ministerial referrals to board
The Minister may, in writing, refer a matter to a health profession board for consideration if—
	(a)	the Minister considers that the matter involves the protection of the public or of the public interest; and
	(b)	the matter relates to a health profession the board regulates.
101	Presence at board meetings
	(1)	If the members of the health profession board agree, a board meeting may be held by means of a method of communication, or a combination of a number of methods of communication, that allows everyone taking part in the meeting to hear what anyone else taking part in the meeting says without being in each other’s presence.
Examples
a phone link, a satellite link, an internet or intranet link
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A health profession board member who takes part in a meeting conducted under subsection (1) is taken, for all purposes, to be present at the meeting.
102	Presiding member at board meetings
	(1)	The board president must preside at each health profession board meeting at which the president is present.
	(2)	If the board president is not present at a health profession board meeting but the board deputy president is present, the deputy president must preside at the meeting.
	(3)	If neither the board president nor board deputy president is present at a health profession board meeting attended by a quorum of board members, the members present may elect a member present to preside at the meeting.
103	Board quorum
	(1)	A quorum, for a health profession board meeting, is a majority of the board members.
	(2)	For this section, the board members include any positions on the health profession board that are vacant.
104	Voting at board meetings
	(1)	A question arising at a health profession board meeting must be decided by a majority of the votes of board members attending and voting.
	(2)	The member presiding at a health profession board meeting may decide a question arising at the meeting if—
	(a)	the member is the board president or board deputy president; and
	(b)	the members attending and voting cannot decide the question by a majority.
	(3)	However, a decision on a question arising at a meeting must be postponed until a future health profession board meeting if—
	(a)	the member presiding at a health profession board meeting is not the board president or board deputy president; and
	(b)	the members attending and voting cannot decide the question by a majority.
	(4)	Voting at a health profession board meeting is by show of hands or, if a board member attending the meeting calls for a vote by ballot, by ballot.
105	Records of board meetings
Each health profession board must keep a record of what happens at its meetings.
Note	Under the Electronic Transactions Act 2001, s 9, a requirement in legislation for something to be signed may be satisfied even if the thing is kept in electronic form.
106	Board meeting procedures
If this part does not prescribe a procedure for something the health profession board must or may do at a meeting, the board may decide its own procedures for meetings.
107	Disclosure of interests by board members
	(1)	This section applies if a board member (the interested member) has a personal interest or a direct or indirect financial interest in a matter being considered or about to be considered by the health profession board.
	(2)	As soon as practicable after the matter comes to the interested member’s knowledge, the member must either—
	(a)	disclose that the member has an interest in the matter and withdraw from the meeting at which the matter is to be considered; or
	(b)	describe the interest to the health profession board and allow the board to decide whether the person should take part in consideration of the matter.
	(3)	The withdrawal of a member under subsection (2) (a) must be recorded in the minutes of the health profession board meeting.
	(4)	Unless the health profession board otherwise decides, the interested member must not—
	(a)	be present during a deliberation of the board in relation to the matter; or
	(b)	take part in a decision of the board in relation to the matter.
	(5)	The interested member must not—
	(a)	be present during a deliberation of the health profession board to decide whether the interested member should take part in the consideration of the matter; or
	(b)	take part in the making of the decision by the health profession board mentioned in paragraph (a) in relation to the member.
	(6)	A person must not contravene subsection (4) or (5).
Maximum penalty:  10 penalty units.

Part 2.5	Health profession board functions
108	Board to seek to form ties
	(1)	A health profession board for a health profession must actively seek to form ties with relevant entities to further the promotion and achievement of suitability to practise standards and professional development standards within the health profession.
	(2)	In this section:
relevant entities mean professional entities and entities in local jurisdictions that correspond to the health profession board.
109	Performance of board on standards
	(1)	In assessing a health profession board’s performance, the Minister may consider whether the standards approved by the board under section 134 (Standards statements) benefit, or are likely to benefit, the public.
	(2)	The Minister must consider the public benefit of the standards by considering—
	(a)	whether the standards—
	(i)	promote the main object of the Act; and
	(ii)	clearly set out safe practice requirements; and
	(b)	how much the health profession board consulted in the development of the standards; and
	(c)	whether there is public support for the standards; and
	(d)	the public benefit of the standards as compared to alternative approaches.
110	Performance of board on applications and reports
	(1)	In assessing a health profession board’s performance, the Minister may consider whether the board deals with applications under the Act and reports as promptly as possible while allowing for proper consideration of the applications and reports.
	(2)	A health profession board is responsible for ensuring that health professionals referred to panels established by the board are dealt with as promptly as possible, while allowing for proper consideration of the issues.
111	Board’s obligation to send renewal notices
In assessing a health profession board’s performance, the Minister may consider whether the board has sent renewal notices under section 126 (Renewal notice for registration).

Chapter 3	Registration of health professionals
Note	The entitlement to, and criteria for, registration are in the Act, s 37.
Part 3.1	Applications for registration
Note about application of the Mutual Recognition Act 1992 (Cwlth) and the Trans-Tasman Mutual Recognition Act 1997 (Cwlth) (the Commonwealth Acts)
The Commonwealth Acts allow people registered in certain occupations in a local jurisdiction to carry on the occupations in another local jurisdiction and set out the method of applying for registration in the ACT or a local jurisdiction.  The requirements for registration under this regulation cannot validly require anything of people being registered under the Commonwealth Acts that would be inconsistent with those Acts.  Accordingly, provisions of this chapter, such as the requirements for applications, do not apply to the registration of people under the Commonwealth Acts.  Also, the Commonwealth Acts set out when conditions may be placed on people registered under those Acts by a health profession board.  For more information, see the Commonwealth Acts.
112	Application for registration—Act, s 37 (5) (a)
	(1)	An application by a person for registration as a health professional must contain the following:
	(a)	the person’s name;
	(b)	the name used by the person, or intended to be used by the person, when practising the profession if different from the person’s name;
	(c)	if the person has previously practised the profession—any other name used by the person when practising the profession;
	(d)	the person’s business address, or intended business address;
	(e)	the person’s postal address;
	(f)	if the person is an individual—each of the following:
	(i)	the person’s date of birth;
	(ii)	a recent passport-size photograph of the applicant’s head and shoulders, signed by a person before whom a statutory declaration may be made;
	(iii)	a statutory declaration stating that the applicant’s right to practise as a health professional in the territory or anywhere else is not suspended and has not been cancelled;
	(iv)	evidence of the person’s qualifications, including relevant training undertaken;
	(g)	if the person has been refused registration, or the person’s registration has been cancelled—details of the refusal or cancellation;
	(h)	if the person has been refused registration (however described) as a health professional, or the person’s registration as a health professional has been cancelled, under a corresponding law of a local jurisdiction—details of the refusal or cancellation;
	(i)	if the person is a corporation—the information required in paragraphs (d) to (h) for each director of the corporation;
	(j)	anything else prescribed in the schedule for the health profession.
Note 1	A fee may be determined under the Act, s 132 for this section.
Note 2	If a form is approved under s 157C for this provision, the form must be used.
Note 3	The Statutory Declarations Act 1959 (Cwlth), s 8 requires a statutory declaration to be made before a prescribed person.  The Statutory Declaration Regulations 1993 (Cwlth) prescribes people for that section.
Note 4	Section 115 requires the board to take into account a person’s convictions when considering whether the person is competent to practise a health profession.
Note 5	A corporation may be allowed to apply to be registered as a health profession if a regulation allows a corporation to be registered in the health profession—see Act, s 37 (2).
	(2)	If an applicant is currently registered (however described) in a local jurisdiction or outside Australia, the application must also include—
	(a)	the original, or a certified copy, of the applicant’s current registration certificate (however described); and
	(b)	if required by the board—a statutory declaration to the effect that the applicant has asked the regulatory authority responsible for the registration of the health profession in the place where the applicant is registered for a certificate of standing about the applicant to be given to the board.
	(3)	Also, an individual applicant must personally provide to the board 100 points of evidence of identity as prescribed under the Financial Transaction Reports Regulations 1990 (Cwlth) for general verification.
Example
presentation of a combination of a passport or citizenship certificate or photographic licence (such as a drivers licence), with a social security card, employment ID, a letter from an employer, credit or debit card or Medicare card
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	In this section:
certificate of standing about an individual applicant, given by a regulatory authority of a place, means a certificate stating—
	(a)	that the applicant is registered in the place; and
Note	Register, a person, includes enrol the person (see Act, dict).
	(b)	whether any condition or restriction applies to the applicant’s registration; and
	(c)	if a condition or restriction applies to the registration—the condition or restriction; and
	(d)	whether any disciplinary action has been taken in relation to the applicant.
113	Registration of health professionals
	(1)	On application by a person under section 112, the health profession board must—
	(a)	register the person unconditionally; or
	(b)	register the person conditionally; or
	(c)	refuse to register the person.
	(2)	If the health profession board registers a person, whether unconditionally or conditionally, the board must give the person a unique registration number.
114	Suitability to practise requirements
	(1)	An individual is suitable to practise in a health profession, or a specialist area of the profession, if the individual—
	(a)	has the qualifications for the health profession or specialist area set out in the schedule for the health profession; and
	(b)	has successfully completed training (which may include an internship) set out in the schedule for the health profession or specialist area; and
	(c)	is generally competent.
Note 1	General competence is dealt with in s 115.
Note 2	An individual is also suitable to practise in a health profession if the individual is unconditionally registered in another jurisdiction and is entitled to be registered in the ACT under the Mutual Recognition Act 1992 (Cwlth) or the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).
	(2)	For subsection (1) (b), the schedule for the health profession may require the training to have been completed within a stated time before the application for registration.
	(3)	Unless the schedule for a health profession otherwise provides, a corporation is suitable to practise the health profession, or a specialist area of the health profession, if each director of the corporation is suitable to practise the health profession or specialist area of the health profession.
115	General competence to practise
	(1)	A health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider the following:
	(a)	whether the person is mentally and physically healthy enough to practise the profession;
	(b)	whether the person has communication skills that allow the person to practise the profession effectively without endangering patients;
Note	Under the Act, s 37 (1) (b), the person must have knowledge of written and spoken English that is adequate to allow the person to practise in a health profession.
	(c)	whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person’s ability to practise the health profession;
Note	Prohibited substance—see the dictionary.
	(d)	whether the person has been convicted, or found guilty, in the ACT, a local jurisdiction or elsewhere of an offence that indicates that the person may not be competent to practise the profession;
	(e)	whether the person’s practice experience is recent enough and sufficient to allow the person to practise the profession safely, taking into account any requirements about recency of practice included in the schedule that relates to the health profession.
	(2)	Unless the schedule for a health profession otherwise provides, a health profession board, in deciding whether a corporation is generally competent in relation to a profession, must consider the matters in subsection (1) (a) to (e) in relation to each director of the corporation.
	(3)	The health profession board may also consider any other relevant matter.
Examples of other relevant matters
1	whether the person has previously had his or her registration cancelled, either in the ACT or a local jurisdiction
2	the ACAT has previously declared that, if the person had been registered at the time the ACAT considered the person, the ACAT would have found that the person had contravened the required standard of practice or did not satisfy the suitability to practise requirements
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
115A	Short-term registration—Act, s 37 (5) (b)
	(1)	On application by an individual under section 112, the executive officer of a health profession board may, on behalf of the board, register the individual if satisfied that—
	(a)	if the board were to consider the individual’s application, it would—
	(i)	register the individual unconditionally; or
	(ii)	register the individual conditionally because the person would be entitled to apply for unconditional registration if a degree or award to which the person is entitled had been conferred or granted by the institution concerned; and
	(b)	it is appropriate to conditionally register the person because the board will not meet to consider the application soon.
	(2)	Registration under this section is subject to—
	(a)	the condition that it ends on the earlier of—
	(i)	the day the health profession board decides the application for registration; or
	(ii)	the day 3 months after the day the executive officer registers the individual under this section; and
	(b)	any other condition the executive officer considers appropriate.
	(3)	However, if the health profession board decides to register the individual, the registration is taken to have started on the day the executive officer of the board conditionally registered the individual.
116	Conditional registration
	(1)	If a health profession board is not required to register a person under the Act, section 37, the board may register a person conditionally if satisfied that—
	(a)	the conditional registration of the person is in the public interest; and
Note	Section 117 sets out when conditional registration is in the public interest.
	(b)	the conditional registration of the person will not endanger public safety.
	(2)	A health profession board may place conditions on a person’s registration, even if the person is someone the board must register under the Act, section 37, if satisfied on reasonable grounds that it is in the public interest to do so.
117	When is conditional registration in public interest?
	(1)	It is in the public interest to register a person conditionally if—
	(a)	the person would be entitled to apply for unconditional registration if the person had completed a period of supervised training (which may include internship) that the person has started; or
	(b)	the person’s registration in a local jurisdiction is subject to a condition; or
	(c)	the person is a graduate from an institution other than an institution approved by a national organisation that represents the health profession, and registration would allow the person to undertake postgraduate training that the board considers suitable for the person; or
	(d)	the person is a candidate for an examination required under the Act and the health profession board has approved the person to undertake a period of supervised training to help the person become unconditionally registered; or
	(e)	the person wishes to take up a teaching or research position; or
	(f)	the person is approved by the board to fill a position that is in an area of unmet need; or
	(g)	the person is not trained in a local jurisdiction and, if registered, the person could undertake additional training before the person is examined or assessed in the ACT or a local jurisdiction; or
	(h)	the person’s general competence or competence to practise the profession is limited and conditional registration is required in the public interest.
	(2)	This section does not limit when it is in the public interest to register a person conditionally.
Note	A person may only be registered for up to 1 year at a time (see s 120), so a condition will only last for a maximum of 1 year, unless renewed.
118	Specialist area registration
	(1)	This section applies if the schedule for a health profession includes requirements relating to admission to a specialist area of the health profession.
	(2)	A person may only practise in the specialist area if the person is registered to practise in the area.
119	Powers of health profession boards to require information
	(1)	A health profession board may, before making a decision in relation to an application for registration of a person, ask the person, in writing—
	(a)	for stated information in relation to something relevant to the person’s entitlement to registration; or
	(b)	to appear personally before the board to give information about the person’s application.
Note	The health profession board may delegate its power to take information under par (b) (see s 22).
	(2)	Subsection (1) (b) does not apply if the application for registration is made under the Mutual Recognition Act 1992 (Cwlth).
	(3)	If a health profession board asks a person to give information (whether in person or otherwise) to the board, the board may refuse to consider the application for registration further if the person does not give the information.
120	Length of registration
Registration is for—
	(a)	the period of not longer than 1 year stated in the practising certificate; or
	(b)	if no period is stated in the practising certificate—
	(i)	the period ending on the day fixed under the schedule for the health profession; or
	(ii)	if no day is fixed—1 year.
Examples—what may be fixed under a schedule
1	The schedule for veterinary surgeons may provide that the registration period for a veterinary surgeon ends on 30 June.
2	The schedule for medical radiation scientists may provide that the registration period for a radiation therapist ends on the radiation therapist’s birthday.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
121	Practising certificate
If a health profession board registers someone as a health professional, the board must give the person a certificate that states—
	(a)	the name the person is allowed to practise under; and
	(b)	the profession (or specialist area within the profession) the person is registered in; and
	(c)	the date the registration ends (the registration end date); and
	(d)	if the registration is conditional—that the person’s registration is conditional and that the conditions on registration may be obtained from the health profession board unless the board decides otherwise under section 155 (3) (Access to registers).
122	Replacement practising certificates
	(1)	This section applies if a person’s practising certificate is damaged, lost, stolen or destroyed.
	(2)	On application, the relevant health profession board may issue a replacement registration certificate to the person if satisfied that the registration certificate has been damaged, lost, stolen or destroyed.
	(3)	To help the health profession board decide whether the registration certificate has been damaged, lost, stolen or destroyed, the board may, in writing, ask the person to give the board a written statement confirming, and explaining the circumstances of, the damage, loss, theft or destruction.
Note 	A fee may be determined under the Act, s 132 for this section.
123	Return of practising certificate
	(1)	For this section, the following are relevant circumstances for a health professional:
	(a)	the health professional’s registration is cancelled;
	(b)	the health professional’s registration is suspended;
	(c)	a condition has been placed on the health professional’s registration since the practising certificate was issued;
	(d)	the details included on the health professional’s practising certificate are not, or are no longer, accurate.
	(2)	If a relevant circumstance applies to the health professional, the relevant health profession board may, in writing, mention the circumstance and ask the health professional to give the practising certificate to the board.
	(3)	Within 14 days after the day the health professional receives a notice under subsection (2), the health professional must give the health professional’s practising certificate to the health profession board.
Maximum penalty:  5 penalty units.
	(4)	If the relevant circumstance is a circumstance mentioned in subsection (1) (c) or (d), the health profession board must give the health professional an accurate practising certificate.
	(5)	The health profession board must return the practising certificate of a health professional if—
	(a)	the certificate was given to the board because the professional’s registration was suspended; and
	(b)	the suspension has ended; and
	(c)	the health professional is still registered.

