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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MEDICAL PRACTITIONERS
REGISTRATION BILL 2000
Queensland
MEDICAL PRACTITIONERS
REGISTRATION BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5 Board's decisions to accord with decisions of certain bodies
under the Health Practitioners (Professional Standards) Act 1999 . . . . . . . 19
6 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3--Objects
7 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 2--MEDICAL BOARD OF QUEENSLAND
Division 1--Establishment and functions
9 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
10 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12 Board's independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
13 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
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Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
16 Appointed registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
18 Certain nominee board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 26
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
22 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
24 Leave of absence for an appointed member . . . . . . . . . . . . . . . . . . . . . . . . . 28
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 29
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3--Board business
27 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . 33
Division 7--Annual reports
37 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 8--Other provisions about the board
38 Board is statutory body under the Financial Administration and
Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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39 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 2--Eligibility for general registration
43 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 37
45 Fitness to practise the profession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 39
47 Appointment of appropriately qualified person to conduct health
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
48 Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 4--Decision on applications
51 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 42
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 6--Period of general registration
56 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 7--Conditions of general registration
57 Imposition of internship conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
58 Imposition of supervised practice program conditions . . . . . . . . . . . . . . . . . 47
59 Imposition of other conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
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60 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 3--Provisional general registration
61 Meaning of "authorised person" for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
62 Provisional general registration of a person on internship conditions . . . . . 49
63 Confirmation or cancellation of provisional general registration . . . . . . . . . 50
64 Procedure after cancellation of provisional general registration . . . . . . . . . 51
65 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 51
66 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
67 Board decides to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
68 Board decides to refuse to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
69 Deemed refusal by board to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
70 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 53
Subdivision 2--Applications for renewal of general registrations
71 Notification of imminent expiry of registration . . . . . . . . . . . . . . . . . . . . . . . 54
72 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
73 General registration taken to be in force while application is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Subdivision 3--Decision on applications
74 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
75 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
76 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . 57
77 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 5--Restoration of general registrations
78 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
79 When an application for restoration of a general registration may
be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
80 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
81 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
82 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
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83 When recency of practice conditions take effect . . . . . . . . . . . . . . . . . . . . . 60
Division 6--Cancellation of general registrations
84 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
85 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
86 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 62
87 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 62
88 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
89 Return of cancelled certificate of general registration to board . . . . . . . . . 63
Division 7--Reviewing probationary conditions on general
registrations
90 Review of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
91 Registrant to give notice of completion of internship, or
supervised practice program, to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
92 Board to give notice to internship nominee or supervisor . . . . . . . . . . . . . . 64
93 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
94 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
95 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
96 Failure by board to make decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
97 Amending or replacing certificates of general registration . . . . . . . . . . . . . 67
Division 8--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or
District Court
98 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
99 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
100 Review of conditions during review period . . . . . . . . . . . . . . . . . . . . . . . . . . 68
101 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
102 Application of ss 47-50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
103 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
104 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
105 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
106 Failure by board to make decision on application . . . . . . . . . . . . . . . . . . . . 72
107 Failure by board to make decision on review agreed to under s 100 . . . . . 73
108 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 73
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Subdivision 2--Recording change, or removal, of conditions
109 Amendment of, or replacing, certificates of general registration . . . . . . . . 74
Division 9--Specialist registration
Subdivision 1--Applications
110 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Subdivision 2--Eligibility for specialist registration
111 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Subdivision 3--Inquiries into applications
112 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 77
113 Application of ss 47-50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Subdivision 4--Decision on applications
114 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
115 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 79
116 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
117 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Subdivision 5--Information in certificates of specialist registration
118 Form of certificates of specialist registration . . . . . . . . . . . . . . . . . . . . . . . . 81
Subdivision 6--Period of specialist registration
119 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Subdivision 7--Conditions of specialist registration
120 Conditions attaching to general registration applicable to
specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
121 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
122 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
123 Standard condition of specialist registration of certain persons . . . . . . . . . . 83
Subdivision 8--Application of certain provisions
124 Application of certain provisions to provisional specialist
registration and specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
125 Provisional specialist registration of a person . . . . . . . . . . . . . . . . . . . . . . . . 85
Subdivision 9--Miscellaneous
126 Additional information to be included in show cause notice . . . . . . . . . . . . 87
127 Effect on specialist registration if general registration ceases to
have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
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128 Effect on specialist registration if conditions on general
registration are changed or removed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
129 Restoration of specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
130 Decision about recording details of certain conditions in register . . . . . . . . 89
Division 10--Special purpose registrations
Subdivision 1--Eligibility for special purpose registration
131 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
132 Postgraduate study or training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
133 Supervised training to prepare for clinical examination . . . . . . . . . . . . . . . . 90
134 Medical teaching or research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
135 Practice in area of need . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
136 Study or training to obtain a qualification in a specialty . . . . . . . . . . . . . . . 92
137 Practice in the public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
138 Practice in general practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 2--Applications for special purpose registration
139 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
140 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
141 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
142 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
143 Provisional special purpose registration of a person . . . . . . . . . . . . . . . . . . . 94
Subdivision 3--Renewal of special purpose registrations
144 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
145 Matters that may be considered in deciding applications for
renewal of special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
146 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
147 Period of renewed special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 97
Subdivision 4--Cancellation of special purpose registrations
148 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
149 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Subdivision 5--Removal of conditions
150 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Division 11--General provisions about registrations
151 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 99
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152 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
153 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 99
154 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 100
155 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
156 Notification of certain events to interstate regulatory authorities
and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
157 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
158 Taking of restricted specialist title etc. by person . . . . . . . . . . . . . . . . . . . . 103
159 Using restricted specialist title in relation to other person . . . . . . . . . . . . . . 104
160 Use of title `doctor' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
161 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
162 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 106
163 Restrictions on certain registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
164 Restrictions on provisional registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
165 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 108
Division 2--Notification of business names and other details
166 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
167 Notification of change in business names etc. . . . . . . . . . . . . . . . . . . . . . . . 110
Division 3--Advertising
168 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
169 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 4--Registrants' autonomy
170 Aiding, abetting etc. conduct that is a ground for disciplinary action . . . . . 111
Division 5--Court orders and injunctions
171 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 112
172 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 6--Reprisals
173 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
174 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
175 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
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Division 7--Other provisions
176 Protection for registrants providing information about crimes to
police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
177 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . 117
PART 5--INTERN TRAINING PROGRAMS AND INTERN
TRAINING SECONDMENT PROGRAMS
Division 1--Preliminary
178 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 2--Accreditation of a program
179 Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
180 Criteria for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
181 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
182 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
183 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
184 Accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
185 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Division 3--Renewal of accreditation
186 Applications for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
187 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
188 Accreditation taken to be in force while application is considered . . . . . . 121
189 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 4--Cancellation of accreditation
190 Ground for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
191 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
192 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 123
193 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 123
194 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
195 Return of accreditation certificate to board . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 5--General provisions about accreditation
196 Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
197 Replacement of accreditation certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
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PART 6--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
198 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
199 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
200 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Division 2--Appointment of inspectors and other matters
201 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
202 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
203 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
204 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
205 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 127
Division 3--Powers of inspectors
Subdivision 1--Entry of places
206 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Subdivision 2--Procedure for entry
207 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
208 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
209 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
210 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
211 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Subdivision 3--Powers after entry
212 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
213 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
214 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Subdivision 4--Power to seize evidence
215 Seizing evidence at a place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
216 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
217 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
218 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
219 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
220 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
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221 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
222 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
223 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
224 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
225 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Subdivision 5--Power to obtain information
226 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
227 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
228 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
229 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
230 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Division 4--General enforcement matters
231 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
232 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
233 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
234 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
235 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
236 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
PART 7--APPEALS
237 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
238 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
239 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
240 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
241 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
PART 8--LEGAL PROCEEDINGS
Division 1--Evidence
242 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
243 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
244 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
245 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Division 2--Proceedings
246 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
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247 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
248 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 148
249 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 149
250 Allegations of false or misleading information or documents . . . . . . . . . . . 149
251 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
252 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 149
253 Executive officers must ensure corporation complies with Act . . . . . . . . . . 150
PART 9--REGISTER, RECORDS AND INFORMATION
Division 1--Register
254 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
255 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Division 2--Records to be kept
256 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Division 3--Information
257 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
258 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 155
PART 10--MISCELLANEOUS
Division 1--Abandoned, and other, health records
259 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
260 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 155
261 Health records forming part of deceased estate . . . . . . . . . . . . . . . . . . . . . . 156
262 Health records of persons convicted of an offence against
s 157(1) or (6), 158 or 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
263 Dealing with certain health records seized under s 215 or 216 . . . . . . . . . . 157
264 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
265 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Division 2--Continuing professional education of registrants
266 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . . 158
Division 3--Declared events
267 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
268 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
269 Deemed general or specialist registration of visiting practitioners . . . . . . . 159
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Division 4--Other provisions
270 Provision of certain professional services by interstate practitioners . . . . . 160
271 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
272 Protection for persons supervising registrants undertaking
prescribed internship or supervised practice program . . . . . . . . . . . . . . . . . . 162
273 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 162
274 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 163
275 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
276 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
277 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
278 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
PART 11--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
279 Repeal of Medical Act 1939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Division 2--Transitional provisions
280 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
281 Saving of certain orders made under repealed Act . . . . . . . . . . . . . . . . . . . . 165
282 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 165
283 Board is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
284 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
285 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
286 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
287 Dealing with matter under Health Practitioners (Professional
Standards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
288 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
289 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
290 Chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
291 Deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
292 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
293 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
294 Removal of conditions imposed under repealed Act . . . . . . . . . . . . . . . . . . 172
295 Existing applications for certain column 1 registrations . . . . . . . . . . . . . . . . 172
296 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
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297 Continuation of approvals for intern training . . . . . . . . . . . . . . . . . . . . . . . . . 173
298 Unmet area of need . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
299 Sections 166 and 169 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 174
300 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
301 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
PART 12--CONSEQUENTIAL AMENDMENTS
302 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 177
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 181
CONSEQUENTIAL AMENDMENTS OF ACTS
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
ADOPTION OF CHILDREN ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
AMBULANCE SERVICE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
CORONERS ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
CRIMES (CONFISCATION) ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
CRIMINAL LAW AMENDMENT ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . 183
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 183
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 185
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
INDY CAR GRAND PRIX ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
LAW REFORM ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT
1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
MENTAL HEALTH ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
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PARLIAMENTARY CONTRIBUTORY SUPERANNUATION
ACT 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
PETROLEUM ACT 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES
ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
STATE DEVELOPMENT AND PUBLIC WORKS
ORGANISATION ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
TRANSPLANTATION AND ANATOMY ACT 1979 . . . . . . . . . . . . . . . . . 189
VETERINARY SURGEONS ACT 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
WORKCOVER QUEENSLAND ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . 190
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 191
DICTIONARY
2000
A BILL
FOR
An Act to provide for the registration of medical practitioners, and for
other purposes
s1 18 s4
Medical Practitioners Registration
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 Medical Practitioners Registration 5
Act 2000. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation. 8
Division 2--Operation of Act 9
binds all persons 10
Act
3.(1) This Act binds all persons, including the State. 11
(2) Nothing in this Act makes the State liable to be prosecuted for an 12
offence. 13
legislative scheme 14
The
4. This Act is part of a legislative scheme (the "legislative scheme") 15
consisting of the health practitioner registration Acts, the Health 16
Practitioner Registration Boards (Administration) Act 1999 and the Health 17
Practitioners (Professional Standards) Act 1999. 18
s5 19 s7
Medical Practitioners Registration
decisions to accord with decisions of certain bodies under the 1
Board's
Health Practitioners (Professional Standards) Act 1999 2
5.(1) This section applies if the board is making-- 3
(a) a decision on an application for registration; or 4
(b) a decision, under this Act, affecting a registrant's registration. 5
(2) The decision must comply with, and be consistent with, any decision 6
of the board, a disciplinary committee, a professional conduct review panel, 7
the Health Practitioners Tribunal or the Court of Appeal, affecting the 8
applicant or registration, under the Health Practitioners (Professional 9
Standards) Act 1999. 10
recognition legislation not affected 11
Mutual
6. This Act does not affect the operation of the Mutual Recognition 12
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 13
(Queensland) Act 1999. 14
Division 3--Objects 15
of Act 16
Objects
7.(1) The objects of this Act are-- 17
(a) to protect the public by ensuring health care is delivered by 18
registrants in a professional, safe and competent way; and 19
(b) to uphold the standards of practice within the profession; and 20
(c) to maintain public confidence in the profession. 21
(2) The objects are to be achieved mainly by-- 22
(a) establishing the Medical Board of Queensland; and 23
(b) providing for the registration of persons under this Act; and 24
(c) imposing obligations on persons in relation to the practice of the 25
profession; and 26
(d) providing for compliance with this Act to be monitored and 27
enforced. 28
s8 20 s 11
Medical Practitioners Registration
4--Interpretation 1
Division
2
Definitions
8. The dictionary in schedule 3 defines particular words used in this Act. 3
ART 2--MEDICAL BOARD OF QUEENSLAND 4
P
1--Establishment and functions 5
Division
of board 6
Establishment
9.(1) The Medical Board of Queensland is established. 7
(2) The board-- 8
(a) is a body corporate; and 9
(b) has a common seal; and 10
(c) may sue and be sued in its corporate name. 11
relationship with the State 12
Board's
10. The board does not represent the State. 13
of board 14
Functions
11. The board has the following functions-- 15
(a) to assess applications for registration; 16
(b) to register persons who satisfy the requirements for registration; 17
(c) to monitor, and assess, whether registrants comply with any 18
conditions of registration; 19
(d) to keep a register of, and records relating to, registrants; 20
s 11 21 s 11
Medical Practitioners Registration
(e) to promote high standards of practice of the profession by 1
registrants; 2
(f) to develop or adopt programs for the continuing professional 3
education of registrants, and encourage their participation in the 4
programs; 5
(g) to develop or adopt training programs in the practice of the 6
profession that are relevant to a person's eligibility for 7
registration; 8
9
Example of `training programs'--
10
Refresher courses for persons who have not practised the profession for
11
a number of years.
(h) to accredit intern training programs and intern training 12
secondment programs; 13
(i) to confer and cooperate with interstate regulatory authorities; 14
(j) to confer and cooperate with entities engaged in the development 15
of national policies about the regulation of the profession; 16
(k) to confer and cooperate with the following entities about the 17
education of persons in the practice of the profession-- 18
(i) educational institutions; 19
(ii) entities responsible for accrediting courses, or accrediting 20
institutions to educate persons, for the profession; 21
(l) to inform registrants and the public about the operation of the 22
legislative scheme in its application to the profession; 23
(m) to examine, and advise the Minister about, the operation of the 24
legislative scheme in its application to the profession; 25
(n) to monitor, and enforce, compliance with this Act; 26
(o) to undertake research, relevant to the legislative scheme, into the 27
regulation of the profession; 28
s 12 22 s 13
Medical Practitioners Registration
(p) to collect, and give to persons, information about the practice of 1
the profession by registrants; 2
3
Example of `information about the practice of the profession by
4
registrants'--
5
The languages, other than English, spoken by registrants.
(q) to perform other functions given to the board under this or 6
another Act. 7
8
Example for paragraph (q)--
9
Under the Health Practitioners (Professional Standards) Act 1999,
10
section 374, the board may develop codes of practice, or adopt another
11
entity's code of practice, to provide guidance to registrants as to
12
appropriate professional conduct or practice.
independence etc. 13
Board's
12. In performing its functions, the board is to act independently, 14
impartially and in the public interest. 15
of board 16
Powers
13.(1) The board has all the powers of an individual, and may, for 17
example-- 18
(a) enter into contracts; and 19
(b) enter into service agreements; and 20
(c) acquire, hold, dispose of, and deal with, property; and 21
(d) appoint agents and attorneys; and 22
(e) engage consultants; and 23
(f) fix charges, and other terms, for services and other facilities it 24
supplies; and 25
(g) do anything else necessary or convenient to be done for, or in 26
connection with, its functions. 27
(2) This section does not authorise the board to obtain administrative and 28
operational support other than as required by the Health Practitioner 29
Registration Boards (Administration) Act 1999. 30
s 14 23 s 14
Medical Practitioners Registration
(3) Without limiting subsection (1), the board has the powers given to it 1
under this or another Act. 2
(4) The board may exercise its powers inside or outside Queensland. 3
(5) Without limiting subsection (4), the board may exercise its powers 4
outside Australia. 5
by board 6
Delegation
14.(1) The board may delegate its powers under this Act to-- 7
(a) a member; or 8
(b) a committee of the board consisting of appropriately qualified 9
persons, 1 of whom must be a member; or 10
(c) the executive officer; or 11
(d) with the agreement of the executive officer--an appropriately 12
qualified member of the office's staff. 13
(2) However, the board may not delegate its power under this Act-- 14
(a) to decide to register, or refuse to register, an applicant for 15
registration; or 16
(b) to decide to refuse to renew a renewable registration; or 17
(c) to decide to refuse to restore a renewable registration; or 18
(d) to decide to cancel a registration; or 19
(e) to decide to impose, or remove, conditions on a registration; or 20
(f) to enter into a service agreement. 21
(3) In this section-- 22
"appropriately qualified" includes having the qualifications, experience or 23
standing appropriate to exercise the power. 24
25
Example of `standing' for a member of the office's staff--
26
The staff member's classification level in the office.
s 15 24 s 15
Medical Practitioners Registration
2--Membership 1
Division
of board 2
Membership
15.(1) The board consists of-- 3
(a) the chief health officer; and 4
(b) at least 6, but not more than 10, persons (the "appointed 5
members") appointed by the Governor in Council. 6
(2) The appointed members must include-- 7
(a) persons who are registrants (the "appointed registrant 8
members"); and 9
(b) persons (the "public members") having an interest in, and 10
knowledge of, consumer health issues who are not, and have not 11
been-- 12
(i) registered under a health practitioner registration Act or an 13
earlier corresponding Act; or 14
(ii) registered or enrolled under the Nursing Act 1992 or an 15
earlier corresponding Act; or 16
(iii) registered or enrolled under a law applying, or that applied, 17
in another State or foreign country that provides, or 18
provided, for the same matter as a health practitioner 19
registration Act or the Nursing Act 1992 or a provision of the 20
Act; and 21
(c) 1 lawyer nominated by the Minister. 22
(3) Also, the Minister may nominate persons who do not belong to the 23
categories of persons mentioned in subsection (2) to be appointed members. 24
(4) A majority of the members must be registrant members. 25
(5) In this section-- 26
"earlier corresponding Act", in relation to a health practitioner registration 27
Act, means an earlier Act that provided for the same matter as the 28
health practitioner registration Act or a provision of the health 29
practitioner registration Act. 30
s 16 25 s 18
Medical Practitioners Registration
"earlier corresponding Act", in relation to the Nursing Act 1992, means 1
an earlier Act that provided for the same matter as the Nursing Act 2
1992 or a provision of the Nursing Act 1992. 3
registrant members 4
Appointed
16.(1) The appointed registrant members must consist of-- 5
(a) at least 2 registrants nominated by the bodies the Minister 6
considers represent the interests of registrants; and 7
(b) 1 registrant nominated by the governing bodies of educational 8
institutions, established in the State, chosen by the Minister. 9
(2) Also, the appointed registrant members may include registrants 10
nominated by the Minister. 11
members 12
Public
17. The public members must consist of-- 13
(a) at least 1 person nominated by community groups and other 14
entities the Minister considers have an interest in consumer health 15
issues; and 16
(b) at least 1 other person nominated by the Minister. 17
nominee board members 18
Certain
18.(1) This section applies for the nomination of a person or persons for 19
a position or positions on the board under section 16(1)(a) or (b) or 17(a). 20
(2) The Minister must give the entities who may make the nomination 21
notice stating a reasonable period within which they may nominate the 22
person or persons for the position or positions. 23
(3) The Minister may in the notice ask the entities to nominate more than 24
the required number of persons for the position or positions. 25
(4) Subject to subsections (5) and (6), if the entities nominate more than 26
the required number of persons for the position or positions-- 27
(a) the Minister must choose the nominee or nominees for the 28
position or positions from the nominations; and 29
s 19 26 s 19
Medical Practitioners Registration
(b) the person or persons chosen are taken to be the nominee or 1
nominees, under the relevant provision mentioned in 2
subsection (1), for the position or positions. 3
(5) Subsection (6) applies if-- 4
(a) the entities do not nominate a person or persons for the position 5
or positions within the period stated in the notice; or 6
(b) the entities nominate a number of persons for the position or 7
positions that is less than the number requested by the Minister 8
under subsection (3); or 9
(c) the person or any of the persons nominated by the entities are not 10
eligible to be appointed to the position or positions concerned. 11
(6) The Minister must nominate a person or persons eligible to be 12
appointed to the position or positions and the nomination or nominations are 13
taken to have been made by the entities. 14
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 15
nomination under subsection (6) may be of, or include, a person or persons 16
nominated by the entities. 17
and deputy chairperson of board 18
Chairperson
19.(1) The Governor in Council is to appoint a registrant member to be 19
the chairperson, and another registrant member to be the deputy 20
chairperson, of the board. 21
(2) A person may be appointed as the chairperson or deputy chairperson 22
at the same time the person is appointed as a member. 23
(3) The chairperson or deputy chairperson holds office for the term 24
decided by the Governor in Council, unless the person's term of office as a 25
member ends sooner than the person's term of office as chairperson or 26
deputy chairperson. 27
(4) A vacancy occurs in the office of chairperson or deputy chairperson if 28
the person holding the office resigns the office by signed notice of 29
resignation given to the Minister or ceases to be a registrant member. 30
(5) However, a person resigning the office of chairperson or deputy 31
chairperson may continue to be a member. 32
s 20 27 s 22
Medical Practitioners Registration
(6) The deputy chairperson is to act as chairperson-- 1
(a) during a vacancy in the office of chairperson; and 2
(b) during all periods when the chairperson is absent from duty or, 3
for another reason, can not perform the functions of the office. 4
of appointment 5
Term
20. An appointed member is to be appointed for a term of not more than 6
4 years. 7
from membership 8
Disqualification
21.(1) A person can not become, or continue as, an appointed member if 9
the person-- 10
(a) is affected by bankruptcy action; or 11
(b) is, or has been, convicted of an indictable offence; or 12
(c) is, or has been, convicted of an offence against this Act. 13
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 14
person-- 15
(a) is bankrupt; or 16
(b) has compounded with creditors; or 17
(c) has otherwise taken, or applied to take, advantage of any law 18
about bankruptcy. 19
of office 20
Vacation
22.(1) An appointed member is taken to have vacated office if the 21
member-- 22
(a) resigns his or her position on the board by signed notice of 23
resignation given to the Minister; or 24
(b) can not continue as a member under section 21; or 25
(c) is absent without the board's permission from 3 consecutive 26
meetings of the board of which due notice has been given. 27
s 23 28 s 24
Medical Practitioners Registration
(2) Also, an appointed member is taken to have vacated office in any of 1
the following circumstances-- 2
(a) if the member is an appointed registrant member--the member 3
stops being a registrant; 4
(b) if the member is a public member--the member stops being a 5
person mentioned in section 15(2)(b); 6
(c) if the member was nominated, for membership of the board, 7
under section 15(2)(c)--the member stops being a lawyer. 8
(3) In this section-- 9
"meeting" means the following-- 10
(a) if the member does not attend--a meeting with a quorum present; 11
(b) if the member attends--a meeting with or without a quorum 12
present. 13
notice of resignation takes effect 14
When
23. A notice of resignation under section 19(4) or 22(1)(a) takes effect 15
when the notice is given to the Minister or, if a later time is stated in the 16
notice, the later time. 17
of absence for an appointed member 18
Leave
24.(1) The Minister may approve a leave of absence for an appointed 19
member (the "approved absent member") of more than 3 months. 20
(2) The Minister may appoint another person to act in the office of the 21
approved absent member while the member is absent on the approved 22
leave. 23
(3) A person appointed under subsection (2) must belong to the same 24
category of persons mentioned in section 15(2) or (3) to which the approved 25
absent member belongs. 26
(4) If the approved absent member is the deputy chairperson, the 27
Minister may appoint another registrant member to act in the deputy 28
chairperson's office while the deputy chairperson is absent on the approved 29
leave. 30
s 25 29 s 29
Medical Practitioners Registration
of vacancy in membership of board 1
Effect
25.(1) Subsection (2) applies despite sections 15 to 17.1 2
(2) The performance of a function, or exercise of a power, by the board is 3
not affected merely because of a vacancy in the membership of the board. 4
of members 5
Remuneration
26. A member is entitled to be paid the fees and allowances decided by 6
the Governor in Council. 7
3--Board business 8
Division
onduct of business 9
C
27. Subject to this division, the board may conduct its business, including 10
its meetings, in the way it considers appropriate. 11
and places of meetings 12
Times
28.(1) Board meetings are to be held at the times and places the 13
chairperson decides. 14
(2) However, the chairperson must call a meeting if asked, in writing, to 15
do so by the Minister or at least the number of members forming a quorum 16
for the board. 17
uorum 18
Q
29. A quorum for the board is the number equal to one-half of the 19
number of its members or, if one-half is not a whole number, the next 20
highest whole number. 21
1 Sections 15 (Membership of board), 16 (Appointed registrant members) and
17 (Public members)
s 30 30 s 31
Medical Practitioners Registration
at meetings 1
Presiding
30.(1) The chairperson is to preside at all meetings of the board at which 2
the chairperson is present. 3
(2) If the chairperson is absent from a board meeting, but the deputy 4
chairperson is present, the deputy chairperson is to preside. 5
(3) If the chairperson and deputy chairperson are both absent from a 6
board meeting or the offices are vacant, a registrant member chosen by the 7
members present is to preside. 8
of meetings 9
Conduct
31.(1) A question at a board meeting is decided by a majority of the votes 10
of the members present. 11
(2) Each member present at the meeting has a vote on each question to be 12
decided and, if the votes are equal, the member presiding also has a casting 13
vote. 14
(3) A member present at the meeting who abstains from voting is taken 15
to have voted for the negative. 16
(4) The board may hold meetings, or allow members to take part in its 17
meetings, by using any technology allowing reasonably contemporaneous 18
and continuous communication between members taking part in the 19
meeting. 20
21
Example of `technology allowing reasonably contemporaneous and continuous
22
communication'--
23
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 24
taken to be present at the meeting. 25
(6) A resolution is validly made by the board, even if it is not passed at a 26
board meeting, if-- 27
(a) a majority of the board members gives written agreement to the 28
resolution; and 29
(b) notice of the resolution is given under procedures approved by the 30
board. 31
s 32 31 s 33
Medical Practitioners Registration
inutes 1
M
32.(1) The board must keep-- 2
(a) minutes of its meetings; and 3
(b) a record of any resolutions made under section 31(6). 4
(2) Subsection (3) applies if a resolution is passed at a board meeting by 5
a majority of the members present. 6
(3) If asked by a member who voted against the passing of the 7
resolution, the board must record in the minutes of the meeting that the 8
member voted against the resolution. 9
4--Board committees 10
Division
11
Committees
33.(1) The board may establish committees of the board for effectively 12
and efficiently performing its functions. 13
(2) A committee may include a person who is not a member of the 14
board. 15
(3) The board is to decide the terms of reference of a committee. 16
(4) The functions of a committee are to-- 17
(a) advise and make recommendations to the board about matters, 18
within the scope of the board's functions, referred by the board to 19
the committee; and 20
(b) exercise powers delegated to it by the board.2 21
(5) A committee must keep a record of the decisions it makes when 22
exercising a power delegated to it by the board. 23
(6) The board may decide matters about a committee that are not 24
provided for under this Act, including, for example, the way a committee 25
must conduct meetings. 26
2 See section 14 for the board's power of delegation.
s 34 32 s 35
Medical Practitioners Registration
of committee members 1
Remuneration
34. A committee member is entitled to be paid the fees and allowances 2
decided by the Governor in Council. 3
Division 5--Disclosure of interests by board members and committee 4
members 5
of interests 6
Disclosure
35.(1) This section applies to a board or committee member (the 7
"interested person") if-- 8
(a) the interested person has a direct or indirect interest in an issue 9
being considered, or about to be considered, by the board or 10
committee; and 11
(b) the interest could conflict with the proper performance of the 12
person's duties about the consideration of the issue. 13
(2) As soon as practicable after the relevant facts come to the interested 14
person's knowledge, the person must disclose the nature of the interest to a 15
board or committee meeting. 16
(3) Unless the board or committee otherwise directs, the interested 17
person must not-- 18
(a) be present when the board or committee considers the issue; or 19
(b) take part in a decision of the board or committee about the issue. 20
(4) The interested person must not be present when the board or 21
committee is considering whether to give a direction under subsection (3). 22
(5) If there is another person who must, under subsection (2), also 23
disclose an interest in the issue, the other person must not-- 24
(a) be present when the board or committee is considering whether to 25
give a direction under subsection (3) about the interested person; 26
or 27
(b) take part in making the decision about giving the direction. 28
s 36 33 s 36
Medical Practitioners Registration
(6) If-- 1
(a) because of this section, a board or committee member is not 2
present at a board or committee meeting for considering or 3
deciding an issue, or for considering or deciding whether to give a 4
direction under subsection (3); and 5
(b) there would be a quorum if the member were present; 6
the remaining persons present are a quorum of the board or committee for 7
considering or deciding the issue, or for considering or deciding whether to 8
give the direction, at the meeting. 9
(7) A disclosure under subsection (2) must be recorded in the board's or 10
committee's minutes. 11
(8) If the interested person is a registrant member, the person does not 12
have a direct or indirect interest in an issue if the interest arises merely 13
because the person is a registrant. 14
Division 6--Directions by Minister 15
power to give directions in the public interest 16
Minister's
36.(1) The Minister may give the board a written direction about a matter 17
relevant to the performance of its functions under this Act if the Minister is 18
satisfied it is necessary to give the direction in the public interest. 19
(2) Without limiting subsection (1), the direction may be to-- 20
(a) give reports and information; or 21
(b) apply to the board a policy, standard or other instrument applying 22
to a public sector unit. 23
(3) The direction can not be about-- 24
(a) the registering of, or refusal to register, an applicant for 25
registration; or 26
(b) the renewing of, or refusal to renew, a renewable registration; or 27
(c) the restoring of, or refusal to restore, a renewable registration; or 28
(d) the cancelling of a registration; or 29
s 37 34 s 37
Medical Practitioners Registration
(e) the imposing, or removal, of conditions on a registration. 1
(4) Despite section 12,3 the board must comply with the direction. 2
Division 7--Annual reports 3
to be included in annual report 4
Matters
37.(1) The board's annual report under the Financial Administration and 5
Audit Act 1977 for a financial year must include the following-- 6
(a) copies of all ministerial directions given to the board under 7
section 36 during the financial year; 8
(b) the number of registrants at the end of the financial year; 9
(c) details of the amount of the board's funds spent, in the financial 10
year, on investigations and inspections under part 6;4 11
(d) details of the amount of the board's funds spent, in the financial 12
year, on developing or adopting training programs in the practice 13
of the profession that are relevant to a person's eligibility for 14
registration; 15
(e) details of the amount of the board's funds spent in the financial 16
year on research, relevant to the legislative scheme, into the 17
regulation of the profession; 18
(f) details of the amount of the board's funds spent, in the financial 19
year, on accrediting intern training programs and intern training 20
secondment programs; 21
(g) details of any policies or programs developed, or initiatives taken, 22
by the board in the financial year for the general benefit of users 23
of registrants' services. 24
(2) However, the board must exclude from the copies mentioned in 25
subsection (1)(a) all information likely to identify a person mentioned in the 26
