New South Wales Consolidated Acts

MEDICAL PRACTICE ACT 1992

- As at 1 November 2009
- Act 94 of 1992

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2A.     Object and principle of administration of Act
   3.      Definitions

   PART 2 - REGISTRATION

           Division 1 - Qualifications etc for registration

   4.      Entitlement to general registration based on qualifications and training
   5.      Entitlement to conditional registration for interns
   6.      (Repealed)
   7.      Conditional registration at the discretion of the Board
   8.      Interim registration available in certain cases
   9.      Non-practising registration
   10.     Conditions may be imposed in cases of impairment
   11.     Entitlement to registration does not prevent conditions being imposed

           Division 2 - Grounds for refusing registration

   12.     Registration may be refused despite entitlement or eligibility
   13.     Applicants must be competent and of good character
   14.     Restrictions on registration of deregistered persons
   15.     Registration may be refused if applicant convicted of offence
   16.     Registration may be refused if applicant deregistered on disciplinary grounds in another jurisdiction

           Division 3 - Appeals

   17.     Right of appeal
   18.     Appeal to be lodged with Registrar
   19.     Appeal from inquiry decision to be by way of rehearing
   20.     Pending appeal does not affect Board’s determination
   21.     Determination of appeal

           Division 4 - Registration procedures

   22.     Machinery provisions
   23.     Some applications for registration to be dealt with by Committee
   24.     How registration ceases

   PART 3 - REMOVAL FROM AND ALTERATION OF THE REGISTER

           Division 1 - General powers to remove from or alter the Register

   25.     Removal of person wrongfully registered
   26.     Amendment of incorrect particulars concerning qualifications
   27.     Removal on death or at own request
   28.     Removal or amendment pursuant to disciplinary order
   29.     Appeal
   30.     Practitioner to be notified of action

           Division 2 - Powers resulting from action under foreign law

   31.     Meaning of “foreign law”
   32.     Deregistration on basis of disciplinary action under foreign law
   33.     Imposition of conditions imposed under foreign law
   34.     Practitioner to be notified of action
   35.     Appeal

   PART 4 - COMPLAINTS ETC ABOUT MEDICAL PRACTITIONERS

           Division 1 - Interpretation

   36.     Meaning of “unsatisfactory professional conduct”
   37.     Meaning of “professional misconduct”
   37A.    Exception-advertising and other prescribed exceptions
   38.     Exception-training, employment and research
   38A.    References to “complaint”

           Division 2 - Making a complaint

   39.     Grounds for complaint
   40.     Complaint can be made even if person no longer registered
   41.     Who can make a complaint
   42.     Complaints to be made to the Board or the Health Care Complaints Commission
   43.     Complaints to be in writing etc
   44.     Where to lodge complaints
   45.     Further particulars may be required from complainant
   46.     Board and Commission to notify each other of complaints
   47.     Protection of complainants and other persons

           Division 3 - How complaints are to be dealt with

   48.     Complaints to be dealt with expeditiously
   49.     Board and Commission to consult on complaint
   50.     Courses of action available to Board on a complaint
   51.     Courses of action available to the Commission on a complaint
   52.     Serious complaints must be referred to Tribunal
   53.     (Repealed)
   54.     Board may require practitioner to undergo examination
   55.     Result of failure to attend counselling or examination
   56.     Inquiries etc not prevented by other proceedings
   57.     Complaint not to be referred if practitioner dead
   58.     Complaint need not be referred if practitioner no longer registered
   59.     Complaint need not be referred if complainant fails to provide further particulars

           Division 4 - Disciplinary powers of Committees and Tribunal

   60.     Powers may be exercised if complaint proved or admitted
   61.     General powers to caution, reprimand, counsel etc
   62.     Power to fine in certain cases
   63.     Committee can recommend suspension or deregistration on grounds of lack of physical or mental capacity
   64.     Tribunal can suspend or deregister in certain cases
   65.     Board may refer breach of disciplinary order to the Tribunal

           Division 5 - Powers of the Board for the protection of the public

   66.     Suspension or conditions to protect the public
   66AA.   Audio recording of meeting
   66A.    Power to remove or alter conditions or terminate suspension
   66AB.   Review of certain decisions
   66B.    Referral of matter to Commission
   66BA.   Special provision-performance assessment
   66C.    Special provisions-impairment
   66D.    Tribunal to be notified of suspensions
   67.     Extension of suspension
   68.     Expiry or termination of suspension
   69.     Duration of conditions-complaint matters
   69A.    Duration of conditions-impairment matters
   69B.    Powers of Board to obtain information, records and evidence

