Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
HEALTH PRACTITIONER
REGISTRATION BOARDS
(ADMINISTRATION) BILL
1999
Queensland
HEALTH PRACTITIONER
REGISTRATION BOARDS
(ADMINISTRATION) BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Main object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Act binds State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 2--OFFICE OF HEALTH PRACTITIONER
REGISTRATION BOARDS
Division 1--Establishment
7 Establishment of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2--Office's function
8 Function of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3--Minister's powers in relation to office
9 Minister's powers to give directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 4--The executive officer
10 Appointment of executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Functions of executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Powers of executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 State and executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Delegation by executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Health Practitioner Registration Boards
(Administration)
16 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19 Superannuation for executive officer who was previously an
officer of the public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20 Acting executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 5--Staff of the office
21 Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--OFFICE'S RELATIONSHIP WITH THE BOARDS
Division 1--Administrative and operational support to the boards
22 Office to provide administrative and operational support under a
service agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 Board to use office for administrative and operational support . . . . . . . . . . 12
24 Minister may authorise other support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25 Minister may give directions to give effect to authorisation . . . . . . . . . . . . 13
Division 2--Form of service agreements
26 Agreement to be in writing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
27 What must be included in a service agreement . . . . . . . . . . . . . . . . . . . . . . 14
Division 3--Negotiation of subsequent service agreements
28 Negotiation of subsequent service agreements . . . . . . . . . . . . . . . . . . . . . . . 14
29 Special procedures for subsequent service agreements . . . . . . . . . . . . . . . . 15
PART 4--MISCELLANEOUS
30 Financial administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
31 Declaration that office is a statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
32 Annual reports to include ministerial directions . . . . . . . . . . . . . . . . . . . . . . 16
33 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
34 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 5--TRANSITIONAL PROVISIONS
35 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
36 Existing board may enter into service agreements . . . . . . . . . . . . . . . . . . . . 18
37 Negotiation of initial service agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
38 Special procedures for initial service agreements . . . . . . . . . . . . . . . . . . . . 18
3
Health Practitioner Registration Boards
(Administration)
39 Start of initial service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
40 Support by office to existing boards during transition period . . . . . . . . . . . . 19
PART 6--AMENDMENT OF MEDICAL ACT AND OTHER
ACTS (ADMINISTRATION) ACT 1966
41 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
42 Replacement of s 4A (Appointment of registrar) . . . . . . . . . . . . . . . . . . . . . 20
4A Registrar of boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5 Delegation of registrar's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
43 Omission of s 8 (Deputy registrar of board to have powers etc. of
registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
44 Amendment of s 11B (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
45 Insertion of new s 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Transitional provisions for Health Practitioner Registration
Boards (Administration) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 7--AMENDMENT OF PUBLIC SERVICE ACT 1996
46 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
47 Amendment of sch 1 (Public service offices and their heads) . . . . . . . . . . 23
SCHEDULE
DICTIONARY . . . . . . . . . . . . . . . . . . . . . . . 24
1999
A BILL
FOR
An Act to provide for administrative arrangements for the health
practitioner registration boards, and for other purposes
s1 6 s5
Health Practitioner Registration Boards
(Administration)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Health Practitioner Registration Boards 4
(Administration) Act 1999. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
object of Act 8
Main
3.(1) The main object of this Act is to establish administrative 9
arrangements to help the health practitioner registration boards to perform 10
their functions. 11
(2) The object is primarily achieved by establishing the Office of Health 12
Practitioner Registration Boards. 13