direction. 27
3 Section 12 (Board's independence etc.)
4 Part 6 (Investigation and enforcement)
s 38 35 s 41
Medical Practitioners Registration
Division 8--Other provisions about the board 1
is statutory body under the Financial Administration and 2
Board
Audit Act 1977 3
38. The board is a statutory body under the Financial Administration and 4
Audit Act 1977. 5
is statutory body under the Statutory Bodies Financial 6
Board
Arrangements Act 1982 7
39.(1) The board is a statutory body under the Statutory Bodies Financial 8
Arrangements Act 1982. 9
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 sets 10
out the way in which the board's powers under this Act are affected by the 11
Statutory Bodies Financial Arrangements Act 1982. 12
common seal 13
Board's
40. The board's common seal is to be kept in the custody of a person 14
nominated by the board and may be used only as authorised by the board. 15
PART 3--REGISTRATION 16
Division 1--Preliminary 17
may apply for registration 18
Who
41. Only an individual may apply for registration. 19
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 42 36 s 43
Medical Practitioners Registration
2--Applications for general registration 1
Division
Subdivision 1--Applications 2
requirements for applications 3
Procedural
42.(1) An application for general registration must-- 4
(a) be made to the board; and 5
(b) be in the approved form; and 6
(c) be accompanied by-- 7
(i) satisfactory evidence of relevant qualifications; and 8
(ii) the application fee prescribed under a regulation (the 9
"application fee"); and 10
(iii) the registration fee prescribed under a regulation (the 11
"registration fee"); and 12
(iv) any other documents, identified in the approved form, the 13
board reasonably requires; and 14
(v) if the applicant is registered under a corresponding law, 15
written details of any conditions of the registration. 16
(2) Information in the application must, if the approved form requires, be 17
verified by a statutory declaration. 18
2--Eligibility for general registration 19
Subdivision
20
Eligibility
43.(1) An applicant for general registration is eligible for general 21
registration if-- 22
(a) the applicant is qualified for general registration under section 44; 23
and 24
(b) the applicant is fit to practise the profession. 25
(2) Without limiting subsection (1), the board may be satisfied the 26
s 44 37 s 45
Medical Practitioners Registration
applicant is eligible for general registration by imposing conditions on the 1
registration under section 59.6 2
(3) Also, sections 57 and 587 state when a registrant's general registration 3
must be subject to probationary conditions. 4
applicant is qualified for general registration 5
When
44. An applicant for general registration is qualified for general 6
registration if-- 7
(a) the applicant has successfully completed a medical course 8
accredited by the Australian Medical Council; or 9
(b) the applicant has passed the examination set by the Australian 10
Medical Council for the purpose of qualifying persons for general 11
registration. 12
to practise the profession 13
Fitness
45.(1) In deciding whether an applicant for general registration is fit to 14
practise the profession, the board may have regard to the following-- 15
(a) the applicant's mental and physical health; 16
(b) the applicant's command of the English language; 17
(c) whether the applicant has been convicted of an indictable offence; 18
(d) whether the applicant has been convicted of an offence against the 19
repealed Act, this Act, the Health Practitioners (Professional 20
Standards) Act 1999 or a corresponding law; 21
(e) whether the applicant has been convicted of an offence, relating to 22
the practice of the profession, against a law applying, or that 23
applied, in the State, the Commonwealth, another State or a 24
foreign country (other than laws mentioned in paragraph (d)), 25
including, for example an offence of that type against-- 26
6 Section 59 (Imposition of other conditions by board)
7 Sections 57 (Imposition of internship conditions) and 58 (Imposition of
supervised practice program conditions)
s 45 38 s 45
Medical Practitioners Registration
(i) the Health Act 1937; or 1
(ii) the Fair Trading Act 1989; 2
(f) if the applicant has been registered under this Act or the repealed 3
Act or is, or has been, registered under a corresponding law and 4
the registration was affected-- 5
(i) by the imposition of a condition--the nature of the condition 6
and the reason for its imposition; or 7
(ii) by its suspension or cancellation--the reason for its 8
suspension or cancellation; or 9
(iii) in another way--the way it was affected and the reason for it 10
being affected; 11
(g) if the applicant has successfully completed a medical course 12
mentioned in section 44(a), or passed the examination mentioned 13
in section 44(b), on a day (the "qualification day") that is more 14
than 3 years before the date of application, the nature, extent and 15
period of any practice of the profession by the applicant since the 16
qualification day; 17
(h) any other issue relevant to the applicant's ability to competently 18
and safely practise the profession. 19
(2) The board may ask the commissioner of the police service for a 20
written report about an applicant's criminal history. 21
(3) If asked by the board, the commissioner of the police service must 22
give the board a written report about the criminal history of the applicant, 23
including the criminal history in the commissioner's possession or to which 24
the commissioner has access. 25
(4) In this section-- 26
"criminal history", of an applicant, means the applicant's criminal history 27
within the meaning of the Criminal Law (Rehabilitation of Offenders) 28
Act 1986. 29
s 46 39 s 46
Medical Practitioners Registration
3--Inquiries into applications 1
Subdivision
powers before deciding applications 2
Board's
46.(1) Before deciding the application, the board-- 3
(a) may investigate the applicant; and 4
(b) may, by notice given to the applicant, require the applicant to give 5
the board, within a reasonable time of at least 30 days stated in the 6
notice, further information or a document the board reasonably 7
requires to decide the application; and 8
(c) may, by notice given to the applicant, require the applicant to 9
undergo a written, oral or practical examination within a 10
reasonable time of at least 30 days stated in the notice, and at a 11
reasonable place; and 12
(d) may, by notice given to the applicant, require the applicant to 13
undergo a health assessment within a reasonable time of at least 14
30 days stated in the notice, and at a reasonable place. 15
(2) The board may require the information or document mentioned in 16
subsection (1)(b) to be verified by a statutory declaration. 17
(3) The purpose of an examination under subsection (1)(c) must be to 18
assess the applicant's ability to competently and safely practise the 19
profession. 20
(4) The purpose of an assessment under subsection (1)(d) must be to 21
assess the applicant's mental and physical capacity to competently and 22
safely practise the profession. 23
(5) The applicant is taken to have withdrawn the application if, within the 24
stated time, the applicant-- 25
(a) does not comply with a requirement under subsection (1)(b); or 26
(b) does not undergo an examination under subsection (1)(c); or 27
(c) does not undergo an assessment under subsection (1)(d). 28
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 29
applicant within 60 days after the board receives the application. 30
(7) Also, a notice under subsection (1)(d) must state-- 31
s 47 40 s 48
Medical Practitioners Registration
(a) the reason for the assessment; and 1
(b) the name and qualifications of the person appointed by the board 2
to conduct the assessment; and 3
(c) the place where, and the day and time at which, the assessment is 4
to be conducted. 5
of appropriately qualified person to conduct health 6
Appointment
assessment 7
47.(1) This section applies if the board believes it is necessary for the 8
applicant to undergo a health assessment under section 46(1)(d). 9
(2) The board may appoint 1 or more appropriately qualified persons to 10
conduct the assessment, in whole or part. 11
(3) At least 1 of the persons appointed to conduct the assessment must be 12
a medical practitioner. 13
(4) Before appointing a person to conduct a health assessment, the board 14
must be satisfied the person does not have a personal or professional 15
connection with the applicant that may prejudice the way in which the 16
person conducts the assessment. 17
(5) In this section-- 18
"appropriately qualified", for a medical practitioner or other person 19
conducting a health assessment, includes having the qualifications, 20
experience, skills or knowledge appropriate to conduct the assessment. 21
about health assessment 22
Report
48.(1) A person appointed under section 47 to conduct all or part of a 23
health assessment of the applicant must prepare a report about the 24
assessment (an "assessment report"). 25
(2) The assessment report must include-- 26
(a) the person's findings as to the applicant's mental and physical 27
capacity to competently and safely practise the profession; and 28
(b) if the person finds the applicant does not have the mental and 29
physical capacity to practise the profession, the person's 30
s 49 41 s 49
Medical Practitioners Registration
recommendations as to any conditions that could be imposed on 1
the applicant's registration as a general registrant to overcome the 2
incapacity. 3
(3) The person must give the assessment report to the board. 4
of assessment report 5
Use
49.(1) An assessment report is not admissible in any proceedings, other 6
than stated proceedings. 7
(2) A person can not be compelled to produce the report, or to give 8
evidence relating to the report or its contents, in any proceedings, other than 9
stated proceedings. 10
(3) Subsections (1) and (2) do not apply if the report is admitted or 11
produced, or evidence relating to the report or its contents is given, with the 12
consent of the person who prepared the report and the person to whom the 13
report relates. 14
(4) In this section-- 15
"assessment report" includes a copy of the report, or a part of the report or 16
copy. 17
"proceedings under the Health Practitioners (Professional Standards) 18
Act 1999" includes a health assessment of a registrant by a health 19
assessment committee under that Act. 20
"stated proceedings" means-- 21
(a) a review of conditions under division 8;8 or 22
(b) an appeal started under part 7;9 or 23
(c) proceedings under the Health Practitioners (Professional 24
Standards) Act 1999, not including proceedings for an offence 25
against that Act. 26
8 Division 8 (Reviewing conditions of general registrations)
9 Part 7 (Appeals)
s 50 42 s 53
Medical Practitioners Registration
for health assessments and reports 1
Payment
50. A person who conducts a health assessment and prepares an 2
assessment report for the board is entitled to be paid for his or her work by 3
the board. 4
Subdivision 4--Decision on applications 5
6
Decision
51. The board must consider the application and decide to register, or 7
refuse to register, the applicant as a general registrant. 8
to be taken after application decided 9
Steps
52.(1) If the board decides to register the applicant as a general registrant, 10
it must as soon as practicable issue a certificate of general registration to the 11
applicant. 12
(2) If the board decides to refuse to register the applicant as a general 13
registrant, it must as soon as practicable give the applicant an information 14
notice about the decision. 15
to decide applications 16
Failure
53.(1) Subject to subsections (2) and (3), if the board fails to decide the 17
application within 60 days after its receipt, the failure is taken to be a 18
decision by the board to refuse to register the applicant as a general 19
registrant. 20
(2) Subsection (3) applies if the board has-- 21
(a) under section 46(1)(b), 10 required the applicant to give the board 22
further information or a document; or 23
(b) under section 46(1)(c), required the applicant to undergo an 24
examination; or 25
10 Section 46 (Board's powers before deciding applications)
s 54 43 s 54
Medical Practitioners Registration
(c) under section 46(1)(d), required the applicant to undergo a health 1
assessment. 2
(3) The board is taken to have decided to refuse to register the applicant 3
as a general registrant if it fails to decide the application by the latest of the 4
following days-- 5
(a) the day that is 60 days after the board receives the further 6
information or document; 7
(b) the day that is 60 days after the board receives the results of the 8
examination; 9
(c) the day that is 60 days after the board receives the assessment 10
report. 11
(4) This section does not apply if the applicant is registered as a 12
provisional general registrant.11 13
(5) This section is subject to section 54. 14
consideration of applications 15
Further
54.(1) This section applies if the board considers it needs further time to 16
make a decision on the application because of the complexity of the matters 17
that need to be considered in deciding the application. 18
19
Example of an application for general registration that may require the consideration of
20
complex matters--
21
An application requiring the board to obtain and consider information about the
22
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 23
notice to the applicant that-- 24
(a) because of the complexity of the matters that need to be 25
considered in deciding the application, the board needs further 26
time to decide the application; and 27
(b) the period within which the board must decide the application is 28
11 If the applicant is registered as a provisional general registrant, section 69 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 54 44 s 54
Medical Practitioners Registration
extended to a day (the "extended day") that is 60 days after the 1
final consideration day. 2
(3) Also, the applicant and board may at any time before the final 3
consideration day agree in writing on a day (the "agreed extended day") 4
by which the application is to be decided. 5
(4) The board is taken to have decided to refuse to register the applicant 6
as a general registrant if it does not decide the application by-- 7
(a) if subsection (2) applies--the extended day; or 8
(b) if subsection (3) applies--the agreed extended day; or 9
(c) if both subsections (2) and (3) apply--the later of the extended 10
day or agreed extended day. 11
(5) Subsection (4) does not apply if the applicant is registered as a 12
provisional general registrant.12 13
(6) In this section-- 14
"final consideration day" means the latest of the following days-- 15
(a) the day that is 60 days after receipt of the application; 16
(b) if the board has, under section 46(1)(b), required the applicant to 17
give the board further information or a document--the day that is 18
60 days after the board receives the further information or 19
document; 20
(c) if the board has, under section 46(1)(c), required the applicant to 21
undergo an examination--the day that is 60 days after the board 22
receives the results of the examination; 23
(d) if the board has, under section 46(1)(d), required the applicant to 24
undergo a health assessment--the day that is 60 days after the 25
board receives the assessment report. 26
12 If the applicant is registered as a provisional general registrant, section 69 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 55 45 s 57
Medical Practitioners Registration
Subdivision 5--Information in certificates of general registration 1
of certificates of general registration 2
Forms
55.(1) A certificate of general registration must be in the approved form. 3
(2) The approved form must provide for the inclusion of the following-- 4
(a) the registrant's name; 5
(b) the period of the registration; 6
(c) any conditions of registration, including, for example, 7
probationary conditions. 8
6--Period of general registration 9
Subdivision
10
Period
56.(1) The period of registration that is to apply to general registrants is 11
the period (the "general registration period"), not more than 3 years, 12
prescribed under a regulation. 13
(2) If the board decides to register an applicant for general registration as 14
a general registrant during a general registration period, the registration 15
remains in force for the period-- 16
(a) commencing on the day when the board makes the decision; and 17
(b) ending on the last day of the general registration period. 18
Subdivision 7--Conditions of general registration 19
of internship conditions 20
Imposition
57.(1) This section applies if-- 21
(a) the board decides to register an applicant for general registration 22
who has successfully completed a medical course stated in 23
section 44(a) as a general registrant; and 24
s 57 46 s 57
Medical Practitioners Registration
(b) the applicant has not started or, to the board's satisfaction, 1
completed-- 2
(i) the internship, for the profession, that is prescribed under a 3
regulation (the "prescribed internship"); or 4
(ii) an internship, for the profession, that is substantially 5
equivalent to the prescribed internship. 6
(2) In making its decision under subsection (1)(b)(ii), the board may 7
have regard to the following-- 8
(a) the duration of any internship undertaken by the applicant; and 9
(b) the nature and extent of the experience gained, and training 10
undertaken, during the internship. 11
(3) The board must impose the following conditions on the registration-- 12
(a) if the registrant has not started an internship for the profession-- 13
(i) that the registrant may practise the profession only in 14
accordance with the prescribed internship; and 15
(ii) that the registrant must complete the prescribed internship, to 16
the board's satisfaction, within the period prescribed under a 17
regulation; 18
(b) if the registrant has started an internship for the profession-- 19
(i) that the registrant may practise the profession only in 20
accordance with the part of the prescribed internship decided 21
by the board for the registrant; and 22
(ii) that the registrant must complete the part of the prescribed 23
internship, to the board's satisfaction, within the period 24
decided by the board. 25
(4) In deciding the part of the prescribed internship to be completed, and 26
the period within which it must be completed, the board may have regard to 27
the following-- 28
(a) the nature, extent and recency of the experience gained, and 29
training undertaken, in the practice of the profession by the 30
applicant during the partially completed internship; 31
s 58 47 s 58
Medical Practitioners Registration
(b) any reports from persons who have supervised the applicant in 1
the practice of the profession. 2
(5) The board must as soon as practicable give the applicant an 3
information notice about the internship conditions imposed under 4
subsection (3)(b). 5
of supervised practice program conditions 6
Imposition
58.(1) This section applies if-- 7
(a) the board decides to register an applicant for general registration 8
who has passed an examination stated in section 44(b) as a 9
general registrant; and 10
(b) the applicant does not, in the board's reasonable opinion, have 11
relevant practical experience in the profession. 12
(2) In deciding whether the applicant has relevant practical experience in 13
the profession, the board may have regard to the following-- 14
(a) the nature and extent of the applicant's practical experience in the 15
profession; 16
(b) advice and recommendations about the applicant from an entity 17
recognised by the board as competent to assess training in the 18
practice of the profession. 19
(3) The board must impose the following conditions on the registration-- 20
(a) that the registrant may practise the profession only in accordance 21
with a supervised practice program, approved by the board, for 22
the registrant; 23
(b) that the registrant must complete, to the board's satisfaction, the 24
program within the period, not more than 1 year, decided by the 25
board. 26
(4) In deciding the content of the program under subsection (3)(a), and 27
the period under subsection (3)(b), the board may have regard to the nature 28
and extent of the applicant's practical experience in the profession. 29
(5) The board must as soon as practicable give the applicant an 30
information notice about the board's decisions under subsection (1)(b) 31
and (3). 32
s 59 48 s 59
Medical Practitioners Registration
(6) In this section-- 1
"relevant practical experience", in the profession, means experience in the 2
profession that results in a level of knowledge of Australian health care 3
practices that is at least equivalent to the knowledge provided by 4
completing the prescribed internship. 5
of other conditions by board 6
Imposition
59.(1) In addition to any conditions imposed under section 57 or 58, the 7
board may decide to register an applicant for general registration as a general 8
registrant on conditions the board considers necessary or desirable for the 9
applicant to competently and safely practise the profession. 10
11
Example of conditions of general registration--
12
A condition prohibiting a general registrant engaging in stated procedures related
13
to the practice of the profession.
(2) If the board decides to register an applicant for general registration as 14
a general registrant on conditions, it must as soon as practicable-- 15
(a) also decide the review period applying to the conditions;13 and 16
(b) give the applicant an information notice about the decisions. 17
(3) If the board decides to register an applicant for general registration as 18
a general registrant on conditions because of the applicant's mental and 19
physical health, it must also decide whether details of the conditions must be 20
recorded in the register for the period for which the conditions are in force. 21
(4) The board must decide not to record details of the conditions 22
mentioned in subsection (3) in the register unless it reasonably believes it is 23
in the interests of users of the registrant's services or the public to know the 24
details. 25
13 The conditions may be reviewed under division 8 (Reviewing conditions of
general registrations).
s 60 49 s 62
Medical Practitioners Registration
of conditions 1
Contravention
60. A general registrant must not contravene a condition of the 2
registration, including, for example, probationary conditions, imposed under 3
this Act. 4
Maximum penalty--100 penalty units. 5
3--Provisional general registration 6
Division
of "authorised person" for div 3 7
Meaning
61.(1) In this division-- 8
"authorised person" means any of the following persons who are 9
authorised by the board to decide to register a person as a provisional 10
general registrant-- 11
(a) the executive officer; 12
(b) a member; 13
(c) a member of the office's staff. 14
(2) An authority mentioned in subsection (1) may be limited by reference 15
to specified conditions, exceptions or factors. 16
general registration of a person on internship conditions 17
Provisional
62.(1) This section applies if-- 18
(a) a person who has successfully completed a medical course stated 19
in section 44(a) applies for general registration; and 20
(b) the applicant has not started an internship for the profession. 21
(2) Subsection (3) applies if an authorised person reasonably considers-- 22
(a) the applicant is eligible for the registration without conditions 23
(other than internship conditions); and 24
(b) that because of the period before the board is likely to consider the 25
application in the ordinary course of its business, it is not 26
reasonable for the applicant to have to wait for the board to 27
consider the application. 28
s 63 50 s 63
Medical Practitioners Registration
(3) The authorised person may decide to register the applicant as a 1
provisional general registrant on the internship conditions mentioned in 2
section 57(3)(a). 3
(4) Subsection (5) applies if an authorised person or the board-- 4
(a) reasonably considers, subject to the applicant giving the board 5
further evidence of the applicant's relevant qualifications, the 6
applicant is eligible for the registration without conditions (other 7
than internship conditions); or 8
(b) reasonably considers-- 9
(i) the applicant would be eligible for the registration without 10
conditions (other than internship conditions), other than for 11
the fact that the relevant qualifications relied on by the 12
applicant have not been conferred on, or awarded to, the 13
applicant; and 14
(ii) the applicant is entitled to have the relevant qualifications 15
conferred on, or awarded to, him or her. 16
(5) The authorised person or board may decide to register the applicant as 17
a provisional general registrant on the internship conditions mentioned in 18
section 57(3)(a). 19
(6) If the authorised person or board decides to register the applicant as a 20
provisional general registrant, the authorised person or board must as soon 21
as practicable issue a certificate of provisional general registration to the 22
applicant. 23
(7) An authorised person or the board may not decide to register a person 24
as a provisional general registrant on conditions, other than the internship 25
conditions mentioned in section 57(3)(a). 26
or cancellation of provisional general registration 27
Confirmation
63.(1) If an authorised person decides to register an applicant for general 28
registration as a provisional general registrant, the authorised person must as 29
soon as practicable report to the board about the basis for the authorised 30
person's decision. 31
(2) The board must consider the report and decide whether to confirm or 32
cancel the provisional general registration. 33
s 64 51 s 66
Medical Practitioners Registration
(3) In making its decision, the board must consider whether the 1
authorised person should have decided to register the applicant as a 2
provisional general registrant. 3
(4) If the board decides to cancel the provisional general registration, it 4
must as soon as practicable give the applicant notice of its decision. 5
after cancellation of provisional general registration 6
Procedure
64.(1) This section applies if the board decides, under section 63, to 7
cancel a person's provisional general registration. 8
(2) The notice of cancellation must include the reason for the decision. 9
(3) The decision takes effect on the day the notice is given to the person. 10
(4) The person must return the certificate of provisional general 11
registration to the board within 14 days after receiving the notice, unless the 12
person has a reasonable excuse. 13
Maximum penalty--10 penalty units. 14
(5) Even though the board decides to cancel a person's provisional 15
general registration, it must still consider the person's application for general 16
registration. 17
of certificate of provisional general registration 18
Form
65.(1) A certificate of provisional general registration must be in the 19
approved form. 20
(2) The approved form must provide for the inclusion of the following-- 21
(a) the registrant's name; 22
(b) the period of the registration; 23
(c) the internship conditions imposed on the registration. 24
25
Period
66. The provisional general registration of a person remains in force for 26
the period, not more than 6 months, decided by the authorised person or 27
s 67 52 s 68
Medical Practitioners Registration
board when deciding to register the person as a provisional general 1
registrant. 2
decides to register provisional general registrant as a general 3
Board
registrant 4
67.(1) This section applies if-- 5
(a) a person is a provisional general registrant; and 6
(b) the board decides to register the person as a general registrant. 7
(2) The provisional general registration is cancelled when the person 8
receives a certificate of general registration under section 52(1).14 9
(3) The general registration-- 10
(a) is taken to have started from the day the person was registered as 11
a provisional general registrant; and 12
(b) is subject to the internship conditions to which the provisional 13
general registration was subject. 14
(4) The internship conditions are taken to have been imposed under 15
section 57(3)(a). 16
decides to refuse to register provisional general registrant as a 17
Board
general registrant 18
68.(1) This section applies if-- 19
(a) a person is a provisional general registrant; and 20
(b) the board decides to refuse to register the person as a general 21
registrant. 22
(2) The provisional general registration is cancelled when an information 23
notice about the decision is given to the person under section 52(2). 24
14 Section 52 (Steps to be taken after application decided)
s 69 53 s 70
Medical Practitioners Registration
(3) The person must return the certificate of provisional general 1
registration to the board within 14 days after receiving the information 2
notice, unless the person has a reasonable excuse. 3
Maximum penalty for subsection (3)--10 penalty units. 4
refusal by board to register provisional general registrant as a 5
Deemed
general registrant 6
69.(1) This section applies if-- 7
(a) a person is a provisional general registrant; and 8
(b) other than for section 53(4) or 54(5),15 the board would have been 9
taken to have decided to refuse to register the person as a general 10
registrant. 11
(2) The board is taken to have decided to refuse to register the person as a 12
general registrant on the expiry of the provisional general registration. 13
Division 4--Renewal of general registrations 14
1--Preliminary 15
Subdivision
of "recency of practice requirements" 16
Meaning
70.(1) "Recency of practice requirements" are requirements, 17
prescribed under a regulation, that if satisfied demonstrate that an applicant 18
for renewal of a general registration has maintained an adequate connection 19
with the profession. 20
(2) The requirements may include requirements about the following-- 21
(a) the nature, extent and period of practice of the profession by the 22
applicant; 23
(b) the nature and extent of any continuing professional education 24
undertaken by the applicant; 25
15 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 71 54 s 72
Medical Practitioners Registration
(c) the nature and extent of any research, study or teaching, relating to 1
the profession, undertaken by the applicant; 2
(d) the nature and extent of any administrative work, relating to the 3
profession, performed by the applicant. 4
Subdivision 2--Applications for renewal of general registrations 5
of imminent expiry of registration 6
Notification
71. The board must give a general registrant notice of the imminent 7
expiry of the registration at least 60 days before the expiry. 8
requirements for applications 9
Procedural
72.(1) A general registrant may apply to the board for the renewal of the 10
registration. 11
(2) The application must be made within the period-- 12
(a) starting-- 13
(i) 60 days before the expiry of the registration; or 14
(ii) on an earlier day, if any, stated in the notice given to the 15
registrant under section 71; and 16
(b) ending immediately before the expiry. 17
(3) The application must-- 18
(a) be in the approved form; and 19
(b) be accompanied by-- 20
(i) the registration fee; and 21
(ii) any documents, identified in the approved form, the board 22
reasonably requires to decide the application. 23
(4) Information in the application must, if the approved form requires, be 24
verified by a statutory declaration. 25
(5) The approved form must require the applicant to state the following-- 26
(a) whether the applicant suffers from any ongoing medical 27
s 73 55 s 73
Medical Practitioners Registration
condition, of which the applicant is aware, that the applicant 1
knows or ought reasonably to know adversely affects the 2
applicant's ability to competently and safely practise the 3
profession;16 4
(b) if there are recency of practice requirements relevant to the 5
applicant, details of the extent to which the applicant has satisfied 6
the requirements. 7
registration taken to be in force while application is 8
General
considered 9
73.(1) If an application is made under section 72, the applicant's general 10
registration is taken to continue in force from the day it would, apart from 11
this section, have expired until-- 12
(a) if the board decides to renew the applicant's general 13
registration--the day a new certificate of general registration is 14
issued to the applicant under section 77(1); or 15
(b) if the board decides to refuse to renew the applicant's general 16
registration--the day an information notice about the decision is 17
given to the applicant under section 77(2); or 18
(c) if the application is taken to have been withdrawn under 19
section 74(4)--the day it is taken to have been withdrawn. 20
(2) Subsection (1) does not apply if the registration is earlier cancelled 21
under this Act or suspended or cancelled under the Health Practitioners 22
(Professional Standards) Act 1999. 23
16 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 74 56 s 75
Medical Practitioners Registration
Subdivision 3--Decision on applications 1
into applications 2
Inquiries
74.(1) Before deciding the application, the board-- 3
(a) may investigate the applicant; and 4
(b) may, by notice given to the applicant, require the applicant to give 5
the board, within a reasonable time of at least 30 days stated in the 6
notice, further information or a document the board reasonably 7
requires to decide the application; and 8
(c) may, if the board is not satisfied the applicant has satisfied 9
recency of practice requirements, by notice given to the applicant, 10
require the applicant to undergo a written, oral or practical 11
examination within a reasonable time of at least 30 days stated in 12
the notice, and at a reasonable place. 13
(2) The board may require the information or document mentioned in 14
subsection (1)(b) to be verified by a statutory declaration. 15
(3) The purpose of an examination under subsection (1)(c) must be to 16
assess any effect the applicant's non-satisfaction of the requirements has on 17
the applicant's ability to competently and safely practise the profession. 18
(4) The applicant is taken to have withdrawn the application if, within the 19
stated time, the applicant-- 20
(a) does not comply with a requirement under subsection (1)(b); or 21
(b) does not undergo an examination under subsection (1)(c). 22
23
Decision
75.(1) The board must consider the application and decide to renew, or 24
refuse to renew, the applicant's general registration. 25
s 76 57 s 76
Medical Practitioners Registration
(2) In making its decision, the board must have regard only to the extent, 1
if any, to which the applicant has satisfied recency of practice 2
requirements.17 3
(3) If there are no recency of practice requirements relevant to the 4
applicant, the board must decide to renew the applicant's general 5
registration. 6
of practice requirements are not satisfied 7
Recency
76.(1) This section applies if the board is not satisfied the applicant has 8
satisfied recency of practice requirements. 9
(2) The board may decide to renew the applicant's general registration on 10
conditions ("recency of practice conditions") the board considers will 11
sufficiently address the extent to which the applicant has not satisfied the 12
requirements. 13
(3) Before deciding to renew the registration on recency of practice 14
conditions, the board must-- 15
(a) give notice to the applicant-- 16
(i) of the details of the proposed conditions; and 17
(ii) of the reason for the proposed imposition of the conditions; 18
and 19
(iii) that the applicant may make a written submission to the 20
board about the proposed conditions within a reasonable 21
time of at least 14 days stated in the notice; and 22
(b) have regard to any written submission made to the board by the 23
applicant before the stated day. 24
17 Under section 76(2), the board may decide to renew the registration on recency
of practice conditions if the board is not satisfied the applicant has satisfied
recency of practice requirements.
s 77 58 s 77
Medical Practitioners Registration
(4) If the board decides to renew the registration on recency of practice 1
conditions, it must as soon as practicable-- 2
(a) also decide the review period applying to the conditions;18 and 3
(b) give the applicant an information notice about the decisions. 4
(5) The imposition of the conditions takes effect on the later of the 5
following-- 6
(a) when the information notice is given to the applicant; 7
(b) immediately after the day the registration would have expired, 8
other than for its renewal. 9
to be taken after application decided 10
Steps
77.(1) If the board decides to renew the applicant's general registration, it 11
must as soon as practicable issue a new certificate of general registration to 12
the applicant. 13
(2) If the board decides to refuse to renew the applicant's general 14
registration, it must as soon as practicable give the applicant an information 15
notice about the decision. 16
(3) Without affecting section 76(2), if the board decides to renew the 17
applicant's general registration, the renewed general registration is subject to 18
the conditions, including, for example, probationary conditions, attaching to 19
the registration immediately before the decision takes effect.19 20
18 The conditions may be reviewed under division 8 (Reviewing conditions of
general registrations).
