Queensland Numbered Acts Queensland Numbered ActsPart 13—
insert—
'In this division—
amending Act means the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 .
commencement means the commencement of this section.
former board—
(a) in relation to the medical radiation technology profession, means the Medical Radiation Technologists Board of Queensland established under the repealed Medical Radiation Technologists Registration Act 2001; or
(b) in relation to the occupational therapy profession, means the Occupational Therapists Board of Queensland established under the repealed Occupational Therapists Registration Act 2001.
NRAS health profession means a profession mentioned in the National Law (Queensland), section 5, definition health profession, paragraph (f) or (h).
repealed health practitioner registration Act means either of the following Acts—
* the repealed Medical Radiation Technologists Registration Act 2001
* the repealed Occupational Therapists Registration Act 2001.
'(1) An existing panel of assessors is, at the commencement, taken to be a professional panel of assessors of the same name under section 398ZL.
'(2) Without limiting subsection (1), a person who was a member of an existing panel of assessors immediately before the commencement—
(a) is, at the commencement, taken to be a member of a professional panel of assessors of the same name under section 398ZL; and
(b) holds the office—
(i) on the same terms and conditions that applied to the person under this Act as in force immediately before the commencement; and
(ii) until the day the person's term of appointment under this Act as in force immediately before the commencement would have ended or the earlier day the person otherwise vacates the office under this Act.
'(3) In this section—
existing panel of assessors means a professional panel of assessors under section 39(b)(ii) or (iii) of this Act as in force immediately before the commencement.
'(1) This section provides for the application of the National Law (Queensland), section 289 to the following—
(a) an existing complaint;
(b) any proceedings or appeal relating to an existing complaint.
'(2) The National Law (Queensland), section 289 applies to an existing complaint, and any proceedings or appeal relating to an existing complaint, as if the reference in subsection (2)(b) of that section to the application of an Act of a participating jurisdiction as if that Act had not been repealed included, for the existing complaint, a reference to the application of this Act as if it had not been amended by the amending Act.
'(3) For applying the National Law (Queensland), section 289 to an existing complaint made to a former board—
(a) the board does not complete dealing with the existing complaint until—
(i) the time for exercising any review rights or appeal rights in relation to the existing complaint has passed without any rights being exercised; or
(ii) any review or appeal in relation to the existing complaint has ended; and
(b) this Act must be read as if sections 12(1) and 13 do not apply to a national board dealing with the existing complaint under the National Law (Queensland), section 289.
'(4) Also, to remove any doubt, it is declared that the QCAT Act continues to apply in relation to—
(a) any proceeding by the tribunal under the National Law (Queensland), section 289 as applied by this section; and
(b) any appeal against the tribunal's decision in the proceeding.
'(5) The fee that, before the commencement, would have been payable under the QCAT Act in relation to a proceeding or appeal mentioned in subsection (4) continues to be payable in relation to the proceeding or appeal.
'(6) In this section—
existing complaint means a complaint under this Act as in force before the commencement, about a person registered in a NRAS health profession by a former board, that the former board had started but had not completed dealing with immediately before the commencement.
'(1) This section provides for the application of the National Law (Queensland), section 289 to the following—
(a) an existing non-complaint disciplinary matter;
(b) any proceedings or appeal relating to an existing non-complaint disciplinary matter.
'(2) The National Law (Queensland), section 289 applies to an existing non-complaint disciplinary matter, and any proceedings or appeal relating to an existing non-complaint disciplinary matter, as if—
(a) subsection (1) of that section provided that it also applied to an existing non-complaint disciplinary matter; and
(b) the reference in subsection (2)(b) of that section to the application of an Act of a participating jurisdiction as if that Act had not been repealed included, for an existing non-complaint disciplinary matter, a reference to the application of this Act as if it had not been amended by the amending Act.
'(3) For applying the National Law (Queensland), section 289 to an existing non-complaint disciplinary matter before a former board—
(a) the board does not complete dealing with the matter until—
(i) the time for exercising any review rights or appeal rights in relation to the matter has passed without any rights being exercised; or
(ii) any review or appeal in relation to the matter has ended; and
(b) this Act must be read as if sections 12(1) and 13 do not apply to a national board dealing with the matter under the National Law (Queensland), section 289.
'(4) Also, to remove any doubt, it is declared that the QCAT Act continues to apply in relation to—
(a) any proceeding by the tribunal under National Law (Queensland), section 289 as applied by this section; and
(b) any appeal against the tribunal's decision in the proceeding.
'(5) The fee that, before the commencement, would have been payable under the QCAT Act in relation to a proceeding or appeal mentioned in subsection (4) continues to be payable in relation to the proceeding or appeal.
'(6) In this section—
existing non-complaint disciplinary matter means a disciplinary matter under this Act as in force before the commencement, started other than on the basis of a complaint, about a person registered in a NRAS health profession by a former board that the former board had started but had not completed dealing with immediately before the commencement.
'(1) The tribunal must hear, or continue to hear, and decide an existing QCAT proceeding under the relevant Act as if the Act had not been repealed by the amending Act.
'(2) If there is an existing appeal before an appeal entity, the entity must hear, or continue to hear, and decide the appeal under the relevant Act as if the Act had not been repealed by the amending Act.
'(3) If a former board was a party to an existing QCAT proceeding or an existing appeal, the national board for the profession for which the former board was established takes the former board's place in the proceeding or appeal.
'(4) The National Law (Queensland), sections 204 and 205 apply in relation to a decision of the tribunal made in an existing QCAT proceeding.
