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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Medical Board
(Administration) Bill 2006
Queensland
Medical Board (Administration) Bill 2006
Contents
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Office of the Medical Board of Queensland
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
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
2
Medical Board (Administration) Bill 2006
Division 5 Staff of the office
21 Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 3 Office's relationship with the board
Division 1 Administrative and operational support to the board
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 . . . . . . . . . . . . . . . . . . . . . . 13
25 Minister may give directions to give effect to authorisation . . . . . 13
Division 2 Form of service agreements
26 Agreement to be in writing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
27 What must be included in a service agreement . . . . . . . . . . . . . . 14
Division 3 Negotiation of subsequent service agreements
28 Negotiation of subsequent service agreements . . . . . . . . . . . . . . 15
29 Special procedures for subsequent service agreements . . . . . . . 15
Part 4 Miscellaneous
30 Financial administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
31 Office is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
32 Annual reports to include ministerial directions . . . . . . . . . . . . . . 16
33 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 5 Transitional provisions
34 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
35 Negotiation of initial service agreement . . . . . . . . . . . . . . . . . . . . 17
36 Special procedures for initial service agreement . . . . . . . . . . . . . 18
37 Termination of previous agreement . . . . . . . . . . . . . . . . . . . . . . . 18
38 Support by office to board during transition period . . . . . . . . . . . 18
39 Minister may authorise other support . . . . . . . . . . . . . . . . . . . . . . 19
40 Minister may give directions to executive officer or board to give
effect to authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
41 Minister may give directions to executive officer of OHPRB etc. . 19
Part 6 Amendment of Acts
42 Consequential and other amendments of Acts . . . . . . . . . . . . . . 20
Schedule 1 Consequential and other amendments of Acts . . . . . . . . . . . 21
Health Practitioner Registration Boards (Administration) Act
1999 ........................................ 21
Health Practitioners (Professional Standards) Act 1999 . . . . . . . 22
Health Quality and Complaints Commission Act 2006. . . . . . . . . 31
3
Medical Board (Administration) Bill 2006
Medical Practitioners Registration Act 2001. . . . . . . . . . . . . . . . . 32
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
2006
A Bill
for
An Act to provide for administrative arrangements for the
Medical Board of Queensland, and for other purposes
s1 6 s6
Medical Board (Administration) Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Medical Board (Administration) 4
Act 2006. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Main object of Act 8
(1) The main object of this Act is to establish administrative 9
arrangements to help the board to perform its functions. 10
(2) The object is primarily achieved by establishing the Office of 11
the Medical Board of Queensland. 12
4 Definitions 13
The dictionary in schedule 2 defines particular words used in 14
this Act. 15
5 The legislative scheme 16
This Act is part of a legislative scheme (the legislative 17
scheme) consisting of this Act, the health practitioner 18
registration Acts, the Health Practitioner Registration Boards 19
(Administration) Act 1999 and the Health Practitioners 20
(Professional Standards) Act 1999. 21
6 Act binds State 22
This Act binds the State. 23
s7 7 s9
Medical Board (Administration) Bill 2006
Part 2 Office of the Medical Board of 1
Queensland 2
Division 1 Establishment 3
7 Establishment of office 4
(1) The Office of the Medical Board of Queensland is 5
established. 6
(2) The office consists of the executive officer and the staff of the 7
office. 8
Division 2 Office's function 9
8 Function of office 10
The office's function is to provide the administrative and 11
operational support necessary or convenient to-- 12
(a) help the board to perform its functions; and 13
(b) help the executive officer to perform his or her functions 14
and exercise his or her powers. 15
Division 3 Minister's powers in relation to 16
office 17
9 Minister's powers to give directions 18
(1) The Minister may give the executive officer a written 19
direction about the administration and operation of the office 20
if the Minister is satisfied it is necessary to give the direction 21
in the public interest. 22
(2) Without limiting subsection (1), a direction may be to provide 23
reports and information. 24
(3) The executive officer must comply with the direction. 25
s 10 8 s 12
Medical Board (Administration) Bill 2006
Division 4 The executive officer 1
10 Appointment of executive officer 2
(1) There is to be an executive officer of the office. 3
