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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
HEALTH PRACTITIONERS
(PROFESSIONAL
STANDARDS) BILL 1999
Queensland
HEALTH PRACTITIONERS
(PROFESSIONAL STANDARDS) BILL
1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
5 Relationship with Health Rights Commission Act . . . . . . . . . . . . . . . . . . . . 26
Division 2--Objects
6 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
7 How objects are to be primarily achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--Operation of Act
8 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 4--Application of Act to former registrants
9 Application of Act to persons who are no longer registered . . . . . . . . . . . . . 28
PART 2--ADMINISTRATION
Division 1--Preliminary
10 Purposes of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2--Boards
11 Boards' functions under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
12 Delegation of certain powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
13 Minister's power to give directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2
Health Practitioners (Professional Standards)
Division 3--Professional conduct review panels
Subdivision 1--Functions and establishment of panels
14 Functions of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
15 Secretary to establish panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
16 When panel ceases to exist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 2--Membership of panels
17 Membership of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
18 Restrictions on membership of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
19 Board must advise secretary of specialist and technical issues . . . . . . . . . 34
20 Board may nominate member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
21 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
22 Payment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 3--Secretary of professional conduct review panels
23 Appointment of secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
24 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
25 Functions of secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 4--Health Practitioners Tribunal
Subdivision 1--Establishment and membership of tribunal
26 Establishment of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
27 Members and constitution of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
28 Tribunal may sit in more than 1 place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
29 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 2--Functions of tribunal
30 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 3--Assessors
31 Assessors to assist tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
32 Restrictions on appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
33 Board must advise registrar of specialist and technical issues . . . . . . . . . . 39
34 Functions and powers of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
35 Payment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 4--Registrar of tribunal
36 Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
3
Health Practitioners (Professional Standards)
37 Functions of registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
38 Delegation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 5--Panels of assessors
39 Panels of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
40 Appointment of individuals to panels of assessors . . . . . . . . . . . . . . . . . . . . 42
41 Disqualification from membership of panel of assessors . . . . . . . . . . . . . . . 43
42 Procedure for recommending members of panels of assessors . . . . . . . . . . . 43
43 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
44 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
45 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 3--COMPLAINTS
Division 1--Preliminary
46 Purposes of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 2--Making a complaint
47 Who may make complaint about registrant . . . . . . . . . . . . . . . . . . . . . . . . . . 45
48 Grounds for complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
49 How complaint is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
50 Entity making complaint to reveal identity . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 3--How complaints are dealt with
Subdivision 1--Complaints by users of registrant's services or entity
acting on behalf of user
51 Action by board on receipt of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
52 Referral of complaint to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 2--Complaints made or referred to board by other
entities and complaints commissioner not authorised to receive
53 Action by board on receipt of complaint made or referred by
another entity, or complaint commissioner not authorised to receive . . . . . 49
54 When complaint may be rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
55 Notice to be given if complaint rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 3--Other matters about complaints
56 Board may require further information or statutory declaration . . . . . . . . . . 53
57 Withdrawal of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
4
Health Practitioners (Professional Standards)
PART 4--IMMEDIATE SUSPENSION OF REGISTRANTS OR
IMPOSITION OF CONDITIONS ON THEIR REGISTRATION
58 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
59 Immediate suspension or imposition of conditions on registration . . . . . . . 54
60 Suspension or conditions to be recorded in board's register . . . . . . . . . . . . . 55
PART 5--INVESTIGATIONS
Division 1--Preliminary
61 Purposes of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 2--General provisions about investigation
62 When investigation of registrant must be conducted . . . . . . . . . . . . . . . . . . 56
63 When investigation of registrant may be conducted on board's
initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
64 Who may investigate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
65 Investigation must be conducted as quickly as possible . . . . . . . . . . . . . . . 58
66 Registrant to be given notice of investigation . . . . . . . . . . . . . . . . . . . . . . . . 58
67 Registrant may make submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 3--Investigation committees
68 Function of investigation committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
69 Powers of investigation committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 4--Investigators
70 Function of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
71 Powers of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
72 Limitation on powers of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
73 Who may be appointed as investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
74 Investigator's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
75 Investigator's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
76 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
77 Display of investigator's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 5--Investigation powers
Subdivision 1--Power to obtain information
78 Power to require information or attendance . . . . . . . . . . . . . . . . . . . . . . . . . . 62
79 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
80 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
5
Health Practitioners (Professional Standards)
81 Inspection of produced things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Subdivision 2--Entry of places by investigator
82 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Subdivision 3--Procedure for entry by investigator
83 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
84 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
85 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
86 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
87 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Subdivision 4--Powers of investigator after entry
88 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
89 Failure to help investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
90 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Subdivision 5--Power of investigator to seize evidence
91 Seizing evidence at public place if entry made when place open . . . . . . . 70
92 Seizing evidence at place entered with consent or warrant . . . . . . . . . . . . . 70
93 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
94 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
95 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
96 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
97 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
98 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
99 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
100 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Subdivision 6--General enforcement matters
101 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
102 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
103 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
104 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
105 Obstructing investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
106 Impersonation of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
6
Health Practitioners (Professional Standards)
Subdivision 7--Health assessments and expert assistance
107 Board may require health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
108 Appointment of appropriately qualified person to conduct health
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
109 Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
110 Registrant may make submissions about assessment report . . . . . . . . . . . . 79
111 Expert assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
112 Use of assessment and expert's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
113 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 6--Action following investigation
114 Preliminary report prepared by investigation committee or investigator . . 81
115 Board to prepare report on completion of investigation . . . . . . . . . . . . . . . . 81
116 Board to keep commissioner informed about investigation . . . . . . . . . . . . . 82
117 Commissioner may report to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
118 Decision on investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
119 Board to take action as soon as practicable . . . . . . . . . . . . . . . . . . . . . . . . . 85
120 Board must give notice about investigation to registrant and other
persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
121 Undertaking to be recorded in board's register . . . . . . . . . . . . . . . . . . . . . . . 86
PART 6--DISCIPLINARY PROCEEDINGS
Division 1--Preliminary
122 Purposes of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
123 Purposes of disciplinary proceedings and disciplinary action . . . . . . . . . . . 87
Division 2--Grounds for disciplinary action
124 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 3--Starting disciplinary proceedings
125 When disciplinary proceedings may be started . . . . . . . . . . . . . . . . . . . . . . . 89
126 How disciplinary proceedings may be started . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 4--Disciplinary proceedings conducted by board
Subdivision 1--Boards' jurisdiction to conduct disciplinary
proceedings and form of proceedings
127 Boards' jurisdiction to conduct disciplinary proceedings . . . . . . . . . . . . . . . 91
128 Form of disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
7
Health Practitioners (Professional Standards)
129 Additional disciplinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Subdivision 2--Disciplinary proceedings in form of a hearing
130 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
131 Notice of intention to conduct disciplinary proceedings by hearing . . . . . . 92
132 Substituted service on registrant and complainant . . . . . . . . . . . . . . . . . . . . 93
133 Registrant may require referral to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
134 Powers of board to refer matter to panel or tribunal etc. . . . . . . . . . . . . . . . 94
135 Powers of disciplinary committee to refer matter to panel or
tribunal etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
136 Procedure for hearing by board or disciplinary committee . . . . . . . . . . . . . . 96
137 Time and place of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
138 Hearing not open to the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
139 Attendance and appearance at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
140 Board or disciplinary committee may exclude complainant from
hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
141 Board or disciplinary committee may exclude disruptive person
from hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
142 Board or disciplinary committee may be assisted by lawyer or
other person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
143 Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
144 Board or disciplinary committee may proceed in absence of
registrant or may adjourn hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
145 Questions to be decided by majority of board or disciplinary committee . . 99
146 Procedure if board member absent etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
147 Procedure if committee member absent etc. . . . . . . . . . . . . . . . . . . . . . . . . . 100
148 Inspection of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
149 Evidence and findings etc. in other proceedings may be received
or adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
150 Allowance to witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
151 Board or disciplinary committee to keep record of disciplinary
proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Subdivision 3--Disciplinary proceedings by correspondence
152 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
153 Notice of intention to conduct disciplinary proceedings by
correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
8
Health Practitioners (Professional Standards)
154 Substituted service on registrant or complainant . . . . . . . . . . . . . . . . . . . . . 104
155 Registrant may require referral to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
156 Board or disciplinary committee may require other information . . . . . . . . . 105
157 Power of board or committee to continue disciplinary proceedings
without receiving registrant's submission . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Subdivision 4--Offences relating to disciplinary proceedings dealt
with by board or disciplinary committee
158 Offences about attending hearing, answering questions and
related matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
159 Offence for failing to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
160 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
161 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
162 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
163 Contempt of board or disciplinary committee . . . . . . . . . . . . . . . . . . . . . . . . 107
Subdivision 5--Decision on completion of disciplinary proceedings
164 Decision about whether ground for disciplinary action established . . . . . . . 107
165 Decision about disciplinary action relating to registrant . . . . . . . . . . . . . . . 108
166 Decision about disciplinary action relating to former registrant . . . . . . . . . 109
167 Matters board or disciplinary committee must consider in making
decision about disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Subdivision 6--Action after decision about disciplinary action
168 Notification of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
169 Additional information to be included in notice . . . . . . . . . . . . . . . . . . . . . . 111
170 Disciplinary action to be recorded in board's register . . . . . . . . . . . . . . . . . 111
Division 5--Professional conduct review panels
Subdivision 1--Jurisdiction of panels
171 Panels' jurisdiction to conduct disciplinary proceedings . . . . . . . . . . . . . . . 112
172 Additional disciplinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Subdivision 2--Procedural matters
173 Parties to disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
174 Notice of intention to conduct hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
175 Substituted service on registrant and complainant . . . . . . . . . . . . . . . . . . . . 114
176 Pre-hearing conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
177 Registrant may require referral to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
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178 Powers of panel to direct referral of matter to tribunal etc. . . . . . . . . . . . . . 116
179 Procedure for hearing by panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
180 Time and place of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
181 Hearing not open to the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
182 Appearance and attendance at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
183 Panel may exclude complainant from hearing . . . . . . . . . . . . . . . . . . . . . . . 119
184 Panel may exclude disruptive person from hearing . . . . . . . . . . . . . . . . . . . 119
185 Secretary or other person may assist tribunal . . . . . . . . . . . . . . . . . . . . . . . . 119
186 Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
187 Panel may proceed in absence of party or may adjourn hearing . . . . . . . . . 120
188 Questions to be decided by majority of panel . . . . . . . . . . . . . . . . . . . . . . . . 120
189 Procedure if panel member absent etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
190 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
191 Inspection of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
192 Evidence and findings etc. in other proceedings may be received
or adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
193 Allowance to witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
194 Panel to keep record of disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . 122
Subdivision 3--Offences relating to disciplinary proceedings dealt
with by panel
195 Offences about attending hearing, answering questions and
related matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
196 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
197 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
198 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
199 Contempt of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Subdivision 4--Decision on completion of disciplinary proceedings
200 Decision about whether ground for disciplinary action established . . . . . . . 125
201 Decision about disciplinary action relating to registrant . . . . . . . . . . . . . . . 125
202 Decision about recording disciplinary action relating to registrant . . . . . . . 126
203 Decision about disciplinary action relating to former registrant . . . . . . . . . 127
204 Matters panel must consider in making decision about
disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
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Subdivision 5--Action after decision about disciplinary action
205 Notification of decision of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
206 Additional information to be included in notice . . . . . . . . . . . . . . . . . . . . . . 129
Subdivision 6--Effect of decision
207 Effect of panel's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
208 Implementation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Subdivision 7--Miscellaneous
209 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
210 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Division 6--Health Practitioners Tribunal
Subdivision 1--Jurisdiction of tribunal
211 Tribunal's jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
212 Additional disciplinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Subdivision 2--Procedural matters
213 Chairperson to allocate matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
214 Parties to disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
215 Notice of intention to conduct hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
216 Substituted service on registrant and complainant . . . . . . . . . . . . . . . . . . . . 134
217 Directions conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
218 Tribunal's powers relating to health assessment . . . . . . . . . . . . . . . . . . . . . . 135
219 Procedure for hearing by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
220 Time and place of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
221 Evidence by telephone, video link or another form of communication . . . . 136
222 Hearing to be held in public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
223 Tribunal may order suppression of registrant's name . . . . . . . . . . . . . . . . . . 137
224 Evidence of special witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
225 Attendance and right of appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
226 Tribunal may exclude witnesses from hearing . . . . . . . . . . . . . . . . . . . . . . . 139
227 Questions to be decided by constituting member . . . . . . . . . . . . . . . . . . . . . 139
228 Procedure if tribunal member absent etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
229 Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
230 Tribunal may proceed in absence of party or may adjourn hearing . . . . . . . 140
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231 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
232 Inspection of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
233 Evidence and findings etc. in other proceedings may be received
or adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
234 Witness expenses and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
235 Tribunal to keep record of disciplinary proceedings . . . . . . . . . . . . . . . . . . . 143
Subdivision 3--Contempt of tribunal
236 Conduct constituting contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
237 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
238 Certain conduct not contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
239 Punishment of contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Subdivision 4--Decisions on completion of disciplinary proceedings
240 Decision about whether ground for disciplinary action established . . . . . . . 146
241 Decision about disciplinary action relating to registrant . . . . . . . . . . . . . . . 147
242 Decision about recording disciplinary action relating to registrant . . . . . . . 150
243 Decision about disciplinary action relating to former registrant . . . . . . . . . 151
244 Matters tribunal must consider in making decision about
disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Subdivision 5--Action after decision about disciplinary action
245 Notification of decision of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
246 Additional information to be included in notice . . . . . . . . . . . . . . . . . . . . . . 153
Subdivision 6--Suspended decisions
247 Decision may be suspended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
248 Effect of suspended decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
249 Consequences if other disciplinary action while suspended decision . . . . . 156
250 Power of tribunal to deal with suspended decision . . . . . . . . . . . . . . . . . . . . 156
251 Tribunal must give notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Subdivision 7--Effect of decision
252 Effect of tribunal's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
253 Implementation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
254 Recovery of fine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Subdivision 8--Miscellaneous
255 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
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256 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
257 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
258 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
259 Practice directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Division 7--Dissemination of information
Subdivision 1--Purpose
260 Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Subdivision 2--Notification of disciplinary proceedings
261 Board may notify other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
262 Board may notify other registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
Subdivision 3--Records of disciplinary action
263 Records to be kept and made publicly available . . . . . . . . . . . . . . . . . . . . . 162
Subdivision 4--Reports
264 Matters to be included in board's annual report . . . . . . . . . . . . . . . . . . . . . . 164
265 Secretary to give report to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
PART 7--MANAGEMENT OF IMPAIRED REGISTRANTS BY
BOARDS
Division 1--Preliminary
266 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
267 How purpose is achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
268 Application of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Division 2--Informal management of impaired registrants
Subdivision 1--Preliminary
269 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Subdivision 2--Health assessments and boards' powers
270 Board may request information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
271 Notice to be given to registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
272 Powers of board if registrant does not undergo health assessment etc. . . . . 167
273 Procedure for health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
274 Registrant may make submissions about assessment report . . . . . . . . . . . . 170
275 Decision about impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
276 Decision about action to be taken for impaired registrant . . . . . . . . . . . . . . 170
277 Decision about action to be taken for registrants who are not impaired . . . 171
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278 Notification of board's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
279 Additional information to be included in notice . . . . . . . . . . . . . . . . . . . . . . 172
Subdivision 3--Miscellaneous
280 Payment of person conducting assessment . . . . . . . . . . . . . . . . . . . . . . . . . . 173
281 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
Division 3--Health assessment committees
Subdivision 1--Establishment of health assessment committee
282 Establishment of health assessment committee . . . . . . . . . . . . . . . . . . . . . . 174
283 Composition of health assessment committee . . . . . . . . . . . . . . . . . . . . . . . 174
284 Remuneration of health assessment committee members etc. . . . . . . . . . . 175
Subdivision 2--Functions of health assessment committee
285 Functions of health assessment committee . . . . . . . . . . . . . . . . . . . . . . . . . . 175
Subdivision 3--Assessment procedures and committees' powers
286 Notice about establishment of health assessment committee . . . . . . . . . . . 176
287 Registrant may make submissions to health assessment committee . . . . . 176
288 Power of health assessment committee about registrant . . . . . . . . . . . . . . . 177
289 Failure to comply with requirement of health assessment committee . . . . 177
290 Other powers of health assessment committee . . . . . . . . . . . . . . . . . . . . . . . 178
291 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
292 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
293 Inspection of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
294 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
295 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
296 Health assessment committee to prepare report . . . . . . . . . . . . . . . . . . . . . . 180
297 Registrant may make submissions about assessment report . . . . . . . . . . . . 182
Division 4--Decision by board about impairment
298 Decision about impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
299 Decision about action to be taken for impaired registrant . . . . . . . . . . . . . . 183
300 Decision about action to be take for registrants who are not impaired . . . . 184
Division 5--Action after decision about impairment
301 Notification of board's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
302 Additional information to be included in notice . . . . . . . . . . . . . . . . . . . . . . 186
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303 Conditions and undertakings to be recorded in board's register . . . . . . . . . . 186
304 Notification of other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Division 6--Miscellaneous
305 Conditions or order in force until further decision made . . . . . . . . . . . . . . . 188
306 Registrant may request further health assessment . . . . . . . . . . . . . . . . . . . . 188
307 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
308 Board must pay cost of health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . 189
PART 8--POWERS RESULTING FROM ACTION UNDER
FOREIGN LAW
Division 1--Preliminary
309 Purpose of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
310 Definition for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Division 2--Action taken by board on basis of foreign law
311 Board may take action on basis of foreign law . . . . . . . . . . . . . . . . . . . . . . . 190
312 Further action by board relating to proposed action . . . . . . . . . . . . . . . . . . . 191
Division 3--Records
313 Record to be made in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
PART 9--REVIEWS AND APPEALS
Division 1--Preliminary
314 Purposes of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Division 2--Review of conditions imposed under decision of panel
315 Reviews of conditions imposed under decision of panel . . . . . . . . . . . . . . . 193
316 Who may have conditions reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
317 How to start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
318 Secretary to give notice of review to particular persons . . . . . . . . . . . . . . . 194
319 Secretary to establish panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
320 Review may be by hearing or written submission . . . . . . . . . . . . . . . . . . . . . 195
321 Notice about hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
322 Review by hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
323 Review by written submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
324 Powers of review panel on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Division 3--Appeals to tribunal
325 Appealable decisions for tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
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326 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
327 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
328 Registrar to give notice of appeal to particular persons . . . . . . . . . . . . . . . . 199
329 Stay of operation of appealable decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
330 Appeal against immediate suspension etc. to be decided quickly . . . . . . . 200
331 Appeal is by way of rehearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
332 Notice about conduct of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
333 Appeals by hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
334 Appeal may be by written submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
335 Appeals by written submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
336 Powers of tribunal on appeal etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Division 4--Review of certain tribunal decisions
337 Decisions that may be reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
338 Who may have decision reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
339 How to start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
340 Registrar to give notice of review to particular persons . . . . . . . . . . . . . . . . 205
341 Review may be by hearing or written submission . . . . . . . . . . . . . . . . . . . . . 205
342 Notice about hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
343 Review by hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
344 Review by written submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
345 Powers of tribunal on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
Division 5--Appeals to Court of Appeal from decisions of tribunal
346 Tribunal decisions that are appealable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
347 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
348 Appeal to Court of Appeal on questions of law only . . . . . . . . . . . . . . . . . . 209
349 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
350 Appellant to give notice of appeal to particular persons . . . . . . . . . . . . . . . 210
351 Stay of operation of appealable decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
352 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
353 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
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Health Practitioners (Professional Standards)
PART 10--INSPECTORS
Division 1--Preliminary
354 Purpose of pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
Division 2--Inspectors' function and powers
355 Function of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
356 Powers of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
357 Limitation on powers of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
Division 3--Appointment of inspectors and other matters
358 Who may be appointed as inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
359 Inspector's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
360 Inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
361 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
362 Display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
Division 4--Particular powers of inspectors
363 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
364 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
365 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
366 Inspection of produced document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Division 5--Impersonation of inspectors
367 Impersonation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
PART 11--LEGAL PROCEEDINGS
368 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
369 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
370 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 217
371 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 217
372 Allegations of false or misleading information or documents . . . . . . . . . . . 218
373 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
PART 12--GENERAL
Division 1--Codes of Practice
374 Board may develop code of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
375 Inspection of code etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
376 Use of code of practice in disciplinary proceedings . . . . . . . . . . . . . . . . . . . 219
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Division 2--Investigations and certain disciplinary proceedings and
disciplinary action
377 Certain investigations not to be conducted or continued . . . . . . . . . . . . . . . 219
378 Certain disciplinary proceedings not to be conducted or continued . . . . . . 220
379 Undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
380 Registrant must comply with conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
381 Effect of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
Division 3--Giving information and notices
382 Board member or executive officer may give chief executive
certain information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
383 Board to give notice to commissioner at end of dealing with complaint . . 222
384 Board may notify other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
385 Court or coroner may notify board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
Division 4--Protections
386 Protection of members, legal representatives and witnesses etc. . . . . . . . . 224
387 Protection for person making complaint or otherwise giving information . . 224
388 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
389 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
390 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Division 5--False or misleading information and confidentiality
391 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
392 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
393 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 228
Division 6--Miscellaneous
394 Board etc. may give combined notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
395 Notices if complainant has not revealed identity . . . . . . . . . . . . . . . . . . . . . 229
396 Board meetings by distance or flying minute . . . . . . . . . . . . . . . . . . . . . . . . 230
397 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
398 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
PART 13--TRANSITIONAL PROVISIONS
399 Definitions for pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
400 Existing complaints and disciplinary proceedings . . . . . . . . . . . . . . . . . . . . 231
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401 Complaints or other information known to boards after
commencement day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
402 Things to establish pattern of conduct or practice . . . . . . . . . . . . . . . . . . . . 232
403 Saving of existing orders made by boards or Medical Assessment
Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
404 Records of Medical Assessment Tribunal transferred to Health
Practitioners Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
PART 14--CONSEQUENTIAL AND OTHER AMENDMENTS
Division 1--Amendment of Chiropractors and Osteopaths Act 1979
405 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
406 Amendment of s 19 (Conditional registration) . . . . . . . . . . . . . . . . . . . . . . . 234
407 Amendment of s 19A (Board may impose conditions) . . . . . . . . . . . . . . . . . 234
408 Amendment of s 21 (Provisional registration) . . . . . . . . . . . . . . . . . . . . . . . . 234
409 Amendment of s 24 (Removal of name from register) . . . . . . . . . . . . . . . . . 234
410 Omission of s 25 (Disciplinary action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
411 Amendment of s 25A (Obligation on members of associations of
persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
412 Amendment of s 27 (Notification of board's determinations) . . . . . . . . . . . 235
413 Amendment of s 28 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
414 Omission of s 31 (Rules of practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
Division 2--Amendment of Dental Act 1971
415 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
416 Amendment of s 25 (Production of documents etc.) . . . . . . . . . . . . . . . . . . . 236
417 Omission of s 26 (Disciplinary action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
418 Omission of s 26A (Discreditable conduct by associations of persons) . . . 236
419 Omission of s 26K (Effect of suspension) . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
420 Amendment of s 26L (Restoration of name to register) . . . . . . . . . . . . . . . . 237
421 Replacement of s 28 (Notification of board's determinations) . . . . . . . . . . 237
28 Notice of board's refusal of application for registration . . . . . . . . . . 237
422 Amendment of s 29 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Division 3--Amendment of Dental Technicians and Dental
Prosthetists Act 1991
423 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
424 Replacement of pt 5 hdg (Inquiry and appeal procedures) . . . . . . . . . . . . . 238
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425 Replacement of ss 37-52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
37 Board to give notice of refusal of application . . . . . . . . . . . . . . . . . . 238
426 Amendment of s 53 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
427 Amendment of s 54 (Fraudulent actions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
Division 4--Amendment of Health Act 1937
428 Act amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
429 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
430 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
18A Chief executive to give notice of proceedings to boards . . . . . . . . . 240
Division 5--Amendment of Health Rights Commission Act 1991
431 Act amended in div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
432 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
433 Insertion of new pt 5, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
434 Amendment of s 58 (Health service complaint) . . . . . . . . . . . . . . . . . . . . . . 242
435 Insertion of new s 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
58A Commissioner may deal with complaint as 2 or more
complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
436 Insertion of new s 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
59A Complaints about persons who are no longer registered providers . 245
437 Amendment of s 60 (Representative complaints) . . . . . . . . . . . . . . . . . . . . . 246
438 Replacement of ss 66-68A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
Division 2--Assessment of health service complaints
66 Commissioner to immediately assess all health service
complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
67 Commissioner may refer complaint to registration board
without assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
68 Notices of decision to assess complaint . . . . . . . . . . . . . . . . . . . . . . 247
68A Submissions about health service complaint . . . . . . . . . . . . . . . . . . . 248
439 Amendment of s 69 (Assessment of complaint) . . . . . . . . . . . . . . . . . . . . . . 249
440 Amendment of s 70 (Notice of assessment decision) . . . . . . . . . . . . . . . . . . 250
441 Replacement of s 71 (Action on acceptance of complaint) . . . . . . . . . . . . 250
71 Action on acceptance of complaint about provider other
than registered provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
71A Action on acceptance of complaint about registered provider . . . . . 251
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Health Practitioners (Professional Standards)
71B Conciliation of complaints referred under s 71A . . . . . . . . . . . . . . . . 253
442 Amendment of s 72 (Time limit on assessment) . . . . . . . . . . . . . . . . . . . . . 254
443 Insertion of new s 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
72A Duty to immediately refer certain complaints to
registration board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
444 Amendment of s 73 (Information and local resolution) . . . . . . . . . . . . . . . . 256
445 Amendment of s 74 (Decisions not to take action) . . . . . . . . . . . . . . . . . . . 256
446 Insertion of new pt 5, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Division 3--General
74A General powers to gather information and facilitate
resolution of complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
447 Amendment of s 82 (Action on report of unsuccessful conciliation) . . . . . 257
448 Amendment of s 84 (Commissioner may end conciliation) . . . . . . . . . . . . . 258
449 Amendment of s 85 (Conciliation privileged) . . . . . . . . . . . . . . . . . . . . . . . . 258
450 Amendment of s 89 (Notice to provide information or a record) . . . . . . . . . 259
451 Replacement of s 94 (Reference to another authority for investigation) . . 259
94 Reference to another entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
452 Amendment of s 95 (Investigation by other authority) . . . . . . . . . . . . . . . . . 260
453 Amendment of s 119 (To whom reports may be given) . . . . . . . . . . . . . . . . 260
454 Omission of ss 121-123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
455 Replacement of ss 125-129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
125 Registration board may ask commissioner for information . . . . . . . 261
456 Amendment of s 130 (Commissioner may intervene in
disciplinary proceedings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
457 Insertion of new ss 133A and 133B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
133A Commissioner may give combined notice . . . . . . . . . . . . . . . . . . . . . 262
133B Commissioner may provide information . . . . . . . . . . . . . . . . . . . . . . 262
458 Amendment of s 138 (Preservation of confidentiality) . . . . . . . . . . . . . . . . . 262
459 Amendment of s 144 (Transitional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
460 Insertion of new ss 145 and 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
145 Transitional for Health Practitioners (Professional
Standards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
146 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 263
461 Amendment of sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
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Health Practitioners (Professional Standards)
462 Amendment of sch 2 (Declared registration boards) . . . . . . . . . . . . . . . . . . 264
Division 6--Amendment of Health Services Act 1991
463 Act amended in div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
464 Amendment of s 63 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
Division 7--Amendment of Medical Act 1939
465 Act amended in div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
466 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
467 Omission of s 4B (Meaning of "impairment") . . . . . . . . . . . . . . . . . . . . . . . 266
468 Omission of pt 2 (Central authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
469 Amendment of s 12 (Power of board to examine on oath) . . . . . . . . . . . . . . 266
470 Amendment of s 13 (Board a commission of inquiry) . . . . . . . . . . . . . . . . . 266
471 Amendment of s 13C (Allowances to witness) . . . . . . . . . . . . . . . . . . . . . . . 266
472 Amendment of s 16 (Power to make by-laws) . . . . . . . . . . . . . . . . . . . . . . . 266
473 Omission of s 17F (Conditions may be imposed in cases of
impairment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
474 Amendment of s 19D (Registration may be refused if applicant
deregistered on disciplinary grounds in another jurisdiction) . . . . . . . . . . . . 267
475 Omission of pt 4, div 4 (Suspension of registration for protection
of public) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
476 Amendment of s 21 (Right of appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
477 Amendment of s 21B (Appeal from inquiry decision to be by way
of rehearing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
478 Omission of pt 4, div 6 (Notification to medical registration
authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
479 Replacement of pt 4A, div 3 hdg (Inquiries) . . . . . . . . . . . . . . . . . . . . . . . . . 268
480 Amendment of s 25 (Board may hold inquiry into eligibility) . . . . . . . . . . . 268
481 Omission of pt 4B, div 1 hdg (General powers to remove from or
alter the register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
482 Amendment of s 30C (Removal or amendment under disciplinary
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
483 Omission of ss 30D-30L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
484 Amendment of s 30M (Appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
485 Omission of pt 4B, divs 2-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
486 Omission of pt 5 (The Medical Assessment Tribunal) . . . . . . . . . . . . . . . . . 269
487 Insertion of new ss 52A-52C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
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52A Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . 270
52B Duty to notify police officer of crimes etc. . . . . . . . . . . . . . . . . . . . . 270
52C Payment for referrals prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
488 Amendment of s 58 (Cancellation and suspension of certificates
of approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
489 Omission of pt 9A (Suspension pending prosecution) . . . . . . . . . . . . . . . . . 271
490 Amendment of s 67 (Safeguarding of abandoned medical records) . . . . . . 271
491 Amendment of s 76A (Person not to be dealt with twice) . . . . . . . . . . . . . . 271
492 Amendment of s 79 (Saving of other rights and remedies against
medical practitioners etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
493 Amendment of s 86 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
Division 8--Amendment of Nursing Act 1992
494 Act amended in div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
495 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
496 Replacement of s 102 (Complaints concerning conduct) . . . . . . . . . . . . . . 272
102 Complaints concerning conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
102A Action by council on receipt of complaint about conduct . . . . . . . . 273
102B Referral of complaint to commissioner . . . . . . . . . . . . . . . . . . . . . . . 273
102C Investigation to be undertaken by council . . . . . . . . . . . . . . . . . . . . . 274
102D Action may be taken in relation to former nurses etc. . . . . . . . . . . . 274
497 Amendment of s 103 (Investigation by council) . . . . . . . . . . . . . . . . . . . . . . 274
498 Insertion of new ss 103A-103B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
103A Council to keep commissioner informed about investigation . . . . . 275
103B Council may refer complaint to appropriate entity . . . . . . . . . . . . . . 276
499 Amendment of s 104 (Referral of charge to Professional Conduct
Committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
500 Amendment of s 118 (Notification of committee's orders and reasons) . . . 276
501 Insertion of new pt 5, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
Division 4A--Council to give notice to commissioner
118A Council to give notice to commissioner at end of dealing
with matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
502 Insertion of new s 142A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
142A Council may give combined notice . . . . . . . . . . . . . . . . . . . . . . . . . . 277
503 Insertion of new pt 9, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
23
Health Practitioners (Professional Standards)
Division 3--Provisions for the Health Practitioners (Professional
Standards) Act 1999
153 Transitional for Health Practitioners (Professional
Standards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
Division 9--Amendment of Occupational Therapists Act 1979
504 Act amended in div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
505 Amendment of s 24 (Removal of name from register) . . . . . . . . . . . . . . . . . 278
506 Omission of s 25 (Disciplinary action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
507 Replacement of s 27 (Notification of board's determinations) . . . . . . . . . . 278
27 Board to give notice of refusal of application . . . . . . . . . . . . . . . . . . 278
508 Amendment of s 28 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
509 Omission of s 30 (Rules of practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
Division 10--Amendment of Optometrists Act 1974
510 Act amended in div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
511 Omission of s 24 (Disciplinary action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
512 Amendment of s 26 (Notification of board's determination) . . . . . . . . . . . . 279
513 Amendment of s 27 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
514 Amendment of s 31 (Limitation on use by optometrist of
unregistered person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
Division 11--Amendment of Pharmacy Act 1976
515 Act amended in div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
516 Amendment of s 23 (Removal of name from register) . . . . . . . . . . . . . . . . . 280
517 Omission of ss 25-27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
518 Amendment of s 28 (Notification of board's determination) . . . . . . . . . . . . 280
519 Amendment of s 29 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
520 Amendment of s 40 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
Division 12--Amendment of Physiotherapists Act 1964
521 Act amended in div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
522 Amendment of s 20 (Removal of name from register) . . . . . . . . . . . . . . . . . 281
523 Omission of s 21 (Disciplinary action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
524 Replacement of s 23 (Notification of determination by board . . . . . . . . . . . 281
23 Board to give notice of refusal of application . . . . . . . . . . . . . . . . . . 281
525 Amendment of s 24 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
24
Health Practitioners (Professional Standards)
526 Amendment of s 31 (Regulation making power) . . . . . . . . . . . . . . . . . . . . . 282
Division 13--Amendment of Podiatrists Act 1969
527 Act amended in div 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
528 Omission of s 22 (Disciplinary action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
529 Replacement of s 24 (Notification of board's determinations) . . . . . . . . . . 282
24 Board to give notice of refusal of application . . . . . . . . . . . . . . . . . . 282
530 Amendment of s 25 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
Division 14--Amendment of Police Powers and Responsibilities Act
1997
531 Act amended in div 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
532 Insertion of new pt 16, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
Division 3--Transitional provision for Health Practitioners
(Professional Standards) Act 1999
140 Transitional provision about Health Practitioners
(Professional Standards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
Division 15--Amendment of Psychologists Act 1977
533 Act amended in div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
534 Amendment of s 23 (Removal of name from register) . . . . . . . . . . . . . . . . . 284
535 Omission of s 24 (Disciplinary action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
536 Replacement of s 26 (Notification of board's determinations) . . . . . . . . . . 284
26 Board to give notice of refusal of application . . . . . . . . . . . . . . . . . . 284
537 Amendment of s 27 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
538 Omission of s 30 (Rules of practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
Division 16--Amendment of Speech Pathologists Act 1979
539 Act amended in div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
540 Amendment of s 24 (Removal of name from register) . . . . . . . . . . . . . . . . . 285
541 Omission of s 25 (Disciplinary action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
542 Replacement of s 27 (Notification of board's determinations) . . . . . . . . . . 285
27 Board to give notice of refusal of application . . . . . . . . . . . . . . . . . . 285
543 Amendment of s 28 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
544 Omission of s 30 (Rules of practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 287
DICTIONARY
1999
A BILL
FOR
An Act to establish arrangements for the disciplining of registrants
and the management of impaired registrants, and for other
purposes
s1 26 s5
Health Practitioners (Professional Standards)
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Health Practitioners (Professional 5
Standards) Act 1999. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation. 8
9
Dictionary
3. The dictionary in the schedule defines particular words used in this 10
Act. 11
legislative scheme 12
The
4. This Act is part of a legislative scheme consisting of this Act, the 13
health practitioner registration Acts, 1 the Health Practitioner Registration 14
Boards (Administration) Act 1999 and the Medical Act and Other Acts 15
(Administration) Act 1966. 16
with Health Rights Commission Act 17
Relationship
5. This Act must be read in conjunction with the Health Rights 18
Commission Act 1991. 19
1 For the definition "health practitioner registration Act"--see the schedule
(Dictionary).
s6 27 s7
Health Practitioners (Professional Standards)
Division 2--Objects 1
of Act 2
Objects
6. The objects of this Act are-- 3
(a) to protect the public by ensuring health care is delivered by 4
registrants in a professional, safe and competent way; and 5
(b) to uphold the standards of practice within the health professions; 6
and 7
(c) to maintain public confidence in the health professions; and 8
(d) to provide a uniform system to deal with complaints, 9
investigations and disciplinary proceedings relating to registrants, 10
and the management of impaired registrants; and 11
(e) to provide a system to deal with complaints about registrants that 12
is complementary to the Health Rights Commission Act 1991. 13
objects are to be primarily achieved 14
How
7. The objects are to be primarily achieved by-- 15
(a) enabling complaints to be made to boards about registrants; and 16
(b) enabling boards to immediately suspend, or impose conditions 17
on, registrants under certain circumstances; and 18
(c) providing for investigations about the conduct and practice of 19
registrants; and 20
(d) establishing disciplinary bodies to decide on disciplinary matters 21
about registrants; and 22
(e) establishing processes for the management of impaired 23
registrants; and 24
(f) providing for the dissemination of information about disciplinary 25
proceedings to registrants and the public. 26
s8 28 s9
Health Practitioners (Professional Standards)
Division 3--Operation of Act 1
binds all persons 2
Act
8.(1) This Act binds all persons, including the State. 3
(2) Nothing in this Act makes the State liable to be prosecuted for an 4
offence. 5
Division 4--Application of Act to former registrants 6
of Act to persons who are no longer registered 7
Application
9.(1) This section applies if a person was a registrant but is no longer 8
registered. 9
(2) This Act, other than the following parts, applies to the person while 10
the person was a registrant as if the person were still a registrant-- 11
(a) the immediate suspension part; 12
(b) the impairment part; 13
(c) the foreign law part. 14
(3) Without limiting subsection (2)-- 15
(a) an entity may complain about a person to the board with which 16
the person was registered about any aspect of the person's 17
conduct or practice, or another matter relating to the person,while 18
the person was a registrant as if the person were still a registrant; 19
and 20
(b) a board may investigate any aspect of a person's conduct or 21
practice, or another matter relating to the person as if the person 22
were still a registrant; and 23
(c) a disciplinary body may conduct disciplinary proceedings about 24
any aspect of a person's conduct or practice, or another matter 25
relating to the person, as if the person were still a registrant. 26
(4) For subsection (2), this Act applies, with any necessary changes, to a 27
person mentioned in subsection (1) as if a reference to a registrant included 28
the person. 29
s 10 29 s 11
Health Practitioners (Professional Standards)
ART 2--ADMINISTRATION 1
P
Division 1--Preliminary 2
urposes of pt 2 3
P
10. The purposes of this part include-- 4
(a) to state the boards' functions under this Act; and 5
(b) to state the functions of professional conduct review panels and 6
provide a mechanism for establishing the panels; and 7
(c) to establish, and state the functions of, the Health Practitioners 8
Tribunal; and 9
(d) to provide for panels of assessors; and 10
(e) to provide for the appointment of-- 11
(i) the secretary of the professional conduct review panels; and 12
(ii) the registrar of the Health Practitioners Tribunal. 13
Division 2--Boards 14
functions under this Act 15
Boards'
11. A board's functions under this Act are the following-- 16
(a) to receive complaints about its registrants and, if appropriate, refer 17
the complaints to the commissioner; 18
(b) to consult and cooperate with the commissioner in investigating 19
and disciplining its registrants and in relation to complaints about 20
impaired registrants; 21
(c) to immediately suspend, or impose conditions on, the registration 22
of its registrants if the registrants pose an imminent threat to the 23
wellbeing of vulnerable persons; 24
(d) to conduct investigations, whether because of complaints or on its 25
own initiative, about the conduct and practice of its registrants; 26
s 12 30 s 12
Health Practitioners (Professional Standards)
(e) to deal with disciplinary matters relating to its registrants that can 1
be satisfactorily addressed through advising, cautioning and 2
reprimanding; 3
(f) to bring disciplinary proceedings relating to its registrants before 4
panels or the tribunal; 5
(g) to implement orders of panels or the tribunal relating to the 6
board's registrants; 7
(h) to establish health assessment committees to assess the health of 8
registrants who may be impaired and make decisions about 9
impaired registrants; 10
(i) to monitor its registrants' compliance with conditions imposed or 11
other disciplinary action taken, or undertakings entered into, under 12
this Act; 13
(j) to cancel or suspend, or impose conditions on, its registrants' 14
registration as a result of action taken under a foreign law; 15
(k) to consult and cooperate with other boards, foreign regulatory 16
authorities and other relevant entities about the investigation and 17
disciplining of its registrants and the management of its 18
registrants who are impaired; 19
(l) to exercise other functions given to the board under this Act. 20
of certain powers 21
Delegation
12.(1) A board may delegate its powers under this Act, other than its 22
power-- 23
(a) to conduct disciplinary proceedings; or 24
(b) to make a decision at the end of disciplinary proceedings to 25
advise, caution or reprimand a registrant; or 26
(c) to make a decision to cancel or suspend, or impose conditions on, 27
a registrant's registration or enter into an undertaking with a 28
registrant; or 29
(d) to order a registrant to attend for a further health assessment; or 30
(e) to make a decision to end a suspension or remove or change 31
conditions; or 32
s 13 31 s 13
Health Practitioners (Professional Standards)
(f) to make a decision to reinstate a registrant's registration. 1
(2) The board may delegate its powers to-- 2
(a) a member of the board; or 3
(b) the executive officer; or 4
(c) with the agreement of the executive officer--an appropriately 5
qualified member of the office's staff. 6
(3) In subsection (2)(c)-- 7
"appropriately qualified", for a member of the office's staff, includes 8
having the qualifications, experience or standing appropriate to exercise 9
the power. 10
11
Example of `standing'--
12
The staff member's classification level in the office.
power to give directions 13
Minister's
13.(1) The Minister may give a board a written direction about a matter 14
relevant to the board's functions under this Act if the Minister is satisfied it 15
is necessary to give the direction in the public interest. 16
(2) Without limiting subsection (1), a direction may be-- 17
(a) that a registrant's board conduct an investigation of the registrant; 18
or 19
(b) to give reports and information to the Minister. 20
(3) However, a direction can not be about the following-- 21
(a) a decision by the board at the end of disciplinary proceedings to 22
advise, caution or reprimand a registrant; 23
(b) a decision by the board to cancel or suspend, or impose 24
conditions on, a registrant's registration or enter into an 25
undertaking with a registrant; 26
(c) a decision by the board to order a registrant to attend for further 27
health assessments; 28
(d) a decision by the board to end a suspension or remove or change 29
conditions; 30
s 14 32 s 16
Health Practitioners (Professional Standards)
(e) a decision by the board to reinstate a registrant's registration. 1
(4) The board must comply with the direction. 2
(5) The board's annual report for a financial year, under the Financial 3
Administration and Audit Act 1977, must include copies of all directions 4
given to it in the financial year. 5
(6) However, the board must exclude from the copies all information 6
likely to identify a complainant or registrant to which the direction relates. 7
Division 3--Professional conduct review panels 8
1--Functions and establishment of panels 9
Subdivision
of panel 10
Functions
14. The functions of a professional conduct review panel include 11
conducting a hearing, and making decisions, relating to disciplinary matters 12
about a registrant, other than disciplinary matters that may, if proven, 13
provide a ground for suspending or cancelling the registrant's registration. 14
to establish panel 15
Secretary
15.(1) If a board refers a disciplinary matter about a registrant under 16
section 126 for hearing by a panel,2 the secretary must, by written notice to 17
the members of the panel, establish a professional conduct review panel to 18
hear the disciplinary matter. 19
(2) The secretary must establish the panel as soon as practicable after the 20
referral. 21
panel ceases to exist 22
When
16. The panel ceases to exist when it has performed the functions, or is 23
no longer able to perform the functions, for which it was established. 24
2 Section 126 (How disciplinary proceedings may be started)
s 17 33 s 18
Health Practitioners (Professional Standards)
Subdivision 2--Membership of panels 1
of panel 2
Membership
17.(1) The panel must consist of at least 3, and not more than 3
4, members. 4
(2) The secretary must choose the following to be members of the 5
panel-- 6
(a) 2 persons who are members of the professional panel of 7
assessors for the registrant's profession; 8
(b) 1 person who is a member of the public panel of assessors; 9
(c) if under section 20(1), the registrant's board nominates a board 10
member who is not also a member of the registrant's profession 11
to be a member of the panel--that board member; 12
(d) if paragraph (c) does not apply and the secretary considers it 13
necessary, having regard to the nature of the disciplinary matter, 14
for the panel to consist of 4 members, another person who is-- 15
(i) a member of the public panel of assessors; or 16
(ii) a member of the professional panel of assessors for the 17
registrant's profession. 18
(3) If, under section 20(1), the registrant's board nominates a board 19
member who is also a member of the registrant's profession to be a 20
member of the panel, the secretary must choose the board member as a 21
member of the panel either instead of a person mentioned in 22
subsection (2)(a) or instead of the person mentioned in subsection (2)(d). 23
on membership of panel 24
Restrictions
18.(1) If the registrant is registered in more than 1 profession, the 25
members of the panel mentioned in section 17(2)(a) or (d)(ii) must be 26
chosen from the panel of assessors for the profession to which the 27
disciplinary proceedings relate. 28
(2) If the disciplinary matter to be heard by the panel relates to a 29
complaint by an individual, the panel must include at least 1 member who is 30
the same gender as the complainant. 31
s 19 34 s 20
Health Practitioners (Professional Standards)
(3) Subsection (2) does not apply if the complaint is a complaint accepted 1
by a board under section 50(2).3 2
(4) Before choosing a person under section 17, other than a board 3
member, the secretary must be satisfied the person does not have a personal 4
or professional connection with the registrant that may prejudice the way in 5
which the person performs the person's functions as a member of the panel. 6
must advise secretary of specialist and technical issues 7
Board
19.(1) The board that refers a disciplinary matter for hearing by a panel 8
must, at the time of the referral-- 9
(a) advise the secretary whether the matter is likely to raise issues of a 10
specialist or technical nature; and 11
(b) if the matter is likely to raise issues of a specialist or technical 12
nature, advise the secretary of the desirable professional 13
background or skills of the members of the panel to be chosen 14
under section 17(2)(a). 15
(2) The secretary must have regard to the board's advice under 16
subsection (1) when choosing the members of the panel. 17
may nominate member 18
Board
20.(1) The board may, when it refers a disciplinary matter for hearing by 19
a panel, nominate 1 of its members, other than a member who was involved 20
in an investigation of the disciplinary matter, to be a member of the panel. 21
(2) Before nominating a person under subsection (1), the board must be 22
satisfied the person does not have a personal or professional connection 23
with the registrant that may prejudice the way in which the person performs 24
the person's functions as a member of the panel. 25
(3) For subsection (1), a board member was involved in the investigation 26
of a disciplinary matter if the board member-- 27
(a) was an investigator or a member of an investigation committee 28
3 Section 50 (Entity making complaint to reveal identity)
Under section 50(2) a board may accept a complaint even though the
complainant does not provide details or information under subsection (1).
