Australian Capital Territory
Health Regulation 2004    
SL2004-14
made under the
Health Act 1993
Republication No 4
Effective:  1 July 2011 – 3 December 2015
Republication date: 1 July 2011
Last amendment made by A2011‑22

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 1 July 2011.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 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 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—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	Reviewable decision notices	4
	10	Applications for review	4
	11	Scope of practice for nurse practitioner position	5
	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
	5	Earlier republications	8

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—pt 2
In this part:
nurse practitioner position—see the Health Act 1993, section 195 (2).
scope of practice—see the Health Act 1993, section 195 (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 director‑general for approval of a nurse practitioner position.
Note 1	A fee may be determined under the Act, s 192 for this provision.
Note 2	If a form is approved under the Act, s 194 for an application, the form must be used.
7	Request for further information
	(1)	The director‑general may, by written notice given to an applicant for approval of a nurse practitioner position, require the applicant to give the director‑general additional stated information or documents that the director‑general reasonably needs to decide the application.
	(2)	The director‑general need not consider the application further unless the applicant complies with the requirement.
8	Approval of nurse practitioner positions
	(1)	The director‑general 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	Reviewable decision notices
If the director‑general makes a decision under section 8 (Approval of nurse practitioner positions), the director‑general must give a reviewable decision notice to the applicant.
Note 1	The director‑general must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
10	Applications for review
	(1)	The following may apply to the ACAT for review of a decision of the director‑general under section 8:
	(a)	the applicant;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
	(2)	Without limiting subsection (1), the occupant of a nurse practitioner position may apply to the ACAT for review of a decision of the director‑general 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 director‑general approves a position as a nurse practitioner position, the director‑general 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 director‑general 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

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 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)
as amended by
Health Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.2
notified LR 14 June 2006
s 1, s 2 commenced 14 June 2006 (LA s 75 (1))
sch 2 pt 2.2 commenced 14 December 2006 (s 2 and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.54
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.54 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.78
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.78 commenced 1 July 2011 (s 2 (1))
4	Amendment history
Name of regulation
s 1	am R1 LA
Commencement
s 2	om LA s 89 (4)
Definitions—pt 2
s 4	sub A2006‑27 amdt 2.2
	def nurse practitioner position sub A2006‑27 amdt 2.2
	def scope of practice sub A2006‑27 amdt 2.2
Application for approval of nurse practitioner positions
s 6	am A2006‑27 amdt 2.3; A2011‑22 amdt 1.243
Request for further information
s 7	am A2011‑22 amdt 1.243
Approval of nurse practitioner positions
s 8	am A2011‑22 amdt 1.243
Reviewable decision notices
s 9	sub A2008‑37 amdt 1.236
	am A2011‑22 amdt 1.243
Applications for review
s 10	sub A2008‑37 amdt 1.236
	am A2011‑22 amdt 1.243
Scope of practice for nurse practitioner position
s 11	am A2011‑22 amdt 1.243
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
13 Nov 2004	13 Nov 2004–
13 Dec 2006	not amended	new regulation	
R2
14 Dec 2006	14 Dec 2006–
1 Feb 2009	A2006‑27	amendments by A2006‑27	
R3
2 Feb 2009	2 Feb 2009–
30 June 2011	A2008‑37	amendments by A2008‑37	

©  Australian Capital Territory 2011