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Queensland Medical Board (Administration) Bill 2006
Queensland Medical Board (Administration) Bill 2006 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Main object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Act binds State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Office of the Medical Board of Queensland Division 1 Establishment 7 Establishment of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 2 Office's function 8 Function of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 3 Minister's powers in relation to office 9 Minister's powers to give directions . . . . . . . . . . . . . . . . . . . . . . . 7 Division 4 The executive officer 10 Appointment of executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Functions of executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Powers of executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 State and executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Delegation by executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 18 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19 Superannuation for executive officer who was previously an officer of the public service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20 Acting executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2 Medical Board (Administration) Bill 2006 Division 5 Staff of the office 21 Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 3 Office's relationship with the board Division 1 Administrative and operational support to the board 22 Office to provide administrative and operational support under a service agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Board to use office for administrative and operational support . . 12 24 Minister may authorise other support . . . . . . . . . . . . . . . . . . . . . . 13 25 Minister may give directions to give effect to authorisation . . . . . 13 Division 2 Form of service agreements 26 Agreement to be in writing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 What must be included in a service agreement . . . . . . . . . . . . . . 14 Division 3 Negotiation of subsequent service agreements 28 Negotiation of subsequent service agreements . . . . . . . . . . . . . . 15 29 Special procedures for subsequent service agreements . . . . . . . 15 Part 4 Miscellaneous 30 Financial administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 31 Office is statutory body under the Statutory Bodies Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 32 Annual reports to include ministerial directions . . . . . . . . . . . . . . 16 33 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part 5 Transitional provisions 34 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 35 Negotiation of initial service agreement . . . . . . . . . . . . . . . . . . . . 17 36 Special procedures for initial service agreement . . . . . . . . . . . . . 18 37 Termination of previous agreement . . . . . . . . . . . . . . . . . . . . . . . 18 38 Support by office to board during transition period . . . . . . . . . . . 18 39 Minister may authorise other support . . . . . . . . . . . . . . . . . . . . . . 19 40 Minister may give directions to executive officer or board to give effect to authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 41 Minister may give directions to executive officer of OHPRB etc. . 19 Part 6 Amendment of Acts 42 Consequential and other amendments of Acts . . . . . . . . . . . . . . 20 Schedule 1 Consequential and other amendments of Acts . . . . . . . . . . . 21 Health Practitioner Registration Boards (Administration) Act 1999 ........................................ 21 Health Practitioners (Professional Standards) Act 1999 . . . . . . . 22 Health Quality and Complaints Commission Act 2006. . . . . . . . . 31
3 Medical Board (Administration) Bill 2006 Medical Practitioners Registration Act 2001. . . . . . . . . . . . . . . . . 32 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
2006 A Bill for An Act to provide for administrative arrangements for the Medical Board of Queensland, and for other purposes
s1 6 s6 Medical Board (Administration) Bill 2006 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Medical Board (Administration) 4 Act 2006. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 3 Main object of Act 8 (1) The main object of this Act is to establish administrative 9 arrangements to help the board to perform its functions. 10 (2) The object is primarily achieved by establishing the Office of 11 the Medical Board of Queensland. 12 4 Definitions 13 The dictionary in schedule 2 defines particular words used in 14 this Act. 15 5 The legislative scheme 16 This Act is part of a legislative scheme (the legislative 17 scheme) consisting of this Act, the health practitioner 18 registration Acts, the Health Practitioner Registration Boards 19 (Administration) Act 1999 and the Health Practitioners 20 (Professional Standards) Act 1999. 21 6 Act binds State 22 This Act binds the State. 23