s 21 35 s 23
Health Practitioners (Professional Standards)
for the matter; or 1
(b) was directly involved in preparing a report about the investigation; 2
or 3
(c) participated in deliberations or decisions about the matter during 4
or after the investigation, including, for example, the decision to 5
refer the matter under section 1264 for hearing by a panel. 6
7
Chairperson
21. The secretary must appoint a person chosen as a member of a panel 8
who is a member of the professional panel of assessors as chairperson of 9
the panel. 10
of members 11
Payment
22. A member of a panel is entitled to be paid the remuneration and 12
allowances decided by the Governor in Council. 13
3--Secretary of professional conduct review panels 14
Subdivision
of secretary 15
Appointment
23.(1) The Governor in Council may appoint a public service employee 16
as the secretary of professional conduct review panels. 17
(2) A person is not qualified for appointment as the secretary if the 18
person is-- 19
(a) a member of a board; or 20
(b) a member of a panel of assessors; or 21
(c) a member of the staff of the office. 22
4 Section 126 (How disciplinary proceedings may be started)
s 24 36 s 25
Health Practitioners (Professional Standards)
of appointment 1
Conditions
24.(1) The secretary holds office on the conditions stated in the 2
instrument of appointment. 3
(2) The secretary ceases holding office-- 4
(a) if the appointment provides for a term of appointment--at the end 5
of the term; or 6
(b) if the secretary ceases to be a public service employee; or 7
(c) if the conditions in the instrument of appointment provide--on 8
ceasing to hold another office (the "main office") stated in the 9
instrument of appointment. 10
(3) The secretary may resign by signed notice of resignation given to the 11
Minister. 12
(4) However, the secretary may not resign from the office of secretary 13
(the "secondary office") if a term of the secretary's employment to the 14
main office requires the secretary to hold the secondary office. 15
of secretary 16
Functions
25. The secretary's functions under this Act are the following-- 17
(a) to establish panels to hear disciplinary matters referred by boards; 18
(b) to provide support and advice to the panels about the panels' 19
functions;5 20
(c) to advise the panel about procedural matters relevant to the 21
hearing; 22
(d) to give notices under this Act; 23
(e) to arrange payment of remuneration and allowances to members 24
of panels and assessors; 25
(f) to keep records of the panels' decisions and the reasons for the 26
decisions; 27
(g) to give the executive officer copies of records kept under 28
5 See section 14 for the panels' functions.
s 26 37 s 29
Health Practitioners (Professional Standards)
section 263;6 1
(h) to perform other functions given to the secretary under this Act, 2
including the secretary's functions as an inspector under this Act. 3
4--Health Practitioners Tribunal 4
Division
1--Establishment and membership of tribunal 5
Subdivision
of tribunal 6
Establishment
26. The Health Practitioners Tribunal is established. 7
and constitution of tribunal 8
Members
27.(1) The members of the tribunal are the District Court judges. 9
(2) The tribunal is constituted by any 1 of its members. 10
may sit in more than 1 place 11
Tribunal
28. The tribunal, as constituted by any 1 of its members, may sit in more 12
than 1 place at the same time. 13
14
Chairperson
29. The chairperson of the tribunal is the Chief Judge of District Courts 15
appointed under the District Court Act 1967, section 10.7 16
6 Section 263 (Records to be kept and made publicly available)
7 District Court Act 1967, section 10 (Chief Judge)
s 30 38 s 31
Health Practitioners (Professional Standards)
Subdivision 2--Functions of tribunal 1
unctions 2
F
30.(1) The primary function of the tribunal is to conduct hearings, and 3
make decisions, relating to disciplinary matters about registrants. 4
(2) Without limiting subsection (1), the tribunal's functions include the 5
following-- 6
(a) to hear disciplinary matters about registrants referred by boards 7
under section 126 for hearing by the tribunal, including matters 8
that boards reasonably believe may provide a ground for 9
suspending or cancelling registrants' registration; 10
(b) to hear appeals from decisions by boards under the immediate 11
suspension part to suspend, or impose conditions on, registrants' 12
registration; 13
(c) to hear appeals from decisions of panels under the disciplinary 14
proceedings part or the review and appeal part; 15
(d) to review certain decisions made by the tribunal; 16
(e) to hear appeals from decisions by boards under the impairment 17
part or the foreign law part; 18
(f) to perform other functions given to the tribunal under this or 19
another Act. 20
Subdivision 3--Assessors 21
to assist tribunal 22
Assessors
31.(1) In conducting a hearing relating to a registrant under this Act, the 23
tribunal must be assisted by-- 24
(a) 1 assessor chosen by the registrar from the public panel of 25
assessors; and 26
(b) 2 assessors chosen by the registrar from the professional panel of 27
assessors for the registrant's profession. 28
(2) Despite subsection (1), the tribunal may conduct a hearing under this 29
s 32 39 s 33
Health Practitioners (Professional Standards)
Act without the assistance of assessors if the tribunal is satisfied it is 1
necessary because of the urgency of the matter. 2
on appointment of assessors 3
Restrictions
32.(1) If the registrant to whom disciplinary proceedings relate is 4
registered in more than 1 profession, the assessors mentioned in 5
section 31(1)(b) must be chosen from the panel of assessors for the 6
profession to which the disciplinary matter before the tribunal relates. 7
(2) A person is not eligible to be an assessor if the person was a member 8
of a panel that made a decision about the disciplinary matter being heard, 9
including, for example, a decision directing the board to refer the matter 10
under section 126 for hearing by the tribunal. 11
(3) If the disciplinary matter to be heard by the tribunal relates to a 12
complaint by an individual, either the constituting member or 1 of the 13
assessors must be the same gender as the complainant unless-- 14
(a) the constituting member is conducting the hearing under 15
section 31(2); or 16
(b) the complaint is a complaint accepted by a board under 17
section 50(2). 18
(4) Before choosing an assessor under section 31(1), the registrar must 19
be satisfied the assessor does not have a personal or professional connection 20
with the registrant to whom the disciplinary proceedings relate that may 21
prejudice the way in which the assessor performs the assessor's functions. 22
must advise registrar of specialist and technical issues 23
Board
33.(1) A board that refers a disciplinary matter under section 126 for 24
hearing by the tribunal must, at the time of the referral-- 25
(a) advise the registrar whether the matter is likely to raise issues of a 26
specialist or technical nature; and 27
(b) if the matter is likely to raise issues of a specialist or technical 28
nature, advise the registrar of the desirable professional 29
background or skills of the assessors to be chosen from the 30
professional panel of assessors. 31
s 34 40 s 37
Health Practitioners (Professional Standards)
(2) The registrar must have regard to the board's advice under 1
subsection (1) when choosing the assessors to assist the tribunal. 2
unctions and powers of assessors 3
F
34.(1) The function of an assessor is to advise the tribunal about 4
questions of fact arising during the hearing of a disciplinary matter. 5
(2) To enable an assessor to perform the assessor's function, the assessor 6
may, during the hearing-- 7
(a) ask questions of a witness before the tribunal; and 8
(b) discuss any question of fact with a lawyer or other person 9
appearing for a party at the hearing. 10
of assessors 11
Payment
35. An assessor is entitled to be paid the remuneration and allowances 12
decided by the Governor in Council. 13
4--Registrar of tribunal 14
Subdivision
15
Registrar
36. The registrar of the tribunal is the registrar of the District Court at 16
Brisbane. 17
of registrar 18
Functions
37. The registrar's functions under this Act are-- 19
(a) to provide assistance to the tribunal in carrying out its functions;8 20
and 21
(b) to give notices under this Act; and 22
(c) to choose assessors to assist the tribunal in conducting hearings; 23
and 24
8 See section 30 for the tribunal's functions.
s 38 41 s 39
Health Practitioners (Professional Standards)
(d) to keep records of the tribunal's decisions and the reasons for the 1
decisions;9 and 2
(e) to perform other functions given to the registrar under this Act. 3
of powers 4
Delegation
38.(1) The registrar may delegate the registrar's powers under this Act to 5
any registrar or deputy registrar of the District Court who is not a judicial 6
registrar of the court. 7
(2) For subsection (1), the registrar's powers include a power delegated 8
to the registrar by the tribunal under section 217(7).10 9
5--Panels of assessors 10
Division
of assessors 11
Panels
39. There is to be-- 12
(a) a public panel of assessors; and 13
(b) the following professional panels of assessors-- 14
(i) a chiropractors panel of assessors; 15
(ii) a dentists panel of assessors; 16
(iii) a dental technicians panel of assessors; 17
(iv) a dental prosthetists panel of assessors; 18
(v) a medical practitioners panel of assessors; 19
(vi) an occupational therapists panel of assessors; 20
(vii) an optometrists panel of assessors; 21
(viii)an osteopaths panel of assessors; 22
(ix) a pharmacists panel of assessors; 23
9 See section 263 (Records to be kept and made publicly available).
10 Section 217 (Directions conference)
s 40 42 s 40
Health Practitioners (Professional Standards)
(x) a physiotherapists panel of assessors; 1
(xi) a podiatrists panel of assessors; 2
(xii) a psychologists panel of assessors; 3
(xiii)a speech pathologists panel of assessors. 4
of individuals to panels of assessors 5
Appointment
40.(1) The Governor in Council may, by gazette notice, appoint 6
individuals as members of-- 7
(a) the public panel of assessors; and 8
(b) each of the professional panels of assessors. 9
(2) Each panel of assessors must consist of the number of members 10
decided by the Minister for the panel having regard to-- 11
(a) the likely demand for members to assist the tribunal and be 12
members of professional conduct review panels; and 13
(b) for a professional panel of assessors--the diversity of the 14
profession. 15
(3) An individual is qualified to be recommended by the Minister for 16
appointment as a member of the public panel of assessors only if the 17
Minister is satisfied the person has sufficient experience, knowledge, skills 18
and standing in the community having regard to the functions of assessors 19
and members of professional conduct review panels. 20
(4) An individual is qualified to be recommended by the Minister for 21
appointment as a member of a professional panel of assessors only if-- 22
(a) the individual is-- 23
(i) registered with the board for the profession for which the 24
panel is established; or 25
(ii) registered, licensed or otherwise authorised to practise the 26
profession in another State; and 27
(b) the Minister is satisfied the individual has sufficient experience, 28
knowledge, skills and standing in the profession having regard to 29
the functions of assessors and members of professional conduct 30
review panels. 31
s 41 43 s 42
Health Practitioners (Professional Standards)
from membership of panel of assessors 1
Disqualification
41. An individual must not be appointed as, or continue as, a member of 2
a panel of assessors if-- 3
(a) for the public panel of assessors-- 4
(i) the individual is a member of a board; or 5
(ii) the individual is, or has been, a registrant; or 6
(iii) the individual is, or has been, registered as a health 7
practitioner under the law of another State or a foreign 8
country that corresponds to a health practitioner registration 9
Act; or 10
(iv) the individual is, or has been, a health service provider; and 11
(b) for a professional panel of assessors-- 12
(i) the individual is a member of a board; or 13
(ii) the individual is a registrant-- 14
(A) whose registration is subject to conditions that limit the 15
registrant's right to practise the registrant's profession; 16
or 17
(B) who has entered into an undertaking with the 18
registrant's board or has given the tribunal an 19
undertaking. 20
for recommending members of panels of assessors 21
Procedure
42.(1) Before recommending individuals as members of the public panel 22
of assessors, the Minister must-- 23
(a) invite nominations from community groups and other entities that 24
the Minister considers have an interest in consumer health issues; 25
and 26
(b) by advertisement in a newspaper circulating generally throughout 27
the State, invite members of the public to nominate individuals 28
who are qualified as mentioned in section 40(3) and not 29
disqualified under section 41(a). 30
(2) Before recommending individuals as members of a professional 31
s 43 44 s 45
Health Practitioners (Professional Standards)
panel of assessors, the Minister must invite nominations from-- 1
(a) the board for the profession for which the panel is established; 2
and 3
(b) universities and training institutions that-- 4
(i) are established in Queensland; and 5
(ii) are engaged in the education of students for the profession 6
for which the panel is established; and 7
(c) professional colleges established in Australia that the Minister 8
considers are relevant to the profession for which the panel is 9
established; and 10
(d) professional associations that the Minister considers are 11
representative of the profession for which the panel is established; 12
and 13
(e) persons who are qualified as mentioned in section 40(4) and not 14
disqualified under section 41(b). 15
(3) The invitation in subsection (2)(e) must be made by advertisement in 16
a newspaper circulating generally throughout the State. 17
of appointment 18
Duration
43. A member of a panel of assessors may be appointed for a term not 19
longer than 5 years. 20
of appointment 21
Conditions
44. A member of a panel of assessors holds office on the conditions 22
provided in this Act and the other conditions decided by the Governor in 23
Council. 24
of office 25
Vacation
45.(1) A member of a panel of assessors vacates the member's office 26
if-- 27
(a) the member can not continue as a member under section 41; or 28
s 46 45 s 47
Health Practitioners (Professional Standards)
(b) the member resigns by signed notice of resignation given to the 1
Minister; or 2
(c) the Governor in Council, by written notice given to the member, 3
removes the member from the panel. 4
(2) The Governor in Council may remove a member from a panel if the 5
member is-- 6
(a) incapable of properly performing the functions of an assessor; or 7
(b) unfit to be a member of a panel. 8
9
Example of circumstances when member may be unfit to be a member of a panel--
10
A member of a professional panel of assessors may be considered to be unfit to
11
hold office as a member if disciplinary action is taken against the member under
12
this Act.
PART 3--COMPLAINTS 13
Division 1--Preliminary 14
urposes of pt 3 15
P
46. The purposes of this part include-- 16
(a) to provide for complaints to be made to boards about registrants 17
and persons who were registrants but are no longer registered; 18
and 19
(b) to state how complaints must be made; and 20
(c) to state how complaints must be dealt with under this Act. 21
Division 2--Making a complaint 22
may make complaint about registrant 23
Who
47. A complaint about a registrant may be made by any entity, including, 24
s 48 46 s 50
Health Practitioners (Professional Standards)
for example-- 1
(a) the user of a service provided by the registrant; or 2
(b) an entity acting on behalf of the user of a service provided by the 3
registrant; or 4
(c) another registrant; or 5
(d) the chief executive; or 6
(e) the Minister; or 7
(f) a foreign regulatory authority. 8
for complaint 9
Grounds
48.(1) An entity may complain about a registrant by complaining to the 10
registrant's board about any aspect of the registrant's conduct or practice, or 11
another matter relating to the registrant, that appears to provide a ground for 12
disciplinary action against the registrant. 13
(2) Also, a complaint may be made about a matter for which a complaint 14
could be made under the Health Rights Commission Act 1991, section 58.11 15
complaint is made 16
How
49. A complaint about a registrant to a board must be in writing and 17
contain particulars of the allegation on which it is founded.12 18
making complaint to reveal identity 19
Entity
50.(1) An entity making a complaint about a registrant must give the 20
registrant's board-- 21
(a) the entity's name and address; and 22
(b) any other information relating to the entity's identity that the board 23
reasonably requires. 24
11 Health Rights Commission Act 1991, section 58 (Health service complaint)
12 Section 63 allows a board to investigate a registrant other than on a written
complaint.
s 51 47 s 51
Health Practitioners (Professional Standards)
(2) However, the board may accept a complaint from a complainant who 1
does not comply with subsection (1) if the board reasonably believes it is in 2
the public interest to do so. 3
(3) If the board accepts a complaint under subsection (2), the board must 4
provide the registrant with written notice of its reasons for accepting the 5
complaint. 6
Division 3--How complaints are dealt with 7
1--Complaints by users of registrant's services or entity 8
Subdivision
acting on behalf of user 9
by board on receipt of complaint 10
Action
51.(1) This section applies if a registrant's board receives a complaint 11
about the registrant from a user of a service provided by the registrant or an 12
entity acting on behalf of the user. 13
(2) The board must refer it to the commissioner unless-- 14
(a) following consultation between the board and the commissioner, 15
the board and the commissioner agree it is in the public interest 16
for the board to do 1 of the following-- 17
(i) keep the complaint for investigation under the investigation 18
part; 19
(ii) keep the complaint and start disciplinary proceedings under 20
the disciplinary proceedings part; 21
(iii) keep the complaint and deal with it under the impairment 22
part; 23
(iv) keep the complaint and deal with it under the inspection part 24
or the health practitioner registration Act under which the 25
board is established and, if appropriate, start proceedings to 26
prosecute the registrant under this Act or the health 27
practitioner registration Act; 28
(v) refer the complaint to another entity that has the function or 29
power under an Act of the State, the Commonwealth or 30
s 51 48 s 51
Health Practitioners (Professional Standards)
another State to deal with the matter; or 1
(b) the board keeps the complaint under a standing arrangement 2
entered into between the board and the commissioner and deals 3
with it in a way mentioned in paragraph (a); or 4
(c) the board, under the immediate suspension part, suspends, or 5
imposes conditions on, the registrant's registration; or 6
(d) the complaint is about a matter that happened before 1 July 1991 7
and the complainant was aware of the matter before 1 July 8
1991.13 9
10
Example for subsection (2)(b)--
11
A board and the commissioner may have a standing arrangement that all
12
complaints about the board's registrants alleging sexual impropriety are to be kept
13
by the board for investigation under the investigation part.
(3) If the board keeps the complaint under subsection (2)(a)(ii), the board 14
must refer the disciplinary matter the subject of complaint under section 126 15
for hearing by the tribunal if the board and the commissioner reasonably 16
believe the complaint may provide a ground for suspending or cancelling 17
the registrant's registration. 18
(4) For subsection (2)(a)(iii), the board and the commissioner may agree 19
it is in the public interest for the board to keep the complaint and take action 20
under the impairment part only if the board and the commissioner 21
reasonably believe the complaint does not provide a ground for suspending 22
or cancelling the registrant's registration. 23
(5) If the board keeps a complaint and deals with it under 24
subsection (2)(a)(i), (ii), (iii) or (iv), the board may decide to also refer the 25
complaint to another entity under subsection (2)(a)(v). 26
(6) The consultation between the board and the commissioner may be in 27
the form agreed between the board and the commissioner. 28
(7) As soon as practicable after agreeing not to refer a complaint to the 29
13 The Health Rights Commission Act 1991, section 144 provides that the Act does
not authorise a complaint to be made to the commissioner about a health service
provided before the commencement of the section, if the complaint relates to a
matter arising more than 1 year before the commencement and the complainant
was aware of the matter of the complaint more than 1 year before the
commencement. Section 144 commenced on 1 July 1992.
s 52 49 s 53
Health Practitioners (Professional Standards)
commissioner under subsection (2), the board must give a copy of the 1
complaint to the commissioner. 2
(8) If the board keeps a complaint under subsection (2)(a) or (b) for 3
stated action, the board must take the stated action as soon as practicable. 4
(9) If the board is required to refer the complaint to the commissioner 5
under subsection (2), the board must do so immediately. 6
of complaint to commissioner 7
Referral
52.(1) This section applies if a board refers a complaint to the 8
commissioner under section 51. 9
(2) The complaint is taken to be a health service complaint made to the 10
commissioner under the Health Rights Commission Act 1991. 11
(3) The board must not take any further action on the complaint unless 12
the commissioner refers the complaint back to the board under the Health 13
Rights Commission Act 1991. 14
(4) The board may give the commissioner information, comments and 15
recommendations relating to the complaint and the registrant against whom 16
the complaint was made, including, for example, the registrant's name and 17
address. 18
2--Complaints made or referred to board by other entities 19
Subdivision
and complaints commissioner not authorised to receive 20
by board on receipt of complaint made or referred by another 21
Action
entity, or complaint commissioner not authorised to receive 22
53.(1) This section applies if-- 23
(a) a registrant's board receives a complaint about the registrant from 24
an entity, other than a user of a service provided by the registrant 25
or an entity acting on behalf of the user; or 26
(b) a complaint about a registrant is referred to the registrant's board 27
by the commissioner under the Health Rights Commission Act 28
s 53 50 s 53
Health Practitioners (Professional Standards)
1991, section 67, 71A or 72A;14 or 1
(c) a registrant's board receives a complaint about the registrant 2
and-- 3
(i) the complaint is about a matter that happened before 1 July 4
1991; and 5
(ii) the complainant was aware of the matter before 1 July 6
1991.15 7
(2) After considering the complaint, the board must decide to do 1 of the 8
following-- 9
(a) under the immediate suspension part, to suspend, or impose 10
conditions on, the registrant's registration; 11
(b) investigate the complaint under the investigation part; 12
(c) start disciplinary proceedings under the disciplinary proceedings 13
part; 14
(d) deal with it under the impairment part; 15
(e) deal with the complaint under the inspection part or the health 16
practitioner registration Act under which the board is established 17
and, if appropriate, start proceedings to prosecute the registrant 18
under this Act or the health practitioner registration Act; 19
(f) refer the complaint to another entity that has the function or power 20
under an Act of the State, the Commonwealth or another State to 21
deal with the matter; 22
(g) reject the complaint under section 54. 23
(3) If the board decides to act under subsection (2)(c), the board must 24
refer the disciplinary matter the subject of the complaint under section 126 25
for hearing by the tribunal if the board reasonably believes the complaint 26
may provide a ground for suspending or cancelling the registrant's 27
14 Health Rights Commission Act 1991, sections 67 (Commissioner may refer
complaint to registration board without assessment), 71A (Action on acceptance
of complaint about registered provider) and 72A (Duty to immediately refer
certain complaints to registration board)
15 See Health Rights Commission Act 1991, section 144 (Transitional for Health
Rights Commission Act 1991 (Act No. 88 of 1991)).
s 54 51 s 54
Health Practitioners (Professional Standards)
registration. 1
(4) Also, the board may deal with the complaint under the impairment 2
part only if the board reasonably believes the complaint does not provide a 3
ground for suspending or cancelling the registrant's registration. 4
(5) If the board takes action about a complaint under subsection (2)(a), 5
(b), (c), (d) or (e), the board may decide to also refer the complaint to 6
another entity under subsection (2)(f). 7
(6) As soon as practicable after receiving a complaint under this section, 8
other than a complaint referred to the board by the commissioner, the board 9
must give a copy of the complaint to the commissioner. 10
complaint may be rejected 11
When
54.(1) A board may decide to reject a complaint mentioned in section 53 12
if-- 13
(a) having regard to the amount of time that has elapsed since the 14
matter complained of happened, it is not practicable for the board 15
to investigate or otherwise deal with it under this Act; or 16
(b) the board reasonably believes the complaint is frivolous, 17
vexatious or trivial; or 18
(c) the subject matter of the complaint has already been dealt with 19
adequately by the board or another appropriate entity; or 20
(d) the complainant fails, without reasonable excuse, to-- 21
(i) disclose the complainant's name and address under 22
section 50(1)(a); or 23
(ii) provide further information about the complaint within the 24
time stated in a notice given by the board under 25
section 56(1); or 26
(iii) verify the complaint or further information by statutory 27
declaration when required to do so by the board under 28
section 56(2); or 29
(e) the person to whom the complaint relates was, but is not at the 30
time the complaint is received by the board, a registrant. 31
(2) However, the board must not decide to reject a complaint about a 32
s 55 52 s 55
Health Practitioners (Professional Standards)
registrant under subsection (1)(a) if the board reasonably believes the 1
complaint may provide a ground for suspending or cancelling the 2
registrant's registration. 3
(3) A decision by the board to reject a complaint about a registrant does 4
not prevent a disciplinary body taking the complaint into consideration at a 5
later time as part of a pattern of conduct or practice by the registrant that 6
may result in disciplinary action.16 7
to be given if complaint rejected 8
Notice
55.(1) If a board decides to reject a complaint under section 54, the board 9
must, within 14 days of making its decision, give written notice of its 10
decision-- 11
(a) to the complainant; and 12
(b) to the registrant; and 13
(c) the commissioner. 14
(2) The notice must-- 15
(a) for the registrant's notice--state the nature of the complaint; and 16
(b) state the reasons for the board's decision. 17
(3) However, the board need not give the registrant the notice if the board 18
reasonably believes doing so may-- 19
(a) place at risk the wellbeing of vulnerable persons; or 20
(b) place the complainant or another person at risk of harassment or 21
intimidation. 22
16 See section 125(2)(b) which provides that a board may start disciplinary
proceedings against a registrant on the basis of a number of complaints,
including, for example, a number of complaints that suggest a pattern of conduct
or practice.
s 56 53 s 57
Health Practitioners (Professional Standards)
Subdivision 3--Other matters about complaints 1
may require further information or statutory declaration 2
Board
56.(1) A board may, by written notice, ask a complainant to give it more 3
information about the complaint within the reasonable time stated in the 4
notice. 5
(2) Also, a board may require a complainant to verify the complaint or 6
further information given to it by the complainant, by statutory declaration. 7
(3) This section does not apply to a complaint that the board must under 8
section 51, refer to the commissioner, unless the complaint is referred back 9
to the board by the commissioner. 10
of complaint 11
Withdrawal
57.(1) This section applies if a complainant withdraws a complaint about 12
a registrant-- 13
(a) made to the registrant's board; or 14
(b) referred to the registrant's board by the commissioner. 15
(2) The board need not take any further action about the complaint. 16
(3) However, the withdrawal does not prevent the board-- 17
(a) investigating or continuing to investigate, the matter of the 18
complaint; or 19
(b) starting or continuing disciplinary proceedings relating to the 20
matter of the complaint; or 21
(c) dealing, or continuing to deal with, the matter of the complaint 22
under the impairment part. 23
(4) In deciding whether to act as mentioned in subsection (2), the board 24
must have regard to the objects of this Act and the grounds for disciplinary 25
action. 26
s 58 54 s 59
Health Practitioners (Professional Standards)
ART 4--IMMEDIATE SUSPENSION OF 1
P
REGISTRANTS OR IMPOSITION OF CONDITIONS 2
ON THEIR REGISTRATION 3
of pt 4 4
Purpose
58. The purpose of this part is to give boards the power to effectively 5
respond to imminent threats posed by registrants to the wellbeing of 6
vulnerable persons. 7
suspension or imposition of conditions on registration 8
Immediate
59.(1) This section applies if a registrant's board reasonably believes at 9
any time, whether on the basis of a complaint or otherwise, that-- 10
(a) the registrant poses an imminent threat to the wellbeing of 11
vulnerable persons; and 12
(b) immediate action to suspend, or impose conditions on, the 13
registrant's registration is necessary to protect the vulnerable 14
persons. 15
(2) The board may decide to suspend, or impose conditions on, the 16
registrant's registration. 17
(3) However, in making its decision under subsection (2), the board must 18
take the action the board considers is the least onerous necessary to protect 19
the vulnerable persons. 20
(4) Immediately after deciding to suspend, or impose conditions on, a 21
registrant's registration, the board must give written notice to the registrant 22
and commissioner and-- 23
(a) investigate the matter under the investigation part; or 24
(b) refer it under section 126 to the tribunal for hearing under the 25
disciplinary proceedings part. 26
(5) The notice must state-- 27
(a) the board's decision; and 28
(b) the reasons for the decision; and 29
s 60 55 s 60
Health Practitioners (Professional Standards)
(c) whether the matter-- 1
(i) will be investigated under the investigation part; or 2
(ii) will be referred under section 126 for hearing by the tribunal 3
under the disciplinary proceedings part; and 4
(d) that the registrant may appeal to the tribunal against the decision to 5
suspend, or impose conditions on, the registrant's registration; 6
and 7
(e) how the registrant may appeal. 8
(6) The decision takes effect on the later of-- 9
(a) the day the notice is given to the registrant; or 10
(b) the day of effect stated in the notice. 11
(7) The decision continues to have effect until the first of the following 12
happens-- 13
(a) the decision is set aside by the tribunal on appeal; 14
(b) if the matter is referred under subsection (4)(b) for hearing by the 15
tribunal under the disciplinary proceedings part--the tribunal 16
decides the matter; 17
(c) if the matter is investigated under the investigation part and is 18
referred under section 126 for hearing by the tribunal under the 19
disciplinary proceedings part--the tribunal decides the matter; 20
(d) if the matter is investigated under the investigation part and at the 21
end of the investigation the board decides to end the suspension or 22
remove the conditions--the board makes the decision. 23
or conditions to be recorded in board's register 24
Suspension
60.(1) This section applies if the board decides under section 59(2) to 25
suspend or impose conditions on the registrant's registration. 26
(2) As soon as practicable after suspending, or imposing conditions on, 27
the registration, the board must record in its register, for the period for 28
which the suspension or conditions are in force-- 29
(a) for a decision to suspend the registrant's registration--that the 30
registrant's registration has been suspended; and 31
s 61 56 s 62
Health Practitioners (Professional Standards)
(b) for a decision to impose conditions on the registrant's 1
registration-- 2
(i) that conditions have been imposed on the registrant's 3
registration; and 4
(ii) details of the conditions imposed. 5
PART 5--INVESTIGATIONS 6
Division 1--Preliminary 7
urposes of pt 5 8
P
61. The purposes of this part are-- 9
(a) to state when an investigation must or may be conducted; and 10
(b) to allow a board to start an investigation without first receiving a 11
complaint; and 12
(c) to state a board's investigative powers; and 13
(d) to state the actions that must be taken at the end of an 14
investigation. 15
Division 2--General provisions about investigation 16
investigation of registrant must be conducted 17
When
62. A registrant's board must investigate the registrant if-- 18
(a) the Minister under section 1317 directs the board to conduct the 19
investigation; or 20
(b) the Minister administering the Health Rights Commission Act 21
17 Section 13 (Minister's power to give directions)
s 63 57 s 63
Health Practitioners (Professional Standards)
1991, section 71A(7)(b),18 decides under that paragraph that a 1
complaint about the registrant should be referred by the 2
commissioner to the board for investigation; or 3
(c) the board and commissioner agree under the Health Rights 4
Commission Act 1991, section 71A(2), or under section 51(2)(a) 5
or (b)19 of this Act, that a complaint about the registrant is to be 6
investigated by the board; or 7
(d) the board decides under section 5320 to investigate a complaint 8
about the registrant under this part; or 9
(e) the board suspends, or imposes conditions on, the registrant's 10
registration under the immediate suspension part and decides to 11
investigate the matter under this part; or 12
(f) the board decides, under section 272(2)(b), 276(2)(b), 289(1)(b) 13
or 299(2)(d)21 to conduct an investigation under this part. 14
investigation of registrant may be conducted on board's 15
When
initiative 16
63.(1) A registrant's board may investigate the registrant if-- 17
(a) it reasonably believes that an aspect of the registrant's conduct or 18
practice, or another matter relating to the registrant, provides a 19
ground for disciplinary action against the registrant;22 and 20
(b) it has not received a complaint under the complaints part about the 21
aspect of the registrant's conduct or practice or the other matter. 22
(2) However, the board must not investigate the registrant because it 23
18 Health Rights Commission Act 1991, section 71A (Action on acceptance of
complaint about registered provider)
19 Section 51 (Action by board on receipt of complaint)
20 Section 53 (Action by board on receipt of complaint made or referred by another
entity, or complaint commissioner not authorised to receive)
21 Sections 272 (Powers of board if registrant does not undergo health assessment
etc.), 276 (Decision about action to be taken for impaired registrant),
289(1)(b) (Failure to comply with health assessment committee) and
299 (Decision about action to be taken for impaired registrant)
22 See section 124 (Grounds for disciplinary action)
s 64 58 s 66
Health Practitioners (Professional Standards)
believes the registrant is impaired if it is dealing with the registrant under the 1
impairment part. 2
(3) Subsection (2) does not prevent the board investigating the registrant 3
about a matter other than the impairment. 4
may investigate 5
Who
64.(1) For investigating a registrant, the board may-- 6
(a) establish an investigation committee to conduct the investigation, 7
that consists of some or all of the board's members; or 8
(b) direct an investigator to conduct the investigation. 9
(2) Before establishing a committee or directing an investigator to 10
conduct an investigation, the board must be satisfied the committee 11
members or investigator does not have a personal or professional 12
connection with the registrant to whom the investigation relates that may 13
prejudice the way in which the members or investigator conduct the 14
investigation. 15
must be conducted as quickly as possible 16
Investigation
65.(1) The board must ensure an investigation committee it establishes, 17
or an investigator it directs to conduct an investigation, conducts the 18
investigation as quickly as possible having regard to the nature of the matter 19
to be investigated. 20
(2) Without limiting subsection (1), the board must have particular regard 21
to conducting the investigation quickly if-- 22
(a) it relates to a complaint made by, or on behalf of, a person who is 23
seriously ill; or 24
(b) the board has suspended, or imposed conditions, on the 25
registrant's registration, under the immediate suspension part. 26
to be given notice of investigation 27
Registrant
66.(1) As soon as practicable after establishing the investigation 28
committee or directing an investigator to conduct an investigation, the board 29
s 67 59 s 67
Health Practitioners (Professional Standards)
must give the registrant written notice about the investigation. 1
(2) The notice must state the following-- 2
(a) the nature of the complaint, if the investigation relates to a 3
complaint; 4
(b) the grounds forming the basis for the investigation, if the board is 5
acting on its own initiative under section 63;23 6
(c) whether the investigation is being conducted by an investigation 7
committee or an investigator; 8
(d) that the registrant may make submissions to the committee or 9
investigator about the complaint or other grounds for the 10
investigation and how the submissions may be made; 11
(e) if the submissions may be oral submissions--a time and place, 12
not less than 14 days after the day the notice is given, for the 13
registrant to attend before the committee or investigator to make 14
the submissions; 15
(f) if the submissions may be written submissions--a stated day, not 16
less than 14 days after the notice is given, by which the 17
submissions, if any, must be given to the board. 18
(3) However, the board need not give the registrant the notice if the board 19
reasonably believes doing so may-- 20
(a) seriously prejudice the investigation of a complaint; or 21
(b) place at risk the wellbeing of vulnerable persons; or 22
(c) place the complainant or another person at risk of harassment or 23
intimidation. 24
may make submissions 25
Registrant
67. A registrant given a notice under section 66 may make submissions 26
to the investigation committee or investigator at the time and in the way 27
stated in the notice. 28
23 Section 63 (When investigation of registrant may be conducted on board's
initiative)
s 68 60 s 73
Health Practitioners (Professional Standards)
Division 3--Investigation committees 1
of investigation committee 2
Function
68. An investigation committee has the function of conducting the 3
investigation for which the committee is established. 4
of investigation committee 5
Powers
69. For conducting an investigation, an investigation committee has the 6
powers given to it under this Act. 7
Division 4--Investigators 8
of investigator 9
Function
70. An investigator has the function of conducting the investigation the 10
investigator is directed to conduct by a board. 11
of investigator 12
Powers
71. For conducting an investigation, an investigator has the powers given 13
to the person under this Act. 14
on powers of investigator 15
Limitation
72. The powers of an investigator may be limited-- 16
(a) under a condition of the investigator's appointment; or 17
(b) under the board's direction given to the investigator by the board 18
to conduct the investigation. 19
may be appointed as investigator 20
Who
73. A board may appoint any of the following as an investigator-- 21
(a) a member of the board; 22
(b) the executive officer; 23
s 74 61 s 75
Health Practitioners (Professional Standards)
(c) with the agreement of the executive officer--a member of the 1
office's staff the board considers has the necessary expertise or 2
experience to be an investigator; 3
(d) another person the board considers has the necessary expertise or 4
experience to be an investigator. 5
appointment conditions 6
Investigator's
74.(1) An investigator holds office on the conditions stated in the 7
instrument of appointment. 8
(2) If an investigator's appointment provides for a term of appointment, 9
the investigator ceases holding office at the end of the term. 10
(3) An investigator may resign by signed notice of resignation given to 11
the board. 12
identity card 13
Investigator's
75.(1) The board must give an identity card to each investigator it 14
appoints. 15
(2) The identity card must-- 16
(a) contain a recent photograph of the investigator; and 17
(b) be signed by the investigator; and 18
(c) identify the person as an investigator appointed by a board for this 19
Act; and 20
(d) include an expiry date. 21
(3) This section does not prevent the issue of a single identity card to a 22
person-- 23
(a) if the person is appointed as an investigator for this Act by more 24
than 1 board; or 25
(b) for this Act and other Acts. 26
s 76 62 s 78
Health Practitioners (Professional Standards)
to return identity card 1
Failure
76. A person who ceases to be an investigator must give the person's 2
identity card to the executive officer within 7 days after the person ceases to 3
be an investigator, unless the person has a reasonable excuse. 4
Maximum penalty--10 penalty units. 5
of investigator's identity card 6
Display
77.(1) An investigator may exercise a power in relation to someone else 7
(the "other person") only if the investigator-- 8
(a) first produces the investigator's identity card for the other 9
person's inspection; or 10
(b) has the identity card displayed so it is clearly visible to the other 11
person. 12
(2) However, if for any reason it is not practicable to comply with 13
subsection (1) before exercising the power, the investigator must produce 14
the identity card for the other person's inspection at the first reasonable 15
opportunity. 16
Division 5--Investigation powers 17
Subdivision 1--Power to obtain information 18
to require information or attendance 19
Power
78. For conducting an investigation, an investigation committee or 20
investigator may, by written notice given to a person, require the person-- 21
(a) to give stated information to the committee or investigator within 22
a stated reasonable time and in a stated reasonable way; or 23
(b) to attend before the committee or investigator at a stated 24
reasonable time and place-- 25
(i) to answer questions; or 26
(ii) to produce a stated thing. 27
s 79 63 s 81
Health Practitioners (Professional Standards)
1
Offences
79.(1) A person required to give stated information to an investigation 2
committee or investigator under section 78 must not fail, without reasonable 3
excuse, to give the information as required by the notice. 4
Maximum penalty--50 penalty units. 5
(2) A person given a notice to attend before an investigation committee or 6
investigator must not fail, without reasonable excuse, to-- 7
(a) attend as required by the notice; or 8
(b) continue to attend as required by the committee or investigator 9
until excused from further attendance; or 10
(c) answer a question the person is required to answer by the 11
committee or investigator; or 12
(d) produce a thing the person is required to produce by the notice. 13
Maximum penalty for subsection (2)--50 penalty units. 14
15
Self-incrimination
80. For section 79, it is a reasonable excuse for an individual to fail to 16
give stated information, answer a question or to produce a stated thing, if 17
giving the information, answering the question or producing the thing might 18
tend to incriminate the individual. 19
of produced things 20
Inspection
81.(1) If a thing is produced to an investigation committee or 21
investigator, whether under a notice under section 78 or otherwise, the 22
committee or investigator may inspect it. 23
(2) The investigation committee or investigator may do all or any of the 24
following if the committee or investigator reasonably considers the thing 25
may be relevant to the investigation being conducted by the committee or 26
investigator-- 27
(a) photograph the thing; 28
(b) for a document--make a copy of, or take an extract from, it; 29
s 82 64 s 83
Health Practitioners (Professional Standards)
(c) keep the thing while it is necessary for the investigation. 1
(3) If the committee or investigator keeps the thing, the committee or 2
investigator must permit a person otherwise entitled to possession of the 3
thing to-- 4
(a) for a document--inspect, make a copy of, or take an extract from, 5
the document, at the reasonable time and place the committee or 6
investigator decides; and 7
(b) for another thing--inspect or photograph the thing, at the 8
reasonable time and place the committee or investigator decides. 9
2--Entry of places by investigator 10
Subdivision
to enter places 11
Power
82.(1) An investigator may enter a place for investigating a registrant 12
under this Act if-- 13
(a) its occupier consents to the entry; or 14
(b) it is a public place and the entry is made when it is open to the 15
public; or 16
(c) the entry is authorised by a warrant. 17
(2) For the purpose of asking the occupier of a place for consent to enter, 18
an investigator may, without the occupier's consent or a warrant-- 19
(a) enter land around the premises at the place to an extent that is 20
reasonable to contact the occupier; or 21
(b) enter part of the place the investigator reasonably considers 22
members of the public ordinarily are allowed to enter when they 23
wish to contact the occupier. 24
3--Procedure for entry by investigator 25
Subdivision
to entry 26
Consent
83.(1) This section applies if an investigator intends to ask an occupier of 27
s 84 65 s 84
Health Practitioners (Professional Standards)
a place to consent to the investigator entering the place under 1
section 82(1)(a). 2
(2) Before asking for the consent, the investigator must tell the 3
occupier-- 4
(a) the purpose of the entry; and 5
(b) that the occupier is not required to consent. 6
(3) If the consent is given, the investigator may ask the occupier to sign 7
an acknowledgment of the consent. 8
(4) The acknowledgment must state-- 9
(a) the occupier has been told-- 10
(i) the purpose of the entry; and 11
(ii) that the occupier is not required to consent; and 12
(b) the purpose of the entry; and 13
(c) the occupier gives the investigator consent to enter the place and 14
exercise powers under this division; and 15
(d) the time and date the consent was given. 16
(5) If the occupier signs the acknowledgment, the investigator must 17
immediately give a copy to the occupier. 18
(6) A court or disciplinary body must find the occupier of a place did not 19
consent to an investigator entering the place under this division if-- 20
(a) an issue arises in a proceeding before the court or disciplinary 21
body whether the occupier of the place consented to the entry 22
under section 82(1)(a); and 23
(b) an acknowledgment is not produced in evidence for the entry; and 24
(c) it is not proved by the person relying on the lawfulness of the 25
entry that the occupier consented to the entry. 26
for warrant 27
Application
84.(1) An investigator may apply to a magistrate for a warrant for a 28
place. 29
s 85 66 s 86
Health Practitioners (Professional Standards)
(2) The application must be sworn and state the grounds on which the 1
warrant is sought. 2
(3) The magistrate may refuse to consider the application until the 3
investigator gives the magistrate all the information the magistrate requires 4
about the application in the way the magistrate requires. 5
6
Example--
7
The magistrate may require additional information supporting the application to be
8
given by statutory declaration.
of warrant 9
Issue
85.(1) The magistrate may issue a warrant only if the magistrate is 10
satisfied there are reasonable grounds for suspecting-- 11
(a) there is a particular thing or activity (the "evidence") that may 12
provide evidence about a disciplinary matter being investigated by 13
the investigator; and 14
(b) the evidence is at the place, or may be at the place within the next 15
7 days. 16
(2) The warrant must state-- 17
(a) that a stated investigator may, with necessary and reasonable help 18
and force-- 19
(i) enter the place and any other place necessary for entry; and 20
(ii) exercise the investigator's powers under this division; and 21
(b) the disciplinary matter for which the warrant is sought; and 22
(c) the evidence that may be seized under the warrant; and 23
(d) the hours of the day or night when the place may be entered; and 24
(e) the date, within 14 days after the warrant's issue, the warrant 25
ends. 26
warrants 27
Special
86.(1) An investigator may apply for a warrant (a "special warrant") by 28
phone, fax, radio or another form of communication if the investigator 29
s 86 67 s 86
Health Practitioners (Professional Standards)
considers it necessary because of-- 1
(a) urgent circumstances; or 2
(b) other special circumstances, including, for example, the 3
investigator's remote location. 4
(2) Before applying for the special warrant, the investigator must prepare 5
an application stating the grounds on which the warrant is sought. 6
(3) The investigator may apply for the special warrant before the 7
application is sworn. 8
(4) After issuing the warrant, the magistrate must immediately fax a copy 9
(the "facsimile warrant") to the investigator if it is reasonably practicable 10
to fax the copy. 11
(5) If it is not reasonably practicable to fax a copy to the investigator-- 12
(a) the magistrate must tell the investigator-- 13
(i) what the terms of the special warrant are; and 14
(ii) the date and time the special warrant was issued; and 15
(b) the investigator must complete a form of warrant (a "warrant 16
form") and write on it-- 17
(i) the magistrate's name; and 18
(ii) the date and time the magistrate issued the warrant; and 19
(iii) the terms of the warrant. 20
(6) The facsimile warrant, or the warrant form properly completed by the 21
investigator, authorises the entry and the exercise of the other powers stated 22
in the special warrant issued by the magistrate. 23
(7) The investigator must, at the first reasonable opportunity, send to the 24
magistrate-- 25
(a) the sworn application; and 26
(b) if the investigator completed a warrant form--the completed 27
warrant form. 28
(8) On receiving the documents, the magistrate must attach them to the 29
special warrant. 30
(9) A court or disciplinary body must find the exercise of the power by 31
s 87 68 s 87
Health Practitioners (Professional Standards)
an investigator was not authorised by a special warrant if-- 1
(a) an issue arises in a proceeding before the court or disciplinary 2
body whether the exercise of the power was authorised by a 3
special warrant; and 4
(b) the special warrant is not produced in evidence; and 5
(c) it is not proved by the person relying on the lawfulness of the 6
entry that the investigator obtained the special warrant. 7
before entry 8
Warrants--procedure
87.(1) This section applies if an investigator named in a warrant issued 9
under this subdivision for a place is intending to enter the place under the 10
warrant. 11
(2) Before entering the place, the investigator must do or make a 12
reasonable attempt to do the following things-- 13
(a) identify himself or herself to a person present at the place who is 14
an occupier of the place by producing the investigator's identity 15
card or another document evidencing the investigator's 16
appointment; 17
(b) give the person a copy of the warrant or, if the entry is authorised 18
by a facsimile warrant or warrant form mentioned in 19
section 86(6), a copy of the facsimile warrant or warrant form; 20
(c) tell the person the investigator is permitted by the warrant to enter 21
the place; 22
(d) give the person an opportunity to allow the investigator immediate 23
entry to the place without using force. 24
(3) However, the investigator need not comply with subsection (2) if the 25
investigator reasonably believes that immediate entry to the place is required 26
to ensure the effective execution of the warrant is not frustrated. 27
s 88 69 s 89
Health Practitioners (Professional Standards)
4--Powers of investigator after entry 1
Subdivision
powers after entering places 2
General
88.(1) This section applies to an investigator who enters a place. 3
(2) However, if an investigator enters a place to get the occupier's 4
consent to enter a place, this section applies to the investigator only if the 5
consent is given or the entry is otherwise authorised. 6
(3) For conducting an investigation under this Act, the investigator may 7
do all or any of the following-- 8
(a) search any part of the place; 9
(b) inspect, measure, test, photograph or film any part of the place or 10
anything at the place; 11
(c) take a thing, or a sample of or from a thing, at the place for 12
analysis, measurement or testing; 13
(d) copy, or take an extract from, a document, at the place; 14
(e) take into or onto the place any person, equipment and materials 15
the investigator reasonably requires for exercising a power under 16
this division; 17
(f) require the occupier of the place, or a person at the place, to give 18
the investigator reasonable help to exercise the investigator's 19
powers under paragraphs (a) to (e); 20
(g) require the occupier of the place, or a person at the place, to give 21
the investigator information to help the investigator in conducting 22
the investigation. 23
(4) When making a requirement mentioned in subsection (3)(f) or (g), 24
the investigator must warn the person it is an offence to fail to comply with 25
the requirement, unless the person has a reasonable excuse. 26
to help investigator 27
Failure
89.(1) A person required to give reasonable help under section 88(3)(f) 28
must comply with the requirement, unless the person has a reasonable 29
excuse. 30
s 90 70 s 92
Health Practitioners (Professional Standards)
Maximum penalty--50 penalty units. 1
(2) If an individual is required under section 88(3)(f) to give information 2
or produce a document, it is a reasonable excuse for the individual not to 3
comply with the requirement that complying with the requirement might 4
tend to incriminate the individual. 5
to give information 6
Failure
90.(1) A person of whom a requirement is made under section 88(3)(g) 7
must comply with the requirement, unless the person has a reasonable 8
excuse. 9
Maximum penalty--50 penalty units. 10
(2) It is a reasonable excuse for an individual not to comply with the 11
requirement that complying with the requirement might tend to incriminate 12
the individual. 13
Subdivision 5--Power of investigator to seize evidence 14
evidence at public place if entry made when place open 15
Seizing
91. An investigator, who enters a public place when the place is open to 16
the public, may seize a thing at the place if the investigator reasonably 17
believes the thing is evidence that is relevant to the investigation being 18
conducted by the investigator. 19
evidence at place entered with consent or warrant 20
Seizing
92.(1) This section applies if-- 21
(a) an investigator is authorised to enter a place under this division 22
only with the consent of the occupier or a warrant; and 23
(b) the investigator enters the place after obtaining the necessary 24
consent or warrant. 25
(2) If the investigator enters the place with the occupier's consent, the 26
investigator may seize a thing at the place if-- 27
(a) the investigator reasonably believes the thing is evidence that is 28
s 93 71 s 95
Health Practitioners (Professional Standards)
relevant to the investigation being conducted by the investigator; 1
and 2
(b) seizure of the thing is consistent with the purpose of entry as told 3
to the occupier when asking for the occupier's consent. 4
(3) If the investigator enters the place with a warrant, the investigator may 5
seize the evidence for which the warrant was issued. 6
(4) The investigator may also seize anything else at the place if the 7
investigator reasonably believes-- 8
(a) the thing is evidence that is relevant to the investigation; and 9
(b) the seizure is necessary to prevent the thing being hidden, lost or 10
destroyed. 11
seized things 12
Securing
93. Having seized a thing, an investigator may-- 13
(a) move the thing from the place where it was seized (the "place of 14
seizure"); or 15
(b) leave the thing at the place of seizure but take reasonable action to 16
restrict access to it. 17
18
Examples of restricting access to a thing--
19
1. Sealing a thing and marking it to show access to it is restricted.
20
2. Sealing the entrance to a room where the seized thing is situated and marking
21
it to show access to it is restricted.
with seized things 22
Tampering
94. If an investigator restricts access to a seized thing, a person must not 23
tamper, or attempt to tamper, with the thing, or something restricting access 24
to the thing, without the investigator's approval. 25
Maximum penalty--50 penalty units. 26
to support seizure 27
Powers
95.(1) To enable a thing to be seized, an investigator may require the 28
s 96 72 s 97
Health Practitioners (Professional Standards)
person in control of it-- 1
(a) to take it to a stated reasonable place by a stated reasonable time; 2
and 3
(b) if necessary, to remain in control of it at the stated place for a 4
reasonable time. 5
(2) The requirement-- 6
(a) must be made by written notice; or 7
(b) if for any reason it is not practicable to give the notice, may be 8
made orally and confirmed by written notice as soon as 9
practicable. 10
(3) A further requirement may be made under this section about the thing 11
if it is necessary and reasonable to make the further requirement. 12
(4) A person of whom a requirement is made under subsection (1) or (3) 13
must comply with the requirement, unless the person has a reasonable 14
excuse. 15
Maximum penalty for subsection (4)--50 penalty units. 16
for seized things 17
Receipt
96.(1) As soon as practicable after an investigator seizes a thing, the 18
investigator must give a receipt for it to the person from whom it was 19
seized. 20
(2) However, if for any reason it is not practicable to comply with 21
subsection (1), the investigator must leave the receipt at the place of seizure 22
in a conspicuous position and in a reasonably secure way. 23
(3) The receipt must describe generally the thing seized and its condition. 24
(4) This section does not apply to a thing if it is impracticable or would 25
be unreasonable to give the receipt given the thing's nature, condition and 26
value. 27
of seized things 28
Forfeiture
97.(1) A seized thing is forfeited to the State if the investigator who 29
seized the thing-- 30
s 98 73 s 99
Health Practitioners (Professional Standards)
(a) can not find its owner, after making reasonable inquiries; or 1
(b) can not return it to its owner, after making reasonable efforts. 2
(2) In applying subsection (1)-- 3
(a) subsection (1)(a) does not require the investigator to make 4
inquiries if it would be unreasonable to make inquiries to find the 5
owner; and 6
(b) subsection (1)(b) does not require the investigator to make efforts 7
if it would be unreasonable to make efforts to return the thing to 8
its owner. 9
10
Example for subsection (2)(b)--
11
The owner of the thing has migrated to a foreign country.
