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Medical Board (Administration) Bill 2006
Medical Board (Administration) Bill 2006
Explanatory Notes
Title of the Bill
Medical Board (Administration) Bill 2006
Objectives of the Bill
The primary objective of the Bill is to facilitate the provision of responsive
administrative and operational support to the Medical Board of Queensland
(the Board).
Achievement of the Objectives
The policy objectives of the Bill will be achieved principally by
establishing an independent statutory body known as the Office of the
Medical Board (the Office). The Office will comprise an executive officer
and staff of the Office. The core business of the Office will be to provide
support services exclusively to the Board in accordance with a service
agreement negotiated with the Board.
Alternative Ways of Achieving Policy Objectives
Alternative ways of achieving the policy objects were considered.
However, the policy objectives dealt with in the Bill are required to be
effected by legislation.
Estimated Cost for Government Implementation
Implementation costs will be confined to the costs of establishing, funding
and administering the new Office. As with the current Office of the Health
Practitioner Registration Boards, future funding requirements are offset by
revenue raised through registration and like fees.
Consistency with Fundamental Legislative Principles
The Bill is consistent with the fundamental legislative principles set out in
the Legislative Standards Act 1992.
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Medical Board (Administration) Bill 2006
Consultation
Consultation in relation to the draft Bill was carried out with key
stakeholders who comprised the following:
Community
� Medical Board of Queensland;
� Australian Medical Association (Qld Branch);
� Health Quality and Complaints Commission.
Government
� Department of the Premier and Cabinet;
� Department of Justice and Attorney-General;
� Queensland Police Service;
� Office of the Health Practitioner Registration Boards;
� Medical Board of Queensland;
� Office of the Parliamentary Counsel.
Notes on Provisions
Part 1 Preliminary
Clause 1 sets out the short title of the Act.
Clause 2 provides that the Act commences on a day to be fixed by
proclamation.
Clause 3 sets out the main object of the Act. The object is to establish
administrative arrangements to help the Board to perform its functions.
These functions are primarily set out under the Medical Practitioners
Registration Act 2001 and the Health Practitioners (Professional
Standards) Act 1999. Clause 3 also provides that the object of the Act is to
be achieved principally by establishing the Office.
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Medical Board (Administration) Bill 2006
Clause 4 provides that particular words used in the Act are defined in the
dictionary in the schedule to the Act.
Clause 5 explains that the Act forms part of a legislative scheme and is to
be read in conjunction with the other legislation comprising the scheme,
namely the health practitioner registration Acts, the Health Practitioner
Registration Boards (Administration) Act 1999 and the Health
Practitioners (Professional Standards) Act 1999. The health practitioner
registration Acts are specified in the definition of this term which appears
in the dictionary in the schedule to the Act.
Clause 6 provides that the Act binds the State.
Part 2 Office of The Medical Board Of
Queensland
Division 1 Establishment
Clause 7 establishes an independent statutory body known as the Office of
the Medical Board of Queensland which comprises an executive officer and
staff. The terms `executive officer' and `Office' are defined in the
dictionary in the schedule to the Act.
Division 2 Office's function
Clause 8 sets out the function of the Office. The Office's function is to
provide the administrative and operational support necessary or convenient
to help the Board to perform its functions. The terms `administrative and
operational support' and `Board' are defined in the dictionary in the
schedule to the Act.
Having regard to the definition of `administrative and operational support',
the Office's function includes:
� providing general administrative support to the Board, including
secretariat services;
� maintaining the Board's register;
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Medical Board (Administration) Bill 2006
� collecting moneys payable to the Board and managing and disbursing
Board funds for the Board;
� providing and maintaining accommodation and equipment for use by
the Board;
� providing and/or arranging for the provision of advice (including legal
advice) to the Board;
� helping the Board meet its statutory financial obligations, for
example, to prepare annual financial statements and annual reports;
� performing other functions conferred on the executive officer or staff
or delegated by the Board under the Health Practitioners
(Professional Standards) Act 1999, the Medical Practitioners
Registration Act 2001 or another Act.