19 The conditions may include conditions imposed under the Health Practitioners
(Professional Standards) Act 1999.
s 78 59 s 80
Medical Practitioners Registration
5--Restoration of general registrations 1
Division
of div 4, sdivs 1 and 3 2
Application
78. For restoring a general registration, division 4, subdivisions 1 and 3, 3
other than sections 76(5) and 77(3),20 apply as if-- 4
(a) an application for renewal of a general registration were an 5
application for restoration of a general registration; and 6
(b) an applicant for renewal of a general registration were an applicant 7
for restoration of a general registration; and 8
(c) a renewal of a general registration were a restoration of a general 9
registration. 10
an application for restoration of a general registration may be 11
When
made 12
79. If a person's general registration has expired, the person may apply to 13
the board for restoration of the registration within 3 months after the expiry. 14
requirements for applications 15
Procedural
80.(1) The application must-- 16
(a) be in the approved form; and 17
(b) be accompanied by-- 18
(i) the restoration fee prescribed under a regulation (the 19
"restoration fee"); and 20
(ii) any documents, identified in the approved form, the board 21
reasonably requires to decide the application. 22
(2) Information in the application must, if the approved form requires, be 23
verified by a statutory declaration. 24
20 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and 3
(Decision on applications), sections 76 (Recency of practice requirements are
not satisfied) and 77 (Steps to be taken after application decided)
s 81 60 s 83
Medical Practitioners Registration
(3) The approved form must require the applicant to state the following-- 1
(a) whether the applicant suffers from any ongoing medical 2
condition, of which the applicant is aware, that the applicant 3
knows or ought reasonably to know adversely affects the 4
applicant's ability to competently and safely practise the 5
profession;21 6
(b) if there are recency of practice requirements relevant to the 7
applicant, details of the extent to which the applicant has satisfied 8
the requirements. 9
of restored registration 10
Period
81. If the board decides to restore the applicant's general registration 11
during a general registration period, the registration remains in force for the 12
period-- 13
(a) commencing on the day when the board makes the decision; and 14
(b) ending on the last day of the general registration period. 15
of expired registration 16
Conditions
82. Without affecting section 76(2), as applied by section 78, if the board 17
decides to restore the applicant's general registration, the registration is 18
subject to the conditions, including, for example, probationary conditions, 19
attaching to the registration immediately before its expiry. 20
recency of practice conditions take effect 21
When
83. If the board decides to restore the applicant's general registration on 22
recency of practice conditions, the imposition of the conditions takes effect 23
when the information notice about the decision is given by the board to the 24
applicant. 25
21 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 84 61 s 85
Medical Practitioners Registration
Division 6--Cancellation of general registrations 1
for cancellation 2
Grounds
84. A general registration may be cancelled, under this division, on any 3
of the following grounds-- 4
(a) that the registration happened because of a materially false or 5
misleading representation or declaration; 6
(b) for a registration on internship conditions mentioned in 7
section 57(3)(a)--that the registrant has not completed the 8
prescribed internship, to the board's satisfaction, within the period 9
stated in section 57(3)(a)(ii); 10
(c) for a registration on internship conditions mentioned in 11
section 57(3)(b)--that the registrant has not completed the 12
prescribed internship, to the board's satisfaction, within the period 13
decided by the board under section 57(3)(b)(ii); 14
(d) for a registration on supervised practice program conditions--that 15
the registrant has not completed, to the board's satisfaction, the 16
supervised practice program approved by the board for the 17
registrant within the period decided by the board under 18
section 58(3)(b); 19
(e) for a registration on probationary conditions extended under 20
section 94(1)(b)(ii)--that the registrant has not completed the 21
prescribed internship or supervised practice program, to the 22
board's satisfaction, within the extended period. 23
cause notice 24
Show
85.(1) If the board believes the ground exists to cancel a general 25
registration, the board must before taking action to cancel the registration 26
give the registrant a notice (a "show cause notice"). 27
(2) The show cause notice must-- 28
(a) state the board proposes to cancel the registration; and 29
(b) state the ground for the proposed cancellation; and 30
s 86 62 s 88
Medical Practitioners Registration
(c) outline the facts and circumstances forming the basis for the 1
ground; and 2
(d) invite the registrant to show within a stated period (the "show 3
cause period") why the registration should not be cancelled. 4
(3) The show cause period must be a period ending not less than 21 days 5
after the show cause notice is given to the registrant. 6
about show cause notices 7
Representations
86.(1) The registrant may make written representations about the show 8
cause notice to the board in the show cause period. 9
(2) The board must consider all written representations (the "accepted 10
representations") made under subsection (1). 11
show cause process without further action 12
Ending
87.(1) This section applies if, after considering the accepted 13
representations for the show cause notice, the board no longer believes the 14
ground exists to cancel the registration. 15
(2) The board must not take any further action about the show cause 16
notice. 17
(3) The board must also as soon as practicable after coming to the belief 18
give notice to the registrant that no further action is to be taken about the 19
show cause notice. 20
21
Cancellation
88.(1) This section applies if, after considering the accepted 22
representations for the show cause notice, the board-- 23
(a) still believes the ground exists to cancel the registration; and 24
(b) believes cancellation of the registration is warranted. 25
(2) This section also applies if there are no accepted representations for 26
the show cause notice. 27
(3) The board may decide to cancel the registration. 28
s 89 63 s 91
Medical Practitioners Registration
(4) If the board decides to cancel the registration, it must as soon as 1
practicable give the registrant an information notice about the decision. 2
(5) The decision takes effect on the day the information notice is given to 3
the registrant. 4
of cancelled certificate of general registration to board 5
Return
89.(1) This section applies if the board decides to cancel a general 6
registration and gives an information notice for the decision to the registrant. 7
(2) The registrant must return the certificate of general registration to the 8
board within 14 days after receiving the information notice, unless the 9
registrant has a reasonable excuse. 10
Maximum penalty for subsection (2)--10 penalty units. 11
Division 7--Reviewing probationary conditions on general registrations 12
of probationary conditions 13
Review
90. Probationary conditions may be reviewed under this division. 14
to give notice of completion of internship, or supervised 15
Registrant
practice program, to board 16
91.(1) A registrant whose registration is subject to internship conditions 17
must, within 7 days after completing the prescribed internship, or the part of 18
the prescribed internship, give notice of the completion to the board. 19
(2) A registrant whose registration is subject to supervised practice 20
program conditions must, within 7 days after completing the supervised 21
practice program approved by the board for the registrant, give notice of the 22
completion to the board. 23
(3) The notice must-- 24
(a) be in the approved form; and 25
(b) be accompanied by the fee prescribed under a regulation. 26
s 92 64 s 93
Medical Practitioners Registration
to give notice to internship nominee or supervisor 1
Board
92.(1) As soon as practicable after receiving a registrant's notice under 2
section 91(1), the board must give a notice to the internship nominee for the 3
program undertaken by the registrant. 4
(2) The notice must require the internship nominee to give an internship 5
report for the registrant to the board within 14 days after receiving the 6
notice. 7
(3) The internship nominee must comply with the notice, unless the 8
nominee has a reasonable excuse. 9
Maximum penalty--10 penalty units. 10
(4) As soon as practicable after receiving a registrant's notice under 11
section 91(2), the board must give a notice to the person (the "supervisor") 12
who was supervising the registrant at the time the registrant completed the 13
program. 14
(5) The notice must require the supervisor to give a supervised practice 15
program report for the registrant to the board within 14 days after receiving 16
the notice. 17
(6) The supervisor must comply with the notice, unless the supervisor 18
has a reasonable excuse. 19
Maximum penalty--10 penalty units. 20
(7) In this section-- 21
"internship nominee", for an intern training program or intern training 22
secondment program, means the person nominated in writing to the 23
board, as being the internship nominee for the program, by the holder 24
of the accreditation certificate for the program. 25
powers before making decision 26
Board's
93.(1) Before making its decision under section 94, the board-- 27
(a) may investigate the registrant; and 28
(b) may, by notice given to the registrant, require the registrant to give 29
the board, within a reasonable time of at least 30 days stated in the 30
notice, further information or a document the board reasonably 31
requires to make the decision; and 32
s 94 65 s 94
Medical Practitioners Registration
(c) may, by notice given to the registrant, require the registrant to 1
undergo a written, oral or practical examination within a 2
reasonable time of at least 30 days stated in the notice, and at a 3
reasonable place. 4
(2) The board may require the information or document mentioned in 5
subsection (1)(b) to be verified by a statutory declaration. 6
(3) The purpose of an examination under subsection (1)(c) must be to 7
assess the registrant's ability to competently and safely practise the 8
profession. 9
10
Decision
94.(1) After reviewing the internship report or supervised practice report 11
and any information or document about the registrant obtained under 12
section 93, the board must decide-- 13
(a) if the board is satisfied the registrant has satisfactorily completed 14
the internship or program--to remove the probationary 15
conditions; or 16
(b) otherwise-- 17
(i) to cancel the registrant's registration under division 6; or 18
(ii) to extend the probationary conditions for a period of not 19
more than 1 year, by requiring the registrant to undertake a 20
part of the internship or program, if the board considers the 21
registrant will satisfactorily complete the internship or 22
program during the period. 23
(2) Subsection (1)(b)(ii) applies despite section 57(3)(a)(ii) or (b)(ii). 24
(3) If the board does not receive the internship report or supervised 25
practice report within the time stated in section 92(2) or (5), the board must 26
make a decision mentioned in subsection (1) on the basis of any 27
information or document about the registrant obtained under section 93. 28
(4) If the board decides-- 29
(a) to extend the probationary conditions, it must as soon as 30
practicable give the registrant an information notice about the 31
decision; or 32
s 95 66 s 96
Medical Practitioners Registration
(b) to remove the probationary conditions, it must give the registrant 1
notice of the decision. 2
decision takes effect 3
When
95.(1) If the board decides to extend the probationary conditions, the 4
decision takes effect when an information notice about the decision is given 5
to the registrant under section 94(4)(a). 6
(2) If the board decides to remove the conditions, the removal takes effect 7
when notice of the decision is given to the registrant under section 94(4)(b) 8
and does not depend on the certificate of general registration being amended 9
to record the removal or a replacement certificate of general registration 10
being issued. 11
by board to make decision 12
Failure
96.(1) This section applies if the board fails to make a decision under 13
section 94-- 14
(a) within 60 days after receiving the internship report or supervised 15
practice report; or 16
(b) if the board does not receive the report, within 60 days after the 17
latest day on which the board should have received the report. 18
(2) Subject to subsections (3) and (4), the failure is taken to be a decision 19
by the board to remove the probationary conditions. 20
(3) Subsection (4) applies if the board has-- 21
(a) under section 93(1)(b), required the registrant to give the board 22
further information or a document; or 23
(b) under section 93(1)(c), required the registrant to undergo an 24
examination. 25
(4) The board is taken to have decided to remove the probationary 26
conditions if the board fails to make a decision under section 94 by the later 27
of the following days-- 28
(a) the day that is 60 days after the board receives the further 29
information or document; 30
s 97 67 s 97
Medical Practitioners Registration
(b) the day that is 60 days after the board receives the results of the 1
examination. 2
(5) The removal takes effect from the latest of the days mentioned in 3
subsection (1) or (4) by which the board should have made its decision and 4
does not depend on the certificate of general registration being amended to 5
record the removal or a replacement certificate of general registration being 6
issued. 7
or replacing certificates of general registration 8
Amending
97.(1) This section applies if-- 9
(a) a general registrant receives a notice under section 94(4)(b); or 10
(b) the board is taken, under section 96(2) or (4), to have decided to 11
remove probationary conditions from a general registrant's 12
general registration. 13
(2) The registrant must, unless the registrant has a reasonable excuse, 14
return the certificate of general registration to the board-- 15
(a) if the registrant receives a notice under section 94(4)(b)--within 16
14 days after receiving the notice; or 17
(b) if the board is taken, under section 96(2) or (4), to have decided to 18
remove the conditions--within 14 days after the day the registrant 19
actually becomes aware of the removal. 20
Maximum penalty--10 penalty units. 21
(3) On receiving the certificate, the board must-- 22
(a) amend the certificate in an appropriate way and return the 23
amended certificate to the registrant; or 24
(b) if the board does not consider it practicable to amend the 25
certificate, issue another certificate of general registration to the 26
registrant to replace the certificate returned to the board. 27
s 98 68 s 100
Medical Practitioners Registration
Division 8--Reviewing conditions of general registrations 1
1--Review of conditions imposed by the board or District 2
Subdivision
Court 3
of conditions 4
Review
98. Conditions, other than probationary conditions, imposed on a general 5
registration under this Act may be reviewed under this division. 6
registrant may start a review 7
How
99.(1) The registrant to whom the conditions relate may apply to the 8
board for a review of the conditions. 9
(2) However, the application must not be made-- 10
(a) during the review period applying to the conditions; or 11
(b) while an appeal to the District Court about the decision to impose 12
the conditions is pending. 13
(3) The application must-- 14
(a) be in the approved form; and 15
(b) be accompanied by the fee prescribed under a regulation. 16
(4) The approved form must require the registrant to state-- 17
(a) that the registrant believes the conditions are no longer 18
appropriate; and 19
(b) the reason for the registrant's belief. 20
(5) The board must consider the application and make a decision under 21
section 104. 22
of conditions during review period 23
Review
100.(1) This section applies if, during the review period applying to the 24
conditions, the board reasonably believes the conditions may no longer be 25
appropriate. 26
s 101 69 s 101
Medical Practitioners Registration
(2) The board may, with the written agreement of the registrant to whom 1
the conditions relate, review the conditions. 2
powers before making decision 3
Board's
101.(1) Before making its decision under section 104, the board-- 4
(a) may investigate the registrant; and 5
(b) may, by notice given to the registrant, require the registrant to give 6
the board, within a reasonable time of at least 30 days stated in the 7
notice, further information or a document the board reasonably 8
requires to make the decision; and 9
(c) may, by notice given to the registrant, require the registrant to 10
undergo a written, oral or practical examination within a 11
reasonable time of at least 30 days stated in the notice, and at a 12
reasonable place; and 13
(d) may, by notice given to the registrant, require the registrant to 14
undergo a health assessment within a reasonable time of at least 15
30 days stated in the notice, and at a reasonable place. 16
(2) The board may require the information or document mentioned in 17
subsection (1)(b) to be verified by a statutory declaration. 18
(3) Subject to section 104(2), the purpose of an examination under 19
subsection (1)(c) must be to assess the registrant's ability to competently 20
and safely practise the profession. 21
(4) Subject to section 104(2), the purpose of an assessment under 22
subsection (1)(d) must be to assess the registrant's mental and physical 23
capacity to competently and safely practise the profession. 24
(5) Also, a notice under subsection (1)(d) must state-- 25
(a) the reason for the assessment; and 26
(b) the name and qualifications of the person appointed by the board 27
to conduct the assessment; and 28
(c) the place where, and the day and time at which, the assessment is 29
to be conducted. 30
s 102 70 s 103
Medical Practitioners Registration
of ss 47-50 1
Application
102.(1) This section applies if the board believes it is necessary for the 2
registrant to undergo a health assessment under section 101(1)(d). 3
(2) Sections 47 to 5022 apply as if-- 4
(a) an applicant for general registration were the registrant; and 5
(b) the reference in section 47(1) to section 46(1)(d) were a reference 6
to section 101(1)(d). 7
withdrawal of application etc. 8
Deemed
103.(1) Subsections (2) and (3) apply if the conditions are being 9
reviewed because of an application made by the registrant under section 99. 10
(2) The registrant is taken to have withdrawn the application if, within the 11
stated time, the registrant-- 12
(a) does not comply with a requirement under section 101(1)(b); or 13
(b) does not undergo an examination under section 101(1)(c); or 14
(c) does not undergo an assessment under section 101(1)(d). 15
(3) A notice under section 101(1)(b), (c) or (d) must be given to the 16
registrant within 60 days after the board receives the application. 17
(4) Subsections (5) and (6) apply if the conditions are being reviewed 18
under section 100. 19
(5) The board is taken to have decided to confirm the conditions if, within 20
the stated time, the registrant-- 21
(a) does not comply with a requirement under section 101(1)(b); or 22
(b) does not undergo an examination under section 101(1)(c); or 23
(c) does not undergo an assessment under section 101(1)(d). 24
22 Sections 47 (Appointment of appropriately qualified person to conduct health
assessment), 48 (Report about health assessment), 49 (Use of assessment report)
and 50 (Payment for health assessments and reports)
s 104 71 s 105
Medical Practitioners Registration
(6) A notice under section 101(1)(b), (c) or (d) must be given to the 1
registrant within 60 days after the board agrees with the registrant to review 2
the conditions. 3
4
Decision
104.(1) After reviewing the conditions, the board must decide-- 5
(a) to confirm the conditions; or 6
(b) to remove the conditions; or 7
(c) to change the conditions. 8
(2) In making its decision, the board must consider whether the 9
conditions remain necessary or desirable for the registrant to competently 10
and safely practise the profession. 11
(3) If the board decides to confirm or change the conditions, the 12
conditions may only be confirmed or changed for the reasons the conditions 13
were initially imposed. 14
(4) If the board decides to confirm or change the conditions, it must as 15
soon as practicable-- 16
(a) also decide the review period applying to the confirmed or 17
changed conditions; and 18
(b) give the registrant an information notice about the decisions. 19
(5) If the board decides to remove the conditions, it must as soon as 20
practicable give the registrant notice of the decision. 21
decision takes effect 22
When
105.(1) If the board decides to confirm the conditions, the decision takes 23
effect when it is made. 24
(2) If the board decides to change the conditions, the change takes effect 25
when an information notice about the decision is given to the registrant 26
under section 104(4)(b) and does not depend on the certificate of general 27
registration being amended to record the change or a replacement certificate 28
of general registration being issued. 29
s 106 72 s 106
Medical Practitioners Registration
(3) If the board decides to remove the conditions, the removal takes effect 1
when notice of the decision is given to the registrant under section 104(5) 2
and does not depend on the certificate of general registration being amended 3
to record the removal or a replacement certificate of general registration 4
being issued. 5
by board to make decision on application 6
Failure
106.(1) Subject to subsections (2) and (3), if the board fails to decide an 7
application under section 9923 within 60 days after its receipt, the failure is 8
taken to be a decision by the board to remove the conditions. 9
(2) Subsection (3) applies if the board has-- 10
(a) under section 101(1)(b),24 required the applicant to give the board 11
further information or a document; or 12
(b) under section 101(1)(c), required the applicant to undergo an 13
examination; or 14
(c) under section 101(1)(d), required the applicant to undergo a health 15
assessment. 16
(3) The board is taken to have decided to remove the conditions if the 17
board fails to decide the application by the latest of the following days-- 18
(a) the day that is 60 days after the board receives the further 19
information or document; 20
(b) the day that is 60 days after the board receives the results of the 21
examination; 22
(c) the day that is 60 days after the board receives the assessment 23
report. 24
(4) The removal of the conditions under subsection (1) or (3) does not 25
depend on the certificate of general registration being amended to record the 26
removal or a replacement certificate of general registration being issued. 27
23 Section 99 (How registrant may start a review)
24 Section 101 (Board's powers before making decision)
s 107 73 s 108
Medical Practitioners Registration
by board to make decision on review agreed to under s 100 1
Failure
107.(1) Subject to subsections (2) and (3), if the board fails to make a 2
decision on a review agreed to under section 100 25 within 60 days after the 3
agreement, the failure is taken to be a decision by the board to remove the 4
conditions. 5
(2) Subsection (3) applies if the board has-- 6
(a) under section 101(1)(b), required the registrant to give the board 7
further information or a document; or 8
(b) under section 101(1)(c), required the registrant to undergo an 9
examination; or 10
(c) under section 101(1)(d), required the registrant to undergo a 11
health assessment. 12
(3) The board is taken to have decided to remove the conditions if the 13
board fails to make a decision on the review by the latest of the following 14
days-- 15
(a) the day that is 60 days after the board receives the further 16
information or document; 17
(b) the day that is 60 days after the board receives the results of the 18
examination; 19
(c) the day that is 60 days after the board receives the assessment 20
report. 21
(4) The removal of the conditions under subsection (1) or (3) does not 22
depend on the certificate of general registration being amended to record the 23
removal or a replacement certificate of general registration being issued. 24
decision required if certain conditions changed 25
Further
108.(1) This section applies if the conditions were imposed because of 26
the registrant's mental and physical health. 27
(2) If the board decides to change the conditions, it must also decide 28
whether details of the changed conditions must be recorded in the register 29
for the period for which the conditions are in force. 30
25 Section 100 (Review of conditions during review period)
s 109 74 s 109
Medical Practitioners Registration
(3) The board must decide not to record details of the changed conditions 1
in the register unless it reasonably believes it is in the interests of users of 2
the registrant's services or the public to know the details. 3
2--Recording change, or removal, of conditions 4
Subdivision
of, or replacing, certificates of general registration 5
Amendment
109.(1) This section applies if-- 6
(a) a general registrant receives an information notice, under 7
section 104(4)(b), about decisions relating to a change of the 8
conditions of the registration; or 9
(b) a general registrant receives a notice, under section 104(5), about a 10
decision to remove the conditions of the registration; or 11
(c) the board is taken, under section 106 or 107, to have decided to 12
remove the conditions of a general registration. 13
(2) The registrant must return the certificate of general registration to the 14
board-- 15
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 16
the notice, unless the registrant has a reasonable excuse; or 17
(b) if subsection (1)(c) applies--within 14 days after the day the 18
registrant actually becomes aware of the removal. 19
Maximum penalty--10 penalty units. 20
(3) On receiving the certificate, the board must-- 21
(a) amend the certificate in an appropriate way and return the 22
amended certificate to the registrant; or 23
(b) if the board does not consider it practicable to amend the 24
certificate, issue another certificate of general registration to the 25
registrant to replace the certificate returned to the board. 26
s 110 75 s 111
Medical Practitioners Registration
Division 9--Specialist registration 1
Subdivision 1--Applications 2
requirements for applications 3
Procedural
110.(1) An application for specialist registration must-- 4
(a) be made to the board; and 5
(b) be in the approved form; and 6
(c) be accompanied by-- 7
(i) satisfactory evidence of relevant qualifications; and 8
(ii) the application fee prescribed under a regulation (the 9
"specialist application fee"); and 10
(iii) the registration fee prescribed under a regulation (the 11
"specialist registration fee"); and 12
(iv) any other documents, identified in the approved form, the 13
board reasonably requires; and 14
(v) if the applicant is registered under a corresponding law, 15
written details of any conditions attaching to the registration. 16
(2) Information in the application must, if the approved form requires, be 17
verified by a statutory declaration. 18
Subdivision 2--Eligibility for specialist registration 19
20
Eligibility
111.(1) An applicant for specialist registration in a specialty is eligible for 21
specialist registration in the specialty if-- 22
(a) the applicant is a general registrant; and 23
(b) the applicant has-- 24
(i) an Australian or New Zealand qualification, in the specialty, 25
that is prescribed, for the specialty, under a regulation; or 26
s 111 76 s 111
Medical Practitioners Registration
(ii) a qualification, in the specialty, the board considers is 1
substantially equivalent to, or based on similar competencies 2
to that required for, a current qualification in the specialty. 3
(2) Also, an applicant for specialist registration who is not a general 4
registrant is eligible for specialist registration in a specialty if-- 5
(a) the applicant is fit to practise the specialty; and 6
(b) has a qualification in, and experience in the practice of, the 7
specialty the board considers are sufficient as a basis for specialist 8
registration in the specialty. 9
(3) Without limiting subsections (1) and (2), the board may be satisfied 10
the applicant is eligible for specialist registration in the specialty by 11
imposing conditions on the registration under section 121(1). 12
(4) For deciding under subsection (2)(a) whether the applicant is fit to 13
practise the specialty, section 4526 applies as if-- 14
(a) an applicant for general registration were an applicant for 15
specialist registration; and 16
(b) the profession were the specialty. 17
(5) In making its decision under subsection (1)(b)(ii) or (2)(b), the board 18
may have regard to the advice and recommendations of-- 19
(a) any relevant Australian specialist college or institution for the 20
specialty; and 21
(b) the Australian Medical Council. 22
(6) In this section-- 23
"current qualification", in a specialty, means a qualification in the 24
specialty mentioned in a regulation made under subsection (1)(b)(i), 25
that may be conferred or awarded as a result of the successful 26
completion of a course offered, at the date of the applicant's application 27
for specialist registration, by the educational institution mentioned in 28
relation to the qualification. 29
26 Section 45 (Fitness to practise the profession)
s 112 77 s 112
Medical Practitioners Registration
3--Inquiries into applications 1
Subdivision
powers before deciding applications 2
Board's
112.(1) Before deciding the application, the board-- 3
(a) may investigate the applicant; and 4
(b) may, by notice given to the applicant, require the applicant to give 5
the board, within a reasonable time of at least 30 days stated in the 6
notice, further information or a document the board reasonably 7
requires to decide the application; and 8
(c) may, by notice given to the applicant, require the applicant to 9
undergo a written, oral or practical examination within a 10
reasonable time of at least 30 days stated in the notice, and at a 11
reasonable place; and 12
(d) if the applicant is not a general registrant--may, by notice given to 13
the applicant, require the applicant to undergo a health assessment 14
within a reasonable time of at least 30 days stated in the notice, 15
and at a reasonable place. 16
(2) The board may require the information or document mentioned in 17
subsection (1)(b) to be verified by a statutory declaration. 18
(3) The purpose of an examination under subsection (1)(c) must be to 19
assess the applicant's ability to competently and safely practise the specialty 20
to which the application relates. 21
(4) The purpose of an assessment under subsection (1)(d) must be to 22
assess the applicant's mental and physical capacity to competently and 23
safely practise the specialty. 24
(5) The applicant is taken to have withdrawn the application if, within the 25
stated time, the applicant-- 26
(a) fails to comply with a requirement under subsection (1)(b); or 27
(b) fails to undergo an examination under subsection (1)(c); or 28
(c) does not undergo an assessment under subsection (1)(d). 29
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 30
applicant within 60 days after the board receives the application. 31
s 113 78 s 114
Medical Practitioners Registration
(7) Also, a notice under subsection (1)(d) must state-- 1
(a) the reason for the assessment; and 2
(b) the name and qualifications of the person appointed by the board 3
to conduct the assessment; and 4
(c) the place where, and the day and time at which, the assessment is 5
to be conducted. 6
of ss 47-50 7
Application
113.(1) This section applies if the board believes it is necessary for the 8
applicant to undergo a health assessment under section 112(1)(d). 9
(2) Sections 47 to 5027 apply as if-- 10
(a) an applicant for general registration were the applicant; and 11
(b) the profession were the specialty; and 12
(c) a general registrant were a specialist registrant in the specialty; and 13
(d) the reference in section 47(1) to section 46(1)(d)28 were a 14
reference to section 112(1)(d); and 15
(e) the reference in section 49(4), definition "stated proceedings" to 16
division 8 were a reference to division 8, as applied by 17
section 124. 18
Subdivision 4--Decision on applications 19
20
Decision
114. The board must consider the application and decide to register, or 21
refuse to register, the applicant as a specialist registrant in the specialty. 22
27 Sections 47 (Appointment of appropriately qualified person to conduct health
assessment), 48 (Report about health assessment), 49 (Use of assessment report)
and 50 (Payment for health assessments and reports)
28 Section 46 (Board's powers before deciding applications)
s 115 79 s 116
Medical Practitioners Registration
to be taken after application decided 1
Steps
115.(1) If the board decides to register the applicant as a specialist 2
registrant, it must as soon as practicable issue a certificate of specialist 3
registration to the applicant. 4
(2) If the board decides to refuse to register the applicant as a specialist 5
registrant, the board must as soon as practicable give the applicant an 6
information notice about the decision. 7
to decide applications 8
Failure
116.(1) Subject to subsections (2) and (3), if the board fails to decide the 9
application within 60 days after its receipt, the failure is taken to be a 10
decision by the board to refuse to register the applicant as a specialist 11
registrant. 12
(2) Subsection (3) applies if the board has-- 13
(a) under section 112(1)(b), required the applicant to give the board 14
further information or a document; or 15
(b) under section 112(1)(c), required the applicant to undergo an 16
examination; or 17
(c) under section 112(1)(d), required the applicant to undergo a health 18
assessment. 19
(3) The board is taken to have refused to register the applicant as a 20
specialist registrant if the board fails to decide the application by the latest of 21
the following days-- 22
(a) the day that is 60 days after the board receives the further 23
information or document; 24
(b) the day that is 60 days after the board receives the results of the 25
examination; 26
(c) the day that is 60 days after the board receives the assessment 27
report. 28
s 117 80 s 117
Medical Practitioners Registration
(4) This section does not apply if the applicant is registered as a 1
provisional specialist registrant.29 2
(5) This section is subject to section 117. 3
consideration of applications 4
Further
117.(1) This section applies if the board considers it needs further time to 5
make a decision on the application because of the complexity of the matters 6
that need to be considered in deciding the application. 7
8
Example of an application for specialist registration that may require the consideration
9
of complex matters--
10
An application requiring the board to obtain and consider information about the
11
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 12
notice to the applicant that-- 13
(a) because of the complexity of the matters that need to be 14
considered in deciding the application, the board needs further 15
time to decide the application; and 16
(b) the period within which the board must decide the application is 17
extended to a day (the "extended day") that is 60 days after the 18
final consideration day. 19
(3) Also, the applicant and board may at any time before the final 20
consideration day agree in writing on a day (the "agreed extended day") 21
by which the application is to be decided. 22
(4) The board is taken to have refused to register the applicant as a 23
specialist registrant if the board does not decide the application by-- 24
(a) if subsection (2) applies--the extended day; or 25
(b) if subsection (3) applies--the agreed extended day; or 26
(c) if both subsections (2) and (3) apply--the later of the extended 27
day or agreed extended day. 28
29 If the applicant is registered as a provisional specialist registrant, section 69, as
applied by section 124(1)(a), states when the board is taken to have decided to
refuse to register the applicant as a specialist registrant.
