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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MEDICAL PRACTITIONERS
REGISTRATION BILL 2001
Queensland
MEDICAL PRACTITIONERS
REGISTRATION BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 The legislative scheme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5 Board's decisions to accord with decisions of certain bodies under the
Health Practitioners (Professional Standards) Act 1999 . . . . . . . . . . . . . . . . 18
6 Mutual recognition legislation not affected. . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3--Objects
7 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 2--MEDICAL BOARD OF QUEENSLAND
Division 1--Establishment and functions
9 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
10 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 Functions of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12 Board's independence etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
13 Powers of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
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Medical Practitioners Registration Bill 2001
16 Appointed registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
18 Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 26
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
22 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
24 Leave of absence for an appointed member . . . . . . . . . . . . . . . . . . . . . . . . . 28
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 28
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3--Board business
27 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . . 32
Division 7--Annual reports
37 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 8--Other provisions about the board
38 Board is statutory body under the Financial Administration and Audit
Act 1977 ............................................... 34
39 Board is statutory body under the Statutory Bodies Financial Arrangements
Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
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Medical Practitioners Registration Bill 2001
40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 2--Eligibility for general registration
43 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 36
45 Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 38
47 Appointment of appropriately qualified person to conduct health
assessment .......................................... 39
48 Report about health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 4--Decision on applications
51 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 41
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 6--Period of general registration
56 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 7--Conditions of general registration
57 Imposition of internship conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
58 Imposition of supervised practice program conditions . . . . . . . . . . . . . . . . . 45
59 Imposition of other conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
60 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
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Medical Practitioners Registration Bill 2001
Division 3--Provisional general registration
61 Meaning of "authorised person" for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . 47
62 Provisional general registration of a person on internship conditions . . . . . 48
63 Confirmation or cancellation of provisional general registration . . . . . . . . . 49
64 Procedure after cancellation of provisional general registration . . . . . . . . . . 49
65 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 50
66 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
67 Board decides to register provisional general registrant as a general
registrant ............................................. 50
68 Board decides to refuse to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
69 Deemed refusal by board to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
70 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 2--Applications for renewal of general registrations
71 Notification of imminent expiry of registration. . . . . . . . . . . . . . . . . . . . . . . 52
72 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
73 General registration taken to be in force while application is considered. . . 53
Subdivision 3--Decision on applications
74 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
75 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
76 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . . 55
77 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 5--Restoration of general registrations
78 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
79 When an application for restoration of a general registration may be made. 57
80 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
81 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
82 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
83 When recency of practice conditions take effect. . . . . . . . . . . . . . . . . . . . . . 58
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Medical Practitioners Registration Bill 2001
Division 6--Cancellation of general registrations
84 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
85 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
86 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 59
87 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 59
88 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
89 Return of cancelled certificate of general registration to board . . . . . . . . . . 60
Division 7--Reviewing probationary conditions on general registrations
90 Review of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
91 Registrant to give notice of completion of internship, or supervised practice
program, to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
92 Board to give notice to internship nominee or supervisor. . . . . . . . . . . . . . . 61
93 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
94 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
95 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
96 Failure by board to make decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
97 Amending or replacing certificates of general registration . . . . . . . . . . . . . . 64
Division 8--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or District
Court
98 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
99 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
100 Review of conditions during review period. . . . . . . . . . . . . . . . . . . . . . . . . . 66
101 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
102 Application of ss 4750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
103 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
104 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
105 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
106 Failure by board to make decision on application. . . . . . . . . . . . . . . . . . . . . 69
107 Failure by board to make decision on review agreed to under s 100 . . . . . . 69
108 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 70
Subdivision 2--Recording change, or removal, of conditions
109 Amendment of, or replacing, certificates of general registration . . . . . . . . . 70
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Medical Practitioners Registration Bill 2001
Division 9--Specialist registration
Subdivision 1--Applications
110 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 2--Eligibility for specialist registration
111 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Subdivision 3--Inquiries into applications
112 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 73
113 Application of ss 4750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Subdivision 4--Decision on applications
114 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
115 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 75
116 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
117 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Subdivision 5--Information in certificates of specialist registration
118 Form of certificates of specialist registration . . . . . . . . . . . . . . . . . . . . . . . . 78
Subdivision 6--Period of specialist registration
119 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Subdivision 7--Conditions of specialist registration
120 Conditions attaching to general registration applicable to specialist
registration ........................................ 78
121 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
122 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
123 Standard condition of specialist registration of certain persons . . . . . . . . . . 80
Subdivision 8--Application of certain provisions
124 Application of certain provisions to provisional specialist registration and
specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
125 Provisional specialist registration of a person . . . . . . . . . . . . . . . . . . . . . . . . 81
Subdivision 9--Miscellaneous
126 Additional information to be included in show cause notice . . . . . . . . . . . . 82
127 Effect on specialist registration if general registration ceases to have
effect ................................................ 83
128 Effect on specialist registration if conditions on general registration are
changed or removed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
129 Restoration of specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
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Medical Practitioners Registration Bill 2001
130 Decision about recording details of certain conditions in register . . . . . . . . 85
Division 10--Special purpose registrations
Subdivision 1--Eligibility for special purpose registration
131 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
132 Postgraduate study or training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
133 Supervised training to prepare for clinical examination . . . . . . . . . . . . . . . . 86
134 Medical teaching or research. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
135 Practice in area of need . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
136 Study or training to obtain a qualification in a specialty. . . . . . . . . . . . . . . . 87
137 Practice in the public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
138 Practice in general practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Subdivision 2--Applications for special purpose registration
139 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
140 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
141 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
142 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
143 Provisional special purpose registration of a person . . . . . . . . . . . . . . . . . . . 90
Subdivision 3--Renewal of special purpose registrations
144 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
145 Matters that may be considered in deciding applications for renewal of
special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
146 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
147 Period of renewed special purpose registration. . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 4--Cancellation of special purpose registrations
148 Application of div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
149 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 5--Removal of conditions
150 Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 11--General provisions about registrations
151 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 94
152 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
153 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 94
154 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 95
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155 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
156 Notification of certain events to interstate regulatory authorities and other
entities ............................................... 95
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
157 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
158 Taking of restricted specialist title etc. by person . . . . . . . . . . . . . . . . . . . . . 98
159 Using restricted specialist title in relation to other person . . . . . . . . . . . . . . 99
160 Use of title `doctor' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
161 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
162 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 100
163 Restrictions on certain registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
164 Restrictions on provisional registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
165 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 103
Division 2--Notification of business names and other details
166 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
167 Notification of change in business names etc.. . . . . . . . . . . . . . . . . . . . . . . . 104
Division 3--Advertising
168 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
169 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 4--Registrants' autonomy
170 Aiding, abetting etc. conduct that is a ground for disciplinary action. . . . . . 105
Division 5--Court orders and injunctions
171 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 106
172 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 6--Reprisals
173 Reprisal and grounds for reprisals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
174 Offence for taking reprisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
175 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 7--Other provisions
176 Protection for registrants providing information about crimes to police
officers ................................................ 110
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Medical Practitioners Registration Bill 2001
177 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . . 110
PART 5--INTERN TRAINING PROGRAMS AND INTERN
TRAINING SECONDMENT PROGRAMS
Division 1--Preliminary
178 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 2--Accreditation of a program
179 Application for accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
180 Criteria for applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
181 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
182 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
183 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
184 Accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
185 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 3--Renewal of accreditation
186 Applications for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
187 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
188 Accreditation taken to be in force while application is considered. . . . . . . . 114
189 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Division 4--Cancellation of accreditation
190 Ground for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
191 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
192 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 116
193 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 116
194 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
195 Return of accreditation certificate to board . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 5--General provisions about accreditation
196 Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
197 Replacement of accreditation certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
PART 6--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
198 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
199 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
200 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
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Division 2--Appointment of inspectors and other matters
201 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
202 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
203 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
204 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
205 Production or display of inspector's identity card. . . . . . . . . . . . . . . . . . . . . 120
Division 3--Powers of inspectors
Subdivision 1--Entry of places
206 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Subdivision 2--Procedure for entry
207 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
208 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
209 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
210 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
211 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Subdivision 3--Powers after entry
212 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
213 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
214 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Subdivision 4--Power to seize evidence
215 Seizing evidence at a place that may be entered without consent or
warrant ........................................... 126
216 Seizing evidence at a place that may only be entered with consent or
warrant ................................................ 126
217 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
218 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
219 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
220 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
221 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
222 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
223 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
224 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
225 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
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Subdivision 5--Power to obtain information
226 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
227 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
228 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 132
229 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
230 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 4--General enforcement matters
231 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
232 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
233 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
234 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
235 Obstructing inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
236 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
PART 7--APPEALS
237 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
238 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
239 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
240 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
241 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
PART 8--LEGAL PROCEEDINGS
Division 1--Evidence
242 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
243 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
244 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
245 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Division 2--Proceedings
246 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
247 Proceedings for indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
248 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 140
249 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 140
250 Allegations of false or misleading information or documents . . . . . . . . . . . 141
251 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
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252 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 141
253 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 142
PART 9--REGISTER, RECORDS AND INFORMATION
Division 1--Register
254 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
255 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 2--Records to be kept
256 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Division 3--Information
257 Confidentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
258 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 146
PART 10--MISCELLANEOUS
Division 1--Abandoned, and other, health records
259 Definitions for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
260 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 146
261 Health records forming part of deceased estate. . . . . . . . . . . . . . . . . . . . . . . 147
262 Health records of persons convicted of an offence against s 157(1) or (6),
158 or 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
263 Dealing with certain health records seized under s 215 or 216. . . . . . . . . . . 148
264 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
265 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 2--Continuing professional education of registrants
266 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . 149
Division 3--Declared events
267 Definitions for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
268 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
269 Deemed general or specialist registration of visiting practitioners . . . . . . . . 150
Division 4--Other provisions
270 Provision of certain professional services by interstate practitioners . . . . . . 151
271 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
272 Protection for persons supervising registrants undertaking prescribed
internship or supervised practice program . . . . . . . . . . . . . . . . . . . . . . . . . . 152
273 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 153
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274 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 153
275 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
276 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
277 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
278 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
PART 11--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
279 Repeal of Medical Act 1939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 2--Transitional provisions
280 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
281 Saving of certain orders made under repealed Act . . . . . . . . . . . . . . . . . . . . 155
282 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 156
283 Board is the legal successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
284 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
285 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
286 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
287 Dealing with matter under Health Practitioners (Professional Standards)
Act 1999 .............................................. 157
288 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
289 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
290 Chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
291 Deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
292 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
293 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
294 Removal of conditions imposed under repealed Act . . . . . . . . . . . . . . . . . . . 162
295 Existing applications for certain column 1 registrations . . . . . . . . . . . . . . . . 162
296 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
297 Continuation of approvals for intern training . . . . . . . . . . . . . . . . . . . . . . . . 163
298 Unmet area of need . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
299 Sections 166 and 169 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 164
300 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
301 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
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PART 12--CONSEQUENTIAL AMENDMENTS OF ACTS
302 Amendment of Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 166
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 170
CONSEQUENTIAL AMENDMENTS OF ACTS
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
ADOPTION OF CHILDREN ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
AMBULANCE SERVICE ACT 1991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000 . . . 171
CORONERS ACT 1958
CRIMINAL LAW AMENDMENT ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . 171
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 172
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 .............................................. 173
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 174
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
INDY CAR GRAND PRIX ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
LAW REFORM ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 . 175
MENTAL HEALTH ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
MENTAL HEALTH ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
PARLIAMENTARY CONTRIBUTORY SUPERANNUATION
ACT 1970 ........................................... 176
PETROLEUM ACT 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES
ACT 1962 .......................................... 177
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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION
ACT 1971 .............................................. 177
TRANSPLANTATION AND ANATOMY ACT 1979 . . . . . . . . . . . . . . . . . 177
VETERINARY SURGEONS ACT 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
WORKCOVER QUEENSLAND ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . 179
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 180
DICTIONARY
2001
A BILL
FOR
An Act to provide for the registration of medical practitioners, and for
other purposes
s1 18 s5
Medical Practitioners Registration Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Medical Practitioners Registration 5
Act 2001. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Division 2--Operation of Act 9
3 Act binds all persons 10
(1) This Act binds all persons, including the State. 11
(2) Nothing in this Act makes the State liable to be prosecuted for an 12
offence. 13
4 The legislative scheme 14
This Act is part of a legislative scheme (the "legislative scheme") 15
consisting of the health practitioner registration Acts, the Health 16
Practitioner Registration Boards (Administration) Act 1999 and the Health 17
Practitioners (Professional Standards) Act 1999. 18
5 Board's decisions to accord with decisions of certain bodies under 19
the Health Practitioners (Professional Standards) Act 1999 20
(1) This section applies if the board is making-- 21
(a) a decision on an application for registration; or 22
s6 19 s8
Medical Practitioners Registration Bill 2001
(b) a decision, under this Act, affecting a registrant's registration. 1
(2) The decision must comply with, and be consistent with, any decision 2
of the board, a disciplinary committee, a professional conduct review 3
panel, the Health Practitioners Tribunal or the Court of Appeal, affecting 4
the applicant or registration, under the Health Practitioners (Professional 5
Standards) Act 1999. 6
6 Mutual recognition legislation not affected 7
This Act does not affect the operation of the Mutual Recognition 8
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 9
(Queensland) Act 1999. 10
Division 3--Objects 11
7 Objects of Act 12
(1) The objects of this Act are-- 13
(a) to protect the public by ensuring health care is delivered by 14
registrants in a professional, safe and competent way; and 15
(b) to uphold the standards of practice within the profession; and 16
(c) to maintain public confidence in the profession. 17
(2) The objects are to be achieved mainly by-- 18
(a) establishing the Medical Board of Queensland; and 19
(b) providing for the registration of persons under this Act; and 20
(c) imposing obligations on persons in relation to the practice of the 21
profession; and 22
(d) providing for compliance with this Act to be monitored and 23
enforced. 24
Division 4--Interpretation 25
8 Definitions 26
The dictionary in schedule 3 defines particular words used in this Act. 27
s9 20 s 11
Medical Practitioners Registration Bill 2001
PART 2--MEDICAL BOARD OF QUEENSLAND 1
Division 1--Establishment and functions 2
9 Establishment of board 3
(1) The Medical Board of Queensland is established. 4
(2) The board-- 5
(a) is a body corporate; and 6
(b) has a common seal; and 7
(c) may sue and be sued in its corporate name. 8
10 Board's relationship with the State 9
The board does not represent the State. 10
11 Functions of board 11
The board has the following functions-- 12
(a) to assess applications for registration; 13
(b) to register persons who satisfy the requirements for registration; 14
(c) to monitor, and assess, whether registrants comply with any 15
conditions of registration; 16
(d) to keep a register of, and records relating to, registrants; 17
(e) to promote high standards of practice of the profession by 18
registrants; 19
(f) to develop or adopt programs for the continuing professional 20
education of registrants, and encourage their participation in the 21
programs; 22
(g) to develop or adopt training programs in the practice of the 23
profession that are relevant to a person's eligibility for 24
registration; 25
s 11 21 s 11
Medical Practitioners Registration Bill 2001
1
Example of `training programs'--
2
Refresher courses for persons who have not practised the profession for a
3
number of years.
(h) to accredit intern training programs and intern training 4
secondment programs; 5
(i) to confer and cooperate with interstate regulatory authorities; 6
(j) to confer and cooperate with entities engaged in the development 7
of national policies about the regulation of the profession; 8
(k) to confer and cooperate with the following entities about the 9
education of persons in the practice of the profession-- 10
(i) educational institutions; 11
(ii) entities responsible for accrediting courses, or accrediting 12
institutions to educate persons, for the profession; 13
(l) to inform registrants and the public about the operation of the 14
legislative scheme in its application to the profession; 15
(m) to examine, and advise the Minister about, the operation of the 16
legislative scheme in its application to the profession; 17
(n) to monitor, and enforce, compliance with this Act; 18
(o) to undertake research, relevant to the legislative scheme, into the 19
regulation of the profession; 20
(p) to collect, and give to persons, information about the practice of 21
the profession by registrants; 22
23
Example of `information about the practice of the profession by registrants'--
24
The languages, other than English, spoken by registrants.
(q) to perform other functions given to the board under this or 25
another Act. 26
27
Example for paragraph (q)--
28
Under the Health Practitioners (Professional Standards) Act 1999,
29
section 374, the board may develop codes of practice, or adopt another
30
entity's code of practice, to provide guidance to registrants as to
31
appropriate professional conduct or practice.
s 12 22 s 14
Medical Practitioners Registration Bill 2001
12 Board's independence etc. 1
In performing its functions, the board is to act independently, impartially 2
and in the public interest. 3
13 Powers of board 4
(1) The board has all the powers of an individual, and may, for 5
example-- 6
(a) enter into contracts; and 7
(b) enter into service agreements; and 8
(c) acquire, hold, dispose of, and deal with, property; and 9
(d) appoint agents and attorneys; and 10
(e) engage consultants; and 11
(f) fix charges, and other terms, for services and other facilities it 12
supplies; and 13
(g) do anything else necessary or convenient to be done for, or in 14
connection with, its functions. 15
(2) This section does not authorise the board to obtain administrative and 16
operational support other than as required by the Health Practitioner 17
Registration Boards (Administration) Act 1999. 18
(3) Without limiting subsection (1), the board has the powers given to it 19
under this or another Act. 20
(4) The board may exercise its powers inside or outside Queensland. 21
(5) Without limiting subsection (4), the board may exercise its powers 22
outside Australia. 23
14 Delegation by board 24
(1) The board may delegate its powers under this Act to-- 25
(a) a member; or 26
(b) a committee of the board consisting of appropriately qualified 27
persons, 1 of whom must be a member; or 28
(c) the executive officer; or 29
s 15 23 s 15
Medical Practitioners Registration Bill 2001
(d) with the agreement of the executive officer--an appropriately 1
qualified member of the office's staff. 2
(2) However, the board may not delegate its power under this Act-- 3
(a) to decide to register, or refuse to register, an applicant for 4
registration; or 5
(b) to decide to refuse to renew a renewable registration; or 6
(c) to decide to refuse to restore a renewable registration; or 7
(d) to decide to cancel a registration; or 8
(e) to decide to impose, or remove, conditions on a registration; or 9
(f) to enter into a service agreement. 10
(3) In this section-- 11
"appropriately qualified" includes having the qualifications, experience 12
or standing appropriate to exercise the power. 13
14
Example of `standing' for a member of the office's staff--
15
The staff member's classification level in the office.
Division 2--Membership 16
15 Membership of board 17
(1) The board consists of-- 18
(a) the chief health officer; and 19
(b) at least 6, but not more than 10, persons (the "appointed 20
members") appointed by the Governor in Council. 21
(2) The appointed members must include-- 22
(a) persons who are registrants (the "appointed registrant 23
members"); and 24
(b) persons (the "public members") having an interest in, and 25
knowledge of, consumer health issues who are not, and have not 26
been-- 27
(i) registered under a health practitioner registration Act or an 28
earlier corresponding Act; or 29
s 16 24 s 17
Medical Practitioners Registration Bill 2001
(ii) registered or enrolled under the Nursing Act 1992 or an 1
earlier corresponding Act; or 2
(iii) registered or enrolled under a law applying, or that applied, 3
in another State or foreign country that provides, or 4
provided, for the same matter as a health practitioner 5
registration Act or the Nursing Act 1992 or a provision of 6
the Act; and 7
(c) 1 lawyer nominated by the Minister. 8
(3) Also, the Minister may nominate persons who do not belong to the 9
categories of persons mentioned in subsection (2) to be appointed 10
members. 11
(4) A majority of the members must be registrant members. 12
(5) In this section-- 13
"earlier corresponding Act", in relation to a health practitioner 14
registration Act, means an earlier Act that provided for the same 15
matter as the health practitioner registration Act or a provision of the 16
health practitioner registration Act. 17
"earlier corresponding Act", in relation to the Nursing Act 1992, means 18
an earlier Act that provided for the same matter as the Nursing Act 19
1992 or a provision of the Nursing Act 1992. 20
16 Appointed registrant members 21
(1) The appointed registrant members must consist of-- 22
(a) at least 2 registrants nominated by the bodies the Minister 23
considers represent the interests of registrants; and 24
(b) 1 registrant nominated by the governing bodies of educational 25
institutions, established in the State, chosen by the Minister. 26
(2) Also, the appointed registrant members may include registrants 27
nominated by the Minister. 28
17 Public members 29
The public members must consist of-- 30
s 18 25 s 18
Medical Practitioners Registration Bill 2001
(a) at least 1 person nominated by community groups and other 1
entities the Minister considers have an interest in consumer 2
health issues; and 3
(b) at least 1 other person nominated by the Minister. 4
18 Certain nominee board members 5
(1) This section applies for the nomination of a person or persons for a 6
position or positions on the board under section 16(1)(a) or (b) or 17(a). 7
(2) The Minister must give the entities who may make the nomination 8
notice stating a reasonable period within which they may nominate the 9
person or persons for the position or positions. 10
(3) The Minister may in the notice ask the entities to nominate more than 11
the required number of persons for the position or positions. 12
(4) Subject to subsections (5) and (6), if the entities nominate more than 13
the required number of persons for the position or positions-- 14
(a) the Minister must choose the nominee or nominees for the 15
position or positions from the nominations; and 16
(b) the person or persons chosen are taken to be the nominee or 17
nominees, under the relevant provision mentioned in 18
subsection (1), for the position or positions. 19
(5) Subsection (6) applies if-- 20
(a) the entities do not nominate a person or persons for the position 21
or positions within the period stated in the notice; or 22
(b) the entities nominate a number of persons for the position or 23
positions that is less than the number requested by the Minister 24
under subsection (3); or 25
(c) the person or any of the persons nominated by the entities are not 26
eligible to be appointed to the position or positions concerned. 27
(6) The Minister must nominate a person or persons eligible to be 28
appointed to the position or positions and the nomination or nominations 29
are taken to have been made by the entities. 30
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 31
nomination under subsection (6) may be of, or include, a person or persons 32
nominated by the entities. 33
s 19 26 s 21
Medical Practitioners Registration Bill 2001
19 Chairperson and deputy chairperson of board 1
(1) The Governor in Council is to appoint a registrant member to be the 2
chairperson, and another registrant member to be the deputy chairperson, 3
of the board. 4
(2) A person may be appointed as the chairperson or deputy chairperson 5
at the same time the person is appointed as a member. 6
(3) The chairperson or deputy chairperson holds office for the term 7
decided by the Governor in Council, unless the person's term of office as a 8
member ends sooner than the person's term of office as chairperson or 9
deputy chairperson. 10
(4) A vacancy occurs in the office of chairperson or deputy chairperson 11
if the person holding the office resigns the office by signed notice of 12
resignation given to the Minister or ceases to be a registrant member. 13
(5) However, a person resigning the office of chairperson or deputy 14
chairperson may continue to be a member. 15
(6) The deputy chairperson is to act as chairperson-- 16
(a) during a vacancy in the office of chairperson; and 17
(b) during all periods when the chairperson is absent from duty or, 18
for another reason, can not perform the functions of the office. 19
20 Term of appointment 20
An appointed member is to be appointed for a term of not more than 21
4 years. 22
21 Disqualification from membership 23
(1) A person can not become, or continue as, an appointed member if the 24
person-- 25
(a) is affected by bankruptcy action; or 26
(b) is, or has been, convicted of an indictable offence; or 27
(c) is, or has been, convicted of an offence against this Act. 28
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 29
person-- 30
(a) is bankrupt; or 31
s 22 27 s 23
Medical Practitioners Registration Bill 2001
(b) has compounded with creditors; or 1
(c) as a debtor, has otherwise taken, or applied to take, advantage of 2
any law about bankruptcy. 3
22 Vacation of office 4
(1) An appointed member is taken to have vacated office if the 5
member-- 6
(a) resigns his or her position on the board by signed notice of 7
resignation given to the Minister; or 8
(b) can not continue as a member under section 21; or 9
(c) is absent without the board's permission from 3 consecutive 10
meetings of the board of which due notice has been given. 11
(2) Also, an appointed member is taken to have vacated office in any of 12
the following circumstances-- 13
(a) if the member is an appointed registrant member--the member 14
stops being a registrant; 15
(b) if the member is a public member--the member stops being a 16
person mentioned in section 15(2)(b); 17
(c) if the member was nominated, for membership of the board, 18
under section 15(2)(c)--the member stops being a lawyer. 19
(3) In this section-- 20
"meeting" means the following-- 21
(a) if the member does not attend--a meeting with a quorum 22
present; 23
(b) if the member attends--a meeting with or without a quorum 24
present. 25
23 When notice of resignation takes effect 26
A notice of resignation under section 19(4) or 22(1)(a) takes effect when 27
the notice is given to the Minister or, if a later time is stated in the notice, 28
the later time. 29
s 24 28 s 27
Medical Practitioners Registration Bill 2001
24 Leave of absence for an appointed member 1
(1) The Minister may approve a leave of absence for an appointed 2
member (the "approved absent member") of more than 3 months. 3
(2) The Minister may appoint another person to act in the office of the 4
approved absent member while the member is absent on the approved 5
leave. 6
(3) A person appointed under subsection (2) must belong to the same 7
category of persons mentioned in section 15(2) or (3) to which the 8
approved absent member belongs. 9
(4) If the approved absent member is the deputy chairperson, the 10
Minister may appoint another registrant member to act in the deputy 11
chairperson's office while the deputy chairperson is absent on the approved 12
leave. 13
25 Effect of vacancy in membership of board 14
(1) Subsection (2) applies despite sections 15 to 17.1 15
(2) The performance of a function, or exercise of a power, by the board 16
is not affected merely because of a vacancy in the membership of the 17
board. 18
26 Remuneration of members 19
A member is entitled to be paid the fees and allowances decided by the 20
Governor in Council. 21
Division 3--Board business 22
27 Conduct of business 23
Subject to this division, the board may conduct its business, including its 24
meetings, in the way it considers appropriate. 25
1 Sections 15 (Membership of board), 16 (Appointed registrant members) and
17 (Public members)
s 28 29 s 31
Medical Practitioners Registration Bill 2001
28 Times and places of meetings 1
(1) Board meetings are to be held at the times and places the chairperson 2
decides. 3
(2) However, the chairperson must call a meeting if asked, in writing, to 4
do so by the Minister or at least the number of members forming a quorum 5
for the board. 6
29 Quorum 7
A quorum for the board is the number equal to one-half of the number of 8
its members or, if one-half is not a whole number, the next highest whole 9
number. 10
30 Presiding at meetings 11
(1) The chairperson is to preside at all meetings of the board at which the 12
chairperson is present. 13
(2) If the chairperson is absent from a board meeting, but the deputy 14
chairperson is present, the deputy chairperson is to preside. 15
(3) If the chairperson and deputy chairperson are both absent from a 16
board meeting or the offices are vacant, a registrant member chosen by the 17
members present is to preside. 18
31 Conduct of meetings 19
(1) A question at a board meeting is decided by a majority of the votes of 20
the members present. 21
(2) Each member present at the meeting has a vote on each question to 22
be decided and, if the votes are equal, the member presiding also has a 23
casting vote. 24
(3) A member present at the meeting who abstains from voting is taken 25
to have voted for the negative. 26
(4) The board may hold meetings, or allow members to take part in its 27
meetings, by using any technology allowing reasonably contemporaneous 28
and continuous communication between members taking part in the 29
meeting. 30
s 32 30 s 33
Medical Practitioners Registration Bill 2001
1
Example of `technology allowing reasonably contemporaneous and continuous
2
communication'--
3
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 4
taken to be present at the meeting. 5
(6) A resolution is validly made by the board, even if it is not passed at a 6
board meeting, if-- 7
(a) a majority of the board members gives written agreement to the 8
resolution; and 9
(b) notice of the resolution is given under procedures approved by 10
the board. 11
32 Minutes 12
(1) The board must keep-- 13
(a) minutes of its meetings; and 14
(b) a record of any resolutions made under section 31(6). 15
(2) Subsection (3) applies if a resolution is passed at a board meeting by 16
a majority of the members present. 17
(3) If asked by a member who voted against the passing of the 18
resolution, the board must record in the minutes of the meeting that the 19
member voted against the resolution. 20
Division 4--Board committees 21
33 Committees 22
(1) The board may establish committees of the board for effectively and 23
efficiently performing its functions. 24
(2) A committee may include a person who is not a member of the 25
board. 26
(3) The board is to decide the terms of reference of a committee. 27
(4) The functions of a committee are to-- 28
s 34 31 s 35
Medical Practitioners Registration Bill 2001
(a) advise and make recommendations to the board about matters, 1
within the scope of the board's functions, referred by the board to 2
the committee; and 3
(b) exercise powers delegated to it by the board.2 4
(5) A committee must keep a record of the decisions it makes when 5
exercising a power delegated to it by the board. 6
(6) The board may decide matters about a committee that are not 7
provided for under this Act, including, for example, the way a committee 8
must conduct meetings. 9
34 Remuneration of committee members 10
A committee member is entitled to be paid the fees and allowances 11
decided by the Governor in Council. 12
Division 5--Disclosure of interests by board members and committee 13
members 14
35 Disclosure of interests 15
(1) This section applies to a board or committee member (the 16
"interested person") if-- 17
(a) the interested person has a direct or indirect interest in an issue 18
being considered, or about to be considered, by the board or 19
committee; and 20
(b) the interest could conflict with the proper performance of the 21
person's duties about the consideration of the issue. 22
(2) As soon as practicable after the relevant facts come to the interested 23
person's knowledge, the person must disclose the nature of the interest to a 24
board or committee meeting. 25
(3) Unless the board or committee otherwise directs, the interested 26
person must not-- 27
(a) be present when the board or committee considers the issue; or 28
(b) take part in a decision of the board or committee about the issue. 29
2 See section 14 for the board's power of delegation.
s 36 32 s 36
Medical Practitioners Registration Bill 2001
(4) The interested person must not be present when the board or 1
committee is considering whether to give a direction under subsection (3). 2
(5) If there is another person who must, under subsection (2), also 3
disclose an interest in the issue, the other person must not-- 4
(a) be present when the board or committee is considering whether 5
to give a direction under subsection (3) about the interested 6
person; or 7
(b) take part in making the decision about giving the direction. 8
(6) If-- 9
(a) because of this section, a board or committee member is not 10
present at a board or committee meeting for considering or 11
deciding an issue, or for considering or deciding whether to give 12
a direction under subsection (3); and 13
(b) there would be a quorum if the member were present; 14
the remaining persons present are a quorum of the board or committee for 15
considering or deciding the issue, or for considering or deciding whether to 16
give the direction, at the meeting. 17
(7) A disclosure under subsection (2) must be recorded in the board's or 18
committee's minutes. 19
(8) If the interested person is a registrant member, the person does not 20
have a direct or indirect interest in an issue if the interest arises merely 21
because the person is a registrant. 22
Division 6--Directions by Minister 23
36 Minister's power to give directions in the public interest 24
(1) The Minister may give the board a written direction about a matter 25
relevant to the performance of its functions under this Act if the Minister is 26
