Australian Capital Territory Numbered Acts

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MEDICAL PRACTITIONERS REGISTRATION - SECT 9

9. Sections 19, 22, 22A and 22B of the Principal Act are repealed and the following Divisions, Division heading and section substituted:

“Division 1—Qualifications for registration

training

“19. (1) A person is entitled to be registered as a medical practitioner if he or she has recognised medical qualifications and has successfully completed a period of internship or supervised training as required by the Board.

“(2) For the purposes of this section, a person has recognised medical qualifications if the person is a graduate of a Medical School (whether within or outside Australia) accredited by the Australian Medical Council Incorporated or has successfully completed examinations held by that Council for the purposes of registration as a medical practitioner.

“(3) The entitlement under this section is an entitlement to registration that is not subject to any condition.

Entitlement of interns to conditional registration

“20. (1) A person is entitled to be registered as a medical practitioner subject to conditions imposed by the Board if the person would be entitled to registration under section 19 except for the fact that he or she has not completed a period of internship or supervised training required by the Board.

“(2) The conditions of registration that the Board may impose under subsection (1) are such conditions as the Board considers appropriate for the purpose of enabling the person to complete that internship or training.

Registration under mutual recognition principle

“21. (1) A person who is licensed or registered as a medical practitioner under the law in force in a State or another Territory that is a participating jurisdiction within the meaning of the Mutual Recognition Act is entitled to be registered as a medical practitioner under this Act.

“(2) If the person's licence or registration in the State or other Territory is not subject to any condition or restriction, the person's entitlement to registration under this Act is an entitlement to registration that is not subject to any condition.

“(3) If the person's licence or registration in the State or other Territory is subject to any condition or restriction, the person's entitlement to registration under this Act is an entitlement to registration subject to the conditions to which that licence or registration is subject or conditions appropriate to give effect to any restriction to which that licence or registration is subject.

Registration at discretion of Board

“22. (1) Where a person is a graduate in medicine from an institution which is not accredited by the Australian Medical Council Incorporated, the Board may register the person as a medical practitioner on a temporary basis to enable him or her to undertake a period of postgraduate training in medicine approved by the Board.

“(2) Where a person is a candidate for an examination held by the Australian Medical Council Incorporated and has been approved by that Council to undertake a period of supervised training approved by the Board before sitting for the examination, the Board may register the person as a medical practitioner for the purpose of enabling him or her to undertake that training.

“(3) The Board may register a person as a medical practitioner for the purpose of enabling the person to fill a medical teaching or research position if the person has qualifications that the Board considers appropriate for that purpose.

“(4) The Board may register a person as a medical practitioner for the purpose of enabling an unmet area of need to be met if the Board is satisfied that the person has suitable qualifications and experience to practise medicine in that area of need.

“(5) The Board may register a person as a medical practitioner if the Board is satisfied that he or she has specialist qualifications and experience in medicine recognised by the relevant Australian specialist college or institution and registration is for the purpose of enabling him or her to practise within that specialty.

“(6) The Board may register a person as a medical practitioner if the Board is satisfied that he or she has specialist qualifications and experience in medicine obtained outside Australia, being qualifications which are not recognised by the relevant Australian specialist college or institution, and registration is for the purpose of enabling him or her to undergo further specialist training or examination before being assessed for recognition by that college or institution.

“(7) Notwithstanding section 22E, the Board may register a person as a medical practitioner under this section although he or she does not have a command of the English language that is adequate for the practise of medicine if the Board considers that registration is appropriate in the circumstances.

“(8) The Board may register a person as a medical practitioner on a temporary basis if it is satisfied that it is in the public interest to do so.

“(9) The Board may impose such conditions on the registration of a person as a medical practitioner under this section as it considers appropriate.

Interim registration

“22A. (1) An applicant for registration may be granted interim registration where—

        (a)     the person is entitled to registration under section 19 but it is not practicable to wait until the Board can consider the application; or

        (b)     the person would be entitled to registration under section 20 except for the fact that a degree or award to which the applicant is entitled has not yet been conferred or granted by the institution concerned.

“(2) A person authorised by the Board for the purposes of this section may grant an applicant for registration interim registration in accordance with this section.

“(3) Interim registration granted to a person under this section remains in force from the time at which it is granted until the person is given notice in writing that the Board has—

        (a)     granted him or her registration;

        (b)     refused his or her application for registration; or

        (c)     cancelled the interim registration.