(3) Regard must be had to a thing's nature, condition and value in 12
deciding-- 13
(a) whether it is reasonable to make inquiries or efforts; and 14
(b) if making inquiries or efforts--what inquiries or efforts, including 15
the period over which they are made, are reasonable. 16
with forfeited things etc. 17
Dealing
98.(1) On the forfeiture of a thing to the State, the thing becomes the 18
State's property and may be dealt with by the executive officer as the 19
executive officer considers appropriate. 20
(2) Without limiting subsection (1), the executive officer may destroy or 21
dispose of the thing. 22
of seized things 23
Return
99.(1) If a seized thing has not been forfeited, the investigator must return 24
it to its owner-- 25
(a) at the end of 6 months; or 26
(b) if proceedings involving the thing are started within 6 months--at 27
the end of the proceedings and any appeal from the proceedings. 28
(2) Despite subsection (1), unless the thing has been forfeited, the 29
s 100 74 s 101
Health Practitioners (Professional Standards)
investigator must immediately return a thing seized as evidence to its owner 1
if the investigator stops being satisfied its continued retention as evidence is 2
necessary. 3
to seized things 4
Access
100.(1) Until a seized thing is forfeited or returned, an investigator must 5
allow its owner to inspect it and, if it is a document, to copy it. 6
(2) Subsection (1) does not apply if it is impracticable or would be 7
unreasonable to allow the inspection or copying. 8
Subdivision 6--General enforcement matters 9
of damage 10
Notice
101.(1) This section applies if-- 11
(a) an investigator damages property when exercising or purporting 12
to exercise a power; or 13
(b) a person (the "other person") acting under the direction of an 14
investigator damages property. 15
(2) The investigator must promptly give written notice of particulars of 16
the damage to the person who appears to the investigator to be the owner of 17
the property. 18
(3) If the investigator believes the damage was caused by a latent defect 19
in the property or circumstances beyond the investigator's or other person's 20
control, the investigator may state the belief in the notice. 21
(4) If, for any reason, it is impracticable to comply with subsection (2), 22
the investigator must leave the notice in a conspicuous position and in a 23
reasonably secure way where the damage happened. 24
(5) This section does not apply to damage the investigator reasonably 25
believes is trivial. 26
(6) In subsection (2)-- 27
"owner", of property, includes the person in possession or control of it. 28
s 102 75 s 104
Health Practitioners (Professional Standards)
1
Compensation
102.(1) A person may claim compensation from the board for whom the 2
investigator is conducting the investigation if the person incurs loss or 3
expense because of the exercise or purported exercise of a power under 4
subdivision 2, 4 or 5.24 5
(2) Without limiting subsection (1), compensation may be claimed for 6
loss or expense incurred in complying with a requirement made of the 7
person under the subdivision. 8
(3) Compensation may be claimed and ordered to be paid in a proceeding 9
brought in a court with jurisdiction for the recovery of the amount of 10
compensation claimed. 11
(4) A court may order compensation to be paid only if it is satisfied it is 12
fair to make the order in the circumstances of the particular case. 13
or misleading information 14
False
103. A person must not state anything to an investigation committee or 15
investigator that the person knows is false or misleading in a material 16
particular. 17
Maximum penalty--50 penalty units. 18
or misleading documents 19
False
104.(1) A person must not give to an investigation committee or 20
investigator a document containing information the person knows is false or 21
misleading in a material particular. 22
Maximum penalty--50 penalty units. 23
(2) Subsection (1) does not apply to a person who, when giving the 24
document-- 25
(a) informs the investigation committee or investigator, to the best of 26
the person's ability, how it is false or misleading; and 27
24 Subdivision 2 (Entry of places by investigator), 4 (Powers of investigator after
entry) or 5 (Power of investigator to seize evidence)
s 105 76 s 107
Health Practitioners (Professional Standards)
(b) gives the correct information to the committee or investigator if 1
the person has, or can reasonably obtain, the correct information. 2
investigators 3
Obstructing
105.(1) A person must not obstruct an investigator in the exercise of a 4
power, unless the person has a reasonable excuse. 5
Maximum penalty--100 penalty units. 6
(2) If a person has obstructed an investigator and the investigator decides 7
to proceed with the exercise of the power, the investigator must warn the 8
person that-- 9
(a) it is an offence to obstruct the investigator, unless the person has a 10
reasonable excuse; and 11
(b) the investigator considers the person's conduct is an obstruction. 12
(3) In this section-- 13
"obstruct" includes hinder and attempt to obstruct or hinder. 14
of investigators 15
Impersonation
106. A person must not pretend to be an investigator. 16
Maximum penalty--50 penalty units. 17
7--Health assessments and expert assistance 18
Subdivision
may require health assessment 19
Board
107.(1) This section applies if-- 20
(a) a registrant's board is conducting an investigation of the 21
registrant; and 22
(b) the board reasonably believes it is necessary for the registrant to 23
undergo a health assessment because-- 24
(i) there is a ground for disciplinary action to be taken against 25
the registrant; and 26
s 108 77 s 108
Health Practitioners (Professional Standards)
(ii) the nature of the ground makes it reasonable to require the 1
registrant to undergo a health assessment. 2
(2) The board may, by written notice given to the registrant, require the 3
registrant to undergo a health assessment at a reasonable time and place. 4
(3) The notice must state-- 5
(a) the reasons for the health assessment; and 6
(b) the name and qualifications of the person appointed by the board 7
to conduct the assessment; and 8
(c) the place where, and the day and time at which, the assessment is 9
to be conducted. 10
(4) The registrant must not fail, without reasonable excuse-- 11
(a) to attend as required by the notice; and 12
(b) to continue to attend as required by the person conducting the 13
health assessment until excused from further attendance; and 14
(c) to cooperate with the person in the conduct of the health 15
assessment. 16
Maximum penalty for subsection (4)--50 penalty units. 17
of appropriately qualified person to conduct health 18
Appointment
assessment 19
108.(1) This section applies if a registrant's board believes it is necessary 20
for a registrant to undergo a health assessment. 21
(2) The board may appoint 1 or more appropriately qualified persons to 22
conduct the assessment, in whole or part. 23
(3) At least 1 of the persons appointed to conduct the assessment must be 24
a medical practitioner. 25
(4) Before appointing a person to conduct a health assessment, the board 26
must be satisfied the person does not have a personal or professional 27
connection with the registrant to whom the assessment relates that may 28
prejudice the way in which the person conducts the assessment. 29
(5) In subsection (2)-- 30
s 109 78 s 109
Health Practitioners (Professional Standards)
"appropriately qualified", for a medical practitioner or other person 1
conducting a health assessment, includes having the qualifications, 2
experience, skills or knowledge appropriate to conduct the health 3
assessment. 4
about health assessment 5
Report
109.(1) A person appointed under section 108 to conduct all or part of a 6
health assessment of a registrant must prepare a report about the assessment 7
(an "assessment report"). 8
(2) The assessment report must include-- 9
(a) the person's findings as to whether the registrant is impaired; and 10
(b) if the person finds the registrant is impaired-- 11
(i) the nature and extent of the registrant's impairment; and 12
(ii) the person's recommendations as to any action that needs to 13
be taken in relation to the registrant to protect the wellbeing 14
of vulnerable persons. 15
(3) The person must-- 16
(a) give the assessment report to the board who appointed the person; 17
and 18
(b) give a copy of the assessment report to the registrant or, if it 19
appears to the person that giving a copy of the report to the 20
registrant may be prejudicial to the physical or psychological 21
health or wellbeing of the registrant, a medical practitioner 22
nominated by the registrant; and 23
(c) if the copy of the assessment report is given to a medical 24
practitioner under paragraph (b), give the registrant written notice 25
that the copy has been given to the medical practitioner. 26
(4) The registrant may nominate a medical practitioner under 27
subsection (3)(b) only if the medical practitioner has agreed to be 28
nominated. 29
(5) If a registrant does not nominate a medical practitioner under 30
subsection (3)(b), the person who conducted the assessment may-- 31
(a) refuse to give a copy of the assessment report to the registrant; or 32
s 110 79 s 110
Health Practitioners (Professional Standards)
(b) give the registrant a summary only of the findings in the report. 1
(6) A medical practitioner who has been given a copy of an assessment 2
report under subsection (3)(b) must, within 14 days after receiving the 3
report-- 4
(a) give the registrant the information from the report that the medical 5
practitioner reasonably considers appropriate in the circumstances; 6
or 7
(b) decide that, in the circumstances, it is not appropriate to give the 8
registrant any information from the report. 9
(7) As soon as practicable after the medical practitioner gives the 10
registrant information from the report or decides not to give the registrant 11
any information, the medical practitioner must, by written notice given to 12
the board, advise the board-- 13
(a) whether or not the information was given to the registrant; and 14
(b) if information was given to the registrant-- 15
(i) what information was given; and 16
(ii) when the information was given. 17
may make submissions about assessment report 18
Registrant
110.(1) A registrant given a copy of an assessment report or a summary 19
under section 109 may, within 14 days after receiving the copy or 20
summary, make written submissions relating to the report or summary to 21
the board. 22
(2) A registrant given information by a medical practitioner under 23
section 109(6) may, within 14 days after receiving the information, make 24
written submissions about the information to the board. 25
(3) Also, the registrant may give to the board a copy of a report about any 26
other recent and relevant health assessment the registrant has undergone. 27
(4) If the registrant gives a copy of a report to the board under 28
subsection (3), the copy must be a complete copy of the report. 29
s 111 80 s 113
Health Practitioners (Professional Standards)
assistance 1
Expert
111.(1) For investigating a registrant, the registrant's board may obtain a 2
written report (an "expert's report") from a person who, it reasonably 3
considers is sufficiently qualified or experienced to give expert advice on the 4
matter the subject of the investigation. 5
(2) Before acting under subsection (1), the board must be satisfied the 6
person does not have a personal or professional connection with the 7
registrant that may prejudice the way in which the person gives the advice. 8
(3) Despite subsection (2), the board may obtain an expert's report from 9
a person without being satisfied the person does not have a personal or 10
professional connection to the registrant if the board does not identify the 11
registrant to the person. 12
of assessment and expert's report 13
Use
112.(1) An assessment report or expert's report is not admissible in any 14
proceedings, other than proceedings under this Act. 15
(2) A person can not be compelled to produce the report, or to give 16
evidence relating to the report or its contents, in any proceedings, other than 17
proceedings under this Act. 18
(3) Subsections (1) and (2) do not apply if the report is admitted or 19
produced, or evidence relating to the report or its contents is given, with the 20
consent of the person who prepared the report and the registrant to which 21
the report relates. 22
(4) In this section-- 23
"assessment report" or "expert's report" includes a copy of the report, or 24
a part of the report or copy. 25
"proceedings under this Act" includes a health assessment by a health 26
assessment committee but does not include proceedings for an offence 27
against this Act. 28
for health assessments and reports 29
Payment
113. A person who conducts a health assessment and prepares an 30
s 114 81 s 115
Health Practitioners (Professional Standards)
assessment report, or prepares an expert's report, for a board is entitled to 1
be paid for his or her work by the board. 2
Division 6--Action following investigation 3
report prepared by investigation committee or 4
Preliminary
investigator 5
114.(1) An investigation committee established, or investigator directed, 6
by a board under section 6425 to conduct an investigation must, as soon as 7
practicable after completing the investigation, give to the board a report (a 8
"preliminary report") about the investigation. 9
(2) However, if an investigation committee consists of all the members 10
of the board, the committee need not comply with subsection (1). 11
to prepare report on completion of investigation 12
Board
115.(1) This section applies if-- 13
(a) a board is, under section 114, given a preliminary report about an 14
investigation; or 15
(b) an investigation committee established by a board consists of all 16
the members of the board and the committee has completed its 17
investigation. 18
(2) The board must prepare a report about the investigation as soon as 19
practicable after receiving the preliminary report or completing the 20
investigation. 21
(3) In preparing the report, the board must have regard to the actions the 22
board must take under section 118.26 23
(4) The report must include-- 24
(a) the board's findings about the investigation including, if the 25
investigation was the result of a complaint, the board's findings 26
25 Section 64 (Who may investigate)
26 Section 118 (Decision on investigation)
s 116 82 s 116
Health Practitioners (Professional Standards)
about the complaint; and 1
(b) the action proposed to be taken by the board about the complaint 2
or other matter the subject of the investigation. 3
(5) For subsection (2), the board may adopt a report mentioned in 4
subsection (1)(a), with or without changes, as its report. 5
to keep commissioner informed about investigation 6
Board
116.(1) This section applies if a board establishes an investigation 7
committee, or directs an investigator, to investigate a complaint or other 8
matter about a registrant. 9
(2) While the investigation is being conducted, the board must give to the 10
commissioner the reasonable reports asked for by the commissioner about 11
the investigation. 12
(3) As soon as practicable after the board prepares its report about the 13
investigation under section 115(2), it must give the commissioner a report 14
about the investigation. 15
(4) The report must include-- 16
(a) the board's findings about the investigation, including, if the 17
investigation was the result of a complaint, the board's findings 18
about the complaint; and 19
(b) the action proposed to be taken by the board about the complaint 20
or other matter the subject of the investigation. 21
(5) The commissioner may give the board comments about a report 22
given to the commissioner under subsection (2) or (3) within-- 23
(a) 14 days after receiving the report; or 24
(b) a longer period agreed to by the board. 25
(6) After giving the commissioner a report under subsection (3), the 26
board must not take any action under section 118, about the complaint or 27
other matter until 1 of the following happens-- 28
(a) the board receives the commissioner's comments about the report 29
and considers the comments; 30
(b) the commissioner advises the board that the commissioner does 31
s 117 83 s 118
Health Practitioners (Professional Standards)
not intend to give the board comments about the report; 1
(c) the period mentioned in subsection (5) for the commissioner to 2
give comments about the report to the board ends. 3
(7) In this section-- 4
"comments", of the commissioner, include recommendations and other 5
information. 6
may report to Minister 7
Commissioner
117. The commissioner may, at any time, give the Minister a report 8
about investigations conducted by boards or a particular investigation. 9
on investigation 10
Decision
118.(1) As soon as practicable after an event mentioned in section 116(6) 11
happens, the board must-- 12
(a) if the investigation was the result of a decision by the board under 13
section 59(2)27 and the board reasonably believes further action is 14
necessary--refer the disciplinary matter under section 126 for 15
hearing by the tribunal; or 16
(b) if the investigation was the result of a decision by the board under 17
section 59(2) and the board reasonably believes no further action 18
is necessary--end the suspension or remove the conditions and 19
take no further action; or 20
(c) otherwise--decide to do 1 of the following-- 21
(i) refer the disciplinary matter under section 126 for hearing by 22
the tribunal; 23
(ii) subject to a decision by the registrant under section 24
120(3)--refer the disciplinary matter under section 126 for 25
hearing by a panel; 26
(iii) subject to a decision by the registrant under 27
section 120(3)--deal with the disciplinary matter by taking 28
27 Section 59 (Immediate suspension or imposition of conditions on registration)
s 118 84 s 118
Health Practitioners (Professional Standards)
disciplinary proceedings itself under the disciplinary 1
proceedings part; 2
(iv) enter into an undertaking with the registrant, with the 3
registrant's agreement, about the registrant's professional 4
conduct or practice; 5
(v) deal with the disciplinary matter under the impairment part; 6
(vi) take another action approved by the Minister that will achieve 7
the objects of this Act; 8
(vii) decide to take no further action about the disciplinary matter. 9
(2) In deciding to take an action under subsection (1), the board must 10
have regard to the objects of the Act mentioned in section 6 and, in 11
particular, section 6(a). 12
(3) If the board reasonably believes the subject matter of the investigation 13
may provide a ground for suspending or cancelling the registrant's 14
registration, the board must decide under subsection (1)(c)(i) to refer the 15
matter to the tribunal. 16
(4) However, the board need not act under subsection (3) if it reasonably 17
believes the matter will not be substantiated. 18
(5) Also, regardless of what the board decides under subsection (1), it 19
may also decide to do either or both of the following-- 20
(a) start proceedings to prosecute the registrant for an offence; 21
(b) refer the matter to another entity that has the function or power 22
under an Act of the State, the Commonwealth or another State to 23
deal with the matter. 24
(6) If the board decides to enter into an undertaking with the registrant 25
under subsection (1)(c)(iv), it must also decide whether details of the 26
undertaking must be recorded in the board's register for the period for 27
which the undertaking is in force. 28
(7) The board must decide to record the details of the undertaking in its 29
register unless it reasonably believes it is not in the interests of users of the 30
registrant's services or the public to know the details. 31
(8) A decision by the board to take no further action about the matter 32
under subsection (1)(b) or (1)(c)(vii) does not prevent the board taking the 33
s 119 85 s 120
Health Practitioners (Professional Standards)
matter into consideration at a later time as part of a pattern of conduct or 1
practice by the registrant that may result in disciplinary action. 2
to take action as soon as practicable 3
Board
119.(1) This section applies if a board decides to take action under 4
section 118(1)(a), (b) or (c)(i), (iv), (v), or (vi) or (5) about a registrant. 5
(2) The board must, as soon as practicable after making the decision, take 6
the action. 7
must give notice about investigation to registrant and other 8
Board
persons 9
120.(1) As soon as practicable after deciding what action to take under 10
section 118(1) or (5), the board must give written notice about its decision 11
to-- 12
(a) the registrant concerned; and 13
(b) the complainant, if the investigation was the result of a complaint; 14
and 15
(c) the commissioner. 16
(2) The notice must state-- 17
(a) the action the board has decided to take; and 18
(b) for a decision to take action mentioned in section 118(1)(c)(ii) or 19
(iii)-- 20
(i) that the registrant may, within 14 days after receiving the 21
notice, elect to have the matter dealt with by the tribunal; and 22
(ii) that if the matter is dealt with by the board there is no right of 23
appeal against the board's decision; and 24
(c) for a decision to enter into an undertaking with the registrant-- 25
(i) the fact an undertaking has been entered into must be 26
recorded in the board's register for the period for which the 27
undertaking is in force; and 28
(ii) if details of the undertaking must be recorded in the 29
s 121 86 s 121
Health Practitioners (Professional Standards)
register--the details that must be recorded in the register for 1
the period for which the undertaking is in force; and 2
(iii) if details of the undertaking are not to be recorded--the 3
reason why the details are not to be recorded. 4
(3) For subsection (2)(b), the registrant may elect to have the matter dealt 5
with by the tribunal by, within 14 days after receiving the board's notice, 6
giving the board written notice of the election. 7
(4) As soon as practicable after receiving notice under subsection (3), the 8
board must refer the matter under section 126 for hearing by the tribunal. 9
(5) If the board's decision was to take action mentioned in 10
section 118(1)(c)(ii) or (iii) and the registrant does not, within 14 days after 11
receiving the board's notice, elect to have the matter dealt with by the 12
tribunal, the board must take the action decided as soon as practicable after 13
the end of the 14 days. 14
to be recorded in board's register 15
Undertaking
121.(1) This section applies if the board made a decision under 16
section 118(1)(c)(iv) to enter into an undertaking with a registrant. 17
(2) As soon as practicable after entering into the undertaking, the board 18
must record in its register, for the period for which the undertaking is in 19
force-- 20
(a) the fact that an undertaking has been entered into with the 21
registrant; and 22
(b) if the board decided under section 118(6) to record details of the 23
undertaking in its register--the details. 24
s 122 87 s 124
Health Practitioners (Professional Standards)
ART 6--DISCIPLINARY PROCEEDINGS 1
P
Division 1--Preliminary 2
urposes of pt 6 3
P
122. The purposes of this part are-- 4
(a) to state the purposes of disciplinary proceedings and disciplinary 5
action against registrants; and 6
(b) to state the circumstances under which a board may start 7
disciplinary proceedings; and 8
(c) to state the grounds for disciplinary action against registrants; and 9
(d) to provide for adjudication relating to disciplinary matters; and 10
(e) to provide for disciplinary proceedings to be taken against persons 11
who were registrants but are no longer registered. 12
of disciplinary proceedings and disciplinary action 13
Purposes
123. The purposes of disciplinary proceedings and disciplinary action 14
against registrants are as follows-- 15
(a) to protect the public; 16
(b) to uphold standards of practice within the health professions; 17
(c) to maintain public confidence in the health professions. 18
Division 2--Grounds for disciplinary action 19
for disciplinary action 20
Grounds
124.(1) Each of the following is a ground for disciplinary action against a 21
registrant-- 22
(a) the registrant has behaved in a way that constitutes unsatisfactory 23
professional conduct; 24
(b) the registrant has failed to comply with a condition of practice 25
s 124 88 s 124
Health Practitioners (Professional Standards)
imposed under this Act or the health practitioner registration Act 1
under which the registrant is registered; 2
(c) the registrant has failed to comply with an undertaking entered 3
into under this Act; 4
(d) the registrant has failed to comply with a lawful demand of a 5
board, investigator, investigation committee, disciplinary 6
committee, panel, health assessment committee, inspector or the 7
tribunal or another entity authorised to make the demand under 8
this Act or a health practitioner registration Act; 9
(e) the registrant does not meet, or no longer meets, the criteria for 10
registration under the health practitioner registration Act under 11
which the registrant is registered; 12
(f) the registrant has failed to comply with a provision of this Act or 13
the health practitioner registration Act under which the registrant 14
is registered; 15
(g) the registrant has been convicted of an offence against an Act of 16
the State, the Commonwealth or another State related to the 17
practise of the registrant's profession, including, for example-- 18
(i) a health practitioner registration Act or this Act; or 19
(ii) the Health Act 1937; or 20
(iii) the Fair Trading Act 1989; or 21
(iv) the Health Insurance Act 1973 (Cwlth); 22
(h) a finding has been made under the Health Insurance Act 1973 23
(Cwlth) that the registrant engaged in inappropriate practice within 24
the meaning of that Act;28 25
(i) the registrant has been convicted of an indictable offence. 26
(2) Also, if a registrant is impaired the registrant's impairment is taken to 27
be a ground for disciplinary action against the registrant. 28
28 Health Insurance Act 1973 (Cwlth), section 82 (Definitions of inappropriate
practice)
s 125 89 s 126
Health Practitioners (Professional Standards)
Division 3--Starting disciplinary proceedings 1
disciplinary proceedings may be started 2
When
125.(1) A registrant's board may start disciplinary proceedings against 3
the registrant if it reasonably believes a disciplinary matter exists in relation 4
to the registrant. 5
(2) Without limiting subsection (1), a registrant's board may start 6
disciplinary proceedings against the registrant on the basis of-- 7
(a) a single complaint received about the registrant; or 8
(b) a number of complaints about the registrant, including, for 9
example, a number of complaints suggesting a pattern of conduct 10
or practice. 11
(3) A registrant's board may start disciplinary proceedings against the 12
registrant without having conducted an investigation under the investigation 13
part. 14
(4) Also, a board may start disciplinary proceedings under subsection (1) 15
on the basis of more than 1 disciplinary matter. 16
disciplinary proceedings may be started 17
How
126.(1) A registrant's board may start disciplinary proceedings against 18
the registrant by-- 19
(a) taking disciplinary proceedings itself or establishing a disciplinary 20
committee to conduct the proceedings; or 21
(b) referring the disciplinary matter for hearing by a panel or the 22
tribunal. 23
(2) Disciplinary proceedings are started by-- 24
(a) if the board is taking the proceedings itself or establishing a 25
disciplinary committee to conduct the proceedings--the board or 26
disciplinary committee giving a notice to the registrant and other 27
s 126 90 s 126
Health Practitioners (Professional Standards)
relevant persons under section 131 or 153;29 or 1
(b) if the board refers the disciplinary matter for hearing by a 2
panel--the board filing a written notice (a "referral notice") with 3
the secretary; or 4
(c) if the board refers the disciplinary matter for hearing by the 5
tribunal--the board filing a written notice (also a "referral 6
notice") with the registrar. 7
(3) A referral notice must state-- 8
(a) the name of-- 9
(i) the registrant; and 10
(ii) the complainant, if the disciplinary proceedings relate to a 11
complaint; and 12
(b) an address for service of documents on each of the following-- 13
(i) the registrant; 14
(ii) the board; 15
(iii) the complainant, if the disciplinary proceedings relate to a 16
complaint; 17
(iv) the commissioner; and 18
(c) the ground for disciplinary action against the registrant; and 19
(d) the facts and circumstances forming the basis for the ground; and 20
(e) if, under section 120(3),30 the registrant elected to have the 21
disciplinary matter dealt with by the tribunal--that the matter is 22
being referred to the tribunal at the election of the registrant. 23
29 Sections 131 (Notice of intention to conduct disciplinary proceedings by hearing)
and 153 (Notice of intention to conduct disciplinary proceedings by
correspondence)
30 Section 120 (Board must give notice about investigation to registrant and other
persons)
s 127 91 s 129
Health Practitioners (Professional Standards)
4--Disciplinary proceedings conducted by board 1
Division
Subdivision 1--Boards' jurisdiction to conduct disciplinary proceedings 2
and form of proceedings 3
jurisdiction to conduct disciplinary proceedings 4
Boards'
127.(1) A board has power to conduct disciplinary proceedings relating 5
to disciplinary matters about its registrants. 6
(2) A board may start or continue disciplinary proceedings relating to 7
1 of its registrants despite a proceeding before any court or tribunal, unless a 8
court or tribunal with the necessary jurisdiction orders otherwise. 9
of disciplinary proceedings 10
Form
128.(1) A board may-- 11
(a) conduct disciplinary proceedings itself; or 12
(b) establish a committee (a "disciplinary committee"), consisting 13
of some of the board's members, to conduct the proceedings. 14
(2) If the board establishes a disciplinary committee, it must appoint 1 of 15
the committee members as chairperson of the committee. 16
(3) Disciplinary proceedings conducted by a board or disciplinary 17
committee may take the form of-- 18
(a) a hearing before the board or disciplinary committee; or 19
(b) written correspondence between the board or disciplinary 20
committee and the registrant. 21
disciplinary matters 22
Additional
129.(1) If, during disciplinary proceedings, it appears to the board or 23
disciplinary committee that another disciplinary matter relating to the 24
registrant exists in addition to the matter the subject of the proceedings, the 25
board or committee may deal with it in the same proceedings. 26
(2) If the board or disciplinary committee decides to deal with an 27
s 130 92 s 131
Health Practitioners (Professional Standards)
additional disciplinary matter under subsection (1) the board or 1
committee-- 2
(a) if the registrant agrees--may continue with the disciplinary 3
proceedings or adjourn the proceedings for a particular period; or 4
(b) otherwise--must adjourn the disciplinary proceedings for the 5
period it considers fair in the circumstances before continuing 6
with the proceedings. 7
(3) Subsection (2) does not affect the power of the board or disciplinary 8
committee under section 144(2).31 9
Subdivision 2--Disciplinary proceedings in form of a hearing 10
of sdiv 2 11
Application
130. This subdivision applies if disciplinary proceedings against a 12
registrant by the registrant's board, or a disciplinary committee established 13
by the board, take the form of a hearing. 14
of intention to conduct disciplinary proceedings by hearing 15
Notice
131.(1) The board or disciplinary committee must give written notice (a 16
"hearing notice") about its intention to conduct a hearing of a disciplinary 17
matter relating to the registrant to the following persons-- 18
(a) the registrant; 19
(b) the complainant, if the disciplinary proceedings relate to a 20
complaint; 21
(c) the commissioner.32 22
(2) The hearing notice must state the following-- 23
31 Section 144 (Board or disciplinary committee may proceed in absence of
registrant or may adjourn hearing)
32 Under the Health Rights Commission Act 1991, section 130, the commissioner
may intervene in disciplinary proceedings if the proceeding is taken against a
registered provider for a matter because of a health service complaint or an
inquiry matter and the proceeding is before a disciplinary body.
s 132 93 s 132
Health Practitioners (Professional Standards)
(a) the ground for the disciplinary action against the registrant; 1
(b) the facts and circumstances forming the basis for the ground; 2
(c) the time and place of the hearing; 3
(d) that the registrant must attend the hearing; 4
(e) that the complainant, if any, may attend the hearing, unless the 5
board or disciplinary committee directs that the complainant must 6
not attend before giving evidence; 7
(f) that the registrant or complainant may be accompanied by a 8
lawyer or another person; 9
(g) if the registrant was not given a notice under section 12033-- 10
(i) that the registrant may, within 14 days after receiving the 11
hearing notice, elect to have the matter dealt with by the 12
tribunal; and 13
(ii) that, if the matter is dealt with by the board, there is no right 14
of appeal against the board's decision. 15
(3) The time for the hearing, as stated in the hearing notice, must be at 16
least 14 days after the registrant receives the notice. 17
service on registrant and complainant 18
Substituted
132.(1) A board or disciplinary committee may order substituted service 19
of a hearing notice on a registrant or complainant, if the board or committee 20
is satisfied service can not be effected on the registrant or complainant. 21
(2) Substituted service may be effected in any way ordered, including, for 22
example, by facsimile or telephone. 23
(3) If the registrant or complainant is served with the hearing notice as 24
ordered by the board or disciplinary committee under subsection (1), the 25
notice is taken to have been given to the registrant or complainant under 26
section 131. 27
33 Section 120 (Board must give notice about investigation to registrant and other
persons)
s 133 94 s 134
Health Practitioners (Professional Standards)
may require referral to tribunal 1
Registrant
133.(1) This section applies if the registrant was not-- 2
(a) the subject of an investigation under the investigation part; and 3
(b) given a notice under section 120.34 4
(2) The registrant may elect to have the disciplinary matter dealt with by 5
the tribunal by, within 14 days after receiving the hearing notice, giving the 6
board written notice of the election. 7
(3) As soon as practicable after receiving a notice under subsection (2), 8
the board must refer the matter under section 126 for hearing by the 9
tribunal. 10
of board to refer matter to panel or tribunal etc. 11
Powers
134.(1) In conducting a hearing for a disciplinary matter relating to a 12
registrant, a board must immediately refer the matter under section 126 for 13
hearing by the tribunal if the board reasonably believes the matter may 14
provide a ground for suspending or cancelling the registrant's registration. 15
(2) Also, the board may, if it considers it appropriate-- 16
(a) refer the matter under section 126 for hearing by a panel or the 17
tribunal; or 18
(b) end the disciplinary proceedings and deal with the disciplinary 19
matter under the impairment part. 20
21
Example for subsection (2)(a)--
22
After referring a complaint about a registrant to the tribunal for disciplinary
23
proceedings, the board receives and starts to hear a second complaint about the
24
registrant. The board may decide to refer the second complaint to the tribunal.
(3) However, the board need not act under subsection (1) if it reasonably 25
believes the matter will not be substantiated. 26
(4) If the board refers a matter for hearing by a panel or the tribunal under 27
subsection (1) or (2)(a), the referral notice must be accompanied by-- 28
(a) a statement by the board about the reason for the referral; and 29
34 Section 120 (Board must give notice about investigation to registrant and other
persons)
s 135 95 s 135
Health Practitioners (Professional Standards)
(b) any comment or other information about the matter the board 1
considers appropriate. 2
(5) Also, the board must give notice that the matter has been referred for 3
hearing by a panel or the tribunal, or is to be dealt with under the 4
impairment part, to-- 5
(a) the registrant; and 6
(b) the complainant, if the disciplinary proceedings relate to a 7
complaint; and 8
(c) the commissioner. 9
of disciplinary committee to refer matter to panel or tribunal 10
Powers
etc. 11
135.(1) In conducting a hearing for a disciplinary matter relating to a 12
registrant, a disciplinary committee must direct the registrant's board to 13
immediately refer the matter under section 126 for hearing by the tribunal if 14
the committee reasonably believes the matter may provide a ground for 15
suspending or cancelling the registrant's registration. 16
(2) Also, the disciplinary committee may, if the committee considers it 17
appropriate-- 18
(a) direct the board to refer the matter under section 126 for hearing 19
by a panel or the tribunal; or 20
(b) end the disciplinary proceedings and refer the disciplinary matter 21
to the board for the board to deal with it under the impairment 22
part. 23
24
Example for subsection (2)(a)--
25
A disciplinary committee may consider it appropriate to direct the board to refer
26
the disciplinary matter to the tribunal if the committee becomes aware that
27
another disciplinary matter relating to the registrant has been referred to, or is
28
being heard by, the tribunal.
(3) However, the disciplinary committee need not act under 29
subsection (1) if it reasonably believes the matter will not be substantiated. 30
(4) If the disciplinary committee directs the board to refer the disciplinary 31
matter for hearing by a panel or the tribunal-- 32
s 136 96 s 136
Health Practitioners (Professional Standards)
(a) the disciplinary committee must prepare a statement stating why it 1
considers the matter must be referred to the tribunal; and 2
(b) the disciplinary committee may prepare any comment or other 3
information about the matter it considers appropriate; and 4
(c) the board must refer the matter under section 126 for hearing by a 5
panel or the tribunal as soon as practicable. 6
(5) If the disciplinary committee refers the disciplinary matter to the 7
board to be dealt with under the impairment part-- 8
(a) the disciplinary committee must give the board a statement stating 9
why it considers the matter must be dealt with under the 10
impairment part; and 11
(b) the disciplinary committee may give the board any comment or 12
other information about the matter it considers appropriate; and 13
(c) the board must deal with the matter under the impairment part as 14
soon as practicable. 15
(6) Also, the disciplinary committee must give notice that the committee 16
has directed the board to refer the disciplinary matter for hearing by a panel 17
or the tribunal, or has referred the matter to the board to be dealt with under 18
the impairment part, to-- 19
(a) the registrant; and 20
(b) the complainant, if the disciplinary proceedings relate to a 21
complaint; and 22
(c) the commissioner. 23
(7) The referral notice for a referral under subsection (4)(c) must be 24
accompanied by the statement of reasons, and any comments or other 25
information, about the matter prepared by the disciplinary committee. 26
for hearing by board or disciplinary committee 27
Procedure
136.(1) When conducting a hearing, a board or disciplinary committee-- 28
(a) must comply with natural justice; and 29
(b) must act as quickly, and with as little formality and technicality, as 30
is consistent with a fair and proper consideration of the issues 31
s 137 97 s 138
Health Practitioners (Professional Standards)
before it; and 1
(c) is not bound by the rules of evidence; and 2
(d) may inform itself of anything in the way it considers appropriate. 3
(2) The chairperson of the board or disciplinary committee may decide 4
the procedures to be followed for the hearing. 5
(3) However, the board or disciplinary committee must comply with this 6
division. 7
(4) Also, the board or disciplinary committee must-- 8
(a) tell the registrant-- 9
(i) the facts and circumstances forming the basis for the ground 10
for disciplinary action against the registrant; and 11
(ii) what possible disciplinary action the board or committee 12
may take under section 165 or 166;35 and 13
(b) if asked to do so by the registrant--explain to the registrant any 14
aspect of the board's or committee's procedures, or any decisions 15
or rulings, relating to the hearing; and 16
(c) ensure the registrant has the fullest opportunity practicable to be 17
heard. 18
and place of hearing 19
Time
137. A hearing conducted by a board or disciplinary committee must be 20
conducted at the times and places the chairperson of the board or committee 21
decides. 22
not open to the public 23
Hearing
138. A hearing before a board or disciplinary committee is not open to 24
the public. 25
35 Section 165 (Decision about disciplinary action relating to registrant) or
166 (Decision about disciplinary action relating to former registrant)
s 139 98 s 142
Health Practitioners (Professional Standards)
and appearance at hearing 1
Attendance
139.(1) At a hearing, the registrant may be accompanied by a lawyer or 2
another person but the lawyer or other person is not entitled to appear on 3
behalf of the registrant. 4
(2) Also, the complainant may attend the hearing and may be 5
accompanied by a lawyer or other person. 6
(3) The board or disciplinary committee may, if it considers it appropriate 7
or necessary, allow a person, other than a lawyer, to address the board on 8
the registrant's behalf.36 9
or disciplinary committee may exclude complainant from 10
Board
hearing 11
140.(1) This section applies if a complainant is to give evidence at the 12
hearing. 13
(2) The board or disciplinary committee may direct that the complainant 14
be excluded from a part or all of the hearing until the complainant gives 15
evidence, if the board or committee reasonably believes the attendance of the 16
complainant before giving evidence would seriously prejudice the fairness 17
of the hearing. 18
or disciplinary committee may exclude disruptive person from 19
Board
hearing 20
141. The board or disciplinary committee may direct a person attending 21
the hearing, other than the registrant, to leave if the person is disrupting the 22
hearing. 23
or disciplinary committee may be assisted by lawyer or other 24
Board
person 25
142.(1) A board or disciplinary committee may appoint a lawyer or other 26
person to assist the board or committee at the hearing. 27
36 See also Health Rights Commission Act 1991, section 130 (Commissioner may
intervene in disciplinary proceedings).
s 143 99 s 145
Health Practitioners (Professional Standards)
(2) The person appointed may advise the board or committee about 1
procedural matters relevant to the hearing but may not ask questions of the 2
registrant or other persons appearing at the hearing. 3
4
Witnesses
143.(1) A board or disciplinary committee may, by written notice given 5
to a person (an "attendance notice"), require the person to attend the 6
hearing at a stated reasonable time and place-- 7
(a) to give evidence or answer questions; or 8
(b) to produce a stated thing. 9
(2) The registrant may ask the board or disciplinary committee for an 10
attendance notice to be given to a person. 11
(3) The board or disciplinary committee must give the attendance notice 12
to the person unless the board or committee reasonably believes it is 13
unnecessary or inappropriate to do so. 14
or disciplinary committee may proceed in absence of registrant 15
Board
or may adjourn hearing 16
144.(1) At a hearing, the board or disciplinary committee may proceed in 17
the absence of the registrant if it reasonably believes the registrant has been 18
given notice of the hearing. 19
(2) The board or disciplinary committee may adjourn the hearing from 20
time to time. 21
to be decided by majority of board or disciplinary 22
Questions
committee 23
145. A question before the board or disciplinary committee must be 24
decided by a majority vote of the board or committee members and, if the 25
votes are equal, the chairperson of the board or committee has a casting 26
vote. 27
s 146 100 s 147
Health Practitioners (Professional Standards)
if board member absent etc. 1
Procedure
146.(1) This section applies if-- 2
(a) a board has started to hear a disciplinary matter relating to a 3
registrant but has not made its decision under subdivision 5;37 and 4
(b) a board member ceases to be a board member or, for any other 5
reason, is unable to take further part in the disciplinary 6
proceedings. 7
(2) The remaining board members may continue to hear the matter 8
provided there is a quorum of board members. 9
(3) If there is not a quorum, the board must adjourn the matter until a 10
quorum of board members is available. 11
(4) For this section, a quorum of board members means the number of 12
members required for a quorum stated under the board's health practitioner 13
registration Act. 14
if committee member absent etc. 15
Procedure
147.(1) This section applies if-- 16
(a) a disciplinary committee has started to hear a disciplinary matter 17
relating to a registrant but has not made its decision under 18
subdivision 5; and 19
(b) a committee member ceases to be a committee member or, for 20
any other reason, is unable to take further part in the disciplinary 21
proceedings. 22
(2) The remaining committee members may, if the registrant to whom 23
the disciplinary proceedings relate consents, constitute the disciplinary 24
committee for completing the proceedings and making a decision under 25
subdivision 5. 26
(3) If the registrant does not consent to the remaining committee 27
members constituting the disciplinary committee, the board must-- 28
(a) establish a new disciplinary committee to hear the proceedings; or 29
37 Subdivision 5 (Decision on completion of disciplinary proceedings)
s 148 101 s 149
Health Practitioners (Professional Standards)
(b) conduct the proceedings itself. 1
(4) A member of the disciplinary committee first established to hear the 2
disciplinary proceedings may be appointed to the new disciplinary 3
committee. 4
(5) If the committee member mentioned in subsection (1)(b) is the 5
chairperson of the disciplinary committee and the remaining committee 6
members constitute the committee for completing the proceedings, the 7
board must appoint another member of the committee to be the chairperson 8
of the committee. 9
of things 10
Inspection
148.(1) If a thing is produced to a board or disciplinary committee at a 11
hearing, the board or committee may inspect it. 12
(2) The board or disciplinary committee may do all or any of the 13
following if the board or committee reasonably considers the thing may be 14
relevant to the hearing-- 15
(a) photograph the thing; 16
(b) for a document--make a copy of, or take an extract from, it; 17
(c) keep the thing while it is necessary for the hearing and any appeal 18
relating to the hearing. 19
(3) If the board or disciplinary committee keeps the thing, the board or 20
committee must permit a person otherwise entitled to possession of the 21
thing to-- 22
(a) for a document--inspect, make a copy of, or take an extract from, 23
the document, at the reasonable time and place the board or 24
committee decides; and 25
(b) for another thing--inspect or photograph the thing, at the 26
reasonable time and place the board or committee decides. 27
and findings etc. in other proceedings may be received or 28
Evidence
adopted 29
149. During the hearing, the board or disciplinary committee may-- 30
s 150 102 s 152
Health Practitioners (Professional Standards)
(a) receive in evidence a transcript, or part of a transcript, of evidence 1
taken in a proceeding before a disciplinary body or a court, 2
tribunal or other entity constituted under the law of the State, the 3
Commonwealth, another State or a foreign country, and draw 4
conclusions of fact from the evidence that it considers appropriate; 5
and 6
(b) adopt, as it considers appropriate, decisions, findings, judgments, 7
or reasons for judgment, of the disciplinary body, court, tribunal 8
or entity that may be relevant to the hearing. 9
to witnesses 10
Allowance
150.(1) A witness who appears at a hearing before a board or disciplinary 11
committee is entitled to be paid the allowance prescribed under a regulation 12
for attendance at the hearing. 13
(2) The allowance must be paid by-- 14
(a) the registrant, if the registrant calls the witness; or 15
(b) the board, if the board or disciplinary committee calls the witness; 16
or 17
(c) the commissioner, if the commissioner calls the witness. 18
or disciplinary committee to keep record of disciplinary 19
Board
proceedings 20
151.(1) A board or disciplinary committee must keep, in the way it 21
considers appropriate, a record of evidence given to it in relation to 22
disciplinary proceedings. 23
(2) However, a board or disciplinary committee is not required to keep a 24
transcript of disciplinary proceedings conducted before it. 25
Subdivision 3--Disciplinary proceedings by correspondence 26
of sdiv 3 27
Application
152. This subdivision applies if disciplinary proceedings relating to a 28
s 153 103 s 153
Health Practitioners (Professional Standards)
registrant by the registrant's board, or a disciplinary committee established 1
by the board, take the form of written correspondence between the board or 2
committee and the registrant. 3
of intention to conduct disciplinary proceedings by 4
Notice
correspondence 5
153.(1) The board or disciplinary committee must give notice about its 6
intention to conduct disciplinary proceedings about a disciplinary matter 7
relating to the registrant by correspondence to the following-- 8
(a) the registrant; 9
(b) the complainant, if the disciplinary proceedings relate to a 10
complaint; 11
(c) the commissioner.38 12
(2) The notice must state the following-- 13
(a) the ground for the disciplinary action against the registrant; 14
(b) the facts and circumstances forming the basis for the ground; 15
(c) that the registrant may give the board or disciplinary committee a 16
written submission about the ground within the period stated in 17
the notice; 18
(d) that, even if the registrant fails to make a submission, the board or 19
committee may-- 20
(i) continue the disciplinary proceedings under this subdivision; 21
and 22
(ii) make a decision under subdivision 5 about whether the 23
ground for disciplinary action is established; 24
(e) if the registrant was not given a notice under section 12039-- 25
38 Under the Health Rights Commission Act 1991, section 130, the commissioner
may intervene in disciplinary proceedings if the proceeding is taken against a
registered provider for a matter because of a health service complaint or an
inquiry matter and the proceeding is before a disciplinary body.