satisfied it is necessary to give the direction in the public interest. 27
(2) Without limiting subsection (1), the direction may be to-- 28
(a) give reports and information; or 29
(b) apply to the board a policy, standard or other instrument applying 30
to a public sector unit. 31
(3) The direction can not be about-- 32
s 37 33 s 37
Medical Practitioners Registration Bill 2001
(a) the registering of, or refusal to register, an applicant for 1
registration; or 2
(b) the renewing of, or refusal to renew, a renewable registration; or 3
(c) the restoring of, or refusal to restore, a renewable registration; or 4
(d) the cancelling of a registration; or 5
(e) the imposing, or removal, of conditions on a registration. 6
(4) Despite section 12,3 the board must comply with the direction. 7
Division 7--Annual reports 8
37 Matters to be included in annual report 9
(1) The board's annual report under the Financial Administration and 10
Audit Act 1977 for a financial year must include the following-- 11
(a) copies of all ministerial directions given to the board under 12
section 36 during the financial year; 13
(b) the number of registrants at the end of the financial year; 14
(c) details of the amount of the board's funds spent, in the financial 15
year, on investigations and inspections under part 6;4 16
(d) details of the amount of the board's funds spent, in the financial 17
year, on developing or adopting training programs in the practice 18
of the profession that are relevant to a person's eligibility for 19
registration; 20
(e) details of the amount of the board's funds spent in the financial 21
year on research, relevant to the legislative scheme, into the 22
regulation of the profession; 23
(f) details of the amount of the board's funds spent, in the financial 24
year, on accrediting intern training programs and intern training 25
secondment programs; 26
(g) details of any policies or programs developed, or initiatives 27
taken, by the board in the financial year for the general benefit of 28
users of registrants' services. 29
3 Section 12 (Board's independence etc.)
4 Part 6 (Investigation and enforcement)
s 38 34 s 41
Medical Practitioners Registration Bill 2001
(2) However, the board must exclude from the copies mentioned in 1
subsection (1)(a) all information likely to identify a person mentioned in 2
the direction. 3
Division 8--Other provisions about the board 4
38 Board is statutory body under the Financial Administration and 5
Audit Act 1977 6
The board is a statutory body under the Financial Administration and 7
Audit Act 1977. 8
39 Board is statutory body under the Statutory Bodies Financial 9
Arrangements Act 1982 10
(1) The board is a statutory body under the Statutory Bodies Financial 11
Arrangements Act 1982. 12
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 13
sets out the way in which the board's powers under this Act are affected by 14
the Statutory Bodies Financial Arrangements Act 1982. 15
40 Board's common seal 16
The board's common seal is to be kept in the custody of a person 17
nominated by the board and may be used only as authorised by the board. 18
PART 3--REGISTRATION 19
Division 1--Preliminary 20
41 Who may apply for registration 21
Only an individual may apply for registration. 22
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 42 35 s 43
Medical Practitioners Registration Bill 2001
Division 2--Applications for general registration 1
Subdivision 1--Applications 2
42 Procedural requirements for applications 3
(1) An application for general registration must-- 4
(a) be made to the board; and 5
(b) be in the approved form; and 6
(c) be accompanied by-- 7
(i) satisfactory evidence of relevant qualifications; and 8
(ii) the application fee prescribed under a regulation (the 9
"application fee"); and 10
(iii) the registration fee prescribed under a regulation (the 11
"registration fee"); and 12
(iv) any other documents, identified in the approved form, the 13
board reasonably requires; and 14
(v) if the applicant is registered under a corresponding law, 15
written details of any conditions of the registration. 16
(2) Information in the application must, if the approved form requires, be 17
verified by a statutory declaration. 18
Subdivision 2--Eligibility for general registration 19
43 Eligibility 20
(1) An applicant for general registration is eligible for general 21
registration if-- 22
(a) the applicant is qualified for general registration under 23
section 44; and 24
(b) the applicant is fit to practise the profession. 25
s 44 36 s 45
Medical Practitioners Registration Bill 2001
(2) Without limiting subsection (1), the board may be satisfied the 1
applicant is eligible for general registration by imposing conditions on the 2
registration under section 59.6 3
(3) Also, sections 57 and 587 state when a registrant's general 4
registration must be subject to probationary conditions. 5
44 When applicant is qualified for general registration 6
An applicant for general registration is qualified for general registration 7
if-- 8
(a) the applicant has successfully completed a medical course 9
accredited by the Australian Medical Council; or 10
(b) the applicant has passed the examination set by the Australian 11
Medical Council for the purpose of qualifying persons for 12
general registration. 13
45 Fitness to practise the profession 14
(1) In deciding whether an applicant for general registration is fit to 15
practise the profession, the board may have regard to the following-- 16
(a) the applicant's mental and physical health; 17
(b) the applicant's command of the English language; 18
(c) whether the applicant has been convicted of an indictable 19
offence; 20
(d) whether the applicant has been convicted of an offence against 21
the repealed Act, this Act, the Health Practitioners (Professional 22
Standards) Act 1999 or a corresponding law; 23
(e) whether the applicant has been convicted of an offence, relating 24
to the practice of the profession, against a law applying, or that 25
applied, in the State, the Commonwealth, another State or a 26
foreign country (other than laws mentioned in paragraph (d)), 27
including, for example an offence of that type against-- 28
(i) the Health Act 1937; or 29
6 Section 59 (Imposition of other conditions by board)
7 Sections 57 (Imposition of internship conditions) and 58 (Imposition of supervised
practice program conditions)
s 45 37 s 45
Medical Practitioners Registration Bill 2001
(ii) the Fair Trading Act 1989; 1
(f) if the applicant has been registered under this Act or the repealed 2
Act or is, or has been, registered under a corresponding law and 3
the registration was affected-- 4
(i) by the imposition of a condition--the nature of the 5
condition and the reason for its imposition; or 6
(ii) by its suspension or cancellation--the reason for its 7
suspension or cancellation; or 8
(iii) in another way--the way it was affected and the reason for 9
it being affected; 10
(g) if the applicant has successfully completed a medical course 11
mentioned in section 44(a), or passed the examination mentioned 12
in section 44(b), on a day (the "qualification day") that is more 13
than 3 years before the date of application, the nature, extent and 14
period of any practice of the profession by the applicant since the 15
qualification day; 16
(h) any other issue relevant to the applicant's ability to competently 17
and safely practise the profession. 18
(2) In subsection (1)(c), (d) or (e), mention of a conviction does not 19
include a conviction that is not part of the applicant's criminal history. 20
(3) The board may ask the commissioner of the police service for a 21
written report about an applicant's criminal history. 22
(4) If asked by the board, the commissioner of the police service must 23
give the board a written report about the criminal history of the applicant, 24
including the criminal history in the commissioner's possession or to 25
which the commissioner has access. 26
(5) In this section-- 27
"criminal history", of an applicant, means the applicant's criminal history 28
as defined under the Criminal Law (Rehabilitation of Offenders) Act 29
1986, other than convictions for which the rehabilitation period has 30
expired, and not been revived, under that Act. 31
s 46 38 s 46
Medical Practitioners Registration Bill 2001
Subdivision 3--Inquiries into applications 1
46 Board's powers before deciding applications 2
(1) Before deciding the application, the board-- 3
(a) may investigate the applicant; and 4
(b) may, by notice given to the applicant, require the applicant to 5
give the board, within a reasonable time of at least 30 days stated 6
in the notice, further information or a document the board 7
reasonably requires to decide the application; and 8
(c) may, by notice given to the applicant, require the applicant to 9
undergo a written, oral or practical examination within a 10
reasonable time of at least 30 days stated in the notice, and at a 11
reasonable place; and 12
(d) may, by notice given to the applicant, require the applicant to 13
undergo a health assessment within a reasonable time of at least 14
30 days stated in the notice, and at a reasonable place. 15
(2) The board may require the information or document mentioned in 16
subsection (1)(b) to be verified by a statutory declaration. 17
(3) The purpose of an examination under subsection (1)(c) must be to 18
assess the applicant's ability to competently and safely practise the 19
profession. 20
(4) The purpose of an assessment under subsection (1)(d) must be to 21
assess the applicant's mental and physical capacity to competently and 22
safely practise the profession. 23
(5) The applicant is taken to have withdrawn the application if, within 24
the stated time, the applicant-- 25
(a) does not comply with a requirement under subsection (1)(b); or 26
(b) does not undergo an examination under subsection (1)(c); or 27
(c) does not undergo an assessment under subsection (1)(d). 28
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 29
applicant within 60 days after the board receives the application. 30
(7) Also, a notice under subsection (1)(d) must state-- 31
(a) the reason for the assessment; and 32
s 47 39 s 48
Medical Practitioners Registration Bill 2001
(b) the name and qualifications of the person appointed by the board 1
to conduct the assessment; and 2
(c) the place where, and the day and time at which, the assessment is 3
to be conducted. 4
47 Appointment of appropriately qualified person to conduct health 5
assessment 6
(1) This section applies if the board believes it is necessary for the 7
applicant to undergo a health assessment under section 46(1)(d). 8
(2) The board may appoint 1 or more appropriately qualified persons to 9
conduct the assessment, in whole or part. 10
(3) At least 1 of the persons appointed to conduct the assessment must be 11
a medical practitioner. 12
(4) Before appointing a person to conduct a health assessment, the board 13
must be satisfied the person does not have a personal or professional 14
connection with the applicant that may prejudice the way in which the 15
person conducts the assessment. 16
(5) In this section-- 17
"appropriately qualified", for a medical practitioner or other person 18
conducting a health assessment, includes having the qualifications, 19
experience, skills or knowledge appropriate to conduct the 20
assessment. 21
48 Report about health assessment 22
(1) A person appointed under section 47 to conduct all or part of a health 23
assessment of the applicant must prepare a report about the assessment (an 24
"assessment report"). 25
(2) The assessment report must include-- 26
(a) the person's findings as to the applicant's mental and physical 27
capacity to competently and safely practise the profession; and 28
(b) if the person finds the applicant does not have the mental and 29
physical capacity to practise the profession, the person's 30
recommendations as to any conditions that could be imposed on 31
the applicant's registration as a general registrant to overcome 32
s 49 40 s 50
Medical Practitioners Registration Bill 2001
the incapacity. 1
(3) The person must give the assessment report to the board. 2
49 Use of assessment report 3
(1) An assessment report is not admissible in any proceedings, other 4
than stated proceedings. 5
(2) A person can not be compelled to produce the report, or to give 6
evidence relating to the report or its contents, in any proceedings, other 7
than stated proceedings. 8
(3) Subsections (1) and (2) do not apply if the report is admitted or 9
produced, or evidence relating to the report or its contents is given, with the 10
consent of the person who prepared the report and the person to whom the 11
report relates. 12
(4) In this section-- 13
"assessment report" includes a copy of the report, or a part of the report 14
or copy. 15
"proceedings under the Health Practitioners (Professional Standards) 16
Act 1999" includes a health assessment of a registrant by a health 17
assessment committee under that Act. 18
"stated proceedings" means-- 19
(a) a review of conditions under division 8;8 or 20
(b) an appeal started under part 7;9 or 21
(c) proceedings under the Health Practitioners (Professional 22
Standards) Act 1999, not including proceedings for an offence 23
against that Act. 24
50 Payment for health assessments and reports 25
A person who conducts a health assessment and prepares an assessment 26
report for the board is entitled to be paid for his or her work by the board. 27
8 Division 8 (Reviewing conditions of general registrations)
9 Part 7 (Appeals)
s 51 41 s 53
Medical Practitioners Registration Bill 2001
Subdivision 4--Decision on applications 1
51 Decision 2
The board must consider the application and decide to register, or refuse 3
to register, the applicant as a general registrant. 4
52 Steps to be taken after application decided 5
(1) If the board decides to register the applicant as a general registrant, it 6
must as soon as practicable issue a certificate of general registration to the 7
applicant. 8
(2) If the board decides to refuse to register the applicant as a general 9
registrant, it must as soon as practicable give the applicant an information 10
notice about the decision. 11
53 Failure to decide applications 12
(1) Subject to subsections (2) and (3), if the board fails to decide the 13
application within 60 days after its receipt, the failure is taken to be a 14
decision by the board to refuse to register the applicant as a general 15
registrant. 16
(2) Subsection (3) applies if the board has-- 17
(a) under section 46(1)(b),10 required the applicant to give the board 18
further information or a document; or 19
(b) under section 46(1)(c), required the applicant to undergo an 20
examination; or 21
(c) under section 46(1)(d), required the applicant to undergo a health 22
assessment. 23
(3) The board is taken to have decided to refuse to register the applicant 24
as a general registrant if it fails to decide the application by the latest of the 25
following days-- 26
(a) the day that is 60 days after the board receives the further 27
information or document; 28
10 Section 46 (Board's powers before deciding applications)
s 54 42 s 54
Medical Practitioners Registration Bill 2001
(b) the day that is 60 days after the board receives the results of the 1
examination; 2
(c) the day that is 60 days after the board receives the assessment 3
report. 4
(4) This section does not apply if the applicant is registered as a 5
provisional general registrant.11 6
(5) This section is subject to section 54. 7
54 Further consideration of applications 8
(1) This section applies if the board considers it needs further time to 9
make a decision on the application because of the complexity of the 10
matters that need to be considered in deciding the application. 11
12
Example of an application for general registration that may require the consideration of
13
complex matters--
14
An application requiring the board to obtain and consider information about the
15
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 16
notice to the applicant that-- 17
(a) because of the complexity of the matters that need to be 18
considered in deciding the application, the board needs further 19
time to decide the application; and 20
(b) the period within which the board must decide the application is 21
extended to a day (the "extended day") that is 60 days after the 22
final consideration day. 23
(3) Also, the applicant and board may at any time before the final 24
consideration day agree in writing on a day (the "agreed extended day") 25
by which the application is to be decided. 26
(4) The board is taken to have decided to refuse to register the applicant 27
as a general registrant if it does not decide the application by-- 28
(a) if subsection (2) applies--the extended day; or 29
(b) if subsection (3) applies--the agreed extended day; or 30
11 If the applicant is registered as a provisional general registrant, section 69 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 55 43 s 55
Medical Practitioners Registration Bill 2001
(c) if both subsections (2) and (3) apply--the later of the extended 1
day or agreed extended day. 2
(5) Subsection (4) does not apply if the applicant is registered as a 3
provisional general registrant.12 4
(6) In this section-- 5
"final consideration day" means the latest of the following days-- 6
(a) the day that is 60 days after receipt of the application; 7
(b) if the board has, under section 46(1)(b), required the applicant to 8
give the board further information or a document--the day that is 9
60 days after the board receives the further information or 10
document; 11
(c) if the board has, under section 46(1)(c), required the applicant to 12
undergo an examination--the day that is 60 days after the board 13
receives the results of the examination; 14
(d) if the board has, under section 46(1)(d), required the applicant to 15
undergo a health assessment--the day that is 60 days after the 16
board receives the assessment report. 17
Subdivision 5--Information in certificates of general registration 18
55 Forms of certificates of general registration 19
(1) A certificate of general registration must be in the approved form. 20
(2) The approved form must provide for the inclusion of the following-- 21
(a) the registrant's name; 22
(b) the period of the registration; 23
(c) any conditions of registration, including, for example, 24
probationary conditions. 25
12 If the applicant is registered as a provisional general registrant, section 69 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 56 44 s 57
Medical Practitioners Registration Bill 2001
Subdivision 6--Period of general registration 1
56 Period 2
(1) The period of registration that is to apply to general registrants is the 3
period (the "general registration period"), not more than 3 years, 4
prescribed under a regulation. 5
(2) If the board decides to register an applicant for general registration as 6
a general registrant during a general registration period, the registration 7
remains in force for the period-- 8
(a) commencing on the day when the board makes the decision; and 9
(b) ending on the last day of the general registration period. 10
Subdivision 7--Conditions of general registration 11
57 Imposition of internship conditions 12
(1) This section applies if-- 13
(a) the board decides to register an applicant for general registration 14
who has successfully completed a medical course stated in 15
section 44(a) as a general registrant; and 16
(b) the applicant has not started or, to the board's satisfaction, 17
completed-- 18
(i) the internship, for the profession, that is prescribed under a 19
regulation (the "prescribed internship"); or 20
(ii) an internship, for the profession, that is substantially 21
equivalent to the prescribed internship. 22
(2) In making its decision under subsection (1)(b)(ii), the board may 23
have regard to the following-- 24
(a) the duration of any internship undertaken by the applicant; 25
(b) the nature and extent of the experience gained, and training 26
undertaken, during the internship. 27
(3) The board must impose the following conditions on the 28
registration-- 29
(a) if the registrant has not started an internship for the profession-- 30
s 58 45 s 58
Medical Practitioners Registration Bill 2001
(i) that the registrant may practise the profession only in 1
accordance with the prescribed internship; and 2
(ii) that the registrant must complete the prescribed internship, 3
to the board's satisfaction, within the period prescribed 4
under a regulation; 5
(b) if the registrant has started an internship for the profession-- 6
(i) that the registrant may practise the profession only in 7
accordance with the part of the prescribed internship 8
decided by the board for the registrant; and 9
(ii) that the registrant must complete the part of the prescribed 10
internship, to the board's satisfaction, within the period 11
decided by the board. 12
(4) In deciding the part of the prescribed internship to be completed, and 13
the period within which it must be completed, the board may have regard to 14
the following-- 15
(a) the nature, extent and recency of the experience gained, and 16
training undertaken, in the practice of the profession by the 17
applicant during the partially completed internship; 18
(b) any reports from persons who have supervised the applicant in 19
the practice of the profession. 20
(5) The board must as soon as practicable give the applicant an 21
information notice about the internship conditions imposed under 22
subsection (3)(b). 23
58 Imposition of supervised practice program conditions 24
(1) This section applies if-- 25
(a) the board decides to register an applicant for general registration 26
who has passed an examination stated in section 44(b) as a 27
general registrant; and 28
(b) the applicant does not, in the board's reasonable opinion, have 29
relevant practical experience in the profession. 30
(2) In deciding whether the applicant has relevant practical experience in 31
the profession, the board may have regard to the following-- 32
(a) the nature and extent of the applicant's practical experience in the 33
profession; 34
s 59 46 s 59
Medical Practitioners Registration Bill 2001
(b) advice and recommendations about the applicant from an entity 1
recognised by the board as competent to assess training in the 2
practice of the profession. 3
(3) The board must impose the following conditions on the 4
registration-- 5
(a) that the registrant may practise the profession only in accordance 6
with a supervised practice program, approved by the board, for 7
the registrant; 8
(b) that the registrant must complete, to the board's satisfaction, the 9
program within the period, not more than 1 year, decided by the 10
board. 11
(4) In deciding the content of the program under subsection (3)(a), and 12
the period under subsection (3)(b), the board may have regard to the nature 13
and extent of the applicant's practical experience in the profession. 14
(5) The board must as soon as practicable give the applicant an 15
information notice about the board's decisions under subsection (1)(b) 16
and (3). 17
(6) In this section-- 18
"relevant practical experience", in the profession, means experience in 19
the profession that results in a level of knowledge of Australian health 20
care practices that is at least equivalent to the knowledge provided by 21
completing the prescribed internship. 22
59 Imposition of other conditions by board 23
(1) In addition to any conditions imposed under section 57 or 58, the 24
board may decide to register an applicant for general registration as a 25
general registrant on conditions the board considers necessary or desirable 26
for the applicant to competently and safely practise the profession. 27
28
Example of conditions of general registration--
29
A condition prohibiting a general registrant engaging in stated procedures related to the
30
practice of the profession.
(2) If the board decides to register an applicant for general registration as 31
a general registrant on conditions, it must as soon as practicable-- 32
s 60 47 s 61
Medical Practitioners Registration Bill 2001
(a) also decide the review period applying to the conditions;13 and 1
(b) give the applicant an information notice about the decisions. 2
(3) If the board decides to register an applicant for general registration as 3
a general registrant on conditions because of the applicant's mental and 4
physical health, it must also decide whether details of the conditions must 5
be recorded in the register for the period for which the conditions are in 6
force. 7
(4) The board must decide not to record details of the conditions 8
mentioned in subsection (3) in the register unless it reasonably believes it is 9
in the interests of users of the registrant's services or the public to know the 10
details. 11
60 Contravention of conditions 12
A general registrant must not contravene a condition of the registration, 13
including, for example, probationary conditions, imposed under this Act. 14
Maximum penalty--100 penalty units. 15
Division 3--Provisional general registration 16
61 Meaning of "authorised person" for div 3 17
(1) In this division-- 18
"authorised person" means any of the following persons who are 19
authorised by the board to decide to register a person as a provisional 20
general registrant-- 21
(a) the executive officer; 22
(b) a member; 23
(c) a member of the office's staff. 24
(2) An authority mentioned in subsection (1) may be limited by 25
reference to specified conditions, exceptions or factors. 26
13 The conditions may be reviewed under division 8 (Reviewing conditions of general
registrations).
s 62 48 s 62
Medical Practitioners Registration Bill 2001
62 Provisional general registration of a person on internship 1
conditions 2
(1) This section applies if-- 3
(a) a person who has successfully completed a medical course stated 4
in section 44(a) applies for general registration; and 5
(b) the applicant has not started an internship for the profession. 6
(2) Subsection (3) applies if an authorised person reasonably 7
considers-- 8
(a) the applicant is eligible for the registration without conditions 9
(other than internship conditions); and 10
(b) that because of the period before the board is likely to consider 11
the application in the ordinary course of its business, it is not 12
reasonable for the applicant to have to wait for the board to 13
consider the application. 14
(3) The authorised person may decide to register the applicant as a 15
provisional general registrant on the internship conditions mentioned in 16
section 57(3)(a). 17
(4) Subsection (5) applies if an authorised person or the board-- 18
(a) reasonably considers, subject to the applicant giving the board 19
further evidence of the applicant's relevant qualifications, the 20
applicant is eligible for the registration without conditions (other 21
than internship conditions); or 22
(b) reasonably considers-- 23
(i) the applicant would be eligible for the registration without 24
conditions (other than internship conditions), other than for 25
the fact that the relevant qualifications relied on by the 26
applicant have not been conferred on, or awarded to, the 27
applicant; and 28
(ii) the applicant is entitled to have the relevant qualifications 29
conferred on, or awarded to, him or her. 30
(5) The authorised person or board may decide to register the applicant 31
as a provisional general registrant on the internship conditions mentioned 32
in section 57(3)(a). 33
(6) If the authorised person or board decides to register the applicant as a 34
provisional general registrant, the authorised person or board must as soon 35
s 63 49 s 64
Medical Practitioners Registration Bill 2001
as practicable issue a certificate of provisional general registration to the 1
applicant. 2
(7) An authorised person or the board may not decide to register a person 3
as a provisional general registrant on conditions, other than the internship 4
conditions mentioned in section 57(3)(a). 5
63 Confirmation or cancellation of provisional general registration 6
(1) If an authorised person decides to register an applicant for general 7
registration as a provisional general registrant, the authorised person must 8
as soon as practicable report to the board about the basis for the authorised 9
person's decision. 10
(2) The board must consider the report and decide whether to confirm or 11
cancel the provisional general registration. 12
(3) In making its decision, the board must consider whether the 13
authorised person should have decided to register the applicant as a 14
provisional general registrant. 15
(4) If the board decides to cancel the provisional general registration, it 16
must as soon as practicable give the applicant notice of its decision. 17
64 Procedure after cancellation of provisional general registration 18
(1) This section applies if the board decides, under section 63, to cancel 19
a person's provisional general registration. 20
(2) The notice of cancellation must include the reason for the decision. 21
(3) The decision takes effect on the day the notice is given to the person. 22
(4) The person must return the certificate of provisional general 23
registration to the board within 14 days after receiving the notice, unless 24
the person has a reasonable excuse. 25
Maximum penalty--10 penalty units. 26
(5) Even though the board decides to cancel a person's provisional 27
general registration, it must still consider the person's application for 28
general registration. 29
s 65 50 s 67
Medical Practitioners Registration Bill 2001
65 Form of certificate of provisional general registration 1
(1) A certificate of provisional general registration must be in the 2
approved form. 3
(2) The approved form must provide for the inclusion of the following-- 4
(a) the registrant's name; 5
(b) the period of the registration; 6
(c) the internship conditions imposed on the registration. 7
66 Period 8
The provisional general registration of a person remains in force for the 9
period, not more than 6 months, decided by the authorised person or board 10
when deciding to register the person as a provisional general registrant. 11
67 Board decides to register provisional general registrant as a 12
general registrant 13
(1) This section applies if-- 14
(a) a person is a provisional general registrant; and 15
(b) the board decides to register the person as a general registrant. 16
(2) The provisional general registration is cancelled when the person 17
receives a certificate of general registration under section 52(1).14 18
(3) The general registration-- 19
(a) is taken to have started from the day the person was registered as 20
a provisional general registrant; and 21
(b) is subject to the internship conditions to which the provisional 22
general registration was subject. 23
(4) The internship conditions are taken to have been imposed under 24
section 57(3)(a). 25
14 Section 52 (Steps to be taken after application decided)
s 68 51 s 69
Medical Practitioners Registration Bill 2001
68 Board decides to refuse to register provisional general registrant 1
as a general registrant 2
(1) This section applies if-- 3
(a) a person is a provisional general registrant; and 4
(b) the board decides to refuse to register the person as a general 5
registrant. 6
(2) The provisional general registration is cancelled when an 7
information notice about the decision is given to the person under 8
section 52(2). 9
(3) The person must return the certificate of provisional general 10
registration to the board within 14 days after receiving the information 11
notice, unless the person has a reasonable excuse. 12
Maximum penalty for subsection (3)--10 penalty units. 13
69 Deemed refusal by board to register provisional general registrant 14
as a general registrant 15
(1) This section applies if-- 16
(a) a person is a provisional general registrant; and 17
(b) other than for section 53(4) or 54(5),15 the board would have been 18
taken to have decided to refuse to register the person as a general 19
registrant. 20
(2) The board is taken to have decided to refuse to register the person as 21
a general registrant on the expiry of the provisional general registration. 22
15 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 70 52 s 72
Medical Practitioners Registration Bill 2001
Division 4--Renewal of general registrations 1
Subdivision 1--Preliminary 2
70 Meaning of "recency of practice requirements" 3
(1) "Recency of practice requirements" are requirements, prescribed 4
under a regulation, that if satisfied demonstrate that an applicant for 5
renewal of a general registration has maintained an adequate connection 6
with the profession. 7
(2) The requirements may include requirements about the following-- 8
(a) the nature, extent and period of practice of the profession by the 9
applicant; 10
(b) the nature and extent of any continuing professional education 11
undertaken by the applicant; 12
(c) the nature and extent of any research, study or teaching, relating 13
to the profession, undertaken by the applicant; 14
(d) the nature and extent of any administrative work, relating to the 15
profession, performed by the applicant. 16
Subdivision 2--Applications for renewal of general registrations 17
71 Notification of imminent expiry of registration 18
The board must give a general registrant notice of the imminent expiry 19
of the registration at least 60 days before the expiry. 20
72 Procedural requirements for applications 21
(1) A general registrant may apply to the board for the renewal of the 22
registration. 23
(2) The application must be made within the period-- 24
(a) starting-- 25
(i) 60 days before the expiry of the registration; or 26
s 73 53 s 73
Medical Practitioners Registration Bill 2001
(ii) on an earlier day, if any, stated in the notice given to the 1
registrant under section 71; and 2
(b) ending immediately before the expiry. 3
(3) The application must-- 4
(a) be in the approved form; and 5
(b) be accompanied by-- 6
(i) the registration fee; and 7
(ii) any documents, identified in the approved form, the board 8
reasonably requires to decide the application. 9
(4) Information in the application must, if the approved form requires, be 10
verified by a statutory declaration. 11
(5) The approved form must require the applicant to state the 12
following-- 13
(a) whether the applicant suffers from any ongoing medical 14
condition, of which the applicant is aware, that the applicant 15
knows or ought reasonably to know adversely affects the 16
applicant's ability to competently and safely practise the 17
profession;16 18
(b) if there are recency of practice requirements relevant to the 19
applicant, details of the extent to which the applicant has satisfied 20
the requirements. 21
73 General registration taken to be in force while application is 22
considered 23
(1) If an application is made under section 72, the applicant's general 24
registration is taken to continue in force from the day it would, apart from 25
this section, have expired until-- 26
(a) if the board decides to renew the applicant's general 27
registration--the day a new certificate of general registration is 28
issued to the applicant under section 77(1); or 29
16 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 74 54 s 74
Medical Practitioners Registration Bill 2001
(b) if the board decides to refuse to renew the applicant's general 1
registration--the day an information notice about the decision is 2
given to the applicant under section 77(2); or 3
(c) if the application is taken to have been withdrawn under 4
section 74(4)--the day it is taken to have been withdrawn. 5
(2) Subsection (1) does not apply if the registration is earlier cancelled 6
under this Act or suspended or cancelled under the Health Practitioners 7
(Professional Standards) Act 1999. 8
Subdivision 3--Decision on applications 9
74 Inquiries into applications 10
(1) Before deciding the application, the board-- 11
(a) may investigate the applicant; and 12
(b) may, by notice given to the applicant, require the applicant to 13
give the board, within a reasonable time of at least 30 days stated 14
in the notice, further information or a document the board 15
reasonably requires to decide the application; and 16
(c) may, if the board is not satisfied the applicant has satisfied 17
recency of practice requirements, by notice given to the 18
applicant, require the applicant to undergo a written, oral or 19
practical examination within a reasonable time of at least 30 days 20
stated in the notice, and at a reasonable place. 21
(2) The board may require the information or document mentioned in 22
subsection (1)(b) to be verified by a statutory declaration. 23
(3) The purpose of an examination under subsection (1)(c) must be to 24
assess any effect the applicant's non-satisfaction of the requirements has 25
on the applicant's ability to competently and safely practise the profession. 26
(4) The applicant is taken to have withdrawn the application if, within 27
the stated time, the applicant-- 28
(a) does not comply with a requirement under subsection (1)(b); or 29
(b) does not undergo an examination under subsection (1)(c). 30
s 75 55 s 76
Medical Practitioners Registration Bill 2001
75 Decision 1
(1) The board must consider the application and decide to renew, or 2
refuse to renew, the applicant's general registration. 3
(2) In making its decision, the board must have regard only to the extent, 4
if any, to which the applicant has satisfied recency of practice 5
requirements.17 6
(3) If there are no recency of practice requirements relevant to the 7
applicant, the board must decide to renew the applicant's general 8
registration. 9
76 Recency of practice requirements are not satisfied 10
(1) This section applies if the board is not satisfied the applicant has 11
satisfied recency of practice requirements. 12
(2) The board may decide to renew the applicant's general registration 13
on conditions ("recency of practice conditions") the board considers will 14
sufficiently address the extent to which the applicant has not satisfied the 15
requirements. 16
(3) Before deciding to renew the registration on recency of practice 17
conditions, the board must-- 18
(a) give notice to the applicant-- 19
(i) of the details of the proposed conditions; and 20
(ii) of the reason for the proposed imposition of the conditions; 21
and 22
(iii) that the applicant may make a written submission to the 23
board about the proposed conditions within a reasonable 24
time of at least 14 days stated in the notice; and 25
(b) have regard to any written submission made to the board by the 26
applicant before the stated day. 27
(4) If the board decides to renew the registration on recency of practice 28
conditions, it must as soon as practicable-- 29
17 Under section 76(2), the board may decide to renew the registration on recency of
practice conditions if the board is not satisfied the applicant has satisfied recency of
practice requirements.
s 77 56 s 78
Medical Practitioners Registration Bill 2001
(a) also decide the review period applying to the conditions;18 and 1
(b) give the applicant an information notice about the decisions. 2
(5) The imposition of the conditions takes effect on the later of the 3
following-- 4
(a) when the information notice is given to the applicant; 5
(b) immediately after the day the registration would have expired, 6
other than for its renewal. 7
77 Steps to be taken after application decided 8
(1) If the board decides to renew the applicant's general registration, it 9
must as soon as practicable issue a new certificate of general registration to 10
the applicant. 11
(2) If the board decides to refuse to renew the applicant's general 12
registration, it must as soon as practicable give the applicant an information 13
notice about the decision. 14
(3) Without affecting section 76(2), if the board decides to renew the 15
applicant's general registration, the renewed general registration is subject 16
to the conditions, including, for example, probationary conditions, 17
attaching to the registration immediately before the decision takes effect.19 18
Division 5--Restoration of general registrations 19
78 Application of div 4, sdivs 1 and 3 20
For restoring a general registration, division 4, subdivisions 1 and 3, 21
other than sections 76(5) and 77(3),20 apply as if-- 22
(a) an application for renewal of a general registration were an 23
application for restoration of a general registration; and 24
18 The conditions may be reviewed under division 8 (Reviewing conditions of general
registrations).