(2) The executive officer is to be appointed by the Governor in 4
Council. 5
(3) The executive officer is appointed for the term stated in the 6
instrument of appointment, and is eligible for reappointment. 7
(4) The stated term must not be longer than 5 years. 8
(5) The Public Service Act 1996 does not apply to the 9
appointment of the executive officer. 10
11 Terms of appointment 11
(1) The executive officer is to be paid the remuneration and 12
allowances decided by the Governor in Council. 13
(2) The executive officer holds office on terms, not provided for 14
by this Act, decided by the Governor in Council. 15
12 Functions of executive officer 16
(1) The executive officer is to control the office and is responsible 17
for its efficient and effective administration and operation. 18
(2) Without limiting subsection (1), the executive officer is 19
responsible for-- 20
(a) the management of the office including financial 21
management; and 22
(b) the negotiation of service agreements; and 23
(c) the implementation of service agreements; and 24
(d) providing training for members of the board, when first 25
appointed, about their role and the legislative scheme. 26
(3) The executive officer may also perform other functions given 27
to or conferred on the executive officer under another Act, 28
including, for example, any Act in the legislative scheme. 29
s 13 9 s 15
Medical Board (Administration) Bill 2006
13 Powers of executive officer 1
(1) The executive officer has power to do anything necessary or 2
convenient for the performance of the office's function or 3
executive officer's functions. 4
(2) Without limiting subsection (1), the executive officer may-- 5
(a) enter into a service agreement with the board; and 6
(b) engage suitably qualified persons external to the office 7
to help it perform its function including, for example, by 8
providing it with services, information and advice. 9
(3) The executive officer may exercise a power delegated to the 10
executive officer under the Medical Practitioners Registration 11
Act 2001, section 135.1 12
(4) The executive officer may also exercise other powers 13
conferred on the executive officer under another Act 14
including, for example, any Act in the legislative scheme. 15
14 State and executive officer 16
The executive officer represents the State. 17
15 Delegation by executive officer 18
(1) The executive officer may delegate the executive officer's 19
functions under this Act to an appropriately qualified member 20
of the office's staff. 21
(2) However, the executive officer may not delegate-- 22
(a) the power to enter into a service agreement with the 23
board; or 24
(b) a power delegated to the executive officer under the 25
Medical Practitioners Registration Act 2001, section 26
135. 27
(3) In this section-- 28
appropriately qualified includes having the qualifications, 29
experience or standing appropriate to exercise the power. 30
1 Medical Practitioners Registration Act 2001, section 135 (Practice in area of need)
s 16 10 s 18
Medical Board (Administration) Bill 2006
1
Example of standing--
2
a person's classification level in the office
functions includes powers. 3
16 Resignation 4
The executive officer may resign by signed notice given to the 5
Minister. 6
17 Ending of appointment 7
(1) The Governor in Council may end the appointment of the 8
executive officer if the executive officer-- 9
(a) is convicted of an indictable offence; or 10
(b) is guilty of misconduct that could warrant dismissal 11
from the public service if the executive officer were a 12
public service officer; or 13
(c) is guilty of neglect of duty or incompetence; or 14
(d) becomes incapable of satisfactorily performing the 15
executive officer's functions. 16
(2) In this section-- 17
convicted means found guilty, or having a plea of guilty 18
accepted by a court, whether or not a conviction is recorded. 19
18 Preservation of rights 20
(1) This section applies if a public service officer is appointed as 21
the executive officer. 22
(2) The person retains and is entitled to all rights that have 23
accrued to the person because of employment as a public 24
service officer, or that would accrue in the future to the person 25
because of that employment, as if service as executive officer 26
were a continuation of service as a public service officer. 27
(3) At the end of the person's term of appointment or on 28
resignation-- 29
(a) the person is entitled to be employed as a public service 30
officer-- 31
s 19 11 s 21
Medical Board (Administration) Bill 2006
(i) at the classification level at which the person 1
would have been employed if the person had 2
continued in employment as a public service 3
officer; and 4
(ii) on the remuneration to which the person would 5
have been entitled if the person had continued in 6
employment as a public service officer; and 7
(b) the person's service as executive officer is taken to be 8
service of a like nature in the public service for deciding 9
the person's rights as a public service officer. 10
19 Superannuation for executive officer who was previously 11
an officer of the public service 12
(1) This section applies if a public service officer is appointed as 13
