Health Practitioner Regulation National Law (Transitional) Regulation 2010

Queensland Health Practitioner Regulation National Law Act 2009 Health Practitioner Regulation National Law (Transitional) Regulation 2010 Current as at 1 July 2010 NOTE—This is the last reprint before expiry. See 2009 Act No. 45 s 9A(4) Expired on 30 June 2013

Information about this reprint This regulation is reprinted as at 1 July 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version.

Queensland Health Practitioner Regulation National Law (Transitional) Regulation 2010 Contents Part 1 1 2 3 Part 2 4 5 6 Part 3 7 8 9 Part 4 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Provisions about the Information Privacy Act 2009 Applications under the Information Privacy Act 2009, s 43, 44 or 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Applications under the Information Privacy Act 2009, s 99 . . . . . 6 Persons affected by reviewable decision under the Information Privacy Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Provisions about the Right to Information Act 2009 Applications under the Right to Information Act 2009, s 24 or 80 8 Applications under the Right to Information Act 2009, s 85 . . . . . 9 Persons affected by reviewable decision under the Right to Information Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Miscellaneous provisions Area of need decisions under repealed Medical Practitioners Registration Act 2001, s 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Declaration that regulation is a transitional regulation . . . . . . . . . 10 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 12 13 13

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Part 1 Preliminary [s 1] Health Practitioner Regulation National Law (Transitional) Regulation 2010 [reprinted as in force on 1 July 2010] Part 1 Preliminary 1 Short title This regulation may be cited as the Health Practitioner Regulation National Law (Transitional) Regulation 2010 . 2 Commencement This regulation commences on 1 July 2010. 3 Definitions In this regulation— Dental Board of Australia means the Dental Board of Australia under the Health Practitioner Regulation National Law (Queensland), section 31. Dental Technicians and Prosthetists Board of Queensland means the Dental Technicians and Dental Prosthetists Board of Queensland under the Dental Technicians and Dental Prosthetists Registration Act 2001 as in force from time to time before 1 July 2010. former state board , for a health profession, means— (a) a board under any of the following repealed Acts— (i) Chiropractors Registration Act 2001 ; (ii) Dental Practitioners Registration Act 2001 ; (iii) Medical Practitioners Registration Act 2001 ; Current as at 1 July 2010 Page 3

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Part 1 Preliminary [s 3] (iv) Optometrists Registration Act 2001 ; (v) Osteopaths Registration Act 2001 ; (vi) Physiotherapists Registration Act 2001 ; (vii) Podiatrists Registration Act 2001 ; (viii) Psychologists Registration Act 2001 ; or (b) the Pharmacists Board of Queensland under the Pharmacists Registration Act 2001 as in force from time to time before 1 July 2010; or (c) the Queensland Nursing Council under the repealed Nursing Act 1992 . health profession means any of the following professions— (a) chiropractic; (b) dental, other than the profession of a dental prosthetist; (c) medical; (d) nursing and midwifery; (e) optometry; (f) osteopathy; (g) pharmacy; (h) physiotherapy; (i) podiatry; (j) psychology. information commissioner — (a) for part 2—see the Information Privacy Act 2009 , schedule 5; or (b) for part 3 — see the Right to Information Act 2009 , schedule 6. National Board , for a health profession, see the Health Practitioner Regulation National Law (Queensland), section 5. Page 4 Current as at 1 July 2010

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Part 2 Provisions about the Information Privacy Act 2009 [s 4] reviewable decision — (a) for part 2—see the Information Privacy Act 2009 , schedule 5; or (b) for part 3—see the Right to Information Act 2009 , schedule 6. Part 2 Provisions about the Information Privacy Act 2009 4 Applications under the Information Privacy Act 2009, s 43, 44 or 94 (1) This section applies if, immediately before 1 July 2010— (a) a former state board for a health profession had started dealing with, but had not finally dealt with, an application under the Information Privacy Act 2009 , section 43, 44 or 94; or (b) the Dental Technicians and Prosthetists Board of Queensland had started dealing with, but had not finally dealt with, an application— (i) made under the Information Privacy Act 2009 , section 43, 44 or 94; and (ii) related to the dental prosthetics profession. (2) From 1 July 2010, the relevant transitional board must deal with the application. (3) Subsection (2) applies subject to the Information Privacy Act 2009 , chapter 3, part 4. (4) For this section, the Information Privacy Act 2009 applies to the application as if— (a) the relevant transitional board were an agency within the meaning of that Act; and Current as at 1 July 2010 Page 5

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Part 2 Provisions about the Information Privacy Act 2009 [s 5] (b) the application had been made to the relevant transitional board. (5) In this section— relevant transitional board means— (a) for an application mentioned in subsection (1)(a)—the National Board for the health profession; or (b) for an application mentioned in subsection (1)(b)—the Dental Board of Australia. 5 Applications under the Information Privacy Act 2009, s 99 (1) This section applies if, immediately before 1 July 2010, the information commissioner had started dealing with, but had not finally dealt with, an application under the Information Privacy Act 2009 , section 99 for a reviewable decision made by— (a) a former state board for a health profession; or (b) the Dental Technicians and Prosthetists Board of Queensland, if the decision related to the dental prosthetics profession. (2) For the purposes of the Information Privacy Act 2009, chapter 3, part 9, the relevant transitional board is taken to be the agency that made the decision. (3) In this section— relevant transitional board means— (a) for a reviewable decision made by a former state board for a health profession—the National Board for the health profession; or (b) for a reviewable decision made by the Dental Technicians and Prosthetists Board of Queensland—the Dental Board of Australia. Page 6 Current as at 1 July 2010

