Health Practitioner Regulation National Law:
An act providing for the adoption of a National Law to establish a National registration and accreditation scheme for health practitioners.
(Particularly need to know Part 7 and 8)
Part 7: is registration:
General, Specialist/endorsement, Provisional, Limited – post grad training, Non-practicing.
Provisional – 1-hour supervision for each 17hrs of practice. Minimum 88 weeks. 8 case reports, 4 to the Board, 2 x Assessment and 2 x Intervention, 60 hours PD each 12 m, exam.
General – 30 PD points per year prior to 1 Nov.
Endorsement: Post Grad qualifications plus supervision plus extra 10 hours PD.
Part 8: Health, Performance and Conduct
Mandatory notification – notifiable conduct:
- Practiced intoxicated
- Sexual misconduct
- Placed the public at risk of substantial harm because the practitioner has an impairment
- Practice in a way that constitutes a significant departure from professional standards
You must as soon as practicable, after forming the reasonable belief, notify the Agency (AHPRA).
Not notifying does not constitute an offence but may constitute behaviour for which action may be taken.
Privacy, freedom of information and maintenance of health records:
The Privacy Act 1988 (Privacy Act) was introduced to promote and protect the privacy of individuals and to regulate how Australian Government agencies and organizations with an annual turnover of more than $3 million, and some other organizations, handle personal information.
Other organizations include Health Practitioners.
There are:
13 privacy principles:
13 privacy principles:
https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-quick-reference/
Individuals have the right to access documents from Australian Government ministers and most Australian Government agencies under the Freedom of Information Act 1982 (FOI Act).
Most freedom of information (FOI) requests involve people seeking access to documents containing their personal information. Individuals can also request access to documents containing other information, such as information about government policies, programs, and decision-making processes.
- Open and transparent management of personal information
- Anonymity and pseudonymity
- Collection of solicited personal information
- Dealing with unsolicited personal information
- Notification of the collection of personal information
- Use or disclosure of personal information
- Direct marketing
- Cross-border disclosure of personal information
- Adoption, use, or disclosure of government related identifiers
- Quality of personal information
- Security of personal information
- Access to personal information
- Correction of personal information
9 exemptions:
These are:
https: //www.oaic.gov.au/freedom-of-information/your-foi-rights/what-is-freedom-of-information/#Exemptions1
1. that anything that affects national security, defence or international relations
2. of the Federal Cabinet
3. that affects Law Enforcement and Public Safety (i.e., patent laws, people have to right to protect their intellectual property)
4. where The Secrecy Rules of a Law Applies (for example, information collected under taxation, child support, gene technology and patent laws)
5. where Legal Professional Privilege Applies
6. that has Material Collected in Confidence
7. whose disclosure would be in Contempt of Parliament of in Contempt of Court
8. disclosing Trade Secrets or Commercially Valuable Information
9. Electoral Rolls and Related Documents - (as a psychologist you can opt to be silent numbers)
- However, an agency or minister may decide to disclose a document even if an exemption applies.
Conditional Exemptions
If a document meets a conditional exemption, the agency or minister must also decide if disclosing the document would be against the public interest.
- They can’t refuse access to a document solely because it meets a conditional exemption, it must also be against the public interest.
– so posting information that would be unreasonable to disclose or information.
– You know that would damage the Australian economy.
– So that sometimes is those exemptions that they make on a case by case basis.
– So they’re conditionally exemptions.
Conditional exemptions may apply to a document that has:
- personal information that would be unreasonable to disclose
- information about certain operations of the agency (such as an agency’s operations, audit, examination or employee management)
- information about the deliberative processes relating to an agency or minister’s functions
- information that could damage federal and state government relations
- information that may damage the Australian economy
- information about the Australian Government’s financial or property interests
Antidiscrimination & Equal opportunity
- In Australia it is unlawful or illegal to discriminate on the basis of protected attributes which are:
– age
– disability,
– race,
– sex act
– gender identity
– Sexual orientation
- the talk about different areas
- which these acts apply
– Majority of times it’s talking about employment and education
- Disability Act 1992 - buildings, education - this is national legislation - equal opportunity but they all have the same thread
- Australian guidelines - Latest introduced are sex discrimination:
Sex and Gender - gender identity and intersex status - are the later additions
Individuals may identify as a gender other than they are assigned to, or may not identify - gives evidence to change about to change their sex or gender (male or female)
Equal opportunity
APS - brought up guidelines to working with gender-fluid population to psychologists - Gender fluid and other terms used.
