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This is a Bill, not an Act. For current law, see the Acts databases.


HEALTH LEGISLATION AMENDMENT BILL 1992

      Queensland




HEALTH LEGISLATION
AMENDMENT BILL 1992

 


 

Queensland HEALTH LEGISLATION AMENDMENT BILL 1992 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 2--AMENDMENT OF CHIROPRACTORS AND OSTEOPATHS ACT 1979 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Amendment of s.4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Insertion of new section 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4A Meaning of "chiropractic and osteopathy company" . . . . . . . . . . . . 13 6 Amendment of s.7 (Members of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7 Insertion of new s.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8 Amendment of s.11 (Meetings of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9 Insertion of new s.25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25A Obligation on members of associations of persons . . . . . . . . . . . . . . 15 10 Insertion of new Part 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 3A--CHIROPRACTIC AND OSTEOPATHY COMPANIES 28A Formation of chiropractic and osteopathy companies . . . . . . . . . . . 16 28B Regulation of company names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 28C Offence by company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11 Amendment of s.38 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 12 Insertion of new ss.40 and 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 40 Savings--members of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

 


 

2 Health Legislation Amendment 41 Power of Board to make by-laws about fees . . . . . . . . . . . . . . . . . . . 18 PART 3--AMENDMENT OF DENTAL ACT 1971 13 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Amendment of s.4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 15 Amendment of s.7 (Members of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 16 Insertion of new s.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 17 Amendment of s.11 (Meetings of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 18 Amendment of s.35 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Insertion of new s.37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 37A Power of Board to make by-laws about fees . . . . . . . . . . . . . . . . . . . 20 PART 4--AMENDMENT OF DENTAL TECHNICIANS AND DENTAL PROSTHETISTS ACT 1991 20 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Amendment of s.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Amendment of s.18 (Entitlements of members of Board and committees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 23 Insertion of new s.20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 20A Transfer of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 24 Amendment of s.53 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Amendment of s.58 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 5--AMENDMENT OF FOOD ACT 1981 26 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 27 Amendment of s.5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 28 Replacement of s.24 (Authorized officers) . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 29 Amendment of s.33 (Remedy in respect of articles seized) . . . . . . . . . . . . 24 30 Amendment of s.35 (Liability for costs and expenses of storage or destruction or other disposal of seized articles) . . . . . . . . . . . . . 25 31 Insertion of new s.58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 58 Authorisation of certain officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 32 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

 


 

3 Health Legislation Amendment PART 6--AMENDMENT OF HEALTH ACT 1937 33 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 34 Amendment of s.5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 35 Amendment of s.7 (Delegation of powers, etc.) . . . . . . . . . . . . . . . . . . . . . . 27 36 Amendment of s.64 (Private hospitals to be licensed) . . . . . . . . . . . . . . . . . 27 37 Amendment of s.66 (Kinds of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 38 Insertion of new ss.71A and 71B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 71A Monthly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 71B Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 39 Amendment of s.152 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 PART 7--AMENDMENT OF HEALTH RIGHTS COMMISSION ACT 1991 40 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 41 Amendment of Schedule 2 (Declared Registration Boards) . . . . . . . . . . . . 30 PART 8--AMENDMENT OF HOSPITALS FOUNDATIONS ACT 1982 42 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 43 Amendment of s.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 44 Replacement of s.25 (Interests to be disclosed) . . . . . . . . . . . . . . . . . . . . . . 30 25 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 45 Insertion of new s.25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 25A Members to act honestly and with propriety . . . . . . . . . . . . . . . . . . . 31 PART 9--AMENDMENT OF MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 46 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 47 Omission of s.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 48 Amendment of s.4 (Contribution by Boards to Consolidated Revenue) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 49 Amendment of s.14 (Powers of Inspectors) . . . . . . . . . . . . . . . . . . . . . . . . . . 33 50 Insertion of new s.17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 17 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 PART 10--AMENDMENT OF OCCUPATIONAL THERAPISTS ACT 1979 51 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

 


 

4 Health Legislation Amendment 52 Amendment of s.4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 53 Amendment of s.7 (Members of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 54 Insertion of new s.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 7A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 55 Amendment of s.11 (Meetings of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 56 Amendment of s.37 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 57 Omission of s.38 (Procedural provisions re by-laws) . . . . . . . . . . . . . . . . . . 36 58 Insertion of new s.38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 38 Power of Board to make by-laws about fees . . . . . . . . . . . . . . . . . . . 36 PART 11--AMENDMENT OF OPTOMETRISTS ACT 1974 59 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 60 Amendment of s.5 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 61 Amendment of s.8 (Members of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 62 Insertion of new s.8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 8A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 63 Amendment of s.12 (Meetings of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 64 Amendment of s.40 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 65 Replacement of s.41 (Procedural provisions re by-laws) . . . . . . . . . . . . . . . 38 41 Savings--members of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 42 Power of Board to make by-laws about fees . . . . . . . . . . . . . . . . . . . 38 PART 12--AMENDMENT OF PHARMACY ACT 1976 66 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 67 Amendment of s.5 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 68 Amendment of s.8 (Members of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 69 Insertion of new s.8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 8A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 70 Amendment of s.12 (Meeting of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 71 Amendment of s.40 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 72 Insertion of new s.45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 45 Power of Board to make by-laws about fees . . . . . . . . . . . . . . . . . . . 40 PART 13--AMENDMENT OF PHYSIOTHERAPISTS ACT 1964 73 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

 


 

5 Health Legislation Amendment 74 Amendment of s.4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 75 Amendment of s.7 (Members of the Board) . . . . . . . . . . . . . . . . . . . . . . . . . 41 76 Insertion of new s.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 7A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 77 Amendment of s.9 (Meetings of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 78 Amendment of s.31 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 79 Replacement of s.32 (Publication of Proclamations and regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 32 Power to make regulations about fees . . . . . . . . . . . . . . . . . . . . . . . . 42 PART 14--AMENDMENT OF PODIATRISTS ACT 1969 80 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 81 Amendment of s.3 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 82 Amendment of s.6 (Members of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 83 Insertion of new s.6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 6A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 84 Amendment of s.10 (Meetings of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 85 Amendment of s.31 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 86 Omission of s.32 (Tabling of by-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 87 Insertion of new ss.32 and 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 32 Savings--members of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 33 Power of Board to make by-laws about fees . . . . . . . . . . . . . . . . . . . 45 PART 15--AMENDMENT OF PSYCHOLOGISTS ACT 1977 88 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 89 Amendment of s.4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 90 Amendment of s.7 (Members of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 91 Insertion of new s.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 7A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 92 Amendment of s.11 (Meetings of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 93 Amendment of s.18 (Qualification for registration) . . . . . . . . . . . . . . . . . . . 47 94 Amendment of s.19 (Conditional registration) . . . . . . . . . . . . . . . . . . . . . . . 47 95 Amendment of s.38 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 96 Replacement of s.39 (Procedural provisions re by-laws) . . . . . . . . . . . . . . . 48 39 Savings--members of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

 


 

6 Health Legislation Amendment 40 Power of Board to make by-laws about fees . . . . . . . . . . . . . . . . . . . 48 PART 16--AMENDMENT OF SPEECH THERAPISTS ACT 1979 97 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 98 Amendment of s.4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 99 Amendment of s.6 (Constitution of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . 49 100 Amendment of s.7 (Members of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 101 Insertion of new s.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 7A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 102 Amendment of s.11 (Meetings of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 103 Amendment of s.37 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 104 Omission of s.38 (Procedural provisions re by-laws) . . . . . . . . . . . . . . . . . . 51 105 Insertion of new ss. 38 and 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 38 References to speech therapy etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 39 Power of Board to make by-laws about fees . . . . . . . . . . . . . . . . . . . 52 106 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 PART 17--AMENDMENT OF MEDICAL ACT 1939 107 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 108 Omission of s.3 (Repeal of "The Medical Acts, 1925 to 1935") . . . . . . . . . 53 109 Amendment of s.4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 110 Insertion of new ss.4A and 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 4A Meaning of "competent to practise medicine" . . . . . . . . . . . . . . . . . 53 4B Meaning of "impairment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 111 Omission of heading before s.5 (Regulations, Proclamations, etc.) . . . . . . 54 112 Omission of s.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 113 Amendment of s.8 (Constitution of Board; president) . . . . . . . . . . . . . . . . . 54 114 Insertion of new s.8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 8A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 115 Amendment of s.11 (Quorum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 116 Amendment of s.16 (Power to make by-laws) . . . . . . . . . . . . . . . . . . . . . . . . 55 117 Replacement of Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

 


 

7 Health Legislation Amendment PART 4--REGISTRATION Division 1--Qualifications for registration 17 Entitlement to general registration based on qualifications and training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 17A Entitlement to conditional registration for interns . . . . . . . . . . . . . . . 56 17B Entitlement to general or conditional registration based on registration elsewhere in Australia . . . . . . . . . . . . . . . . . . . 56 17C Conditional registration at the discretion of the Board . . . . . . . . . . . 57 17D Interim registration available in certain cases . . . . . . . . . . . . . . . . . 58 17E Non-practising registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 17F Conditions may be imposed in cases of impairment . . . . . . . . . . . . 59 17G Entitlement to registration does not prevent conditions being imposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 2--Specialists 18 Specialists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 3--Grounds for refusing registration 19 Registration may be refused despite entitlement or eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 19A Applicants must be competent and of good character . . . . . . . . . . . 60 19B Restrictions on registration of deregistered persons . . . . . . . . . . . . . 61 19C Registration may be refused if applicant convicted of offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 19D Registration may be refused if applicant deregistered on disciplinary grounds in another jurisdiction . . . . . . . . . . . . . . . . . 61 Division 4--Suspension of registration for the protection of the public 20 Suspension or imposition of conditions to protect life . . . . . . . . . . . 62 20A Extension of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 20B Expiration of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 20C Effect of conditions imposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 5--Appeals 21 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 21A Appeal to be lodged with Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . 64 21B Appeal from inquiry decision to be by way of rehearing . . . . . . . . . 64 21C Pending appeal does not affect Board's determination . . . . . . . . . . 64

 


 

8 Health Legislation Amendment 21D Determination of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 6--Notification to medical registration authorities 22 Notification of certain matters to other States . . . . . . . . . . . . . . . . . 64 PART 4A--REGISTRATION PROCEDURES Division 1--Applying for registration 23 Form etc. of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 23A Application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 23B Evidence to accompany application . . . . . . . . . . . . . . . . . . . . . . . . . 65 23C Time within which application to be determined . . . . . . . . . . . . . . . 65 Division 2--Dealing with applications 24 Applications to be considered and determined . . . . . . . . . . . . . . . . . 66 24A Notice to applicant of decision on application . . . . . . . . . . . . . . . . . 66 24B How a person is registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 24C Conditions on registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Division 3--Inquiries 25 Board may hold inquiry into eligibility . . . . . . . . . . . . . . . . . . . . . . . 67 25A Board must hold inquiry in certain cases . . . . . . . . . . . . . . . . . . . . . . 67 25B Constitution of Board for inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 25C Applicant to be notified of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 25D Practitioner entitled to attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 25E Preliminary medical examinations of applicants for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 25F Decisions of the Committee of Assessors in an inquiry . . . . . . . . . . 68 25G Details of decision to be supplied to applicant . . . . . . . . . . . . . . . . . 68 Division 4--Keeping and alteration of the Register 26 Board is to keep the Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 26A Additional information may be recorded in the Register . . . . . . . . . 69 26B Method of removal from the Register . . . . . . . . . . . . . . . . . . . . . . . . 69 26C Surrender of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 26D Making a recording in the Register--extended meaning . . . . . . . . . 70 Division 5--Annual registration fees 27 Annual registration fee payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 27A Practitioner's name may be removed from Register

 


 

9 Health Legislation Amendment for non-payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 27B Entitlement to restoration if fee paid . . . . . . . . . . . . . . . . . . . . . . . . . 70 27C Board may waive registration fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 27D How registration ceases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 6--The practice of medicine 28 Right to practise medicine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 29 Medical certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 PART 4B--REMOVAL FROM AND ALTERATION OF THE REGISTER Division 1--General powers to remove from or alter the Register 30 Removal of person wrongfully registered . . . . . . . . . . . . . . . . . . . . . . 72 30A Amendment of incorrect particulars concerning qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 30B Removal on death or at own request . . . . . . . . . . . . . . . . . . . . . . . . . 73 30C Removal or amendment under disciplinary order . . . . . . . . . . . . . . . 73 30D Board may hold inquiry into eligibility . . . . . . . . . . . . . . . . . . . . . . . 73 30E Constitution of Board for inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 30F Medical practitioner to be notified of inquiry . . . . . . . . . . . . . . . . . . 73 30G Medical practitioner entitled to attend . . . . . . . . . . . . . . . . . . . . . . . 74 30H Preliminary medical examination of medical practitioner . . . . . . . . 74 30I Decision of the Committee of Assessors in an inquiry . . . . . . . . . . . 74 30J Details of decision to be supplied to medical practitioner . . . . . . . . 74 30K Removal or imposition of conditions relating to competence to practise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 30L Medical practitioner to be notified of action . . . . . . . . . . . . . . . . . . . 75 30M Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 2--Powers resulting from action under foreign law 31 Meaning of "foreign law" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 31A Deregistration on basis of disciplinary action under foreign law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 31B Imposition of conditions imposed under foreign law . . . . . . . . . . . . . 76 31C Medical practitioner to be notified of action . . . . . . . . . . . . . . . . . . . 76 31D Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

