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Queensland
MEDICAL RADIATION
TECHNOLOGISTS
REGISTRATION BILL 2000
Queensland
MEDICAL RADIATION
TECHNOLOGISTS REGISTRATION
BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Board's decisions to accord with decisions of certain bodies
under the Health Practitioners (Professional Standards) Act 1999 . . . . . . . 14
6 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Objects
7 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--MEDICAL RADIATION TECHNOLOGISTS BOARD
OF QUEENSLAND
Division 1--Establishment and functions
9 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Board's independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
18 Certain nominee board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 22
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Leave of absence for a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3--Board business
27 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . 29
Division 7--Annual reports
37 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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Division 8--Other provisions about the board
38 Board is statutory body under the Financial Administration and
Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
39 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subdivision 2--Eligibility for general registration
43 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 33
45 Fitness to practise the profession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 35
47 Appointment of appropriately qualified person to conduct health
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
48 Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 4--Decision on applications
51 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 39
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 6--Period of general registration
56 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Subdivision 7--Conditions of general registration
57 Imposition of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
58 Relevant practical experience in the profession . . . . . . . . . . . . . . . . . . . . . . 44
59 Imposition of other conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
60 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 8--Provisions relating to probationary registrants
61 Supervised practice program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
62 Person ceasing to be supervisor must give report to board or
nominated entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 3--Provisional general registration
63 Meaning of "authorised person" for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
64 Provisional general registration of person on probationary conditions . . . . 47
65 Confirmation or cancellation of provisional general registration . . . . . . . . . 48
66 Procedure after cancellation of provisional general registration . . . . . . . . . 49
67 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 49
68 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
69 Board decides to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
70 Board decides to refuse to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
71 Deemed refusal by board to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
72 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 51
Subdivision 2--Applications for renewal of general registrations
73 Notification of imminent expiry of registration . . . . . . . . . . . . . . . . . . . . . . . 52
74 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
75 General registration taken to be in force while application is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Subdivision 3--Decision on applications
76 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
77 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
78 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . 55
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79 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 5--Restoration of general registrations
80 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
81 When an application for restoration of a general registration may
be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
82 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
83 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
84 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
85 When recency of practice conditions take effect . . . . . . . . . . . . . . . . . . . . . 58
Division 6--Cancellation of general registrations
86 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
87 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
88 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 59
89 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 59
90 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
91 Return of cancelled certificate of general registration to board . . . . . . . . . 60
Division 7--Reviewing probationary conditions on general
registrations
92 Review of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
93 Registrant to give notice about completion of program to board . . . . . . . . . 60
94 Board to give notice to supervisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
95 Entity to give board supervised practice report . . . . . . . . . . . . . . . . . . . . . . . 61
96 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
97 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
98 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
99 Failure by board to make decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
100 When additional conditions end . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
101 Amending or replacing certificates of general registration . . . . . . . . . . . . . 65
Division 8--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or
District Court
102 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
103 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
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104 Review of conditions during review period . . . . . . . . . . . . . . . . . . . . . . . . . . 67
105 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
106 Application of ss 4750 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
107 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
108 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
109 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
110 Failure by board to make decision on application . . . . . . . . . . . . . . . . . . . . 70
111 Failure by board to make decision on review agreed to under s 104 . . . . . 71
112 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 72
Subdivision 2--Recording change, or removal, of conditions
113 Amendment of, or replacing, certificates of general registration . . . . . . . . 72
Division 9--Special purpose registrations
Subdivision 1--Applications for special purpose registration
114 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 73
115 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
116 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
117 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 75
118 Suitability to be a special purpose registrant . . . . . . . . . . . . . . . . . . . . . . . . 75
119 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
120 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
121 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
122 Provisional special purpose registration of a person . . . . . . . . . . . . . . . . . . . 76
Subdivision 2--Renewal of special purpose registrations
123 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
124 Matters that may be considered in deciding whether to renew
special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
125 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
126 Period of renewed special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 79
Subdivision 3--Cancellation of special purpose registrations
127 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
128 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Subdivision 4--Removal of conditions
129 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
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Division 10--General provisions about registrations
130 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 81
131 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
132 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 81
133 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 82
134 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
135 Notification of certain events to interstate regulatory authorities
and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
136 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
137 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
138 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 87
139 Restrictions on special purpose registrants, provisional general
registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . 87
140 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 88
Division 2--Notification of business names and other details
141 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
142 Notification of change in business names etc. . . . . . . . . . . . . . . . . . . . . . . . 89
Division 3--Advertising
143 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
144 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Division 4--Registrants' autonomy
145 Aiding, abetting etc. conduct that is a ground for disciplinary action . . . . . 91
Division 5--Court orders and injunctions
146 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 92
147 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 6--Reprisals
148 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
149 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
150 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
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Division 7--Other provisions
151 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . 96
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
152 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
153 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
154 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 2--Appointment of inspectors and other matters
155 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
156 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
157 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
158 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
159 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 99
Division 3--Powers of inspectors
Subdivision 1--Entry of places
160 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Subdivision 2--Procedure for entry
161 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
162 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
163 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
164 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
165 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Subdivision 3--Powers after entry
166 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
167 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
168 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Subdivision 4--Power to seize evidence
169 Seizing evidence at a place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
170 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
171 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
172 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
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Medical Radiation Technologists Registration
173 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
174 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
175 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
176 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
177 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
178 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
179 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Subdivision 5--Power to obtain information
180 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
181 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
182 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
183 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
184 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 4--General enforcement matters
185 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
186 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
187 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
188 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
189 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
190 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
PART 6--APPEALS
191 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
192 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
193 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
194 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
195 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
196 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
197 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
198 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
199 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
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Medical Radiation Technologists Registration
Division 2--Proceedings
200 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
201 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
202 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 120
203 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 121
204 Allegations of false or misleading information or documents . . . . . . . . . . . 121
205 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
206 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 121
207 Executive officers must ensure corporation complies with Act . . . . . . . . . . 122
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
208 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
209 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 2--Records to be kept
210 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 3--Information
211 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
212 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 126
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
213 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
214 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 127
215 Health records forming part of deceased estate . . . . . . . . . . . . . . . . . . . . . . 127
216 Health records of persons convicted of an offence against
s 136(1) or (6) or 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
217 Dealing with certain health records seized under s 169 or 170 . . . . . . . . . . 128
218 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
219 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 2--Continuing professional education of registrants
220 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 3--Declared events
221 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
222 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
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Medical Radiation Technologists Registration
223 Deemed general registration of visiting practitioners . . . . . . . . . . . . . . . . . . 131
Division 4--Other provisions
224 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
225 Protection for persons supervising probationary registrants . . . . . . . . . . . . . 132
226 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 133
227 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 133
228 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
229 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
230 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
231 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
PART 10--TRANSITIONAL PROVISIONS
232 First members, and chairperson and deputy chairperson, of
Medical Radiation Technologists Board of Queensland . . . . . . . . . . . . . . . 135
233 Transitional provision about registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
234 Sections 141 and 144 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 137
235 Transitional provision for graduate practitioners . . . . . . . . . . . . . . . . . . . . . . 137
236 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
PART 11--CONSEQUENTIAL AMENDMENTS
237 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 140
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 142
CONSEQUENTIAL AMENDMENTS OF ACTS
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 144
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
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Medical Radiation Technologists Registration
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 146
DICTIONARY
2000
A BILL
FOR
An Act to provide for the registration of medical imaging
technologists, nuclear medicine technologists and radiation
therapists, and for other purposes
s1 14 s5
Medical Radiation Technologists Registration
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Medical Radiation Technologists 5
Registration Act 2000. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation. 8
Division 2--Operation of Act 9
binds all persons 10
Act
3.(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
legislative scheme 14
The
4. 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
decisions to accord with decisions of certain bodies under the 19
Board's
Health Practitioners (Professional Standards) Act 1999 20
5.(1) This section applies if the board is making-- 21
s6 15 s7
Medical Radiation Technologists Registration
(a) a decision on an application for registration; or 1
(b) a decision, under this Act, affecting a registrant's registration. 2
(2) The decision must comply with, and be consistent with, any decision 3
of the board, a disciplinary committee, a professional conduct review panel, 4
the Health Practitioners Tribunal or the Court of Appeal, affecting the 5
applicant or registration, under the Health Practitioners (Professional 6
Standards) Act 1999. 7
recognition legislation not affected 8
Mutual
6. This Act does not affect the operation of the Mutual Recognition 9
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 10
(Queensland) Act 1999. 11
Division 3--Objects 12
of Act 13
Objects
7.(1) The objects of this Act are-- 14
(a) to protect the public by ensuring health care is delivered by 15
registrants in a professional, safe and competent way; and 16
(b) to uphold the standards of practice within the professions; and 17
(c) to maintain public confidence in the professions. 18
(2) The objects are to be achieved mainly by-- 19
(a) establishing the Medical Radiation Technologists Board of 20
Queensland; and 21
(b) providing for the registration of persons under this Act; and 22
(c) imposing obligations on persons in relation to the practice of the 23
professions; and 24
(d) providing for compliance with this Act to be monitored and 25
enforced. 26
s8 16 s 11
Medical Radiation Technologists Registration
4--Interpretation 1
Division
2
Definitions
8. The dictionary in schedule 3 defines particular words used in this Act. 3
PART 2--MEDICAL RADIATION TECHNOLOGISTS 4
BOARD OF QUEENSLAND 5
1--Establishment and functions 6
Division
of board 7
Establishment
9.(1) The Medical Radiation Technologists Board of Queensland is 8
established. 9
(2) The board-- 10
(a) is a body corporate; and 11
(b) has a common seal; and 12
(c) may sue and be sued in its corporate name. 13
relationship with the State 14
Board's
10. The board does not represent the State. 15
of board 16
Functions
11. The board has the following functions-- 17
(a) to assess applications for registration; 18
(b) to register persons who satisfy the requirements for registration; 19
(c) to monitor, and assess, whether registrants comply with any 20
conditions of registration; 21
s 11 17 s 11
Medical Radiation Technologists Registration
(d) to keep a register of, and records relating to, registrants; 1
(e) to promote high standards of practice of the professions by 2
registrants; 3
(f) to develop or adopt programs for the continuing professional 4
education of registrants, and encourage their participation in the 5
programs; 6
(g) to develop or adopt training programs in the practice of the 7
professions that are relevant to a person's eligibility for 8
registration; 9
10
Example of `training programs'--
11
Refresher courses for persons who have not practised a profession for a
12
number of years.
(h) to confer and cooperate with interstate regulatory authorities; 13
(i) to confer and cooperate with entities engaged in the development 14
of national policies about the regulation of the professions; 15
(j) to confer and cooperate with the following entities about the 16
education of persons in the practice of the professions-- 17
(i) educational institutions; 18
(ii) entities responsible for accrediting courses, or accrediting 19
institutions to educate persons, for the profession; 20
(k) to inform registrants and the public about the operation of the 21
legislative scheme in its application to the professions; 22
(l) to examine, and advise the Minister about, the operation of the 23
legislative scheme in its application to the professions; 24
(m) to monitor, and enforce, compliance with this Act; 25
(n) to undertake research, relevant to the legislative scheme, into the 26
regulation of the professions; 27
(o) to collect, and give to persons, information about the practice of 28
the professions by registrants; 29
30
Example of `information about the practice of the professions by
31
registrants'--
32
The languages, other than English, spoken by registrants.
s 12 18 s 13
Medical Radiation Technologists Registration
(p) to perform other functions given to the board under this or 1
another Act. 2
3
Example for paragraph (p)--
4
Under the Health Practitioners (Professional Standards) Act 1999,
5
section 374, the board may develop codes of practice, or adopt another
6
entity's code of practice, to provide guidance to registrants as to
7
appropriate professional conduct or practice.
independence etc. 8
Board's
12. In performing its functions, the board is to act independently, 9
impartially and in the public interest. 10
of board 11
Powers
13.(1) The board has all the powers of an individual, and may, for 12
example-- 13
(a) enter into contracts; and 14
(b) enter into service agreements; and 15
(c) acquire, hold, dispose of, and deal with, property; and 16
(d) appoint agents and attorneys; and 17
(e) engage consultants; and 18
(f) fix charges, and other terms, for services and other facilities it 19
supplies; and 20
(g) do anything else necessary or convenient to be done for, or in 21
connection with, its functions. 22
(2) This section does not authorise the board to obtain administrative and 23
operational support other than as required by the Health Practitioner 24
Registration Boards (Administration) Act 1999. 25
(3) Without limiting subsection (1), the board has the powers given to it 26
under this or another Act. 27
(4) The board may exercise its powers inside or outside Queensland. 28
(5) Without limiting subsection (4), the board may exercise its powers 29
outside Australia. 30
s 14 19 s 15
Medical Radiation Technologists Registration
by board 1
Delegation
14.(1) The board may delegate its powers under this Act to-- 2
(a) a member; or 3
(b) a committee of the board consisting of appropriately qualified 4
persons, 1 of whom must be a member; or 5
(c) the executive officer; or 6
(d) with the agreement of the executive officer--an appropriately 7
qualified member of the office's staff. 8
(2) However, the board may not delegate its power under this Act-- 9
(a) to decide to register, or refuse to register, an applicant for 10
registration; or 11
(b) to decide to refuse to renew a renewable registration; or 12
(c) to decide to refuse to restore a renewable registration; or 13
(d) to decide to cancel a registration; or 14
(e) to decide to impose, or remove, conditions on a registration; or 15
(f) to enter into a service agreement. 16
(3) In this section-- 17
"appropriately qualified" includes having the qualifications, experience or 18
standing appropriate to exercise the power. 19
20
Example of `standing' for a member of the office's staff--
21
The staff member's classification level in the office.
2--Membership 22
Division
of board 23
Membership
15.(1) The board consists of at least 7, but not more than 11, members 24
appointed by the Governor in Council. 25
(2) The board must include-- 26
(a) persons who are general registrants (the "registrant members"); 27
and 28
s 16 20 s 16
Medical Radiation Technologists Registration
(b) persons (the "public members") having an interest in, and 1
knowledge of, consumer health issues who are not, and have not 2
been-- 3
(i) registered under a health practitioner registration Act or an 4
earlier corresponding Act; or 5
(ii) registered or enrolled under the Nursing Act 1992 or an 6
earlier corresponding Act; or 7
(iii) registered or enrolled under a law applying, or that applied, 8
in another State or foreign country that provides, or 9
provided, for the same matter as a health practitioner 10
registration Act or the Nursing Act 1992 or a provision of the 11
Act; and 12
(c) 1 lawyer nominated by the Minister. 13
(3) Also, the Minister may nominate persons who do not belong to the 14
categories of persons mentioned in subsection (2) to be members. 15
(4) Also, the registrant members must consist of at least 1 general 16
registrant from each profession. 17
(5) A majority of the members must be registrant members. 18
(6) In this section-- 19
"earlier corresponding Act", in relation to a health practitioner registration 20
