Health Practitioners Act 1983

No. 1, 1985

Compilation No. 1

Compilation date:                              1 July 2016

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

HEALTH PRACTITIONERS ACT 1983

TABLE OF PROVISIONS

         1.      Short title

         2.      Commencement

         3.      Definitions

         4.      Title and practice protections

       13.      Medical appointments not to be held by unregistered persons

       14.      Signing of death certificates

Health Practitioners Act 1983

An Act to provide for requirements relating to health practitioners

Short title

      1.      This Act may be cited as the Health Practitioners Act 1983.

Commencement

      2.      This Act shall come into operation on a date fixed by the Administrator by notice published in the Gazette.

Definitions

      3.      In this Act:

health profession means the following professions, and includes a recognised specialty in any of the following professions:

                     (a)  Aboriginal and Torres Strait Islander health practice;

                     (b)  Chinese medicine;

                     (c)  chiropractic;

                     (d)  dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);

                     (e)  medical;

                      (f)  medical radiation practice;

                     (g)  nursing and midwifery;

                     (h)  occupational therapy;

                      (i)  optometry;

                      (j)  osteopathy;

                     (k)  pharmacy;

                      (l)  physiotherapy;

                    (m)  podiatry;

                     (n)  psychology.

National Law has the same meaning as in the My Health Records Act 2012 of the Commonwealth.

Note:         National Law is defined in section 5 of that Act to mean:

(a)   for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or

(b)   for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.

registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).

registered medical practitioner means a medical practitioner within the meaning of a National Law.

Title and practice protections

      4.      (1)        A person commits an offence if:

                     (a)  the person knowingly or recklessly engages in conduct; and

                     (b)  were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.

Penalty:

                     (a)  for an individual—a fine not exceeding 300 penalty units; or

                     (b)  for a body corporate—a fine not exceeding 600 penalty units.

             (2)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.

Penalty: A fine not exceeding 300 penalty units.

Medical appointments not to be held by unregistered persons

      13.    A person, other than a registered medical practitioner, shall not hold an appointment —

(a)        as a physician, surgeon or other medical officer —

(i)         in a hospital, infirmary, dispensary, lying-in hospital, or in a hospital for the insane, gaol, penitentiary, house of correction, or other public institution for affording medical relief in sickness, infirmity or old age; or

(ii)        to a health centre, or welfare, natal, or industrial clinic or other centre or clinic for the promotion of the public health by the prevention or early diagnosis or the treatment of disease; or

(iii)       to a friendly society; or

(b)        as a medical officer of health or medical inspector.

Penalty:           20 penalty units.

Signing of death certificates

      14.    A person, other than a registered medical practitioner, shall not sign —

(a)        a certificate required by an enactment from a physician, surgeon, licentiate in medicine or surgery, medical practitioner or medical officer of health; or

(b)        a medical certificate of the cause of death of a deceased person.

Penalty:           10 penalty units.

NOTES

The Health Practitioners Act 1983 as shown in this consolidation comprises Act No. 1 of 1985 and amendments as indicated in the Tables below.

Table of Amendments