the executive officer and immediately before the appointment 14
the public service officer was a member of the State Public 15
Sector Superannuation Scheme under the Superannuation 16
(State Public Sector) Act 1990. 17
(2) The person continues to be eligible to be, and to be, a member 18
of the scheme. 19
20 Acting executive officer 20
The Minister may appoint a person to act as executive 21
officer-- 22
(a) during a vacancy in that office; or 23
(b) during any period, or during all periods, when the 24
executive officer is absent from duty or can not, for 25
another reason, perform the functions of that office. 26
Division 5 Staff of the office 27
21 Office staff 28
The staff of the office are to be employed under the Public 29
Service Act 1996. 30
s 22 12 s 23
Medical Board (Administration) Bill 2006
Part 3 Office's relationship with the 1
board 2
Division 1 Administrative and operational 3
support to the board 4
22 Office to provide administrative and operational support 5
under a service agreement 6
The office must provide administrative and operational 7
support to the board under a service agreement. 8
23 Board to use office for administrative and operational 9
support 10
(1) The board must obtain all administrative and operational 11
support from the office. 12
(2) Subsection (1) does not limit the following powers of the 13
board-- 14
(a) power under the Medical Practitioners Registration Act 15
2001 or the Health Practitioners (Professional 16
Standards) Act 1999 to establish a committee to advise 17
the board on anything within the scope of the board's 18
functions; 19
(b) power under the Health Practitioners (Professional 20
Standards) Act 1999 to appoint an inspector or 21
investigator, or a person to carry out a health 22
assessment; 23
(c) power under the Health Practitioners (Professional 24
Standards) Act 1999 to engage a person to provide 25
expert advice to the board; 26
(d) power under the Medical Practitioners Registration Act 27
2001 to appoint an inspector or a person to conduct a 28
health assessment. 29
(3) Also, subsection (1) does not prevent a member of the board 30
from advising or informing the board about anything. 31
s 24 13 s 25
Medical Board (Administration) Bill 2006
(4) Further, despite subsection (1), the board may engage a 1
person to help the board in negotiating a service agreement. 2
24 Minister may authorise other support 3
(1) However, the Minister may authorise the board to obtain 4
administrative and operational support from another source 5
approved by the Minister, if the Minister is satisfied the office 6
can not provide the administrative and operational support 7
necessary to help the board to perform its functions. 8
(2) The Minister must, before authorising the board to obtain 9
administrative and operational support from another source, 10
consider-- 11
(a) the board's functions under the Medical Practitioners 12
Registration Act 2001, the Health Practitioners 13
(Professional Standards) Act 1999 and any other Act; 14
and 15
(b) the services to be provided to the board as stated in the 16
existing service agreement concerning the board; and 17
(c) the extent to which the office can provide the 18
administrative and operational support necessary to help 19
the board to perform its functions. 20
25 Minister may give directions to give effect to 21
authorisation 22
(1) To give effect to an authorisation under section 24, the 23
Minister may give the executive officer or board written 24
directions. 25
(2) Without limiting subsection (1), the directions may be about 26
the following-- 27
(a) varying the existing service agreement or entering into a 28
new service agreement; 29
(b) adjusting the amounts paid or payable to the office by 30
the board under the existing service agreement. 31
(3) The executive officer or board must comply with the 32
directions. 33
s 26 14 s 27
Medical Board (Administration) Bill 2006
Division 2 Form of service agreements 1
26 Agreement to be in writing 2
A service agreement must be in writing. 3
27 What must be included in a service agreement 4
(1) The service agreement must state anything the executive 5
officer and board consider necessary to ensure the provision 6
of the administrative and operational support necessary to 7
help the board to perform its functions. 8
(2) Without limiting subsection (1), the service agreement must 9
include the following-- 10
(a) details of the services to be provided by the office; 11
(b) the amount payable to the office by the board for the 12
provision of the services; 13
(c) how the amount payable is to be calculated; 14
(d) how the amount payable is to be paid, for example, by 15
instalments, and the amount and timing of the 16
instalments; 17
(e) an arrangement by which the executive officer reports to 18
the board about the office's performance under the 19
agreement; 20
(f) an arrangement by which the executive officer accounts 21
to the board for moneys collected, managed and 22
disbursed for the board by the office; 23
(g) the term of the agreement, which must not be more than 24
3 years; 25
(h) how the agreement may be varied. 26
s 28 15 s 30
Medical Board (Administration) Bill 2006
