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The Regulatory Continuum and the Role of the Regulator

This presentation provides an overview of the regulatory changes and structure in the Australian context, focusing on the role of the regulator in promoting regulatory excellence. It discusses the establishment of national boards, accreditation authorities, and health complaints entities. The speaker shares insights on the implementation of the regulatory scheme and its potential to improve the safety and quality of healthcare.

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The Regulatory Continuum and the Role of the Regulator

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  1. London, England International Congress on Professional and Occupational Regulation The Regulatory Continuum and the Role of the Regulator (Discussion Groups) Margaret Grant Australian Physiotherapy Council 7-8 July 2011 Promoting Regulatory Excellence

  2. Overview • The Australian context • Regulatory change & structure • National Boards • Accreditation authorities • Notifications • Health Complaints Entities

  3. The Australian Context

  4. The Australian context & background • Total population = 22.5 million • A federation of six State and two Territories = nine governments • Constitution limits power of Federal Parliament to legislate on matters • Agenda to reform regulation across many sectors through national models including health practitioner regulation

  5. Regulatory change in Australia Before 1 July 2010 • >85 Health Profession Boards • 66 Separate Acts of Parliament • Inconsistent across Australia After 1 July 2010 • 10 Health Profession Boards • National Law legislation • Basically consistent across all States & Territories

  6. Health Professions From 1 July 2012 Aboriginal & Torres Strait Islander Health Practitioners Chinese Medicine Practitioners Medical Radiation Practitioners Occupational Therapists • Dentists (and oral health professions) • Pharmacists • Medical Practitioners • Physiotherapists • Nurses & Midwives • Optometrists • Psychologists • Osteopaths • Chiropractors • Podiatrists

  7. Structure of National Scheme Ministerial Council Agency Management Committee Advice National Committees Accreditation Authorities Accreditation Authorities National Committees Support National Office Contract Health Workforce Advisory Council Support Advisory Council State and Territory Offices State/Territory/ Regional Boards National Boards

  8. National Board Composition • Size and composition decided by the Ministerial Council, following consultation with the profession • Appointed by Ministerial Council • Public notice call for nominations • At least half but not more than 2/3 must be practitioner members • At least 2 must be community members

  9. Accreditation authorities • Independent organisations – ten accreditation councils • First three year assignment by Ministerial Council • National lawprovides National Board with ongoing responsibility for determining Accreditation Authority

  10. Notifications • Mandatory notifications • Voluntary notifications • Preliminary assessment

  11. National Boards & notifications • Oversee notification receipt, assessment and investigation • Establish hearings panels • Health, performance and professional standards matters • Refer matters to tribunals • Negotiate, in good faith, a service agreement with the National Agency

  12. Role of Health Complaints Entities • Investigate complaints about health systems or health service providers • Investigate certain complaints about health practitioners • Work with the National Agency to make sure each notification is investigated by the appropriate agency

  13. Closing • Nearly 12 months into implementation • Relatively smooth transition of >500,000 registered health practitioners • Great potential to improve safety and quality of health care

  14. Speaker Contact Information Margaret Grant margaret.grant@physiocouncil.com.au

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