s 118 81 s 118
Medical Practitioners Registration
(5) Subsection (4) does not apply if the applicant is registered as a 1
provisional specialist registrant.30 2
(6) In this section-- 3
"final consideration day" means the latest of the following days-- 4
(a) the day that is 60 days after receipt of the application; 5
(b) if the board has, under section 112(1)(b), required the applicant to 6
give the board further information or a document, the day that is 7
60 days after the board receives the further information or 8
document; 9
(c) if the board has, under section 112(1)(c), required the applicant to 10
undergo an examination, the day that is 60 days after the board 11
receives the results of the examination; 12
(d) if the board has, under section 112(1)(d), required the applicant to 13
undergo a health assessment, the day that is 60 days after the 14
board receives the assessment report. 15
5--Information in certificates of specialist registration 16
Subdivision
of certificates of specialist registration 17
Form
118.(1) A certificate of specialist registration must be in the approved 18
form. 19
(2) The approved form must provide for the inclusion of the following-- 20
(a) the registrant's name; 21
(b) the specialty to which the registration relates; 22
(c) the period of the registration; 23
(d) any conditions of registration. 24
30 If the applicant is registered as a provisional specialist registrant, section 69, as
applied by section 124(1)(a), states when the board is taken to have decided to
refuse to register the applicant as a specialist registrant.
s 119 82 s 120
Medical Practitioners Registration
Subdivision 6--Period of specialist registration 1
2
Period
119.(1) The period of registration that is to apply to specialist registrants 3
is the period (the "specialist registration period"), not more than 3 years, 4
prescribed under a regulation. 5
(2) If the board decides to register an applicant as a specialist registrant 6
during a specialist registration period, the registration remains in force for 7
the period-- 8
(a) commencing on the day when the board made the decision; and 9
(b) ending on the last day of the specialist registration period. 10
7--Conditions of specialist registration 11
Subdivision
attaching to general registration applicable to specialist 12
Conditions
registration 13
120.(1) This section applies if-- 14
(a) the board decides to register a general registrant as a specialist 15
registrant; and 16
(b) the registrant's general registration is, immediately before the 17
decision takes effect, subject to conditions. 18
(2) The person's specialist registration is subject to the conditions, other 19
than any recency of practice conditions, attaching to the general registration. 20
(3) Subsection (2) does not limit the board's power to impose conditions 21
under section 121 on the registrant's specialist registration. 22
(4) Conditions attaching under subsection (2) to a specialist registration 23
may not be reviewed under division 8, as applied by section 124.31 24
31 See section 128 (Effect on specialist registration if conditions on general
registration are changed or removed).
s 121 83 s 123
Medical Practitioners Registration
of conditions by board 1
Imposition
121.(1) The board may register an applicant as a specialist registrant in a 2
specialty on conditions the board considers necessary or desirable for the 3
applicant to competently and safely practise the specialty. 4
(2) If the board decides to register an applicant as a specialist registrant on 5
conditions, it must as soon as practicable-- 6
(a) also decide the review period applying to the conditions;32 and 7
(b) give the applicant an information notice about the decisions. 8
(3) If the board decides to register an applicant who is not a general 9
registrant on conditions because of the registrant's mental and physical 10
health, it must also decide whether details of the conditions must be 11
recorded in the register for the period for which the conditions are in force. 12
(4) The board must decide not to record details of the conditions 13
mentioned in subsection (3) in the register unless it reasonably believes it is 14
in the interests of users of the registrant's services or the public to know the 15
details. 16
of conditions 17
Contravention
122. A specialist registrant must not contravene a condition of the 18
registration imposed under this Act. 19
Maximum penalty--100 penalty units. 20
condition of specialist registration of certain persons 21
Standard
123.(1) This section applies to a person who is a specialist registrant, but 22
is not also a general registrant. 23
(2) The registration is subject to the condition that the registrant must not 24
practise the profession other than in the specialty to which the registration 25
relates. 26
32 The conditions may be reviewed under division 8 (Reviewing conditions of
general registrations) as applied by section 124 (Application of certain provisions
to provisional specialist registration and specialist registration)
s 124 84 s 124
Medical Practitioners Registration
8--Application of certain provisions 1
Subdivision
of certain provisions to provisional specialist registration 2
Application
and specialist registration 3
124.(1) The following provisions (the "stated provisions") apply to 4
provisional specialist registration and specialist registration as if it were 5
provisional general registration and general registration-- 6
(a) division 3 other than sections 62 and 65(2)(c); 7
(b) division 4 (Renewal of general registrations); 8
(c) division 5 (Restoration of general registrations); 9
(d) division 6 (Cancellation of general registrations); 10
(e) division 8 (Reviewing conditions of general registrations). 11
(2) However, for the specialist registration of a person who is also a 12
general registrant, the following provisions of division 8 do not apply to the 13
registration-- 14
(a) the provisions to the extent to which they relate to health 15
assessments; and 16
(b) section 108.33 17
(3) For subsection (1), the stated provisions apply as if-- 18
(a) an applicant for general registration were an applicant for 19
specialist registration; and 20
(b) an application for general registration were an application for 21
specialist registration; and 22
(c) general registration were specialist registration; and 23
(d) provisional general registration were provisional specialist 24
registration; and 25
(e) a certificate of provisional general registration were a certificate of 26
provisional specialist registration; and 27
33 Section 108 (Further decision required if certain conditions changed)
s 125 85 s 125
Medical Practitioners Registration
(f) a provisional general registrant were a provisional specialist 1
registrant; and 2
(g) a certificate of general registration were a certificate of specialist 3
registration; and 4
(h) a general registrant were a specialist registrant; and 5
(i) the profession were the specialty to which the specialist 6
registration relates; and 7
(j) the registration fee were the specialist registration fee; and 8
(k) the restoration fee were the specialist restoration fee; and 9
(l) a general registration period were a specialist registration period; 10
and 11
(m) an applicant for renewal of general registration were an applicant 12
for renewal of specialist registration; and 13
(n) an application for renewal of general registration were an 14
application for renewal of specialist registration; and 15
(o) an applicant for restoration of general registration were an 16
applicant for restoration of specialist registration; and 17
(p) an application for restoration of general registration were an 18
application for restoration of specialist registration. 19
(4) The approved form for a certificate of provisional specialist 20
registration must also provide for the inclusion of the specialty to which the 21
registration relates. 22
specialist registration of a person 23
Provisional
125.(1) Subsection (2) applies if an authorised person reasonably 24
considers-- 25
(a) an applicant for specialist registration is eligible for specialist 26
registration in a specialty without conditions; and 27
(b) because of the period before the board is likely to consider the 28
application in the ordinary course of its business, it is not 29
reasonable for the applicant to have to wait for the board to 30
consider the application. 31
s 125 86 s 125
Medical Practitioners Registration
(2) The authorised person may decide to register the applicant as a 1
provisional specialist registrant in the specialty. 2
(3) Subsection (4) applies if an authorised person or the board-- 3
(a) reasonably considers, subject to an applicant for specialist 4
registration giving the board further evidence of the applicant's 5
relevant qualification in the specialty, the applicant is eligible for 6
the specialist registration without conditions; or 7
(b) reasonably considers-- 8
(i) an applicant for specialist registration would be eligible for 9
the specialist registration without conditions, other than for 10
the fact that the relevant qualification in the specialty relied on 11
by the applicant has not been conferred on, or awarded to, 12
the applicant; and 13
(ii) the applicant is entitled to have the relevant qualification 14
conferred on, or awarded to, him or her. 15
(4) The authorised person or board may decide to register the applicant as 16
a provisional specialist registrant in the specialty. 17
(5) If the authorised person or board decides to register the applicant as a 18
provisional specialist registrant, the authorised person or board must as 19
soon as practicable issue a certificate of provisional specialist registration to 20
the applicant. 21
(6) An authorised person or the board may not decide to register a person 22
as a provisional specialist registrant on conditions. 23
(7) In this section-- 24
"authorised person" has the meaning given by section 61, as applied by 25
section 124(1)(a). 26
s 126 87 s 127
Medical Practitioners Registration
Subdivision 9--Miscellaneous 1
information to be included in show cause notice 2
Additional
126.(1) This section applies if-- 3
(a) a person is a general registrant and specialist registrant or a 4
general registrant and provisional specialist registrant; and 5
(b) the board gives the registrant a show cause notice in relation to the 6
registrant's general registration. 7
(2) In addition to the matters mentioned in section 85(2), the show cause 8
notice must state that if the general registration is cancelled, the specialist 9
registration or provisional specialist registration ends under section 127. 10
on specialist registration if general registration ceases to have 11
Effect
effect 12
127.(1) This section applies to a person who is a general registrant and 13
specialist registrant or a general registrant and provisional specialist 14
registrant. 15
(2) If the registrant's general registration ends under this Act, the 16
registrant's specialist registration or provisional specialist registration ends 17
on the same day (the "effective day") as the day the general registration 18
ends. 19
(3) Subsection (2) applies despite section 73,34 as applied by 20
section 124(1)(b). 21
(4) If the registrant's general registration is cancelled by the board, the 22
information notice given to the registrant about the decision to cancel the 23
general registration must also include a direction to the registrant to return 24
the certificate of specialist registration or certificate of provisional specialist 25
registration within 14 days after the effective day. 26
(5) The person must return the certificate of specialist registration or 27
certificate of provisional specialist registration to the board within 14 days 28
34 Section 73 (General registration taken to be in force while application is
considered)
s 128 88 s 128
Medical Practitioners Registration
after the effective day, unless the person has a reasonable excuse. 1
Maximum penalty for subsection (5)--10 penalty units. 2
on specialist registration if conditions on general registration are 3
Effect
changed or removed 4
128.(1) This section applies if-- 5
(a) a person is a general registrant and specialist registrant; and 6
(b) the general registration is subject to conditions.35 7
(2) If the conditions are changed under this Act, the conditions are taken 8
to be changed in the same way on the registrant's specialist registration. 9
(3) If the conditions are removed under this Act, the conditions are taken 10
to be removed from the registrant's specialist registration. 11
(4) The change to, or removal of, the conditions on the specialist 12
registration takes effect on the same day (the "effective day") as the day the 13
board's decision to change or remove the conditions on the general 14
registration takes effect. 15
(5) The information notice given to the registrant about the decision to 16
change or remove the conditions on the registrant's general registration 17
must also include a direction to the registrant to return the certificate of 18
specialist registration within 14 days after the effective day. 19
(6) The registrant must return the certificate of specialist registration to 20
the board within 14 days after the effective day, unless the registrant has a 21
reasonable excuse. 22
Maximum penalty--10 penalty units. 23
(7) On receiving the certificate, the board must-- 24
(a) amend the certificate in an appropriate way and return the 25
amended certificate to the registrant; or 26
(b) if the board does not consider it practicable to amend the 27
35 Under section 120(2), if a person is a general registrant and a specialist
registrant, the person's specialist registration is subject to the conditions
attaching to the person's general registration immediately before the person is
registered as a specialist registrant.
s 129 89 s 130
Medical Practitioners Registration
certificate, issue another certificate of specialist registration to the 1
registrant to replace the certificate returned to the board. 2
(8) In this section-- 3
"conditions" means conditions other than recency of practice conditions. 4
of specialist registration 5
Restoration
129.(1) This section applies if-- 6
(a) a person is registered as a general registrant and a specialist 7
registrant; and 8
(b) the person's specialist registration expires; and 9
(c) the person applies, under section 79, as applied by 10
section 124(1)(c), for the restoration of the person's specialist 11
registration. 12
(2) The board must decide not to restore the person's specialist 13
registration if the person is not a general registrant. 14
(3) Section 75, as applied under section 124(1)(c), is subject to this 15
section. 16
about recording details of certain conditions in register 17
Decision
130.(1) This section applies if-- 18
(a) a person is a general registrant and specialist registrant; and 19
(b) either of the following applies-- 20
(i) conditions ("health conditions") are imposed under this 21
Act on the person's general registration because of the 22
person's mental or physical health; 23
(ii) the health conditions (the "changed health conditions") are 24
changed under this Act. 25
(2) The decision made, under this Act, about recording details of the 26
health conditions or changed health conditions in the register applies in the 27
same way to the same conditions attaching to the person's specialist 28
registration. 29
s 131 90 s 133
Medical Practitioners Registration
10--Special purpose registrations 1
Division
Subdivision 1--Eligibility for special purpose registration 2
3
Eligibility
131.(1) A person may obtain special purpose registration to undertake an 4
activity for a purpose (a "special purpose") mentioned in sections 132 5
to 138. 6
(2) A person is eligible for special purpose registration for a special 7
purpose if the person-- 8
(a) is fit to practise the profession; and 9
(b) is qualified for registration under this subdivision. 10
study or training 11
Postgraduate
132.(1) The purpose of registration under this section is to enable a 12
person to undertake postgraduate study or training, in medicine, approved 13
by the board. 14
(2) A person is qualified for special purpose registration to undertake 15
postgraduate study or training in medicine if the person has a medical 16
qualification but is not qualified for general registration under section 44. 17
(3) In deciding whether to approve the study or training and register a 18
person as a special purpose registrant under this section, the board may have 19
regard to-- 20
(a) the nature, content and duration of the study or training; and 21
(b) the relevance of the person's existing qualifications and 22
experience to the study or training. 23
training to prepare for clinical examination 24
Supervised
133.(1) The purpose of registration under this section is to enable a 25
person to undertake supervised training, approved by the board, to prepare 26
for the clinical examination in the practice of the profession conducted by 27
the Australian Medical Council. 28
s 134 91 s 135
Medical Practitioners Registration
(2) A person is qualified for special purpose registration to undertake 1
supervised training if the person has been accepted by the council as a 2
candidate for the examination. 3
(3) In deciding whether to approve the training and register a person as a 4
special purpose registrant under this section, the board may have regard 5
to-- 6
(a) the nature, content and duration of the training; and 7
(b) the nature of the supervision of the training. 8
teaching or research 9
Medical
134.(1) The purpose of registration under this section is to enable a 10
person to engage in medical teaching or research. 11
(2) A person is qualified for special purpose registration to engage in 12
medical teaching or research if the person has a medical qualification and 13
experience the board considers suitable for the teaching or research. 14
in area of need 15
Practice
135.(1) The purpose of registration under this section is to enable a 16
person to practise the profession in an area the Minister has decided, under 17
subsection (3), is an area of need for a medical service. 18
(2) A person is qualified for special purpose registration to practise the 19
profession in an area of need if the person has a medical qualification and 20
experience the board considers suitable for practising the profession in the 21
area. 22
(3) The Minister may decide there is an area of need for a medical service 23
if the Minister considers there are insufficient medical practitioners 24
practising in the State, or a part of the State, to provide the service at a level 25
that meets the needs of people living in the State or the part of the State. 26
(4) If the Minister decides there is an area of need for a medical service, 27
the Minister must give the board written notice of the decision. 28
s 136 92 s 138
Medical Practitioners Registration
or training to obtain a qualification in a specialty 1
Study
136.(1) The purpose of registration under this section is to enable a 2
person to undertake study or training to obtain a qualification, mentioned in 3
section 111(1)(b)(i), in a specialty. 4
(2) A person is qualified for special purpose registration to undertake 5
study or training to obtain a qualification mentioned in section 111(1)(b)(i) 6
in a specialty if the person has-- 7
(a) a qualification in the specialty, other than a qualification 8
mentioned in section 111(1)(b)(i); and 9
(b) experience in the practice of the specialty. 10
in the public interest 11
Practice
137.(1) The purpose of registration under this section is to enable a 12
person with a qualification in, and experience in the practice of, the 13
profession to practise the profession for a particular purpose. 14
(2) A person with a qualification in, and experience in the practice of, the 15
profession is qualified for special purpose registration to practise the 16
profession for a particular purpose if the board is satisfied it would be in the 17
public interest for the person to practise the profession for the purpose. 18
in general practice 19
Practice
138.(1) The purpose of registration under this section is to enable a 20
person to practise medicine in general practice. 21
(2) A person is qualified for special purpose registration to practise 22
medicine in general practice if the person has qualifications in the general 23
practice of medicine conferred by the Royal Australian College of General 24
Practitioners or another body prescribed under a regulation. 25
s 139 93 s 139
Medical Practitioners Registration
2--Applications for special purpose registration 1
Subdivision
of divs 2 and 3 2
Application
139.(1) For a person being registered as a special purpose registrant, 3
division 2 (other than sections 43, 44 and 56 to 60) and division 3 (other 4
than sections 62 and 65(2)(c))36 apply as if-- 5
(a) an application for general registration were an application for 6
special purpose registration; and 7
(b) an applicant for general registration were an applicant for special 8
purpose registration; and 9
(c) a general registration were a special purpose registration; and 10
(d) a general registrant were a special purpose registrant; and 11
(e) a certificate of general registration were a certificate of special 12
purpose registration; and 13
(f) a provisional general registrant were a provisional special purpose 14
registrant; and 15
(g) a provisional general registration were a provisional special 16
purpose registration; and 17
(h) a certificate of provisional general registration were a certificate of 18
provisional special purpose registration. 19
(2) The approved form for a certificate of special purpose registration or 20
certificate of provisional special purpose registration must also provide for 21
the inclusion of-- 22
(a) details of the special purpose and activity for which the registrant 23
is registered; and 24
36 Division 2 (Applications for general registration), sections 43 (Eligibility),
44 (When applicant is qualified for general registration), 56 (Period),
57 (Imposition of internship conditions), 58 (Imposition of supervised practice
program conditions), 59 (Imposition of conditions by board) and
60 (Contravention of conditions) and division 3 (Provisional general
registration), sections 62 (Provisional general registration of a person on
internship conditions) and 65 (Form of certificate of provisional general
registration)
s 140 94 s 143
Medical Practitioners Registration
(b) if the special purpose involves the practice of a specialty, details of 1
the specialty. 2
of special purpose registration 3
Period
140. If the board decides to register the applicant as a special purpose 4
registrant, the registration remains in force for the period, not more than 5
1 year, decided by the board when deciding to register the applicant as a 6
special purpose registrant. 7
of conditions by board 8
Imposition
141.(1) The board may decide to register the applicant as a special 9
purpose registrant on conditions the board considers necessary or desirable 10
for the applicant to competently and safely undertake the activity the subject 11
of the application. 12
(2) If the board decides to register the applicant as a special purpose 13
registrant on conditions, it must as soon as practicable give the applicant an 14
information notice about the decision. 15
of conditions 16
Contravention
142. A special purpose registrant must not contravene a condition of the 17
registration imposed under this Act. 18
Maximum penalty--100 penalty units. 19
special purpose registration of a person 20
Provisional
143.(1) Subsection (2) applies if an authorised person reasonably 21
considers-- 22
(a) an applicant for special purpose registration is eligible for the 23
special purpose registration without conditions; and 24
(b) because of the period before the board is likely to consider the 25
application in the ordinary course of its business, it is not 26
reasonable for the applicant to have to wait for the board to 27
consider the application. 28
s 143 95 s 143
Medical Practitioners Registration
(2) The authorised person may decide to register the applicant as a 1
provisional special purpose registrant. 2
(3) Subsection (4) applies if an authorised person or the board-- 3
(a) reasonably considers, subject to an applicant for special purpose 4
registration giving the board further evidence of the applicant's 5
relevant qualification, the applicant is eligible for the registration 6
without conditions; or 7
(b) reasonably considers-- 8
(i) an applicant for special purpose registration would be eligible 9
for the special purpose registration without conditions, other 10
than for the fact that the relevant qualification relied on by the 11
applicant has not been conferred on, or awarded to, the 12
applicant; and 13
(ii) the applicant is entitled to have the relevant qualification 14
conferred on, or awarded to, him or her. 15
(4) The authorised person or board may decide to register the applicant as 16
a provisional special purpose registrant. 17
(5) If the authorised person or board decides to register the applicant as a 18
provisional special purpose registrant, the authorised person or board must 19
as soon as practicable issue a certificate of provisional special purpose 20
registration to the applicant. 21
(6) An authorised person or the board may not decide to register a person 22
as a provisional special purpose registrant on conditions. 23
(7) In this section-- 24
"authorised person" has the meaning given by section 61, as applied by 25
section 139(1). 26
s 144 96 s 146
Medical Practitioners Registration
Subdivision 3--Renewal of special purpose registrations 1
of div 4, sdivs 2 and 3 2
Application
144. For renewing a special purpose registration, division 4, 3
subdivisions 2 and 3, other than section 77(3)37 and the provisions to the 4
extent to which they relate to recency of practice requirements, apply as if-- 5
(a) an application for the renewal of a general registration were an 6
application for the renewal of a special purpose registration; and 7
(b) an applicant for the renewal of a general registration were an 8
applicant for the renewal of a special purpose registration; and 9
(c) an applicant's general registration were an applicant's special 10
purpose registration; and 11
(d) a general registrant were a special purpose registrant; and 12
(e) a certificate of general registration were a certificate of special 13
purpose registration. 14
that may be considered in deciding applications for renewal 15
Matters
of special purpose registrations 16
145. In deciding whether to renew a special purpose registration, the 17
board may have regard to the matters to which the board may have regard in 18
deciding whether a proposed special purpose registrant is eligible for special 19
purpose registration.38 20
of conditions by board 21
Imposition
146.(1) The board may decide to renew a special purpose registration on 22
conditions the board considers necessary or desirable for the registrant to 23
competently and safely undertake the activity the subject of the registration. 24
(2) If the board decides to renew a special purpose registration on 25
37 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for
renewal of general registrations) and 3 (Decision on applications),
section 77 (Steps to be taken after application decided)
38 See section 131(2).
s 147 97 s 149
Medical Practitioners Registration
conditions, it must as soon as practicable give the registrant an information 1
notice about the decision. 2
(3) To remove doubt, it is declared that any conditions attaching to the 3
registration immediately before its renewal do not continue to apply to the 4
registration on its renewal. 5
of renewed special purpose registration 6
Period
147.(1) If the board decides to renew a special purpose registration, the 7
registration remains in force for the period, not more than 1 year, decided by 8
the board when deciding to renew the registration. 9
(2) However, for a special purpose registration under section 137, the 10
total period of the registration, including any renewal of the registration, 11
must not be more than 1 year. 12
Subdivision 4--Cancellation of special purpose registrations 13
of div 6 14
Application
148. For cancelling a special purpose registration, division 6, other than 15
section 84, applies as if39-- 16
(a) a general registration were a special purpose registration; and 17
(b) a certificate of general registration were a certificate of special 18
purpose registration. 19
for cancellation 20
Grounds
149. Each of the following is a ground for cancelling a special purpose 21
registration-- 22
(a) the registrant has practised the profession other than for the 23
activity for which the registrant is registered; 24
(b) the registrant has been convicted of an indictable offence; 25
39 Division 6 (Cancellation of general registrations)
Section 84 (Grounds for cancellation)
s 150 98 s 150
Medical Practitioners Registration
(c) the registrant has been convicted of an offence against this Act, 1
the Health Practitioners (Professional Standards) Act 1999 or a 2
corresponding law; 3
(d) the registrant has contravened a condition of the registration; 4
(e) the registrant was registered because of a materially false or 5
misleading representation or declaration. 6
5--Removal of conditions 7
Subdivision
8
Removal
150.(1) This section applies if the board reasonably believes the 9
conditions imposed on a special purpose registration under this Act are no 10
longer appropriate. 11
(2) The board must decide to remove the conditions. 12
(3) The board must give the registrant notice of the decision as soon as 13
practicable after it is made. 14
(4) The registrant must return the certificate of special purpose 15
registration to the board within 14 days after receiving the notice, unless the 16
registrant has a reasonable excuse. 17
Maximum penalty--10 penalty units. 18
(5) On receiving the certificate, the board must-- 19
(a) amend the certificate in an appropriate way and return the 20
amended certificate to the registrant; or 21
(b) if the board does not consider it practicable to amend the 22
certificate--issue another certificate of special purpose registration 23
to the registrant to replace the certificate returned to the board. 24
(6) The removal takes effect when notice of the decision is given to the 25
registrant and does not depend on the certificate of special purpose 26
registration being amended to record the removal or a replacement certificate 27
of special purpose registration being issued. 28
s 151 99 s 153
Medical Practitioners Registration
Division 11--General provisions about registrations 1
is taken to be registered under this part 2
Person
151.(1) This section applies if, under this Act, an entity decides to-- 3
(a) register a person; or 4
(b) restore a person's registration. 5
(2) The person is taken to be registered under this part. 6
of registrations 7
Surrender
152.(1) A registrant may surrender the registration by notice given to the 8
board.40 9
(2) The surrender takes effect-- 10
(a) on the day the notice is given to the board; or 11
(b) if a later day of effect is stated in the notice, on the later day. 12
(3) The registrant must return the certificate of registration to the board 13
within 14 days after the day the surrender takes effect, unless the registrant 14
has a reasonable excuse. 15
Maximum penalty for subsection (3)--10 penalty units. 16
of certificates of registration 17
Replacement
153.(1) A registrant may apply to the board for the replacement of the 18
certificate of registration if it has been lost, stolen, destroyed or damaged. 19
(2) The board must consider the application and decide to grant, or refuse 20
to grant, the application. 21
(3) The board must decide to grant the application if it is satisfied the 22
certificate has been lost, stolen or destroyed, or damaged in a way to require 23
its replacement. 24
40 See section 127 (Effect on specialist registration if general registration ceases to
have effect).
s 154 100 s 156
Medical Practitioners Registration
(4) If the board decides to grant the application, it must on payment of the 1
fee prescribed under a regulation-- 2
(a) replace the lost, stolen, destroyed or damaged certificate with 3
another certificate of registration; and 4
(b) give the replacement certificate of registration to the applicant. 5
(5) If the board decides to refuse to grant the application, it must as soon 6
as practicable give the applicant an information notice about the decision. 7
copy of certificates of registration 8
Certified
154. A registrant may, on payment of the fee prescribed under a 9
regulation, obtain from the board a certified copy of the certificate of 10
registration. 11
of change in circumstances 12
Notification
155. A registrant must, within 21 days after the happening of a change in 13
the registrant's circumstances prescribed under a regulation, advise the 14
board of the change. 15
Maximum penalty--10 penalty units. 16
of certain events to interstate regulatory authorities and 17
Notification
other entities 18
156.(1) This section applies if-- 19
(a) a person's general registration, specialist registration or special 20
purpose registration is cancelled under this Act; or 21
(b) conditions are imposed under this Act on a person's general 22
registration, specialist registration or special purpose registration; 23
or 24
(c) conditions on a person's general registration, specialist 25
registration or special purpose registration are removed under this 26
Act. 27
(2) As soon as practicable after an event mentioned in subsection (1) 28
happens, the board must give notice about the event to each interstate 29
s 156 101 s 156
Medical Practitioners Registration
regulatory authority with which the board is aware the person is registered. 1
(3) Also, the board may give notice about the event to any of the 2
following-- 3
(a) the chief executive; 4
(b) other State regulatory authorities; 5
(c) foreign regulatory authorities; 6
(d) professional colleges of which the person is eligible to be a 7
member; 8
(e) professional associations of which the person is eligible to be a 9
member; 10
(f) an employer of the person; 11
(g) the Health Insurance Commission; 12
(h) the Health Rights Commissioner; 13
(i) the Minister; 14
(j) another entity having a connection with the person's practice as a 15
general or special purpose registrant. 16
(4) However, the board must not give a notice about the event to an entity 17
under subsection (3) unless the board reasonably believes-- 18
(a) the entity needs to know about the event; and 19
(b) giving the entity notice about the event will assist in achieving the 20
objects of this Act. 21
(5) A notice under this section may include the information the board 22
considers appropriate in the circumstances. 23
(6) In this section-- 24
"impose", a condition, does not include confirm the condition. 25
"State regulatory authorities" means boards established under the health 26
practitioner registration Acts. 27
s 157 102 s 157
Medical Practitioners Registration
ART 4--OBLIGATIONS OF REGISTRANTS AND 1
P
OTHER PERSONS 2
1--Restricted titles and holding out 3
Division
of restricted titles etc. 4
Taking
157.(1) A person who is not a registrant must not take or use a restricted 5
title. 6
Maximum penalty--1 000 penalty units. 7
8
Example of an individual taking or using a restricted title--
9
AB describes himself or herself as `AB, medical practitioner'.
10
Examples of a corporation taking or using a restricted title--
11
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, medical practitioners'.