14
Definitions
4. The dictionary in the schedule defines particular words used in this 15
Act. 16
legislative scheme 17
The
5. This Act is part of a legislative scheme (the "legislative scheme") 18
consisting of this Act, the health practitioner registration Acts, the Health 19
Practitioners (Professional Standards) Act 1999 and the Medical Act and 20
Other Acts (Administration) Act 1966. 21
s6 7 s9
Health Practitioner Registration Boards
(Administration)
binds State 1
Act
6. This Act binds the State. 2
PART 2--OFFICE OF HEALTH PRACTITIONER 3
REGISTRATION BOARDS 4
Division 1--Establishment 5
of office 6
Establishment
7.(1) The Office of Health Practitioner Registration Boards is established. 7
(2) The office consists of the executive officer and the staff of the office. 8
2--Office's function 9
Division
of office 10
Function
8. The office's function is to provide the administrative and operational 11
support necessary or convenient to help each board to perform its functions. 12
Division 3--Minister's powers in relation to office 13
powers to give directions 14
Minister's
9.(1) The Minister may give the executive officer a written direction 15
about the administration and operation of the office if the Minister is 16
satisfied it is necessary to give the direction in the public interest. 17
(2) Without limiting subsection (1), a direction may be to provide reports 18
and information. 19
(3) The executive officer must comply with the direction. 20
s 10 8 s 12
Health Practitioner Registration Boards
(Administration)
4--The executive officer 1
Division
of executive officer 2
Appointment
10.(1) There is to be an executive officer of the office. 3
(2) The executive officer is to be appointed by the Governor in Council. 4
(3) The executive officer is appointed for the term stated in the 5
instrument of appointment, and is eligible for reappointment. 6
(4) The stated term must not be longer than 5 years. 7
(5) The Public Service Act 1996 does not apply to the appointment of the 8
executive officer. 9
of appointment 10
Terms
11.(1) The executive officer is to be paid the remuneration and 11
allowances decided by the Governor in Council. 12
(2) The executive officer holds office on terms, not provided for by this 13
Act, decided by the Governor in Council. 14
of executive officer 15
Functions
12.(1) The executive officer is to control the office and is responsible for 16
its efficient and effective administration and operation. 17
(2) Without limiting subsection (1), the executive officer is responsible 18
for-- 19
(a) the management of the office including financial management; 20
and 21
(b) the negotiation of service agreements; and 22
(c) the implementation of service agreements; and 23
(d) providing training for members of a board, when first appointed, 24
about their role and the legislative scheme. 25
(3) The executive officer may also perform other functions given to or 26
s 13 9 s 15
Health Practitioner Registration Boards
(Administration)
conferred on the executive officer under another Act, including, for 1
example, any Act in the legislative scheme. 2
of executive officer 3
Powers
13.(1) The executive officer has power to do anything necessary or 4
convenient for the performance of the office's function or the executive 5
officer's functions. 6
(2) Without limiting subsection (1), the executive officer may-- 7
(a) enter into a service agreement with a board; and 8
(b) engage suitably qualified persons external to the office to help it 9
perform its function including, for example, by providing it with 10
services, information and advice. 11
(3) The executive officer may also exercise other powers conferred on 12
the executive officer under another Act including, for example, any Act in 13
the legislative scheme. 14
and executive officer 15
State
14. The executive officer represents the State. 16
by executive officer 17
Delegation
15.(1) The executive officer may delegate the executive officer's powers 18
under this Act to an appropriately qualified member of the office's staff. 19
(2) However, the executive officer may not delegate the power to enter 20
into a service agreement with a board. 21
(3) In this section-- 22
"appropriately qualified" includes having the qualifications, experience or 23
standing appropriate to exercise the power. 24
25
Example of `standing'--
26
A person's classification level in the office.
s 16 10 s 18
Health Practitioner Registration Boards
(Administration)
1
Resignation
16. The executive officer may resign by signed notice given to the 2
Minister. 3
of appointment 4
Ending
17.(1) The Governor in Council may end the appointment of the 5
executive officer if the executive officer-- 6
(a) is convicted of an indictable offence; or 7
(b) is guilty of misconduct that could warrant dismissal from the 8
public service if the executive officer were a public service officer; 9
or 10
(c) is guilty of neglect of duty or incompetence; or 11
(d) becomes incapable of satisfactorily performing the executive 12
officer's functions. 13
(2) In this section-- 14
"convicted" means found guilty, or having a plea of guilty accepted by a 15
court, whether or not a conviction is recorded. 16
of rights 17
Preservation