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Part 2 Provisions about the Information Privacy Act 2009 [s 6] 6 Persons affected by reviewable decision under the Information Privacy Act 2009 (1) This section applies if— (a) a person was affected by a reviewable decision made before 1 July 2010 by— (i) a former state board for a health profession; or (ii) the Dental Technicians and Prosthetists Board of Queensland, if the decision related to the dental prosthetics profession; and (b) immediately before 1 July 2010, the person could have applied for review of the decision under the Information Privacy Act 2009 , section 94 or 99; and (c) the person had not applied for the review before 1 July 2010. (2) The person may, within the period allowed under the Information Privacy Act 2009 , section 96(c) or 101(1)(d), apply for review of the decision as if that Act applied to the application. (3) For subsection (2), the relevant transitional board is taken to be the agency that made the reviewable decision. (4) In this section— relevant transitional board means— (a) for a reviewable decision made by a former state board for a health profession—the National Board for the health profession; or (b) for a reviewable decision made by the Dental Technicians and Prosthetists Board of Queensland—the Dental Board of Australia. Current as at 1 July 2010 Page 7

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Part 3 Provisions about the Right to Information Act 2009 [s 7] Part 3 Provisions about the Right to Information Act 2009 7 Applications under the Right to Information Act 2009, s 24 or 80 (1) This section applies if, immediately before 1 July 2010— (a) a former state board for a health profession had started dealing with, but had not finally dealt with, an application under the Right to Information Act 2009 , section 24 or 80; or (b) the Dental Technicians and Prosthetists Board of Queensland had started dealing with, but had not finally dealt with, an application— (i) made under the Right to Information Act 2009 , section 24 or 80; and (ii) related to the dental prosthetics profession. (2) From 1 July 2010, the relevant transitional board must deal with the application. (3) Subsection (2) applies subject to the Right to Information Act 2009 , chapter 3, part 4. (4) For this section, the Right to Information Act 2009 applies to the application as if— (a) the relevant transitional board were an agency within the meaning of that Act; and (b) the application had been made to the relevant transitional board. (5) In this section— relevant transitional board means— (a) for an application mentioned in subsection (1)(a)—the National Board for the health profession; or (b) for an application mentioned in subsection (1)(b)—the Dental Board of Australia. Page 8 Current as at 1 July 2010

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Part 3 Provisions about the Right to Information Act 2009 [s 8] 8 Applications under the Right to Information Act 2009, s 85 (1) This section applies if, immediately before 1 July 2010, the information commissioner had started dealing with, but had not finally dealt with, an application under the Right to Information Act 2009 , section 85 for a reviewable decision made by— (a) a former state board for a health profession; or (b) the Dental Technicians and Prosthetists Board of Queensland, if the decision related to the dental prosthetics profession. (2) For the purposes of the Right to Information Act 2009 , chapter 3, part 9, the relevant transitional board is taken to be the agency that made the decision. (3) In this section— relevant transitional board means— (a) for a reviewable decision made by a former state board for a health profession—the National Board for the health profession; or (b) for a reviewable decision made by the Dental Technicians and Prosthetists Board of Queensland—the Dental Board of Australia. 9 Persons affected by reviewable decision under the Right to Information Act 2009 (1) This section applies if— (a) a person was affected by a reviewable decision made before 1 July 2010 by— (i) a former state board for a health profession; or (ii) the Dental Technicians and Prosthetists Board of Queensland, if the decision related to the dental prosthetics profession; and Current as at 1 July 2010 Page 9

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Part 4 Miscellaneous provisions [s 10] (b) immediately before 1 July 2010, the person could have applied for review of the decision under the Right to Information Act 2009 , section 80 or 85; and (c) the person had not applied for the review before 1 July 2010. (2) The person may, within the period allowed under the Right to Information Act 2009 , section 82(c) or 88(1)(d), apply for review of the decision as if that Act applied to the application. (3) For subsection (2), the relevant transitional board is taken to be the agency that made the reviewable decision. (4) In this section— relevant transitional board means— (a) for a reviewable decision made by a former state board for a health profession—the National Board for the health profession; or (b) for a reviewable decision made by the Dental Technicians and Prosthetists Board of Queensland—the Dental Board of Australia. Part 4 Miscellaneous provisions 10 Area of need decisions under repealed Medical Practitioners Registration Act 2001, s 135 An area of need decision made under the repealed Medical Practitioners Registration Act 2001 , section 135(4) that applied immediately before 1 July 2010 is taken to have been made under the Health Practitioner Regulation National Law (Queensland), section 67(5). 11 Declaration that regulation is a transitional regulation This regulation is a transitional regulation. Page 10 Current as at 1 July 2010

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Part 4 Miscellaneous provisions [s 11] Editor’s note — This regulation expires on 30 June 2013 (see the Act, section 9A(4)). Current as at 1 July 2010 Page 11

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Health Practitioner Regulation National Law (Transitional) Regulation 2010 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 12 Current as at 1 July 2010

Health Practitioner Regulation National Law (Transitional) Regulation 2010 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments included none Effective 1 July 2010 Notes 5 List of legislation Health Practitioner Regulation National Law (Transitional) Regulation 2010 SL No. 132 made by the Governor in Council on 24 June 2010 notfd gaz 25 June 2010 pp 823–30 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) exp 30 June 2013 (see 2009 No. 45 s 9A(4)) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 1 July 2010 Page 13