s7 7 s9 Medical Board (Administration) Bill 2006 Part 2 Office of the Medical Board of 1 Queensland 2 Division 1 Establishment 3 7 Establishment of office 4 (1) The Office of the Medical Board of Queensland is 5 established. 6 (2) The office consists of the executive officer and the staff of the 7 office. 8 Division 2 Office's function 9 8 Function of office 10 The office's function is to provide the administrative and 11 operational support necessary or convenient to-- 12 (a) help the board to perform its functions; and 13 (b) help the executive officer to perform his or her functions 14 and exercise his or her powers. 15 Division 3 Minister's powers in relation to 16 office 17 9 Minister's powers to give directions 18 (1) The Minister may give the executive officer a written 19 direction about the administration and operation of the office 20 if the Minister is satisfied it is necessary to give the direction 21 in the public interest. 22 (2) Without limiting subsection (1), a direction may be to provide 23 reports and information. 24 (3) The executive officer must comply with the direction. 25
s 10 8 s 12 Medical Board (Administration) Bill 2006 Division 4 The executive officer 1 10 Appointment of executive officer 2 (1) There is to be an executive officer of the office. 3 (2) The executive officer is to be appointed by the Governor in 4 Council. 5 (3) The executive officer is appointed for the term stated in the 6 instrument of appointment, and is eligible for reappointment. 7 (4) The stated term must not be longer than 5 years. 8 (5) The Public Service Act 1996 does not apply to the 9 appointment of the executive officer. 10 11 Terms of appointment 11 (1) The executive officer is to be paid the remuneration and 12 allowances decided by the Governor in Council. 13 (2) The executive officer holds office on terms, not provided for 14 by this Act, decided by the Governor in Council. 15 12 Functions of executive officer 16 (1) The executive officer is to control the office and is responsible 17 for its efficient and effective administration and operation. 18 (2) Without limiting subsection (1), the executive officer is 19 responsible for-- 20 (a) the management of the office including financial 21 management; and 22 (b) the negotiation of service agreements; and 23 (c) the implementation of service agreements; and 24 (d) providing training for members of the board, when first 25 appointed, about their role and the legislative scheme. 26 (3) The executive officer may also perform other functions given 27 to or conferred on the executive officer under another Act, 28 including, for example, any Act in the legislative scheme. 29
s 13 9 s 15 Medical Board (Administration) Bill 2006 13 Powers of executive officer 1 (1) The executive officer has power to do anything necessary or 2 convenient for the performance of the office's function or 3 executive officer's functions. 4 (2) Without limiting subsection (1), the executive officer may-- 5 (a) enter into a service agreement with the board; and 6 (b) engage suitably qualified persons external to the office 7 to help it perform its function including, for example, by 8 providing it with services, information and advice. 9 (3) The executive officer may exercise a power delegated to the 10 executive officer under the Medical Practitioners Registration 11 Act 2001, section 135.1 12 (4) The executive officer may also exercise other powers 13 conferred on the executive officer under another Act 14 including, for example, any Act in the legislative scheme. 15 14 State and executive officer 16 The executive officer represents the State. 17 15 Delegation by executive officer 18 (1) The executive officer may delegate the executive officer's 19 functions under this Act to an appropriately qualified member 20 of the office's staff. 21 (2) However, the executive officer may not delegate-- 22 (a) the power to enter into a service agreement with the 23 board; or 24 (b) a power delegated to the executive officer under the 25 Medical Practitioners Registration Act 2001, section 26 135. 27 (3) In this section-- 28 appropriately qualified includes having the qualifications, 29 experience or standing appropriate to exercise the power. 30 1 Medical Practitioners Registration Act 2001, section 135 (Practice in area of need)
s 16 10 s 18 Medical Board (Administration) Bill 2006 1 Example of standing-- 2 a person's classification level in the office functions includes powers. 3 16 Resignation 4 The executive officer may resign by signed notice given to the 5 Minister. 6 17 Ending of appointment 7 (1) The Governor in Council may end the appointment of the 8 executive officer if the executive officer-- 9 (a) is convicted of an indictable offence; or 10 (b) is guilty of misconduct that could warrant dismissal 11 from the public service if the executive officer were a 12 public service officer; or 13 (c) is guilty of neglect of duty or incompetence; or 14 (d) becomes incapable of satisfactorily performing the 15 executive officer's functions. 16 (2) In this section-- 17 convicted means found guilty, or having a plea of guilty 18 accepted by a court, whether or not a conviction is recorded. 19 18 Preservation of rights 20 (1) This section applies if a public service officer is appointed as 21 the executive officer. 22 (2) The person retains and is entitled to all rights that have 23 accrued to the person because of employment as a public 24 service officer, or that would accrue in the future to the person 25 because of that employment, as if service as executive officer 26 were a continuation of service as a public service officer. 27 (3) At the end of the person's term of appointment or on 28 resignation-- 29 (a) the person is entitled to be employed as a public service 30 officer-- 31