           Division 6 - Duty of courts etc to refer matters to Registrar

   70.     Referral of mental health matters to Registrar
   71.     Referral of matters by courts

           Division 7 - Reportable misconduct

   71A.    Reportable misconduct

   PART 5 - IMPAIRMENT

   72.     Referral of impairment matters concerning practitioners or students
   73.     Persons may notify Board of impairment matters concerning practitioners or students
   74.     Commission may refer impairment matters to Board
   75.     Panel to inquire into matters referred to it
   76.     Panel not to take action while Commission investigating
   77.     Board to give notice of proposed inquiry
   78.     Practitioner or student entitled to make representations
   78A.    Board may require practitioner to undergo examination
   79.     Board may require student to undergo examination
   80.     Assessment, report and recommendations by Panel
   81.     Voluntary suspension or conditions on registration
   81A.    Review of conditions
   82.     Some matters to be dealt with as complaints
   83.     Prohibition or conditions on student
   84.     Appeal by student against order
   85.     Confidentiality of Panel’s report
   86.     Board to consider Panel’s reports when assessing application for registration

   PART 5A - PERFORMANCE ASSESSMENT

           Division 1 - Preliminary

   86A.    Meaning of “professional performance”
   86B.    Meaning of “unsatisfactory” in relation to professional performance

           Division 2 - Board may obtain performance assessment

   86C.    Power to obtain assessment
   86D.    Serious matters not to be referred for assessment
   86E.    Persons may notify the Board of professional performance matters
   86F.    Commission may refer professional performance matters to Board

           Division 3 - Assessment of professional performance by assessor

   86G.    How Board obtains an assessment
   86H.    Information to be given to medical practitioner
   86I.    Report and recommendations by assessor
   86J.    Action that may be taken by Board

           Division 4 - Performance review by Performance Review Panel

   86K.    Panel to conduct performance review
   86L.    Panel not to take action while Commission investigating
   86M.    Panel must refer certain matters to Board
   86N.    Actions by Panel
   86O.    Re-assessment
   86P.    Decision
   86Q.    Statement need not contain confidential information

           Division 5 - Miscellaneous

   86R.    Monitoring by Board
   86S.    Other provisions relating to performance assessments

   PART 6 - APPEALS AND REVIEW

           Division 1 - Appeals against actions of a Committee

   87.     Appeals against decisions of a Committee
   88.     Appeals on points of law

           Division 2 - Appeals against actions of Tribunal

   89.     Preliminary appeal on point of law
   90.     Appeal against Tribunal’s decisions and actions
   91.     Powers of Court on appeal

           Division 3 - Review of suspension, deregistration or conditions

   92.     Right of review
   93.     The appropriate review body
   94.     Powers on review
   94A.    Inquiry into review application

           Division 4 - Appeal against suspension by Board

   95.     Right of appeal
   95A.    Appeal on point of law
   96.     Appeal to be lodged with Registrar
   97.     Tribunal’s powers on appeal
   98.     Appeal does not stay order

           Division 5 - Appeal against actions of Performance Review Panel

   98A.    Appeals against decisions of Panel
   98B.    Appeals on points of law

   PART 7 - THE PRACTICE OF MEDICINE

           Division 1 - Registered practitioners

   99.     Entitlement to practise medicine
   99A.    Code of professional conduct
   100.    Effect of suspension
   101.    Registered practitioner entitled to recover fees
   102.    (Repealed)
   103.    Emergency measures authorising practise of medicine

           Division 2 - Restrictions on unregistered practitioners

   104.    (Repealed)
   105.    Use of misleading titles etc
   106.    Causing or permitting use of misleading titles etc
   107.    Business document and advertising with misleading titles etc
           108, 109. (Repealed)
   110.    Unregistered person not to sign certain certificates
   111.    Other health care professionals not affected
   112.    Medical service rendered by persons registered elsewhere

           Division 3 - Other restrictions

   112A.   Prohibition against accepting benefits for recommendations or referrals
   112B.   Prohibition against offering or giving benefits for recommendation or referrals
   112C.   Exception-advertising and prescribed exceptions
   112D.   Interpretation

   PART 8 - ADVERTISING

   113.    What constitutes advertising of medical services
   114.    No advertising except in accordance with the regulations
   115.    Appointment of person to be responsible for advertising by corporation
   116.    Liability of person responsible for advertising

   PART 8A - OVERSERVICING AND UNPROFESSIONAL CONDUCT

   116A.   Prohibition against directing or inciting overservicing or misconduct
   116B.   Extended concept of employment
   116C.   Extended concept of carrying on business
   116D.   Convicted offenders may be prohibited from carrying on business
   116E.   Offence of operating business while prohibited
   116F.   Effect of appeal against conviction
   116G.   Business interests-effect of prohibition
   116H.   Power to require information from convicted persons and others
   116I.   Evidentiary certificate
   116J.   Authorised persons-special provisions

