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Queensland
HEALTH PRACTITIONERS
LEGISLATION AMENDMENT
BILL 2001
Queensland
HEALTH PRACTITIONERS
LEGISLATION AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF HEALTH PRACTITIONER
REGISTRATION BOARDS (ADMINISTRATION) ACT 1999
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 5 (The legislative scheme) . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 23 (Board to use office for administrative and
operational support). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--AMENDMENT OF HEALTH PRACTITIONERS
(PROFESSIONAL STANDARDS) ACT 1999
6 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 4 (The legislative scheme) . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 9 (Application of Act to persons who are no longer
registered) .............................................. 7
9 Amendment of s 18 (Restrictions on membership of panel). . . . . . . . . . . . . 7
10 Amendment of s 32 (Restrictions on appointment of assessors). . . . . . . . . . 8
11 Amendment of s 41 (Disqualification from membership of panel of
assessors) ............................................... 8
12 Amendment of s 42 (Procedure for recommending members of panels
of assessors). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 176 (Pre-hearing conference) . . . . . . . . . . . . . . . . . . . . . . 9
14 Amendment of s 190 (Interim orders). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Amendment of s 191 (Inspection of things) . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Amendment of s 219 (Procedure for hearing by tribunal) . . . . . . . . . . . . . . 10
2
Health Practitioners Legislation Amendment Bill 2001
17 Amendment of s 231 (Interim orders). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Amendment of s 262 (Board may notify other registrants). . . . . . . . . . . . . . 10
19 Amendment of s 264 (Matters to be included in board's annual report). . . . 10
20 Amendment of s 310 (Definition for pt 8). . . . . . . . . . . . . . . . . . . . . . . . . . . 11
21 Amendment of s 311 (Board may take action on basis of foreign law) . . . . 11
22 Insertion of new pt 11, div 1 and div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 1--Evidence
367A Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
367B Appointments and authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
367C Signatures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
367D Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Proceedings'.
23 Amendment of s 371 (Limitation on time for starting summary
proceedings) ......................................... 13
24 Amendment of s 381 (Effect of suspension) . . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Insertion of new pt 12, divs 2A and 2B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2A--Provisions about certain registrants
Subdivision 1--Preliminary
381A Definitions for div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Subdivision 2--Provisions about registrants who are general and
specialist registrants
381B Application of relevant action to registrants who are general and
specialist registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
381C Effect on specialist registration if general registration suspended
or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
381D Notice to be given about change to specialist registration. . . . . . . . . 16
381E Decision about recording suspension . . . . . . . . . . . . . . . . . . . . . . . . 17
Subdivision 3--Provisions about registrants who are dental technicians
and dental prosthetists
381F Application of relevant action to registrants who are dental
technicians and dental prosthetists. . . . . . . . . . . . . . . . . . . . . . . . . . . 17
381G Effect on specialist registration if general registration suspended
or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
381H Notice to be given about change to registration as dental
prosthetist ...................................... 18
3
Health Practitioners Legislation Amendment Bill 2001
381I Decision about recording suspension . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2B--Certificates of registration
381J Return of certificate of registration to board if registration
suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
381K Amendment or replacement of certificate of registration . . . . . . . . . 19
26 Insertion of new ss 385A385C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
385A Registrant to give notice of certain convictions to board. . . . . . . . . . 20
385B Registrant to give board notice of certain judgments and
settlements ...................................... 20
385C Registrant to give board notice about certain events . . . . . . . . . . . . . 21
27 Insertion of new s 386A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
386A Protection of officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . 21
28 Amendment of s 392 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Omission of s 396 (Board meetings by distance or flying minute) . . . . . . . . 23
30 Amendment of s 397 (Forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Insertion of new pt 13, div 1 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 1--Provisions for Health Practitioners (Professional Standards)
Act 1999'.