Part 3.2	End of registration and renewal
124	When does registration end?
	(1)	A health professional’s registration ends if—
	(a)	the registration has not been renewed at the end of 2 weeks after the registration end date; or
	(b)	the ACAT cancels the person’s registration; or
	(c)	the person dies.
	(2)	If registration ends under subsection (1) (a), the registration is taken to have ended on the registration end date.
	(3)	If registration ends under subsection (1) (b), the registration ends on cancellation.
125	Failure to meet insurance requirement
	(1)	A health profession board may ask a relevant health professional to produce to the board a certificate of insurance for any insurance required to be held by the health professional under the Act.
	(2)	The health profession board may require production of the certificate of insurance within a stated period that is at least 7 days after the day the health professional receives the request.
	(3)	If the health professional does not produce the certificate within the stated period, the health profession board may apply to the ACAT for the cancellation of the health professional’s registration.
126	Renewal notice for registration
	(1)	A renewal notice for the registration of a registered health professional is a notice, addressed to the health professional, that states that the health professional’s registration will end if it is not renewed on or before a date stated in the notice.
	(2)	A health profession board must send a renewal to a registered health professional not later than 4 weeks, and not earlier than 8 weeks, before the registration end date.
	(3)	If the health profession board fails to send a renewal notice to a registered health professional, or the notice is not received by the health professional, the failure or nonreceipt does not affect—
	(a)	the end of the health professional’s registration; or
	(b)	the obligation of the health professional to renew the registration if the health professional intends to practise his or her health profession after the end of the existing registration.
127	Late payment of registration
	(1)	This section applies if—
	(a)	a health professional’s registration (the expired registration) ends without being renewed; and
	(b)	the health professional pays the registration fee for renewal of the registration within 2 weeks after the registration end date for the expired registration.
	(2)	The relevant health profession board may renew the health professional’s registration with effect from the registration end date for the expired registration.
Note	A fee may be determined under the Act, s 132 for this section.
128	Retrospective re-registration
	(1)	This section applies if—
	(a)	a health professional’s registration (the expired registration) ends without being renewed; and
	(b)	the health professional does not pay the registration fee for renewal of the registration within 2 weeks after the registration end date for the expired registration.
	(2)	The relevant health profession board may renew the health professional’s registration.
Note	A fee may be determined under the Act, s 132 for this section.
	(3)	The renewal may be made effective from the day the expired registration ended or from a later day, as the health profession board considers appropriate.

Part 3.3	Maintaining competence and continuing professional development
129	Obligation to maintain competence and continue professional development
	(1)	A registered health professional must ensure that he or she remains suitable to practise the profession in which he or she is registered.
Note	Section 114 sets out the suitability to practise requirements for a health professional.
	(2)	Unless the schedule for a health profession otherwise provides, a corporation must ensure that each director of the corporation remains suitable to practise the profession in which the corporation is registered.
130	Programs for maintenance of competence
A health profession board must, in writing, establish, or facilitate the establishment of, programs to support, promote and assess health professionals’ general and professional competence.
131	Standards for maintenance of competence
	(1)	The standards under this section are part of the suitability to practise standards relating to the maintenance of competence.
	(2)	A health profession board must, in consultation with professional representative bodies, develop or endorse written standards about the action registered health professionals need to take to maintain competence and continue professional development.
	(3)	The health profession board must ensure, as far as practicable, that the standards developed or endorsed are consistent with any standards developed by professional representative bodies for the health profession.
	(4)	An endorsement of standards may be an endorsement of standards as in force from time to time.
	(5)	A standard, or an endorsement of standards, is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(6)	The standards must include the following:
	(a)	requirements for maintaining professional competence and professional development;
	(b)	how the requirements are satisfied and demonstrated, including—
	(i)	the frequency and extent of any required training, instruction or practical experience; and
	(ii)	the time within which the training, instruction or practical experience must be completed; and
	(iii)	detail of any examination required; and
	(iv)	the reporting requirements.
	(7)	The standards may provide that membership of a named organisation or participation in a named course or program is sufficient evidence of maintenance of competence to practise and professional development.
	(8)	A health profession board may establish a committee to assist in overseeing the board’s continuing competence and professional development program.
132	Use of information about continuing competence etc
	(1)	A health profession board may use information it receives about a registered health professional’s continuing competence or professional development to take action to protect public safety or in the public interest.
	(2)	The action the health profession board may take includes the following: 
	(a)	reporting annually to the Minister, using non-identifying information, on the general performance or achievement of a regulated health profession as a whole or within specialist areas;
	(b)	providing information or advice to registered health professionals about their performance, including comparisons to best practice;
	(c)	providing information to someone else with the consent of the registered health professional;
	(d)	using information to support the board’s advice or decision on what to do about a report or matter referred to the board by the commissioner for health complaints in relation to a health professional.
	(3)	Also, if information received under this part in relation to a health professional indicates a potential risk to public safety, the health profession board may treat the matter as a report about the health professional.

Chapter 4	Required standard of practice
Part 4.1	Required standard of practice generally
133	Purpose of ch 4
This chapter—
	(a)	allows a health profession board to decide what behaviour does and does not meet the required standard of practice in relation to relevant health professionals, so that the health professionals can tell what they should, and should not, be doing to be competent to practise; and
	(b)	sets out how a health professional may be judged against the standard; and
	(c)	sets out the required standard of practice that, if breached, will mean the health professional is not competent to practise.
134	Standards statements
	(1)	A standards statement is a statement designed to raise awareness of the standard of practice required from a health professional for the professional to be competent to practise, or to help the health professional improve his or her suitability to practise.
	(2)	A health profession board may develop standards to make up the required standard of practice for the health profession it regulates.
Example of standard
a code of professional conduct
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	A health profession board must approve standards developed by the board or another entity.
	(4)	However, the health profession board must not approve standards that are inconsistent with standards approved by a professional body representing the health profession unless satisfied that the inconsistent standard is necessary to protect the public.
	(5)	If a health profession board approves a standard statement developed by another entity, it may approve the standard as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act.
Note 3	See s 157B (5) in relation to the application of the Legislation Act, s 47.
	(6)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
135	Pattern of practice or particular acts
In deciding whether a registered health professional’s standard of practice meets the required standard of practice, the ACAT, the relevant health profession board or a panel formed by the relevant health profession board may consider the health professional’s act or acts and the health professional’s pattern of practice.
Note	Act includes fail to act (see dict).
136	Endangering public
A registered health professional breaches the required standard of practice if the health professional engages in a standard of practice that endangers public health and safety.
137	Lack of competence to practise etc
A registered health professional breaches the required standard of practice if the health professional engages in a standard of practice that demonstrates a lack of competence to practise, knowledge, skill, judgment or care by the health professional.

Part 4.2	Specific breaches of the required standard of practice
138	Purpose of pt 4.2 etc
	(1)	The purpose of this part is to prescribe a minimum for the required standard of practice.
	(2)	If a health professional breaches this part, the health professional breaches the required standard of practice and is not competent to practise unless the health profession board decides otherwise.
139	Breach of standards statements
A registered health professional must not breach a standards statement that applies to the professional.
140	Telling board about proceedings relating to health professional
	(1)	A registered health professional must tell the health profession board for the health professional if the health professional is charged with an offence.
	(2)	A notice under subsection (1) must—
	(a)	identify the charge sufficiently to allow the health profession board to decide whether the charge indicates that the health professional may be contravening the Act; and
	(b)	be made as soon as practicable after the day the health professional is charged, but in any case within 7 days after that day.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
141	Infection control and notifiable diseases
A registered health professional must comply with legislation that prescribes requirements for infection control and reporting of notifiable disease.
142	Substances that affect health professional’s abilities
	(1)	A registered health professional must not practise while under the influence of a substance (whether alcohol, a medicine, a prohibited substance or another substance) if the substance affects the health professional’s ability to practise.
Note	Prohibited substance—see the dictionary.
	(2)	A registered health professional must not practise while dependent on a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may adversely affect the health professional’s ability to practise.
143	Controlled medicines and prohibited substances for patients
	(1)	A registered health professional must not supply or administer a controlled medicine or prohibited substance to a drug-dependent person.
Note	Controlled medicine and prohibited substance—see the dictionary.
	(2)	This section does not apply to a controlled medicine if the controlled medicine is required for the medical treatment of the drug‑dependent person and is supplied or administered as part of a treatment plan for the person.
	(3)	In this section:
drug-dependent person—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.
supply—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 24.
144	Inappropriate behaviour
	(1)	A registered health professional must not engage in inappropriate behaviour involving someone who is, or was, a user of a health service provided by the health professional.
	(2)	A standards statement may set out what kind of behaviour is inappropriate in relation to a health profession.
145	Reporting other health professionals
A registered health professional is taken to have contravened the required standard of practice if—
	(a)	the health professional believes on reasonable grounds that—
	(i)	another registered health professional has contravened or is contravening a required standard of practice or a suitability to practice requirement; and
	(ii)	the contravention has had, or is likely to have, a substantial effect on a member of the public; and
	(b)	the contravention does not relate to an administrative matter; and
	(c)	the health professional does not tell a health professional board about the belief; and
	(d)	the contravention has, or has had, a substantial effect on a member of the public.
146	Clinical records
	(1)	A registered health professional must maintain adequate clinical records.
	(2)	A registered health professional must not change a clinical record to deceive anyone.
147	Misrepresenting facts in certificates
A registered health professional must not, while practising as a health professional, sign a certificate that misrepresents a fact.
148	Treatment by assistants
	(1)	A registered health professional must not allow someone else (an assistant) to treat a user of a health service provided by or on behalf of the health professional, or perform a procedure, on the health professional’s behalf if the treatment, or procedure, requires professional discretion or skill.
	(2)	Subsection (1) does not apply if—
	(a)	the treatment is given, or the procedure performed, as part of a program to train the assistant to become a registered health professional; or
	(b)	the assistant is a registered health professional.
	(3)	A registered health professional must adequately supervise anyone providing health services on behalf of the health professional.
149	Misleading advertising
A registered health professional must not advertise a health service in a way that is misleading.
149A	Practising under allowed name
A registered health professional must not practise under a name other than the name the health professional is allowed to practice under (see section 121 (a)).
150	Behaviour that contravenes another law
	(1)	A registered health professional must not engage in behaviour that contravenes another law in a way that reflects on the ability or commitment of the health professional to provide an adequate standard of care for patients.
	(2)	Without limiting the behaviour mentioned in subsection (1), a health professional engages in behaviour of that kind if—
	(a)	while registered—
	(i)	the health professional is convicted, or found guilty, of an offence punishable by imprisonment for 6 months or longer; and
	(ii)	the behaviour on which the conviction, or finding of guilt, is based reflects adversely on the professional’s suitability to practise; or
	(b)	the health professional is convicted, or found guilty, of an offence against the Health Insurance Act 1973 (Cwlth) committed while registered; or
	(c)	the health professional breaches the health code while registered.
	(3)	In this section:
health code—see the Human Rights Commission Act 2005, dictionary.