 


 

10 Health Legislation Amendment Division 3--Review of suspension, deregistration or conditions 32 Right of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 32A The appropriate review body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 32B Powers on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 118 Insertion of new Parts 12 and 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 PART 12--MISCELLANEOUS 86 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 PART 13--SAVINGS AND TRANSITIONALS 87 Power of Board to make by-laws about fees . . . . . . . . . . . . . . . . . . . 79 88 Registration as medical practitioner . . . . . . . . . . . . . . . . . . . . . . . . . 79 89 Meaning of "foreign medical practitioner" . . . . . . . . . . . . . . . . . . . . 79 90 Grounds for deregistration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 91 Board's duty to deregister practitioners liable to deregistration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 92 Special provision for practitioners removed for non-payment of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 93 Registration with conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 94 Consideration in respect of certain criteria . . . . . . . . . . . . . . . . . . . . 81 95 Regulations in force under previous section 5 . . . . . . . . . . . . . . . . . . 81 119 Omission of Schedule (First Schedule) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 83 MINOR AMENDMENTS TO THE FOOD ACT 1981 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 84 MINOR AMENDMENTS TO THE SPEECH THERAPISTS ACT 1979

 


 

1992 A BILL FOR An Act to amend certain Acts administered by the Minister for Health

 


 

12 Health Legislation Amendment BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1 the advice and consent of the Legislative Assembly of Queensland in 2 Parliament assembled, and by the authority of the same, as follows. 3 PART 1--PRELIMINARY 4 title 5 Short This Act may be cited as the Health Legislation Amendment Act 6 Clause1. 1992. 7 8 Commencement Clause2. This Act commences on a day to be fixed by proclamation. 9 ART 2--AMENDMENT OF CHIROPRACTORS AND 10 P OSTEOPATHS ACT 1979 11 Act 12 Amended The Chiropractors and Osteopaths Act 1979 is amended as set out 13 Clause3. in this Part. 14 of s.4 (Meaning of terms) 15 Amendment Clause4.(1) Section 4 (heading)-- 16 omit, insert-- 17 `Definitions'. 18 (2) Section 4 (definitions "chiropractic and osteopathy" and 19 "Minister")-- 20 omit. 21

 


 

13 Health Legislation Amendment (3) Section 4-- 1 insert-- 2 ` "association of persons" means an association of persons, whether or 3 not incorporated; 4 "chiropractic and osteopathy" means the manipulation, mobilisation and 5 management of the neuromusculoskeletal system of the human body; 6 "chiropractic and osteopathy company" has the meaning given by 7 section 4A; 8 "fee" includes tax;'. 9 of new section 4A 10 Insertion Clause5. After section 4-- 11 insert-- 12 of "chiropractic and osteopathy company" 13 `Meaning `4A. In this Act-- 14 "chiropractic and osteopathy company" means a company incorporated 15 in Queensland under the Corporations Law-- 16 (a) that is authorised by its memorandum and articles of association 17 to engage in chiropractic and osteopathy; and 18 (b) the memorandum and articles of which provide that-- 19 (i) the company must not carry on the practice of chiropractic 20 and osteopathy if less than half of its directors are 21 chiropractors and osteopaths; and 22 (ii) at least-- 23 (A) half of the shares included in all classes of shares that 24 entitle the holder to vote at a meeting of the company; 25 and 26 (B) half of the shares in each class specified in 27 sub-subparagraph (A); 28

 


 

14 Health Legislation Amendment must be held by the following persons-- 1 (C) a chiropractor and osteopath; 2 (D) a spouse, child or grandchild of a chiropractor and 3 osteopath; 4 (E) an executor or administrator of the estate of, or trustee 5 of a trust for the benefit of, a person specified in 6 sub-subparagraph (C) or (D); and 7 (c) that engages in chiropractic and osteopathy through a chiropractor 8 and osteopath.'. 9 of s.7 (Members of Board) 10 Amendment Section 7(1)-- 11 Clause6.(1) omit `seven', insert `9'. 12 (2) Section 7(1)(a)-- 13 omit `one shall be a chiropractor and osteopath', 14 insert `2 must be chiropractors and osteopaths'. 15 (3) After section 7(1)(b)-- 16 insert-- 17 `; and 18 (c) 1 person representing users of the services of chiropractors and 19 osteopaths; and 20 (d) a barrister or solicitor of the Supreme Court.'. 21 of new s.7A 22 Insertion Clause7. After section 7-- 23 insert-- 24 in number of members 25 `Increase `7A. If the number of members required to constitute the Board is 26 increased, a vacancy is taken to exist in the office of a member or members 27 to the number of the increase and-- 28

 


 

15 Health Legislation Amendment (a) each vacancy may be filled under section 10; and 1 (b) the Governor in Council may nominate the term of appointment 2 of the person appointed to fill each vacancy.'. 3 of s.11 (Meetings of Board) 4 Amendment Section 11(2)-- 5 Clause8. omit `four', insert `5'. 6 of new s.25A 7 Insertion Clause9. After section 25-- 8 insert-- 9 on members of associations of persons 10 `Obligation `25A.(1) Each member of an association of persons engaged in the 11 practice of chiropractic and osteopathy must ensure that appropriate 12 procedures are in place to ensure that a person who is an agent, employee or 13 member of the association does not engage in discreditable conduct in the 14 course of the person's agency, employment or membership. 15 Maximum penalty--20 penalty units. 16 `(2) In this section-- 17 "engage in discreditable conduct" means to do or omit to do an act that, 18 if the act had been done or omitted to be done by a chiropractor and 19 osteopath, the chiropractor and osteopath would have been liable to be 20 disciplined under this Act for conduct discreditable to a chiropractor 21 and osteopath in the practice of the profession; 22 "member", in relation to an association of persons, means-- 23 (a) in the case of an incorporated association--a member of the 24 association's governing body, by whatever name called; and 25 (b) in the case of an unincorporated association--a member of the 26 association.'. 27

 


 

16 Health Legislation Amendment of new Part 3A 1 Insertion After Part 3-- 2 Clause10. insert-- 3 PART 3A--CHIROPRACTIC AND OSTEOPATHY 4 ` COMPANIES 5 of chiropractic and osteopathy companies 6 `Formation `28A. Nothing in this Act prohibits the formation of a chiropractic and 7 osteopathy company or the practice of chiropractic and osteopathy in the 8 company's name. 9 of company names 10 `Regulation `28B.(1) A chiropractic and osteopathy company must not practise 11 chiropractic and osteopathy except under an approved name. 12 `(2) Subsection (1) does not apply to a chiropractic and osteopathy 13 company incorporated at the commencement of this section for 6 months 14 beginning on that commencement. 15 `(3) A-- 16 (a) chiropractic and osteopathy company that has been given a notice 17 under subsection (7); or 18 (b) a chiropractor and osteopath who proposes to establish or join in 19 establishing a chiropractic and osteopathy company; 20 must submit a list of proposed company names to the Board. 21 `(4) The list must contain the number of names specified by the Board. 22 `(5) The Board must consider the names on the list and must either-- 23 (a) select 1 or more names acceptable to the Board as approved 24 names; or 25 (b) reject the names as unacceptable. 26 `(6) The Board must promptly give written notice to the company or the 27 chiropractor and osteopath, as the case may be, of-- 28

 


 

17 Health Legislation Amendment (a) the Board's decision; and 1 (b) if the Board has rejected the names--the reasons for the decision. 2 `(7) The Board may give written notice to a chiropractic and osteopathy 3 company requiring it to alter its name to an approved name within a 4 reasonable time specified by the Board. 5 `(8) In this section-- 6 "approved name" means a name that-- 7 (a) is approved by the Board; and 8 (b) is approved by any other person or authority that, under any other 9 law, is required to approve the name of a company. 10 by company 11 `Offence `28C. A company must not engage in chiropractic and osteopathy unless 12 it is a chiropractic and osteopathy company.'. 13 of s.38 (By-laws) 14 Amendment Section 38(g)-- 15 Clause11. omit, insert-- 16 `(g) the purposes for which fees are payable under this Act, the 17 amounts of fees, the persons who are liable to pay fees, when 18 fees are payable, the waiver of fees and the recovery of unpaid 19 amounts of fees; 20 (ga) the allowances payable under this Act and the purposes for which 21 they are payable;'. 22 of new ss.40 and 41 23 Insertion Clause12. After section 39-- 24 insert-- 25 of Board 26 `Savings--members `40. Despite section 6(2) of the Health Legislation Amendment Act 1992 27

 


 

18 Health Legislation Amendment (the "amending section"), a member of the Board mentioned in section 1 7(1)(a), as in force before the commencement of the amending section, 2 continues in office for the remainder of the term of the member's 3 appointment, but any subsequent vacancy in the member's office that is 4 filled under section 10 must be filled having regard to section 7(1)(a) as in 5 force after the commencement of the amending section. 6 of Board to make by-laws about fees 7 `Power `41. For the removal of doubt, it is declared that the Board has always 8 had power to make by-laws in respect of the matters specified in section 9 38(g).'. 10 PART 3--AMENDMENT OF DENTAL ACT 1971 11 Act 12 Amended The Dental Act 1971 is amended as set out in this Part. 13 Clause13. of s.4 (Meaning of terms) 14 Amendment Clause14.(1) Section 4(1) (definition "Minister")-- 15 omit. 16 (2) Section 4(1)-- 17 insert-- 18 ` "fee" includes tax;'. 19 of s.7 (Members of Board) 20 Amendment Section 7(1)-- 21 Clause15.(1) omit `seven', insert `9'. 22

 


 

19 Health Legislation Amendment (2) After section 7(2)(b)-- 1 insert-- 2 `; and 3 (c) 1 person representing users of the services of dentists; and 4 (d) a barrister or solicitor of the Supreme Court.'. 5 of new s.7A 6 Insertion Clause16. After section 7-- 7 insert-- 8 in number of members 9 `Increase `7A. If the number of members required to constitute the Board is 10 increased, a vacancy is taken to exist in the office of a member or members 11 to the number of the increase and-- 12 (a) each vacancy may be filled under section 10; and 13 (b) the Governor in Council may nominate the term of appointment 14 of the person appointed to fill each vacancy.'. 15 of s.11 (Meetings of Board) 16 Amendment Section 11(2)-- 17 Clause17. omit `four', insert `5'. 18 of s.35 (By-laws) 19 Amendment Section 35(h)-- 20 Clause18. omit, insert-- 21 `(h) the purposes for which fees are payable under this Act, the 22 amounts of fees, the persons who are liable to pay fees, when 23 fees are payable, the waiver of fees and the recovery of unpaid 24 amounts of fees; 25 (ha) the allowances payable under this Act and the purposes for which 26 they are payable;'. 27

 


 

20 Health Legislation Amendment of new s.37A 1 Insertion Clause19. After section 37-- 2 insert-- 3 of Board to make by-laws about fees 4 `Power `37A. For the removal of doubt, it is declared that the Board has always 5 had power to make by-laws in respect of the matters specified in section 6 35(h).'. 7 ART 4--AMENDMENT OF DENTAL TECHNICIANS 8 P AND DENTAL PROSTHETISTS ACT 1991 9 Act 10 Amended The Dental Technicians and Dental Prosthetists Act 1991 is 11 Clause20. amended as set out in this Part. 12 of s.3 (Interpretation) 13 Amendment Section 3(1)-- 14 Clause21. insert-- 15 ` "fee" includes tax;'. 16 of s.18 (Entitlements of members of Board and 17 Amendment committees) 18 Section 18(1)-- 19 Clause22.(1) omit, insert-- 20 `18.(1) Members of-- 21 (a) the Board; or 22 (b) an advisory committee appointed by the Board; or 23 (c) a committee mentioned in section 25(2)(b)(iii); 24

 


 

21 Health Legislation Amendment are to be paid such fees and allowances as are approved by the Governor in 1 Council.'. 2 (2) Section 18(2)-- 3 omit `an advisory committee', 4 insert `a committee mentioned in subsection (1)'. 5 of new s.20A 6 Insertion Clause23. After section 20-- 7 insert-- 8 of fees 9 `Transfer `20A.(1) All registration fees paid by or on behalf of dental technicians 10 and dental prosthetists that, immediately before the commencement of this 11 section, are held by or vested in the Dental Board of Queensland (the 12 "Dental Board") are, on that commencement, divested from the Dental 13 Board and vested in the Board. 14 `(2) The Dental Board must take all necessary action to pay the fees to 15 the Board.'. 16 of s.53 (Appeals) 17 Amendment Clause24. After section 53(1)-- 18 insert-- 19 `(1A) The Judge may-- 20 (a) if the appeal is made under subsection (1)(a)-- 21 (i) allow the appeal and order the Board to register the person as 22 a dental technician or a dental prosthetist; or 23 (ii) dismiss the appeal; or 24 (b) if the appeal is made under subsection (1)(b)-- 25 (i) allow the appeal; or 26 (ii) allow the appeal and make any other order that the Board may 27 make under section 49(1); or 28

 


 