32 Amendment of s 403 (Saving of existing orders made by boards or
Medical Assessment Tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
33 Insertion of new div 2 hdg and s 405. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Provisions for Health Practitioners Legislation Amendment
Act 2001
405 Transitional provision about health practitioner registration Act . . . 24
34 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 4--AMENDMENT OF INDY CAR GRAND PRIX ACT 1990
35 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
36 Amendment of s 23 (Limited rights of medical and paramedical
practitioners) ............................................. 26
PART 5--REPEAL OF MEDICAL ACT AND OTHER ACTS
(ADMINISTRATION) ACT 1966
37 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2001
A BILL
FOR
An Act to amend certain Acts administered by the Minister for Health
relating to health practioners, and for other purposes
s1 6 s5
Health Practitioners Legislation Amendment Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Health Practitioners Legislation 4
Amendment Act 2001. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF HEALTH PRACTITIONER 8
REGISTRATION BOARDS (ADMINISTRATION) 9
ACT 1999 10
3 Act amended in pt 2
Clause 11
This part amends the Health Practitioner Registration Boards 12
(Administration) Act 1999. 13
4 Amendment of s 5 (The legislative scheme)
Clause 14
Section 5, `, the Health' to `1966'-- 15
omit, insert-- 16
`and the Health Practitioners (Professional Standards) Act 1999'. 17
5 Amendment of s 23 (Board to use office for administrative and
Clause 18
operational support) 19
Section 23(2)-- 20
insert-- 21
s6 7 s9
Health Practitioners Legislation Amendment Bill 2001
`(d) power under a health practitioner registration Act to appoint an 1
inspector or a person to conduct a health assessment.'. 2
PART 3--AMENDMENT OF HEALTH PRACTITIONERS 3
(PROFESSIONAL STANDARDS) ACT 1999 4
6 Act amended in pt 3
Clause 5
This part amends the Health Practitioners (Professional Standards) 6
Act 1999. 7
7 Amendment of s 4 (The legislative scheme)
Clause 8
Section 4, `,1 the Health' to `1966'-- 9
omit, insert-- 10
`1 and the Health Practitioner Registration Boards (Administration) 11
Act 1999'. 12
8 Amendment of s 9 (Application of Act to persons who are no
Clause 13
longer registered) 14
Section 9-- 15
insert-- 16
`(3A) In this section a reference to a person who was a registrant 17
includes a reference to a person who was registered under a repealed health 18
practitioner registration Act.'. 19
9 Amendment of s 18 (Restrictions on membership of panel)
Clause 20
Section 18(2)-- 21
omit, insert-- 22
1 For the definition "health practitioner registration Act"--see the schedule
(Dictionary).
s 10 8 s 11
Health Practitioners Legislation Amendment Bill 2001
`(2) If the disciplinary matter to be heard by the panel relates to a 1
complaint by a user of a service provided by the registrant, or an entity 2
acting on behalf of a user of a service provided by the registrant, the panel 3
must include at least 1 member who is the same gender as the user.'. 4
10 Amendment of s 32 (Restrictions on appointment of assessors)
Clause 5
Section 32(3), from `an individual' to `complainant'-- 6
omit, insert-- 7
`a user of a service provided by the registrant, or an entity acting on 8
behalf of a user of a service provided by a registrant, either the constituting 9
member or at least 1 of the assessors must be the same gender as the user'. 10
11 Amendment of s 41 (Disqualification from membership of panel of
Clause 11
assessors) 12
Section 41(b)(ii)-- 13
omit, insert-- 14
`(ii) the individual is a registrant-- 15
(A) whose registration ceases to have effect; or 16
(B) whose registration is subject to conditions that limit the 17
registrant's right to practise the profession; or 18
(C) who has entered into an undertaking with the 19
registrant's board or has given the tribunal an 20
undertaking; or 21
(iii) the individual is registered, licensed or otherwise authorised 22
to practise the profession in another State and-- 23
(A) the registration, licence or other authorisation is 24
cancelled or suspended; or 25
(B) the registration, licence or other authorisation is 26
subject to conditions that limit the individual's right to 27
practise the profession; or 28
(C) the individual has entered into an undertaking with an 29
entity in that State that performs the same functions as 30