Division 3 Negotiation of subsequent service 1
agreements 2
28 Negotiation of subsequent service agreements 3
(1) The executive officer and board must, at least 3 months before 4
the existing service agreement between the executive officer 5
and board is to end, enter into negotiations for a subsequent 6
service agreement. 7
(2) The executive officer and board must endeavour to reach 8
agreement on the subsequent service agreement as soon as 9
practicable and in any event at least 1 month before the 10
existing service agreement is to end. 11
29 Special procedures for subsequent service agreements 12
(1) This section applies if the subsequent service agreement has 13
not been entered into between the executive officer and board 14
at least 1 month before the existing service agreement is to 15
end. 16
(2) The executive officer must immediately inform the Minister 17
of the circumstances mentioned in subsection (1). 18
(3) The Minister may give the executive officer or board written 19
directions to take particular steps in relation to the subsequent 20
service agreement. 21
(4) Without limiting subsection (3), a direction may be about the 22
subsequent service agreement's terms. 23
(5) The executive officer or board must immediately comply with 24
the directions. 25
Part 4 Miscellaneous 26
30 Financial administration 27
(1) The office is a statutory body under the Financial 28
Administration and Audit Act 1977. 29
s 31 16 s 32
Medical Board (Administration) Bill 2006
(2) For the application of that Act to the office as a statutory 1
body-- 2
(a) anything done in the name of, or on behalf of, the office 3
by the executive officer is taken to have been done by 4
the office; and 5
(b) the executive officer must ensure the office complies 6
with that Act; and 7
(c) the executive officer is taken to be the chairperson of the 8
office; and 9
(d) section 46G(4) of that Act is taken to require the 10
executive officer to consider the annual financial 11
statements and the auditor-general's report mentioned in 12
the subsection as soon as practicable after they are 13
received by the office; and 14
(e) section 46H of that Act is taken to require the executive 15
officer to consider any observations, suggestions or 16
comments given to the executive officer under section 17
93(4) of that Act as soon as practicable after the 18
executive officer receives them. 19
31 Office is statutory body under the Statutory Bodies 20
Financial Arrangements Act 1982 21
(1) The office is a statutory body under the Statutory Bodies 22
Financial Arrangements Act 1982. 23
(2) For the application of that Act to the office as a statutory 24
body-- 25
(a) anything done in the name of, or on behalf of, the office 26
by the executive officer is taken to have been done by 27
the office; and 28
(b) the executive officer must ensure the office complies 29
with that Act. 30
32 Annual reports to include ministerial directions 31
The office's annual report for a financial year prepared under 32
the Financial Administration and Audit Act 1977 must include 33
copies of all ministerial directions given to the executive 34
s 33 17 s 35
Medical Board (Administration) Bill 2006
officer under section 9(1), 25(1), 29(3), 36(3) or 40(1)2 of this 1
Act during the financial year. 2
33 Regulation-making power 3
The Governor in Council may make regulations under this 4
Act. 5
Part 5 Transitional provisions 6
34 Definitions for pt 5 7
In this part-- 8
commencement means commencement of this section. 9
initial service agreement means the first service agreement 10
entered into between the executive officer and board. 11
OHPRB means the Office of Health Practitioner Registration 12
Boards established under the Health Practitioner Registration 13
Boards (Administration) Act 1999. 14
previous agreement means the service agreement, in force 15
immediately before the commencement, between the OHPRB 16
and board under the Health Practitioner Registration Boards 17
(Administration) Act 1999. 18
transition period means the period from the commencement 19
until the initial service agreement starts. 20
35 Negotiation of initial service agreement 21
The executive officer and board must enter into negotiations 22
for an initial service agreement as soon as practicable after the 23
commencement. 24
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), 36 (Special procedures for initial service agreement) or 40 (Minister
may give directions to executive officer or board to give effect to authorisation)
s 36 18 s 38
Medical Board (Administration) Bill 2006
36 Special procedures for initial service agreement 1
(1) This section applies if an initial service agreement has not 2
been entered into between the executive officer and board 3
within 3 months after the commencement. 4
(2) The executive officer must immediately inform the Minister 5
of the circumstances mentioned in subsection (1). 6
(3) The Minister may give the executive officer or board written 7
directions to take particular steps in relation to the initial 8
service agreement. 9
(4) Without limiting subsection (3), a direction may be about the 10
initial service agreement's terms. 11