12
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 13
(a) the title is taken or used as part of a business name for a business 14
providing professional services; and 15
(b) in the carrying on of the business by the person, a registrant 16
provides professional services. 17
(3) Also, subsection (1) does not apply if-- 18
(a) the person is undertaking study or training in the practice of the 19
profession to obtain a qualification for registration; and 20
(b) the person takes or uses the title, in the course of the study or 21
training, in conjunction with words that indicate the person is a 22
student or trainee in the profession. 23
(4) A person (the "first person") must not, in relation to another person 24
who the first person knows or ought reasonably to know is not a registrant, 25
use a restricted title. 26
Maximum penalty--1 000 penalty units. 27
s 158 103 s 158
Medical Practitioners Registration
(5) Subsection (4) does not apply if-- 1
(a) the other person is undertaking study or training in the practice of 2
the profession to obtain a qualification for registration; and 3
(b) the first person uses the title in relation to the other person, in the 4
course of the study or training, in conjunction with words that 5
indicate the other person is a student or trainee in the profession. 6
(6) A person who is not a registrant must not take or use a title (other 7
than a restricted title), name, initial, symbol, word or description that, having 8
regard to the circumstances in which it is taken or used, indicates or could 9
be reasonably understood to indicate-- 10
(a) the person is a medical practitioner; or 11
(b) the person is authorised or qualified to practise the profession. 12
Maximum penalty--500 penalty units. 13
(7) A person (the "first person") must not, in relation to another person 14
who the first person knows or ought reasonably to know is not a registrant, 15
use a title (other than a restricted title), name, initial, symbol, word or 16
description that, having regard to the circumstances in which it is used, 17
indicates or could be reasonably understood to indicate-- 18
(a) the other person is a medical practitioner; or 19
(b) the other person is authorised or qualified to practise the 20
profession. 21
Maximum penalty--500 penalty units. 22
(8) In this section, `medical practitioner' is not limited by the meaning of 23
the term in the dictionary in schedule 3. 24
of restricted specialist title etc. by person 25
Taking
158.(1) A person who is not a specialist registrant or provisional 26
specialist registrant in a specialty must not take or use a restricted specialist 27
title for the specialty. 28
Maximum penalty--1 000 penalty units. 29
(2) Subsection (1) does not apply to a person if-- 30
(a) the person takes or uses a restricted specialist title for a specialty 31
s 159 104 s 159
Medical Practitioners Registration
as part of a business name for a business providing professional 1
services in the specialty; and 2
(b) in the carrying on of the business by the person, a specialist 3
registrant or provisional specialist registrant in the specialty 4
provides professional services in the specialty. 5
(3) Also, subsection (1) does not apply to a person if the person-- 6
(a) is registered as a special purpose registrant or provisional special 7
purpose registrant for a special purpose that involves the practice 8
of the specialty; or 9
(b) takes or uses a title that consists of, or includes, a restricted 10
specialist title, other than for the purposes of providing a health 11
service. 12
13
Example for subsection (3)(b)--
14
If the title `surgeon' were prescribed as a restricted specialist title for a
15
specialty, a person using the title `veterinary surgeon', and not
16
providing a health service, would not commit an offence under this
17
paragraph.
(4) In addition, subsection (1) does not apply to a person if-- 18
(a) the person is registered under the Dental Practitioners 19
Registration Act 2000; and 20
(b) otherwise than in contravention of that Act, the person takes or 21
uses a restricted title or restricted specialist title, within the 22
meaning of that Act, that is also a restricted specialist title within 23
the meaning of this Act. 24
(5) A person must not use the word `specialist' or `specialty' in 25
circumstances that indicate, or could be reasonably understood to indicate, 26
the person provides professional services in an area that is not a specialty. 27
Maximum penalty for subsection (5)--1 000 penalty units. 28
restricted specialist title in relation to other person 29
Using
159.(1) A person (the "first person") must not, in relation to another 30
person who the first person knows or ought reasonably to know is not a 31
specialist registrant, or a provisional specialist registrant, in a specialty, use a 32
restricted specialist title for the specialty. 33
s 160 105 s 160
Medical Practitioners Registration
Maximum penalty--1 000 penalty units. 1
(2) Subsection (1) does not apply to the first person if the other person is 2
registered as a special purpose registrant or a provisional special purpose 3
registrant for a purpose that involves the practice of the specialty. 4
(3) Also, subsection (1) does not apply to the first person if the use of the 5
restricted specialist title could not reasonably be taken to indicate the other 6
person provides a health service. 7
(4) In addition, subsection (1) does not apply to the first person if-- 8
(a) the other person is registered under the Dental Practitioners 9
Registration Act 2000; and 10
(b) otherwise than in contravention of that Act, the first person uses a 11
restricted title or restricted specialist title within the meaning of 12
that Act in relation to the other person and the title is also a 13
restricted specialist title within the meaning of this Act. 14
(5) A person (the "first person") must not, in relation to another person 15
(the "second person") use the word `specialist' or `specialty' in 16
circumstances that indicate, or could be reasonably understood to indicate, 17
the second person provides professional services in an area that is not a 18
specialty. 19
Maximum penalty for subsection (5)--1 000 penalty units. 20
of title `doctor' 21
Use
160.(1) This section applies to a registrant using the title of doctor. 22
(2) The registrant does not commit an offence against the Higher 23
Education (General Provisions) Act 1993, section 8(3),41 so far as that 24
subsection applies to the higher education award of the title of doctor if the 25
use is intended to indicate, and could be reasonably understood to indicate, 26
merely that the registrant is a medical practitioner. 27
(3) In this section-- 28
"title" includes description and status. 29
41 Higher Education (General Provisions) Act 1993, section 8 (Limitation on
conferring or using certain awards)
s 161 106 s 163
Medical Practitioners Registration
by persons as to registration 1
Claims
161. A person who is not a registrant must not-- 2
(a) claim, or hold himself or herself out, to be registered under this 3
Act; or 4
(b) allow himself or herself to be held out as being registered under 5
this Act; or 6
(c) claim, or hold himself or herself out, to be eligible to be registered 7
under this Act. 8
Maximum penalty--1 000 penalty units. 9
by persons as to other persons' registration 10
Claims
162.(1) A person must not hold out another person as being registered 11
under this Act if the person knows, or ought reasonably to know, the other 12
person is not registered under this Act. 13
Maximum penalty--1 000 penalty units. 14
15
Example--
16
A person carrying on a business providing professional services must not hold out
17
that an employee of the person is registered under this Act if the person knows the
18
employee is not registered under this Act.
(2) A person must not hold out another person as being a specialist 19
registrant if the person knows, or ought reasonably to know, the other 20
person is not a specialist registrant. 21
Maximum penalty--1 000 penalty units. 22
(3) A person must not hold out another person as being registered under 23
this Act in a particular specialty if the person knows, or ought reasonably to 24
know, the other person is not registered under this Act in the specialty. 25
Maximum penalty for subsection (3)--1 000 penalty units. 26
on certain registrants 27
Restrictions
163.(1) A person who is a special purpose registrant or provisional 28
special purpose registrant must not-- 29
(a) claim, or hold himself or herself out, to be a general registrant or 30
s 164 107 s 164
Medical Practitioners Registration
provisional general registrant; or 1
(b) allow himself or herself to be held out as being a general 2
registrant or provisional general registrant; or 3
(c) claim, or hold himself or herself out, to be eligible to be a general 4
registrant or provisional general registrant. 5
Maximum penalty--100 penalty units. 6
(2) A registrant who is not a specialist registrant or provisional specialist 7
registrant must not-- 8
(a) claim, or hold himself or herself out, to be a specialist registrant 9
or provisional specialist registrant; or 10
(b) allow himself or herself to be held out as being a specialist 11
registrant or provisional specialist registrant; or 12
(c) claim, or hold himself or herself out, to be entitled to be a 13
specialist registrant or provisional specialist registrant. 14
Maximum penalty--100 penalty units. 15
(3) A registrant who is not a specialist registrant, or a provisional 16
specialist registrant, in a specialty must not-- 17
(a) claim, or hold himself or herself out, to be a specialist registrant 18
or provisional specialist registrant in the specialty; or 19
(b) allow himself or herself to be held out as being a specialist 20
registrant or provisional specialist registrant in the specialty; or 21
(c) claim, or hold himself or herself out, to be entitled to be a 22
specialist registrant or provisional specialist registrant in the 23
specialty. 24
Maximum penalty for subsection (3)--100 penalty units. 25
on provisional registrants 26
Restrictions
164.(1) A person who is a provisional general registrant must not-- 27
(a) claim, or hold himself or herself out, to be a general registrant; or 28
(b) allow himself or herself to be held out as being a general 29
registrant; or 30
s 165 108 s 165
Medical Practitioners Registration
(c) claim, or hold himself or herself out, to be eligible to be a general 1
registrant. 2
Maximum penalty--100 penalty units. 3
(2) A person who is a provisional special purpose registrant must not-- 4
(a) claim, or hold himself or herself out, to be a special purpose 5
registrant; or 6
(b) allow himself or herself to be held out as being a special purpose 7
registrant; or 8
(c) claim, or hold himself or herself out, to be eligible to be a special 9
purpose registrant. 10
Maximum penalty--100 penalty units. 11
(3) A person who is a provisional specialist registrant must not-- 12
(a) claim, or hold himself or herself out, to be a specialist registrant; 13
or 14
(b) allow himself or herself to be held out as being a specialist 15
registrant; or 16
(c) claim, or hold himself or herself out, to be eligible to be a 17
specialist registrant. 18
Maximum penalty for subsection (3)--100 penalty units. 19
on registrants registered on conditions 20
Restrictions
165. A registrant who is registered on conditions, including, for example, 21
probationary conditions, must not-- 22
(a) claim, or hold himself or herself out, to be registered without the 23
conditions or any conditions; or 24
(b) allow himself or herself to be held out as being registered without 25
the conditions or any conditions. 26
Maximum penalty--100 penalty units. 27
s 166 109 s 166
Medical Practitioners Registration
Division 2--Notification of business names and other details 1
of business names etc. 2
Notification
166.(1) A registrant must, before carrying on a business providing 3
professional services under a business name other than the registrant's own 4
name, give the board notice of the business name. 5
Maximum penalty--10 penalty units. 6
(2) Subsection (1) applies whether or not the business name is registered 7
under the Business Names Act 1962. 8
(3) An individual who is not a registrant must, before carrying on a 9
business providing professional services, give the board notice of-- 10
(a) the business name of the business (whether or not the name is 11
registered under the Business Names Act 1962); and 12
(b) the name and address of the individual. 13
Maximum penalty--10 penalty units. 14
(4) A corporation must, before carrying on a business providing 15
professional services, give the board notice of-- 16
(a) the business name of the business (whether or not the name is 17
registered under the Business Names Act 1962); and 18
(b) the name and principal address of the corporation; and 19
(c) the names and addresses of-- 20
(i) if the corporation is a corporation under the Corporations 21
Law--the directors of the corporation; or 22
(ii) if the corporation is not a corporation under the Corporations 23
Law--the members of the governing body of the 24
corporation. 25
Maximum penalty for subsection (4)--50 penalty units. 26
s 167 110 s 168
Medical Practitioners Registration
of change in business names etc. 1
Notification
167.(1) This section applies if-- 2
(a) a person has given the board a notice under section 166; and 3
(b) there is a change in the information contained in the notice. 4
(2) The person must, within 14 days after the happening of the change, 5
give the board notice of the change. 6
Maximum penalty--10 penalty units. 7
(3) The person does not commit an offence against section 166 during 8
the period of 14 days after the happening of the change if the person 9
complies with subsection (2). 10
Division 3--Advertising 11
of advertisers 12
Obligations
168.(1) A person must not advertise a professional service, or a business 13
providing professional services, in a way that-- 14
(a) is false, misleading or deceptive or is likely to be misleading or 15
deceptive; or 16
17
Example for paragraph (a)--
18
An advertisement that contains a false claim about the beneficial
19
outcome of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 20
use the service or the business, unless the advertisement also 21
states the terms of the offer; or 22
(c) refers to, uses or cites actual or purported endorsements or 23
testimonials about the service or business, or a registrant; or 24
(d) is disparaging of-- 25
(i) a professional service provided by another person; or 26
(ii) a business providing professional services; or 27
(iii) a registrant. 28
Maximum penalty--200 penalty units. 29
s 169 111 s 170
Medical Practitioners Registration
(2) A person must not advertise a professional service that the person 1
knows or ought reasonably know will, or is likely to, harm a person to 2
whom it is provided. 3
Maximum penalty--200 penalty units. 4
(3) A person must not advertise a registrant's expertise in a field of 5
practice of the profession unless the registrant has the skills, knowledge, 6
training or qualifications necessary to practise in the field. 7
Maximum penalty--200 penalty units. 8
(4) A printer or publisher does not commit an offence against 9
subsection (1), (2) or (3) merely by, as part of his or her business, printing 10
or publishing an advertisement for another person. 11
to appear in advertisements 12
Information
169.(1) A person must not advertise a professional service, or a business 13
providing professional services, unless-- 14
(a) if a registrant provides the service, or carries on the business, 15
under a business name that is the registrant's own name--the 16
registrant's name is stated in the advertisement; or 17
(b) otherwise--the business name notified to the board under 18
section 166(1), (3) or (4) is stated in the advertisement. 19
Maximum penalty--50 penalty units. 20
(2) A printer or publisher does not commit an offence against 21
subsection (1) merely by, as part of his or her business, printing or 22
publishing an advertisement for another person. 23
4--Registrants' autonomy 24
Division
abetting etc. conduct that is a ground for disciplinary action 25
Aiding,
170.(1) A person must not aid, abet, counsel, procure or induce a 26
registrant to engage in conduct that the person is aware, or ought reasonably 27
be aware, is conduct forming the basis for a ground for disciplinary action 28
s 171 112 s 171
Medical Practitioners Registration
against a registrant mentioned in the Health Practitioners (Professional 1
Standards) Act 1999, section 124(1).42 2
Maximum penalty--1 000 penalty units. 3
(2) To remove doubt, it is declared that a registrant may be induced by 4
threats or promises. 5
5--Court orders and injunctions 6
Division
may be prohibited from supplying health services etc. 7
Persons
171.(1) This section applies if a person is convicted of an offence against 8
section 157, 158, 159, 161, 162, 168(1)(a), (2) or (3), 170(1) or 174.43 9
(2) The court sentencing the person for the offence may, on its own 10
initiative or the application of the prosecutor, make an order under 11
subsection (3) or (5). 12
(3) The court may make an order, applying for a period decided by the 13
court-- 14
(a) prohibiting the person from providing, or carrying on or 15
managing a business providing, a health service; or 16
(b) prohibiting the person from having a financial interest in a 17
business providing a health service; or 18
(c) if the person is a corporation, prohibiting an executive officer of 19
the corporation, who was in a position to influence the conduct of 20
the corporation in relation to the offence, from managing a 21
corporation that carries on a business providing a health service. 22
42 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
43 Section 157 (Taking of restricted titles etc.), 158 (Taking of restricted specialist
title etc. by person), 159 (Using restricted specialist title in relation to other
person), 161 (Claims by persons as to registration), 162 (Claims by persons as to
other persons' registration), 168 (Obligations of advertisers), 170 (Aiding,
abetting etc. conduct that is a ground for disciplinary action) or 174 (Offence for
taking reprisal)
s 172 113 s 172
Medical Practitioners Registration
(4) For subsection (3)(c), a person manages a corporation if the person is 1
a director, or is in any way concerned in or takes part in the management of, 2
the corporation. 3
(5) Also, the court may make an order, applying for a period decided by 4
the court-- 5
(a) prohibiting the person from entering into commercial 6
arrangements with a person who provides, carries on or manages 7
a business providing, a health service; or 8
(b) if the person is a corporation, prohibiting an executive officer of 9
the corporation, who was in a position to influence the conduct of 10
the corporation in relation to the offence, from entering into 11
commercial arrangements with a person who provides, carries on 12
or manages a business providing, a health service. 13
(6) An order under subsection (3) or (5) may apply generally or be 14
limited in its application by reference to specified conditions, exceptions or 15
factors. 16
(7) A reference in subsection (5) to a person entering into commercial 17
arrangements includes the entering into commercial arrangements on behalf 18
of another person. 19
(8) A person must not contravene an order under subsection (3) or (5). 20
Maximum penalty for subsection (8)--1 000 penalty units. 21
njunctions 22
I
172.(1) This section applies if-- 23
(a) a person (the "offending party")-- 24
(i) has engaged, is engaging or is proposing to engage in 25
conduct; or 26
(ii) has failed, is failing or is proposing to fail to do anything; 27
and 28
(b) the conduct or failure constituted, constitutes or would constitute a 29
contravention of section 157, 158, 159, 161, 162, 168(1)(a), (2) 30
or (3) or 170(1). 31
s 172 114 s 172
Medical Practitioners Registration
(2) Application may be made to the court under this section for an 1
injunction in relation to the conduct or failure. 2
(3) The application may be made by the board or a person authorised in 3
writing by the board. 4
(4) The court may grant an interim injunction under this section until the 5
application is finally decided. 6
(5) On considering the application for the injunction, the court may-- 7
(a) in a case to which subsection (1)(a)(i) applies--grant an 8
injunction restraining the offending party from engaging in the 9
conduct concerned and, if in the court's opinion it is desirable to 10
do so, requiring the offending party to do anything; or 11
(b) in a case to which subsection (1)(a)(ii) applies--grant an 12
injunction requiring the offending party to do the thing concerned. 13
(6) The court may grant the injunction-- 14
(a) if the court is satisfied that the offending party has engaged in the 15
conduct, or failed to do the thing, mentioned in subsection (1), 16
whether or not it appears to the court that the offending party 17
intends-- 18
(i) to engage again, or continue to engage, in the conduct; or 19
(ii) to again fail, or continue to fail, to do the thing; or 20
(b) if it appears to the court that, if the injunction is not granted, it is 21
likely that the offending party will engage in the conduct, or fail to 22
do the thing, mentioned in subsection (1), whether or not the 23
offending party has previously engaged in the conduct or failed to 24
do the thing. 25
(7) The court may grant the injunction on the terms the court considers 26
appropriate. 27
(8) Also, the court may grant an injunction requiring the offending party 28
to take stated action (including action to disclose information or publish 29
advertisements) to remedy any adverse effects of the offending party's 30
conduct or failure. 31
(9) The court may discharge an injunction granted under this section at 32
any time. 33
s 173 115 s 173
Medical Practitioners Registration
(10) The powers conferred on the court by this section are in addition to, 1
and do not limit, any other powers of the court. 2
(11) In this section-- 3
"court" means-- 4
(a) if proceedings for an offence relating to the conduct or failure are 5
pending in a Magistrates Court--the Magistrates Court; or 6
(b) in any case--the District Court. 7
Division 6--Reprisals 8
and grounds for reprisals 9
Reprisal
173.(1) A person must not cause, or attempt or conspire to cause, 10
detriment to another person because, or in the belief that-- 11
(a) anybody has given, or may give, information or assistance to the 12
board or an inspector about a person's alleged contravention of 13
division 1 or section 168(1)(a), (2) or (3) or 170(1);44 or 14
(b) anybody has given, or may give, evidence to the court in 15
proceedings for an offence against division 1 or section 168(1)(a), 16
(2) or (3) or 170(1). 17
(2) An attempt to cause detriment includes an attempt to induce a person 18
to cause detriment. 19
(3) A contravention of subsection (1) is a reprisal or the taking of a 20
reprisal. 21
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 22
the unlawful ground for the reprisal. 23
(5) For the contravention mentioned in subsection (3) to happen, it is 24
sufficient if the unlawful ground is a substantial ground for the act or 25
omission that is the reprisal, even if there is another ground for the act or 26
omission. 27
44 Division 1 (Restricted titles and holding out), section 168 (Obligations of
advertisers) or 170 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 174 116 s 176
Medical Practitioners Registration
for taking reprisal 1
Offence
174. A person who takes a reprisal commits an offence. 2
Maximum penalty--167 penalty units or 2 years imprisonment. 3
entitlement for reprisal 4
Damages
175.(1) A reprisal is a tort and a person who takes a reprisal is liable in 5
damages to any person who suffers detriment as a result. 6
(2) Any appropriate remedy that may be granted by a court for a tort may 7
be granted by a court for the taking of a reprisal. 8
(3) If the claim for damages goes to trial in the Supreme Court or the 9
District Court, it must be decided by a judge sitting without a jury. 10
7--Other provisions 11
Division
for registrants providing information about crimes to police 12
Protection
officers 13
176.(1) This section applies to a registrant who obtains information, 14
while acting in the registrant's professional capacity, that the registrant 15
honestly and reasonably believes indicates a crime has taken place. 16
(2) The registrant is not liable, civilly, criminally or under an 17
administrative process, for giving the information about the crime or the 18
circumstances of the crime to a police officer. 19
(3) Without limiting subsection (2)-- 20
(a) in a proceeding for defamation the registrant has a defence of 21
absolute privilege for publishing the information; and 22
(b) if the registrant would otherwise be required to maintain 23
confidentiality about the given information under an Act, oath, 24
rule of law or practice, the registrant-- 25
(i) does not contravene the Act, oath, rule of law or practice by 26
giving the information; and 27
(ii) is not liable to disciplinary action for giving the information. 28
s 177 117 s 178
Medical Practitioners Registration
(4) In this section-- 1
"crime" includes an attempted crime. 2
or acceptance of payment, for referrals prohibited 3
Payment,
177.(1) This section applies to a registrant, or a person carrying on a 4
business providing professional services, (the "service provider"). 5
(2) The service provider must not, directly or indirectly, pay an amount 6
or give another benefit, or attempt to pay an amount or give another benefit, 7
to a person in return for the person referring another person to the service 8
provider or service provider's business. 9
Maximum penalty--200 penalty units. 10
(3) The service provider must not, directly or indirectly, accept payment 11
or another benefit for referring a user of the professional services provided 12
by the service provider, or service provider's business, to a person 13
providing, or carrying on a business providing, a health service. 14
Maximum penalty for subsection (3)--200 penalty units. 15
PART 5--INTERN TRAINING PROGRAMS AND 16
INTERN TRAINING SECONDMENT PROGRAMS 17
Division 1--Preliminary 18
for pt 5 19
Definition
178. In this part-- 20
"program" means-- 21
(a) an intern training program; or 22
(b) an intern training secondment program. 23
s 179 118 s 180
Medical Practitioners Registration
Division 2--Accreditation of a program 1
for accreditation 2
Application
179.(1) A person may apply to the board for accreditation of a program. 3
(2) The application must-- 4
(a) be in the approved form; and 5
(b) be accompanied by-- 6
(i) the fee prescribed under a regulation; and 7
(ii) any other documents, identified in the approved form, the 8
board reasonably requires. 9
(3) Information in the application must, if the approved form requires, be 10
verified by a statutory declaration. 11
for applications 12
Criteria
180.(1) The board may grant the application only if it is satisfied the 13
standard of postgraduate medical education offered by the program is 14
sufficient to enable interns who undertake the program to gain the skills and 15
knowledge in clinical medical practice necessary to competently and safely 16
practise the profession. 17
(2) In deciding the application, the board may have regard to the 18
following-- 19
(a) the structure and content of the program; 20
(b) the nature of the assessment, and supervision, of interns by 21
clinical teaching staff to take place under the program; 22
(c) the intern training facilities that will be available under the 23
program; 24
(d) the advice and recommendations of a body recognised by the 25
board as competent to assess standards of postgraduate medical 26
education. 27
s 181 119 s 183
Medical Practitioners Registration
into applications 1
Inquiries
181.(1) Before deciding the application, the board may by notice given to 2
the applicant, require the applicant to give the board, within a reasonable 3
period of at least 30 days stated in the notice, further information or a 4
document the board reasonably requires to decide the application. 5
(2) The applicant is taken to have withdrawn the application if, within the 6
stated period, the applicant does not comply with the requirement. 7
(3) A notice under subsection (1) must be given to the applicant within 8
60 days after the board receives the application. 9
10
Decision
182.(1) The board must consider the application and decide to accredit, or 11
refuse to accredit, the program. 12
(2) If it decides to accredit the program, the board must as soon as 13
practicable issue an accreditation certificate for the program to the applicant. 14
(3) If it decides to refuse to accredit the program, the board must as soon 15
as practicable give the applicant an information notice about the decision. 16
to decide applications 17
Failure
183.(1) Subject to subsections (2) and (3), if the board fails to decide the 18
application within 60 days after its receipt, the failure is taken to be a 19
decision by the board to refuse to accredit the program. 20
(2) Subsection (3) applies if-- 21
(a) an applicant has made an application for accreditation of a 22
program; and 23
(b) the board has, under section 181(1), required the applicant to give 24
the board further information or a document. 25
(3) The board is taken to have decided to refuse to accredit the program if 26
the board does not decide the application by the day that is 60 days after the 27
board receives the further information or document. 28
s 184 120 s 186
Medical Practitioners Registration
certificate 1
Accreditation
184.(1) An accreditation certificate for a program must be in the 2
approved form. 3
(2) The approved form must provide for the inclusion of the following-- 4
(a) the program to which the certificate relates; 5
(b) the name of the holder of the accreditation certificate for the 6
program; 7
(c) the period of accreditation; 8
(d) details of the name and address of the hospital at which the 9
program is based. 10
11
Period
185. The period of accreditation that is to apply to a program is the 12
period, not more than 4 years, stated in the accreditation certificate for the 13
program. 14
3--Renewal of accreditation 15
Division
for renewal 16
Applications
186.(1) The holder of an accreditation certificate for a program may apply 17
to the board for the renewal of the accreditation within the period starting 18
60 days before the period of the accreditation ends. 19
(2) The application must-- 20
(a) be in the approved form; and 21
(b) be accompanied by-- 22
(i) the fee prescribed under a regulation; and 23
(ii) any other documents, identified in the approved form, the 24
board reasonably requires. 25
s 187 121 s 189
Medical Practitioners Registration
into applications 1
Inquiries
187.(1) Before deciding the application, the board may, by notice given to 2
the applicant, require the applicant to give the board, within a reasonable 3
period of at least 30 days stated in the notice, further information or a 4
document the board reasonably considers is needed to decide the 5
application. 6
(2) The applicant is taken to have withdrawn the application if, within the 7
stated period, the applicant does not comply with the requirement. 8
taken to be in force while application is considered 9
Accreditation
188.(1) If an application is made under section 186, the accreditation is 10
taken to continue in force from the day that it would, apart from this section, 11
have expired until the application is decided under section 189 or taken to 12
have been withdrawn under section 187(2). 13
(2) However, if the application is refused, the accreditation continues in 14
force until the information notice for the decision is given to the applicant. 15
(3) Subsection (1) does not apply if the accreditation is earlier cancelled. 16
17
Decision
189.(1) The board must consider the application and renew, or refuse to 18
renew, the accreditation. 19
(2) In making its decision, the board may have regard to the matters to 20
which the board may have regard in deciding whether to accredit a 21
program.45 22
(3) If it decides to refuse to renew the accreditation, the board must as 23
soon as practicable give the applicant an information notice about the 24
decision. 25
(4) If it decides to renew the accreditation, it must as soon as 26
practicable-- 27
(a) endorse the existing accreditation certificate for the program; or 28
45 See section 180 for a list of the matters.
s 190 122 s 191
Medical Practitioners Registration
(b) cancel the existing certificate and issue another accreditation 1
certificate for the program. 2
4--Cancellation of accreditation 3
Division
for cancellation 4
Ground
190.(1) The accreditation for a program may be cancelled, under this 5
division, on the ground that it is no longer appropriate for the program to 6
continue to be accredited. 7
(2) For forming a belief that the ground exists, the board may have 8
regard to the matters to which the board may have regard in deciding 9
whether to accredit a program.46 10
cause notice 11
Show
191.(1) If the board believes the ground exists to cancel the accreditation 12
for a program, the board must before taking action to cancel the 13
accreditation give the holder of the accreditation certificate for the program a 14