a disciplinary body.'. 31
s 12 9 s 15
Health Practitioners Legislation Amendment Bill 2001
12 Amendment of s 42 (Procedure for recommending members of
Clause 1
panels of assessors) 2
Section 42-- 3
insert-- 4
`(4) However, subsections (2) and (3) do not apply if the Minister 5
reasonably believes that it is necessary to urgently appoint an individual as 6
a member of a professional panel of assessors because-- 7
(a) the secretary or registrar considers a disciplinary matter is likely 8
to raise issues of a specialist or technical nature, whether on the 9
basis of advice received under section 19(1) or 33(1) from a 10
board or otherwise; and 11
(b) the secretary or registrar has advised the Minister that-- 12
(i) none of the panel members have the desirable professional 13
background or skills; or 14
(ii) panel members who do have the desirable professional 15
background or skills will not be available to hear the 16
matter.'. 17
13 Amendment of s 176 (Pre-hearing conference)
Clause 18
Section 176(6), after `conference to'-- 19
insert-- 20
`a panel member or'. 21
14 Amendment of s 190 (Interim orders)
Clause 22
Section 190(3), after `onerous order'-- 23
insert-- 24
`the panel considers'. 25
15 Amendment of s 191 (Inspection of things)
Clause 26
(1) Section 191(2)(c)-- 27
omit, insert-- 28
`(c) keep the thing while it is necessary for the hearing; 29
s 16 10 s 19
Health Practitioners Legislation Amendment Bill 2001
(d) give the thing to the secretary to keep while it is necessary for 1
any appeal relating to the hearing.'. 2
(2) Section 191(3), after `panel'-- 3
insert-- 4
`or secretary'. 5
16 Amendment of s 219 (Procedure for hearing by tribunal)
Clause 6
Section 219(3)(a)-- 7
insert-- 8
`(iii) the effect that section 381C or 381G, if relevant, may have 9
on the registrant's registration; and'. 10
17 Amendment of s 231 (Interim orders)
Clause 11
Section 231(3), after `onerous order'-- 12
insert-- 13
`the tribunal considers'. 14
18 Amendment of s 262 (Board may notify other registrants)
Clause 15
Section 262(2)(a), after `public'-- 16
insert-- 17
`, or part of which has been heard in public'. 18
19 Amendment of s 264 (Matters to be included in board's annual
Clause 19
report) 20
Section 264(2)(a), after `public'-- 21
insert-- 22
`, or part of which has been heard in public'. 23
s 20 11 s 22
Health Practitioners Legislation Amendment Bill 2001
20 Amendment of s 310 (Definition for pt 8)
Clause 1
Section 310, definition "foreign law", paragraphs (a) and (b), `law of'-- 2
omit, insert-- 3
`law applying in'. 4
21 Amendment of s 311 (Board may take action on basis of foreign
Clause 5
law) 6
(1) Section 311(2)(c), `28 days'-- 7
omit, insert-- 8
`14 days'. 9
(2) Section 311-- 10
insert-- 11
`(8) This section does not limit the disciplinary action a disciplinary 12
body may take under this Act.'. 13
22 Insertion of new pt 11, div 1 and div 2 hdg
Clause 14
Part 11, immediately before section 368-- 15
insert-- 16
`Division 1--Evidence 17
`367A Application of div 1 18
`This division applies to a proceeding under this Act. 19
`367B Appointments and authority 20
`(1) It is not necessary to prove-- 21
(a) a relevant person's appointment; or 22
(b) the authority of a relevant person to do anything under this Act. 23
`(2) In this section-- 24
"relevant person" means any of the following-- 25
(a) a member of a board or a disciplinary committee; 26
s 22 12 s 22
Health Practitioners Legislation Amendment Bill 2001
(b) a member of a panel; 1
(c) an assessor; 2
(d) a member of a panel of assessors; 3
(e) an investigator or inspector; 4
(f) the executive officer or a member of the staff of the office; 5
(g) the secretary or registrar; 6
(h) the commissioner; 7
(i) a member of a health assessment committee; 8
(j) a person appointed under section 108 to conduct a health 9
assessment. 10
`367C Signatures 11
`A signature purporting to be the signature of the Minister, an 12
investigator, an inspector, the executive officer or a member of the staff of 13
the office is evidence of the signature it purports to be. 14
`367D Evidentiary provisions 15
`(1) A certificate purporting to be signed by the executive officer and 16
stating any of the following matters is evidence of the matter-- 17
(a) a stated document is 1 of the following things made, given, 18
issued or kept under this Act-- 19
(i) an appointment, approval or decision; 20
(ii) a notice, direction, requirement or order; 21