s 19 11 s 21 Medical Board (Administration) Bill 2006 (i) at the classification level at which the person 1 would have been employed if the person had 2 continued in employment as a public service 3 officer; and 4 (ii) on the remuneration to which the person would 5 have been entitled if the person had continued in 6 employment as a public service officer; and 7 (b) the person's service as executive officer is taken to be 8 service of a like nature in the public service for deciding 9 the person's rights as a public service officer. 10 19 Superannuation for executive officer who was previously 11 an officer of the public service 12 (1) This section applies if a public service officer is appointed as 13 the executive officer and immediately before the appointment 14 the public service officer was a member of the State Public 15 Sector Superannuation Scheme under the Superannuation 16 (State Public Sector) Act 1990. 17 (2) The person continues to be eligible to be, and to be, a member 18 of the scheme. 19 20 Acting executive officer 20 The Minister may appoint a person to act as executive 21 officer-- 22 (a) during a vacancy in that office; or 23 (b) during any period, or during all periods, when the 24 executive officer is absent from duty or can not, for 25 another reason, perform the functions of that office. 26 Division 5 Staff of the office 27 21 Office staff 28 The staff of the office are to be employed under the Public 29 Service Act 1996. 30
s 22 12 s 23 Medical Board (Administration) Bill 2006 Part 3 Office's relationship with the 1 board 2 Division 1 Administrative and operational 3 support to the board 4 22 Office to provide administrative and operational support 5 under a service agreement 6 The office must provide administrative and operational 7 support to the board under a service agreement. 8 23 Board to use office for administrative and operational 9 support 10 (1) The board must obtain all administrative and operational 11 support from the office. 12 (2) Subsection (1) does not limit the following powers of the 13 board-- 14 (a) power under the Medical Practitioners Registration Act 15 2001 or the Health Practitioners (Professional 16 Standards) Act 1999 to establish a committee to advise 17 the board on anything within the scope of the board's 18 functions; 19 (b) power under the Health Practitioners (Professional 20 Standards) Act 1999 to appoint an inspector or 21 investigator, or a person to carry out a health 22 assessment; 23 (c) power under the Health Practitioners (Professional 24 Standards) Act 1999 to engage a person to provide 25 expert advice to the board; 26 (d) power under the Medical Practitioners Registration Act 27 2001 to appoint an inspector or a person to conduct a 28 health assessment. 29 (3) Also, subsection (1) does not prevent a member of the board 30 from advising or informing the board about anything. 31
s 24 13 s 25 Medical Board (Administration) Bill 2006 (4) Further, despite subsection (1), the board may engage a 1 person to help the board in negotiating a service agreement. 2 24 Minister may authorise other support 3 (1) However, the Minister may authorise the board to obtain 4 administrative and operational support from another source 5 approved by the Minister, if the Minister is satisfied the office 6 can not provide the administrative and operational support 7 necessary to help the board to perform its functions. 8 (2) The Minister must, before authorising the board to obtain 9 administrative and operational support from another source, 10 consider-- 11 (a) the board's functions under the Medical Practitioners 12 Registration Act 2001, the Health Practitioners 13 (Professional Standards) Act 1999 and any other Act; 14 and 15 (b) the services to be provided to the board as stated in the 16 existing service agreement concerning the board; and 17 (c) the extent to which the office can provide the 18 administrative and operational support necessary to help 19 the board to perform its functions. 20 25 Minister may give directions to give effect to 21 authorisation 22 (1) To give effect to an authorisation under section 24, the 23 Minister may give the executive officer or board written 24 directions. 25 (2) Without limiting subsection (1), the directions may be about 26 the following-- 27 (a) varying the existing service agreement or entering into a 28 new service agreement; 29 (b) adjusting the amounts paid or payable to the office by 30 the board under the existing service agreement. 31 (3) The executive officer or board must comply with the 32 directions. 33