18.(1) This section applies if a public service officer is appointed as the 18
executive officer. 19
(2) The person retains and is entitled to all rights that have accrued to the 20
person because of employment as a public service officer, or that would 21
accrue in the future to the person because of that employment, as if service 22
as executive officer were a continuation of service as a public service 23
officer. 24
(3) At the end of the person's term of appointment or on resignation-- 25
(a) the person is entitled to be employed as a public service officer-- 26
(i) at the classification level at which the person would have 27
been employed if the person had continued in employment 28
as a public service officer; and 29
s 19 11 s 21
Health Practitioner Registration Boards
(Administration)
(ii) on the remuneration to which the person would have been 1
entitled if the person had continued in employment as a 2
public service officer; and 3
(b) the person's service as executive officer is taken to be service of a 4
like nature in the public service for deciding the person's rights as 5
a public service officer. 6
for executive officer who was previously an officer of 7
Superannuation
the public service 8
19.(1) This section applies if a public service officer is appointed as the 9
executive officer and immediately before the appointment the public service 10
officer was a member of the State Public Sector Superannuation Scheme 11
under the Superannuation (State Public Sector) Act 1990. 12
(2) The person continues to be eligible to be, and to be, a member of the 13
scheme. 14
executive officer 15
Acting
20. The Minister may appoint a person to act as executive officer-- 16
(a) during a vacancy in that office; or 17
(b) during any period, or during all periods, when the executive 18
officer is absent from duty or can not, for another reason, 19
perform the functions of that office. 20
Division 5--Staff of the office 21
staff 22
Office
21. The staff of the office are to be employed under the Public Service 23
Act 1996. 24
s 22 12 s 24
Health Practitioner Registration Boards
(Administration)
PART 3--OFFICE'S RELATIONSHIP WITH THE 1
BOARDS 2
Division 1--Administrative and operational support to the boards 3
to provide administrative and operational support under a 4
Office
service agreement 5
22. The office must provide administrative and operational support to 6
each board under a service agreement. 7
to use office for administrative and operational support 8
Board
23.(1) Each board must obtain all administrative and operational support 9
from the office. 10
(2) Subsection (1) does not limit the following powers of a board-- 11
(a) power under a health practitioner registration Act or the Health 12
Practitioners (Professional Standards) Act 1999 to establish a 13
committee to advise the board on anything within the scope of the 14
board's functions; 15
(b) power under the Health Practitioners (Professional Standards) 16
Act 1999 to appoint an inspector or investigator, or a person to 17
carry out a health assessment; 18
(c) power under the Health Practitioners (Professional Standards) 19
Act 1999 to engage a person to provide expert advice to the board. 20
(3) Also, subsection (1) does not prevent a member of a board from 21
advising or informing the board about anything. 22
(4) Further, despite subsection (1), a board may engage a person to help 23
the board in negotiating a service agreement. 24
may authorise other support 25
Minister
24.(1) However, the Minister may authorise a board to obtain 26
administrative and operational support from another source approved by the 27
s 25 13 s 26
Health Practitioner Registration Boards
(Administration)
Minister, if the Minister is satisfied the office can not provide the 1
administrative and operational support necessary to help the board to 2
perform its functions. 3
(2) The Minister must, before authorising a board to obtain 4
administrative and operational support from another source, consider-- 5
(a) the board's functions under the relevant health practitioner 6
registration Act, the Health Practitioners (Professional 7
Standards) Act 1999 and any other Act; and 8
(b) the services to be provided to the board as stated in the existing 9
service agreement concerning the board; and 10
(c) the extent to which the office can provide the administrative and 11
operational support necessary to help the board to perform its 12
functions. 13
may give directions to give effect to authorisation 14
Minister
25.(1) To give effect to an authorisation under section 24 the Minister 15
may give the executive officer or the board written directions. 16
(2) Without limiting subsection (1), the directions may be about the 17
following-- 18
(a) varying the existing service agreement or entering into a new 19
service agreement; 20
(b) adjusting the amounts paid or payable to the office by the board 21
under the existing service agreement. 22
(3) The executive officer or the board must comply with the directions. 23
2--Form of service agreements 24
Division
to be in writing 25
Agreement
26. A service agreement must be in writing. 26
s 27 14 s 28
Health Practitioner Registration Boards
(Administration)