(iii) a record, or an extract from a record; 22
(b) a stated document is an undertaking given, entered into or 23
approved under this Act; 24
(c) a stated document is a complaint made under this Act or further 25
information given about a complaint; 26
(d) a stated document is a complaint made under the Health Rights 27
Commission Act 1991 and referred to a board, or further 28
information given about a complaint; 29
(e) a stated document is another document kept under this Act; 30
s 23 13 s 23
Health Practitioners Legislation Amendment Bill 2001
(f) a stated document is a certificate of registration; 1
(g) a stated document is a register, or an extract from a register, kept 2
under a health practitioner registration Act; 3
(h) a stated document is a copy of a thing mentioned in paragraph 4
(a), (b), (c), (d), (e), (f) or (g); 5
(i) on a stated day, or during a stated period, a stated person was or 6
was not a registrant; 7
(j) on a stated day, or during a stated period, a registration-- 8
(i) was or was not in force; or 9
(ii) was or was not subject to a stated condition; 10
(k) on a stated day, a registration was cancelled; 11
(l) on a stated day, or during a stated period, an undertaking was or 12
was not in force; 13
(m) on a stated day, or during a stated period, an appointment of a 14
person as an investigator or inspector was, or was not, in force; 15
(n) on a stated day, a stated person was given a stated notice or 16
direction under this Act; 17
(o) on a stated day, a stated requirement was made of a stated person; 18
(p) on a stated day, a code of practice or a provision of a code of 19
practice, was, or was not, in force. 20
`(2) A statement, in a complaint forming the basis for disciplinary 21
proceedings under this Act, of the date on which the matter of the 22
complaint came to the knowledge of the complainant is evidence that the 23
matter came to the knowledge of the complainant on that date. 24
`Division 2--Proceedings'. 25
23 Amendment of s 371 (Limitation on time for starting summary
Clause 26
proceedings) 27
Section 371(b)-- 28
omit, insert-- 29
s 24 14 s 25
Health Practitioners Legislation Amendment Bill 2001
`(b) within 6 months after the offence comes to the complainant's 1
knowledge, but within 2 years after the commission of the 2
offence.'. 3
24 Amendment of s 381 (Effect of suspension)
Clause 4
(1) Section 381(3)(a), `annual licence fee'-- 5
omit, insert-- 6
`registration fee or specialist registration fee'. 7
(2) Section 381-- 8
insert-- 9
`(4) The registrant's board must, immediately after the suspension 10
ends-- 11
(a) return to the registrant the registrant's certificate of registration; 12
or 13
(b) if the board does not consider it practicable to return the 14
registrant's certificate of registration--issue another certificate of 15
registration to the registrant to replace the certificate returned to 16
the board.'. 17
25 Insertion of new pt 12, divs 2A and 2B
Clause 18
After section 381-- 19
insert-- 20
`Division 2A--Provisions about certain registrants 21
`Subdivision 1--Preliminary 22
`381A Definitions for div 2A 23
`In this division-- 24
"dental prosthetist" means a person registered under the Dental 25
Technicians and Dental Prosthetists Registration Act 2001 in the 26
dental prosthetics profession. 27
s 25 15 s 25
Health Practitioners Legislation Amendment Bill 2001
"dental technician" means a person registered under the Dental 1
Technicians and Dental Prosthetists Registration Act 2001 in the 2
dental technology profession. 3
"general registrant" means a person registered under a health practitioner 4
registration Act as a general registrant. 5
"relevant action" means-- 6
(a) disciplinary action; or 7
(b) the suspension of, or imposition of conditions on, a registrant's 8
registration under section 59(2); or 9
(c) action taken under section 118(1)(c)(iv); or 10
(d) action taken under section 276(2)(a); or 11
(e) action taken under section 299(2)(a), (b) or (c).2 12
"specialist registrant" means a person registered under a health 13
practitioner registration Act as a specialist registrant. 14
`Subdivision 2--Provisions about registrants who are general and 15
specialist registrants 16
`381B Application of relevant action to registrants who are general and 17
specialist registrants 18
`(1) This section applies if-- 19
(a) a registrant is registered as a general registrant and a specialist 20