Chapter 5	The register
    
151	Register
	(1)	A health profession board must keep a register.
	(2)	The register may be kept in the form of 1 or more registers, or 1 or more parts, as long as the register complies with the Act.
	(3)	The health profession board must ensure that the information in the register is as accurate and current as practicable.
	(4)	The health profession board must on application, and may on its own initiative, make the changes necessary to the register to give effect to subsection (3).
	(5)	If a court or the ACAT orders the health profession board to make a change to the register, the board must make the change.
152	Contents of register
	(1)	The register kept by a health profession board must contain the registration details of each person registered as a health professional for a health profession it regulates.
	(2)	The register may also contain other information in relation to a registered health professional that the health profession board considers necessary or desirable.
	(3)	For this section:
registration details, for a person, means the following details:
	(a)	the details required to be included in the person’s application for registration under section 112;
	(b)	the provision under which the person was registered;
	(c)	the registration number given to the person;
	(d)	the registration date and, if the registration has been renewed, the latest renewal date;
	(e)	any condition on registration;
	(f)	if the person’s registration is suspended—the date the suspension began and is to end.
Examples for par (b)
1	s 113 (1) (a) for unconditional registration
2	s 113 (1) (b) for conditional registration
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
153	Information in register to be accessible and extractable
The register kept by a health profession board must be kept in a way that allows the information about a registered health professional to be readily reproduced in an easily readable form.
154	Executive officer responsible for register
	(1)	The executive officer of a health profession board must keep the register on behalf of the board.
	(2)	Without limiting how the executive officer may keep the register, the executive officer may do the following in relation to the register:
	(a)	include the details of newly registered health professionals;
	(b)	remove the details of health professionals who are no longer registered;
	(c)	correct information in the register that is not, or is no longer, accurate.
	(3)	To remove any doubt, the removal of details of a health professional who is no longer registered does not prevent the executive officer from keeping a record of details removed.
155	Access to register
	(1)	The register kept by a health profession board must be open for inspection by the public at reasonable times.
	(2)	However, information that is not required to be included in the register under section 152 (Contents of register) need not be available to the public.
	(3)	Also, the health profession board need not allow public inspection of a condition on the registration of a person if—
	(a)	the condition contains information about someone other than the registered person that the board is satisfied is, or may possibly be, confidential; or
	(b)	in the board’s opinion, the benefit to the public of knowing the condition is outweighed by the personal or prejudicial nature of the condition.
	(4)	The health profession board may, if asked, give someone a copy of, or extract from, the register.
Note	If a fee is determined under the Act, s 132 for a request under s (4), the fee must be paid.
156	Requests for changes of details in register
	(1)	A person may apply to the health profession board for a change to be made to the information in the register kept by the board.
	(2)	If someone applies for a change, the health profession board must consider whether the change is necessary and tell the applicant, in writing, whether the board considers the change necessary.
Note	Because the health profession board is required to keep the register current and accurate, if the board considers the change necessary the board must make the change under s 151 (4).
157	When board must not charge fees etc for register corrections
A health profession board may not charge a fee, or must refund any fee paid, on application for a change in the register kept by the board if the change is necessary because of a mistake of the board.

Chapter 5A	Reviewable decisions
157AA	Reviewable decisions—Act, s 47
A decision mentioned in schedule 20, column 3 made under a provision mentioned in column 2 in relation to the decision is prescribed.
157AB	Right of review and notice—Act, s 48 and s 49 (a)
An entity mentioned in schedule 20, column 4 is prescribed.

Chapter 6	Miscellaneous
157A	Inspection of incorporated documents
	(1)	This section applies to an incorporated document, or an amendment or replacement of an incorporated document.
Note	For the meaning of incorporated document, see the dictionary.
	(2)	The health profession board in relation to the incorporated document must ensure that the document, amendment or replacement is made available for inspection free of charge to the public on business days at reasonable times at the office of the health profession board.
	(3)	In this section:
amendment, of an incorporated document—see section 157B (6).
157B	Notification of certain incorporated documents
	(1)	This section applies to—
	(a)	an incorporated document; or
	(b)	an amendment of, or replacement for, an incorporated document.
Example of replacement standard
a new edition of the incorporated document
Note 1	For the meaning of incorporated document, see the dictionary.
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The health profession board in relation to the incorporated document may prepare a written notice (an incorporated document notice) for the incorporated document, amendment or replacement that contains the following information:
	(a)	for an incorporated document—details of the document, including its title, author and date of publication;
	(b)	for a replacement of an incorporated document—details of the replacement, including its title, author and date of publication;
	(c)	for an amendment of an incorporated document—the date of publication of the amendment (or of the standard as amended) and a brief summary of the effect of the amendment;
	(d)	for an incorporated document or any amendment or replacement—
	(i)	a date of effect (no earlier than the day after the day of notification of the notice); and
	(ii)	details of how access to inspect the document, amendment or replacement may be obtained under section 157A (Inspection of incorporated documents); and
	(iii)	details of how copies may be obtained, including an indication of whether there is a cost involved.
	(3)	An incorporated document notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	The incorporated document, amendment or replacement has no effect under this regulation unless—
	(a)	an incorporated document notice is notified in relation to the standard, amendment or replacement; or
	(b)	the document, amendment or replacement is notified under the Legislation Act, section 47 (6).
	(5)	The Legislation Act, section 47 (7) does not apply in relation to the incorporated document, amendment or replacement.
	(6)	In this section:
amendment, of an incorporated document, includes an amendment of a replacement for the incorporated document.
replacement, for an incorporated document, means—
	(a)	a standard that replaces the incorporated document; or
	(b)	a document (an initial replacement) that replaces a document mentioned in paragraph (a); or
	(c)	a document (a further replacement) that replaces an initial replacement or any further replacement.
157C	Approved forms—health profession boards
	(1)	A health profession board may approve forms for a relevant health profession.
	(2)	If the health profession board approves a form for a particular purpose, the approved form must be used for the purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Schedule 1	Regulated professions
(see s 4)

column 1
item	column 2
health profession board	column 3
health profession	column 4
relevant schedule	
1	ACT Veterinary Surgeons Board	veterinary surgeons	12	
2	ACT Medical Radiation Scientists Board	medical radiation scientists	15	

Schedule 12	Veterinary Surgeons
    
(see s 4 and sch 1)
Note to sch 12
The Act and Regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:
·	under the Act, s 37 (1) (b), an applicant must have a knowledge of written and spoken English that is adequate to allow the person to practise
·	under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
·	under s 112, certain matters must be included in an application for registration
·	under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
	(a)	whether the person is mentally and physically well enough to practise; and
	(b)	whether the person has communication skills that allow the person to practise effectively without endangering patients; and
	(c)	whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person’s ability to practise; and
	(d)	whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
	(e)	whether the person’s experience is recent and sufficient to allow the person to practise.
12.1	Definitions—sch 12
In this schedule:
AVBC means the Australasian Veterinary Boards Council.
board means the ACT Veterinary Surgeons Board.
regulatory authority means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate the veterinary profession in the jurisdiction or place.
Note	A local jurisdiction is a State or New Zealand (see Act, dict).
veterinary surgeon means an individual who is registered as a veterinary surgeon under this schedule.
12.2	General area of operation of veterinary surgery profession—Act, s 22 (1) (a)
The practice of veterinary surgery involves the following:
	(a)	attending to the health of animals;
	(b)	giving advice on the health and welfare of animals, public health and the safety of food derived from animals; 
	(c)	the study of the health and welfare of animals; 
	(d)	the prevention of animal diseases; 
	(e)	diagnosis, and medical or surgical treatment, of disease or injury in animals;
	(f)	prescribing medicines for veterinary purposes;
	(g)	providing veterinary certificates.
12.3	Qualifications as suitability to practise requirements for veterinary surgeon—Act, s 23 (a)
To practise as a veterinary surgeon, an individual—
	(a)	must be a graduate of a course of education offered by an Australian or New Zealand institution that is accredited by AVBC or approved by the board; or
Note	Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
	(b)	must have completed a course of education in veterinary surgery or veterinary science outside Australia and New Zealand that is accredited by AVBC or approved by the board; or
	(c)	must have—
	(i)	completed a course of education in veterinary medicine, veterinary surgery or veterinary science outside Australia and New Zealand; and
	(ii)	passed an examination held by AVBC.
12.4	Specialist areas and suitability to practise requirements—Act, s 23 (c)
An individual meets the requirements for registration in a specialist area of veterinary surgery if the individual—
	(a)	is a veterinary surgeon; and
	(b)	holds a qualification in a specialist area of veterinary surgery that is approved in writing by the AVBC.
12.5	Maintenance and demonstration of professional development, continued competence and recency of practice for veterinary surgeons—Act, s 23 (d)
	(1)	To demonstrate adequate professional development at the time of application for registration as a veterinary surgeon, the applicant must, if required by the board, give the board written evidence—
	(a)	that the applicant has practised as a veterinary surgeon under the supervision of a veterinary surgeon and is competent to practise; or
	(b)	that the applicant attended and satisfactorily completed a training program approved by the board; or
	(c)	that the applicant has undertaken professional development activities; or
	(d)	that the applicant otherwise demonstrates professional development the board considers adequate.
	(2)	To demonstrate continuing competence at the time of application for registration as a veterinary surgeon, the applicant must, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.
	(3)	To demonstrate recency of practice at the time of application for registration as a veterinary surgeon, the applicant must, if required by the board, give the board written evidence—
	(a)	that the applicant has practised as a veterinary surgeon in the 5 years before the day the application is made; or
	(b)	that the applicant attended and satisfactorily completed a training course approved by the board; or
	(c)	that the applicant otherwise demonstrates recency of practice the board considers adequate.
	(4)	In this section:
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for a veterinarian surgeon developed or endorsed under section 131.
Note 1	Register, a person, includes renew the person’s registration (see Act, dict).
Note 2	For application requirements, see s 112.
12.6	Board membership—Act, s 24
The board is made up of the president and the following people:
	(a)	3 elected members;
	(b)	3 appointed members, 1 of whom is a community representative.
12.7	Required insurance policy—Act, s 37 (1) (d)
	(1)	A veterinary surgeon must maintain a policy of professional indemnity insurance at a level approved by the board.
	(2)	However, subsection (1) does not apply to a veterinary surgeon if the veterinary surgeon—
	(a)	is covered by professional indemnity insurance (the other insurance) other than insurance maintained by the veterinary surgeon; and
	(b)	only practises as a veterinary surgeon while covered by the other insurance.
12.8	Conditional registration not limited
This schedule does not limit when a veterinary surgeon may be conditionally registered or the conditions that may be imposed on registration.
12.9	Registration end date—regulation, s 120 (b) (i) and s 121 (c)
The registration end date for a certificate of registration is 30 June following registration.