s 26 14 s 27 Medical Board (Administration) Bill 2006 Division 2 Form of service agreements 1 26 Agreement to be in writing 2 A service agreement must be in writing. 3 27 What must be included in a service agreement 4 (1) The service agreement must state anything the executive 5 officer and board consider necessary to ensure the provision 6 of the administrative and operational support necessary to 7 help the board to perform its functions. 8 (2) Without limiting subsection (1), the service agreement must 9 include the following-- 10 (a) details of the services to be provided by the office; 11 (b) the amount payable to the office by the board for the 12 provision of the services; 13 (c) how the amount payable is to be calculated; 14 (d) how the amount payable is to be paid, for example, by 15 instalments, and the amount and timing of the 16 instalments; 17 (e) an arrangement by which the executive officer reports to 18 the board about the office's performance under the 19 agreement; 20 (f) an arrangement by which the executive officer accounts 21 to the board for moneys collected, managed and 22 disbursed for the board by the office; 23 (g) the term of the agreement, which must not be more than 24 3 years; 25 (h) how the agreement may be varied. 26
s 28 15 s 30 Medical Board (Administration) Bill 2006 Division 3 Negotiation of subsequent service 1 agreements 2 28 Negotiation of subsequent service agreements 3 (1) The executive officer and board must, at least 3 months before 4 the existing service agreement between the executive officer 5 and board is to end, enter into negotiations for a subsequent 6 service agreement. 7 (2) The executive officer and board must endeavour to reach 8 agreement on the subsequent service agreement as soon as 9 practicable and in any event at least 1 month before the 10 existing service agreement is to end. 11 29 Special procedures for subsequent service agreements 12 (1) This section applies if the subsequent service agreement has 13 not been entered into between the executive officer and board 14 at least 1 month before the existing service agreement is to 15 end. 16 (2) The executive officer must immediately inform the Minister 17 of the circumstances mentioned in subsection (1). 18 (3) The Minister may give the executive officer or board written 19 directions to take particular steps in relation to the subsequent 20 service agreement. 21 (4) Without limiting subsection (3), a direction may be about the 22 subsequent service agreement's terms. 23 (5) The executive officer or board must immediately comply with 24 the directions. 25 Part 4 Miscellaneous 26 30 Financial administration 27 (1) The office is a statutory body under the Financial 28 Administration and Audit Act 1977. 29
s 31 16 s 32 Medical Board (Administration) Bill 2006 (2) For the application of that Act to the office as a statutory 1 body-- 2 (a) anything done in the name of, or on behalf of, the office 3 by the executive officer is taken to have been done by 4 the office; and 5 (b) the executive officer must ensure the office complies 6 with that Act; and 7 (c) the executive officer is taken to be the chairperson of the 8 office; and 9 (d) section 46G(4) of that Act is taken to require the 10 executive officer to consider the annual financial 11 statements and the auditor-general's report mentioned in 12 the subsection as soon as practicable after they are 13 received by the office; and 14 (e) section 46H of that Act is taken to require the executive 15 officer to consider any observations, suggestions or 16 comments given to the executive officer under section 17 93(4) of that Act as soon as practicable after the 18 executive officer receives them. 19 31 Office is statutory body under the Statutory Bodies 20 Financial Arrangements Act 1982 21 (1) The office is a statutory body under the Statutory Bodies 22 Financial Arrangements Act 1982. 23 (2) For the application of that Act to the office as a statutory 24 body-- 25 (a) anything done in the name of, or on behalf of, the office 26 by the executive officer is taken to have been done by 27 the office; and 28 (b) the executive officer must ensure the office complies 29 with that Act. 30 32 Annual reports to include ministerial directions 31 The office's annual report for a financial year prepared under 32 the Financial Administration and Audit Act 1977 must include 33 copies of all ministerial directions given to the executive 34
s 33 17 s 35 Medical Board (Administration) Bill 2006 officer under section 9(1), 25(1), 29(3), 36(3) or 40(1)2 of this 1 Act during the financial year. 2 33 Regulation-making power 3 The Governor in Council may make regulations under this 4 Act. 5 Part 5 Transitional provisions 6 34 Definitions for pt 5 7 In this part-- 8 commencement means commencement of this section. 9 initial service agreement means the first service agreement 10 entered into between the executive officer and board. 11 OHPRB means the Office of Health Practitioner Registration 12 Boards established under the Health Practitioner Registration 13 Boards (Administration) Act 1999. 14 previous agreement means the service agreement, in force 15 immediately before the commencement, between the OHPRB 16 and board under the Health Practitioner Registration Boards 17 (Administration) Act 1999. 18 transition period means the period from the commencement 19 until the initial service agreement starts. 20 35 Negotiation of initial service agreement 21 The executive officer and board must enter into negotiations 22 for an initial service agreement as soon as practicable after the 23 commencement. 24 2 Section 9 (Minister's powers to give directions), 25 (Minister may give directions to give effect to authorisation), 29 (Special procedures for subsequent service agreements), 36 (Special procedures for initial service agreement) or 40 (Minister may give directions to executive officer or board to give effect to authorisation)