'(5) In this section—
appeal entity means the appeal tribunal under the QCAT Act or the Court of Appeal.
disciplinary proceeding means a disciplinary proceeding under this Act as in force before the commencement relating to a NRAS registrant.
existing appeal means an appeal under the QCAT Act against a decision of the tribunal in a disciplinary proceeding or registration proceeding that has been started before an appeal entity but has not been finally dealt with at the commencement.
existing QCAT proceeding means a disciplinary proceeding or registration proceeding that has been started before the tribunal but has not been finally dealt with at the commencement.
registration proceeding means a proceeding for a review of a decision under a repealed health practitioner registration Act.
relevant Act means—
(a) for an existing QCAT proceeding—the Act conferring jurisdiction on the tribunal to deal with the matter the subject of the proceeding; or
(b) for an existing appeal—the Act conferring jurisdiction on the tribunal to deal with the matter the subject of decision that is appealed.
'(1) This section applies in relation to a person appointed by a former board as an investigator under this Act.
'(2) The person's appointment ends at the commencement.
'(3) The person must return the person's identity card to the chief executive within 7 days after the commencement.
Maximum penalty—10 penalty units.
'(4) If the person has made a requirement of another person under this Act and the requirement has not been complied with at the commencement, the requirement is taken to have been withdrawn at the commencement.
'(5) If the person has a document or other thing that was obtained in the person's capacity as an investigator, the person must—
(a) for a document or thing obtained in the course of an investigation of an existing complaint or existing non-complaint disciplinary matter being dealt with by a national board under the National Law (Queensland), section 289—give the document or thing to the national board; or
(b) for another document or thing—return the document or thing to the person from whom it was obtained.
'(6) A document or other thing given to a national board under subsection (5)(a) is taken to have been obtained by an investigator appointed by the national board.
'(7) However, if the person is appointed by a national board dealing with an existing matter as an investigator for an investigation relating to the matter—
(a) subsections (4), (5)(a) and (6) do not apply; and
(b) anything done by, or existing in relation to, the person performing a function or exercising a power under this Act for the existing matter is taken to be done or existing in the investigator's capacity as an investigator appointed by the national board for investigating the matter.
'(8) In this section—
existing matter means a complaint or disciplinary matter being dealt with by a national board under the National Law (Queensland), section 289 as provided under section 405Y or 405Z.
'(1) This section applies in relation to a person appointed by a former board as an inspector under this Act or a repealed health practitioner registration Act (the relevant Act).
'(2) The person's appointment ends at the commencement.
'(3) The person must return the person's identity card to the chief executive within 7 days after the commencement.
Maximum penalty—10 penalty units.
'(4) Any investigation being conducted by the person ends at the commencement.
'(5) Without limiting subsection (4)—
(a) if the person has made a requirement of another person under a provision of the relevant Act and the requirement has not been complied with at the commencement, the requirement is taken to have been withdrawn at the commencement; and
(b) if, immediately before the commencement, the person is keeping a document or other thing under a provision of the relevant Act, the person must return the document or thing to the person from whom it was obtained.
'(6) However, subsection (4) does not prevent the person, or another person, from making a notification to a national board under the National Law (Queensland), section 145 in relation to information obtained in the course of an investigation conducted by the inspector under the relevant Act (whether or not the investigation was completed).
'(1) This section applies if—
(a) before the commencement, the secretary or principal registrar started to keep under section 263 a record about disciplinary proceedings relating to a former registrant; and
(b) at the commencement, the secretary or principal registrar has not given a copy of the record to an executive officer as required by section 263(3) as in force before the commencement.
'(2) The secretary or principal registrar must give the copy to the national board for the profession in which the former registrant was registered under the relevant repealed health practitioner registration Act.
'(3) In this section—
former registrant means a person who was, at any time, registered under a repealed health practitioner registration Act.
'(1) This section applies if—
(a) before the commencement, a registrant was required to give notice of something happening (the event) to the registrant's board under a notice requirement provision; and
(b) at the commencement, the registrant has not given the notice as required by the notice requirement provision.
'(2) The notice requirement provision continues to apply in relation to the event subject to subsection (3).
'(3) The reference in the notice requirement provision to the registrant's board is taken to be a reference to the national board for the profession in which the registrant is registered under the National Law.
'(4) In this section—
notice requirement provision means section 385A, 385B or 385C.
registrant means a person who—
(a) was a registrant under this Act immediately before the commencement; and
(b) at the commencement, is taken to be registered under the National Law.
'(1) This section applies if, in relation to an act done or omission made by a person under this Act or a repealed health practitioner registration Act (the relevant Act) before the commencement, civil liability attaches to a former board under a provision of the relevant Act as in force when the act was done or omission was made.
'(2) From the commencement, the liability attaches to the National Agency.
'(3) If the National Agency becomes liable to pay an amount to a person because of subsection (2), the amount must be paid out of the account kept in the Agency Fund for the national board established for the profession for which the former board was established.
'(4) In this section—
Agency Fund means the Australian Health Practitioner Regulation Agency Fund established under the National Law.
'(1) This section applies if—
(a) a former board has brought a proceeding for an offence against this Act or a repealed health practitioner registration Act (the relevant Act); and
(b) the court before which the proceeding has been brought has not finished hearing the proceeding; and
(c) a provision of the relevant Act provides that penalties recovered as a result of the proceeding must be ordered to be paid to the former board.
'(2) The provision of the relevant Act continues to apply in relation to the proceeding subject to subsection (3).
'(3) The reference in the provision to the former board is taken to be a reference to the national board for the profession for which the former board was established.'.