Schedule 15	Medical radiation scientists
(see s 4 and sch 1)
Note to sch 15
The Act and Regulation contain other provisions that apply to applications for registration and the regulation of the profession under this schedule, for example:
·	under the Act, s 37 (1) (b), an applicant must have a knowledge of written and spoken English that is adequate to allow the person to practise 
·	under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
·	under s 112, certain matters must be included in an application for registration
·	under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
	(a)	whether the person is mentally and physically well enough to practise; and
	(b)	whether the person has communication skills that allow the person to practise effectively without endangering patients; and
	(c)	whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person’s ability to practise; and
	(d)	whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
	(e)	whether the person’s experience is recent and sufficient to allow the person to practise.
15.1	Definitions—sch 15
In this schedule:
board means the ACT Medical Radiation Scientists Board.
diagnostic radiographer means an individual who is registered as a diagnostic radiographer under this schedule.
medical radiation scientist means an individual who is—
	(a)	a diagnostic radiographer; or
	(b)	a radiation therapist; or
	(c)	a nuclear medicine scientist.
nuclear medicine scientist means an individual who is registered as a nuclear medicine scientist under this schedule.
radiation therapist means an individual who is registered as a radiation therapist under this schedule.
regulatory authority means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate the medical radiation science profession in the jurisdiction or place.
Note	A local jurisdiction is a State or New Zealand (see Act, dict).
15.2	General area of operation of diagnostic radiographer profession—Act, s 22 (1) (a)
	(1)	The practice of a diagnostic radiographer involves—
	(a)	producing images using ionising radiation and other modalities to help in the diagnosis and management of disease or injury in humans; and
	(b)	ensuring diagnostic radiography imaging equipment used by the radiographer is accurate and safe.
Note	The Radiation Protection Act 2006, div 3.1 (Safety duties) imposes certain duties on people who deal with a regulated radiation source.
	(2)	The practice of a diagnostic radiographer also includes the following:
	(a)	giving advice about radiography issues to other health professionals;
	(b)	conducting radiography research;
	(c)	educating and training people in the diagnostic radiographer profession;
	(d)	giving information to patients about a procedure relating to diagnostic radiography.
15.3	General area of operation of radiation therapist profession—Act, s 22 (1) (a)
	(1)	The practice of a radiation therapist involves—
	(a)	developing, implementing and evaluating radiation therapy treatment plans to contain, cure or relieve disease or injury in humans; and
	(b)	ensuring radiation therapy equipment used by the therapist is accurate and safe.
Note	The Radiation Protection Act 2006, div 3.1 (Safety duties) imposes certain duties on people who deal with a regulated radiation source.
	(2)	The practice of a radiation therapist also includes the following:
	(a)	giving advice about radiation therapy issues to other health professionals;
	(b)	conducting radiation therapy research;
	(c)	educating and training people in the radiation therapy profession;
	(d)	giving information to patients about a procedure relating to radiation therapy.
15.4	General area of operation of nuclear medicine scientist profession—Act, s 22 (1) (a)
	(1)	The practice of a nuclear medicine scientist involves—
	(a)	preparing, dispensing and administering radiopharmaceuticals to help in—
	(i)	the diagnosis of disease or injury in humans; and
	(ii)	the palliation or treatment of disease in humans; and
	(b)	preparing patients for nuclear medicine diagnostic or therapeutic procedures; and
	(c)	using radioactive material for haematological investigations; and
	(d)	securing radioactive material and waste for disposal.
Note	The Radiation Protection Act 2006, div 3.1 (Safety duties) imposes certain duties on people who deal with a regulated radiation source.  Deal with includes disposes of the radiation source and, for radioactive material, stores, packs or transports the material.
	(2)	The practice of a nuclear medicine scientist also includes the following:
	(a)	giving advice about nuclear medicine issues to other health professionals;
	(b)	conducting nuclear medicine research;
	(c)	educating and training people in the nuclear medicine scientist profession;
	(d)	giving information to patients about a procedure relating to nuclear medicine.
15.5	Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)
To practise as a diagnostic radiographer, an individual—
	(a)	must have—
	(i)	a degree or diploma in medical radiation science (diagnostic radiography) (however described) conferred or awarded by an Australian or New Zealand tertiary institution that is approved by the board or is a qualification for registration in a local jurisdiction; and
Note 1	A local jurisdiction is a State or New Zealand (see Act, dict).
Note 2	Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
	(ii)	completed a period of supervised training that is approved by the board or is acceptable for registration in a local jurisdiction; or
	(b)	must hold a current validated statement of accreditation in diagnostic radiography (however described) issued by the Australian Institute of Radiography; or
	(c)	must have completed—
	(i)	a course of education in diagnostic radiography at a place outside Australia or New Zealand that is approved by the board or is a qualification for registration in a local jurisdiction; and
	(ii)	training in diagnostic radiography at a place outside Australia or New Zealand that is approved by the board or is acceptable for registration in a local jurisdiction.
15.6	Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)
To practise as a radiation therapist, an individual—
	(a)	must have—
	(i)	a degree or diploma in medical radiation science (radiation therapy) (however described) conferred or awarded by an Australian or New Zealand tertiary institution that is approved by the board or is a qualification for registration in a local jurisdiction; and
Note 1	A local jurisdiction is a State or New Zealand (see Act, dict).
Note 2	Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
	(ii)	completed a period of supervised training that is approved by the board or is acceptable for registration in a local jurisdiction; or
	(b)	must hold a current validated statement of accreditation in radiation therapy (however described) issued by the Australian Institute of Radiography; or
	(c)	must have completed—
	(i)	a course of education in radiation therapy at a place outside Australia or New Zealand that is approved by the board or is a qualification for registration in a local jurisdiction; and
	(ii)	training in radiation therapy at a place outside Australia or New Zealand that is approved by the board or is acceptable for registration in a local jurisdiction.
15.7	Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)
To practise as a nuclear medicine scientist, an individual—
	(a)	must have—
	(i)	a degree in medical radiation science (nuclear medicine) (however described) conferred by an Australian or New Zealand tertiary institution that is approved by the board or is a qualification for registration in a local jurisdiction; and
Note 1	A local jurisdiction is a State or New Zealand (see Act, dict).
Note 2	Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
	(ii)	completed a period of supervised training that is approved by the board or is acceptable for registration in a local jurisdiction; or
	(b)	must have a certificate of accreditation awarded by the Australian and New Zealand Society of Nuclear Medicine Incorporated; or
	(c)	must have completed—
	(i)	a course of education in nuclear medicine at a place outside Australia or New Zealand that is approved by the board or is a qualification for registration in a local jurisdiction; and
	(ii)	training in nuclear medicine at a place outside Australia or New Zealand that is approved by the board or is acceptable for registration in a local jurisdiction.
15.8	Maintenance and demonstration of professional development, continued competence and recency of practice for medical radiation scientists—Act, s 23 (d)
	(1)	To demonstrate adequate professional development when applying for registration as a medical radiation scientist, the applicant must, for the kind of medical radiation scientist the applicant is applying to be registered as, if required by the board, give the board written evidence that the applicant—
	(a)	has attended and satisfactorily completed a training program approved by the board; or
	(b)	has undertaken professional development activities; or
	(c)	otherwise demonstrates professional development that the board considers adequate.
	(2)	To demonstrate continuing competence when applying for registration as a medical radiation scientist, the applicant must, for the kind of medical radiation scientist the applicant is applying to be registered as, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.
	(3)	To demonstrate recency of practice when applying for registration as a medical radiation scientist, the applicant must, for the kind of medical radiation scientist the applicant is applying to be registered as, if required by the board, give the board written evidence that the applicant—
	(a)	has practised as the kind of medical radiation scientist in the 5 years before the day the application is made; or
	(b)	has attended and satisfactorily completed a training program approved by the board; or
	(c)	otherwise demonstrates recency of practice that the board considers adequate.
	(4)	In this section:
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for medical radiation scientists developed or endorsed under section 131.
Note 1	Register, a person, includes renew the person’s registration (see Act, dict).
Note 2	For application requirements, see s 112.
15.9	Board membership—Act, s 24
	(1)	The board is made up of 7 appointed members including the president.
	(2)	The members must be—
	(a)	2 diagnostic radiographers; and
	(b)	2 radiation therapists; and
	(c)	2 nuclear medicine scientists; and
	(d)	a community representative.
	(3)	The president of the board must be a medical radiation scientist.
	(4)	If the Minister has taken all reasonable steps to appoint a member from a particular profession (the prescribed profession) for subsection (2) and has been unable to do so, the Minister may appoint temporarily—
	(a)	if the prescribed profession is a diagnostic radiographer—a radiation therapist or nuclear medicine scientist; or
	(b)	if the prescribed profession is a radiation therapist—a diagnostic radiographer or nuclear medicine scientist; or
	(c)	if the prescribed profession is a nuclear medicine scientist—a diagnostic radiographer or radiation therapist.
	(5)	An appointment under subsection (4) ends when the Minister appoints a member from the prescribed profession.
15.10	Required insurance policy—Act, s 37 (1) (d)
	(1)	A medical radiation scientist must maintain a policy of professional indemnity insurance at a level approved by the board.
	(2)	However, subsection (1) does not apply to a medical radiation scientist if the scientist—
	(a)	is covered by professional indemnity insurance (the other insurance) other than insurance maintained by the medical radiation scientist; and
	(b)	only practises as a medical radiation scientist while covered by the other insurance.
15.11	Conditional registration of student and graduate diagnostic radiographers—Act, s 37 (5) (b)
	(1)	The board may register an individual as a diagnostic radiographer if satisfied—
	(a)	that the individual—
	(i)	is enrolled in a course the satisfactory completion of which results in the conferral of a degree or award of a diploma mentioned in section 15.5 (a) (i) (Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)); or
	(ii)	has a degree or diploma, mentioned in section 15.5 (a) (i); or
	(iii)	holds a statement of accreditation mentioned in section 15.5 (b); or
	(iv)	is a graduate of, or enrolled in, a course of education or training that is approved under section 15.5 (c); and
	(b)	that the individual needs to be registered to do 1 or both of the following:
	(i)	undertake further education or training approved by the board to achieve the standard required of diagnostic radiographers in the ACT;
	(ii)	undergo a period of practice under supervision as a diagnostic radiographer to allow the individual to become registered in the ACT.
	(2)	Registration under this section is subject to the condition that the individual only practises as a diagnostic radiographer—
	(a)	under the supervision of a diagnostic radiographer whose registration entitles the radiographer to practise diagnostic radiography without supervision; and
	(b)	if the individual needs to undertake further education—as part of the education.
15.12	Conditional registration of student and graduate radiation therapists—Act, s 37 (5) (b)
	(1)	The board may register an individual as a radiation therapist if satisfied—
	(a)	that the individual—
	(i)	is enrolled in a course the satisfactory completion of which results in the conferral of a degree or award of a diploma mentioned in section 15.6 (a) (i) (Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)); or
	(ii)	has a degree or diploma, mentioned in section 15.6 (a) (i); or
	(iii)	holds a statement of accreditation mentioned in section 15.6 (b); or
	(iv)	is a graduate of, or enrolled in, a course of education or training that is approved under section 15.6 (c); and
	(b)	that the individual needs to be registered to do 1 or both of the following:
	(i)	undertake further education or training approved by the board to achieve the standard required of radiation therapists in the ACT;
	(ii)	undergo a period of practice under supervision as a radiation therapist to allow the individual to become registered in the ACT.
	(2)	Registration under this section is subject to the condition that the individual only practises as a radiation therapist—
	(a)	under the supervision of a radiation therapist whose registration entitles the therapist to practise radiation therapy without supervision; and
	(b)	if the individual needs to undertake further education—as part of the education.
15.13	Conditional registration of student and graduate nuclear medicine scientists—Act, s 37 (5) (b)
	(1)	The board may register an individual as a nuclear medicine scientist if satisfied—
	(a)	that the individual—
	(i)	is enrolled in a course the satisfactory completion of which results in the conferral of a degree mentioned in section 15.7 (a) (i) (Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)); or
	(ii)	has a degree mentioned in section 15.7 (a) (i); or
	(iii)	has a certificate mentioned in section 15.7 (b); or
	(iv)	is a graduate of, or enrolled in, a course of education or training that is approved under section 15.7 (c); and
	(b)	that the individual needs to be registered to do 1 or both of the following:
	(i)	undertake further education or training approved by the board to achieve the standard required of nuclear medicine scientists in the ACT;
	(ii)	undergo a period of practice under supervision as a nuclear medicine scientist to allow the individual to become registered in the ACT.
	(2)	Registration under this section is subject to the condition that the individual only practises as a nuclear medicine scientist—
	(a)	under the supervision of a nuclear medicine scientist whose registration entitles the scientist to practise nuclear medicine without supervision; and
	(b)	if the individual needs to undertake further education—as part of the education.
15.14	Conditional registration of diagnostic radiographer with unapproved qualifications—Act, s 37 (5) (b)
	(1)	The board may register an individual as a diagnostic radiographer if satisfied that—
	(a)	the individual—
	(i)	has a degree or diploma in medical radiation science (diagnostic radiography) (however described) conferred or awarded by an Australian or New Zealand tertiary institution that is not approved by the board or is not a qualification for registration in a local jurisdiction under section 15.5 (a) (i) Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a); or
	(ii)	has completed a course of education or training in diagnostic radiography at a place outside Australia or New Zealand that is not approved by the board or not a qualification, or acceptable, for registration in a local jurisdiction under section 15.5 (c); and
	(b)	the individual needs to be registered to do 1 or both of the following:
	(i)	undertake further education or training approved by the board to achieve the standard required of diagnostic radiographers in the ACT;
	(ii)	undergo a period of practice under supervision as a diagnostic radiographer to allow the individual to become registered in the ACT.
	(2)	Registration under this section is subject to the condition that the individual only practises as a diagnostic radiographer—
	(a)	under the supervision of a diagnostic radiographer whose registration entitles the radiographer to practise diagnostic radiography without supervision; and
	(b)	if the individual needs to undertake further education—as part of the education.
15.15	Conditional registration of radiation therapist with unapproved qualifications—Act, s 37 (5) (b)
	(1)	The board may register an individual as a radiation therapist if satisfied that—
	(a)	the individual—
	(i)	has a degree or diploma in medical radiation science (radiation therapy) (however described) conferred or awarded by an Australian or New Zealand tertiary institution that is not approved by the board or is not a qualification for registration in a local jurisdiction under section 15.6 (a) (i) Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a); or
	(ii)	has completed a course of education or training in radiation therapy at a place outside Australia or New Zealand that is not approved by the board or not a qualification, or acceptable, for registration in a local jurisdiction under section 15.6 (c); and
	(b)	the individual needs to be registered to do 1 or both of the following:
	(i)	undertake further education or training approved by the board to achieve the standard required of radiation therapists in the ACT;
	(ii)	undergo a period of practice under supervision as a radiation therapist to allow the individual to become registered in the ACT.
	(2)	Registration in accordance with this section is subject to the condition that the individual only practises as a radiation therapist—
	(a)	under the supervision of a radiation therapist whose registration entitles the therapist to practise radiation therapy without supervision; and
	(b)	if the individual needs to undertake further education—as part of the education.
15.16	Conditional registration of nuclear medicine scientist with unapproved qualifications—Act, s 37 (5) (b)
	(1)	The board may register an individual as a nuclear medicine scientist if satisfied that—
	(a)	the individual—
	(i)	has a degree in medical radiation science (nuclear medicine) (however described) conferred by an Australian or New Zealand tertiary institution that is not approved by the board or is not a qualification for registration in a local jurisdiction under section 15.7 (a) (i) Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a); or
	(ii)	has completed a course of education or training in nuclear medicine at a place outside Australia or New Zealand that is not approved by the board or not a qualification, or acceptable, for registration in a local jurisdiction under section 15.7 (c); and
	(b)	the individual needs to be registered to do 1 or both of the following:
	(i)	undertake further education or training approved by the board to achieve the standard required of nuclear medicine scientists in the ACT;
	(ii)	undergo a period of practice under supervision as a nuclear medicine scientist to allow the individual to become registered in the ACT.
	(2)	Registration in accordance with this section is subject to the condition that the individual only practises as a nuclear medicine scientist—
	(a)	under the supervision of a nuclear medicine scientist whose registration entitles the scientist to practise nuclear medicine without supervision; and
	(b)	if the individual needs to undertake further education—as part of the education.
15.17	Conditional registration for medical radiation scientists who want to teach etc—Act, s 37 (5) (b)
	(1)	This section applies if—
	(a)	an individual has applied for registration as a medical radiation scientist; and
	(b)	the individual needs to be registered to take up a teaching or research position.
	(2)	The board may register the individual—
	(a)	if satisfied that the individual has qualifications the board considers appropriate for the position the individual intends to take up; and
	(b)	if the individual provides a letter of offer from the individual’s prospective employer stating the conditions of employment and giving the name of the individual’s proposed supervisor.
15.18	Conditional registration not limited
This schedule does not limit when a medical radiation scientist may be conditionally registered or the conditions that may be imposed on registration.
15.19	Registration end date—regulation, s 120 (b) (i)
The day fixed for the end of a period of registration of a medical radiation scientist is the 30 November following the registration.
15.24	Board membership—Act, s 24—transitional
	(1)	The Minister may, under section 5 (Board president), appoint a member of the board appointed under subsection (2) to be president of the board.
Note 1	For making of appointments (including acting appointments), see the Legislation Act, pt 19.3
Note 2	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(2)	The Minister may, under section 10 (Appointment of board members), appoint a person to be a member of the board, other than as the community representative, if satisfied the person—
	(a)	has appropriate qualifications and expertise to practise as a medical radiation scientist; and
	(b)	has practised as a medical radiation scientist in the ACT or a local jurisdiction for a continuous period of at least 3 years immediately before the day of the appointment, whether or not the person is or has been registered.
	(3)	The Minister may appoint a person, other than a person mentioned in subsection (2), to be the first community representative member if satisfied that the person has interests, skills or qualifications that will help the board in carrying out the main object of the Act.
Note	The main object of the Act is set out in the Act, s 13.
	(4)	Subsections (1) to (3) have effect despite any of the following:
	(a)	section 5 (2) (Board president);
	(b)	section 10 (2) and (4) (Appointment of board members);
	(c)	section 12 (Community representatives);
	(d)	section 15.9 (Board membership—Act, s 24).
	(5)	In this section:
continuous period, of practice, includes any period or periods of absence from practice the total of which is not more than 6 months.
15.25	Expiry—s 15.20 to 15.25
	(1)	Sections 15.20 to 15.23 expire on 30 November 2010.
	(2)	Section 15.24 and this section expire on 30 November 2012.
	(3)	Sections 15.20 to 15.24 and this section are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Schedule 20	Reviewable decisions
(see ch 5A)