“(4) The Board may cancel a person's interim registration for any reason that it considers proper and shall immediately give the person notice in writing of the cancellation.

“(5) A person who holds interim registration is for all purposes to be taken to be a registered medical practitioner.

“(6) Where a person who is registered as a medical practitioner held interim registration at the time of being so registered, the person's registration as a medical practitioner shall be taken to have occurred on the day on which he or she was granted interim registration.

“(7) Interim registration under this section shall be taken to have been granted by the Board.

Conditions of registration in cases of impairment

“22B. (1) The Board may impose conditions on a person's registration if the Board is satisfied that the person suffers from an impairment and the conditions are reasonably required having regard to the impairment.

“(2) A registered medical practitioner who has had conditions imposed on his or her registration under this section (including conditions imposed on a review under this section) may apply to the Board for a review of the conditions.

“(3) The Board may decline to review the conditions if the application is made within 12 months after the conditions were last reviewed under this section.

“(4) On a review of conditions the Board may alter or remove conditions or impose new conditions, as it thinks appropriate.

Refusal of registration where applicant convicted of offence

“22C. (1) Subject to subsection (3), the Board may refuse an application for registration if—

        (a)     the applicant has been convicted in the Territory of an offence or has been convicted outside the Territory by a court for or in respect of an act or omission that would, had it taken place in the Territory, have constituted an offence; and

        (b)     the Board is of the opinion that the conviction renders the person unfit in the public interest to practise medicine.

“(2) The Board shall have regard to the nature of an offence and the circumstances in which it was committed in making a decision under subsection (1).

“(3) Subsection (1) does not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.

Refusal of registration where applicant deregistered outside Territory

“22D. (1) Subject to subsection (3), the Board may refuse an application for registration if the applicant's name has been removed from a foreign medical register for any reason relating to conduct of the person amounting to professional misconduct (within the meaning of Part IV) or on any basis relating to the person's physical or mental capacity to practise medicine.

“(2) A person's name shall be taken to have been removed from a foreign medical register if it is removed from any register or roll established or kept under any law of any country, State or other Territory providing for the registration, licensing or certification of medical practitioners under an Act.

“(3) Subsection (1) does not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.

Applicants to be competent and of good character

“22E. (1) Subject to subsection (2), the Board shall not register a person as a medical practitioner unless it is satisfied that the person—

        (a)     has the physical capacity, mental capacity and skill required to competently practise medicine;

        (b)     has sufficient communication skills for the practise of medicine including an adequate command of the English language; and

        (c)     is of good character.

“(2) Subsection (1) does not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.

Restriction on registration of deregistered or suspended persons

“22F. (1) Subject to subsection (2), where the registration of a person under this Act has been cancelled (otherwise than under section 27 or subsection 29B (2)) or suspended (otherwise than under subsection 31 (2)) the person may not apply for re-registration or termination of the suspension, as the case may be, otherwise than under section 30B.

“(2) Subsection (1) does not apply in relation to a person who is entitled to be re-registered pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.

Division 2—Registration procedure

Applications for registration

“22G. (1) This section applies to applications for registration other than applications by persons who are entitled to registration pursuant to the Mutual Recognition Act and who lodge with the Board a notice under section 19 of that Act.

“(2) An application for registration to which this section applies shall—

        (a)     be in a form approved by the Board; and

        (b)     be accompanied by the prescribed fee.

Applications to be considered and determined

“22H. The Board shall consider each application under section 22G and shall determine the application by—

        (a)     registering the applicant unconditionally or subject to conditions; or

        (b)     refusing the application.

Registration of applicants

“22J. Where a person who is applying for registration otherwise than under the Mutual Recognition Act

        (a)     complies with section 22G;

        (b)     appears personally before the Board or a nominee of the Board in support of his or her application if required by the Board to do so; and

        (c)     is entitled to registration in accordance with this Act;

the Board shall, subject to this Act, cause the applicant to be registered.

Fee for registration pursuant to Mutual Recognition Act

“22K. A person who applies for registration under this Act pursuant to the Mutual Recognition Act shall pay the prescribed fee.

Conditions of registration

“22L. The conditions that the Board may impose on registration at the time of registration include conditions relating to the duration of registration, the aspects of practice in which the person who is registered may be engaged and conditions relating to any other matters the Board considers appropriate.

Division 3—Register of Medical Practitioners

Register

“22M. (1) The Board shall keep a register called ‘The Register of Medical Practitioners'.

“(2) The Register may be maintained by electronic means.”.

Particulars to be entered in Register



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