Act, means an earlier Act that provided for the same matter as the 21
health practitioner registration Act or a provision of the health 22
practitioner registration Act. 23
"earlier corresponding Act", in relation to the Nursing Act 1992, means 24
an earlier Act that provided for the same matter as the Nursing Act 25
1992 or a provision of the Nursing Act 1992. 26
members 27
Registrant
16. The registrant members must consist of-- 28
(a) at least 2 general registrants nominated by the bodies the Minister 29
considers represent the interests of registrants; and 30
(b) if there are educational institutions established in the State--1 31
general registrant nominated by the governing bodies of the 32
s 17 21 s 18
Medical Radiation Technologists Registration
institutions chosen by the Minister; and 1
(c) at least 1 general registrant nominated by the Minister. 2
members 3
Public
17. The public members must consist of-- 4
(a) at least 1 person nominated by community groups and other 5
entities the Minister considers have an interest in consumer health 6
issues; and 7
(b) at least 1 other person nominated by the Minister. 8
nominee board members 9
Certain
18.(1) This section applies for the nomination of a person or persons for 10
a position or positions on the board under section 16(a) or (b) or 17(a). 11
(2) The Minister must give the entities who may make the nomination 12
notice stating a reasonable period within which they may nominate the 13
person or persons for the position or positions. 14
(3) The Minister may in the notice ask the entities to nominate more than 15
the required number of persons for the position or positions. 16
(4) Subject to subsections (5) and (6), if the entities nominate more than 17
the required number of persons for the position or positions-- 18
(a) the Minister must choose the nominee or nominees for the 19
position or positions from the nominations; and 20
(b) the person or persons chosen are taken to be the nominee or 21
nominees, under the relevant provision mentioned in 22
subsection (1), for the position or positions. 23
(5) Subsection (6) applies if-- 24
(a) the entities do not nominate a person or persons for the position 25
or positions within the period stated in the notice; or 26
(b) the entities nominate a number of persons for the position or 27
positions that is less than the number requested by the Minister 28
under subsection (3); or 29
s 19 22 s 20
Medical Radiation Technologists Registration
(c) the person or any of the persons nominated by the entities are not 1
eligible to be appointed to the position or positions concerned. 2
(6) The Minister must nominate a person or persons eligible to be 3
appointed to the position or positions and the nomination or nominations are 4
taken to have been made by the entities. 5
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 6
nomination under subsection (6) may be of, or include, a person or persons 7
nominated by the entities. 8
and deputy chairperson of board 9
Chairperson
19.(1) The Governor in Council is to appoint a registrant member to be 10
the chairperson, and another registrant member to be the deputy 11
chairperson, of the board. 12
(2) A person may be appointed as the chairperson or deputy chairperson 13
at the same time the person is appointed as a member. 14
(3) The chairperson or deputy chairperson holds office for the term 15
decided by the Governor in Council, unless the person's term of office as a 16
member ends sooner than the person's term of office as chairperson or 17
deputy chairperson. 18
(4) A vacancy occurs in the office of chairperson or deputy chairperson if 19
the person holding the office resigns the office by signed notice of 20
resignation given to the Minister or ceases to be a registrant member. 21
(5) However, a person resigning the office of chairperson or deputy 22
chairperson may continue to be a member. 23
(6) The deputy chairperson is to act as chairperson-- 24
(a) during a vacancy in the office of chairperson; and 25
(b) during all periods when the chairperson is absent from duty or, 26
for another reason, can not perform the functions of the office. 27
of appointment 28
Term
20. A member is to be appointed for a term of not more than 4 years. 29
s 21 23 s 22
Medical Radiation Technologists Registration
from membership 1
Disqualification
21.(1) A person can not become, or continue as, a member if the 2
person-- 3
(a) is affected by bankruptcy action; or 4
(b) is, or has been, convicted of an indictable offence; or 5
(c) is, or has been, convicted of an offence against this Act. 6
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 7
person-- 8
(a) is bankrupt; or 9
(b) has compounded with creditors; or 10
(c) has otherwise taken, or applied to take, advantage of any law 11
about bankruptcy. 12
of office 13
Vacation
22.(1) A member is taken to have vacated office if the member-- 14
(a) resigns his or her position on the board by signed notice of 15
resignation given to the Minister; or 16
(b) can not continue as a member under section 21; or 17
(c) is absent without the board's permission from 3 consecutive 18
meetings of the board of which due notice has been given. 19
(2) Also, a member is taken to have vacated office in any of the 20
following circumstances-- 21
(a) if the member is a registrant member--the member stops being a 22
general registrant; 23
(b) if the member is a public member--the member stops being a 24
person mentioned in section 15(2)(b); 25
(c) if the member was nominated, for membership of the board, 26
under section 15(2)(c)--the member stops being a lawyer. 27
(3) In this section-- 28
"meeting" means the following-- 29
s 23 24 s 25
Medical Radiation Technologists Registration
(a) if the member does not attend--a meeting with a quorum present; 1
(b) if the member attends--a meeting with or without a quorum 2
present. 3
notice of resignation takes effect 4
When
23. A notice of resignation under section 19(4) or 22(1)(a) takes effect 5
when the notice is given to the Minister or, if a later time is stated in the 6
notice, the later time. 7
of absence for a member 8
Leave
24.(1) The Minister may approve a leave of absence for a member (the 9
"approved absent member") of more than 3 months. 10
(2) The Minister may appoint another person to act in the office of the 11
approved absent member while the member is absent on the approved 12
leave. 13
(3) A person appointed under subsection (2) must belong to the same 14
category of persons mentioned in section 15(2) or (3) to which the approved 15
absent member belongs. 16
(4) If the approved absent member is the deputy chairperson, the 17
Minister may appoint another registrant member to act in the deputy 18
chairperson's office while the deputy chairperson is absent on the approved 19
leave. 20
of vacancy in membership of board 21
Effect
25.(1) Subsection (2) applies despite sections 15 to 17.1 22
(2) The performance of a function, or exercise of a power, by the board is 23
not affected merely because of a vacancy in the membership of the board. 24
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 26 25 s 30
Medical Radiation Technologists Registration
of members 1
Remuneration
26. A member is entitled to be paid the fees and allowances decided by 2
the Governor in Council. 3
3--Board business 4
Division
onduct of business 5
C
27. Subject to this division, the board may conduct its business, including 6
its meetings, in the way it considers appropriate. 7
and places of meetings 8
Times
28.(1) Board meetings are to be held at the times and places the 9
chairperson decides. 10
(2) However, the chairperson must call a meeting if asked, in writing, to 11
do so by the Minister or at least the number of members forming a quorum 12
for the board. 13
uorum 14
Q
29. A quorum for the board is the number equal to one-half of the 15
number of its members or, if one-half is not a whole number, the next 16
highest whole number. 17
at meetings 18
Presiding
30.(1) The chairperson is to preside at all meetings of the board at which 19
the chairperson is present. 20
(2) If the chairperson is absent from a board meeting, but the deputy 21
chairperson is present, the deputy chairperson is to preside. 22
(3) If the chairperson and deputy chairperson are both absent from a 23
board meeting or the offices are vacant, a registrant member chosen by the 24
members present is to preside. 25
s 31 26 s 32
Medical Radiation Technologists Registration
of meetings 1
Conduct
31.(1) A question at a board meeting is decided by a majority of the votes 2
of the members present. 3
(2) Each member present at the meeting has a vote on each question to be 4
decided and, if the votes are equal, the member presiding also has a casting 5
vote. 6
(3) A member present at the meeting who abstains from voting is taken 7
to have voted for the negative. 8
(4) The board may hold meetings, or allow members to take part in its 9
meetings, by using any technology allowing reasonably contemporaneous 10
and continuous communication between members taking part in the 11
meeting. 12
13
Example of `technology allowing reasonably contemporaneous and continuous
14
communication'--
15
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 16
taken to be present at the meeting. 17
(6) A resolution is validly made by the board, even if it is not passed at a 18
board meeting, if-- 19
(a) a majority of the board members gives written agreement to the 20
resolution; and 21
(b) notice of the resolution is given under procedures approved by the 22
board. 23
inutes 24
M
32.(1) The board must keep-- 25
(a) minutes of its meetings; and 26
(b) a record of any resolutions made under section 31(6). 27
(2) Subsection (3) applies if a resolution is passed at a board meeting by 28
a majority of the members present. 29
(3) If asked by a member who voted against the passing of the 30
s 33 27 s 34
Medical Radiation Technologists Registration
resolution, the board must record in the minutes of the meeting that the 1
member voted against the resolution. 2
4--Board committees 3
Division
4
Committees
33.(1) The board may establish committees of the board for effectively 5
and efficiently performing its functions. 6
(2) A committee may include a person who is not a member of the 7
board. 8
(3) The board is to decide the terms of reference of a committee. 9
(4) The functions of a committee are to-- 10
(a) advise and make recommendations to the board about matters, 11
within the scope of the board's functions, referred by the board to 12
the committee; and 13
(b) exercise powers delegated to it by the board.2 14
(5) A committee must keep a record of the decisions it makes when 15
exercising a power delegated to it by the board. 16
(6) The board may decide matters about a committee that are not 17
provided for under this Act, including, for example, the way a committee 18
must conduct meetings. 19
of committee members 20
Remuneration
34. A committee member is entitled to be paid the fees and allowances 21
decided by the Governor in Council. 22
2 See section 14 for the board's power of delegation.
s 35 28 s 35
Medical Radiation Technologists Registration
Division 5--Disclosure of interests by board members and committee 1
members 2
of interests 3
Disclosure
35.(1) This section applies to a board or committee member (the 4
"interested person") if-- 5
(a) the interested person has a direct or indirect interest in an issue 6
being considered, or about to be considered, by the board or 7
committee; and 8
(b) the interest could conflict with the proper performance of the 9
person's duties about the consideration of the issue. 10
(2) As soon as practicable after the relevant facts come to the interested 11
person's knowledge, the person must disclose the nature of the interest to a 12
board or committee meeting. 13
(3) Unless the board or committee otherwise directs, the interested 14
person must not-- 15
(a) be present when the board or committee considers the issue; or 16
(b) take part in a decision of the board or committee about the issue. 17
(4) The interested person must not be present when the board or 18
committee is considering whether to give a direction under subsection (3). 19
(5) If there is another person who must, under subsection (2), also 20
disclose an interest in the issue, the other person must not-- 21
(a) be present when the board or committee is considering whether to 22
give a direction under subsection (3) about the interested person; 23
or 24
(b) take part in making the decision about giving the direction. 25
(6) If-- 26
(a) because of this section, a board or committee member is not 27
present at a board or committee meeting for considering or 28
deciding an issue, or for considering or deciding whether to give a 29
direction under subsection (3); and 30
(b) there would be a quorum if the member were present; 31
s 36 29 s 36
Medical Radiation Technologists Registration
the remaining persons present are a quorum of the board or committee for 1
considering or deciding the issue, or for considering or deciding whether to 2
give the direction, at the meeting. 3
(7) A disclosure under subsection (2) must be recorded in the board's or 4
committee's minutes. 5
(8) If the interested person is a registrant member, the person does not 6
have a direct or indirect interest in an issue if the interest arises merely 7
because the person is a registrant. 8
Division 6--Directions by Minister 9
power to give directions in the public interest 10
Minister's
36.(1) The Minister may give the board a written direction about a matter 11
relevant to the performance of its functions under this Act if the Minister is 12
satisfied it is necessary to give the direction in the public interest. 13
(2) Without limiting subsection (1), the direction may be to-- 14
(a) give reports and information; or 15
(b) apply to the board a policy, standard or other instrument applying 16
to a public sector unit. 17
(3) The direction can not be about-- 18
(a) the registering of, or refusal to register, an applicant for 19
registration; or 20
(b) the renewing of, or refusal to renew, a renewable registration; or 21
(c) the restoring of, or refusal to restore, a renewable registration; or 22
(d) the cancelling of a registration; or 23
(e) the imposing, or removal, of conditions on a registration. 24
(4) Despite section 12,3 the board must comply with the direction. 25
3 Section 12 (Board's independence etc.)
s 37 30 s 38
Medical Radiation Technologists Registration
Division 7--Annual reports 1
to be included in annual report 2
Matters
37.(1) The board's annual report under the Financial Administration and 3
Audit Act 1977 for a financial year must include the following-- 4
(a) copies of all ministerial directions given to the board under 5
section 36 during the financial year; 6
(b) the number of registrants at the end of the financial year; 7
(c) details of the amount of the board's funds spent, in the financial 8
year, on investigations and inspections under part 5;4 9
(d) details of the amount of the board's funds spent, in the financial 10
year, on developing or adopting training programs in the practice 11
of the professions that are relevant to a person's eligibility for 12
registration; 13
(e) details of the amount of the board's funds spent in the financial 14
year on research, relevant to the legislative scheme, into the 15
regulation of the professions; 16
(f) details of any policies or programs developed, or initiatives taken, 17
by the board in the financial year for the general benefit of users 18
of registrants' services. 19
(2) However, the board must exclude from the copies mentioned in 20
subsection (1)(a) all information likely to identify a person mentioned in the 21
direction. 22
Division 8--Other provisions about the board 23
is statutory body under the Financial Administration and 24
Board
Audit Act 1977 25
38. The board is a statutory body under the Financial Administration and 26
Audit Act 1977. 27
4 Part 5 (Investigation and enforcement)
s 39 31 s 42
Medical Radiation Technologists Registration
is statutory body under the Statutory Bodies Financial 1
Board
Arrangements Act 1982 2
39.(1) The board is a statutory body under the Statutory Bodies Financial 3
Arrangements Act 1982. 4
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 sets 5
out the way in which the board's powers under this Act are affected by the 6
Statutory Bodies Financial Arrangements Act 1982. 7
common seal 8
Board's
40. The board's common seal is to be kept in the custody of a person 9
nominated by the board and may be used only as authorised by the board. 10
PART 3--REGISTRATION 11
Division 1--Preliminary 12
may apply for registration 13
Who
41. Only an individual may apply for registration. 14
2--Applications for general registration 15
Division
Subdivision 1--Applications 16
requirements for applications 17
Procedural
42.(1) An application for general registration in a profession must-- 18
(a) be made to the board; and 19
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 43 32 s 43
Medical Radiation Technologists Registration
(b) be in the approved form; and 1
(c) be accompanied by-- 2
(i) satisfactory evidence of relevant qualifications in the 3
profession; and 4
(ii) the application fee prescribed under a regulation (the 5
"application fee"); and 6
(iii) the registration fee prescribed under a regulation (the 7
"registration fee"); and 8
(iv) any other documents, identified in the approved form, the 9
board reasonably requires; and 10
(v) if the applicant is registered under a corresponding law in the 11
profession, written details of any conditions of the 12
registration. 13
(2) Information in the application must, if the approved form requires, be 14
verified by a statutory declaration. 15
2--Eligibility for general registration 16
Subdivision
17
Eligibility
43.(1) An applicant for general registration in a profession is eligible for 18
general registration in the profession if-- 19
(a) the applicant is qualified for general registration in the profession 20
under section 44; and 21
(b) the applicant is fit to practise the profession. 22
(2) Without limiting subsection (1), the board may be satisfied the 23
applicant is eligible for general registration in the profession by imposing 24
conditions on the registration under section 59.6 25
(3) Also, section 577 states when an applicant's general registration must 26
be subject to probationary conditions. 27
6 Section 59 (Imposition of other conditions by board)
7 Section 57 (Imposition of probationary conditions)
s 44 33 s 44
Medical Radiation Technologists Registration
applicant is qualified for general registration 1
When
44.(1) An applicant for general registration in a profession is qualified for 2
general registration in the profession if-- 3
(a) the applicant has a qualification in the profession prescribed under 4
a regulation; or 5
(b) the applicant has a qualification in the profession that is 6
substantially equivalent to, or based on similar competencies to 7
that required for, a current Australian or New Zealand 8
qualification; or 9
(c) the applicant has passed a qualifying examination in the 10
profession set by or for, or recognised by, the board. 11
(2) In deciding whether subsection (1)(b) is satisfied, the board may have 12
regard to the following-- 13
(a) the advice and recommendations of-- 14
(i) an entity recognised by the board as competent to assess 15
qualifications in the profession; or 16
(ii) an entity responsible for accrediting courses, or accrediting 17
institutions to educate persons, for the profession; 18
(b) the attributes of the course leading to the applicant's qualification; 19
20
Example of `attributes' of a course--
21
The course objectives and competencies.
(c) any other relevant issue. 22
(3) In this section-- 23
"current Australian or New Zealand qualification", in a profession, 24
means an Australian or New Zealand qualification in the profession, 25
mentioned in a regulation made under subsection (1)(a), that may be 26
conferred or awarded as a result of the successful completion of a 27
course offered, at the date of the applicant's application for general 28
registration, by the educational institution mentioned in relation to the 29
qualification. 30
s 45 34 s 45
Medical Radiation Technologists Registration
to practise the profession 1
Fitness
45.(1) In deciding whether an applicant for general registration in a 2
profession is fit to practise the profession, the board may have regard to the 3
following-- 4
(a) the applicant's mental and physical health; 5
(b) the applicant's command of the English language; 6
(c) whether the applicant has been convicted of an indictable offence; 7
(d) whether the applicant has been convicted of an offence against this 8
Act, the Health Practitioners (Professional Standards) Act 1999 9
or a corresponding law; 10
(e) whether the applicant has been convicted of an offence, relating to 11
the practice of the profession, against a law applying, or that 12
applied, in the State, the Commonwealth, another State or a 13
foreign country (other than laws mentioned in paragraph (d)), 14
including, for example an offence of that type against-- 15
(i) the Radiation Safety Act 1999; or 16
(ii) the Health Act 1937; or 17
(iii) the Fair Trading Act 1989; 18
(f) if the applicant has been registered under this Act in the 19
profession or is, or has been, registered under a corresponding 20
law in the profession and the registration was affected-- 21
(i) by the imposition of a condition--the nature of the condition 22
and the reason for its imposition; or 23
(ii) by its suspension or cancellation--the reason for its 24
suspension or cancellation; or 25
(iii) in another way--the way it was affected and the reason for it 26
being affected; 27
(g) for an applicant who holds, or has held, a licence, certificate or 28
approval under the Radiation Safety Act 1999-- 29
(i) if the licence, certificate or approval was affected by the 30
imposition of a condition--the nature of the condition and 31
the reason for its imposition; or 32
s 46 35 s 46
Medical Radiation Technologists Registration
(ii) if the licence, certificate or approval was affected by its 1
suspension or cancellation--the reason for the suspension or 2
cancellation; 3
(h) if the qualification relied on by the applicant to obtain registration 4
was conferred or awarded on a day (the "qualification day") that 5
is more than 3 years before the date of application, the nature, 6
extent and period of any practice of the profession by the applicant 7
since the qualification day; 8
(i) any other issue relevant to the applicant's ability to competently 9
and safely practise the profession. 10
(2) For subsection (1)(h)-- 11
(a) the passing of an examination mentioned in section 44(1)(c) is 12
taken to be a qualification; and 13
(b) the day the examination was passed is taken to be the qualification 14
day. 15
(3) The board may ask the commissioner of the police service for a 16
written report about an applicant's criminal history. 17
(4) If asked by the board, the commissioner of the police service must 18
give the board a written report about the criminal history of the applicant, 19
including the criminal history in the commissioner's possession or to which 20
the commissioner has access. 21
(5) In this section-- 22
"criminal history", of an applicant, means the applicant's criminal history 23
within the meaning of the Criminal Law (Rehabilitation of Offenders) 24
Act 1986. 25
3--Inquiries into applications 26
Subdivision
powers before deciding applications 27
Board's
46.(1) Before deciding the application, the board-- 28
(a) may investigate the applicant; and 29
(b) may, by notice given to the applicant, require the applicant to give 30
s 46 36 s 46
Medical Radiation Technologists Registration
the board, within a reasonable time of at least 30 days stated in the 1
notice, further information or a document the board reasonably 2
requires to decide the application; and 3
(c) may, by notice given to the applicant, require the applicant to 4
undergo a written, oral or practical examination within a 5
reasonable time of at least 30 days stated in the notice, and at a 6
reasonable place; and 7
(d) may, by notice given to the applicant, require the applicant to 8
undergo a health assessment within a reasonable time of at least 9
30 days stated in the notice, and at a reasonable place. 10
(2) The board may require the information or document mentioned in 11
subsection (1)(b) to be verified by a statutory declaration. 12
(3) The purpose of an examination under subsection (1)(c) must be to 13
assess the applicant's ability to competently and safely practise the 14
profession to which the application relates. 15
(4) The purpose of an assessment under subsection (1)(d) must be to 16
assess the applicant's mental and physical capacity to competently and 17
safely practise the profession to which the application relates. 18
(5) The applicant is taken to have withdrawn the application if, within the 19
stated time, the applicant-- 20
(a) does not comply with a requirement under subsection (1)(b); or 21
(b) does not undergo an examination under subsection (1)(c); or 22
(c) does not undergo an assessment under subsection (1)(d). 23
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 24
applicant within 60 days after the board receives the application. 25
(7) Also, a notice under subsection (1)(d) must state-- 26
(a) the reason for the assessment; and 27
(b) the name and qualifications of the person appointed by the board 28
to conduct the assessment; and 29
(c) the place where, and the day and time at which, the assessment is 30
to be conducted. 31
s 47 37 s 48
Medical Radiation Technologists Registration
of appropriately qualified person to conduct health 1
Appointment
assessment 2
47.(1) This section applies if the board believes it is necessary for the 3
applicant to undergo a health assessment under section 46(1)(d). 4
(2) The board may appoint 1 or more appropriately qualified persons to 5
conduct the assessment, in whole or part. 6
(3) At least 1 of the persons appointed to conduct the assessment must be 7
a medical practitioner. 8
(4) Before appointing a person to conduct a health assessment, the board 9
must be satisfied the person does not have a personal or professional 10
connection with the applicant that may prejudice the way in which the 11
person conducts the assessment. 12
(5) In this section-- 13
"appropriately qualified", for a medical practitioner or other person 14
conducting a health assessment, includes having the qualifications, 15
experience, skills or knowledge appropriate to conduct the assessment. 16
about health assessment 17
Report
48.(1) A person appointed under section 47 to conduct all or part of a 18
health assessment of the applicant must prepare a report about the 19
assessment (an "assessment report"). 20
(2) The assessment report must include-- 21
(a) the person's findings as to the applicant's mental and physical 22
capacity to competently and safely practise the profession to 23
which the applicant's application relates; and 24
(b) if the person finds the applicant does not have the mental and 25
physical capacity to practise the profession, the person's 26
recommendations as to any conditions that could be imposed on 27
the applicant's registration as a general registrant in the profession 28
to overcome the incapacity. 29
(3) The person must give the assessment report to the board. 30
s 49 38 s 50
Medical Radiation Technologists Registration
of assessment report 1
Use
49.(1) An assessment report is not admissible in any proceedings, other 2
than stated proceedings. 3
(2) A person can not be compelled to produce the report, or to give 4
evidence relating to the report or its contents, in any proceedings, other than 5
stated proceedings. 6
(3) Subsections (1) and (2) do not apply if the report is admitted or 7
produced, or evidence relating to the report or its contents is given, with the 8
consent of the person who prepared the report and the person to whom the 9
report relates. 10
(4) In this section-- 11
"assessment report" includes a copy of the report, or a part of the report or 12
copy. 13
"proceedings under the Health Practitioners (Professional Standards) 14
Act 1999" includes a health assessment of a registrant by a health 15
assessment committee under that Act. 16
"stated proceedings" means-- 17
(a) a review of conditions under division 8;8 or 18
(b) an appeal started under part 6;9 or 19
(c) proceedings under the Health Practitioners (Professional 20
Standards) Act 1999, not including proceedings for an offence 21
against that Act. 22
for health assessments and reports 23
Payment
50. A person who conducts a health assessment and prepares an 24
assessment report for the board is entitled to be paid for his or her work by 25
the board. 26
8 Division 8 (Reviewing conditions of general registrations)
9 Part 6 (Appeals)
s 51 39 s 53
Medical Radiation Technologists Registration
Subdivision 4--Decision on applications 1
2
Decision
51. The board must consider the application and decide to register, or 3
refuse to register, the applicant as a general registrant in the profession to 4
which the application relates. 5
to be taken after application decided 6
Steps
52.(1) If the board decides to register the applicant as a general registrant, 7
it must as soon as practicable issue a certificate of general registration to the 8
applicant. 9
(2) If the board decides to refuse to register the applicant as a general 10
registrant, it must as soon as practicable give the applicant an information 11
notice about the decision. 12
to decide applications 13
Failure
53.(1) Subject to subsections (2) and (3), if the board fails to decide the 14
application within 60 days after its receipt, the failure is taken to be a 15
decision by the board to refuse to register the applicant as a general 16
registrant. 17
(2) Subsection (3) applies if the board has-- 18
(a) under section 46(1)(b), 10 required the applicant to give the board 19
further information or a document; or 20
(b) under section 46(1)(c), required the applicant to undergo an 21
examination; or 22
(c) under section 46(1)(d), required the applicant to undergo a health 23
assessment. 24
(3) The board is taken to have decided to refuse to register the applicant 25
as a general registrant if it fails to decide the application by the latest of the 26
following days-- 27
10 Section 46 (Board's powers before deciding applications)
s 54 40 s 54
Medical Radiation Technologists Registration
(a) the day that is 60 days after the board receives the further 1
information or document; 2
(b) the day that is 60 days after the board receives the results of the 3
examination; 4
(c) the day that is 60 days after the board receives the assessment 5
report. 6
(4) This section does not apply if the applicant is registered as a 7
provisional general registrant.11 8
(5) This section is subject to section 54. 9
consideration of applications 10
Further
54.(1) This section applies if the board considers it needs further time to 11
make a decision on the application because of the complexity of the matters 12
that need to be considered in deciding the application. 13
14
Example of an application for general registration that may require the consideration of
15
complex matters--
16
An application requiring the board to obtain and consider information about the
17
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 18
notice to the applicant that-- 19
(a) because of the complexity of the matters that need to be 20
considered in deciding the application, the board needs further 21
time to decide the application; and 22
(b) the period within which the board must decide the application is 23
extended to a day (the "extended day") that is 60 days after the 24
final consideration day. 25
(3) Also, the applicant and board may at any time before the final 26
consideration day agree in writing on a day (the "agreed extended day") 27
by which the application is to be decided. 28
(4) The board is taken to have decided to refuse to register the applicant 29
11 If the applicant is registered as a provisional general registrant, section 71 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 55 41 s 55
Medical Radiation Technologists Registration
as a general registrant if it does not decide the application by-- 1
(a) if subsection (2) applies--the extended day; or 2
(b) if subsection (3) applies--the agreed extended day; or 3
(c) if both subsections (2) and (3) apply--the later of the extended 4
day or agreed extended day. 5
(5) Subsection (4) does not apply if the applicant is registered as a 6
provisional general registrant.12 7
(6) In this section-- 8
"final consideration day" means the latest of the following days-- 9
(a) the day that is 60 days after receipt of the application; 10
(b) if the board has, under section 46(1)(b), required the applicant to 11
give the board further information or a document--the day that is 12
60 days after the board receives the further information or 13
document; 14
(c) if the board has, under section 46(1)(c), required the applicant to 15
undergo an examination--the day that is 60 days after the board 16
receives the results of the examination; 17
(d) if the board has, under section 46(1)(d), required the applicant to 18
undergo a health assessment--the day that is 60 days after the 19
board receives the assessment report. 20
Subdivision 5--Information in certificates of general registration 21
of certificates of general registration 22
Forms
55.(1) A certificate of general registration must be in the approved form. 23
(2) The approved form must provide for the inclusion of the following-- 24
(a) the registrant's name; 25
(b) the profession to which the registration relates; 26
12 If the applicant is registered as a provisional general registrant, section 71 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 56 42 s 57
Medical Radiation Technologists Registration
(c) the period of the registration; 1
(d) any conditions of registration, including, for example, any 2
probationary conditions. 3
6--Period of general registration 4
Subdivision
5
Period
56.(1) The period of registration that is to apply to general registrants in a 6
profession is the period (the "general registration period"), not more than 7
3 years, prescribed under a regulation. 8
(2) If the board decides to register an applicant for general registration as 9
a general registrant in a profession during a general registration period for 10
the profession, the registration remains in force for the period-- 11
(a) commencing on the day when the board makes the decision; and 12
(b) ending on the last day of the general registration period. 13
Subdivision 7--Conditions of general registration 14
of probationary conditions 15
Imposition
57.(1) This section applies if-- 16
(a) the board decides to register an applicant for general registration in 17
a profession as a general registrant in the profession; and 18
(b) the applicant-- 19
(i) has not completed, to the board's satisfaction, the supervised 20
practice program for the profession; and 21
(ii) does not, in the board's reasonable opinion, have relevant 22
practical experience in the profession. 23
(2) The board must impose the following conditions on the registration-- 24
(a) for a registrant who has not, in the board's reasonable opinion, 25
practised in the profession-- 26
s 57 43 s 57
Medical Radiation Technologists Registration
(i) that the registrant may practise the profession only in 1
accordance with the supervised practice program for the 2
profession; and 3
(ii) that the registrant must complete, to the board's satisfaction, 4
the supervised practice program within the period prescribed 5
under a regulation; 6
(b) for a registrant who has practised in the profession but does not, 7
in the board's reasonable opinion, have relevant practical 8
experience-- 9
(i) that the registrant may practise the profession only in 10
accordance with the part of the supervised practice program 11
(the "partial program") decided by the board for the 12
registrant; and 13
(ii) that the registrant must complete, to the board's satisfaction, 14
the partial program within the period decided by the board. 15
(3) In deciding the part of the supervised practice program to be 16
completed, and the period within which it must be completed, the board 17
may have regard to the following-- 18
(a) the nature, extent and recency of any practice in the profession by 19
the applicant, including, for example, any practice undertaken as 20
part of a qualification in the profession the applicant has in 21
addition to the qualification for registration; 22
(b) any reports from persons who have supervised the applicant in 23
the practice of the profession. 24
(4) The board may have regard to practice mentioned in subsection (3)(a) 25
whether or not the practice has been undertaken under supervision. 26
(5) The board must as soon as practicable give the applicant an 27
information notice about the conditions. 28
(6) Despite subsection (5), if in the application the applicant does not 29
claim to have practised in the profession, the applicant is not entitled to an 30
information notice merely because probationary conditions are imposed on 31
the applicant's registration. 32
s 58 44 s 59
Medical Radiation Technologists Registration
practical experience in the profession 1
Relevant
58.(1) An applicant has relevant practical experience in a profession if the 2
applicant has experience in the practice of the profession that is substantially 3
equivalent to the nature and extent of the practice of the profession provided 4
under the supervised practice program. 5
(2) To remove doubt, it is declared that an applicant's experience in the 6
practice of a profession may be substantially equivalent to the practice of the 7
profession provided under the supervised practice program even if the 8
applicant's practice was not undertaken under the supervision of a registrant. 9
(3) In deciding whether an applicant has relevant practical experience in a 10
profession, the board may have regard to the following-- 11
(a) any qualifications in the profession the applicant has in addition to 12
the qualifications for general registration; 13
(b) the nature and extent of any practice in the profession by the 14
applicant; 15
(c) reports from persons who have supervised the applicant in the 16
practice of the profession; 17
(d) advice and recommendations about the applicant from an entity 18
recognised by the board as competent to assess the applicant's 19
ability to meet the competencies stated for the supervised practice 20
program for the profession; 21
(e) any other relevant issue. 22
of other conditions by board 23
Imposition
59.(1) In addition to any conditions imposed under section 57, the board 24
may decide to register an applicant for general registration in a profession as 25
a general registrant in the profession on conditions the board considers 26
necessary or desirable for the applicant to competently and safely practise 27
the profession. 28
29
Example of conditions of general registration--
30
A condition prohibiting a general registrant engaging in stated procedures related
31
to the practice of the profession.