19 The conditions may include conditions imposed under the Health Practitioners
(Professional Standards) Act 1999.
20 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and 3
(Decision on applications), sections 76 (Recency of practice requirements are not
satisfied) and 77 (Steps to be taken after application decided)
s 79 57 s 80
Medical Practitioners Registration Bill 2001
(b) an applicant for renewal of a general registration were an 1
applicant for restoration of a general registration; and 2
(c) a renewal of a general registration were a restoration of a general 3
registration. 4
79 When an application for restoration of a general registration may 5
be made 6
If a person's general registration has expired, the person may apply to 7
the board for restoration of the registration within 3 months after the 8
expiry. 9
80 Procedural requirements for applications 10
(1) The application must-- 11
(a) be in the approved form; and 12
(b) be accompanied by-- 13
(i) the restoration fee prescribed under a regulation (the 14
"restoration fee"); and 15
(ii) any documents, identified in the approved form, the board 16
reasonably requires to decide the application. 17
(2) Information in the application must, if the approved form requires, be 18
verified by a statutory declaration. 19
(3) The approved form must require the applicant to state the 20
following-- 21
(a) whether the applicant suffers from any ongoing medical 22
condition, of which the applicant is aware, that the applicant 23
knows or ought reasonably to know adversely affects the 24
applicant's ability to competently and safely practise the 25
profession;21 26
(b) if there are recency of practice requirements relevant to the 27
applicant, details of the extent to which the applicant has satisfied 28
the requirements. 29
21 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 81 58 s 84
Medical Practitioners Registration Bill 2001
81 Period of restored registration 1
If the board decides to restore the applicant's general registration during 2
a general registration period, the registration remains in force for the 3
period-- 4
(a) commencing on the day when the board makes the decision; and 5
(b) ending on the last day of the general registration period. 6
82 Conditions of expired registration 7
Without affecting section 76(2), as applied by section 78, if the board 8
decides to restore the applicant's general registration, the registration is 9
subject to the conditions, including, for example, probationary conditions, 10
attaching to the registration immediately before its expiry. 11
83 When recency of practice conditions take effect 12
If the board decides to restore the applicant's general registration on 13
recency of practice conditions, the imposition of the conditions takes effect 14
when the information notice about the decision is given by the board to the 15
applicant. 16
Division 6--Cancellation of general registrations 17
84 Grounds for cancellation 18
A general registration may be cancelled, under this division, on any of 19
the following grounds-- 20
(a) that the registration happened because of a materially false or 21
misleading representation or declaration; 22
(b) for a registration on internship conditions mentioned in 23
section 57(3)(a)--that the registrant has not completed the 24
prescribed internship, to the board's satisfaction, within the 25
period stated in section 57(3)(a)(ii); 26
(c) for a registration on internship conditions mentioned in 27
section 57(3)(b)--that the registrant has not completed the 28
prescribed internship, to the board's satisfaction, within the 29
period decided by the board under section 57(3)(b)(ii); 30
s 85 59 s 87
Medical Practitioners Registration Bill 2001
(d) for a registration on supervised practice program 1
conditions--that the registrant has not completed, to the board's 2
satisfaction, the supervised practice program approved by the 3
board for the registrant within the period decided by the board 4
under section 58(3)(b); 5
(e) for a registration on probationary conditions extended under 6
section 94(1)(b)(ii)--that the registrant has not completed the 7
prescribed internship or supervised practice program, to the 8
board's satisfaction, within the extended period. 9
85 Show cause notice 10
(1) If the board believes the ground exists to cancel a general 11
registration, the board must before taking action to cancel the registration 12
give the registrant a notice (a "show cause notice"). 13
(2) The show cause notice must-- 14
(a) state the board proposes to cancel the registration; and 15
(b) state the ground for the proposed cancellation; and 16
(c) outline the facts and circumstances forming the basis for the 17
ground; and 18
(d) invite the registrant to show within a stated period (the "show 19
cause period") why the registration should not be cancelled. 20
(3) The show cause period must be a period ending not less than 21 days 21
after the show cause notice is given to the registrant. 22
86 Representations about show cause notices 23
(1) The registrant may make written representations about the show 24
cause notice to the board in the show cause period. 25
(2) The board must consider all written representations (the "accepted 26
representations") made under subsection (1). 27
87 Ending show cause process without further action 28
(1) This section applies if, after considering the accepted representations 29
for the show cause notice, the board no longer believes the ground exists to 30
cancel the registration. 31
s 88 60 s 90
Medical Practitioners Registration Bill 2001
(2) The board must not take any further action about the show cause 1
notice. 2
(3) The board must also as soon as practicable after coming to the belief 3
give notice to the registrant that no further action is to be taken about the 4
show cause notice. 5
88 Cancellation 6
(1) This section applies if, after considering the accepted representations 7
for the show cause notice, the board-- 8
(a) still believes the ground exists to cancel the registration; and 9
(b) believes cancellation of the registration is warranted. 10
(2) This section also applies if there are no accepted representations for 11
the show cause notice. 12
(3) The board may decide to cancel the registration. 13
(4) If the board decides to cancel the registration, it must as soon as 14
practicable give the registrant an information notice about the decision. 15
(5) The decision takes effect on the day the information notice is given 16
to the registrant. 17
89 Return of cancelled certificate of general registration to board 18
(1) This section applies if the board decides to cancel a general 19
registration and gives an information notice for the decision to the 20
registrant. 21
(2) The registrant must return the certificate of general registration to the 22
board within 14 days after receiving the information notice, unless the 23
registrant has a reasonable excuse. 24
Maximum penalty for subsection (2)--10 penalty units. 25
Division 7--Reviewing probationary conditions on general registrations 26
90 Review of probationary conditions 27
Probationary conditions may be reviewed under this division. 28
s 91 61 s 92
Medical Practitioners Registration Bill 2001
91 Registrant to give notice of completion of internship, or 1
supervised practice program, to board 2
(1) A registrant whose registration is subject to internship conditions 3
must, within 7 days after completing the prescribed internship, or the part 4
of the prescribed internship, give notice of the completion to the board. 5
(2) A registrant whose registration is subject to supervised practice 6
program conditions must, within 7 days after completing the supervised 7
practice program approved by the board for the registrant, give notice of 8
the completion to the board. 9
(3) The notice must-- 10
(a) be in the approved form; and 11
(b) be accompanied by the fee prescribed under a regulation. 12
92 Board to give notice to internship nominee or supervisor 13
(1) As soon as practicable after receiving a registrant's notice under 14
section 91(1), the board must give a notice to the internship nominee for 15
the program undertaken by the registrant. 16
(2) The notice must require the internship nominee to give an internship 17
report for the registrant to the board within 14 days after receiving the 18
notice. 19
(3) The internship nominee must comply with the notice, unless the 20
nominee has a reasonable excuse. 21
Maximum penalty--10 penalty units. 22
(4) As soon as practicable after receiving a registrant's notice under 23
section 91(2), the board must give a notice to the person (the 24
"supervisor") who was supervising the registrant at the time the registrant 25
completed the program. 26
(5) The notice must require the supervisor to give a supervised practice 27
program report for the registrant to the board within 14 days after receiving 28
the notice. 29
(6) The supervisor must comply with the notice, unless the supervisor 30
has a reasonable excuse. 31
Maximum penalty--10 penalty units. 32
(7) In this section-- 33
s 93 62 s 94
Medical Practitioners Registration Bill 2001
"internship nominee", for an intern training program or intern training 1
secondment program, means the person nominated in writing to the 2
board, as being the internship nominee for the program, by the holder 3
of the accreditation certificate for the program. 4
93 Board's powers before making decision 5
(1) Before making its decision under section 94, the board-- 6
(a) may investigate the registrant; and 7
(b) may, by notice given to the registrant, require the registrant to 8
give the board, within a reasonable time of at least 30 days stated 9
in the notice, further information or a document the board 10
reasonably requires to make the decision; and 11
(c) may, by notice given to the registrant, require the registrant to 12
undergo a written, oral or practical examination within a 13
reasonable time of at least 30 days stated in the notice, and at a 14
reasonable place. 15
(2) The board may require the information or document mentioned in 16
subsection (1)(b) to be verified by a statutory declaration. 17
(3) The purpose of an examination under subsection (1)(c) must be to 18
assess the registrant's ability to competently and safely practise the 19
profession. 20
94 Decision 21
(1) After reviewing the internship report or supervised practice report 22
and any information or document about the registrant obtained under 23
section 93, the board must decide-- 24
(a) if the board is satisfied the registrant has satisfactorily completed 25
the internship or program--to remove the probationary 26
conditions; or 27
(b) otherwise-- 28
(i) to cancel the registrant's registration under division 6; or 29
(ii) to extend the probationary conditions for a period of not 30
more than 1 year, by requiring the registrant to undertake a 31
part of the internship or program, if the board considers the 32
s 95 63 s 96
Medical Practitioners Registration Bill 2001
registrant will satisfactorily complete the internship or 1
program during the period. 2
(2) Subsection (1)(b)(ii) applies despite section 57(3)(a)(ii) or (b)(ii). 3
(3) If the board does not receive the internship report or supervised 4
practice report within the time stated in section 92(2) or (5), the board must 5
make a decision mentioned in subsection (1) on the basis of any 6
information or document about the registrant obtained under section 93. 7
(4) If the board decides-- 8
(a) to extend the probationary conditions, it must as soon as 9
practicable give the registrant an information notice about the 10
decision; or 11
(b) to remove the probationary conditions, it must give the registrant 12
notice of the decision. 13
95 When decision takes effect 14
(1) If the board decides to extend the probationary conditions, the 15
decision takes effect when an information notice about the decision is 16
given to the registrant under section 94(4)(a). 17
(2) If the board decides to remove the conditions, the removal takes 18
effect when notice of the decision is given to the registrant under 19
section 94(4)(b) and does not depend on the certificate of general 20
registration being amended to record the removal or a replacement 21
certificate of general registration being issued. 22
96 Failure by board to make decision 23
(1) This section applies if the board fails to make a decision under 24
section 94-- 25
(a) within 60 days after receiving the internship report or supervised 26
practice report; or 27
(b) if the board does not receive the report, within 60 days after the 28
latest day on which the board should have received the report. 29
(2) Subject to subsections (3) and (4), the failure is taken to be a decision 30
by the board to remove the probationary conditions. 31
(3) Subsection (4) applies if the board has-- 32
s 97 64 s 97
Medical Practitioners Registration Bill 2001
(a) under section 93(1)(b), required the registrant to give the board 1
further information or a document; or 2
(b) under section 93(1)(c), required the registrant to undergo an 3
examination. 4
(4) The board is taken to have decided to remove the probationary 5
conditions if the board fails to make a decision under section 94 by the later 6
of the following days-- 7
(a) the day that is 60 days after the board receives the further 8
information or document; 9
(b) the day that is 60 days after the board receives the results of the 10
examination. 11
(5) The removal takes effect from the latest of the days mentioned in 12
subsection (1) or (4) by which the board should have made its decision and 13
does not depend on the certificate of general registration being amended to 14
record the removal or a replacement certificate of general registration 15
being issued. 16
97 Amending or replacing certificates of general registration 17
(1) This section applies if-- 18
(a) a general registrant receives a notice under section 94(4)(b); or 19
(b) the board is taken, under section 96(2) or (4), to have decided to 20
remove probationary conditions from a general registrant's 21
general registration. 22
(2) The registrant must, unless the registrant has a reasonable excuse, 23
return the certificate of general registration to the board-- 24
(a) if the registrant receives a notice under section 94(4)(b)--within 25
14 days after receiving the notice; or 26
(b) if the board is taken, under section 96(2) or (4), to have decided 27
to remove the conditions--within 14 days after the day the 28
registrant actually becomes aware of the removal. 29
Maximum penalty--10 penalty units. 30
(3) On receiving the certificate, the board must-- 31
(a) amend the certificate in an appropriate way and return the 32
amended certificate to the registrant; or 33
s 98 65 s 99
Medical Practitioners Registration Bill 2001
(b) if the board does not consider it practicable to amend the 1
certificate, issue another certificate of general registration to the 2
registrant to replace the certificate returned to the board. 3
Division 8--Reviewing conditions of general registrations 4
Subdivision 1--Review of conditions imposed by the board or District 5
Court 6
98 Review of conditions 7
Conditions, other than probationary conditions, imposed on a general 8
registration under this Act may be reviewed under this division. 9
99 How registrant may start a review 10
(1) The registrant to whom the conditions relate may apply to the board 11
for a review of the conditions. 12
(2) However, the application must not be made-- 13
(a) during the review period applying to the conditions; or 14
(b) while an appeal to the District Court about the decision to impose 15
the conditions is pending. 16
(3) The application must-- 17
(a) be in the approved form; and 18
(b) be accompanied by the fee prescribed under a regulation. 19
(4) The approved form must require the registrant to state-- 20
(a) that the registrant believes the conditions are no longer 21
appropriate; and 22
(b) the reason for the registrant's belief. 23
(5) The board must consider the application and make a decision under 24
section 104. 25
s 100 66 s 101
Medical Practitioners Registration Bill 2001
100 Review of conditions during review period 1
(1) This section applies if, during the review period applying to the 2
conditions, the board reasonably believes the conditions may no longer be 3
appropriate. 4
(2) The board may, with the written agreement of the registrant to whom 5
the conditions relate, review the conditions. 6
101 Board's powers before making decision 7
(1) Before making its decision under section 104, the board-- 8
(a) may investigate the registrant; and 9
(b) may, by notice given to the registrant, require the registrant to 10
give the board, within a reasonable time of at least 30 days stated 11
in the notice, further information or a document the board 12
reasonably requires to make the decision; and 13
(c) may, by notice given to the registrant, require the registrant to 14
undergo a written, oral or practical examination within a 15
reasonable time of at least 30 days stated in the notice, and at a 16
reasonable place; and 17
(d) may, by notice given to the registrant, require the registrant to 18
undergo a health assessment within a reasonable time of at least 19
30 days stated in the notice, and at a reasonable place. 20
(2) The board may require the information or document mentioned in 21
subsection (1)(b) to be verified by a statutory declaration. 22
(3) Subject to section 104(2), the purpose of an examination under 23
subsection (1)(c) must be to assess the registrant's ability to competently 24
and safely practise the profession. 25
(4) Subject to section 104(2), the purpose of an assessment under 26
subsection (1)(d) must be to assess the registrant's mental and physical 27
capacity to competently and safely practise the profession. 28
(5) Also, a notice under subsection (1)(d) must state-- 29
(a) the reason for the assessment; and 30
(b) the name and qualifications of the person appointed by the board 31
to conduct the assessment; and 32
(c) the place where, and the day and time at which, the assessment is 33
to be conducted. 34
s 102 67 s 103
Medical Practitioners Registration Bill 2001
102 Application of ss 4750 1
(1) This section applies if the board believes it is necessary for the 2
registrant to undergo a health assessment under section 101(1)(d). 3
(2) Sections 47 to 5022 apply as if-- 4
(a) an applicant for general registration were the registrant; and 5
(b) the reference in section 47(1) to section 46(1)(d) were a 6
reference to section 101(1)(d). 7
103 Deemed withdrawal of application etc. 8
(1) Subsections (2) and (3) apply if the conditions are being reviewed 9
because of an application made by the registrant under section 99. 10
(2) The registrant is taken to have withdrawn the application if, within 11
the stated time, the registrant-- 12
(a) does not comply with a requirement under section 101(1)(b); or 13
(b) does not undergo an examination under section 101(1)(c); or 14
(c) does not undergo an assessment under section 101(1)(d). 15
(3) A notice under section 101(1)(b), (c) or (d) must be given to the 16
registrant within 60 days after the board receives the application. 17
(4) Subsections (5) and (6) apply if the conditions are being reviewed 18
under section 100. 19
(5) The board is taken to have decided to confirm the conditions if, 20
within the stated time, the registrant-- 21
(a) does not comply with a requirement under section 101(1)(b); or 22
(b) does not undergo an examination under section 101(1)(c); or 23
(c) does not undergo an assessment under section 101(1)(d). 24
(6) A notice under section 101(1)(b), (c) or (d) must be given to the 25
registrant within 60 days after the board agrees with the registrant to 26
review the conditions. 27
22 Sections 47 (Appointment of appropriately qualified person to conduct health
assessment), 48 (Report about health assessment), 49 (Use of assessment report) and
50 (Payment for health assessments and reports)
s 104 68 s 105
Medical Practitioners Registration Bill 2001
104 Decision 1
(1) After reviewing the conditions, the board must decide-- 2
(a) to confirm the conditions; or 3
(b) to remove the conditions; or 4
(c) to change the conditions. 5
(2) In making its decision, the board must consider whether the 6
conditions remain necessary or desirable for the registrant to competently 7
and safely practise the profession. 8
(3) If the board decides to confirm or change the conditions, the 9
conditions may only be confirmed or changed for the reasons the 10
conditions were initially imposed. 11
(4) If the board decides to confirm or change the conditions, it must as 12
soon as practicable-- 13
(a) also decide the review period applying to the confirmed or 14
changed conditions; and 15
(b) give the registrant an information notice about the decisions. 16
(5) If the board decides to remove the conditions, it must as soon as 17
practicable give the registrant notice of the decision. 18
105 When decision takes effect 19
(1) If the board decides to confirm the conditions, the decision takes 20
effect when it is made. 21
(2) If the board decides to change the conditions, the change takes effect 22
when an information notice about the decision is given to the registrant 23
under section 104(4)(b) and does not depend on the certificate of general 24
registration being amended to record the change or a replacement 25
certificate of general registration being issued. 26
(3) If the board decides to remove the conditions, the removal takes 27
effect when notice of the decision is given to the registrant under 28
section 104(5) and does not depend on the certificate of general registration 29
being amended to record the removal or a replacement certificate of 30
general registration being issued. 31
s 106 69 s 107
Medical Practitioners Registration Bill 2001
106 Failure by board to make decision on application 1
(1) Subject to subsections (2) and (3), if the board fails to decide an 2
application under section 9923 within 60 days after its receipt, the failure is 3
taken to be a decision by the board to remove the conditions. 4
(2) Subsection (3) applies if the board has-- 5
(a) under section 101(1)(b),24 required the applicant to give the board 6
further information or a document; or 7
(b) under section 101(1)(c), required the applicant to undergo an 8
examination; or 9
(c) under section 101(1)(d), required the applicant to undergo a 10
health assessment. 11
(3) The board is taken to have decided to remove the conditions if the 12
board fails to decide the application by the latest of the following days-- 13
(a) the day that is 60 days after the board receives the further 14
information or document; 15
(b) the day that is 60 days after the board receives the results of the 16
examination; 17
(c) the day that is 60 days after the board receives the assessment 18
report. 19
(4) The removal of the conditions under subsection (1) or (3) does not 20
depend on the certificate of general registration being amended to record 21
the removal or a replacement certificate of general registration being 22
issued. 23
107 Failure by board to make decision on review agreed to under s 100 24
(1) Subject to subsections (2) and (3), if the board fails to make a 25
decision on a review agreed to under section 10025 within 60 days after the 26
agreement, the failure is taken to be a decision by the board to remove the 27
conditions. 28
(2) Subsection (3) applies if the board has-- 29
23 Section 99 (How registrant may start a review)
24 Section 101 (Board's powers before making decision)
25 Section 100 (Review of conditions during review period)
s 108 70 s 109
Medical Practitioners Registration Bill 2001
(a) under section 101(1)(b), required the registrant to give the board 1
further information or a document; or 2
(b) under section 101(1)(c), required the registrant to undergo an 3
examination; or 4
(c) under section 101(1)(d), required the registrant to undergo a 5
health assessment. 6
(3) The board is taken to have decided to remove the conditions if the 7
board fails to make a decision on the review by the latest of the following 8
days-- 9
(a) the day that is 60 days after the board receives the further 10
information or document; 11
(b) the day that is 60 days after the board receives the results of the 12
examination; 13
(c) the day that is 60 days after the board receives the assessment 14
report. 15
(4) The removal of the conditions under subsection (1) or (3) does not 16
depend on the certificate of general registration being amended to record 17
the removal or a replacement certificate of general registration being 18
issued. 19
108 Further decision required if certain conditions changed 20
(1) This section applies if the conditions were imposed because of the 21
registrant's mental and physical health. 22
(2) If the board decides to change the conditions, it must also decide 23
whether details of the changed conditions must be recorded in the register 24
for the period for which the conditions are in force. 25
(3) The board must decide not to record details of the changed 26
conditions in the register unless it reasonably believes it is in the interests 27
of users of the registrant's services or the public to know the details. 28
Subdivision 2--Recording change, or removal, of conditions 29
109 Amendment of, or replacing, certificates of general registration 30
(1) This section applies if-- 31
s 110 71 s 110
Medical Practitioners Registration Bill 2001
(a) a general registrant receives an information notice, under 1
section 104(4)(b), about decisions relating to a change of the 2
conditions of the registration; or 3
(b) a general registrant receives a notice, under section 104(5), about 4
a decision to remove the conditions of the registration; or 5
(c) the board is taken, under section 106 or 107, to have decided to 6
remove the conditions of a general registration. 7
(2) The registrant must return the certificate of general registration to the 8
board-- 9
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 10
the notice, unless the registrant has a reasonable excuse; or 11
(b) if subsection (1)(c) applies--within 14 days after the day the 12
registrant actually becomes aware of the removal. 13
Maximum penalty--10 penalty units. 14
(3) On receiving the certificate, the board must-- 15
(a) amend the certificate in an appropriate way and return the 16
amended certificate to the registrant; or 17
(b) if the board does not consider it practicable to amend the 18
certificate, issue another certificate of general registration to the 19
registrant to replace the certificate returned to the board. 20
Division 9--Specialist registration 21
Subdivision 1--Applications 22
110 Procedural requirements for applications 23
(1) An application for specialist registration must-- 24
(a) be made to the board; and 25
(b) be in the approved form; and 26
(c) be accompanied by-- 27
(i) satisfactory evidence of relevant qualifications; and 28
(ii) the application fee prescribed under a regulation (the 29
"specialist application fee"); and 30
s 111 72 s 111
Medical Practitioners Registration Bill 2001
(iii) the registration fee prescribed under a regulation (the 1
"specialist registration fee"); and 2
(iv) any other documents, identified in the approved form, the 3
board reasonably requires; and 4
(v) if the applicant is registered under a corresponding law, 5
written details of any conditions attaching to the 6
registration. 7
(2) Information in the application must, if the approved form requires, be 8
verified by a statutory declaration. 9
Subdivision 2--Eligibility for specialist registration 10
111 Eligibility 11
(1) An applicant for specialist registration in a specialty is eligible for 12
specialist registration in the specialty if-- 13
(a) the applicant is a general registrant; and 14
(b) the applicant has-- 15
(i) an Australian or New Zealand qualification, in the specialty, 16
that is prescribed, for the specialty, under a regulation; or 17
(ii) a qualification, in the specialty, the board considers is 18
substantially equivalent to, or based on similar 19
competencies to that required for, a current qualification in 20
the specialty. 21
(2) Also, an applicant for specialist registration who is not a general 22
registrant is eligible for specialist registration in a specialty if-- 23
(a) the applicant is fit to practise the specialty; and 24
(b) has a qualification in, and experience in the practice of, the 25
specialty the board considers are sufficient as a basis for 26
specialist registration in the specialty. 27
(3) Without limiting subsections (1) and (2), the board may be satisfied 28
the applicant is eligible for specialist registration in the specialty by 29
imposing conditions on the registration under section 121(1). 30
s 112 73 s 112
Medical Practitioners Registration Bill 2001
(4) For deciding under subsection (2)(a) whether the applicant is fit to 1
practise the specialty, section 4526 applies as if-- 2
(a) an applicant for general registration were an applicant for 3
specialist registration; and 4
(b) the profession were the specialty. 5
(5) In making its decision under subsection (1)(b)(ii) or (2)(b), the board 6
may have regard to the advice and recommendations of-- 7
(a) any relevant Australian specialist college or institution for the 8
specialty; and 9
(b) the Australian Medical Council. 10
(6) In this section-- 11
"current qualification", in a specialty, means a qualification in the 12
specialty mentioned in a regulation made under subsection (1)(b)(i), 13
that may be conferred or awarded as a result of the successful 14
completion of a course offered, at the date of the applicant's 15
application for specialist registration, by the educational institution 16
mentioned in relation to the qualification. 17
Subdivision 3--Inquiries into applications 18
112 Board's powers before deciding applications 19
(1) Before deciding the application, the board-- 20
(a) may investigate the applicant; and 21
(b) may, by notice given to the applicant, require the applicant to 22
give the board, within a reasonable time of at least 30 days stated 23
in the notice, further information or a document the board 24
reasonably requires to decide the application; and 25
(c) may, by notice given to the applicant, require the applicant to 26
undergo a written, oral or practical examination within a 27
reasonable time of at least 30 days stated in the notice, and at a 28
reasonable place; and 29
26 Section 45 (Fitness to practise the profession)
s 113 74 s 113
Medical Practitioners Registration Bill 2001
(d) if the applicant is not a general registrant--may, by notice given 1
to the applicant, require the applicant to undergo a health 2
assessment within a reasonable time of at least 30 days stated in 3
the notice, and at a reasonable place. 4
(2) The board may require the information or document mentioned in 5
subsection (1)(b) to be verified by a statutory declaration. 6
(3) The purpose of an examination under subsection (1)(c) must be to 7
assess the applicant's ability to competently and safely practise the 8
specialty to which the application relates. 9
(4) The purpose of an assessment under subsection (1)(d) must be to 10
assess the applicant's mental and physical capacity to competently and 11
safely practise the specialty. 12
(5) The applicant is taken to have withdrawn the application if, within 13
the stated time, the applicant-- 14
(a) fails to comply with a requirement under subsection (1)(b); or 15
(b) fails to undergo an examination under subsection (1)(c); or 16
(c) does not undergo an assessment under subsection (1)(d). 17
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 18
applicant within 60 days after the board receives the application. 19
(7) Also, a notice under subsection (1)(d) must state-- 20
(a) the reason for the assessment; and 21
(b) the name and qualifications of the person appointed by the board 22
to conduct the assessment; and 23
(c) the place where, and the day and time at which, the assessment is 24
to be conducted. 25
113 Application of ss 4750 26
(1) This section applies if the board believes it is necessary for the 27
applicant to undergo a health assessment under section 112(1)(d). 28
(2) Sections 47 to 5027 apply as if-- 29
27 Sections 47 (Appointment of appropriately qualified person to conduct health
assessment), 48 (Report about health assessment), 49 (Use of assessment report) and
50 (Payment for health assessments and reports)
s 114 75 s 116
Medical Practitioners Registration Bill 2001
(a) an applicant for general registration were the applicant; and 1
(b) the profession were the specialty; and 2
(c) a general registrant were a specialist registrant in the specialty; 3
and 4
(d) the reference in section 47(1) to section 46(1)(d)28 were a 5
reference to section 112(1)(d); and 6
(e) the reference in section 49(4), definition "stated proceedings" to 7
division 8 were a reference to division 8, as applied by 8
section 124. 9
Subdivision 4--Decision on applications 10
114 Decision 11
The board must consider the application and decide to register, or refuse 12
to register, the applicant as a specialist registrant in the specialty. 13
115 Steps to be taken after application decided 14
(1) If the board decides to register the applicant as a specialist registrant, 15
it must as soon as practicable issue a certificate of specialist registration to 16
the applicant. 17
(2) If the board decides to refuse to register the applicant as a specialist 18
registrant, the board must as soon as practicable give the applicant an 19
information notice about the decision. 20
116 Failure to decide applications 21
(1) Subject to subsections (2) and (3), if the board fails to decide the 22
application within 60 days after its receipt, the failure is taken to be a 23
decision by the board to refuse to register the applicant as a specialist 24
registrant. 25
(2) Subsection (3) applies if the board has-- 26
(a) under section 112(1)(b), required the applicant to give the board 27
further information or a document; or 28
28 Section 46 (Board's powers before deciding applications)
s 117 76 s 117
Medical Practitioners Registration Bill 2001
(b) under section 112(1)(c), required the applicant to undergo an 1
examination; or 2
(c) under section 112(1)(d), required the applicant to undergo a 3
health assessment. 4
(3) The board is taken to have refused to register the applicant as a 5
specialist registrant if the board fails to decide the application by the latest 6
of the following days-- 7
(a) the day that is 60 days after the board receives the further 8
information or document; 9
(b) the day that is 60 days after the board receives the results of the 10
examination; 11
(c) the day that is 60 days after the board receives the assessment 12
report. 13
(4) This section does not apply if the applicant is registered as a 14
provisional specialist registrant.29 15
(5) This section is subject to section 117. 16
117 Further consideration of applications 17
(1) This section applies if the board considers it needs further time to 18
make a decision on the application because of the complexity of the 19
matters that need to be considered in deciding the application. 20
21
Example of an application for specialist registration that may require the consideration of
22
complex matters--
23
An application requiring the board to obtain and consider information about the
24
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 25
notice to the applicant that-- 26
(a) because of the complexity of the matters that need to be 27
considered in deciding the application, the board needs further 28
time to decide the application; and 29
29 If the applicant is registered as a provisional specialist registrant, section 69, as
applied by section 124(1)(a), states when the board is taken to have decided to
refuse to register the applicant as a specialist registrant.