39 Section 120 (Board must give notice about investigation to registrant and other
persons)
s 154 104 s 155
Health Practitioners (Professional Standards)
(i) that the registrant may, within 14 days after receiving the 1
notice given under subsection (1), elect to have the matter 2
dealt with by the tribunal; and 3
(ii) that, if the matter is dealt with by the board, there is no right 4
of appeal against the board's decision. 5
(3) The period for making a submission, as stated in the notice under 6
subsection (2)(c), must be at least 14 days after the registrant receives the 7
notice. 8
service on registrant or complainant 9
Substituted
154.(1) The board or disciplinary committee may order substituted 10
service of a notice under section 153 on a registrant or complainant if the 11
board or committee is satisfied service can not be effected on the registrant 12
or complainant. 13
(2) Substituted service may be effected in any way ordered, including, for 14
example, facsimile or telephone. 15
(3) If the registrant or complainant is served with a notice as ordered by 16
the board or disciplinary committee under subsection (1), the notice is taken 17
to have been given to the registrant or complainant under section 153. 18
may require referral to tribunal 19
Registrant
155.(1) This section applies if the registrant was not-- 20
(a) the subject of an investigation under the investigation part; and 21
(b) given a notice under section 120. 22
(2) The registrant may elect to have the disciplinary matter dealt with by 23
the tribunal by, within 14 days after receiving the board's or committee's 24
notice under section 153, giving the board written notice of the election. 25
(3) As soon as practicable after receiving a notice under subsection (2), 26
the board must refer the matter under section 126 for hearing by the 27
tribunal. 28
s 156 105 s 158
Health Practitioners (Professional Standards)
or disciplinary committee may require other information 1
Board
156.(1) For conducting disciplinary proceedings by correspondence, the 2
board or disciplinary committee may, by written notice given to the 3
registrant or another person, require the registrant or other person to give the 4
board or committee information, including a document, relevant to the 5
disciplinary proceedings. 6
(2) If a document is given to the board or disciplinary committee under 7
subsection (1), the board or committee may make a copy of, or take an 8
extract from, it. 9
of board or committee to continue disciplinary proceedings 10
Power
without receiving registrant's submission 11
157.(1) This section applies if the registrant does not make a written 12
submission about the ground for disciplinary action as stated by a notice 13
given to the registrant by the board or disciplinary committee under 14
section 153, or give information as required under section 156. 15
(2) The board or disciplinary committee may-- 16
(a) continue the disciplinary proceedings; and 17
(b) make a decision under subdivision 5 about whether the ground 18
for disciplinary action is established. 19
Subdivision 4--Offences relating to disciplinary proceedings dealt with 20
by board or disciplinary committee 21
about attending hearing, answering questions and related 22
Offences
matters 23
158.(1) A registrant given a hearing notice, or a person given an 24
attendance notice must not fail, without reasonable excuse-- 25
(a) to attend as required by the notice; or 26
(b) to continue to attend as required by the board or disciplinary 27
committee until excused from further attendance. 28
Maximum penalty--60 penalty units. 29
s 159 106 s 162
Health Practitioners (Professional Standards)
(2) At a hearing, a person appearing as a witness must not-- 1
(a) fail to take an oath or make an affirmation when required by the 2
board or disciplinary committee; or 3
(b) fail, without reasonable excuse, to answer a question the person is 4
required to answer by the board or a committee member; or 5
(c) fail, without reasonable excuse, to produce a thing the person is 6
required to produce by an attendance notice. 7
Maximum penalty for subsection (2)--60 penalty units. 8
for failing to give information 9
Offence
159. A person given a notice under section 156 must not fail, without 10
reasonable excuse, to give the board or disciplinary committee the 11
information the person is required to give by the notice. 12
Maximum penalty--60 penalty units. 13
14
Self-incrimination
160. For section 158 or 159, it is a reasonable excuse for an individual to 15
fail to answer a question, produce a thing or give information, if answering 16
the question, producing the thing or giving the information might tend to 17
incriminate the individual. 18
or misleading information 19
False
161. A person must not state anything to a board or disciplinary 20
committee, for disciplinary proceedings under this division, that the person 21
knows is false or misleading in a material particular. 22
Maximum penalty--60 penalty units. 23
or misleading documents 24
False
162.(1) A person must not give to a board or disciplinary committee, for 25
disciplinary proceedings under this division, a document containing 26
information the person knows is false or misleading in a material particular. 27
s 163 107 s 164
Health Practitioners (Professional Standards)
Maximum penalty--60 penalty units. 1
(2) Subsection (1) does not apply to a person who, when giving the 2
document-- 3
(a) informs the board or disciplinary committee, to the best of the 4
person's ability, how it is false or misleading; and 5
(b) gives the correct information to the board or disciplinary 6
committee if the person has, or can reasonably obtain, the correct 7
information. 8
of board or disciplinary committee 9
Contempt
163. At a hearing before a board or disciplinary committee, a person 10
must not-- 11
(a) insult the board or committee or a board or committee member; 12
or 13
(b) deliberately interrupt the hearing; or 14
(c) create or continue, or join in creating or continuing, a disturbance 15
in or near a place where the board or committee is conducting the 16
hearing; or 17
(d) without lawful excuse, disobey a lawful order or direction of the 18
board or committee; or 19
(e) do anything else that would be contempt of court if the board or 20
committee were a court of record. 21
Maximum penalty--100 penalty units. 22
Subdivision 5--Decision on completion of disciplinary proceedings 23
about whether ground for disciplinary action established 24
Decision
164.(1) As soon as practicable after completing a hearing of a 25
disciplinary matter relating to a registrant under subdivision 2, or within 26
14 days after the end of the period for making a submission stated in the 27
s 165 108 s 165
Health Practitioners (Professional Standards)
notice given to a registrant under section 153,40 the board or disciplinary 1
committee must decide whether a ground for disciplinary action against the 2
registrant is established. 3
(2) If the board or disciplinary committee is making a decision about 4
whether the registrant has behaved in a way that constitutes unsatisfactory 5
professional conduct, the board or committee-- 6
(a) must have regard to any relevant codes of practice; and 7
(b) must have regard to any relevant previous decision by a 8
disciplinary body or the Medical Assessment Tribunal of which 9
the board or committee is aware; and 10
(c) may have regard to any relevant previous decisions by a foreign 11
disciplinary body. 12
(3) For subsection (2)(b), the board or disciplinary committee is entitled 13
to access the previous decisions of other disciplinary bodies or the Medical 14
Assessment Tribunal and the reasons for the decisions. 15
(4) Subsection (2) does not limit the matters the board or disciplinary 16
committee may consider in making its decision. 17
about disciplinary action relating to registrant 18
Decision
165.(1) This section applies if, under section 164(1), a board or 19
disciplinary committee decides a ground for disciplinary action is 20
established against a registrant who is registered at the time of the decision. 21
(2) The board or disciplinary committee must-- 22
(a) advise, caution or reprimand the registrant or require the registrant 23
to attend, at a stated reasonable time and place, to be advised, 24
cautioned or reprimanded; or 25
(b) with the registrant's agreement, enter into an undertaking with the 26
registrant about the registrant's professional conduct or practice. 27
(3) Also, the board or disciplinary committee must decide-- 28
(a) for a decision to advise, caution or reprimand the registrant-- 29
40 Section 153 (Notice of intention to conduct disciplinary proceedings by
correspondence)
s 166 109 s 167
Health Practitioners (Professional Standards)
(i) whether the disciplinary action must be recorded in the 1
board's register; and 2
(ii) for a disciplinary action that must be recorded in the 3
register--the period for which it must be recorded; and 4
(b) for a decision to enter into an undertaking with the 5
registrant--whether details of the undertaking must be recorded in 6
the board's register for the period for which the undertaking is in 7
force. 8
(4) The board or disciplinary committee must decide that details of an 9
undertaking must be recorded in the board's register, unless it reasonably 10
believes it is not in the interests of users of the registrant's services or the 11
public to know the details. 12
about disciplinary action relating to former registrant 13
Decision
166.(1) This section applies if, under section 164(1), a board or 14
disciplinary committee decides a ground for disciplinary action is 15
established against a person who was a registrant but is not registered for 16
the relevant profession at the time of the board's or committee's decision. 17
(2) The board or disciplinary committee must decide-- 18
(a) to take no further action relating to the matter; or 19
(b) that a form of disciplinary action mentioned in section 165(2)(a) 20
would have been taken if the person were still registered. 21
board or disciplinary committee must consider in making 22
Matters
decision about disciplinary action 23
167.(1) In making its decision under section 165 or 166, the board or 24
disciplinary committee-- 25
(a) must have regard to the purposes of disciplinary action mentioned 26
in section 123; and 27
(b) must have regard to any relevant previous decisions about the 28
registrant by a disciplinary body or the Medical Assessment 29
Tribunal of which the board or committee is aware; and 30
(c) may have regard to any relevant previous decisions about the 31
s 168 110 s 168
Health Practitioners (Professional Standards)
registrant by a foreign regulatory authority. 1
(2) For subsection (1)(b), the board or disciplinary committee is entitled 2
to access the previous decisions of other disciplinary bodies or the Medical 3
Assessment Tribunal and the reasons for the decisions. 4
(3) Subsection (1) does not limit the matters the board or disciplinary 5
committee may consider in making its decision. 6
Subdivision 6--Action after decision about disciplinary action 7
of decision 8
Notification
168.(1) The board or disciplinary committee must, as soon as practicable 9
after making its decision under section 164, 165 or 166, give written notice 10
of its decision to-- 11
(a) the registrant; and 12
(b) the complainant, if the disciplinary proceedings relate to a 13
complaint; and 14
(c) the commissioner. 15
(2) The notice must state the following-- 16
(a) the board's or disciplinary committee's decision-- 17
(i) if the notice relates to the board's or committee's decision 18
under section 164--about whether a ground for disciplinary 19
action against the registrant is established; and 20
(ii) if the notice relates to the board's or committee's decision 21
under section 165 or 166--about the disciplinary action the 22
board or committee has decided to take; 23
(b) the reasons for the decision, including the reasons for any 24
proposed disciplinary action; 25
(c) the board's or committee's decisions on material questions of fact 26
arising during the disciplinary proceedings; 27
(d) by reference or otherwise, any evidence or other material on 28
which the board's or committee's decisions about material 29
questions of fact were based. 30
s 169 111 s 170
Health Practitioners (Professional Standards)
(3) Also, the board or disciplinary committee may give notice of its 1
decision to any other person given an attendance notice for the hearing. 2
(4) The decision takes effect on the later of-- 3
(a) the day the notice is given to the registrant; or 4
(b) the day of effect stated in the notice. 5
information to be included in notice 6
Additional
169.(1) This section applies if the board or disciplinary committee 7
decides, under section 164(1), that a ground for disciplinary action against 8
the registrant is established. 9
(2) The notice under section 168 must also state-- 10
(a) for a decision to advise, caution or reprimand the registrant-- 11
(i) whether the disciplinary action must be recorded in the 12
board's register; and 13
(ii) if it must be recorded in the board's register--the period for 14
which it must be recorded in the register; and 15
(b) for a decision to enter into an undertaking with the registrant-- 16
(i) the fact that an undertaking has been entered into must be 17
recorded in the board's register for the period for which the 18
undertaking is in force; and 19
(ii) if details of the undertaking must be recorded in the 20
register--the details that must be recorded in the register for 21
the period for which the undertaking is in force; and 22
(iii) if details of the undertaking must not be recorded--the 23
reason why the details must not be recorded. 24
action to be recorded in board's register 25
Disciplinary
170.(1) This section applies if the board or disciplinary committee 26
decides a ground for disciplinary action against the registrant is established. 27
(2) As soon as practicable after the board or disciplinary committee 28
makes its decision, the board must record in its register-- 29
s 171 112 s 172
Health Practitioners (Professional Standards)
(a) for a decision to advise, caution or reprimand the registrant and 1
record the action in the board's register--that the particular 2
disciplinary action was taken against the registrant; and 3
(b) for a decision to enter into an undertaking with the registrant-- 4
(i) that an undertaking has been entered into between the 5
registrant and the board; and 6
(ii) if the board or committee decides under section 165(3) that 7
details of the undertaking must be recorded in the board's 8
register--the details. 9
(3) If the board records details of disciplinary action or an undertaking in 10
its register, the details must remain in the register-- 11
(a) for a decision to advise, caution or reprimand the registrant--for 12
the period decided by the board or disciplinary committee; or 13
(b) for a decision to enter into an undertaking--for the period for 14
which the undertaking is in force. 15
Division 5--Professional conduct review panels 16
Subdivision 1--Jurisdiction of panels 17
jurisdiction to conduct disciplinary proceedings 18
Panels'
171.(1) A panel established to hear a disciplinary matter relating to a 19
registrant has power to conduct disciplinary proceedings for the matter. 20
(2) The panel may start or continue the disciplinary proceedings relating 21
to the registrant despite a proceeding before any court or tribunal, unless a 22
court or tribunal with the necessary jurisdiction orders otherwise. 23
(3) A panel may deal with more than 1 disciplinary matter relating to the 24
same registrant in the same disciplinary proceedings. 25
disciplinary matters 26
Additional
172.(1) If, during disciplinary proceedings, it appears to the panel that 27
another disciplinary matter relating to the registrant exists in addition to the 28
s 173 113 s 174
Health Practitioners (Professional Standards)
matter the subject of the proceedings, the panel may take that other matter to 1
have been referred to it under section 126 and may deal with it in the same 2
proceedings. 3
(2) If the panel decides to deal with an additional disciplinary matter 4
under subsection (1), the panel-- 5
(a) if the registrant agrees--may continue with the disciplinary 6
proceedings or adjourn the proceedings for a particular period; or 7
(b) otherwise--must adjourn the disciplinary proceedings for the 8
period it considers fair in the circumstances before continuing 9
with the proceedings. 10
(3) Subsection (2) does not affect the power of a panel under 11
section 187(2).41 12
(4) This section does not apply to the proceedings of a review panel. 13
2--Procedural matters 14
Subdivision
to disciplinary proceedings 15
Parties
173. The parties to disciplinary proceedings before a panel are-- 16
(a) the registrant to whom the proceedings relate; and 17
(b) the registrant's board; and 18
(c) if the commissioner intervenes in the proceedings under the 19
Health Rights Commission Act 1991, section 130, the 20
commissioner. 21
of intention to conduct hearing 22
Notice
174.(1) The secretary must give written notice (a "hearing notice") 23
about the panel's intention to conduct a hearing of a disciplinary matter 24
relating to the registrant to the following persons-- 25
(a) the registrant; 26
41 Section 187 (Panel may proceed in absence of party or may adjourn hearing)
s 175 114 s 175
Health Practitioners (Professional Standards)
(b) the registrant's board; 1
(c) the complainant, if the disciplinary proceedings relate to a 2
complaint; 3
(d) the commissioner. 4
(2) The hearing notice must state the following-- 5
(a) the ground for the disciplinary action against the registrant; 6
(b) the facts and circumstances forming the basis for the ground; 7
(c) the time and place of the hearing; 8
(d) that the registrant must attend the hearing; 9
(e) that the board may, under section 182,42 nominate a board 10
member or other person to appear at the hearing on behalf of the 11
board; 12
(f) that the complainant, if any, may attend the hearing, unless the 13
panel directs that the complainant must not attend before giving 14
evidence; 15
(g) that the registrant, board's nominee or complainant may be 16
accompanied by a lawyer or another person; 17
(h) if the registrant was not given a notice under section 120--that the 18
registrant may, within 14 days after receiving the hearing notice, 19
elect to have the matter dealt with by the tribunal.43 20
(3) The time for the hearing, as stated in the hearing notice, must be at 21
least 14 days after the registrant receives the notice. 22
service on registrant and complainant 23
Substituted
175.(1) The secretary may order substituted service of a hearing notice on 24
a registrant or complainant about the panel's intention to conduct a hearing, 25
if the secretary is satisfied service can not be effected on the registrant or 26
complainant. 27
42 Section 182 (Appearance and attendance at hearing)
43 Section 120 (Board must give notice about investigation to registrant and other
persons)
s 176 115 s 177
Health Practitioners (Professional Standards)
(2) Substituted service may be effected in any way ordered, including, for 1
example, by facsimile or telephone. 2
(3) If the registrant or complainant is served with the hearing notice as 3
ordered by the secretary under subsection (1), the notice is taken to have 4
been given to the registrant or complainant under section 174. 5
conference 6
Pre-hearing
176.(1) The panel may, before the hearing starts, hold a conference for 7
considering, or giving directions about, any matter or proceeding within its 8
jurisdiction. 9
(2) Without limiting subsection (1), the panel may give directions 10
requiring the parties to make discovery or allow inspection of evidentiary 11
material. 12
(3) At or after the conference, the panel may give the directions about the 13
matter or proceeding that it considers appropriate. 14
(4) A conference may be held, and directions given, on the application of 15
a party or on the panel's own initiative. 16
(5) A conference may be conducted, and directions given, by telephone, 17
video link or another form of communication. 18
(6) The panel may delegate the power to hold a pre-hearing conference to 19
the secretary. 20
may require referral to tribunal 21
Registrant
177.(1) This section applies if the registrant was not-- 22
(a) the subject of an investigation under the investigation part; and 23
(b) given a notice under section 120.44 24
(2) The registrant may elect to have the disciplinary matter dealt with by 25
the tribunal by, within 14 days after receiving the hearing notice, giving the 26
panel written notice of the election. 27
44 Section 120 (Board must give notice about investigation to registrant and other
persons)
s 178 116 s 178
Health Practitioners (Professional Standards)
(3) As soon as practicable after receiving a notice under subsection (2), 1
the panel must direct the registrant's board to refer the matter under 2
section 126 for hearing by the tribunal. 3
(4) As soon as practicable after receiving a direction under subsection (3), 4
the board must comply with the direction. 5
of panel to direct referral of matter to tribunal etc. 6
Powers
178.(1) In conducting a hearing for a disciplinary matter relating to a 7
registrant, a panel must direct the board to immediately refer the matter 8
under section 12645 for hearing by the tribunal if the panel reasonably 9
believes the matter may provide a ground for suspending or cancelling the 10
registrant's registration. 11
(2) Also, the panel may, if it considers it appropriate, direct the board-- 12
(a) to refer the matter under section 126 for hearing by the tribunal; or 13
(b) to deal with the matter under the impairment part. 14
15
Example for subsection (2)(a)--
16
A panel may consider it appropriate to refer a disciplinary matter to the tribunal if
17
the panel becomes aware that another complaint about the registrant has been
18
referred to, or is being heard by, the tribunal.
(3) However, the panel need not act under subsection (1) if it reasonably 19
believes the matter will not be substantiated. 20
(4) If the panel directs the board to refer the disciplinary matter for 21
hearing by the tribunal-- 22
(a) the panel must prepare a statement stating why it considers the 23
matter must be referred to the tribunal; and 24
(b) the panel may prepare any comment or other information about 25
the matter it considers appropriate; and 26
(c) the board must refer the matter under section 126 for hearing by 27
the tribunal as soon as practicable. 28
(5) If the panel directs the board to deal with the disciplinary matter under 29
the impairment part-- 30
45 Section 126 (How disciplinary proceedings may be started)
s 179 117 s 179
Health Practitioners (Professional Standards)
(a) the panel must give the board a statement stating why it considers 1
the matter must be dealt with under the impairment part; and 2
(b) the panel may give the board any comment or other information 3
about the matter it considers appropriate; and 4
(c) the board must deal with the matter under the impairment part as 5
soon as practicable. 6
(6) Also, the secretary must give notice that the panel has directed the 7
board to refer the disciplinary matter for hearing by the tribunal, or to deal 8
with the matter under the impairment part, to-- 9
(a) the registrant; and 10
(b) the complainant, if the disciplinary proceedings relate to a 11
complaint; and 12
(c) the commissioner. 13
(7) The referral notice for a referral under subsection (4)(c) must be 14
accompanied by the statement of reasons, and any comments or other 15
information, about the matter prepared by the panel. 16
for hearing by panel 17
Procedure
179.(1) When conducting a hearing, a panel-- 18
(a) must comply with natural justice; and 19
(b) must act as quickly, and with as little formality and technicality, as 20
is consistent with a fair and proper consideration of the issues 21
before it; and 22
(c) is not bound by the rules of evidence; and 23
(d) may inform itself of anything in the way it considers appropriate. 24
(2) The chairperson of the panel may decide the procedures to be 25
followed for the hearing. 26
(3) However, the panel must comply with this division. 27
(4) Also, the panel must-- 28
(a) tell the parties to the disciplinary proceedings-- 29
(i) the facts and circumstances forming the basis for the ground 30
s 180 118 s 182
Health Practitioners (Professional Standards)
for disciplinary action against the registrant; and 1
(ii) what possible disciplinary action the panel may take under 2
section 201 or 203;46 and 3
(b) if asked to do so by a party--explain to the party any aspect of the 4
panel's procedures, or decisions or rulings, relating to the hearing; 5
and 6
(c) ensure the parties have the fullest opportunity practicable to be 7
heard. 8
and place of hearing 9
Time
180. A hearing conducted by a panel must be conducted at the times and 10
places the chairperson of the panel decides. 11
not open to the public 12
Hearing
181. A hearing before a panel is not open to the public. 13
and attendance at hearing 14
Appearance
182.(1) The board may nominate a board member or other person (the 15
"board's nominee") to appear at the hearing on behalf of the board. 16
(2) However, the board's nominee must not be a lawyer. 17
(3) At the hearing, the registrant or board's nominee may be 18
accompanied by a lawyer or another person but the lawyer or other person 19
is not entitled to appear on behalf of the registrant or nominee. 20
(4) Also, the complainant may attend the hearing and may be 21
accompanied by a lawyer or other person. 22
(5) The panel may, if it considers it appropriate or necessary, allow a 23
person, other than a lawyer, to address the panel on behalf of the registrant 24
or the board's nominee. 25
46 Section 201 (Decision about disciplinary action relating to registrant) or
203 (Decision about disciplinary action relating to former registrant)
s 183 119 s 186
Health Practitioners (Professional Standards)
may exclude complainant from hearing 1
Panel
183.(1) This section applies if a complainant is to give evidence at the 2
hearing. 3
(2) The panel may direct that the complainant be excluded from a part or 4
all of the hearing until the complainant gives evidence if the panel 5
reasonably believes the attendance of the complainant before giving 6
evidence would seriously prejudice the fairness of the hearing. 7
may exclude disruptive person from hearing 8
Panel
184. The panel may direct a person attending the hearing, other than the 9
registrant, to leave if the person is disrupting the hearing. 10
or other person may assist tribunal 11
Secretary
185.(1) A panel may be assisted by the secretary or a person appointed 12
by the secretary to assist the panel at the hearing. 13
(2) A person appointed by the secretary may be a lawyer. 14
(3) The secretary or other person may advise the panel about procedural 15
matters relevant to the hearing but may not ask questions of the parties or 16
other persons appearing at the hearing. 17
18
Witnesses
186.(1) The secretary may, by written notice given to a person (an 19
"attendance notice"), require the person to attend the hearing at a stated 20
reasonable time and place-- 21
(a) to give evidence or answer questions; or 22
(b) to produce a stated thing. 23
(2) A party may apply to the secretary, in the approved form, for an 24
attendance notice to be given to a person. 25
(3) The secretary must give the attendance notice to the person unless the 26
secretary reasonably believes it is unnecessary or inappropriate to do so. 27
s 187 120 s 189
Health Practitioners (Professional Standards)
may proceed in absence of party or may adjourn hearing 1
Panel
187.(1) At a hearing, the panel may proceed in the absence of a party if it 2
reasonably believes the party has been given notice of the hearing. 3
(2) The panel may adjourn the hearing from time to time. 4
to be decided by majority of panel 5
Questions
188. A question before the panel must be decided by a majority vote of 6
the members of the panel and, if the votes are equal, the chairperson of the 7
panel has a casting vote. 8
if panel member absent etc. 9
Procedure
189.(1) This section applies if-- 10
(a) a panel has started to hear disciplinary proceedings relating to a 11
registrant but has not made its decision under subdivision 4;47 and 12
(b) a member of the panel ceases to be a member or, for any other 13
reason, is unable to take further part in the disciplinary 14
proceedings. 15
(2) The remaining members of the panel may, if the registrant to whom 16
the disciplinary proceedings relate consents, constitute the panel for 17
completing the proceedings and making a decision under subdivision 4. 18
(3) If the registrant does not consent to the remaining members of the 19
panel constituting the panel, the secretary must establish a new panel to hear 20
the disciplinary proceedings. 21
(4) A member of the panel first established to hear the disciplinary 22
proceedings may be appointed to the new panel. 23
(5) If the member of the panel mentioned in subsection (1)(b) is the 24
chairperson of the panel and the remaining members of the panel constitute 25
the panel for completing the proceedings, the secretary must appoint another 26
member of the panel to be the chairperson of the panel. 27
47 Subdivision 4 (Decision on completion of disciplinary proceedings)
s 190 121 s 191
Health Practitioners (Professional Standards)
orders 1
Interim
190.(1) This section applies if-- 2
(a) a panel is hearing a disciplinary matter relating to a registrant; and 3
(b) the panel reasonably believes it is necessary to make an order (an 4
"interim order") exercising any power conferred on the panel 5
under section 201,48 pending its final decision. 6
(2) The panel may make the interim order. 7
(3) The interim order must be the least onerous order necessary in the 8
circumstances. 9
(4) The interim order has effect from the time it is made and ends when 10
the first of the following happens-- 11
(a) the proceedings in which the order is made end; 12
(b) the time stated in the order for it to end arrives; 13
(c) the panel revokes the order. 14
(5) For the interim order, the panel may direct the registrant's board to 15
include details of the order in the board's register. 16
(6) The registrant's board must give effect to the interim order and 17
comply with the panel's directions. 18
of things 19
Inspection
191.(1) If a thing is produced to a panel at a hearing, the panel may 20
inspect it. 21
(2) The panel may do all or any of the following if the panel reasonably 22
believes the thing may be relevant to the hearing-- 23
(a) photograph the thing; 24
(b) for a document--make a copy of, or take an extract from, it; 25
(c) keep the thing while it is necessary for the hearing and any appeal 26
relating to the hearing. 27
(3) If the panel keeps the thing, it must permit a person otherwise entitled 28
48 Section 201 (Decision about disciplinary action relating to registrant)
s 192 122 s 194
Health Practitioners (Professional Standards)
to possession of the thing to-- 1
(a) for a document--inspect, make a copy of, or take an extract from, 2
the document, at the reasonable time and place the panel decides; 3
and 4
(b) for another thing--inspect or photograph the thing, at the 5
reasonable time and place the panel decides. 6
and findings etc. in other proceedings may be received or 7
Evidence
adopted 8
192. During the hearing, the panel may-- 9
(a) receive in evidence a transcript, or part of a transcript, of evidence 10
taken in a proceeding before a disciplinary body or a court, 11
tribunal or other entity constituted under the law of the State, the 12
Commonwealth, another State or a foreign country, and draw 13
conclusions of fact from the evidence that it considers appropriate; 14
and 15
(b) adopt, as it considers appropriate, decisions, findings, judgments, 16
or reasons for judgment, of the disciplinary body, court, tribunal 17
or other entity that may be relevant to the hearing. 18
to witnesses 19
Allowance
193.(1) A witness who appears at a hearing before a panel is entitled to 20
be paid the allowance prescribed under a regulation for attendance at the 21
hearing. 22
(2) The allowance must be paid by the party calling the witness. 23
to keep record of disciplinary proceedings 24
Panel
194.(1) A panel must keep, in the way it considers appropriate, a record 25
of evidence given to it in relation to disciplinary proceedings. 26
(2) However, a panel is not required to keep a transcript of disciplinary 27
proceedings conducted before it unless it is asked to do so by a party. 28
(3) If a party or parties to the disciplinary proceedings ask the panel to 29
s 195 123 s 195
Health Practitioners (Professional Standards)
keep a transcript of proceedings, the cost of the transcription must be paid 1
by-- 2
(a) the party making the request; or 3
(b) if more than 1 party makes the request or asks for a copy of the 4
transcript--the parties making the request or asking for the copy, 5
in equal amounts. 6
Subdivision 3--Offences relating to disciplinary proceedings dealt with 7
by panel 8
about attending hearing, answering questions and related 9
Offences
matters 10
195.(1) A registrant given a hearing notice or a notice under section 11
321,49 or a person given an attendance notice, must not fail, without 12
reasonable excuse-- 13
(a) to attend as required by the notice; or 14
(b) to continue to attend as required by the chairperson of the panel 15
until excused from further attendance. 16
Maximum penalty--60 penalty units. 17
(2) At a hearing, a registrant or a person appearing as a witness must 18
not-- 19
(a) fail to take an oath or make an affirmation when required by the 20
chairperson of the panel; or 21
(b) fail, without reasonable excuse, to answer a question the person is 22
required to answer by a member of the panel; or 23
(c) fail, without reasonable excuse, to produce a thing the person is 24
required to produce by an attendance notice. 25
Maximum penalty for subsection (2)--60 penalty units. 26
49 Under section 321 (Notice about hearing), the secretary must give the parties
written notice about the review panel's intention to conduct a hearing for the
review.
s 196 124 s 199
Health Practitioners (Professional Standards)
1
Self-incrimination
196. For section 195, is a reasonable excuse for an individual to fail to 2
answer a question or to produce a thing, if answering the question or 3
producing the thing might tend to incriminate the individual. 4
or misleading information 5
False
197. A person must not state anything to a panel that the person knows is 6
false or misleading in a material particular. 7
Maximum penalty--60 penalty units. 8
or misleading documents 9
False
198.(1) A person must not give to a panel a document containing 10
information the person knows is false or misleading in a material particular. 11
Maximum penalty--60 penalty units. 12
(2) Subsection (1) does not apply to a person who, when giving the 13
document-- 14
(a) informs the panel, to the best of the person's ability, how it is 15
false or misleading; and 16
(b) gives the correct information to the panel if the person has, or can 17
reasonably obtain, the correct information. 18
of panel 19
Contempt
199. At a hearing before a panel, a person must not-- 20
(a) insult the panel or a member of the panel; or 21
(b) deliberately interrupt the hearing; or 22
(c) create or continue, or join in creating or continuing, a disturbance 23
in or near a place where the panel is conducting the hearing; or 24
(d) without lawful excuse, disobey any lawful order or direction of 25
the panel; or 26
(e) do anything else that would be contempt of court if the panel were 27
s 200 125 s 201
Health Practitioners (Professional Standards)
a court of record. 1
Maximum penalty--100 penalty units. 2
Subdivision 4--Decision on completion of disciplinary proceedings 3
about whether ground for disciplinary action established 4
Decision
200.(1) As soon as practicable after completing the hearing of a 5
disciplinary matter relating to a registrant, the panel must decide whether a 6
ground for disciplinary action against the registrant is established. 7
(2) If the panel is making a decision about whether the registrant has 8
behaved in a way that constitutes unsatisfactory professional conduct, the 9
panel-- 10
(a) must have regard to any relevant codes of practice; and 11
(b) must have regard to any relevant previous decision by a 12
disciplinary body or the Medical Assessment Tribunal of which 13
the panel is aware; and 14
(c) may have regard to any relevant previous decisions by a foreign 15
disciplinary body. 16
(3) Subsection (2) does not limit the matters the panel may consider in 17
making its decision. 18
(4) For subsection (2)(b), the panel is entitled to access the previous 19
decisions of other disciplinary bodies or the Medical Assessment Tribunal 20
and the reasons for the decisions. 21
(5) This section does not apply to a review panel. 22
about disciplinary action relating to registrant 23
Decision
201.(1) This section applies if, under section 200(1), a panel decides a 24
ground for disciplinary action is established against a registrant who is 25
registered at the time of the decision. 26
(2) The panel must decide to do 1 or more of the following-- 27
(a) advise, caution or reprimand the registrant; 28
s 202 126 s 202
Health Practitioners (Professional Standards)
(b) impose conditions on the registrant's registration, including, for 1
example, the following-- 2
(i) requiring the registrant not to carry out a type of practice or 3
procedure; 4
(ii) requiring the registrant not to provide services to a class of 5
persons; 6
(iii) requiring the registrant to carry out the registrant's practice 7
under supervision; 8
(iv) requiring the registrant to undertake an educational course, or 9
a continuing professional education activity, within a stated 10
reasonable time and report to the registrant's board after 11
completing the course or activity; 12
(v) requiring the registrant to obtain, and act on, advice from the 13
registrant's board or a stated person about the management 14
of the registrant's practice; 15
(vi) requiring the registrant to report about particular aspects of 16
the registrant's practice to the registrant's board or a stated 17
person; 18
(vii) requiring the registrant to report to the registrant's board, 19
within a stated reasonable time and in a stated reasonable 20
way, about the registrant's compliance with conditions 21
imposed by the panel; 22
(c) approve an undertaking entered into, with the registrant's 23
agreement, between the registrant and the registrant's board about 24
the registrant's professional conduct or practice. 25
(3) Also, if the panel decides to impose conditions on the registrant's 26
registration, the panel must state a period, not more than 3 years from the 27
day the decision takes effect, within which the registrant may not apply for a 28
review of the conditions under part 9, division 2. 29
about recording disciplinary action relating to registrant 30
Decision
202.(1) In making its decision under section 201(2), the panel must also 31
decide-- 32
s 203 127 s 203
Health Practitioners (Professional Standards)
(a) for a decision to advise, caution or reprimand the registrant-- 1
(i) whether the disciplinary action must be recorded in the 2
board's register; and 3
(ii) for disciplinary action that must be recorded in the 4
register--the period for which it must be recorded; and 5
(b) for a decision to impose conditions on the registrant's 6
registration--whether details of the conditions must be recorded 7
in the board's register for the period for which the conditions are 8
in force; and 9
(c) for a decision to approve an undertaking entered into between the 10
registrant and the board--whether details of the undertaking must 11
be recorded in the board's register for the period for which the 12
undertaking is in force. 13
(2) The panel must decide that details of the conditions or undertaking 14
must be recorded in the board's register, unless it reasonably believes it is 15
not in the interests of users of the registrant's services or the public to know 16
the details. 17
about disciplinary action relating to former registrant 18
Decision
203.(1) This section applies if, under section 200(1), a panel decides a 19
ground for disciplinary action is established against a person who was a 20
registrant but is not registered for the relevant profession at the time of the 21
panel's decision. 22
(2) The panel must decide-- 23
(a) to take no further action relating to the matter; or 24
(b) either or both of the following-- 25
(i) that a form of disciplinary action mentioned in 26
section 201(2)(a) or (b) would have been taken if the person 27
were still registered; 28
(ii) conditions that must be imposed on any future registration of 29
the person as a registrant in the relevant profession. 30
s 204 128 s 205
Health Practitioners (Professional Standards)
panel must consider in making decision about disciplinary 1
Matters
action 2
204.(1) In making its decision under section 201(2) or 203(2), the 3
panel-- 4
(a) must have regard to the purposes of disciplinary action mentioned 5
in section 123; and 6
(b) must have regard to any relevant previous decisions about the 7
registrant by a disciplinary body or the Medical Assessment 8
Tribunal of which the panel is aware; and 9
(c) may have regard to any relevant previous decisions about the 10
registrant by a foreign disciplinary body. 11
(2) For subsection (1)(b), the panel is entitled to access the previous 12
decisions of other disciplinary bodies or the Medical Assessment Tribunal 13
and the reasons for the decisions. 14
(3) Subsection (1) does not limit the matters the panel may consider in 15
making its decision. 16
Subdivision 5--Action after decision about disciplinary action 17
of decision of panel 18
Notification
205.(1) As soon as practicable after the panel makes its decision under 19
section 200, 201, 202 or 203, the secretary must give written notice of the 20
decision to-- 21
(a) the parties to the disciplinary proceedings; and 22
(b) the complainant, if the disciplinary proceedings relate to a 23
complaint by a person; and 24
(c) the commissioner. 25
(2) The notice must state the following-- 26
(a) the panel's decision-- 27
(i) if the notice relates to the panel's decision under 28
section 200--about whether a ground for disciplinary action 29
against the registrant is established; and 30
s 206 129 s 206
Health Practitioners (Professional Standards)
(ii) if the notice relates to the panel's decision under section 201 1
or 203--about the disciplinary action, if any, the panel has 2
decided to take in relation to the disciplinary proceedings; 3
(b) the reasons for the decision, including the reasons for any 4
proposed disciplinary action; 5
(c) the panel's decisions on material questions of fact arising during 6
the disciplinary proceedings; 7
(d) by reference or otherwise, any evidence or other material on 8
which the panel's decisions about material questions of fact were 9
based; 10
(e) that a party may appeal against the decision to the tribunal; 11
(f) how to appeal. 12
(3) Also, the secretary may give notice of its decision to any other person 13
given an attendance notice for the hearing. 14
(4) The decision takes effect on the later of-- 15
(a) the day the notice is given to the registrant; or 16
(b) the day of effect stated in the notice. 17
information to be included in notice 18
Additional
206.(1) This section applies if the panel decides, under section 200, that a 19
ground for disciplinary action against the registrant is established. 20
(2) The notice under section 205 must also state-- 21
(a) for a decision to advise, caution or reprimand the registrant-- 22
(i) whether the disciplinary action must be recorded in the 23
board's register; and 24
(ii) if it must be recorded in the board's register--the period for 25
which it must be recorded in the register; and 26
(b) for a decision to impose conditions on the registrant's registration 27
or approve an undertaking entered into between the registrant and 28
the board-- 29
(i) the fact that conditions have been imposed, or an undertaking 30
s 207 130 s 208
Health Practitioners (Professional Standards)
entered into, must be recorded in the board's register for the 1
period for which the conditions or undertaking are in force; 2
and 3
(ii) if details of the conditions or undertaking must be recorded 4
in the register--the details that must be recorded in the 5
register for the period for which the conditions or 6
undertaking is in force; and 7
(iii) if details of the conditions or undertaking must not be 8
recorded--the reason why the details must not be recorded; 9
and 10
(c) for a decision to impose conditions on the registrant's 11
registration--the period after which the registrant may apply 12
under part 9, division 250 for a review of the conditions. 13
Subdivision 6--Effect of decision 14
of panel's decision 15
Effect
207. A panel's decision is binding on the parties. 16
of decisions 17
Implementation
208.(1) A board, that is a party to disciplinary proceedings, must give 18
effect to the panel's decision unless the decision is stayed under 19
section 329.51 20
(2) Without limiting subsection (1), if the notice given to the board by the 21
secretary under section 205 states that disciplinary action relating to a 22
registrant must be recorded in the board's register, the board must, as soon 23
as practicable after receiving the notice, make the record in accordance with 24
the notice. 25
50 Part 9 (Reviews and appeals), division 2 (Review of conditions imposed under
decision of panel)
51 Section 329 (Stay of operation of appealable decision)
s 209 131 s 211
Health Practitioners (Professional Standards)
Subdivision 7--Miscellaneous 1
of documents 2
Authentication
209. A document relating to disciplinary proceedings by a panel requiring 3
authentication by the panel is sufficiently authenticated if it is signed by the 4
chairperson of the panel, another member of the panel or the secretary. 5
notice of certain signatures 6
Judicial
210. Judicial notice must be taken of the signature of the chairperson of 7
the panel, another member of the panel or the secretary if it appears on a 8
document issued by the panel. 9
6--Health Practitioners Tribunal 10
Division
Subdivision 1--Jurisdiction of tribunal 11
jurisdiction 12
Tribunal's
211.(1) The tribunal has jurisdiction-- 13
(a) to hear all disciplinary matters referred under section 126 by a 14
board, including matters relating to a registrant that happened 15
while a suspended decision applied to the registrant; and 16
(b) to hear appeals under part 9, division 352 from appealable 17
decisions; and 18
(c) to review reviewable decisions; and 19
(d) to hear any other matter for which it is given jurisdiction under 20
another Act. 21
(2) The tribunal may start or continue disciplinary proceedings relating to 22
a registrant despite a proceeding before any court or another tribunal, unless 23
a court or tribunal with the necessary jurisdiction orders otherwise. 24
52 Part 9 (Reviews and appeals), division 3 (Appeals to tribunal)
s 212 132 s 213
Health Practitioners (Professional Standards)
(3) The tribunal may deal with more than 1 disciplinary matter relating to 1
the same registrant in the same disciplinary proceedings 2
disciplinary matters 3
Additional
212.(1) If, during disciplinary proceedings, it appears to the tribunal that 4
another disciplinary matter relating to the registrant exists in addition to the 5
matter the subject of the proceedings, the tribunal may deal with it in the 6
same proceedings. 7
(2) If the tribunal decides to deal with an additional matter under 8
subsection (1), the tribunal-- 9
(a) if the registrant agrees--may continue with the disciplinary 10
proceedings or adjourn the proceedings for a particular period; or 11
(b) otherwise--must adjourn the disciplinary proceedings for the 12
period it considers fair in the circumstances before continuing 13
with the proceedings. 14
(3) Subsection (2) does not affect the power of the tribunal under 15
section 230(2).53 16
2--Procedural matters 17
Subdivision
to allocate matters 18
Chairperson
213.(1) As soon as practicable after a referral notice is filed with the 19
registrar-- 20
(a) the chairperson of the tribunal must choose a tribunal member to 21
hear the disciplinary matter; and 22
(b) the registrar must choose assessors to assist the tribunal. 23
(2) The tribunal member chosen to hear a disciplinary matter is the 24
constituting member (the "constituting member") for the matter. 25
53 Section 230 (Tribunal may proceed in absence of party or may adjourn hearing)
s 214 133 s 215
Health Practitioners (Professional Standards)
to disciplinary proceedings 1
Parties
214. The parties to disciplinary proceedings before the tribunal are-- 2
(a) the registrant to whom the proceedings relate; and 3
(b) the registrant's board; and 4
(c) if the commissioner intervenes in the proceedings under the 5
Health Rights Commission Act 1991, section 130, the 6
commissioner. 7
of intention to conduct hearing 8
Notice
215.(1) The registrar must give written notice (a "hearing notice") of the 9
tribunal's intention to conduct a hearing of a disciplinary matter relating to a 10
registrant to the following persons-- 11
(a) the registrant; 12
(b) the registrant's board; 13
(c) the complainant, if the disciplinary proceedings relate to a 14
complaint; 15
(d) the commissioner. 16
(2) The hearing notice must state the following-- 17
(a) the ground for the disciplinary action against the registrant; 18
(b) the facts and circumstances forming the basis for the ground; 19
(c) the time and place of the hearing; 20
(d) that the registrant must attend the hearing in person unless 21
excused by the tribunal; 22
(e) that a party may appear in person, or may have a lawyer or 23
another person appear at the hearing on the party's behalf; 24
(f) that the complainant, if any, may attend the hearing and be 25
accompanied by a lawyer or another person, unless the tribunal 26
directs that the complainant must not attend before giving 27
evidence. 28
(3) The time for the hearing, as stated in the hearing notice, must be at 29
least 14 days after the registrant receives the notice. 30
s 216 134 s 217
Health Practitioners (Professional Standards)
service on registrant and complainant 1
Substituted
216.(1) The registrar may order substituted service of a hearing notice on 2
a registrant or complainant about the tribunal's intention to conduct a 3
hearing, if the registrar is satisfied service can not be effected on the 4
registrant or complainant. 5
(2) Substituted service may be effected in any way ordered, including, for 6
example, by facsimile or telephone. 7
(3) If the registrant or complainant is served with the hearing notice as 8
ordered by the registrar under subsection (1), the notice is taken to have 9
been given to the registrant or complainant under section 215. 10
conference 11
Directions
217.(1) The tribunal may hold a conference (a "directions conference") 12
for considering, or giving directions for, any matter or proceeding within its 13
jurisdiction. 14
(2) Without limiting subsection (1), the tribunal may give directions 15
requiring the parties to make discovery or allow inspection of evidentiary 16
material. 17
(3) At or after the conference, the tribunal may give the directions about 18
the matter or proceeding that it considers appropriate. 19
(4) A directions conference may be held, and directions given at any 20
time-- 21
(a) on the application of a party; or 22
(b) by the tribunal on its own initiative. 23
(5) A directions conference may be conducted, and directions given, by 24
telephone, video link or another form of communication. 25
(6) The assessors assisting the tribunal may take part in a directions 26
conference if the tribunal considers it is necessary or desirable for them to 27
take part in the conference. 28
(7) The tribunal may delegate the power to hold a directions conference to 29
the registrar. 30
s 218 135 s 219
Health Practitioners (Professional Standards)
powers relating to health assessment 1
Tribunal's
218.(1) Subsection (2) applies if-- 2
(a) the tribunal is hearing a disciplinary matter relating to a registrant 3
on the ground the registrant is impaired; or 4
(b) in conducting disciplinary proceedings relating to a registrant the 5
tribunal otherwise reasonably believes the registrant may be 6
impaired. 7
(2) The tribunal may-- 8
(a) direct the registrant's board to establish a health assessment 9
committee; and 10
(b) direct the registrant to undergo a health assessment by the 11
committee. 12
(3) Subsection (4) applies if, under section 289,54 a registrant's board 13
suspends the registrant's registration and the disciplinary matter to which 14
the suspension relates is referred under section 126 for hearing by the 15
tribunal. 16
(4) The tribunal may stay the board's decision until the tribunal decides 17
the disciplinary matter. 18
for hearing by tribunal 19
Procedure
219.(1) When conducting a hearing, the tribunal-- 20
(a) must comply with natural justice; and 21
(b) must act as quickly, and with as little formality and technicality, as 22
is consistent with a fair and proper consideration of the issues 23
before it; and 24
(c) is not bound by the rules of evidence; and 25
(d) may inform itself of anything in the way it considers appropriate. 26
(2) However, the tribunal must comply with this division and any rules 27
made under section 258 or directions issued under section 259(2). 28
54 Section 289 (Failure to comply with health assessment committee)
s 220 136 s 222
Health Practitioners (Professional Standards)
(3) Also, the tribunal must, if asked to do so, by a party-- 1
(a) tell the party-- 2
(i) the facts and circumstances forming the basis for the ground 3
for disciplinary action against the registrant; and 4
(ii) what possible disciplinary action the tribunal may take under 5
section 241 or 243; and 6
(b) explain to the party any aspect of the tribunal's procedures, or 7
decisions or rulings, relating to the hearing. 8
and place of hearing 9
Time
220. A hearing conducted by the tribunal must be conducted at the times 10
and places the tribunal decides. 11
by telephone, video link or another form of communication 12
Evidence
221.(1) The tribunal may, in disciplinary proceedings before it, decide to 13
receive evidence or submissions by telephone, video link or another form of 14
communication. 15
(2) The tribunal may impose conditions on the receipt of evidence or 16
submissions under subsection (1). 17
to be held in public 18
Hearing
222.(1) A hearing before the tribunal, other than a hearing for an 19
impairment matter, is open to the public unless the tribunal decides, in the 20
special circumstances of the particular hearing, it is in the public interest for 21
the hearing, or a part of the hearing, to be closed to the public. 22
(2) A hearing before the tribunal for an impairment matter is not open to 23
the public unless-- 24
(a) the tribunal reasonably believes it is in the public interest for it to 25
be open to the public; or 26
(b) the registrant asks for it to be open to the public. 27
(3) However, the closing of a hearing to the public does not prevent the 28
complainant or the person accompanying the complainant continuing to 29
s 223 137 s 224
Health Practitioners (Professional Standards)
attend the hearing. 1
(4) In subsection (2)-- 2
"impairment matter" means a disciplinary matter for which the only 3
ground for disciplinary action mentioned in the referral notice is that 4
the registrant is impaired. 5
may order suppression of registrant's name 6
Tribunal
223. The tribunal may, by order, suppress the name of the registrant to 7
whom the disciplinary proceedings relates. 8
of special witnesses 9
Evidence
224.(1) A witness in disciplinary proceedings before the tribunal may be 10
a special witness. 11
(2) If a special witness is to give or is giving evidence in disciplinary 12
proceedings, the tribunal may, of its own initiative or on application by a 13
party to the proceedings, make 1 or more of the following orders-- 14
(a) that the registrant be excluded from the room in which the tribunal 15
is sitting or be obscured from the view of the special witness 16
while the special witness is giving evidence or is required to 17
appear before the tribunal for any other purpose; 18
(b) that, while the special witness is giving evidence, all persons other 19
than those stated by the tribunal be excluded from the room in 20
which it is sitting; 21
(c) that the special witness give evidence in a room-- 22
(i) other than the room in which the tribunal is sitting; and 23
(ii) from which all persons other than the persons stated by the 24
tribunal are excluded; 25
(d) that a person approved by the tribunal be present while the special 26
witness is giving evidence or is required to appear before the 27
tribunal for any other purpose, to provide emotional support to the 28
special witness; 29
(e) that a videotape of the evidence of the special witness or any 30
s 224 138 s 224
Health Practitioners (Professional Standards)
portion of it be made under the conditions stated in the order and 1
the videotaped evidence be viewed and heard in the proceedings 2
instead of the direct testimony of the special witness. 3
(3) An order must not be made under subsection (2) if it appears to the 4
tribunal that the making of the order would unfairly prejudice a party to the 5
proceedings. 6
(4) Subject to any order made under subsection (5), an order must not be 7
made under subsection (2)(a), (b) or (c) unless provision is made, by means 8
of an electronic device or otherwise, for the registrant to see and hear the 9
special witness while the special witness is giving evidence. 10
(5) If the making of a videotape of the evidence of a special witness is 11
ordered under subsection (2)(e), the tribunal may further order that all 12
persons other than the persons stated by the tribunal be excluded from the 13
room in which the special witness is giving that evidence. 14
(6) However, any person entitled in the proceedings to examine or 15
cross-examine the special witness must be given a reasonable opportunity to 16
view any portion of the videotape relevant to the conduct of that examination 17
or cross-examination. 18
(7) A videotape, made under this section, of any portion of the evidence 19
of a special witness is admissible as if the evidence were given orally in the 20
proceedings in accordance with the usual rules and practice of the tribunal. 21
(8) The room in which a special witness gives evidence under an order 22
made under subsection (2)(c), or the room occupied by a special witness 23
while the evidence of the witness is being videotaped, is taken to be part of 24
the room in which the proceedings are being held. 25
(9) In this section-- 26
"special witness" means any of the following persons-- 27
(a) an individual under the age of 12 years; 28
(b) an individual whom the tribunal reasonably believes would, if 29
required to give evidence in disciplinary proceedings in 30
accordance with the usual rules and practice of the tribunal-- 31
(i) be likely to be disadvantaged as a witness as a result of 32
intellectual impairment or cultural differences; or 33
(ii) be likely to suffer severe emotional trauma; or 34
s 225 139 s 228
Health Practitioners (Professional Standards)
(iii) be likely to be so intimidated as to be disadvantaged as a 1
witness. 2
and right of appearance 3
Attendance
225.(1) The tribunal may excuse a registrant from attending all or part of 4
a hearing. 5
(2) The parties may appear at the hearing in person or have a lawyer or 6
other person appear on their behalf. 7
may exclude witnesses from hearing 8
Tribunal
226.(1) This section applies if a complainant or other witness is to give 9
evidence to the tribunal. 10
(2) The tribunal may direct that the complainant or other witness be 11
