Australian Capital Territory
Health Regulation 2004    
SL2004-14
made under the
Health Act 1993
Republication No 1
Effective:  13 November 2004 – 13 December 2006
Republication date: 13 November 2004
Regulation not amended
(republication includes editorial amendments 
under Legislation Act)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Health Regulation 2004, made under the Health Act 1993 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 13 November 2004.  It also includes any commencement, repeal or expiry affecting the republished law.  
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 amendments
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 includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Health Regulation 2004
made under the
Health Act 1993
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	2
	3	Notes	2
Part 2	Nurse practitioners
	4	Definitions for pt 2	3
	5	Criteria for approval of nurse practitioner positions	3
	6	Application for approval of nurse practitioner positions	3
	7	Request for further information	3
	8	Approval of nurse practitioner positions	4
	9	Notice of decisions	4
	10	Review by administrative appeals tribunal of certain decisions	4
	11	Scope of practice for nurse practitioner position	4
	12	Guidelines for approving scope of practice	5
Endnotes
	1	About the endnotes	6
	2	Abbreviation key	6
	3	Legislation history	7
	4	Amendment history	7

Australian Capital Territory
Health Regulation 2004     

made under the
Health Act 1993

    

  

 

Part 1	Preliminary
1	Name of regulation
This regulation is the Health Regulation 2004.
3	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the 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 section 8.
	(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 section.
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 section 5 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 subsection (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 section 8 (Approval of nurse practitioner positions).
	(2)	Without limiting subsection (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 subsection (1), the chief executive must comply with the guidelines (if any) approved by the Minister under section 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 section 11.
	(2)	Guidelines are a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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

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

3	Legislation history
This regulation was originally the Health Regulations 2004.  It was renamed under the Legislation Act 2001.
Health Regulation 2004 SL2004-14
notified LR 13 May 2004
s 1, s 2 commenced 13 May 2004 (LA s 75 (1))
remainder commenced 13 November 2004 (s 2 and LA s 79)
4	Amendment history
Name of regulation
s 1	am R1 LA
Commencement
s 2	om LA s 89 (4)

©  Australian Capital Territory 2006