(5) The executive officer or board must immediately comply with 12
the directions. 13
37 Termination of previous agreement 14
(1) The previous agreement is terminated. 15
(2) Despite the termination of the previous agreement, any rights 16
accrued under the agreement to a party to the agreement 17
continue to be enforceable by that party against the other party 18
to the agreement. 19
38 Support by office to board during transition period 20
(1) This section applies despite section 22. 3
21
(2) Also, this section applies only for the transition period. 22
(3) During the transition period, the office must provide to the 23
board-- 24
(a) administrative and operational support of the type that, 25
before the commencement, was being provided to the 26
board by the OHPRB under the previous agreement; and 27
(b) other administrative and operational support necessary 28
or convenient to help the board to perform its functions 29
under the Medical Practitioners Registration Act 2001 30
3 Section 22 (Office to provide administrative and operational support under a service
agreement)
s 39 19 s 41
Medical Board (Administration) Bill 2006
and the Health Practitioners (Professional Standards) 1
Act 1999. 2
39 Minister may authorise other support 3
(1) However, the Minister may authorise the board to obtain 4
administrative and operational support from another source 5
approved by the Minister, if the Minister is satisfied the office 6
can not provide the administrative and operational support 7
necessary to help the board to perform its functions during the 8
transition period. 9
(2) Without limiting subsection (1), the Minister may authorise 10
the board to obtain support from the OHPRB on the same 11
terms as the previous agreement. 12
(3) The Minister must, before authorising the board to obtain 13
administrative and operational support from another source, 14
consider-- 15
(a) the board's functions under the Medical Practitioners 16
Registration Act 2001, the Health Practitioners 17
(Professional Standards) Act 1999 and any other Act; 18
and 19
(b) the extent to which the office can provide the 20
administrative and operational support necessary to help 21
the board to perform its functions. 22
40 Minister may give directions to executive officer or board 23
to give effect to authorisation 24
(1) To give effect to an authorisation under section 39, the 25
Minister may give the executive officer or board written 26
directions. 27
(2) The executive officer or board must comply with the 28
directions. 29
41 Minister may give directions to executive officer of 30
OHPRB etc. 31
(1) This section applies if, under section 39, the Minister 32
authorises the board to obtain support from the OHPRB on the 33
same terms as the previous agreement. 34
s 42 20 s 42
Medical Board (Administration) Bill 2006
(2) To give effect to the authorisation, the Minister may give the 1
executive officer of the OHPRB written directions. 2
(3) The executive officer of the OHPRB must comply with the 3
directions. 4
(4) Also, despite the Health Practitioner Registration Boards 5
(Administration) Act 1999, section 8, to give effect to the 6
authorisation, the OHPRB is to provide administrative and 7
operational support to the board. 8
Part 6 Amendment of Acts 9
42 Consequential and other amendments of Acts 10
Schedule 1 amends the Acts mentioned in it. 11
21
Medical Board (Administration) Bill 2006
Schedule 1 Consequential and other 1
amendments of Acts 2
section 42 3
Health Practitioner Registration Boards 4
(Administration) Act 1999 5
1 Section 5, after `this Act'-- 6
insert-- 7
`, the health practitioner registration Acts, the Medical Board 8
(Administration) Act 2006'. 9
2 Section 13(3)-- 10
omit. 11
3 Section 13(4)-- 12
renumber as section 13(3). 13
4 Section 15(2)-- 14
omit, insert-- 15
`(2) However, the executive officer may not delegate the power to 16
enter into a service agreement with a board.'. 17
5 Schedule, definition health practitioner registration Act, `· 18
Medical Practitioners Registration Act 2001'-- 19
omit. 20
22
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
Health Practitioners (Professional Standards) Act 1
1999 2
1 Section 4, after `registration Acts'-- 3
insert-- 4
`, the Medical Board (Administration) Act 2006'. 5
2 Section 12(2), before `may'-- 6
insert-- 7
`, other than the medical board,'. 8
3 Section 12(3)-- 9
renumber as section 12(4). 10
4 Section 12-- 11
insert-- 12
`(3) The medical board may delegate its powers to-- 13
(a) a member of the board; or 14
(b) the executive officer (medical); or 15
(c) with the agreement of the executive officer 16
(medical)--an appropriately qualified member of the 17
staff of the office (medical).'. 18
5 Section 12(4), as renumbered, definition appropriately 19
qualified, `subsection (2)(c)'-- 20
omit, insert-- 21
`this section'. 22
23
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
6 Section 12(4), as renumbered-- 1
insert-- 2
`appropriately qualified, for a member of the staff of the 3
office (medical), includes having the qualifications, 4
experience or standing appropriate to exercise the power. 5
6
Example of standing--
7
the staff member's classification level in the office (medical)'.