(2) If the board decides to register an applicant for general registration as 32
s 60 45 s 61
Medical Radiation Technologists Registration
a general registrant on conditions, it must as soon as practicable-- 1
(a) also decide the review period applying to the conditions;13 and 2
(b) give the applicant an information notice about the decisions. 3
(3) If the board decides to register an applicant for general registration as 4
a general registrant on conditions because of the applicant's mental and 5
physical health, it must also decide whether details of the conditions must be 6
recorded in the register for the period for which the conditions are in 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
of conditions 12
Contravention
60. A general registrant must not contravene a condition of the 13
registration, including, for example, probationary conditions, imposed under 14
this Act. 15
Maximum penalty--100 penalty units. 16
Subdivision 8--Provisions relating to probationary registrants 17
practice program 18
Supervised
61.(1) A supervised practice program for a profession is a program, 19
prescribed under a regulation, that provides experience, for probationary 20
registrants, in the practice of the profession. 21
(2) Without limiting subsection (1), a regulation prescribing a program 22
may provide for the following-- 23
(a) the number of hours of practice of the profession to be undertaken 24
and the frequency with which the practice must be undertaken; 25
(b) what constitutes practice of the profession for the program; 26
13 The conditions may be reviewed under division 8 (Reviewing conditions of
general registrations).
s 62 46 s 62
Medical Radiation Technologists Registration
(c) the requirements for the professional practice settings in which the 1
practice of the profession must be undertaken; 2
(d) the activities to be undertaken during the program; 3
(e) the competencies registrants must demonstrate to complete the 4
program; 5
(f) the minimum period during which the program may be 6
completed. 7
(3) Also, a regulation prescribing a program may provide for matters 8
incidental to the program, including, for example-- 9
(a) the responsibilities, under the program, of probationary registrants 10
and supervisors and other persons who supervise probationary 11
registrants; and 12
(b) the requirements for probationary registrants to keep records and 13
prepare reports relevant to the program, including, for example, 14
log books; and 15
(c) the board's power to require a probationary registrant, the 16
registrant's supervisor and other persons who supervise the 17
probationary registrant in undertaking the supervised practice 18
program, to provide information or documents, or prepare 19
reports, about the registrant's progress and performance in 20
undertaking the program. 21
ceasing to be supervisor must give report to board or 22
Person
nominated entity 23
62.(1) This section applies if-- 24
(a) a person is the supervisor for a probationary registrant; and 25
(b) the person ceases to be the registrant's supervisor. 26
(2) The person must, within 28 days after ceasing to be the probationary 27
registrant's supervisor, give a report about the registrant to-- 28
(a) if an entity or entities have been prescribed under a 29
regulation--the prescribed entity decided by the board; or 30
(b) otherwise--the board. 31
s 63 47 s 64
Medical Radiation Technologists Registration
Maximum penalty--10 penalty units. 1
(3) The report must be in the approved form or, if a form has not been 2
approved, must include the details prescribed under a regulation. 3
(4) Subsection (2) does not apply if a person ceases to be a probationary 4
registrant's supervisor because the board decides, under section 97(3), that 5
the registrant must undertake the supervised practice program under the 6
supervision of another supervisor. 7
3--Provisional general registration 8
Division
of "authorised person" for div 3 9
Meaning
63.(1) In this division-- 10
"authorised person" means any of the following persons who are 11
authorised by the board to decide to register a person as a provisional 12
general registrant in a profession-- 13
(a) the executive officer; 14
(b) a member; 15
(c) a member of the office's staff. 16
(2) An authority mentioned in subsection (1) may be limited by reference 17
to specified conditions, exceptions or factors. 18
general registration of person on probationary conditions 19
Provisional
64.(1) This section applies to an applicant for general registration in a 20
profession who does not, in the applicant's application, claim to have 21
practised in the profession. 22
(2) Subsection (3) applies if an authorised person reasonably considers-- 23
(a) the applicant is eligible for the registration without conditions 24
(other than probationary conditions); and 25
(b) because of the period before the board is likely to consider the 26
application in the ordinary course of its business, it is not 27
reasonable for the applicant to wait for the board to consider the 28
application. 29
s 65 48 s 65
Medical Radiation Technologists Registration
(3) The authorised person may decide to register the applicant as a 1
provisional general registrant in the profession on the probationary 2
conditions mentioned in section 57(2)(a). 3
(4) Subsection (5) applies if an authorised person or the board-- 4
(a) reasonably considers, subject to an applicant for general 5
registration in a profession giving the board further evidence of 6
the applicant's relevant qualifications, the applicant is eligible for 7
the registration without conditions (other than probationary 8
conditions); or 9
(b) reasonably considers-- 10
(i) an applicant for general registration in a profession would be 11
eligible for the registration without conditions (other than 12
probationary conditions), other than for the fact that the 13
relevant qualifications relied on by the applicant have not 14
been conferred on, or awarded to, the applicant; and 15
(ii) the applicant is entitled to have the relevant qualifications 16
conferred on, or awarded to, him or her. 17
(5) The authorised person or board may decide to register the applicant as 18
a provisional general registrant in the profession on the probationary 19
conditions mentioned in section 57(2)(a). 20
(6) If the authorised person or board decides to register the applicant as a 21
provisional general registrant, the authorised person or board must as soon 22
as practicable issue a certificate of provisional general registration to the 23
applicant. 24
(7) The provisional general registration of a person must not be on 25
conditions, other than probationary conditions mentioned in 26
section 57(2)(a). 27
or cancellation of provisional general registration 28
Confirmation
65.(1) If an authorised person decides to register an applicant for general 29
registration as a provisional general registrant, the authorised person must as 30
soon as practicable report to the board about the basis for the authorised 31
person's decision. 32
(2) The board must consider the report and decide whether to confirm or 33
s 66 49 s 67
Medical Radiation Technologists Registration
cancel the provisional general registration. 1
(3) In making its decision, the board must consider whether the 2
authorised person should have decided to register the applicant as a 3
provisional general registrant. 4
(4) If the board decides to cancel the provisional general registration, it 5
must as soon as practicable give the applicant notice of its decision. 6
after cancellation of provisional general registration 7
Procedure
66.(1) This section applies if the board decides, under section 65, to 8
cancel a person's provisional general registration. 9
(2) The notice of cancellation must include the reason for the decision. 10
(3) The decision takes effect on the day the notice is given to the person. 11
(4) The person must return the certificate of provisional general 12
registration to the board within 14 days after receiving the notice, unless the 13
person has a reasonable excuse. 14
Maximum penalty--10 penalty units. 15
(5) Even though the board decides to cancel a person's provisional 16
general registration, it must still consider the person's application for general 17
registration. 18
of certificate of provisional general registration 19
Form
67.(1) A certificate of provisional general registration must be in the 20
approved form. 21
(2) The approved form must provide for the inclusion of the following-- 22
(a) the registrant's name; 23
(b) the profession to which the registration relates; 24
(c) the period of the registration; 25
(d) the condition that the registrant may practise the profession only 26
in accordance with the probationary conditions mentioned in 27
section 57(2)(a). 28
s 68 50 s 70
Medical Radiation Technologists Registration
1
Period
68. The provisional general registration of a person remains in force for 2
the period, not more than 6 months, decided by the authorised person or 3
board when deciding to register the person as a provisional general 4
registrant. 5
decides to register provisional general registrant as a general 6
Board
registrant 7
69.(1) This section applies if-- 8
(a) a person is a provisional general registrant in a profession; and 9
(b) the board decides to register the person as a general registrant in 10
the profession. 11
(2) The provisional general registration is cancelled when the person 12
receives a certificate of general registration under section 52(1).14 13
(3) The general registration-- 14
(a) is taken to have started from the day the person was registered as 15
a provisional general registrant in the profession; and 16
(b) is subject to the probationary conditions to which the provisional 17
general registration was subject. 18
(4) The probationary conditions are taken to have been imposed under 19
section 57(2)(a). 20
decides to refuse to register provisional general registrant as a 21
Board
general registrant 22
70.(1) This section applies if-- 23
(a) a person is a provisional general registrant in a profession; and 24
(b) the board decides to refuse to register the person as a general 25
registrant in the profession. 26
(2) The provisional general registration is cancelled when an information 27
notice about the decision is given to the person under section 52(2). 28
14 Section 52 (Steps to be taken after application decided)
s 71 51 s 72
Medical Radiation Technologists Registration
(3) The person must return the certificate of provisional general 1
registration to the board within 14 days after receiving the information 2
notice, unless the person has a reasonable excuse. 3
Maximum penalty for subsection (3)--10 penalty units. 4
refusal by board to register provisional general registrant as a 5
Deemed
general registrant 6
71.(1) This section applies if-- 7
(a) a person is a provisional general registrant in a profession; and 8
(b) other than for section 53(4) or 54(5),15 the board would have been 9
taken to have decided to refuse to register the person as a general 10
registrant in the profession. 11
(2) The board is taken to have decided to refuse to register the person as a 12
general registrant on the expiry of the provisional general registration. 13
Division 4--Renewal of general registrations 14
1--Preliminary 15
Subdivision
of "recency of practice requirements" 16
Meaning
72.(1) "Recency of practice requirements", for a profession, are 17
requirements, prescribed under a regulation, that if satisfied demonstrate that 18
an applicant for renewal of a general registration in the profession has 19
maintained an adequate connection with the profession. 20
(2) The requirements may include requirements about the following-- 21
(a) the nature, extent and period of practice of the profession by the 22
applicant; 23
(b) the nature and extent of any continuing professional education 24
undertaken by the applicant; 25
15 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 73 52 s 74
Medical Radiation Technologists Registration
(c) the nature and extent of any research, study or teaching, relating to 1
the profession, undertaken by the applicant; 2
(d) the nature and extent of any administrative work, relating to the 3
profession, performed by the applicant. 4
Subdivision 2--Applications for renewal of general registrations 5
of imminent expiry of registration 6
Notification
73. The board must give a general registrant notice of the imminent 7
expiry of the registration at least 60 days before the expiry. 8
requirements for applications 9
Procedural
74.(1) A general registrant may apply to the board for the renewal of the 10
registration. 11
(2) The application must be made within the period-- 12
(a) starting-- 13
(i) 60 days before the expiry of the registration; or 14
(ii) on an earlier day, if any, stated in the notice given to the 15
registrant under section 73; and 16
(b) ending immediately before the expiry. 17
(3) The application must-- 18
(a) be in the approved form; and 19
(b) be accompanied by-- 20
(i) the registration fee; and 21
(ii) any documents, identified in the approved form, the board 22
reasonably requires to decide the application. 23
(4) Information in the application must, if the approved form requires, be 24
verified by a statutory declaration. 25
(5) The approved form must require the applicant to state the following-- 26
(a) whether the applicant suffers from any ongoing medical 27
s 75 53 s 76
Medical Radiation Technologists Registration
condition, of which the applicant is aware, that the applicant 1
knows or ought reasonably to know adversely affects the 2
applicant's ability to competently and safely practise the 3
profession to which the application relates;16 4
(b) if there are recency of practice requirements for the profession 5
relevant to the applicant, details of the extent to which the 6
applicant has satisfied the requirements. 7
registration taken to be in force while application is 8
General
considered 9
75.(1) If an application is made under section 74, the applicant's general 10
registration is taken to continue in force from the day it would, apart from 11
this section, have expired until-- 12
(a) if the board decides to renew the applicant's general 13
registration--the day a new certificate of general registration is 14
issued to the applicant under section 79(1); or 15
(b) if the board decides to refuse to renew the applicant's general 16
registration--the day an information notice about the decision is 17
given to the applicant under section 79(2); or 18
(c) if the application is taken to have been withdrawn under 19
section 76(4)--the day it is taken to have been withdrawn. 20
(2) Subsection (1) does not apply if the registration is earlier cancelled 21
under this Act or suspended or cancelled under the Health Practitioners 22
(Professional Standards) Act 1999. 23
Subdivision 3--Decision on applications 24
into applications 25
Inquiries
76.(1) Before deciding the application, the board-- 26
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 77 54 s 77
Medical Radiation Technologists Registration
(a) may investigate the applicant; and 1
(b) may, by notice given to the applicant, require the applicant to give 2
the board, within a reasonable time of at least 30 days stated in the 3
notice, further information or a document the board reasonably 4
requires to decide the application; and 5
(c) may, if the board is not satisfied the applicant has satisfied 6
recency of practice requirements for the profession to which the 7
application relates, by notice given to the applicant, require the 8
applicant to undergo a written, oral or practical examination within 9
a reasonable time of at least 30 days stated in the notice, and at a 10
reasonable place. 11
(2) The board may require the information or document mentioned in 12
subsection (1)(b) to be verified by a statutory declaration. 13
(3) The purpose of an examination under subsection (1)(c) must be to 14
assess any effect the applicant's non-satisfaction of the requirements has on 15
the applicant's ability to competently and safely practise the profession to 16
which the application relates. 17
(4) The applicant is taken to have withdrawn the application if, within the 18
stated time, the applicant-- 19
(a) does not comply with a requirement under subsection (1)(b); or 20
(b) does not undergo an examination under subsection (1)(c). 21
22
Decision
77.(1) The board must consider the application and decide to renew, or 23
refuse to renew, the applicant's general registration. 24
(2) In making its decision, the board must have regard only to the extent, 25
if any, to which the applicant has satisfied recency of practice requirements 26
for the profession to which the application relates.17 27
(3) If there are no recency of practice requirements for the profession 28
17 Under section 78(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 for the profession to which the applicant's
application relates.
s 78 55 s 78
Medical Radiation Technologists Registration
relevant to the applicant, the board must decide to renew the applicant's 1
general registration. 2
of practice requirements are not satisfied 3
Recency
78.(1) This section applies if the board is not satisfied the applicant has 4
satisfied recency of practice requirements for the profession to which the 5
application relates. 6
(2) The board may decide to renew the applicant's general registration on 7
conditions ("recency of practice conditions") the board considers will 8
sufficiently address the extent to which the applicant has not satisfied the 9
requirements. 10
(3) Before deciding to renew the registration on recency of practice 11
conditions, the board must-- 12
(a) give notice to the applicant-- 13
(i) of the details of the proposed conditions; and 14
(ii) of the reason for the proposed imposition of the conditions; 15
and 16
(iii) that the applicant may make a written submission to the 17
board about the proposed conditions within a reasonable 18
time of at least 14 days stated in the notice; and 19
(b) have regard to any written submission made to the board by the 20
applicant before the stated day. 21
(4) If the board decides to renew the registration on recency of practice 22
conditions, it must as soon as practicable-- 23
(a) also decide the review period applying to the conditions;18 and 24
(b) give the applicant an information notice about the decisions. 25
(5) The imposition of the conditions takes effect on the later of the 26
following-- 27
(a) when the information notice is given to the applicant; 28
18 The conditions may be reviewed under division 8 (Reviewing conditions of
general registrations).
s 79 56 s 80
Medical Radiation Technologists Registration
(b) immediately after the day the registration would have expired, 1
other than for its renewal. 2
to be taken after application decided 3
Steps
79.(1) If the board decides to renew the applicant's general registration, it 4
must as soon as practicable issue a new certificate of general registration to 5
the applicant. 6
(2) If the board decides to refuse to renew the applicant's general 7
registration, it must as soon as practicable give the applicant an information 8
notice about the decision. 9
(3) Without affecting section 78(2), if the board decides to renew the 10
applicant's general registration, the renewed general registration is subject to 11
the conditions attaching to the registration immediately before the decision 12
takes effect, including, for example, probationary conditions.19 13
5--Restoration of general registrations 14
Division
of div 4, sdivs 1 and 3 15
Application
80. For restoring a general registration, division 4, subdivisions 1 and 3, 16
other than sections 78(5) and 79(3),20 apply as if-- 17
(a) an application for renewal of a general registration were an 18
application for restoration of a general registration; and 19
(b) an applicant for renewal of a general registration were an applicant 20
for restoration of a general registration; and 21
(c) a renewal of a general registration were a restoration of a general 22
registration. 23
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 78 (Recency of practice requirements are
not satisfied) and 79 (Steps to be taken after application decided)
s 81 57 s 83
Medical Radiation Technologists Registration
an application for restoration of a general registration may be 1
When
made 2
81. If a person's general registration has expired, the person may apply to 3
the board for restoration of the registration within 3 months after the expiry. 4
requirements for applications 5
Procedural
82.(1) The application must-- 6
(a) be in the approved form; and 7
(b) be accompanied by-- 8
(i) the restoration fee prescribed under a regulation (the 9
"restoration fee"); and 10
(ii) any documents, identified in the approved form, the board 11
reasonably requires to decide the application. 12
(2) Information in the application must, if the approved form requires, be 13
verified by a statutory declaration. 14
(3) The approved form must require the applicant to state the following-- 15
(a) whether the applicant suffers from any ongoing medical 16
condition, of which the applicant is aware, that the applicant 17
knows or ought reasonably to know adversely affects the 18
applicant's ability to competently and safely practise the 19
profession to which the application relates;21 20
(b) if there are recency of practice requirements for the profession 21
relevant to the applicant, details of the extent to which the 22
applicant has satisfied the requirements. 23
of restored registration 24
Period
83. If the board decides to restore the applicant's general registration in a 25
profession during a general registration period for the profession, the 26
registration remains in force for the period-- 27
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 84 58 s 86
Medical Radiation Technologists Registration
(a) commencing on the day when the board makes the decision; and 1
(b) ending on the last day of the general registration period. 2
of expired registration 3
Conditions
84. Without affecting section 78(2), as applied by section 80, if the board 4
decides to restore the applicant's general registration, the registration is 5
subject to the conditions, including, for example, probationary conditions, 6
attaching to the registration immediately before its expiry. 7
recency of practice conditions take effect 8
When
85. If the board decides to restore the applicant's general registration on 9
recency of practice conditions, the imposition of the conditions takes effect 10
when the information notice about the decision is given by the board to the 11
applicant. 12
Division 6--Cancellation of general registrations 13
for cancellation 14
Grounds
86. A general registration may be cancelled, under this division, on any 15
of the following grounds-- 16
(a) that the registration happened because of a materially false or 17
misleading representation or declaration; 18
(b) for a registration on probationary conditions mentioned in 19
section 57(2)(a)--that the registrant has failed to complete, to the 20
board's satisfaction, the supervised practice program within the 21
period stated in section 57(2)(a)(ii); 22
(c) for a registration on probationary conditions mentioned in 23
section 57(2)(b)--that the registrant has failed to complete, to the 24
board's satisfaction, the supervised practice program within the 25
period decided by the board under section 57(2)(b)(ii); 26
(d) for a registration on probationary conditions extended under 27
section 97(1)(b)(ii)--that the registrant has failed to complete, to 28
s 87 59 s 89
Medical Radiation Technologists Registration
the board's satisfaction, the supervised practice program within 1
the extended period. 2
cause notice 3
Show
87.(1) If the board believes the ground exists to cancel a general 4
registration, the board must before taking action to cancel the registration 5
give the registrant a notice (a "show cause notice"). 6
(2) The show cause notice must-- 7
(a) state the board proposes to cancel the registration; and 8
(b) state the ground for the proposed cancellation; and 9
(c) outline the facts and circumstances forming the basis for the 10
ground; and 11
(d) invite the registrant to show within a stated period (the "show 12
cause period") why the registration should not be cancelled. 13
(3) The show cause period must be a period ending not less than 21 days 14
after the show cause notice is given to the registrant. 15
about show cause notices 16
Representations
88.(1) The registrant may make written representations about the show 17
cause notice to the board in the show cause period. 18
(2) The board must consider all written representations (the "accepted 19
representations") made under subsection (1). 20
show cause process without further action 21
Ending
89.(1) This section applies if, after considering the accepted 22
representations for the show cause notice, the board no longer believes the 23
ground exists to cancel the registration. 24
(2) The board must not take any further action about the show cause 25
notice. 26
(3) The board must also as soon as practicable after coming to the belief 27
give notice to the registrant that no further action is to be taken about the 28
show cause notice. 29
s 90 60 s 93
Medical Radiation Technologists Registration
1
Cancellation
90.(1) This section applies if, after considering the accepted 2
representations for the show cause notice, the board-- 3
(a) still believes the ground exists to cancel the registration; and 4
(b) believes cancellation of the registration is warranted. 5
(2) This section also applies if there are no accepted representations for 6
the show cause notice. 7
(3) The board may decide to cancel the registration. 8
(4) If the board decides to cancel the registration, it must as soon as 9
practicable give the registrant an information notice about the decision. 10
(5) The decision takes effect on the day the information notice is given to 11
the registrant. 12
of cancelled certificate of general registration to board 13
Return
91.(1) This section applies if the board decides to cancel a general 14
registration and gives an information notice for the decision to the registrant. 15
(2) The registrant must return the certificate of general registration to the 16
board within 14 days after receiving the information notice, unless the 17
registrant has a reasonable excuse. 18
Maximum penalty for subsection (2)--10 penalty units. 19
Division 7--Reviewing probationary conditions on general registrations 20
of probationary conditions 21
Review
92. Probationary conditions may be reviewed under this division. 22
to give notice about completion of program to board 23
Registrant
93.(1) A probationary registrant must, within 7 days of completing the 24
supervised practice program, or the partial program, give notice of the 25
completion to the board. 26
s 94 61 s 96
Medical Radiation Technologists Registration
(2) The notice must-- 1
(a) be in the approved form; and 2
(b) be accompanied by the fee prescribed under a regulation. 3
to give notice to supervisor 4
Board
94.(1) As soon as practicable after receiving the probationary registrant's 5
notice under section 93, the board must give a notice to the registrant's 6
supervisor. 7
(2) The notice must require the supervisor to give, within a reasonable 8
time of at least 30 days stated in the notice, a supervised practice report for 9
the probationary registrant to-- 10
(a) if an entity or entities have been prescribed under a 11
regulation--the prescribed entity decided by the board; or 12
(b) otherwise--the board. 13
(3) The supervisor must comply with the board's notice, unless the 14
supervisor has a reasonable excuse. 15
Maximum penalty for subsection (3)--10 penalty units. 16
to give board supervised practice report 17
Entity
95.(1) This section applies if, under section 94(2), the supervisor gives 18
the supervised practice report to an entity other than the board. 19
(2) The entity must, within 30 days after receiving the report, give the 20
board the entity's written assessment of whether the probationary registrant 21
has satisfactorily completed the supervised practice program. 22
Maximum penalty--10 penalty units. 23
(3) The entity is entitled to be paid by the board for the entity's work in 24
preparing the written assessment. 25
powers before making decision 26
Board's
96.(1) Before making its decision under section 97, the board-- 27
(a) may investigate the probationary registrant; and 28
s 97 62 s 97
Medical Radiation Technologists Registration
(b) may, by notice given to the registrant, require the registrant to give 1
the board, within a reasonable time of at least 30 days stated in the 2
notice, further information or a document the board reasonably 3
requires to make the decision; and 4
(c) may, by notice given to the registrant, require the registrant to 5
undergo a written, oral or practical examination within a 6
reasonable time of at least 30 days stated in the notice, and at a 7
reasonable place; and 8
(d) may, by notice given to the registrant's supervisor or another 9