s 117 77 s 117
Medical Practitioners Registration Bill 2001
(b) the period within which the board must decide the application is 1
extended to a day (the "extended day") that is 60 days after the 2
final consideration day. 3
(3) Also, the applicant and board may at any time before the final 4
consideration day agree in writing on a day (the "agreed extended day") 5
by which the application is to be decided. 6
(4) The board is taken to have refused to register the applicant as a 7
specialist registrant if the board does not decide the application by-- 8
(a) if subsection (2) applies--the extended day; or 9
(b) if subsection (3) applies--the agreed extended day; or 10
(c) if both subsections (2) and (3) apply--the later of the extended 11
day or agreed extended day. 12
(5) Subsection (4) does not apply if the applicant is registered as a 13
provisional specialist registrant.30 14
(6) In this section-- 15
"final consideration day" means the latest of the following days-- 16
(a) the day that is 60 days after receipt of the application; 17
(b) if the board has, under section 112(1)(b), required the applicant 18
to give the board further information or a document, the day that 19
is 60 days after the board receives the further information or 20
document; 21
(c) if the board has, under section 112(1)(c), required the applicant 22
to undergo an examination, the day that is 60 days after the board 23
receives the results of the examination; 24
(d) if the board has, under section 112(1)(d), required the applicant 25
to undergo a health assessment, the day that is 60 days after the 26
board receives the assessment report. 27
30 If the applicant is registered as a provisional specialist registrant, section 69, as
applied by section 124(1)(a), states when the board is taken to have decided to
refuse to register the applicant as a specialist registrant.
s 118 78 s 120
Medical Practitioners Registration Bill 2001
Subdivision 5--Information in certificates of specialist registration 1
118 Form of certificates of specialist registration 2
(1) A certificate of specialist registration must be in the approved form. 3
(2) The approved form must provide for the inclusion of the following-- 4
(a) the registrant's name; 5
(b) the specialty to which the registration relates; 6
(c) the period of the registration; 7
(d) any conditions of registration. 8
Subdivision 6--Period of specialist registration 9
119 Period 10
(1) The period of registration that is to apply to specialist registrants is 11
the period (the "specialist registration period"), not more than 3 years, 12
prescribed under a regulation. 13
(2) If the board decides to register an applicant as a specialist registrant 14
during a specialist registration period, the registration remains in force for 15
the period-- 16
(a) commencing on the day when the board made the decision; and 17
(b) ending on the last day of the specialist registration period. 18
Subdivision 7--Conditions of specialist registration 19
120 Conditions attaching to general registration applicable to 20
specialist registration 21
(1) This section applies if-- 22
(a) the board decides to register a general registrant as a specialist 23
registrant; and 24
(b) the registrant's general registration is, immediately before the 25
decision takes effect, subject to conditions. 26
s 121 79 s 122
Medical Practitioners Registration Bill 2001
(2) The person's specialist registration is subject to the conditions, other 1
than any recency of practice conditions, attaching to the general 2
registration. 3
(3) Subsection (2) does not limit the board's power to impose conditions 4
under section 121 on the registrant's specialist registration. 5
(4) Conditions attaching under subsection (2) to a specialist registration 6
may not be reviewed under division 8, as applied by section 124.31 7
121 Imposition of conditions by board 8
(1) The board may register an applicant as a specialist registrant in a 9
specialty on conditions the board considers necessary or desirable for the 10
applicant to competently and safely practise the specialty. 11
(2) If the board decides to register an applicant as a specialist registrant 12
on conditions, it must as soon as practicable-- 13
(a) also decide the review period applying to the conditions;32 and 14
(b) give the applicant an information notice about the decisions. 15
(3) If the board decides to register an applicant who is not a general 16
registrant on conditions because of the registrant's mental and physical 17
health, it must also decide whether details of the conditions must be 18
recorded in the register for the period for which the conditions are in force. 19
(4) The board must decide not to record details of the conditions 20
mentioned in subsection (3) in the register unless it reasonably believes it is 21
in the interests of users of the registrant's services or the public to know the 22
details. 23
122 Contravention of conditions 24
A specialist registrant must not contravene a condition of the registration 25
imposed under this Act. 26
Maximum penalty--100 penalty units. 27
31 See section 128 (Effect on specialist registration if conditions on general registration
are changed or removed).
32 The conditions may be reviewed under division 8 (Reviewing conditions of general
registrations) as applied by section 124 (Application of certain provisions to
provisional specialist registration and specialist registration).
s 123 80 s 124
Medical Practitioners Registration Bill 2001
123 Standard condition of specialist registration of certain persons 1
(1) This section applies to a person who is a specialist registrant, but is 2
not also a general registrant. 3
(2) The registration is subject to the condition that the registrant must not 4
practise the profession other than in the specialty to which the registration 5
relates. 6
Subdivision 8--Application of certain provisions 7
124 Application of certain provisions to provisional specialist 8
registration and specialist registration 9
(1) The following provisions (the "stated provisions") apply to 10
provisional specialist registration and specialist registration as if it were 11
provisional general registration and general registration-- 12
(a) division 3 other than sections 62 and 65(2)(c); 13
(b) division 4 (Renewal of general registrations); 14
(c) division 5 (Restoration of general registrations); 15
(d) division 6 (Cancellation of general registrations); 16
(e) division 8 (Reviewing conditions of general registrations). 17
(2) However, for the specialist registration of a person who is also a 18
general registrant, the following provisions of division 8 do not apply to the 19
registration-- 20
(a) the provisions to the extent to which they relate to health 21
assessments; and 22
(b) section 108.33 23
(3) For subsection (1), the stated provisions apply as if-- 24
(a) an applicant for general registration were an applicant for 25
specialist registration; and 26
(b) an application for general registration were an application for 27
specialist registration; and 28
(c) general registration were specialist registration; and 29
33 Section 108 (Further decision required if certain conditions changed)
s 125 81 s 125
Medical Practitioners Registration Bill 2001
(d) provisional general registration were provisional specialist 1
registration; and 2
(e) a certificate of provisional general registration were a certificate 3
of provisional specialist registration; and 4
(f) a provisional general registrant were a provisional specialist 5
registrant; and 6
(g) a certificate of general registration were a certificate of specialist 7
registration; and 8
(h) a general registrant were a specialist registrant; and 9
(i) the profession were the specialty to which the specialist 10
registration relates; and 11
(j) the registration fee were the specialist registration fee; and 12
(k) the restoration fee were the specialist restoration fee; and 13
(l) a general registration period were a specialist registration period; 14
and 15
(m) an applicant for renewal of general registration were an applicant 16
for renewal of specialist registration; and 17
(n) an application for renewal of general registration were an 18
application for renewal of specialist registration; and 19
(o) an applicant for restoration of general registration were an 20
applicant for restoration of specialist registration; and 21
(p) an application for restoration of general registration were an 22
application for restoration of specialist registration. 23
(4) The approved form for a certificate of provisional specialist 24
registration must also provide for the inclusion of the specialty to which the 25
registration relates. 26
125 Provisional specialist registration of a person 27
(1) Subsection (2) applies if an authorised person reasonably 28
considers-- 29
(a) an applicant for specialist registration is eligible for specialist 30
registration in a specialty without conditions; and 31
(b) because of the period before the board is likely to consider the 32
application in the ordinary course of its business, it is not 33
s 126 82 s 126
Medical Practitioners Registration Bill 2001
reasonable for the applicant to have to wait for the board to 1
consider the application. 2
(2) The authorised person may decide to register the applicant as a 3
provisional specialist registrant in the specialty. 4
(3) Subsection (4) applies if an authorised person or the board-- 5
(a) reasonably considers, subject to an applicant for specialist 6
registration giving the board further evidence of the applicant's 7
relevant qualification in the specialty, the applicant is eligible for 8
the specialist registration without conditions; or 9
(b) reasonably considers-- 10
(i) an applicant for specialist registration would be eligible for 11
the specialist registration without conditions, other than for 12
the fact that the relevant qualification in the specialty relied 13
on by the applicant has not been conferred on, or awarded 14
to, the applicant; and 15
(ii) the applicant is entitled to have the relevant qualification 16
conferred on, or awarded to, him or her. 17
(4) The authorised person or board may decide to register the applicant 18
as a provisional specialist registrant in the specialty. 19
(5) If the authorised person or board decides to register the applicant as a 20
provisional specialist registrant, the authorised person or board must as 21
soon as practicable issue a certificate of provisional specialist registration 22
to the applicant. 23
(6) An authorised person or the board may not decide to register a person 24
as a provisional specialist registrant on conditions. 25
(7) In this section-- 26
"authorised person" has the meaning given by section 61, as applied by 27
section 124(1)(a). 28
Subdivision 9--Miscellaneous 29
126 Additional information to be included in show cause notice 30
(1) This section applies if-- 31
s 127 83 s 128
Medical Practitioners Registration Bill 2001
(a) a person is a general registrant and specialist registrant or a 1
general registrant and provisional specialist registrant; and 2
(b) the board gives the registrant a show cause notice in relation to 3
the registrant's general registration. 4
(2) In addition to the matters mentioned in section 85(2), the show cause 5
notice must state that if the general registration is cancelled, the specialist 6
registration or provisional specialist registration ends under section 127. 7
127 Effect on specialist registration if general registration ceases to 8
have effect 9
(1) This section applies to a person who is a general registrant and 10
specialist registrant or a general registrant and provisional specialist 11
registrant. 12
(2) If the registrant's general registration ends under this Act, the 13
registrant's specialist registration or provisional specialist registration ends 14
on the same day (the "effective day") as the day the general registration 15
ends. 16
(3) Subsection (2) applies despite section 73,34 as applied by 17
section 124(1)(b). 18
(4) If the registrant's general registration is cancelled by the board, the 19
information notice given to the registrant about the decision to cancel the 20
general registration must also include a direction to the registrant to return 21
the certificate of specialist registration or certificate of provisional 22
specialist registration within 14 days after the effective day. 23
(5) The person must return the certificate of specialist registration or 24
certificate of provisional specialist registration to the board within 14 days 25
after the effective day, unless the person has a reasonable excuse. 26
Maximum penalty for subsection (5)--10 penalty units. 27
128 Effect on specialist registration if conditions on general 28
registration are changed or removed 29
(1) This section applies if-- 30
(a) a person is a general registrant and specialist registrant; and 31
34 Section 73 (General registration taken to be in force while application is considered)
s 129 84 s 129
Medical Practitioners Registration Bill 2001
(b) the general registration is subject to conditions.35 1
(2) If the conditions are changed under this Act, the conditions are taken 2
to be changed in the same way on the registrant's specialist registration. 3
(3) If the conditions are removed under this Act, the conditions are taken 4
to be removed from the registrant's specialist registration. 5
(4) The change to, or removal of, the conditions on the specialist 6
registration takes effect on the same day (the "effective day") as the day 7
the board's decision to change or remove the conditions on the general 8
registration takes effect. 9
(5) The information notice given to the registrant about the decision to 10
change or remove the conditions on the registrant's general registration 11
must also include a direction to the registrant to return the certificate of 12
specialist registration within 14 days after the effective day. 13
(6) The registrant must return the certificate of specialist registration to 14
the board within 14 days after the effective day, unless the registrant has a 15
reasonable excuse. 16
Maximum penalty--10 penalty units. 17
(7) On receiving the certificate, the board must-- 18
(a) amend the certificate in an appropriate way and return the 19
amended certificate to the registrant; or 20
(b) if the board does not consider it practicable to amend the 21
certificate, issue another certificate of specialist registration to 22
the registrant to replace the certificate returned to the board. 23
(8) In this section-- 24
"conditions" means conditions other than recency of practice conditions. 25
129 Restoration of specialist registration 26
(1) This section applies if-- 27
(a) a person is registered as a general registrant and a specialist 28
registrant; and 29
35 Under section 120(2), if a person is a general registrant and a specialist registrant,
the person's specialist registration is subject to the conditions attaching to the
person's general registration immediately before the person is registered as a
specialist registrant.
s 130 85 s 131
Medical Practitioners Registration Bill 2001
(b) the person's specialist registration expires; and 1
(c) the person applies, under section 79, as applied by 2
section 124(1)(c), for the restoration of the person's specialist 3
registration. 4
(2) The board must decide not to restore the person's specialist 5
registration if the person is not a general registrant. 6
(3) Section 75, as applied under section 124(1)(c), is subject to this 7
section. 8
130 Decision about recording details of certain conditions in register 9
(1) This section applies if-- 10
(a) a person is a general registrant and specialist registrant; and 11
(b) either of the following applies-- 12
(i) conditions ("health conditions") are imposed under this 13
Act on the person's general registration because of the 14
person's mental or physical health; 15
(ii) the health conditions (the "changed health conditions") 16
are changed under this Act. 17
(2) The decision made, under this Act, about recording details of the 18
health conditions or changed health conditions in the register applies in the 19
same way to the same conditions attaching to the person's specialist 20
registration. 21
Division 10--Special purpose registrations 22
Subdivision 1--Eligibility for special purpose registration 23
131 Eligibility 24
(1) A person may obtain special purpose registration to undertake an 25
activity for a purpose (a "special purpose") mentioned in sections 132 26
to 138. 27
(2) A person is eligible for special purpose registration for a special 28
purpose if the person-- 29
s 132 86 s 134
Medical Practitioners Registration Bill 2001
(a) is fit to practise the profession; and 1
(b) is qualified for registration under this subdivision. 2
132 Postgraduate study or training 3
(1) The purpose of registration under this section is to enable a person to 4
undertake postgraduate study or training, in medicine, approved by the 5
board. 6
(2) A person is qualified for special purpose registration to undertake 7
postgraduate study or training in medicine if the person has a medical 8
qualification but is not qualified for general registration under section 44. 9
(3) In deciding whether to approve the study or training and register a 10
person as a special purpose registrant under this section, the board may 11
have regard to-- 12
(a) the nature, content and duration of the study or training; and 13
(b) the relevance of the person's existing qualifications and 14
experience to the study or training. 15
133 Supervised training to prepare for clinical examination 16
(1) The purpose of registration under this section is to enable a person to 17
undertake supervised training, approved by the board, to prepare for the 18
clinical examination in the practice of the profession conducted by the 19
Australian Medical Council. 20
(2) A person is qualified for special purpose registration to undertake 21
supervised training if the person has been accepted by the council as a 22
candidate for the examination. 23
(3) In deciding whether to approve the training and register a person as a 24
special purpose registrant under this section, the board may have regard 25
to-- 26
(a) the nature, content and duration of the training; and 27
(b) the nature of the supervision of the training. 28
134 Medical teaching or research 29
(1) The purpose of registration under this section is to enable a person to 30
engage in medical teaching or research. 31
s 135 87 s 137
Medical Practitioners Registration Bill 2001
(2) A person is qualified for special purpose registration to engage in 1
medical teaching or research if the person has a medical qualification and 2
experience the board considers suitable for the teaching or research. 3
135 Practice in area of need 4
(1) The purpose of registration under this section is to enable a person to 5
practise the profession in an area the Minister has decided, under 6
subsection (3), is an area of need for a medical service. 7
(2) A person is qualified for special purpose registration to practise the 8
profession in an area of need if the person has a medical qualification and 9
experience the board considers suitable for practising the profession in the 10
area. 11
(3) The Minister may decide there is an area of need for a medical 12
service if the Minister considers there are insufficient medical practitioners 13
practising in the State, or a part of the State, to provide the service at a level 14
that meets the needs of people living in the State or the part of the State. 15
(4) If the Minister decides there is an area of need for a medical service, 16
the Minister must give the board written notice of the decision. 17
136 Study or training to obtain a qualification in a specialty 18
(1) The purpose of registration under this section is to enable a person to 19
undertake study or training to obtain a qualification, mentioned in 20
section 111(1)(b)(i), in a specialty. 21
(2) A person is qualified for special purpose registration to undertake 22
study or training to obtain a qualification mentioned in section 111(1)(b)(i) 23
in a specialty if the person has-- 24
(a) a qualification in the specialty, other than a qualification 25
mentioned in section 111(1)(b)(i); and 26
(b) experience in the practice of the specialty. 27
137 Practice in the public interest 28
(1) The purpose of registration under this section is to enable a person 29
with a qualification in, and experience in the practice of, the profession to 30
practise the profession for a particular purpose. 31
s 138 88 s 139
Medical Practitioners Registration Bill 2001
(2) A person with a qualification in, and experience in the practice of, 1
the profession is qualified for special purpose registration to practise the 2
profession for a particular purpose if the board is satisfied it would be in 3
the public interest for the person to practise the profession for the purpose. 4
138 Practice in general practice 5
(1) The purpose of registration under this section is to enable a person to 6
practise medicine in general practice. 7
(2) A person is qualified for special purpose registration to practise 8
medicine in general practice if the person has qualifications in the general 9
practice of medicine conferred by the Royal Australian College of General 10
Practitioners or another body prescribed under a regulation. 11
Subdivision 2--Applications for special purpose registration 12
139 Application of divs 2 and 3 13
(1) For a person being registered as a special purpose registrant, 14
division 2 (other than sections 43, 44 and 56 to 60) and division 3 (other 15
than sections 62 and 65(2)(c))36 apply as if-- 16
(a) an application for general registration were an application for 17
special purpose registration; and 18
(b) an applicant for general registration were an applicant for special 19
purpose registration; and 20
(c) a general registration were a special purpose registration; and 21
(d) a general registrant were a special purpose registrant; and 22
(e) a certificate of general registration were a certificate of special 23
purpose registration; and 24
36 Division 2 (Applications for general registration), sections 43 (Eligibility),
44 (When applicant is qualified for general registration), 56 (Period), 57 (Imposition
of internship conditions), 58 (Imposition of supervised practice program
conditions), 59 (Imposition of conditions by board) and 60 (Contravention of
conditions) and division 3 (Provisional general registration), sections 62
(Provisional general registration of a person on internship conditions) and 65 (Form
of certificate of provisional general registration)
s 140 89 s 142
Medical Practitioners Registration Bill 2001
(f) a provisional general registrant were a provisional special 1
purpose registrant; and 2
(g) a provisional general registration were a provisional special 3
purpose registration; and 4
(h) a certificate of provisional general registration were a certificate 5
of provisional special purpose registration. 6
(2) The approved form for a certificate of special purpose registration or 7
certificate of provisional special purpose registration must also provide for 8
the inclusion of-- 9
(a) details of the special purpose and activity for which the registrant 10
is registered; and 11
(b) if the special purpose involves the practice of a specialty, details 12
of the specialty. 13
140 Period of special purpose registration 14
If the board decides to register the applicant as a special purpose 15
registrant, the registration remains in force for the period, not more than 16
1 year, decided by the board when deciding to register the applicant as a 17
special purpose registrant. 18
141 Imposition of conditions by board 19
(1) The board may decide to register the applicant as a special purpose 20
registrant on conditions the board considers necessary or desirable for the 21
applicant to competently and safely undertake the activity the subject of the 22
application. 23
(2) If the board decides to register the applicant as a special purpose 24
registrant on conditions, it must as soon as practicable give the applicant an 25
information notice about the decision. 26
142 Contravention of conditions 27
A special purpose registrant must not contravene a condition of the 28
registration imposed under this Act. 29
Maximum penalty--100 penalty units. 30
s 143 90 s 143
Medical Practitioners Registration Bill 2001
143 Provisional special purpose registration of a person 1
(1) Subsection (2) applies if an authorised person reasonably 2
considers-- 3
(a) an applicant for special purpose registration is eligible for the 4
special purpose registration without conditions; and 5
(b) because of the period before the board is likely to consider the 6
application in the ordinary course of its business, it is not 7
reasonable for the applicant to have to wait for the board to 8
consider the application. 9
(2) The authorised person may decide to register the applicant as a 10
provisional special purpose registrant. 11
(3) Subsection (4) applies if an authorised person or the board-- 12
(a) reasonably considers, subject to an applicant for special purpose 13
registration giving the board further evidence of the applicant's 14
relevant qualification, the applicant is eligible for the registration 15
without conditions; or 16
(b) reasonably considers-- 17
(i) an applicant for special purpose registration would be 18
eligible for the special purpose registration without 19
conditions, other than for the fact that the relevant 20
qualification relied on by the applicant has not been 21
conferred on, or awarded to, the applicant; and 22
(ii) the applicant is entitled to have the relevant qualification 23
conferred on, or awarded to, him or her. 24
(4) The authorised person or board may decide to register the applicant 25
as a provisional special purpose registrant. 26
(5) If the authorised person or board decides to register the applicant as a 27
provisional special purpose registrant, the authorised person or board must 28
as soon as practicable issue a certificate of provisional special purpose 29
registration to the applicant. 30
(6) An authorised person or the board may not decide to register a person 31
as a provisional special purpose registrant on conditions. 32
(7) In this section-- 33
"authorised person" has the meaning given by section 61, as applied by 34
section 139(1). 35
s 144 91 s 146
Medical Practitioners Registration Bill 2001
Subdivision 3--Renewal of special purpose registrations 1
144 Application of div 4, sdivs 2 and 3 2
For renewing a special purpose registration, division 4, subdivisions 2 3
and 3, other than section 77(3)37 and the provisions to the extent to which 4
they relate to recency of practice requirements, apply as if-- 5
(a) an application for the renewal of a general registration were an 6
application for the renewal of a special purpose registration; and 7
(b) an applicant for the renewal of a general registration were an 8
applicant for the renewal of a special purpose registration; and 9
(c) an applicant's general registration were an applicant's special 10
purpose registration; and 11
(d) a general registrant were a special purpose registrant; and 12
(e) a certificate of general registration were a certificate of special 13
purpose registration. 14
145 Matters that may be considered in deciding applications for 15
renewal of special purpose registrations 16
In deciding whether to renew a special purpose registration, the board 17
may have regard to the matters to which the board may have regard in 18
deciding whether a proposed special purpose registrant is eligible for 19
special purpose registration.38 20
146 Imposition of conditions by board 21
(1) The board may decide to renew a special purpose registration on 22
conditions the board considers necessary or desirable for the registrant to 23
competently and safely undertake the activity the subject of the 24
registration. 25
37 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for
renewal of general registrations) and 3 (Decision on applications), section 77 (Steps
to be taken after application decided)
38 See section 131(2).
s 147 92 s 149
Medical Practitioners Registration Bill 2001
(2) If the board decides to renew a special purpose registration on 1
conditions, it must as soon as practicable give the registrant an information 2
notice about the decision. 3
(3) To remove doubt, it is declared that any conditions attaching to the 4
registration immediately before its renewal do not continue to apply to the 5
registration on its renewal. 6
147 Period of renewed special purpose registration 7
(1) If the board decides to renew a special purpose registration, the 8
registration remains in force for the period, not more than 1 year, decided 9
by the board when deciding to renew the registration. 10
(2) However, for a special purpose registration under section 137, the 11
total period of the registration, including any renewal of the registration, 12
must not be more than 1 year. 13
Subdivision 4--Cancellation of special purpose registrations 14
148 Application of div 6 15
For cancelling a special purpose registration, division 6, other than 16
section 84, applies as if39-- 17
(a) a general registration were a special purpose registration; and 18
(b) a certificate of general registration were a certificate of special 19
purpose registration. 20
149 Grounds for cancellation 21
Each of the following is a ground for cancelling a special purpose 22
registration-- 23
(a) the registrant has practised the profession other than for the 24
activity for which the registrant is registered; 25
(b) the registrant has been convicted of an indictable offence; 26
39 Division 6 (Cancellation of general registrations), section 84 (Grounds for
cancellation)
s 150 93 s 150
Medical Practitioners Registration Bill 2001
(c) the registrant has been convicted of an offence against this Act, 1
the Health Practitioners (Professional Standards) Act 1999 or a 2
corresponding law; 3
(d) the registrant has contravened a condition of the registration; 4
(e) the registrant was registered because of a materially false or 5
misleading representation or declaration. 6
Subdivision 5--Removal of conditions 7
150 Removal 8
(1) This section applies if the board reasonably believes the conditions 9
imposed on a special purpose registration under this Act are no longer 10
necessary or desirable for the registrant to competently and safely 11
undertake the activity the subject of the registration. 12
(2) The board must decide to remove the conditions. 13
(3) The board must give the registrant notice of the decision as soon as 14
practicable after it is made. 15
(4) The registrant must return the certificate of special purpose 16
registration to the board within 14 days after receiving the notice, unless 17
the registrant has a reasonable excuse. 18
Maximum penalty--10 penalty units. 19
(5) On receiving the certificate, the board must-- 20
(a) amend the certificate in an appropriate way and return the 21
amended certificate to the registrant; or 22
(b) if the board does not consider it practicable to amend the 23
certificate--issue another certificate of special purpose 24
registration to the registrant to replace the certificate returned to 25
the board. 26
(6) The removal takes effect when notice of the decision is given to the 27
registrant and does not depend on the certificate of special purpose 28
registration being amended to record the removal or a replacement 29
certificate of special purpose registration being issued. 30
s 151 94 s 153
Medical Practitioners Registration Bill 2001
Division 11--General provisions about registrations 1
151 Person is taken to be registered under this part 2
(1) This section applies if, under this Act, an entity decides to-- 3
(a) register a person; or 4
(b) restore a person's registration. 5
(2) The person is taken to be registered under this part. 6
152 Surrender of registrations 7
(1) A registrant may surrender the registration by notice given to the 8
board.40 9
(2) The surrender takes effect-- 10
(a) on the day the notice is given to the board; or 11
(b) if a later day of effect is stated in the notice, on the later day. 12
(3) The registrant must return the certificate of registration to the board 13
within 14 days after the day the surrender takes effect, unless the registrant 14
has a reasonable excuse. 15
Maximum penalty for subsection (3)--10 penalty units. 16
153 Replacement of certificates of registration 17
(1) A registrant may apply to the board for the replacement of the 18
certificate of registration if it has been lost, stolen, destroyed or damaged. 19
(2) The board must consider the application and decide to grant, or 20
refuse to grant, the application. 21
(3) The board must decide to grant the application if it is satisfied the 22
certificate has been lost, stolen or destroyed, or damaged in a way to 23
require its replacement. 24
(4) If the board decides to grant the application, it must on payment of 25
the fee prescribed under a regulation-- 26
40 See section 127 (Effect on specialist registration if general registration ceases to
have effect).
s 154 95 s 156
Medical Practitioners Registration Bill 2001
(a) replace the lost, stolen, destroyed or damaged certificate with 1
another certificate of registration; and 2
(b) give the replacement certificate of registration to the applicant. 3
(5) If the board decides to refuse to grant the application, it must as soon 4
as practicable give the applicant an information notice about the decision. 5
154 Certified copy of certificates of registration 6
A registrant may, on payment of the fee prescribed under a regulation, 7
obtain from the board a certified copy of the certificate of registration. 8
155 Notification of change in circumstances 9
A registrant must, within 21 days after the happening of a change in the 10
registrant's circumstances prescribed under a regulation, advise the board 11
of the change. 12
Maximum penalty--10 penalty units. 13
156 Notification of certain events to interstate regulatory authorities 14
and other entities 15
(1) This section applies if-- 16
(a) a person's general registration, specialist registration or special 17
purpose registration is cancelled under this Act; or 18
(b) conditions are imposed under this Act on a person's general 19
registration, specialist registration or special purpose registration; 20
or 21
(c) conditions on a person's general registration, specialist 22
registration or special purpose registration are removed under 23
this Act. 24
(2) As soon as practicable after an event mentioned in subsection (1) 25
happens, the board must give notice about the event to each interstate 26
regulatory authority with which the board is aware the person is registered. 27
(3) Also, the board may give notice about the event to any of the 28
following-- 29
(a) the chief executive; 30
(b) other State regulatory authorities; 31
s 157 96 s 157
Medical Practitioners Registration Bill 2001
(c) foreign regulatory authorities; 1
(d) professional colleges of which the person is eligible to be a 2
member; 3
(e) professional associations of which the person is eligible to be a 4
member; 5
(f) an employer of the person; 6
(g) the Health Insurance Commission; 7
(h) the Health Rights Commissioner; 8
(i) the Minister; 9
(j) another entity having a connection with the person's practice as a 10
general or special purpose registrant. 11
(4) However, the board must not give a notice about the event to an 12
entity under subsection (3) unless the board reasonably believes-- 13
(a) the entity needs to know about the event; and 14
(b) giving the entity notice about the event will assist in achieving 15
the objects of this Act. 16
(5) A notice under this section may include the information the board 17
considers appropriate in the circumstances. 18
(6) In this section-- 19
"impose", a condition, does not include confirm the condition. 20
"State regulatory authorities" means boards established under the health 21
practitioner registration Acts. 22
PART 4--OBLIGATIONS OF REGISTRANTS AND 23
OTHER PERSONS 24
Division 1--Restricted titles and holding out 25
157 Taking of restricted titles etc. 26
(1) A person who is not a registrant must not take or use a restricted title. 27
s 157 97 s 157
Medical Practitioners Registration Bill 2001
Maximum penalty--1 000 penalty units. 1
2
Example of an individual taking or using a restricted title--
3
AB describes himself or herself as `AB, medical practitioner'.