Division 3 Minister's powers in relation to Office
Clause 9 specifies the Minister's powers in relation to the Office. To
enhance the accountability of the Office, the Minister has the power to
direct the executive officer in relation to the administration and operation
of the Office. The Minister may give a written direction under this
provision, including a direction to provide reports and information, if the
Minister is satisfied that it is necessary in the public interest to do so. The
executive officer must comply with the Minister's direction.
The Minister's powers in relation to the Office are balanced by a
requirement to publicly report on directions given under this provision. The
reporting requirement, which applies to all Ministerial directions given to
the executive officer under this Act, is set out in clause 32 below.
Division 4 The executive officer
Clause 10 provides for the statutory appointment of an `executive officer'.
The executive officer is appointed by the Governor-in-Council for a term
not exceeding five years. The Public Service Act 1996 does not apply to the
appointment of `executive officer'. This means that the executive officer is
not a public service employee.
Clause 11 contains appointment provisions for a Governor-in-Council
appointment. In practice, the executive officer could be appointed on terms
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Medical Board (Administration) Bill 2006
and conditions equivalent to those of a similarly classified senior public
servant.
Clause 12 sets out the executive officer's functions. The effect of this
clause is to vest control of the Office in the executive officer and to make
the executive officer responsible and accountable for ensuring that the
Office functions efficiently and effectively. However, it should be noted
that the executive officer is subject to the Ministerial power of direction in
relation to the administration and operation of the Office discussed in
clause 9 (above).
Clause 12 provides examples of the scope of the executive officer's
responsibilities under this clause, including management responsibilities;
ensuring the Office complies with its statutory financial obligations;
negotiating and implementing service agreements; and providing
orientation training to new Board members about their role and the
legislative scheme.
The executive officer may also perform other functions given to or
conferred on the executive officer under another Act, for example under the
Health Practitioners (Professional Standards) Act 1999.
The term `service agreement' is defined in the dictionary in the schedule to
the Act.
Clause 13 gives the executive officer power to do anything necessary or
convenient for the performance of the Office's function under clause 8 and
the executive officer's functions under clause 12, including power to enter
into a service agreement with the Board and to engage external service
providers. This provision enables the executive officer to enter into a range
of contractual arrangements such as lease agreements for accommodation
and equipment. The executive officer may also exercise other powers
conferred on the executive officer under another Act, for example under a
health practitioner registration Act.
Clause 14 provides that the executive officer represents the State. This
means that when performing a function or exercising a power under this
Act, the executive officer acts for the State.
Clause 15 provides for the delegation of the executive officer's functions
under this Act (excluding the power to enter into a service agreement with
the Board or a delegated power under section 135 of the Medical
Practitioners Registration Act 2001) to an appropriately qualified member
of staff of the Office.
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Medical Board (Administration) Bill 2006
Subclause 15(3) requires the recipient of a delegation under this provision
to have appropriate qualifications, experience or standing.
Clause 16 provides for the resignation of the executive officer by giving
signed notice to the Minister.
Clause 17 sets out the circumstances in which the Governor-in-Council
may terminate the executive officer's appointment.
Clause 18 sets out the rights and entitlements of a person who, prior to
being appointed as executive officer, was a public service officer under the
Public Service Act 1996. The effect of clause 18 is to preserve the rights,
such as long service leave entitlements, that have and would accrue to the
person in his or her capacity as a public service officer. Clause 18 also
entitles the person to be employed as a public service officer, on specified
conditions, at the end of the person's term of appointment as executive
officer or on resignation. For the purpose of determining these rights and
entitlements, the person's service as executive officer is treated as service
of a like nature in the public service.
Clause 19 sets out the superannuation entitlements of a person who,
immediately prior to being appointed as executive officer, was a public
service officer and a member of the State Public Sector Superannuation
Scheme. The effect of clause 19 is to preserve the person's eligibility for
membership of the State Public Sector Superannuation Scheme under the
Superannuation (State Public Sector) Act 1990.
Clause 20 sets out the circumstances in which the Minister may appoint a
person to act as executive officer.