excluded from a part or all of the hearing until the complainant or witness 12
gives evidence, if the tribunal reasonably believes the attendance of the 13
complainant or witness before giving evidence would seriously prejudice 14
the fairness of the hearing. 15
to be decided by constituting member 16
Questions
227.(1) A question of law or fact arising before the tribunal must be 17
decided by the constituting member. 18
(2) However, in deciding a question of fact before the tribunal, the 19
constituting member may have regard to the views of the assessors 20
assisting the tribunal as the member considers appropriate. 21
if tribunal member absent etc. 22
Procedure
228.(1) This section applies if the tribunal has started to hear disciplinary 23
proceedings relating to a registrant but has not made its decision under 24
subdivision 4 and-- 25
(a) the constituting member ceases to be qualified to be a tribunal 26
member or, for any other reason, is unable to take further part in 27
the proceedings; or 28
s 229 140 s 230
Health Practitioners (Professional Standards)
(b) an assessor assisting the tribunal is, for any reason, unable to take 1
further part in the proceedings. 2
(2) If the constituting member (the "first member") can not continue-- 3
(a) the chairperson of the tribunal must appoint another tribunal 4
member (the "new member") as the constituting member to hear 5
the disciplinary proceedings; and 6
(b) the new member must start the hearing afresh. 7
(3) If a new member is appointed, the assessors who assisted the first 8
member may be chosen to assist the new tribunal member. 9
(4) If an assessor is unable to take further part in the disciplinary 10
proceedings, the registrar must choose another assessor in the assessor's 11
place. 12
(5) The other assessor must be chosen from the same panel of assessors 13
from which the previous assessor was chosen. 14
15
Witnesses
229.(1) The registrar may, by written notice given to a person (an 16
"attendance notice"), require the person to attend a tribunal hearing at a 17
stated reasonable time and place-- 18
(a) to give evidence or answer questions; or 19
(b) to produce a stated thing. 20
(2) A party may apply to the registrar, in the approved form, for an 21
attendance notice to be given to a person. 22
(3) The registrar must give the attendance notice to the person unless the 23
tribunal reasonably believes it is unnecessary or inappropriate to do so. 24
may proceed in absence of party or may adjourn hearing 25
Tribunal
230.(1) At a hearing, the tribunal may proceed in the absence of a party if 26
it reasonably believes the party has been given notice of the hearing. 27
(2) The tribunal may adjourn the hearing from time to time. 28
s 231 141 s 232
Health Practitioners (Professional Standards)
orders 1
Interim
231.(1) This section applies if-- 2
(a) the tribunal is hearing a disciplinary matter relating to a registrant; 3
and 4
(b) the tribunal reasonably believes it is necessary to make an order 5
(an "interim order") exercising any power conferred on the 6
tribunal under section 241,55 pending its final decision. 7
(2) The tribunal may make the interim order. 8
(3) The interim order must be the least onerous order necessary in the 9
circumstances. 10
(4) The interim order has effect from the time it is made and ends when 11
the first of the following happens-- 12
(a) the proceedings in which the order is made end; 13
(b) the time stated in the order for it to end arrives; 14
(c) the tribunal revokes the order. 15
(5) For the interim order, the tribunal may direct the registrant's board to 16
include details of the order in the board's register. 17
(6) The registrant's board must give effect to the interim order and 18
comply with the tribunal's directions. 19
of things 20
Inspection
232.(1) If a thing is produced to the tribunal at a hearing, the tribunal may 21
inspect it. 22
(2) The tribunal may do all or any of the following if the tribunal 23
considers the thing may be relevant to the hearing-- 24
(a) photograph the thing; 25
(b) for a document--make a copy of, or take an extract from, it; 26
(c) keep the thing while it is necessary for the hearing and any appeal 27
relating to the hearing. 28
55 Section 241 (Decision about disciplinary action relating to registrant)
s 233 142 s 234
Health Practitioners (Professional Standards)
(3) If the tribunal keeps the thing, it must permit a person otherwise 1
entitled to possession of the thing to-- 2
(a) for a document--inspect, make a copy of, or take an extract from, 3
the document at the reasonable time and place the tribunal decides; 4
and 5
(b) for another thing--inspect or photograph the thing at the 6
reasonable time and place the tribunal decides. 7
and findings etc. in other proceedings may be received or 8
Evidence
adopted 9
233. During the hearing, the tribunal may-- 10
(a) receive in evidence a transcript, or part of a transcript, of evidence 11
taken in a proceeding before a disciplinary body or a court, 12
tribunal or other entity constituted under the law of the State, the 13
Commonwealth, another State or a foreign country, and draw 14
conclusions of fact from the evidence that it considers appropriate; 15
and 16
(b) adopt, as it considers appropriate, decisions, findings, judgments, 17
or reasons for judgment, of the disciplinary body, court, tribunal 18
or other entity that may be relevant to the hearing. 19
expenses and allowances 20
Witness
234.(1) A witness who appears at a hearing before the tribunal-- 21
(a) may, before giving evidence, ask the tribunal to decide the amount 22
to be paid to the witness for expenses; and 23
(b) is entitled to be paid the allowance prescribed under a regulation 24
for attendance at the hearing. 25
(2) The expenses and allowance must be paid by the party calling the 26
witness. 27
(3) The tribunal may decide not to compel the witness to give his or her 28
evidence until the relevant party has paid the expenses and allowance or 29
given security to the tribunal for the expenses and allowance. 30
s 235 143 s 236
Health Practitioners (Professional Standards)
to keep record of disciplinary proceedings 1
Tribunal
235. The tribunal must keep, in the way it considers appropriate, a record 2
of evidence given to it in relation to disciplinary proceedings. 3
3--Contempt of tribunal 4
Subdivision
constituting contempt 5
Conduct
236.(1) This section applies if-- 6
(a) a registrant given a hearing notice or a notice under section 332 or 7
342 fails, without reasonable excuse, to attend as required; or 8
(b) a registrant given a direction under section 218(2)56 fails, without 9
reasonable excuse, to comply with the direction; or 10
(c) a person given an attendance notice by the registrar fails, without 11
reasonable excuse, to attend as required by the attendance notice; 12
or 13
(d) a registrant or a person given an attendance notice fails, without 14
reasonable excuse, to continue to attend as required by the tribunal 15
until excused from further attendance; or 16
(e) a person appearing as a witness at the hearing fails to take an oath 17
or make an affirmation when required by the tribunal; or 18
(f) a person appearing as a witness fails, without reasonable excuse, 19
to answer a question the person is required to answer by the 20
tribunal; or 21
(g) a person appearing as a witness fails, without reasonable excuse, 22
to produce a thing the person is required to produce by an 23
attendance notice; or 24
(h) a person states anything to the tribunal that the person knows is 25
false or misleading in a material particular; or 26
(i) subject to section 238, 57 a person gives to the tribunal a document 27
56 Section 218 (Tribunal's powers relating to health assessment)
57 Section 238 (Certain conduct not contempt)
s 237 144 s 237
Health Practitioners (Professional Standards)
containing information the person knows is false or misleading in 1
a material particular; or 2
(j) subject to section 238, a person publishes, in a public way, 3
information that identifies, or is likely to identify, an individual, 4
other than a party-- 5
(i) who appears as a witness before the tribunal in the 6
disciplinary proceedings; or 7
(ii) who is mentioned or otherwise involved in the proceedings; 8
or 9
(k) a person publishes, in a public way, information that identifies, or 10
is likely to identify, a registrant to whom a suppression order 11
under section 22358 relates; or 12
(l) a person insults the tribunal, the constituting member, an 13
assessor, a party or lawyer appearing before the tribunal; or 14
(m) a person deliberately interrupts the tribunal's hearing; or 15
(n) a person creates or continues, or joins in creating or continuing, a 16
disturbance in or near a place where the tribunal is conducting the 17
hearing; or 18
(o) a person, without lawful excuse, disobeys a lawful order or 19
direction of the tribunal; or 20
(p) a registrant fails to comply with an undertaking the registrant 21
gives to the tribunal; or 22
(q) a person does anything else that would be contempt of court if the 23
tribunal were a court of record. 24
(2) The registrant or person is guilty of contempt of the tribunal. 25
26
Self-incrimination
237. For section 236(1)(f) and (g), it is a reasonable excuse for an 27
individual to fail to answer a question or to produce a thing if answering the 28
question or producing the thing might tend to incriminate the individual. 29
58 Section 223 (Tribunal may order suppression of registrant's name)
s 238 145 s 239
Health Practitioners (Professional Standards)
conduct not contempt 1
Certain
238.(1) Conduct mentioned in section 236(1)(i) does not constitute 2
contempt if, when giving the document, the person-- 3
(a) informs the tribunal, to the best of the person's ability, how it is 4
false or misleading; and 5
(b) gives the correct information to the tribunal if the person has, or 6
can reasonably obtain, the correct information. 7
(2) Also, conduct mentioned in section 236(1)(j) does not constitute 8
contempt if-- 9
(a) the tribunal consents to the publication of the information; or 10
(b) the individual whom the information identifies, or is likely to 11
identify, gives written consent to the publication of the 12
information. 13
of contempt 14
Punishment
239.(1) A person's contempt of the tribunal may be punished under this 15
section. 16
(2) The tribunal's jurisdiction to punish a contempt of the tribunal may be 17
exercised by-- 18
(a) the tribunal member hearing the disciplinary proceedings to which 19
the conduct constituting contempt relates; or 20
(b) if the disciplinary proceedings have ended--the tribunal member 21
decided by the chairperson of the tribunal. 22
(3) The tribunal member may issue a warrant directed to a police officer 23
or all police officers for the arrest of the person to be brought before the 24
tribunal member to be dealt with according to law. 25
(4) The tribunal member must inquire into the alleged contempt. 26
(5) The tribunal member must hear-- 27
(a) witnesses and evidence that may be produced against or for the 28
person; and 29
(b) any statement given by the person in defence. 30
s 240 146 s 240
Health Practitioners (Professional Standards)
(6) If the tribunal member is satisfied the person is guilty of contempt of 1
the tribunal, the tribunal member may-- 2
(a) order that the person must be taken into custody and committed to 3
prison for a period of not more than 2 years; or 4
(b) impose on the person a fine of not more than 167 penalty units 5
and may order that, in the event of default of payment of the fine, 6
the person must be committed to prison for a period of not more 7
than 2 years; or 8
(c) if the person's contempt is constituted by a failure to comply with 9
an undertaking that the person, as a registrant, has given to the 10
tribunal and for which a financial assurance was required--order 11
the financial assurance be forfeited and paid to the registrant's 12
board. 13
4--Decisions on completion of disciplinary proceedings 14
Subdivision
about whether ground for disciplinary action established 15
Decision
240.(1) As soon as practicable after completing a hearing of a 16
disciplinary matter relating to a registrant, the tribunal must decide whether a 17
ground for disciplinary action against the registrant is established. 18
(2) If the tribunal is making a decision about whether the registrant has 19
behaved in a way that constitutes unsatisfactory professional conduct, the 20
tribunal-- 21
(a) must have regard to any relevant codes of practice; and 22
(b) must have regard to any relevant previous decision by a 23
disciplinary body or the Medical Assessment Tribunal of which 24
the tribunal is aware; and 25
(c) may have regard to any relevant previous decisions by a foreign 26
disciplinary body. 27
(3) If the tribunal is making a decision about whether the registrant is 28
impaired, the tribunal-- 29
(a) if the matter was referred to a health assessment committee and 30
the committee prepared an assessment report--must consider the 31
s 241 147 s 241
Health Practitioners (Professional Standards)
assessment report; and 1
(b) must consider any submissions made by the registrant under 2
section 297;59 and 3
(c) if the registrant failed, without reasonable excuse, under 4
section 28860 to attend a health assessment, cooperate in 5
undergoing a health assessment or produce a stated thing--may 6
have regard to the failure to attend or cooperate or produce the 7
thing. 8
(4) For subsection (2)(b), the tribunal is entitled to access the previous 9
decisions of other disciplinary bodies and the reasons for the decisions. 10
(5) Subsections (2) and (3) do not limit the matters the tribunal may 11
consider in making its decision. 12
(6) This section does not apply for proceedings of the tribunal under the 13
review and appeal part. 14
about disciplinary action relating to registrant 15
Decision
241.(1) This section applies if, under section 240(1), the tribunal decides 16
a ground for disciplinary action is established against a registrant who is 17
registered at the time of the decision. 18
(2) The tribunal must decide to do 1 or more of the following-- 19
(a) advise, caution or reprimand the registrant; 20
(b) impose conditions on the registrant's registration, including, for 21
example, the following-- 22
(i) requiring the registrant not to carry out a type of practice or 23
procedure; 24
(ii) requiring the registrant not to provide services to a class of 25
persons; 26
(iii) requiring the registrant to carry out the registrant's practice 27
under supervision; 28
59 Section 297 (Registrant may make submissions about assessment report)
60 Section 288 (Power of health assessment committee about registrant)
s 241 148 s 241
Health Practitioners (Professional Standards)
(iv) requiring the registrant to undertake an educational course, or 1
continuing professional education activity, within a stated 2
reasonable time and report to the registrant's board after 3
completing the course or activity; 4
(v) requiring the registrant to obtain, and act on, advice from the 5
registrant's board or a stated person about the management 6
of the registrant's practice; 7
(vi) requiring the registrant to report about particular aspects of 8
the registrant's practice to the registrant's board or a stated 9
person; 10
(vii) requiring the registrant to report to the registrant's board, 11
within a stated reasonable time and in a stated reasonable 12
way, about the registrant's compliance with conditions 13
imposed by the tribunal; 14
(c) approve an undertaking entered into, with the registrant's 15
agreement, between the registrant and the registrant's board about 16
the registrant's professional conduct or practice; 17
(d) require the registrant to give the tribunal an undertaking; 18
(e) if the registrant gives the tribunal an undertaking--order the 19
registrant to give to the registrant's board a financial assurance for 20
the undertaking for an amount not more than the equivalent of 21
6 666 penalty units in 1 or more of the following forms-- 22
(i) a bank guarantee; 23
(ii) a bond; 24
(iii) an insurance policy; 25
(iv) another form of security the tribunal considers appropriate; 26
(f) if a ground for the disciplinary action is that the registrant is 27
impaired--order the registrant to attend at the reasonable times 28
and reasonable places decided by the registrant's board for further 29
health assessments, including, for example, random urine drug 30
screening, blood tests or hair tests; 31
(g) suspend the registrant's registration for a stated time; 32
(h) if the tribunal suspends the registrant's registration--set 33
s 241 149 s 241
Health Practitioners (Professional Standards)
conditions under which the registrant may practise after the end of 1
the suspension period; 2
(i) cancel the registrant's registration; 3
(j) if the tribunal cancels the registrant's registration-- 4
(i) set conditions under which the registrant may re-apply for 5
registration; or 6
(ii) set conditions that must be imposed on any future 7
registration of the person by the board; 8
(k) order the registrant to pay a fine of an amount not more than the 9
equivalent of 1 333 penalty units; 10
(l) order the registrant-- 11
(i) to do anything else the tribunal considers appropriate; or 12
(ii) to refrain from doing anything the tribunal considers 13
inappropriate. 14
(3) If the tribunal decides to do any of the following, the tribunal must 15
state a period, not more than 3 years from the day the decision takes effect, 16
within which the registrant may not apply for a review of the decision under 17
part 9, division 4 by the tribunal-- 18
(a) impose conditions on the registrant's registration under 19
subsection (2)(b) or set conditions under which the registrant may 20
practise after the end of the suspension period under 21
subsection (2)(h); 22
(b) order the registrant to attend for health assessments under 23
subsection (2)(f); 24
(c) order the registrant to do anything or refrain from doing anything 25
under subsection (2)(l). 26
(4) Also, if the tribunal cancels the registrant's registration under 27
subsection (2)(i), the tribunal must also decide the period during which the 28
registrant must not be registered by the registrant's board. 29
(5) To remove any doubt, it is declared that a decision under 30
subsection (4) may be that the registrant must never be registered by the 31
registrant's board. 32
s 242 150 s 242
Health Practitioners (Professional Standards)
about recording disciplinary action relating to registrant 1
Decision
242.(1) In making its decision under section 241(2), the tribunal must 2
also decide-- 3
(a) for a decision to impose conditions on the registrant's 4
registration--whether details of the conditions must be recorded 5
in the board's register for the period for which the conditions are 6
in force; and 7
(b) for a decision to enter into an undertaking with the registrant or 8
approve an undertaking entered into between the registrant and the 9
board--whether details of the undertaking must be recorded in the 10
board's register for the period for which the undertaking is in 11
force; and 12
(c) for a decision to suspend the registrant's registration-- 13
(i) whether the record of the suspension must remain in the 14
register after the suspension ends; and 15
(ii) if the record of the suspension must remain in the register 16
after suspension ends--the period for which it must be 17
recorded; and 18
(d) for a decision to take another form of disciplinary action under 19
section 241(2)-- 20
(i) whether the disciplinary action must be recorded in the 21
board's register; and 22
(ii) if the disciplinary action must be recorded in the 23
register--the period for which the disciplinary action must 24
be recorded. 25
(2) The tribunal must decide that details of the conditions or undertaking, 26
other than conditions imposed or an undertaking entered into for an 27
impairment matter, must be recorded in the board's register unless the 28
tribunal reasonably believes it is not in the interests of users of the 29
registrant's services or the public to know the details. 30
(3) For conditions imposed, or an undertaking entered into, for an 31
impairment matter, the tribunal must decide that details of the conditions or 32
the undertaking must not be recorded in the register unless it reasonably 33
believes it is in the interests of users of the registrant's services or the public 34
s 243 151 s 244
Health Practitioners (Professional Standards)
to know the details. 1
(4) In this section-- 2
"impairment matter" means a disciplinary matter for which the only 3
ground for disciplinary action established under section 240(1) is that 4
the registrant is impaired. 5
about disciplinary action relating to former registrant 6
Decision
243.(1) This section applies if, under section 240(1), the tribunal decides 7
a ground for disciplinary action is established against a person who was a 8
registrant but is not registered for the relevant profession at the time of the 9
tribunal's decision. 10
(2) The tribunal must decide-- 11
(a) to take no further action relating to the matter; or 12
(b) 1 or more of the following-- 13
(i) to order the person to pay a fine of an amount not more than 14
the equivalent of 1 333 penalty units; 15
(ii) to indicate that another form of disciplinary action mentioned 16
in section 241(2) would have been taken if the person were 17
registered; 18
(iii) conditions that must be imposed on any future registration of 19
the person as a registrant in the relevant profession. 20
(3) If the tribunal indicates under subsection (2)(b)(ii) that if the person 21
were currently registered it would have cancelled the person's registration, 22
the tribunal must also decide the period during which the person must not 23
again be registered by the person's board. 24
(4) To remove any doubt, it is declared that a decision under 25
subsection (3) may be that the person must never be registered as a 26
registrant in the relevant profession. 27
tribunal must consider in making decision about disciplinary 28
Matters
action 29
244.(1) In making its decision under section 241(2) or 243(2), the 30
s 245 152 s 245
Health Practitioners (Professional Standards)
tribunal-- 1
(a) must have regard to the purposes of disciplinary action mentioned 2
in section 123; and 3
(b) must have regard to any relevant previous decisions about the 4
registrant by a disciplinary body or the Medical Assessment 5
Tribunal of which the tribunal is aware; and 6
(c) may have regard to any relevant previous decisions about the 7
registrant by a foreign disciplinary body. 8
(2) For subsection (1)(b), the tribunal is entitled to access the previous 9
decisions of other disciplinary bodies and the reasons for the decisions. 10
(3) Subsection (1) does not limit the matters the tribunal may consider in 11
making its decision. 12
Subdivision 5--Action after decision about disciplinary action 13
of decision of tribunal 14
Notification
245.(1) As soon as practicable after the tribunal makes its decision under 15
section 240, 241, 242 or 243, the registrar must give written notice of the 16
tribunal's decision to-- 17
(a) the parties to the disciplinary proceedings; and 18
(b) the complainant, if the disciplinary proceedings relate to a 19
complaint by a person; and 20
(c) the commissioner. 21
(2) The notice must state the following-- 22
(a) the tribunal's decision-- 23
(i) if the notice relates to the tribunal's decision under 24
section 240--about whether a ground for disciplinary action 25
against the registrant is established; and 26
(ii) if the notice relates to the tribunal's decision under 27
section 241 or 243--about the disciplinary action, if any, the 28
tribunal has decided to take in relation to the disciplinary 29
proceedings; 30
s 246 153 s 246
Health Practitioners (Professional Standards)
(b) the reasons for the decision, including the reasons for any 1
proposed disciplinary action; 2
(c) the tribunal's decisions on material questions of fact arising 3
during the disciplinary proceedings; 4
(d) by reference or otherwise, any evidence or other material on 5
which the tribunal's decisions about material questions of fact 6
were based; 7
(e) that a party may appeal on a question of law to the Court of 8
Appeal about the decision; 9
(f) how to appeal. 10
(3) Also, the registrar may give notice of the tribunal's decision to any 11
other person given an attendance notice for the hearing. 12
(4) The decision takes effect on the later of-- 13
(a) the day the notice is given to the registrant; or 14
(b) the day of effect stated in the notice. 15
information to be included in notice 16
Additional
246.(1) This section applies if the tribunal decides, under section 240(1), 17
that a ground for disciplinary action against the registrant is established. 18
(2) The notice under section 245 must also state-- 19
(a) for a decision to impose conditions on the registrant's 20
registration-- 21
(i) the fact that conditions have been imposed must be recorded 22
in the board's register for the period for which the conditions 23
are in force; and 24
(ii) if details of the conditions must be recorded in the 25
register--the details that must be recorded in the register for 26
the period for which the conditions are in force; and 27
(iii) for an impairment matter--if details of the conditions must 28
be recorded, the reason why the details must be recorded; 29
and 30
(iv) for another matter--if details of the conditions must not be 31
s 246 154 s 246
Health Practitioners (Professional Standards)
recorded, the reason why the details must not be recorded; 1
and 2
(b) for a decision to require the registrant to give the tribunal an 3
undertaking or approve an undertaking entered into between the 4
registrant and the registrant's board-- 5
(i) the fact that the registrant has given the tribunal an 6
undertaking, or the registrant and the board have entered into 7
an undertaking, must be recorded in the board's register for 8
the period for which the undertaking is in force; and 9
(ii) whether details of the undertaking must be recorded in the 10
register for the period for which the undertaking is in force; 11
and 12
(iii) for an impairment matter--if details of the undertaking must 13
be recorded, the reason why the details must be recorded; 14
and 15
(iv) for another matter--if details of the undertaking must not be 16
recorded, the reason why the details must not be recorded; 17
and 18
(c) for a decision to suspend the registrant's registration-- 19
(i) the suspension must be recorded in the board's register for 20
the period for which the suspension is in force; and 21
(ii) whether the record of the suspension must remain in the 22
register after the suspension ends; and 23
(iii) if the record must remain in the register after the suspension 24
period ends--the period for which it must remain; and 25
(d) for a decision to take another form of disciplinary action-- 26
(i) whether the disciplinary action must be recorded in the 27
board's register; and 28
(ii) if the disciplinary action must be recorded in the board's 29
register-- 30
(A) the details that must be recorded in the register; and 31
(B) the period for which the details must be recorded in the 32
register; and 33
s 247 155 s 247
Health Practitioners (Professional Standards)
(iii) for an impairment matter--if details of the disciplinary 1
action must be recorded, the reason why the details must be 2
recorded; and 3
(iv) for another matter--if details of the disciplinary action must 4
not be recorded, the reason why the details must not be 5
recorded; and 6
(e) for a decision to impose conditions on the registrant's registration 7
under section 241(2)(b) or set conditions under which the 8
registrant may practise after the end of the suspension period 9
under section 241(2)(h), or a decision under section 241(2)(l) to 10
order a registrant to do anything or refrain from doing 11
anything--the period after which the registrant may apply under 12
part 9, division 4 for a review of the conditions or order. 13
(3) In subsection (2)-- 14
"impairment matter" means a disciplinary matter for which the only 15
ground for disciplinary action established under section 240(1) is that 16
the registrant is impaired. 17
6--Suspended decisions 18
Subdivision
may be suspended 19
Decision
247.(1) If the tribunal makes a decision mentioned in 1 of the following 20
provisions, it may order that the decision is suspended-- 21
· section 241(2)(b) 22
· section 241(2)(g) 23
· section 241(2)(i) 24
· section 241(2)(k) 25
· section 241(2)(l)(i).61 26
(2) However, the tribunal may order the decision is suspended only if it 27
is satisfied that it is appropriate to do so in the circumstances. 28
61 Section 241 (Decision about disciplinary action relating to registrant)
s 248 156 s 250
Health Practitioners (Professional Standards)
(3) The tribunal may suspend the whole or a part of the decision. 1
(4) The tribunal must state a period during which the registrant must not 2
be the subject of disciplinary action by the tribunal if the registrant is to 3
avoid being dealt with under section 250 for the decision suspended under 4
subsection (1) (the "suspended decision"). 5
(5) The period starts on the day the order is made and must be not more 6
than 5 years. 7
of suspended decision 8
Effect
248. A registrant for whom an order under section 247 is made must 9
comply with the suspended decision or the relevant part of the decision only 10
if the tribunal makes a decision under section 250(5)(b)(i). 11
if other disciplinary action while suspended decision 12
Consequences
249.(1) This section applies if-- 13
(a) a board refers a disciplinary matter under section 126 (the 14
"current matter") to the tribunal; and 15
(b) the referral notice for the current matter states that the current 16
matter happened during the period the registrant was subject to an 17
order made under section 247 for a suspended decision in relation 18
to a previous disciplinary matter. 19
(2) The chairperson of the tribunal must nominate a tribunal member to 20
deal with the current matter and the fact that the current matter happened 21
during the period of the suspended decision. 22
of tribunal to deal with suspended decision 23
Power
250.(1) This section applies to the tribunal that is dealing with-- 24
(a) the current matter; and 25
(b) the fact that the current matter happened during the period of the 26
suspended decision. 27
(2) The tribunal must hear and decide the current matter under this 28
division. 29
s 251 157 s 251
Health Practitioners (Professional Standards)
(3) If the tribunal decides that a ground exists for disciplinary action for 1
the current matter, the tribunal must ask the parties to make submissions in 2
relation to the suspended decision. 3
(4) If the tribunal considers it appropriate to do so in the circumstances, 4
the tribunal may ask for the submissions to be made in writing. 5
(5) After considering any submissions made to it, the tribunal may-- 6
(a) for the current matter--take any of the actions mentioned in 7
section 241;62 and 8
(b) for the suspended decision--either-- 9
(i) impose the suspended decision, or a part of the decision, on 10
the registrant; or 11
(ii) if the tribunal considers the imposition of the suspended 12
decision under subparagraph (i) unfair--extend the period of 13
the suspended decision by a period of not more than 1 year. 14
(6) In deciding whether it would be unfair to impose the suspended 15
decision on the registrant, the tribunal must have regard to-- 16
(a) the facts and circumstances that provided the grounds for the 17
current matter or the suspended decision; and 18
(b) any relevant previous decisions about the registrant by a 19
disciplinary body, the Medical Assessment Tribunal or a foreign 20
disciplinary body; and 21
(c) the length of time since the suspended decision was made and the 22
registrant's conduct since the decision was made; and 23
(d) any submissions made by the parties about the suspended 24
decision; and 25
(e) anything else the tribunal considers relevant. 26
must give notice 27
Tribunal
251.(1) If the tribunal makes a decision under section 250 relating to the 28
suspended decision, the registrar must give written notice of the decision-- 29
62 Section 241 (Decision about disciplinary action relating to registrant)
s 252 158 s 253
Health Practitioners (Professional Standards)
(a) to the registrant; and 1
(b) to the registrant's board; and 2
(c) to the commissioner. 3
(2) The notice must state the following-- 4
(a) the tribunal's decision; 5
(b) the reasons for the decision. 6
(3) The decision takes effect on the later of-- 7
(a) the day the notice is given to the registrant; or 8
(b) the day of effect stated in the notice. 9
Subdivision 7--Effect of decision 10
of tribunal's decision 11
Effect
252. A decision of the tribunal in disciplinary proceedings is binding on 12
the parties to the proceedings. 13
of decisions 14
Implementation
253.(1) A board must give effect to and implement a decision of the 15
tribunal for disciplinary proceedings to which it has been a party unless the 16
decision is stayed under section 329.63 17
(2) Without limiting subsection (1), the board must, if the notice given to 18
the board by the registrar under section 24564 states-- 19
(a) that the registrant's registration is cancelled--remove the 20
registrant's name from the board's register; or 21
(b) that disciplinary action relating to a registrant must be recorded in 22
the board's register--as soon as practicable after receiving the 23
notice, make the record in the board's register in accordance with 24
the notice. 25
63 Section 329 (Stay of operation of appealable decision)
64 Section 245 (Notification of decision of tribunal)
s 254 159 s 256
Health Practitioners (Professional Standards)
of fine 1
Recovery
254. A fine imposed on a registrant by the tribunal is a debt due to the 2
registrant's board and may be recovered by the board in a court of 3
competent jurisdiction. 4
Subdivision 8--Miscellaneous 5
osts 6
C
255.(1) The tribunal may make any order about costs it considers 7
appropriate for disciplinary proceedings. 8
(2) However, the costs allowable are only-- 9
(a) the costs that would be allowable if the disciplinary proceedings 10
were proceedings in the District Court;65 and 11
(b) if the board conducted an investigation of the registrant before 12
referring the matter for hearing by the tribunal--the cost to the 13
board of conducting the investigation. 14
(3) Without limiting subsection (1), in making a decision about an order 15
for costs, the tribunal-- 16
(a) must take into consideration the cost of any investigation for the 17
matter the subject of the proceedings; and 18
(b) must not take into consideration the amount of a fine, if any, 19
imposed on a registrant in the proceedings. 20
of documents 21
Authentication
256. A document relating to disciplinary proceedings requiring 22
authentication by the tribunal is sufficiently authenticated if it is signed by 23
the constituting member of the tribunal for the proceedings. 24
65 See Uniform Civil Procedure Rules 1999, schedule 2 (Scale of costs--District
Court).
s 257 160 s 260
Health Practitioners (Professional Standards)
notice of certain signatures 1
Judicial
257. Judicial notice must be taken of the signature of a constituting 2
member if it appears on a document issued by the tribunal. 3
power 4
Rule-making
258.(1) The Governor in Council, with the consent of the chairperson of 5
the tribunal, may make rules not inconsistent with this Act about the 6
practices and procedures of the tribunal. 7
(2) A rule is subordinate legislation. 8
directions 9
Practice
259.(1) To the extent a matter about the tribunal's procedure is not 10
provided for by this Act or the rules, the matter may be dealt with by 11
directions under this section. 12
(2) The chairperson of the tribunal may issue directions of general 13
application about the tribunal's procedures. 14
(3) Subject to directions issued under subsection (2), a constituting 15
member may issue directions about a particular case before the tribunal 16
when constituted by the member. 17
Division 7--Dissemination of information 18
1--Purpose 19
Subdivision
of div 7 20
Purpose
260.(1) The purpose of this division is to provide information to relevant 21
entities, registrants and the public about decisions relating to disciplinary 22
proceedings about registrants. 23
(2) The purposes of providing the information includes-- 24
(a) to inform and educate registrants about unsatisfactory 25
professional conduct and acceptable professional conduct or 26
s 261 161 s 261
Health Practitioners (Professional Standards)
practice; and 1
(b) to promote high standards of professional conduct or practice by 2
registrants; and 3
(c) to deter unsatisfactory professional conduct by registrants; and 4
(d) to inform the public about unsatisfactory professional conduct and 5
acceptable professional conduct or practice by registrants; and 6
(e) to give information to other entities which have an interest in the 7
professional conduct or practice of registrants. 8
Subdivision 2--Notification of disciplinary proceedings 9
may notify other entities 10
Board
261.(1) This section applies if-- 11
(a) a registrant's board or a disciplinary committee decides under this 12
part to take disciplinary action against the registrant; or 13
(b) a registrant's board is given notice by the registrar or secretary 14
that a panel or the tribunal has decided under this part to take 15
disciplinary action against the registrant. 16
(2) The board must, as soon as practicable after making the decision or 17
receiving the notice, give notice of the decision to interstate regulatory 18
authorities with which the board is aware the registrant is registered. 19
(3) Also, the board may give notice of the decision about the registrant to 20
any of the following-- 21
(a) the chief executive; 22
(b) foreign regulatory authorities; 23
(c) professional colleges of which the registrant is eligible to be a 24
member; 25
(d) professional associations of which the registrant is eligible to be a 26
member; 27
(e) an employer of the registrant; 28
(f) the Health Insurance Commission; 29
s 262 162 s 263
Health Practitioners (Professional Standards)
(g) the Minister; 1
(h) any other entity relevant to the registrant's practice as a registrant. 2
(4) However, the board must not give a notice about the decision to an 3
entity under subsection (3) unless the board reasonably believes that-- 4
(a) the entity needs to know about the decision; and 5
(b) giving the entity notice of the decision will assist in achieving the 6
objects of this Act. 7
(5) A notice under this section may include the information the board 8
reasonably believes is appropriate in the circumstances. 9
may notify other registrants 10
Board
262.(1) A registrant's board may, after it or another disciplinary body 11
makes a decision relating to disciplinary proceedings about the registrant, 12
inform other registrants about the nature and outcome of the proceedings, 13
including, for example, in its annual report or a newsletter. 14
(2) However, the board must not disclose the identity of the registrant 15
unless-- 16
(a) the decision relates to a matter about the registrant that has been 17
heard by the tribunal in public; and 18
(b) the tribunal has not made a suppression order relating to the 19
identity of the registrant. 20
(3) This section does not effect the board's power to record details of any 21
conditions imposed on a registrant in the board's register. 22
3--Records of disciplinary action 23
Subdivision
to be kept and made publicly available 24
Records
263.(1) A record of all decisions about disciplinary action, and the 25
reasons for the decisions, made by a disciplinary body under this Act must 26
be kept by-- 27
(a) if the disciplinary body is a board or disciplinary committee--the 28
executive officer; and 29
s 263 163 s 263
Health Practitioners (Professional Standards)
(b) if the disciplinary body is a panel--the secretary; and 1
(c) if the disciplinary body is the tribunal--the registrar. 2
(2) The record must be kept in the way the person responsible for 3
keeping it considers appropriate. 4
(3) The secretary or registrar must give a copy of a record kept by the 5
secretary or registrar under subsection (1) to the executive officer within 6
7 days after notice of the decision is given to the registrant to whom the 7
disciplinary proceedings related.66 8
(4) The executive officer must keep a copy of all records required to be 9
kept by, or given to, the executive officer under this section in the way the 10
executive officer considers appropriate, including, for example, in an 11
electronic form. 12
(5) The records must be kept-- 13
(a) for records relating to matters dealt with by a board, disciplinary 14
committee or panel--in a way that does not disclose the identity 15
of persons involved in the matters; or 16
(b) for records relating to matters dealt with by the tribunal--in a way 17
that complies with any order made by the tribunal suppressing 18
details that identify persons involved in the matters. 19
(6) The executive officer must-- 20
(a) keep the records open for inspection at the office by members of 21
the public during ordinary office hours; and 22
(b) allow a person to take extracts from the records or, on payment of 23
the appropriate fee by a person, give the person a copy of a 24
record. 25
(7) The fee for a copy of a record is the amount that-- 26
(a) the executive officer considers to be reasonable; and 27
(b) is not more than the reasonable cost of making the copy. 28
(8) The fee for a copy of a record is payable to the board established 29
66 See sections 168 (Notification of decision), 205 (Notification of decision of
panel) and 253 (Implementation of decisions).
s 264 164 s 264
Health Practitioners (Professional Standards)
under the health practitioner registration Act under which the registrant, to 1
which the record relates, is or was registered. 2
4--Reports 3
Subdivision
to be included in board's annual report 4
Matters
264.(1) Each board's annual report under the Financial Administration 5
and Audit Act 1977 for a financial year must include the following-- 6
(a) statistical information about the number of complaints received by 7
the board under this Act in the financial year, including the 8
number of complaints referred by the commissioner to the board; 9
(b) statistical information about the number of complaints referred by 10
the board to the commissioner under this Act in the financial year; 11
(c) the nature of the complaints received by the board under this Act 12
in the financial year; 13
(d) statistical information about the number of investigations 14
conducted under this Act in the financial year; 15
(e) details of the nature of the investigations conducted under this 16
Act; 17
(f) statistical information about the number of disciplinary 18
proceedings started by the board under this Act in the financial 19
year; 20
(g) details of the nature of the disciplinary proceedings started by the 21
board under this Act in the financial year; 22
(h) details of the results of disciplinary proceedings that were finished 23
in the financial year; 24
(i) details of the amount of the board's funds spent, in the financial 25
year, on investigations by the board under this Act; 26
(j) details of the amount of the board's funds spent, in the financial 27
year, on health assessments under this Act. 28
(2) A board's annual report under subsection (1) must not disclose the 29
identity of a registrant unless-- 30
s 265 165 s 267
Health Practitioners (Professional Standards)
(a) the registrant has been the subject of disciplinary proceedings 1
heard by the tribunal in public; and 2
(b) the tribunal has not made a suppression order relating to the 3
identity of the registrant. 4
to give report to Minister 5
Secretary
265.(1) As soon as practicable after the end of each financial year, the 6
secretary must give to the Minister a report about the activities of the panels. 7
(2) The report must include-- 8
(a) statistical information about the number of disciplinary 9
proceedings heard by panels under this Act in the financial year 10
for each profession; and 11
(b) details of the amount of the funds spent for panels in the financial 12
year; and 13
(c) any other information required by the Minister. 14
PART 7--MANAGEMENT OF IMPAIRED 15
REGISTRANTS BY BOARDS 16
Division 1--Preliminary 17
of pt 7 18
Purpose
266. The purpose of this part is to provide an alternative to disciplinary 19
proceedings for dealing with impaired registrants. 20
purpose is achieved 21
How
267. To achieve the purpose, this part-- 22
(a) states the processes to deal with impaired registrants; and 23
(b) provides for the establishment of health assessment committees. 24
s 268 166 s 270
Health Practitioners (Professional Standards)
of pt 7 1
Application
268.(1) If a registrant's board reasonably believes, because of a 2
complaint or for another reason, the registrant may be impaired (the 3
"suspected matter"), the board may decide to deal with the registrant 4
under this part and not under the investigation part. 5
(2) However, if at any time the registrant's board reasonably believes the 6
suspected matter may provide a ground for suspending or cancelling the 7
registrant's registration, the board must not deal with, or continue to deal 8
with, the registrant under this part but must-- 9
(a) investigate the matter under the investigation part; or 10
(b) refer the matter under section 126 for hearing by the tribunal. 11
(3) Subsection (1) does not prevent the board from taking action under 12
the investigation part or disciplinary proceedings part against the registrant 13
who may be impaired if the board considers it more appropriate. 14
Division 2--Informal management of impaired registrants 15
1--Preliminary 16
Subdivision
of div 2 17
Purpose
269. The purpose of this division is to allow a registrant's board to collect 18
information about, and assess, the registrant, with the registrant's full 19
cooperation, if the board reasonably believes the registrant may be impaired. 20
Subdivision 2--Health assessments and boards' powers 21
may request information 22
Board
270.(1) This section applies if a registrant's board reasonably believes the 23
registrant may be impaired. 24
(2) The board may ask the registrant or another person for information 25
relevant to helping the board in its assessment of whether the registrant is 26
impaired. 27
s 271 167 s 272
Health Practitioners (Professional Standards)
(3) However, the board can not, under this subdivision, compel the 1
registrant or other person to give it information. 2
to be given to registrant 3
Notice
271.(1) If a registrant's board reasonably believes the registrant may be 4
impaired, it may give the registrant a notice asking the registrant to agree to 5
undergo a health assessment. 6
(2) The notice must state the following-- 7
(a) the reasons the board is asking for the health assessment; 8
(b) that the board wants the registrant to agree to undergo a health 9
assessment by a mutually agreed-- 10
(i) medical practitioner; or 11
(ii) medical practitioner and another appropriately qualified 12
person; 13
(c) that the assessment may only be conducted with the registrant's 14
cooperation and that the registrant can not be compelled, under 15
this division, to undergo the assessment; 16
(d) the consequences under section 272 of failing to undergo or to 17
cooperate in undergoing a health assessment. 18
(3) In subsection (2)(b)(ii)-- 19
"appropriately qualified", for a person conducting a health assessment, 20
includes having the qualifications, and the experience, knowledge or 21
skills, appropriate to conduct the health assessment. 22
of board if registrant does not undergo health assessment etc. 23
Powers
272.(1) This section applies if a registrant is given a notice under 24
section 271 and-- 25
(a) the registrant does not agree to undergo a health assessment; or 26
(b) the registrant and board can not agree on the medical practitioner 27
or other person to conduct the assessment; or 28
(c) the registrant agrees to undergo the assessment but in undergoing 29
s 273 168 s 273
Health Practitioners (Professional Standards)
the assessment does not fully cooperate to the medical 1
practitioner's or person's reasonable satisfaction with the 2
assessment. 3
(2) The board may decide to do 1 of the following-- 4
(a) refer the suspected matter to a health assessment committee under 5
division 3; 6
(b) conduct an investigation of the suspected matter under the 7
investigation part; 8
(c) refer the suspected matter under section 126 for hearing by a 9
panel or the tribunal. 10
for health assessment 11
Procedure
273.(1) This section applies if-- 12
(a) the registrant agrees to undergo a health assessment; and 13
(b) the registrant and the board agree on who is to conduct the 14
assessment. 15
(2) The assessment must be conducted, at the board's expense, as soon 16
as practicable after agreement is reached. 17
(3) The person who conducts the assessment must, as soon as practicable 18
after conducting the assessment, prepare a report about the assessment (an 19
"assessment report"). 20
(4) The assessment report must include-- 21
(a) the person's findings as to whether the registrant is impaired; and 22
(b) if the person finds the registrant is impaired-- 23
(i) the nature and extent of the registrant's impairment; and 24
(ii) the person's recommendations as to any action, including, 25
for example, the imposition of conditions on the registrant's 26
registration, that needs to be taken to protect the wellbeing of 27
vulnerable persons. 28
(5) Also, if more than 1 person conducted the assessment and the 29
findings or recommendations are not unanimous, the assessment report 30
must include-- 31
s 273 169 s 273
Health Practitioners (Professional Standards)
(a) the different views of the persons; and 1
(b) the basis for each person's views. 2
(6) The person must-- 3
(a) give the assessment report to the board; and 4
(b) give a copy of the assessment report to the registrant or, if it 5
appears to the person that giving a copy of the report to the 6
registrant may be prejudicial to the physical or psychological 7
health or wellbeing of the registrant, a medical practitioner 8
nominated by the registrant; and 9
(c) if a copy of the assessment report is given to a medical 10
practitioner, give the registrant written notice that the copy has 11
been given to the medical practitioner. 12
(7) The registrant may nominate a medical practitioner under 13
subsection (6)(b) only if the medical practitioner has agreed to be 14
nominated. 15
(8) If a registrant does not nominate a medical practitioner for 16
subsection (6)(b), the person who conducted the assessment may-- 17
(a) refuse to give a copy of the assessment report to the registrant; or 18
(b) give the registrant a summary only of the findings in the report. 19
(9) A medical practitioner who has been given a report under 20
subsection (6)(b) must, within 14 days after receiving the report-- 21
(a) give the registrant the information from the report that the medical 22
practitioner reasonably considers appropriate in the circumstances; 23
or 24
(b) decide that, in the circumstances, it is not appropriate to give the 25
registrant any information from the report. 26
(10) As soon as practicable after the medical practitioner gives the 27
registrant information from the report or decides not to give the registrant 28
any information, the medical practitioner must, by written notice given to 29
the board, advise the board-- 30
(a) whether or not the information was given to the registrant; and 31
(b) if information was given to the registrant-- 32
s 274 170 s 276
Health Practitioners (Professional Standards)
(i) what information was given; and 1
(ii) when the information was given. 2
may make submissions about assessment report 3
Registrant
274.(1) A registrant given a copy of an assessment report or a summary 4
under section 273 may, within 14 days after receiving the copy or 5
summary, make written submissions relating to the report or summary to 6
the board. 7
(2) A registrant given information by a medical practitioner under 8
section 273(9) may, within 14 days after receiving the information, make 9
written submissions about the information to the board. 10
(3) Also, the registrant may give to the board a copy of a report about any 11
other recent and relevant health assessment the registrant has undergone. 12
(4) If the registrant gives a copy of a report to the board under 13
subsection (3), the copy must be a complete copy of the report. 14
about impairment 15
Decision
275.(1) After considering the assessment report, any submission made 16
by the registrant and any other health assessment report given to the board 17
under section 274(3), the board must decide whether the registrant is 18
impaired. 19
(2) Subsection (1) does not limit the matters the board may consider in 20
making the decision. 21
about action to be taken for impaired registrant 22
Decision
276.(1) This section applies if the board decides, under section 275(1), 23
the registrant is impaired. 24
(2) The board must decide to do 1 of the following-- 25
(a) with the registrant's agreement, enter into an undertaking with the 26
registrant about the registrant's professional conduct or practice, 27
including, for example, that the registrant will-- 28
(i) carry out the registrant's practice under supervision; or 29
s 277 171 s 277
Health Practitioners (Professional Standards)
(ii) attend counselling or a rehabilitation service; or 1
(iii) attend at the reasonable times and reasonable places decided 2
by the board for further health assessments, including, for 3
example, random urine drug screening, blood tests or hair 4
tests; 5
(b) conduct an investigation of the registrant under the investigation 6
part; 7
(c) refer the matter under section 126 for hearing by a panel or the 8
tribunal; 9
(d) take no further action relating to the matter. 10
(3) However, the board may enter into an undertaking with the registrant 11
under subsection (2) only if the board-- 12
(a) is satisfied the registrant is competent to enter into the 13
undertaking; and 14
(b) has advised the registrant that a failure to comply with the 15
undertaking is a ground for disciplinary action. 16
(4) If, after deciding to enter into an undertaking with the registrant, the 17
registrant and the board can not agree in relation to the undertaking or the 18
registrant is not competent to enter into an undertaking, the board must 19
decide to refer the matter to a health assessment committee under division 3. 20
(5) If the board decides to enter into an undertaking with the registrant 21
under subsection (2), it must also decide whether details of the undertaking 22
must be recorded in the board's register for the period the undertaking is in 23
force. 24
(6) The board must decide not to record details of the undertaking in its 25
register unless it reasonably believes it is in the interests of users of the 26
registrant's services or the public to know the details. 27
about action to be taken for registrants who are not impaired 28
Decision
277.(1) This section applies if, under section 275(1), the board decides 29
the registrant is not impaired. 30
(2) If the board reasonably believes another ground for disciplinary action 31
exists in relation to the registrant, the board may-- 32
s 278 172 s 279
Health Practitioners (Professional Standards)
(a) conduct an investigation of the registrant under the investigation 1
part; or 2
(b) deal with the matter by taking disciplinary proceedings under 3
part 6, division 4; or 4
(c) refer the matter under section 126 for hearing by a panel or the 5
tribunal. 6
of board's decision 7
Notification
278.(1) As soon as practicable after making its decision under 8
section 275, 276 or 277, the board must give written notice of the decision 9
to the registrant. 10
(2) The notice must state the following-- 11
(a) the board's decision-- 12
(i) if the notice relates to the board's decision under 13
section 275--about whether the registrant is impaired; and 14
(ii) if the notice relates to the board's decision under section 276 15
or 277--about the action, if any, the board has decided to 16
take in relation to the matter; 17
(b) the reasons for the decision, including the reasons for any 18
proposed action. 19
(3) The decision takes effect on the later of-- 20
(a) the day the notice is given to the registrant; or 21
(b) the day of effect stated in the notice. 22
information to be included in notice 23
Additional
279.(1) This section applies if the board decides, under section 275, that a 24
registrant is impaired. 25
(2) If the board decides to enter into an undertaking with the registrant, 26
the notice under section 278 must also state-- 27
(a) the fact that the registrant and the board have entered into an 28
undertaking must be recorded in the board's register for the 29
s 280 173 s 281
Health Practitioners (Professional Standards)
period for which the undertaking is in force; and 1
(b) for a decision that details of the undertaking must be recorded in 2
the register--the details that must be recorded in the register for 3
the period for which the undertaking is in force; and 4
(c) for a decision that details of the undertaking must be 5
recorded--the reason why the details must be recorded. 6
Subdivision 3--Miscellaneous 7
of person conducting assessment 8
Payment
280. A person who conducts a health assessment and prepares an 9
assessment report for a board is entitled to be paid for his or her work by 10
the board. 11
of assessment report 12
Use
281.(1) An assessment report is not admissible in any proceedings, other 13
than proceedings under this Act. 14
(2) A person can not be compelled to produce the report, or to give 15
evidence relating to the report or its contents, in any proceedings, other than 16
proceedings under this Act. 17
(3) Subsections (1) and (2) do not apply if the report is admitted or 18
produced, or evidence relating to the report or its contents is given, with the 19
consent of the person who prepared the report and the registrant to which 20
the report relates. 21
(4) In this section-- 22
"assessment report" includes a copy of the report, or a part of the report or 23
copy. 24
"proceedings under this Act" includes a health assessment by a health 25
assessment committee but does not include proceedings for an offence 26
against this Act. 27
s 282 174 s 283
Health Practitioners (Professional Standards)
3--Health assessment committees 1
Division
1--Establishment of health assessment committee 2
Subdivision
of health assessment committee 3
Establishment
282.(1) Subsection (1) applies if---- 4
(a) the tribunal directs a board to establish a health assessment 5
committee under section 218;67 or 6
(b) a registrant gives the registrant's board a notice under 7
section 306(2) asking the board to arrange another health 8
assessment of the registrant; or 9
(c) a board decides under section 276(4)68 to refer a matter to a health 10
assessment committee. 11
(2) As soon as practicable after the board receives the direction or notice 12
or making the decision, the board must establish a health assessment 13
committee to conduct a health assessment of the registrant. 14
(3) Also, a registrant's board may establish a health assessment 15
committee to conduct a health assessment of the registrant if the board 16
decides under section 272(2)(a)69 to refer a suspected matter to a health 17
assessment committee. 18
of health assessment committee 19
Composition
283.(1) A health assessment committee is to consist of appropriately 20
qualified members appointed by the board, but must include at least-- 21
(a) 1 medical practitioner; and 22
(b) a person who is-- 23
(i) a registrant in the same profession as the registrant to be 24
67 Section 218 (Tribunal's powers relating to health assessment)
68 Section 276 (Decision about action to be taken for impaired registrant)
69 Section 272 (Powers of board if registrant does not undergo health assessment
etc.)
