Health Practitioners Competence Assurance Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Health
9 Certain activities restricted to particular health practitioners


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.


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—


will be affected by the proposal; or


whose members will be affected by the proposal.


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.


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.


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


in an emergency; or


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


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


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


An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 9(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 9(7): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).