must be included in a service agreement 1
What
27.(1) The service agreement must state anything the executive officer 2
and the board consider necessary to ensure the provision of the 3
administrative and operational support necessary to help the board to 4
perform its functions. 5
(2) Without limiting subsection (1), the service agreement must include 6
the following-- 7
(a) details of the services to be provided by the office; 8
(b) the amount payable to the office by the board for the provision of 9
the services; 10
(c) how the amount payable is to be calculated; 11
(d) how the amount payable is to be paid, for example, by 12
instalments, and the amount and timing of the instalments; 13
(e) an arrangement by which the executive officer reports to the 14
board about the office's performance under the agreement; 15
(f) an arrangement by which the executive officer accounts to the 16
board for moneys collected, managed and disbursed for the board 17
by the office; 18
(g) the term of the agreement, which must not be more than 3 years; 19
(h) how the agreement may be varied. 20
Division 3--Negotiation of subsequent service agreements 21
of subsequent service agreements 22
Negotiation
28.(1) The executive officer and each board must, at least 3 months 23
before the existing service agreement between the executive officer and the 24
board is to end, enter into negotiations for a subsequent service agreement.1 25
(2) The executive officer and the board must endeavour to reach 26
1 Provisions about initial service agreements are contained in part 5.
s 29 15 s 30
Health Practitioner Registration Boards
(Administration)
agreement on the subsequent service agreement as soon as practicable and 1
in any event at least 1 month before the existing service agreement is to end. 2
procedures for subsequent service agreements 3
Special
29.(1) This section applies if the subsequent service agreement has not 4
been entered into between the executive officer and the board at least 5
1 month before the existing service agreement is to end. 6
(2) The executive officer must immediately inform the Minister of the 7
circumstances mentioned in subsection (1). 8
(3) The Minister may give the executive officer or the board written 9
directions to take particular steps in relation to the subsequent service 10
agreement. 11
(4) Without limiting subsection (3), a direction may be about the 12
subsequent service agreement's terms. 13
(5) The executive officer or the board must immediately comply with the 14
directions. 15
ART 4--MISCELLANEOUS 16
P
administration 17
Financial
30.(1) For the Financial Administration and Audit Act 1977 the office is 18
a statutory body within the meaning of that Act. 19
(2) For the application of that Act to the office as a statutory body-- 20
(a) anything done in the name of, or on behalf of, the office by the 21
executive officer is taken to have been done by the office; and 22
(b) the executive officer must ensure the office complies with that 23
Act; and 24
(c) the executive officer is taken to be the chairperson of the office; 25
and 26
s 31 16 s 33
Health Practitioner Registration Boards
(Administration)
(d) section 46G(4) of that Act is taken to require the executive officer 1
to consider the annual financial statements and the 2
auditor-general's report mentioned in the subsection as soon as 3
practicable after they are received by the office; and 4
(e) section 46H of that Act is taken to require the executive officer to 5
consider any observations, suggestions or comments given to the 6
executive officer under section 93(4) of that Act as soon as 7
practicable after the executive officer receives them. 8
that office is a statutory body 9
Declaration
31.(1) The office is a statutory body for the Statutory Bodies Financial 10
Arrangements Act 1982. 11
(2) For the application of that Act to the office as a statutory body-- 12
(a) anything done in the name of, or on behalf of, the office by the 13
executive officer is taken to have been done by the office; and 14
(b) the executive officer must ensure the office complies with that 15
Act. 16
reports to include ministerial directions 17
Annual
32. The office's annual report for a financial year prepared under the 18
Financial Administration and Audit Act 1977, must include copies of all 19
ministerial directions given to the executive officer under section 9(1), 20
25(1), 29(3) or 38(3)2 of this Act during the financial year. 21
of Act 22
Review
33.(1) The Minister must ensure the operation of this Act is reviewed. 23
(2) The review must start within 3 years after the start of the initial 24
service agreements mentioned in part 5. 25
2 Section 9 (Minister's powers to give directions), 25 (Minister may give
directions to give effect to authorisation), 29 (Special procedures for subsequent
service agreements) or 38 (Special procedures for initial service agreements)
s 34 17 s 35
Health Practitioner Registration Boards
(Administration)
(3) The Minister must prepare, and table in the Legislative Assembly, a 1
report on the outcome of the review within 4 years after the start of the 2
initial service agreements. 3
power 4
Regulation-making
34. The Governor in Council may make regulations under this Act. 5
ART 5--TRANSITIONAL PROVISIONS 6
P
7
Definitions
35. In this part-- 8
"existing board" means a board established under an existing health 9