relevant person, require the supervisor or relevant person to give 10
the board, within a reasonable time of at least 30 days stated in the 11
notice, further information or a document the board reasonably 12
requires to make the decision. 13
(2) The board may require the information or document mentioned in 14
subsection (1)(b) or (d) to be verified by a statutory declaration. 15
(3) The purpose of an examination under subsection (1)(c) must be to 16
assess the probationary registrant's ability to competently and safely practise 17
the profession. 18
(4) In this section-- 19
"relevant person" means-- 20
(a) a person who was previously the registrant's supervisor; or 21
(b) another person who supervised the registrant in undertaking the 22
supervised practice program, or the partial program. 23
24
Decision
97.(1) After reviewing the supervised practice report, or the entity's 25
assessment of a supervised practice report, and any other relevant 26
information or document about the probationary registrant, the board must 27
decide-- 28
(a) if the board is satisfied the probationary registrant has 29
satisfactorily completed the program, or the partial program--to 30
remove the probationary conditions; or 31
(b) otherwise-- 32
s 97 63 s 97
Medical Radiation Technologists Registration
(i) to cancel the registrant's registration under division 6; or 1
(ii) extend the probationary conditions, for a period of not more 2
than 1 year, by requiring the registrant to undertake a part of 3
the program decided by the board if the board reasonably 4
considers the registrant will satisfactorily complete the 5
program during the period. 6
(2) Subsection (1)(b)(ii) applies despite section 57(2)(a)(ii) or (b)(ii). 7
(3) If the board decides to extend the probationary conditions, it may also 8
impose additional conditions about the requirements for completing the 9
program on the probationary registrant's registration, including, for 10
example, requiring the registrant to undertake the partial program at a stated 11
place or under the supervision of a stated supervisor. 12
(4) If the board does not receive the supervised practice report within the 13
time stated in section 94(2), or the entity's assessment of the supervised 14
practice report within the time stated in section 95(2), the board must make 15
a decision mentioned in subsection (1) on the basis of other relevant 16
information or documents about the probationary registrant. 17
(5) If the board decides-- 18
(a) to extend the probationary conditions, it must, as soon as 19
practicable after making the decision, give the probationary 20
registrant an information notice about the decision; or 21
(b) to extend the probationary conditions and impose additional 22
conditions about the requirements for completing the program, it 23
must as soon as practicable give the registrant an information 24
notice about the decision; or 25
(c) to remove the probationary conditions, it must give the registrant 26
written notice of the decision. 27
(6) In this section-- 28
"relevant information or document", about a probationary registrant, 29
includes-- 30
(a) a report about the registrant given to the board or another entity 31
under section 62 or 95; and 32
(b) information or a document about the registrant obtained by the 33
board under section 96; and 34
s 98 64 s 99
Medical Radiation Technologists Registration
(c) information or a document about the registrant obtained by the 1
board under a regulation under section 61(3). 2
decision takes effect 3
When
98.(1) If the board decides to extend the probationary conditions, or to 4
extend the probationary conditions and impose additional conditions, the 5
decision takes effect when an information notice about the decision is given 6
to the probationary registrant under section 97(5)(a) or (b). 7
(2) If the board decides to remove the conditions, the removal takes effect 8
when notice of the decision is given to the probationary registrant under 9
section 97(5)(c) and does not depend on the certificate of general registration 10
being amended to record the removal or a replacement certificate of general 11
registration being issued. 12
by board to make decision 13
Failure
99.(1) This section applies if the board fails to make a decision under 14
section 97-- 15
(a) within 60 days after receiving the supervised practice report or the 16
assessment of the supervised practice report; or 17
(b) if the board does not receive the report or assessment, within 18
60 days of the latest day on which the board should have received 19
the report or assessment. 20
(2) Subject to subsections (3) and (4), the failure is taken to be a decision 21
by the board to remove the probationary conditions. 22
(3) Subsection (4) applies if the board has-- 23
(a) under section 96(1)(b), required the probationary registrant to give 24
the board further information or a document; or 25
(b) under section 96(1)(c), required the registrant to undergo an 26
examination; or 27
(c) under section 96(1)(d), required the registrant's supervisor or 28
another relevant person to give the board information or a 29
document. 30
(4) The board is taken to have decided to remove the probationary 31
s 100 65 s 101
Medical Radiation Technologists Registration
conditions if the board fails to decide the application by the later of the 1
following days-- 2
(a) the day that is 60 days after the board receives the further 3
information or document; 4
(b) the day that is 60 days after the board receives the results of the 5
examination. 6
(5) The conditions are taken to have been removed on the later of the 7
days mentioned in subsection (1) or (4) and the removal does not depend on 8
the certificate of general registration being amended to record the removal or 9
a replacement certificate of general registration being issued. 10
additional conditions end 11
When
100.(1) This section applies if the board decides to extend a probationary 12
registrant's probationary conditions and impose additional conditions on the 13
registration. 14
(2) The conditions remain in force until the earlier of the following 15
days-- 16
(a) the day the probationary conditions are removed, under 17
section 97(1)(a), from the probationary registrant's registration; 18
(b) if the board's decision under section 97(1)(b)(ii) states a day on 19
which the conditions are to end, the stated day. 20
or replacing certificates of general registration 21
Amending
101.(1) This section applies if-- 22
(a) a probationary registrant receives an information notice, under 23
section 97(5)(a) or (b), about a decision to extend probationary 24
conditions or to extend probationary conditions and impose 25
additional conditions; 26
(b) a probationary registrant receives a notice under section 97(5)(c); 27
(c) additional conditions imposed on a probationary registrant's 28
general registration end under section 100(2); 29
(d) the board is taken, under section 99(2) or (4), to have decided to 30
s 102 66 s 103
Medical Radiation Technologists Registration
remove probationary conditions from a general registrant's 1
general registration. 2
(2) The registrant must return the certificate of general registration to the 3
board-- 4
(a) if subsection (1)(a), (b) or (c) applies--within 14 days after 5
receiving the notice; or 6
(b) if subsection (1)(d) applies--within 14 days after the day the 7
registrant actually becomes aware of the removal. 8
Maximum penalty--10 penalty units. 9
(3) On receiving the certificate, the board must-- 10
(a) amend the certificate in an appropriate way and return the 11
amended certificate to the registrant; or 12
(b) if the board does not consider it practicable to amend the 13
certificate, issue another certificate of general registration to the 14
registrant to replace the certificate returned to the board. 15
Division 8--Reviewing conditions of general registrations 16
1--Review of conditions imposed by the board or District 17
Subdivision
Court 18
of conditions 19
Review
102. Conditions, other than probationary conditions and conditions 20
imposed under section 97(3), imposed on a general registration under this 21
Act may be reviewed under this division. 22
registrant may start a review 23
How
103.(1) The registrant to whom the conditions relate may apply to the 24
board for a review of the conditions. 25
(2) However, the application must not be made-- 26
(a) during the review period applying to the conditions; or 27
s 104 67 s 105
Medical Radiation Technologists Registration
(b) while an appeal to the District Court about the decision to impose 1
the conditions is pending. 2
(3) The application must-- 3
(a) be in the approved form; and 4
(b) be accompanied by the fee prescribed under a regulation. 5
(4) The approved form must require the registrant to state-- 6
(a) that the registrant believes the conditions are no longer 7
appropriate; and 8
(b) the reason for the registrant's belief. 9
(5) The board must consider the application and make a decision under 10
section 108. 11
of conditions during review period 12
Review
104.(1) This section applies if, during the review period applying to the 13
conditions, the board reasonably believes the conditions may no longer be 14
appropriate. 15
(2) The board may, with the written agreement of the registrant to whom 16
the conditions relate, review the conditions. 17
powers before making decision 18
Board's
105.(1) Before making its decision under section 108, the board-- 19
(a) may investigate the registrant; and 20
(b) may, by notice given to the registrant, require the registrant to give 21
the board, within a reasonable time of at least 30 days stated in the 22
notice, further information or a document the board reasonably 23
requires to make the decision; and 24
(c) may, by notice given to the registrant, require the registrant to 25
undergo a written, oral or practical examination within a 26
reasonable time of at least 30 days stated in the notice, and at a 27
reasonable place; and 28
(d) may, by notice given to the registrant, require the registrant to 29
s 106 68 s 106
Medical Radiation Technologists Registration
undergo a health assessment within a reasonable time of at least 1
30 days stated in the notice, and at a reasonable place. 2
(2) The board may require the information or document mentioned in 3
subsection (1)(b) to be verified by a statutory declaration. 4
(3) Subject to section 108(2), the purpose of an examination under 5
subsection (1)(c) must be to assess the registrant's ability to competently 6
and safely practise the profession to which the registrant's registration 7
relates. 8
(4) Subject to section 108(2), the purpose of an assessment under 9
subsection (1)(d) must be to assess the registrant's mental and physical 10
capacity to competently and safely practise the profession to which the 11
registrant's registration relates. 12
(5) Also, a notice under subsection (1)(d) must state-- 13
(a) the reason for the assessment; and 14
(b) the name and qualifications of the person appointed by the board 15
to conduct the assessment; and 16
(c) the place where, and the day and time at which, the assessment is 17
to be conducted. 18
of ss 4750 19
Application
106.(1) This section applies if the board believes it is necessary for the 20
registrant to undergo a health assessment under section 105(1)(d). 21
(2) Sections 47 to 5022 apply as if-- 22
(a) an applicant for general registration were the registrant; and 23
(b) the reference in section 47(1) to section 46(1)(d) were a reference 24
to section 105(1)(d). 25
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 107 69 s 108
Medical Radiation Technologists Registration
withdrawal of application etc. 1
Deemed
107.(1) Subsections (2) and (3) apply if the conditions are being 2
reviewed because of an application made by the registrant under 3
section 103. 4
(2) The registrant is taken to have withdrawn the application if, within the 5
stated time, the registrant-- 6
(a) does not comply with a requirement under section 105(1)(b); or 7
(b) does not undergo an examination under section 105(1)(c); or 8
(c) does not undergo an assessment under section 105(1)(d). 9
(3) A notice under section 105(1)(b), (c) or (d) must be given to the 10
registrant within 60 days after the board receives the application. 11
(4) Subsections (5) and (6) apply if the conditions are being reviewed 12
under section 104. 13
(5) The board is taken to have decided to confirm the conditions if, within 14
the stated time, the registrant-- 15
(a) does not comply with a requirement under section 105(1)(b); or 16
(b) does not undergo an examination under section 105(1)(c); or 17
(c) does not undergo an assessment under section 105(1)(d). 18
(6) A notice under section 105(1)(b), (c) or (d) must be given to the 19
registrant within 60 days after the board agrees with the registrant to review 20
the conditions. 21
22
Decision
108.(1) After reviewing the conditions, the board must decide-- 23
(a) to confirm the conditions; or 24
(b) to remove the conditions; or 25
(c) to change the conditions. 26
(2) In making its decision, the board must consider whether the 27
conditions remain necessary or desirable for the registrant to competently 28
and safely practise the profession to which the registrant's registration 29
relates. 30
s 109 70 s 110
Medical Radiation Technologists Registration
(3) If the board decides to confirm or change the conditions, the 1
conditions may only be confirmed or changed for the reasons the conditions 2
were initially imposed. 3
(4) If the board decides to confirm or change the conditions, it must as 4
soon as practicable-- 5
(a) also decide the review period applying to the confirmed or 6
changed conditions; and 7
(b) give the registrant an information notice about the decisions. 8
(5) If the board decides to remove the conditions, it must as soon as 9
practicable give the registrant notice of the decision. 10
decision takes effect 11
When
109.(1) If the board decides to confirm the conditions, the decision takes 12
effect when it is made. 13
(2) If the board decides to change the conditions, the change takes effect 14
when an information notice about the decision is given to the registrant 15
under section 108(4)(b) and does not depend on the certificate of general 16
registration being amended to record the change or a replacement certificate 17
of general registration being issued. 18
(3) If the board decides to remove the conditions, the removal takes effect 19
when notice of the decision is given to the registrant under section 108(5) 20
and does not depend on the certificate of general registration being amended 21
to record the removal or a replacement certificate of general registration 22
being issued. 23
by board to make decision on application 24
Failure
110.(1) Subject to subsections (2) and (3), if the board fails to decide an 25
application under section 10323 within 60 days after its receipt, the failure is 26
taken to be a decision by the board to remove the conditions. 27
(2) Subsection (3) applies if the board has-- 28
23 Section 103 (How registrant may start a review)
s 111 71 s 111
Medical Radiation Technologists Registration
(a) under section 105(1)(b),24 required the applicant to give the board 1
further information or a document; or 2
(b) under section 105(1)(c), required the applicant to undergo an 3
examination; or 4
(c) under section 105(1)(d), required the applicant to undergo a health 5
assessment. 6
(3) The board is taken to have decided to remove the conditions if the 7
board fails to decide the application by the latest of the following days-- 8
(a) the day that is 60 days after the board receives the further 9
information or document; 10
(b) the day that is 60 days after the board receives the results of the 11
examination; 12
(c) the day that is 60 days after the board receives the assessment 13
report. 14
(4) The removal of the conditions under subsection (1) or (3) does not 15
depend on the certificate of general registration being amended to record the 16
removal or a replacement certificate of general registration being issued. 17
by board to make decision on review agreed to under s 104 18
Failure
111.(1) Subject to subsections (2) and (3), if the board fails to make a 19
decision on a review agreed to under section 104 25 within 60 days after the 20
agreement, the failure is taken to be a decision by the board to remove the 21
conditions. 22
(2) Subsection (3) applies if the board has-- 23
(a) under section 105(1)(b), required the registrant to give the board 24
further information or a document; or 25
(b) under section 105(1)(c), required the registrant to undergo an 26
examination; or 27
(c) under section 105(1)(d), required the registrant to undergo a 28
24 Section 105 (Board's powers before making decision)
25 Section 104 (Review of conditions during review period)
s 112 72 s 113
Medical Radiation Technologists Registration
health assessment. 1
(3) The board is taken to have decided to remove the conditions if the 2
board fails to make a decision on the review by the latest of the following 3
days-- 4
(a) the day that is 60 days after the board receives the further 5
information or document; 6
(b) the day that is 60 days after the board receives the results of the 7
examination; 8
(c) the day that is 60 days after the board receives the assessment 9
report. 10
(4) The removal of the conditions under subsection (1) or (3) does not 11
depend on the certificate of general registration being amended to record the 12
removal or a replacement certificate of general registration being issued. 13
decision required if certain conditions changed 14
Further
112.(1) This section applies if the conditions were imposed because of 15
the registrant's mental and physical health. 16
(2) If the board decides to change the conditions, it must also decide 17
whether details of the changed conditions must be recorded in the register 18
for the period for which the conditions are in force. 19
(3) The board must decide not to record details of the changed conditions 20
in the register unless it reasonably believes it is in the interests of users of 21
the registrant's services or the public to know the details. 22
2--Recording change, or removal, of conditions 23
Subdivision
of, or replacing, certificates of general registration 24
Amendment
113.(1) This section applies if-- 25
(a) a general registrant receives an information notice, under 26
section 108(4)(b), about decisions relating to a change of the 27
conditions of the registration; or 28
(b) a general registrant receives a notice, under section 108(5), about a 29
s 114 73 s 114
Medical Radiation Technologists Registration
decision to remove the conditions of the registration; or 1
(c) the board is taken, under section 110 or 111, to have decided to 2
remove the conditions of a general registration. 3
(2) The registrant must return the certificate of general registration to the 4
board-- 5
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 6
the notice, unless the registrant has a reasonable excuse; or 7
(b) if subsection (1)(c) applies--within 14 days after the day the 8
registrant actually becomes aware of the removal. 9
Maximum penalty--10 penalty units. 10
(3) On receiving the certificate, the board must-- 11
(a) amend the certificate in an appropriate way and return the 12
amended certificate to the registrant; or 13
(b) if the board does not consider it practicable to amend the 14
certificate, issue another certificate of general registration to the 15
registrant to replace the certificate returned to the board. 16
9--Special purpose registrations 17
Division
1--Applications for special purpose registration 18
Subdivision
of special activities relating to the profession 19
Undertaking
114. A person may obtain special purpose registration to undertake 1 or 20
more of the following activities (the "special activities") relating to a 21
profession-- 22
(a) study or train at postgraduate level; 23
(b) teach; 24
(c) engage in research; 25
(d) give clinical demonstrations. 26
s 115 74 s 116
Medical Radiation Technologists Registration
of divs 2 and 3 1
Application
115.(1) For a person being registered as a special purpose registrant, 2
division 2 (other than subdivisions 2, 6, 7 and 8) and division 3 (other than 3
sections 64 and 67(2)(d))26 apply as if-- 4
(a) an application for general registration were an application for 5
special purpose registration; and 6
(b) an applicant for general registration were an applicant for special 7
purpose registration; and 8
(c) a general registration were a special purpose registration; and 9
(d) a general registrant were a special purpose registrant; and 10
(e) a certificate of general registration were a certificate of special 11
purpose registration; and 12
(f) a provisional general registrant were a provisional special purpose 13
registrant; and 14
(g) a provisional general registration were a provisional special 15
purpose registration; and 16
(h) a certificate of provisional general registration were a certificate of 17
provisional special purpose registration. 18
(2) The approved form for a certificate of special purpose registration, or 19
provisional special purpose registration, must also provide for the inclusion 20
of details of the special activity for which the registrant is registered. 21
22
Eligibility
116. An applicant for special purpose registration in a profession is 23
eligible for special purpose registration in the profession if the applicant-- 24
(a) has a qualification required for special purpose registration in the 25
26 Division 2 (Applications for general registration), subdivisions 2 (Eligibility for
general registration), 6 (Period of general registration), 7 (Conditions of general
registration), 8 (Provisions relating to probationary registrants) and division 3
(Provisional general registration), sections 64 (Provisional general registration of
person on probationary conditions) and 67 (Form of certificate of provisional
registration)
s 117 75 s 118
Medical Radiation Technologists Registration
profession; and 1
(b) is a suitable person to be a special purpose registrant. 2
for special purpose registration 3
Qualifications
117.(1) An applicant for special purpose registration in a profession has a 4
qualification required for special purpose registration in the profession if the 5
applicant is the holder of a qualification in the profession recognised by the 6
board. 7
(2) In deciding whether to recognise the qualification, the board may have 8
regard to the following-- 9
(a) whether the course leading to the qualification has been accredited 10
by an entity responsible for accrediting courses for the profession; 11
(b) whether the educational institution conferring or awarding the 12
qualification has been accredited by an entity responsible for 13
accrediting institutions to educate persons for the profession; 14
(c) the advice and recommendations of an entity recognised by the 15
board as competent to assess qualifications in the profession. 16
to be a special purpose registrant 17
Suitability
118. In deciding whether an applicant for special purpose registration in a 18
profession is a suitable person to be a special purpose registrant in the 19
profession, the board may have regard to the following-- 20
(a) whether the applicant has been convicted of an indictable offence; 21
(b) whether the applicant has been convicted of an offence against this 22
Act, the Health Practitioners (Professional Standards) Act 1999 23
or a corresponding law; 24
(c) if the applicant has been registered under this Act in the 25
profession or is, or has been, registered under a corresponding 26
law in the profession and the registration was affected-- 27
(i) by the imposition of a condition--the nature of the condition 28
and the reason for its imposition; or 29
(ii) by its suspension or cancellation--the reason for its 30
s 119 76 s 122
Medical Radiation Technologists Registration
suspension or cancellation; or 1
(iii) in another way--the way it was affected and the reason for it 2
being affected; 3
(d) any other issue relevant to the applicant's ability to undertake the 4
special activity the subject of the application. 5
of special purpose registration 6
Period
119. If the board decides to register the applicant as a special purpose 7
registrant, the registration remains in force for the period, not more than 8
1 year, decided by the board when deciding to register the applicant as a 9
special purpose registrant. 10
of conditions by board 11
Imposition
120.(1) The board may decide to register the applicant as a special 12
purpose registrant on conditions, other than probationary conditions, the 13
board considers necessary or desirable for the applicant to competently and 14
safely undertake the special activity the subject of the application. 15
(2) If the board decides to register the applicant as a special purpose 16
registrant on conditions, it must as soon as practicable give the applicant an 17
information notice about the decision. 18
of conditions 19
Contravention
121. A special purpose registrant must not contravene a condition of the 20
registration imposed under this Act. 21
Maximum penalty--100 penalty units. 22
special purpose registration of a person 23
Provisional
122.(1) Subsection (2) applies if an authorised person reasonably 24
considers-- 25
(a) an applicant for special purpose registration in a profession is 26
eligible for the registration without conditions; and 27
(b) because of the period before the board is likely to consider the 28
s 122 77 s 122
Medical Radiation Technologists Registration
application in the ordinary course of its business, it is not 1
reasonable for the applicant to have to wait for the board to 2
consider the application. 3
(2) The authorised person may decide to register the applicant as a 4
provisional special purpose registrant in the profession. 5
(3) Subsection (4) applies if an authorised person or the board-- 6
(a) reasonably considers, subject to an applicant for special purpose 7
registration in a profession giving the board further evidence of 8
the applicant's relevant qualification in the profession, the 9
applicant is eligible for the registration without conditions; or 10
(b) reasonably considers-- 11
(i) an applicant for special purpose registration in a profession 12
would be eligible for special purpose registration in the 13
profession without conditions, other than for the fact that the 14
relevant qualification relied on by the applicant has not been 15
conferred on, or awarded to, the applicant; and 16
(ii) the applicant is entitled to have the relevant qualification 17
conferred on, or awarded to, him or her. 18
(4) The authorised person or board may decide to register the applicant as 19
a provisional special purpose registrant in the profession. 20
(5) If the authorised person or board decides to register the applicant as a 21
provisional special purpose registrant, the authorised person or board must 22
as soon as practicable issue a certificate of provisional special purpose 23
registration in the profession to the applicant. 24
(6) The provisional special purpose registration of a person must not be 25
on conditions. 26
(7) In this section-- 27
"authorised person" has the meaning given by section 63, as applied by 28
section 115(1). 29
s 123 78 s 125
Medical Radiation Technologists Registration
Subdivision 2--Renewal of special purpose registrations 1
of div 4, sdivs 2 and 3 2
Application
123. For renewing a special purpose registration, division 4, 3
subdivisions 2 and 3, other than sections 74(5)(a) and 79(3)27 and the 4
provisions to the extent to which they relate to recency of practice 5
requirements, apply as if-- 6
(a) an application for the renewal of a general registration were an 7
application for the renewal of a special purpose registration; and 8
(b) an applicant for the renewal of a general registration were an 9
applicant for the renewal of a special purpose registration; and 10
(c) an applicant's general registration were an applicant's special 11
purpose registration; and 12
(d) a general registrant were a special purpose registrant; and 13
(e) a certificate of general registration were a certificate of special 14
purpose registration. 15
that may be considered in deciding whether to renew special 16
Matters
purpose registrations 17
124. In deciding whether to renew a special purpose registration, the 18
board may have regard to the matters to which the board may have regard in 19
deciding whether a proposed special purpose registrant is a suitable person 20
to be a special purpose registrant.28 21
of conditions by board 22
Imposition
125.(1) The board may decide to renew a special purpose registration on 23
conditions, other than probationary conditions, the board considers 24
27 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for
renewal of general registrations) and 3 (Decision on applications),
sections 74 (Procedural requirements for applications) and 79 (Steps to be taken
after application decided)
28 See section 118 (Suitability to be a special purpose registrant) for a list of the
matters.