column 1
item	column 2
section	column 3
decision	column 4
entity	
1	Act, 122	decision of the professional standard panel	applicant for registration	
2	113 (1) (a)	register person	applicant for registration	
3	113 (1) (b)	register person conditionally	applicant for registration	
4	113 (1) (c) 	refuse to register person 	applicant for registration	
5	120	register someone for less than 1 year	applicant for registration	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	correctional centre
·	disallowable instrument (see s 9)
·	electoral commissioner
·	Executive
·	function
·	penalty unit (see s 133)
·	person
·	under.
Note 3	Terms used in this regulation have the same meaning that they have in the Health Professionals Act 2004 (see Legislation Act, s 148.)  For example, the following terms are defined in the Health Professionals Act 2004, dict:
·	community representative list
·	corresponding law
·	health profession board
·	local jurisdiction
·	relevant health profession board (see s 19)
·	report.
act includes fail to act.
AVBC, for schedule 12 (Veterinary Surgeons)—see schedule 12, section 12.1.
ballot paper envelope, for part 2.3 (Elections)—see section 23.
board, for a schedule, means the health profession board, as defined in the first section of the schedule.
board deputy president—see section 6.
board president—see section 5.
board member, of a health profession board, means each of the following of the health profession board:
	(a)	the board president;
	(b)	the board deputy president;
	(c)	a board member appointed under section 10;
	(d)	a board member elected under part 2.3 (Elections).
bribery, for division 2.3.4 (Disputed elections)—see section 62.
casual vacancy, for division 2.3.3 (Casual and temporary vacancies in elected positions)—see section 53.
close of poll day, for an election for a health profession, for part 2.3 (Elections)—see section 24 (1) (d).
closing time for applications, for division 2.3.3 (Casual and temporary vacancies in elected positions)—see section 56 (2) (Candidates for casual vacancy).
contravention, of a section of the Act or the Crimes Act 1914 (Cwlth), for division 2.3.4 (Disputed elections)—see section 62.
controlled medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11.
Court of Disputed Health Elections, for division 2.3.4 (Disputed elections)—see section 63 (2).
diagnostic radiographer, for schedule 15 (Medical radiation scientists)—see section 15.1.
disputed election application, for division 2.3.4 (Disputed elections)—see section 62.
election, for a health profession—
	(a)	for part 2.3 (Elections)—see section 23; and
	(b)	for division 2.3.4 (Disputed elections)—see section 62.
election start day, for an election for a health profession, for part 2.3 (Elections)—see section 24 (1) (a).
elector, for an election for a health profession—see section 37.
Electoral Act, for part 2.3 (Elections)—see section 23.
eligible, for part 2.3 (Elections)—see section 23.
file, for division 2.3.4 (Disputed elections)—see section 62.
former board member, for division 2.3.3 (Casual vacancies in elected positions)—see section 53.
hour of nomination, for an election for a health profession, for part 2.3 (Elections)—see section 30.
incorporated document, in relation to a health profession board, means a standard statement developed by another entity and approved by the health profession board under section 134.
issue of papers day, for an election for a health profession, for part 2.3 (Elections)—see section 24 (1) (c).
leave application, for division 2.3.4 (Disputed elections)—see section 62.
list of health professionals, for an election for a health profession, for part 2.3 (Elections)—see section 26.
medical radiation scientist, for schedule 15 (Medical radiation scientists)—see section 15.1.
nomination close day, for an election for a health profession, for part 2.3 (Elections)—see section 24 (1) (b).
nuclear medicine scientist, for schedule 15 (Medical radiation scientists)—see section 15.1.
officer, for part 2.3 (Elections)—see section 23.
partial failure, for division 2.3.3 (Casual and temporary vacancies in elected positions)—see section 53.
practising certificate means a certificate given to a registered health professional under section 121 (Practising certificate), section 122 (Replacement practising certificates) or section 123 (4) (Return of practising certificate).
preliminary scrutiny, for part 2.3 (Elections)—see section 23.
prescribed election voter, for an election of a prescribed member of a health profession board, for part 2.3 (Elections)—see section 23.
prescribed member, of a health profession board, for part 2.3 (Elections)—see section 23.
proceeding, for division 2.3.4 (Disputed elections)—see section 62.
prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.
radiation therapist, for schedule 15 (Medical radiation scientists)—see section 15.1.
registrar, for division 2.3.4 (Disputed elections)—see section 62.
registration end date—see section 121 (c).
regulatory authority, for a schedule, means the regulatory authority, as defined in the first section of the schedule.
relevant health profession, in relation to a health profession board, means the health profession, or a health profession, for which the board is established.
relevant health profession schedule, in relation to a health profession, means the schedule to this regulation that regulates the profession.
renewal notice—see section 126 (1).
scrutiny centre, for an election for a health profession, for part 2.3 (Elections)—see section 23.
specialist area, for a health profession—
	(a)	means an area prescribed as a specialist area for the profession under the schedule for the profession; and
	(b)	includes a sub-specialist area prescribed under the schedule.
standards statement—see section 134.
undue influence, for division 2.3.4 (Disputed elections)—see section 62.
veterinary surgeon, for schedule 12 (Veterinary Surgeons)—see schedule 12, section 12.1.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
This regulation was originally the Health Professionals Regulations 2004.  It was renamed by the Health Professionals Amendment Regulation 2004 (No 1) SL2004-52 s 4.
Health Professionals Regulation 2004 SL2004-41
notified LR 6 September 2004
s 1, s 2 commenced 6 September 2004 (LA s 75 (1))
ch 1, ch 2, dict commenced 18 November 2004 (s 2 (1) as am by SL2004-52 s 4)
ch 3, ch 4, ch 5 (other than s 158), sch 1 item 1, sch 2 commenced 7 July 2005 (s 2 (2) (as am by SL2004-52 s 4) and CN2005-12)
s 158, sch 15 commenced 22 November 2004 (s 2 (2) as am by A2004-52 s 4 and CN2004‑26)
sch 1 items 2-11, schs 5-12 (as ins by SL2005-14 s 24 (as am by SL2006-1 s 7)) om before commenced by SL2007-1 s 41 (s 2 (2))
as amended by
Health Professionals Amendment Regulation 2004 (No 1) SL2004-52
notified LR 17 November 2004
s 1, s 2 commenced 17 November 2004 (LA s 75 (1))
remainder commenced 18 November 2004 (s 2)
Health Professionals Amendment Regulation 2005 (No 1) SL2005-14 (as am by SL2006-1 s 7; SL2006-38 s 8)
notified LR 6 July 2005
s 1, s 2 commenced 6 July 2005 (LA s 75 (1))
s 24 (in so far as it inserts sch 1 items 2-11, schs 5-12 (as am by SL2006-1 s 7)) om before commenced by SL2007-1 s 41
remainder commenced 7 July 2005 (s 2 (2))
Health Legislation Amendment Act 2005 A2005-28 sch 1 pt 1.3
notified LR 6 July 2005
s 1, s 2 commenced 6 July 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 7 July 2005 (s 2)
Health Professionals Amendment Regulation 2006 (No 1) SL2006-1
notified LR 16 January 2006
s 1, s 2 commenced 16 January 2006 (LA s 75 (1))
s 7 commenced 7 January 2007 (LA s 79A and SL2005-14)
remainder commenced 17 January 2006 (s 2)
Health Professionals Amendment Regulation 2006 (No 2) SL2006-2
notified LR 16 January 2006
s 1, s 2 commenced 16 January 2006 (LA s 75 (1))
remainder commenced 17 January 2006 (s 2)
Health Professionals Amendment Regulation 2006 (No 3) SL2006-3
notified LR 16 January 2006
s 1, s 2 commenced 16 January 2006 (LA s 75 (1))
remainder commenced 17 January 2006 (s 2)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.22
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.22 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Health Professionals Amendment Regulation 2006 (No 4) SL2006-28
notified LR 8 June 2006
s 1, s 2 commenced 8 June 2006 (LA s 75 (1))
remainder commenced 8 December 2006 (s 2 and LA s 79)
Health Professionals Amendment Regulation 2006 (No 5) SL2006-38
notified LR 7 July 2006
s 1, s 2 commenced 7 July 2006 (LA s 75 (1))
s 6, s 7 commenced 7 January 2007 (s 2 (2) and LA s 79)
remainder commenced 8 July 2006 (s 2 (1))
Health Professionals Amendment Regulation 2007 (No 1) SL2007-1
notified LR 4 January 2007
s 1, s 2 commenced 4 January 2007 (LA s 75 (1))
s 41 commenced 7 January 2007 (s 2 (1)
remainder commenced 9 January 2007 (s 2 (2))
Health Professionals Amendment Regulation 2007 (No 2) SL2007-19
notified LR 23 July 2007
s 1, s 2 commenced 23 July 2007 (LA s 75 (1))
remainder commenced 24 July 2007 (s 2)
Health Professionals Amendment Regulation 2007 (No 3) SL2007-28
notified LR 27 September 2007
s 1, s 2 commenced 27 September 2007 (LA s 75 (1))
remainder commenced 28 September 2007 (s 2)
Health Professionals Amendment Regulation 2007 (No 4) SL2007-43
notified LR 20 December 2007
s 1, s 2 commenced 20 December 2007 (LA s 75 (1))
remainder commenced 21 December 2007 (s 2)
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.14
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.14 commenced 14 February 2009 (s 2 and LA s 79)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.32
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.32 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.28
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.28 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Medicines, Poisons and Therapeutic Goods Regulation 2008 SL2008‑42 sch 6
notified LR 15 September 2008
s 1, s 2 commenced 15 September 2008 (LA s 75 (1))
sch 6 commenced 14 February 2009 (s 2 and see A2008-26 s 2 and LA s 79)
Health Professionals Amendment Regulation 2008 (No 1) SL2008-53
notified LR 22 December 2008
s 1, s 2 commenced 22 December 2008 (LA s 75 (1))
remainder commenced 23 December 2008 (s 2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.39
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.39 commenced 22 September 2009 (s 2)
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.9
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
sch 2 pt 2.9 commenced 1 July 2010 (s 2 (1) (a))
Health Professionals Amendment Regulation 2010 (No 1) SL2010-13
notified LR 19 April 2010
s 1, s 2 commenced 19 April 2010 (LA s 75 (1))
remainder commenced 20 April 2010 (s 2)
Health Professionals Amendment Regulation 2010 (No 2) SL2010-43
notified LR 1 November 2010
s 1, s 2 commenced 1 November 2010 (LA s 75 (1))
remainder commenced 2 November 2010 (s 2)
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.30
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.30 commenced 12 December 2011 (s 2)