22 Health Legislation Amendment (iii) dismiss the appeal; or 1 (c) if the appeal is made under subsection (1)(c)-- 2 (i) allow the appeal and order the Board to restore the person's 3 name and other particulars to the register or terminate the 4 suspension, as the case may be; or 5 (ii) dismiss the appeal.'. 6 of s.58 (By-laws) 7 Amendment Section 58(2)(f)-- 8 Clause25.(1) omit, insert-- 9 `(f) the purposes for which fees are payable under this Act, the 10 amounts of fees, the persons who are liable to pay fees, when 11 fees are payable, the waiver of fees and the recovery of unpaid 12 amounts of fees; 13 `(fa) the allowances payable under this Act and the purposes for which 14 they are payable;'. 15 (2) Section 58(4)-- 16 omit. 17 PART 5--AMENDMENT OF FOOD ACT 1981 18 Act 19 Amended The Food Act 1981 is amended as set out in this Part. 20 Clause26. of s.5 (Interpretation) 21 Amendment Section 5(1)-- 22 Clause27.(1) insert-- 23 ` "Chief Health Officer" means the Chief Health Officer of the 24 department; 25

 


 

23 Health Legislation Amendment "Regional Health Authority" has the same meaning as in the Health 1 Services Act 1991;'. 2 (2) Section 5(1) (definition "article", paragraph (e))-- 3 omit `any thing', 4 insert `anything, including a food vehicle,'. 5 (3) Section 5(1) (definition "authorized officer")-- 6 omit, insert-- 7 ` "authorised officer" means a person-- 8 (a) appointed by section 24(1); or 9 (b) authorised under section 24(2) to exercise the powers of an 10 authorised officer;'. 11 (4) Section 5(1) (definition "Local Authority")-- 12 omit. 13 of s.24 (Authorized officers) 14 Replacement Section 24-- 15 Clause28. omit, insert-- 16 officers 17 `Authorised `24.(1) An inspector or medical officer of health under the Health Act 18 1937 is an authorised officer. 19 `(2) The Chief Health Officer may authorise any of the following to 20 exercise the powers of an authorised officer-- 21 (a) an officer of the department; or 22 (b) an officer of a Regional Health Authority nominated by the 23 Authority; or 24 (c) an officer of a local authority nominated by the authority. 25 `(3) An authorisation under subsection (2)-- 26 (a) must be in writing; and 27 (b) may be of general application or be limited to a particular 28

 


 

24 Health Legislation Amendment purpose; and 1 (c) may be revoked at any time by the Chief Health Officer. 2 `(4) Each authorised officer must be issued with an identity card 3 containing a recent photograph of the officer. 4 `(5) The identity card must be issued by-- 5 (a) if the authorised officer is an officer of the department--the Chief 6 Health Officer; and 7 (b) if the authorised officer is an officer of a Regional Health 8 Authority--the Regional Health Authority; and 9 (c) if the authorised officer is an officer of a local authority--the local 10 authority. 11 `(6) An authorised officer exercising powers under this Act in relation to 12 another person must produce the authorised officer's identity card on 13 demand by the other person.'. 14 of s.33 (Remedy in respect of articles seized) 15 Amendment Section 33(1)-- 16 Clause29.(1) omit `3', insert `the prescribed number of'. 17 (2) After section 33(1)-- 18 insert-- 19 `(1A) In subsection (1)-- 20 "prescribed number" of days means, in the case of an article that is-- 21 (a) food--3; or 22 (b) an appliance--14; or 23 (c) a package--3; or 24 (d) material used in packing food--14; or 25 (e) the whole or a part of anything, including a food vehicle, used for 26 or in connection with the sale or conveyance for sale of 27 food--14; or 28 (f) labelling or advertising material used, or capable of being used, in 29

 


 

25 Health Legislation Amendment connection with the sale of food--14.'. 1 (3) Section 33(5)-- 2 omit, insert-- 3 `(5) If an application-- 4 (a) is refused--then on the refusal; or 5 (b) is not made under subsection (1)--then when the period in which 6 the application could have been made under the subsection ends; 7 the seized article becomes-- 8 (c) if it was seized by an authorised officer who is an officer of the 9 department--the property of the State; or 10 (d) if it was seized by an authorised officer who is an officer of a 11 Regional Health Authority--the property of the Regional Health 12 Authority; or 13 (e) if it was seized by an authorised officer who is an officer of a 14 local authority--the property of the local authority. 15 `(6) A seized article that becomes the property of the State may be 16 destroyed or otherwise disposed of by the Chief Health Officer. 17 `(7) A seized article that becomes the property of a Regional Health 18 Authority or local authority may be destroyed or otherwise disposed of by 19 the Regional Health Authority or local authority.'. 20 of s.35 (Liability for costs and expenses of storage or 21 Amendment destruction or other disposal of seized articles) 22 Clause30.(1) Section 35 (paragraph (b), 1st occurring)-- 23 omit `33(5)', insert `33(6) or (7)'. 24 (2) Section 35 (after paragraph (a), 2nd occurring)-- 25 insert-- 26 `(aa) in the case of costs and expenses incurred by or on behalf of a 27 Regional Health Authority--as a debt due and owing to the 28 Regional Health Authority; or'. 29

 


 

26 Health Legislation Amendment (3) Section 35 (paragraph (b), 2nd occurring)-- 1 omit `Department of Health, as a debt due and owing to Her Majesty', 2 insert `department, as a debt due and owing to the State'. 3 of new s.58 4 Insertion Clause31. After section 57-- 5 insert-- 6 of certain officers 7 `Authorisation `58.(1) To remove any doubt, it is declared that section 24(1) (as in force 8 before the commencement of section 28 of the Health Legislation 9 Amendment Act 1992) was not limited by section 24(2) or (3) as so in force. 10 `(2) An authorisation in force under section 24(2) immediately before the 11 commencement of section 28 of the Health Legislation Amendment Act 12 1992 is, from that commencement, taken to be an authorisation under 13 section 24(2) as in force after that commencement.'. 14 amendments 15 Minor The Food Act 1981 is further amended as specified in 16 Clause32.(1) Schedule 1. 17 (2) In Schedule 1, each provision of the Act specified in column 1 is 18 amended by omitting the expression (the "relevant expression") opposite 19 the provision in column 2 and inserting the expression opposite the relevant 20 expression in column 3. 21 ART 6--AMENDMENT OF HEALTH ACT 1937 22 P Act 23 Amended The Health Act 1937 is amended as set out in this Part. 24 Clause33.

 


 

27 Health Legislation Amendment of s.5 (Interpretation) 1 Amendment Section 5-- 2 Clause34.(1) insert-- 3 ` "Chief Health Officer" means the Chief Health Officer of the 4 department; 5 "day hospital" means a hospital that provides prescribed surgical or 6 medical treatment by a medical specialist, within the meaning of the 7 Medical Act 1939, that does not require overnight hospitalisation;'. 8 (2) Section 5 (definition "Local Authority")-- 9 omit. 10 of s.7 (Delegation of powers, etc.) 11 Amendment Section 7(4)-- 12 Clause35. omit `duly qualified'. 13 of s.64 (Private hospitals to be licensed) 14 Amendment Clause36. After section 64(d)-- 15 insert-- 16 `; or 17 (e) a day hospital.'. 18 of s.66 (Kinds of licences) 19 Amendment Section 66-- 20 Clause37.(1) omit `four', insert `5'. 21 (2) Section 66 (after paragraph (d), 1st occurring)-- 22 insert-- 23 `; 24 (e) a day hospital.'. 25 (3) Section 66 (after `licence for a general private hospital', twice 26

 


 

28 Health Legislation Amendment occurring)-- 1 insert-- 2 `or a day hospital'. 3 (4) Section 66 (after `combined general private')-- 4 insert-- 5 `and maternity hospital or combined day'. 6 of new ss.71A and 71B 7 Insertion Clause38. After section 71-- 8 insert-- 9 reports 10 `Monthly `71A.(1) The licensee of a private hospital must, for each month, give the 11 Chief Health Officer 2 reports, in the forms approved by the Chief Health 12 Officer, stating for the month-- 13 (a) in the case of one report--the details indicated in the approved 14 form in relation to each patient whose stay in the hospital was 15 terminated; and 16 (b) in the case of the other report--a summary, in statistical form, of 17 details of admissions, separations, patient type and occupied bed 18 days. 19 `(2) The reports must reach the Chief Health Officer by the end of the 20 month following the month for which they are required to be given. 21 Maximum penalty--4 penalty units. 22 23 `Confidentiality `71B.(1) A person must not record, disclose or use confidential 24 information gained by the person through involvement in the administration 25 of this Division unless the person does so-- 26 (a) for the purposes of this Act; or 27 (b) when expressly authorised under an Act. 28

 


 

29 Health Legislation Amendment Maximum penalty--10 penalty units. 1 `(2) The Chief Health Officer may disclose confidential information 2 mentioned in subsection (1)-- 3 (a) to a person if the information is in a statistical or similar form that 4 does not disclose the identity of a patient; or 5 (b) to-- 6 (i) a person conducting scientific research and study; or 7 (ii) an official of any State or Territory or the Commonwealth; 8 who has, in the opinion of the Chief Health Officer, a legitimate 9 interest in the information. 10 `(3) In this section-- 11 "confidential information" includes the name, address, place of 12 employment or any other particular likely to lead to the identification of 13 a patient.'. 14 of s.152 (Regulations) 15 Amendment Clause39. Section 152(1)(xxviii)-- 16 omit, insert-- 17 `(xxviii)creating offences and prescribing penalties of not more 18 than 80 penalty units for the offences; and'. 19 PART 7--AMENDMENT OF HEALTH RIGHTS 20 COMMISSION ACT 1991 21 Act 22 Amended The Health Rights Commission Act 1991 is amended as set out in 23 Clause40. this Part. 24

 


 

30 Health Legislation Amendment of Schedule 2 (Declared Registration Boards) 1 Amendment Clause41. Schedule 2 (item 12)-- 2 omit `Therapists', insert `Pathologists'. 3 ART 8--AMENDMENT OF HOSPITALS 4 P FOUNDATIONS ACT 1982 5 Act 6 Amended The Hospitals Foundations Act 1982 is amended as set out in this 7 Clause42. Part. 8 of s.4 (Interpretation) 9 Amendment Clause43.(1) Section 4 (heading)-- 10 omit, insert-- 11 `Definitions'. 12 (2) Section 4 (definition "Minister")-- 13 omit. 14 of s.25 (Interests to be disclosed) 15 Replacement Section 25-- 16 Clause44. omit, insert-- 17 of interests 18 `Disclosure `25.(1) If-- 19 (a) a member of a body corporate has a personal interest, or a direct 20 or indirect pecuniary interest, in a matter being considered, or 21 about to be considered, by the body corporate; and 22 (b) the interest could conflict with the proper performance of the 23 member's duties in relation to consideration of the matter; 24

 


 

31 Health Legislation Amendment the member must, as soon as practicable after the relevant facts come to the 1 member's knowledge, disclose the nature of the interest to a meeting of the 2 body corporate. 3 `(2) A disclosure under subsection (1) must be recorded in the minutes 4 of the meeting and, unless the body corporate otherwise determines, the 5 member must not-- 6 (a) be present during any deliberation of the body corporate in 7 relation to the matter; or 8 (b) take part in any decision of the body corporate in relation to the 9 matter. 10 `(3) For the purpose of the making of a determination by the body 11 corporate under subsection (2) in relation to the member, the member or 12 another member who has a personal interest, or a direct or indirect 13 pecuniary interest, in the matter to which the disclosure relates must not-- 14 (a) be present during any deliberation of the body corporate for the 15 purpose of making the determination; or 16 (b) take part in the making by the body corporate of the 17 determination.'. 18 of new s.25A 19 Insertion Clause45. After section 25-- 20 insert-- 21 to act honestly and with propriety 22 `Members `25A.(1) A member of a body corporate must at all times act honestly in 23 the exercise of the member's powers and the discharge of the member's 24 functions under this Act. 25 `(2) A member of a body corporate must not make improper use of-- 26 (a) the office of member; or 27 (b) information acquired by virtue of holding that office; 28 to gain, directly or indirectly, an advantage for the member or another 29 person or to cause detriment to the body corporate.'. 30

 


 

32 Health Legislation Amendment PART 9--AMENDMENT OF MEDICAL ACT AND 1 OTHER ACTS (ADMINISTRATION) ACT 1966 2 Act 3 Amended The Medical Act and Other Acts (Administration) Act 1966 is 4 Clause46. amended as set out in this Part. 5 of s.3 (Interpretation) 6 Omission Section 3-- 7 Clause47. omit. 8 of s.4 (Contribution by Boards to Consolidated 9 Amendment Revenue) 10 Clause48.(1) Section 4 (heading)-- 11 omit, insert-- 12 `Contributions by Boards to Consolidated Fund'. 13 (2) Section 4 (1st sentence)-- 14 omit `Consolidated Revenue' (wherever occurring), 15 insert `Consolidated Fund'. 16 (3) Section 4 (1st sentence)-- 17 omit `Order in Council published in the Gazette', 18 insert `regulation'. 19 (4) Section 4 (1st sentence)-- 20 omit-- 21 `The Speech Therapists Board of Queensland constituted under the 22 Speech Therapists Act 1979;', 23 insert-- 24 `The Speech Pathologists Board constituted under the Speech 25 Pathologists Act 1979;'. 26

 


 

