Australian Capital Territory Numbered Regulations

HEALTH PROFESSIONALS REGULATIONS 2004 (NO 41 OF 2004)

- made under the Health Professionals Act 2004

TABLE OF PROVISIONS

CHAPTER 1--PRELIMINARY

   1.      Name of regulations  
   2.       Commencement  
   3.      Dictionary  

CHAPTER 2--HEALTH PROFESSION BOARDS

   PART 2.1--ESTABLISHMENT OF HEALTH PROFESSION BOARDS

   4.      Establishment of health profession boards  

   PART 2.2--HEALTH PROFESSION BOARD MEMBERS

   5.      Board president  
   6.      Board deputy president  
   7.      Eligibility to remain in office—board president  
   8.      Eligibility to remain in office—board deputy president  
   9.      Board members—election or appointment  
   10.     Appointment of board members  
   11.     Consultation about appointment to board  
   12.     Community representatives  
   13.     Eligibility to remain in office—board members  
   14.     Proposal to remove board member  
   15.     Decision on application to remove board member  
   16.     Leave of board members  
   17.     Payment of board members  
   18.     Payment of assistants  
   19.     Extraordinary expenses etc of health profession boards  
   20.     Employment of staff  
   21.     Functions of executive officer  
   22.     Delegation by board  

   PART 2.3--ELECTIONS

           Division 2.3.1--General

   23.     Definitions for pt 2.3  
   24.     Dates for elections  
   25.     If no board president  
   26.     List of health professionals  
   27.     Registered health professionals to be notified of dates  
   28.     Eligibility for nominations etc  
   29.     Nominations  
   30.     Hour of nomination  
   31.     Withdrawal of nomination  
   32.     Application of Electoral Act, s 110  
   33.     Declaration of candidates  
   34.     If no more candidates than positions  
   35.     If no candidates  
   36.     If more candidates than positions  
   37.     Eligibility to vote  
   38.     Number of votes  
   39.     Positions on ballot paper  
   40.     Distribution of ballot papers  
   41.     Manner of voting  
   42.     Replacement of ballot papers  
   43.     After voting  
   44.     Scrutiny  
   45.     Appointment of scrutineers  
   46.     Conduct of scrutineers  
   47.     Candidates not to participate in conduct of election  
   48.     Declaration etc of results  
   49.     Term of elected board members  
   50.     Destruction of election material  
   51.     Scrutiny centres  
   52.     Approved forms for elections  

           Division 2.3.2--Casual and temporary vacancies in elected positions

   53.     Definitions for div 2.3.2  
   54.     Notice of long casual vacancy  
   55.     Publication of notice about casual vacancy  
   56.     Candidates for casual vacancy  
   57.     Publication of candidates' details  
   58.     Determination of candidate to fill vacancy  
   59.     Board nominees  
   60.     Term of board member declared elected under div 2.3.2  
   61.     Temporary vacancies  

           Division 2.3.3--Disputed elections

   62.     Definitions for div 2.3.3  
   63.     Court of Disputed Health Elections  
   64.     Powers of the court  
   65.     Court's decisions are final  
   66.     Validity may be disputed after election  
   67.     People entitled to dispute elections  
   68.     Form of disputed election application  
   69.     Time for filing disputed election application  
   70.     Registrar to serve copies of disputed election application  
   71.     Parties to disputed election application  
   72.     Withdrawal of disputed election application  
   73.     Hearing and decision on leave application  
   74.     Person ceasing to be respondent to disputed election application  
   75.     End of disputed election application  
   76.     Hearing disputed election applications  
   77.     Declarations and orders of court  
   78.     Illegal election practices  
   79.     Bribery or undue influence by person elected  
   80.     Immaterial delays and errors in relation to elections  
   81.     Inquiries by court  
   82.     Rejected ballot papers  
   83.     Evidence that people were not allowed to vote  
   84.     Inspection of electoral papers  
   85.     Commissioner not prevented from accessing documents  
   86.     Registrar to serve copies of court declarations on certain people  
   87.     Effect of court declarations  
   88.     Court procedure  
   89.     Legal representation limited in court proceeding  
   90.     Costs may be ordered against Territory  

           Division 2.3.4--Electoral offences

   91.     Multiple votes prohibited  
   92.     Interference with voting  
   93.     Giving completed ballot papers to commissioner  
   94.     Opening envelopes containing ballot papers  
   95.     Influencing of votes by officers  
   96.     Violence and intimidation  
   97.     Voting fraud  

   PART 2.4--HEALTH PROFESSION BOARD MEETINGS

   98.     When are board meetings held?  
   99.     Board meetings usually in public  
   100.    Ministerial referrals to board  
   101.    Presence at board meetings  
   102.    Presiding member at board meetings  
   103.    Board quorum  
   104.    Voting at board meetings  
   105.    Records of board meetings  
   106.    Board meeting procedures  
   107.    Disclosure of interests by board members  

   PART 2.5--HEALTH PROFESSION BOARD FUNCTIONS

   108.    Board to seek to form ties  
   109.    Performance of board on standards  
   110.    Performance of board on applications and reports  
   111.    Board's obligation to send renewal notices  

CHAPTER 3--REGISTRATION OF HEALTH PROFESSIONALS

   PART 3.1--APPLICATIONS FOR REGISTRATION

   112.    Applications for registration  
   113.    Registration of health professionals  
   114.    Suitability to practise requirements  
   115.    General competence to practise  
   116.    Conditional registration  
   117.    When is conditional registration in public interest?  
   118.    Specialist area registration  
   119.    Powers of health profession boards to require information  
   120.    Length of registration  
   121.    Practising certificate  
   122.    Replacement practising certificates  
   123.    Return of practising certificate  

   PART 3.2--END OF REGISTRATION AND RENEWAL

   124.    When does registration end?  
   125.    Failure to meet insurance requirement  
   126.    Renewal notice for registration  
   127.    Late payment of registration  
   128.    Retrospective re-registration  

   PART 3.3--MAINTAINING COMPETENCE AND CONTINUING PROFESSIONAL DEVELOPMENT

   129.    Obligation to maintain competence and continue professional  
   130.    Programs for maintenance of competence  
   131.    Standards for maintenance of competence  
   132.    Use of information about continuing competence etc  

CHAPTER 4--REQUIRED STANDARD OF PRACTICE

   PART 4.1--REQUIRED STANDARD OF PRACTICE GENERALLY

   133.    Purpose of ch 4  
   134.    Standards statements  
   135.    Pattern of practice or particular acts  
   136.    Endangering public  
   137.    Lack of competence to practise etc  

   PART 4.2--SPECIFIC BREACHES OF THE REQUIRED STANDARD OF PRACTICE

   138.    Purpose of pt 4.2 etc  
   139.    Breach of standards statements  
   140.    Telling board about proceedings relating to health professional  
   141.    Infection control and notifiable diseases  
   142.    Drugs and health professional  
   143.    Drugs and patients  
   144.    Inappropriate behaviour  
   145.    Reporting other health professionals  
   146.    Clinical records  
   147.    Misrepresenting facts in certificates  
   148.    Treatment by assistants  
   149.    Misleading advertising  
   150.    Behaviour that contravenes another law  

CHAPTER 5--THE REGISTER

   151.    Register  
   152.    Contents of register  
   153.    Information in register to be accessible and extractable  
   154.    Executive officer responsible for register  
   155.    Access to register  
   156.    Requests for changes of details in register  
   157.    When board must not charge fees etc for register corrections  
           SCHEDULE 1
           SCHEDULE 2
           DICTIONARY
           ENDNOTES