4	Amendment history
Name of regulation
s 1	sub SL2004-52 s 4
Commencement
s 2	sub SL2004-52 s 4
	am A2005-28 amdt 1.63; SL2006-38 s 4
	om LA s 89 (4)
Dictionary
s 3	am A2008-26 amdt 2.80
Offences against regulation—application of Criminal Code etc
s 3A	ins SL2007-1 s 4
Board deputy president
s 6	am SL2005-14 s 4
Board members—election or appointment
s 9	am SL2005-14 s 5
Appointment of board members
s 10	am SL2005-14 s 6, s 7; SL2010-43 s 4
Consultation about appointment to board
s 11	am SL2004-52 s 5
Payment of assistants
s 18	am A2008-36 amdt 1.335
Functions of executive officer
s 21	am SL2007-1 s 5
General
div 2.3.1 hdg note	ins SL2004-52 s 6
Definitions for pt 2.3
s 23	def election sub SL2005-14 s 8
	def prescribed election voter ins SL2005-14 s 9
	def prescribed member ins SL2005-14 s 9
Dates for elections
s 24	am SL2004-52 s 7
If no board president
s 25	om SL2004-52 s 8
List of health professionals
s 26	am SL2004-52 s 9
	sub SL2005-14 s 10
Eligibility for nominations etc
s 28	am SL2005-14 s 11
Nominations
s 29	am SL2005-14 s 12
Declaration of candidates
s 33	am A2011-52 amdt 3.108
If no more candidates than positions
s 34	am SL2004-52 s 10
If no candidates
s 35	am SL2004-52 s 14; SL2005-14 s 13
Eligibility to vote
s 37	sub SL2005-14 s 14
Declaration etc of results
s 48	am SL2004-52 s 14; A2011-52 amdt 3.105
Scrutiny centres
s 51	am A2011-52 amdt 3.108
Approved forms for elections
s 52	am A2011-52 amdt 3.108
Application of ch 2 to first elections and suspended boards
div 2.3.1A hdg	renum as div 2.3.2 hdg
Application of ch 2 to first elections and suspended boards
div 2.3.2 hdg	orig div 2.3.2 hdg renum as div 2.3.3 hdg
	(prev div 2.3.1A hdg) ins SL2004-52 s 11
	renum R1 LA (see SL2004-52 s 12)
Application of ch 2 to first election for professions previously unregulated under the Act
s 52A	ins SL2004-52 s 11
	am SL2005-14 s 15; SL2006-38 s 5
	(7)-(11) exp 9 January 2007 (s 52A (11))
Application of ch 2 to first election of medical board under Act
s 52B	ins SL2004-52 s 11
	am SL2005-14 s 15
	exp 8 July 2005 (s 52B (10))
Application of ch 2 to elections if board suspended
s 52C	ins SL2004-52 s 11
Casual and temporary vacancies in elected positions
div 2.3.3 hdg	orig div 2.3.3 hdg renum as div 2.3.4 hdg
	(prev div 2.3.2 hdg) renum R1 LA (see SL2004-52 s 12)
Notice of long casual vacancy
s 54	am SL2004-52 s 14
Publication of notice about casual vacancy
s 55	am SL2004-52 s 14
Publication of candidates’ details
s 57	am SL2004-52 s 14; A2011-52 amdt 3.108
Determination of candidate to fill vacancy
s 58	am SL2004-52 s 14
Board nominees
s 59	am SL2004-52 s 14; SL2005-14 s 16
Disputed elections
div 2.3.4 hdg	orig div 2.3.4 hdg renum as div 2.3.5 hdg
	(prev div 2.3.3 hdg) renum R1 LA (see SL2004-52 s 12)
Registrar to serve copies of disputed election application
s 70	am SL2004-52 s 14
Illegal election practices
s 78	am SL2004-52 s 14
Registrar to serve copies of court declarations on certain people
s 86	am SL2004-52 s 14
Electoral offences
div 2.3.5 hdg	(prev div 2.3.4 hdg) renum R1 LA (see SL2004-52 s 12)
Presence at board meetings
s 101	am A2008-28 amdt 3.97
Application for registration—Act, s 37 (5) (a)
s 112	sub SL2007-1 s 6
Registration of health professionals
s 113	am A2008-36 amdt 1.336
Suitability to practise requirements
s 114	sub SL2007-1 s 7
General competence to practise
s 115	am SL2005-14 s 17; SL2007-1 s 8, s 9; pars, ss renum R12 LA; A2008-36 amdt 1.337; A2008-26 amdt 2.81
Short-term registration—Act, s 37 (5) (b)
s 115A	ins SL2007-1 s 10
Length of registration
s 120	sub SL2005-14 s 18
	am SL2010-43 s 5
When does registration end?
s 124	am A2008-36 amdt 1.338
Failure to meet insurance requirement
s 125	am A2008-36 amdt 1.339
Obligation to maintain competence and continue professional development
s 129	am SL2007-1 s 11
Standards for maintenance of competence
s 131	am A2011-52 amdt 3.106
Use of information about continuing competence etc
s 132	am SL2006-28 s 4
Standards statements
s 134	am SL2005-14 s 19; A2011-52 amdt 3.108
Pattern of practice or particular acts
s 135	sub A2008-36 amdt 1.340
Substances that affect health professional’s abilities
s 142	sub SL2005-14 s 20; A2008-26 amdt 2.82
Controlled medicines and prohibited substances for patients
s 143	sub A2008-26 amdt 2.82
Practising under allowed name
s 149A	ins SL2005-14 s 21
Behaviour that contravenes another law
s 150	am SL2007-43 s 4, s 5
Register
s 151	am A2008-36 amdt 1.341
Contents of register
s 152	am SL2005-14 s 22
Reviewable decisions
ch 5A hdg	ins A2008-36 amdt 1.342
Reviewable decisions—Act, s 47
s 157AA	ins A2008-36 amdt 1.342
Right of review and notice—Act, s 48 and s 49 (a)
s 157AB	ins A2008-36 amdt 1.342
Miscellaneous
ch 6 hdg	ins SL2005-14 s 23
Inspection of incorporated documents
s 157A	ins SL2005-14 s 23
Notification of certain incorporated documents
s 157B	ins SL2005-14 s 23
	am A2011-52 amdt 3.107
Approved forms—health profession boards
s 157C	ins SL2005-14 s 23
	am A2011-52 amdt 3.108
Modifications of Act, pt 15—Act, s 152
s 158	ins SL2004-52 s 13
	om A2005-28 amdt 1.64
Modification of Act, pt 15—Act, s 152
s 159	ins SL2006-2 s 4
	exp 9 July 2006 (s 159 (2))
Modification of Act, pt 15—Act, s 152
s 160	ins SL2006-3 s 4
	exp 18 November 2006 (s 160 (2))
Regulated professions
sch 1	sub SL2005-14 s 24; SL2007-1 s 12; A2010-10 amdt 2.46
sch 1 item 1	orig item 1
	sub SL2005-14 s 24; SL2007-1 s 12; A2010-10 amdt 2.46
	om SL2010-43 s 6
	pres item 1
	ins as item 2 SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	ins as item 2 SL2006-1 s 4
	sub SL2007-1 s 12; A2010-10 amdt 2.46
	renum as item 1 R25 LA
sch 1 item 2	ins as item 3 SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	ins SL2006-1 s 4
	sub SL2007-1 s 12; A2010-10 amdt 2.46
	renum as item 2 R25 LA
sch 1 item 3	renum as item 2
sch 1 item 4	ins SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 5	ins SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 6	ins SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 7	ins SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 8	ins SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 9	ins SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 10	ins SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 11	ins SL2005-14 s 24 (s 24 om before commenced by SL2007-1 s 41)
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 12	ins SL2006-28 s 5 (item 12 also ins SL2006-38 s 6; renum as item 14)
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 13	ins SL2006-28 s 5
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
sch 1 item 14	ins as item 12 SL2006-38 s 6
	renum as item 14 R7 LA
	sub SL2007-1 s 12
	om A2010-10 amdt 2.46
Medical practitioners
sch 2	ss renum R1 LA
	sub SL2005-14 s 24
	om A2010-10 amdt 2.47
note to sch 2	ins SL2007-1 s 13
	am A2008-26 amdt 2.83
	om A2010-10 amdt 2.47
Definitions—sch 2
s 2.1A	ins SL2007-1 s 14
	om A2010-10 amdt 2.47
	def board ins SL2007-1 s 14
	om A2010-10 amdt 2.47
	def medical practitioner ins SL2007-1 s 14
	om A2010-10 amdt 2.47
	def regulatory authority ins SL2007-1 s 14
	om A2010-10 amdt 2.47
General area of operation of medical profession—Act, s 22 (1) (a)
s 2.1	ins SL2005-14 s 24
	om A2010-10 amdt 2.47
Qualifications as suitability to practise requirements for medical practitioners—Act, s 23 (a)
s 2.2	ins SL2005-14 s 24
	am SL2007-1 s 15, s 23; SL2007-19 s 4
	om A2010-10 amdt 2.47
Mental and physical health as suitability to practise requirements—Act, s 23 (b)
s 2.3	ins SL2005-14 s 24
	om SL2007-1 s 16
Specialist areas and suitability to practise requirements—Act, s 23 (c)
s 2.4	ins SL2005-14 s 24
	am SL2006-28 s 6, s 7; items renum R10 LA; SL2007-1 ss 17‑19, s 23; items renum R12 LA; SL2008-53 s 4; items renum R18 LA; SL2010-13 s 4; items renum R23 LA
	om A2010-10 amdt 2.47
Maintenance and demonstration of professional development, continued competence and recency of practice for medical practitioners—Act, s 23 (d)
s 2.5	ins SL2005-14 s 24
	sub SL2007-1 s 20
	om A2010-10 amdt 2.47
Medical board membership—Act, s 24
s 2.6	sub SL2005-14 s 24
	am SL2007-1 s 23
	om A2010-10 amdt 2.47
Required insurance policy—Act, s 37 (1) (d)
s 2.7	ins SL2005-14 s 24
	am SL2007-1 s 21, s 23
	om A2010-10 amdt 2.47
Application requirements—Act, s 37 (5) (a)
s 2.8	ins SL2005-14 s 24
	sub SL2007-1 s 22
	om A2010-10 amdt 2.47
Conditional registration of student medical practitioners—Act, s 37 (5) (b)
s 2.9	ins SL2005-14 s 24
	sub SL2007-1 s 22
	om A2010-10 amdt 2.47
Short-term conditional registration—Act, s 37 (5) (b)
s 2.10	ins SL2005-14 s 24
	om SL2007-1 s 22
Conditional registration for non-practising medical practitioners—Act, s 37 (5) (b)
s 2.11	ins SL2005-14 s 24
	am SL2007-1 s 23
	om A2010-10 amdt 2.47
Conditional registration in limited circumstances—Act, s 37 (5) (b)
s 2.12	ins SL2005-14 s 24
	am SL2007-1 s 23; A2008-26 amdt 2.84
	om A2010-10 amdt 2.47
Conditional registration not limited
s 2.13	ins SL2005-14 s 24
	om A2010-10 amdt 2.47
Registration end date—s 121 (c)
s 2.14	ins SL2005-14 s 24
	om A2010-10 amdt 2.47
Nurses
sch 3	ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
note to sch 3	ins SL2007-1 s 24
	am A2008-26 amdt 2.85
	om A2010-10 amdt 2.47
Definitions for sch 3
s 3.1	ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
	def board ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
	def enrolled nurse ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	sub SL2007-1 s 25
	om A2010-10 amdt 2.47
	def nurse ins SL2007-19 s 5
	om A2010-10 amdt 2.47
	def nurse practitioner ins SL2006-1 s 5
	sub SL2007-1 s 26
	om A2010-10 amdt 2.47
	def nursing and midwifery regulatory authority ins SL2006‑1 s 5
	om A2010-10 amdt 2.47
	def re-entry course ins SL2006-1 s 5
	om A2010-10 amdt 2.47
	def register ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
	def registered nurse ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
General area of operation of nursing profession—Act, s 22 (1) (a)
s 3.2	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
What does enrolment allow?
s 3.3	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
Board responsible for assessing courses for nurses etc
s 3.4	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
Qualifications as suitability to practise requirements for registered and enrolled nurses—Act, s 23 (a)
s 3.5	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
Mental and physical health and communication skills as suitability to practise requirements—Act, s 23 (b)
s 3.6	ins SL2006-1 s 5
	om SL2007-1 s 27
Specialist areas and suitability to practise requirements—Act, s 23 (c)
s 3.7	ins SL2006-1 s 5
	am SL2007-1 s 28
	om A2010-10 amdt 2.47
Maintenance and demonstration of professional development, continued competence and recency of practice for nurses—Act, s 23 (d)
s 3.8	ins SL2006-1 s 5
	sub SL2007-1 s 29
	om A2010-10 amdt 2.47
Board membership—Act, s 24
s 3.9	ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	sub SL2007-19 s 6
	om A2010-10 amdt 2.47
Application requirements—Act, s 37 (5) (a)
s 3.10	ins SL2006-1 s 5
	om SL2007-1 s 30
Short-term registration—Act, s 37 (5) (b)
s 3.11	ins SL2006-1 s 5
	om SL2007-1 s 30
Conditional registration of overseas nurses—Act, s 37 (5) (b)
s 3.12	ins SL2006-1 s 5
	am SL2007-1 s 31
	om A2010-10 amdt 2.47
Conditional registration and enrolment for refresher course—Act, s 37 (5) (b)
s 3.13	ins SL2006-1 s 5
	am SL2007-1 s 31
	om A2010-10 amdt 2.47
Midwives
sch 4	ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
note to sch 4	ins SL2007-1 s 32
	am A2008-26 amdt 2.86
	om A2010-10 amdt 2.47
Definitions for sch 4
s 4.1	ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
	def board ins SL2006-1 s 5
	om A2010-10 amdt 2.47
	def midwife ins SL2007-1 s 33
	om A2010-10 amdt 2.47
	def nursing and midwifery regulatory authority ins SL2006‑1 s 5
	om A2010-10 amdt 2.47
	def re-entry course ins SL2006-1 s 5
	om A2010-10 amdt 2.47
	def refresher course ins SL2006-1 s 5
	om A2010-10 amdt 2.47
General area of operation of midwifery profession—Act, s 22 (1) (a)
s 4.2	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
Board responsible for assessing courses for midwives etc
s 4.3	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
Qualifications as suitability to practise requirements for midwives—Act, s 23 (a)
s 4.4	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
Maintenance and demonstration of professional development, continued competence and recency of practice for midwives—Act, s 23 (d)
s 4.5	ins SL2006-1 s 5
	sub SL2007-1 s 34
	om A2010-10 amdt 2.47
Maintenance and demonstration of continued competence, recency of practice and professional development—Act, s 23 (d)
s 4.6	ins SL2006-1 s 5
	om SL2007-1 s 34
Board membership—Act, s 24
s 4.7	ins SL2005-14 s 24 (om before commenced by SL2006-1 s 7)
	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
Application requirements—Act, s 37 (5) (a)
s 4.8	ins SL2006-1 s 5
	om SL2007-1 s 35
Short-term registration—Act, s 37 (5) (b)
s 4.9	ins SL2006-1 s 5
	om SL2007-1 s 35
Conditional registration of overseas midwives—Act, s 37 (5) (b)
s 4.10	ins SL2006-1 s 5
	am SL2007-1 s 36
	om A2010-10 amdt 2.47
Conditional registration for refresher course—Act, s 37 (5) (b)
s 4.11	ins SL2006-1 s 5
	am SL2007-1 s 36
	om A2010-10 amdt 2.47
Conditional registration not limited
s 4.12	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
Registration end date—s 120 (b) (i) and s 121 (c)
s 4.13	ins SL2006-1 s 5
	om A2010-10 amdt 2.47
Pharmacists
sch 5	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
note to sch 5	am A2008-26 amdt 2.87
	om A2010-10 amdt 2.47
Definitions—sch 5
s 5.1	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def board ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def close relative ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def community pharmacy ins SL2007-1 s 37
	sub SL2008-42 amdt 6.1
	om A2010-10 amdt 2.47
	def institution ins SL2007-1 s 37
	om SL2008-42 amdt 6.1
	def pharmacist ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def pharmacy ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def regulatory authority ins SL2007-1 s 37
	am SL2008-42 amdt 6.2
	om A2010-10 amdt 2.47
	def residential care ins SL2007-1 s 37
	om SL2008-42 amdt 6.3
	def residential care facility ins SL2007-1 s 37
	om SL2008-42 amdt 6.3
Restriction on pharmacy premises—supermarkets
s 5.2	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2008-26 amdt 2.88
Standard of premises
s 5.3	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
General area of operation of pharmacy profession—Act, s 22 (1) (a)
s 5.4	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Qualifications as suitability to practise for individual pharmacists—Act, s 23 (a)
s 5.5	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Qualifications as suitability to practise as corporate pharmacist—Act, s 23 (a)
s 5.6	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Maintenance and demonstration of professional development, continued competence and recency of practice for individual pharmacists—Act, s 23 (d)
s 5.7	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Board membership—Act, s 24
s 5.8	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Required insurance policy—Act, s 37 (1) (d)
s 5.9	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration of pharmacists with unapproved qualifications—Act, s 37 (5) (b)
s 5.10	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration for pharmacists who want to teach etc—Act, s 37 (5) (b)
s 5.11	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration for non-practising pharmacists—Act, s 37 (5) (b)
s 5.12	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration not limited
s 5.13	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Operation of pharmacy on death of pharmacist
s 5.14	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 5.15	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Dentists, dental hygienists and dental therapists
sch 6	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
note to sch 6	am A2008-26 amdt 2.89
	om A2010-10 amdt 2.47
Definitions—sch 6
s 6.1	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def board ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def dental care provider ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def dental hygienist ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def dental procedure ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def dental therapist ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def dentist ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def dentist procedure ins SL2007-1 s 37
	am A2008-26 amdt 2.90
	om A2010-10 amdt 2.47
	def general dental procedure ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def regulatory authority ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def under the supervision of a dentist ins SL2007-1 s 37
	om A2010-10 amdt 2.47
General area of operation of dentist profession—Act, s 22 (1) (a)
s 6.2	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
General area of operation of dental hygienist profession—Act, s 22 (1) (a)
s 6.3	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
General area of operation of dental therapist profession—Act, s 22 (1) (a)
s 6.4	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Qualifications as suitability to practise requirements for dental care providers—Act, s 23 (a)
s 6.5	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Qualifications as suitability to practise requirements for dental therapists—Act, s 23 (a)—transitional
s 6.6	ins SL2007-1 s 37
	am SL2007-43 s 6
	exp 9 January 2009 (s 6.6 (4) (LA s 88 declaration applies))
Specialist areas and suitability to practise requirements—Act, s 23 (c)
s 6.7	ins SL2007-1 s 37
	am SL2008-53 s 5
	om A2010-10 amdt 2.47
Maintenance and demonstration of professional development, continued competence and recency of practice for dental care providers—Act, s 23 (d)
s 6.8	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Board membership—Act, s 24
s 6.9	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Required insurance policy—Act, s 37 (1) (d)
s 6.10	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration of students—Act, s 37 (5) (b)
s 6.11	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration of dentist with unapproved qualifications—Act, s 37 (5) (b)
s 6.12	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration for dentists who want to teach etc—Act, s 37 (5) (b)
s 6.13	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration for non-practising dentists—Act, s 37 (5) (b)
s 6.14	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration not limited
s 6.15	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 6.16	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Psychologists 
sch 7	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
note to sch 7	am A2008-26 amdt 2.91
	om A2010-10 amdt 2.47
Definitions—sch 7
s 7.1	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def board ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def psychologist ins SL2007-1 s 37
	om A2010-10 amdt 2.47
	def regulatory authority ins SL2007-1 s 37
	om A2010-10 amdt 2.47
General area of operation of psychology profession—Act, s 22 (1) (a)
s 7.2	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Qualifications as suitability to practise requirements for psychologists—Act, s 23 (a)
s 7.3	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Maintenance and demonstration of professional development, continued competence and recency of practice for psychologists—Act, s 23 (d)