33 Health Legislation Amendment (5) Section 4 (1st sentence)-- 1 omit `Dental Prosthetists Registration Board', 2 insert `Dental Prosthetists Board'. 3 (6) Section 4 (1st sentence)-- 4 renumber as subsection (1). 5 (7) Section 4 (2nd sentence)-- 6 omit. 7 (8) Section 4 (3rd sentence)-- 8 omit `Under Secretary, Department of Health', 9 insert `chief executive of the department'. 10 (9) Section 4 (3rd sentence)-- 11 omit `Consolidated Revenue', 12 insert `Consolidated Fund'. 13 (10) Section 4 (3rd sentence)-- 14 renumber as subsection (2). 15 (11) After section 4(2)-- 16 insert-- 17 `(3) An order in council in force under this section immediately before 18 the commencement of this subsection continues to have effect after the 19 commencement, and may be repealed or amended, as if it were a 20 regulation.'. 21 of s.14 (Powers of Inspectors) 22 Amendment Clause49. Section 14(1)(i)-- 23 omit `Speech Therapy', insert `Speech Pathology'. 24 of new s.17 25 Insertion Clause50. After section 16-- 26

 


 

34 Health Legislation Amendment insert-- 1 2 `Regulations `17. The Governor in Council may make regulations for the purposes of 3 this Act.'. 4 ART 10--AMENDMENT OF OCCUPATIONAL 5 P THERAPISTS ACT 1979 6 Act 7 Amended The Occupational Therapists Act 1979 is amended as set out in 8 Clause51. this Part. 9 of s.4 (Meaning of terms) 10 Amendment Clause52.(1) Section 4 (heading)-- 11 omit, insert-- 12 `Definitions'. 13 (2) Section 4-- 14 insert-- 15 ` "fee" includes tax;'. 16 (3) Section 4 (definition "Minister")-- 17 omit. 18 of s.7 (Members of Board) 19 Amendment Section 7(1)-- 20 Clause53.(1) omit `seven', insert `9'. 21 (2) After section 7(1)(b)-- 22 insert-- 23

 


 

35 Health Legislation Amendment `; and 1 (c) 1 person representing users of the services of occupational 2 therapists; and 3 (d) a barrister or solicitor of the Supreme Court.'. 4 of new s.7A 5 Insertion Clause54. After section 7-- 6 insert-- 7 in number of members 8 `Increase `7A. If the number of members required to constitute the Board is 9 increased, a vacancy is taken to exist in the office of a member or members 10 to the number of the increase and-- 11 (a) each vacancy may be filled under section 10; and 12 (b) the Governor in Council may nominate the term of appointment 13 of the person appointed to fill each vacancy.'. 14 of s.11 (Meetings of Board) 15 Amendment Section 11(2)-- 16 Clause55.(1) omit `four', insert `5'. 17 (2) Section 11(2) (3rd sentence)-- 18 omit `he shall be taken to have cast is', 19 insert `the member is taken to have cast the member's'. 20 of s.37 (By-laws) 21 Amendment Section 37(g)-- 22 Clause56. omit, insert-- 23 `(g) the purposes for which fees are payable under this Act, the 24 amounts of fees, the persons who are liable to pay fees, when 25 fees are payable, the waiver of fees and the recovery of unpaid 26 amounts of fees; 27

 


 

36 Health Legislation Amendment (ga) the allowances payable under this Act and the purposes for which 1 they are payable;'. 2 of s.38 (Procedural provisions re by-laws) 3 Omission Section 38-- 4 Clause57. omit. 5 of new s.38 6 Insertion Clause58. After section 37-- 7 insert-- 8 of Board to make by-laws about fees 9 `Power `38. For the removal of doubt, it is declared that the Board has always 10 had power to make by-laws in respect of the matters specified in section 11 37(g).'. 12 ART 11--AMENDMENT OF OPTOMETRISTS ACT 13 P 1974 14 Act 15 Amended The Optometrists Act 1974 is amended as set out in this Part. 16 Clause59. of s.5 (Meaning of terms) 17 Amendment Clause60.(1) Section 5 (heading)-- 18 omit, insert-- 19 `Definitions'. 20 (2) Section 5-- 21 insert-- 22 ` "fee" includes tax;'. 23

 


 

37 Health Legislation Amendment (3) Section 5 (definition "Minister")-- 1 omit. 2 of s.8 (Members of Board) 3 Amendment Section 8(1)-- 4 Clause61.(1) omit `seven', insert `9'. 5 (2) Section 8(1)(a) (after `Minister')-- 6 insert-- 7 `of whom at least 2 are to be optometrists'. 8 (3) After section 8(1)(b)-- 9 insert-- 10 `; and 11 (c) 1 person representing users of the services of optometrists; and 12 (d) a barrister or solicitor of the Supreme Court.'. 13 of new s.8A 14 Insertion Clause62. After section 8-- 15 insert-- 16 in number of members 17 `Increase `8A. If the number of members required to constitute the Board is 18 increased, a vacancy is taken to exist in the office of a member or members 19 to the number of the increase and-- 20 (a) each vacancy may be filled under section 11; and 21 (b) the Governor in Council may nominate the term of appointment 22 of the person appointed to fill each vacancy.'. 23 of s.12 (Meetings of Board) 24 Amendment Section 12(2)-- 25 Clause63. omit `four', insert `5'. 26

 


 

38 Health Legislation Amendment of s.40 (By-laws) 1 Amendment Section 40(1)(h)-- 2 Clause64. omit, insert-- 3 `(h) the matters in respect of which fees are payable for the purposes 4 of this Act, the amounts of fees, the persons who are liable to pay 5 fees, when fees are payable, the waiver of fees and the recovery 6 of unpaid amounts of fees; 7 (ha) the allowances payable under this Act and the purposes for which 8 they are payable;'. 9 of s.41 (Procedural provisions re by-laws) 10 Replacement Section 41-- 11 Clause65. omit, insert-- 12 of Board 13 `Savings--members `41. Despite section 61(2) of the Health Legislation Amendment Act 14 1922 (the "amending section"), a member of the Board mentioned in 15 section 8(1)(a), as in force before the commencement of the amending 16 section, continues in office for the remainder of the term of the member's 17 appointment, but any subsequent vacancy in the member's office that is 18 filled under section 11 must be filled having regard to section 8(1)(a) as in 19 force after the commencement of the amending section. 20 of Board to make by-laws about fees 21 `Power `42. For the removal of doubt, it is declared that the Board has always 22 had power to make by-laws with respect to the matters specified in section 23 40(1)(h).'. 24

 


 

39 Health Legislation Amendment ART 12--AMENDMENT OF PHARMACY ACT 1976 1 P Act 2 Amended The Pharmacy Act 1976 is amended as set out in this Part. 3 Clause66. of s.5 (Meaning of terms) 4 Amendment Clause67.(1) Section 5 (heading)-- 5 omit, insert-- 6 `Definitions'. 7 (2) Section 5-- 8 insert-- 9 ` "fee" includes tax;'. 10 (3) Section 5 (definition "Minister")-- 11 omit. 12 of s.8 (Members of Board) 13 Amendment Section 8(1)-- 14 Clause68.(1) omit `seven', insert `9'. 15 (2) After section 8(1)(b)-- 16 insert-- 17 `; and 18 (c) 1 person representing users of the services of pharmacists; and 19 (d) a barrister or solicitor of the Supreme Court.'. 20 of new s.8A 21 Insertion Clause69. After section 8-- 22 insert-- 23

 


 

40 Health Legislation Amendment in number of members 1 `Increase `8A. If the number of members required to constitute the Board is 2 increased, a vacancy is taken to exist in the office of a member or members 3 to the number of the increase and-- 4 (a) each vacancy may be filled under section 11; and 5 (b) the Governor in Council may nominate the term of appointment 6 of the person appointed to fill each vacancy.'. 7 of s.12 (Meeting of Board) 8 Amendment Section 12(2)-- 9 Clause70. omit `four', insert `5'. 10 of s.40 (By-laws) 11 Amendment Section 40(1)(h)-- 12 Clause71. omit, insert-- 13 `(h) the matters in respect of which fees are payable for the purposes 14 of this Act, the amounts of fees, the persons who are liable to pay 15 fees, when fees are payable, the waiver of fees and the recovery 16 of unpaid amounts of fees; 17 (ha) the allowances payable under this Act and the purposes for which 18 they are payable;'. 19 of new s.45 20 Insertion Clause72. After section 44-- 21 insert-- 22 of Board to make by-laws about fees 23 `Power `45. For the removal of doubt, it is declared that the Board has always 24 had power to make by-laws with respect to the matters specified in section 25 40(1)(h).'. 26

 


 

41 Health Legislation Amendment PART 13--AMENDMENT OF PHYSIOTHERAPISTS 1 ACT 1964 2 Act 3 Amended The Physiotherapists Act 1964 is amended as set out in this Part. 4 Clause73. of s.4 (Meaning of terms) 5 Amendment Clause74.(1) Section 4 (heading)-- 6 omit, insert-- 7 `Definitions'. 8 (2) Section 4-- 9 insert-- 10 ` "fee" includes tax;'. 11 (3) Section 4 (definitions "Minister" and "Part")-- 12 omit. 13 of s.7 (Members of the Board) 14 Amendment Section 7(1)-- 15 Clause75.(1) omit `seven', insert `9'. 16 (2) After section 7(1)(b)-- 17 insert-- 18 `; and 19 (c) 1 person representing users of the services of physiotherapists; 20 and 21 (d) a barrister or solicitor of the Supreme Court.'. 22 of new s.7A 23 Insertion Clause76.(1) After section 7-- 24

 


 

42 Health Legislation Amendment insert-- 1 in number of members 2 `Increase `7A. If the number of members required to constitute the Board is 3 increased, a vacancy is taken to exist in the office of a member or members 4 to the number of the increase and-- 5 (a) each vacancy may be filled under section 7(4); and 6 (b) the Governor in Council may nominate the term of appointment 7 of the person appointed to fill each vacancy.'. 8 of s.9 (Meetings of Board) 9 Amendment Section 9(2)-- 10 Clause77. omit `Four', insert `Five'. 11 of s.31 (Regulations) 12 Amendment Clause78. Section 31(1)(iv) and (v)-- 13 omit, insert-- 14 `(iv) the fees payable for the purposes of this Act, the amounts of 15 fees, the persons who are liable to pay fees, when fees are 16 payable, the waiver of fees and the recovery of unpaid 17 amounts of fees;'. 18 of s.32 (Publication of Proclamations and regulations) 19 Replacement Section 32-- 20 Clause79. omit, insert-- 21 to make regulations about fees 22 `Power `32. For the removal of doubt, it is declared that the Governor in Council 23 has always had power to make regulations in respect of the matters 24 specified in section 31(1)(iv).'. 25

 


 

43 Health Legislation Amendment PART 14--AMENDMENT OF PODIATRISTS ACT 1 1969 2 Act 3 Amended The Podiatrists Act 1969 is amended as set out in this Part. 4 Clause80. of s.3 (Meaning of terms) 5 Amendment Clause81.(1) Section 3 (heading)-- 6 omit, insert-- 7 `Definitions'. 8 (2) Section 3-- 9 insert-- 10 ` "fee" includes tax;'. 11 (3) Section 3 (definition "Minister")-- 12 omit. 13 of s.6 (Members of Board) 14 Amendment Section 6(1)-- 15 Clause82.(1) omit `seven', insert `9'. 16 (2) Section 6(1)(a)-- 17 omit, insert-- 18 `(a) 4 persons of whom at least 2 are podiatrists; and'. 19 (3) After section 6(1)(b)-- 20 insert-- 21 `; and 22 (c) 1 person representing users of the services of podiatrists; and 23 (d) a barrister or solicitor of the Supreme Court.'. 24

 


 

44 Health Legislation Amendment of new s.6A 1 Insertion Clause83. After section 6-- 2 insert-- 3 in number of members 4 `Increase `6A. If the number of members required to constitute the Board is 5 increased, a vacancy is taken to exist in the office of a member or members 6 to the number of the increase and-- 7 (a) each vacancy may be filled under section 9; and 8 (b) the Governor in Council may nominate the term of appointment 9 of the person appointed to fill each vacancy.'. 10 of s.10 (Meetings of Board) 11 Amendment Section 10(2)-- 12 Clause84. omit `four', insert `5'. 13 of s.31 (By-laws) 14 Amendment Section 31(g)-- 15 Clause85. omit, insert-- 16 `(g) the purposes for which fees are payable under this Act, the 17 amounts of fees, the persons who are liable to pay fees, when 18 fees are payable, the waiver of fees and the recovery of unpaid 19 amounts of fees;'. 20 of s.32 (Tabling of by-laws) 21 Omission Section 32-- 22 Clause86. omit. 23 of new ss.32 and 33 24 Insertion Clause87. After section 31-- 25 insert-- 26

 


 

45 Health Legislation Amendment of Board 1 `Savings--members `32. Despite section 82(2) of the Health Legislation Amendment Act 2 1992 (the "amending section"), a member of the Board mentioned in 3 section 6(1)(a), as in force before the commencement of the amending 4 section, continues in office for the remainder of the term of the member's 5 appointment, but any subsequent vacancy in the member's office that is 6 filled under section 9 must be filled having regard to section 6(1)(a) as in 7 force after the commencement of the amending section. 8 of Board to make by-laws about fees 9 `Power `33. For the removal of doubt, it is declared that the Board has always 10 had power to make by-laws in respect of the matters specified in section 11 31(g).'. 12 PART 15--AMENDMENT OF PSYCHOLOGISTS ACT 13 1977 14 Act 15 Amended The Psychologists Act 1977 is amended as set out in this Part. 16 Clause88. of s.4 (Meaning of terms) 17 Amendment Clause89.(1) Section 4 (heading)-- 18 omit, insert-- 19 `Definitions'. 20 (2) Section 4-- 21 insert-- 22 ` "fee" includes tax;'. 23 (3) Section 4 (definition "Minister")-- 24 omit. 25

 


 