s 284 175 s 285
Health Practitioners (Professional Standards)
assessed; or 1
(ii) registered, licensed or otherwise authorised in another State 2
to practise the same profession as the registrant. 3
(2) Before appointing a person under subsection (1), the board must be 4
satisfied the person does not have a personal or professional connection 5
with the registrant to whom the health assessment relates that may prejudice 6
the way in which the person performs the person's functions as a 7
committee member. 8
(3) To remove any doubt, it is declared that the board may appoint an 9
appropriately qualified board member as a member of the health assessment 10
committee. 11
(4) In this section-- 12
"appropriately qualified", for a member of a health assessment 13
committee, includes having the qualifications, and the experience, 14
knowledge or skills, to fulfil the role of a member of the committee. 15
of health assessment committee members etc. 16
Remuneration
284.(1) A member of a health assessment committee is entitled to be 17
paid the remuneration and allowances decided by the Governor in Council. 18
(2) The remuneration and allowances are payable by the board that 19
established the committee. 20
2--Functions of health assessment committee 21
Subdivision
of health assessment committee 22
Functions
285.(1) The functions of the health assessment committee are-- 23
(a) to assess whether the registrant is impaired; and 24
(b) to give the relevant body the committee's findings; and 25
(c) if the committee finds the registrant is impaired, give the relevant 26
body-- 27
(i) information about the nature and extent of the impairment; 28
and 29
s 286 176 s 287
Health Practitioners (Professional Standards)
(ii) recommendations about actions that needs to be taken to 1
protect vulnerable persons. 2
(2) In subsection (1)(b) and (c)-- 3
"relevant body" means-- 4
(a) if the committee is established at the tribunal's direction--the 5
tribunal; or 6
(b) otherwise--the board. 7
3--Assessment procedures and committees' powers 8
Subdivision
about establishment of health assessment committee 9
Notice
286.(1) As soon as practicable after a registrant's board establishes a 10
health assessment committee to conduct a health assessment of the 11
registrant, the board must give written notice to the registrant about the 12
committee's establishment. 13
(2) The notice must include the following-- 14
(a) the reasons for the health assessment; 15
(b) the names and qualifications of the members of the health 16
assessment committee; 17
(c) the procedures to be followed under this division, including, for 18
example, the registrant's right to make written or oral 19
submissions to the health assessment committee. 20
may make submissions to health assessment committee 21
Registrant
287.(1) The registrant may make written or oral submissions to the 22
health assessment committee. 23
(2) Also, the registrant may give to the health assessment committee a 24
copy of a report about any other recent and relevant health assessment the 25
registrant has undergone. 26
(3) If the registrant gives a copy of the report to the health assessment 27
committee the copy must be a complete copy of the report. 28
s 288 177 s 289
Health Practitioners (Professional Standards)
of health assessment committee about registrant 1
Power
288.(1) A health assessment committee may, by written notice given to a 2
registrant, require the registrant to attend before the committee at a stated 3
reasonable time and place to undergo a health assessment. 4
(2) The notice must also advise the registrant of the terms of 5
section 289(1). 6
(3) If the registrant is required to attend before the health assessment 7
committee, the registrant may be accompanied by a lawyer or another 8
person but the lawyer or other person is not entitled to address the 9
committee on the registrant's behalf. 10
(4) The registrant must not fail, without reasonable excuse-- 11
(a) to attend as required by the notice; or 12
(b) to continue to attend as required by the committee until excused 13
from further attendance; or 14
(c) if the notice requires the registrant to undergo a health 15
assessment--to cooperate with the health assessment committee 16
in the conduct of the health assessment. 17
to comply with requirement of health assessment committee 18
Failure
289.(1) If the registrant contravenes section 288(4), the board may do 1 19
or more of the following-- 20
(a) suspend the registrant's registration; 21
(b) conduct an investigation of the registrant under the investigation 22
part; 23
(c) refer the matter under section 126 for hearing by a panel or the 24
tribunal. 25
(2) As soon as practicable after deciding to take action under 26
subsection (1), the board must give written notice of the decision-- 27
(a) to the registrant; and 28
(b) to the commissioner. 29
(3) If the board suspends the registrant's registration-- 30
s 290 178 s 290
Health Practitioners (Professional Standards)
(a) the registrant may, by written notice given to the board, ask the 1
board to refer the matter under section 126 for hearing by the 2
tribunal; and 3
(b) the board must, if asked to do so, refer the matter under 4
section 126 for hearing by the tribunal; and 5
(c) the board must record in its register, for the period for which the 6
suspension is in force, that the registrant's registration has been 7
suspended. 8
(4) The suspension continues until the first of the following happens-- 9
(a) the registrant attends for a health assessment, cooperates in the 10
conduct of the health assessment and the assessment is 11
completed; 12
(b) the matter is referred for hearing by the tribunal and the tribunal-- 13
(i) stays the board's decision to suspend the registrant's 14
registration; or 15
(ii) decides the matter. 16
powers of health assessment committee 17
Other
290.(1) For conducting a health assessment, a health assessment 18
committee may, by written notice given to a person other than the registrant, 19
require the person-- 20
(a) to give stated information to the committee within a stated 21
reasonable time and in a stated reasonable way; or 22
(b) to attend before the committee at a stated reasonable time and 23
place-- 24
(i) to answer questions; or 25
(ii) to produce a stated thing. 26
(2) Also, for conducting a health assessment, a health assessment 27
committee may, by written notice, require the registrant to attend before the 28
committee at a stated reasonable time and place to produce a stated thing. 29
s 291 179 s 293
Health Practitioners (Professional Standards)
1
Offences
291.(1) A person required to give stated information to a health 2
assessment committee under section 290(1) must not fail, without 3
reasonable excuse, to give the information as required by the notice. 4
Maximum penalty--60 penalty units. 5
(2) A person given a notice under section 290(1) to attend before a health 6
assessment committee must not fail, without reasonable excuse-- 7
(a) to attend as required by the notice; or 8
(b) to continue to attend as required by the committee until excused 9
from further attendance; or 10
(c) to answer a question the person is required to answer by the 11
committee; or 12
(d) to produce a thing the person is required to produce by the notice. 13
Maximum penalty--60 penalty units. 14
(3) A registrant given a notice under section 290(2) to attend before a 15
health assessment committee and produce a stated thing must not fail, 16
without reasonable excuse to attend and produce the thing as required by the 17
notice. 18
Maximum penalty for subsection (3)--60 penalty units. 19
20
Self-incrimination
292. For section 291, it is a reasonable excuse for an individual to fail to 21
give stated information, answer a question or to produce a thing if giving the 22
information, answering the question or producing the thing might tend to 23
incriminate the individual. 24
of things 25
Inspection
293.(1) If a thing is produced to a health assessment committee, whether 26
under a notice under section 288 or 290 or otherwise, the committee may 27
inspect it. 28
(2) The health assessment committee may do all or any of the following 29
if the committee reasonably believes the thing may be relevant to the 30
s 294 180 s 296
Health Practitioners (Professional Standards)
assessment being conducted by the committee-- 1
(a) photograph the thing; 2
(b) for a document--make a copy of, or take an extract from, it; 3
(c) keep the thing while it is necessary for the assessment. 4
(3) If the health assessment committee keeps the thing, the committee 5
must permit a person otherwise entitled to possession of the thing-- 6
(a) for a document--inspect, make a copy of, or take an extract from, 7
the document, at the reasonable time and place the committee 8
decides; and 9
(b) for another thing--inspect or photograph the thing, at the 10
reasonable time and place the committee decides. 11
or misleading information 12
False
294. A person must not state anything or give information to a health 13
assessment committee that the person knows is false or misleading in a 14
material particular. 15
Maximum penalty--60 penalty units. 16
or misleading documents 17
False
295.(1) A person must not give to a health assessment committee a 18
document containing information the person knows is false or misleading in 19
a material particular. 20
(2) Subsection (1) does not apply to a person who, when giving the 21
document-- 22
(a) informs the health assessment committee, to the best of the 23
person's ability, how it is false or misleading; and 24
(b) gives the correct information to the committee if the person has, 25
or can reasonably obtain, the correct information. 26
assessment committee to prepare report 27
Health
296.(1) After conducting its assessment of the registrant and considering 28
s 296 181 s 296
Health Practitioners (Professional Standards)
any submissions made by the registrant or other health assessment reports 1
given by the registrant to the committee under section 287, the health 2
assessment committee must prepare a report about the assessment (an 3
"assessment report"). 4
(2) The assessment report must include-- 5
(a) the health assessment committee's findings as to whether the 6
registrant is impaired; and 7
(b) if the committee finds the registrant is impaired-- 8
(i) the nature and extent of the registrant's impairment; and 9
(ii) the committee's recommendations as to any action, 10
including, for example, the imposition of conditions on the 11
registrant's registration, that needs to be taken to protect 12
vulnerable persons. 13
(3) Also, if the health assessment committee's findings or 14
recommendations are not unanimous, the assessment report must include-- 15
(a) the different views of the committee members; and 16
(b) the basis for the different views. 17
(4) The health assessment committee must give the report-- 18
(a) if the committee was established on the board's own initiative--to 19
the board; or 20
(b) if the committee was established at the direction of the 21
tribunal--to the tribunal. 22
(5) Also, the health assessment committee must-- 23
(a) give a copy of the report to the registrant or, if it appears to the 24
committee that giving a copy of the assessment report to the 25
registrant may be prejudicial to the physical or psychological 26
health or wellbeing of the registrant, a medical practitioner 27
nominated by the registrant; and 28
(b) if a copy of the assessment report is given to a medical 29
practitioner, give the registrant written notice that a copy of the 30
report has been given to the medical practitioner. 31
(6) The registrant may nominate a medical practitioner only if the medical 32
s 297 182 s 297
Health Practitioners (Professional Standards)
practitioner has agreed to be nominated. 1
(7) If a registrant does not nominate a medical practitioner for 2
subsection (5)(a), the health assessment committee may-- 3
(a) refuse to give a copy of the report to the registrant; or 4
(b) give the registrant only a summary of the report's findings. 5
(8) A medical practitioner who has been given a copy of an assessment 6
report under subsection (5)(a) must, within 14 days after receipt of the 7
report-- 8
(a) give the registrant the information from the report that the medical 9
practitioner reasonably considers appropriate in the circumstances; 10
or 11
(b) decide that, in the circumstances, it is not appropriate to give the 12
registrant any information from the report. 13
(9) As soon as practicable after the medical practitioner gives the 14
registrant information from the report or decides not to give the registrant 15
any information, the medical practitioner must give to the board or, if the 16
committee was established at the tribunal's direction, the tribunal, written 17
notice advising the board or tribunal-- 18
(a) whether or not the information was given to the registrant; or 19
(b) if information was given to the registrant-- 20
(i) what information was given; and 21
(ii) when the information was given. 22
may make submissions about assessment report 23
Registrant
297.(1) A registrant given a copy of an assessment report under 24
section 296 may, within 14 days after receiving the copy of summary, make 25
written submissions relating to the report or summary-- 26
(a) if the committee was established at the tribunal's direction--to the 27
tribunal; or 28
(b) otherwise--to the board. 29
(2) A registrant given information by a medical practitioner under 30
section 296(8) may, within 14 days after receiving the information, make 31
s 298 183 s 299
Health Practitioners (Professional Standards)
written submissions about the information-- 1
(a) if the committee was established at the tribunal's direction--to the 2
tribunal; or 3
(b) otherwise--to the board. 4
(3) Also, the registrant may give a copy of a report about any other recent 5
and relevant health assessment the registrant has undergone-- 6
(a) if the committee was established at the tribunal's direction--to the 7
tribunal; or 8
(b) otherwise--to the board. 9
(4) If the registrant gives a copy of a report to the tribunal or board under 10
subsection (3), the copy must be a complete copy of the report. 11
4--Decision by board about impairment 12
Division
about impairment 13
Decision
298.(1) After considering the assessment report, any submission made 14
by the registrant and any other health assessment report given to it under 15
section 297(3), the board must decide whether the registrant is impaired. 16
(2) Subsection (1) does not limit the matters the board may consider in 17
making the decision. 18
about action to be taken for impaired registrant 19
Decision
299.(1) This section applies if the board decides, under section 298(1), 20
the registrant is impaired. 21
(2) The board must decide to do 1 or more of the following-- 22
(a) impose conditions on the registrant's registration, including, for 23
example-- 24
(i) requiring the registrant to carry out the registrant's practice 25
under supervision; or 26
(ii) requiring the registrant to attend counselling or a 27
rehabilitation service; 28
s 300 184 s 300
Health Practitioners (Professional Standards)
(b) order the registrant to attend at the reasonable times and 1
reasonable places decided by the board for further health 2
assessments, including, for example, random urine drug 3
screening, blood tests or hair tests; 4
(c) with the registrant's agreement, enter into an undertaking with the 5
registrant about the registrant's professional conduct or practice; 6
(d) conduct an investigation of the registrant under the investigation 7
part; 8
(e) refer the matter under section 126 for hearing by a panel or the 9
tribunal; 10
(f) take no further action relating to the matter. 11
(3) However, the board may enter into an undertaking with the registrant 12
under subsection (2) only if the board-- 13
(a) is satisfied the registrant is competent to enter into the 14
undertaking; and 15
(b) has advised the registrant that a failure to comply with the 16
undertaking is a ground for disciplinary action. 17
(4) If the board decides to impose conditions on the registrant's 18
registration or enter into an undertaking with the registrant, it must also 19
decide whether details of the conditions or undertaking must be recorded in 20
the board's register for the period for which the conditions or undertaking is 21
in force. 22
(5) The board must decide not to record details of the conditions or 23
undertaking in its register unless it reasonably believes it is in the interests of 24
users of the registrant's services or the public to know the details. 25
(6) Also, if the board's decision is to impose conditions on the 26
registrant's registration or make an order under subsection (2)(b), the board 27
must decide the period, not more than 3 years from the day the decision 28
takes effect, after which the registrant may ask for another health 29
assessment under section 306. 30
about action to be take for registrants who are not impaired 31
Decision
300.(1) This section applies if, under section 298(1), the board decides 32
s 301 185 s 301
Health Practitioners (Professional Standards)
the registrant is not impaired. 1
(2) If the board reasonably believes another ground for disciplinary action 2
exists in relation to the registrant, the board may-- 3
(a) conduct an investigation of the registrant under the investigation 4
part; or 5
(b) deal with the matter by taking disciplinary proceedings under 6
part 6, division 4; or 7
(c) refer the matter under section 126 for hearing by a panel or the 8
tribunal. 9
5--Action after decision about impairment 10
Division
of board's decision 11
Notification
301.(1) As soon as practicable after making its decision under 12
section 298, 299 or 300, the board must give written notice of the decision 13
to the registrant. 14
(2) The notice must state the following-- 15
(a) the board's decision-- 16
(i) if the notice relates to the board's decision under 17
section 298--about whether the registrant is impaired; and 18
(ii) if the notice relates to the board's decision under section 299 19
or 300--about the action, if any, the board has decided to 20
take in relation to the matter; 21
(b) the reasons for the decision, including the reasons for any 22
proposed action; 23
(c) for a decision that the registrant is impaired or a decision under 24
section 299(2)(a) or (b), (4) or (6)--that the registrant may appeal 25
against the decision to the tribunal and how to appeal; 26
(d) for a decision ordering the registrant to attend for further health 27
assessments--that the health assessments must be conducted at 28
the registrant's expense. 29
(3) The decision takes effect on the later of-- 30
s 302 186 s 303
Health Practitioners (Professional Standards)
(a) the day the notice is given to the registrant; or 1
(b) the day of effect stated in the notice. 2
information to be included in notice 3
Additional
302.(1) This section applies if the board decides, under section 298, that a 4
registrant is impaired. 5
(2) The notice under section 301 must also state-- 6
(a) for a decision to impose conditions on the registrant's 7
registration-- 8
(i) the fact that conditions have been imposed must be recorded 9
in the board's register for the period for which the conditions 10
are in force; and 11
(ii) if details of the conditions must be recorded in the 12
register--the details that must be recorded in the register for 13
the period for which the conditions are in force; and 14
(iii) if details of the conditions must be recorded--the reason 15
why the details must be recorded; and 16
(iv) the period after which the registrant may ask for another 17
health assessment under section 306; and 18
(b) for a decision to enter into an undertaking with the registrant-- 19
(i) the fact that the registrant and the board have entered into an 20
undertaking must be recorded in the board's register for the 21
period for which the undertaking is in force; and 22
(ii) if details of the undertaking must be recorded in the 23
register--the details that must be recorded in the register for 24
the period for which the undertaking is in force; and 25
(iii) if details of the undertaking must be recorded--the reason 26
why the details must be recorded. 27
and undertakings to be recorded in board's register 28
Conditions
303.(1) This section applies if the board made a decision under 29
section 299 to impose conditions on a registrant's registration, or a decision 30
s 304 187 s 304
Health Practitioners (Professional Standards)
under section 276 or 299 to enter into an undertaking with a registrant. 1
(2) As soon as practicable after imposing the conditions or entering into 2
the undertaking, the board must record in its register, for the period for 3
which the conditions or undertaking is in force-- 4
(a) the fact that conditions have been imposed on the registrant's 5
registration or an undertaking entered into with the registrant; and 6
(b) if the board decides under section 276(5) or 299(4) to record 7
details of the conditions or undertaking in its register--the details. 8
of other entities 9
Notification
304.(1) As soon as practicable after a board makes a decision under 10
section 275, 276, 277, 298, 299 or 300 relating to a registrant, a board must 11
give a written notice about the decision to-- 12
(a) the commissioner; and 13
(b) the complainant, if the matter relates to a complaint. 14
(2) However, the board must give notice to the commissioner only if the 15
matter is a result of-- 16
(a) a complaint made to the commissioner and referred to the board; 17
or 18
(b) a complaint made to the board by a user of the registrant's 19
services or an entity acting on behalf of a user of the registrant's 20
services. 21
(3) The notice to the commissioner must include the information given to 22
the registrant in the notice under section 278 or 301. 23
(4) The notice to the complainant must only include the following 24
information-- 25
(a) a statement that the matter has been dealt with by the board; 26
(b) whether conditions have been imposed on the registrant's 27
registration or an undertaking entered into between the registrant 28
and the board; 29
(c) if details of the conditions or undertaking must be recorded in the 30
board's register--that details of the conditions or undertaking that 31
s 305 188 s 307
Health Practitioners (Professional Standards)
must be recorded while the conditions or undertaking is in force. 1
6--Miscellaneous 2
Division
or order in force until further decision made 3
Conditions
305.(1) This section applies if, under section 299(2), a board decides-- 4
(a) to impose conditions on a registrant's registration; or 5
(b) to order the registrant to attend for further health assessments. 6
(2) Subject to any appeal against the board's decision, the conditions or 7
order remains in force until-- 8
(a) the registrant asks for another health assessment (the "further 9
assessment") to be conducted; and 10
(b) the board makes a decision under section 298 and, if relevant, 11
section 299 about the further assessment. 12
may request further health assessment 13
Registrant
306.(1) This section applies if-- 14
(a) a board imposes conditions on a registrant's registration or makes 15
an order in relation to a registrant under section 299(2); and 16
(b) the period stated by the board under section 299(6) during which 17
the registrant may not ask for a further assessment has ended. 18
(2) The registrant may, by written notice to the board, ask the board to 19
arrange a further assessment of the registrant. 20
of assessment report 21
Use
307.(1) An assessment report prepared under section 296(1)70 is not 22
admissible in any proceedings, other than proceedings under this Act. 23
(2) A person can not be compelled to produce the report, or to give 24
evidence relating to the report or its contents, in any proceedings, other than 25
70 Section 296 (Health assessment committee to prepare report)
s 308 189 s 310
Health Practitioners (Professional Standards)
proceedings under this Act. 1
(3) Subsections (1) and (2) do not apply if the report is admitted or 2
produced, or evidence relating to the report or its contents is given, with the 3
consent of the person who prepared the report and the registrant to which 4
the report relates. 5
(4) In this section-- 6
"assessment report" includes a copy of the report, or a part of the report or 7
copy. 8
"proceedings under this Act" includes a health assessment by a health 9
assessment committee but does not include proceedings for an offence 10
against this Act. 11
must pay cost of health assessment 12
Board
308. If a board establishes a health assessment committee, the board 13
must pay the costs of the health assessment conducted by the committee. 14
ART 8--POWERS RESULTING FROM ACTION 15
P
UNDER FOREIGN LAW 16
Division 1--Preliminary 17
of pt 8 18
Purpose
309. The purpose of this part is to protect the public by enabling 19
disciplinary action taken under a foreign law to be applied to a registrant's 20
registration without taking disciplinary proceedings under this Act. 21
for pt 8 22
Definition
310. In this part-- 23
"foreign law", in relation to a registrant's registration, means-- 24
s 311 190 s 311
Health Practitioners (Professional Standards)
(a) for a medical practitioner--a law of a foreign country providing 1
for the registration, licensing or certification of registrants under 2
an authority established by a law of the country; or 3
(b) for another type of registrant--a law of a foreign country, other 4
than New Zealand, providing for the registration, licensing or 5
certification of registrants under an authority established by a law 6
of the country. 7
Division 2--Action taken by board on basis of foreign law 8
may take action on basis of foreign law 9
Board
311.(1) This section applies if-- 10
(a) after a registrant is registered under the health practitioner 11
registration Act establishing the registrant's board-- 12
(i) the registrant's registration, licence or certification under a 13
foreign law relating to the registrar's profession is suspended 14
or cancelled for a reason relating to a matter for which 15
disciplinary action could be taken under this Act; or 16
(ii) conditions are imposed on the registrant's registration, 17
licence or certification under a foreign law relating to the 18
registrant's profession for a reason relating to a matter for 19
which disciplinary action could be taken under this Act; and 20
(b) the board reasonably believes that, to achieve the objects of this 21
Act, it is necessary for the registrant's registration in Queensland 22
to be affected in the same way. 23
(2) The board must give the registrant a written notice that states the 24
following-- 25
(a) the board intends to suspend or cancel, or impose conditions on, 26
the registrant's registration (the "proposed action"); 27
(b) the ground for the proposed action; 28
(c) an invitation to the registrant to show, by written submission 29
given to the board within a stated time of at least 28 days after the 30
registrant receives the notice, why the proposed action should not 31
s 312 191 s 312
Health Practitioners (Professional Standards)
be taken. 1
(3) The board must consider any submission made under subsection (2) 2
and decide whether or not to take the proposed action. 3
(4) As soon as practicable after the board makes the decision, the board 4
must give written notice of the decision to the registrant and the 5
commissioner (the "decision notice"). 6
(5) If the board decides to take the proposed action, the decision notice 7
must state the following-- 8
(a) the reasons for the decision; 9
(b) that the registrant may appeal against the decision to the tribunal; 10
(c) how the registrant may appeal. 11
(6) A decision to take the proposed action takes effect on the later of-- 12
(a) the day the decision notice is given to the registrant; or 13
(b) the day of effect stated in the notice. 14
(7) Also, as soon as practicable after taking the proposed action, the 15
board must give the commissioner written notice of the decision. 16
action by board relating to proposed action 17
Further
312.(1) Subsection (2) applies if the registrant's board takes the proposed 18
action. 19
(2) The board must-- 20
(a) if the board suspends the registrant's registration--decide to end 21
the suspension if the suspension under the foreign law is ended; 22
and 23
(b) if the board cancels the registrant's registration--decide to 24
reinstate the registrant's registration if the registrant's registration, 25
licence or certification under the foreign law is reinstated; and 26
(c) if the board imposes conditions on the registrant's registration and 27
the conditions under the foreign law are removed--remove the 28
conditions; and 29
(d) if the board imposes conditions on the registrant's registration and 30
s 313 192 s 313
Health Practitioners (Professional Standards)
the conditions under the foreign law are changed--change the 1
conditions in the same way. 2
(3) As soon as practicable after the board makes the decision the board 3
must give written notice of the decision to the registrant and the 4
commissioner. 5
(4) The decision takes effect on the later of-- 6
(a) the day the notice is given to the registrant; or 7
(b) the day of effect stated in the notice. 8
(5) This section does not limit the disciplinary action a disciplinary body 9
may take under this Act. 10
Division 3--Records 11
to be made in register 12
Record
313.(1) This section applies if-- 13
(a) a registrant's registration is suspended or cancelled under 14
section 311; or 15
(b) conditions are imposed on a registrant's registration under 16
section 311, or conditions on a registrant's registration are 17
changed under section 312(2)(d); or 18
(c) a person's registration is reinstated under section 312(2)(b). 19
(2) As soon as practicable after the event mentioned in subsection (1) 20
happens, the board must-- 21
(a) if the registrant's registration is cancelled--remove the 22
registrant's name from its register; and 23
(b) if the registrant's registration is suspended--record in its register 24
for the period for which the suspension is in force that the 25
registrant's registration is suspended; and 26
(c) if conditions are imposed on the registrant's registration--record 27
in its register for the period for which the conditions are in 28
force-- 29
s 314 193 s 316
Health Practitioners (Professional Standards)
(i) that the registrant's registration is subject to conditions; and 1
(ii) details of the conditions; and 2
(d) if the person's registration is reinstated--again register the person. 3
(3) However, the board must record the details of the conditions in the 4
register unless it considers it is not in the interests of the users of the 5
registrant's services or the public to know the nature of the conditions. 6
ART 9--REVIEWS AND APPEALS 7
P
Division 1--Preliminary 8
urposes of pt 9 9
P
314. The purposes of this part are to provide for-- 10
(a) the review of certain decisions under this Act; and 11
(b) appeals from certain decisions under this Act to the tribunal or the 12
Court of Appeal. 13
Division 2--Review of conditions imposed under decision of panel 14
of conditions imposed under decision of panel 15
Reviews
315. Conditions imposed on a registrant's registration under 16
section 201(2)(b) or 32471 by a panel may be reviewed under this division. 17
may have conditions reviewed 18
Who
316.(1) The registrant to whom the conditions relate may have the 19
conditions reviewed. 20
71 Sections 201 (Decision about disciplinary action relating to registrant) and
324 (Powers of review panel on review)
s 317 194 s 319
Health Practitioners (Professional Standards)
(2) However, the registrant may not have the conditions reviewed-- 1
(a) during the period stated in the panel's decision under 2
section 201(3) or 324(3); or 3
(b) while an appeal to the tribunal about the decision is pending. 4
to start a review 5
How
317.(1) A review is started by the registrant filing a notice in the 6
approved form (a "notice of review") with the secretary. 7
(2) The notice of review must require the registrant to state-- 8
(a) that the registrant believes the conditions are no longer 9
appropriate; and 10
(b) the reasons for the registrant's belief. 11
to give notice of review to particular persons 12
Secretary
318.(1) The secretary must, within 14 days after the notice of review is 13
filed, give written notice-- 14
(a) to the registrant's board; and 15
(b) to the commissioner. 16
(2) The secretary's notice must-- 17
(a) state that a notice of review of the conditions relating to the 18
registrant has been filed; and 19
(b) be accompanied by a copy of the notice of review. 20
to establish panel 21
Secretary
319.(1) As soon as practicable after the notice of review is filed, the 22
secretary must establish a panel to review the conditions (a "review 23
panel"). 24
(2) Part 2, division 3, subdivision 272 applies to the establishment of a 25
72 Part 2 (Administration), division 3 (Professional conduct review panels),
subdivision 2 (Membership of panels)
s 320 195 s 321
Health Practitioners (Professional Standards)
review panel as if the review panel were being established to hear a 1
disciplinary matter referred by a board under section 126. 2
(3) To remove any doubt, it is declared that a member of the review panel 3
may be a person who was a member of the panel that made the decision to 4
impose the conditions (the "original panel"). 5
may be by hearing or written submission 6
Review
320.(1) The review panel must decide whether it-- 7
(a) will conduct a hearing for the review; or 8
(b) will conduct the review on the basis of written submissions. 9
(2) The review panel may decide to conduct the review on the basis of 10
written submissions only if the panel reasonably believes it is appropriate 11
and fair to do so in the circumstances. 12
about hearing 13
Notice
321.(1) The secretary must give the parties written notice about the 14
review panel's intention to conduct a hearing for the review. 15
(2) The notice must state the following-- 16
(a) the time and place of the hearing; 17
(b) that the registrant must attend the hearing; 18
(c) that the registrant's board may, under section 182,73 nominate a 19
board member or other person to appear at the hearing on behalf 20
of the board; 21
(d) that the registrant or board's nominee may be accompanied by a 22
lawyer or another person. 23
(3) The time of the hearing stated in the notice under subsection (2)(a) 24
must be at least 14 days after the registrant receives the notice. 25
73 Section 182 (Appearance and attendance at hearing)
s 322 196 s 323
Health Practitioners (Professional Standards)
by hearing 1
Review
322.(1) The procedure for the hearing for a review must be in accordance 2
with part 6, division 5, subdivision 2, other than sections 174, 175, 177 3
and 178.74 4
(2) In conducting the hearing, the review panel may have regard-- 5
(a) to any evidence or other material considered by the original panel; 6
and 7
(b) to any decisions, including the reasons for the decisions, made by 8
the original panel. 9
(3) Subsection (2) does not limit the matters to which the review panel 10
may have regard in making its decision. 11
by written submissions 12
Review
323.(1) If the review panel decides to conduct the review on the basis of 13
written submissions-- 14
(a) the panel must decide a reasonable time within which it will 15
accept written submissions; and 16
(b) the secretary must give the parties written notice that the review is 17
to be conducted on the basis of written submissions. 18
(2) The notice must state the time, decided under subsection (1)(a), 19
within which the review panel will accept written submissions. 20
(3) In conducting the review, the review panel may have regard-- 21
(a) to any evidence or other material considered by the original panel; 22
and 23
(b) to any decisions, including the reasons for the decisions, made by 24
the original panel. 25
(4) Subsection (3) does not limit the matters to which the review panel 26
may have regard. 27
74 Sections 174 (Notice of intention to conduct hearing), 175 (Substituted service
on registrant and complainant), 177 (Registrant may require referral to tribunal)
and 178 (Powers of panel to direct referral of matter to tribunal)
s 324 197 s 325
Health Practitioners (Professional Standards)
of review panel on review 1
Powers
324.(1) After reviewing the conditions imposed by the original panel, the 2
review panel must decide-- 3
(a) to confirm the conditions; or 4
(b) to remove the conditions; or 5
(c) to change the conditions; or 6
(d) to remove the conditions and replace the conditions with another 7
action a panel may take under section 201(2).75 8
(2) In making its decision under subsection (1), section 20476 applies to 9
the review panel as if the panel's decision on the review were a decision 10
made under section 201(2). 11
(3) If the review panel's decision under subsection (1) (the "review 12
decision") imposes conditions on the registrant's registration, 13
section 201(3) applies as if the review decision were a decision under 14
section 201(2). 15
(4) If the review decision is of a type mentioned in section 201(2), 16
section 202 applies as if the review decision were a decision made under 17
section 201(2). 18
(5) Part 6, division 5, subdivision 577 applies to a review decision as if it 19
were a decision made under section 201(2). 20
Division 3--Appeals to tribunal 21
decisions for tribunal 22
Appealable
325.(1) Each of the following decisions of a board is an appealable 23
decision for this division-- 24
75 Section 201 (Decision about disciplinary action relating to registrant)
76 Section 204 (Matters panel must consider in making decision about disciplinary
action)
77 Part 6 (Disciplinary proceedings), division 5 (Professional conduct review
panels), subdivision 5 (Action after decision about disciplinary matter)
s 325 198 s 325
Health Practitioners (Professional Standards)
(a) a decision under section 59(2)78 to suspend, or impose conditions 1
on, a registrant's registration; 2
(b) a decision under section 298(1)79 that a registrant is impaired; 3
(c) a decision-- 4
(i) under section 299(2)80 to impose conditions on a registrant's 5
registration or order a registrant to attend for further health 6
assessments; or 7
(ii) under section 299(4) to record details of conditions or an 8
undertaking in the board's register; or 9
(iii) under section 299(6) about the period after which a registrant 10
may ask for another health assessment; 11
(d) a decision under section 31181 to suspend or cancel, or impose 12
conditions on, a registrant's registration. 13
(2) Each of the following decisions of a panel is an appealable decision 14
for this division-- 15
(a) a decision under section 200(1)82 about whether a ground for 16
disciplinary action against a registrant is established; 17
(b) a decision under section 201(2) or 203(2)(b) to take disciplinary 18
action against a registrant; 19
(c) a decision under section 201(3) or 324(3)83 about the period 20
within which a registrant may not apply for a review of a 21
decision; 22
(d) a decision under section 202(1) to record that a registrant has been 23
given advice or a caution or reprimand and the period for which it 24
78 Section 59 (Immediate suspension or imposition of conditions on registration)
79 Section 298 (Decision about impairment)
80 Section 299 (Decision about action to be taken for impaired registrant)
81 Section 311 (Board may take action on basis of foreign law)
82 Section 200 (Decision about whether ground for disciplinary action established)
83 Section 201 (Decision about disciplinary action relating to registrant) or
203 (Decision about disciplinary action relating to former registrant) or
324 (Powers of review panel on review)
s 326 199 s 328
Health Practitioners (Professional Standards)
is to be recorded, or to record details of conditions or an 1
undertaking; 2
(e) a decision under section 324 to confirm, remove or change 3
conditions, or remove conditions and replace the conditions with 4
another action a panel may take under section 201(2). 5
may appeal 6
Who
326. The following persons may appeal to the tribunal against an 7
appealable decision-- 8
(a) the registrant to whom the appealable decision relates; 9
(b) the registrant's board, if the appealable decision was made by a 10
panel. 11
to start an appeal 12
How
327.(1) An appeal is started by filing a notice in the approved form (a 13
"notice of appeal") with the registrar. 14
(2) The notice of appeal must require the appellant to state fully the 15
grounds for the appeal and the facts relied on. 16
(3) The notice of appeal must be filed within 28 days after the day the 17
appellant receives notice of the appealable decision. 18
(4) The tribunal may, at any time, extend the period for filing a notice of 19
appeal. 20
to give notice of appeal to particular persons 21
Registrar
328.(1) The registrar must, within 14 days after the notice of appeal is 22
filed, give written notice-- 23
(a) if the appellant is the registrant--to the registrant's board and the 24
commissioner; and 25
(b) if the appellant is the registrant's board--to the registrant and the 26
commissioner. 27
(2) The registrar's notice must-- 28
s 329 200 s 331
Health Practitioners (Professional Standards)
(a) state that a notice of appeal has been filed; and 1
(b) be accompanied by a copy of the notice. 2
(3) If a registrant or board is given a notice of appeal under 3
subsection (1), the registrant or board is the respondent for the appeal. 4
of operation of appealable decision 5
Stay
329.(1) If a registrant files, or has filed, a notice of appeal and makes an 6
application to the tribunal for a stay of the appealable decision to secure the 7
effectiveness of the appeal, the tribunal may grant the stay if it considers it 8
appropriate. 9
(2) However, the tribunal must not grant a stay of a decision by a board 10
under section 59(2) 84 to suspend, or impose conditions on, a registrant's 11
registration. 12
(3) The stay may be granted on conditions the tribunal considers 13
appropriate and has effect for the period stated by the tribunal. 14
(4) However, the period of the stay must not extend past the time when 15
the tribunal decides the appeal. 16
(5) An appeal against an appealable decision does not affect the operation 17
or carrying out of the decision unless the decision is stayed by the tribunal. 18
against immediate suspension etc. to be decided quickly 19
Appeal
330.(1) This section applies if a registrant files a notice of appeal against a 20
decision by the registrant's board under section 59(2) to suspend, or impose 21
conditions on, the registrant's registration. 22
(2) The tribunal must decide the appeal as quickly as possible. 23
is by way of rehearing 24
Appeal
331.(1) An appeal under this division is by way of rehearing on the 25
evidence or other material (the "original evidence") before the board or 26
panel that made the appealable decision. 27
84 Section 59 (Immediate suspension or imposition of conditions on registration)
s 332 201 s 333
Health Practitioners (Professional Standards)
(2) However, the tribunal may give leave to adduce fresh, additional or 1
substituted evidence (the "new evidence") if the tribunal is satisfied-- 2
(a) the party asking to adduce the new evidence did not know, or 3
could not reasonably be expected to have known, of its existence 4
at the time the appealable decision was made; or 5
(b) in the special circumstances of the case, it would be unfair not to 6
allow the party to adduce the new evidence. 7
(3) If the tribunal gives leave under subsection (2), the appeal is-- 8
(a) by way of rehearing on the original evidence; and 9
(b) on the new evidence adduced. 10
about conduct of hearing 11
Notice
332.(1) The registrar must give the parties written notice of the tribunal's 12
intention to conduct a hearing for the appeal. 13
(2) The notice must state the following-- 14
(a) the time and place of the hearing; 15
(b) that the registrant must attend the hearing; 16
(c) that a party may appear in person or may have a lawyer or another 17
person appear at the hearing on the party's behalf. 18
(3) The time for the hearing stated in the notice under subsection (2)(a) 19
must be at least 14 days after the registrant receives the notice. 20
by hearing 21
Appeals
333.(1) The procedure for the hearing of an appeal must be in accordance 22
with part 6, division 6, subdivision 2, other than section 215.85 23
(2) However, for subsection (1)-- 24
85 Part 6 (Disciplinary proceedings), division 6 (Health Practitioners Tribunal),
subdivision 2 (Procedural matters)
Section 215 (Notice of intention to conduct hearing)
s 334 202 s 336
Health Practitioners (Professional Standards)
(a) a reference in section 21386 to a referral notice is taken to be a 1
reference to a notice of appeal; and 2
(b) a reference in section 21687 to a hearing notice is taken to be a 3
reference to a notice under section 332; and 4
(c) a reference in section 222 to an impairment matter is taken to be a 5
reference to an appealable decision mentioned in section 325(1)(b) 6
or (c).88 7
may be by written submissions 8
Appeal
334.(1) Despite sections 332 and 333, the tribunal may decide to conduct 9
the appeal entirely on the basis of written submissions. 10
(2) However, the tribunal may decide to conduct the appeal on the basis 11
of written submissions only if the tribunal considers it appropriate and fair 12
to do so in the circumstances. 13
by written submissions 14
Appeals
335.(1) If the tribunal decides to conduct the appeal entirely on the basis 15
of written submissions-- 16
(a) the tribunal must decide a reasonable time within which it will 17
accept written submissions; and 18
(b) the registrar must give the parties written notice that the appeal is 19
to be decided on the basis of written submissions. 20
(2) The notice must state the time, decided under subsection (1)(a), 21
within which the tribunal will accept written submissions. 22
of tribunal on appeal etc. 23
Powers
336.(1) In deciding the appeal, the tribunal may-- 24
86 Section 213 (Chairperson to allocate matters)
87 Section 216 (Substituted service on registrant and complainant)
88 Sections 222 (Hearing to be held in public) and 325 (Appealable decisions for
tribunal)
s 336 203 s 336
Health Practitioners (Professional Standards)
(a) for an appealable decision mentioned in section 325(1)(a)89-- 1
confirm or set aside the appealable decision; or 2
(b) otherwise-- 3
(i) confirm the appealable decision; or 4
(ii) set aside the appealable decision; or 5
(iii) change the appealable decision in the way the tribunal 6
considers appropriate; or 7
(iv) set aside the appealable decision and replace it with a 8
decision the tribunal may make under section 241 or 243.90 9
(2) A changed decision that results from the tribunal acting under 10
subsection (1)(b)(iii) may be any decision mentioned in section 241(2) 11
or 243(2) but must not be another decision. 12
(3) If the tribunal makes a decision under subsection (1)(a), the registrar 13
must give written notice of the decision and the reasons for the decision to 14
the registrant, the registrant's board and the commissioner. 15
(4) In making its decision under subsection (1)(b) (an "appeal 16
decision"), section 240(2) or (3) or 244 applies as if the appeal decision 17
were a decision made under section 240(1), 241(2) or 243(2).91 18
(5) If the appeal decision is a decision of a type mentioned in 19
section 241(3), that subsection applies as if the appeal decision were a 20
decision made under section 241(2). 21
(6) If the appeal decision is a decision of a type mentioned in 22
section 241(2), section 24292 applies as if the appeal decision were a 23
decision made under section 241(2). 24
(7) Part 6, division 6, subdivisions 6 and 7 apply to an appeal decision as 25
if it were a decision made under section 240(1) or section 241(2) or 243(2). 26
89 Section 325 (Appealable decisions for tribunal)
90 Sections 241 (Decision about disciplinary action relating to registrant) and
243 (Decision about disciplinary action relating to former registrant)
91 Sections 240 (Decision about whether ground for disciplinary action established)
and 244 (Matters tribunal must consider in making decision about disciplinary
action)
92 Section 242 (Decision about recording disciplinary action relating to registrant)
s 337 204 s 338
Health Practitioners (Professional Standards)
4--Review of certain tribunal decisions 1
Division
that may be reviewed 2
Decisions
337. Each of the following decisions of the tribunal (a "reviewable 3
decision") is a decision that may be reviewed by the tribunal under this 4
division-- 5
(a) a decision under section 240(1) if the decision is that a registrant 6
is impaired; 7
(b) a decision under section 241(2)(b) to impose conditions on a 8
registrant's registration or under section 241(2)(h) to set 9
conditions under which the registrant may practise after the end of 10
the suspension period; 11
(c) a decision under section 241(2)(f) to order a registrant to attend 12
for further health assessments; 13
(d) a decision under section 241(2)(l) to order a registrant to do 14
something or refrain from doing something; 15
(e) a decision under section 336 or 345 of a type mentioned in 16
paragraphs (a) to (d); 17
(f) a decision that is a reviewable decision under section 353(2).93 18
may have decision reviewed 19
Who
338.(1) The registrant to whom the reviewable decision relates may have 20
the decision reviewed. 21
(2) However, the registrant may not have the decision reviewed-- 22
(a) during the period stated in the tribunal's decision under 23
section 241(3), 336(5) or 345(4); or 24
(b) during the period stated in the Court of Appeal's decision under 25
section 353(3); or 26
93 Sections 241 (Matters tribunal must consider in making decision about
disciplinary action), 336 (Powers of tribunal on appeal etc.), 345 (Powers of
tribunal on review) and 353 (Powers of court on appeal)
s 339 205 s 341
Health Practitioners (Professional Standards)
(c) while an appeal to the Court of Appeal about the decision is 1
pending. 2
to start a review 3
How
339.(1) A review is started by the registrant filing a notice in the 4
approved form (a "notice of review") with the registrar. 5
(2) The notice of review must require the registrant to state-- 6
(a) that the registrant believes the reviewable decision is no longer 7
appropriate; and 8
(b) the reasons for the registrant's belief. 9
to give notice of review to particular persons 10
Registrar
340.(1) The registrar must, within 14 days after filing the notice of 11
review, give written notice-- 12
(a) to the registrant's board; and 13
(b) to the commissioner. 14
(2) The registrar's notice must-- 15
(a) state that a notice of review has been filed; and 16
(b) be accompanied by a copy of the notice. 17
may be by hearing or written submission 18
Review
341.(1) The tribunal must decide whether it-- 19
(a) will conduct a hearing for the review; or 20
(b) will conduct the review on the basis of written submissions. 21
(2) However, the tribunal may decide to conduct the review on the basis 22
of written submissions only if the tribunal considers it appropriate and fair 23
to do so in the circumstances. 24
s 342 206 s 343
Health Practitioners (Professional Standards)
about hearing 1
Notice
342.(1) The registrar must give the parties written notice about the 2
tribunal's intention to conduct a hearing for the review. 3
(2) The notice must state the following-- 4
(a) the time and place of the hearing; 5
(b) that the registrant must attend the hearing; 6
(c) that a party may appear in person or may have a lawyer or another 7
person appear at the hearing on the party's behalf. 8
(3) The time for the hearing, as stated in the notice under 9
subsection (2)(a), must be at least 14 days after the registrant receives the 10
notice. 11
by hearing 12
Review
343.(1) The procedure for the hearing for a review must be in accordance 13
with part 6, division 6, subdivision 2, other than section 215.94 14
(2) However, for subsection (1)-- 15
(a) a reference in section 213 to a referral notice is taken to be a 16
reference to a notice of review; and 17
(b) a reference in section 216 to a hearing notice is taken to be a 18
reference to a notice under section 342; and 19
(c) a reference in section 222 to an impairment matter is taken to be a 20
reference-- 21
(i) to a reviewable decision mentioned in section 337(a); or 22
(ii) a reviewable decision mentioned in section 337(e) if the 23
decision is that a registrant is impaired.95 24
94 Part 6 (Disciplinary proceedings), division 6 (Health Practitioners Tribunal),
subdivision 2 (Procedural matters)
Section 215 (Notice of intention to conduct hearing)
95 Sections 213 (Chairperson to allocate matters), 216 (Substituted service on
registrant and complainant), 342 (Notice about hearing), 222 (Evidence by
telephone, video link or another form of communication and 337 (Decisions that
may be reviewed)
s 344 207 s 345
Health Practitioners (Professional Standards)
(3) In conducting the hearing, the tribunal may have regard-- 1
(a) to any evidence or other material considered by the tribunal in 2
making the reviewable decision; and 3
(b) to any decisions, including the reasons for the decisions, made by 4
the tribunal in making the reviewable decision. 5
(4) Subsection (3) does not limit the matters to which the tribunal may 6
have regard. 7
by written submissions 8
Review
344.(1) If the tribunal decides to conduct the review on the basis of 9
written submissions-- 10
(a) the tribunal must decide a reasonable time within which it will 11
accept written submissions; and 12
(b) the registrar must give the parties written notice that the review is 13
to be conducted on the basis of written submissions. 14
(2) The notice must state the time, decided under subsection (1)(a), 15
within which the tribunal will accept written submissions. 16
(3) In conducting the review, the tribunal may have regard-- 17
(a) to any evidence or other material considered by the tribunal in 18
making the reviewable decision; and 19
(b) to any decisions, including the reasons for the decisions, made by 20
the tribunal in making the reviewable decision. 21
(4) Subsection (3) does not limit the matters to which the tribunal may 22
have regard. 23
of tribunal on review 24
Powers
345.(1) After reviewing the reviewable decision, the tribunal must 25
decide-- 26
(a) to confirm the reviewable decision; or 27
(b) to set aside the reviewable decision; or 28
(c) to change the reviewable decision in the way the tribunal 29
s 345 208 s 345
Health Practitioners (Professional Standards)
considers appropriate; or 1
(d) to set aside the reviewable decision and replace it with another 2
decision. 3
(2) For subsection (1)(c) or (d), the tribunal may only make a decision it 4
could have made at the time the reviewable decision was made. 5
(3) In making its decision under subsection (1) (the "decision on 6
review")-- 7
(a) if the reviewable decision is that the registrant is 8
impaired--section 240(3) applies as if the decision on review 9
were a decision made under section 240(1); and 10
(b) otherwise--section 244 applies as if the decision on review were 11
a decision made under section 241(2) or 243(2).96 12
(4) If the decision on review is a decision of a type mentioned in 13
section 241(3), that subsection applies as if the decision on review were a 14
decision made under section 241(2). 15
(5) If the decision on review is a decision under subsection (1)(c) or (d), 16
the tribunal must also make a decision under section 242 as if the decision 17
on review were a decision made under section 241(2).97 18
(6) Part 6, division 6, subdivisions 6 and 798 apply to a decision on 19
review as if it were a decision made under section 240(1) or section 241(2) 20
or 243(2). 21
96 Sections 240 (Decision about whether ground for disciplinary action established),
244 (Matters tribunal must consider in making decision about disciplinary
action), 241 (Decision about disciplinary action relating to registrant) and
243 (Decision about disciplinary action relating to former registrant)
97 Section 242 (Decision about recording disciplinary action relating to registrant)
98 Part 6 (Disciplinary proceedings), division 6 (Health Practitioners Tribunal),
subdivisions 6 (Suspended decisions) and 7 (Effect of decision)
s 346 209 s 349
Health Practitioners (Professional Standards)
5--Appeals to Court of Appeal from decisions of tribunal 1
Division
decisions that are appealable 2
Tribunal
346. Each of the following decisions of the tribunal is an appealable 3
decision for this division-- 4
(a) a decision under section 240(1) about whether a ground for 5
disciplinary action against a registrant is established; 6
(b) a decision under section 241(2) or 243(2) to take disciplinary 7
action against a registrant; 8
(c) a decision under section 345.99 9
may appeal 10
Who
347. The following persons may appeal to the Court of Appeal against an 11
appealable decision-- 12
(a) the registrant to whom the appealable decision relates; 13
(b) the registrant's board. 14
to Court of Appeal on questions of law only 15
Appeal
348. An appeal to the Court of Appeal against an appealable decision 16
may be made only on a question of law. 17
to start an appeal 18
How
349.(1) An appeal is started by-- 19
(a) filing a notice in the approved form (a "notice of appeal") with 20
the registrar of the Court of Appeal; and 21
(b) complying with the rules of court applicable to the appeal. 22
(2) The notice of appeal must require the appellant to state fully the 23
grounds for the appeal and the facts relied on. 24
99 Section 345 (Powers of tribunal on review)
s 350 210 s 352
Health Practitioners (Professional Standards)
(3) The notice of appeal must be filed within 28 days after the day the 1
appellant receives notice of the appealable decision. 2
(4) The court may, at any time, extend the period for filing a notice of 3
appeal. 4
to give notice of appeal to particular persons 5
Appellant
350.(1) Within 14 days after filing the notice of appeal, the appellant 6
must give a copy of the notice-- 7
(a) if the appellant is the registrant--to the registrant's board and the 8
commissioner; or 9
(b) if the appellant is the registrant's board--to the registrant and the 10
commissioner. 11
(2) If a registrant or a board is given a copy of the notice of appeal under 12
subsection (1), the registrant or board is the respondent for the appeal. 13
of operation of appealable decision 14
Stay
351.(1) If an appellant files, or has filed, a notice of appeal and makes an 15
application to the Court of Appeal for a stay of the appealable decision to 16
secure the effectiveness of the appeal, the court may grant the stay if it 17
considers it appropriate. 18
(2) The stay may be granted on conditions the court considers appropriate 19
and has effect for the period stated by the court. 20
(3) However, the period of the stay must not extend past the time when 21
the court decides the appeal. 22
(4) An appeal against an appealable decision does not affect the operation 23
or carrying out of the decision unless the decision is stayed by the court. 24
procedures 25
Hearing
352. The procedure for an appeal is to be in accordance with the rules of 26
court applicable to the appeal or, if the rules make no provision or 27
insufficient provision, in accordance with the directions of the Court of 28
Appeal. 29
s 353 211 s 354
Health Practitioners (Professional Standards)
of court on appeal 1
Powers
353.(1) In deciding the appeal, the Court of Appeal may-- 2
(a) confirm the appealable decision; or 3
(b) set aside the appealable decision; or 4
(c) change the appealable decision in the way the court considers 5
appropriate; or 6
(d) send the matter back to the tribunal and give the directions the 7
court considers appropriate; or 8
(e) set aside the appealable decision and replace it with a decision the 9
court considers appropriate. 10
(2) Also, the court may decide that its decision is a reviewable decision 11
for section 337. 12
(3) If the court decides that its decision is a reviewable decision, it must 13
state a period in which the decision is not reviewable under division 4.100 14
ART 10--INSPECTORS 15
P
Division 1--Preliminary 16
of pt 10 17
Purpose
354. The purpose of this part is to provide for-- 18
(a) the function and powers of inspectors; and 19
(b) the appointment of inspectors to enforce compliance with this 20
Act. 21
100 Division 4 (Review of certain tribunal decisions)
s 355 212 s 358
Health Practitioners (Professional Standards)
2--Inspectors' function and powers 1
Division
of inspector 2
Function
355. An inspector has the function of conducting investigations to 3
enforce compliance with this Act. 4
of inspector 5
Powers
356. For this Act, an inspector has the powers given to the person under 6
this Act. 7
on powers of inspector 8
Limitation
357. The powers of an inspector may be limited under a condition of 9
appointment. 10
3--Appointment of inspectors and other matters 11
Division
may be appointed as inspector 12
Who
358.(1) A board may appoint the following persons as an inspector-- 13
(a) a member of the board; 14
(b) the executive officer; 15
(c) with the agreement of the executive officer--a member of the 16
office's staff the board considers has the necessary expertise or 17
experience to be an inspector; 18
(d) another person the board considers has the necessary expertise or 19
experience to be an inspector. 20
(2) Also, the secretary is an inspector for the purposes of this Act. 21
(3) A person appointed as an investigator may also be appointed as an 22
inspector. 23
s 359 213 s 361
Health Practitioners (Professional Standards)
appointment conditions 1
Inspector's
359.(1) An inspector holds office on the conditions stated in the 2
instrument of appointment. 3
(2) An inspector, other than the secretary-- 4
(a) if the appointment provides for a term of appointment--ceases 5
holding office at the end of the term; and 6
(b) may resign by signed notice of resignation given to the board. 7
identity card 8
Inspector's
360.(1) A board must give an identity card to each inspector the board 9
appoints. 10
(2) The chief executive must give an identity card to the secretary. 11
(3) The identity card must-- 12
(a) contain a recent photograph of the inspector; and 13
(b) be signed by the inspector; and 14
(c) identify the person as an inspector for this Act; and 15
(d) include an expiry date. 16
(4) This section does not prevent the issue of a single identity card to a 17
person-- 18
(a) if the person is appointed as an inspector for this Act by more 19
than 1 board; or 20
(b) for this Act and other Acts. 21
to return identity card 22
Failure
361. A person who ceases to be an inspector must give the person's 23
identity card-- 24
(a) for an inspector other than the secretary--to the executive officer 25
within 7 days after the person ceases to be an inspector, unless the 26
person has a reasonable excuse; or 27
(b) for the secretary--to the chief executive with 7 days after the 28
s 362 214 s 363
Health Practitioners (Professional Standards)
person ceases to be the secretary, unless the person has a 1
reasonable excuse. 2
Maximum penalty--10 penalty units. 3
of inspector's identity card 4
Display
362.(1) An inspector may exercise a power in relation to someone else 5
(the "other person") only if the inspector-- 6
(a) first produces the inspector's identity card for the other person's 7
inspection; or 8
(b) has the identity card displayed so it is clearly visible to the other 9
person. 10
(2) However, if for any reason it is not practicable to comply with 11
subsection (1) before exercising the power, the inspector must produce the 12
identity card for the other person's inspection at the first reasonable 13
opportunity. 14
4--Particular powers of inspectors 15
Division
to require information 16
Power
363.(1) This section applies if an inspector reasonably believes-- 17
(a) an offence against this Act has been committed; and 18
(b) a person may be able to give information about the offence. 19
(2) The inspector may, by written notice given to the person, require the 20