registrant in a profession; and 21
(b) a disciplinary body or the Court of Appeal decides to take 22
relevant action in relation to the registrant's registration. 23
`(2) The disciplinary body or Court of Appeal may decide to take the 24
relevant action in relation to either or both of the registrant's general 25
registration or specialist registration. 26
`(3) This section is subject to section 381C(2). 27
2 Sections 59 (Immediate suspension or imposition of conditions on registration), 118
(Decision on investigation), 276 (Decision about action to be taken for impaired
registrant) and 299 (Decision about action to be taken for impaired registrant)
s 25 16 s 25
Health Practitioners Legislation Amendment Bill 2001
`381C Effect on specialist registration if general registration 1
suspended or cancelled 2
`(1) This section applies if-- 3
(a) a registrant is registered as a general registrant and a specialist 4
registrant in a profession; and 5
(b) the registrant's registration as a general registrant is cancelled or 6
suspended under an Act, other than a health practitioner 7
registration Act. 8
`(2) The registrant's specialist registration-- 9
(a) if the registrant's general registration is cancelled--is taken to be 10
cancelled on the same day; or 11
(b) if the registrant's general registration is suspended--is taken to 12
be suspended during the period the general registration is 13
suspended. 14
`(3) If the cancellation or suspension of the registrant's general 15
registration is set aside, the cancellation or suspension of the registrant's 16
specialist registration is also set aside. 17
`381D Notice to be given about change to specialist registration 18
`(1) This section applies if, under section 381C(2), a registrant's 19
specialist registration is cancelled or suspended because of the cancellation 20
or suspension of the registrant's general registration. 21
`(2) As soon as practicable after the registrant's specialist registration is 22
cancelled or suspended, the registrant's board must give the registrant 23
written notice about the cancellation or suspension. 24
`(3) The notice must-- 25
(a) state that there is no appeal in relation to the cancellation or 26
suspension of the registrant's specialist registration; and 27
(b) include a direction to the registrant to return the registrant's 28
certificate of specialist registration within 14 days after the 29
registrant's receipt of the notice. 30
s 25 17 s 25
Health Practitioners Legislation Amendment Bill 2001
`381E Decision about recording suspension 1
`(1) This section applies if, under section 381C(2), a registrant's 2
specialist registration is suspended because of the suspension of the 3
registrant's general registration. 4
`(2) The decision made about recording details of the suspension of the 5
registrant's general registration applies in the same way to the suspension 6
of the registrant's specialist registration. 7
`Subdivision 3--Provisions about registrants who are dental technicians 8
and dental prosthetists 9
`381F Application of relevant action to registrants who are dental 10
technicians and dental prosthetists 11
`(1) This section applies if-- 12
(a) a registrant is registered as a dental technician and a dental 13
prosthetist; and 14
(b) a disciplinary body or the Court of Appeal decides to take 15
relevant action in relation to the registrant's registration. 16
`(2) The disciplinary body or Court of Appeal may decide to take the 17
relevant action in relation to either or both of the registrant's registration as 18
a dental technician or the registrant's registration as a dental prosthetist. 19
`(3) This section is subject to section 381G(2). 20
`381G Effect on specialist registration if general registration 21
suspended or cancelled 22
`(1) This section applies if-- 23
(a) a registrant is registered as a dental technician and a dental 24
prosthetist; and 25
(b) the registrant's registration as a dental technician is cancelled or 26
suspended under an Act, other than a health practitioner 27
registration Act. 28
`(2) The registrant's registration as a dental prosthetist-- 29
(a) if the registrant's registration as a dental technician is 30
cancelled--is taken to be cancelled on the same day; or 31
s 25 18 s 25
Health Practitioners Legislation Amendment Bill 2001
(b) if the registrant's registration as a dental technician is 1
suspended--is taken to be suspended during the period the 2