notice (a "show cause notice"). 15
(2) The show cause notice must state the following-- 16
(a) that the board proposes to cancel the accreditation under this 17
division; 18
(b) the ground for the proposed cancellation; 19
(c) an outline of the facts and circumstances forming the basis for the 20
ground; 21
(d) an invitation to the holder to show within a stated period (the 22
"show cause period") why the board should not cancel the 23
accreditation. 24
(3) The show cause period must be a period ending not less than 30 days 25
after the show cause notice is given to the holder. 26
46 See section 180 for a list of the matters.
s 192 123 s 194
Medical Practitioners Registration
about show cause notices 1
Representations
192.(1) The holder of the accreditation certificate may make written 2
representations about the show cause notice to the board in the show cause 3
period. 4
(2) The board must consider all written representations made under 5
subsection (1). 6
show cause process without further action 7
Ending
193.(1) This section applies if, after considering the representations for 8
the show cause notice, the board no longer believes the ground exists to 9
cancel the accreditation. 10
(2) The board must not take any further action about the show cause 11
notice. 12
(3) Notice that no further action is to be taken about the show cause 13
notice must be given to the holder of the accreditation certificate by the 14
board. 15
16
Cancellation
194.(1) This section applies if, after considering the representations for 17
the show cause notice, the board-- 18
(a) still believes the ground exists to cancel the accreditation; and 19
(b) believes cancellation of the accreditation is warranted. 20
(2) This section also applies if there are no representations under 21
section 192(1) for the show cause notice. 22
(3) The board may decide to cancel the accreditation. 23
(4) The board must as soon as practicable give an information notice 24
about the decision to the holder of the accreditation certificate. 25
(5) The decision takes effect on-- 26
(a) the day the information notice is given to the holder; or 27
(b) if a later day of effect is stated in the information notice, the later 28
day. 29
s 195 124 s 197
Medical Practitioners Registration
of accreditation certificate to board 1
Return
195.(1) This section applies if the board has cancelled the accreditation 2
for a program and given an information notice for the decision to the holder 3
of the accreditation certificate. 4
(2) The holder must return the accreditation certificate for the program to 5
the board within 14 days after receiving the information notice, unless the 6
holder has a reasonable excuse. 7
Maximum penalty for subsection (2)--10 penalty units. 8
5--General provisions about accreditation 9
Division
of accreditation 10
Surrender
196.(1) The holder of the accreditation certificate for a program may 11
surrender the accreditation by notice given to the board. 12
(2) The surrender takes effect-- 13
(a) on the day the notice is given to the board; or 14
(b) if a later day of effect is stated in the notice, on the later day. 15
(3) The holder must return the accreditation certificate for the program to 16
the board within 14 days after the day the surrender takes effect, unless the 17
holder has a reasonable excuse. 18
Maximum penalty for subsection (3)--10 penalty units. 19
of accreditation certificates 20
Replacement
197.(1) The holder of the accreditation certificate for a program may 21
apply to the board for the replacement of the certificate if it has been lost, 22
stolen, destroyed or damaged. 23
(2) The board must consider the application and either grant, or refuse to 24
grant, the application. 25
(3) The board must grant the application if the board is satisfied the 26
certificate has been lost, stolen or destroyed, or damaged in a way to require 27
its replacement. 28
s 198 125 s 201
Medical Practitioners Registration
(4) If the board grants the application, the board must, on payment of the 1
fee prescribed under a regulation, issue another certificate to the applicant to 2
replace the lost, stolen, destroyed or damaged certificate. 3
(5) If the board refuses to grant the application, the board must as soon as 4
practicable give the applicant an information notice about the decision. 5
PART 6--INVESTIGATION AND ENFORCEMENT 6
Division 1--Inspectors 7
of inspectors 8
Functions
198. An inspector has the function of conducting investigations and 9
inspections to enforce compliance with this Act. 10
of inspectors 11
Powers
199. For this Act, an inspector has the powers given to the person under 12
this Act. 13
on powers of inspectors 14
Limitation
200. The powers of an inspector may be limited under a condition of 15
appointment. 16
2--Appointment of inspectors and other matters 17
Division
ppointments 18
A
201. The board may appoint the following persons as an inspector-- 19
(a) a member; 20
(b) the executive officer; 21
s 202 126 s 203
Medical Practitioners Registration
(c) if the executive officer has agreed to the appointment, a member 1
of the office's staff the board considers has the necessary 2
expertise or experience to be an inspector; 3
(d) another person the board considers has the necessary expertise or 4
experience to be an inspector. 5
conditions 6
Appointment
202.(1) An inspector holds office on the conditions stated in the 7
instrument of appointment. 8
(2) An inspector ceases holding office-- 9
(a) if the appointment provides for a term of appointment--at the end 10
of the term; or 11
(b) if the conditions of appointment provide--on ceasing to hold 12
another office (the "main office") stated in the appointment 13
conditions. 14
(3) An inspector may resign by signed notice of resignation given to the 15
board. 16
(4) However, an inspector may not resign from the office of inspector 17
(the "secondary office") if a condition of the inspector's employment to the 18
main office requires the inspector to hold the secondary office. 19
cards 20
Identity
203.(1) The board must give an identity card to each inspector. 21
(2) The identity card must-- 22
(a) contain a recent photograph of the inspector; and 23
(b) be signed by the inspector; and 24
(c) identify the person as an inspector for this Act; and 25
(d) include an expiry date for the card. 26
(3) This section does not prevent the issue of a single identity card to a 27
person for this Act and other Acts. 28
s 204 127 s 206
Medical Practitioners Registration
to return identity card 1
Failure
204. A person who ceases to be an inspector must return the person's 2
identity card to the chairperson within 7 days after the person ceases to be an 3
inspector, unless the person has a reasonable excuse. 4
Maximum penalty--10 penalty units. 5
or display of inspector's identity card 6
Production
205.(1) An inspector may exercise a power in relation to someone else 7
(the "other person") only if the inspector-- 8
(a) first produces the inspector's identity card for the other person's 9
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 inspector must produce the 14
identity card for the other person's inspection at the first reasonable 15
opportunity. 16
3--Powers of inspectors 17
Division
1--Entry of places 18
Subdivision
to enter places 19
Power
206.(1) An inspector may enter a place if-- 20
(a) its occupier consents to the entry; or 21
(b) it is a public place and the entry is made when the place is open to 22
the public; or 23
(c) the entry is authorised by a warrant. 24
(2) For the purpose of asking the occupier of a place for consent to enter, 25
an inspector may, without the occupier's consent or a warrant-- 26
(a) enter land around premises at the place to an extent that is 27
s 207 128 s 207
Medical Practitioners Registration
reasonable to contact the occupier; or 1
(b) enter part of the place the inspector reasonably considers 2
members of the public ordinarily are allowed to enter when they 3
wish to contact the occupier. 4
2--Procedure for entry 5
Subdivision
with consent 6
Entry
207.(1) This section applies if an inspector intends to ask an occupier of a 7
place to consent to the inspector or another inspector entering the place 8
under section 206(1)(a). 9
(2) Before asking for the consent, the inspector must tell the occupier-- 10
(a) the purpose of the entry; and 11
(b) that the occupier is not required to consent. 12
(3) If the consent is given, the inspector may ask the occupier to sign an 13
acknowledgment of the consent. 14
(4) The acknowledgment must state-- 15
(a) the occupier has been told-- 16
(i) the purpose of the entry; and 17
(ii) that the occupier is not required to consent; and 18
(b) the purpose of the entry; and 19
(c) the occupier gives the inspector consent to enter the place and 20
exercise powers under this part; and 21
(d) the time and date the consent was given. 22
(5) If the occupier signs the acknowledgment, the inspector must 23
immediately give a copy to the occupier. 24
(6) A court must find the occupier of a place did not consent to an 25
inspector entering the place under this part if-- 26
(a) an issue arises in a proceeding before the court whether the 27
occupier of the place consented to the entry under 28
section 206(1)(a); and 29
s 208 129 s 209
Medical Practitioners Registration
(b) an acknowledgment mentioned in subsection (4) is not produced 1
in evidence for the entry; and 2
(c) it is not proved by the person relying on the lawfulness of the 3
entry that the occupier consented to the entry. 4
for warrant 5
Application
208.(1) An inspector may apply to a magistrate for a warrant for a place. 6
(2) The application must be sworn and state the grounds on which the 7
warrant is sought. 8
(3) The magistrate may refuse to consider the application until the 9
inspector gives the magistrate all the information the magistrate requires 10
about the application in the way the magistrate requires. 11
12
Example--
13
The magistrate may require additional information supporting the application to be
14
given by statutory declaration.
of warrant 15
Issue
209.(1) The magistrate may issue a warrant only if the magistrate is 16
satisfied there are reasonable grounds for suspecting-- 17
(a) there is a particular thing or activity (the "evidence") that may 18
provide evidence of an offence against this Act; and 19
(b) the evidence is at the place, or may be at the place within the next 20
7 days. 21
(2) The warrant must state-- 22
(a) that a stated inspector may, with necessary and reasonable help 23
and force-- 24
(i) enter the place and any other place necessary for entry; and 25
(ii) exercise the inspector's powers under this part; and 26
(b) the offence for which the warrant is sought; and 27
(c) the evidence that may be seized under the warrant; and 28
(d) the hours of the day or night when the place may be entered; and 29
s 210 130 s 210
Medical Practitioners Registration
(e) the date, within 14 days after the warrant's issue, the warrant 1
ends. 2
warrants 3
Special
210.(1) An inspector may apply for a warrant (a "special warrant") by 4
phone, fax, radio or another form of communication if the inspector 5
considers it necessary because of-- 6
(a) urgent circumstances; or 7
(b) other special circumstances, including, for example, the 8
inspector's remote location. 9
(2) Before applying for the special warrant, the inspector must prepare an 10
application stating the grounds on which the warrant is sought. 11
(3) The inspector may apply for the special warrant before the application 12
is sworn. 13
(4) After issuing the special warrant, the magistrate must immediately 14
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 15
practicable to fax the copy. 16
(5) If it is not reasonably practicable to fax a copy to the inspector-- 17
(a) the magistrate must tell the inspector-- 18
(i) what the terms of the special warrant are; and 19
(ii) the date and time the special warrant was issued; and 20
(b) the inspector must complete a form of warrant (a "warrant 21
form") and write on it-- 22
(i) the magistrate's name; and 23
(ii) the date and time the magistrate issued the special warrant; 24
and 25
(iii) the terms of the special warrant. 26
(6) The facsimile warrant, or the warrant form properly completed by the 27
inspector, authorises the entry and the exercise of the other powers stated in 28
the special warrant issued. 29
s 211 131 s 211
Medical Practitioners Registration
(7) The inspector must, at the first reasonable opportunity, send to the 1
magistrate-- 2
(a) the sworn application; and 3
(b) if the inspector completed a warrant form, the completed warrant 4
form. 5
(8) On receiving the documents, the magistrate must attach them to the 6
special warrant. 7
(9) A court must find the exercise of the power by an inspector was not 8
authorised by a special warrant if-- 9
(a) an issue arises in a proceeding before the court whether the 10
exercise of the power was authorised by a special warrant 11
mentioned in subsection (1); and 12
(b) the special warrant is not produced in evidence; and 13
(c) it is not proved by the person relying on the lawfulness of the 14
entry that the inspector obtained the special warrant. 15
before entry 16
Warrants--procedure
211.(1) This section applies if an inspector named in a warrant issued 17
under this part for a place is intending to enter the place under the warrant. 18
(2) Before entering the place, the inspector must do or make a reasonable 19
attempt to do the following things-- 20
(a) identify himself or herself to a person present at the place who is 21
an occupier of the place by producing a copy of the inspector's 22
identity card or other document evidencing the inspector's 23
appointment; 24
(b) give the person a copy of the warrant or, if the entry is authorised 25
by a facsimile warrant or warrant form mentioned in 26
section 210(6), a copy of the facsimile warrant or warrant form; 27
(c) tell the person the inspector is permitted by the warrant to enter 28
the place; 29
(d) give the person an opportunity to allow the inspector immediate 30
entry to the place without using force. 31
s 212 132 s 212
Medical Practitioners Registration
(3) However, the inspector need not comply with subsection (2) if the 1
inspector believes on reasonable grounds that immediate entry to the place is 2
required to ensure the effective execution of the warrant is not frustrated. 3
Subdivision 3--Powers after entry 4
powers after entering places 5
General
212.(1) This section applies to an inspector who enters a place. 6
(2) However, if an inspector enters a place to get the occupier's consent 7
to enter premises, this section applies to the inspector only if the consent is 8
given or the entry is otherwise authorised. 9
(3) For enforcing compliance with this Act, the inspector may-- 10
(a) search any part of the place; or 11
(b) inspect, measure, test, photograph or film any part of the place or 12
anything at the place; or 13
(c) take a thing, or a sample of or from a thing, for analysis or 14
testing; or 15
(d) take an extract from, or copy, a document at the place; or 16
(e) take into or onto the place any person, equipment and materials 17
the inspector reasonably requires for exercising a power under 18
this part; or 19
(f) require the occupier of the place, or a person at the place, to give 20
the inspector reasonable help to exercise the inspector's powers 21
under paragraphs (a) to (e); or 22
(g) require the occupier of the place, or a person at the place, to give 23
the inspector information to help the inspector ascertain whether 24
this Act is being complied with. 25
(4) When making a requirement mentioned in subsection (3)(f) or (g), 26
the inspector must warn the person it is an offence to fail to comply with the 27
requirement, unless the person has a reasonable excuse. 28
s 213 133 s 215
Medical Practitioners Registration
to help inspector 1
Failure
213.(1) A person required to give reasonable help under section 212(3)(f) 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--50 penalty units. 5
(2) If an individual is required under section 212(3)(f) to give 6
information, or produce a document, it is a reasonable excuse for the 7
individual not to comply with the requirement that complying with the 8
requirement might tend to incriminate the individual. 9
to give information 10
Failure
214.(1) A person of whom a requirement is made under 11
section 212(3)(g) must comply with the requirement, unless the person has 12
a reasonable excuse. 13
Maximum penalty--50 penalty units. 14
(2) It is a reasonable excuse for an individual not to comply with the 15
requirement that complying with the requirement might tend to incriminate 16
the individual. 17
4--Power to seize evidence 18
Subdivision
evidence at a place that may be entered without consent or 19
Seizing
warrant 20
215. An inspector who enters a place that may be entered under this 21
division without the consent of the occupier and without a warrant, may 22
seize a thing at the place if the inspector reasonably believes the thing is 23
evidence of an offence against this Act. 24
s 216 134 s 217
Medical Practitioners Registration
evidence at a place that may only be entered with consent or 1
Seizing
warrant 2
216.(1) This section applies if-- 3
(a) an inspector is authorised to enter a place under this division only 4
with the consent of the occupier of the place or a warrant; and 5
(b) the inspector enters the place after obtaining the necessary consent 6
or warrant. 7
(2) If the inspector enters the place with the occupier's consent, the 8
inspector may seize a thing at the place if-- 9
(a) the inspector reasonably believes the thing is evidence of an 10
offence against this Act; and 11
(b) seizure of the thing is consistent with the purpose of entry as told 12
to the occupier when asking for the occupier's consent. 13
(3) If the inspector enters the place with a warrant, the inspector may 14
seize the evidence for which the warrant was issued. 15
(4) The inspector also may seize anything else at the place if the inspector 16
reasonably believes-- 17
(a) the thing is evidence of an offence against this Act; and 18
(b) the seizure is necessary to prevent the thing being-- 19
(i) hidden, lost or destroyed; or 20
(ii) used to continue, or repeat, the offence. 21
(5) Also, the inspector may seize a thing at the place if the inspector 22
reasonably believes it has just been used in committing an offence against 23
this Act. 24
seized things 25
Securing
217. Having seized a thing, an inspector may-- 26
(a) move the thing from the place where it was seized (the "place of 27
seizure"); or 28
s 218 135 s 219
Medical Practitioners Registration
(b) leave the thing at the place of seizure but take reasonable action to 1
restrict access to it. 2
3
Examples of restricting access to a thing--
4
1. Sealing a thing and marking it to show access to it is restricted.
5
2. Sealing the entrance to a room where the seized thing is situated
6
and marking the entrance to show access to the room is restricted.
with seized things 7
Tampering
218. If an inspector restricts access to a seized thing, a person must not 8
tamper, or attempt to tamper, with the thing, or something restricting access 9
to the thing, without an inspector's approval. 10
Maximum penalty--100 penalty units. 11
to support seizure 12
Powers
219.(1) To enable a thing to be seized, an inspector may require the 13
person in control of it-- 14
(a) to take it to a stated reasonable place by a stated reasonable time; 15
and 16
(b) if necessary, to remain in control of it at the stated place for a 17
reasonable time. 18
(2) The requirement-- 19
(a) must be made by notice in the approved form; or 20
(b) if for any reason it is not practicable to give the notice, may be 21
made orally and confirmed by notice in the approved form as 22
soon as practicable. 23
(3) A further requirement may be made under this section about the same 24
thing if it is necessary and reasonable to make the further requirement. 25
(4) A person of whom a requirement is made under subsection (1) or (3) 26
must comply with the requirement, unless the person has a reasonable 27
excuse. 28
Maximum penalty for subsection (4)--50 penalty units. 29
s 220 136 s 221
Medical Practitioners Registration
for seized things 1
Receipts
220.(1) As soon as practicable after an inspector seizes a thing, the 2
inspector must give a receipt for it to the person from whom it was seized. 3
(2) However, if for any reason it is not practicable to comply with 4
subsection (1), the inspector must leave the receipt at the place of seizure in 5
a conspicuous position and in a reasonably secure way. 6
(3) The receipt must describe generally each thing seized and its 7
condition. 8
(4) This section does not apply to a thing if it is impracticable or would 9
be unreasonable to give the receipt, given the thing's nature, condition and 10
value. 11
of seized things 12
Forfeiture
221.(1) A seized thing is forfeited to the State if the inspector who seized 13
the thing-- 14
(a) can not find its owner, after making reasonable inquiries; or 15
(b) can not return it to its owner, after making reasonable efforts; or 16
(c) reasonably believes it is necessary to retain the thing to prevent it 17
being used to commit an offence against this Act. 18
(2) In applying subsection (1)-- 19
(a) subsection (1)(a) does not require the inspector to make inquiries 20
if it would be unreasonable to make inquiries to find the owner; 21
and 22
(b) subsection (1)(b) does not require the inspector to make efforts if 23
it would be unreasonable to make efforts to return the thing to its 24
owner. 25
(3) If the inspector makes a decision under subsection (1)(c), resulting in 26
the seized thing being forfeited to the State, the inspector must immediately 27
give the owner an information notice for the decision. 28
(4) Subsection (3) does not apply if-- 29
(a) the inspector can not find the owner, after making reasonable 30
inquiries; or 31
s 222 137 s 223
Medical Practitioners Registration
(b) it is impracticable or would be unreasonable to give the 1
information notice. 2
(5) Regard must be had to a thing's nature, condition and value-- 3
(a) in deciding-- 4
(i) whether it is reasonable to make inquiries or efforts; and 5
(ii) if making inquiries or efforts, what inquiries or efforts, 6
including the period over which they are made, are 7
reasonable; or 8
(b) in deciding whether it would be unreasonable to give the 9
information notice. 10
on conviction 11
Forfeiture
222.(1) On the conviction of a person for an offence against this Act, the 12
court may order the forfeiture to the State of-- 13
(a) anything used to commit the offence; or 14
(b) anything else the subject of the offence. 15
(2) The court may make the order-- 16
(a) whether or not the thing has been seized; and 17
(b) if the thing has been seized, whether or not the thing has been 18
returned to its owner. 19
(3) The court may make any order to enforce the forfeiture it considers 20
appropriate. 21
(4) This section does not limit the court's powers under the Penalties and 22
Sentences Act 1992 or another law. 23
with forfeited things etc. 24
Dealing
223.(1) On the forfeiture of a thing to the State, the thing becomes the 25
State's property and may be dealt with by the executive officer as the 26
executive officer considers appropriate. 27
(2) Without limiting subsection (1), the executive officer may destroy or 28
dispose of the thing. 29
s 224 138 s 226
Medical Practitioners Registration
(3) Despite subsection (1), the executive officer must not deal with the 1
thing in a way that could prejudice the outcome of-- 2
(a) an appeal started under section 238(3); or 3
(b) another appeal, relevant to the thing, of which the executive officer 4
is aware. 5
of seized things 6
Return
224.(1) If a seized thing has not been forfeited, the inspector must return 7
it to its owner-- 8
(a) at the end of 6 months; or 9
(b) if a proceeding for an offence involving the thing is started within 10
6 months, at the end of the proceeding and any appeal from the 11
proceeding. 12
(2) Despite subsection (1), unless the thing has been forfeited, the 13
inspector must immediately return a thing seized as evidence to its owner if 14
the inspector stops being satisfied its continued retention as evidence is 15
necessary. 16
to seized things 17
Access
225.(1) Until a seized thing is forfeited or returned, an inspector must 18
allow its owner to inspect it and, if it is a document, to copy it. 19
(2) Subsection (1) does not apply if it is impracticable or would be 20
unreasonable to allow the inspection or copying. 21
Subdivision 5--Power to obtain information 22
to require name and address 23
Power
226.(1) This section applies if-- 24
(a) an inspector finds a person committing an offence against this 25
Act; or 26
(b) an inspector finds a person in circumstances that lead, or has 27
s 227 139 s 228
Medical Practitioners Registration
information that leads, the inspector to reasonably suspect the 1
person has just committed an offence against this Act. 2
(2) The inspector may require the person to state the person's name and 3
residential address. 4
(3) When making the requirement, the inspector must warn the person it 5
is an offence to fail to state the person's name or residential address, unless 6
the person has a reasonable excuse. 7
(4) The inspector may require the person to give evidence of the 8
correctness of the stated name or residential address if the inspector 9
reasonably suspects the stated name or address is false. 10
(5) A requirement under subsection (2) or (4) is called a "personal 11
details requirement". 12
to give name or address 13
Failure
227.(1) A person of whom a personal details requirement is made must 14
comply with the requirement, unless the person has a reasonable excuse. 15
Maximum penalty--50 penalty units. 16
(2) A person does not commit an offence against subsection (1) if-- 17
(a) the person was required to state the person's name and residential 18
address by an inspector who suspected the person had committed 19
an offence against this Act; and 20
(b) the person is not proved to have committed the offence. 21
to require production of documents 22
Power
228.(1) An inspector may require a person to make available for 23
inspection by an inspector, or produce to the inspector for inspection, at a 24
reasonable time and place nominated by the inspector a document issued to 25
the person under this Act. 26
(2) The inspector may keep the document to copy it. 27
(3) The inspector must return the document to the person as soon as 28
practicable after copying it. 29
s 229 140 s 230
Medical Practitioners Registration
(4) While the document is in the inspector's possession, the inspector 1
must allow it to be inspected or copied, at a reasonable time, by a person 2
who would be entitled to inspect or copy it were it not in the inspector's 3
possession. 4
(5) A requirement under subsection (1) is called a "document 5
production requirement". 6
to produce document 7
Failure
229.(1) A person of whom a document production requirement is made 8
must comply with the requirement, unless the person has a reasonable 9
excuse. 10
Maximum penalty--50 penalty units. 11
(2) It is not a reasonable excuse for an individual not to comply with a 12
document production requirement if complying with the requirement might 13
tend to incriminate the individual. 14
to require information 15
Power
230.(1) This section applies if an inspector reasonably believes-- 16
(a) an offence against this Act has been committed; and 17
(b) a person may be able to give information about the offence. 18
(2) The inspector may, by notice given to the person, require the person 19
to give information, including a document, about the offence to the inspector 20
at a stated reasonable time and place. 21
(3) The person must comply with a requirement under subsection (2), 22
unless the person has a reasonable excuse. 23
Maximum penalty--50 penalty units. 24
(4) For this section, it is a reasonable excuse for an individual to fail to 25
give information that giving the information might tend to incriminate the 26
individual. 27
s 231 141 s 232
Medical Practitioners Registration
4--General enforcement matters 1
Division
of damage 2
Notice
231.(1) This section applies if-- 3
(a) an inspector damages property when exercising or purporting to 4
exercise a power; or 5
(b) a person (the "other person") acting under the direction of an 6
inspector damages property. 7
(2) The inspector must immediately give notice of particulars of the 8
damage to the person who appears to the inspector to be the owner of the 9
property. 10
(3) If the inspector believes the damage was caused by a latent defect in 11
the property or circumstances beyond the inspector's or other person's 12
control, the inspector may state the belief in the notice. 13
(4) If, for any reason, it is impracticable to comply with subsection (2), 14
the inspector must leave the notice in a conspicuous position and in a 15
reasonably secure way where the damage happened. 16
(5) This section does not apply to damage the inspector reasonably 17
believes is trivial. 18
(6) In this section-- 19
"owner", of property, includes the person in possession or control of it. 20
21
Compensation
232.(1) A person may claim from the board the cost of repairing or 22
replacing property damaged because of the exercise or purported exercise of 23
a power under any of the following subdivisions of division 347-- 24
· subdivision 1 (Entry of places) 25
· subdivision 3 (Powers after entry) 26
· subdivision 4 (Power to seize evidence). 27
47 Division 3 (Powers of inspectors)
s 233 142 s 234
Medical Practitioners Registration
(2) Without limiting subsection (1), compensation may be claimed for 1
loss or expense incurred in complying with a requirement made of the 2
person under the subdivision. 3
(3) Compensation may be claimed and ordered to be paid in a 4
proceeding-- 5
(a) brought in a court with jurisdiction for the recovery of the amount 6
of compensation claimed; or 7
(b) for an offence against this Act brought against the person 8
claiming compensation. 9
(4) A court may order compensation to be paid only if it is satisfied it is 10
just to make the order in the circumstances of the particular case. 11
or misleading information 12
False
233. A person must not give information to an inspector the person 13
knows is false or misleading in a material particular. 14
Maximum penalty--50 penalty units. 15
or misleading documents 16
False
234.(1) A person must not give an inspector a document containing 17
information the person knows is false or misleading in a material particular. 18
Maximum penalty--50 penalty units. 19
(2) Subsection (1) does not apply to a person if the person, when giving 20
the document-- 21
(a) tells the inspector, to the best of the person's ability, how it is 22
false or misleading; and 23
(b) if the person has, or can reasonably obtain, the correct 24
information, gives the correct information. 25
s 235 143 s 237
Medical Practitioners Registration
inspectors 1
Obstructing
235.(1) A person must not obstruct an inspector in the exercise of a 2
power, unless the person has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
(2) If a person has obstructed an inspector and the inspector decides to 5
proceed with the exercise of the power, the inspector must warn the person 6
that-- 7
(a) it is an offence to obstruct the inspector, unless the person has a 8
reasonable excuse; and 9
(b) the inspector considers the person's conduct is an obstruction. 10
(3) In this section-- 11
"obstruct" includes hinder and attempt to obstruct or hinder. 12
of inspectors 13
Impersonation
236. A person must not pretend to be an inspector. 14
Maximum penalty--50 penalty units. 15
ART 7--APPEALS 16
P
may appeal 17
Who
237.(1) A person (the "appellant") who is given, or is entitled to be 18
given, an information notice for a decision (the "original decision") may 19
appeal against the decision to the District Court.48 20
(2) To help users of this Act, schedule 1 identifies the decisions for 21
which an information notice must be given under this Act. 22
48 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 238 144 s 240
Medical Practitioners Registration
appeals 1
Starting
238.(1) The appeal may be started at-- 2
(a) the District Court at the place where the person resides or carries 3
on business; or 4
(b) the District Court at Brisbane. 5
(2) Subsection (1) does not limit the District Court at which the appeal 6
may be started under the Uniform Civil Procedure Rules 1999. 7
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 8
must be filed with the registrar of the court within 28 days after-- 9
(a) if the appellant is given an information notice for the original 10
decision--the day the appellant is given the notice; or 11
(b) if paragraph (a) does not apply--the day the person otherwise 12
becomes aware of the original decision. 13
(4) The court may, at any time, extend the period for filing the notice of 14
appeal. 15
procedures 16
Hearing
239.(1) In deciding the appeal, the court-- 17
(a) has the same powers as the person who made the original 18
decision; and 19
(b) is not bound by the rules of evidence; and 20
(c) must comply with natural justice. 21
(2) The appeal is by way of rehearing, unaffected by the original decision, 22
on the material before the person who made the original decision and any 23
further evidence allowed by the court. 24
of court on appeal 25
Powers
240.(1) In deciding the appeal, the court may-- 26
(a) confirm the original decision; or 27
(b) amend the original decision; or 28
s 241 145 s 241
Medical Practitioners Registration
(c) substitute another decision for the original decision; or 1
(d) set aside the original decision and return the issue to the board 2
with the directions the court considers appropriate. 3
(2) In substituting another decision for the original decision, the court has 4
the same powers as the person who made the original decision. 5
6
Example--
7
The court may decide that an unsuccessful applicant for general registration be
8
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 9
decision for the original decision, the amended or substituted decision is, for 10
this Act (other than this part) taken to be the decision of the person who 11
made the original decision. 12
(4) If the court decides to impose conditions on a registration, the court 13
must-- 14
(a) state the reasons for the decision; and 15
(b) if the registration is a general registration or specialist registration, 16
decide and state the review period applying to the conditions.49 17
(5) If the court decides to impose conditions on a registration because of 18
the registrant's mental and physical health, it must also decide whether 19
details of the conditions must be recorded in the register for the period for 20
which the conditions are in force. 21
(6) The court must decide not to record details of the conditions 22
mentioned in subsection (5) in the register unless it reasonably believes it is 23
in the interests of users of the registrant's services or the public to know the 24
details. 25
of assessors 26
Appointment
241.(1) If the court is of the opinion that the appeal involves a question of 27
special knowledge and skill, the court may appoint 1 or more assessors who 28
in the court's opinion possess the special qualifications necessary for the 29
49 The conditions may be reviewed, for general registration, under part 3
(Registration), division 8 (Reviewing conditions of general registration) or, for
specialist registration, part 3, division 8, as applied by section 124(1)(e).