4
Examples of a corporation taking or using a restricted title--
5
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, medical practitioners'.
6
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 7
(a) the title is taken or used as part of a business name for a business 8
providing professional services; and 9
(b) in the carrying on of the business by the person, a registrant 10
provides professional services. 11
(3) Also, subsection (1) does not apply if-- 12
(a) the person is undertaking study or training in the practice of the 13
profession to obtain a qualification for registration; and 14
(b) the person takes or uses the title, in the course of the study or 15
training, in conjunction with words that indicate the person is a 16
student or trainee in the profession. 17
(4) A person (the "first person") must not, in relation to another person 18
who the first person knows or ought reasonably to know is not a registrant, 19
use a restricted title. 20
Maximum penalty--1 000 penalty units. 21
(5) Subsection (4) does not apply if-- 22
(a) the other person is undertaking study or training in the practice of 23
the profession to obtain a qualification for registration; and 24
(b) the first person uses the title in relation to the other person, in the 25
course of the study or training, in conjunction with words that 26
indicate the other person is a student or trainee in the profession. 27
(6) A person who is not a registrant must not take or use a title (other 28
than a restricted title), name, initial, symbol, word or description that, 29
having regard to the circumstances in which it is taken or used, indicates or 30
could be reasonably understood to indicate-- 31
(a) the person is a medical practitioner; or 32
(b) the person is authorised or qualified to practise the profession. 33
Maximum penalty--500 penalty units. 34
s 158 98 s 158
Medical Practitioners Registration Bill 2001
(7) A person (the "first person") must not, in relation to another person 1
who the first person knows or ought reasonably to know is not a registrant, 2
use a title (other than a restricted title), name, initial, symbol, word or 3
description that, having regard to the circumstances in which it is used, 4
indicates or could be reasonably understood to indicate-- 5
(a) the other person is a medical practitioner; or 6
(b) the other person is authorised or qualified to practise the 7
profession. 8
Maximum penalty--500 penalty units. 9
(8) In this section, `medical practitioner' is not limited by the meaning of 10
the term in the dictionary in schedule 3. 11
158 Taking of restricted specialist title etc. by person 12
(1) A person who is not a specialist registrant or provisional specialist 13
registrant in a specialty must not take or use a restricted specialist title for 14
the specialty. 15
Maximum penalty--1 000 penalty units. 16
(2) Subsection (1) does not apply to a person if-- 17
(a) the person takes or uses a restricted specialist title for a specialty 18
as part of a business name for a business providing professional 19
services in the specialty; and 20
(b) in the carrying on of the business by the person, a specialist 21
registrant or provisional specialist registrant in the specialty 22
provides professional services in the specialty. 23
(3) Also, subsection (1) does not apply to a person if the person-- 24
(a) is registered as a special purpose registrant or provisional special 25
purpose registrant for a special purpose that involves the practice 26
of the specialty; or 27
(b) takes or uses a title that consists of, or includes, a restricted 28
specialist title, other than for the purposes of providing a health 29
service. 30
31
Example for subsection (3)(b)--
32
If the title `surgeon' were prescribed as a restricted specialist title for a
33
specialty, a person using the title `veterinary surgeon', and not providing a
34
health service, would not commit an offence under this paragraph.
s 159 99 s 159
Medical Practitioners Registration Bill 2001
(4) In addition, subsection (1) does not apply to a person if-- 1
(a) the person is registered under the Dental Practitioners 2
Registration Act 2001; and 3
(b) otherwise than in contravention of that Act, the person takes or 4
uses a restricted title or restricted specialist title, within the 5
meaning of that Act, that is also a restricted specialist title within 6
the meaning of this Act. 7
(5) A person must not use the word `specialist' or `specialty' in 8
circumstances that indicate, or could be reasonably understood to indicate, 9
the person provides professional services in an area that is not a specialty. 10
Maximum penalty for subsection (5)--1 000 penalty units. 11
159 Using restricted specialist title in relation to other person 12
(1) A person (the "first person") must not, in relation to another person 13
who the first person knows or ought reasonably to know is not a specialist 14
registrant, or a provisional specialist registrant, in a specialty, use a 15
restricted specialist title for the specialty. 16
Maximum penalty--1 000 penalty units. 17
(2) Subsection (1) does not apply to the first person if the other person is 18
registered as a special purpose registrant or a provisional special purpose 19
registrant for a purpose that involves the practice of the specialty. 20
(3) Also, subsection (1) does not apply to the first person if the use of the 21
restricted specialist title could not reasonably be taken to indicate the other 22
person provides a health service. 23
(4) In addition, subsection (1) does not apply to the first person if-- 24
(a) the other person is registered under the Dental Practitioners 25
Registration Act 2001; and 26
(b) otherwise than in contravention of that Act, the first person uses a 27
restricted title or restricted specialist title within the meaning of 28
that Act in relation to the other person and the title is also a 29
restricted specialist title within the meaning of this Act. 30
(5) A person (the "first person") must not, in relation to another person 31
(the "second person") use the word `specialist' or `specialty' in 32
circumstances that indicate, or could be reasonably understood to indicate, 33
s 160 100 s 162
Medical Practitioners Registration Bill 2001
the second person provides professional services in an area that is not a 1
specialty. 2
Maximum penalty for subsection (5)--1 000 penalty units. 3
160 Use of title `doctor' 4
(1) This section applies to a registrant using the title of doctor. 5
(2) The registrant does not commit an offence against the Higher 6
Education (General Provisions) Act 1993, section 8(3),41 so far as that 7
subsection applies to the higher education award of the title of doctor if the 8
use is intended to indicate, and could be reasonably understood to indicate, 9
merely that the registrant is a medical practitioner. 10
(3) In this section-- 11
"title" includes description and status. 12
161 Claims by persons as to registration 13
A person who is not a registrant must not-- 14
(a) claim, or hold himself or herself out, to be registered under this 15
Act; or 16
(b) allow himself or herself to be held out as being registered under 17
this Act; or 18
(c) claim, or hold himself or herself out, to be eligible to be 19
registered under this Act. 20
Maximum penalty--1 000 penalty units. 21
162 Claims by persons as to other persons' registration 22
(1) A person must not hold out another person as being registered under 23
this Act if the person knows, or ought reasonably to know, the other person 24
is not registered under this Act. 25
Maximum penalty--1 000 penalty units. 26
41 Higher Education (General Provisions) Act 1993, section 8 (Limitation on
conferring or using certain awards)
s 163 101 s 163
Medical Practitioners Registration Bill 2001
1
Example--
2
A person carrying on a business providing professional services must not hold out that
3
an employee of the person is registered under this Act if the person knows the
4
employee is not registered under this Act.
(2) A person must not hold out another person as being a specialist 5
registrant if the person knows, or ought reasonably to know, the other 6
person is not a specialist registrant. 7
Maximum penalty--1 000 penalty units. 8
(3) A person must not hold out another person as being registered under 9
this Act in a particular specialty if the person knows, or ought reasonably to 10
know, the other person is not registered under this Act in the specialty. 11
Maximum penalty for subsection (3)--1 000 penalty units. 12
163 Restrictions on certain registrants 13
(1) A person who is a special purpose registrant or provisional special 14
purpose registrant must not-- 15
(a) claim, or hold himself or herself out, to be a general registrant or 16
provisional general registrant; or 17
(b) allow himself or herself to be held out as being a general 18
registrant or provisional general registrant; or 19
(c) claim, or hold himself or herself out, to be eligible to be a general 20
registrant or provisional general registrant. 21
Maximum penalty--100 penalty units. 22
(2) A registrant who is not a specialist registrant or provisional specialist 23
registrant must not-- 24
(a) claim, or hold himself or herself out, to be a specialist registrant 25
or provisional specialist registrant; or 26
(b) allow himself or herself to be held out as being a specialist 27
registrant or provisional specialist registrant; or 28
(c) claim, or hold himself or herself out, to be entitled to be a 29
specialist registrant or provisional specialist registrant. 30
Maximum penalty--100 penalty units. 31
(3) A registrant who is not a specialist registrant, or a provisional 32
specialist registrant, in a specialty must not-- 33
s 164 102 s 164
Medical Practitioners Registration Bill 2001
(a) claim, or hold himself or herself out, to be a specialist registrant 1
or provisional specialist registrant in the specialty; or 2
(b) allow himself or herself to be held out as being a specialist 3
registrant or provisional specialist registrant in the specialty; or 4
(c) claim, or hold himself or herself out, to be entitled to be a 5
specialist registrant or provisional specialist registrant in the 6
specialty. 7
Maximum penalty for subsection (3)--100 penalty units. 8
164 Restrictions on provisional registrants 9
(1) A person who is a provisional general registrant must not-- 10
(a) claim, or hold himself or herself out, to be a general registrant; or 11
(b) allow himself or herself to be held out as being a general 12
registrant; or 13
(c) claim, or hold himself or herself out, to be eligible to be a general 14
registrant. 15
Maximum penalty--100 penalty units. 16
(2) A person who is a provisional special purpose registrant must not-- 17
(a) claim, or hold himself or herself out, to be a special purpose 18
registrant; or 19
(b) allow himself or herself to be held out as being a special purpose 20
registrant; or 21
(c) claim, or hold himself or herself out, to be eligible to be a special 22
purpose registrant. 23
Maximum penalty--100 penalty units. 24
(3) A person who is a provisional specialist registrant must not-- 25
(a) claim, or hold himself or herself out, to be a specialist registrant; 26
or 27
(b) allow himself or herself to be held out as being a specialist 28
registrant; or 29
(c) claim, or hold himself or herself out, to be eligible to be a 30
specialist registrant. 31
Maximum penalty for subsection (3)--100 penalty units. 32
s 165 103 s 166
Medical Practitioners Registration Bill 2001
165 Restrictions on registrants registered on conditions 1
A registrant who is registered on conditions, including, for example, 2
probationary conditions, must not-- 3
(a) claim, or hold himself or herself out, to be registered without the 4
conditions or any conditions; or 5
(b) allow himself or herself to be held out as being registered without 6
the conditions or any conditions. 7
Maximum penalty--100 penalty units. 8
Division 2--Notification of business names and other details 9
166 Notification of business names etc. 10
(1) A registrant must, before carrying on a business providing 11
professional services under a business name other than the registrant's own 12
name, give the board notice of the business name. 13
Maximum penalty--10 penalty units. 14
(2) Subsection (1) applies whether or not the business name is registered 15
under the Business Names Act 1962. 16
(3) An individual who is not a registrant must, before carrying on a 17
business providing professional services, give the board notice of-- 18
(a) the business name of the business (whether or not the name is 19
registered under the Business Names Act 1962); and 20
(b) the name and address of the individual. 21
Maximum penalty--10 penalty units. 22
(4) A corporation must, before carrying on a business providing 23
professional services, give the board notice of-- 24
(a) the business name of the business (whether or not the name is 25
registered under the Business Names Act 1962); and 26
(b) the name and principal address of the corporation; and 27
(c) the names and addresses of-- 28
(i) if the corporation is a corporation under the Corporations 29
Law--the directors of the corporation; or 30
s 167 104 s 168
Medical Practitioners Registration Bill 2001
(ii) if the corporation is not a corporation under the 1
Corporations Law--the members of the governing body of 2
the corporation. 3
Maximum penalty for subsection (4)--50 penalty units. 4
167 Notification of change in business names etc. 5
(1) This section applies if-- 6
(a) a person has given the board a notice under section 166; and 7
(b) there is a change in the information contained in the notice. 8
(2) The person must, within 14 days after the happening of the change, 9
give the board notice of the change. 10
Maximum penalty--10 penalty units. 11
(3) The person does not commit an offence against section 166 during 12
the period of 14 days after the happening of the change if the person 13
complies with subsection (2). 14
Division 3--Advertising 15
168 Obligations of advertisers 16
(1) A person must not advertise a professional service, or a business 17
providing professional services, in a way that-- 18
(a) is false, misleading or deceptive or is likely to be misleading or 19
deceptive; or 20
21
Example for paragraph (a)--
22
An advertisement that contains a false claim about the beneficial outcome
23
of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 24
use the service or the business, unless the advertisement also 25
states the terms of the offer; or 26
(c) refers to, uses or cites actual or purported endorsements or 27
testimonials about the service or business, or a registrant; or 28
(d) is disparaging of-- 29
(i) a professional service provided by another person; or 30
s 169 105 s 170
Medical Practitioners Registration Bill 2001
(ii) a business providing professional services; or 1
(iii) a registrant. 2
Maximum penalty--200 penalty units. 3
(2) A person must not advertise a professional service that the person 4
knows or ought reasonably to know will, or is likely to, harm a person to 5
whom it is provided. 6
Maximum penalty--200 penalty units. 7
(3) A person must not advertise a registrant's expertise in a field of 8
practice of the profession unless the registrant has the skills, knowledge, 9
training or qualifications necessary to practise in the field. 10
Maximum penalty--200 penalty units. 11
(4) A printer or publisher does not commit an offence against 12
subsection (1), (2) or (3) merely by, as part of his or her business, printing 13
or publishing an advertisement for another person. 14
169 Information to appear in advertisements 15
(1) A person must not advertise a professional service, or a business 16
providing professional services, unless-- 17
(a) if a registrant provides the service, or carries on the business, 18
under a business name that is the registrant's own name--the 19
registrant's name is stated in the advertisement; or 20
(b) otherwise--the business name notified to the board under 21
section 166(1), (3) or (4) is stated in the advertisement. 22
Maximum penalty--50 penalty units. 23
(2) A printer or publisher does not commit an offence against 24
subsection (1) merely by, as part of his or her business, printing or 25
publishing an advertisement for another person. 26
Division 4--Registrants' autonomy 27
170 Aiding, abetting etc. conduct that is a ground for disciplinary 28
action 29
(1) A person must not aid, abet, counsel, procure or induce a registrant to 30
engage in conduct that the person is aware, or ought reasonably be aware, 31
s 171 106 s 171
Medical Practitioners Registration Bill 2001
is conduct forming the basis for a ground for disciplinary action against a 1
registrant mentioned in the Health Practitioners (Professional Standards) 2
Act 1999, section 124(1).42 3
Maximum penalty--1 000 penalty units. 4
(2) To remove doubt, it is declared that a registrant may be induced by 5
threats or promises. 6
Division 5--Court orders and injunctions 7
171 Persons may be prohibited from supplying health services etc. 8
(1) This section applies if a person is convicted of an offence against 9
section 157, 158, 159, 161, 162, 168(1)(a), (2) or (3), 170(1) or 174.43 10
(2) The court sentencing the person for the offence may, on its own 11
initiative or the application of the prosecutor, make an order under 12
subsection (3) or (5). 13
(3) The court may make an order, applying for a period decided by the 14
court-- 15
(a) prohibiting the person from providing, or carrying on or 16
managing a business providing, a health service; or 17
(b) prohibiting the person from having a financial interest in a 18
business providing a health service; or 19
(c) if the person is a corporation, prohibiting an executive officer of 20
the corporation, who was in a position to influence the conduct of 21
the corporation in relation to the offence, from managing a 22
corporation that carries on a business providing a health service. 23
(4) For subsection (3)(c), a person manages a corporation if the person is 24
a director, or is in any way concerned in or takes part in the management 25
of, the corporation. 26
42 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
43 Section 157 (Taking of restricted titles etc.), 158 (Taking of restricted specialist title
etc. by person), 159 (Using restricted specialist title in relation to other person), 161
(Claims by persons as to registration), 162 (Claims by persons as to other persons'
registration), 168 (Obligations of advertisers), 170 (Aiding, abetting etc. conduct
that is a ground for disciplinary action) or 174 (Offence for taking reprisal)
s 172 107 s 172
Medical Practitioners Registration Bill 2001
(5) Also, the court may make an order, applying for a period decided by 1
the court-- 2
(a) prohibiting the person from entering into commercial 3
arrangements with a person who provides, carries on or manages 4
a business providing, a health service; or 5
(b) if the person is a corporation, prohibiting an executive officer of 6
the corporation, who was in a position to influence the conduct of 7
the corporation in relation to the offence, from entering into 8
commercial arrangements with a person who provides, carries on 9
or manages a business providing, a health service. 10
(6) An order under subsection (3) or (5) may apply generally or be 11
limited in its application by reference to specified conditions, exceptions or 12
factors. 13
(7) A reference in subsection (5) to a person entering into commercial 14
arrangements includes the entering into commercial arrangements on 15
behalf of another person. 16
(8) A person must not contravene an order under subsection (3) or (5). 17
Maximum penalty for subsection (8)--1 000 penalty units. 18
172 Injunctions 19
(1) This section applies if-- 20
(a) a person (the "offending party")-- 21
(i) has engaged, is engaging or is proposing to engage in 22
conduct; or 23
(ii) has failed, is failing or is proposing to fail to do anything; 24
and 25
(b) the conduct or failure constituted, constitutes or would constitute 26
a contravention of section 157, 158, 159, 161, 162, 168(1)(a), (2) 27
or (3) or 170(1). 28
(2) Application may be made to the court under this section for an 29
injunction in relation to the conduct or failure. 30
(3) The application may be made by the board or a person authorised in 31
writing by the board. 32
(4) The court may grant an interim injunction under this section until the 33
application is finally decided. 34
s 172 108 s 172
Medical Practitioners Registration Bill 2001
(5) On considering the application for the injunction, the court may-- 1
(a) in a case to which subsection (1)(a)(i) applies--grant an 2
injunction restraining the offending party from engaging in the 3
conduct concerned and, if in the court's opinion it is desirable to 4
do so, requiring the offending party to do anything; or 5
(b) in a case to which subsection (1)(a)(ii) applies--grant an 6
injunction requiring the offending party to do the thing 7
concerned. 8
(6) The court may grant the injunction-- 9
(a) if the court is satisfied that the offending party has engaged in the 10
conduct, or failed to do the thing, mentioned in subsection (1), 11
whether or not it appears to the court that the offending party 12
intends-- 13
(i) to engage again, or continue to engage, in the conduct; or 14
(ii) to again fail, or continue to fail, to do the thing; or 15
(b) if it appears to the court that, if the injunction is not granted, it is 16
likely that the offending party will engage in the conduct, or fail 17
to do the thing, mentioned in subsection (1), whether or not the 18
offending party has previously engaged in the conduct or failed 19
to do the thing. 20
(7) The court may grant the injunction on the terms the court considers 21
appropriate. 22
(8) Also, the court may grant an injunction requiring the offending party 23
to take stated action (including action to disclose information or publish 24
advertisements) to remedy any adverse effects of the offending party's 25
conduct or failure. 26
(9) The court may discharge an injunction granted under this section at 27
any time. 28
(10) The powers conferred on the court by this section are in addition to, 29
and do not limit, any other powers of the court. 30
(11) In this section-- 31
"court" means-- 32
(a) if proceedings for an offence relating to the conduct or failure are 33
pending in a Magistrates Court--the Magistrates Court; or 34
(b) in any case--the District Court. 35
s 173 109 s 175
Medical Practitioners Registration Bill 2001
Division 6--Reprisals 1
173 Reprisal and grounds for reprisals 2
(1) A person must not cause, or attempt or conspire to cause, detriment 3
to another person because, or in the belief that-- 4
(a) anybody has given, or may give, information or assistance to the 5
board or an inspector about a person's alleged contravention of 6
division 1 or section 168(1)(a), (2) or (3) or 170(1);44 or 7
(b) anybody has given, or may give, evidence to the court in 8
proceedings for an offence against division 1 or 9
section 168(1)(a), (2) or (3) or 170(1). 10
(2) An attempt to cause detriment includes an attempt to induce a person 11
to cause detriment. 12
(3) A contravention of subsection (1) is a reprisal or the taking of a 13
reprisal. 14
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 15
the unlawful ground for the reprisal. 16
(5) For the contravention mentioned in subsection (3) to happen, it is 17
sufficient if the unlawful ground is a substantial ground for the act or 18
omission that is the reprisal, even if there is another ground for the act or 19
omission. 20
174 Offence for taking reprisal 21
A person who takes a reprisal commits an offence. 22
Maximum penalty--167 penalty units or 2 years imprisonment. 23
175 Damages entitlement for reprisal 24
(1) A reprisal is a tort and a person who takes a reprisal is liable in 25
damages to any person who suffers detriment as a result. 26
44 Division 1 (Restricted titles and holding out), section 168 (Obligations of
advertisers) or 170 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 176 110 s 177
Medical Practitioners Registration Bill 2001
(2) Any appropriate remedy that may be granted by a court for a tort may 1
be granted by a court for the taking of a reprisal. 2
(3) If the claim for damages goes to trial in the Supreme Court or the 3
District Court, it must be decided by a judge sitting without a jury. 4
Division 7--Other provisions 5
176 Protection for registrants providing information about crimes to 6
police officers 7
(1) This section applies to a registrant who obtains information, while 8
acting in the registrant's professional capacity, that the registrant honestly 9
and reasonably believes indicates a crime has taken place. 10
(2) The registrant is not liable, civilly, criminally or under an 11
administrative process, for giving the information about the crime or the 12
circumstances of the crime to a police officer. 13
(3) Without limiting subsection (2)-- 14
(a) in a proceeding for defamation the registrant has a defence of 15
absolute privilege for publishing the information; and 16
(b) if the registrant would otherwise be required to maintain 17
confidentiality about the given information under an Act, oath, 18
rule of law or practice, the registrant-- 19
(i) does not contravene the Act, oath, rule of law or practice by 20
giving the information; and 21
(ii) is not liable to disciplinary action for giving the 22
information. 23
(4) In this section-- 24
"crime" includes an attempted crime. 25
177 Payment, or acceptance of payment, for referrals prohibited 26
(1) This section applies to a registrant, or a person carrying on a business 27
providing professional services, (the "service provider"). 28
(2) The service provider must not, directly or indirectly, pay an amount 29
or give another benefit, or attempt to pay an amount or give another 30
s 178 111 s 179
Medical Practitioners Registration Bill 2001
benefit, to a person in return for the person referring another person to the 1
service provider or service provider's business. 2
Maximum penalty--200 penalty units. 3
(3) The service provider must not, directly or indirectly, accept payment 4
or another benefit for referring a user of the professional services provided 5
by the service provider, or service provider's business, to a person 6
providing, or carrying on a business providing, a health service. 7
Maximum penalty for subsection (3)--200 penalty units. 8
PART 5--INTERN TRAINING PROGRAMS AND 9
INTERN TRAINING SECONDMENT PROGRAMS 10
Division 1--Preliminary 11
178 Definition for pt 5 12
In this part-- 13
"program" means-- 14
(a) an intern training program; or 15
(b) an intern training secondment program. 16
Division 2--Accreditation of a program 17
179 Application for accreditation 18
(1) A person may apply to the board for accreditation of a program. 19
(2) The application must-- 20
(a) be in the approved form; and 21
(b) be accompanied by-- 22
(i) the fee prescribed under a regulation; and 23
(ii) any other documents, identified in the approved form, the 24
board reasonably requires. 25
s 180 112 s 182
Medical Practitioners Registration Bill 2001
(3) Information in the application must, if the approved form requires, be 1
verified by a statutory declaration. 2
180 Criteria for applications 3
(1) The board may grant the application only if it is satisfied the standard 4
of postgraduate medical education offered by the program is sufficient to 5
enable interns who undertake the program to gain the skills and knowledge 6
in clinical medical practice necessary to competently and safely practise 7
the profession. 8
(2) In deciding the application, the board may have regard to the 9
following-- 10
(a) the structure and content of the program; 11
(b) the nature of the assessment, and supervision, of interns by 12
clinical teaching staff to take place under the program; 13
(c) the intern training facilities that will be available under the 14
program; 15
(d) the advice and recommendations of a body recognised by the 16
board as competent to assess standards of postgraduate medical 17
education. 18
181 Inquiries into applications 19
(1) Before deciding the application, the board may by notice given to the 20
applicant, require the applicant to give the board, within a reasonable 21
period of at least 30 days stated in the notice, further information or a 22
document the board reasonably requires to decide the application. 23
(2) The applicant is taken to have withdrawn the application if, within 24
the stated period, the applicant does not comply with the requirement. 25
(3) A notice under subsection (1) must be given to the applicant within 26
60 days after the board receives the application. 27
182 Decision 28
(1) The board must consider the application and decide to accredit, or 29
refuse to accredit, the program. 30
s 183 113 s 185
Medical Practitioners Registration Bill 2001
(2) If it decides to accredit the program, the board must as soon as 1
practicable issue an accreditation certificate for the program to the 2
applicant. 3
(3) If it decides to refuse to accredit the program, the board must as soon 4
as practicable give the applicant an information notice about the decision. 5
183 Failure to decide applications 6
(1) Subject to subsections (2) and (3), if the board fails to decide the 7
application within 60 days after its receipt, the failure is taken to be a 8
decision by the board to refuse to accredit the program. 9
(2) Subsection (3) applies if-- 10
(a) an applicant has made an application for accreditation of a 11
program; and 12
(b) the board has, under section 181(1), required the applicant to 13
give the board further information or a document. 14
(3) The board is taken to have decided to refuse to accredit the program 15
if the board does not decide the application by the day that is 60 days after 16
the board receives the further information or document. 17
184 Accreditation certificate 18
(1) An accreditation certificate for a program must be in the approved 19
form. 20
(2) The approved form must provide for the inclusion of the following-- 21
(a) the program to which the certificate relates; 22
(b) the name of the holder of the accreditation certificate for the 23
program; 24
(c) the period of accreditation; 25
(d) details of the name and address of the hospital at which the 26
program is based. 27
185 Period 28
The period of accreditation that is to apply to a program is the period, 29
not more than 4 years, stated in the accreditation certificate for the 30
program. 31
s 186 114 s 188
Medical Practitioners Registration Bill 2001
Division 3--Renewal of accreditation 1
186 Applications for renewal 2
(1) The holder of an accreditation certificate for a program may apply to 3
the board for the renewal of the accreditation within the period starting 4
60 days before the period of the accreditation ends. 5
(2) The application must-- 6
(a) be in the approved form; and 7
(b) be accompanied by-- 8
(i) the fee prescribed under a regulation; and 9
(ii) any other documents, identified in the approved form, the 10
board reasonably requires. 11
187 Inquiries into applications 12
(1) Before deciding the application, the board may, by notice given to 13
the applicant, require the applicant to give the board, within a reasonable 14
period of at least 30 days stated in the notice, further information or a 15
document the board reasonably considers is needed to decide the 16
application. 17
(2) The applicant is taken to have withdrawn the application if, within 18
the stated period, the applicant does not comply with the requirement. 19
188 Accreditation taken to be in force while application is considered 20
(1) If an application is made under section 186, the accreditation is taken 21
to continue in force from the day that it would, apart from this section, have 22
expired until the application is decided under section 189 or taken to have 23
been withdrawn under section 187(2). 24
(2) However, if the application is refused, the accreditation continues in 25
force until the information notice for the decision is given to the applicant. 26