46 Health Legislation Amendment of s.7 (Members of Board) 1 Amendment Section 7(1)-- 2 Clause90.(1) omit `seven', insert `9'. 3 (2) Section 7(1)(a)-- 4 omit, insert-- 5 `(a) 4 persons of whom at least-- 6 (i) 2 are psychologists; and 7 (ii) another is a psychologist engaged in teaching psychology in 8 a higher educational institution; and'. 9 (3) After section 7(1)(b)-- 10 insert-- 11 `; and 12 (c) 1 person representing users of the services of psychologists; and 13 (d) a barrister or solicitor of the Supreme Court.'. 14 (4) After section 7(2)-- 15 insert-- 16 `(3) In this section-- 17 "higher educational institution" has the meaning given by section 68(e) 18 of the Education (General Provisions) Act 1989.'. 19 of new s.7A 20 Insertion Clause91. After section 7-- 21 insert-- 22 in number of members 23 `Increase `7A. If the number of members required to constitute the Board is 24 increased, a vacancy is taken to exist in the office of a member or members 25 to the number of the increase and-- 26 (a) each vacancy may be filled under section 10; and 27 (b) the Governor in Council may nominate the term of appointment 28

 


 

47 Health Legislation Amendment of the person appointed to fill each vacancy.'. 1 of s.11 (Meetings of Board) 2 Amendment Section 11(2)-- 3 Clause92. omit `four', insert `5'. 4 of s.18 (Qualification for registration) 5 Amendment Clause93.(1) After section 18(1)-- 6 insert-- 7 `(1A) Despite subsection (1), a person is entitled to be registered as a 8 psychologist only if, in addition to the qualification specified in subsection 9 (1)(a), (b) or (c), the person also satisfies the Board that the person has had 10 2 years' supervised experience in the practice of psychology.'. 11 (2) After section 18(2)-- 12 insert-- 13 `(2A) An application made under this section before the commencement 14 of section 93 of the Health Legislation Amendment Act 1992 is to be dealt 15 with as if that section had not commenced.'. 16 (3) Section 18(3) (words beginning `who may include' and ending 17 `Queensland')-- 18 omit. 19 of s.19 (Conditional registration) 20 Amendment Section 19(1)-- 21 Clause94. omit, insert-- 22 `19.(1) If a person has applied to the Board for registration under section 23 18(1)(a), (b) or (c) and the person is qualified except for the requirement set 24 out in section 18(1A), the Board may grant the person a certificate of 25 conditional registration.'. 26

 


 

48 Health Legislation Amendment of s.38 (By-laws) 1 Amendment Section 38(g)-- 2 Clause95. omit, insert-- 3 `(g) the purposes for which fees are payable under this Act, the 4 amounts of fees, the persons who are liable to pay fees, when 5 fees are payable, the waiver of fees and the recovery of unpaid 6 amounts of fees; 7 (ga) the allowances payable under this Act and the purposes for which 8 they are payable;'. 9 of s.39 (Procedural provisions re by-laws) 10 Replacement Section 39-- 11 Clause96. omit, insert-- 12 of Board 13 `Savings--members `39. Despite section 90(2) of the Health Legislation Amendment Act 14 1992 (the "amending section"), a member of the Board mentioned in 15 section 7(1)(a), as in force before the commencement of the amending 16 section, continues in office for the remainder of the term of the member's 17 appointment, but any subsequent vacancy in the member's office that is 18 filled under section 10 must be filled having regard to section 7(1)(a) as in 19 force after the commencement of the amending section. 20 of Board to make by-laws about fees 21 `Power `40. For the removal of doubt, it is declared that the Board has always 22 had power to make by-laws in respect of the matters specified in section 23 38(g).'. 24

 


 

49 Health Legislation Amendment ART 16--AMENDMENT OF SPEECH THERAPISTS 1 P ACT 1979 2 Act 3 Amended The Speech Therapists Act 1979 is amended as set out in this 4 Clause97. Part. 5 of s.4 (Meaning of terms) 6 Amendment Clause98.(1) Section 4 (heading)-- 7 omit, insert-- 8 `Definitions'. 9 (2) Section 4 (definition "Board")-- 10 omit, insert-- 11 ` "Board" means the Speech Pathologists Board constituted under this 12 Act;'. 13 (3) Section 4-- 14 insert-- 15 ` "fee" includes tax;'. 16 (4) Section 4 (definition "Minister")-- 17 omit. 18 of s.6 (Constitution of Board) 19 Amendment Section 6(1)-- 20 Clause99.(1) omit `The Speech Therapists Board of Queensland', 21 insert `the Speech Pathologists Board'. 22 (2) After section 6(1)-- 23 insert-- 24 `(1A) The change of name of The Speech Therapists Board of 25 Queensland to the Speech Pathologists Board effected by section 99 of the 26

 


 

50 Health Legislation Amendment Health Legislation Amendment Act 1992 does not affect-- 1 (a) its identity; or 2 (b) the exercise of rights, or the enforcement of obligations, by or 3 against it; or 4 (c) the continuation of any legal proceedings by or against it. 5 `(1B) Any legal proceedings that might have been continued or started by 6 or against the Board in its former name may be continued or started in its 7 new name.'. 8 of s.7 (Members of Board) 9 Amendment Section 7(1)-- 10 Clause100.(1) omit `seven', insert `9'. 11 (2) After section 7(1)(b)-- 12 insert-- 13 `; and 14 (c) 1 person representing users of the services of speech 15 pathologists; and 16 (d) a barrister or solicitor of the Supreme Court.'. 17 (3) Section 7(1)-- 18 omit `(1)'. 19 (4) Section 7(2)-- 20 omit. 21 of new s.7A 22 Insertion Clause101. After section 7-- 23 insert-- 24 in number of members 25 `Increase `7A. If the number of members required to constitute the Board is 26 increased, a vacancy is taken to exist in the office of a member or members 27

 


 

51 Health Legislation Amendment to the number of the increase and-- 1 (a) each vacancy may be filled under section 10; and 2 (b) the Governor in Council may nominate the term of appointment 3 of the person appointed to fill each vacancy.'. 4 of s.11 (Meetings of Board) 5 Amendment Section 11(2)-- 6 Clause102. omit `four', insert `5'. 7 of s.37 (By-laws) 8 Amendment Section 37(g)-- 9 Clause103. omit, insert-- 10 `(g) the purposes for which fees are payable under this Act, the 11 amounts of fees, the persons who are liable to pay fees, when 12 fees are payable, the waiver of fees and the recovery of unpaid 13 amounts of fees; 14 (ga) the allowances payable under this Act and the purposes for which 15 they are payable;'. 16 of s.38 (Procedural provisions re by-laws) 17 Omission Section 38-- 18 Clause104. omit. 19 of new ss. 38 and 39 20 Insertion Clause105. After section 37-- 21 insert-- 22 to speech therapy etc. 23 `References `38.(1) A reference in an Act or other document in force immediately 24 before the commencement of this section, to-- 25 (a) speech therapy; or 26

 


 

52 Health Legislation Amendment (b) a speech therapist; or 1 (c) the Speech Therapists Board of Queensland; or 2 (d) the Speech Therapists Act 1979; 3 is, on the commencement of this section, taken to be a reference to-- 4 (e) speech pathology; or 5 (f) a speech pathologist; or 6 (g) the Speech Pathologists Board; or 7 (h) the Speech Pathologists Act 1979; 8 respectively. 9 `(2) A person who, immediately before the commencement of section 10 105 of the Health Legislation Amendment Act 1992, was a speech therapist 11 is, from that commencement and subject to this Act, a speech pathologist. 12 of Board to make by-laws about fees 13 `Power `39. For the removal of doubt, it is declared that the Board has always 14 had power to make by-laws in respect of the matters specified in section 15 37(g).'. 16 amendments 17 Minor The Speech Therapists Act 1979 is further amended as 18 Clause106.(1) specified in Schedule 2. 19 (2) In Schedule 2, each provision of the Act specified in column 1 is 20 amended by omitting the expression (the "relevant expression") opposite 21 the provision in column 2 and inserting the expression opposite the relevant 22 expression in column 3. 23 PART 17--AMENDMENT OF MEDICAL ACT 1939 24

 


 

53 Health Legislation Amendment Act 1 Amended The Medical Act 1939 is amended as set out in this Part. 2 Clause107. of s.3 (Repeal of "The Medical Acts, 1925 to 1935") 3 Omission Section 3-- 4 Clause108. omit. 5 of s.4 (Meaning of terms) 6 Amendment Section 4 (definitions "By-Laws", "Minister", 7 Clause109.(1) "Prescribed" and "This Act")-- 8 omit. 9 (2) Section 4-- 10 insert-- 11 ` "competent to practise medicine" has the meaning given by section 4A; 12 "fee" includes tax; 13 "general registration" means registration that is not subject to a condition; 14 "impairment" has the meaning given by section 4B; 15 "Register" includes the Register of Medical Practitioners, Queensland and 16 the Register of Specialists, Queensland;'. 17 of new ss.4A and 4B 18 Insertion Clause110. After section 4-- 19 insert-- 20 of "competent to practise medicine" 21 `Meaning `4A. A person is competent to practise medicine only if the person-- 22 (a) has sufficient physical capacity, mental capacity and skill to 23 practise medicine; and 24 (b) has sufficient communication skills for the practice of medicine, 25 including an adequate command of the English language. 26

 


 

54 Health Legislation Amendment of "impairment" 1 `Meaning `4B.(1) A person is considered to suffer from impairment if the person 2 suffers from a physical or mental impairment, disability, condition or 3 disorder that detrimentally affects or is likely to detrimentally affect the 4 person's physical or mental capacity to practise medicine. 5 `(2) Habitual drunkenness or addiction to a deleterious drug is considered 6 to be a physical or mental disorder.'. 7 of heading before s.5 (Regulations, Proclamations, etc.) 8 Omission Clause111. Heading before section 5-- 9 omit. 10 of s.5 11 Omission Section 5-- 12 Clause112. omit. 13 of s.8 (Constitution of Board; president) 14 Amendment Section 8(1)-- 15 Clause113.(1) omit `seven', insert `9'. 16 (2) Section 8(1) (after paragraph (iii))-- 17 insert-- 18 `(iv) 1 member representing users of the services of medical 19 practitioners; 20 (v) a barrister or solicitor of the Supreme Court.'. 21 of new s.8A 22 Insertion Clause114. After section 8-- 23 insert-- 24 in number of members 25 `Increase

 


 

55 Health Legislation Amendment `8A. If the number of members required to constitute the Board is 1 increased, an extraordinary vacancy is taken to exist in the office of a 2 member or members to the number of the increase and-- 3 (a) each extraordinary vacancy may be filled under section 8(5); and 4 (b) the Governor in Council may nominate the term of appointment 5 of the person appointed to fill each vacancy.'. 6 of s.11 (Quorum) 7 Amendment Section 11(5)-- 8 Clause115. omit `four', insert `5'. 9 of s.16 (Power to make by-laws) 10 Amendment Clause116. Section 16(1)(vi)-- 11 omit, insert-- 12 `(vi) the purposes for which fees are payable under this Act, the 13 amounts of fees, the persons who are liable to pay fees, 14 when fees are payable, the waiver of fees and the recovery of 15 unpaid amounts of fees;'. 16 of Part 4 17 Replacement Part 4-- 18 Clause117. omit, insert-- 19 PART 4--REGISTRATION 20 ` 1--Qualifications for registration 21 `Division to general registration based on qualifications and 22 `Entitlement training 23 `17.(1) A person is entitled to general registration as a medical 24 practitioner if the person has recognised medical qualifications and has 25

 


 

56 Health Legislation Amendment successfully completed a period of internship or supervised training 1 required by the Board. 2 `(2) A person has "recognised medical qualifications" if the person is 3 a graduate of a Medical School (whether within or outside Australia) 4 accredited by the Australian Medical Council or has successfully completed 5 examinations held by the Council for the purposes of registration as a 6 medical practitioner. 7 to conditional registration for interns 8 `Entitlement `17A.(1) A person is entitled to be registered as a medical practitioner 9 subject to appropriate conditions if the person would be entitled to 10 registration under section 17 except for the fact that the person has not 11 completed a period of internship or supervised training required by the 12 Board. 13 `(2) The "appropriate conditions" of registration are the conditions that 14 the Board considers appropriate for the purpose of enabling the person to 15 complete the internship or training. 16 to general or conditional registration based on 17 `Entitlement registration elsewhere in Australia 18 `17B.(1) A person who is licensed or registered as a medical practitioner 19 under the law in force in another State or a Territory is entitled to be 20 registered as a medical practitioner under this Act. 21 `(2) If the person's licence or registration in the other State or the 22 Territory is not subject to a condition or restriction, the person's entitlement 23 to registration under this Act is an entitlement to general registration. 24 `(3) If the person's licence or registration in the other State or the 25 Territory is subject to a condition or restriction, the person's entitlement to 26 registration under this Act is an entitlement to registration subject to-- 27 (a) the conditions to which the licence or registration is subject in the 28 other State or the Territory; or 29 (b) the conditions appropriate to give effect to the condition or 30 restriction to which the licence or registration is subject in the 31 other State or the Territory. 32

 


 