person to give information, including a document, about the offence to the 21
inspector at a stated reasonable time and place. 22
(3) The person must comply with a requirement under subsection (2), 23
unless the person has a reasonable excuse. 24
Maximum penalty for subsection (3)--50 penalty units. 25
s 364 215 s 366
Health Practitioners (Professional Standards)
1
Self-incrimination
364. For section 363, it is a reasonable excuse for an individual to fail to 2
give stated information if giving the information might tend to incriminate 3
the individual. 4
or misleading information 5
False
365.(1) A person must not give information to an inspector that the 6
person knows is false or misleading in a material particular. 7
Maximum penalty--50 penalty units. 8
(2) If the information given is a document, subsection (1) does not apply 9
if the person, when giving the document-- 10
(a) informs the inspector to the best of the person's ability, how it is 11
false or misleading; and 12
(b) gives the correct information to the inspector if the person has, or 13
can reasonably obtain, the correct information. 14
of produced document 15
Inspection
366.(1) If an inspector reasonably believes a document produced to the 16
inspector may be relevant to an investigation being conducted by the 17
inspector, the inspector may-- 18
(a) make a copy of, or take an extract from, it; or 19
(b) keep the document while it is necessary for the investigation. 20
(2) If the inspector keeps the document, the inspector must permit a 21
person otherwise entitled to possession of it to inspect, make a copy of, or 22
take an extract from, the document, at the reasonable time and place decided 23
by the inspector. 24
s 367 216 s 369
Health Practitioners (Professional Standards)
Division 5--Impersonation of inspectors 1
2
Impersonation
367. A person must not pretend to be an inspector. 3
Maximum penalty--50 penalty units. 4
PART 11--LEGAL PROCEEDINGS 5
and summary offences 6
Indictable
368.(1) An offence against section 389 or 391101 is an indictable offence. 7
(2) Any other offence against this Act is a summary offence. 8
for indictable offences 9
Proceedings
369.(1) A proceeding for an indictable offence against this Act may be 10
taken, at the election of the prosecution-- 11
(a) by way of summary proceeding under the Justices Act 1886; or 12
(b) on indictment. 13
(2) A magistrate must not hear an indictable offence summarily if-- 14
(a) the defendant asks at the start of the hearing that the charge be 15
prosecuted on indictment; or 16
(b) the magistrate considers the charge should be prosecuted on 17
indictment. 18
(3) If subsection (2) applies-- 19
(a) the magistrate must proceed by way of an examination of 20
witnesses for an indictable offence; and 21
101 Sections 389 (Offence for taking reprisal) and 391 (False or misleading
information)
s 370 217 s 371
Health Practitioners (Professional Standards)
(b) a plea of the person charged at the start of the proceeding must be 1
disregarded; and 2
(c) evidence brought in the proceeding before the magistrate decided 3
to act under subsection (2) is taken to be evidence in the 4
proceeding for the committal of the person for trial or sentence; 5
and 6
(d) before committing the person for trial or sentence, the magistrate 7
must make a statement to the person as required by the Justices 8
Act 1886, section 104(2)(b).102 9
on who may summarily hear indictable offence 10
Limitation
370.(1) The proceeding must be before a magistrate if it is a 11
proceeding-- 12
(a) for the summary conviction of a person on a charge for an 13
indictable offence; or 14
(b) for an examination of witnesses for a charge for an indictable 15
offence. 16
(2) However, if the proceeding is brought before a justice who is not a 17
magistrate, jurisdiction is limited to taking or making a procedural action or 18
order within the meaning of the Justices of the Peace and Commissioners 19
for Declarations Act 1991. 20
on time for starting summary proceedings 21
Limitation
371. A proceeding for a summary offence against this Act by way of 22
summary proceeding under the Justices Act 1886 must start-- 23
(a) within 1 year after the commission of the offence; or 24
(b) at any later time, but within 6 months after the offence comes to 25
the knowledge of the person making the complaint under that Act. 26
102 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 372 218 s 374
Health Practitioners (Professional Standards)
of false or misleading information or documents 1
Allegations
372. In any proceeding for an offence against this Act defined as 2
involving false or misleading information, or a false or misleading 3
document, it is enough for a charge to state that the information or 4
document was, without specifying which, `false or misleading'. 5
to be paid to board 6
Penalties
373. All penalties recovered as a result of proceedings for offences 7
against this Act brought by a board must be ordered to be paid to the board. 8
PART 12--GENERAL 9
Division 1--Codes of Practice 10
may develop code of practice 11
Board
374.(1) A board may develop codes of practice, or adopt another entity's 12
code of practice, to provide guidance to its registrants as to appropriate 13
professional conduct or practice. 14
(2) In developing or amending a code of practice, or before adopting a 15
code of practice, the board must consult with-- 16
(a) the commissioner; and 17
(b) community groups and other entities in the State that the board 18
considers have an interest in consumer health issues; and 19
(c) professional associations in the State that the board considers are 20
representative of the profession for which the board is established; 21
and 22
(d) universities and training institutions that-- 23
(i) are established in Queensland; and 24
(ii) are engaged in the education of students for the profession 25
for which the board is established; and 26
s 375 219 s 377
Health Practitioners (Professional Standards)
(e) professional colleges established in Australia that the board 1
considers are relevant to the profession for which the board is 2
established; and 3
(f) any other entity the Minister directs the board to consult with. 4
(3) A code of practice, or an amendment of a code of practice, has no 5
effect until it is approved by the Minister by gazette notice. 6
(4) The board must review its codes of practice on a regular basis. 7
of code etc. 8
Inspection
375.(1) The executive officer must keep copies of approved codes of 9
practice open for inspection at the office by members of the public during 10
ordinary office hours. 11
(2) Also, the board must ensure that its registrants are notified of the 12
approval of a code of practice and any amendment of the code. 13
of code of practice in disciplinary proceedings 14
Use
376.(1) A code of practice developed or adopted by a board and approved 15
under section 374 is admissible as evidence in disciplinary proceedings 16
brought by the board against 1 of its registrants under this Act. 17
(2) The code may only be used to provide evidence, in the disciplinary 18
proceedings, of appropriate professional conduct or practice for the 19
profession. 20
Division 2--Investigations and certain disciplinary proceedings and 21
disciplinary action 22
investigations not to be conducted or continued 23
Certain
377.(1) A board may decide not to conduct or continue an investigation 24
of a registrant if the registrant ceases to be a registrant. 25
(2) In making the decision, the board must have regard to the objects of 26
this Act. 27
(3) A board must not conduct or continue an investigation of a former 28
s 378 220 s 379
Health Practitioners (Professional Standards)
registrant who is dead or a registrant or former registrant who dies during 1
the investigation. 2
disciplinary proceedings not to be conducted or continued 3
Certain
378.(1) A disciplinary body may decide not to conduct or continue 4
disciplinary proceedings relating to a registrant if the registrant ceases to be a 5
registrant. 6
(2) In making the decision, the disciplinary body must have regard to the 7
objects of this Act. 8
(3) A disciplinary body must not conduct or continue disciplinary 9
proceedings relating to a former registrant who is dead or a registrant or 10
former registrant who dies during the proceedings. 11
12
Undertakings
379.(1) Subsections (2) and (3) apply if a registrant's board intends to 13
enter into an undertaking with the registrant under this Act. 14
(2) Before entering into the undertaking, the board must advise the 15
registrant about the consequences of failing to comply with the undertaking, 16
including, for example, that disciplinary action may be taken for a 17
contravention of the undertaking. 18
(3) Also, the undertaking must state the period, not more than 3 years 19
from the day the undertaking starts, for which it is in force. 20
(4) Subsection (5) applies if a registrant's board enters into an 21
undertaking with the registrant or the tribunal requires a registrant to give the 22
tribunal an undertaking under this Act. 23
(5) The registrant's board must give the commissioner a copy of the 24
undertaking if it relates to a complaint-- 25
(a) made to the commissioner and referred to the board; or 26
(b) made to a board by a user of the registrant's services or an entity 27
acting on behalf of a user of the registrant's services. 28
s 380 221 s 382
Health Practitioners (Professional Standards)
must comply with conditions 1
Registrant
380. The registrant must comply with conditions imposed under this Act 2
on the registrant's registration. 3
Maximum penalty--100 penalty units. 4
of suspension 5
Effect
381.(1) If a registrant's registration is suspended under this Act, the 6
registrant is, during the period of the suspension, taken not to be registered 7
under the relevant health practitioner registration Act. 8
(2) Subject to any other decision of the tribunal, at the end of the period 9
of suspension, the registrant is registered on the same conditions, and in the 10
same type of registration, that applied to the registrant before the suspension 11
of the registrant's registration. 12
(3) Subsection (2) is subject to-- 13
(a) the registrant paying the annual licence fee prescribed under the 14
relevant health practitioner registration Act; and 15
(b) any conditions imposed on the registrant's registration under this 16
Act or the health practitioner registration Act. 17
3--Giving information and notices 18
Division
member or executive officer may give chief executive certain 19
Board
information 20
382.(1) This section applies if, in performing functions under this Act, a 21
board member or the executive officer acquires information about a person 22
that is relevant to whether the person is a suitable person to hold, or to 23
continue to hold, an authority or approval under the Health (Drugs and 24
Poisons) Regulation 1996. 25
(2) The board member or executive officer may disclose the information 26
to the chief executive. 27
s 383 222 s 384
Health Practitioners (Professional Standards)
to give notice to commissioner at end of dealing with complaint 1
Board
383.(1) This section applies if-- 2
(a) a complaint about a registrant is being dealt with by the 3
registrant's board or a disciplinary body under this Act; and 4
(b) the commissioner has, under the Health Rights Commission Act 5
1991, section 71A(6) or 72A(3), 103 advised the registrant's board 6
that the commissioner intends to conciliate the complaint. 7
(2) As soon as practicable after the complaint has finished being dealt 8
with under this Act, the registrant's board must give the commissioner 9
notice that no further action is to be taken about the complaint under this 10
Act. 11
may notify other entities 12
Board
384.(1) This section applies if-- 13
(a) a registrant's board suspends, or imposes conditions on, the 14
registrant's registration under section 59(2); or 15
(b) a registrant's board enters into an undertaking with the registrant 16
under section 118(1)(c)(iv), 276(2)(a) or 299(2)(c); or 17
(c) a registrant's board takes action relating to the registrant under 18
section 299(2)(a) or (b); or 19
(d) a registrant's registration is affected under the foreign law part by 20
a decision of the registrant's board; or 21
(e) a registrant's registration is affected under the review and appeal 22
part by a decision of a panel, the tribunal or the Court of 23
Appeal.104 24
(2) As soon as practicable after the event in subsection (1) happens, the 25
103 Health Rights Commission Act 1991, sections 71A (Action on acceptance of
complaint about registered provider) and 72A (Duty to immediately refer certain
complaints to registration board)
104 Sections 59 (Immediate suspension or imposition of conditions on registration),
118 (Decision on investigation), 276 (Decision about action to be taken for
impaired registrant) and 299 (Decision about action to be taken for impaired
registrant)
s 385 223 s 385
Health Practitioners (Professional Standards)
board must give notice about it to interstate regulatory authorities with 1
which the board is aware the registrant is registered. 2
(3) Also, the board may give notice about the event to any of the 3
following-- 4
(a) the chief executive; 5
(b) foreign regulatory authorities; 6
(c) professional colleges of which the registrant is eligible to be a 7
member; 8
(d) professional associations of which the registrant is eligible to be a 9
member; 10
(e) an employer of the registrant; 11
(f) the Health Insurance Commission; 12
(g) the Minister; 13
(h) any other entity relevant to the registrant's practice as a registrant. 14
(4) However, the board must not give a notice about the event to an entity 15
under subsection (3) unless the board reasonably believes that-- 16
(a) the entity needs to know about the event; and 17
(b) giving the entity notice about the event will assist in achieving the 18
objects of this Act. 19
(5) A notice under this section may include the information the board 20
considers appropriate in the circumstances. 21
or coroner may notify board 22
Court
385.(1) This section applies if-- 23
(a) a registrant is convicted by a court of an indictable offence; or 24
(b) a coroner makes a finding about a matter relevant to a registrant's 25
practice as a registrant. 26
(2) The registrar or other appropriate officer of the court may give a 27
certificate of conviction to the registrant's board. 28
s 386 224 s 387
Health Practitioners (Professional Standards)
(3) The coroner may give a transcript of evidence before the coroner, and 1
the coroner's findings about the matter, to the registrant's board. 2
Division 4--Protections 3
of members, legal representatives and witnesses etc. 4
Protection
386.(1) A tribunal member has, in the performance of his or her duties 5
for the tribunal, the same protection and immunity as a District Court judge 6
performing the functions of a judge. 7
(2) Members of a panel have, in the performance of their duties as 8
members, the same protection and immunity as a District Court judge 9
performing the functions of a judge. 10
(3) Members of a board have, in the performance of their duties in 11
carrying out disciplinary proceedings, the same protection and immunity as 12
a District Court judge performing the functions of a judge. 13
(4) An assessor assisting the tribunal has, in the performance of the 14
assessor's duties for the tribunal, the same protection and immunity as a 15
District Court judge performing the functions of a judge. 16
(5) A party appearing before the tribunal, a panel or a board has the same 17
protection and immunity as the party would have if the proceedings were 18
being heard before the District Court. 19
(6) A person appearing before the tribunal, a panel or a board as a 20
witness, has the same protection and immunity as a witness attending 21
before the District Court. 22
(7) In this section-- 23
"party" includes a party's lawyer or agent. 24
for person making complaint or otherwise giving 25
Protection
information 26
387.(1) This section applies to a person who, honestly and on reasonable 27
grounds, gives information to a relevant entity-- 28
(a) for the purpose of making a complaint relating to a registrant; or 29
s 388 225 s 388
Health Practitioners (Professional Standards)
(b) in the course of an investigation; or 1
(c) for another purpose under this Act. 2
(2) The person is not liable, civilly, criminally or under an administrative 3
process, for giving the information. 4
(3) Without limiting subsection (2)-- 5
(a) in a proceeding for defamation the person has a defence of 6
absolute privilege for publishing the information; and 7
(b) if the person would otherwise be required to maintain 8
confidentiality about the given information under an Act, oath, 9
rule of law or practice, the person-- 10
(i) does not contravene the Act, oath, rule of law or practice by 11
giving the information; and 12
(ii) is not liable to disciplinary action for giving the information. 13
(4) In this section-- 14
"relevant entity" means 1 of the following-- 15
(a) a board; 16
(b) a panel; 17
(c) the tribunal; 18
(d) an investigator; 19
(e) an investigation committee; 20
(f) a disciplinary committee; 21
(g) a health assessment committee; 22
(h) an inspector. 23
and grounds for reprisals 24
Reprisal
388.(1) A person must not cause, or attempt or conspire to cause, 25
detriment to another person because, or in the belief that, anybody-- 26
(a) has made, or may make, a complaint to a board relating to a 27
registrant; or 28
(b) has provided, or may provide, assistance to a board, a disciplinary 29
s 389 226 s 391
Health Practitioners (Professional Standards)
committee, a health assessment committee, an inspector, an 1
investigator, an investigation committee, a panel or the tribunal. 2
(2) An attempt to cause detriment includes an attempt to induce a person 3
to cause detriment. 4
(3) A contravention of subsection (1) is a reprisal or the taking of a 5
reprisal. 6
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 7
the unlawful ground for the reprisal. 8
(5) For the contravention to happen, it is sufficient if the unlawful ground 9
is a substantial ground for the act or omission that is the reprisal, even if 10
there is another ground for the act or omission. 11
for taking reprisal 12
Offence
389. A person who takes a reprisal commits an offence. 13
Maximum penalty--167 penalty units or 2 years imprisonment. 14
entitlement for reprisal 15
Damages
390.(1) A reprisal is a tort and a person who takes a reprisal is liable in 16
damages to any person who suffers detriment as a result. 17
(2) Any appropriate remedy that may be granted by a court for a tort may 18
be granted by a court for the taking of a reprisal. 19
(3) If the claim for damages goes to trial in the Supreme Court or the 20
District Court, it must be decided by a judge sitting without a jury. 21
5--False or misleading information and confidentiality 22
Division
or misleading information 23
False
391. A person commits an offence if the person-- 24
(a) makes a statement to a board with the intent that it be acted on as a 25
complaint under this Act or with the intent that it be acted on 26
s 392 227 s 392
Health Practitioners (Professional Standards)
under section 63;105 and 1
(b) in the statement, or in the course of an investigation into the 2
statement, intentionally gives information that is false or 3
misleading in a material particular to the board or an investigation 4
committee or investigator. 5
Maximum penalty--167 penalty units or 2 years imprisonment. 6
7
Confidentiality
392.(1) This section applies to a relevant person who, in performing 8
functions under this Act, acquires or acquired information about another 9
person's affairs. 10
(2) The relevant person must not disclose the information to anyone else. 11
Maximum penalty--100 penalty units. 12
(3) However, the relevant person may disclose the information to 13
someone else-- 14
(a) to the extent necessary to perform the person's functions under or 15
relating to this Act or a health practitioner registration Act; or 16
(b) if the disclosure is to a disciplinary body; or 17
(c) if the disclosure is authorised under this Act or another Act; or 18
(d) if the disclosure is otherwise required or permitted by law; or 19
(e) if the person to whom the information relates agrees to the 20
disclosure; or 21
(f) if the disclosure is in a form that does not disclose the identity of a 22
person; or 23
(g) if the information relates to disciplinary proceedings before the 24
tribunal and the proceedings are or were open to the public; or 25
(h) if the information is, or has been, accessible to the public, 26
including, for example, because it is or was recorded in a board's 27
register; or 28
105 Section 63 (When investigation of registrant may be conducted on board's
initiative)
s 393 228 s 393
Health Practitioners (Professional Standards)
(i) if the disclosure is to the Minister to allow the Minister to act 1
under paragraph (j); or 2
(j) if the Minister considers the disclosure is in the public interest and 3
authorises the person to disclose the information. 4
(4) If the Minister authorises information to be disclosed under 5
subsection (3)(j) about a matter concerning a registrant, the Minister must 6
inform the registrant's board of the authorisation and its purpose. 7
(5) In this section-- 8
"relevant person" means a person who is or was-- 9
(a) a member of a board; or 10
(b) a member of a panel; or 11
(c) a member of the tribunal; or 12
(d) an assessor; or 13
(e) a member of a panel of assessors; or 14
(f) an investigator; or 15
(g) asked by a board to prepare an assessment report or expert's 16
report; or 17
(h) an inspector; or 18
(i) the executive officer, a member of the office's staff, the secretary 19
or the registrar; or 20
(j) a member of a health assessment committee; or 21
(k) otherwise involved in the administration of this Act. 22
annual report must disclose authorisation 23
Board's
393.(1) This section applies if a board is given information under 24
section 392(4) in a financial year about an authorisation. 25
(2) The board must include a statement about the authorisation in its 26
annual report under the Financial Administration and Audit Act 1977 for the 27
financial year. 28
(3) The statement must include general details about-- 29
s 394 229 s 395
Health Practitioners (Professional Standards)
(a) the nature of the information to be disclosed under the 1
authorisation; and 2
(b) the purpose for which the information is to be disclosed. 3
(4) However, the statement must not identify any person. 4
6--Miscellaneous 5
Division
etc. may give combined notice 6
Board
394.(1) This section applies if a board or the secretary or registrar is 7
required under this Act to give a person notices under more than 8
1 provision. 9
(2) The board, secretary or registrar may give the person a combined 10
notice for the provisions. 11
if complainant has not revealed identity 12
Notices
395.(1) This section applies if-- 13
(a) a provision of this Act requires a board or disciplinary committee 14
or the secretary or registrar (the "relevant person") to give a 15
complainant notice of a matter; and 16
(b) the complainant, when making the complaint-- 17
(i) does not identify himself or herself; or 18
(ii) does not provide the complainant's address. 19
(2) If the complainant does not identify himself or herself, the relevant 20
person is not required to give the complainant the notice. 21
(3) If the complainant does not provide the complainant's address, the 22
relevant person is not required to give the complainant the notice if, after 23
making reasonable inquiries, the relevant person can not find the 24
complainant. 25
(4) Subsection (3) does not require the relevant person to make inquiries 26
if it would be unreasonable to make inquiries to find the complainant. 27
s 396 230 s 399
Health Practitioners (Professional Standards)
meetings by distance or flying minute 1
Board
396.(1) A board may hold meetings under this Act or the health 2
practitioner registration Act under which the board is established, or allow 3
members to take part in its meetings, by using any technology allowing 4
reasonably contemporaneous and continuous communication between 5
members taking part in the meeting. 6
(2) A member who takes part in a board meeting under subsection (1) is 7
taken to be present at the meeting. 8
(3) Also, a resolution is validly made by the board, even if it is not 9
passed at a board meeting, if-- 10
(a) a majority of the board members gives written agreement to the 11
resolution; and 12
(b) notice of the resolution is given under procedures approved by the 13
board. 14
15
Forms
397.(1) The chairperson of the tribunal may approve forms for use by the 16
tribunal under this Act. 17
(2) The secretary may approve forms for use by panels under this Act. 18
power 19
Regulation-making
398.(1) The Governor in Council may make regulations under this Act. 20
(2) Without limiting subsection (1), a regulation may be made about the 21
practice and procedures of a panel. 22
ART 13--TRANSITIONAL PROVISIONS 23
P
for pt 13 24
Definitions
399. In this part-- 25
s 400 231 s 401
Health Practitioners (Professional Standards)
"commencement day" means the day this part commences. 1
"health practitioner registration Act" means a health practitioner 2
registration Act within the meaning of this Act on the commencement 3
day. 4
complaints and disciplinary proceedings 5
Existing
400.(1) Subsection (2) applies to the following matters-- 6
(a) a complaint made under a health practitioner registration Act but 7
not dealt with before the commencement day; 8
(b) a matter referred to, or being heard by, the Medical Assessment 9
Tribunal but not finally dealt with before the commencement day; 10
(c) an inquiry being conducted by a board but not completed before 11
the commencement day; 12
(d) an appeal from a decision of a board or the Medical Assessment 13
Tribunal under a health practitioner registration Act that has been 14
started but not completed before the commencement day; 15
(e) an application for review made under the Medical Act 1939, 16
section 32 but not finally dealt with before the commencement 17
day; 18
(f) any other investigation or other proceeding relating to the 19
disciplining of a registrant started under a health practitioner 20
registration Act but not completed before the commencement day. 21
(2) Each matter may continue to be dealt with, and any appeal relating to 22
the matter may be dealt with, under the relevant health practitioner 23
registration Act as if this Act, including part 14, had not commenced. 24
(3) If, immediately before the commencement day, a person had a right 25
of appeal under a health practitioner registration Act, the person's right 26
continues as if this Act, including part 14, had not commenced. 27
or other information known to boards after 28
Complaints
commencement day 29
401.(1) This section applies if-- 30
s 402 232 s 403
Health Practitioners (Professional Standards)
(a) after the commencement day a registrant's board receives a 1
complaint or other information about an aspect of the registrant's 2
conduct or practice or another matter relating to the registrant; and 3
(b) the subject matter of the complaint or other information happened 4
before the commencement day. 5
(2) The board may take action in relation to the aspect or matter under 6
this Act. 7
(3) However, the board may not take the action unless the board could 8
have started proceedings for disciplining the registrant relating to the aspect 9
or matter under the health practitioner registration Act under which the 10
board is established. 11
(4) In deciding whether subsection (3) applies, the health practitioner 12
registration Act applies as if part 14 had not commenced. 13
to establish pattern of conduct or practice 14
Things
402.(1) In deciding whether there is a pattern of conduct or practice 15
relating to a registrant, the registrant's board may take into consideration 16
anything relating to the registrant's conduct or practice of which the board 17
was aware, because of a complaint or otherwise, before the commencement 18
day (the "previous thing"). 19
(2) However, the board may not consider the previous thing unless the 20
board could have started proceedings for disciplining the registrant for the 21
previous thing under the health practitioner registration Act under which the 22
board is established. 23
of existing orders made by boards or Medical Assessment 24
Saving
Tribunal 25
403.(1) If, immediately before the commencement day, a registrant's 26
registration was subject to a final order, the order continues to have effect as 27
if it were an order or decision by the tribunal under this Act. 28
(2) If a final order is made under section 400 after the commencement 29
day, the final order has effect as if it were a decision or order by the tribunal 30
under this Act. 31
(3) A person can not appeal under this Act against a final order that has 32
s 404 233 s 405
Health Practitioners (Professional Standards)
effect as if it were an order or decision by the tribunal. 1
(4) In this section-- 2
"final order" means-- 3
(a) if an order of a board at the end of an inquiry conducted by the 4
board, or an order or decision of the Medical Assessment 5
Tribunal, is affected by an order of a court on appeal--the order 6
of the court; or 7
(b) otherwise--an order of a board at the end of an inquiry or an 8
order or decision of the Medical Assessment Tribunal. 9
of Medical Assessment Tribunal transferred to Health 10
Records
Practitioners Tribunal 11
404.(1) As soon as practicable after the commencement day, all records 12
of the Medical Assessment Tribunal held by the registrar of that tribunal 13
immediately before that day must be given to the registrar of the Health 14
Practitioners Tribunal to hold for that tribunal. 15
(2) The records given to the registrar under subsection (1) are taken to be 16
acquired by the registrar in the performance of the registrar's functions 17
under this Act. 18
PART 14--CONSEQUENTIAL AND OTHER 19
AMENDMENTS 20
1--Amendment of Chiropractors and Osteopaths Act 1979 21
Division
amended in div 1 22
Act
405. This division amends the Chiropractors and Osteopaths Act 1979. 23
s 406 234 s 411
Health Practitioners (Professional Standards)
of s 19 (Conditional registration) 1
Amendment
406. Section 19(6), `disciplinary action pursuant to section 25'-- 2
omit, insert-- 3
`disciplinary proceedings under the Health Practitioners (Professional 4
Standards) Act 1999'. 5
of s 19A (Board may impose conditions) 6
Amendment
407. Section 19A(1), `a condition or impose a new condition'-- 7
omit, insert-- 8
`the conditions'. 9
of s 21 (Provisional registration) 10
Amendment
408. Section 21(2A), `disciplinary action pursuant to section 25'-- 11
omit, insert-- 12
`disciplinary proceedings under the Health Practitioners (Professional 13
Standards) Act 1999'. 14
of s 24 (Removal of name from register) 15
Amendment
409. Section 24(2) to (6)-- 16
omit. 17
of s 25 (Disciplinary action) 18
Omission
410. Section 25-- 19
omit. 20
of s 25A (Obligation on members of associations of 21
Amendment
persons) 22
411.(1) Section 25A(1), `discreditable conduct'-- 23
omit, insert-- 24
s 412 235 s 414
Health Practitioners (Professional Standards)
`unsatisfactory professional conduct'. 1
(2) Section 25A(2), definition "engage in discreditable conduct"-- 2
omit. 3
(3) Section 25A(2)-- 4
insert-- 5
` "unsatisfactory professional conduct" means anything that if done by a 6
chiropractor and osteopath would be unsatisfactory professional 7
conduct under the Health Practitioners (Professional Standards) Act 8
1999.'. 9
of s 27 (Notification of board's determinations) 10
Amendment
412. Section 27, from `or makes an order under section 25'-- 11
omit, insert-- 12
`, the registrar must give written notice to the person about the refusal.'. 13
of s 28 (Appeals) 14
Amendment
413.(1) Section 28(1)(a) and (b), at the end-- 15
insert-- 16
`or'. 17
(2) Section 28(1)(b), `or 25'-- 18
omit. 19
of s 31 (Rules of practice) 20
Omission
414. Section 31-- 21
omit. 22
s 415 236 s 419
Health Practitioners (Professional Standards)
Division 2--Amendment of Dental Act 1971 1
amended in div 2 2
Act
415. This division amends the Dental Act 1971. 3
of s 25 (Production of documents etc.) 4
Amendment
416.(1) Section 25(2)-- 5
omit, insert-- 6
`(2) The board must not give a notice unless it suspects on reasonable 7
grounds that the dentist or dental specialist has contravened a provision of 8
this Act.'. 9
(2) Section 25(8)(b)-- 10
omit. 11
(3) Section 25(8)(c)-- 12
renumber as section 25(8)(b). 13
of s 26 (Disciplinary action) 14
Omission
417. Section 26-- 15
omit. 16
of s 26A (Discreditable conduct by associations of persons) 17
Omission
418. Section 26A-- 18
omit. 19
of s 26K (Effect of suspension) 20
Omission
419. Section 26K-- 21
omit. 22
s 420 237 s 422
Health Practitioners (Professional Standards)
of s 26L (Restoration of name to register) 1
Amendment
420.(1) Section 26L(1), `and subsection (2)'-- 2
omit. 3
(2) Section 26L(2)-- 4
omit. 5
of s 28 (Notification of board's determinations) 6
Replacement
421. Section 28-- 7
omit, insert-- 8
of board's refusal of application for registration 9
`Notice
`28.(1) If the board refuses an application by a person for registration as a 10
dentist or a dental specialist, the registrar must, within 14 days of the refusal 11
happening, give written notice of the refusal to the person. 12
`(2) The notice must state-- 13
(a) the reasons for the board's decision to refuse the application; and 14
(b) that the person may appeal against the decision to the District 15
Court; and 16
(c) how to appeal.'. 17
of s 29 (Appeals) 18
Amendment
422.(1) Section 29(1)-- 19
omit, insert-- 20
`29.(1) A person aggrieved by a refusal by the board of the person's 21
application to be registered as a dentist or a dental specialist may appeal 22
against the board's decision to the District Court. 23
`(1A) The decision of the District Court on the appeal is final and the 24
board must give effect to it.'. 25
(2) Section 29(2), `or order'-- 26
omit. 27
s 423 238 s 425
Health Practitioners (Professional Standards)
(3) Section 29(3)-- 1
omit, insert-- 2
`(3) On hearing an appeal mentioned in subsection (1), the court may-- 3
(a) dismiss the appeal; or 4
(b) order that the person applying for registration be registered.'. 5
3--Amendment of Dental Technicians and Dental Prosthetists 6
Division
Act 1991 7
amended in div 3 8
Act
423. This division amends the Dental Technicians and Dental 9
Prosthetists Act 1991. 10
of pt 5 hdg (Inquiry and appeal procedures) 11
Replacement
424. Part 5, heading-- 12
omit, insert-- 13
`PART 5--APPEALS'. 14
of ss 37-52 15
Replacement
425. Sections 37 to 52-- 16
omit, insert-- 17
to give notice of refusal of application 18
`Board
`37.(1) If the board refuses an application by a person for registration as a 19
dental technician or dental prosthetist, the registrar must, within 14 days of 20
the refusal happening, give written notice of the refusal to the person. 21
`(2) The notice must state-- 22
(a) the reasons for the board's decision to refuse the application; and 23
(b) that the person may appeal against the decision to the District 24
s 426 239 s 428
Health Practitioners (Professional Standards)
Court; and 1
(c) how to appeal.'. 2
of s 53 (Appeals) 3
Amendment
426.(1) Section 53(1) and (2)-- 4
omit, insert-- 5
`53.(1) A person aggrieved by a refusal by the board of the person's 6
application for registration as a dental technician or dental prosthetist may 7
appeal against the board's decision to the District Court. 8
`(1A) The decision of the District Court on the appeal is final and the 9
board must give effect to it. 10
`(2) The District Court may-- 11
(a) dismiss the appeal; or 12
(b) allow the appeal and order the board to register the person as a 13
dental technician or a dental prosthetist.'. 14
(2) Section 53(3)(a), `or order'-- 15
omit. 16
(3) Section 53(4)-- 17
omit. 18
of s 54 (Fraudulent actions) 19
Amendment
427. Section 54(3), `Despite section 37(1)(b), if'-- 20
omit, insert-- 21
`If'. 22
4--Amendment of Health Act 1937 23
Division
amended in div 4 24
Act
428. This division amends the Health Act 1937. 25
s 429 240 s 430
Health Practitioners (Professional Standards)
of s 5 (Interpretation) 1
Amendment
429. Section 5(1)-- 2
insert-- 3
` "health practitioner registration Act" means any 1 of the following 4
Acts-- 5
· Chiropractors and Osteopaths Act 1979 6
· Dental Act 1971 7
· Dental Technicians and Dental Prosthetists Act 1991 8
· Medical Act 1939 9
· Occupational Therapists Act 1979 10
· Optometrists Act 1974 11
· Pharmacy Act 1976 12
· Physiotherapists Act 1964 13
· Podiatrists Act 1969 14
· Psychologists Act 1977 15
· Speech Pathologists Act 1979. 16
"registrant" means a person registered under a health practitioner 17
registration Act. 18
"registrant's board", for a registrant, means the board responsible for 19
administering the health practitioner registration Act under which the 20
registrant is registered.'. 21
of new s 18A 22
Insertion
430. Division 2, after section 18-- 23
insert-- 24
executive to give notice of proceedings to boards 25
`Chief
`18A.(1) This section applies if-- 26
(a) a health service employee, or public service employee within the 27
department, starts proceedings against a registrant or a nurse for 28
s 431 241 s 431
Health Practitioners (Professional Standards)
an offence against this Act or another Act administered by the 1
Minister; or 2
(b) the chief executive suspends or cancels, or imposes or varies 3
conditions on, an authority held by a registrant, nurse or 4
veterinary surgeon under the Health (Drugs and Poisons) 5
Regulation 1996; or 6
(c) the chief executive suspends or cancels, or imposes or varies 7
conditions on, an approval held by a medical practitioner under 8
the Health (Drugs and Poisons) Regulation 1996, section 122,106 9
to dispense, prescribe, administer or supply a controlled drug to 10
or for a class of drug dependent persons. 11
`(2) The chief executive must, as soon as practicable after the chief 12
executive or employee takes action mentioned in subsection (1), give written 13
notice about it-- 14
(a) for a registrant--to the registrant's board; or 15
(b) for a nurse--to the Queensland Nursing Council; or 16
(c) for a veterinary surgeon--to the Veterinary Surgeons Board of 17
Queensland. 18
`(3) For subsection (1)(a)-- 19
"health service employee" means a person appointed under the Health 20
Services Act 1991, section 24.107'. 21
Division 5--Amendment of Health Rights Commission Act 1991 22
amended in div 5 23
Act
431. This division amends the Health Rights Commission Act 1991. 24
106 Health (Drugs and Poisons) Regulation 1996, section 122 (Approval needed for
treating drug dependent person with controlled drugs)
107 Health Services Act 1991, section 24 (Appointment of health service employees)
s 432 242 s 434
Health Practitioners (Professional Standards)
of s 3 (Definitions) 1
Amendment
432. Section 3(1)-- 2
insert-- 3
` "disciplinary body" means-- 4
(a) a disciplinary committee; or 5
(b) the Health Practitioners Tribunal; or 6
(c) the professional conduct committee; or 7
(d) a professional conduct review panel; or 8
(e) a registration board acting under the Health Practitioner 9
(Professional Standards) Act 1999. 10
"disciplinary committee" means a disciplinary committee established 11
under the Health Practitioners (Professional Standards) Act 1999, 12
section 128(1)(b). 13
"Health Practitioners Tribunal" means the Health Practitioners Tribunal 14
established under the Health Practitioners (Professional Standards) 15
Act 1999, section 26. 16
"professional conduct committee" means the Professional Conduct 17
Committee established under the Nursing Act 1992, section 84. 18
"professional conduct review panel" means a professional conduct 19
review panel established under the Health Practitioners (Professional 20
Standards) Act 1999, section 15.'. 21
of new pt 5, div 1 hdg 22
Insertion
433. Part 5, before section 58-- 23
insert-- 24
`Division 1--Health service complaints'. 25
of s 58 (Health service complaint) 26
Amendment
434.(1) Section 58(1)-- 27
insert-- 28
s 435 243 s 435
Health Practitioners (Professional Standards)
`(ea) that a registered provider acted in a way that would provide a 1
ground for disciplinary action against the provider under the 2
Health Practitioners (Professional Standards) Act 1999; or 3
(eb) that a provider acted in a way that would provide a ground for 4
making a complaint against the provider under the Nursing Act 5
1992, section 102;108 or'. 6
(2) Section 58(1)(f), `(e)'-- 7
omit, insert-- 8
`(eb)'. 9
(3) Section 58(2), `subsection (1)'-- 10
omit, insert-- 11
`subsection (1)(a) to (e) or (f)'. 12
of new s 58A 13
Insertion
435. After section 58-- 14
insert-- 15
may deal with complaint as 2 or more complaints 16
`Commissioner
`58A.(1) This section applies if-- 17
(a) a health service complaint is about more than 1 provider; or 18
(b) a health service complaint contains more than 1 allegation about 19
the same provider; or 20
(c) a health service complaint is about more than 1 health service 21
event involving the same health care provider; or 22
(d) the health service complaint is a complaint that the commissioner 23
otherwise reasonably believes should be dealt with as 2 or more 24
complaints. 25
26
Example for subsection (1)(a)--
27
The health service complaint by the person is about the treatment received for the
28
person's broken leg from the person's local medical practitioner and also a
108 Nursing Act 1992, section 102 (Complaints concerning conduct)
s 435 244 s 435
Health Practitioners (Professional Standards)
1
specialist medical practitioner at a public hospital.
2
Example for subsection (1)(b)--
3
The health service complaint by the person is that in the course of an examination
4
a physiotherapist touched the person inappropriately and failed to diagnose the
5
person's condition correctly.
6
Example for subsection (1)(c)--
7
The health service complaint by the person is that a week after attending a dentist
8
in March for a filling, the filling fell out and 3 weeks after visiting the same
9
dentist in July the same year for a check up, urgent dental work was required to
10
remove another tooth that was in a state of advance decay and was not identified.
`(2) The commissioner may decide to deal with the complaint as if it 11
were 2 or more complaints, including, for example, by dealing with it as-- 12
(a) separate complaints about more than 1 provider; or 13
(b) if the complaint contains more than 1 allegation about the same 14
provider, separate complaints for each allegation; or 15
(c) separate complaints about more than 1 health service event. 16
`(3) If the commissioner decides to deal with a health service complaint 17
as if it were 2 or more separate complaints, the commissioner must deal 18
with the complaints (the "separate complaints") as if each of the separate 19
complaints had been made as health service complaints under this part. 20
`(4) However, the commissioner must not conciliate a separate complaint 21
until the commissioner has received-- 22
(a) for a complaint about a registered provider being dealt with by a 23
registration board other than the Queensland Nursing Council--a 24
notice about the complaint under the Health Practitioners 25
(Professional Standards) Act 1999, section 383; or 26
(b) for a complaint about a registered provider being dealt with by the 27
Queensland Nursing Council--a notice about the complaint under 28
the Nursing Act 1992, section 118A; or 29
(c) for a complaint about a registered provider being dealt with by 30
another relevant entity--a report about the complaint under 31
section 71A(8); or 32
(d) for a complaint about another provider--a report about the 33
complaint under section 71(5). 34
s 436 245 s 436
Health Practitioners (Professional Standards)
`(5) Subsection (4) does not apply if-- 1
(a) the provider has agreed to conciliation for the sole purpose of 2
arranging a financial settlement or other compensation with the 3
user; and 4
(b) the commissioner and the registration board or other entity 5
conducting the investigation or disciplinary or other proceedings 6
for the complaint from which the separate complaint was 7
separated agree that the conciliation will not compromise or 8
interfere with the investigation or disciplinary or other 9
proceedings. 10
`(6) In this section-- 11
` "health service event" means each occasion when a health service is 12
provided.'. 13
of new s 59A 14
Insertion
436. After section 59-- 15
insert-- 16
about persons who are no longer registered providers 17
`Complaints
`59A.(1) This section applies if-- 18
(a) the commissioner receives a complaint about a person who was a 19
registered provider; and 20
(b) the complaint relates to the conduct or practice of the person as a 21
registered provider; and 22
(c) the person is no longer registered. 23
`(2) The commissioner must deal with the complaint as if the complaint 24
were a health service complaint about a registered provider. 25
`(3) For the purposes of this section, this Act applies, with any necessary 26
changes, to a person mentioned in subsection (1) as if a reference to a 27
registered provider included the person.'. 28
s 437 246 s 438
Health Practitioners (Professional Standards)
of s 60 (Representative complaints) 1
Amendment
437. Section 60(3)-- 2
omit, insert-- 3
`(3) A health service complaint may be made on behalf of a person who 4
has impaired capacity within the meaning of the Powers of Attorney Act 5
1998 by-- 6
(a) the person's attorney under the Powers of Attorney Act 1998; or 7
(b) the adult guardian under the Powers of Attorney Act 1998.'. 8
of ss 66-68A 9
Replacement
438. Sections 66 to 68A-- 10
omit, insert-- 11
`Division 2--Assessment of health service complaints 12
to immediately assess all health service complaints 13
`Commissioner
`66.(1) The commissioner must immediately assess a health service 14
complaint. 15
`(2) However, the commissioner must not start the assessment until-- 16
(a) the commissioner is satisfied the complainant is eligible to make 17
the complaint under section 59 or 60; and 18
(b) if the complaint was made orally--the complainant confirms it in 19
writing or the commissioner decides under section 62(1) that 20
there is good reason that the complaint need not be confirmed in 21
writing; and 22
(c) the complainant provides the commissioner with the information 23
required under section 63(1) or the commissioner decides to 24
accept the complaint under section 63(3); and 25
(d) if the commissioner requests further information about the 26
complaint under section 64 or requires the complaint or further 27
information to be verified by affidavit under section 65--the user 28
complies with the request or requirement. 29
s 438 247 s 438
Health Practitioners (Professional Standards)
`(3) Also, this section is subject to sections 67 and 72A but does not 1
affect the operation of section 74A. 2
may refer complaint to registration board without 3
`Commissioner
assessment 4
`67.(1) This section applies if-- 5
(a) the commissioner receives a health service complaint about a 6
registered provider; and 7
(b) the commissioner considers that it is in the public interest for the 8
complaint to be immediately referred to the registered provider's 9
registration board; and 10
(c) after consulting with the registration board about the complaint, 11
the board agrees it is in the public interest for the board to 12
immediately deal with the complaint. 13
`(2) The commissioner-- 14
(a) must refer the health service complaint to the registered provider's 15
registration board; and 16
(b) must not take any further action in relation to the complaint. 17
`(3) If the commissioner refers the complaint to the registered provider's 18
registration board, the commissioner must give written notice of the referral 19
to the complainant and the registered provider within 14 days after the 20
referral. 21
of decision to assess complaint 22
`Notices
`68.(1) Within 14 days of starting the assessment of a health service 23
complaint, the commissioner must give notice that the complaint is being 24
assessed to-- 25
(a) the complainant; and 26
(b) the provider to whom the complaint relates; and 27
(c) if the provider is a registered provider--the registered provider's 28
registration board. 29
`(2) The notice to the registration board must be accompanied by a copy 30
s 438 248 s 438
Health Practitioners (Professional Standards)
of the complaint. 1
`(3) This section is subject to section 133.109 2
about health service complaint 3
`Submissions
`68A.(1) In assessing the health service complaint, the commissioner-- 4
(a) may invite submissions from the complainant or the provider 5
about the complaint by written notice, including, for example, by 6
the notice mentioned in section 68; and 7
(b) if the complaint relates to a registered provider--must invite 8
submissions from the registered provider's registration board. 9
`(2) The notice must state-- 10
(a) for a notice to a provider--the day, not less than 7 days after 11
receipt of the notice, by which the provider must advise the 12
commissioner if the provider intends to make a submission; and 13
(b) for a notice to any other person--the day, not less than 14 days 14
after receipt of the notice, by which the submissions must be 15
given to the commissioner. 16
`(3) A provider who is invited to provide submissions must, within the 17
period stated in the notice, advise the commissioner whether the provider 18
intends to make a submission. 19
`(4) If a provider advises the commissioner that the provider intends to 20
make a submission, the provider may only make a submission within the 21
period stated in the notice. 22
`(5) If a submission is made within the time provided under this section, 23
by the complainant, provider or, if relevant, the registration board, the 24
commissioner must have regard to the submissions in assessing the health 25
service complaint. 26
`(6) The registration board may delegate its power to make submissions 27
about the health service complaint to-- 28
(a) a board member; or 29
109 Section 133 (Dispensing with notice)
s 439 249 s 439
Health Practitioners (Professional Standards)
(b) a committee of the board; or 1
(c) the executive officer of the Office of Health Practitioner 2
Registration Boards appointed under the Health Practitioner 3
Registration Boards (Administration) Act 1999; or 4
(d) with the executive officer's agreement--another member of the 5
staff of the Office of Health Practitioner Registration Boards.'. 6
of s 69 (Assessment of complaint) 7
Amendment
439. Section 69-- 8
insert-- 9
`(3) Also, before making a decision under subsection (1) about a 10
complaint about a registered health provider, the commissioner must 11
consult with the provider's registration board about the complaint. 12
`(4) The consultation between the commissioner and the registration 13
board may be in the form of a standing arrangement or more specific 14
consultation. 15
`(5) The registered provider's registration board must give the 16
commissioner the board's comments about the complaint within-- 17
(a) 14 days of the commissioner consulting with the board; or 18
(b) a longer period agreed to by the commissioner. 19
`(6) The commissioner-- 20
(a) must not take any action about the complaint until the first of the 21
following happens-- 22
(i) the commissioner receives the registration board's 23
comments about the complaint; 24
(ii) the registration board advises the commissioner that the 25
board does not intend to give the commissioner comments 26
about the complaint; 27
(iii) the period mentioned in subsection (5) for the registration 28
board to provide comments has ended; and 29
(b) must have regard to any comments made by the registration 30
board in making its decision about the action to be taken in 31
s 440 250 s 441
Health Practitioners (Professional Standards)
relation to the complaint or other matter. 1
`(7) The commissioner must not decide not to take action on the 2
complaint under section 74 if the registered provider's registration board has 3
advised the commissioner it considers the complaint warrants investigation 4
or other action by the board.'. 5
of s 70 (Notice of assessment decision) 6
Amendment
440. Section 70(2), `section 71'-- 7
omit, insert-- 8
`section 71 or 71A'. 9
of s 71 (Action on acceptance of complaint) 10
Replacement
441. Section 71-- 11
omit, insert-- 12
on acceptance of complaint about provider other than 13
`Action
registered provider 14
`71.(1) This section applies if the commissioner decides under section 69 15
to accept a health service complaint about a provider for action, other than a 16
complaint about a registered provider. 17
`(2) The commissioner may take 1 or more of the following actions-- 18
(a) conciliate the health service complaint under part 6; 19
(b) investigate the health service complaint under part 7; 20
(c) refer the health service complaint to another entity. 21
`(3) Subject to subsections (6) and (7), the commissioner is to try to 22
resolve the complaint by conciliation if the commissioner considers it can be 23
resolved in that way. 24
`(4) In deciding whether to conciliate the health service complaint, the 25
commissioner must take into account the public interest. 26
`(5) If the commissioner refers the health service complaint to another 27
entity, the entity-- 28
(a) must, if requested by the commissioner, provide the 29
s 441 251 s 441
Health Practitioners (Professional Standards)
commissioner with reports about the progress and results of the 1
action taken by the entity about the complaint; and 2
(b) may provide the commissioner with any other reports about the 3
progress and results of the action taken by the entity about the 4
complaint as it considers appropriate; and 5
(c) must, within 28 days after ceasing to deal with the complaint, give 6
the commissioner a written report of the results of the action taken 7
by the entity about the complaint. 8
`(6) The commissioner must not start a conciliation of a complaint that 9
has been referred to another entity until the commissioner receives the 10
entity's report under subsection (5)(c). 11
`(7) However, the commissioner may start the conciliation of the 12
complaint before receiving notice from the entity if-- 13
(a) the provider has agreed to conciliation for the sole purpose of 14
arranging a financial settlement or other compensation with the 15
user; and 16
(b) the commissioner and the entity agree that the conciliation will not 17
compromise or interfere with the entity's action in relation to the 18
complaint. 19
on acceptance of complaint about registered provider 20
`Action
`71A.(1) This section applies if the commissioner decides under 21
section 69 to accept a health service complaint about a registered provider 22
for action. 23
`(2) The commissioner-- 24
(a) if the commissioner and the registered provider's registration 25
board agree that the complaint requires investigation or other 26
action by the board--must immediately refer the complaint to the 27
board; or 28
(b) if either the commissioner or the registered provider's registration 29
board, but not both, consider that the complaint should be referred 30
to the board--must immediately refer the complaint to the 31
Minister; or 32
s 441 252 s 441
Health Practitioners (Professional Standards)
(c) if neither paragraph (a) nor (b) applies-- 1
(i) may refer the complaint to another entity (a "relevant 2
entity"); or 3
(ii) may conciliate the complaint under part 6. 4
`(3) If the commissioner takes action under subsection (2)(a) or (b) the 5
commissioner may decide to also take action under subsection (2)(c)(i) or 6
(ii) or both. 7
`(4) Subject to subsection (5) and section 71B, the commissioner is to try 8
to resolve the complaint by conciliation if the commissioner considers it can 9
be resolved in that way. 10
`(5) In deciding whether to conciliate a complaint, the commissioner 11
must take into account the public interest. 12
`(6) If the commissioner refers a complaint to a registration board, the 13
commissioner must, at the time of the referral, advise the registration board 14
if the commissioner intends to conciliate the complaint, or a complaint from 15
which it was separated under section 58A, after the board has finished 16
dealing with it. 17
`(7) If the commissioner refers the complaint to the Minister-- 18
(a) the commissioner must ensure the Minister is fully informed 19
about the commissioner's and board's views about why the 20
complaint does or does not require referral to the board; and 21
(b) the Minister must, as soon as practicable after the complaint is 22
referred, decide whether the complaint requires referral to the 23
registration board and inform the commissioner of the decision; 24
and 25
(c) the commissioner must immediately refer the complaint to the 26
registration board if the Minister informs the commissioner that 27
the complaint should be referred. 28
`(8) If the commissioner refers the complaint to a relevant entity, the 29
entity-- 30
(a) must, if asked by the commissioner, provide the commissioner 31
with reports about the progress and results of the action taken by 32
the entity about the complaint; and 33
s 441 253 s 441
Health Practitioners (Professional Standards)
(b) may provide the commissioner with any other reports about the 1
progress and results of the action taken by the entity about the 2
complaint as it considers appropriate; and 3
(c) must, within 28 days after ceasing to deal with the complaint, give 4
the commissioner a written report of the results of the action taken 5
by the entity about the complaint. 6
of complaints referred under s 71A 7
`Conciliation
`71B.(1) The commissioner must not start a conciliation of a complaint 8
that has been referred to a registration board or a relevant entity until the 9
board or entity under section 71A gives the commissioner-- 10
(a) for a registration board other than Queensland Nursing 11
Council--a notice under the Health Practitioners (Professional 12
Standards) Act 1999, section 383; or 13
(b) for the Queensland Nursing Council--a notice under the Nursing 14
Act 1992, section 118A; or 15
(c) for a relevant entity--a report under subsection 71A. 16
`(2) However, the commissioner may start the conciliation of the 17
complaint before receiving notice from the registration board or relevant 18
entity that it has finished with the matter if-- 19
(a) the provider has admitted liability in relation to the complaint and 20
has agreed to conciliation for the sole purpose of arranging a 21
financial settlement or other compensation with the user; and 22
(b) if the complaint has been referred to a registration board--the 23
commissioner and the board agree that the conciliation will not 24
compromise or interfere with the board's actions in relation to the 25
complaint; and 26
(c) if the complaint has been referred to a relevant entity--the 27
commissioner and the entity agree that the conciliation will not 28
compromise or interfere with the entity's actions in relation to the 29
complaint.'. 30
s 442 254 s 443
Health Practitioners (Professional Standards)
of s 72 (Time limit on assessment) 1
Amendment
442.(1) Section 72(1)(a)-- 2
omit, insert-- 3
`(a) within 60 days of starting the assessment;110 or'. 4
(2) Section 72(1)(b), `(2)'-- 5
omit, insert-- 6
`(3)'. 7
(3) Section 72(2)-- 8
omit, insert-- 9
`(2) However, if the commissioner is required to consult with a 10
registration board about the complaint under section 69(3), the period in 11
which the commissioner must assess the complaint is extended by a period 12
equal to the period taken to carry out the consultation. 13
`(3) For subsection (1)(b), the commissioner may decide to extend the 14
period for assessing a health service complaint, by a period of not more than 15
30 days, if the commissioner considers-- 16
(a) the complaint is too complex to allow the commissioner to assess 17
the complaint within 60 days of starting the assessment; or 18
(b) the complaint can be satisfactorily resolved other than under part 6 19
or 7; or 20
(c) information the commissioner has requested from the user, 21
provider or any other person can not be reasonably provided 22
within the time allowed under subsection (1), but may be 23
provided within the extended period.'. 24
of new s 72A 25
Insertion
443. After section 72-- 26
insert-- 27
110 See section 66 which provides that the commissioner must not start an
assessment until satisfied of certain matters.
s 443 255 s 443
Health Practitioners (Professional Standards)
to immediately refer certain complaints to registration board 1
`Duty
`72A.(1) This section applies if-- 2
(a) the commissioner receives a health service complaint about a 3
registered provider; and 4
(b) on receipt of the complaint, or at any time after receipt, the 5
commissioner believes-- 6
(i) the registered provider poses an imminent threat to the life, 7
physical or psychological health, safety or welfare of users 8
of the provider's services or another person or class of 9
persons or the registered provider; and 10
(ii) immediate action to suspend, or impose conditions on, the 11
registered provider's registration appears necessary to protect 12
the person or persons under subparagraph (i). 13
`(2) The commission must immediately refer the complaint to the 14
registered provider's registration board. 15
`(3) If the commissioner refers a complaint to a registration board, the 16
commissioner must, at the time of the referral, advise the registration board 17
if the commissioner intends to conciliate the complaint, or a complaint from 18
which it was separated under section 58A, after the board has finished 19
dealing with it. 20
`(4) The commissioner must not start a conciliation of a complaint 21
referred to a registration board until the board gives the commissioner-- 22
(a) for a registration board other than the Queensland Nursing 23
Council--a notice under the Health Practitioners (Professional 24
Standards) Act 1999, section 383; and 25
(b) for the Queensland Nursing Council--a notice under the Nursing 26
Act 1992, section 118A. 27
`(5) Subject to section 133, the commissioner must, within 14 days of 28
referring the complaint to the board, give written notice of the referral-- 29
(a) to the provider; and 30
(b) to the complainant.'. 31
s 444 256 s 446
Health Practitioners (Professional Standards)
of s 73 (Information and local resolution) 1
Amendment
444.(1) Section 73, heading-- 2
omit, insert-- 3
`Commissioner's powers during assessment'. 4
(2) Section 73(1), `, at any time'-- 5
omit. 6
of s 74 (Decisions not to take action) 7
Amendment
445.(1) Section 74-- 8
insert-- 9
`(5A) However, subsection (5) does not apply to a health service 10
complaint about a matter that the commissioner reasonably believes may 11
warrant the suspension or cancellation of a registered provider's 12
registration.'. 13
(2) Section 74(10)-- 14
omit, insert-- 15
`(10) In this section-- 16
"appropriate tribunal", in relation to an issue mentioned in 17
subsection (3), means-- 18
(a) a court; or 19
(b) an industrial tribunal; or 20
(c) a disciplinary body; or 21
(d) another tribunal authorised to determine the issue at law.'. 22
of new pt 5, div 3 23
Insertion
446. Part 5, after section 74-- 24
insert-- 25
`Division 3--General 26
s 447 257 s 447
Health Practitioners (Professional Standards)
powers to gather information and facilitate resolution of 1
`General
complaints 2
`74A.(1) The commissioner may, at any time, in relation to any health 3
service complaint-- 4
(a) seek and obtain the information the commissioner considers 5
appropriate; and 6
(b) attempt, by whatever lawful means the commissioner considers 7
appropriate, to resolve the complaint, including, for example, by 8
asking any person the commissioner considers may assist in the 9
resolution of the complaint to provide assistance. 10
11
Example of when power may be used--
12
The commissioner may decide to use this power before the commissioner starts
13
the assessment of the complaint under section 66.