Division 5 Staff of the Office
Clause 21 provides that the Office's staff are to be employed under the
Public Service Act 1996. This means that the staff of the Office will have
status as public service employees.
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Medical Board (Administration) Bill 2006
Part 3 Office's Relationship with the
Board
Division 1 Administrative and operational
support to the Board
Clause 22 sets out the Office's obligation to provide administrative and
operational support to the Board. The Office must provide such support
according to the terms of a service agreement between the executive officer
and the Board. Division 2 of this Part specifies form and content
requirements for service agreements.
It should be noted that the provision of administrative and operational
support to the Board during the transition to the new arrangements
established by the Act is dealt with in Part 5 of the Act (discussed below).
Clause 23 sets out the obligation of the Board to obtain all of its
administrative and operational support from the Office. To remove any
doubt, subclauses 23(2) and 23(3) provide that this obligation does not
affect the Board's power to:
� establish a committee, for example, an advisory committee under the
Medical Practitioners Registration Act 2001 or an investigation
committee under the Health Practitioners (Professional Standards)
Act 1999;
� appoint an inspector or an investigator under the Health Practitioners
(Professional Standards) Act 1999;
� engage a person to carry out a health assessment of a registrant under
the Medical Practitioners Registration Act 2001;
� engage a person to provide expert advice to the Board under the
Health Practitioners (Professional Standards) Act 1999; and
� receive advice or information from a Board member.
Subclause 23(4) also permits the Board to engage a person to help the
Board in negotiating a service agreement with the Office. This provision
addresses concerns that it would not be appropriate for the Board to rely on
support from staff employed by the Office in negotiations with the
executive officer for a service agreement.
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Medical Board (Administration) Bill 2006
Clause 24 provides a limited exception to the requirement that the Board
must participate in the administrative arrangements established by the Act.
In circumstances where the Minister is satisfied that the Office is unable to
provide an appropriate level of administrative and operational support to
the Board, the Minister may authorise the Board to obtain support services
from another source approved by the Minister.
An appropriate level of administrative and operational support is the
support necessary to help the Board to perform its functions under the
Medical Practitioners Registration Act 2001, the Health Practitioners
(Professional Standards) Act 1999 or any other Act (for example, the
Financial Administration and Audit Act 1977 which imposes financial
obligations on certain statutory bodies). In order to determine what
constitutes an appropriate level of support for the Board, regard must be
had to the Board's particular functions.
The exception provided by this clause is limited to circumstances in which:
(a) there is an existing service agreement between the executive officer and
the Board. The term `existing service agreement' is defined in the
dictionary in the schedule to the Act.
The exception is not available in circumstances where the executive officer
and the Board are merely negotiating an initial or subsequent service
agreement. These circumstances are addressed in clauses 29 and 35
(discussed below); and
(b) the Office cannot adequately accommodate the Board's reasonable
needs. The exception is not intended to allow the Board to seek to obtain an
unrealistic or unwarranted level of support from either the Office or from
another source.
This intention is reflected in subclause 24(2) which sets out the criteria the
Minister must consider when determining whether the Office is unable to
provide an appropriate level of support to the Board. These criteria provide
an objective means of determining the Board's reasonable needs (and
therefore what constitutes an appropriate level of support for the Board)
and the extent to which the Office can accommodate those needs.
Clause 25 provides the Minister with power to direct the executive officer
and/or the Board for the limited purpose of giving effect to an authorisation
under clause 24. The executive officer and/or the Board (as the case may
be) must comply with the direction. The Minister's powers under this
clause are balanced by a requirement to publicly report on directions given
under this provision. The reporting requirement is set out in clause 32
below.
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Medical Board (Administration) Bill 2006
Division 2 Form of Service Agreements
Clause 26 requires a service agreement to be in writing.
Clause 27 sets out the matters which must be addressed in a service
agreement. A service agreement must state anything which the executive
officer and the Board considers necessary to ensure the provision of the
administrative and operational support necessary to help the Board to
perform its functions.