s 126 79 s 128
Medical Radiation Technologists Registration
necessary or desirable for the registrant to competently and safely undertake 1
the special activity the subject of the registration. 2
(2) If the board decides to renew a special purpose registration on 3
conditions, it must as soon as practicable give the registrant an information 4
notice about the decision. 5
(3) To remove doubt, it is declared that any conditions attaching to the 6
registration immediately before its renewal do not continue to apply to the 7
registration on its renewal. 8
of renewed special purpose registration 9
Period
126. If the board decides to renew a special purpose registration, the 10
registration remains in force for the period, not more than 1 year, decided by 11
the board when deciding to renew the registration. 12
Subdivision 3--Cancellation of special purpose registrations 13
of div 6 14
Application
127. For cancelling a special purpose registration, division 6, other than 15
section 86, applies as if29-- 16
(a) a general registration were a special purpose registration; and 17
(b) a certificate of general registration were a certificate of special 18
purpose registration. 19
for cancellation 20
Grounds
128. Each of the following is a ground for cancelling a special purpose 21
registration-- 22
(a) the registrant has practised the profession to which the registration 23
relates other than for the special activity for which the registrant is 24
registered; 25
29 Division 6 (Cancellation of general registrations)
Section 86 (Grounds for cancellation)
s 129 80 s 129
Medical Radiation Technologists Registration
(b) the registrant has been convicted of an indictable offence; 1
(c) the registrant has been convicted of an offence against this Act, 2
the Health Practitioners (Professional Standards) Act 1999 or a 3
corresponding law; 4
(d) the registrant has contravened a condition of the registration; 5
(e) the registrant was registered because of a materially false or 6
misleading representation or declaration. 7
4--Removal of conditions 8
Subdivision
9
Removal
129.(1) This section applies if the board reasonably believes the 10
conditions imposed on a special purpose registration under this Act are no 11
longer appropriate. 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 the 17
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 registration 24
to the registrant to replace the certificate returned to the board. 25
(6) The removal takes effect when notice of the decision is given to the 26
registrant and does not depend on the certificate of special purpose 27
registration being amended to record the removal or a replacement certificate 28
of special purpose registration being issued. 29
s 130 81 s 132
Medical Radiation Technologists Registration
Division 10--General provisions about registrations 1
is taken to be registered under this part 2
Person
130.(1) This section applies if, under this Act, an entity decides to-- 3
(a) register a person in a profession; or 4
(b) restore a person's registration in a profession. 5
(2) The person is taken to be registered under this part in the profession. 6
of registrations 7
Surrender
131.(1) A registrant may surrender the registration by notice given to the 8
board. 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
of certificates of registration 17
Replacement
132.(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 refuse 20
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 require 23
its replacement. 24
(4) If the board decides to grant the application, it must on payment of the 25
fee prescribed under a regulation-- 26
(a) replace the lost, stolen, destroyed or damaged certificate with 27
s 133 82 s 135
Medical Radiation Technologists Registration
another certificate of registration; and 1
(b) give the replacement certificate of registration to the applicant. 2
(5) If the board decides to refuse to grant the application, it must as soon 3
as practicable give the applicant an information notice about the decision. 4
copy of certificates of registration 5
Certified
133. A registrant may, on payment of the fee prescribed under a 6
regulation, obtain from the board a certified copy of the certificate of 7
registration. 8
of change in circumstances 9
Notification
134. A registrant must, within 21 days after the happening of a change in 10
the registrant's circumstances prescribed under a regulation, advise the 11
board of the change. 12
Maximum penalty--10 penalty units. 13
of certain events to interstate regulatory authorities and 14
Notification
other entities 15
135.(1) This section applies if-- 16
(a) a person's general registration or special purpose registration is 17
cancelled under this Act; or 18
(b) conditions are imposed, under this Act, on a person's general 19
registration or special purpose registration; or 20
(c) conditions on a person's general registration or special purpose 21
registration are removed under this Act. 22
(2) As soon as practicable after an event mentioned in subsection (1) 23
happens, the board must give notice about the event to each interstate 24
regulatory authority with which the board is aware the person is registered. 25
(3) Also, the board may give notice about the event to any of the 26
following-- 27
(a) the chief executive; 28
s 135 83 s 135
Medical Radiation Technologists Registration
(b) other State regulatory authorities; 1
(c) foreign regulatory authorities; 2
(d) professional colleges of which the person is eligible to be a 3
member; 4
(e) professional associations of which the person is eligible to be a 5
member; 6
(f) an employer of the person; 7
(g) the Health Insurance Commission; 8
(h) the Health Rights Commissioner; 9
(i) the Minister; 10
(j) another entity having a connection with the person's practice as a 11
general or special purpose registrant. 12
(4) However, the board must not give a notice about the event to an entity 13
under subsection (3) unless the board reasonably believes-- 14
(a) the entity needs to know about the event; and 15
(b) giving the entity notice about the event will assist in achieving the 16
objects of this Act. 17
(5) A notice under this section may include the information the board 18
considers appropriate in the circumstances. 19
(6) In this section-- 20
"impose", a condition, does not include confirm the condition. 21
"State regulatory authorities" means boards established under the health 22
practitioner registration Acts. 23
s 136 84 s 136
Medical Radiation Technologists Registration
ART 4--OBLIGATIONS OF REGISTRANTS AND 1
P
OTHER PERSONS 2
1--Restricted titles and holding out 3
Division
of restricted titles etc. 4
Taking
136.(1) A person who is not a registrant in a profession must not take or 5
use a restricted title for the profession. 6
Maximum penalty--1 000 penalty units. 7
8
Examples of an individual taking or using a restricted title--
9
1. AB describes himself or herself as `AB, radiographer'.
10
2. AB describes himself or herself as `AB, nuclear medicine technologist'.
11
3. AB describes himself or herself as `AB, radiation therapist'.
12
Examples of a corporation taking or using a restricted title--
13
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, radiographers'.
14
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply to a person if-- 15
(a) the person takes or uses a restricted title for a profession as part of 16
a business name for a business providing professional services in 17
the profession; and 18
(b) in the carrying on of the business by the person, a registrant in the 19
profession provides professional services in the profession. 20
(3) Also, subsection (1) does not apply to a person if-- 21
(a) the person is undertaking study or training in the practice of a 22
profession to obtain a qualification for registration in the 23
profession; and 24
(b) the person takes or uses a restricted title for the profession, in the 25
course of the study or training, in conjunction with words that 26
indicate the person is a student or trainee in the profession. 27
(4) A person (the "first person") must not, in relation to another person 28
who the first person knows, or ought reasonably to know, is not a registrant 29
s 136 85 s 136
Medical Radiation Technologists Registration
in a profession use a restricted title for the profession. 1
Maximum penalty--1 000 penalty units. 2
(5) Subsection (4) does not apply to the first person if-- 3
(a) the other person is undertaking study or training in the practice of 4
the profession to obtain a qualification for registration in the 5
profession; and 6
(b) the first person uses the restricted title for the profession in 7
relation to the other person, in the course of the study or training, 8
in conjunction with words that indicate the other person is a 9
student or trainee in the profession. 10
(6) A person who is not a registrant in a profession must not take or use 11
a title (other than a restricted title), name, initial, symbol, word or 12
description that, having regard to the circumstances in which it is taken or 13
used, indicates or could be reasonably understood to indicate-- 14
(a) if the profession is the medical imaging technology profession, 15
the person is a medical imaging technologist or radiographer; or 16
(b) if the profession is the nuclear medicine technology profession, 17
the person is a nuclear medicine technologist; or 18
(c) if the profession is the radiation therapy profession, the person is 19
a radiation therapist; or 20
(d) the person is authorised or qualified to practise the profession. 21
Maximum penalty--500 penalty units. 22
(7) However, subsection (6)(d) does not apply to a person who takes or 23
uses a title (other than a restricted title), name, initial, symbol, word or 24
description that indicates or could be reasonably understood to indicate the 25
person is authorised to practise a profession if the person-- 26
(a) holds a use licence under the Radiation Safety Act 1999 to carry 27
out a radiation practice using a radiation source; and 28
(b) takes or uses the title (other than a restricted title), name, initial, 29
symbol, word or description in a way that, having regard to the 30
circumstances in which it is used, indicates or could be reasonably 31
understood to indicate the person is authorised to use the source 32
under the licence for the practice. 33
s 136 86 s 136
Medical Radiation Technologists Registration
(8) 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
in a profession use a title (other than a restricted title), name, initial, symbol, 3
word or description that, having regard to the circumstances in which it is 4
used, indicates or could be reasonably understood to indicate-- 5
(a) if the profession is the medical imaging technology profession, 6
the other person is a medical imaging technologist or 7
radiographer; or 8
(b) if the profession is the nuclear medicine technology profession, 9
the other person is a nuclear medicine technologist; or 10
(c) if the profession is the radiation therapy profession, the other 11
person is a radiation therapist; or 12
(d) the other person is authorised or qualified to practise the 13
profession. 14
Maximum penalty--500 penalty units. 15
(9) However, subsection (8)(d) does not apply if the first person uses a 16
title (other than a restricted title), name, initial, symbol, word or description 17
that indicates or could be reasonably understood to indicate the other person 18
is authorised to practise a profession if-- 19
(a) the other person holds a use licence under the Radiation Safety Act 20
1999 to carry out a radiation practice using a radiation source; and 21
(b) the first person uses the title (other than a restricted title), name, 22
initial, symbol, word or description in a way that, having regard to 23
the circumstances in which it is used, indicates or could be 24
reasonably understood to indicate the other person is authorised to 25
use the source under the licence for the practice. 26
(10) A person does not commit an offence against this section if the 27
person, other than for the purpose of providing a health service-- 28
(a) takes or uses a restricted title; or 29
(b) takes or uses a title (other than a restricted title), name, initial, 30
symbol, word or description that indicates, or could be reasonably 31
understood to indicate, the person is a radiographer. 32
s 137 87 s 139
Medical Radiation Technologists Registration
1
Example for subsection (10)(a)--
2
An industrial radiographer using the title `radiographer', and not providing a health
3
service, would not commit an offence against this section.
by persons as to registration 4
Claims
137. A person who is not a registrant in a profession must not-- 5
(a) claim, or hold himself or herself out, to be registered under this 6
Act in the profession; or 7
(b) allow himself or herself to be held out as being registered under 8
this Act in the profession; or 9
(c) claim, or hold himself or herself out, to be eligible to be registered 10
under this Act in the profession. 11
Maximum penalty--1 000 penalty units. 12
by persons as to other persons' registration 13
Claims
138. A person must not hold out another person as being registered 14
under this Act in a profession if the person knows, or ought reasonably to 15
know, the other person is not registered under this Act in the profession. 16
Maximum penalty--1 000 penalty units. 17
18
Example--
19
A person carrying on a business providing medical imaging technology services
20
must not hold out that an employee of the person is a radiation therapist if the
21
person knows the employee is not a medical imaging technologist.
on special purpose registrants, provisional general 22
Restrictions
registrants and provisional special purpose registrants 23
139.(1) A person who is a special purpose registrant or provisional 24
special purpose registrant must not-- 25
(a) claim, or hold himself or herself out, to be a general registrant or 26
provisional general registrant; or 27
(b) allow himself or herself to be held out as being a general 28
registrant or provisional general registrant; or 29
s 140 88 s 140
Medical Radiation Technologists Registration
(c) claim, or hold himself or herself out, to be eligible to be a general 1
registrant or provisional general registrant. 2
Maximum penalty--100 penalty units. 3
(2) A person who is a provisional general registrant must not-- 4
(a) claim, or hold himself or herself out, to be a general registrant; or 5
(b) allow himself or herself to be held out as being a general 6
registrant; or 7
(c) claim, or hold himself or herself out, to be eligible to be a general 8
registrant. 9
Maximum penalty--100 penalty units. 10
(3) A person who is a provisional special purpose registrant must not-- 11
(a) claim, or hold himself or herself out, to be a special purpose 12
registrant; or 13
(b) allow himself or herself to be held out as being a special purpose 14
registrant; or 15
(c) claim, or hold himself or herself out, to be eligible to be a special 16
purpose registrant. 17
Maximum penalty--100 penalty units. 18
on registrants registered on conditions 19
Restrictions
140. A registrant who is registered on conditions including, for example, 20
probationary conditions, must not-- 21
(a) claim, or hold himself or herself out, to be registered without the 22
conditions or any conditions; or 23
(b) allow himself or herself to be held out as being registered without 24
the conditions or any conditions. 25
Maximum penalty--100 penalty units. 26
s 141 89 s 142
Medical Radiation Technologists Registration
Division 2--Notification of business names and other details 1
of business names etc. 2
Notification
141.(1) A registrant must, before carrying on a business providing 3
professional services under a business name other than the registrant's own 4
name, give the board notice of the business name. 5
Maximum penalty--10 penalty units. 6
(2) Subsection (1) applies whether or not the business name is registered 7
under the Business Names Act 1962. 8
(3) An individual who is not a registrant must, before carrying on a 9
business providing professional services, give the board notice of-- 10
(a) the business name of the business (whether or not the name is 11
registered under the Business Names Act 1962); and 12
(b) the name and address of the individual. 13
Maximum penalty--10 penalty units. 14
(4) A corporation must, before carrying on a business providing 15
professional services, give the board notice of-- 16
(a) the business name of the business (whether or not the name is 17
registered under the Business Names Act 1962); and 18
(b) the name and principal address of the corporation; and 19
(c) the names and addresses of-- 20
(i) if the corporation is a corporation under the Corporations 21
Law--the directors of the corporation; or 22
(ii) if the corporation is not a corporation under the Corporations 23
Law--the members of the governing body of the 24
corporation. 25
Maximum penalty for subsection (4)--50 penalty units. 26
of change in business names etc. 27
Notification
142.(1) This section applies if-- 28
(a) a person has given the board a notice under section 141; and 29
s 143 90 s 143
Medical Radiation Technologists Registration
(b) there is a change in the information contained in the notice. 1
(2) The person must, within 14 days after the happening of the change, 2
give the board notice of the change. 3
Maximum penalty--10 penalty units. 4
(3) The person does not commit an offence against section 141 during 5
the period of 14 days after the happening of the change if the person 6
complies with subsection (2). 7
Division 3--Advertising 8
of advertisers 9
Obligations
143.(1) A person must not advertise a professional service, or a business 10
providing professional services, in a way that-- 11
(a) is false, misleading or deceptive or is likely to be misleading or 12
deceptive; or 13
14
Example for paragraph (a)--
15
An advertisement that contains a false claim about the beneficial
16
outcome of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 17
use the service or the business, unless the advertisement also 18
states the terms of the offer; or 19
(c) refers to, uses or cites actual or purported endorsements or 20
testimonials about the service or business, or a registrant; or 21
(d) is disparaging of-- 22
(i) a professional service provided by another person; or 23
(ii) a business providing professional services; or 24
(iii) a registrant. 25
Maximum penalty--200 penalty units. 26
(2) A person must not advertise a professional service that the person 27
knows or ought reasonably know will, or is likely to, harm a person to 28
whom it is provided. 29
s 144 91 s 145
Medical Radiation Technologists Registration
Maximum penalty--200 penalty units. 1
(3) A person must not advertise a registrant's expertise in a field of 2
practice of the profession to which the registration relates unless the 3
registrant has the skills, knowledge, training or qualifications necessary to 4
practise in the field. 5
Maximum penalty--200 penalty units. 6
(4) A printer or publisher does not commit an offence against 7
subsection (1), (2) or (3) merely by, as part of his or her business, printing 8
or publishing an advertisement for another person. 9
to appear in advertisements 10
Information
144.(1) A person must not advertise a professional service, or a business 11
providing professional services, unless-- 12
(a) if a registrant provides the service, or carries on the business, 13
under a business name that is the registrant's own name--the 14
registrant's name is stated in the advertisement; or 15
(b) otherwise--the business name notified to the board under 16
section 141(1), (3) or (4) is stated in the advertisement. 17
Maximum penalty--50 penalty units. 18
(2) A printer or publisher does not commit an offence against 19
subsection (1) merely by, as part of his or her business, printing or 20
publishing an advertisement for another person. 21
4--Registrants' autonomy 22
Division
abetting etc. conduct that is a ground for disciplinary action 23
Aiding,
145.(1) A person must not aid, abet, counsel, procure or induce a 24
registrant to engage in conduct that the person is aware, or ought reasonably 25
be aware, is conduct forming the basis for a ground for disciplinary action 26
against a registrant mentioned in the Health Practitioners (Professional 27
s 146 92 s 146
Medical Radiation Technologists Registration
Standards) Act 1999, section 124(1).30 1
Maximum penalty--1 000 penalty units. 2
(2) To remove doubt, it is declared that a registrant may be induced by 3
threats or promises. 4
5--Court orders and injunctions 5
Division
may be prohibited from supplying health services etc. 6
Persons
146.(1) This section applies if a person is convicted of an offence against 7
section 136, 137, 138, 143(1)(a), (2) or (3), 145(1) or 149.31 8
(2) The court sentencing the person for the offence may, on its own 9
initiative or the application of the prosecutor, make an order under 10
subsection (3) or (5). 11
(3) The court may make an order, applying for a period decided by the 12
court-- 13
(a) prohibiting the person from providing, or carrying on or 14
managing a business providing, a health service; or 15
(b) prohibiting the person from having a financial interest in a 16
business providing a health service; or 17
(c) if the person is a corporation, prohibiting an executive officer of 18
the corporation, who was in a position to influence the conduct of 19
the corporation in relation to the offence, from managing a 20
corporation that carries on a business providing a health service. 21
(4) For subsection (3)(c), a person manages a corporation if the person is 22
a director, or is in any way concerned in or takes part in the management of, 23
the corporation. 24
30 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
31 Section 136 (Taking of restricted titles etc.), 137 (Claims by persons as to
registration), 138 (Claims by persons as to other persons' registration),
143 (Obligations of advertisers), 145 (Aiding, abetting etc. conduct that is a
ground for disciplinary action) or 149 (Offence for taking reprisal)
s 147 93 s 147
Medical Radiation Technologists Registration
(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 behalf 15
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
njunctions 19
I
147.(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 a 26
contravention of section 136, 137, 138, 143(1)(a), (2) or (3) 27
or 145(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
s 147 94 s 147
Medical Radiation Technologists Registration
(4) The court may grant an interim injunction under this section until the 1
application is finally decided. 2
(5) On considering the application for the injunction, the court may-- 3
(a) in a case to which subsection (1)(a)(i) applies--grant an 4
injunction restraining the offending party from engaging in the 5
conduct concerned and, if in the court's opinion it is desirable to 6
do so, requiring the offending party to do anything; or 7
(b) in a case to which subsection (1)(a)(ii) applies--grant an 8
injunction requiring the offending party to do the thing concerned. 9
(6) The court may grant the injunction-- 10
(a) if the court is satisfied that the offending party has engaged in the 11
conduct, or failed to do the thing, mentioned in subsection (1), 12
whether or not it appears to the court that the offending party 13
intends-- 14
(i) to engage again, or continue to engage, in the conduct; or 15
(ii) to again fail, or continue to fail, to do the thing; or 16
(b) if it appears to the court that, if the injunction is not granted, it is 17
likely that the offending party will engage in the conduct, or fail to 18
do the thing, mentioned in subsection (1), whether or not the 19
offending party has previously engaged in the conduct or failed to 20
do the thing. 21
(7) The court may grant the injunction on the terms the court considers 22
appropriate. 23
(8) Also, the court may grant an injunction requiring the offending party 24
to take stated action (including action to disclose information or publish 25
advertisements) to remedy any adverse effects of the offending party's 26
conduct or failure. 27
(9) The court may discharge an injunction granted under this section at 28
any time. 29
(10) The powers conferred on the court by this section are in addition to, 30
and do not limit, any other powers of the court. 31
(11) In this section-- 32
"court" means-- 33
s 148 95 s 149
Medical Radiation Technologists Registration
(a) if proceedings for an offence relating to the conduct or failure are 1
pending in a Magistrates Court--the Magistrates Court; or 2
(b) in any case--the District Court. 3
Division 6--Reprisals 4
and grounds for reprisals 5
Reprisal
148.(1) A person must not cause, or attempt or conspire to cause, 6
detriment to another person because, or in the belief that-- 7
(a) anybody has given, or may give, information or assistance to the 8
board or an inspector about a person's alleged contravention of 9
division 1 or section 143(1)(a), (2) or (3) or 145(1);32 or 10
(b) anybody has given, or may give, evidence to the court in 11
proceedings for an offence against division 1 or section 143(1)(a), 12
(2) or (3) or 145(1). 13
(2) An attempt to cause detriment includes an attempt to induce a person 14
to cause detriment. 15
(3) A contravention of subsection (1) is a reprisal or the taking of a 16
reprisal. 17
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 18
the unlawful ground for the reprisal. 19
(5) For the contravention mentioned in subsection (3) to happen, it is 20
sufficient if the unlawful ground is a substantial ground for the act or 21
omission that is the reprisal, even if there is another ground for the act or 22
omission. 23
for taking reprisal 24
Offence
149. A person who takes a reprisal commits an offence. 25
Maximum penalty--167 penalty units or 2 years imprisonment. 26
32 Division 1 (Restricted titles and holding out), section 143 (Obligations of
advertisers) or 145 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 150 96 s 151
Medical Radiation Technologists Registration
entitlement for reprisal 1
Damages
150.(1) A reprisal is a tort and a person who takes a reprisal is liable in 2
damages to any person who suffers detriment as a result. 3
(2) Any appropriate remedy that may be granted by a court for a tort may 4
be granted by a court for the taking of a reprisal. 5
(3) If the claim for damages goes to trial in the Supreme Court or the 6
District Court, it must be decided by a judge sitting without a jury. 7
7--Other provisions 8
Division
or acceptance of payment, for referrals prohibited 9
Payment,
151.(1) This section applies to a registrant, or a person carrying on a 10
business providing professional services, (the "service provider"). 11
(2) The service provider must not, directly or indirectly, pay an amount 12
or give another benefit, or attempt to pay an amount or give another benefit, 13
to a person in return for the person referring another person to the service 14
provider or service provider's business. 15
Maximum penalty--200 penalty units. 16
(3) The service provider must not, directly or indirectly, accept payment 17
or another benefit for referring a user of the professional services provided 18
by the service provider, or service provider's business, to a person 19
providing, or carrying on a business providing, a health service. 20
Maximum penalty for subsection (3)--200 penalty units. 21
s 152 97 s 155
Medical Radiation Technologists Registration
PART 5--INVESTIGATION AND ENFORCEMENT 1
Division 1--Inspectors 2
of inspectors 3
Functions
152. An inspector has the function of conducting investigations and 4
inspections to enforce compliance with this Act. 5
of inspectors 6
Powers
153. For this Act, an inspector has the powers given to the person under 7
this Act. 8
on powers of inspectors 9
Limitation
154. The powers of an inspector may be limited under a condition of 10
appointment. 11
2--Appointment of inspectors and other matters 12
Division
ppointments 13
A
155. The board may appoint the following persons as an inspector-- 14
(a) a member; 15
(b) the executive officer; 16
(c) if the executive officer has agreed to the appointment, a member 17
of the office's staff the board considers has the necessary 18
expertise or experience to be an inspector; 19
(d) another person the board considers has the necessary expertise or 20
experience to be an inspector. 21
s 156 98 s 158
Medical Radiation Technologists Registration
conditions 1
Appointment
156.(1) An inspector holds office on the conditions stated in the 2
instrument of appointment. 3
(2) An inspector ceases holding office-- 4
(a) if the appointment provides for a term of appointment--at the end 5
of the term; or 6
(b) if the conditions of appointment provide--on ceasing to hold 7
another office (the "main office") stated in the appointment 8
conditions. 9
(3) An inspector may resign by signed notice of resignation given to the 10
board. 11
(4) However, an inspector may not resign from the office of inspector 12
(the "secondary office") if a condition of the inspector's employment to the 13
main office requires the inspector to hold the secondary office. 14
cards 15
Identity
157.(1) The board must give an identity card to each inspector. 16
(2) The identity card must-- 17
(a) contain a recent photograph of the inspector; and 18
(b) be signed by the inspector; and 19
(c) identify the person as an inspector for this Act; and 20
(d) include an expiry date for the card. 21
(3) This section does not prevent the issue of a single identity card to a 22
person for this Act and other Acts. 23
to return identity card 24
Failure
158. A person who ceases to be an inspector must return the person's 25
identity card to the chairperson within 7 days after the person ceases to be an 26
inspector, unless the person has a reasonable excuse. 27
Maximum penalty--10 penalty units. 28
s 159 99 s 160
Medical Radiation Technologists Registration
or display of inspector's identity card 1
Production
159.(1) An inspector may exercise a power in relation to someone else 2
(the "other person") only if the inspector-- 3
(a) first produces the inspector's identity card for the other person's 4
inspection; or 5
(b) has the identity card displayed so it is clearly visible to the other 6
person. 7
(2) However, if for any reason it is not practicable to comply with 8
subsection (1) before exercising the power, the inspector must produce the 9
identity card for the other person's inspection at the first reasonable 10
opportunity. 11
3--Powers of inspectors 12
Division
1--Entry of places 13
Subdivision
to enter places 14
Power
160.(1) An inspector may enter a place if-- 15
(a) its occupier consents to the entry; or 16
(b) it is a public place and the entry is made when the place is open to 17
the public; or 18
(c) the entry is authorised by a warrant. 19
(2) For the purpose of asking the occupier of a place for consent to enter, 20
an inspector may, without the occupier's consent or a warrant-- 21
(a) enter land around premises at the place to an extent that is 22
reasonable to contact the occupier; or 23
(b) enter part of the place the inspector reasonably considers 24
members of the public ordinarily are allowed to enter when they 25
wish to contact the occupier. 26
s 161 100 s 161
Medical Radiation Technologists Registration
2--Procedure for entry 1
Subdivision
with consent 2
Entry
161.(1) This section applies if an inspector intends to ask an occupier of a 3
place to consent to the inspector or another inspector entering the place 4
under section 160(1)(a). 5
(2) Before asking for the consent, the inspector must tell the occupier-- 6
(a) the purpose of the entry; and 7
(b) that the occupier is not required to consent. 8
(3) If the consent is given, the inspector may ask the occupier to sign an 9
acknowledgment of the consent. 10
(4) The acknowledgment must state-- 11
(a) the occupier has been told-- 12
(i) the purpose of the entry; and 13
(ii) that the occupier is not required to consent; and 14
(b) the purpose of the entry; and 15
(c) the occupier gives the inspector consent to enter the place and 16
exercise powers under this part; and 17
(d) the time and date the consent was given. 18
(5) If the occupier signs the acknowledgment, the inspector must 19
immediately give a copy to the occupier. 20
(6) A court must find the occupier of a place did not consent to an 21
inspector entering the place under this part if-- 22
(a) an issue arises in a proceeding before the court whether the 23
occupier of the place consented to the entry under 24
section 160(1)(a); and 25
(b) an acknowledgment mentioned in subsection (4) is not produced 26
in evidence for the entry; and 27
(c) it is not proved by the person relying on the lawfulness of the 28
entry that the occupier consented to the entry. 29
s 162 101 s 163
Medical Radiation Technologists Registration
for warrant 1
Application
162.(1) An inspector may apply to a magistrate for a warrant for a place. 2
(2) The application must be sworn and state the grounds on which the 3
warrant is sought. 4
(3) The magistrate may refuse to consider the application until the 5
inspector gives the magistrate all the information the magistrate requires 6
about the application in the way the magistrate requires. 7
8
Example--
9
The magistrate may require additional information supporting the application to be
10
given by statutory declaration.
