How the SAHPT came about
In 2006 the Council of Australian Governments (COAG) agreed to a national reform of registration and accreditation of health professionals with the objective of reducing complexity of regulation in the fields of health practice listed below and in March 2008 signed an Intergovernmental Agreement (IGA) to establish a national scheme.
- Nursing and midwifery
and from 1/7/2012:
- Medical radiation
- Occupational therapy
- Chinese Medicine
- Aboriginal and Torres Strait Islander practitioners,
and from 1/12/2018
In July 2010, the National Scheme was established under state and territory (rather than Commonwealth) legislation using the 'adoption of laws' mechanism - except in Western Australia where complementary legislation has been enacted, and in South Australia where the National Law is inserted into the Health Practitioner Regulation National Law (South Australia) Act 2010 with amendments made by regulation.
The IGA provided that the hearing of serious disciplinary matters, that is those that may result in suspension or cancellation of registration, will be undertaken by an entity external to the regulation agency (namely the Australian Health Practitioners Registration Agency - AHPRA) and that it would be the responsibility of each state or territory to determine which entity would be responsible for hearing those matters. To promote national consistency the legislation to establish the National Scheme specifies common processes, findings and determinations that can be made by the tribunals.
The Health Practitioner Regulation National Law (South Australia) Act 2010 established the South Australian Health Practitioners Tribunal as an independent tribunal within the national scheme and the Senior Judge of the former South Australian Industrial Relations Court agreed that the Health Practitioners Tribunal could be co-located with what is now the South Australian Employment Tribunal.