registration as a dental technician is suspended. 3
`(3) If the cancellation or suspension of the registrant's registration as a 4
dental technician is set aside, the cancellation or suspension of the 5
registrant's registration as a dental prosthetist is also set aside. 6
`381H Notice to be given about change to registration as dental 7
prosthetist 8
`(1) This section applies if, under section 381G(2), a registrant's 9
registration as a dental prosthetist is cancelled or suspended because of the 10
cancellation or suspension of the registrant's registration as a dental 11
technician. 12
`(2) As soon as practicable after the registrant's registration as a dental 13
prosthetist is cancelled or suspended, the registrant's board must give the 14
registrant written notice about the cancellation or suspension. 15
`(3) The notice must-- 16
(a) state that there is no appeal in relation to the cancellation or 17
suspension of the registration as a dental prosthetist; and 18
(b) include a direction to the registrant to return the registrant's 19
certificate of registration as a dental prosthetist within 14 days 20
after the registrant's receipt of the notice. 21
`381I Decision about recording suspension 22
`(1) This section applies if, under section 381G(2), a registrant's 23
registration as a dental prosthetist is suspended because of the suspension 24
of the registrant's registration as a dental technician. 25
`(2) The decision made about recording details of the suspension of the 26
registrant's registration as a dental technician applies in the same way to 27
the suspension of the registrant's registration as a dental prosthetist. 28
s 26 19 s 26
Health Practitioners Legislation Amendment Bill 2001
`Division 2B--Certificates of registration 1
`381J Return of certificate of registration to board if registration 2
suspended or cancelled 3
`(1) This section applies if, under this Act, a registrant's registration is 4
suspended or cancelled. 5
`(2) The registrant must return the registrant's certificate of registration 6
to the registrant's board within 14 days after receiving notice about the 7
suspension or cancellation, unless the registrant has a reasonable excuse. 8
Maximum penalty--10 penalty units. 9
`381K Amendment or replacement of certificate of registration 10
`(1) This section applies if, under this Act-- 11
(a) conditions are imposed on, or removed from, a registrant's 12
registration; or 13
(b) a board or the tribunal enters into an undertaking with a 14
registrant; or 15
(c) an undertaking entered into by a registrant with the registrant's 16
board or the tribunal ends. 17
`(2) The registrant must return the certificate of registration to the 18
registrant's board within 14 days after the action mentioned in 19
subsection (1) takes effect, unless the registrant has a reasonable excuse. 20
Maximum penalty--10 penalty units. 21
`(3) On receiving the certificate, the board must-- 22
(a) amend the certificate in an appropriate way and return the 23
amended certificate to the registrant; or 24
(b) if the board does not consider it practicable to amend the 25
certificate--issue another certificate of registration to the 26
registrant to replace the certificate returned to the board.'. 27
26 Insertion of new ss 385A385C
Clause 28
Part 12, division 3, after section 385-- 29
insert-- 30
s 26 20 s 26
Health Practitioners Legislation Amendment Bill 2001
`385A Registrant to give notice of certain convictions to board 1
`(1) This section applies if a registrant-- 2
(a) is convicted of an indictable offence; or 3
(b) is convicted of an offence against a corresponding law. 4
`(2) The registrant must, within 30 days after the conviction, give the 5
registrant's board notice of the conviction. 6
Maximum penalty--50 penalty units. 7
`(3) The notice must be in the approved form. 8
`(4) Information in the notice must, if the approved form requires, be 9
verified by a statutory declaration. 10
`385B Registrant to give board notice of certain judgments and 11
settlements 12
`(1) This section applies if-- 13
(a) a registrant is a party to proceedings in a court, brought by 14
another party against the registrant, claiming damages or other 15
compensation for alleged negligence by the registrant in the 16
practice of the registrant's profession; and 17
(b) there is-- 18
(i) a judgment in relation to the proceedings; or 19
