Australian Capital Territory

Health Regulations 2004
Subordinate Law SL2004-14

The Australian Capital Territory Executive makes the following regulations under the Health Act 1993.
Dated 5 May 2004.
Bill Wood
Minister
Simon Corbell
Minister

Australian Capital Territory

Health Regulations 2004
Subordinate Law SL2004-14
made under the
Health Act 1993

    

    
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	1
	2	Commencement	1
	3	Notes	1
Part 2	Nurse practitioners
	4	Definitions for pt 2	2
	5	Criteria for approval of nurse practitioner positions	2
	6	Application for approval of nurse practitioner positions	2
	7	Request for further information	2
	8	Approval of nurse practitioner positions	3
	9	Notice of decisions	3
	10	Review by administrative appeals tribunal of certain decisions	3
	11	Scope of practice for nurse practitioner position	4
	12	Guidelines for approving scope of practice	4

Part 1	Preliminary
1	Name of regulations
These regulations are the Health Regulations 2004.
2	Commencement
These regulations commence on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Nurse practitioners
4	Definitions for pt 2
In this part:
nurse practitioner position—see the Health Act 1993, section 37B (2) (Regulations about nurse practitioners).
scope of practice—see the Health Act 1993, section 37B (2).
5	Criteria for approval of nurse practitioner positions
	(1)	The Minister must, in writing, determine criteria for the approval of nurse practitioner positions under regulation 8 (Approval of nurse practitioner positions).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
6	Application for approval of nurse practitioner positions
A person may apply to the chief executive for approval of a nurse practitioner position.
Note 1	A fee may be determined under the Act, s 36 for this regulation.
Note 2	If a form is approved under the Act, s 37A for an application, the form must be used.
7	Request for further information
	(1)	The chief executive may, by written notice given to an applicant for approval of a nurse practitioner position, require the applicant to give the chief executive additional stated information or documents that the chief executive reasonably needs to decide the application.
	(2)	The chief executive need not consider the application further unless the applicant complies with the requirement.
8	Approval of nurse practitioner positions
	(1)	The chief executive may, in writing, approve a position as a nurse practitioner position if the criteria for approval of the position under regulation 5 (Criteria for approval of nurse practitioner positions) are satisfied.
Note	Power to make a statutory instrument includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
	(2)	An approval under subregulation (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
9	Notice of decisions
	(1)	The chief executive must give written notice of the decision on an application for approval of a nurse practitioner position to the applicant.
	(2)	A notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
10	Review by administrative appeals tribunal of certain decisions
	(1)	Application may be made to the administrative appeals tribunal for review of a decision of the chief executive under regulation 8 (Approval of nurse practitioner position).
	(2)	Without limiting subregulation (1), the occupant of a nurse practitioner position may apply to the administrative appeals tribunal for review of a decision of the chief executive to amend or repeal the approval for the position, if the amendment or repeal was otherwise than on application.
11	Scope of practice for nurse practitioner position
	(1)	If the chief executive approves a position as a nurse practitioner position, the chief executive must, in writing, approve a scope of practice for the position.
	(2)	An approved scope of practice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	In approving a scope of practice under subregulation (1), the chief executive must comply with the guidelines (if any) approved by the Minister under regulation 12.
	(4)	To remove any doubt, anything required or authorised by a scope of practice for a nurse practitioner position is taken to be within the scope of practice for the position.
12	Guidelines for approving scope of practice
	(1)	The Minister may, in writing, approve guidelines for approving a scope of practice under regulation 11.
	(2)	Guidelines are a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Endnote
1	Notification
	Notified under the Legislation Act on 13 May 2004.
	(see www.legislation.act.gov.au)
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004