s 242 146 s 245
Medical Practitioners Registration
particular case to assist the court in its deciding the appeal. 1
(2) An assessor may advise the court on any matter, but all questions of 2
law and fact are to be decided by the court. 3
(3) The court may give the weight to the advice that it considers 4
appropriate. 5
ART 8--LEGAL PROCEEDINGS 6
P
Division 1--Evidence 7
of division 8
Application
242. This division applies to a proceeding under this Act. 9
and authority 10
Appointments
243. It is not necessary to prove-- 11
(a) an inspector's, or member's, appointment; or 12
(b) the executive officer's appointment; or 13
(c) the authority of an inspector, a member, the executive officer or a 14
member of the office's staff to do anything under this Act. 15
16
Signatures
244. A signature purporting to be the signature of the Minister, the 17
chairperson, a member, an inspector, the executive officer or a member of 18
the office's staff is evidence of the signature it purports to be. 19
provisions 20
Evidentiary
245. A certificate purporting to be signed by the executive officer and 21
stating any of the following matters is evidence of the matter-- 22
s 246 147 s 246
Medical Practitioners Registration
(a) a stated document is one of the following things made, given, 1
issued or kept under this Act-- 2
(i) an appointment, approval or decision; 3
(ii) a notice, direction or requirement; 4
(iii) a certificate of registration; 5
(iv) a record, or an extract from a record; 6
(v) the register, or an extract from the register; 7
(b) a stated document is another document kept under this Act; 8
(c) a stated document is a copy of a thing mentioned in paragraph (a) 9
or (b); 10
(d) on a stated day, or during a stated period, a stated person was or 11
was not a registrant; 12
(e) on a stated day, or during a stated period, a registration-- 13
(i) was or was not in force; or 14
(ii) was or was not subject to a stated condition; 15
(f) on a stated day, a registration was cancelled; 16
(g) on a stated day, or during a stated period, an appointment as an 17
inspector was, or was not, in force for a stated person; 18
(h) on a stated day, a stated person was given a stated notice or 19
direction under this Act; 20
(i) on a stated day, a stated requirement was made of a stated person. 21
2--Proceedings 22
Division
and summary offences 23
Indictable
246.(1) An offence against section 17450 is an indictable offence. 24
(2) Any other offence against this Act is a summary offence. 25
50 Section 174 (Offence for taking reprisal)
s 247 148 s 248
Medical Practitioners Registration
for indictable offences 1
Proceedings
247.(1) A proceeding for an indictable offence against this Act may be 2
taken, at the election of the prosecution-- 3
(a) by way of summary proceeding under the Justices Act 1886; or 4
(b) on indictment. 5
(2) A magistrate must not hear an indictable offence summarily if-- 6
(a) the defendant asks at the start of the hearing that the charge be 7
prosecuted on indictment; or 8
(b) the magistrate considers the charge should be prosecuted on 9
indictment. 10
(3) If subsection (2) applies-- 11
(a) the magistrate must proceed by way of an examination of 12
witnesses for an indictable offence; and 13
(b) a plea of the person charged at the start of the proceeding must be 14
disregarded; and 15
(c) evidence brought in the proceeding before the magistrate decided 16
to act under subsection (2) is taken to be evidence in the 17
proceeding for the committal of the person for trial or sentence; 18
and 19
(d) before committing the person for trial or sentence, the magistrate 20
must make a statement to the person as required by the Justices 21
Act 1886, section 104(2)(b).51 22
on who may summarily hear indictable offence 23
Limitation
248.(1) The proceeding must be before a magistrate if it is a 24
proceeding-- 25
(a) for the summary conviction of a person on a charge for an 26
indictable offence; or 27
51 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 249 149 s 252
Medical Practitioners Registration
(b) for an examination of witnesses for a charge for an indictable 1
offence. 2
(2) However, if the proceeding is brought before a justice who is not a 3
magistrate, jurisdiction is limited to taking or making a procedural action or 4
order within the meaning of the Justices of the Peace and Commissioners 5
for Declarations Act 1991. 6
on time for starting summary proceedings 7
Limitation
249. A proceeding for a summary offence against this Act by way of 8
summary proceeding under the Justices Act 1886 must start-- 9
(a) within 1 year after the commission of the offence; or 10
(b) within 6 months after the offence comes to the complainant's 11
knowledge, but within 2 years after the commission of the 12
offence. 13
of false or misleading information or documents 14
Allegations
250. In any proceeding for an offence against this Act defined as 15
involving false or misleading information, or a false or misleading 16
document, it is enough for a charge to state that the information or 17
document was, without specifying which, `false or misleading'. 18
to be paid to board 19
Penalties
251. All penalties recovered as a result of proceedings for offences 20
against this Act brought by the board must be ordered to be paid to the 21
board. 22
for acts or omissions of representatives 23
Responsibility
252.(1) This section applies in a proceeding for an offence against this 24
Act. 25
(2) If it is relevant to prove a person's state of mind about a particular act 26
or omission, it is enough to show-- 27
(a) the act was done or omitted to be done by a representative of the 28
s 253 150 s 253
Medical Practitioners Registration
person within the scope of the representative's actual or apparent 1
authority; and 2
(b) the representative had the state of mind. 3
(3) An act done or omitted to be done for a person by a representative of 4
the person within the scope of the representative's actual or apparent 5
authority is taken to have been done or omitted to be done also by the 6
person, unless the person proves the person could not, by the exercise of 7
reasonable diligence, have prevented the act or omission. 8
(4) In this section-- 9
"representative" means-- 10
(a) for a corporation--an executive officer, employee or agent of the 11
corporation; or 12
(b) for an individual--an employee or agent of the individual. 13
"state of mind" of a person includes-- 14
(a) the person's knowledge, intention, opinion, belief or purpose; and 15
(b) the person's reasons for the intention, opinion, belief or purpose. 16
officers must ensure corporation complies with Act 17
Executive
253.(1) The executive officers of a corporation must ensure the 18
corporation complies with this Act. 19
(2) If a corporation commits an offence against a provision of this Act, 20
each of the corporation's executive officers also commits an offence, 21
namely, the offence of failing to ensure the corporation complies with the 22
provision. 23
Maximum penalty--the penalty for the contravention of the provision by an 24
individual. 25
(3) Evidence that the corporation has been convicted of an offence against 26
a provision of this Act is evidence that each of the executive officers 27
committed the offence of failing to ensure the corporation complies with the 28
provision. 29
(4) However, it is a defence for an executive officer to prove-- 30
(a) if the officer was in a position to influence the conduct of the 31
s 254 151 s 254
Medical Practitioners Registration
corporation in relation to the offence, the officer exercised 1
reasonable diligence to ensure the corporation complied with the 2
provision; or 3
(b) the officer was not in a position to influence the conduct of the 4
corporation in relation to the offence. 5
PART 9--REGISTER, RECORDS AND 6
INFORMATION 7
Division 1--Register 8
to be kept 9
Register
254.(1) The board must keep a register about registrants. 10
(2) The register may be kept in the way the board considers appropriate, 11
including, for example, in an electronic form. 12
(3) The register must contain the following details for each registrant-- 13
(a) the registrant's name; 14
(b) an address of the registrant notified by the registrant to the board; 15
(c) whether the registrant is a general registrant, provisional general 16
registrant, special purpose registrant, provisional special purpose 17
registrant, specialist registrant or provisional specialist registrant; 18
(d) any qualification relied on by the registrant to obtain registration; 19
(e) if the registrant is a specialist registrant or provisional specialist 20
registrant, the specialty in which the registrant is registered; 21
(f) if the registrant is a special purpose registrant or provisional 22
special purpose registrant-- 23
(i) details of the special purpose for which the registrant is 24
registered; and 25
s 255 152 s 255
Medical Practitioners Registration
(ii) for a special purpose that involves the practice of a specialty, 1
details of the specialty; 2
(g) if conditions, including, for example, probationary conditions are 3
imposed under this Act on the registrant's registration-- 4
(i) for conditions imposed because of the registrant's mental 5
and physical health, the details of which it has been decided 6
under this Act not to record in the register--the fact that 7
conditions have been imposed; or 8
(ii) otherwise--details of the conditions; 9
(h) whether the registrant has an approval or an authority under the 10
Health (Drugs and Poisons) Regulation 1996 to which a 11
condition applies and, if so, details of the condition; 12
(i) whether the registrant has an approval or authority under the 13
Health (Drugs and Poisons) Regulation 1996 that is currently 14
cancelled or suspended under that regulation; 15
(j) any other information required to be recorded in the register under 16
the Health Practitioners (Professional Standards) Act 1999; 17
(k) other details prescribed under a regulation. 18
(4) For subsection (3)(g), the fact or details must be recorded in the 19
register for the period the conditions are in force. 20
of register 21
Inspection
255.(1) The board must-- 22
(a) keep the register open for inspection, free of charge, at the office 23
by members of the public during ordinary office hours; and 24
(b) give a person a copy of the register, or a part of it, on payment of 25
the fee prescribed under a regulation. 26
(2) Subsection (1) does not apply to details of the residential address of a 27
registrant, unless the registrant gives notice to the board that he or she agrees 28
to the details being able to be inspected. 29
s 256 153 s 257
Medical Practitioners Registration
2--Records to be kept 1
Division
2
Records
256.(1) The board must keep records of the following details about each 3
registrant or former registrant-- 4
(a) if the registration was affected under the Health Practitioners 5
(Professional Standards) Act 1999, details of the way it was 6
affected and the reason for it being affected; 7
(b) if the registration was cancelled under this Act, the fact of, and the 8
reason for, the cancellation; 9
(c) if conditions were, under this Act, imposed on the registration, 10
details of the conditions and the reasons for their imposition; 11
(d) other details prescribed under a regulation. 12
(2) The records must be kept for at least 10 years. 13
Division 3--Information 14
of information 15
Confidentiality
257.(1) This section applies to a person (the "relevant person") who is 16
or was-- 17
(a) a member; or 18
(b) a member of a committee; or 19
(c) appointed by the board to conduct a health assessment of another 20
person; or 21
(d) an inspector; or 22
(e) the executive officer or a member of the office's staff; or 23
(f) otherwise involved in the administration of this Act. 24
(2) This section applies to information about a person obtained by the 25
relevant person in the course of performing the relevant person's functions 26
under this Act. 27
s 257 154 s 257
Medical Practitioners Registration
(3) The relevant person must not disclose the information to anyone else. 1
Maximum penalty--100 penalty units. 2
(4) However, the relevant person may disclose the information to 3
someone else-- 4
(a) to the extent necessary to perform the relevant person's functions 5
under or relating to this Act or the Health Practitioners 6
(Professional Standards) Act 1999; or 7
(b) if the disclosure is authorised under this or another Act; or 8
(c) if the disclosure is otherwise required or permitted by law; or 9
(d) if the person to whom the information relates agrees to the 10
disclosure; or 11
(e) if the disclosure is in a form that does not disclose the identity of a 12
person; or 13
(f) if the information is, or has been, accessible to the public, 14
including, for example, because it is or was recorded in the 15
register; or 16
(g) if the disclosure is to a foreign regulatory authority and the 17
disclosure is necessary for the authority to perform its functions; 18
or 19
(h) if the disclosure is to the Minister to allow the Minister to act 20
under paragraph (i); or 21
(i) if the Minister considers the disclosure is in the public interest and 22
authorises the relevant person to disclose the information. 23
(5) If the Minister authorises information to be disclosed under 24
subsection (4)(i) about a matter concerning a registrant, the Minister must 25
inform the board of the authorisation and its purpose. 26
(6) In this section-- 27
"information", about a person, means-- 28
(a) information about the person's health that identifies, or is likely to 29
identify, the person; or 30
(b) information about the person's criminal history obtained under a 31
request under section 45(2). 32
s 258 155 s 260
Medical Practitioners Registration
annual report must disclose authorisation 1
Board's
258.(1) This section applies if the board is given information, under 2
section 257(5), in a financial year about an authorisation. 3
(2) The board must include a statement about the authorisation in its 4
annual report under the Financial Administration and Audit Act 1977 for the 5
financial year. 6
(3) The statement must include general details about-- 7
(a) the nature of the information disclosed under the authorisation; 8
and 9
(b) the purpose for which the information was disclosed. 10
(4) However, the statement must not identify any person. 11
ART 10--MISCELLANEOUS 12
P
Division 1--Abandoned, and other, health records 13
for div 1 14
Definitions
259. In this division-- 15
"health records" means documents, recording the health history, condition 16
and treatment of users of the professional services provided by a 17
person, made in the course of the person's practice of the profession. 18
"possess", a health record, includes having the record under control in any 19
place, whether or not another person has custody of the record. 20
may take possession of abandoned health records 21
Board
260.(1) This section applies if the board suspects on reasonable grounds 22
that health records have been abandoned. 23
(2) The board may take and keep possession of the records to be dealt 24
with under this division. 25
s 261 156 s 262
Medical Practitioners Registration
(3) For taking possession of the records, the board may give notice to the 1
occupier of the place where the records are situated to deliver the records to 2
the board to be dealt with under this division. 3
(4) The notice must state that the requirement must be complied with 4
within a period of 14 days after the occupier receives the notice. 5
(5) The occupier must comply with the requirement within the stated 6
period, unless the occupier has a reasonable excuse. 7
Maximum penalty for subsection (5)--50 penalty units. 8
records forming part of deceased estate 9
Health
261.(1) This section applies if health records form part of a deceased 10
estate. 11
(2) The personal representative of the deceased person concerned may 12
deliver the records into the possession of the board to be dealt with under 13
this division. 14
records of persons convicted of an offence against s 157(1) or 15
Health
(6), 158 or 161 16
262.(1) This section applies to a person who is convicted of an offence 17
against section 157(1) or (6), 158(1) or 161.52 18
(2) The board may give the person notice to deliver health records in the 19
possession or control of the person into the possession of the board to be 20
dealt with under this division. 21
(3) The person must within 14 days after receiving the notice deliver the 22
records into the possession of the board. 23
Maximum penalty--50 penalty units. 24
(4) If the person does not comply with the notice, the board may take and 25
keep possession of the records. 26
52 Section 157 (Taking of restricted titles etc.), 158 (Taking of restricted specialist
title etc. by person) or 161 (Claims by persons as to registration)
s 263 157 s 265
Medical Practitioners Registration
with certain health records seized under s 215 or 216 1
Dealing
263.(1) This section applies if, under section 215 or 216,53 an inspector 2
seizes health records that the board may take and keep possession of under 3
section 260 or 262. 4
(2) The inspector must deliver the health records into the possession of 5
the board to be dealt with under this division. 6
(3) Sections 221, 224 and 22554 do not apply to health records delivered 7
to the board under subsection (2). 8
board may deal with health records 9
How
264.(1) This section applies if the board takes possession of a health 10
record under this division. 11
(2) The board may-- 12
(a) give the record to the person to whom the record relates; or 13
(b) if directed by the person, give the record to a registrant under a 14
health practitioner registration Act chosen by the person; or 15
(c) if the board can not find the person after making reasonable 16
inquiries, keep the record; or 17
(d) if the board can not find the person, after making reasonable 18
inquiries, and decides it is no longer necessary to keep the record, 19
destroy the record. 20
(3) To remove doubt, it is declared that the board is taken to be keeping a 21
health record if another body stores the record on its behalf. 22
of health records 23
Destruction
265.(1) This section applies if the board destroys a health record under 24
section 264(2)(d). 25
53 Section 215 (Seizing evidence at a place that may be entered without consent or
warrant) or 216 (Seizing evidence at a place that may only be entered with
consent or warrant)
54 Sections 221 (Forfeiture of seized things), 224 (Return of seized things) and
225 (Access to seized things)
s 266 158 s 267
Medical Practitioners Registration
(2) Compensation is not recoverable against the board because of the 1
destruction of the record. 2
2--Continuing professional education of registrants 3
Division
professional education programs 4
Continuing
266.(1) The board may develop or recognise a program for the 5
continuing professional education of registrants. 6
(2) The board must give notice to all registrants, to whom the program is 7
relevant, of details of the program. 8
(3) The program may state the minimum continuing professional 9
education requirements a registrant needs to satisfy, in a stated period, to 10
keep up-to-date with developments in the practice of the profession. 11
(4) A registrant who has satisfied the requirements in the stated period 12
may advertise this fact. 13
(5) A registrant who has not satisfied the requirements in the stated 14
period must not advertise that the registrant has satisfied the requirements. 15
Maximum penalty for subsection (5)--50 penalty units. 16
3--Declared events 17
Division
for div 3 18
Definitions
267. In this division-- 19
"declaration period" see section 268(3). 20
"declared event" means an event declared to be a declared event under 21
section 268(1). 22
"interstate law" means a law of another State that provides for the same 23
matter as this Act. 24
"local practitioner" means a person registered under this Act. 25
"participant" means a person who is officially participating in, or 26
preparing for, a declared event. 27
s 268 159 s 269
Medical Practitioners Registration
"prepare" includes the following-- 1
(a) train; 2
(b) practise; 3
(c) rehearse; 4
(d) acclimatise. 5
"visiting practitioner" , in relation to a declared event, means a person 6
who-- 7
(a) is not a local practitioner; and 8
(b) is registered under an interstate law; and 9
(c) is appointed, employed, contracted or otherwise engaged to 10
provide professional services to a participant in relation to the 11
event. 12
of events 13
Declaration
268.(1) The Minister may, by notice, declare a sporting, cultural or other 14
event to be a declared event for this Act. 15
(2) The notice must be for an event taking place, or to take place, in the 16
State that will or is likely to attract a significant number of participants. 17
(3) The notice must state a period during which the declaration is to 18
remain in force (the "declaration period"). 19
(4) The declaration period for the declared event may include a period 20
before or after the declared event takes place. 21
(5) The notice is subordinate legislation. 22
general or specialist registration of visiting practitioners 23
Deemed
269.(1) This section applies to a visiting practitioner in relation to a 24
declared event. 25
(2) During the declaration period for the event, the visiting practitioner is 26
taken to be the following kind of registrant in relation to the provision of 27
professional services to a participant in the event-- 28
(a) if the practitioner's registration under the interstate law is 29
s 270 160 s 270
Medical Practitioners Registration
equivalent to general registration under this Act--a general 1
registrant; 2
(b) if the practitioner's registration under the interstate law is 3
equivalent to specialist registration under this Act in a specialty--a 4
specialist registrant in the specialty. 5
(3) The practitioner's deemed general or specialist registration under 6
subsection (2) is taken to be subject to any conditions of the practitioner's 7
relevant registration under an interstate law. 8
(4) Part 3, divisions 4 to 9 and 1155 do not apply to the practitioner while 9
the practitioner is taken, under subsection (2), to be a general or specialist 10
registrant. 11
(5) The practitioner is not taken to be a registrant for the operation of 12
sections 37(1)(b) and 254.56 13
4--Other provisions 14
Division
of certain professional services by interstate practitioners 15
Provision
270.(1) This section applies to an interstate practitioner in relation to the 16
provision of any of the following professional services by the practitioner in 17
Queensland-- 18
(a) a professional service provided in an emergency; 19
(b) the removal of tissue from a person's body or the transplantation 20
of tissue to the body of a living person; 21
(c) a professional service provided to a patient while the patient is 22
being transported. 23
55 Part 3 (Registration), divisions 4 (Renewal of general registrations),
5 (Restoration of general registrations), 6 (Cancellation of general registrations),
7 (Reviewing probationary conditions on general registrations), 8 (Reviewing
conditions of general registrations), 9 (Specialist registration) and 11 (General
provisions about general registrations)
56 Sections 37 (Matters to be included in annual report) and 254 (Register to be
kept)
s 271 161 s 271
Medical Practitioners Registration
(2) The interstate practitioner is taken to be the following kind of 1
registrant in relation to the provision of any of the services by the 2
practitioner in Queensland-- 3
(a) if the practitioner's registration under the interstate law is 4
equivalent to general registration under this Act--a general 5
registrant; 6
(b) if the practitioner's registration under the interstate law is 7
equivalent to specialist registration in a specialty--a specialist 8
registrant in the specialty. 9
(3) The practitioner's deemed general or specialist registration under 10
subsection (2) is taken to be subject to any conditions of the practitioner's 11
relevant registration under an interstate law. 12
(4) In this section-- 13
"interstate law" means a law of another State or New Zealand that 14
provides for the same matter as this Act. 15
"interstate practitioner" means a person who is not a registrant but is 16
registered under an interstate law. 17
officials from liability 18
Protecting
271.(1) An official is not civilly liable for an act done, or omission made, 19
honestly and without negligence under this Act. 20
(2) If subsection (1) prevents a civil liability attaching to an official, the 21
liability attaches instead to the board. 22
(3) In this section-- 23
"official" means-- 24
(a) a member; or 25
(b) a committee member who is not a board member; or 26
(c) the executive officer; or 27
(d) a person appointed by the board to conduct a health assessment of 28
another person; or 29
s 272 162 s 273
Medical Practitioners Registration
(e) an inspector; or 1
(f) a person acting under the direction or authority of an inspector. 2
for persons supervising registrants undertaking prescribed 3
Protection
internship or supervised practice program 4
272.(1) This section applies to a person who, honestly and on reasonable 5
grounds, gives information to the board about a registrant in the person's 6
capacity as the registrant's internship nominee or supervisor for an 7
internship or supervised practice program. 8
(2) The person is not liable, civilly, criminally or under an administrative 9
process, for giving the information. 10
(3) Without limiting subsection (2)-- 11
(a) in a proceeding for defamation the person has a defence of 12
absolute privilege for publishing the information; and 13
(b) if the person would otherwise be required to maintain 14
confidentiality about the given information under an Act, oath, 15
rule of law or practice, the person-- 16
(i) does not contravene the Act, oath, rule of law or practice by 17
giving the information; and 18
(ii) is not liable to disciplinary action for giving the information. 19
or misleading information or documents 20
False
273.(1) A person must not give information to the board the person 21
knows is false or misleading in a material particular. 22
Maximum penalty--50 penalty units. 23
(2) A person must not give the board a document containing information 24
the person knows is false or misleading in a material particular. 25
Maximum penalty--50 penalty units. 26
s 274 163 s 277
Medical Practitioners Registration
(3) Subsection (2) does not apply to a person if the person, when giving 1
the document-- 2
(a) tells the board, to the best of the person's ability, how it is false or 3
misleading; and 4
(b) if the person has, or can reasonably obtain, the correct 5
information, gives the correct information. 6
etc. not to be false or misleading 7
Certificates
274. A registrant must not, in the registrant's professional capacity, sign 8
or give to another person, a certificate, notice, report or other document the 9
registrant knows is false or misleading in a material particular. 10
Maximum penalty--50 penalty units. 11
of provisions 12
Application
275.(1) This section applies if a provision of this Act applies another 13
provision of this Act for a purpose. 14
(2) The other provision, and any definition relevant to the other provision, 15
apply with any necessary changes. 16
(3) Subsection (2) is not limited merely because a provision states how 17
the other provision is to apply. 18
of forms 19
Approval
276. The board may approve forms for use under this Act. 20
fees 21
Examination
277. A person who sits an examination set and administered by the board 22
under this Act must, before sitting the examination, pay the board the fee for 23
the examination prescribed under a regulation. 24
s 278 164 s 279
Medical Practitioners Registration
power 1
Regulation-making
278.(1) The Governor in Council may make regulations under this Act. 2
(2) A regulation may be made about the following-- 3
(a) prescribed internships, including, for example, the content and 4
duration of prescribed internships; 5
(b) supervised practice programs, including, for example, the 6
requirements and responsibilities of persons who supervise 7
registrants undertaking the programs; 8
(c) fees, including the refunding of fees, for this Act; 9
(d) imposing a penalty of not more than 20 penalty units for a 10
contravention of a provision of a regulation. 11
(3) Without limiting subsection (2)(c), a regulation may prescribe 12
amounts as fees having regard to the costs of the board performing its 13
functions under, or complying with-- 14
(a) an Act in the legislative scheme; or 15
(b) another Act. 16
PART 11--REPEAL AND TRANSITIONAL 17
PROVISIONS 18
1--Repeal 19
Division
of Medical Act 1939 20
Repeal
279. The Medical Act 1939 (1939 Act No. 10) is repealed. 21
s 280 165 s 282
Medical Practitioners Registration
Division 2--Transitional provisions 1
for div 2 2
Definitions
280. In this division-- 3
"column 1 registration" see section 293(1). 4
"column 2 registration" see section 293(2). 5
"commencement" means commencement of this section. 6
"former board" means the Medical Board of Queensland under the 7
repealed Act. 8
"item", followed by a number, in relation to a column 1 or 2 registration, 9
means the column 1 or 2 registration identified in the table in 10
section 293(1) by the item number. 11
of certain orders made under repealed Act 12
Saving
281.(1) This section applies if immediately before the commencement an 13
order made by the former board under section 67(1) or (2), 68(1) or 69(1) 14
of the repealed Act is in force. 15
(2) The order, and any provisions of the repealed Act relating to the 16
order, continue to have effect as if this Act had not commenced. 17
(3) The person to whom the order was given must comply with the 18
order, unless the person has a reasonable excuse. 19
Maximum penalty for subsection (3)--30 penalty units. 20
to repealed Act or former board 21
References
282.(1) In an Act or document, a reference to the repealed Act may, if the 22
context permits, be taken as a reference to this Act. 23
(2) A reference in an Act or document to the former board may, if the 24
context permits, be taken as a reference to the board. 25
s 283 166 s 286
Medical Practitioners Registration
is the legal successor 1
Board
283.(1) The board is the successor in law of the former board. 2
(2) Sections 284 to 288 do not limit subsection (1). 3
and liabilities etc. 4
Assets
284. On the commencement-- 5
(a) the assets and liabilities of the former board become assets and 6
liabilities of the board; and 7
(b) any contracts entered into by or on behalf of the former board and 8
all guarantees, undertakings and securities given by or on behalf 9
of the former board, in force immediately before the 10
commencement, are taken to have been entered into or given by 11
or to the board and may be enforced against or by the board; and 12
(c) any property that, immediately before the commencement, was 13
held on trust, or subject to a condition, by the former board 14
continues to be held by the board on the same trusts, or subject to 15
the same condition. 16
agreements 17
Service
285. A service agreement entered into by the former board, in force 18
immediately before the commencement, is taken to have been entered into 19
by the board. 20
21
Proceedings
286. A proceeding that could have been started or continued by or against 22
the former board before the commencement may be started or continued by 23
or against the board. 24
s 287 167 s 289
Medical Practitioners Registration
with matter under Health Practitioners (Professional 1
Dealing
Standards) Act 1999 2
287. A matter that had started to be, or could have been, dealt with under 3
the Health Practitioners (Professional Standards) Act 1999 by the former 4
board before the commencement may be continued, or started, to be dealt 5
with by the board. 6
7
Offences
288.(1) Proceedings for an offence against the repealed Act may be 8
continued, or started by the board, and the provisions of the repealed Act 9
and the Medical Act and Other Acts (Administration) Act 1966 necessary or 10
convenient to be used in relation to the proceedings continue to apply, as if 11
this Act had not commenced. 12
(2) For subsection (1), the Acts Interpretation Act 1954, section 2057 13
applies, but does not limit the subsection. 14
(3) This section has effect despite the repeal of the Medical Act and Other 15
Acts (Administration) Act 1966. 16
of board 17
Membership
289.(1) From the commencement, the board consists of the existing 18
members. 19
(2) Also, the board may include other persons appointed by the Governor 20
in Council (the "additional members"). 21
(3) However, the first board must not consist of more than 11 members. 22
(4) An existing member, other than the chief health officer, holds office 23
as a member until the earlier of the following days-- 24
(a) the day the existing member's term of appointment under the 25
repealed Act would have ended if this Act had not commenced; 26
57 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act
etc.)
s 290 168 s 290
Medical Practitioners Registration
(b) if the existing member vacates office under this Act before the 1
day mentioned in paragraph (a), the day the existing member 2
vacates office. 3
(5) An additional member is to be appointed for a term that ends on or 4
before the day when the terms of appointment of the existing members, 5
other than the chief health officer, under the repealed Act would have ended 6
if this Act had not commenced. 7
(6) If a person, including an existing member, appointed to the board 8
under this section is a registrant, the person is taken to be an appointed 9
member and appointed registrant member. 10
(7) Subsection (6) does not apply to the chief health officer. 11
(8) If a person, including an existing member, appointed to the board 12
under this section is not a registrant, the person is taken to be an appointed 13
member. 14
(9) The chief health officer is always a member of the first board. 15
(10) The Governor in Council may appoint a person to fill the office of a 16
member of the first board if it is vacant. 17
(11) This section has effect despite sections 15 to 18 and 20.58 18
(12) In this section-- 19
"existing member" means a person who, immediately before the 20
commencement, held office as a member of the former board. 21
"first board" means the board as constituted under this section. 22
of board 23
Chairperson
290.(1) From the commencement, the existing president is taken to be 24
the chairperson of the board as constituted under section 289. 25
(2) The existing president ceases to hold office as the chairperson if the 26
existing president vacates the office of chairperson under this Act. 27
58 Sections 15 (Membership of board), 16 (Appointed registrant members), 17
(Public members), 18 (Certain nominee board members) and 20 (Term of
appointment)
s 291 169 s 292
Medical Practitioners Registration
(3) This section has effect despite section 19(1) and (3).59 1
(4) In this section-- 2
"existing president" means the person who, immediately before the 3
commencement, held office as the president of the former board. 4
chairperson of board 5
Deputy
291.(1) This section applies if a person-- 6
(a) was appointed, under section 8(8) of the repealed Act, as the 7
deputy president of the former board for a term; and 8
(b) is, immediately before the commencement, acting as president of 9
the former board. 10
(2) The person is taken to be the deputy chairperson of the board, as 11
constituted under section 289, from the commencement until the end of the 12
term. 13
(3) The person ceases to hold office as the deputy chairperson if the 14
person vacates the office of deputy chairperson under this Act. 15
(4) This section has effect despite section 19(1) and (3). 16
17
Appeals
292.(1) Subsection (2) applies if-- 18
(a) a person has appealed to the tribunal under repealed section 21 19
before the commencement against a determination of the former 20
board; and 21
(b) the appeal has not been decided before the commencement. 22
(2) The tribunal may hear, or continue to hear, and decide the appeal 23
under the repealed Act as if this Act had not commenced. 24
(3) Subsection (4) applies if-- 25
(a) immediately before the commencement a person could have 26
appealed to the tribunal under the repealed section 21 against a 27
59 Section 19 (Chairperson and deputy chairperson of board)
s 293 170 s 293
Medical Practitioners Registration
determination of the former board; and 1
(b) the person has not appealed before the commencement. 2
(4) The person may appeal, and the tribunal may hear and decide the 3
appeal, under the repealed Act as if this Act had not commenced. 4
(5) For giving effect to its decision under subsection (2) or (4), the 5
tribunal may make the orders it considers necessary having regard to the 6
provisions of this Act. 7
8
Example for subsection (5)--
9
On an appeal by a person against a determination of the former board to refuse the
10
person's application for registration under the repealed Act, the tribunal may order
11
that the board register the person under this Act.
