MEDICAL PRACTICE ACT 1992 - As at 1 July 2010 - 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 (Repealed)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

• 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
• SCHEDULE 99 Dictionary