`(2) Subsection (1)(b) does not authorise the use of a power conferred by 14
part 7.111'. 15
of s 82 (Action on report of unsuccessful conciliation) 16
Amendment
447.(1) Section 82(a)-- 17
omit, insert-- 18
`(a) take action on the complaint by-- 19
(i) for a complaint about a registered provider--referring it to 20
the registered provider's registration board or another entity; 21
or 22
(ii) for a complaint about a provider other than a registered 23
provider investigating it under part 7 or referring it to another 24
entity; or'. 25
(2) Section 82-- 26
insert-- 27
`(2) The commissioner must not refer a health service complaint to a 28
registration board or another entity without first consulting the registration 29
111 Part 7 (Investigation)
s 448 258 s 449
Health Practitioners (Professional Standards)
board or other entity. 1
`(3) A consultation under subsection (2) may be in the form of a standing 2
arrangement between the commissioner and the board or may be more 3
specific.'. 4
of s 84 (Commissioner may end conciliation) 5
Amendment
448.(1) Section 84(2)(a)-- 6
omit, insert-- 7
`(a) take action on the complaint by-- 8
(i) for a complaint about a registered provider--referring it to 9
the registered provider's registration board or another entity; 10
or 11
(ii) for a complaint about a provider other than a registered 12
provider--investigating it under part 7 or referring it to a 13
another entity; or'. 14
(2) Section 84-- 15
insert-- 16
`(2A) The commissioner must not refer a health service complaint to a 17
registration board or another entity without first consulting the registration 18
board or other entity. 19
`(2B) A consultation under subsection (2A) may be in the form of a 20
standing arrangement between the commissioner and the board or may be 21
more specific.'. 22
of s 85 (Conciliation privileged) 23
Amendment
449.(1) Section 85(1)(a), `or tribunal'-- 24
omit, insert-- 25
`, tribunal or disciplinary body'. 26
(2) Section 85-- 27
insert-- 28
`(3) A document, or a copy of the document, prepared for, or in the 29
s 450 259 s 451
Health Practitioners (Professional Standards)
course of, the conciliation-- 1
(a) is not admissible in any proceedings before a court, tribunal or 2
disciplinary body; and 3
(b) can not be used by the commissioner as a ground for an 4
investigation or inquiry. 5
`(4) This section does not apply to evidence or a document if-- 6
(a) the persons who attended, or were named, during the conciliation 7
consent to the admission of the evidence; or 8
(b) for a document--the person who prepared the document, and all 9
persons named in the document, consent to admission of the 10
document.'. 11
of s 89 (Notice to provide information or a record) 12
Amendment
450. Section 89(5), from `, other than'-- 13
omit, insert-- 14
`other than-- 15
(a) a disciplinary proceeding before a disciplinary body; or 16
(b) a prosecution for an offence under division 4 involving the giving 17
of the information or the producing of the record.'. 18
of s 94 (Reference to another authority for investigation) 19
Replacement
451. Section 94-- 20
omit, insert-- 21
to another entity 22
`Reference
`94.(1) If the commissioner considers that a matter raised by, or in the 23
course of, investigating a health service complaint or inquiry matter should 24
be investigated or otherwise dealt with by an entity that has a function or 25
power under an Act of the State or the Commonwealth to investigate or 26
otherwise deal with the matter, the commissioner may refer the matter to the 27
entity. 28
s 452 260 s 454
Health Practitioners (Professional Standards)
`(2) However, the commissioner must not refer the matter to another 1
entity without first consulting the entity.'. 2
of s 95 (Investigation by other authority) 3
Amendment
452.(1) Section 95, heading, `authority'-- 4
omit, insert-- 5
`entity'. 6
(2) Section 95(1), `a person or body'-- 7
omit, insert-- 8
`an entity'. 9
(3) Section 95(1) and (2), after `investigate'-- 10
insert-- 11
`or otherwise deal with'. 12
(4) Section 95(2) to (6), `person or body'-- 13
omit, insert-- 14
`entity'. 15
(5) Section 95(3), (4) and (6), after `investigation'-- 16
omit, insert-- 17
`or other action taken'. 18
of s 119 (To whom reports may be given) 19
Amendment
453. Section 119(d)-- 20
omit, insert-- 21
`(d) a registration board; or'. 22
of ss 121-123 23
Omission
454. Sections 121 to 123-- 24
omit. 25
s 455 261 s 457
Health Practitioners (Professional Standards)
of ss 125-129 1
Replacement
455. Sections 125 to 129-- 2
omit, insert-- 3
board may ask commissioner for information 4
`Registration
`125.(1) A registration board may, at any time, ask the commissioner for 5
reasonable information about any complaints made to the commissioner 6
about the registration board's registered providers. 7
`(2) The commissioner must comply with the registration board's 8
request as soon as practicable.'. 9
of s 130 (Commissioner may intervene in disciplinary 10
Amendment
proceedings) 11
456.(1) Section 130(1), from `before--'-- 12
omit, insert-- 13
`before a disciplinary body.'. 14
(2) Section 130-- 15
insert-- 16
`(4) If the commissioner intervenes in a proceeding before the Health 17
Practitioners Tribunal or a professional conduct committee, the 18
commissioner may be represented by a lawyer or another person. 19
`(5) If the commissioner intervenes in a proceeding before a registration 20
board or professional conduct review panel, the commissioner may 21
nominate another person, other than a lawyer, to appear at the hearing on 22
behalf of the commissioner. 23
`(6) The commissioner may intervene in an appeal against a decision of a 24
disciplinary body. 25
`(7) On intervention in an appeal, the commissioner becomes a party to 26
the appeal.'. 27
of new ss 133A and 133B 28
Insertion
457. After section 133-- 29
s 458 262 s 459
Health Practitioners (Professional Standards)
insert-- 1
may give combined notice 2
`Commissioner
`133A.(1) This section applies if the commissioner is required under this 3
Act to give a person notices under more than 1 provision. 4
`(2) The commissioner may give the person a combined notice for the 5
provisions. 6
may provide information 7
`Commissioner
`133B.(1) If the commissioner refers a health service complaint to a 8
registration board or other entity under part 5 or 7, the commissioner may 9
give the board or other entity any information given to, or gathered by, the 10
commissioner in the course of dealing with the complaint. 11
`(2) However, subsection (1) does not apply to information obtained by 12
the commissioner under part 6.112'. 13
of s 138 (Preservation of confidentiality) 14
Amendment
458.(1) Section 138(1)-- 15
insert-- 16
`(ba)if the confidential information is about a registered provider--for 17
the purposes of the Health Practitioners (Professional 18
Standards) Act 1999 or the Nursing Act 1992; or'. 19
(2) Section 138-- 20
insert-- 21
`(2A) However, subsection (2) does not apply to the disclosure of 22
confidential information, or production of a record, to a disciplinary body.'. 23
of s 144 (Transitional) 24
Amendment
459. Section 144, heading-- 25
omit, insert-- 26
112 Parts 5 (Complaints), 6 (Conciliation) and 7 (Investigation)
s 460 263 s 461
Health Practitioners (Professional Standards)
`Transitional for Health Rights Commission Act 1991 (Act No. 88 of 1
1991)'. 2
of new ss 145 and 146 3
Insertion
460. After section 144-- 4
insert-- 5
for Health Practitioners (Professional Standards) Act 6
`Transitional
1999 7
`145.(1) A health service complaint made and not finally dealt with 8
before the commencement day may continue to be dealt with under this Act 9
as if the Health Practitioners (Professional Standards) Act 1999, part 14, 10
division 5 had not commenced. 11
`(2) In subsection (1)-- 12
"commencement day" means the day the Health Practitioners 13
(Professional Standards) Act 1999, part 14, division 5 commences.'. 14
and renumbering of Act 15
`Numbering
`146. In the next reprint of this Act produced under the Reprints Act 16
1992, the provisions of this Act must be numbered and renumbered as 17
permitted by the Reprints Act 1992, section 43.'. 18
of sch 1 19
Amendment
461.(1) Schedule 1, heading-- 20
omit, insert-- 21
`SCHEDULE 1 22
`HEALTH SERVICES 23
section 3(1), definition "health service", paragraph (a)'. 24
(2) Schedule 1, part 1, item 10, `massage'-- 25
s 462 264 s 464
Health Practitioners (Professional Standards)
omit, insert-- 1
`hypnosis, massage'. 2
of sch 2 (Declared registration boards) 3
Amendment
462.(1) Schedule 2, before item 1-- 4
insert-- 5
`section 3(1), definition "registration board" '. 6
(2) Schedule 2, item 5-- 7
omit, insert-- 8
`5. Queensland Nursing Council'. 9
Division 6--Amendment of Health Services Act 1991 10
amended in div 6 11
Act
463. This division amends the Health Services Act 1991. 12
of s 63 (Confidentiality) 13
Amendment
464.(1) Section 63(2)-- 14
insert-- 15
`(i) to the giving of information to a board established under a health 16
practitioner registration Act or the Queensland Nursing Council 17
for the purposes of-- 18
(i) making, or giving information about, a complaint about a 19
person registered under the health practitioner registration 20
Act or the Nursing Act 1992; or 21
(ii) answering questions or otherwise giving information as part 22
of an investigation or a disciplinary proceeding about a 23
person registered under the health practitioner registration 24
Act or the Nursing Act 1992.'. 25
(2) Section 63-- 26
s 465 265 s 466
Health Practitioners (Professional Standards)
insert-- 1
`(6) In subsection (2)(i)-- 2
"health practitioner registration Act" means any 1 of the following 3
Acts-- 4
· Chiropractors and Osteopaths Act 1979 5
· Dental Act 1971 6
· Dental Technicians and Dental Prosthetists Act 1991 7
· Medical Act 1939 8
· Occupational Therapists Act 1979 9
· Optometrists Act 1974 10
· Pharmacy Act 1976 11
· Physiotherapists Act 1964 12
· Podiatrists Act 1969 13
· Psychologists Act 1977 14
· Speech Pathologists Act 1979.'. 15
Division 7--Amendment of Medical Act 1939 16
amended in div 7 17
Act
465. This division amends the Medical Act 1939. 18
of s 4 (Definitions) 19
Amendment
466.(1) Section 4, definitions "complaints investigation committee", 20
"impairment" and "tribunal"-- 21
omit. 22
(2) Section 4-- 23
insert-- 24
` "panel" means a professional conduct review panel established under the 25
Health Practitioners (Professional Standards) Act 1999, section 15. 26
s 467 266 s 472
Health Practitioners (Professional Standards)
"tribunal" means the Health Practitioners Tribunal established under the 1
Health Practitioners (Professional Standards) Act 1999, section 26. 2
"unsatisfactory professional conduct" see Health Practitioners 3
(Professional Standards) Act 1999, schedule.'. 4
of s 4B (Meaning of "impairment") 5
Omission
467. Section 4B-- 6
omit. 7
of pt 2 (Central authority) 8
Omission
468. Part 2-- 9
omit. 10
of s 12 (Power of board to examine on oath) 11
Amendment
469. Section 12(2)-- 12
omit. 13
of s 13 (Board a commission of inquiry) 14
Amendment
470. Section 13(1), `or making any investigation or holding any inquiry 15
into any matter'-- 16
omit. 17
of s 13C (Allowances to witness) 18
Amendment
471. Section 13C(3)-- 19
omit. 20
of s 16 (Power to make by-laws) 21
Amendment
472. Section 16(1C)(p) and (q)-- 22
omit. 23
s 473 267 s 476
Health Practitioners (Professional Standards)
of s 17F (Conditions may be imposed in cases of 1
Omission
impairment) 2
473. Section 17F-- 3
omit. 4
of s 19D (Registration may be refused if applicant 5
Amendment
deregistered on disciplinary grounds in another jurisdiction) 6
474. Section 19D(1), from `relating to conduct'-- 7
omit, insert-- 8
`that would be a ground for disciplinary action under the Health 9
Practitioners (Professional Standards) Act 1999.'. 10
of pt 4, div 4 (Suspension of registration for protection of 11
Omission
public) 12
475. Part 4, division 4-- 13
omit. 14
of s 21 (Right of appeal) 15
Amendment
476.(1) Section 21(1)(b), after `determination'-- 16
insert-- 17
`under this Act'. 18
(2) Section 21(1)(c)-- 19
omit. 20
(3) Section 21(1)(d), `, 30K(1), 31A(3)'-- 21
omit. 22
(4) Section 21(1)(e), `, 30K(2) or 31B(3)'-- 23
omit. 24
s 477 268 s 482
Health Practitioners (Professional Standards)
of s 21B (Appeal from inquiry decision to be by way of 1
Amendment
rehearing) 2
477. Section 21B(1), after `board'-- 3
insert-- 4
`under part 4A, division 3'. 5
of pt 4, div 6 (Notification to medical registration 6
Omission
authorities) 7
478. Part 4, division 6-- 8
omit. 9
of pt 4A, div 3 hdg (Inquiries) 10
Replacement
479. Part 4A, division 3, heading-- 11
omit, insert-- 12
`Division 3--Inquiries into applications for registration'. 13
of s 25 (Board may hold inquiry into eligibility) 14
Amendment
480. Section 25, heading-- 15
omit, insert-- 16
`Board may hold inquiry into eligibility of applicant for registration'. 17
of pt 4B, div 1 hdg (General powers to remove from or alter 18
Omission
the register) 19
481. Part 4B, division 1, heading-- 20
omit. 21
of s 30C (Removal or amendment under disciplinary 22
Amendment
order) 23
482.(1) Section 30C(1), after `this Act'-- 24
s 483 269 s 487
Health Practitioners (Professional Standards)
insert-- 1
`or another Act'. 2
(2) Section 30C(2), `of the board'-- 3
omit, insert-- 4
`or another Act of the board, a panel'. 5
of ss 30D-30L 6
Omission
483. Sections 30D to 30L-- 7
omit. 8
of s 30M (Appeal) 9
Amendment
484.(1) Section 30M(a), `or 30K(1)'-- 10
omit. 11
(2) Section 30M(b), `or 30K(2)'-- 12
omit. 13
of pt 4B, divs 2-3 14
Omission
485. Part 4B, divisions 2 and 3-- 15
omit. 16
of pt 5 (The Medical Assessment Tribunal) 17
Omission
486. Part 5-- 18
omit. 19
of new ss 52A-52C 20
Insertion
487. After section 52-- 21
insert-- 22
s 487 270 s 487
Health Practitioners (Professional Standards)
etc. not to be false or misleading 1
`Certificates
`52A. A medical practitioner must not, in the medical practitioner's 2
professional capacity, sign or give to a person, a certificate, notice, report or 3
other document the medical practitioner knows is false or misleading. 4
Maximum penalty--30 penalty units. 5
to notify police officer of crimes etc. 6
`Duty
`52B.(1) This section applies if-- 7
(a) a medical practitioner, acting in the medical practitioner's 8
professional capacity, obtains information that indicates a crime, 9
or attempted crime, has taken place; or 10
(b) a medical practitioner treats, or is asked to treat, a person for any 11
1 of the following injuries and is not satisfied the injury was 12
accidentally incurred-- 13
(i) a wound from a cutting instrument or other weapon, other 14
than a firearm; 15
(ii) a wound caused by a bullet; 16
(iii) a partial strangulation or asphyxiation. 17
`(2) The medical practitioner must immediately give the information or 18
notice of the circumstances of the injury to the police officer in charge of the 19
nearest police station. 20
Maximum penalty for subsection (2)--30 penalty units. 21
for referrals prohibited 22
`Payment
`52C.(1) A person must not, directly or indirectly, pay or give any other 23
benefit, or attempt to pay or give any other benefit, to a medical practitioner 24
in return for the medical practitioner referring a patient to the person. 25
Maximum penalty--30 penalty units. 26
`(2) A medical practitioner must not, directly or indirectly, accept 27
payment or any other benefit for referring a patient to another person. 28
Maximum penalty for subsection (2)--30 penalty units. 29
s 488 271 s 491
Health Practitioners (Professional Standards)
1
Example of `indirectly' paying a medical practitioner--
2
A person paying a medical company to refer patients to the person would be
3
indirectly paying the medical practitioners engaged by the company.'.
of s 58 (Cancellation and suspension of certificates of 4
Amendment
approval) 5
488. Section 58(1)(a)(iv)-- 6
omit, insert-- 7
`(iv) has been found to satisfy a ground for disciplinary action on 8
the basis of unsatisfactory professional conduct under the 9
Health Practitioners (Professional Standards) Act 1999; 10
or'. 11
of pt 9A (Suspension pending prosecution) 12
Omission
489. Part 9A-- 13
omit. 14
of s 67 (Safeguarding of abandoned medical records) 15
Amendment
490. Section 67(7), after `investigation'-- 16
insert-- 17
`under the Health Practitioners (Professional Standards) Act 1999'. 18
of s 76A (Person not to be dealt with twice) 19
Amendment
491.(1) Section 76A, `or is also misconduct in a professional respect as 20
defined in section 37B of this Act,'-- 21
omit. 22
(2) Section 76A, `or under section 37 or 37A,'-- 23
omit. 24
s 492 272 s 496
Health Practitioners (Professional Standards)
of s 79 (Saving of other rights and remedies against 1
Amendment
medical practitioners etc.) 2
492. Section 79(2) and (2A)-- 3
omit. 4
of s 86 (Regulations) 5
Amendment
493. Section 86(2)-- 6
omit. 7
8--Amendment of Nursing Act 1992 8
Division
amended in div 8 9
Act
494. This division amends the Nursing Act 1992. 10
of s 4 (Definitions) 11
Amendment
495. Section 4-- 12
insert-- 13
` "commissioner" means the Health Rights Commissioner appointed under 14
the Health Rights Commission Act 1991, section 9.'. 15
of s 102 (Complaints concerning conduct) 16
Replacement
496. Section 102-- 17
omit, insert-- 18
concerning conduct 19
`Complaints
`102. A person aggrieved by the conduct of a nurse, a midwife or another 20
person authorised to practise nursing may complain in writing to the council 21
about the conduct. 22
s 496 273 s 496
Health Practitioners (Professional Standards)
by council on receipt of complaint about conduct 1
`Action
`102A.(1) This section applies if the council receives a complaint about 2
the conduct of a nurse, midwife or another person authorised to practise 3
nursing. 4
`(2) If the complaint is by a user of a service provided by the nurse, 5
midwife or other person, or the user's representative, the council must 6
immediately refer the complaint to the commissioner unless-- 7
(a) following consultation between the council and the commissioner, 8
the council and the commissioner agree it is in the public interest 9
for the council to retain the complaint for investigation or other 10
action; or 11
(b) the council has suspended the nurse, midwife or other person 12
under section 67; or 13
(c) the executive officer has suspended the nurse, midwife or other 14
person under section 68. 15
`(3) If the complaint is by a person other than a user of a service provided 16
by the nurse, midwife or other person, or the user's representative, the 17
council may decide to investigate the nurse, midwife or other person. 18
`(4) If the council is not required to immediately refer the complaint to 19
the commissioner under subsection (2) or the complaint is from a person 20
who is not a user or a user's representative, the council must, as soon as 21
practicable after receipt of the complaint, give a copy of it to the 22
commissioner. 23
`(5) If the council agrees with the commissioner to keep a complaint and 24
take stated action under subsection (2)(a), the council must take the stated 25
action, as soon as practicable after reaching the agreement. 26
of complaint to commissioner 27
`Referral
`102B.(1) If the council refers a complaint to the commissioner under 28
section 102A, the complaint is, under the Health Rights Commission Act 29
1991, taken to be a health service complaint made to the commissioner. 30
`(2) The council is to take no further action on the complaint unless, 31
under the Health Rights Commission Act 1991, the commissioner refers the 32
complaint back to the council. 33
s 497 274 s 497
Health Practitioners (Professional Standards)
`(3) The council may give the commissioner information, comments and 1
recommendations in relation to the complaint and the nurse, midwife or 2
other person authorised to practise nursing against whom the complaint has 3
been made. 4
to be undertaken by council 5
`Investigation
`102C.(1) The council must conduct an investigation if-- 6
(a) the Minister decides under the Health Rights Commission Act 7
1991, section 71A(6), that a complaint about a nurse, midwife or 8
other person authorised to practise nursing should be investigated; 9
or 10
(b) the council and the commissioner agree under the Health Rights 11
Commission Act 1991, section 71A, or section 102A of this Act, 12
that a complaint should be investigated. 13
`(2) The council may, on the basis of a complaint or on its own initiative, 14
conduct an investigation into the conduct of a nurse, midwife or another 15
person authorised to practise nursing on the ground of contravention of the 16
code of conduct. 17
may be taken in relation to former nurses etc. 18
`Action
`102D. The council may take action under this part against a person on 19
the ground of contravention of the code of conduct that is alleged to have 20
happened when the person was a nurse, midwife or authorised to practise 21
nursing even if the person is no longer a nurse, midwife or authorised to 22
practise nursing.'. 23
of s 103 (Investigation by council) 24
Amendment
497. Section 103(1)(a) and (b)-- 25
omit, insert-- 26
`(a) a complaint under section 102; or 27
(b) a complaint referred to the council by the commissioner; or 28
(c) the suspension of the registration or enrolment of a nurse under 29
s 498 275 s 498
Health Practitioners (Professional Standards)
section 67(1); or 1
(d) a decision by the council, on its own initiative, that an 2
investigation should be conducted into the conduct of a nurse, 3
midwife or another person authorised to practise nursing.'. 4
of new ss 103A-103B 5
Insertion
498. After section 103-- 6
insert-- 7
to keep commissioner informed about investigation 8
`Council
`103A.(1) If the council conducts an investigation of a person it must, 9
during the investigation, give to the commissioner the reasonable reports 10
requested by the commissioner about the investigation. 11
`(2) As soon as practicable after completing the investigation, the council 12
must give the commissioner a report about the investigation. 13
`(3) The report must include-- 14
(a) the council's findings about the investigation including, if the 15
investigation was the result of a complaint, the council's findings 16
about the complaint; and 17
(b) the action taken or proposed to be taken by the council about the 18
complaint or other matter the subject of the investigation. 19
`(4) The commissioner may give the council information, comments or 20
recommendations about a report given to the commissioner under 21
subsection (1) or (2), within 14 days after receiving the report or the longer 22
period decided by the council. 23
`(5) If the commissioner gives information, comments or 24
recommendations to the council under subsection (4), the council must have 25
regard to the information, comments or recommendations in making a 26
decision about action it intends to take about the complaint. 27
`(6) The commissioner may give the Minister a report about 28
investigations conducted by the council or a particular investigation. 29
s 499 276 s 501
Health Practitioners (Professional Standards)
may refer complaint to appropriate entity 1
`Council
`103B. In addition to any other action taken under this Act, the council 2
may, at any time, refer a complaint to another entity that has a function or 3
power to deal with the complaint. 4
5
Example of circumstance in which council may refer complaint to another entity--
6
If a complaint about a nurse's conduct alleges or indicates possible criminal
7
activity, the council may, in addition to taking action against the nurse for
8
professional misconduct under this Act, refer the matter to the commissioner of
9
the police service for action.'.
of s 104 (Referral of charge to Professional Conduct 10
Amendment
Committee) 11
499. Section 104-- 12
insert-- 13
`(3) If the council refers a charge to the committee, the council must 14
immediately give notice of the referral to the commissioner.'. 15
of s 118 (Notification of committee's orders and reasons) 16
Amendment
500. Section 118-- 17
insert-- 18
`(2A) Also, the committee must give a copy of the orders and the 19
reasons to the commissioner.'. 20
of new pt 5, div 4A 21
Insertion
501. After section 118-- 22
insert-- 23
`Division 4A--Council to give notice to commissioner 24
to give notice to commissioner at end of dealing with matter 25
`Council
`118A.(1) This section applies if-- 26
(a) a complaint about a nurse, a midwife or another person authorised 27
s 502 277 s 503
Health Practitioners (Professional Standards)
to practise nursing is being dealt with by the council or a 1
professional conduct committee under this part; and 2
(b) the commissioner has advised the council under the Health Rights 3
Commission Act 1991, section 71A or 72A(3) that the 4
commissioner intends to conciliate the complaint. 5
`(2) The council must, as soon as practicable after the council or 6
professional conduct committee has finished dealing with the matter, give 7
the commissioner written notice that no further action is to be taken about 8
the complaint under this Act.'. 9
of new s 142A 10
Insertion
502. After section 142-- 11
insert-- 12
may give combined notice 13
`Council
`142A.(1) This section applies if the council is required under this Act to 14
give a person notices under more than 1 provision. 15
`(2) The council may give the person a combined notice for the 16
provisions.'. 17
of new pt 9, div 3 18
Insertion
503. After section 152-- 19
insert-- 20
3--Provisions for the Health Practitioners (Professional 21
`Division
Standards) Act 1999 22
for Health Practitioners (Professional Standards) Act 23
`Transitional
1999 24
`153.(1) A complaint made to the council about a nurse, midwife or 25
another person authorised to practise nursing and not finally dealt with 26
before the commencement day may continue to be dealt with under this Act 27
as if the Health Practitioners (Professional Standards) Act 1999, part 14 28
had not commenced. 29
s 504 278 s 507
Health Practitioners (Professional Standards)
`(2) In subsection (1)-- 1
"commencement day" means the day the Health Practitioners 2
(Professional Standards) Act 1999, part 14, commences.'. 3
9--Amendment of Occupational Therapists Act 1979 4
Division
amended in div 9 5
Act
504. This division amends the Occupational Therapists Act 1979. 6
of s 24 (Removal of name from register) 7
Amendment
505. Section 24(2) to (6)-- 8
omit. 9
of s 25 (Disciplinary action) 10
Omission
506. Section 25-- 11
omit. 12
of s 27 (Notification of board's determinations) 13
Replacement
507. Section 27-- 14
omit, insert-- 15
to give notice of refusal of application 16
`Board
`27.(1) If the board refuses an application by a person for registration as 17
an occupational therapist, the registrar must within 14 days of the refusal 18
happening, give written notice of the refusal to the person. 19
`(2) The notice must state-- 20
(a) the reasons for the board's decision to refuse the application; and 21
(b) that the person may appeal against the decision to the District 22
Court; and 23
(c) how to appeal.'. 24
s 508 279 s 512
Health Practitioners (Professional Standards)
of s 28 (Appeals) 1
Amendment
508. Section 28(1), from `by--' to `therefrom'-- 2
omit, insert-- 3
`by a refusal by the board of the person's application for registration as 4
an occupational therapist may appeal against the refusal'. 5
of s 30 (Rules of practice) 6
Omission
509. Section 30-- 7
omit. 8
Division 10--Amendment of Optometrists Act 1974 9
amended in div 10 10
Act
510. This division amends the Optometrists Act 1974. 11
of s 24 (Disciplinary action) 12
Omission
511. Section 24-- 13
omit. 14
of s 26 (Notification of board's determination) 15
Amendment
512.(1) Section 26, `or makes an order or determination under 16
section 24(6)'-- 17
omit. 18
(2) Section 26, from `or against'-- 19
omit, insert-- 20
`, in writing, about the refusal.'. 21
s 513 280 s 518
Health Practitioners (Professional Standards)
of s 27 (Appeals) 1
Amendment
513. Section 27(1)(b)-- 2
omit. 3
of s 31 (Limitation on use by optometrist of unregistered 4
Amendment
person) 5
514. Section 31(2)-- 6
omit. 7
11--Amendment of Pharmacy Act 1976 8
Division
amended in div 11 9
Act
515. This division amends the Pharmacy Act 1976. 10
of s 23 (Removal of name from register) 11
Amendment
516. Section 23(2) to (4)-- 12
omit. 13
of ss 25-27 14
Omission
517. Sections 25 to 27-- 15
omit. 16
of s 28 (Notification of board's determination) 17
Amendment
518.(1) Section 28, `or makes an order or determination under 18
section 25(6) or (7) or under section 26'-- 19
omit. 20
(2) Section 28, from `or the person'-- 21
omit, insert-- 22
`, in writing, about the refusal.'. 23
s 519 281 s 524
Health Practitioners (Professional Standards)
of s 29 (Appeals) 1
Amendment
519. Section 29(1)(b)-- 2
omit. 3
of s 40 (By-laws) 4
Amendment
520. Section 40(1A)(l)-- 5
omit. 6
12--Amendment of Physiotherapists Act 1964 7
Division
amended in div 12 8
Act
521. This division amends the Physiotherapists Act 1964. 9
of s 20 (Removal of name from register) 10
Amendment
522. Section 20(2) to (4)-- 11
omit. 12
of s 21 (Disciplinary action) 13
Omission
523. Section 21-- 14
omit. 15
of s 23 (Notification of determination by board 16
Replacement
524. Section 23-- 17
omit, insert-- 18
to give notice of refusal of application 19
`Board
`23.(1) If the board refuses an application by a person for registration as a 20
physiotherapist, the registrar must, within 14 days of the refusal happening, 21
give written notice of the refusal to the person. 22
`(2) The notice must state-- 23
s 525 282 s 529
Health Practitioners (Professional Standards)
(a) the reasons for the board's decision to refuse the application; and 1
(b) that the person may appeal against the decision to the District 2
Court; and 3
(c) how to appeal.'. 4
of s 24 (Appeals) 5
Amendment
525. Section 24(1), from `by--' to `may'-- 6
omit, insert-- 7
`by the board's refusal to register the person may'. 8
of s 31 (Regulation making power) 9
Amendment
526. Section 31(2)(b) and (c)-- 10
omit. 11
Division 13--Amendment of Podiatrists Act 1969 12
amended in div 13 13
Act
527. This division amends the Podiatrists Act 1969. 14
of s 22 (Disciplinary action) 15
Omission
528. Section 22-- 16
omit. 17
of s 24 (Notification of board's determinations) 18
Replacement
529. Section 24-- 19
omit, insert-- 20
to give notice of refusal of application 21
`Board
`24.(1) If the board refuses an application by a person for registration as a 22
podiatrist, the registrar must, within 14 days of the refusal happening, give 23
s 530 283 s 532
Health Practitioners (Professional Standards)
written notice of the refusal to the person. 1
`(2) The notice must state-- 2
(a) the reasons for the board's decision to refuse the application; and 3
(b) that the person may appeal against the decision to the District 4
Court; and 5
(c) how to appeal.'. 6
of s 25 (Appeals) 7
Amendment
530. Section 25(1), from `by--' to `may'-- 8
omit, insert-- 9
`by the board's refusal of the person's application for registration as a 10
podiatrist may'. 11
14--Amendment of Police Powers and Responsibilities Act 12
Division
1997 13
amended in div 14 14
Act
531. This division amends the Police Powers and Responsibilities Act 15
1997. 16
of new pt 16, div 3 17
Insertion
532. After section 139-- 18
insert-- 19
3--Transitional provision for Health Practitioners 20
`Division
(Professional Standards) Act 1999 21
provision about Health Practitioners (Professional 22
`Transitional
Standards) Act 1999 23
`140. To remove any doubt, it is declared that an investigator appointed 24
s 533 284 s 536
Health Practitioners (Professional Standards)
under the Health Practitioners (Professional Standards) Act 1999, 1
section 73 is a public official for this Act.'. 2
Division 15--Amendment of Psychologists Act 1977 3
amended in div 15 4
Act
533. This division amends the Psychologists Act 1977. 5
of s 23 (Removal of name from register) 6
Amendment
534. Section 23(2) to (4)-- 7
omit. 8
of s 24 (Disciplinary action) 9
Omission
535. Section 24-- 10
omit. 11
of s 26 (Notification of board's determinations) 12
Replacement
536. Section 26-- 13
omit, insert-- 14
to give notice of refusal of application 15
`Board
`26.(1) If the board refuses an application by a person for registration as a 16
psychologist, the registrar must, within 14 days of the refusal happening, 17
give written notice of the refusal to the person. 18
`(2) The notice must state-- 19
(a) the reasons for the board's decision to refuse the application; and 20
(b) that the person may appeal against the decision to the District 21
Court; and 22
(c) how to appeal.'. 23
s 537 285 s 542
Health Practitioners (Professional Standards)
of s 27 (Appeals) 1
Amendment
537. Section 27(1), from `by--' to `may appeal therefrom'-- 2
omit, insert-- 3
`by the board's refusal of the person's application for registration as a 4
psychologist may appeal against the refusal'. 5
of s 30 (Rules of practice) 6
Omission
538. Section 30-- 7
omit. 8
Division 16--Amendment of Speech Pathologists Act 1979 9
amended in div 16 10
Act
539. This division amends the Speech Pathologists Act 1979. 11
of s 24 (Removal of name from register) 12
Amendment
540. Section 24(2) to (6)-- 13
omit. 14
of s 25 (Disciplinary action) 15
Omission
541. Section 25-- 16
omit. 17
of s 27 (Notification of board's determinations) 18
Replacement
542. Section 27-- 19
omit, insert-- 20
to give notice of refusal of application 21
`Board
`27. If the board refuses an application by a person for registration as a 22
speech pathologist, the registrar must, within 14 days of the refusal 23
s 543 286 s 544
Health Practitioners (Professional Standards)
happening, give written notice of the refusal to the person. 1
`(2) The notice must state-- 2
(a) the reasons for the board's decision to refuse the application; and 3
(b) that the person may appeal against the decision to the District 4
Court; and 5
(c) how to appeal.'. 6
of s 28 (Appeals) 7
Amendment
543. Section 28(1), from `by--' to `may appeal therefrom'-- 8
omit, insert-- 9
`by the board's refusal of the person's application for registration as a 10
speech pathologist may appeal against the refusal'. 11
of s 30 (Rules of practice) 12
Omission
544. Section 30-- 13
omit. 14
15
287
Health Practitioners (Professional Standards)
SCHEDULE 1
¡
DICTIONARY 2
section 3 3
"approved form" means-- 4
(a) for a panel--a form approved by the secretary under 5
section 397(2); or 6
(b) for the tribunal--a form approved by the chairperson of the 7
tribunal under section 397(1). 8
"assessment report" means-- 9
(a) for part 5, division 5, subdivision 7--see section 109; or 10
(b) for part 7, division 2, subdivision 2--see section 273; or 11
(c) for part 7, division 3, subdivision 3--see section 296. 12
"assessor" means a person chosen, under section 31 or 228, by the 13
registrar from a panel of assessors to assist the tribunal. 14
"attendance notice" means-- 15
(a) for the board or a disciplinary committee--see section 143; or 16
(b) for a panel--see section 186; or 17
(c) for the tribunal--see section 229. 18
"board" means a board established under a health practitioner registration 19
Act. 20
"board's nominee" see section 182(1). 21
"chairperson", of a board, means-- 22
(a) for the Medical Board of Queensland--the president of the board 23
appointed under the Medical Act 1939, section 8(2A);113 or 24
113 Medical Act 1939, section 8 (Constitution of board)
288
Health Practitioners (Professional Standards)
SCHEDULE (continued)
(b) for the Dental Board of Queensland--the president of the board 1
appointed under the Dental Act 1971, section 8(1);114 or 2
(c) for another board--the chairperson of the board appointed under 3
the health practitioner registration Act that establishes the board. 4
"code of practice" means a code of practice approved by the Minister 5
under section 374(3). 6
"commissioner" means the Health Rights Commissioner appointed under 7
the Health Rights Commission Act 1991, section 9.115 8
"complainant" means-- 9
(a) a person or other entity who makes a complaint under this Act; or 10
(b) a person or other entity who makes a complaint under the Health 11
Rights Commission Act 1991 that is referred to a board by the 12
commissioner. 13
"complaints part" means part 3. 14
"constituting member", in relation to the tribunal, means the member 15
constituting the tribunal under section 213(2). 16
"convicted", for an offence, includes a plea of guilty or a finding of guilt by 17
a court even though a conviction is not recorded. 18
"copy", of a report, includes a reproduction and duplicate. 19
"current matter" see section 249(1)(a). 20
"detriment" includes-- 21
(a) personal injury or prejudice to safety; and 22
(b) property damage or loss; and 23
(c) intimidation or harassment; and 24
(d) adverse discrimination, disadvantage or adverse treatment about 25
career, profession, employment, trade or business; and 26
114 Dental Act 1971, section 8 (President and deputy president of board)
115 Health Rights Commission Act 1991, section 9 (Appointment of Commissioner)
289
Health Practitioners (Professional Standards)
SCHEDULE (continued)
(e) threats of detriment; and 1
(f) financial loss from detriment. 2
"disciplinary action", for a registrant, means any action that a disciplinary 3
body may take at the end of disciplinary proceedings and includes a 4
decision that a disciplinary body may make at the end of disciplinary 5
proceedings relating to a person who was a registrant but is not 6
registered at the time of the decision. 7
"disciplinary body" means-- 8
(a) a board; or 9
(b) a disciplinary committee; or 10
(c) a panel; or 11
(d) the tribunal. 12
"disciplinary committee" see section 128(1)(b). 13
"disciplinary matter" means a matter-- 14
(a) that may provide a ground for disciplinary action to be taken 15
against a registrant under the disciplinary proceedings part; or 16
(b) that is the subject of a review or appeal under the review and 17
appeals part. 18
"disciplinary proceedings" means proceedings conducted by-- 19
(a) a disciplinary body under the disciplinary proceedings part; or 20
(b) a review panel or the tribunal under the review and appeals part. 21
"disciplinary proceedings part" means part 6. 22
"entity acting on behalf of a user" means-- 23
(a) an entity chosen by the user to act on the user's behalf; or 24
(b) if it would be difficult or impossible for the user to choose an 25
entity to act on the user's behalf--an entity that has a sufficient 26
interest in the health or welfare of the user. 27
"executive officer" means the executive officer appointed under the Health 28
Practitioner Registration Boards (Administration) Act 1999. 29
290
Health Practitioners (Professional Standards)
SCHEDULE (continued)
"expert's report" see section 111(1). 1
"facsimile warrant" see section 86(4). 2
"foreign disciplinary body" means an entity established under the law of 3
another State or a foreign country having functions similar to the 4
functions of a disciplinary body. 5
"foreign law", for part 8, see section 310. 6
"foreign law part" means part 8. 7
"foreign regulatory authority" means-- 8
(a) an interstate regulatory authority; or 9
(b) an entity established under the law of a foreign country, other than 10
New Zealand, having functions similar to the functions of a board 11
under this or the health practitioner registration Act under which 12
the board is established. 13
"further assessment" see section 305(2)(a). 14
"ground for disciplinary action" means a ground mentioned in 15
section 124. 16
"health assessment", in relation to a registrant, includes-- 17
(a) a physical, medical, psychiatric or psychological examination or 18
test of the registrant; and 19
(b) asking questions for assessing whether the registrant is impaired. 20
"health assessment committee" means a committee established under 21
section 282 to conduct a health assessment of a registrant. 22
"Health Insurance Commission" means the Health Insurance 23
Commission established under the Health Insurance Commission Act 24
1973 (Cwlth), section 4.116 25
"health practitioner registration Act" means any 1 of the following 26
Acts-- 27
116 Health Insurance Commission Act 1973 (Cwlth), section 4 (Establishment of
Health Insurance Commission)
291
Health Practitioners (Professional Standards)
SCHEDULE (continued)
· Chiropractors and Osteopaths Act 1979 1
· Dental Act 1971 2
· Dental Technicians and Dental Prosthetists Act 1991 3
· Medical Act 1939 4
· Occupational Therapists Act 1979 5
· Optometrists Act 1974 6
· Pharmacy Act 1976 7
· Physiotherapists Act 1964 8
· Podiatrists Act 1969 9
· Psychologists Act 1977 10
· Speech Pathologists Act 1979. 11
"Health Practitioners Tribunal" means the tribunal established under 12
section 26. 13
"health professions" means the professions regulated under the health 14
practitioner registration Acts. 15
"health service provider" means any of the following-- 16
· acupuncturist 17
· ambulance officer 18
· audiologist 19
· audiometrist 20
· child guidance therapist 21
· dental hygienist or school dental therapist 22
· dietitian 23
· medical radiation technologist, nuclear medicine technologist or 24
radiographer 25
· naturopath 26
· nurse 27
292
Health Practitioners (Professional Standards)
SCHEDULE (continued)
· optical dispenser 1
· orthoptist 2
· psychotherapist 3
· social worker engaged in the provision of a health service 4
· therapeutic counsellor 5
· traditional chinese medicine practitioner. 6
"hearing notice" means-- 7
(a) for part 6, division 4, subdivision 2--see section 131; or 8
(b) for part 6, division 5, subdivision 2--see section 174; or 9
(c) for part 6, division 6, subdivision 2--see section 215. 10
"immediate suspension part" means part 4. 11
"impairment", of a registrant, means the registrant has a physical or mental 12
impairment, disability, condition or disorder that detrimentally affects, 13
or is likely to detrimentally affect, the registrant's physical or mental 14
capacity to perform the registrant's profession and includes substance 15
abuse or dependence. 16
"impairment part" means part 7. 17
"impose" a condition, includes change the condition. 18
"inspection part" means part 10. 19
"inspector" means a person appointed as an inspector under section 358(1) 20
or is an inspector under section 358(2). 21
"interstate regulatory authority" means an entity established under the 22
law of another State or New Zealand having functions similar to the 23
functions of a board under this Act or the health practitioner 24
registration Act under which it is established. 25
"investigation committee" means a committee established under 26
section 64(1)(a). 27
"investigation part" means part 5. 28
"investigator" means a person appointed as an investigator under 29
293
Health Practitioners (Professional Standards)
SCHEDULE (continued)
section 73. 1
"Medical Assessment Tribunal" means the tribunal under the Medical Act 2
1939 as in force before the commencement of section 26. 3
"notice of appeal" means-- 4
(a) for part 9, division 3--see section 327(1); or 5
(b) for part 9, division 5--see section 349(1)(a). 6
"notice of review" means-- 7
(a) for part 9, division 2--see section 317(1); or 8
(b) for part 9, division 3--see section 339(1). 9
"nurse" see Nursing Act 1992, section 4.117 10
"office" means the Office of Health Practitioner Registration Boards 11
established under the Health Practitioner Registration Boards 12
(Administration) Act 1999. 13
"original panel" see section 319(3). 14
"panel" means a professional conduct review panel. 15
"panels of assessors" means both of the following-- 16
(a) the professional panels of assessors; 17
(b) the public panel of assessors. 18
"place" includes premises and vacant land. 19
"place of seizure" see section 93(a). 20
"preliminary report" see section 114(1). 21
"premises" includes-- 22
(a) a building or other structure; and 23
(b) a part of a building or other structure; and 24
(c) land where a building or other structure is situated; and 25
117 Nursing Act 1992, section 4--
"nurse" means a registered or enrolled nurse.
294
Health Practitioners (Professional Standards)
SCHEDULE (continued)
(d) a vehicle. 1
"profession", for a registrant, means the following-- 2
(a) for a registrant registered under the Chiropractors and 3
Osteopaths Act 1979--the chiropractic profession or osteopathic 4
profession; 5
(b) for a registrant registered under the Dental Act 1971--the dental 6
profession; 7
(c) for a registrant registered as a dental prosthetist under the Dental 8
Technicians and Dental Prosthetists Act 1991--the profession, 9
other than the dental profession, that provides dental prosthetic 10
services; 11
(d) for another registrant registered under the Dental Technicians and 12
Dental Prosthetists Act 1991--the profession, other than the 13
dental profession, that carries out dental technical work; 14
(e) for a registrant registered under the Medical Act 1939--the 15
medical profession; 16
(f) for a registrant registered under the Occupational Therapists Act 17
1979--the occupational therapy profession; 18
(g) for a registrant registered under the Optometrists Act 1974--the 19
optometry profession; 20
(h) for a registrant registered under the Pharmacy Act 1976--the 21
pharmacy profession; 22
(i) for a registrant registered under the Physiotherapists Act 23
1964--the physiotherapy profession; 24
(j) for a registrant registered under the Podiatrists Act 1969--the 25
podiatry profession; 26
(k) for a registrant registered under the Psychologists Act 1977--the 27
psychology profession; 28
(l) for a registrant registered under the Speech Pathologists Act 29
1979--the speech pathology profession. 30
"professional conduct review panel" means a professional conduct 31
295
Health Practitioners (Professional Standards)
SCHEDULE (continued)
review panel established under section 15. 1
"professional panel of assessors" means a panel of assessors mentioned 2
in section 39(b). 3
"proposed action" see section 311(2)(a). 4
"public panel of assessors" means the panel of assessors mentioned in 5
section 39(a). 6
"reasonably" means on grounds that are reasonable in the circumstances. 7
"referral notice" see section 126(2). 8
"register", of a board, means a register kept by the board under the health 9
practitioner registration Act under which the board is established. 10
"registered" means registered under a health practitioner registration Act. 11
"registrant" means a person registered under a health practitioner 12
registration Act. 13
"registrant's board", for a registrant, means the board established under 14
the health practitioner registration Act under which the registrant is 15
registered. 16
"registrar" means the registrar of the tribunal. 17
"relevant professional panel of assessors", for a registrant, means the 18
professional panel of assessors consisting of members of the 19
registrant's profession. 20
"reprisal" see section 388. 21
"reviewable decision" see section 337. 22
"review and appeal part" means part 9. 23
"review panel" see section 319(1). 24
"secretary" means the person appointed under section 23(1). 25
"suspected matter" see section 268(1). 26
"suspended decision" see section 247(4). 27
"tribunal" means the Health Practitioners Tribunal. 28
"tribunal member" means a member of the tribunal under section 27(1). 29
296
Health Practitioners (Professional Standards)
SCHEDULE (continued)
"unsatisfactory professional conduct", for a registrant, includes the 1
following-- 2
(a) professional conduct that is of a lesser standard than that which 3
might reasonably be expected of the registrant by the public or the 4
registrant's professional peers; 5
(b) professional conduct that demonstrates incompetence, or a lack of 6
adequate knowledge, skill, judgment or care, in the practise of the 7
registrant's profession; 8
(c) infamous conduct in a professional respect; 9
(d) misconduct in a professional respect; 10
(e) conduct discreditable to the registrant's profession; 11
(f) providing a person with health services of a kind that are 12
excessive, unnecessary or not reasonably required for the 13
person's wellbeing; 14
(g) influencing, or attempting to influence, the conduct of another 15
registrant in a way that may compromise patient care; 16
(h) fraudulent or dishonest behaviour in the practise of the registrant's 17
profession; 18
(i) other improper or unethical conduct. 19
"user", of a service provided by a registrant, includes a person who used 20
the service. 21
"warrant form" see section 86(5)(b). 22
297
Health Practitioners (Professional Standards)
SCHEDULE (continued)
"wellbeing of vulnerable persons", in relation to a registrant, means the 1
life, physical or psychological health, safety or welfare of anyone, 2
including the following-- 3
(a) users of the registrant's services; 4
(b) any other class of persons that may be affected by the registrant; 5
(c) the registrant. 6
© State of Queensland 1999
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