Health Practitioners Competence Assurance Act 2003

1: Preliminary and key provisions

9 Certain activities restricted to particular health practitioners




    9 Certain activities restricted to particular health practitioners

  (1)  The Governor-General may, from time to time, by Order in Council made on
the recommendation of the Minister, declare an activity that constitutes or
forms part of a health service to be a restricted activity.

  (2)  Before the Minister makes a recommendation under subsection (1), the
Minister must consult about his or her proposal for the recommendation with any
organisation that the Minister considers---

      (a)  will be affected by the proposal; or

      (b)  whose members will be affected by the proposal.

  (3)  The Minister may recommend that an Order in Council under this section
be made only if, after consulting under subsection (2), he or she is satisfied
that members of the public risk serious or permanent harm if the activity is
performed by persons other than health practitioners who are permitted by their
scopes of practice to perform that activity.

  (4) No person may perform, or state or imply that he or she is willing to
perform, an activity that, by an Order in Council made under this section, is
declared to be a restricted activity unless the person is a health practitioner
who is permitted by his or her scope of practice to perform that
activity.

  (5)  Despite subsection (4), a person does not contravene that subsection by
performing an activity---

      (a)  in an emergency; or

      (b)  in the course of training or instruction and under the control of a
health practitioner of the kind described in that subsection; or

      (c)  in the course of an examination, assessment, or competence review
required or ordered by the responsible authority.

  (6)  Every person commits an offence punishable on summary conviction by a
fine not exceeding $30,000 who contravenes subsection (4).

  (7)  An Order in Council under this section is a regulation for the purposes
of the Regulations (Disallowance) Act 1989.
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