s 7.4	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Board membership—Act, s 24
s 7.5	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Required insurance policy—Act, s 37 (1) (d)
s 7.6	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration of student psychologists—Act, s 37 (5) (b)
s 7.7	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration for non-practising psychologists—Act, s 37 (5) (b)
s 7.8	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Conditional registration not limited
s 7.9	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 7.10	ins SL2007-1 s 37
	om A2010-10 amdt 2.47
Dental technicians
sch 8	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43
note to sch 8	am A2008-26 amdt 2.92
	sub A2010-10 amdt 2.48
	om SL2010-43
Definitions—sch 8
s 8.1	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
	def board ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
	def dental prosthetic appliance ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
	def dental prosthetic service ins SL2007-1 s 37
	om A2010-10 amdt 2.48
	def dental prosthetist ins SL2007-1 s 37
	om A2010-10 amdt 2.48
	def dental technical work ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
	def dental technician ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
	def dentist ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
	def regulatory authority ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
General area of operation of dental technician profession—Act, s 22 (1) (a)
s 8.2	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Qualifications as suitability to practise as individual dental technician—Act, s 23 (a)
s 8.3	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Qualifications as suitability to practise as corporate dental technician—Act, s 23 (a)
s 8.4	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Maintenance and demonstration of professional development, continued competence and recency of practice for dental technicians—Act, s 23 (d)
s 8.5	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Board membership—Act, s 24
s 8.6	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Dental technicians—required insurance policy—Act, s 37 (1) (d)
s 8.7	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Conditional registration of dental technicians with unapproved qualifications—Act, s 37 (5) (b)
s 8.8	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Conditional registration for dental technicians who want to teach etc—Act, s 37 (5) (b)
s 8.9	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Conditional registration for non-practising dental technicians—Act,
s 37 (5) (b)
s 8.10	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Conditional registration not limited
s 8.11	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Registration end date—s 120 (b) (i) and s 121 (c)
s 8.12	ins SL2007-1 s 37
	sub A2010-10 amdt 2.48
	om SL2010-43 s 7
Conditional registration for non-practising dental prosthetists and dental technicians—Act, s 37 (5) (b)
s 8.13	ins SL2007-1 s 37
	om A2010-10 amdt 2.48
Conditional registration not limited
s 8.14	ins SL2007-1 s 37
	om A2010-10 amdt 2.48
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 8.15	ins SL2007-1 s 37
	om A2010-10 amdt 2.48
Podiatrists
sch 9	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
note to sch 9	am A2008-26 amdt 2.93
	om A2010-10 amdt 2.49
Definitions—sch 9
s 9.1	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def board ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def podiatric surgeon ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def podiatrist ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def regulatory authority ins SL2007-1 s 37
	om A2010-10 amdt 2.49
General area of operation of podiatry profession—Act, s 22 (1) (a)
s 9.2	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Qualifications as suitability to practise requirements for podiatrists—Act, s 23 (a)
s 9.3	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Maintenance and demonstration of professional development, continued competence and recency of practice for podiatrists and podiatric specialists—Act, s 23 (d)
s 9.4	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Board membership—Act, s 24
s 9.5	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Required insurance policy—Act, s 37 (1) (d)
s 9.6	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Conditional registration for non-practising podiatrists—Act, s 37 (5) (b)
s 9.7	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Conditional registration not limited
s 9.8	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 9.9	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Physiotherapists
sch 10	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
note to sch 10	am A2008-26 amdt 2.94
	om A2010-10 amdt 2.49
Definitions—sch 10
s 10.1	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def board ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def physiotherapist ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def regulatory authority ins SL2007-1 s 37
	om A2010-10 amdt 2.49
General area of operation of physiotherapy profession—Act, s 22 (1) (a)
s 10.2	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Qualifications as suitability to practise requirements for physiotherapists—Act, s 23 (a)
s 10.3	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Maintenance and demonstration of professional development, continued competence and recency of practice for physiotherapists—Act, s 23 (d)
s 10.4	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Board membership—Act, s 24
s 10.5	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Required insurance policy—Act, s 37 (1) (d)
s 10.6	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Conditional registration for physiotherapists on work programs—length of registration limited—Act, s 37 (5) (b)
s 10.7	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Conditional registration for non-practising physiotherapists—Act, s 37 (5) (b)
s 10.8	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Conditional registration not limited
s 10.9	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 10.10	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Optometrists 
sch 11	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
note to sch 11	am A2008-26 amdt 2.95
	om A2010-10 amdt 2.49
Optometrists—preliminary
pt 11.1 hdg	ins A2008-26 amdt 2.96
	om A2010-10 amdt 2.49
Definitions—sch 11
s 11.1	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def board ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def competency standards ins A2008-26 amdt 2.97
	om A2010-10 amdt 2.49
	def optometrist ins SL2007-1 s 37
	om A2010-10 amdt 2.49
	def optometrist restricted medicines authority ins A2008‑26 amdt 2.97
	om A2010-10 amdt 2.49
	def regulatory authority ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Optometrists—regulation generally
pt 11.2 hdg	ins A2008-26 amdt 2.98
	om A2010-10 amdt 2.49
General area of operation of optometry profession—Act, s 22 (1) (a)
s 11.2	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Qualifications as suitability to practise requirements for optometrists—Act, s 23 (a)
s 11.3	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Maintenance and demonstration of professional development, continued competence and recency of practice for individual optometrists—Act, s 23 (d)
s 11.4	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Board membership—Act, s 24
s 11.5	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Required insurance policy—Act, s 37 (1) (d)
s 11.6	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Conditional registration for non-practising optometrists—Act, s 37 (5) (b)
s 11.7	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Conditional registration not limited
s 11.8	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 11.9	ins SL2007-1 s 37
	om A2010-10 amdt 2.49
Optometrists—restricted medicines authorities
pt 11.3 hdg	ins A2008-26 amdt 2.99
	om A2010-10 amdt 2.49
Competency standards for optometrist restricted medicines authorities
s 11.10	ins A2008-26 amdt 2.99
	am SL2008-42 amdt 6.4
	om A2010-10 amdt 2.49
Maximum term of optometrist restricted medicines authorities
s 11.11	ins A2008-26 amdt 2.99
	om A2010-10 amdt 2.49
Issue of optometrist restricted medicines authorities
s 11.12	ins A2008-26 amdt 2.99
	am SL2008-42 amdt 6.4
	om A2010-10 amdt 2.49
Conditions of optometrist restricted medicines authorities
s 11.13	ins A2008-26 amdt 2.99
	om A2010-10 amdt 2.49
Amending conditions of optometrist restricted medicines authorities on board’s initiative
s 11.14	ins A2008-26 amdt 2.99
	om A2010-10 amdt 2.49
Amending conditions of optometrist restricted medicines authorities on application by authority-holder
s 11.15	ins A2008-26 amdt 2.99
	om A2010-10 amdt 2.49
Veterinary Surgeons 
sch 12	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
note to sch 12	am A2008-26 amdt 2.100
Definitions—sch 12
s 12.1	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
	def AVBC ins SL2007-1 s 37
	def board ins SL2007-1 s 37
	def regulatory authority ins SL2007-1 s 37
	def veterinary surgeon ins SL2007-1 s 37
General area of operation of veterinary surgery profession—Act, s 22 (1) (a)
s 12.2	ins SL2005-14 s 24 (om before commenced by SL2007-1 s 41)
	ins SL2007-1 s 37
Qualifications as suitability to practise requirements for veterinary surgeon—Act, s 23 (a)
s 12.3	ins SL2007-1 s 37
Specialist areas and suitability to practise requirements—Act, s 23 (c)
s 12.4	ins SL2007-1 s 37
Maintenance and demonstration of professional development, continued competence and recency of practice for veterinary surgeons—Act, s 23 (d)
s 12.5	ins SL2007-1 s 37
Board membership—Act, s 24
s 12.6	ins SL2007-1 s 37
Required insurance policy—Act, s 37 (1) (d)
s 12.7	ins SL2007-1 s 37
Conditional registration not limited
s 12.8	ins SL2007-1 s 37
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 12.9	ins SL2007-1 s 37
Chiropractors
sch 13	ins SL2006-28 s 8 (sch 13 also ins SL2006-38 s 7; renum as sch 15)
	sub SL2007-1 s 38
	om A2010-10 amdt 2.50
note to sch 13	am A2008-26 amdt 2.101
	om A2010-10 amdt 2.50
Definitions—sch 13
s 13.1	ins SL2006-38 s 8
	sub SL2007-1 s 38
	om A2010-10 amdt 2.50
	def board ins SL2007-1 s 38
	om A2010-10 amdt 2.50
	def chiropractor ins SL2007-1 s 38
	om A2010-10 amdt 2.50
	def osteopath ins SL2007-1 s 38
	om A2010-10 amdt 2.50
	def regulatory authority ins SL2007-1 s 38
	om A2010-10 amdt 2.50
General area of operation of chiropractic profession—Act, s 22 (1) (a)
s 13.2	ins SL2006-38 s 8
	sub SL2007-1 s 38
	om A2010-10 amdt 2.50
Qualifications as suitability to practise requirements for chiropractors—Act, s 23 (a)
s 13.3	ins SL2007-1 s 38
	om A2010-10 amdt 2.50
Maintenance and demonstration of professional development, continued competence and recency of practice for chiropractors—Act, s 23 (d)
s 13.4	ins SL2007-1 s 38
	om A2010-10 amdt 2.50
Board membership—Act, s 24
s 13.5	ins SL2007-1 s 38
	om A2010-10 amdt 2.50
Required insurance policy—Act, s 37 (1) (d)
s 13.6	ins SL2007-1 s 38
	om A2010-10 amdt 2.50
Conditional registration for non-practising chiropractors—Act, s 37 (5) (b)
s 13.7	ins SL2007-1 s 38
	om A2010-10 amdt 2.50
Conditional registration not limited
s 13.8	ins SL2007-1 s 38
	om A2010-10 amdt 2.50
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 13.9	ins SL2007-1 s 38
	om A2010-10 amdt 2.50
Osteopaths
sch 14	ins SL2006-28 s 8
	sub SL2007-1 s 39
	om A2010-10 amdt 2.50
note to sch 14	am A2008-26 amdt 2.102
	om A2010-10 amdt 2.50
Definitions—sch 14
s 14.1	ins SL2006-38 s 8
	sub SL2007-1 s 39
	om A2010-10 amdt 2.50
	def board ins SL2007-1 s 39
	om A2010-10 amdt 2.50
	def chiropractor ins SL2007-1 s 39
	om A2010-10 amdt 2.50
	def osteopath ins SL2007-1 s 39
	om A2010-10 amdt 2.50
	def regulatory authority ins SL2007-1 s 39
	om A2010-10 amdt 2.50
General area of operation of osteopathy profession—Act, s 22 (1) (a)
s 14.2	ins SL2006-38 s 8
	sub SL2007-1 s 39
	om A2010-10 amdt 2.50
Qualifications as suitability to practise requirements for osteopaths—Act, s 23 (a)
s 14.3	ins SL2007-1 s 39
	om A2010-10 amdt 2.50
Maintenance and demonstration of professional development, continued competence and recency of practice for osteopaths—Act, s 23 (d)
s 14.4	ins SL2007-1 s 39
	om A2010-10 amdt 2.50
Board membership—Act, s 24
s 14.5	ins SL2007-1 s 39
	om A2010-10 amdt 2.50
Required insurance policy—Act, s 37 (1) (d)
s 14.6	ins SL2007-1 s 39
	om A2010-10 amdt 2.50
Conditional registration for non-practising osteopaths—Act, s 37 (5) (b)
s 14.7	ins SL2007-1 s 39
	om A2010-10 amdt 2.50
Conditional registration not limited
s 14.8	ins SL2007-1 s 39
	om A2010-10 amdt 2.50
Registration end date—regulation, s 120 (b) (i) and s 121 (c)
s 14.9	ins SL2007-1 s 39
	om A2010-10 amdt 2.50
Medical radiation scientists
sch 15	ins SL2004-52 s 15
	mods renum R1 LA
	om A2005-28 amdt 1.65
	ins as sch 13 SL2006-38 s 7
	renum as sch 15 R7 LA
	sub SL2007-43 s 7
note to sch 15	am SL2008-42 amdt 6.5
Definitions—sch 15
s 15.1	sub SL2007-43 s 7
	def board sub SL2007-43 s 7
	def diagnostic radiographer ins SL2007-43 s 7
	def medical radiation scientist sub SL2007-43 s 7
	def nuclear medicine scientist ins SL2007-43 s 7
	def radiation therapist ins SL2007-43 s 7
	def regulatory authority ins SL2007-43 s 7
General area of operation of diagnostic radiographer profession—Act, s 22 (1) (a)
s 15.2	sub SL2007-43 s 7
General area of operation of radiation therapist profession—Act, s 22 (1) (a)
s 15.3	ins SL2007-28 s 4
	sub SL2007-43 s 7
General area of operation of nuclear medicine scientist profession—Act, s 22 (1) (a)
s 15.4	ins SL2007-43 s 7
Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)
s 15.5	ins SL2007-43 s 7
Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)
s 15.6	ins SL2007-43 s 7
Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)
s 15.7	ins SL2007-43 s 7
Maintenance and demonstration of professional development, continued competence and recency of practice for medical radiation scientists—Act, s 23 (d)
s 15.8	ins SL2007-43 s 7
Board membership—Act, s 24
s 15.9	ins SL2007-43 s 7
Required insurance policy—Act, s 37 (1) (d)
s 15.10	ins SL2007-43 s 7
Conditional registration of student and graduate diagnostic radiographers—Act, s 37 (5) (b)
s 15.11	ins SL2007-43 s 7
Conditional registration of student and graduate radiation therapists—Act, s 37 (5) (b)
s 15.12	ins SL2007-43 s 7
Conditional registration of student and graduate nuclear medicine scientists—Act, s 37 (5) (b)
s 15.13	ins SL2007-43 s 7
Conditional registration of diagnostic radiographer with unapproved qualifications—Act, s 37 (5) (b)
s 15.14	ins SL2007-43 s 7
Conditional registration of radiation therapist with unapproved qualifications—Act, s 37 (5) (b)
s 15.15	ins SL2007-43 s 7
Conditional registration of nuclear medicine scientist with unapproved qualifications—Act, s 37 (5) (b)
s 15.16	ins SL2007-43 s 7
Conditional registration for medical radiation scientists who want to teach etc—Act, s 37 (5) (b)
s 15.17	ins SL2007-43 s 7
Conditional registration not limited
s 15.18	ins SL2007-43 s 7
Registration end date—regulation, s 120 (b) (i)
s 15.19	ins SL2007-43 s 7
Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)—transitional
s 15.20	ins SL2007-43 s 7
	exp 30 November 2010 (s 15.25 (1) (LA s 88 declaration applies))
Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)—transitional
s 15.21	ins SL2007-43 s 7
	exp 30 November 2010 (s 15.25 (1) (LA s 88 declaration applies))
Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)—transitional
s 15.22	ins SL2007-43 s 7
	exp 30 November 2010 (s 15.25 (1) (LA s 88 declaration applies))
Renewal of registration mentioned in s 15.20-15.22
s 15.23	ins SL2007-43 s 7
	exp 30 November 2010 (s 15.25 (1) (LA s 88 declaration applies))
Board membership—Act, s 24—transitional
s 15.24	ins SL2007-43 s 7
	exp 30 November 2012 (s 15.25 (2) (LA s 88 declaration applies))
Expiry—s 15.20 to 15.25
s 15.25	ins SL2007-43 s 7
	exp 30 November 2012 (s 15.25 (2) (LA s 88 declaration applies))
Modification of Act
sch 16	ins SL2006-2 s 5
	mod renum R5 LA
	exp 9 July 2006 (s 159 (2))
Modification of Act
sch 17	ins SL2006-3 s 5
	am A2006-23 amdt 1.205
	exp 18 November 2006 (s 160 (2))
Reviewable decisions
sch 20	ins A2008-36 amdt 1.343
Dictionary
dict	am SL2006-28 s 9; SL2007-1 s 40
	def Australian Medical Council ins SL2005-14 s 25
	om A2010-10 amdt 2.51
	def AVBC ins A2009-20 amdt 3.93
	def board ins SL2005-14 s 25
	def chiropractor ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def close relative ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def community pharmacy ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def competency standards ins A2008-26 amdt 2.103
	om A2010-10 amdt 2.51
	def controlled medicine ins A2008-26 amdt 2.103
	def dental care provider ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def dental hygienist ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def dental procedure ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def dental therapist ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def dentist ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def dentist procedure ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def diagnostic radiographer ins SL2007-43 s 8
	def drug of dependence om A2008-28 amdt 2.104
	def enrolled nurse ins SL2005-14 s 25
	om A2010-10 amdt 2.51
	def general dental procedure ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def incorporated document ins SL2005-14 s 25
	def medical board om A2010-10 amdt 2.51
	def medical practitioner ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def medical radiation scientist ins SL2007-43 s 8
	def midwife ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def nuclear medicine scientist ins SL2007-43 s 8
	def nurse ins SL2007-19 s 7
	om A2010-10 amdt 2.51
	def nurse practitioner ins SL2006-1 s 6
	om A2010-10 amdt 2.51
	def nursing and midwifery regulatory authority ins SL2006‑1 s 6
	om A2010-10 amdt 2.51
	def optometrist ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def optometrist restricted medicines authority ins A2008‑26 amdt 2.105
	om A2010-10 amdt 2.51
	def osteopath ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def pharmacist ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def pharmacy ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def physiotherapist ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def podiatric surgeon ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def podiatrist ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def prescribed election voter ins A2009-20 amdt 3.93
	def prescribed member ins A2009-20 amdt 3.93
	def prohibited substance ins A2008‑26 amdt 2.105
	def psychologist ins A2009-20 amdt 3.93
	om A2010-10 amdt 2.51
	def radiation therapist ins SL2007-43 s 8
	def re-entry course ins SL2006-1 s 6
	om A2010-10 amdt 2.51
	def refresher course ins SL2006-1 s 6
	om A2010-10 amdt 2.51
	def register ins SL2005-14 s 25
	om A2010-10 amdt 2.51
	def registered nurse ins SL2005-14 s 25
	om A2010-10 amdt 2.51
	def regulatory authority ins SL2007-43 s 8
	sub A2009-20 amdt 3.94
	def relevant health profession ins SL2005-14 s 25
	def relevant health profession schedule ins SL2005-14 s 25
	def under the supervision of a dentist ins A2009-20 amdt 3.95
	om A2010-10 amdt 2.51
	def veterinary surgeon ins A2009-20 amdt 3.95