s 36 18 s 38 Medical Board (Administration) Bill 2006 36 Special procedures for initial service agreement 1 (1) This section applies if an initial service agreement has not 2 been entered into between the executive officer and board 3 within 3 months after the commencement. 4 (2) The executive officer must immediately inform the Minister 5 of the circumstances mentioned in subsection (1). 6 (3) The Minister may give the executive officer or board written 7 directions to take particular steps in relation to the initial 8 service agreement. 9 (4) Without limiting subsection (3), a direction may be about the 10 initial service agreement's terms. 11 (5) The executive officer or board must immediately comply with 12 the directions. 13 37 Termination of previous agreement 14 (1) The previous agreement is terminated. 15 (2) Despite the termination of the previous agreement, any rights 16 accrued under the agreement to a party to the agreement 17 continue to be enforceable by that party against the other party 18 to the agreement. 19 38 Support by office to board during transition period 20 (1) This section applies despite section 22. 3 21 (2) Also, this section applies only for the transition period. 22 (3) During the transition period, the office must provide to the 23 board-- 24 (a) administrative and operational support of the type that, 25 before the commencement, was being provided to the 26 board by the OHPRB under the previous agreement; and 27 (b) other administrative and operational support necessary 28 or convenient to help the board to perform its functions 29 under the Medical Practitioners Registration Act 2001 30 3 Section 22 (Office to provide administrative and operational support under a service agreement)
s 39 19 s 41 Medical Board (Administration) Bill 2006 and the Health Practitioners (Professional Standards) 1 Act 1999. 2 39 Minister may authorise other support 3 (1) However, the Minister may authorise the board to obtain 4 administrative and operational support from another source 5 approved by the Minister, if the Minister is satisfied the office 6 can not provide the administrative and operational support 7 necessary to help the board to perform its functions during the 8 transition period. 9 (2) Without limiting subsection (1), the Minister may authorise 10 the board to obtain support from the OHPRB on the same 11 terms as the previous agreement. 12 (3) The Minister must, before authorising the board to obtain 13 administrative and operational support from another source, 14 consider-- 15 (a) the board's functions under the Medical Practitioners 16 Registration Act 2001, the Health Practitioners 17 (Professional Standards) Act 1999 and any other Act; 18 and 19 (b) the extent to which the office can provide the 20 administrative and operational support necessary to help 21 the board to perform its functions. 22 40 Minister may give directions to executive officer or board 23 to give effect to authorisation 24 (1) To give effect to an authorisation under section 39, the 25 Minister may give the executive officer or board written 26 directions. 27 (2) The executive officer or board must comply with the 28 directions. 29 41 Minister may give directions to executive officer of 30 OHPRB etc. 31 (1) This section applies if, under section 39, the Minister 32 authorises the board to obtain support from the OHPRB on the 33 same terms as the previous agreement. 34
s 42 20 s 42 Medical Board (Administration) Bill 2006 (2) To give effect to the authorisation, the Minister may give the 1 executive officer of the OHPRB written directions. 2 (3) The executive officer of the OHPRB must comply with the 3 directions. 4 (4) Also, despite the Health Practitioner Registration Boards 5 (Administration) Act 1999, section 8, to give effect to the 6 authorisation, the OHPRB is to provide administrative and 7 operational support to the board. 8 Part 6 Amendment of Acts 9 42 Consequential and other amendments of Acts 10 Schedule 1 amends the Acts mentioned in it. 11
21 Medical Board (Administration) Bill 2006 Schedule 1 Consequential and other 1 amendments of Acts 2 section 42 3 Health Practitioner Registration Boards 4 (Administration) Act 1999 5 1 Section 5, after `this Act'-- 6 insert-- 7 `, the health practitioner registration Acts, the Medical Board 8 (Administration) Act 2006'. 9 2 Section 13(3)-- 10 omit. 11 3 Section 13(4)-- 12 renumber as section 13(3). 13 4 Section 15(2)-- 14 omit, insert-- 15 `(2) However, the executive officer may not delegate the power to 16 enter into a service agreement with a board.'. 17 5 Schedule, definition health practitioner registration Act, `� 18 Medical Practitioners Registration Act 2001'-- 19 omit. 20