   PART 9 - SUPERVISION AND ENFORCEMENT POWERS

   117.    Part extends to former and suspended practitioners
   118.    Powers of entry only to be exercised with consent or under search warrant
   119.    Authorisation of persons to exercise powers
   120.    Powers of entry, search and seizure
   121.    Offences
   122.    Self-incrimination
   123.    Offence of impersonating authorised person
   124.    Authorised persons to have certificate of authority
   125.    Search warrant
   126.    Records to be kept
   127.    Medical services corporation to appoint practitioner to be responsible for record keeping
   127A.   Practitioners to submit annual return
   127B.   Practitioners to notify convictions, criminal findings and charges
   127C.   Board may require further information from practitioner
   128.    Practitioners and students to notify change of name or address

   PART 10 - THE NEW SOUTH WALES MEDICAL BOARD

           Division 1 - The Board

   129.    Board constituted as a corporation
   130.    Membership
   131.    Nominations for membership
   132.    Functions of the Board
   133.    Committees
   134.    Board’s complaint functions may be exercised by 2 or more members
   135.    Annual report
   135A.   Information to be made available to public
   136.    Delegation by Board and Registrar
   137.    Service of documents on Board
   138.    Authentication of certain documents
   139.    Recovery of charges etc by the Board
   140.    Proof of certain matters not required

           Division 1A - Proceedings of the Board

   140A.   Other matters to be taken into account
   140B.   Exercise of functions with consent

           Division 2 - Administration

   141.    Registrar
   142.    Staff of the Board
   143.    Consultants

           Division 3 - Finance

   144.    Financial provisions
   145.    Medical Education and Research Account

   PART 11 - THE MEDICAL TRIBUNAL

           Division 1 - Constitution of the Tribunal

   146.    The Medical Tribunal
   147.    Tribunal to be constituted to deal with complaints etc
   148.    Chairperson and Deputy Chairpersons of the Tribunal
   149.    Effect of vacancy on Tribunal
   150.    Payment of non-judicial Tribunal members
   151.    Protections and immunities of judicial members
   152.    Seal of the Tribunal
   153.    Medical Tribunal Registry

           Division 2 - Proceedings of the Tribunal

   154.    Decisions of the Tribunal
   155.    Time when orders take effect
   156.    Powers of Tribunal exercised by Supreme Court
   157.    Registrar to be informed of disciplinary action
   158.    Rules of practice and procedure for the Tribunal

           Division 3 - Inquiries, appeals etc before the Tribunal

   159.    Jurisdiction
   160.    Notice of time and place of inquiry or appeal
   161.    Conduct of proceedings
   162.    Representation before the Tribunal
   163.    Chairperson or Deputy Chairperson not to review own decisions
   164.    Adjournments and interlocutory orders
   165.    Tribunal to provide details of its decision
   166.    Statement need not contain confidential information

   PART 12 - PROFESSIONAL STANDARDS COMMITTEES

           Division 1 - Constitution of Committees

   167.    Professional Standards Committees
   168.    Board to constitute Committee when required
   169.    Membership of Committee

           Division 2 - Proceedings of Committees

   170.    Multiple inquiries
   171.    How a Committee decides
   172.    Time when orders take effect
   173.    Committee to inform Registrar of its actions under disciplinary provisions
   174.    Chairperson may exercise certain powers of Committee

           Division 3 - Inquiries before Committees

   175.    Committee to hold inquiry into complaint
   176.    Procedure for inquiry
   177.    Representation at inquiry
   178.    Adjournments and interlocutory orders
   179.    Committee must refer certain matters to the Tribunal
   180.    Committee to provide details of its decision
   181.    Statement need not contain confidential information

   PART 13 - IMPAIRED REGISTRANTS PANELS

   182.    Impaired Registrants Panel
   183.    Board to constitute Panel when required
   184.    Decisions of Panel

   PART 13A - PERFORMANCE REVIEW PANELS AND ASSESSORS

   184A.   Performance Review Panels
   184B.   Constitution of Panel
   184C.   Decisions of Panel
   184D.   Certain powers may be exercised by chairperson
   184E.   Assessors

   PART 14 - MISCELLANEOUS

   185.    Act binds Crown
   186.    Student registration
   187.    Offences by corporations
   188.    Penalties for false statements etc
   189.    Protection from liability
   190.    Confidentiality
   190A.   Reports of medical or health practitioners
   190B.   Confidentiality of protected reports
   191.    Notification of certain matters to other States
   191A.   Board is to consult with affected third parties
   191B.   Notification of orders to practitioner’s employer and others
   191C.   Cancelled registrations to be publicly available
   191D.   Protection from liability for certain publications
   192.    How notice is to be given under this Act
   192A.   Evidentiary certificates and evidence of entry in Register
   192B.   Application of Criminal Records Act
   193.    Proceedings for offences
   194.    Regulations
   195.    Repeals
           196, 197. (Repealed)
   198.    Savings and transitional provisions
   199.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 5
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