57 Health Legislation Amendment registration at the discretion of the Board 1 `Conditional `17C. The Board may register a person as a medical practitioner under 2 any of the following paragraphs and may impose such conditions on the 3 registration as the Board considers appropriate-- 4 (a) Graduates from non-accredited institutions--postgraduate 5 training 6 · A person who is a graduate of medicine from an institution 7 which is not accredited by the Australian Medical Council 8 may be registered on a temporary basis to enable the person 9 to undertake a period of postgraduate training in medicine 10 approved by the Board; 11 (b) Candidates for Council examinations approved for 12 supervised training 13 · A person who is a candidate for an examination held by the 14 Australian Medical Council and has been approved by the 15 Council to undertake a period of supervised training 16 approved by the Board before sitting for the examination 17 may be registered for the purpose of enabling the person to 18 undertake the training; 19 (c) Medical teaching or research 20 · A person may be registered for the purpose of enabling the 21 person to fill a medical teaching or research position if the 22 person has qualifications that the Board recognises for the 23 purpose; 24 (d) Unmet areas of need 25 · A person may be registered for the purpose of enabling an 26 unmet area of need to be met if the Board is satisfied that the 27 person has suitable qualifications and experience to practise 28 medicine in the area of need; 29 (e) Recognised specialist qualifications and experience 30 · A person may be registered if the Board is satisfied that the 31 person has specialist qualifications and experience in 32 medicine recognised by the relevant Australian specialist 33 college or institution and registration is for the purpose of 34

 


 

58 Health Legislation Amendment enabling the person to practise within that specialty; 1 (f) Foreign specialist qualifications and experience--further 2 training 3 · A person may be registered if the Board is satisfied that the 4 person has specialist qualifications and experience in 5 medicine obtained outside Australia that are not recognised 6 by the relevant Australian specialist college or institution, 7 and that registration is for the purpose of enabling the person 8 to undergo further specialist training or examination before 9 being assessed for recognition by the college or institution; 10 (g) Temporary registration in the public interest 11 · A person may be registered on a temporary basis if the 12 Board is satisfied that it is in the public interest to do so. 13 registration available in certain cases 14 `Interim `17D.(1) An applicant for registration may be granted interim registration 15 in either of the following cases-- 16 (a) if the applicant is entitled to registration under section 17 but it is 17 not practicable to wait until the Board can consider the 18 application; 19 (b) if the applicant would be entitled to registration under section 17A 20 except for the fact that a degree or award to which the applicant is 21 entitled has not yet been conferred or granted by the institution 22 concerned. 23 `(2) A person authorised by the Board for the purposes of this section 24 may grant an applicant interim registration under this section. 25 `(3) A person's interim registration is in force from the time of its grant 26 until the person is given written notice that any of the following things has 27 happened-- 28 (a) the Board has granted the person registration; 29 (b) the Board has refused the application for registration; 30 (c) the Board has cancelled the interim registration. 31 `(4) The Board may cancel a person's interim registration for a reason 32

 


 

59 Health Legislation Amendment that it considers appropriate. 1 `(5) If the Board acts under subsection (4), it must immediately give the 2 person written notice of the cancellation. 3 `(6) A person who holds interim registration is, for all purposes, taken to 4 be registered as a medical practitioner. 5 `(7) If a person was the holder of interim registration immediately before 6 the person is registered, the person's registration is taken to have 7 commenced on the day on which interim registration was granted. 8 `(8) Interim registration granted under this section is taken to have been 9 granted by the Board. 10 registration 11 `Non-practising `17E.(1) A person who is entitled to, or eligible for, registration under 12 another provision of this Part, but who does not intend to practise, may elect 13 to be registered subject to the condition that the person is not to practise 14 medicine. 15 `(2) The Board may register the person mentioned in subsection (1) 16 subject to such a condition. 17 may be imposed in cases of impairment 18 `Conditions `17F.(1) The Board may impose conditions on a person's registration if 19 the Board is satisfied that the person suffers from an impairment and the 20 conditions are reasonably required having regard to the impairment. 21 `(2) A medical practitioner who has had conditions imposed on the 22 person's registration under this section (including on a review under this 23 section) may apply to the Board for a review of the conditions. 24 `(3) The Board may decline to review the conditions if the application is 25 made within 6 months after the conditions were last reviewed under this 26 section. 27 `(4) On a review of conditions, the Board may alter or remove conditions 28 or impose new conditions, as it considers appropriate. 29 `(5) If the Board acts under subsection (3) or (4), it must immediately 30 give the medical practitioner written notice of the conditions imposed, 31

 


 

60 Health Legislation Amendment altered or removed. 1 to registration does not prevent conditions being 2 `Entitlement imposed 3 `17G. An entitlement to registration under this Act does not prevent 4 conditions being imposed on that registration under this Act. 5 `Division 2--Specialists 6 7 `Specialists `18.(1) A medical practitioner who has general registration is entitled to 8 specialist registration if the medical practitioner has recognised specialist 9 qualifications in a prescribed speciality of medicine. 10 `(2) A person has "recognised specialist qualifications in a prescribed 11 speciality of medicine" if the person satisfies the Board that the person-- 12 (a) has gained special skill in the particular speciality, with respect to 13 which the application relates, by adequate experience in the 14 speciality gained in the prescribed way; and 15 (b) is the holder of a qualification in a prescribed speciality of 16 medicine; and 17 (c) satisfies the prescribed conditions that relate to the qualification. 18 3--Grounds for refusing registration 19 `Division may be refused despite entitlement or eligibility 20 `Registration `19. This Division overrides an entitlement to, or eligibility for, 21 registration under Divisions 1 and 2. 22 must be competent and of good character 23 `Applicants `19A. The Board may register a person as a medical practitioner only if it 24 is satisfied that the person-- 25

 


 

61 Health Legislation Amendment (a) is competent to practise medicine; and 1 (b) is of good character. 2 on registration of deregistered persons 3 `Restrictions `19B.(1) The Board must reject an application for registration by a 4 person who has been deregistered under this Act. 5 `(2) A person is "deregistered" when-- 6 (a) the person's name is removed from the Register under an order 7 of the Tribunal or the Supreme Court; or 8 (b) the Tribunal or the Supreme Court orders that the person not be 9 re-registered. 10 `(3) The only way such a person can again be registered is on a review 11 under Division 3 of Part 4B of the order by which the person was 12 deregistered. 13 may be refused if applicant convicted of offence 14 `Registration `19C.(1) The Board may refuse an application for registration if-- 15 (a) the applicant has been convicted in Queensland of an offence or 16 has been convicted elsewhere by a court for or in respect of an act 17 or omission that would, had it taken place in Queensland, have 18 constituted an offence; and 19 (b) the Board is of the opinion that the conviction renders the person 20 unfit in the public interest to practise medicine. 21 `(2) In making a decision under this section, the Board is to have regard 22 to the nature of the offence (such as, for example, whether it is of a trivial 23 nature) and the circumstances in which it was committed. 24 may be refused if applicant deregistered on disciplinary 25 `Registration grounds in another jurisdiction 26 `19D.(1) The Board may refuse an application for registration if the 27 applicant's name has been removed or erased from a foreign medical 28 register for a reason relating to conduct of the person amounting to 29

 


 

62 Health Legislation Amendment misconduct in a professional respect, or on a basis relating to the person's 1 physical or mental capacity to practise medicine. 2 `(2) In this section-- 3 "foreign medical register" means a register or roll established or kept 4 under a law of another State or a Territory or of a foreign country 5 providing for the registration, licensing or certification of medical 6 practitioners under an authority established by a law of the State, 7 Territory or country. 8 `Division 4--Suspension of registration for the protection of the public 9 or imposition of conditions to protect life 10 `Suspension `20.(1) If the Board is satisfied that such action is necessary for the 11 purpose of protecting the life or the physical or mental health of a person, 12 the Board may-- 13 (a) by order, suspend a medical practitioner from practising medicine 14 for such period (not longer than 30 days) as is specified in the 15 order; or 16 (b) impose on a medical practitioner's registration, conditions, 17 relating to the practitioner's practising medicine, that it considers 18 appropriate. 19 `(2) The Board may take the action whether or not a complaint has been 20 made to the Board about the medical practitioner. 21 `(3) The Board must refer the matter to the Tribunal, together with details 22 of the action taken by the Board under this section. 23 `(4) This Division does not affect the provisions of the Health Rights 24 Commission Act 1991 relating to the investigation of complaints against 25 registered providers (within the meaning of that Act). 26 of suspension 27 `Extension `20A.(1) A period of suspension imposed under this Division may be 28 extended by order of the Board for further periods, each of which is not 29 longer than 30 days. 30

 


 

63 Health Legislation Amendment (2) Subsection (1) applies only if the matter has not been disposed of. 1 of suspension 2 `Expiration `20B. On the expiry of a period of suspension imposed under this 3 Division, the person's rights and privileges as a medical practitioner are 4 revived, subject to any order of the Tribunal on the complaint that is referred 5 to the Tribunal. 6 of conditions imposed 7 `Effect `20C.(1) Conditions imposed under this Division have effect until the 8 matter is disposed of. 9 `(2) This section does not prevent conditions being imposed under 10 another provision of this Act. 11 `Division 5--Appeals 12 of appeal 13 `Right `21.(1) A person may appeal to the Tribunal against any of the following 14 determinations of the Board-- 15 (a) a determination to refuse a person's application for registration; 16 (b) a determination imposing a condition on the person's registration; 17 (c) a determination in respect of a review under section 17F of the 18 conditions to which a person's registration is subject; 19 (d) a determination made under section 30, 30K(1), 31A(3) or 91 to 20 remove a medical practitioner's name from the Register; 21 (e) a determination made under section 30A, 30K(2) or 31B(3) to 22 alter the records of the Register in respect of a medical 23 practitioner. 24 `(2) An appeal must be made within 28 days (or such longer period as 25 the Registrar may allow in a particular case) after notice of the determination 26 or action is given to the person. 27

 


 

64 Health Legislation Amendment to be lodged with Registrar 1 `Appeal `21A. An appeal must be lodged with the Registrar who is to refer it to 2 the Tribunal. 3 from inquiry decision to be by way of rehearing 4 `Appeal `21B.(1) If the determination in respect of which an appeal is made was 5 made because of an inquiry held by the Board, the appeal is to be dealt with 6 by way of rehearing. 7 `(2) Fresh evidence or evidence in addition to or in substitution for the 8 evidence received at the inquiry may be given at the rehearing. 9 appeal does not affect Board's determination 10 `Pending `21C. An appeal does not affect a determination with respect to which it 11 is made until the appeal is determined. 12 of appeal 13 `Determination `21D.(1) When it determines an appeal, the Tribunal may dismiss the 14 appeal or order that the determination of the Board be revoked and replaced 15 by a different determination made by the Tribunal and specified in the order. 16 `(2) The Tribunal may also make such ancillary orders as it considers 17 appropriate. 18 `(3) The Tribunal's decision-- 19 (a) is taken to be the determination of the Board; and 20 (b) does not confer a right of appeal under this Division in respect of 21 the decision. 22 `(4) The Board is to give effect to an order made by the Tribunal. 23 `Division 6--Notification to medical registration authorities 24 of certain matters to other States 25 `Notification `22. The Board must give medical registration authorities in other States 26

 


 

65 Health Legislation Amendment or in a Territory such notice and details of the following matters as the 1 Board considers appropriate or desirable in the particular case-- 2 (a) a complaint made against a medical practitioner under this Act, 3 unless it is determined that no further action should be taken in 4 respect of the complaint; 5 (b) an order made under this Act in respect of such a complaint; 6 (c) the removal of the name of a person from the Register and the 7 reasons for the removal; 8 (d) the placing of conditions on a person's registration. 9 `PART 4A--REGISTRATION PROCEDURES 10 1--Applying for registration 11 `Division etc. of application 12 `Form `23. An application for registration must be in a form approved by the 13 Board and must be lodged with the Registrar. 14 fee 15 `Application `23A.(1) The application is to be accompanied by the prescribed fee. 16 `(2) The Board may waive the requirement for a fee in a particular case. 17 to accompany application 18 `Evidence `23B. The application is to be accompanied by such evidence as the 19 Board requires. 20 within which application to be determined 21 `Time `23C.(1) For the purposes of an appeal under this Act, the Board is taken 22 to have determined that an applicant for registration is not entitled to be 23

 


 

66 Health Legislation Amendment registered and to have refused the application if the Board does not consider 1 and determine the application within 3 months after the application is lodged 2 with the Registrar. 3 `(2) The Board and the applicant may agree on a longer period than 3 4 months for the purposes of this section, in which case the agreed longer 5 period applies. 6 `Division 2--Dealing with applications 7 to be considered and determined 8 `Applications `24. The Board is to consider and determine all applications for 9 registration by either-- 10 (a) registering the applicant (unconditionally or subject to 11 conditions); or 12 (b) refusing the application. 13 to applicant of decision on application 14 `Notice `24A.(1) The Board is to give an applicant for registration written notice 15 of the Board's decision on the application as soon as practicable after the 16 decision is made. 17 `(2) If the decision is to grant registration, the Board is to issue to the 18 applicant a certificate of registration in a form approved by the Board and 19 stating the particulars recorded in the Register with respect to the applicant. 20 a person is registered 21 `How `24B. The Board registers a person by recording in the Register the 22 particulars that the Board considers appropriate and any conditions to which 23 the registration is subject. 24 on registration 25 `Conditions `24C. The conditions that may be imposed on registration under this Act 26 at the time of registration include-- 27

 


 