22 Medical Board (Administration) Bill 2006 Schedule 1 (continued) Health Practitioners (Professional Standards) Act 1 1999 2 1 Section 4, after `registration Acts'-- 3 insert-- 4 `, the Medical Board (Administration) Act 2006'. 5 2 Section 12(2), before `may'-- 6 insert-- 7 `, other than the medical board,'. 8 3 Section 12(3)-- 9 renumber as section 12(4). 10 4 Section 12-- 11 insert-- 12 `(3) The medical board may delegate its powers to-- 13 (a) a member of the board; or 14 (b) the executive officer (medical); or 15 (c) with the agreement of the executive officer 16 (medical)--an appropriately qualified member of the 17 staff of the office (medical).'. 18 5 Section 12(4), as renumbered, definition appropriately 19 qualified, `subsection (2)(c)'-- 20 omit, insert-- 21 `this section'. 22
23 Medical Board (Administration) Bill 2006 Schedule 1 (continued) 6 Section 12(4), as renumbered-- 1 insert-- 2 `appropriately qualified, for a member of the staff of the 3 office (medical), includes having the qualifications, 4 experience or standing appropriate to exercise the power. 5 6 Example of standing-- 7 the staff member's classification level in the office (medical)'. 7 Section 23(2)(c), after `office'-- 8 insert-- 9 `or office (medical)'. 10 8 Section 25(g), after `officer'-- 11 insert-- 12 `or executive officer (medical)'. 13 9 Section 29, from `District Courts' to `10.' and footnote-- 14 omit, insert-- 15 `the District Court of Queensland appointed under the District 16 Court of Queensland Act 1967, section 10.'. 17 10 Section 73(b) and (c)-- 18 omit, insert-- 19 `(b) if-- 20 (i) the board is the medical board--the executive 21 officer (medical); or 22 (ii) the board is not the medical board--the executive 23 officer; 24
24 Medical Board (Administration) Bill 2006 Schedule 1 (continued) (c) if-- 1 (i) the board is the medical board and the executive 2 officer (medical) agrees--a member of the staff of 3 the office (medical) the board considers has the 4 necessary expertise or experience to be an 5 investigator; or 6 (ii) the board is not the medical board and the 7 executive officer agrees--a member of the office's 8 staff the board considers has the necessary 9 expertise or experience to be an investigator;'. 10 11 Section 76-- 11 omit, insert-- 12 `76 Failure to return identity card 13 `A person who ceases to be an investigator must give the 14 person's identity card-- 15 (a) if the person was appointed as an investigator by the 16 medical board--to the executive officer (medical) 17 within 7 days after the person ceases to be an 18 investigator, unless the person has a reasonable excuse; 19 or 20 (b) otherwise--to the executive officer within 7 days after 21 the person ceases to be an investigator, unless the person 22 has a reasonable excuse. 23 Maximum penalty--10 penalty units.'. 24 12 Section 98(1), from `by'-- 25 omit, insert-- 26 `by-- 27 (a) if the investigator was appointed as an investigator by 28 the medical board--the executive officer (medical) as 29 the executive officer (medical) considers appropriate; or 30
25 Medical Board (Administration) Bill 2006 Schedule 1 (continued) (b) otherwise--the executive officer as the executive officer 1 considers appropriate.'. 2 13 Section 98(2), after `officer'-- 3 insert-- 4 `or executive officer (medical)'. 5 14 Section 263(1), `board or disciplinary committee'-- 6 omit, insert-- 7 `board, other than the medical board or a disciplinary committee 8 established by a board, other than the medical board'. 9 15 Section 263(1)(b) and (c)-- 10 renumber as section 263(1)(c) and (d). 11 16 Section 263(1)-- 12 insert-- 13 `(b) if the disciplinary body is the medical board or a 14 disciplinary committee established by the medical 15 board--the executive officer (medical); and'. 16 17 Section 263(3)-- 17 omit, insert-- 18 `(3) The secretary or registrar must give a copy of a record kept by 19 the secretary or registrar under subsection (1)-- 20 (a) if the registrant to whom the disciplinary proceedings 21 related is or was registered under the Medical 22 Practitioners Registration Act 2001--to the executive 23 officer (medical) within 7 days after notice of the 24 decision is given to the registrant; or 25
26 Medical Board (Administration) Bill 2006 Schedule 1 (continued) (b) otherwise--to the executive officer within 7 days after 1 notice of the decision is given to the registrant to whom 2 the disciplinary proceedings related.'. 3 18 Section 263(4), (6) and (7), after `officer'-- 4 insert-- 5 `or executive officer (medical)'. 6 19 Section 263(6)(a), after `office'-- 7 insert-- 8 `or office (medical)'. 9 20 Section 358(1)(b) and (c)-- 10 omit, insert-- 11 `(b) if-- 12 (i) the board is the medical board--the executive 13 officer (medical); or 14 (ii) the board is not the medical board--the executive 15 officer; 16 (c) if-- 17 (i) the board is the medical board and the executive 18 officer (medical) agrees--a member of the staff of 19 the office (medical) the board considers has the 20 necessary expertise or experience to be an 21 inspector; or 22 (ii) the board is not the medical board and the 23 executive officer agrees--a member of the office's 24 staff the board considers has the necessary 25 expertise or experience to be an inspector;'. 26 21 Section 361(b)-- 27 renumber as section 361(c). 28