of warrant 11
Issue
163.(1) The magistrate may issue a warrant only if the magistrate is 12
satisfied there are reasonable grounds for suspecting-- 13
(a) there is a particular thing or activity (the "evidence") that may 14
provide evidence of an offence against this Act; and 15
(b) the evidence is at the place, or may be at the place within the next 16
7 days. 17
(2) The warrant must state-- 18
(a) that a stated inspector may, with necessary and reasonable help 19
and force-- 20
(i) enter the place and any other place necessary for entry; and 21
(ii) exercise the inspector's powers under this part; and 22
(b) the offence for which the warrant is sought; and 23
(c) the evidence that may be seized under the warrant; and 24
(d) the hours of the day or night when the place may be entered; and 25
(e) the date, within 14 days after the warrant's issue, the warrant 26
ends. 27
s 164 102 s 164
Medical Radiation Technologists Registration
warrants 1
Special
164.(1) An inspector may apply for a warrant (a "special warrant") by 2
phone, fax, radio or another form of communication if the inspector 3
considers it necessary because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including, for example, the 6
inspector's remote location. 7
(2) Before applying for the special warrant, the inspector must prepare an 8
application stating the grounds on which the warrant is sought. 9
(3) The inspector may apply for the special warrant before the application 10
is sworn. 11
(4) After issuing the special warrant, the magistrate must immediately 12
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 13
practicable to fax the copy. 14
(5) If it is not reasonably practicable to fax a copy to the inspector-- 15
(a) the magistrate must tell the inspector-- 16
(i) what the terms of the special warrant are; and 17
(ii) the date and time the special warrant was issued; and 18
(b) the inspector must complete a form of warrant (a "warrant 19
form") and write on it-- 20
(i) the magistrate's name; and 21
(ii) the date and time the magistrate issued the special warrant; 22
and 23
(iii) the terms of the special warrant. 24
(6) The facsimile warrant, or the warrant form properly completed by the 25
inspector, authorises the entry and the exercise of the other powers stated in 26
the special warrant issued. 27
(7) The inspector must, at the first reasonable opportunity, send to the 28
magistrate-- 29
(a) the sworn application; and 30
(b) if the inspector completed a warrant form, the completed warrant 31
s 165 103 s 165
Medical Radiation Technologists Registration
form. 1
(8) On receiving the documents, the magistrate must attach them to the 2
special warrant. 3
(9) A court must find the exercise of the power by an inspector was not 4
authorised by a special warrant if-- 5
(a) an issue arises in a proceeding before the court whether the 6
exercise of the power was authorised by a special warrant 7
mentioned in subsection (1); and 8
(b) the special warrant is not produced in evidence; and 9
(c) it is not proved by the person relying on the lawfulness of the 10
entry that the inspector obtained the special warrant. 11
before entry 12
Warrants--procedure
165.(1) This section applies if an inspector named in a warrant issued 13
under this part for a place is intending to enter the place under the warrant. 14
(2) Before entering the place, the inspector must do or make a reasonable 15
attempt to do the following things-- 16
(a) identify himself or herself to a person present at the place who is 17
an occupier of the place by producing a copy of the inspector's 18
identity card or other document evidencing the inspector's 19
appointment; 20
(b) give the person a copy of the warrant or, if the entry is authorised 21
by a facsimile warrant or warrant form mentioned in 22
section 164(6), a copy of the facsimile warrant or warrant form; 23
(c) tell the person the inspector is permitted by the warrant to enter 24
the place; 25
(d) give the person an opportunity to allow the inspector immediate 26
entry to the place without using force. 27
(3) However, the inspector need not comply with subsection (2) if the 28
inspector believes on reasonable grounds that immediate entry to the place is 29
required to ensure the effective execution of the warrant is not frustrated. 30
s 166 104 s 167
Medical Radiation Technologists Registration
Subdivision 3--Powers after entry 1
powers after entering places 2
General
166.(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 the 24
requirement, unless the person has a reasonable excuse. 25
to help inspector 26
Failure
167.(1) A person required to give reasonable help under section 166(3)(f) 27
must comply with the requirement, unless the person has a reasonable 28
excuse. 29
Maximum penalty--50 penalty units. 30
s 168 105 s 170
Medical Radiation Technologists Registration
(2) If an individual is required under section 166(3)(f) to give 1
information, or produce a document, it is a reasonable excuse for the 2
individual not to comply with the requirement that complying with the 3
requirement might tend to incriminate the individual. 4
to give information 5
Failure
168.(1) A person of whom a requirement is made under 6
section 166(3)(g) must comply with the requirement, unless the person has 7
a reasonable excuse. 8
Maximum penalty--50 penalty units. 9
(2) It is a reasonable excuse for an individual not to comply with the 10
requirement that complying with the requirement might tend to incriminate 11
the individual. 12
4--Power to seize evidence 13
Subdivision
evidence at a place that may be entered without consent or 14
Seizing
warrant 15
169. An inspector who enters a place that may be entered under this 16
division without the consent of the occupier and without a warrant, may 17
seize a thing at the place if the inspector reasonably believes the thing is 18
evidence of an offence against this Act. 19
evidence at a place that may only be entered with consent or 20
Seizing
warrant 21
170.(1) This section applies if-- 22
(a) an inspector is authorised to enter a place under this division only 23
with the consent of the occupier of the place or a warrant; and 24
(b) the inspector enters the place after obtaining the necessary consent 25
or warrant. 26
(2) If the inspector enters the place with the occupier's consent, the 27
inspector may seize a thing at the place if-- 28
s 171 106 s 172
Medical Radiation Technologists Registration
(a) the inspector reasonably believes the thing is evidence of an 1
offence against this Act; and 2
(b) seizure of the thing is consistent with the purpose of entry as told 3
to the occupier when asking for the occupier's consent. 4
(3) If the inspector enters the place with a warrant, the inspector may 5
seize the evidence for which the warrant was issued. 6
(4) The inspector also may seize anything else at the place if the inspector 7
reasonably believes-- 8
(a) the thing is evidence of an offence against this Act; and 9
(b) the seizure is necessary to prevent the thing being-- 10
(i) hidden, lost or destroyed; or 11
(ii) used to continue, or repeat, the offence. 12
(5) Also, the inspector may seize a thing at the place if the inspector 13
reasonably believes it has just been used in committing an offence against 14
this Act. 15
seized things 16
Securing
171. Having seized a thing, an inspector may-- 17
(a) move the thing from the place where it was seized (the "place of 18
seizure"); or 19
(b) leave the thing at the place of seizure but take reasonable action to 20
restrict access to it. 21
22
Examples of restricting access to a thing--
23
1. Sealing a thing and marking it to show access to it is restricted.
24
2. Sealing the entrance to a room where the seized thing is situated
25
and marking the entrance to show access to the room is restricted.
with seized things 26
Tampering
172. If an inspector restricts access to a seized thing, a person must not 27
tamper, or attempt to tamper, with the thing, or something restricting access 28
s 173 107 s 174
Medical Radiation Technologists Registration
to the thing, without an inspector's approval. 1
Maximum penalty--100 penalty units. 2
to support seizure 3
Powers
173.(1) To enable a thing to be seized, an inspector may require the 4
person in control of it-- 5
(a) to take it to a stated reasonable place by a stated reasonable time; 6
and 7
(b) if necessary, to remain in control of it at the stated place for a 8
reasonable time. 9
(2) The requirement-- 10
(a) must be made by notice in the approved form; or 11
(b) if for any reason it is not practicable to give the notice, may be 12
made orally and confirmed by notice in the approved form as 13
soon as practicable. 14
(3) A further requirement may be made under this section about the same 15
thing if it is necessary and reasonable to make the further requirement. 16
(4) A person of whom a requirement is made under subsection (1) or (3) 17
must comply with the requirement, unless the person has a reasonable 18
excuse. 19
Maximum penalty for subsection (4)--50 penalty units. 20
for seized things 21
Receipts
174.(1) As soon as practicable after an inspector seizes a thing, the 22
inspector must give a receipt for it to the person from whom it was seized. 23
(2) However, if for any reason it is not practicable to comply with 24
subsection (1), the inspector must leave the receipt at the place of seizure in 25
a conspicuous position and in a reasonably secure way. 26
(3) The receipt must describe generally each thing seized and its 27
condition. 28
(4) This section does not apply to a thing if it is impracticable or would 29
s 175 108 s 175
Medical Radiation Technologists Registration
be unreasonable to give the receipt, given the thing's nature, condition and 1
value. 2
of seized things 3
Forfeiture
175.(1) A seized thing is forfeited to the State if the inspector who seized 4
the thing-- 5
(a) can not find its owner, after making reasonable inquiries; or 6
(b) can not return it to its owner, after making reasonable efforts; or 7
(c) reasonably believes it is necessary to retain the thing to prevent it 8
being used to commit an offence against this Act. 9
(2) In applying subsection (1)-- 10
(a) subsection (1)(a) does not require the inspector to make inquiries 11
if it would be unreasonable to make inquiries to find the owner; 12
and 13
(b) subsection (1)(b) does not require the inspector to make efforts if 14
it would be unreasonable to make efforts to return the thing to its 15
owner. 16
(3) If the inspector makes a decision under subsection (1)(c), resulting in 17
the seized thing being forfeited to the State, the inspector must immediately 18
give the owner an information notice for the decision. 19
(4) Subsection (3) does not apply if-- 20
(a) the inspector can not find the owner, after making reasonable 21
inquiries; or 22
(b) it is impracticable or would be unreasonable to give the 23
information notice. 24
(5) Regard must be had to a thing's nature, condition and value-- 25
(a) in deciding-- 26
(i) whether it is reasonable to make inquiries or efforts; and 27
(ii) if making inquiries or efforts, what inquiries or efforts, 28
including the period over which they are made, are 29
reasonable; or 30
s 176 109 s 177
Medical Radiation Technologists Registration
(b) in deciding whether it would be unreasonable to give the 1
information notice. 2
on conviction 3
Forfeiture
176.(1) On the conviction of a person for an offence against this Act, the 4
court may order the forfeiture to the State of-- 5
(a) anything used to commit the offence; or 6
(b) anything else the subject of the offence. 7
(2) The court may make the order-- 8
(a) whether or not the thing has been seized; and 9
(b) if the thing has been seized, whether or not the thing has been 10
returned to its owner. 11
(3) The court may make any order to enforce the forfeiture it considers 12
appropriate. 13
(4) This section does not limit the court's powers under the Penalties and 14
Sentences Act 1992 or another law. 15
with forfeited things etc. 16
Dealing
177.(1) On the forfeiture of a thing to the State, the thing becomes the 17
State's property and may be dealt with by the executive officer as the 18
executive officer considers appropriate. 19
(2) Without limiting subsection (1), the executive officer may destroy or 20
dispose of the thing. 21
(3) Despite subsection (1), the executive officer must not deal with the 22
thing in a way that could prejudice the outcome of-- 23
(a) an appeal started under section 192(3); or 24
(b) another appeal, relevant to the thing, of which the executive officer 25
is aware. 26
s 178 110 s 180
Medical Radiation Technologists Registration
of seized things 1
Return
178.(1) If a seized thing has not been forfeited, the inspector must return 2
it to its owner-- 3
(a) at the end of 6 months; or 4
(b) if a proceeding for an offence involving the thing is started within 5
6 months, at the end of the proceeding and any appeal from the 6
proceeding. 7
(2) Despite subsection (1), unless the thing has been forfeited, the 8
inspector must immediately return a thing seized as evidence to its owner if 9
the inspector stops being satisfied its continued retention as evidence is 10
necessary. 11
to seized things 12
Access
179.(1) Until a seized thing is forfeited or returned, an inspector must 13
allow its owner to inspect it and, if it is a document, to copy it. 14
(2) Subsection (1) does not apply if it is impracticable or would be 15
unreasonable to allow the inspection or copying. 16
Subdivision 5--Power to obtain information 17
to require name and address 18
Power
180.(1) This section applies if-- 19
(a) an inspector finds a person committing an offence against this 20
Act; or 21
(b) an inspector finds a person in circumstances that lead, or has 22
information that leads, the inspector to reasonably suspect the 23
person has just committed an offence against this Act. 24
(2) The inspector may require the person to state the person's name and 25
residential address. 26
(3) When making the requirement, the inspector must warn the person it 27
is an offence to fail to state the person's name or residential address, unless 28
the person has a reasonable excuse. 29
s 181 111 s 182
Medical Radiation Technologists Registration
(4) The inspector may require the person to give evidence of the 1
correctness of the stated name or residential address if the inspector 2
reasonably suspects the stated name or address is false. 3
(5) A requirement under subsection (2) or (4) is called a "personal 4
details requirement". 5
to give name or address 6
Failure
181.(1) A person of whom a personal details requirement is made must 7
comply with the requirement, unless the person has a reasonable excuse. 8
Maximum penalty--50 penalty units. 9
(2) A person does not commit an offence against subsection (1) if-- 10
(a) the person was required to state the person's name and residential 11
address by an inspector who suspected the person had committed 12
an offence against this Act; and 13
(b) the person is not proved to have committed the offence. 14
to require production of documents 15
Power
182.(1) An inspector may require a person to make available for 16
inspection by an inspector, or produce to the inspector for inspection, at a 17
reasonable time and place nominated by the inspector a document issued to 18
the person under this Act. 19
(2) The inspector may keep the document to copy it. 20
(3) The inspector must return the document to the person as soon as 21
practicable after copying it. 22
(4) While the document is in the inspector's possession, the inspector 23
must allow it to be inspected or copied, at a reasonable time, by a person 24
who would be entitled to inspect or copy it were it not in the inspector's 25
possession. 26
(5) A requirement under subsection (1) is called a "document 27
production requirement". 28
s 183 112 s 185
Medical Radiation Technologists Registration
to produce document 1
Failure
183.(1) A person of whom a document production requirement is made 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--50 penalty units. 5
(2) It is not a reasonable excuse for an individual not to comply with a 6
document production requirement if complying with the requirement might 7
tend to incriminate the individual. 8
to require information 9
Power
184.(1) This section applies if an inspector reasonably believes-- 10
(a) an offence against this Act has been committed; and 11
(b) a person may be able to give information about the offence. 12
(2) The inspector may, by notice given to the person, require the person 13
to give information, including a document, about the offence to the inspector 14
at a stated reasonable time and place. 15
(3) The person must comply with a requirement under subsection (2), 16
unless the person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
(4) For this section, it is a reasonable excuse for an individual to fail to 19
give information that giving the information might tend to incriminate the 20
individual. 21
4--General enforcement matters 22
Division
of damage 23
Notice
185.(1) This section applies if-- 24
(a) an inspector damages property when exercising or purporting to 25
exercise a power; or 26
(b) a person (the "other person") acting under the direction of an 27
inspector damages property. 28
s 186 113 s 186
Medical Radiation Technologists Registration
(2) The inspector must immediately give notice of particulars of the 1
damage to the person who appears to the inspector to be the owner of the 2
property. 3
(3) If the inspector believes the damage was caused by a latent defect in 4
the property or circumstances beyond the inspector's or other person's 5
control, the inspector may state the belief in the notice. 6
(4) If, for any reason, it is impracticable to comply with subsection (2), 7
the inspector must leave the notice in a conspicuous position and in a 8
reasonably secure way where the damage happened. 9
(5) This section does not apply to damage the inspector reasonably 10
believes is trivial. 11
(6) In this section-- 12
"owner", of property, includes the person in possession or control of it. 13
14
Compensation
186.(1) A person may claim from the board the cost of repairing or 15
replacing property damaged because of the exercise or purported exercise of 16
a power under any of the following subdivisions of division 333-- 17
· subdivision 1 (Entry of places) 18
· subdivision 3 (Powers after entry) 19
· subdivision 4 (Power to seize evidence). 20
(2) Without limiting subsection (1), compensation may be claimed for 21
loss or expense incurred in complying with a requirement made of the 22
person under the subdivision. 23
(3) Compensation may be claimed and ordered to be paid in a 24
proceeding-- 25
(a) brought in a court with jurisdiction for the recovery of the amount 26
of compensation claimed; or 27
(b) for an offence against this Act brought against the person 28
claiming compensation. 29
33 Division 3 (Powers of inspectors)
s 187 114 s 189
Medical Radiation Technologists Registration
(4) A court may order compensation to be paid only if it is satisfied it is 1
just to make the order in the circumstances of the particular case. 2
or misleading information 3
False
187. A person must not give information to an inspector the person 4
knows is false or misleading in a material particular. 5
Maximum penalty--50 penalty units. 6
or misleading documents 7
False
188.(1) A person must not give an inspector a document containing 8
information the person knows is false or misleading in a material particular. 9
Maximum penalty--50 penalty units. 10
(2) Subsection (1) does not apply to a person if the person, when giving 11
the document-- 12
(a) tells the inspector, to the best of the person's ability, how it is 13
false or misleading; and 14
(b) if the person has, or can reasonably obtain, the correct 15
information, gives the correct information. 16
inspectors 17
Obstructing
189.(1) A person must not obstruct an inspector in the exercise of a 18
power, unless the person has a reasonable excuse. 19
Maximum penalty--100 penalty units. 20
(2) If a person has obstructed an inspector and the inspector decides to 21
proceed with the exercise of the power, the inspector must warn the person 22
that-- 23
(a) it is an offence to obstruct the inspector, unless the person has a 24
reasonable excuse; and 25
(b) the inspector considers the person's conduct is an obstruction. 26
(3) In this section-- 27
"obstruct" includes hinder and attempt to obstruct or hinder. 28
s 190 115 s 192
Medical Radiation Technologists Registration
of inspectors 1
Impersonation
190. A person must not pretend to be an inspector. 2
Maximum penalty--50 penalty units. 3
ART 6--APPEALS 4
P
may appeal 5
Who
191.(1) A person (the "appellant") who is given, or is entitled to be 6
given, an information notice for a decision (the "original decision") may 7
appeal against the decision to the District Court.34 8
(2) To help users of this Act, schedule 1 identifies the decisions for 9
which an information notice must be given under this Act. 10
appeals 11
Starting
192.(1) The appeal may be started at-- 12
(a) the District Court at the place where the person resides or carries 13
on business; or 14
(b) the District Court at Brisbane. 15
(2) Subsection (1) does not limit the District Court at which the appeal 16
may be started under the Uniform Civil Procedure Rules 1999. 17
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 18
must be filed with the registrar of the court within 28 days after-- 19
(a) if the appellant is given an information notice for the original 20
decision--the day the appellant is given the notice; or 21
(b) if paragraph (a) does not apply--the day the person otherwise 22
becomes aware of the original decision. 23
34 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 193 116 s 194
Medical Radiation Technologists Registration
(4) The court may, at any time, extend the period for filing the notice of 1
appeal. 2
procedures 3
Hearing
193.(1) In deciding the appeal, the court-- 4
(a) has the same powers as the person who made the original 5
decision; and 6
(b) is not bound by the rules of evidence; and 7
(c) must comply with natural justice. 8
(2) The appeal is by way of rehearing, unaffected by the original decision, 9
on the material before the person who made the original decision and any 10
further evidence allowed by the court. 11
of court on appeal 12
Powers
194.(1) In deciding the appeal, the court may-- 13
(a) confirm the original decision; or 14
(b) amend the original decision; or 15
(c) substitute another decision for the original decision; or 16
(d) set aside the original decision and return the issue to the board 17
with the directions the court considers appropriate. 18
(2) In substituting another decision for the original decision, the court has 19
the same powers as the person who made the original decision. 20
21
Example--
22
The court may decide that an unsuccessful applicant for general registration be
23
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 24
decision for the original decision, the amended or substituted decision is, for 25
this Act (other than this part) taken to be the decision of the person who 26
made the original decision. 27
(4) If the court decides to impose conditions on a registration, the court 28
must-- 29
s 195 117 s 196
Medical Radiation Technologists Registration
(a) state the reasons for the decision; and 1
(b) if the registration is a general registration, decide and state the 2
review period applying to the conditions.35 3
(5) If the court decides to impose conditions on a registration because of 4
the registrant's mental and physical health, it must also decide whether 5
details of the conditions must be recorded in the register for the period for 6
which the conditions are in force. 7
(6) The court must decide not to record details of the conditions 8
mentioned in subsection (5) 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
of assessors 12
Appointment
195.(1) If the court is of the opinion that the appeal involves a question of 13
special knowledge and skill, the court may appoint 1 or more assessors who 14
in the court's opinion possess the special qualifications necessary for the 15
particular case to assist the court in its deciding the appeal. 16
(2) An assessor may advise the court on any matter, but all questions of 17
law and fact are to be decided by the court. 18
(3) The court may give the weight to the advice that it considers 19
appropriate. 20
ART 7--LEGAL PROCEEDINGS 21
P
Division 1--Evidence 22
of division 23
Application
196. This division applies to a proceeding under this Act. 24
35 The conditions may be reviewed under part 3 (Registration), division 8
(Reviewing conditions of general registrations).