Subclause 27(2) identifies the `core' matters which must be addressed in a
service agreement. These matters include the term of the agreement (not
exceeding three years); the nature and level of service delivery to be
provided by the Office to the Board; the amount payable to the Office for
the provision of its services; financial reporting arrangements and
performance measures. These are the minimum matters considered
necessary to facilitate the provision of an appropriate level of
administrative and operational support to the Board. There is nothing to
prevent the executive officer and the Board from including additional
matters in a service agreement.
Division 3 Negotiation of subsequent service
agreements
Division 3 sets out procedures for negotiating service agreements other
than the first service agreements entered into between the executive officer
and the Board after the commencement of the Act. These procedures are
designed to ensure that negotiations between the executive officer and the
Board do not become protracted and to avoid a situation where the existing
service agreement lapses without a subsequent service agreement to
replace it. The procedures for negotiating initial service agreements are
dealt with in Part 5 of the Act (discussed below).
Clause 28 requires the executive officer and the Board to commence
negotiations for a subsequent service agreement by no later than three
months before the existing service agreement expires. Subclause 28(2)
requires both the executive officer and the Board to attempt to agree on the
terms of a subsequent service agreement by no later than one month before
the existing service agreement expires.
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Medical Board (Administration) Bill 2006
Clause 29 sets out what happens if the executive officer and the Board are
unable to comply with the requirement contained in subclause 28(2). The
executive officer must immediately inform the Minister that the executive
officer and the Board are unable to reach agreement on the terms of a
subsequent agreement. Upon receiving the executive officer's notification,
the Minister may direct the executive officer and/or the Board in relation to
the subsequent service agreement. The executive officer and/or the Board
(as the case may be) must comply with the Minister's direction
immediately. The Minister's powers under this clause are balanced by a
requirement to publicly report on directions given under this provision. The
reporting requirements are set out in clause 32 below.
Part 4 Miscellaneous
Clause 30 provides that the Office is a statutory body for the purpose of the
Financial Administration and Audit Act 1977 (`the FA&A Act'). The effect
of clause 30 is to apply the provisions of the FA&A Act, which deals with
the financial administration and audit of statutory bodies, to the Office.
For example, under the FA&A Act the Office will be required to prepare
annual financial statements and an annual report. Subclause 30(2) clarifies
the operation of the FA&A Act in relation to the Office and the executive
officer.
Clause 31 provides that the Office is a statutory body for the purpose of the
Statutory Bodies Financial Arrangements Act 1982 (`the SBFA Act'). The
effect of clause 31 is to apply the provisions of the SBFA Act to the Office.
For example, the SBFA Act gives the Office power to operate a deposit and
withdrawal account with a financial institution to the extent necessary or
convenient for its day-to-day operations. In order to operate such an
account with an overdraft facility, the SBFA Act requires the Office to
obtain the Treasurer's approval to do so. Subclause 31(2) clarifies the
operation of the SBFA Act in relation to the Office and the executive
officer.
Clause 32 requires that copies of all Ministerial directions given to the
executive officer under this Act during a financial year must be included in
the Office's annual report for that financial year.
Clause 33 provides that the Governor-in-Council may make regulations
under the Act.
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Medical Board (Administration) Bill 2006
Part 5 Transitional Provisions
Part 5 of the Act sets out procedures and timeframes for negotiating the
first service agreement entered into between the executive officer and the
Board after the commencement of the Act. This Part requires the initial
service agreement to start within three months of the commencement of
clause 34 (discussed below). These procedures and associated timeframes
are designed to facilitate prompt implementation of the administrative
arrangements established by the Act and to minimise any potential
disruption to Board services that could arise if negotiations between the
executive officer and the Board become protracted during the
implementation phase.
Clause 34 sets out what the terms `commencement', `initial service
agreement' `Office of Health Practitioner Registration Boards", "previous
agreement" and "transition period" mean for the purposes of Part 5 of the
Act.