27 Medical Board (Administration) Bill 2006 Schedule 1 (continued) 22 Section 361(a)-- 1 omit, insert-- 2 `(a) if the person was appointed as an inspector by the 3 medical board, and is not the secretary--to the executive 4 officer (medical) within 7 days after the person ceases to 5 be an inspector, unless the person has a reasonable 6 excuse; or 7 (b) if the person was appointed as an inspector by a board, 8 other than the medical board, and is not the 9 secretary--to the executive officer within 7 days after 10 the person ceases to be an inspector, unless the person 11 has a reasonable excuse; or'. 12 23 Section 367B(2), definition relevant person, paragraphs 13 (g) to (j)-- 14 renumber as paragraphs (h) to (k). 15 24 Section 367B(2), definition relevant person-- 16 insert-- 17 `(g) the executive officer (medical) or a member of the staff 18 of the office (medical);'. 19 25 Section 367C, `or a member of the staff of the office'-- 20 omit, insert-- 21 `, the executive officer (medical) or a member of the staff of the 22 office or office (medical)'. 23 26 Section 367D(1), after `officer'-- 24 insert-- 25 `or executive officer (medical)'. 26
28 Medical Board (Administration) Bill 2006 Schedule 1 (continued) 27 Section 375(2)-- 1 renumber as section 375(3). 2 28 Section 375(1)-- 3 omit, insert-- 4 `(1) The executive officer (medical) must keep copies of codes of 5 practice developed or adopted by the medical board and 6 approved under section 374 open for inspection at the office 7 (medical) by members of the public during ordinary office 8 hours. 9 `(2) The executive officer must keep copies of codes of practice 10 developed or adopted by a board, other than the medical 11 board, and approved under section 374 open for inspection at 12 the office by members of the public during ordinary office 13 hours.'. 14 29 Section 375(3), as renumbered, `the board'-- 15 omit, insert-- 16 `a board'. 17 30 Section 382, heading, `or executive officer'-- 18 omit, insert-- 19 `, executive officer or executive officer (medical)'. 20 31 Section 382(1), after `officer'-- 21 insert-- 22 `or executive officer (medical)'. 23 32 Section 382(2), `or executive officer'-- 24 omit, insert-- 25 `, executive officer or executive officer (medical)'. 26
29 Medical Board (Administration) Bill 2006 Schedule 1 (continued) 33 Section 386A(2)-- 1 insert-- 2 `(f) for an official who is the executive officer 3 (medical)--the medical board.'. 4 34 Section 386A(3), definition official, paragraph (g), after 5 `officer'-- 6 insert-- 7 `or executive officer (medical)'. 8 35 Section 392(5), definition relevant person, paragraphs (j) 9 to (k)-- 10 renumber as paragraphs (k) to (m). 11 36 Section 392(5), definition relevant person-- 12 insert-- 13 `(j) the executive officer (medical) or a member of the staff 14 of the office (medical); or'. 15 37 After section 405H-- 16 insert-- 17 `Division 4 Provisions for Medical Board 18 (Administration) Act 2006 19 `405I Definitions for div 4 20 `In this division-- 21 commencement means commencement of this section. 22 pre-amended Act means this Act as in force before the 23 commencement of the Medical Board (Administration) Act 24 2006, section 42 and schedule 1. 25
30 Medical Board (Administration) Bill 2006 Schedule 1 (continued) `405J Keeping of records 1 `(1) This section applies if, immediately before the 2 commencement, the executive officer was keeping records 3 under section 263 of the pre-amended Act relating to a person 4 who is or was registered under the Medical Practitioners 5 Registration Act 2001. 6 `(2) The executive officer must give the records to the executive 7 officer (medical). 8 `(3) The executive officer (medical) must keep the records under 9 section 263 and otherwise comply with that section in relation 10 to the records. 11 `405K Continuing appointment of inspector or investigator 12 `(1) This section applies if, immediately before the 13 commencement, there was in force an appointment by the 14 medical board of one of the following persons as an inspector 15 or investigator under the pre-amended Act-- 16 (a) the executive officer; 17 (b) a member of the office's staff. 18 `(2) Despite sections 73(b)(i) and (c)(i) and 358(1)(b)(i) and (c)(i), 19 the appointment continues in force.'. 20 38 Schedule, definition commencement-- 21 omit. 22 39 Schedule-- 23 insert-- 24 `commencement-- 25 (a) for part 13, division 3--see section 405A; or 26 (b) for part 13, division 4--see section 405I. 27 executive officer (medical) means the executive officer appointed 28 under the Medical Board (Administration) Act 2006. 29