67 Health Legislation Amendment (a) conditions relating to the duration of registration; and 1 (b) the aspects of the practice in which the person who is registered 2 may be engaged; and 3 (c) conditions relating to any other matter that the Board considers 4 appropriate. 5 3--Inquiries 6 `Division may hold inquiry into eligibility 7 `Board `25.(1) The Board may hold an inquiry, in such cases as it considers 8 appropriate, into the eligibility of an applicant to be registered as a medical 9 practitioner. 10 `(2) The inquiry may include an inquiry into the applicant's competence 11 to practise medicine. 12 must hold inquiry in certain cases 13 `Board `25A. If the Board is not satisfied as to the eligibility of an applicant to be 14 registered after considering the application for registration, the Board is to 15 hold an inquiry under this Division for the purpose of satisfying itself as to 16 eligibility. 17 of Board for inquiry 18 `Constitution `25B. For the purposes of conducting an inquiry under this Part, the 19 Board may appoint a Committee of Assessors comprised of medical 20 practitioners (whether or not they are members of the Board). 21 to be notified of inquiry 22 `Applicant `25C. The Committee of Assessors is to fix a time and place for the 23 holding of an inquiry and is to give the applicant concerned at least 14 days' 24 written notice of the time and place for the inquiry. 25

 


 

68 Health Legislation Amendment entitled to attend 1 `Practitioner `25D. The applicant concerned is entitled to attend and to be accompanied 2 by a barrister or solicitor or another adviser, but is not entitled to be 3 represented by a barrister or solicitor or other adviser. 4 medical examinations of applicants for registration 5 `Preliminary `25E. Before or during an inquiry under this Division, the Board may 6 require the applicant for registration, by written notice given to the applicant, 7 to undergo, at the Board's expense, a medical examination by a specified 8 medical practitioner, at a specified reasonable time and place. 9 of the Committee of Assessors in an inquiry 10 `Decision `25F. On completion of the inquiry, the Committee of Assessors is to 11 advise the Board of its decision about the eligibility of the applicant to be 12 registered as a medical practitioner. 13 of decision to be supplied to applicant 14 `Details `25G.(1) The Board must give written notice of the decision on an 15 inquiry to the applicant and must do so within 1 month after the decision is 16 made. 17 `(2) The notice must give the reasons for the decision. 18 `(3) The Board may also give written notice of a decision to such other 19 persons as the Board considers appropriate. 20 4--Keeping and alteration of the Register 21 `Division is to keep the Register 22 `Board `26.(1) The Board is to keep-- 23 (a) a register called the Register of Medical Practitioners, 24 Queensland; and 25 (b) a register called the Register of Specialists, Queensland. 26

 


 

69 Health Legislation Amendment `(2) The Register must be made available, at all reasonable times, for 1 inspection at the office of the Board by any person on payment of the 2 prescribed fee. 3 `(3) The Board may carry out a search of the Register on a person's 4 behalf and is entitled to charge such fee as it determines for the search. 5 information may be recorded in the Register 6 `Additional `26A.(1) On application by a medical practitioner and payment of the 7 prescribed fee, the Board may record in the Register any particulars, in 8 addition to those required to be recorded in the Register, as the Board 9 approves. 10 `(2) The Board must make other recordings in the Register necessary for 11 the purpose of maintaining the Register as an accurate record of the 12 particulars relating to each medical practitioner. 13 of removal from the Register 14 `Method `26B.(1) The name of a medical practitioner is removed from the 15 Register by the making in the Register of the recording the Board directs. 16 `(2) If a person's name is removed from the Register otherwise than in 17 accordance with an order of the Tribunal or the Supreme Court, the Board 18 must give written notice to the person. 19 of certificates 20 `Surrender `26C.(1) The Board may, by written notice, require a person who has 21 ceased to be registered to give to the Board within a specified reasonable 22 time a certificate issued to the person under this Act in respect of the 23 registration. 24 `(2) The person must not, without reasonable excuse, fail to comply with 25 the notice. 26 Maximum penalty--1 penalty unit. 27

 


 

70 Health Legislation Amendment a recording in the Register--extended meaning 1 `Making `26D. A reference in this Act to "the making of a recording in the 2 Register" includes a reference to amending, cancelling or deleting a 3 recording in the Register. 4 5--Annual registration fees 5 `Division registration fee payable 6 `Annual `27. A medical practitioner must, on or before a day notified in writing to 7 the practitioner at least 1 month in advance, pay to the Board the prescribed 8 annual registration fee. 9 name may be removed from Register for non-payment 10 `Practitioner's `27A.(1) The Board must give written notice to a medical practitioner 11 who does not pay the annual registration fee on or before the due day that, if 12 the fee is not paid on or before a later specified day, the practitioner's name 13 will be removed from the Register. 14 `(2) The Board may remove from the Register the name of a medical 15 practitioner who has been so notified and fails to pay the fee on or before 16 the later day. 17 to restoration if fee paid 18 `Entitlement `27B.(1) A person whose name has been removed from the Register for 19 failure to pay the annual registration fee is entitled to have their name 20 restored to the Register if the person pays to the Board the unpaid annual 21 registration fee or fees together with the prescribed restoration fee. 22 `(2) The Board may waive payment of the restoration fee in a particular 23 case. 24 `(3) The entitlement of a person to have their name restored to the 25 Register is an entitlement to registration on the same terms and subject to 26 the same conditions (if any) as applied to the person's registration 27 immediately before the removal of the person's name from the Register. 28 `(4) A person registered under an entitlement to have their name restored 29

 


 

71 Health Legislation Amendment to the Register under this section is taken to have been so registered on and 1 from the day the person's name was removed from the Register or on and 2 from such later day as the Board determines and notifies to the person. 3 `(5) The entitlement of a person to have their name restored to the 4 Register under this section does not override any other provision of this Act 5 under which the person's name is authorised or required to be removed 6 from the Register. 7 may waive registration fee 8 `Board `27C. The Board may, for such reason as it considers appropriate, waive 9 the requirement that an annual registration fee be paid by a medical 10 practitioner in a particular year. 11 registration ceases 12 `How `27D. A medical practitioner ceases to be registered when-- 13 (a) the Board gives the person written notice that the person's name 14 has been removed from the Register under this Act; or 15 (b) if registration is conditional and the period of the registration is 16 specified in a condition--the period of the registration expires. 17 `Division 6--The practice of medicine 18 to practise medicine 19 `Right `28. A person other than a medical practitioner may not hold an 20 appointment as-- 21 (a) a physician, surgeon or other medical officer-- 22 (i) in a passenger or other vessel leaving a port and registered in 23 Queensland; or 24 (ii) in a public or private hospital or other institution or society 25 for affording medical relief in sickness, infirmity or old age; 26 or 27 (b) a medical inspector, medical officer of health or health officer. 28

 


 

72 Health Legislation Amendment certificates 1 `Medical `29.(1) A person who is not a medical practitioner must not sign a 2 medical certificate of the cause of death of a deceased person. 3 `(2) A certificate required by law to be signed by a physician, surgeon or 4 medical practitioner is invalid if the person signing the certificate is not a 5 medical practitioner. 6 `PART 4B--REMOVAL FROM AND ALTERATION 7 OF THE REGISTER 8 `Division 1--General powers to remove from or alter the Register 9 of person wrongfully registered 10 `Removal `30. The Board may remove from the Register the name of a person 11 who-- 12 (a) has been registered because of a false or fraudulent representation 13 or declaration, made either verbally or in writing; or 14 (b) is not entitled or eligible to be registered. 15 of incorrect particulars concerning qualifications 16 `Amendment `30A.(1) The Board may remove particulars from, or otherwise amend, 17 the Register if the particulars appearing on the Register in respect of the 18 qualifications of a medical practitioner are proved to the satisfaction of the 19 Board to be, or are to the Board's knowledge, false or erroneous in any 20 respect. 21 `(2) This requirement applies even if the practitioner had the relevant 22 qualifications or the entry was otherwise correct when the entry was made 23 in the Register. 24

 


 

73 Health Legislation Amendment on death or at own request 1 `Removal `30B. The Board must remove the name of a medical practitioner from 2 the Register if the practitioner has died or has requested the Board to 3 remove his or her name. 4 or amendment under disciplinary order 5 `Removal `30C.(1) The Board must remove the name of a person from the 6 Register if removal of the person's name is required by an order under this 7 Act of the Tribunal or the Supreme Court. 8 `(2) The Board is to make the recordings in the Register necessary to 9 give effect to an order under this Act of the Board, the Tribunal or the 10 Supreme Court about the conditions to be imposed on a person's 11 registration. 12 may hold inquiry into eligibility 13 `Board `30D.(1) If the Board is concerned that a person whose name is on the 14 Register may be unfit to practise medicine, the Board may hold an inquiry 15 into the eligibility of the person to remain registered as a medical 16 practitioner. 17 `(2) The inquiry may include an inquiry into the medical practitioner's 18 competence to practise medicine. 19 of Board for inquiry 20 `Constitution `30E. For the purposes of conducting an inquiry under this Part, the 21 Board may appoint a Committee of Assessors consisting of medical 22 practitioners (whether or not they are members of the Board). 23 practitioner to be notified of inquiry 24 `Medical `30F. The Committee of Assessors is to fix a time and place for the 25 holding of an inquiry and is to cause the medical practitioner concerned to 26 be given at least 14 days' written notice of the time and place for the 27 inquiry. 28

 


 

74 Health Legislation Amendment practitioner entitled to attend 1 `Medical `30G. The medical practitioner in relation to whom an inquiry is being 2 held is entitled to attend and to be accompanied by a barrister or solicitor or 3 another adviser, but is not entitled to be represented by a barrister or 4 solicitor or other adviser. 5 medical examination of medical practitioner 6 `Preliminary `30H. Before or during an inquiry under this Part, the Board may require 7 the medical practitioner, by written notice given to the practitioner, to 8 undergo at the Board's expense a medical examination by a specified 9 medical practitioner at a reasonable specified time and place. 10 of the Committee of Assessors in an inquiry 11 `Decision `30I. On completion of the inquiry, the Committee of Assessors must 12 advise the Board of its decision about the medical practitioner's eligibility to 13 remain registered as a medical practitioner, with or without conditions. 14 of decision to be supplied to medical practitioner 15 `Details `30J.(1) The Board must give a written notice of the decision on an 16 inquiry to the medical practitioner concerned within 1 month after the 17 decision is made. 18 `(2) The notice must give the reasons for the decision. 19 `(3) The Board may also give written notice of a decision to any other 20 persons the Board considers appropriate. 21 or imposition of conditions relating to competence to 22 `Removal practise 23 `30K.(1) If, because of the inquiry, the Board is of the opinion that the 24 medical practitioner is not competent to practise medicine, the Board may 25 remove the medical practitioner's name from the Register. 26 (2) If, because of the inquiry, the Board is of the opinion that conditions 27 should be imposed on the medical practitioner's registration to practise 28 medicine, the Board may make the necessary recordings in the Register. 29

 


 

75 Health Legislation Amendment practitioner to be notified of action 1 `Medical `30L. The Board must give the medical practitioner concerned written 2 notice of action taken by the Board under this Division and the action does 3 not take effect until the notice is given. 4 5 `Appeal `30M. A person-- 6 (a) whose name has been removed from the Register under section 7 30 or 30K(1); or 8 (b) in respect of whom, conditions, to which the person's registration 9 is subject to, have been altered under section 30A or 30K(2); 10 may appeal to the Tribunal against the removal or alteration 11 `Division 2--Powers resulting from action under foreign law 12 of "foreign law" 13 `Meaning `31. in this Division-- 14 "foreign law" means a law of another State, a Territory or a foreign 15 country providing for the registration, licensing or certification of 16 medical practitioners under an authority established by a law of the 17 State, Territory or country. 18 on basis of disciplinary action under foreign law 19 `Deregistration `31A.(1) This section applies if it is proved to the satisfaction of the 20 Board that the name of a person has, after the person was registered under 21 this Act, been removed from a register or roll under a foreign law-- 22 (a) for a reason relating to conduct of the person amounting to 23 misconduct in a professional respect; or 24 (b) for a reason relating to the person's physical or mental capacity to 25 practise medicine. 26 `(2) If this section applies and the foreign law concerned is a law of a 27

 


 

76 Health Legislation Amendment place in Australia, the Board must remove the name of the person from the 1 Register. 2 `(3) If the foreign law is a law of a place outside Australia, the Board 3 may remove the name of the person from the Register. 4 `(4) The Board may restore a name removed from the Register. 5 of conditions imposed under foreign law 6 `Imposition `31B.(1) This section applies if it is proved to the satisfaction of the 7 Board that, after a person was registered under this Act, a condition has 8 been placed on the person's registration, licensing or certification under a 9 foreign law. 10 `(2) If this section applies and the foreign law concerned is a law of a 11 place in Australia, the Board must make such recordings in the Register as 12 are necessary to impose the condition on the person's registration under this 13 Act. 14 `(3) If the foreign law is a law of a place outside Australia, the Board 15 may make those recordings in the Register. 16 practitioner to be notified of action 17 `Medical `31C. The Board must give the medical practitioner concerned written 18 notice of action taken by the Board under this Division and the action does 19 not take effect until the notice is given. 20 21 `Appeal `31D.(1) Subject to subsection (2), a person-- 22 (a) whose name has been removed from the Register under this 23 Division; or 24 (b) in respect of whom, conditions to which the person's registration 25 is subject to have been altered under this Division; 26 may appeal to the Tribunal against the removal or alteration. 27 `(2) There is no right of appeal when the Board is required under section 28 31A(2) or 31B(2) to remove the person's name. 29

 


 