s 197 118 s 199
Medical Radiation Technologists Registration
and authority 1
Appointments
197. It is not necessary to prove-- 2
(a) an inspector's, or member's, appointment; or 3
(b) the executive officer's appointment; or 4
(c) the authority of an inspector, a member, the executive officer or a 5
member of the office's staff to do anything under this Act. 6
7
Signatures
198. A signature purporting to be the signature of the Minister, the 8
chairperson, a member, an inspector, the executive officer or a member of 9
the office's staff is evidence of the signature it purports to be. 10
provisions 11
Evidentiary
199. A certificate purporting to be signed by the executive officer and 12
stating any of the following matters is evidence of the matter-- 13
(a) a stated document is one of the following things made, given, 14
issued or kept under this Act-- 15
(i) an appointment, approval or decision; 16
(ii) a notice, direction or requirement; 17
(iii) a certificate of registration; 18
(iv) a record, or an extract from a record; 19
(v) the register, or an extract from the register; 20
(b) a stated document is another document kept under this Act; 21
(c) a stated document is a copy of a thing mentioned in paragraph (a) 22
or (b); 23
(d) on a stated day, or during a stated period, a stated person was or 24
was not a registrant; 25
(e) on a stated day, or during a stated period, a registration-- 26
(i) was or was not in force; or 27
(ii) was or was not subject to a stated condition; 28
s 200 119 s 201
Medical Radiation Technologists Registration
(f) on a stated day, a registration was cancelled; 1
(g) on a stated day, or during a stated period, an appointment as an 2
inspector was, or was not, in force for a stated person; 3
(h) on a stated day, a stated person was given a stated notice or 4
direction under this Act; 5
(i) on a stated day, a stated requirement was made of a stated person. 6
2--Proceedings 7
Division
and summary offences 8
Indictable
200.(1) An offence against section 14936 is an indictable offence. 9
(2) Any other offence against this Act is a summary offence. 10
for indictable offences 11
Proceedings
201.(1) A proceeding for an indictable offence against this Act may be 12
taken, at the election of the prosecution-- 13
(a) by way of summary proceeding under the Justices Act 1886; or 14
(b) on indictment. 15
(2) A magistrate must not hear an indictable offence summarily if-- 16
(a) the defendant asks at the start of the hearing that the charge be 17
prosecuted on indictment; or 18
(b) the magistrate considers the charge should be prosecuted on 19
indictment. 20
(3) If subsection (2) applies-- 21
(a) the magistrate must proceed by way of an examination of 22
witnesses for an indictable offence; and 23
(b) a plea of the person charged at the start of the proceeding must be 24
disregarded; and 25
36 Section 149 (Offence for taking reprisal)
s 202 120 s 203
Medical Radiation Technologists Registration
(c) evidence brought in the proceeding before the magistrate decided 1
to act under subsection (2) is taken to be evidence in the 2
proceeding for the committal of the person for trial or sentence; 3
and 4
(d) before committing the person for trial or sentence, the magistrate 5
must make a statement to the person as required by the Justices 6
Act 1886, section 104(2)(b).37 7
on who may summarily hear indictable offence 8
Limitation
202.(1) The proceeding must be before a magistrate if it is a 9
proceeding-- 10
(a) for the summary conviction of a person on a charge for an 11
indictable offence; or 12
(b) for an examination of witnesses for a charge for an indictable 13
offence. 14
(2) However, if the proceeding is brought before a justice who is not a 15
magistrate, jurisdiction is limited to taking or making a procedural action or 16
order within the meaning of the Justices of the Peace and Commissioners 17
for Declarations Act 1991. 18
on time for starting summary proceedings 19
Limitation
203. A proceeding for a summary offence against this Act by way of 20
summary proceeding under the Justices Act 1886 must start-- 21
(a) within 1 year after the commission of the offence; or 22
(b) within 6 months after the offence comes to the complainant's 23
knowledge, but within 2 years after the commission of the 24
offence. 25
37 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 204 121 s 206
Medical Radiation Technologists Registration
of false or misleading information or documents 1
Allegations
204. In any proceeding for an offence against this Act defined as 2
involving false or misleading information, or a false or misleading 3
document, it is enough for a charge to state that the information or 4
document was, without specifying which, `false or misleading'. 5
to be paid to board 6
Penalties
205. All penalties recovered as a result of proceedings for offences 7
against this Act brought by the board must be ordered to be paid to the 8
board. 9
for acts or omissions of representatives 10
Responsibility
206.(1) This section applies in a proceeding for an offence against this 11
Act. 12
(2) If it is relevant to prove a person's state of mind about a particular act 13
or omission, it is enough to show-- 14
(a) the act was done or omitted to be done by a representative of the 15
person within the scope of the representative's actual or apparent 16
authority; and 17
(b) the representative had the state of mind. 18
(3) An act done or omitted to be done for a person by a representative of 19
the person within the scope of the representative's actual or apparent 20
authority is taken to have been done or omitted to be done also by the 21
person, unless the person proves the person could not, by the exercise of 22
reasonable diligence, have prevented the act or omission. 23
(4) In this section-- 24
"representative" means-- 25
(a) for a corporation--an executive officer, employee or agent of the 26
corporation; or 27
(b) for an individual--an employee or agent of the individual. 28
s 207 122 s 207
Medical Radiation Technologists Registration
"state of mind" of a person includes-- 1
(a) the person's knowledge, intention, opinion, belief or purpose; and 2
(b) the person's reasons for the intention, opinion, belief or purpose. 3
officers must ensure corporation complies with Act 4
Executive
207.(1) The executive officers of a corporation must ensure the 5
corporation complies with this Act. 6
(2) If a corporation commits an offence against a provision of this Act, 7
each of the corporation's executive officers also commits an offence, 8
namely, the offence of failing to ensure the corporation complies with the 9
provision. 10
Maximum penalty--the penalty for the contravention of the provision by an 11
individual. 12
(3) Evidence that the corporation has been convicted of an offence against 13
a provision of this Act is evidence that each of the executive officers 14
committed the offence of failing to ensure the corporation complies with the 15
provision. 16
(4) However, it is a defence for an executive officer to prove-- 17
(a) if the officer was in a position to influence the conduct of the 18
corporation in relation to the offence, the officer exercised 19
reasonable diligence to ensure the corporation complied with the 20
provision; or 21
(b) the officer was not in a position to influence the conduct of the 22
corporation in relation to the offence. 23
s 208 123 s 208
Medical Radiation Technologists Registration
PART 8--REGISTER, RECORDS AND 1
INFORMATION 2
Division 1--Register 3
to be kept 4
Register
208.(1) The board must keep a register about registrants. 5
(2) The register may be kept in the way the board considers appropriate, 6
including, for example, in an electronic form. 7
(3) The register must contain the following details for each registrant-- 8
(a) the registrant's name; 9
(b) an address of the registrant notified by the registrant to the board; 10
(c) the profession in which the registrant is registered; 11
(d) whether the registrant is a general registrant, provisional general 12
registrant, special purpose registrant or provisional special 13
purpose registrant; 14
(e) the qualification relied on by the registrant to obtain registration; 15
(f) if the registrant is a special purpose registrant or provisional 16
special purpose registrant, details of the special activity for which 17
the registrant is registered; 18
(g) if conditions, including, for example, probationary conditions are 19
imposed, under this Act, on the registrant's registration-- 20
(i) for conditions imposed because of the registrant's mental 21
and physical health, the details of which it has been decided 22
under this Act not to record in the register--the fact that 23
conditions, including, for example, any probationary 24
conditions have been imposed; or 25
(ii) otherwise--details of the conditions; 26
(h) any other information required to be recorded in the register under 27
the Health Practitioners (Professional Standards) Act 1999; 28
(i) other details prescribed under a regulation. 29
s 209 124 s 210
Medical Radiation Technologists Registration
(4) For subsection (3)(g), the fact or details must be recorded in the 1
register for the period the conditions are in force. 2
of register 3
Inspection
209.(1) The board must-- 4
(a) keep the register open for inspection, free of charge, at the office 5
by members of the public during ordinary office hours; and 6
(b) give a person a copy of the register, or a part of it, on payment of 7
the fee prescribed under a regulation. 8
(2) Subsection (1) does not apply to details of the residential address of a 9
registrant, unless the registrant gives notice to the board that he or she agrees 10
to the details being able to be inspected. 11
2--Records to be kept 12
Division
13
Records
210.(1) The board must keep records of the following details about each 14
registrant or former registrant-- 15
(a) if the registration was affected under the Health Practitioners 16
(Professional Standards) Act 1999, details of the way it was 17
affected and the reason for it being affected; 18
(b) if the registration was cancelled under this Act, the fact of, and the 19
reason for, the cancellation; 20
(c) if conditions were, under this Act, imposed on the registration, 21
details of the conditions and the reasons for their imposition; 22
(d) other details prescribed under a regulation. 23
(2) The records must be kept for at least 10 years. 24
s 211 125 s 211
Medical Radiation Technologists Registration
Division 3--Information 1
of information 2
Confidentiality
211.(1) This section applies to a person (the "relevant person") who is 3
or was-- 4
(a) a member; or 5
(b) a member of a committee; or 6
(c) appointed by the board to conduct a health assessment of another 7
person; or 8
(d) an inspector; or 9
(e) the executive officer or a member of the office's staff; or 10
(f) otherwise involved in the administration of this Act. 11
(2) This section applies to information about a person obtained by the 12
relevant person in the course of performing the relevant person's functions 13
under this Act. 14
(3) The relevant person must not disclose the information to anyone else. 15
Maximum penalty--100 penalty units. 16
(4) However, the relevant person may disclose the information to 17
someone else-- 18
(a) to the extent necessary to perform the relevant person's functions 19
under or relating to this Act or the Health Practitioners 20
(Professional Standards) Act 1999; or 21
(b) if the disclosure is authorised under this or another Act; or 22
(c) if the disclosure is otherwise required or permitted by law; or 23
(d) if the person to whom the information relates agrees to the 24
disclosure; or 25
(e) if the disclosure is in a form that does not disclose the identity of a 26
person; or 27
(f) if the information is, or has been, accessible to the public, 28
including, for example, because it is or was recorded in the 29
register; or 30
s 212 126 s 212
Medical Radiation Technologists Registration
(g) if the disclosure is to a foreign regulatory authority and the 1
disclosure is necessary for the authority to perform its functions; 2
or 3
(h) if the disclosure is to the Minister to allow the Minister to act 4
under paragraph (i); or 5
(i) if the Minister considers the disclosure is in the public interest and 6
authorises the relevant person to disclose the information. 7
(5) If the Minister authorises information to be disclosed under 8
subsection (4)(i) about a matter concerning a registrant, the Minister must 9
inform the board of the authorisation and its purpose. 10
(6) In this section-- 11
"information", about a person, means-- 12
(a) information about the person's health that identifies, or is likely to 13
identify, the person; or 14
(b) information about the person's criminal history obtained under a 15
request under section 45(3). 16
annual report must disclose authorisation 17
Board's
212.(1) This section applies if the board is given information, under 18
section 211(5), in a financial year about an authorisation. 19
(2) The board must include a statement about the authorisation in its 20
annual report under the Financial Administration and Audit Act 1977 for the 21
financial year. 22
(3) The statement must include general details about-- 23
(a) the nature of the information disclosed under the authorisation; 24
and 25
(b) the purpose for which the information was disclosed. 26
(4) However, the statement must not identify any person. 27
s 213 127 s 215
Medical Radiation Technologists Registration
PART 9--MISCELLANEOUS 1
Division 1--Abandoned, and other, health records 2
for div 1 3
Definitions
213. In this division-- 4
"health records" means documents, recording the health history, condition 5
and treatment of users of the professional services provided by a 6
person, made in the course of the person's practice of the profession. 7
"possess", a health record, includes having the record under control in any 8
place, whether or not another person has custody of the record. 9
may take possession of abandoned health records 10
Board
214.(1) This section applies if the board suspects on reasonable grounds 11
that health records have been abandoned. 12
(2) The board may take and keep possession of the records to be dealt 13
with under this division. 14
(3) For taking possession of the records, the board may give notice to the 15
occupier of the place where the records are situated to deliver the records to 16
the board to be dealt with under this division. 17
(4) The notice must state that the requirement must be complied with 18
within a period of 14 days after the occupier receives the notice. 19
(5) The occupier must comply with the requirement within the stated 20
period, unless the occupier has a reasonable excuse. 21
Maximum penalty for subsection (5)--50 penalty units. 22
records forming part of deceased estate 23
Health
215.(1) This section applies if health records form part of a deceased 24
estate. 25
(2) The personal representative of the deceased person concerned may 26
s 216 128 s 217
Medical Radiation Technologists Registration
deliver the records into the possession of the board to be dealt with under 1
this division. 2
records of persons convicted of an offence against s 136(1) or 3
Health
(6) or 137 4
216.(1) This section applies to a person who is convicted of an offence 5
against section 136(1) or (6) or 137.38 6
(2) The board may give the person notice to deliver health records in the 7
possession or control of the person into the possession of the board to be 8
dealt with under this division. 9
(3) The person must within 14 days after receiving the notice deliver the 10
records into the possession of the board. 11
Maximum penalty--50 penalty units. 12
(4) If the person does not comply with the notice, the board may take and 13
keep possession of the records. 14
with certain health records seized under s 169 or 170 15
Dealing
217.(1) This section applies if, under section 169 or 170,39 an inspector 16
seizes health records that the board may take and keep possession of under 17
section 214 or 216. 18
(2) The inspector must deliver the health records into the possession of 19
the board to be dealt with under this division. 20
(3) Sections 175, 178 and 17940 do not apply to health records delivered 21
to the board under subsection (2). 22
38 Section 136 (Taking of restricted titles etc.) or 137 (Claims by persons as to
registration)
39 Section 169 (Seizing evidence at a place that may be entered without consent or
warrant) or 170 (Seizing evidence at a place that may only be entered with
consent or warrant)
40 Sections 175 (Forfeiture of seized things), 178 (Return of seized things) and
179 (Access to seized things)
s 218 129 s 220
Medical Radiation Technologists Registration
board may deal with health records 1
How
218.(1) This section applies if the board takes possession of a health 2
record under this division. 3
(2) The board may-- 4
(a) give the record to the person to whom the record relates; or 5
(b) if directed by the person, give the record to a registrant under a 6
health practitioner registration Act chosen by the person; or 7
(c) if the board can not find the person after making reasonable 8
inquiries, keep the record; or 9
(d) if the board can not find the person, after making reasonable 10
inquiries, and decides it is no longer necessary to keep the record, 11
destroy the record. 12
(3) To remove doubt, it is declared that the board is taken to be keeping a 13
health record if another body stores the record on its behalf. 14
of health records 15
Destruction
219.(1) This section applies if the board destroys a health record under 16
section 218(2)(d). 17
(2) Compensation is not recoverable against the board because of the 18
destruction of the record. 19
2--Continuing professional education of registrants 20
Division
professional education programs 21
Continuing
220.(1) The board may develop or recognise a program for the 22
continuing professional education of registrants in a profession. 23
(2) The board must give notice to all registrants in the profession, to 24
whom the program is relevant, of details of the program. 25
(3) The program may state the minimum continuing professional 26
education requirements a registrant in the profession needs to satisfy, in a 27
stated period, to keep up-to-date with developments in the practice of the 28
profession. 29
s 221 130 s 221
Medical Radiation Technologists Registration
(4) A registrant who has satisfied the requirements in the stated period 1
may advertise this fact. 2
(5) A registrant who has not satisfied the requirements in the stated 3
period must not advertise that the registrant has satisfied the requirements. 4
Maximum penalty for subsection (5)--50 penalty units. 5
3--Declared events 6
Division
for div 3 7
Definitions
221. In this division-- 8
"declaration period" see section 222(3). 9
"declared event" means an event declared to be a declared event under 10
section 222(1). 11
"interstate law" means a law of another State that provides for the same 12
matter as this Act. 13
"local practitioner" means a person registered under this Act. 14
"participant" means a person who is officially participating in, or 15
preparing for, a declared event. 16
"prepare" includes the following-- 17
(a) train; 18
(b) practise; 19
(c) rehearse; 20
(d) acclimatise. 21
"visiting practitioner" , in relation to a declared event, means a person 22
who-- 23
(a) is not a local practitioner; and 24
(b) is registered under an interstate law in a profession; and 25
(c) is appointed, employed, contracted or otherwise engaged to 26
provide professional services to a participant in relation to the 27
event. 28
s 222 131 s 223
Medical Radiation Technologists Registration
of events 1
Declaration
222.(1) The Minister may, by notice, declare a sporting, cultural or other 2
event to be a declared event for this Act. 3
(2) The notice must be for an event taking place, or to take place, in the 4
State that will or is likely to attract a significant number of participants. 5
(3) The notice must state a period during which the declaration is to 6
remain in force (the "declaration period"). 7
(4) The declaration period for the declared event may include a period 8
before or after the declared event takes place. 9
(5) The notice is subordinate legislation. 10
general registration of visiting practitioners 11
Deemed
223.(1) This section applies to a visiting practitioner in relation to a 12
declared event. 13
(2) Subject to subsections (4) and (5), the practitioner is taken to be a 14
general registrant in the profession in which the practitioner is registered 15
under an interstate law, during the declaration period for the event, in 16
relation to the provision of professional services to a participant in the event. 17
(3) The practitioner's deemed general registration under subsection (2) is 18
taken to be subject to any conditions of the practitioner's registration under 19
an interstate law in a profession. 20
(4) Part 3, divisions 4 to 8 and 1041 do not apply to the practitioner while 21
the practitioner is taken, under subsection (2), to be a general registrant. 22
(5) The practitioner is not taken to be a registrant for the operation of 23
sections 37(1)(b) and 208.42 24
41 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) and 10 (General provisions about
registrations)
42 Sections 37 (Matters to be included in annual report) and 208 (Register to be
kept)
s 224 132 s 225
Medical Radiation Technologists Registration
4--Other provisions 1
Division
officials from liability 2
Protecting
224.(1) An official is not civilly liable for an act done, or omission made, 3
honestly and without negligence under this Act. 4
(2) If subsection (1) prevents a civil liability attaching to an official, the 5
liability attaches instead to the board. 6
(3) In this section-- 7
"official" means-- 8
(a) a member; or 9
(b) a committee member who is not a board member; or 10
(c) the executive officer; or 11
(d) a person appointed by the board to conduct a health assessment of 12
another person; or 13
(e) an inspector; or 14
(f) a person acting under the direction or authority of an inspector. 15
for persons supervising probationary registrants 16
Protection
225.(1) This section applies to a person who, honestly and on reasonable 17
grounds gives information to the board, or an entity prescribed under a 18
regulation under section 62 or 94, about a probationary registrant in the 19
person's capacity as-- 20
(a) the registrant's supervisor or former supervisor for the supervised 21
practice program, or the partial program; or 22
(b) a person who otherwise supervises, or previously supervised, the 23
registrant in undertaking the supervised practice program, or the 24
partial program. 25
(2) The person is not liable, civilly, criminally or under an administrative 26
process, for giving the information. 27
(3) Without limiting subsection (2)-- 28
(a) in a proceeding for defamation the person has a defence of 29
s 226 133 s 228
Medical Radiation Technologists Registration
absolute privilege for publishing the information; and 1
(b) if the person would otherwise be required to maintain 2
confidentiality about the given information under an Act, oath, 3
rule of law or practice, the person-- 4
(i) does not contravene the Act, oath, rule of law or practice by 5
giving the information; and 6
(ii) is not liable to disciplinary action for giving the information. 7
or misleading information or documents 8
False
226.(1) A person must not give information to the board the person 9
knows is false or misleading in a material particular. 10
Maximum penalty--50 penalty units. 11
(2) A person must not give the board a document containing information 12
the person knows is false or misleading in a material particular. 13
Maximum penalty--50 penalty units. 14
(3) Subsection (2) does not apply to a person if the person, when giving 15
the document-- 16
(a) tells the board, to the best of the person's ability, how it is false or 17
misleading; and 18
(b) if the person has, or can reasonably obtain, the correct 19
information, gives the correct information. 20
etc. not to be false or misleading 21
Certificates
227. A registrant must not, in the registrant's professional capacity, sign 22
or give to another person, a certificate, notice, report or other document the 23
registrant knows is false or misleading in a material particular. 24
Maximum penalty--50 penalty units. 25
of provisions 26
Application
228.(1) This section applies if a provision of this Act applies another 27
provision of this Act for a purpose. 28
s 229 134 s 231
Medical Radiation Technologists Registration
(2) The other provision, and any definition relevant to the other provision, 1
apply with any necessary changes. 2
(3) Subsection (2) is not limited merely because a provision states how 3
the other provision is to apply. 4
of forms 5
Approval
229. The board may approve forms for use under this Act. 6
fees 7
Examination
230. A person who sits an examination set and administered by the board 8
under this Act must, before sitting the examination, pay the board the fee for 9
the examination prescribed under a regulation. 10
power 11
Regulation-making
231.(1) The Governor in Council may make regulations under this Act. 12
(2) A regulation may be made about the following-- 13
(a) the grounds and processes for deciding that a professional practice 14
setting is, or is not, a suitable place for probationary registrants to 15
undertake supervised practice programs; and 16
(b) the accreditation of professional practice settings for supervised 17
practice programs, including the fees for accrediting professional 18
practice settings; and 19
(c) supervisors and other persons who supervise registrants 20
undertaking a supervised practice program, including-- 21
(i) the eligibility criteria for supervisors and other persons who 22
supervise probationary registrants; and 23
(ii) the grounds and processes for declaring a person ineligible to 24
be a supervisor; and 25
(iii) the accreditation of supervisors; 26
(d) fees, including the refunding of fees, for this Act; 27