31 Medical Board (Administration) Bill 2006 Schedule 1 (continued) medical board means the Medical Board of Queensland 1 established under the Medical Practitioners Registration Act 2001. 2 office (medical) means the Office of the Medical Board of 3 Queensland established under the Medical Board (Administration) 4 Act 2006. 5 pre-amended Act, for part 13, division 4, see section 405I.'. 6 40 Schedule, definition notice of review, paragraph (b), 7 `division 3'-- 8 omit, insert-- 9 `division 4'. 10 Health Quality and Complaints Commission Act 2006 11 1 Section 68(1)(c), after `the'-- 12 insert-- 13 `Medical Board of Queensland or'. 14 2 Section 68(1)(d)-- 15 renumber as section 68(1)(e). 16 3 Section 68(1)-- 17 insert-- 18 `(d) for the Medical Board of Queensland-- 19 (i) the executive officer of the Office of the Medical 20 Board of Queensland; or 21 (ii) with the agreement of the executive officer of the 22 Office of the Medical Board of 23 Queensland--another member of the staff of the 24 Office of the Medical Board of Queensland; or'. 25
32 Medical Board (Administration) Bill 2006 Schedule 1 (continued) 4 Section 68(2)-- 1 insert-- 2 `Office of the Medical Board of Queensland means the 3 Office of the Medical Board of Queensland established under 4 the Medical Board (Administration) Act 2006.'. 5 Medical Practitioners Registration Act 2001 6 1 Section 4, after `(Administration) Act 1999'-- 7 insert-- 8 `, the Medical Board (Administration) Act 2006'. 9 2 Section 13(2), `Health Practitioner Registration Boards 10 (Administration) Act 1999'-- 11 omit, insert-- 12 `Medical Board (Administration) Act 2006'. 13 3 After section 302-- 14 insert-- 15 `Division 4 Transitional provision for Medical 16 Board (Administration) Act 2006 17 `303 Continuing appointment of inspector 18 `(1) This section applies if, immediately before the 19 commencement, there was in force an appointment by the 20 board of one of the following persons as an inspector under 21 the pre-amended Act-- 22 (a) the executive officer under the Health Practitioner 23 Registration Boards (Administration) Act 1999; 24
33 Medical Board (Administration) Bill 2006 Schedule 1 (continued) (b) a member of the staff of the office under the Health 1 Practitioner Registration Boards (Administration) Act 2 1999. 3 `(2) Despite section 201(b) and (c), the appointment continues in 4 force. 5 `(3) In this section-- 6 commencement means commencement of this section. 7 pre-amended Act means this Act as in force before the 8 commencement of the Medical Board (Administration) Act 9 2006, section 42 and schedule 1.'. 10 4 Schedule 3, definitions executive officer (first occurring) 11 and service agreement, `Health Practitioner Registration 12 Boards (Administration) Act 1999'-- 13 omit, insert-- 14 `Medical Board (Administration) Act 2006'. 15 5 Schedule 3, definition office-- 16 omit, insert-- 17 `office means the Office of the Medical Board of Queensland 18 established under the Medical Board (Administration) Act 19 2006.'. 20
34 Medical Board (Administration) Bill 2006 Schedule 2 Dictionary 1 section 4 2 administrative and operational support, in relation to the 3 board, includes the following-- 4 (a) maintaining the board's register; 5 (b) collecting moneys payable to the board and managing 6 and disbursing moneys held for the board; 7 (c) providing and maintaining accommodation and 8 equipment for use by the board; 9 (d) providing secretariat services to the board; 10 (e) providing advice to the board about the operation of the 11 legislative scheme; 12 (f) helping the board to meet its statutory financial 13 obligations including, for example, under the Financial 14 Administration and Audit Act 1977; 15 (g) exercising powers conferred on or delegated to the 16 executive officer or staff of the office under the Health 17 Practitioners (Professional Standards) Act 1999, the 18 Medical Practitioners Registration Act 2001 or another 19 Act. 20 board means the Medical Board of Queensland established 21 under the Medical Practitioners Registration Act 2001. 22 commencement, for part 5, see section 34. 23 executive officer means the executive officer of the office. 24 existing service agreement, for the executive officer and 25 board, means the current service agreement between the 26 executive officer and board. 27 health practitioner registration Act means any of the 28 following Acts-- 29 � Chiropractors Registration Act 2001 30 � Dental Practitioners Registration Act 2001 31
35 Medical Board (Administration) Bill 2006 Schedule 2 (continued) � Dental Technicians and Dental Prosthetists Registration 1 Act 2001 2 � Medical Practitioners Registration Act 2001 3 � Medical Radiation Technologists Registration Act 2001 4 � Occupational Therapists Registration Act 2001 5 � Optometrists Registration Act 2001 6 � Osteopaths Registration Act 2001 7 � Pharmacists Registration Act 2001 8 � Physiotherapists Registration Act 2001 9 � Podiatrists Registration Act 2001 10 � Psychologists Registration Act 2001 11 � Speech Pathologists Registration Act 2001. 12 initial service agreement, for part 5, see section 34. 13 legislative scheme see section 5. 14 office means the Office of the Medical Board of Queensland. 15 OHPRB, for part 5, see section 34. 16 previous agreement, for part 5, see section 34. 17 service agreement means an agreement made under this Act 18 between the executive officer and board for the provision of 19 administrative and operational support by the office to the 20 board. 21 transition period, for part 5, see section 34. 22 � State of Queensland 2006
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