❓ Hon Adele Farina questions the Minister for Health regarding amendments to the Health Practitioner Regulation National Law (WA) Regulations 2010, specifically concerning parliamentary oversight and the incorporation of Victorian regulations. The Minister acknowledges concerns and commits to exploring process improvements.
AnsweredQoN 4321Legislative Council
QuestionView source ↗
I refer to the Health Practitioner Regulation National Law (WA) Regulations 2010 , on the State Law Publisher website, which states that the regulations were amended on 1 June 2015, and I ask: (a) were these new regulations or amendments to the regulations considered by the Parliament of Western Australia, as required under section 7(2) and section 245(2) of the Health Practitioner Regulation National Law (WA) Act 2010 ; (b) were these amendments referred to the Joint Standing Committee on Delegated Legislation for consideration prior to being incorporated into the regulations on 1 June 2015 and, if yes, when; (c) why were regulations adopted by the Victorian Parliament incorporated into the Western Australian regulations, contrary to the Health Practitioner Regulation National Law (WA) Act 2010 ; (d) will the Minister table or identify the new regulations or amendments incorporated into the Western Australian regulations on 1 June 2015; and (e) what action is the Minister taking to ensure his department complies with Western Australian legislative requirements?
AnswerView source ↗
Answered
20 September 2016
Responded by
Minister for Planning representing the Minister for Health
Response time
27 days
(a) The Health Practitioner Regulation National Law (WA) Regulations 2010 (the WA Regulations) include a note referring to three amendments to the Health Practitioner Regulation National Law Regulation (the National Regulation). These regulatory amendments were not gazetted in WA or laid before each House of Parliament.
(b) No.
(c) Under regulations 3 and 4(1) of the WA Regulations, the Health Practitioner Regulation National Law Regulation (the National Regulation, made by the Australian Health Workforce Ministerial Council on 17 June 2010 and published by the Victorian Government Printer on 22 June 2010), was applied as a regulation in Western Australia as in force from time to time . Section 245(1) and clause 24(1) and (2) of Schedule 7 to the WA Law were relied upon to make regulations in those terms. Consequently, amendments made to the National Regulation in 2011, 2013 and 2015 had effect in Western Australia without there being any need for the Ministerial Council to amend the WA Regulations.
As sections 41 and 42 of the Interpretation Act only apply to regulations made under section 245 of the WA Law and no further regulations were made under that provision, sections 41 and 42 did not apply to the amendments made to the National Regulation in 2011, 2013 and 2015. It is for that reason that those amendments were neither gazetted nor laid before each House of Parliament.
(d) Yes [see tabled paper no.]
(e) It is recognised that this effect of the WA Regulations can give rise to some of the concerns which were raised when Parliament considered the Bill which became the WA Act. I have instructed the Department of Health to explore ways in which the process for making regulations for the purposes of the WA Law may be changed to better address those concerns.
(b) No.
(c) Under regulations 3 and 4(1) of the WA Regulations, the Health Practitioner Regulation National Law Regulation (the National Regulation, made by the Australian Health Workforce Ministerial Council on 17 June 2010 and published by the Victorian Government Printer on 22 June 2010), was applied as a regulation in Western Australia as in force from time to time . Section 245(1) and clause 24(1) and (2) of Schedule 7 to the WA Law were relied upon to make regulations in those terms. Consequently, amendments made to the National Regulation in 2011, 2013 and 2015 had effect in Western Australia without there being any need for the Ministerial Council to amend the WA Regulations.
As sections 41 and 42 of the Interpretation Act only apply to regulations made under section 245 of the WA Law and no further regulations were made under that provision, sections 41 and 42 did not apply to the amendments made to the National Regulation in 2011, 2013 and 2015. It is for that reason that those amendments were neither gazetted nor laid before each House of Parliament.
(d) Yes [see tabled paper no.]
(e) It is recognised that this effect of the WA Regulations can give rise to some of the concerns which were raised when Parliament considered the Bill which became the WA Act. I have instructed the Department of Health to explore ways in which the process for making regulations for the purposes of the WA Law may be changed to better address those concerns.
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