(6) In this section-- 12
"repealed section 21" means section 21 of the repealed Act. 13
registrations 14
Existing
293.(1) This section applies to a person who immediately before the 15
commencement was registered, under the repealed Act, for a category of 16
registration mentioned in column 1 of the following table (the "column 1 17
registration")-- 18
Table 19
column 1 column 2
1. general registration as a medical general registration
practitioner, based on an
entitlement to registration stated
in section 17 of the repealed Act
2. conditional registration as a general registration
medical practitioner, based on an
entitlement to registration stated
in section 17A of the repealed
Act
s 293 171 s 293
Medical Practitioners Registration
3. conditional registration as a special purpose
medical practitioner under registration under
section 17C(a), (b), (c), (d), (f), section 132, 133, 134,
(g) or (h) of the repealed Act 135, 136, 137 or 138
4. conditional registration as a specialist registration in
medical practitioner, under the specialty
section 17C(e) of the repealed
Act, to practise a specialty
5. interim registration under provisional general
section 17D of the repealed Act registration
6. specialist registration in a specialist registration in
specialty, based on an entitlement the specialty.
to registration stated in section 18
of the repealed Act
(2) The person is taken to be registered for the category of registration 1
mentioned in column 2 of the table (the "column 2 registration") shown 2
opposite the column 1 registration. 3
(3) If the column 1 registration was, immediately before the 4
commencement, subject to conditions, the column 2 registration is taken to 5
be subject to the conditions. 6
(4) Despite section 56,60 the column 2 registration continues until the later 7
of the following days-- 8
(a) 30 September first happening after the commencement; 9
(b) the day that is 3 months after the commencement. 10
(5) However, subsection (4) stops applying if the column 2 registration is 11
surrendered or cancelled. 12
(6) Subsection (7) applies to a conditional registration as a medical 13
practitioner, under section 17A of the repealed Act, that is taken under 14
subsection (2) to be a general registration. 15
(7) The general registration is subject to the requirement that the registrant 16
undertake the period of internship or supervised training the registrant 17
60 Section 56 (Period)
s 294 172 s 295
Medical Practitioners Registration
would have been required to complete under the repealed Act if this Act had 1
not commenced. 2
(8) Subsection (9) applies to a conditional registration as a medical 3
practitioner, under section 17C(g) of the repealed Act, that is taken under 4
subsection (2) to be a special purpose registration. 5
(9) Section 140 does not apply to the special purpose registration. 6
(10) A regulation prescribing a branch of medicine to be a specialty (the 7
"new specialty") may state that the new specialty includes, or is the 8
equivalent of, a particular specialty prescribed under the repealed Act (the 9
"previous specialty"). 10
(11) Subsection (12) applies if a regulation is made under 11
subsection (10). 12
(12) For applying this section in relation to the previous specialty, a 13
reference in item 4 or 6, column 2, in subsection (1) to `the specialty' is 14
taken to be a reference to the new specialty. 15
of conditions imposed under repealed Act 16
Removal
294.(1) This section applies to conditions mentioned in section 293(3) 17
that were imposed, under the repealed Act, on an item 3 column 1 18
registration. 19
(2) Section 15061 applies to the conditions as if the conditions had been 20
imposed on the registration under this Act. 21
applications for certain column 1 registrations 22
Existing
295.(1) An application for a column 1 registration, other than an item 5 23
column registration, made under the repealed Act and not decided before the 24
commencement must be decided under this Act. 25
(2) The application is taken to be for the column 2 registration shown 26
opposite the column 1 registration. 27
61 Section 150 (Removal)
s 296 173 s 297
Medical Practitioners Registration
(3) Part 3, division 2, 9 or 1062 applies to the application. 1
(4) However, the provisions of this Act dealing with making the 2
application in the approved form and paying the application fee or 3
registration fee, that would otherwise apply do not apply to the application. 4
registrations 5
Suspended
296.(1) This section applies if a column 1 registration, other than an 6
item 5 column 1 registration, has been suspended under the repealed Act 7
and the period of suspension has not ended before the commencement. 8
(2) The suspension is taken to continue as a suspension of the column 2 9
registration shown opposite the column 1 registration. 10
of approvals for intern training 11
Continuation
297.(1) This section applies if, immediately before the commencement, a 12
hospital was-- 13
(a) an intern training hospital; or 14
(b) a secondment hospital. 15
(2) The person responsible for the clinical training of interns at the 16
hospital is taken to hold-- 17
(a) for an intern training hospital--an accreditation certificate for an 18
intern training program; and 19
(b) for a secondment hospital--an accreditation certificate for an 20
intern training secondment program. 21
(3) The accreditation certificate ceases to have effect 3 years after the 22
commencement. 23
(4) In this section-- 24
"intern training hospital" means a hospital approved by the former board 25
to provide a 12 month internship for persons registered under 26
section 17A of the repealed Act. 27
62 Part 3 (Registration), division 2 (Applications for general registration),
9 (Specialist registration) or 10 (Special purpose registrations)
s 298 174 s 300
Medical Practitioners Registration
"secondment hospital" means a hospital approved by the former board to 1
provide an internship, other than a 12 month internship, for persons 2
registered under section 17A of the repealed Act. 3
area of need 4
Unmet
298.(1) This section applies if, immediately before the commencement, 5
there was in effect a decision by the Minister, under section 17C(2) of the 6
repealed Act, that there is an unmet area of need relating to a medical 7
service. 8
(2) The decision is taken to be a decision by the Minister under 9
section 135 that there is an area of need for a medical service. 10
166 and 169 ineffective for 6 months 11
Sections
299.(1) Sections 166 and 16963 have no effect for 6 months after they 12
commence. 13
(2) However, a person may give the board a notice mentioned in 14
section 166 within the 6 month period. 15
16
Records
300.(1) This section applies if-- 17
(a) a registration was affected under the repealed Act; and 18
(b) immediately before the commencement, the former board held a 19
record of the details of the way the registration was affected and 20
the reason for it being affected. 21
(2) The record must be kept by the board for at least 10 years after the 22
commencement. 23
63 Sections 166 (Notification of business names etc.) and 169 (Information to
appear in advertisements)
s 301 175 s 301
Medical Practitioners Registration
Act has not been repealed 1
Certain
301.(1) This section applies if an Act mentioned in column 2 of the 2
following table (the "column 2 Act") has not been repealed-- 3
Table 4
column 1 column 2
Chiropractors Registration Act Chiropractors and Osteopaths Act 5
2000 1979
Dental Practitioners Registration Dental Act 1971 6
Act 2000
Dental Technicians and Dental Dental Technicians and Dental 7
Prosthetists Registration Act 2000 Prosthetists Act 1991
Occupational Therapists Occupational Therapists Act 1979 8
Registration Act 2000
Optometrists Registration Act 2000 Optometrists Act 1974
Osteopaths Registration Act 2000 Chiropractors and Osteopaths Act
1979
Pharmacists Registration Act 2000 Pharmacy Act 1976
Physiotherapists Registration Act Physiotherapists Act 1964 9
2000
Podiatrists Registration Act 2000 Podiatrists Act 1969
Psychologists Registration Act Psychologists Act 1977 10
2000
Speech Pathologists Registration Speech Pathologists Act 1979. 11
Act 2000
(2) A reference in schedule 3, definition "health practitioner registration 12
Act" to the Act mentioned in column 1 of the table shown opposite the 13
column 2 Act is taken to be a reference to the column 2 Act. 14
s 302 176 s 302
Medical Practitioners Registration
ART 12--CONSEQUENTIAL AMENDMENTS OF 1
P
ACTS 2
of Acts 3
Amendment
302. Schedule 2 amends the Acts mentioned in it. 4
5
177
Medical Practitioners Registration
SCHEDULE 1 1
¡
ECISIONS FOR WHICH INFORMATION NOTICES 2
D
MUST BE GIVEN 3
section 237(2) 4
Section Description of decision
51 Deciding to refuse to register an
applicant for general registration as
a general registrant
51, as applied by section 139 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
57(3)(b) Deciding to register a person as a
general registrant on
internship conditions
58 Deciding that a person does not
have relevant practical experience
in the profession and registering the
person as a general registrant on
supervised practice program
conditions
59 Deciding to register a person as a
general registrant on conditions and
deciding the review period applying
to the conditions
75 Deciding to refuse to renew a
general registration
75, as applied by section 78 Deciding to refuse to restore a
general registration
178
Medical Practitioners Registration
SCHEDULE 1 (continued)
75, as applied by section 124(1)(b) Deciding to refuse to renew a
specialist registration
75, as applied under Deciding to refuse to restore a 1
section 124(1)(c) specialist registration
75, as applied by section 144 Deciding to refuse to renew a
special purpose registration
76 Deciding to renew a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
76, as applied by section 78 Deciding to restore a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
76, as applied by section 124(1)(b) Deciding to renew a specialist
registration on recency of practice
conditions and deciding the review
period applying to the conditions
76, as applied under Deciding to restore a specialist 2
section 124(1)(c) registration on recency of practice
conditions and deciding the review
period applying to the conditions
88 Deciding to cancel a general
registration
88, as applied by section 124(1)(d) Deciding to cancel a specialist
registration
88, as applied by section 148 Deciding to cancel a special purpose
registration
94 Deciding to extend probationary
conditions on a general registration
179
Medical Practitioners Registration
SCHEDULE 1 (continued)
104 Deciding to confirm or change
conditions of a general registration
and deciding the review period
applying to the conditions
104, as applied by section 124(1)(e) Deciding to confirm or change
conditions on a specialist
registration and deciding the review
period applying to the conditions
114 Deciding to refuse to register an
applicant for specialist registration
in a specialty as a specialist
registrant in the specialty
121 Deciding to register an applicant as
a specialist registrant on conditions
and deciding the review period
applying to the conditions
141 Deciding to register a person as a
special purpose registrant on
conditions
146 Deciding to renew a special purpose
registration on conditions
153 Deciding to refuse to grant an
application for the replacement of a
certificate of registration
182 Deciding to refuse to accredit a
program
189 Deciding to refuse to renew an
accreditation
180
Medical Practitioners Registration
SCHEDULE 1 (continued)
194 Deciding to cancel an accreditation
197 Deciding to refuse to replace an
accreditation certificate
221(1)(c) Decision resulting in a thing being
forfeited to the State
1
181
Medical Practitioners Registration
SCHEDULE 2 1
¡
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 302 3
ACTS INTERPRETATION ACT 1954 4
´
1. Section 36, definition "medical practitioner", `Medical Act 1939, 5
section 4'-- 6
omit, insert-- 7
`Medical Practitioners Registration Act 2000, schedule 3'. 8
DOPTION OF CHILDREN ACT 1964 9
´A
1. Section 24(2) and (3), `legally qualified'-- 10
omit. 11
AMBULANCE SERVICE ACT 1991 12
´
1. Section 44(3)(f), `Medical Act 1939'-- 13
omit, insert-- 14
`Medical Practitioners Registration Act 2000'. 15
182
Medical Practitioners Registration
SCHEDULE 2 (continued)
2. Section 49(3)-- 1
omit, insert-- 2
`(3) In subsection (2)-- 3
"medical practitioner" includes a person registered under a law of another 4
State that provides for the same matter as the Medical Practitioners 5
Registration Act 2000 or a provision of that Act.'. 6
ORONERS ACT 1958 7
´C
1. Section 5, definition "medical practitioner"-- 8
omit, insert-- 9
` "medical practitioner" includes a person registered under a law of 10
another State that provides for the same matter as the Medical 11
Practitioners Registration Act 2000 or a provision of that Act.'. 12
RIMES (CONFISCATION) ACT 1989 13
´C
1. Section 58(3)(b), `legally qualified'-- 14
omit. 15
2. Section 69(2)(b), `legally qualified'-- 16
omit. 17
183
Medical Practitioners Registration
SCHEDULE 2 (continued)
CRIMINAL LAW AMENDMENT ACT 1945 1
´
1. Section 18(1)(a), (5)(b) and (6A)(b), `legally qualified'-- 2
omit. 3
2. Section 18(1)(a) and (4) `specially qualified in psychiatry'-- 4
omit, insert-- 5
`registered under the Medical Practitioners Registration Act 2000 as a 6
specialist registrant in the specialty of psychiatry'. 7
3. Section 18(8), `some legally qualified'-- 8
omit, insert-- 9
`a'. 10
4. Section 18(8A), `Any legally qualified'-- 11
omit, insert-- 12
`A'. 13
FREEDOM OF INFORMATION ACT 1992 14
´
1. Section 44(3) and (4), `qualified'-- 15
omit. 16
184
Medical Practitioners Registration
SCHEDULE 2 (continued)
HEALTH ACT 1937 1
´
1. Section 5, definition "health practitioner registration Act", `Medical 2
Act 1939'-- 3
omit, insert-- 4
`Medical Practitioners Registration Act 2000'. 5
HEALTH PRACTITIONER REGISTRATION BOARDS 6
´
(ADMINISTRATION) ACT 1999 7
1. Schedule, definition "health practitioner registration Act", `Medical 8
Act 1939'-- 9
omit, insert-- 10
`Medical Practitioners Registration Act 2000'. 11
HEALTH PRACTITIONERS (PROFESSIONAL 12
´
STANDARDS) ACT 1999 13
1. Schedule, definition "chairperson", paragraph (a)-- 14
omit. 15
2. Schedule, definition "health practitioner registration Act", `Medical 16
Act 1939'-- 17
omit, insert-- 18
`Medical Practitioners Registration Act 2000'. 19
185
Medical Practitioners Registration
SCHEDULE 2 (continued)
3. Schedule, definition "profession", paragraph (e), `Medical Act 1
1939'-- 2
omit, insert-- 3
`Medical Practitioners Registration Act 2000'. 4
EALTH PRACTITIONERS (SPECIAL EVENTS 5
´H
EXEMPTION) ACT 1998 6
1. Schedule, definition "health registration Act", `Medical Act 1939'-- 7
omit, insert-- 8
`Medical Practitioners Registration Act 2000'. 9
HEALTH RIGHTS COMMISSION ACT 1991 10
´
1. Schedule 2, item 4-- 11
omit, insert-- 12
`4. Medical Board of Queensland'. 13
186
Medical Practitioners Registration
SCHEDULE 2 (continued)
EALTH SERVICES ACT 1991 1
´H
1. Section 63(6), definition "health practitioner registration Act", 2
`Medical Act 1939'-- 3
omit, insert-- 4
`Medical Practitioners Registration Act 2000'. 5
NDY CAR GRAND PRIX ACT 1990 6
´I
1. Section 23(1), `Medical Act 1939'-- 7
omit, insert-- 8
`Medical Practitioners Registration Act 2000'. 9
2. Section 23(2)(b)-- 10
omit, insert-- 11
`(b) medicine;'. 12
LAW REFORM ACT 1995 13
´
1. Section 15, definition "medical practitioner"-- 14
omit, insert-- 15
` "medical practitioner" includes a person registered under a law of 16
another State that provides for the same matter as the Medical 17
Practitioners Registration Act 2000 or a provision of that Act.'. 18
187
Medical Practitioners Registration
SCHEDULE 2 (continued)
EDICAL ACT AND OTHER ACTS 1
´M
(ADMINISTRATION) ACT 1966 2
1. Title, "the Medical Act 1939,'-- 3
omit. 4
2. Section 4(1)(a)-- 5
omit. 6
MENTAL HEALTH ACT 1974 7
´
1. Section 5(1), definition "psychiatrist"-- 8
omit, insert-- 9
` "psychiatrist" means a person registered under the Medical Practitioners 10
Registration Act 2000 as a specialist registrant in the specialty of 11
psychiatry.'. 12
2. Section 71(4), `legally qualified'-- 13
omit. 14
3. Schedule 6, section 4(3), `specialists within the meaning of the 15
Medical Act 1939'-- 16
omit, insert-- 17
`persons registered as specialist registrants under the Medical 18
Practitioners Registration Act 2000'. 19
188
Medical Practitioners Registration
SCHEDULE 2 (continued)
ARLIAMENTARY CONTRIBUTORY 1
´P
SUPERANNUATION ACT 1970 2
1. Section 19(1), `legally qualified'-- 3
omit. 4
ETROLEUM ACT 1923 5
´P
1. Section 15(2)(c) and (4), `legally qualified'-- 6
omit. 7
RADIATION SAFETY ACT 1999 8
´
1. Schedule 2, definition "health practitioner registration Act", 9
`Medical Act 1939'-- 10
omit, insert-- 11
`Medical Practitioners Registration Act 2000'. 12
189
Medical Practitioners Registration
SCHEDULE 2 (continued)
REGISTRATION OF BIRTHS, DEATHS AND 1
´
MARRIAGES ACT 1962 2
1. Section 36, `Medical Act 1939, part 9'-- 3
omit, insert-- 4
`Transplantation and Anatomy Act 1979, part 5'. 5
TATE DEVELOPMENT AND PUBLIC WORKS 6
´S
ORGANISATION ACT 1971 7
1. Section 112(2)(b), `legally qualified'-- 8
omit. 9
RANSPLANTATION AND ANATOMY ACT 1979 10
´T
1. Section 38(2)-- 11
omit. 12
190
Medical Practitioners Registration
SCHEDULE 2 (continued)
ETERINARY SURGEONS ACT 1936 1
´V
1. Section 22D(1), `persons who are registered as medical practitioners 2
under the Medical Act 1939'-- 3
omit, insert-- 4
`medical practitioners'. 5
WORKCOVER QUEENSLAND ACT 1996 6
´
1. Section 430(2), `Medical Act 1939'-- 7
omit, insert-- 8
`Medical Practitioners Registration Act 2000'. 9
2. Schedule 3, definition "specialist"-- 10
omit, insert-- 11
` "specialist" means a person registered as a specialist registrant under the 12
Medical Practitioners Registration Act 2000.'. 13
14
191
Medical Practitioners Registration
SCHEDULE 3 1
¡
DICTIONARY 2
section 8 3
"accepted representations" see section 86(2). 4
"advertise" includes-- 5
(a) placing an entry in a directory; and 6
(b) displaying a sign; and 7
(c) using printed stationery. 8
"appellant" see section 237(1). 9
"application fee" see section 42(1)(c)(ii). 10
"appointed member" see section 15(1)(b). 11
"appointed registrant members" see section 15(2)(a). 12
"approved form" means a form approved by the board. 13
"assessment report" see section 48(1). 14
"Australian Medical Council" means the entity by the name of the 15
Australian Medical Council Incorporated, incorporated under the 16
Associations Incorporation Act 1991 (ACT). 17
"authorised person", for part 3, division 3, see section 61(1). 18
"board" means the Medical Board of Queensland. 19
"business name", of a business, means a name or style under which the 20
business is carried on. 21
"certificate of general registration" means a certificate of general 22
registration issued under part 3. 23
"certificate of provisional general registration" means a certificate of 24
provisional general registration issued under section 62(6). 25
"certificate of provisional specialist registration" means a certificate of 26
192
Medical Practitioners Registration
SCHEDULE 3 (continued)
provisional specialist registration issued under section 125. 1
"certificate of provisional special purpose registration" means a 2
certificate of provisional special purpose registration issued under 3
part 3, division 10. 4
"certificate of registration" means a certificate of general registration, 5
certificate of provisional general registration, certificate of specialist 6
registration, certificate of provisional specialist registration, certificate 7
of special purpose registration or certificate of provisional special 8
purpose registration. 9
"certificate of specialist registration" means a certificate of specialist 10
registration issued under part 3, division 9. 11
"certificate of special purpose registration" means a certificate of special 12
purpose registration issued under part 3, division 10. 13
"certified copy", of a certificate of registration, means a copy that is 14
certified by the board as being a true copy of the certificate. 15
"chairperson" means the chairperson of the board appointed under 16
section 19(1). 17
"chief health officer" means the chief health officer under the Health Act 18
1937. 19
"column 1 registration", for part 11, division 2, see section 280. 20
"column 2 registration", for part 11, division 2, see section 280. 21
"commencement", for part 11, division 2, see section 280. 22
"committee" means a committee of the board established under 23
section 33(1). 24
"convicted", of an offence, means being found guilty of the offence, on a 25
plea of guilty or otherwise, whether or not a conviction is recorded. 26
"corresponding law" means a law applying, or that applied, in another 27
State, the Commonwealth or a foreign country that provides, or 28
provided, for the same matter as-- 29
(a) a health practitioner registration Act or the Health Practitioners 30
(Professional Standards) Act 1999; or 31
193
Medical Practitioners Registration
SCHEDULE 3 (continued)
(b) a provision of a health practitioner registration Act or the Health 1
Practitioners (Professional Standards) Act 1999. 2
"declaration period", for part 10, division 3, see section 267. 3
"declared event", for part 10, division 3, see section 267. 4
"deputy chairperson" means the deputy chairperson of the board 5
appointed under section 19(1). 6
"document production requirement" see section 228(5). 7
"educational institution" means a university, training institution or 8
professional college engaged in the education of persons in the practice 9
of the profession. 10
"executive officer" means the executive officer appointed under the Health 11
Practitioner Registration Boards (Administration) Act 1999. 12
"executive officer", of a corporation, means a person who is concerned 13
with, or takes part in, the corporation's management, whether or not 14
the person is a director or the person's position is given the name of 15
executive officer. 16
"facsimile warrant" see section 210(4). 17
"foreign regulatory authority" means-- 18
(a) an interstate regulatory authority; or 19
(b) an entity established under a law applying in a foreign country, 20
other than New Zealand, having functions similar to the board's 21
functions under this Act or the Health Practitioners (Professional 22
Standards) Act 1999. 23
"former board", for part 11, division 2, see section 280. 24
"former registrant" means a person who was, but is not currently, 25
registered under part 3. 26
"general registrant" means a person registered, under part 3, as a general 27
registrant, but does not include a provisional general registrant. 28
"general registration" means registration of a person as a general 29
registrant under part 3. 30
194
Medical Practitioners Registration
SCHEDULE 3 (continued)
"general registration period"see section 56(1). 1
"health assessment", in relation to a person, includes-- 2
(a) a physical, medical, psychiatric or psychological examination or 3
test of the person; and 4
(b) asking questions to assess the person's mental and physical 5
health. 6
"Health Insurance Commission" means the Health Insurance 7
Commission established under the Health Insurance Commission Act 8
1973 (Cwlth), section 4. 9
"health practitioner registration Act" means any of the following Acts-- 10
· this Act 11
· Chiropractors Registration Act 2000 12
· Dental Practitioners Registration Act 2000 13
· Dental Technicians and Dental Prosthetists Registration Act 14
2000 15
· Medical Radiation Technologists Registration Act 2000 16
· Occupational Therapists Registration Act 2000 17
· Optometrists Registration Act 2000 18
· Osteopaths Registration Act 2000 19
· Pharmacists Registration Act 2000 20
· Physiotherapists Registration Act 2000 21
· Podiatrists Registration Act 2000 22
· Psychologists Registration Act 2000 23
· Speech Pathologists Registration Act 2000. 24
"health records", for part 10, division 1, see section 259. 25
"health service" means a service for maintaining, improving or restoring 26
people's health and wellbeing. 27
"impose", a condition, includes change or confirm the condition. 28
195
Medical Practitioners Registration
SCHEDULE 3 (continued)
"information notice", for a decision of the board or an inspector, is a 1
notice stating the following-- 2
(a) the decision; 3
(b) the reasons for the decision; 4
(c) that the person to whom the notice is given may appeal against the 5
decision within 28 days; 6
(d) how the person may appeal against the decision to the District 7
Court; 8
(e) if the decision is that a person be registered on conditions, other 9
than probationary conditions-- 10
(i) for a general or specialist registration--the review period 11
applying to the conditions; and 12
(ii) for conditions imposed because of the person's mental and 13
physical health, the details of which it has been decided 14
under section 59(4) to record in the register--the details that 15
must be recorded in the register for the period for which the 16
conditions are in force; 17
(f) if the decision is that a person be registered on probationary 18
conditions mentioned in section 57(3)(b)-- 19
(i) the part of the prescribed internship to be completed; and 20
(ii) the period in which the part of the prescribed internship is to 21
be completed; 22
(g) if the decision is that a general or specialist registration be 23
renewed or restored on recency of practice conditions, the review 24
period applying to the conditions; 25
(h) if the decision is that a registration be cancelled, a direction to the 26
person-- 27
(i) to return the certificate of registration to the board within 28
14 days after receiving the notice; and 29
(ii) for a decision that a specialist registrant's or provisional 30
specialist registrant's general registration be cancelled--to 31
196
Medical Practitioners Registration
SCHEDULE 3 (continued)
return the certificate of specialist registration or certificate of 1
provisional specialist registration to the board within 14 days 2
after receiving the notice; 3
(i) if the decision is that the conditions imposed on a general or 4
specialist registration be confirmed, the review period applying to 5
the confirmed conditions; 6
(j) if the decision is that the conditions imposed on a general or 7
specialist registration be changed-- 8
(i) the review period applying to the changed conditions; and 9
(ii) if the conditions were imposed because of the person's 10
mental and physical health and it is decided under 11
section 108(2) that details of the changed conditions must be 12
recorded in the register, the details that must be recorded in 13
the register for the period for which the changed conditions 14
are in force; and 15
(iii) a direction to the person to return the certificate of 16
registration to the board within 14 days after receiving the 17
notice; 18
(iv) for a decision that conditions on a specialist registrant's 19
general registration be changed--a direction to the person to 20
return the certificate of specialist registration to the board 21
within 14 days after receiving the notice; 22
(k) if the decision is to refuse to renew, or to cancel, accreditation of a 23
program, a direction to the holder of the accreditation certificate 24
for the program to return the certificate to the board within 25
14 days after receiving the notice. 26
"inspector" means a person who is appointed as an inspector under 27
section 201. 28
"intern" means a person registered as a general registrant on internship 29
conditions. 30
"internship", for the profession, means a program of practical experience 31
and training in the practice of the profession. 32
197
Medical Practitioners Registration
SCHEDULE 3 (continued)
"internship conditions" means conditions mentioned in section 57(3) and 1
includes those conditions extended under section 94(1)(b)(ii). 2
"internship report", for a general registrant registered on internship 3
conditions, means a report-- 4
(a) providing an assessment of the registrant's competence to practise 5
the profession as demonstrated while undertaking an internship; 6
and 7
(b) in the approved form. 8
"intern training program" means a program that provides a 1 year 9
internship. 10
"intern training secondment program" means a program that provides 11
part of an internship. 12
"interstate law", for part 10, division 3, see section 267. 13
"interstate regulatory authority" means an entity established under the 14
law of another State or New Zealand having functions similar to the 15
board's functions under this Act or the Health Practitioners 16
(Professional Standards) Act 1999. 17
"item", for part 11, division 2, see section 280. 18
"legislative scheme" see section 4. 19
"local practitioner", for part 10, division 3, see section 267. 20
"medical condition" includes substance abuse or dependence. 21
"medical practitioner" means a person registered under this Act. 22
"member" means a member of the board. 23
"notice" means written notice. 24
"occupier", of a place, includes a person who reasonably appears to be an 25
occupier, or in charge, of the place. 26
"office" means the Office of Health Practitioner Registration Boards under 27
the Health Practitioner Registration Boards (Administration) Act 28
1999. 29
"original decision" see section 237(1). 30
198
Medical Practitioners Registration
SCHEDULE 3 (continued)
"participant", for part 10, division 3, see section 267. 1
"personal details requirement" see section 226(5). 2
"place" includes premises, vacant land and a vehicle. 3
"place of seizure" see section 217. 4
"possess", a health record, for part 10, division 1, see section 259. 5
"premises" includes-- 6
(a) a building or other structure; and 7
(b) a part of a building or other structure; and 8
(c) land where a building or other structure is situated. 9
"prepare", for part 10, division 3, see section 267. 10
"probationary conditions" means internship conditions or supervised 11
practice program conditions. 12
"profession" means the medical profession. 13
"professional service" means a medical service, including a specialist 14
medical service. 15
"program", for part 5, see section 178. 16
"provisional general registrant" means a person registered, under 17
section 62, as a provisional general registrant. 18
"provisional general registration" means registration of a person as a 19
provisional general registrant under section 62. 20
"provisional specialist registrant" means a person registered, under 21
section 125, as a provisional specialist registrant. 22
"provisional specialist registration" means registration of a person as a 23
provisional specialist registrant under section 125. 24
"provisional special purpose registrant" means a person registered, 25
under part 3, division 10, as a provisional special purpose registrant. 26
"provisional special purpose registration" means registration of a person 27
as a provisional special purpose registrant under part 3, division 10. 28
"public members" see section 15(2)(b). 29
199
Medical Practitioners Registration
SCHEDULE 3 (continued)
"public place" means a place that the public is entitled to use, is open to the 1
public or is used by the public (whether or not on payment of money). 2
"recency of practice conditions" see section 76(2). 3
"recency of practice requirements" see section 70. 4
"register" means the register kept under section 254. 5
"registrant" means a person registered under part 3. 6
"registrant member" means the chief health officer or an appointed 7
registrant member. 8
"registration" means registration under part 3. 9
"registration fee" see section 42(1)(c)(iii). 10
"renewable registration" means a general registration, special purpose 11
registration or specialist registration. 12
"repealed Act" means the Medical Act 1939. 13
"restoration fee" see section 80(1)(b)(i). 14
"restricted specialist title", for a specialty, means a title that consists of or 15
includes words prescribed under a regulation for the specialty. 16
"restricted title" means a title that consists of, or includes, the words 17
`medical practitioner'. 18
"review period", applying to conditions imposed by the board or the 19
District Court on a general registration or specialist registration, means 20
the period, not more than 3 years after the decision to impose the 21
conditions takes effect, within which the registrant may not apply for a 22
review of the conditions under part 3. 23
"service agreement" means an agreement made under the Health 24
Practitioner Registration Boards (Administration) Act 1999, between 25
the executive officer and the board, for the provision of administrative 26
and operational support by the office to the board. 27
"show cause notice" means-- 28
(a) for part 3, division 6--see section 85(1); 29
(b) for part 5, division 4--see section 191(1). 30
200
Medical Practitioners Registration
SCHEDULE 3 (continued)
"show cause period" means-- 1
(a) for part 3, division 6--see section 85(2)(d); 2
(b) for part 5, division 4--see section 191(2)(d). 3
"specialist application fee" see section 110(1)(c)(ii). 4
"specialist registrant" means a person registered, under part 3, division 9, 5
as a specialist registrant. 6
"specialist registration" means registration of a person as a specialist 7
registrant under part 3, division 9. 8
"specialist registration fee" see section 110(1)(c)(iii). 9
"special purpose registrant" means a person registered, under part 3, 10
division 8, as a special purpose registrant, but does not include a 11
provisional special purpose registrant. 12
"special purpose registration" means registration of a person as a special 13
purpose registrant under part 3, division 10. 14
"specialty" means a branch of medicine prescribed under a regulation to be 15
a specialty. 16
"supervised practice program", for a person, means a program that-- 17
(a) provides the person experience in the practice of the profession in 18
a professional practice setting; and 19
(b) is supervised by a registrant. 20
"supervised practice program conditions" means conditions mentioned 21
in section 58(3) and includes those conditions extended under 22
section 94(1)(b)(ii). 23
"supervised practice program report", for a general registrant registered 24
on supervised practice program conditions, means a report-- 25
(a) providing an assessment of the registrant's competence to practise 26
the profession, as demonstrated while undertaking the program 27
approved by the board for the registrant; and 28
(b) in the approved form. 29
201
Medical Practitioners Registration
SCHEDULE 3 (continued)
"tribunal" means the Health Practitioners Tribunal established under the 1
Health Practitioners (Professional Standards) Act 1999, section 26. 2
"user", of a registrant's services, includes a person who used the services. 3
"visiting practitioner", for part 10, division 3, see section 267. 4
"warrant form" see section 210(5)(b). 5
6
© State of Queensland 2000
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