(3) Subsection (1) does not apply if the accreditation is earlier cancelled. 27
s 189 115 s 191
Medical Practitioners Registration Bill 2001
189 Decision 1
(1) The board must consider the application and renew, or refuse to 2
renew, the accreditation. 3
(2) In making its decision, the board may have regard to the matters to 4
which the board may have regard in deciding whether to accredit a 5
program.45 6
(3) If it decides to refuse to renew the accreditation, the board must as 7
soon as practicable give the applicant an information notice about the 8
decision. 9
(4) If it decides to renew the accreditation, it must as soon as 10
practicable-- 11
(a) endorse the existing accreditation certificate for the program; or 12
(b) cancel the existing certificate and issue another accreditation 13
certificate for the program. 14
Division 4--Cancellation of accreditation 15
190 Ground for cancellation 16
(1) The accreditation for a program may be cancelled, under this 17
division, on the ground that it is no longer appropriate for the program to 18
continue to be accredited. 19
(2) For forming a belief that the ground exists, the board may have 20
regard to the matters to which the board may have regard in deciding 21
whether to accredit a program.46 22
191 Show cause notice 23
(1) If the board believes the ground exists to cancel the accreditation for 24
a program, the board must before taking action to cancel the accreditation 25
give the holder of the accreditation certificate for the program a notice (a 26
"show cause notice"). 27
(2) The show cause notice must state the following-- 28
45 See section 180 for a list of the matters.
46 See section 180 for a list of the matters.
s 192 116 s 194
Medical Practitioners Registration Bill 2001
(a) that the board proposes to cancel the accreditation under this 1
division; 2
(b) the ground for the proposed cancellation; 3
(c) an outline of the facts and circumstances forming the basis for 4
the ground; 5
(d) an invitation to the holder to show within a stated period (the 6
"show cause period") why the board should not cancel the 7
accreditation. 8
(3) The show cause period must be a period ending not less than 30 days 9
after the show cause notice is given to the holder. 10
192 Representations about show cause notices 11
(1) The holder of the accreditation certificate may make written 12
representations about the show cause notice to the board in the show cause 13
period. 14
(2) The board must consider all written representations made under 15
subsection (1). 16
193 Ending show cause process without further action 17
(1) This section applies if, after considering the representations for the 18
show cause notice, the board no longer believes the ground exists to cancel 19
the accreditation. 20
(2) The board must not take any further action about the show cause 21
notice. 22
(3) Notice that no further action is to be taken about the show cause 23
notice must be given to the holder of the accreditation certificate by the 24
board. 25
194 Cancellation 26
(1) This section applies if, after considering the representations for the 27
show cause notice, the board-- 28
(a) still believes the ground exists to cancel the accreditation; and 29
(b) believes cancellation of the accreditation is warranted. 30
s 195 117 s 196
Medical Practitioners Registration Bill 2001
(2) This section also applies if there are no representations under 1
section 192(1) for the show cause notice. 2
(3) The board may decide to cancel the accreditation. 3
(4) The board must as soon as practicable give an information notice 4
about the decision to the holder of the accreditation certificate. 5
(5) The decision takes effect on-- 6
(a) the day the information notice is given to the holder; or 7
(b) if a later day of effect is stated in the information notice, the later 8
day. 9
195 Return of accreditation certificate to board 10
(1) This section applies if the board has cancelled the accreditation for a 11
program and given an information notice for the decision to the holder of 12
the accreditation certificate. 13
(2) The holder must return the accreditation certificate for the program 14
to the board within 14 days after receiving the information notice, unless 15
the holder has a reasonable excuse. 16
Maximum penalty for subsection (2)--10 penalty units. 17
Division 5--General provisions about accreditation 18
196 Surrender of accreditation 19
(1) The holder of the accreditation certificate for a program may 20
surrender the accreditation by notice given to the board. 21
(2) The surrender takes effect-- 22
(a) on the day the notice is given to the board; or 23
(b) if a later day of effect is stated in the notice, on the later day. 24
(3) The holder must return the accreditation certificate for the program 25
to the board within 14 days after the day the surrender takes effect, unless 26
the holder has a reasonable excuse. 27
Maximum penalty for subsection (3)--10 penalty units. 28
s 197 118 s 200
Medical Practitioners Registration Bill 2001
197 Replacement of accreditation certificates 1
(1) The holder of the accreditation certificate for a program may apply to 2
the board for the replacement of the certificate if it has been lost, stolen, 3
destroyed or damaged. 4
(2) The board must consider the application and either grant, or refuse to 5
grant, the application. 6
(3) The board must grant the application if the board is satisfied the 7
certificate has been lost, stolen or destroyed, or damaged in a way to 8
require its replacement. 9
(4) If the board grants the application, the board must, on payment of the 10
fee prescribed under a regulation, issue another certificate to the applicant 11
to replace the lost, stolen, destroyed or damaged certificate. 12
(5) If the board refuses to grant the application, the board must as soon 13
as practicable give the applicant an information notice about the decision. 14
PART 6--INVESTIGATION AND ENFORCEMENT 15
Division 1--Inspectors 16
198 Functions of inspectors 17
An inspector has the function of conducting investigations and 18
inspections to enforce compliance with this Act. 19
199 Powers of inspectors 20
For this Act, an inspector has the powers given to the person under this 21
Act. 22
200 Limitation on powers of inspectors 23
The powers of an inspector may be limited under a condition of 24
appointment. 25
s 201 119 s 203
Medical Practitioners Registration Bill 2001
Division 2--Appointment of inspectors and other matters 1
201 Appointments 2
The board may appoint the following persons as an inspector-- 3
(a) a member; 4
(b) the executive officer; 5
(c) if the executive officer has agreed to the appointment, a member 6
of the office's staff the board considers has the necessary 7
expertise or experience to be an inspector; 8
(d) another person the board considers has the necessary expertise or 9
experience to be an inspector. 10
202 Appointment conditions 11
(1) An inspector holds office on the conditions stated in the instrument 12
of appointment. 13
(2) An inspector ceases holding office-- 14
(a) if the appointment provides for a term of appointment--at the 15
end of the term; or 16
(b) if the conditions of appointment provide--on ceasing to hold 17
another office (the "main office") stated in the appointment 18
conditions. 19
(3) An inspector may resign by signed notice of resignation given to the 20
board. 21
(4) However, an inspector may not resign from the office of inspector 22
(the "secondary office") if a condition of the inspector's employment to 23
the main office requires the inspector to hold the secondary office. 24
203 Identity cards 25
(1) The board must give an identity card to each inspector. 26
(2) The identity card must-- 27
(a) contain a recent photograph of the inspector; and 28
(b) be signed by the inspector; and 29
s 204 120 s 206
Medical Practitioners Registration Bill 2001
(c) identify the person as an inspector for this Act; and 1
(d) include an expiry date for the card. 2
(3) This section does not prevent the issue of a single identity card to a 3
person for this Act and other Acts. 4
204 Failure to return identity card 5
A person who ceases to be an inspector must return the person's identity 6
card to the chairperson within 7 days after the person ceases to be an 7
inspector, unless the person has a reasonable excuse. 8
Maximum penalty--10 penalty units. 9
205 Production or display of inspector's identity card 10
(1) An inspector may exercise a power in relation to someone else (the 11
"other person") only if the inspector-- 12
(a) first produces the inspector's identity card for the other person's 13
inspection; or 14
(b) has the identity card displayed so it is clearly visible to the other 15
person. 16
(2) However, if for any reason it is not practicable to comply with 17
subsection (1) before exercising the power, the inspector must produce the 18
identity card for the other person's inspection at the first reasonable 19
opportunity. 20
Division 3--Powers of inspectors 21
Subdivision 1--Entry of places 22
206 Power to enter places 23
(1) An inspector may enter a place if-- 24
(a) its occupier consents to the entry; or 25
(b) it is a public place and the entry is made when the place is open 26
to the public; or 27
s 207 121 s 207
Medical Practitioners Registration Bill 2001
(c) the entry is authorised by a warrant. 1
(2) For the purpose of asking the occupier of a place for consent to enter, 2
an inspector may, without the occupier's consent or a warrant-- 3
(a) enter land around premises at the place to an extent that is 4
reasonable to contact the occupier; or 5
(b) enter part of the place the inspector reasonably considers 6
members of the public ordinarily are allowed to enter when they 7
wish to contact the occupier. 8
Subdivision 2--Procedure for entry 9
207 Entry with consent 10
(1) This section applies if an inspector intends to ask an occupier of a 11
place to consent to the inspector or another inspector entering the place 12
under section 206(1)(a). 13
(2) Before asking for the consent, the inspector must tell the occupier-- 14
(a) the purpose of the entry; and 15
(b) that the occupier is not required to consent. 16
(3) If the consent is given, the inspector may ask the occupier to sign an 17
acknowledgment of the consent. 18
(4) The acknowledgment must state-- 19
(a) the occupier has been told-- 20
(i) the purpose of the entry; and 21
(ii) that the occupier is not required to consent; and 22
(b) the purpose of the entry; and 23
(c) the occupier gives the inspector consent to enter the place and 24
exercise powers under this part; and 25
(d) the time and date the consent was given. 26
(5) If the occupier signs the acknowledgment, the inspector must 27
immediately give a copy to the occupier. 28
(6) A court must find the occupier of a place did not consent to an 29
inspector entering the place under this part if-- 30
s 208 122 s 209
Medical Practitioners Registration Bill 2001
(a) an issue arises in a proceeding before the court whether the 1
occupier of the place consented to the entry under 2
section 206(1)(a); and 3
(b) an acknowledgment mentioned in subsection (4) is not produced 4
in evidence for the entry; and 5
(c) it is not proved by the person relying on the lawfulness of the 6
entry that the occupier consented to the entry. 7
208 Application for warrant 8
(1) An inspector may apply to a magistrate for a warrant for a place. 9
(2) The application must be sworn and state the grounds on which the 10
warrant is sought. 11
(3) The magistrate may refuse to consider the application until the 12
inspector gives the magistrate all the information the magistrate requires 13
about the application in the way the magistrate requires. 14
15
Example--
16
The magistrate may require additional information supporting the application to be
17
given by statutory declaration.
209 Issue of warrant 18
(1) The magistrate may issue a warrant only if the magistrate is satisfied 19
there are reasonable grounds for suspecting-- 20
(a) there is a particular thing or activity (the "evidence") that may 21
provide evidence of an offence against this Act; and 22
(b) the evidence is at the place, or may be at the place within the next 23
7 days. 24
(2) The warrant must state-- 25
(a) that a stated inspector may, with necessary and reasonable help 26
and force-- 27
(i) enter the place and any other place necessary for entry; and 28
(ii) exercise the inspector's powers under this part; and 29
(b) the offence for which the warrant is sought; and 30
(c) the evidence that may be seized under the warrant; and 31
s 210 123 s 210
Medical Practitioners Registration Bill 2001
(d) the hours of the day or night when the place may be entered; and 1
(e) the date, within 14 days after the warrant's issue, the warrant 2
ends. 3
210 Special warrants 4
(1) An inspector may apply for a warrant (a "special warrant") by 5
phone, fax, radio or another form of communication if the inspector 6
considers it necessary because of-- 7
(a) urgent circumstances; or 8
(b) other special circumstances, including, for example, the 9
inspector's remote location. 10
(2) Before applying for the special warrant, the inspector must prepare 11
an application stating the grounds on which the warrant is sought. 12
(3) The inspector may apply for the special warrant before the 13
application is sworn. 14
(4) After issuing the special warrant, the magistrate must immediately 15
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 16
practicable to fax the copy. 17
(5) If it is not reasonably practicable to fax a copy to the inspector-- 18
(a) the magistrate must tell the inspector-- 19
(i) what the terms of the special warrant are; and 20
(ii) the date and time the special warrant was issued; and 21
(b) the inspector must complete a form of warrant (a "warrant 22
form") and write on it-- 23
(i) the magistrate's name; and 24
(ii) the date and time the magistrate issued the special warrant; 25
and 26
(iii) the terms of the special warrant. 27
(6) The facsimile warrant, or the warrant form properly completed by 28
the inspector, authorises the entry and the exercise of the other powers 29
stated in the special warrant issued. 30
(7) The inspector must, at the first reasonable opportunity, send to the 31
magistrate-- 32
s 211 124 s 211
Medical Practitioners Registration Bill 2001
(a) the sworn application; and 1
(b) if the inspector completed a warrant form, the completed warrant 2
form. 3
(8) On receiving the documents, the magistrate must attach them to the 4
special warrant. 5
(9) A court must find the exercise of the power by an inspector was not 6
authorised by a special warrant if-- 7
(a) an issue arises in a proceeding before the court whether the 8
exercise of the power was authorised by a special warrant 9
mentioned in subsection (1); and 10
(b) the special warrant is not produced in evidence; and 11
(c) it is not proved by the person relying on the lawfulness of the 12
entry that the inspector obtained the special warrant. 13
211 Warrants--procedure before entry 14
(1) This section applies if an inspector named in a warrant issued under 15
this part for a place is intending to enter the place under the warrant. 16
(2) Before entering the place, the inspector must do or make a 17
reasonable attempt to do the following things-- 18
(a) identify himself or herself to a person present at the place who is 19
an occupier of the place by producing a copy of the inspector's 20
identity card or other document evidencing the inspector's 21
appointment; 22
(b) give the person a copy of the warrant or, if the entry is authorised 23
by a facsimile warrant or warrant form mentioned in 24
section 210(6), a copy of the facsimile warrant or warrant form; 25
(c) tell the person the inspector is permitted by the warrant to enter 26
the place; 27
(d) give the person an opportunity to allow the inspector immediate 28
entry to the place without using force. 29
(3) However, the inspector need not comply with subsection (2) if the 30
inspector believes on reasonable grounds that immediate entry to the place 31
is required to ensure the effective execution of the warrant is not frustrated. 32
s 212 125 s 213
Medical Practitioners Registration Bill 2001
Subdivision 3--Powers after entry 1
212 General powers after entering places 2
(1) This section applies to an inspector who enters a place. 3
(2) However, if an inspector enters a place to get the occupier's consent 4
to enter premises, this section applies to the inspector only if the consent is 5
given or the entry is otherwise authorised. 6
(3) For enforcing compliance with this Act, the inspector may-- 7
(a) search any part of the place; or 8
(b) inspect, measure, test, photograph or film any part of the place or 9
anything at the place; or 10
(c) take a thing, or a sample of or from a thing, for analysis or 11
testing; or 12
(d) take an extract from, or copy, a document at the place; or 13
(e) take into or onto the place any person, equipment and materials 14
the inspector reasonably requires for exercising a power under 15
this part; or 16
(f) require the occupier of the place, or a person at the place, to give 17
the inspector reasonable help to exercise the inspector's powers 18
under paragraphs (a) to (e); or 19
(g) require the occupier of the place, or a person at the place, to give 20
the inspector information to help the inspector ascertain whether 21
this Act is being complied with. 22
(4) When making a requirement mentioned in subsection (3)(f) or (g), 23
the inspector must warn the person it is an offence to fail to comply with 24
the requirement, unless the person has a reasonable excuse. 25
213 Failure to help inspector 26
(1) A person required to give reasonable help under section 212(3)(f) 27
must comply with the requirement, unless the person has a reasonable 28
excuse. 29
Maximum penalty--50 penalty units. 30
(2) If an individual is required under section 212(3)(f) to give 31
information, or produce a document, it is a reasonable excuse for the 32
s 214 126 s 216
Medical Practitioners Registration Bill 2001
individual not to comply with the requirement that complying with the 1
requirement might tend to incriminate the individual. 2
214 Failure to give information 3
(1) A person of whom a requirement is made under section 212(3)(g) 4
must comply with the requirement, unless the person has a reasonable 5
excuse. 6
Maximum penalty--50 penalty units. 7
(2) It is a reasonable excuse for an individual not to comply with the 8
requirement that complying with the requirement might tend to incriminate 9
the individual. 10
Subdivision 4--Power to seize evidence 11
215 Seizing evidence at a place that may be entered without consent or 12
warrant 13
An inspector who enters a place that may be entered under this division 14
without the consent of the occupier and without a warrant, may seize a 15
thing at the place if the inspector reasonably believes the thing is evidence 16
of an offence against this Act. 17
216 Seizing evidence at a place that may only be entered with consent 18
or warrant 19
(1) This section applies if-- 20
(a) an inspector is authorised to enter a place under this division only 21
with the consent of the occupier of the place or a warrant; and 22
(b) the inspector enters the place after obtaining the necessary 23
consent or warrant. 24
(2) If the inspector enters the place with the occupier's consent, the 25
inspector may seize a thing at the place if-- 26
(a) the inspector reasonably believes the thing is evidence of an 27
offence against this Act; and 28
(b) seizure of the thing is consistent with the purpose of entry as told 29
to the occupier when asking for the occupier's consent. 30
s 217 127 s 219
Medical Practitioners Registration Bill 2001
(3) If the inspector enters the place with a warrant, the inspector may 1
seize the evidence for which the warrant was issued. 2
(4) The inspector also may seize anything else at the place if the 3
inspector reasonably believes-- 4
(a) the thing is evidence of an offence against this Act; and 5
(b) the seizure is necessary to prevent the thing being-- 6
(i) hidden, lost or destroyed; or 7
(ii) used to continue, or repeat, the offence. 8
(5) Also, the inspector may seize a thing at the place if the inspector 9
reasonably believes it has just been used in committing an offence against 10
this Act. 11
217 Securing seized things 12
Having seized a thing, an inspector may-- 13
(a) move the thing from the place where it was seized (the "place of 14
seizure"); or 15
(b) leave the thing at the place of seizure but take reasonable action 16
to restrict access to it. 17
18
Examples of restricting access to a thing--
19
1. Sealing a thing and marking it to show access to it is restricted.
20
2. Sealing the entrance to a room where the seized thing is situated and marking the
21
entrance to show access to the room is restricted.
218 Tampering with seized things 22
If an inspector restricts access to a seized thing, a person must not 23
tamper, or attempt to tamper, with the thing, or something restricting access 24
to the thing, without an inspector's approval. 25
Maximum penalty--100 penalty units. 26
219 Powers to support seizure 27
(1) To enable a thing to be seized, an inspector may require the person in 28
control of it-- 29
s 220 128 s 221
Medical Practitioners Registration Bill 2001
(a) to take it to a stated reasonable place by a stated reasonable time; 1
and 2
(b) if necessary, to remain in control of it at the stated place for a 3
reasonable time. 4
(2) The requirement-- 5
(a) must be made by notice in the approved form; or 6
(b) if for any reason it is not practicable to give the notice, may be 7
made orally and confirmed by notice in the approved form as 8
soon as practicable. 9
(3) A further requirement may be made under this section about the 10
same thing if it is necessary and reasonable to make the further 11
requirement. 12
(4) A person of whom a requirement is made under subsection (1) or (3) 13
must comply with the requirement, unless the person has a reasonable 14
excuse. 15
Maximum penalty for subsection (4)--50 penalty units. 16
220 Receipts for seized things 17
(1) As soon as practicable after an inspector seizes a thing, the inspector 18
must give a receipt for it to the person from whom it was seized. 19
(2) However, if for any reason it is not practicable to comply with 20
subsection (1), the inspector must leave the receipt at the place of seizure in 21
a conspicuous position and in a reasonably secure way. 22
(3) The receipt must describe generally each thing seized and its 23
condition. 24
(4) This section does not apply to a thing if it is impracticable or would 25
be unreasonable to give the receipt, given the thing's nature, condition and 26
value. 27
221 Forfeiture of seized things 28
(1) A seized thing is forfeited to the State if the inspector who seized the 29
thing-- 30
(a) can not find its owner, after making reasonable inquiries; or 31
(b) can not return it to its owner, after making reasonable efforts; or 32
s 222 129 s 222
Medical Practitioners Registration Bill 2001
(c) reasonably believes it is necessary to retain the thing to prevent it 1
being used to commit an offence against this Act. 2
(2) In applying subsection (1)-- 3
(a) subsection (1)(a) does not require the inspector to make inquiries 4
if it would be unreasonable to make inquiries to find the owner; 5
and 6
(b) subsection (1)(b) does not require the inspector to make efforts if 7
it would be unreasonable to make efforts to return the thing to its 8
owner. 9
(3) If the inspector makes a decision under subsection (1)(c), resulting in 10
the seized thing being forfeited to the State, the inspector must immediately 11
give the owner an information notice for the decision. 12
(4) Subsection (3) does not apply if-- 13
(a) the inspector can not find the owner, after making reasonable 14
inquiries; or 15
(b) it is impracticable or would be unreasonable to give the 16
information notice. 17
(5) Regard must be had to a thing's nature, condition and value-- 18
(a) in deciding-- 19
(i) whether it is reasonable to make inquiries or efforts; and 20
(ii) if making inquiries or efforts, what inquiries or efforts, 21
including the period over which they are made, are 22
reasonable; or 23
(b) in deciding whether it would be unreasonable to give the 24
information notice. 25
222 Forfeiture on conviction 26
(1) On the conviction of a person for an offence against this Act, the 27
court may order the forfeiture to the State of-- 28
(a) anything used to commit the offence; or 29
(b) anything else the subject of the offence. 30
(2) The court may make the order-- 31
(a) whether or not the thing has been seized; and 32
s 223 130 s 225
Medical Practitioners Registration Bill 2001
(b) if the thing has been seized, whether or not the thing has been 1
returned to its owner. 2
(3) The court may make any order to enforce the forfeiture it considers 3
appropriate. 4
(4) This section does not limit the court's powers under the Penalties 5
and Sentences Act 1992 or another law. 6
223 Dealing with forfeited things etc. 7
(1) On the forfeiture of a thing to the State, the thing becomes the State's 8
property and may be dealt with by the executive officer as the executive 9
officer considers appropriate. 10
(2) Without limiting subsection (1), the executive officer may destroy or 11
dispose of the thing. 12
(3) Despite subsection (1), the executive officer must not deal with the 13
thing in a way that could prejudice the outcome of-- 14
(a) an appeal started under section 238(3); or 15
(b) another appeal, relevant to the thing, of which the executive 16
officer is aware. 17
224 Return of seized things 18
(1) If a seized thing has not been forfeited, the inspector must return it to 19
its owner-- 20
(a) at the end of 6 months; or 21
(b) if a proceeding for an offence involving the thing is started within 22
6 months, at the end of the proceeding and any appeal from the 23
proceeding. 24
(2) Despite subsection (1), unless the thing has been forfeited, the 25
inspector must immediately return a thing seized as evidence to its owner if 26
the inspector stops being satisfied its continued retention as evidence is 27
necessary. 28
225 Access to seized things 29
(1) Until a seized thing is forfeited or returned, an inspector must allow 30
its owner to inspect it and, if it is a document, to copy it. 31
s 226 131 s 227
Medical Practitioners Registration Bill 2001
(2) Subsection (1) does not apply if it is impracticable or would be 1
unreasonable to allow the inspection or copying. 2
Subdivision 5--Power to obtain information 3
226 Power to require name and address 4
(1) This section applies if-- 5
(a) an inspector finds a person committing an offence against this 6
Act; or 7
(b) an inspector finds a person in circumstances that lead, or has 8
information that leads, the inspector to reasonably suspect the 9
person has just committed an offence against this Act. 10
(2) The inspector may require the person to state the person's name and 11
residential address. 12
(3) When making the requirement, the inspector must warn the person it 13
is an offence to fail to state the person's name or residential address, unless 14
the person has a reasonable excuse. 15
(4) The inspector may require the person to give evidence of the 16
correctness of the stated name or residential address if the inspector 17
reasonably suspects the stated name or address is false. 18
(5) A requirement under subsection (2) or (4) is called a "personal 19
details requirement". 20
227 Failure to give name or address 21
(1) A person of whom a personal details requirement is made must 22
comply with the requirement, unless the person has a reasonable excuse. 23
Maximum penalty--50 penalty units. 24
(2) A person does not commit an offence against subsection (1) if-- 25
(a) the person was required to state the person's name and residential 26
address by an inspector who suspected the person had committed 27
an offence against this Act; and 28
(b) the person is not proved to have committed the offence. 29
s 228 132 s 230
Medical Practitioners Registration Bill 2001
228 Power to require production of documents 1
(1) An inspector may require a person to make available for inspection 2
by an inspector, or produce to the inspector for inspection, at a reasonable 3
time and place nominated by the inspector a document issued to the person 4
under this Act. 5
(2) The inspector may keep the document to copy it. 6
(3) The inspector must return the document to the person as soon as 7
practicable after copying it. 8
(4) While the document is in the inspector's possession, the inspector 9
must allow it to be inspected or copied, at a reasonable time, by a person 10
who would be entitled to inspect or copy it were it not in the inspector's 11
possession. 12
(5) A requirement under subsection (1) is called a "document 13
production requirement". 14
229 Failure to produce document 15
(1) A person of whom a document production requirement is made must 16
comply with the requirement, unless the person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
(2) It is not a reasonable excuse for an individual not to comply with a 19
document production requirement if complying with the requirement might 20
tend to incriminate the individual. 21
230 Power to require information 22
(1) This section applies if an inspector reasonably believes-- 23
(a) an offence against this Act has been committed; and 24
(b) a person may be able to give information about the offence. 25
(2) The inspector may, by notice given to the person, require the person 26
to give information, including a document, about the offence to the 27
inspector at a stated reasonable time and place. 28
(3) The person must comply with a requirement under subsection (2), 29
unless the person has a reasonable excuse. 30
Maximum penalty--50 penalty units. 31
s 231 133 s 232
Medical Practitioners Registration Bill 2001
(4) For this section, it is a reasonable excuse for an individual to fail to 1
give information that giving the information might tend to incriminate the 2
individual. 3
Division 4--General enforcement matters 4
231 Notice of damage 5
(1) This section applies if-- 6
(a) an inspector damages property when exercising or purporting to 7
exercise a power; or 8
(b) a person (the "other person") acting under the direction of an 9
inspector damages property. 10
(2) The inspector must immediately give notice of particulars of the 11
damage to the person who appears to the inspector to be the owner of the 12
property. 13
(3) If the inspector believes the damage was caused by a latent defect in 14
the property or circumstances beyond the inspector's or other person's 15
control, the inspector may state the belief in the notice. 16
(4) If, for any reason, it is impracticable to comply with subsection (2), 17
the inspector must leave the notice in a conspicuous position and in a 18
reasonably secure way where the damage happened. 19
(5) This section does not apply to damage the inspector reasonably 20
believes is trivial. 21
(6) In this section-- 22
"owner", of property, includes the person in possession or control of it. 23
232 Compensation 24
(1) A person may claim from the board the cost of repairing or replacing 25
property damaged because of the exercise or purported exercise of a power 26
under any of the following subdivisions of division 347-- 27
· subdivision 1 (Entry of places) 28
47 Division 3 (Powers of inspectors)
s 233 134 s 234
Medical Practitioners Registration Bill 2001
· subdivision 3 (Powers after entry) 1
· subdivision 4 (Power to seize evidence). 2
(2) Without limiting subsection (1), compensation may be claimed for 3
loss or expense incurred in complying with a requirement made of the 4
person under the subdivision. 5
(3) Compensation may be claimed and ordered to be paid in a 6
proceeding-- 7
(a) brought in a court with jurisdiction for the recovery of the 8
amount of compensation claimed; or 9
(b) for an offence against this Act brought against the person 10
claiming compensation. 11
(4) A court may order compensation to be paid only if it is satisfied it is 12
just to make the order in the circumstances of the particular case. 13
233 False or misleading information 14
A person must not give information to an inspector the person knows is 15
false or misleading in a material particular. 16
Maximum penalty--50 penalty units. 17
234 False or misleading documents 18
(1) A person must not give an inspector a document containing 19
information the person knows is false or misleading in a material 20
particular. 21
Maximum penalty--50 penalty units. 22
(2) Subsection (1) does not apply to a person if the person, when giving 23
the document-- 24
(a) tells the inspector, to the best of the person's ability, how it is 25
false or misleading; and 26
(b) if the person has, or can reasonably obtain, the correct 27
information, gives the correct information. 28
s 235 135 s 238
Medical Practitioners Registration Bill 2001
235 Obstructing inspectors 1
(1) A person must not obstruct an inspector in the exercise of a power, 2
unless the person has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
(2) If a person has obstructed an inspector and the inspector decides to 5
proceed with the exercise of the power, the inspector must warn the person 6
that-- 7
(a) it is an offence to obstruct the inspector, unless the person has a 8
reasonable excuse; and 9
(b) the inspector considers the person's conduct is an obstruction. 10
(3) In this section-- 11
"obstruct" includes hinder and attempt to obstruct or hinder. 12
236 Impersonation of inspectors 13
A person must not pretend to be an inspector. 14
Maximum penalty--50 penalty units. 15
PART 7--APPEALS 16
237 Who may appeal 17
(1) A person (the "appellant") who is given, or is entitled to be given, 18
an information notice for a decision (the "original decision") may appeal 19
against the decision to the District Court.48 20
(2) To help users of this Act, schedule 1 identifies the decisions for 21
which an information notice must be given under this Act. 22
238 Starting appeals 23
(1) The appeal may be started at-- 24
48 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 239 136 s 240
Medical Practitioners Registration Bill 2001
(a) the District Court at the place where the person resides or carries 1
on business; or 2
(b) the District Court at Brisbane. 3
(2) Subsection (1) does not limit the District Court at which the appeal 4
may be started under the Uniform Civil Procedure Rules 1999. 5
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 6
must be filed with the registrar of the court within 28 days after-- 7
(a) if the appellant is given an information notice for the original 8
decision--the day the appellant is given the notice; or 9
(b) if paragraph (a) does not apply--the day the person otherwise 10
becomes aware of the original decision. 11
(4) The court may, at any time, extend the period for filing the notice of 12
appeal. 13
239 Hearing procedures 14
(1) In deciding the appeal, the court-- 15
(a) has the same powers as the person who made the original 16
decision; and 17
(b) is not bound by the rules of evidence; and 18
(c) must comply with natural justice. 19
(2) The appeal is by way of rehearing, unaffected by the original 20
decision, on the material before the person who made the original decision 21
and any further evidence allowed by the court. 22
240 Powers of court on appeal 23
(1) In deciding the appeal, the court may-- 24
(a) confirm the original decision; or 25
(b) amend the original decision; or 26
(c) substitute another decision for the original decision; or 27
(d) set aside the original decision and return the issue to the board 28
with the directions the court considers appropriate. 29
(2) In substituting another decision for the original decision, the court 30
has the same powers as the person who made the original decision. 31
s 241 137 s 241
Medical Practitioners Registration Bill 2001
1
Example--
2
The court may decide that an unsuccessful applicant for general registration be
3
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 4
decision for the original decision, the amended or substituted decision is, 5
for this Act (other than this part) taken to be the decision of the person who 6
made the original decision. 7
(4) If the court decides to impose conditions on a registration, the court 8
must-- 9
(a) state the reasons for the decision; and 10
(b) if the registration is a general registration or specialist 11
registration, decide and state the review period applying to the 12
conditions.49 13
(5) If the court decides to impose conditions on a registration because of 14
the registrant's mental and physical health, it must also decide whether 15
details of the conditions must be recorded in the register for the period for 16
which the conditions are in force. 17
(6) The court must decide not to record details of the conditions 18
mentioned in subsection (5) in the register unless it reasonably believes it is 19
in the interests of users of the registrant's services or the public to know the 20
details. 21
241 Appointment of assessors 22
(1) If the court is of the opinion that the appeal involves a question of 23
special knowledge and skill, the court may appoint 1 or more assessors 24
who in the court's opinion possess the special qualifications necessary for 25
the particular case to assist the court in its deciding the appeal. 26
(2) An assessor may advise the court on any matter, but all questions of 27
law and fact are to be decided by the court. 28
(3) The court may give the weight to the advice that it considers 29
appropriate. 30
49 The conditions may be reviewed, for general registration, under part 3
(Registration), division 8 (Reviewing conditions of general registration) or, for
specialist registration, part 3, division 8, as applied by section 124(1)(e).
s 242 138 s 245
Medical Practitioners Registration Bill 2001
PART 8--LEGAL PROCEEDINGS 1
Division 1--Evidence 2
242 Application of division 3
This division applies to a proceeding under this Act. 4
243 Appointments and authority 5
It is not necessary to prove-- 6
(a) an inspector's, or member's, appointment; or 7
(b) the executive officer's appointment; or 8
(c) the authority of an inspector, a member, the executive officer or a 9
member of the office's staff to do anything under this Act. 10
244 Signatures 11
A signature purporting to be the signature of the Minister, the 12
chairperson, a member, an inspector, the executive officer or a member of 13
the office's staff is evidence of the signature it purports to be. 14
245 Evidentiary provisions 15
A certificate purporting to be signed by the executive officer and stating 16
any of the following matters is evidence of the matter-- 17
(a) a stated document is one 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 or requirement; 21
(iii) a certificate of registration; 22
(iv) a record, or an extract from a record; 23
(v) the register, or an extract from the register; 24
(b) a stated document is another document kept under this Act; 25
s 246 139 s 247
Medical Practitioners Registration Bill 2001
(c) a stated document is a copy of a thing mentioned in paragraph (a) 1
or (b); 2
(d) on a stated day, or during a stated period, a stated person was or 3
was not a registrant; 4
(e) on a stated day, or during a stated period, a registration-- 5
(i) was or was not in force; or 6
(ii) was or was not subject to a stated condition; 7
(f) on a stated day, a registration was cancelled; 8
(g) on a stated day, or during a stated period, an appointment as an 9
inspector was, or was not, in force for a stated person; 10
(h) on a stated day, a stated person was given a stated notice or 11
direction under this Act; 12
(i) on a stated day, a stated requirement was made of a stated person. 13
Division 2--Proceedings 14
246 Indictable and summary offences 15
(1) An offence against section 174 is an indictable offence.