(e) imposing a penalty of not more than 20 penalty units for a 28
s 232 135 s 232
Medical Radiation Technologists Registration
contravention of a provision of a regulation. 1
(3) Without limiting subsection (2)(d), a regulation may prescribe 2
amounts as fees having regard to the costs of the board performing its 3
functions under, or complying with-- 4
(a) an Act in the legislative scheme; or 5
(b) another Act. 6
ART 10--TRANSITIONAL PROVISIONS 7
P
members, and chairperson and deputy chairperson, of Medical 8
First
Radiation Technologists Board of Queensland 9
232.(1) This section applies for, under the Acts Interpretation Act 1954, 10
section 17,43 appointing the following-- 11
(a) the first members of the Medical Radiation Technologists Board 12
of Queensland; 13
(b) the first chairperson or deputy chairperson of the Medical 14
Radiation Technologists Board of Queensland. 15
(2) A reference in part 2, division 2 to a general registrant is taken to be a 16
reference to a deemed general registrant. 17
(3) A reference in part 2, division 2 to a registrant member is taken to be 18
a reference to a deemed general registrant who is appointed as a member of 19
the Medical Radiation Technologists Board of Queensland under the Acts 20
Interpretation Act 1954, section 17. 21
(4) In this section-- 22
"deemed general registrant" means a person who has qualifications or 23
experience in the practice of a profession that would, in the Minister's 24
opinion, make the person eligible for registration in the profession 25
under section 233. 26
43 Acts Interpretation Act 1954, section 17 (Exercise of powers between enactment
and commencement)
s 233 136 s 233
Medical Radiation Technologists Registration
provision about registration 1
Transitional
233.(1) Subsection (2) applies to a person who-- 2
(a) holds a statement of accreditation in a profession, or equivalent 3
document, issued by the Australian Institute of Radiography or a 4
certificate of accreditation, or equivalent document, issued by the 5
Australian and New Zealand Society of Nuclear Medicine; and 6
(b) has practised in the profession to which the statement or certificate 7
relates within 5 years before the commencement of this section 8
for a period that is, or periods the total of which is, not less than 9
the equivalent of 48 weeks full-time work; and 10
(c) within 6 months after the commencement, applies for general 11
registration in the profession. 12
(2) The board must register the person in the profession, without 13
conditions, as if the person were a person eligible for general registration 14
under part 3, division 2, subdivision 2. 15
(3) Subsection (4) applies to a person who, within 6 months of the 16
commencement of this section applies for general registration in a 17
profession and the person-- 18
(a) holds a statement or certificate of accreditation in the profession, 19
or an equivalent document, mentioned in subsection (1)(a); or 20
(b) has practised in the profession within 5 years before the 21
commencement for a period that is, or periods the total of which 22
is, not less than the equivalent of 144 weeks full-time work, and 23
has a qualification, that is recognised by the board, in a profession 24
(other than the profession in which the person has practised). 25
(4) The board must register the person in the profession as if the person 26
were eligible for general registration under part 3, division 2, subdivision 2. 27
(5) Without limiting subsection (4), the board must consider whether to 28
impose conditions on the person's general registration under section 59, 29
including, for example, conditions relating to the nature and extent of the 30
person's practice of the profession or the supervision of the person's 31
practice of the profession. 32
s 234 137 s 235
Medical Radiation Technologists Registration
141 and 144 ineffective for 6 months 1
Sections
234.(1) Sections 141 and 14444 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 141 within the 6 month period. 5
provision for graduate practitioners 6
Transitional
235.(1) This section applies to a graduate practitioner who-- 7
(a) immediately before the commencement of this section, is 8
undertaking his or her professional development year; and 9
(b) from the commencement, continues to undertake his or her 10
professional development year. 11
(2)The graduate practitioner is taken, for the purposes of section 136, to 12
be a registrant while undertaking the professional development year. 13
(3) In this section-- 14
"accrediting body" means the Australian Institute of Radiography or the 15
Australian and New Zealand Society of Nuclear Medicine. 16
"graduate practitioner" means a person who-- 17
(a) is a graduate from an undergraduate medical radiation science 18
degree course accredited by an accrediting body, regardless of the 19
title of the course; or 20
(b) is assessed by an accrediting body to be the equivalent of a person 21
mentioned in paragraph (a). 22
"professional development year" means the period, the equivalent of 48 23
weeks full-time work, during which a graduate practitioner must work 24
under the guidance of another practitioner before the graduate 25
practitioner is recognised as an accredited practitioner by an accrediting 26
body. 27
44 Sections 141 (Notification of business names etc.) and 144 (Information to
appear in advertisements)
s 236 138 s 236
Medical Radiation Technologists Registration
Act has not been repealed 1
Certain
236.(1) This section applies if an Act mentioned in column 2 of the 2
following table (the "column 2 Act") has not been repealed-- 3
Table 4
column 1 column 2
Chiropractors Registration Act Chiropractors and Osteopaths Act 5
2000 1979
Dental Practitioners Registration Dental Act 1971 6
Act 2000
Dental Technicians and Dental Dental Technicians and Dental 7
Prosthetists Registration Act 2000 Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939 8
Act 2000
Occupational Therapists Occupational Therapists Act 1979 9
Registration Act 2000
Optometrists Registration Act 2000 Optometrists Act 1974
Osteopaths Registration Act 2000 Chiropractors and Osteopaths Act
1979
Pharmacists Registration Act 2000 Pharmacy Act 1976
Physiotherapists Registration Act Physiotherapists Act 1964 10
2000
Podiatrists Registration Act 2000 Podiatrists Act 1969
Psychologists Registration Act Psychologists Act 1977 11
2000
Speech Pathologists Registration Speech Pathologists Act 1979. 12
Act 2000
(2) A reference in schedule 3, definition "health practitioner registration 13
Act" to the Act mentioned in column 1 of the table shown opposite the 14
column 2 Act is taken to be a reference to the column 2 Act. 15
s 237 139 s 237
Medical Radiation Technologists Registration
ART 11--CONSEQUENTIAL AMENDMENTS OF 1
P
ACTS 2
of Acts 3
Amendment
237. Schedule 2 amends the Acts mentioned in it. 4
5
140
Medical Radiation Technologists Registration
SCHEDULE 1 1
¡
ECISIONS FOR WHICH INFORMATION NOTICES 2
D
MUST BE GIVEN 3
section 191(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 115 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
57(2) Deciding to register a person as a
general registrant on probationary
conditions, other than if section
57(6) applies
59 Deciding to register a person as a
general registrant on conditions and
deciding the review period applying
to the conditions
77 Deciding to refuse to renew a
general registration
77, as applied by section 80 Deciding to refuse to restore a
general registration
77, as applied by section 123 Deciding to refuse to renew a
special purpose registration
78 Deciding to renew a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
141
Medical Radiation Technologists Registration
SCHEDULE 1 (continued)
78, as applied by section 80 Deciding to restore a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
90 Deciding to cancel a general
registration
90, as applied by section 127 Deciding to cancel a special purpose
registration
97(1)(b)(ii) Deciding to extend probationary
conditions on a general registration
97(1)(b)(ii) and (3) Deciding to extend probationary
conditions and imposing additional
conditions on a general registration
108 Deciding to confirm or change
conditions of a general registration
and deciding the review period
applying to the conditions
120 Deciding to register a person as a
special purpose registrant on
conditions
125 Deciding to renew a special purpose
registration on conditions
132 Deciding to refuse to grant an
application for the replacement of a
certificate of registration
175(1)(c) Decision resulting in a thing being
forfeited to the State
1
142
Medical Radiation Technologists Registration
SCHEDULE 2 1
¡
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 237 3
HEALTH ACT 1937 4
´
1. Section 5(1), definition "health practitioner registration Act"-- 5
insert-- 6
`· Medical Radiation Technologists Registration Act 2000'. 7
HEALTH PRACTITIONER REGISTRATION BOARDS 8
´
(ADMINISTRATION) ACT 1999 9
1. Schedule, definition "health practitioner registration Act'-- 10
insert-- 11
`· Medical Radiation Technologists Registration Act 2000'. 12
HEALTH PRACTITIONERS (PROFESSIONAL 13
´
STANDARDS) ACT 1999 14
1. Section 39(b)-- 15
insert-- 16
`(va)a medical radiation technologists panel of assessors;'. 17
143
Medical Radiation Technologists Registration
SCHEDULE 2 (continued)
2. Schedule, definition "health practitioner registration Act"-- 1
insert-- 2
`· Medical Radiation Technologists Registration Act 2000'. 3
3. Schedule, definition "health service provider", `medical radiation 4
technologist, nuclear medicine technologist or radiographer'-- 5
omit, insert-- 6
`medical imaging technologist, nuclear medicine technologist or radiation 7
therapist'. 8
4. Schedule, definition "profession"-- 9
insert-- 10
`(ea) for a registrant registered under the Medical Radiation 11
Technologists Registration Act 2000--the medical imaging 12
technology profession, nuclear medicine technology profession or 13
radiation therapy profession;'. 14
EALTH PRACTITIONERS (SPECIAL EVENTS 15
´H
EXEMPTION) ACT 1998 16
1. Schedule, definition "health registration Act"-- 17
insert-- 18
`· Medical Radiation Technologists Registration Act 2000'. 19
144
Medical Radiation Technologists Registration
SCHEDULE 2 (continued)
HEALTH RIGHTS COMMISSION ACT 1991 1
´
1. Schedule 1, part 1, item 9, `radiographers,'-- 2
omit. 3
2. Schedule 2-- 4
insert-- 5
`4A. Medical Radiation Technologists Board of Queensland'. 6
EALTH SERVICES ACT 1991 7
´H
1. Section 63(6), definition "health practitioner registration Act"-- 8
insert-- 9
`· Medical Radiation Technologists Registration Act 2000'. 10
RADIATION SAFETY ACT 1999 11
´
1. Section 209(3)(a)-- 12
insert-- 13
`(iv) to a board established under a health practitioner registration 14
Act to enable the board to perform its functions under that 15
Act or the Health Practitioners (Professional Standards) 16
Act 1999; or'. 17
145
Medical Radiation Technologists Registration
SCHEDULE 2 (continued)
2. Schedule 2, definition "health practitioner"-- 1
omit, insert-- 2
` "health practitioner" means-- 3
(a) a person enrolled or registered as a nurse under the Nursing Act 4
1992; or 5
(b) a person registered as a chiropractor, dental prosthetist, dental 6
technician, dentist, medical practitioner, medical imaging 7
technologist, nuclear medicine technologist, occupational 8
therapist, optometrist, osteopath, pharmacist, physiotherapist, 9
podiatrist, psychologist, radiation therapist or speech pathologist 10
under a health practitioner registration Act; or 11
(c) a person practising in a health-related field who is accredited by a 12
professional body representing practitioners in the field.'. 13
3. Schedule 2, definition "health practitioner registration Act"-- 14
insert-- 15
`· Medical Radiation Technologists Registration Act 2000'. 16
146
Medical Radiation Technologists Registration
SCHEDULE 3 1
¡
DICTIONARY 2
section 8 3
"accepted representations" see section 88(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 191(1). 9
"application fee" see section 42(1)(c)(ii). 10
"approved form" means a form approved by the board. 11
"assessment report" see section 48(1). 12
"authorised person", for part 3, division 3, see section 63(1). 13
"board" means the Medical Radiation Technologists Board of Queensland. 14
"business name", of a business, means a name or style under which the 15
business is carried on. 16
"certificate of general registration" means a certificate of general 17
registration issued under part 3. 18
"certificate of provisional general registration" means a certificate of 19
provisional general registration issued under section 64(6). 20
"certificate of provisional special purpose registration" means a 21
certificate of provisional special purpose registration issued under 22
part 3, division 9. 23
"certificate of registration" means a certificate of general registration, 24
certificate of provisional general registration, certificate of special 25
purpose registration or certificate of provisional special purpose 26
registration. 27
147
Medical Radiation Technologists Registration
SCHEDULE 3 (continued)
"certificate of special purpose registration" means a certificate of special 1
purpose registration issued under part 3, division 9. 2
"certified copy", of a certificate of registration, means a copy that is 3
certified by the board as being a true copy of the certificate. 4
"chairperson" means the chairperson of the board appointed under 5
section 19(1). 6
"committee" means a committee of the board established under 7
section 33(1). 8
"convicted", of an offence, means being found guilty of the offence, on a 9
plea of guilty or otherwise, whether or not a conviction is recorded. 10
"corresponding law" means a law applying, or that applied, in another 11
State, the Commonwealth or a foreign country that provides, or 12
provided, for the same matter as-- 13
(a) a health practitioner registration Act or the Health Practitioners 14
(Professional Standards) Act 1999; or 15
(b) a provision of a health practitioner registration Act or the Health 16
Practitioners (Professional Standards) Act 1999. 17
"declaration period", for part 9, division 3, see section 221. 18
"declared event", for part 9, division 3, see section 221. 19
"deputy chairperson" means the deputy chairperson of the board 20
appointed under section 19(1). 21
"document production requirement" see section 182(5). 22
"educational institution" means a university, training institution or 23
professional college engaged in the education of persons in the practice 24
of a profession. 25
"executive officer" means the executive officer appointed under the Health 26
Practitioner Registration Boards (Administration) Act 1999. 27
"executive officer", of a corporation, means a person who is concerned 28
with, or takes part in, the corporation's management, whether or not 29
the person is a director or the person's position is given the name of 30
executive officer. 31
148
Medical Radiation Technologists Registration
SCHEDULE 3 (continued)
"facsimile warrant" see section 164(4). 1
"foreign regulatory authority" means-- 2
(a) an interstate regulatory authority; or 3
(b) an entity established under a law applying in a foreign country, 4
other than New Zealand, having functions similar to the board's 5
functions under this Act or the Health Practitioners (Professional 6
Standards) Act 1999. 7
"general registrant" means a person registered, under part 3, as a general 8
registrant, but does not include a provisional general registrant. 9
"general registration" means registration of a person as a general 10
registrant under part 3. 11
"general registration period"see section 56(1). 12
"health assessment", in relation to a person, includes-- 13
(a) a physical, medical, psychiatric or psychological examination or 14
test of the person; and 15
(b) asking questions to assess the person's mental and physical 16
health. 17
"Health Insurance Commission" means the Health Insurance 18
Commission established under the Health Insurance Commission Act 19
1973 (Cwlth), section 4. 20
"health practitioner registration Act" means any of the following Acts-- 21
· this Act 22
· Chiropractors Registration Act 2000 23
· Dental Practitioners Registration Act 2000 24
· Dental Technicians and Dental Prosthetists Registration Act 25
2000 26
· Medical Practitioners Registration Act 2000 27
· Occupational Therapists Registration Act 2000 28
· Optometrists Registration Act 2000 29
149
Medical Radiation Technologists Registration
SCHEDULE 3 (continued)
· Osteopaths Registration Act 2000 1
· Pharmacists Registration Act 2000 2
· Physiotherapists Registration Act 2000 3
· Podiatrists Registration Act 2000 4
· Psychologists Registration Act 2000 5
· Speech Pathologists Registration Act 2000. 6
"health records", for part 9, division 1, see section 213. 7
"health service" means a service for maintaining, improving or restoring 8
people's health and wellbeing. 9
"impose", a condition, includes change or confirm the condition. 10
"information notice", for a decision of the board or an inspector, is a 11
notice stating the following-- 12
(a) the decision; 13
(b) the reasons for the decision; 14
(c) that the person to whom the notice is given may appeal against the 15
decision within 28 days; 16
(d) how the person may appeal against the decision to the District 17
Court; 18
(e) if the decision is that a person be registered on conditions, other 19
than probationary conditions or additional conditions imposed 20
under section 97(3)-- 21
(i) for a general registration--the review period applying to the 22
conditions; and 23
(ii) for conditions imposed because of the person's mental and 24
physical health, the details of which it has been decided 25
under section 59(3) to record in the register--the details that 26
must be recorded in the register for the period for which the 27
conditions are in force; 28
(f) if the decision is that a person be registered on probationary 29
conditions mentioned in section 57(2)(b)-- 30
150
Medical Radiation Technologists Registration
SCHEDULE 3 (continued)
(i) the part of the supervised practice program to be completed; 1
and 2
(ii) the period in which the supervised practice program is to be 3
completed; 4
(g) if the decision is that a general registration be renewed or restored 5
on recency of practice conditions, the review period applying to 6
the conditions; 7
(h) if the decision is that a registration be cancelled, a direction to the 8
person to return the certificate of registration to the board within 9
14 days after receiving the notice; 10
(i) if the decision is that the conditions, other than probationary 11
conditions or additional conditions imposed under section 97(3), 12
imposed on a general registration be confirmed, the review period 13
applying to the confirmed conditions; 14
(j) if the decision is that the conditions, other than probationary 15
conditions or additional conditions imposed under section 97(3), 16
imposed on a general registration be changed-- 17
(i) the review period applying to the changed conditions; and 18
(ii) if the conditions were imposed because of the person's 19
mental and physical health and it is decided under 20
section 112(2) that details of the changed conditions must be 21
recorded in the register, the details that must be recorded in 22
the register for the period for which the changed conditions 23
are in force; and 24
(iii) a direction to the person to return the certificate of 25
registration to the board within 14 days after receiving the 26
notice; 27
(k) if the decision is that probationary conditions imposed on a 28
general registration be extended--the part of the supervised 29
practice program to be undertaken and the period of the extension. 30
"inspector" means a person who is appointed as an inspector under 31
section 155. 32
151
Medical Radiation Technologists Registration
SCHEDULE 3 (continued)
"interstate law", for part 9, division 3, see section 221. 1
"interstate regulatory authority" means an entity established under the 2
law of another State or New Zealand having functions similar to the 3
board's functions under this Act or the Health Practitioners 4
(Professional Standards) Act 1999. 5
"legislative scheme" see section 4. 6
"local practitioner", for part 9, division 3, see section 221. 7
"medical condition" includes substance abuse or dependence. 8
"member" means a member of the board. 9
"notice" means written notice. 10
"occupier", of a place, includes a person who reasonably appears to be an 11
occupier, or in charge, of the place. 12
"office" means the Office of Health Practitioner Registration Boards under 13
the Health Practitioner Registration Boards (Administration) Act 14
1999. 15
"original decision" see section 191(1). 16
"partial program" see section 57(2)(b)(i). 17
"participant", for part 9, division 3, see section 221. 18
"personal details requirement" see section 180(5). 19
"place" includes premises, vacant land and a vehicle. 20
"place of seizure" see section 171. 21
"possess", a health record, for part 9, division 1, see section 213. 22
"premises" includes-- 23
(a) a building or other structure; and 24
(b) a part of a building or other structure; and 25
(c) land where a building or other structure is situated. 26
"prepare", for part 9, division 3, see section 221. 27
152
Medical Radiation Technologists Registration
SCHEDULE 3 (continued)
"probationary conditions" means conditions mentioned in section 57 and 1
includes those conditions extended under section 97(1)(b)(ii). 2
"probationary registrant" means a person registered as a general 3
registrant on probationary conditions. 4
"profession" means the-- 5
(a) medical imaging technology profession; or 6
(b) nuclear medicine technology profession; or 7
(c) radiation therapy profession. 8
"professional service" means-- 9
(a) for the medical imaging technology profession--a medical 10
imaging technology service; or 11
(b) for the nuclear medicine technology profession--a nuclear 12
medicine technology service; or 13
(c) for the radiation therapy profession--a radiation therapy service. 14
"provisional general registrant" means a person registered, under 15
section 64, as a provisional general registrant. 16
"provisional general registration" means registration of a person as a 17
provisional general registrant under section 64. 18
"provisional special purpose registrant" means a person registered, 19
under part 3, division 9, as a provisional special purpose registrant. 20
"provisional special purpose registration" means registration of a person 21
as a provisional special purpose registrant under part 3, division 9. 22
"public members" see section 15(2)(b). 23
"public place" means a place that the public is entitled to use, is open to the 24
public or is used by the public (whether or not on payment of money). 25
"recency of practice conditions" see section 78(2). 26
"recency of practice requirements" see section 72. 27
"register" means the register kept under section 208. 28
"registrant" means a person registered under part 3. 29
153
Medical Radiation Technologists Registration
SCHEDULE 3 (continued)
"registrant members" see section 15(2)(a). 1
"registration" means registration under part 3. 2
"registration fee" see section 42(1)(c)(iii). 3
"relevant practical experience", in the profession, means experience 4
mentioned in section 58(1). 5
"renewable registration" means a general registration or special purpose 6
registration. 7
"restoration fee" see section 82(1)(b)(i). 8
"restricted title" means-- 9
(a) for the medical imaging technology profession--a title that 10
consists of, or includes, the words `medical imaging technologist' 11
or `radiographer'; or 12
(b) for the nuclear medicine technology profession--a title that 13
consists of, or includes, the words `nuclear medicine 14
technologist'; or 15
(c) for the radiation therapy profession--a title that consists of, or 16
includes, the words `radiation therapist'. 17
"review period", applying to conditions imposed by the board or the 18
District Court on a general registration, means the period, not more 19
than 3 years after the decision to impose the conditions takes effect, 20
within which the registrant may not apply for a review of the 21
conditions under part 3, division 8. 22
"service agreement" means an agreement made under the Health 23
Practitioner Registration Boards (Administration) Act 1999, between 24
the executive officer and the board, for the provision of administrative 25
and operational support by the office to the board. 26
"show cause notice" see section 87(1). 27
"show cause period" see section 87(2)(d). 28
"special activities" see section 114. 29
"special purpose registrant" means a person registered, under part 3, 30
division 9, as a special purpose registrant, but does not include a 31
154
Medical Radiation Technologists Registration
SCHEDULE 3 (continued)
provisional special purpose registrant. 1
"special purpose registration" means registration of a person as a special 2
purpose registrant under part 3, division 9. 3
"supervised practice program" means a program mentioned in 4
section 61(1). 5
"supervised practice report", for a probationary registrant, means a 6
report-- 7
(a) providing an assessment of the registrant's competence to practise 8
in the profession as demonstrated while undertaking a supervised 9
practice program or a partial program; and 10
(b) in the approved form, or if a form is not approved, that includes 11
the information prescribed under a regulation. 12
"supervisor", for a probationary registrant, means the general registrant 13
who-- 14
(a) is eligible under a regulation to be a supervisor; and 15
(b) has primary responsibility for the probationary registrant's 16
supervision while undertaking the supervised practice program or 17
the partial program. 18
"user", of a registrant's services, includes a person who used the services. 19
"visiting practitioner", for part 9, division 3, see section 221. 20
"warrant form" see section 164(5)(b). 21
22
© State of Queensland 2000
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