7 Section 23(2)(c), after `office'-- 8
insert-- 9
`or office (medical)'. 10
8 Section 25(g), after `officer'-- 11
insert-- 12
`or executive officer (medical)'. 13
9 Section 29, from `District Courts' to `10.' and footnote-- 14
omit, insert-- 15
`the District Court of Queensland appointed under the District 16
Court of Queensland Act 1967, section 10.'. 17
10 Section 73(b) and (c)-- 18
omit, insert-- 19
`(b) if-- 20
(i) the board is the medical board--the executive 21
officer (medical); or 22
(ii) the board is not the medical board--the executive 23
officer; 24
24
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
(c) if-- 1
(i) the board is the medical board and the executive 2
officer (medical) agrees--a member of the staff of 3
the office (medical) the board considers has the 4
necessary expertise or experience to be an 5
investigator; or 6
(ii) the board is not the medical board and the 7
executive officer agrees--a member of the office's 8
staff the board considers has the necessary 9
expertise or experience to be an investigator;'. 10
11 Section 76-- 11
omit, insert-- 12
`76 Failure to return identity card 13
`A person who ceases to be an investigator must give the 14
person's identity card-- 15
(a) if the person was appointed as an investigator by the 16
medical board--to the executive officer (medical) 17
within 7 days after the person ceases to be an 18
investigator, unless the person has a reasonable excuse; 19
or 20
(b) otherwise--to the executive officer within 7 days after 21
the person ceases to be an investigator, unless the person 22
has a reasonable excuse. 23
Maximum penalty--10 penalty units.'. 24
12 Section 98(1), from `by'-- 25
omit, insert-- 26
`by-- 27
(a) if the investigator was appointed as an investigator by 28
the medical board--the executive officer (medical) as 29
the executive officer (medical) considers appropriate; or 30
25
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
(b) otherwise--the executive officer as the executive officer 1
considers appropriate.'. 2
13 Section 98(2), after `officer'-- 3
insert-- 4
`or executive officer (medical)'. 5
14 Section 263(1), `board or disciplinary committee'-- 6
omit, insert-- 7
`board, other than the medical board or a disciplinary committee 8
established by a board, other than the medical board'. 9
15 Section 263(1)(b) and (c)-- 10
renumber as section 263(1)(c) and (d). 11
16 Section 263(1)-- 12
insert-- 13
`(b) if the disciplinary body is the medical board or a 14
disciplinary committee established by the medical 15
board--the executive officer (medical); and'. 16
17 Section 263(3)-- 17
omit, insert-- 18
`(3) The secretary or registrar must give a copy of a record kept by 19
the secretary or registrar under subsection (1)-- 20
(a) if the registrant to whom the disciplinary proceedings 21
related is or was registered under the Medical 22
Practitioners Registration Act 2001--to the executive 23
officer (medical) within 7 days after notice of the 24
decision is given to the registrant; or 25
26
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
(b) otherwise--to the executive officer within 7 days after 1
notice of the decision is given to the registrant to whom 2
the disciplinary proceedings related.'. 3
18 Section 263(4), (6) and (7), after `officer'-- 4
insert-- 5
`or executive officer (medical)'. 6
19 Section 263(6)(a), after `office'-- 7
insert-- 8
`or office (medical)'. 9
20 Section 358(1)(b) and (c)-- 10
omit, insert-- 11
`(b) if-- 12
(i) the board is the medical board--the executive 13
officer (medical); or 14
(ii) the board is not the medical board--the executive 15
officer; 16
(c) if-- 17
(i) the board is the medical board and the executive 18
officer (medical) agrees--a member of the staff of 19
the office (medical) the board considers has the 20
necessary expertise or experience to be an 21
inspector; or 22
(ii) the board is not the medical board and the 23
executive officer agrees--a member of the office's 24
staff the board considers has the necessary 25
expertise or experience to be an inspector;'. 26
21 Section 361(b)-- 27
renumber as section 361(c). 28
27
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
22 Section 361(a)-- 1
omit, insert-- 2
`(a) if the person was appointed as an inspector by the 3
medical board, and is not the secretary--to the executive 4
officer (medical) within 7 days after the person ceases to 5
be an inspector, unless the person has a reasonable 6
excuse; or 7
(b) if the person was appointed as an inspector by a board, 8
other than the medical board, and is not the 9
secretary--to the executive officer within 7 days after 10
the person ceases to be an inspector, unless the person 11
has a reasonable excuse; or'. 12
23 Section 367B(2), definition relevant person, paragraphs 13