50
16
(2) Any other offence against this Act is a summary offence. 17
247 Proceedings for indictable offences 18
(1) A proceeding for an indictable offence against this Act may be taken, 19
at the election of the prosecution-- 20
(a) by way of summary proceeding under the Justices Act 1886; or 21
(b) on indictment. 22
(2) A magistrate must not hear an indictable offence summarily if-- 23
(a) the defendant asks at the start of the hearing that the charge be 24
prosecuted on indictment; or 25
(b) the magistrate considers the charge should be prosecuted on 26
indictment. 27
50 Section 174 (Offence for taking reprisal)
s 248 140 s 249
Medical Practitioners Registration Bill 2001
(3) If subsection (2) applies-- 1
(a) the magistrate must proceed by way of an examination of 2
witnesses for an indictable offence; and 3
(b) a plea of the person charged at the start of the proceeding must be 4
disregarded; and 5
(c) evidence brought in the proceeding before the magistrate decided 6
to act under subsection (2) is taken to be evidence in the 7
proceeding for the committal of the person for trial or sentence; 8
and 9
(d) before committing the person for trial or sentence, the magistrate 10
must make a statement to the person as required by the Justices 11
Act 1886, section 104(2)(b).51 12
248 Limitation on who may summarily hear indictable offence 13
(1) The proceeding must be before a magistrate if it is a proceeding-- 14
(a) for the summary conviction of a person on a charge for an 15
indictable offence; or 16
(b) for an examination of witnesses for a charge for an indictable 17
offence. 18
(2) However, if the proceeding is brought before a justice who is not a 19
magistrate, jurisdiction is limited to taking or making a procedural action 20
or order within the meaning of the Justices of the Peace and 21
Commissioners for Declarations Act 1991. 22
249 Limitation on time for starting summary proceedings 23
A proceeding for a summary offence against this Act by way of 24
summary proceeding under the Justices Act 1886 must start-- 25
(a) within 1 year after the commission of the offence; or 26
(b) within 6 months after the offence comes to the complainant's 27
knowledge, but within 2 years after the commission of the 28
offence. 29
51 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 250 141 s 252
Medical Practitioners Registration Bill 2001
250 Allegations of false or misleading information or documents 1
In any proceeding for an offence against this Act defined as involving 2
false or misleading information, or a false or misleading document, it is 3
enough for a charge to state that the information or document was, without 4
specifying which, `false or misleading'. 5
251 Penalties to be paid to board 6
All penalties recovered as a result of proceedings for offences against 7
this Act brought by the board must be ordered to be paid to the board. 8
252 Responsibility for acts or omissions of representatives 9
(1) This section applies in a proceeding for an offence against this Act. 10
(2) If it is relevant to prove a person's state of mind about a particular act 11
or omission, it is enough to show-- 12
(a) the act was done or omitted to be done by a representative of the 13
person within the scope of the representative's actual or apparent 14
authority; and 15
(b) the representative had the state of mind. 16
(3) An act done or omitted to be done for a person by a representative of 17
the person within the scope of the representative's actual or apparent 18
authority is taken to have been done or omitted to be done also by the 19
person, unless the person proves the person could not, by the exercise of 20
reasonable diligence, have prevented the act or omission. 21
(4) In this section-- 22
"representative" means-- 23
(a) for a corporation--an executive officer, employee or agent of the 24
corporation; or 25
(b) for an individual--an employee or agent of the individual. 26
"state of mind" of a person includes-- 27
(a) the person's knowledge, intention, opinion, belief or purpose; 28
and 29
(b) the person's reasons for the intention, opinion, belief or purpose. 30
s 253 142 s 254
Medical Practitioners Registration Bill 2001
253 Executive officers must ensure corporation complies with Act 1
(1) The executive officers of a corporation must ensure the corporation 2
complies with this Act. 3
(2) If a corporation commits an offence against a provision of this Act, 4
each of the corporation's executive officers also commits an offence, 5
namely, the offence of failing to ensure the corporation complies with the 6
provision. 7
Maximum penalty--the penalty for the contravention of the provision by 8
an individual. 9
(3) Evidence that the corporation has been convicted of an offence 10
against a provision of this Act is evidence that each of the executive 11
officers committed the offence of failing to ensure the corporation 12
complies with the provision. 13
(4) However, it is a defence for an executive officer to prove-- 14
(a) if the officer was in a position to influence the conduct of the 15
corporation in relation to the offence, the officer exercised 16
reasonable diligence to ensure the corporation complied with the 17
provision; or 18
(b) the officer was not in a position to influence the conduct of the 19
corporation in relation to the offence. 20
PART 9--REGISTER, RECORDS AND INFORMATION 21
Division 1--Register 22
254 Register to be kept 23
(1) The board must keep a register about registrants. 24
(2) The register may be kept in the way the board considers appropriate, 25
including, for example, in an electronic form. 26
(3) The register must contain the following details for each registrant-- 27
(a) the registrant's name; 28
(b) an address of the registrant notified by the registrant to the board; 29
s 255 143 s 255
Medical Practitioners Registration Bill 2001
(c) whether the registrant is a general registrant, provisional general 1
registrant, special purpose registrant, provisional special purpose 2
registrant, specialist registrant or provisional specialist registrant; 3
(d) any qualification relied on by the registrant to obtain registration; 4
(e) if the registrant is a specialist registrant or provisional specialist 5
registrant, the specialty in which the registrant is registered; 6
(f) if the registrant is a special purpose registrant or provisional 7
special purpose registrant-- 8
(i) details of the special purpose for which the registrant is 9
registered; and 10
(ii) for a special purpose that involves the practice of a 11
specialty, details of the specialty; 12
(g) if conditions, including, for example, probationary conditions are 13
imposed under this Act on the registrant's registration-- 14
(i) for conditions imposed because of the registrant's mental 15
and physical health, the details of which it has been decided 16
under this Act not to record in the register--the fact that 17
conditions have been imposed; or 18
(ii) otherwise--details of the conditions; 19
(h) any other information required to be recorded in the register 20
under the Health Practitioners (Professional Standards) Act 21
1999; 22
(i) other details prescribed under a regulation. 23
(4) For subsection (3)(g), the fact or details must be recorded in the 24
register for the period the conditions are in force. 25
255 Inspection of register 26
(1) The board must-- 27
(a) keep the register open for inspection, free of charge, at the office 28
by members of the public during ordinary office hours; and 29
(b) give a person a copy of the register, or a part of it, on payment of 30
the fee prescribed under a regulation. 31
s 256 144 s 257
Medical Practitioners Registration Bill 2001
(2) Subsection (1) does not apply to details of the residential address of a 1
registrant, unless the registrant gives notice to the board that he or she 2
agrees to the details being able to be inspected. 3
Division 2--Records to be kept 4
256 Records 5
(1) The board must keep records of the following details about each 6
registrant or former registrant-- 7
(a) if the registration was affected under the Health Practitioners 8
(Professional Standards) Act 1999, details of the way it was 9
affected and the reason for it being affected; 10
(b) if the registration was cancelled under this Act, the fact of, and 11
the reason for, the cancellation; 12
(c) if conditions were, under this Act, imposed on the registration, 13
details of the conditions and the reasons for their imposition; 14
(d) other details prescribed under a regulation. 15
(2) The records must be kept for at least 10 years. 16
Division 3--Information 17
257 Confidentiality of information 18
(1) This section applies to a person (the "relevant person") who is or 19
was-- 20
(a) a member; or 21
(b) a member of a committee; or 22
(c) appointed by the board to conduct a health assessment of another 23
person; or 24
(d) an inspector; or 25
(e) the executive officer or a member of the office's staff; or 26
(f) otherwise involved in the administration of this Act. 27
s 257 145 s 257
Medical Practitioners Registration Bill 2001
(2) This section applies to information about a person obtained by the 1
relevant person in the course of performing the relevant person's functions 2
under this Act. 3
(3) The relevant person must not disclose the information to anyone else. 4
Maximum penalty--100 penalty units. 5
(4) However, the relevant person may disclose the information to 6
someone else-- 7
(a) to the extent necessary to perform the relevant person's functions 8
under or relating to this Act or the Health Practitioners 9
(Professional Standards) Act 1999; or 10
(b) if the disclosure is authorised under this or another Act; or 11
(c) if the disclosure is otherwise required or permitted by law; or 12
(d) if the person to whom the information relates agrees to the 13
disclosure; or 14
(e) if the disclosure is in a form that does not disclose the identity of 15
a person; or 16
(f) if the information is, or has been, accessible to the public, 17
including, for example, because it is or was recorded in the 18
register; or 19
(g) if the disclosure is to a foreign regulatory authority and the 20
disclosure is necessary for the authority to perform its functions; 21
or 22
(h) if the disclosure is to the Minister to allow the Minister to act 23
under paragraph (i); or 24
(i) if the Minister considers the disclosure is in the public interest 25
and authorises the relevant person to disclose the information. 26
(5) If the Minister authorises information to be disclosed under 27
subsection (4)(i) about a matter concerning a registrant, the Minister must 28
inform the board of the authorisation and its purpose. 29
(6) In this section-- 30
"information", about a person, means-- 31
(a) information about the person's health that identifies, or is likely 32
to identify, the person; or 33
s 258 146 s 260
Medical Practitioners Registration Bill 2001
(b) information about the person's criminal history obtained under a 1
request under section 45(3). 2
258 Board's annual report must disclose authorisation 3
(1) This section applies if the board is given information, under 4
section 257(5), in a financial year about an authorisation. 5
(2) The board must include a statement about the authorisation in its 6
annual report under the Financial Administration and Audit Act 1977 for 7
the financial year. 8
(3) The statement must include general details about-- 9
(a) the nature of the information disclosed under the authorisation; 10
and 11
(b) the purpose for which the information was disclosed. 12
(4) However, the statement must not identify any person. 13
PART 10--MISCELLANEOUS 14
Division 1--Abandoned, and other, health records 15
259 Definitions for div 1 16
In this division-- 17
"health records" means documents, recording the health history, 18
condition and treatment of users of the professional services provided 19
by a person, made in the course of the person's practice of the 20
profession. 21
"possess", a health record, includes having the record under control in any 22
place, whether or not another person has custody of the record. 23
260 Board may take possession of abandoned health records 24
(1) This section applies if the board suspects on reasonable grounds that 25
health records have been abandoned. 26
s 261 147 s 262
Medical Practitioners Registration Bill 2001
(2) The board may take and keep possession of the records to be dealt 1
with under this division. 2
(3) For taking possession of the records, the board may give notice to the 3
occupier of the place where the records are situated to deliver the records to 4
the board to be dealt with under this division. 5
(4) The notice must state that the requirement must be complied with 6
within a period of 14 days after the occupier receives the notice. 7
(5) The occupier must comply with the requirement within the stated 8
period, unless the occupier has a reasonable excuse. 9
Maximum penalty for subsection (5)--50 penalty units. 10
261 Health records forming part of deceased estate 11
(1) This section applies if health records form part of a deceased estate. 12
(2) The personal representative of the deceased person concerned may 13
deliver the records into the possession of the board to be dealt with under 14
this division. 15
262 Health records of persons convicted of an offence against s 157(1) 16
or (6), 158 or 161 17
(1) This section applies to a person who is convicted of an offence 18
against section 157(1) or (6), 158(1) or 161.52 19
(2) The board may give the person notice to deliver health records in the 20
possession or control of the person into the possession of the board to be 21
dealt with under this division. 22
(3) The person must within 14 days after receiving the notice deliver the 23
records into the possession of the board. 24
Maximum penalty--50 penalty units. 25
(4) If the person does not comply with the notice, the board may take 26
and keep possession of the records. 27
52 Section 157 (Taking of restricted titles etc.), 158 (Taking of restricted specialist title
etc. by person) or 161 (Claims by persons as to registration)
s 263 148 s 265
Medical Practitioners Registration Bill 2001
263 Dealing with certain health records seized under s 215 or 216 1
(1) This section applies if, under section 215 or 216,53 an inspector seizes 2
health records that the board may take and keep possession of under 3
section 260 or 262. 4
(2) The inspector must deliver the health records into the possession of 5
the board to be dealt with under this division. 6
(3) Sections 221, 224 and 22554 do not apply to health records delivered 7
to the board under subsection (2). 8
264 How board may deal with health records 9
(1) This section applies if the board takes possession of a health record 10
under this division. 11
(2) The board may-- 12
(a) give the record to the person to whom the record relates; or 13
(b) if directed by the person, give the record to a registrant under a 14
health practitioner registration Act chosen by the person; or 15
(c) if the board can not find the person after making reasonable 16
inquiries, keep the record; or 17
(d) if the board can not find the person, after making reasonable 18
inquiries, and decides it is no longer necessary to keep the 19
record, destroy the record. 20
(3) To remove doubt, it is declared that the board is taken to be keeping a 21
health record if another body stores the record on its behalf. 22
265 Destruction of health records 23
(1) This section applies if the board destroys a health record under 24
section 264(2)(d). 25
(2) Compensation is not recoverable against the board because of the 26
destruction of the record. 27
53 Section 215 (Seizing evidence at a place that may be entered without consent or
warrant) or 216 (Seizing evidence at a place that may only be entered with consent
or warrant)
54 Sections 221 (Forfeiture of seized things), 224 (Return of seized things) and
225 (Access to seized things)
s 266 149 s 267
Medical Practitioners Registration Bill 2001
Division 2--Continuing professional education of registrants 1
266 Continuing professional education programs 2
(1) The board may develop or recognise a program for the continuing 3
professional education of registrants. 4
(2) The board must give notice to all registrants, to whom the program is 5
relevant, of details of the program. 6
(3) The program may state the minimum continuing professional 7
education requirements a registrant needs to satisfy, in a stated period, to 8
keep up-to-date with developments in the practice of the profession. 9
(4) A registrant who has satisfied the requirements in the stated period 10
may advertise this fact. 11
(5) A registrant who has not satisfied the requirements in the stated 12
period must not advertise that the registrant has satisfied the requirements. 13
Maximum penalty for subsection (5)--50 penalty units. 14
Division 3--Declared events 15
267 Definitions for div 3 16
In this division-- 17
"declaration period" see section 268(3). 18
"declared event" means an event declared to be a declared event under 19
section 268(1). 20
"interstate law" means a law of another State that provides for the same 21
matter as this Act. 22
"local practitioner" means a person registered under this Act. 23
"participant" means a person who is officially participating in, or 24
preparing for, a declared event. 25
"prepare" includes the following-- 26
(a) train; 27
(b) practise; 28
(c) rehearse; 29
s 268 150 s 269
Medical Practitioners Registration Bill 2001
(d) acclimatise. 1
"visiting practitioner", in relation to a declared event, means a person 2
who-- 3
(a) is not a local practitioner; and 4
(b) is registered under an interstate law; and 5
(c) is appointed, employed, contracted or otherwise engaged to 6
provide professional services to a participant in relation to the 7
event. 8
268 Declaration of events 9
(1) The Minister may, by notice, declare a sporting, cultural or other 10
event to be a declared event for this Act. 11
(2) The notice must be for an event taking place, or to take place, in the 12
State that will or is likely to attract a significant number of participants. 13
(3) The notice must state a period during which the declaration is to 14
remain in force (the "declaration period"). 15
(4) The declaration period for the declared event may include a period 16
before or after the declared event takes place. 17
(5) The notice is subordinate legislation. 18
269 Deemed general or specialist registration of visiting practitioners 19
(1) This section applies to a visiting practitioner in relation to a declared 20
event. 21
(2) During the declaration period for the event, the visiting practitioner 22
is taken to be the following kind of registrant in relation to the provision of 23
professional services to a participant in the event-- 24
(a) if the practitioner's registration under the interstate law is 25
equivalent to general registration under this Act--a general 26
registrant; 27
(b) if the practitioner's registration under the interstate law is 28
equivalent to specialist registration under this Act in a 29
specialty--a specialist registrant in the specialty. 30
s 270 151 s 270
Medical Practitioners Registration Bill 2001
(3) The practitioner's deemed general or specialist registration under 1
subsection (2) is taken to be subject to any conditions of the practitioner's 2
relevant registration under an interstate law. 3
(4) Part 3, divisions 4 to 9 and 1155 do not apply to the practitioner while 4
the practitioner is taken, under subsection (2), to be a general or specialist 5
registrant. 6
(5) The practitioner is not taken to be a registrant for the operation of 7
sections 37(1)(b) and 254.56 8
Division 4--Other provisions 9
270 Provision of certain professional services by interstate 10
practitioners 11
(1) This section applies to an interstate practitioner in relation to the 12
provision of any of the following professional services by the practitioner 13
in Queensland-- 14
(a) a professional service provided in an emergency; 15
(b) the removal of tissue from a person's body or the transplantation 16
of tissue to the body of a living person; 17
(c) a professional service provided to a patient while the patient is 18
being transported. 19
(2) The interstate practitioner is taken to be the following kind of 20
registrant in relation to the provision of any of the services by the 21
practitioner in Queensland-- 22
(a) if the practitioner's registration under the interstate law is 23
equivalent to general registration under this Act--a general 24
registrant; 25
55 Part 3 (Registration), divisions 4 (Renewal of general registrations), 5 (Restoration
of general registrations), 6 (Cancellation of general registrations), 7 (Reviewing
probationary conditions on general registrations), 8 (Reviewing conditions of
general registrations), 9 (Specialist registration) and 11 (General provisions about
general registrations)
56 Sections 37 (Matters to be included in annual report) and 254 (Register to be kept)
s 271 152 s 272
Medical Practitioners Registration Bill 2001
(b) if the practitioner's registration under the interstate law is 1
equivalent to specialist registration in a specialty--a specialist 2
registrant in the specialty. 3
(3) The practitioner's deemed general or specialist registration under 4
subsection (2) is taken to be subject to any conditions of the practitioner's 5
relevant registration under an interstate law. 6
(4) In this section-- 7
"interstate law" means a law of another State or New Zealand that 8
provides for the same matter as this Act. 9
"interstate practitioner" means a person who is not a registrant but is 10
registered under an interstate law. 11
271 Protecting officials from liability 12
(1) An official is not civilly liable for an act done, or omission made, 13
honestly and without negligence under this Act. 14
(2) If subsection (1) prevents a civil liability attaching to an official, the 15
liability attaches instead to the board. 16
(3) In this section-- 17
"official" means-- 18
(a) a member; or 19
(b) a committee member who is not a board member; or 20
(c) the executive officer; or 21
(d) a person appointed by the board to conduct a health assessment 22
of another person; or 23
(e) an inspector; or 24
(f) a person acting under the direction or authority of an inspector. 25
272 Protection for persons supervising registrants undertaking 26
prescribed internship or supervised practice program 27
(1) This section applies to a person who, honestly and on reasonable 28
grounds, gives information to the board about a registrant in the person's 29
capacity as the registrant's internship nominee or supervisor for an 30
internship or supervised practice program. 31
s 273 153 s 274
Medical Practitioners Registration Bill 2001
(2) The person is not liable, civilly, criminally or under an administrative 1
process, for giving the information. 2
(3) Without limiting subsection (2)-- 3
(a) in a proceeding for defamation the person has a defence of 4
absolute privilege for publishing the information; and 5
(b) if the person would otherwise be required to maintain 6
confidentiality about the given information under an Act, oath, 7
rule of law or practice, the person-- 8
(i) does not contravene the Act, oath, rule of law or practice by 9
giving the information; and 10
(ii) is not liable to disciplinary action for giving the 11
information. 12
273 False or misleading information or documents 13
(1) A person must not give information to the board the person knows is 14
false or misleading in a material particular. 15
Maximum penalty--50 penalty units. 16
(2) A person must not give the board a document containing information 17
the person knows is false or misleading in a material particular. 18
Maximum penalty--50 penalty units. 19
(3) Subsection (2) does not apply to a person if the person, when giving 20
the document-- 21
(a) tells the board, to the best of the person's ability, how it is false or 22
misleading; and 23
(b) if the person has, or can reasonably obtain, the correct 24
information, gives the correct information. 25
274 Certificates etc. not to be false or misleading 26
A registrant must not, in the registrant's professional capacity, sign or 27
give to another person, a certificate, notice, report or other document the 28
registrant knows is false or misleading in a material particular. 29
Maximum penalty--50 penalty units. 30
s 275 154 s 278
Medical Practitioners Registration Bill 2001
275 Application of provisions 1
(1) This section applies if a provision of this Act applies another 2
provision of this Act for a purpose. 3
(2) The other provision, and any definition relevant to the other 4
provision, apply with any necessary changes. 5
(3) Subsection (2) is not limited merely because a provision states how 6
the other provision is to apply. 7
276 Approval of forms 8
The board may approve forms for use under this Act. 9
277 Examination fees 10
A person who sits an examination set and administered by the board 11
under this Act must, before sitting the examination, pay the board the fee 12
for the examination prescribed under a regulation. 13
278 Regulation-making power 14
(1) The Governor in Council may make regulations under this Act. 15
(2) A regulation may be made about the following-- 16
(a) prescribed internships, including, for example, the content and 17
duration of prescribed internships; 18
(b) supervised practice programs, including, for example, the 19
requirements and responsibilities of persons who supervise 20
registrants undertaking the programs; 21
(c) fees, including the refunding of fees, for this Act; 22
(d) imposing a penalty of not more than 20 penalty units for a 23
contravention of a provision of a regulation. 24
(3) Without limiting subsection (2)(c), a regulation may prescribe 25
amounts as fees having regard to the costs of the board performing its 26
functions under, or complying with-- 27
(a) an Act in the legislative scheme; or 28
(b) another Act. 29
s 279 155 s 281
Medical Practitioners Registration Bill 2001
PART 11--REPEAL AND TRANSITIONAL PROVISIONS 1
Division 1--Repeal 2
279 Repeal of Medical Act 1939 3
The Medical Act 1939 (1939 Act No. 10) is repealed. 4
Division 2--Transitional provisions 5
280 Definitions for div 2 6
In this division-- 7
"column 1 registration" see section 293(1). 8
"column 2 registration" see section 293(2). 9
"commencement" means commencement of this section. 10
"former board" means the Medical Board of Queensland under the 11
repealed Act. 12
"item", followed by a number, in relation to a column 1 or 2 registration, 13
means the column 1 or 2 registration identified in the table in 14
section 293(1) by the item number. 15
281 Saving of certain orders made under repealed Act 16
(1) This section applies if immediately before the commencement an 17
order made by the former board under section 67(1) or (2), 68(1) or 69(1) 18
of the repealed Act is in force. 19
(2) The order, and any provisions of the repealed Act relating to the 20
order, continue to have effect as if this Act had not commenced. 21
(3) The person to whom the order was given must comply with the 22
order, unless the person has a reasonable excuse. 23
Maximum penalty for subsection (3)--30 penalty units. 24
s 282 156 s 286
Medical Practitioners Registration Bill 2001
282 References to repealed Act or former board 1
(1) In an Act or document, a reference to the repealed Act may, if the 2
context permits, be taken as a reference to this Act. 3
(2) A reference in an Act or document to the former board may, if the 4
context permits, be taken as a reference to the board. 5
283 Board is the legal successor 6
(1) The board is the successor in law of the former board. 7
(2) Sections 284 to 288 do not limit subsection (1). 8
284 Assets and liabilities etc. 9
On the commencement-- 10
(a) the assets and liabilities of the former board become assets and 11
liabilities of the board; and 12
(b) any contracts entered into by or on behalf of the former board 13
and all guarantees, undertakings and securities given by or on 14
behalf of the former board, in force immediately before the 15
commencement, are taken to have been entered into or given by 16
or to the board and may be enforced against or by the board; and 17
(c) any property that, immediately before the commencement, was 18
held on trust, or subject to a condition, by the former board 19
continues to be held by the board on the same trusts, or subject to 20
the same condition. 21
285 Service agreements 22
A service agreement entered into by the former board, in force 23
immediately before the commencement, is taken to have been entered into 24
by the board. 25
286 Proceedings 26
A proceeding that could have been started or continued by or against the 27
former board before the commencement may be started or continued by or 28
against the board. 29
s 287 157 s 289
Medical Practitioners Registration Bill 2001
287 Dealing with matter under Health Practitioners (Professional 1
Standards) Act 1999 2
A matter that had started to be, or could have been, dealt with under the 3
Health Practitioners (Professional Standards) Act 1999 by the former 4
board before the commencement may be continued, or started, to be dealt 5
with by the board. 6
288 Offences 7
(1) Proceedings for an offence against the repealed Act may be 8
continued, or started by the board, and the provisions of the repealed Act 9
and the Medical Act and Other Acts (Administration) Act 1966 necessary 10
or convenient to be used in relation to the proceedings continue to apply, as 11
if this Act had not commenced. 12
(2) For subsection (1), the Acts Interpretation Act 1954, section 2057 13
applies, but does not limit the subsection. 14
(3) This section has effect despite the repeal of the Medical Act and 15
Other Acts (Administration) Act 1966. 16
289 Membership of board 17
(1) From the commencement, the board consists of the existing 18
members. 19
(2) Also, the board may include other persons appointed by the 20
Governor in Council (the "additional members"). 21
(3) However, the first board must not consist of more than 11 members. 22
(4) An existing member, other than the chief health officer, holds office 23
as a member until the earlier of the following days-- 24
(a) the day the existing member's term of appointment under the 25
repealed Act would have ended if this Act had not commenced; 26
(b) if the existing member vacates office under this Act before the 27
day mentioned in paragraph (a), the day the existing member 28
vacates office. 29
(5) An additional member is to be appointed for a term that ends on or 30
before the day when the terms of appointment of the existing members, 31
57 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
s 290 158 s 290
Medical Practitioners Registration Bill 2001
other than the chief health officer, under the repealed Act would have 1
ended if this Act had not commenced. 2
(6) If a person, including an existing member, appointed to the board 3
under this section is a registrant, the person is taken to be an appointed 4
member and appointed registrant member. 5
(7) Subsection (6) does not apply to the chief health officer. 6
(8) If a person, including an existing member, appointed to the board 7
under this section is not a registrant, the person is taken to be an appointed 8
member. 9
(9) The chief health officer is always a member of the first board. 10
(10) The Governor in Council may appoint a person to fill the office of a 11
member of the first board if it is vacant. 12
(11) This section has effect despite sections 15 to 18 and 20.58 13
(12) In this section-- 14
"existing member" means a person who, immediately before the 15
commencement, held office as a member of the former board. 16
"first board" means the board as constituted under this section. 17
290 Chairperson of board 18
(1) From the commencement, the existing president is taken to be the 19
chairperson of the board as constituted under section 289. 20
(2) The existing president ceases to hold office as the chairperson if the 21
existing president vacates the office of chairperson under this Act. 22
(3) This section has effect despite section 19(1) and (3).59 23
(4) In this section-- 24
"existing president" means the person who, immediately before the 25
commencement, held office as the president of the former board. 26
58 Sections 15 (Membership of board), 16 (Appointed registrant members), 17 (Public
members), 18 (Certain nominee board members) and 20 (Term of appointment)
59 Section 19 (Chairperson and deputy chairperson of board)
s 291 159 s 292
Medical Practitioners Registration Bill 2001
291 Deputy chairperson of board 1
(1) This section applies if a person-- 2
(a) was appointed, under section 8(8) of the repealed Act, as the 3
deputy president of the former board for a term; and 4
(b) is, immediately before the commencement, acting as president of 5
the former board. 6
(2) The person is taken to be the deputy chairperson of the board, as 7
constituted under section 289, from the commencement until the end of the 8
term. 9
(3) The person ceases to hold office as the deputy chairperson if the 10
person vacates the office of deputy chairperson under this Act. 11
(4) This section has effect despite section 19(1) and (3). 12
292 Appeals 13
(1) Subsection (2) applies if-- 14
(a) a person has appealed to the tribunal under repealed section 21 15
before the commencement against a determination of the former 16
board; and 17
(b) the appeal has not been decided before the commencement. 18
(2) The tribunal may hear, or continue to hear, and decide the appeal 19
under the repealed Act as if this Act had not commenced. 20
(3) Subsection (4) applies if-- 21
(a) immediately before the commencement a person could have 22
appealed to the tribunal under the repealed section 21 against a 23
determination of the former board; and 24
(b) the person has not appealed before the commencement. 25
(4) The person may appeal, and the tribunal may hear and decide the 26
appeal, under the repealed Act as if this Act had not commenced. 27
(5) For giving effect to its decision under subsection (2) or (4), the 28
tribunal may make the orders it considers necessary having regard to the 29
provisions of this Act. 30
s 293 160 s 293
Medical Practitioners Registration Bill 2001
1
Example for subsection (5)--
2
On an appeal by a person against a determination of the former board to refuse the
3
person's application for registration under the repealed Act, the tribunal may order that
4
the board register the person under this Act.