practitioner registration Act. 10
"existing health practitioner registration Act" means any 1 of the 11
following Acts-- 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
s 36 18 s 39
Health Practitioner Registration Boards
(Administration)
"initial service agreement", for an existing board, means the first service 1
agreement entered into between the executive officer and the board. 2
board may enter into service agreements 3
Existing
36.(1) Despite anything in an existing health practitioner registration Act, 4
it is part of an existing board's functions under that Act to enter into service 5
agreements. 6
(2) The board has all the powers necessary or convenient for 7
subsection (1). 8
of initial service agreement 9
Negotiation
37. The executive officer and each existing board must enter into 10
negotiations for an initial service agreement as soon as practicable after the 11
commencement of this section. 12
procedures for initial service agreements 13
Special
38.(1) This section applies if an initial service agreement has not been 14
entered into between the executive officer and an existing board within 15
4 months after the commencement of section 37. 16
(2) The executive officer must immediately inform the Minister of the 17
circumstances mentioned in subsection (1). 18
(3) The Minister may give the executive officer or the board written 19
directions to take particular steps in relation to the agreement. 20
(4) Without limiting subsection (3), a direction may be about the 21
agreement's terms. 22
(5) The executive officer or the existing board must immediately comply 23
with the directions. 24
of initial service agreements 25
Start
39.(1) The initial service agreements for all the existing boards must start 26
at the same time. 27
s 40 19 s 40
Health Practitioner Registration Boards
(Administration)
(2) The agreements start-- 1
(a) if the Minister, for that purpose, fixes a day by gazette notice that 2
is earlier than 6 months after the commencement of 3
section 37--on the day fixed by the Minister; or 4
(b) otherwise--6 months after that commencement. 5
by office to existing boards during transition period 6
Support
40.(1) This section applies despite section 22.3 7
(2) Also, this section applies only for the transition period. 8
(3) During the transition period the office must provide to each existing 9
board-- 10
(a) administrative and operational support of the type that, before the 11
commencement of section 10,4 was being supplied to the board 12
by the unit of the department known as the Office of the Health 13
Professional Registration Boards; and 14
(b) other administrative and operational support necessary or 15
convenient to help the board to perform its functions under the 16
Health Practitioners (Professional Standards) Act 1999. 17
(4) In this section-- 18
"transition period" means the period from the commencement of 19
section 10 until the initial service agreements start. 20
3 Section 22 (Office to provide administrative and operational support under a
service agreement)
4 Section 10 (Appointment of executive officer)
s 41 20 s 42
Health Practitioner Registration Boards
(Administration)
PART 6--AMENDMENT OF MEDICAL ACT AND 1
OTHER ACTS (ADMINISTRATION) ACT 1966 2
amended in pt 6 3
Act
41. This part amends the Medical Act and Other Acts (Administration) 4
Act 1966. 5
of s 4A (Appointment of registrar) 6
Replacement
42. Section 4A-- 7
omit, insert-- 8
of boards 9
`Registrar
`4A.(1) The executive officer under the Health Practitioner Registration 10
Boards (Administration) Act 1999 is the registrar of each board mentioned 11
in section 4(1) and is taken to be appointed as registrar under the Act 12
establishing the board. 13
`(2) A reference in an Act mentioned in section 4(1) to the registrar is 14
taken to be a reference to the registrar appointed by subsection (1). 15
`(3) An Act mentioned in section 4(1) has effect subject to 16
subsections (1) and (2). 17
of registrar's powers 18
`Delegation
`5.(1) The registrar may delegate the registrar's powers under an Act 19
mentioned in section 4(1) or under this Act to an appropriately qualified 20
member of the staff of the Office of Health Practitioner Registration 21
Boards. 22
`(2) In this section-- 23
"appropriately qualified" includes having the qualifications, experience or 24
standing appropriate to exercise the power. 25
26
Example of `standing'--
27
A person's classification level in the office.'.
s 43 21 s 45
Health Practitioner Registration Boards
(Administration)
of s 8 (Deputy registrar of board to have powers etc. of 1
Omission
registrar) 2
43. Section 8-- 3
omit. 4
of s 11B (Annual report) 5
Amendment
44. Section 11B-- 6
insert-- 7
`(2A) The report must also include copies of all ministerial directions 8
given to the board during the financial year under the Health Practitioner 9
Registration Boards (Administration) Act 1999, section 25(1), 29(3) or 10
38(3).5'. 11
of new s 19 12
Insertion
45. After section 18-- 13
insert-- 14
provisions for Health Practitioner Registration Boards 15
`Transitional
(Administration) Act 1999 16
`19.(1) The public service officer holding office, immediately before the 17
commencement of the Health Practitioner Registration Boards 18
(Administration) Act 1999, section 42,6 as registrar of a board mentioned in 19