(ii) a settlement of the proceedings, or part of the proceedings. 20
`(2) The registrant must give the registrant's board notice of the 21
judgment or settlement within 30 days after the date of the judgment or 22
settlement. 23
Maximum penalty--50 penalty units. 24
`(3) The notice must be in the approved form. 25
`(4) Information in the notice must, if the approved form requires, be 26
verified by a statutory declaration. 27
`(5) To remove doubt, it is declared that subsections (2) and (3) apply 28
despite any agreement entered into by the parties to the settlement. 29
s 27 21 s 27
Health Practitioners Legislation Amendment Bill 2001
`(6) Subsection (2) does not apply to a settlement of proceedings under 1
an agreement reached in conciliation under the Health Rights Commission 2
Act 1991, part 63 or a relevant interstate law. 3
`(7) In this section-- 4
"relevant interstate law" means a law of another State that provides for 5
the same matter as the Health Rights Commission Act 1991, part 6. 6
`385C Registrant to give board notice about certain events 7
`(1) This section applies if-- 8
(a) a person is registered under a health practitioner registration Act 9
and is also registered, licensed or certified under a corresponding 10
law to practise the same profession; and 11
(b) after the registrant is registered under the health practitioner 12
registration Act, the registrant's registration, licence or 13
certification under the corresponding law is affected by 14
disciplinary action or is otherwise cancelled, suspended or made 15
subject to a condition or undertaking (the "relevant action"). 16
`(2) The registrant must, within 30 days after the registration, licence or 17
certification is affected by the relevant action, give the registrant's board 18
notice about the relevant action. 19
Maximum penalty--50 penalty units. 20
`(3) The notice must be in the approved form. 21
`(4) Information in the notice must, if the approved form requires, be 22
verified by a statutory declaration.'. 23
27 Insertion of new s 386A
Clause 24
After section 386-- 25
insert-- 26
`386A Protection of officials from liability 27
`(1) An official is not civilly liable for an act done or omission made, 28
honestly and without negligence under this Act. 29
3 Health Rights Commission Act 1991, part 6 (Conciliation)
s 28 22 s 28
Health Practitioners Legislation Amendment Bill 2001
`(2) If subsection (1) prevents a civil liability attaching to an official, the 1
liability attaches instead to-- 2
(a) for an official who is a member of a board--the board of which 3
the official is a member; or 4
(b) for an official who is a member of a health assessment committee 5
or who is asked to prepare an assessment report or expert's 6
report--the board that appointed the official or asked the official 7
to prepare a report; or 8
(c) for an official who is an investigator or inspector--the board that 9
appointed the official; or 10
(d) for an official who is a person acting under the direction or 11
authority of an investigator--the board that appointed the 12
investigator; or 13
(e) for an official who is the executive officer--the board on whose 14
behalf the official is acting. 15
`(3) In this section-- 16
"official" means-- 17
(a) a member of a board, other than when the member is performing 18
the member's duties in carrying out disciplinary proceedings; or 19
(b) a member of a health assessment committee; or 20
(c) a person who is asked by a board to prepare an assessment report 21
or an expert's report; or 22
(d) an investigator; or 23
(e) an inspector; or 24
(f) a person acting under the direction or authority of an 25
investigator; or 26
(g) the executive officer.'. 27
28 Amendment of s 392 (Confidentiality)
Clause 28
Section 392(3)-- 29
insert-- 30
s 29 23 s 32
Health Practitioners Legislation Amendment Bill 2001
`(ba)if the disclosure is to a foreign regulatory authority and the 1
disclosure is necessary for the authority to perform its functions; 2
or'. 3
29 Omission of s 396 (Board meetings by distance or flying minute)
Clause 4
Section 396-- 5
omit. 6
30 Amendment of s 397 (Forms)
Clause 7
Section 397-- 8
insert-- 9
`(3) A board may approve forms for use, under this Act, in relation to the 10
board.'. 11
31 Insertion of new pt 13, div 1 hdg
Clause 12
Part 13, immediately before section 399-- 13
insert-- 14
`Division 1--Provisions for Health Practitioners (Professional 15
Standards) Act 1999'. 16
