Legal information
The Health Practitioner Regulation National Law (NSW) outlines our regulatory obligations and powers. Several other laws and regulations are also relevant to our work.
The NSW Parliament updates this law from time to time.
For example, obligations have been introduced to enhance how we notify complainants, and what we must tell employers.
Notifying complainants
We must tell the person who made a complaint (the complainant) about the outcome.
Section 145BA of the National Law (NSW) requires us to do this when a Council has:
- referred a practitioner to a Professional Standards Committee hearing (Nursing and Midwifery Council and Medical Council)
- referred a practitioner to a Council Inquiry (all councils except Nursing and Midwifery Council and Medical Council)
- required a practitioner to have an independent health or performance assessment
- referred a practitioner directly to an Impaired Registrants Panel, without a preliminary assessment
- referred a practitioner for counselling
- referred the matter to another body
- decided to take no further action.
If we suspend, cancel or amend the conditions on a practitioner's registration, Ahpra records this on the national Register of practitioners.
Notifying employers
NSW legislation that applies to our work
| Act or regulation | Primary purpose |
|---|---|
| Health Practitioner Regulation (New South Wales) Regulation 2025 | Sets out the composition of NSW Health Professional Councils and requirements for infection control and record keeping for health practitioners. |
| Health Practitioner Regulation National Law (NSW) | Provides the legal framework for regulating registered health practitioners in NSW. It sets out how practitioners are registered, how professional standards are maintained, and how public safety is protected across the health professions. |
| Government Information (Public Access) Act 2009 (GIPA Act) | Replaces the former Freedom of Information (FOI) laws and provides a right to access government information. |
| Government Information (Public Access) Regulation 2018 - NSW Legislation | Supports the Government Information (Public Access) Act by setting out further requirements for managing access to government information. |
| Health Care Complaints Act 1993 | Establishes the system for receiving, assessing and resolving complaints about health services and health practitioners. |
| Poisons and Therapeutic Goods Act 1966 | Regulates the supply, use and control of poisons, restricted substances, drugs of addiction and certain therapeutic goods. |
| Poisons and Therapeutic Goods Regulation 2008 | Supports the Poisons and Therapeutic Goods Act by setting detailed rules for the safe handling, storage and use of regulated substances. |
| Health Records and Information Privacy Act 2002 | Protects the privacy of an individual’s health information held in the public and private sectors. |
| Health Records and Information Privacy Code of Practice 2005 | Provides additional rules for handling health information in NSW. |
| Health Records and Information Privacy Regulation 2017 | Supports the Health Records and Information Privacy Act by setting out further requirements for managing health information. |
| Public Health Act 2010 | Promotes and protects public health by setting standards and powers to prevent and manage public health risks. |
| Mental Health Act 2007 | Provides for the care, treatment and control of people with mental illness or mental disorders. |
| Privacy and Personal Information Protection Act 1998 | Protects personal information held by NSW public sector agencies and safeguards individual privacy. |
You can access all NSW legislation on the NSW Parliamentary Counsel’s legislation website.
Guide to serving legal documents
If you plan to serve a subpoena or another order to produce information on us, please follow this guide.
The cost for serving subpoenas or making formal requests for information will vary depending on your application.
Visit our Application fees page for information on costs for subpoenas and GIPA applications.