Clause 35 provides that the executive officer and the Board must
commence negotiations for an initial service agreement as soon as
practicable after the commencement of clause 34 of the Act. It is intended
that clause 34 will commence operation on, or shortly after, the
appointment of the first executive officer. The commencement of this
clause is relevant to the timeframe for negotiating initial service
agreements under this Part.
Clause 36 sets out what happens if the executive officer and the Board are
unable to reach agreement on the terms of an initial service agreement
within three months after the commencement of clause 34. The executive
officer must immediately inform the Minister if the executive officer and
the Board are unable to reach agreement on the terms of an initial
agreement.
Upon receiving the executive officer's notification, the Minister may direct
the executive officer and/or the Board in relation to the initial service
agreement. The executive officer and/or the Board (as the case may be)
must comply with the Minister's direction immediately.
Clause 37 provides for the termination of any previous service agreement
made between the Board and the Office of the Health Practitioner
Registration Boards (OHPRB) upon the commencement of Clause 34. The
purpose of this provision is to enable the Board to acquire its services
directly from one service provider - the Office, under one service
agreement.
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Medical Board (Administration) Bill 2006
Clause 37(2) preserves any rights of the Board and the OHPRB that have
accrued to either under the terminated agreement.
Clause 38 sets out transitional arrangements for the provision of
administrative and operational support to the Board pending the start of the
initial service agreement. These arrangements will ensure continuous
service provision to the Board during the transition from the current
arrangements to the start of the initial service agreement under clause 35 of
the Act.
In summary, the transitional arrangements:
� apply despite the Office's obligation under clause 22 to provide
administrative and operational support to the Board under a service
agreement
� apply only for the duration of the `transition period'. The term
`transition period' is defined in clause 34 to mean the period from the
commencement of clause 34 to the start of the initial service
agreement under clause 35; and
� require the Office to provide the specified level of administrative and
operational support.
These requirements will minimise any potential disruption to Board
services and ensure that the Board receives the same level of support
provided by the OHPRB under a previous service agreement and to meet
the Board's responsibilities under the Medical Practitioners Registration
Act 2001 and the Health Practitioners (Professional Standards) Act 1999
during the transition period.
Clause 39 provides a limited exception to the requirement that the Office is
to provide the Board with administrative and operational support during the
transition period where the Minister is satisfied that the Office can not
provide that support. Should this circumstance arise, the Minister may
authorise the Board to obtain support services from another source
approved by the Minister. For example, the Minister may direct the Board
to obtain these services from the OHPRB on the same terms as the previous
agreement between the Board and the OHPRB.
The exception is not intended to allow the Board to seek to obtain a level of
support from the Office in excess of what was previously provided to the
Board by the OHPRB.
This intention is reflected in subclause 39(3) which sets out the criteria the
Minister must consider when determining whether the Office is unable to
provide an appropriate level of support to the Board. These criteria provide
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Medical Board (Administration) Bill 2006
an objective means of determining the Board's reasonable needs (and
therefore what constitutes an appropriate level of support for the Board)
and the extent to which the Office can accommodate those needs.
Clause 40 provides the Minister with power to direct the executive officer
and/or the Board for the limited purpose of giving effect to an authorisation
under clause 39. The executive officer and/or the Board (as the case may
be) must comply with the direction. The Minister's powers under this
clause are balanced by a requirement to publicly report on directions given
under this provision. The reporting requirements are set out in clause 32
above.
Clause 41 provides that the executive officer of the OHPRB must comply
with a written direction issued by the Minister to the executive officer to
give effect to an authorisation issued by the Minister under Clause 39 for
the Board to access support services from the OHPRB. Subclause 41(4)
clarifies that to give effect to the authorisation, the OHPRB is to provide
administrative and operational support services to the Board.
Part 6 Amendment of Acts
Clause 42 provides that the Acts listed in Schedule 1 of the Act are
amended.
Schedule 1
Schedule 1 lists the Acts that are consequentially amended. The
amendments to the Acts listed are of a technical nature and reflect the
establishment of the Office of the Medical Board of Queensland.
Schedule 2
Schedule 2 defines certain terms used in the Act.
� State of Queensland 2006