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
18 Nov 2004	18 Nov 2004–
21 Nov 2004	SL2004-52	new regulation, amendments by SL2004-52 and includes editorial amendments under Legislation Act	
R2
22 Nov 2004	22 Nov 2004–
6 July 2005	SL2004-52	commenced provisions	
R3
7 July 2005	7 July 2005–
8 July 2005	A2005-28	commenced provisions and amendments by SL2005-14 and A2005-28	
R4
9 July 2005	9 July 2005–
16 January 2006	A2005-28	commenced expiry	
R5
17 Jan 2006	17 Jan 2006–
1 June 2006	SL2006-3	amendments by SL2006-1, 
SL2006-2 and SL2006-3	
R6
2 June 2006	2 June 2006–
7 July 2006	A2006-23	amendments by A2006-23	
R7
8 July 2006	8 July 2006–
9 July 2006	SL2006-38	amendments by A2006-38	
R8
10 July 2006	10 July 2006–
18 Nov 2006	SL2006-38	commenced expiry	
R9
19 Nov 2006	19 Nov 2006–
7 Dec 2006	SL2006-38	commenced expiry	
R10
8 Dec 2006	8 Dec 2006–
6 Jan 2007	SL2006-38	amendments by SL2006-28	
R11
7 Jan 2007	7 Jan 2007–
8 Jan 2007	SL2007-1	amendments by SL2005-14 as amended by SL2006-1, SL2006‑38 and SL2007-1	
R12
9 Jan 2007	9 Jan 2007–
9 Jan 2007	SL2007-1	amendments by SL2007-1	
R13
10 Jan 2007	10 Jan 2007–
23 July 2007	SL2007-1	commenced expiry	
R14
24 July 2007	24 July 2007–
27 Sept 2007	SL2007-19	amendments by SL2007-19	
R15
28 Sept 2007	28 Sept 2007–
20 Dec 2007	SL2007-28	amendments by SL2007-28	
R16
21 Dec 2007	21 Dec 2007–
25 Aug 2008	SL2007-43	amendments by SL2007-43	
R17
26 Aug 2008	26 Aug 2008–
22 Dec 2008	A2008-28	amendments by A2008-28	
R18
23 Dec 2008	23 Dec 2008–
9 Jan 2009	SL2008-53	amendments by SL2008-53	
R19
10 Jan 2009	10 Jan 2009–
1 Feb 2009	SL2008-53	commenced expiry	
R20
2 Feb 2009	2 Feb 2009–
13 Feb 2009	SL2008-53	amendments by A2008-36	
R21*
14 Feb 2009	14 Feb 2009–
21 Sept 2009	SL2008-53	amendments by A2008-26 and SL2008-42	
R22
22 Sept 2009	22 Sept 2009–
19 Apr 2010	A2009-20	amendments by A2009-20	
R23
20 Apr 2010	20 Apr 2010–
30 June 2010	SL2010-13	amendments by SL2010-13	
R24*
1 July 2010	1 July 2010–
1 Nov 2010	SL2010-13	amendments by A2010-10	
R25
2 Nov 2010	2 Nov 2010–
30 Nov 2010	SL2010-43	amendments by SL2010-43	
R26
3 Dec 2010	1 Dec 2010–
11 Dec 2011	SL2010-43	commenced expiry	

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