(g) to (j)-- 14
renumber as paragraphs (h) to (k). 15
24 Section 367B(2), definition relevant person-- 16
insert-- 17
`(g) the executive officer (medical) or a member of the staff 18
of the office (medical);'. 19
25 Section 367C, `or a member of the staff of the office'-- 20
omit, insert-- 21
`, the executive officer (medical) or a member of the staff of the 22
office or office (medical)'. 23
26 Section 367D(1), after `officer'-- 24
insert-- 25
`or executive officer (medical)'. 26
28
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
27 Section 375(2)-- 1
renumber as section 375(3). 2
28 Section 375(1)-- 3
omit, insert-- 4
`(1) The executive officer (medical) must keep copies of codes of 5
practice developed or adopted by the medical board and 6
approved under section 374 open for inspection at the office 7
(medical) by members of the public during ordinary office 8
hours. 9
`(2) The executive officer must keep copies of codes of practice 10
developed or adopted by a board, other than the medical 11
board, and approved under section 374 open for inspection at 12
the office by members of the public during ordinary office 13
hours.'. 14
29 Section 375(3), as renumbered, `the board'-- 15
omit, insert-- 16
`a board'. 17
30 Section 382, heading, `or executive officer'-- 18
omit, insert-- 19
`, executive officer or executive officer (medical)'. 20
31 Section 382(1), after `officer'-- 21
insert-- 22
`or executive officer (medical)'. 23
32 Section 382(2), `or executive officer'-- 24
omit, insert-- 25
`, executive officer or executive officer (medical)'. 26
29
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
33 Section 386A(2)-- 1
insert-- 2
`(f) for an official who is the executive officer 3
(medical)--the medical board.'. 4
34 Section 386A(3), definition official, paragraph (g), after 5
`officer'-- 6
insert-- 7
`or executive officer (medical)'. 8
35 Section 392(5), definition relevant person, paragraphs (j) 9
to (k)-- 10
renumber as paragraphs (k) to (m). 11
36 Section 392(5), definition relevant person-- 12
insert-- 13
`(j) the executive officer (medical) or a member of the staff 14
of the office (medical); or'. 15
37 After section 405H-- 16
insert-- 17
`Division 4 Provisions for Medical Board 18
(Administration) Act 2006 19
`405I Definitions for div 4 20
`In this division-- 21
commencement means commencement of this section. 22
pre-amended Act means this Act as in force before the 23
commencement of the Medical Board (Administration) Act 24
2006, section 42 and schedule 1. 25
30
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
`405J Keeping of records 1
`(1) This section applies if, immediately before the 2
commencement, the executive officer was keeping records 3
under section 263 of the pre-amended Act relating to a person 4
who is or was registered under the Medical Practitioners 5
Registration Act 2001. 6
`(2) The executive officer must give the records to the executive 7
officer (medical). 8
`(3) The executive officer (medical) must keep the records under 9
section 263 and otherwise comply with that section in relation 10
to the records. 11
`405K Continuing appointment of inspector or investigator 12
`(1) This section applies if, immediately before the 13
commencement, there was in force an appointment by the 14
medical board of one of the following persons as an inspector 15
or investigator under the pre-amended Act-- 16
(a) the executive officer; 17
(b) a member of the office's staff. 18
`(2) Despite sections 73(b)(i) and (c)(i) and 358(1)(b)(i) and (c)(i), 19
the appointment continues in force.'. 20
38 Schedule, definition commencement-- 21
omit. 22
39 Schedule-- 23
insert-- 24
`commencement-- 25
(a) for part 13, division 3--see section 405A; or 26
(b) for part 13, division 4--see section 405I. 27
executive officer (medical) means the executive officer appointed 28
under the Medical Board (Administration) Act 2006. 29
31
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
medical board means the Medical Board of Queensland 1
established under the Medical Practitioners Registration Act 2001. 2
office (medical) means the Office of the Medical Board of 3
Queensland established under the Medical Board (Administration) 4
Act 2006. 5
pre-amended Act, for part 13, division 4, see section 405I.'. 6
40 Schedule, definition notice of review, paragraph (b), 7
`division 3'-- 8
omit, insert-- 9
`division 4'. 10
Health Quality and Complaints Commission Act 2006 11
1 Section 68(1)(c), after `the'-- 12
insert-- 13
`Medical Board of Queensland or'. 14
2 Section 68(1)(d)-- 15
renumber as section 68(1)(e). 16
3 Section 68(1)-- 17
insert-- 18
`(d) for the Medical Board of Queensland-- 19
(i) the executive officer of the Office of the Medical 20
Board of Queensland; or 21