32 Amendment of s 403 (Saving of existing orders made by boards or
Clause 17
Medical Assessment Tribunal) 18
Section 403-- 19
insert-- 20
`(3A) If a final order mentioned in subsection (1) or (2) was an order or 21
decision of the Medical Assessment Tribunal imposing conditions on a 22
registrant's registration, the order may be reviewed under part 9, division 4, 23
as if the final order were a decision made by the Health Practitioners 24
Tribunal under section 241(2)(b) to impose conditions on the registrant's 25
registration. 26
`(3B) If a final order mentioned in subsection (1) or (2) was an order 27
made under the Medical Act 1939, section 30K, imposing conditions on a 28
registrant's registration-- 29
s 33 24 s 34
Health Practitioners Legislation Amendment Bill 2001
(a) for an order imposing conditions relating to a registrant's 1
competency to practise because of an impairment--the registrant 2
may give the registrant's board a notice under section 306 to 3
arrange a further health assessment of the registrant as if the 4
conditions had been imposed under section 299(2) and the period 5
during which the registrant may not ask for a further assessment 6
had ended; or 7
(b) for another order--the order may be reviewed under part 9, 8
division 2, as if the order were a decision made by a panel under 9
section 201(2)(b) to impose conditions on the registrant's 10
registration.'. 11
33 Insertion of new div 2 hdg and s 405
Clause 12
After section 404-- 13
insert-- 14
`Division 2--Provisions for Health Practitioners Legislation Amendment 15
Act 2001 16
`405 Transitional provision about health practitioner registration Act 17
`For the purpose of this Act continuing to apply-- 18
(a) to a person who was registered under a repealed health 19
practitioner registration Act and who, on the repeal of that Act, 20
continued to be a registrant under this Act; or 21
(b) in relation to something done or omitted by the person before the 22
repeal of the repealed Act; 23
a reference in this Act to a registrant or a health practitioner registration Act 24
is taken to include a reference to the person or the repealed Act.'. 25
34 Amendment of schedule (Dictionary)
Clause 26
(1) Schedule, definition "chairperson"-- 27
omit. 28
(2) Schedule-- 29
insert-- 30
s 34 25 s 34
Health Practitioners Legislation Amendment Bill 2001
` "certificate of registration" means a certificate of registration issued 1
under a health practitioner registration Act. 2
"certificate of specialist registration" means a certificate of specialist 3
registration issued under a health practitioner registration Act. 4
"chairperson", of a board, means the chairperson of the board appointed 5
under the health practitioner registration Act that establishes the 6
board. 7
"corresponding law" means a law applying in another State, the 8
Commonwealth or a foreign country that provides for the same matter 9
as this Act or a health practitioner registration Act. 10
"repealed health practitioner registration Act" means any of the 11
following Acts after the Act is repealed-- 12
· Chiropractors and Osteopaths Act 1979 13
· Dental Act 1971 14
· Dental Technicians and Dental Prosthetists Act 1991 15
· Medical Act 1939 16
· Occupational Therapists Act 1979 17
· Optometrists Act 1974 18
· Pharmacy Act 1976 19
· Physiotherapists Act 1964 20
· Podiatrists Act 1969 21
· Psychologists Act 1977 22
· Speech Pathologists Act 1979.'. 23
(3) Schedule, definition "approved form"-- 24
insert-- 25
`(c) for a board--a form approved by the board under 26
section 397(3).'. 27
(4) Schedule, definition "foreign disciplinary body", `law of'-- 28
omit, insert-- 29
`law applying in'. 30
(5) Schedule, definition "foreign regulatory authority", paragraph (b), 31
`law of'-- 32
s 35 26 s 37
Health Practitioners Legislation Amendment Bill 2001
omit, insert-- 1
`law applying in'. 2
PART 4--AMENDMENT OF INDY CAR GRAND PRIX 3
ACT 1990 4
35 Act amended in pt 4
Clause 5
This part amends the Indy Car Grand Prix Act 1990. 6
36 Amendment of s 23 (Limited rights of medical and paramedical
Clause 7
practitioners) 8
Section 23(2)(c)-- 9
omit, insert-- 10
`(c) nursing;'. 11
PART 5--REPEAL OF MEDICAL ACT AND OTHER 12
ACTS (ADMINISTRATION) ACT 1966 13
37 Repeal
Clause 14
The Medical Act and Other Acts (Administration) Act 1966 (1966 Act 15
No. 24 ) is repealed. 16
© State of Queensland 2001
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