section 4(1) ceases holding the office on that commencement. 20
`(2) The person's status as a public service officer is not affected merely 21
because of subsection (1). 22
`(3) For the transition period-- 23
(a) section 4(1) applies as if-- 24
5 Health Practitioner Registration Boards (Administration) Act 1999, section 25
(Minister may give directions to give effect to authorisation), 29 (Special
procedures for subsequent service agreements) or 38 (Special procedures for
initial service agreements)
6 Section 42 (Replacement of s 4A (Appointment of registrar))
s 45 22 s 45
Health Practitioner Registration Boards
(Administration)
(i) a reference to the registrar and other officers of a board 1
included a reference to the executive officer and staff of the 2
Office of Health Practitioner Registration Boards; and 3
(ii) a reference to the administration of the Acts mentioned in the 4
subsection included a reference to the provision of 5
administrative and operational support under the Health 6
Practitioner Registration Boards (Administration) Act 7
1999, section 40;7 and 8
(b) the Medical Act and Other Acts (Administration) Regulation 9
1994, section 2,8 applies as if-- 10
(i) a reference to the registrar and other officers of a board 11
included a reference to the executive officer and staff of the 12
Office of Health Practitioner Registration Boards; and 13
(ii) a reference to the administrative costs of a board included a 14
reference to the costs of providing administrative and 15
operational support under the Health Practitioner 16
Registration Boards (Administration) Act 1999, section 40. 17
`(4) When the initial service agreements mentioned in the Health 18
Practitioner Registration Boards (Administration) Act 1999, section 39, 19
start9-- 20
(a) the power to make a regulation under section 4(1) ceases; and 21
(b) the Medical Act and Other Acts (Administration) Regulation 1994 22
is repealed. 23
`(5) In this section-- 24
"transition period" means the period from the commencement of the 25
Health Practitioner Registration Boards (Administration) Act 1999, 26
7 Section 40 (Support by office to existing boards during transition period)
8 Medical Act and Other Acts (Administration) Regulation 1994, section 2
(Contributions to be made by certain boards to consolidated fund--Act s 4)
9 The Health Practitioner Registration Boards (Administration) Act 1999,
section 39, provides for when the agreements start.
s 46 23 s 47
Health Practitioner Registration Boards
(Administration)
section 10,10 until the initial service agreements mentioned in 1
section 39 of that Act start.'. 2
PART 7--AMENDMENT OF PUBLIC SERVICE ACT 3
1996 4
amended in pt 7 5
Act
46. This part amends the Public Service Act 1996. 6
of sch 1 (Public service offices and their heads) 7
Amendment
47. Schedule 1-- 8
insert-- 9
`7A Office of Health Practitioner Executive officer'.
Registration Boards
10 Section 10 (Appointment of executive officer)
24
Health Practitioner Registration Boards
(Administration)
SCHEDULE 1
ICTIONARY 2
ĄD
section 4 3
"administrative and operational support", in relation to a board, 4
includes the following-- 5
(a) maintaining the board's register; 6
(b) collecting moneys payable to the board and managing and 7
disbursing moneys held for the board; 8
(c) providing and maintaining accommodation and equipment for 9
use by the board; 10
(d) providing secretariat services to the board; 11
(e) providing advice to the board about the operation of the legislative 12
scheme; 13
(f) helping the board to meet its statutory financial obligations 14
including, for example, under the Financial Administration and 15
Audit Act 1977; 16
(g) exercising powers conferred on or delegated to the executive 17
officer or staff of the office under the Health Practitioners 18
(Professional Standards) Act 1999, a health practitioner 19
registration Act or another Act. 20
"board" means a health practitioner registration board. 21
"executive officer" means the executive officer of the office. 22
"existing board", for part 5, see section 35. 23
"existing health practitioner registration Act", for part 5, see section 35. 24
"existing service agreement", for the executive officer and a board, means 25
the current service agreement between the executive officer and the 26
board. 27
25
Health Practitioner Registration Boards
(Administration)
SCHEDULE (continued)
"health practitioner registration Act" means any 1 of the following 1
Acts-- 2
· Chiropractors and Osteopaths Act 1979 3
· Dental Act 1971 4
· Dental Technicians and Dental Prosthetists Act 1991 5
· Medical Act 1939 6
· Occupational Therapists Act 1979 7
· Optometrists Act 1974 8
· Pharmacy Act 1976 9
· Physiotherapists Act 1964 10
· Podiatrists Act 1969 11
· Psychologists Act 1977 12
· Speech Pathologists Act 1979. 13
"health practitioner registration board" means a board established under 14
a health practitioner registration Act. 15
"initial service agreement", for part 5, see section 35. 16
"legislative scheme" see section 5. 17
"office" means the Office of Health Practitioner Registration Boards. 18
"service agreement" means an agreement made under this Act between the 19
executive officer and a board for the provision of administrative and 20
operational support by the office to the board. 21
22
© State of Queensland 1999
[Index] [Search] [Download] [Related Items] [Help]