77 Health Legislation Amendment `(3) The institution of an appeal does not affect the removal of a person's 1 name from the Register unless the Tribunal orders that it be restored to the 2 Register. 3 `(4) If the Tribunal dismisses the appeal, it may, by order, fix a time after 4 which the person may apply to be re-registered. 5 `(5) If the Tribunal fixes a time under subsection (4), the person is not 6 entitled to be re-registered before the time specified by the Tribunal (despite 7 an entitlement under this Act to be re-registered). 8 3--Review of suspension, deregistration or conditions 9 `Division of review 10 `Right `32.(1) A person may apply to the appropriate review body for a review 11 of an order of the Board, the Tribunal or the Supreme Court-- 12 (a) that the person is suspended from practising medicine; or 13 (b) that the person's name be removed from the Register or that the 14 person not be re-registered; or 15 (c) that conditions be placed on the person's registration. 16 `(2) A person may also apply to the appropriate review body for a review 17 of an order made under this Division. 18 `(3) An application for review of an order may not be made-- 19 (a) while the terms of the order provide that an application for review 20 may not be made; or 21 (b) while an appeal to the Tribunal or the Supreme Court in respect 22 of the same matter is pending. 23 appropriate review body 24 `The `32A.(1) The "appropriate review body" is-- 25 (a) the Tribunal; or 26 (b) if the order being reviewed provides that it may be reviewed by 27 the Board--the Board. 28

 


 

78 Health Legislation Amendment `(2) An application for review must be lodged with the Registrar who is 1 to refer it to the appropriate review body. 2 on review 3 `Powers `32B.(1) The appropriate review body is to conduct an inquiry into an 4 application for review and may then do any of the following-- 5 (a) dismiss the application; 6 (b) by its order, terminate or shorten the period of the suspension 7 concerned; 8 (c) make a reinstatement order; 9 (d) make an order altering the conditions to which the person's 10 registration is subject (including by imposing new conditions). 11 `(2) A "reinstatement order" is an order that the person be re-registered 12 subject to the same conditions and limitations (if any) to which the person's 13 registration was subject to immediately before the person ceased to be 14 registered. 15 `(3) The appropriate review body may also impose conditions on the 16 person's registration or alter the conditions to which the person's 17 registration is to be subject to under the reinstatement order. 18 `(4) The Board must make the recordings in the Register necessary to 19 give effect to a reinstatement order. 20 `(5) The order on a review under this section may also provide that the 21 order is not to be reviewed under this Division until after a specified time.'. 22 of new Parts 12 and 13 23 Insertion After Part 11-- 24 Clause118. insert-- 25 `PART 12--MISCELLANEOUS 26 27 `Regulations `86. The Governor in Council may make regulations for the purposes of 28

 


 

79 Health Legislation Amendment this Act. 1 PART 13--SAVINGS AND TRANSITIONALS 2 ` of Board to make by-laws about fees 3 `Power `87. For the removal of doubt, it is declared that the Board has always 4 had power to make by-laws in respect of the matters specified in section 5 16(1)(vi). 6 as medical practitioner 7 `Registration `88.(1) A person who was registered as a medical practitioner 8 immediately before the commencement of this section is taken to be 9 registered under this Act. 10 `(2) The person's registration under this Act is taken to be subject to the 11 same limitations (as to time or otherwise) and conditions (if any) to which it 12 was subject to immediately before the commencement of this section. 13 of "foreign medical practitioner" 14 `Meaning `89. In this Part-- 15 "foreign medical practitioner" means a medical practitioner who is not a 16 graduate of a Medical School accredited by the Australian Medical 17 Council and who has not successfully completed examinations held by 18 the Council for the purposes of registration as a medical practitioner. 19 for deregistration 20 `Grounds `90.(1) For the purposes of this Part, a foreign medical practitioner is 21 liable to deregistration unless the practitioner was-- 22 (a) unconditionally registered, domiciled and practising medicine in 23 Australia on 31 January 1992; or 24 (b) unconditionally registered and had practised medicine in Australia 25

 


 

80 Health Legislation Amendment for 3 out of the last 6 years before 31 January 1992; or 1 (c) unconditionally registered and had practised medicine in Australia 2 for a total of 6 years before 31 January 1992. 3 `(2) A medical practitioner is considered to have been unconditionally 4 registered in Australia at a particular time if the medical practitioner is or 5 was registered at the time under this Act, or licensed or registered as a 6 medical practitioner under the law in force in another State or a Territory, 7 without condition or limitation on the entitlement to practise medicine. 8 duty to deregister practitioners liable to deregistration 9 `Board's `91.(1) If the Board is of the opinion that a foreign medical practitioner is 10 or may be liable to deregistration under this Part, the Board must, by written 11 notice to the practitioner, require the practitioner to establish, to the 12 satisfaction of the Board, that the practitioner is not liable to deregistration. 13 `(2) The Board must remove the name of the practitioner from the 14 Register if the practitioner fails to satisfy the Board that the practitioner is 15 not liable to deregistration. 16 `(3) Subsection (2) does not apply if the Board is of the opinion that there 17 is good reason why the practitioner's name should not be removed. 18 `(4) The Board is to give a foreign medical practitioner who is liable to 19 deregistration an opportunity to make submissions to the Board on the 20 question of whether the practitioner's name should be removed from the 21 Register and the Board is to consider any such submissions. 22 `(5) The Board must give the practitioner concerned written notice of 23 action taken by the Board under this Part and the action does not take effect 24 until the notice is given. 25 `(6) A person whose name has been removed from the Register under 26 this section may appeal to the Tribunal against the removal. 27 provision for practitioners removed for non-payment of fees 28 `Special `92.(1) This section applies to a foreign medical practitioner whose name 29 has been removed from the Register for failure to pay the annual 30 registration fee. 31

 


 

81 Health Legislation Amendment `(2) A practitioner to whom subsection (1) applies has the entitlement to 1 be re-registered that would otherwise be conferred by payment of the 2 unpaid fees (together with any restoration fee that is payable) only if the 3 practitioner satisfies the Board that-- 4 (a) the practitioner is not liable to deregistration under this Part; or 5 (b) there is good reason why the practitioner should not lose the 6 entitlement to re-registration. 7 with conditions 8 `Registration `93. The Board may register a foreign medical practitioner as a medical 9 practitioner with conditions if, immediately before the commencement of 10 this section, the person-- 11 (a) was domiciled in Australia; and 12 (b) was, and still is, practising medicine in Australia; and 13 (c) held provisional registration that was granted by the Board after 14 31 January 1992. 15 in respect of certain criteria 16 `Consideration `94. The Board may register a foreign medical practitioner as a medical 17 practitioner if the person-- 18 (a) was eligible for general registration immediately before the 19 commencement of this section; and 20 (b) is a permanent resident within the meaning of the Australian 21 Citizenship Act 1948 of the Commonwealth; and 22 (c) holds provisional registration granted by the Board; and 23 (d) had sought advice from the Board in respect of registration as a 24 medical practitioner and emigrated to Australia on the basis of the 25 advice given by the Board. 26 in force under previous section 5 27 `Regulations `95. A regulation in force under section 5 immediately before the 28 commencement of this section continues to have effect after the 29

 


 

82 Health Legislation Amendment commencement as if it had been made under section 86.'. 1 of Schedule (First Schedule) 2 Omission Schedule-- 3 Clause119. omit. 4

 


 

83 Health Legislation Amendment CHEDULE 1 1 ¡S MINOR AMENDMENTS TO THE FOOD ACT 1981 2 Section 32 3 Column 1 Column 2 Column 3 1. section 9 $2 500 50 penalty units 2. section 10(1) $5 000 100 penalty units 3. section 10(2) $3 000 60 penalty units 4. section 11 (1) $2 500 50 penalty units 5. section 11(2) $2 000 40 penalty units 6. section 12(1) $2 000 40 penalty units 7. section 12(2) $2 000 40 penalty units 8. section 13 $2 000 40 penalty units 9. section 14(1) $3 000 60 penalty units 10. section 14(2) $2 500 50 penalty units 11. section 14(3) $2 000 40 penalty units 12. section 14(4) $2 000 40 penalty units 13. section 15(1) $3 000 60 penalty units 14. section 16 $2 500 50 penalty units 15. section 20(2) $5 000 100 penalty units 16. section 21(7) $5 000 100 penalty units 17. section 30 $5 000 100 penalty units 18. section 38 $1 000 20 penalty units 19. section 40(1) $2 000 40 penalty units 20. section 44(3) $2 000 40 penalty units 21. section 44(4) $5 000 100 penalty units 22. Schedule 2 clause 30 $2 500 50 penalty units

 


 

84 Health Legislation Amendment CHEDULE 2 1 ¡S MINOR AMENDMENTS TO THE SPEECH 2 THERAPISTS ACT 1979 3 Section 106 4 Column 1 Column 2 Column 3 1. long title Speech Therapists Speech Pathologists 2. long title speech therapists speech pathologists 3. long title speech therapy speech pathology 4. section 1 Speech Therapists Speech Pathologists 5. section 4 Speech Therapists Speech Pathologists (2nd occurring) 6. section 4 speech therapist speech pathologist (twice occurring) 7. section 7(1)(a) speech therapists speech pathologists 8. section 7(1)(b) speech therapists speech pathologists (twice occurring) 9. section 7(1) (3rd speech therapists speech pathologists sentence) 10. heading to Part 3 SPEECH SPEECH THERAPISTS PATHOLOGISTS 11. section 17(1) Speech Therapists Speech Pathologists 12. section 17(1) speech therapists speech pathologists 13. section 7(3)(a) Speech Therapists Speech Pathologists 14. section 18(1) (before speech therapist speech pathologist paragraph (a)) 15. section 18(1) (before speech therapy speech pathology paragraph (a)) 16. section 18(1)(a) speech therapists speech pathologists board Board 17. section 18(1)(a) speech therapy speech pathology

 


 

85 Health Legislation Amendment SCHEDULE 2 (continued) 18. section 18(1)(b)(ii) speech therapy speech pathology 19. section 18(1)(c)(i) speech therapy speech pathology 20. section 18(1)(c)(ii) speech therapy speech pathology (twice occurring) 21. section 18(1)(d) speech therapy speech pathology (twice occurring) 22. section 18(1) (after speech therapy speech pathology paragraph (d)) (twice occurring) 23. section 18(2)(b) speech therapy speech pathology 24. section 18(2)(c)(ii) speech therapy speech pathology 25. section 18(3) speech therapy speech pathology 26. section 18(4) speech therapy speech pathology 27. section 19(2) speech therapy speech pathology 28. section 19(2) speech therapist (3 speech pathologist times occurring) 29. section 20(1) (before speech therapy speech pathology paragraph (a)) 30. section 20(1)(a) speech therapists speech pathologists 31. section 20(1)(b) speech therapy speech pathology 32. section 20(1) (after speech therapist speech pathologist paragraph (b)) 33. section 21(1) speech therapist (3 speech pathologist times occurring) 34. section 21(2) speech therapist (4 speech pathologist times occurring) 35. section 21(3) speech therapist speech pathologist 36. section 22(1) speech therapist speech pathologist 37. section 22(2) speech therapist speech pathologist 38. section 23(1) speech therapist speech pathologist (twice occurring) 39. section 23(2) speech therapist speech pathologist 40. section 24(1) (before speech therapist speech pathologist paragraph (a)) 41. section 24(1)(b) speech therapists speech pathologists

 


 

86 Health Legislation Amendment SCHEDULE 2 (continued) 42. section 24(2)(a) speech therapy speech pathology (twice occurring) 43. section 24(2)(b) speech therapy speech pathology 44. section 25(1) (before speech therapist speech pathologist paragraph (a)) 45. section 25(1)(d) speech therapist speech pathologist 46. section 25(1)(e) speech therapist speech pathologist 47. section 25(1) (after speech therapist (3 speech pathologist paragraph (e)) times occurring) 48. section 25(2)(a) speech therapist speech pathologist 49. section 25(3)(b) speech therapist speech pathologist 50. section 25(4) speech therapist speech pathologist (twice occurring) 51. section 26(1) speech therapists speech pathologists (twice occurring) 52. section 26(2) speech therapist speech pathologist 53. section 27 speech therapist speech pathologist 54. section 28(1)(a) speech therapist speech pathologist 55. section 29(1) (before speech therapist speech pathologist paragraph (a)) 56. section 29(1)(a) speech therapist or speech pathologist speech pathologist or speech therapist 57. section 29(1)(a) speech therapist speech pathologist (2nd occurring) 58. section 29(1)(a) speech therapy speech pathology 59. section 29(1)(b)(i) speech therapy speech pathology 60. section 29(1)(b)(ii) speech therapy speech pathology 61. section 29(1)(b)(iii) speech therapy speech pathology 62. section 29(1)(b)(iv) speech therapy speech pathology 63. section 30(1) speech therapy speech pathology 64. section 30(1) speech therapist speech pathologist (twice occurring) 65. section 30(2) speech therapist speech pathologist 66. section 31(1) speech therapist speech pathologist 67. section 32(1)(b) speech therapy speech pathology

 


 

87 Health Legislation Amendment SCHEDULE 2 (continued) 68. section 35(a) speech therapist speech therapist or speech pathologist 69. section 37(f) speech therapist speech pathologist 70. section 37(f) speech therapy speech pathology 71. section 37(j) speech therapists (3 speech pathologists times occurring) 72. section 37(j) speech therapist speech pathologist 73. section 37(j) speech therapy (3 speech pathology times occurring) 74. section 37(k) speech therapists speech pathologists © State of Queensland 1992

 


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