(ii) with the agreement of the executive officer of the 22
Office of the Medical Board of 23
Queensland--another member of the staff of the 24
Office of the Medical Board of Queensland; or'. 25
32
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
4 Section 68(2)-- 1
insert-- 2
`Office of the Medical Board of Queensland means the 3
Office of the Medical Board of Queensland established under 4
the Medical Board (Administration) Act 2006.'. 5
Medical Practitioners Registration Act 2001 6
1 Section 4, after `(Administration) Act 1999'-- 7
insert-- 8
`, the Medical Board (Administration) Act 2006'. 9
2 Section 13(2), `Health Practitioner Registration Boards 10
(Administration) Act 1999'-- 11
omit, insert-- 12
`Medical Board (Administration) Act 2006'. 13
3 After section 302-- 14
insert-- 15
`Division 4 Transitional provision for Medical 16
Board (Administration) Act 2006 17
`303 Continuing appointment of inspector 18
`(1) This section applies if, immediately before the 19
commencement, there was in force an appointment by the 20
board of one of the following persons as an inspector under 21
the pre-amended Act-- 22
(a) the executive officer under the Health Practitioner 23
Registration Boards (Administration) Act 1999; 24
33
Medical Board (Administration) Bill 2006
Schedule 1 (continued)
(b) a member of the staff of the office under the Health 1
Practitioner Registration Boards (Administration) Act 2
1999. 3
`(2) Despite section 201(b) and (c), the appointment continues in 4
force. 5
`(3) In this section-- 6
commencement means commencement of this section. 7
pre-amended Act means this Act as in force before the 8
commencement of the Medical Board (Administration) Act 9
2006, section 42 and schedule 1.'. 10
4 Schedule 3, definitions executive officer (first occurring) 11
and service agreement, `Health Practitioner Registration 12
Boards (Administration) Act 1999'-- 13
omit, insert-- 14
`Medical Board (Administration) Act 2006'. 15
5 Schedule 3, definition office-- 16
omit, insert-- 17
`office means the Office of the Medical Board of Queensland 18
established under the Medical Board (Administration) Act 19
2006.'. 20
34
Medical Board (Administration) Bill 2006
Schedule 2 Dictionary 1
section 4 2
administrative and operational support, in relation to the 3
board, includes the following-- 4
(a) maintaining the board's register; 5
(b) collecting moneys payable to the board and managing 6
and disbursing moneys held for the board; 7
(c) providing and maintaining accommodation and 8
equipment for use by the board; 9
(d) providing secretariat services to the board; 10
(e) providing advice to the board about the operation of the 11
legislative scheme; 12
(f) helping the board to meet its statutory financial 13
obligations including, for example, under the Financial 14
Administration and Audit Act 1977; 15
(g) exercising powers conferred on or delegated to the 16
executive officer or staff of the office under the Health 17
Practitioners (Professional Standards) Act 1999, the 18
Medical Practitioners Registration Act 2001 or another 19
Act. 20
board means the Medical Board of Queensland established 21
under the Medical Practitioners Registration Act 2001. 22
commencement, for part 5, see section 34. 23
executive officer means the executive officer of the office. 24
existing service agreement, for the executive officer and 25
board, means the current service agreement between the 26
executive officer and board. 27
health practitioner registration Act means any of the 28
following Acts-- 29
· Chiropractors Registration Act 2001 30
· Dental Practitioners Registration Act 2001 31
35
Medical Board (Administration) Bill 2006
Schedule 2 (continued)
· Dental Technicians and Dental Prosthetists Registration 1
Act 2001 2
· Medical Practitioners Registration Act 2001 3
· Medical Radiation Technologists Registration Act 2001 4
· Occupational Therapists Registration Act 2001 5
· Optometrists Registration Act 2001 6
· Osteopaths Registration Act 2001 7
· Pharmacists Registration Act 2001 8
· Physiotherapists Registration Act 2001 9
· Podiatrists Registration Act 2001 10
· Psychologists Registration Act 2001 11
· Speech Pathologists Registration Act 2001. 12
initial service agreement, for part 5, see section 34. 13
legislative scheme see section 5. 14
office means the Office of the Medical Board of Queensland. 15
OHPRB, for part 5, see section 34. 16
previous agreement, for part 5, see section 34. 17
service agreement means an agreement made under this Act 18
between the executive officer and board for the provision of 19
administrative and operational support by the office to the 20
board. 21
transition period, for part 5, see section 34. 22
© State of Queensland 2006
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