(6) In this section-- 5
"repealed section 21" means section 21 of the repealed Act. 6
293 Existing registrations 7
(1) This section applies to a person who immediately before the 8
commencement was registered, under the repealed Act, for a category of 9
registration mentioned in column 1 of the following table (the "column 1 10
registration")-- 11
Table 12
column 1 column 2
1. general registration as a medical general registration
practitioner, based on an entitlement to
registration stated in section 17 of the
repealed Act
2. conditional registration as a medical general registration
practitioner, based on an entitlement to
registration stated in section 17A of the
repealed Act
3. conditional registration as a medical special purpose
practitioner under section 17C(a), (b), (c), registration under
(d), (f), (g) or (h) of the repealed Act section 132, 133, 134,
135, 136, 137 or 138
4. conditional registration as a medical specialist registration
practitioner, under section 17C(e) of the in the specialty
repealed Act, to practise a specialty
s 293 161 s 293
Medical Practitioners Registration Bill 2001
column 1 column 2
5. interim registration under section 17D of provisional general
the repealed Act registration
6. specialist registration in a specialty, based specialist registration
on an entitlement to registration stated in in the specialty.
section 18 of the repealed Act
(2) The person is taken to be registered for the category of registration 1
mentioned in column 2 of the table (the "column 2 registration") shown 2
opposite the column 1 registration. 3
(3) If the column 1 registration was, immediately before the 4
commencement, subject to conditions, the column 2 registration is taken to 5
be subject to the conditions. 6
(4) Despite section 56,60 the column 2 registration continues until the 7
later of the following days-- 8
(a) 30 September first happening after the commencement; 9
(b) the day that is 3 months after the commencement. 10
(5) However, subsection (4) stops applying if the column 2 registration 11
is surrendered or cancelled. 12
(6) Subsection (7) applies to a conditional registration as a medical 13
practitioner, under section 17A of the repealed Act, that is taken under 14
subsection (2) to be a general registration. 15
(7) The general registration is subject to the requirement that the 16
registrant undertake the period of internship or supervised training the 17
registrant would have been required to complete under the repealed Act if 18
this Act had not commenced. 19
(8) Subsection (9) applies to a conditional registration as a medical 20
practitioner, under section 17C(g) of the repealed Act, that is taken under 21
subsection (2) to be a special purpose registration. 22
(9) Section 140 does not apply to the special purpose registration. 23
(10) A regulation prescribing a branch of medicine to be a specialty (the 24
"new specialty") may state that the new specialty includes, or is the 25
60 Section 56 (Period)
s 294 162 s 296
Medical Practitioners Registration Bill 2001
equivalent of, a particular specialty prescribed under the repealed Act (the 1
"previous specialty"). 2
(11) Subsection (12) applies if a regulation is made under 3
subsection (10). 4
(12) For applying this section in relation to the previous specialty, a 5
reference in item 4 or 6, column 2, in subsection (1) to `the specialty' is 6
taken to be a reference to the new specialty. 7
294 Removal of conditions imposed under repealed Act 8
(1) This section applies to conditions mentioned in section 293(3) that 9
were imposed, under the repealed Act, on an item 3 column 1 registration. 10
(2) Section 15061 applies to the conditions as if the conditions had been 11
imposed on the registration under this Act. 12
295 Existing applications for certain column 1 registrations 13
(1) An application for a column 1 registration, other than an item 5 14
column registration, made under the repealed Act and not decided before 15
the commencement must be decided under this Act. 16
(2) The application is taken to be for the column 2 registration shown 17
opposite the column 1 registration. 18
(3) Part 3, division 2, 9 or 1062 applies to the application. 19
(4) However, the provisions of this Act dealing with making the 20
application in the approved form and paying the application fee or 21
registration fee, that would otherwise apply do not apply to the application. 22
296 Suspended registrations 23
(1) This section applies if a column 1 registration, other than an item 5 24
column 1 registration, has been suspended under the repealed Act and the 25
period of suspension has not ended before the commencement. 26
61 Section 150 (Removal)
62 Part 3 (Registration), division 2 (Applications for general registration), 9 (Specialist
registration) or 10 (Special purpose registrations)
s 297 163 s 298
Medical Practitioners Registration Bill 2001
(2) The suspension is taken to continue as a suspension of the column 2 1
registration shown opposite the column 1 registration. 2
297 Continuation of approvals for intern training 3
(1) This section applies if, immediately before the commencement, a 4
hospital was-- 5
(a) an intern training hospital; or 6
(b) a secondment hospital. 7
(2) The person responsible for the clinical training of interns at the 8
hospital is taken to hold-- 9
(a) for an intern training hospital--an accreditation certificate for an 10
intern training program; and 11
(b) for a secondment hospital--an accreditation certificate for an 12
intern training secondment program. 13
(3) The accreditation certificate ceases to have effect 3 years after the 14
commencement. 15
(4) In this section-- 16
"intern training hospital" means a hospital approved by the former board 17
to provide a 12 month internship for persons registered under 18
section 17A of the repealed Act. 19
"secondment hospital" means a hospital approved by the former board to 20
provide an internship, other than a 12 month internship, for persons 21
registered under section 17A of the repealed Act. 22
298 Unmet area of need 23
(1) This section applies if, immediately before the commencement, there 24
was in effect a decision by the Minister, under section 17C(2) of the 25
repealed Act, that there is an unmet area of need relating to a medical 26
service. 27
(2) The decision is taken to be a decision by the Minister under 28
section 135 that there is an area of need for a medical service. 29
s 299 164 s 301
Medical Practitioners Registration Bill 2001
299 Sections 166 and 169 ineffective for 6 months 1
(1) Sections 166 and 16963 have no effect for 6 months after they 2
commence. 3
(2) However, a person may give the board a notice mentioned in 4
section 166 within the 6 month period. 5
300 Records 6
(1) This section applies if-- 7
(a) a registration was affected under the repealed Act; and 8
(b) immediately before the commencement, the former board held a 9
record of the details of the way the registration was affected and 10
the reason for it being affected. 11
(2) The record must be kept by the board for at least 10 years after the 12
commencement. 13
301 Certain Act has not been repealed 14
(1) This section applies if an Act mentioned in column 2 of the following 15
table (the "column 2 Act") has not been repealed-- 16
Table 17
column 1 column 2
Chiropractors Registration Act 2001 Chiropractors and Osteopaths Act
1979
Dental Practitioners Registration Dental Act 1971
Act 2001
Dental Technicians and Dental Dental Technicians and Dental
Prosthetists Registration Act 2001 Prosthetists Act 1991
Occupational Therapists Occupational Therapists Act 1979
Registration Act 2001
63 Sections 166 (Notification of business names etc.) and 169 (Information to appear in
advertisements)
s 302 165 s 302
Medical Practitioners Registration Bill 2001
column 1 column 2
Optometrists Registration Act 2001 Optometrists Act 1974
Osteopaths Registration Act 2001 Chiropractors and Osteopaths Act
1979
Pharmacists Registration Act 2001 Pharmacy Act 1976
Physiotherapists Registration Act Physiotherapists Act 1964
2001
Podiatrists Registration Act 2001 Podiatrists Act 1969
Psychologists Registration Act 2001 Psychologists Act 1977
Speech Pathologists Registration Speech Pathologists Act 1979.
Act 2001
(2) A reference in schedule 3, definition "health practitioner registration 1
Act" to the Act mentioned in column 1 of the table shown opposite the 2
column 2 Act is taken to be a reference to the column 2 Act. 3
PART 12--CONSEQUENTIAL AMENDMENTS OF ACTS 4
302 Amendment of Acts 5
Schedule 2 amends the Acts mentioned in it. 6
166
Medical Practitioners Registration Bill 2001
SCHEDULE 1 1
DECISIONS FOR WHICH INFORMATION NOTICES 2
MUST BE GIVEN 3
section 237(2) 4
Section Description of decision
51 Deciding to refuse to register an
applicant for general registration as
a general registrant
51, as applied by section 139 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
57(3)(b) Deciding to register a person as a
general registrant on internship
conditions
58 Deciding that a person does not
have relevant practical experience
in the profession and registering the
person as a general registrant on
supervised practice program
conditions
59 Deciding to register a person as a
general registrant on conditions and
deciding the review period
applying to the conditions
75 Deciding to refuse to renew a
general registration
75, as applied by section 78 Deciding to refuse to restore a
general registration
167
Medical Practitioners Registration Bill 2001
SCHEDULE 1 (continued)
Section Description of decision
75, as applied by Deciding to refuse to renew a
section 124(1)(b) specialist registration
75, as applied under Deciding to refuse to restore a
section 124(1)(c) specialist registration
75, as applied by section 144 Deciding to refuse to renew a
special purpose registration
76 Deciding to renew a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
76, as applied by section 78 Deciding to restore a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
76, as applied by section Deciding to renew a specialist
124(1)(b) registration on recency of practice
conditions and deciding the review
period applying to the conditions
76, as applied under Deciding to restore a specialist
section 124(1)(c) registration on recency of practice
conditions and deciding the review
period applying to the conditions
88 Deciding to cancel a general
registration
88, as applied by section Deciding to cancel a specialist
124(1)(d) registration
88, as applied by section 148 Deciding to cancel a special
purpose registration
94 Deciding to extend probationary
conditions on a general registration
168
Medical Practitioners Registration Bill 2001
SCHEDULE 1 (continued)
Section Description of decision
104 Deciding to confirm or change
conditions of a general registration
and deciding the review period
applying to the conditions
104, as applied by Deciding to confirm or change
section 124(1)(e) conditions on a specialist
registration and deciding the review
period applying to the conditions
114 Deciding to refuse to register an
applicant for specialist registration
in a specialty as a specialist
registrant in the specialty
121 Deciding to register an applicant as
a specialist registrant on conditions
and deciding the review period
applying to the conditions
141 Deciding to register a person as a
special purpose registrant on
conditions
146 Deciding to renew a special
purpose registration on conditions
153 Deciding to refuse to grant an
application for the replacement of a
certificate of registration
182 Deciding to refuse to accredit a
program
189 Deciding to refuse to renew an
accreditation
194 Deciding to cancel an accreditation
169
Medical Practitioners Registration Bill 2001
SCHEDULE 1 (continued)
Section Description of decision
197 Deciding to refuse to replace an
accreditation certificate
221(1)(c) Decision resulting in a thing being
forfeited to the State
170
Medical Practitioners Registration Bill 2001
SCHEDULE 2 1
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 302 3
ACTS INTERPRETATION ACT 1954 4
1. Section 36, definition "medical practitioner", `Medical Act 1939, 5
section 4'-- 6
omit, insert-- 7
`Medical Practitioners Registration Act 2001, schedule 3'. 8
ADOPTION OF CHILDREN ACT 1964 9
1. Section 24(2) and (3), `legally qualified'-- 10
omit. 11
AMBULANCE SERVICE ACT 1991 12
1. Section 44(3)(f), `Medical Act 1939'-- 13
omit, insert-- 14
`Medical Practitioners Registration Act 2001'. 15
2. Section 49(3)-- 16
omit, insert-- 17
`(3) In subsection (2)-- 18
171
Medical Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
"medical practitioner" includes a person registered under a law of 1
another State that provides for the same matter as the Medical 2
Practitioners Registration Act 2001 or a provision of that Act.'. 3
COMMISSION FOR CHILDREN AND YOUNG PEOPLE 4
ACT 2000 5
1. Schedule 4, definition "registered health practitioner", `Medical Act 6
1939'-- 7
omit, insert-- 8
`Medical Practitioners Registration Act 2001'. 9
CORONERS ACT 1958 10
1. Section 5, definition "medical practitioner"-- 11
omit, insert-- 12
` "medical practitioner" includes a person registered under a law of 13
another State that provides for the same matter as the Medical 14
Practitioners Registration Act 2001 or a provision of that Act.'. 15
CRIMINAL LAW AMENDMENT ACT 1945 16
1. Section 18(1)(a), (5)(b) and (6A)(b), `legally qualified'-- 17
omit. 18
172
Medical Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
2. Section 18(1)(a) and (4) `specially qualified in psychiatry'-- 1
omit, insert-- 2
`registered under the Medical Practitioners Registration Act 2001 as a 3
specialist registrant in the specialty of psychiatry'. 4
3. Section 18(8), `some legally qualified'-- 5
omit, insert-- 6
`a'. 7
4. Section 18(8A), `Any legally qualified'-- 8
omit, insert-- 9
`A'. 10
FREEDOM OF INFORMATION ACT 1992 11
1. Section 44(3) and (4), `qualified'-- 12
omit. 13
HEALTH ACT 1937 14
1. Section 5, definition "health practitioner registration Act", `Medical 15
Act 1939'-- 16
omit, insert-- 17
`Medical Practitioners Registration Act 2001'. 18
173
Medical Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH PRACTITIONER REGISTRATION BOARDS 1
(ADMINISTRATION) ACT 1999 2
1. Schedule, definition "health practitioner registration Act", `Medical 3
Act 1939'-- 4
omit, insert-- 5
`Medical Practitioners Registration Act 2001'. 6
HEALTH PRACTITIONERS (PROFESSIONAL 7
STANDARDS) ACT 1999 8
1. Schedule, definition "chairperson", paragraph (a)-- 9
omit. 10
2. Schedule, definition "health practitioner registration Act", `Medical 11
Act 1939'-- 12
omit, insert-- 13
`Medical Practitioners Registration Act 2001'. 14
3. Schedule, definition "profession", paragraph (e), `Medical Act 15
1939'-- 16
omit, insert-- 17
`Medical Practitioners Registration Act 2001'. 18
HEALTH PRACTITIONERS (SPECIAL EVENTS 19
EXEMPTION) ACT 1998 20
1. Schedule, definition "health registration Act", `Medical Act 1939'-- 21
omit, insert-- 22
`Medical Practitioners Registration Act 2001'. 23
174
Medical Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH RIGHTS COMMISSION ACT 1991 1
1. Schedule 2, item 4-- 2
omit, insert-- 3
`4. Medical Board of Queensland'. 4
HEALTH SERVICES ACT 1991 5
1. Section 63(6), definition "health practitioner registration Act", 6
`Medical Act 1939'-- 7
omit, insert-- 8
`Medical Practitioners Registration Act 2001'. 9
INDY CAR GRAND PRIX ACT 1990 10
1. Section 23(1), `Medical Act 1939'-- 11
omit, insert-- 12
`Medical Practitioners Registration Act 2001'. 13
2. Section 23(2)(b)-- 14
omit, insert-- 15
`(b) medicine;'. 16
175
Medical Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
LAW REFORM ACT 1995 1
1. Section 15, definition "medical practitioner"-- 2
omit, insert-- 3
` "medical practitioner" includes a person registered under a law of 4
another State that provides for the same matter as the Medical 5
Practitioners Registration Act 2001 or a provision of that Act.'. 6
MEDICAL ACT AND OTHER ACTS 7
(ADMINISTRATION) ACT 1966 8
1. Title, `the Medical Act 1939,'-- 9
omit. 10
2. Section 4(1)(a)-- 11
omit. 12
MENTAL HEALTH ACT 1974 13
1. Section 5(1), definition "psychiatrist"-- 14
omit, insert-- 15
` "psychiatrist" means a person registered under the Medical Practitioners 16
Registration Act 2001 as a specialist registrant in the specialty of 17
psychiatry.'. 18
2. Section 71(4), `legally qualified'-- 19
omit. 20
176
Medical Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
3. Schedule 6, section 4(3), `specialists within the meaning of the 1
Medical Act 1939'-- 2
omit, insert-- 3
`persons registered as specialist registrants under the Medical 4
Practitioners Registration Act 2001'. 5
MENTAL HEALTH ACT 2000 6
1. Schedule 2, definition "psychiatrist"-- 7
omit, insert-- 8
` "psychiatrist" means a person registered under the Medical Practitioners 9
Registration Act 2001 as a specialist registrant in the specialty of 10
psychiatry.'. 11
PARLIAMENTARY CONTRIBUTORY 12
SUPERANNUATION ACT 1970 13
1. Section 19(1), `legally qualified'-- 14
omit. 15
PETROLEUM ACT 1923 16
1. Section 15(2)(c) and (4), `legally qualified'-- 17
omit. 18
177
Medical Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
RADIATION SAFETY ACT 1999 1
1. Schedule 2, definition "health practitioner registration Act", 2
`Medical Act 1939'-- 3
omit, insert-- 4
`Medical Practitioners Registration Act 2001'. 5
REGISTRATION OF BIRTHS, DEATHS AND 6
MARRIAGES ACT 1962 7
1. Section 36, `Medical Act 1939, part 9'-- 8
omit, insert-- 9
`Transplantation and Anatomy Act 1979, part 5'. 10
STATE DEVELOPMENT AND PUBLIC WORKS 11
ORGANISATION ACT 1971 12
1. Section 112(2)(b), `legally qualified'-- 13
omit. 14
TRANSPLANTATION AND ANATOMY ACT 1979 15
1. Section 12D-- 16
insert-- 17
`(3) In this section-- 18
178
Medical Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
"specialist anaesthetist" means a person registered under the Medical 1
Practitioners Registration Act 2001 as a specialist registrant in the 2
specialty of anaesthetics. 3
"specialist paediatrician" means a person registered under the Medical 4
Practitioners Registration Act 2001 as a specialist registrant in the 5
specialty of paediatrics.'. 6
2. Section 30(2), `deemed to be a medical practitioner for the purpose 7
of service as an intern'-- 8
omit, insert-- 9
`who is an intern under the Medical Practitioners Registration Act 10
2001'. 11
3. Section 38(2)-- 12
omit. 13
4. Section 45-- 14
insert-- 15
`(5) In this section-- 16
"specialist neurologist" means a person registered under the Medical 17
Practitioners Registration Act 2001 as a specialist registrant in the 18
specialty of neurology. 19
"specialist neurosurgeon" means a person registered under the Medical 20
Practitioners Registration Act 2001 as a specialist registrant in the 21
specialty of neurosurgery.'. 22
179
Medical Practitioners Registration Bill 2001
SCHEDULE 2 (continued)
VETERINARY SURGEONS ACT 1936 1
1. Section 22D(1), `persons who are registered as medical practitioners 2
under the Medical Act 1939'-- 3
omit, insert-- 4
`medical practitioners'. 5
WORKCOVER QUEENSLAND ACT 1996 6
1. Section 430(2), `Medical Act 1939'-- 7
omit, insert-- 8
`Medical Practitioners Registration Act 2001'. 9
2. Schedule 3, definition "specialist"-- 10
omit, insert-- 11
` "specialist" means a person registered as a specialist registrant under the 12
Medical Practitioners Registration Act 2001.'. 13
180
Medical Practitioners Registration Bill 2001
SCHEDULE 3 1
DICTIONARY 2
section 8 3
"accepted representations" see section 86(2). 4
"advertise" includes-- 5
(a) placing an entry in a directory; and 6
(b) displaying a sign; and 7
(c) using printed stationery. 8
"appellant" see section 237(1). 9
"application fee" see section 42(1)(c)(ii). 10
"appointed member" see section 15(1)(b). 11
"appointed registrant members" see section 15(2)(a). 12
"approved form" means a form approved by the board. 13
"assessment report" see section 48(1). 14
"Australian Medical Council" means the entity by the name of the 15
Australian Medical Council Incorporated, incorporated under the 16
Associations Incorporation Act 1991 (ACT). 17
"authorised person", for part 3, division 3, see section 61(1). 18
"board" means the Medical Board of Queensland. 19
"business name", of a business, means a name or style under which the 20
business is carried on. 21
"certificate of general registration" means a certificate of general 22
registration issued under part 3. 23
"certificate of provisional general registration" means a certificate of 24
provisional general registration issued under section 62(6). 25
"certificate of provisional specialist registration" means a certificate of 26
provisional specialist registration issued under section 125. 27
181
Medical Practitioners Registration Bill 2001
SCHEDULE 3 (continued)
"certificate of provisional special purpose registration" means a 1
certificate of provisional special purpose registration issued under 2
part 3, division 10. 3
"certificate of registration" means a certificate of general registration, 4
certificate of provisional general registration, certificate of specialist 5
registration, certificate of provisional specialist registration, 6
certificate of special purpose registration or certificate of provisional 7
special purpose registration. 8
"certificate of specialist registration" means a certificate of specialist 9
registration issued under part 3, division 9. 10
"certificate of special purpose registration" means a certificate of special 11
purpose registration issued under part 3, division 10. 12
"certified copy", of a certificate of registration, means a copy that is 13
certified by the board as being a true copy of the certificate. 14
"chairperson" means the chairperson of the board appointed under 15
section 19(1). 16
"chief health officer" means the chief health officer under the Health Act 17
1937. 18
"column 1 registration", for part 11, division 2, see section 280. 19
"column 2 registration", for part 11, division 2, see section 280. 20
"commencement", for part 11, division 2, see section 280. 21
"committee" means a committee of the board established under 22
section 33(1). 23
"convicted", of an offence, means being found guilty of the offence, on a 24
plea of guilty or otherwise, whether or not a conviction is recorded. 25
"corresponding law" means a law applying, or that applied, in another 26
State, the Commonwealth or a foreign country that provides, or 27
provided, for the same matter as-- 28
(a) a health practitioner registration Act or the Health Practitioners 29
(Professional Standards) Act 1999; or 30
(b) a provision of a health practitioner registration Act or the Health 31
Practitioners (Professional Standards) Act 1999. 32
"declaration period", for part 10, division 3, see section 267. 33
182
Medical Practitioners Registration Bill 2001
SCHEDULE 3 (continued)
"declared event", for part 10, division 3, see section 267. 1
"deputy chairperson" means the deputy chairperson of the board 2
appointed under section 19(1). 3
"document production requirement" see section 228(5). 4
"educational institution" means a university, training institution or 5
professional college engaged in the education of persons in the 6
practice of the profession. 7
"executive officer" means the executive officer appointed under the 8
Health Practitioner Registration Boards (Administration) Act 1999. 9
"executive officer", of a corporation, means a person who is concerned 10
with, or takes part in, the corporation's management, whether or not 11
the person is a director or the person's position is given the name of 12
executive officer. 13
"facsimile warrant" see section 210(4). 14
"foreign regulatory authority" means-- 15
(a) an interstate regulatory authority; or 16
(b) an entity established under a law applying in a foreign country, 17
other than New Zealand, having functions similar to the board's 18
functions under this Act or the Health Practitioners 19
(Professional Standards) Act 1999. 20
"former board", for part 11, division 2, see section 280. 21
"former registrant" means a person who was, but is not currently, 22
registered under part 3. 23
"general registrant" means a person registered, under part 3, as a general 24
registrant, but does not include a provisional general registrant. 25
"general registration" means registration of a person as a general 26
registrant under part 3. 27
"general registration period" see section 56(1). 28
"health assessment", in relation to a person, includes-- 29
(a) a physical, medical, psychiatric or psychological examination or 30
test of the person; and 31
183
Medical Practitioners Registration Bill 2001
SCHEDULE 3 (continued)
(b) asking questions to assess the person's mental and physical 1
health. 2
"Health Insurance Commission" means the Health Insurance 3
Commission established under the Health Insurance Commission Act 4
1973 (Cwlth), section 4. 5
"health practitioner registration Act" means any of the following Acts-- 6
· this Act 7
· Chiropractors Registration Act 2001 8
· Dental Practitioners Registration Act 2001 9
· Dental Technicians and Dental Prosthetists Registration Act 10
2001 11
· Medical Radiation Technologists Registration Act 2001 12
· Occupational Therapists Registration Act 2001 13
· Optometrists Registration Act 2001 14
· Osteopaths Registration Act 2001 15
· Pharmacists Registration Act 2001 16
· Physiotherapists Registration Act 2001 17
· Podiatrists Registration Act 2001 18
· Psychologists Registration Act 2001 19
· Speech Pathologists Registration Act 2001. 20
"health records", for part 10, division 1, see section 259. 21
"health service" means a service for maintaining, improving or restoring 22
people's health and wellbeing. 23
"impose", a condition, includes change or confirm the condition. 24
"information notice", for a decision of the board or an inspector, is a 25
notice stating the following-- 26
(a) the decision; 27
(b) the reasons for the decision; 28
(c) that the person to whom the notice is given may appeal against 29
the decision within 28 days; 30
184
Medical Practitioners Registration Bill 2001
SCHEDULE 3 (continued)
(d) how the person may appeal against the decision to the District 1
Court; 2
(e) if the decision is that a person be registered on conditions, other 3
than probationary conditions-- 4
(i) for a general or specialist registration--the review period 5
applying to the conditions; and 6
(ii) for conditions imposed because of the person's mental and 7
physical health, the details of which it has been decided 8
under section 59(4) to record in the register--the details that 9
must be recorded in the register for the period for which the 10
conditions are in force; 11
(f) if the decision is that a person be registered on probationary 12
conditions mentioned in section 57(3)(b)-- 13
(i) the part of the prescribed internship to be completed; and 14
(ii) the period in which the part of the prescribed internship is to 15
be completed; 16
(g) if the decision is that a general or specialist registration be 17
renewed or restored on recency of practice conditions, the review 18
period applying to the conditions; 19
(h) if the decision is that a registration be cancelled, a direction to the 20
person-- 21
(i) to return the certificate of registration to the board within 22
14 days after receiving the notice; and 23
(ii) for a decision that a specialist registrant's or provisional 24
specialist registrant's general registration be cancelled--to 25
return the certificate of specialist registration or certificate 26
of provisional specialist registration to the board within 14 27
days after receiving the notice; 28
(i) if the decision is that the conditions imposed on a general or 29
specialist registration be confirmed, the review period applying 30
to the confirmed conditions; 31
(j) if the decision is that the conditions imposed on a general or 32
specialist registration be changed-- 33
185
Medical Practitioners Registration Bill 2001
SCHEDULE 3 (continued)
(i) the review period applying to the changed conditions; and 1
(ii) if the conditions were imposed because of the person's 2
mental and physical health and it is decided under 3
section 108(2) that details of the changed conditions must 4
be recorded in the register, the details that must be recorded 5
in the register for the period for which the changed 6
conditions are in force; and 7
(iii) a direction to the person to return the certificate of 8
registration to the board within 14 days after receiving the 9
notice; 10
(iv) for a decision that conditions on a specialist registrant's 11
general registration be changed--a direction to the person to 12
return the certificate of specialist registration to the board 13
within 14 days after receiving the notice; 14
(k) if the decision is to refuse to renew, or to cancel, accreditation of 15
a program, a direction to the holder of the accreditation 16
certificate for the program to return the certificate to the board 17
within 14 days after receiving the notice. 18
"inspector" means a person who is appointed as an inspector under 19
section 201. 20
"intern" means a person registered as a general registrant on internship 21
conditions. 22
"internship", for the profession, means a program of practical experience 23
and training in the practice of the profession. 24
"internship conditions" means conditions mentioned in section 57(3) and 25
includes those conditions extended under section 94(1)(b)(ii). 26
"internship report", for a general registrant registered on internship 27
conditions, means a report-- 28
(a) providing an assessment of the registrant's competence to 29
practise the profession as demonstrated while undertaking an 30
internship; and 31
(b) in the approved form. 32
"intern training program" means a program that provides a 1 year 33
internship. 34
186
Medical Practitioners Registration Bill 2001
SCHEDULE 3 (continued)
"intern training secondment program" means a program that provides 1
part of an internship. 2
"interstate law", for part 10, division 3, see section 267. 3
"interstate regulatory authority" means an entity established under the 4
law of another State or New Zealand having functions similar to the 5
board's functions under this Act or the Health Practitioners 6
(Professional Standards) Act 1999. 7
"item", for part 11, division 2, see section 280. 8
"legislative scheme" see section 4. 9
"local practitioner", for part 10, division 3, see section 267. 10
"medical condition" includes substance abuse or dependence. 11
"medical practitioner" means a person registered under this Act. 12
"member" means a member of the board. 13
"notice" means written notice. 14
"occupier", of a place, includes a person who reasonably appears to be an 15
occupier, or in charge, of the place. 16
"office" means the Office of Health Practitioner Registration Boards under 17
the Health Practitioner Registration Boards (Administration) Act 18
1999. 19
"original decision" see section 237(1). 20
"participant", for part 10, division 3, see section 267. 21
"personal details requirement" see section 226(5). 22
"place" includes premises, vacant land and a vehicle. 23
"place of seizure" see section 217. 24
"possess", a health record, for part 10, division 1, see section 259. 25
"premises" includes-- 26
(a) a building or other structure; and 27
(b) a part of a building or other structure; and 28
(c) land where a building or other structure is situated. 29
"prepare", for part 10, division 3, see section 267. 30
187
Medical Practitioners Registration Bill 2001
SCHEDULE 3 (continued)
"probationary conditions" means internship conditions or supervised 1
practice program conditions. 2
"profession" means the medical profession. 3
"professional service" means a medical service, including a specialist 4
medical service. 5
"program", for part 5, see section 178. 6
"provisional general registrant" means a person registered, under 7
section 62, as a provisional general registrant. 8
"provisional general registration" means registration of a person as a 9
provisional general registrant under section 62. 10
"provisional specialist registrant" means a person registered, under 11
section 125, as a provisional specialist registrant. 12
"provisional specialist registration" means registration of a person as a 13
provisional specialist registrant under section 125. 14
"provisional special purpose registrant" means a person registered, 15
under part 3, division 10, as a provisional special purpose registrant. 16
"provisional special purpose registration" means registration of a person 17
as a provisional special purpose registrant under part 3, division 10. 18
"public members" see section 15(2)(b). 19
"public place" means a place that the public is entitled to use, is open to 20
the public or is used by the public (whether or not on payment of 21
money). 22
"recency of practice conditions" see section 76(2). 23
"recency of practice requirements" see section 70. 24
"register" means the register kept under section 254. 25
"registrant" means a person registered under part 3. 26
"registrant member" means the chief health officer or an appointed 27
registrant member. 28
"registration" means registration under part 3. 29
"registration fee" see section 42(1)(c)(iii). 30
188
Medical Practitioners Registration Bill 2001
SCHEDULE 3 (continued)
"renewable registration" means a general registration, special purpose 1
registration or specialist registration. 2
"repealed Act" means the Medical Act 1939. 3
"restoration fee" see section 80(1)(b)(i). 4
"restricted specialist title", for a specialty, means a title that consists of or 5
includes words prescribed under a regulation for the specialty. 6
"restricted title" means a title that consists of, or includes, the words 7
`medical practitioner'. 8
"review period", applying to conditions imposed by the board or the 9
District Court on a general registration or specialist registration, 10
means the period, not more than 3 years after the decision to impose 11
the conditions takes effect, within which the registrant may not apply 12
for a review of the conditions under part 3. 13
"service agreement" means an agreement made under the Health 14
Practitioner Registration Boards (Administration) Act 1999, between 15
the executive officer and the board, for the provision of administrative 16
and operational support by the office to the board. 17
"show cause notice" means-- 18
(a) for part 3, division 6--see section 85(1); 19
(b) for part 5, division 4--see section 191(1). 20
"show cause period" means-- 21
(a) for part 3, division 6--see section 85(2)(d); 22
(b) for part 5, division 4--see section 191(2)(d). 23
"specialist application fee" see section 110(1)(c)(ii). 24
"specialist registrant" means a person registered, under part 3, division 9, 25
as a specialist registrant. 26
"specialist registration" means registration of a person as a specialist 27
registrant under part 3, division 9. 28
"specialist registration fee" see section 110(1)(c)(iii). 29
"special purpose registrant" means a person registered, under part 3, 30
division 8, as a special purpose registrant, but does not include a 31
provisional special purpose registrant. 32
189
Medical Practitioners Registration Bill 2001
SCHEDULE 3 (continued)
"special purpose registration" means registration of a person as a special 1
purpose registrant under part 3, division 10. 2
"specialty" means a branch of medicine prescribed under a regulation to 3
be a specialty. 4
"supervised practice program", for a person, means a program that-- 5
(a) provides the person experience in the practice of the profession 6
in a professional practice setting; and 7
(b) is supervised by a registrant. 8
"supervised practice program conditions" means conditions mentioned 9
in section 58(3) and includes those conditions extended under 10
section 94(1)(b)(ii). 11
"supervised practice program report", for a general registrant registered 12
on supervised practice program conditions, means a report-- 13
(a) providing an assessment of the registrant's competence to 14
practise the profession, as demonstrated while undertaking the 15
program approved by the board for the registrant; and 16
(b) in the approved form. 17
"tribunal" means the Health Practitioners Tribunal established under the 18
Health Practitioners (Professional Standards) Act 1999, section 26. 19
"user", of a registrant's services, includes a person who used the services. 20
"visiting practitioner", for part 10, division 3, see section 267. 21
"warrant form" see section 210(5)(b). 22
© State of Queensland 2001
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