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Queensland
MEDICAL RADIATION
TECHNOLOGISTS
REGISTRATION BILL 2001
Queensland
MEDICAL RADIATION TECHNOLOGISTS
REGISTRATION BILL 2001
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
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
24 Leave of absence for a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Board business
27 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . . 28
Division 7--Annual reports
37 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 8--Other provisions about the board
38 Board is statutory body under the Financial Administration and
Audit Act 1977 ............................................ 30
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39 Board is statutory body under the Statutory Bodies Financial Arrangements
Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subdivision 2--Eligibility for general registration
43 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 32
45 Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 35
47 Appointment of appropriately qualified person to conduct health
assessment ............................................ 36
48 Report about health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 4--Decision on applications
51 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 6--Period of general registration
56 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 7--Conditions of general registration
57 Imposition of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
58 Relevant practical experience in the profession . . . . . . . . . . . . . . . . . . . . . . 42
59 Imposition of other conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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60 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 8--Provisions relating to probationary registrants
61 Supervised practice program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
62 Person ceasing to be supervisor must give report to board or nominated
entity ................................................. 45
Division 3--Provisional general registration
63 Meaning of "authorised person" for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64 Provisional general registration of person on probationary conditions. . . . . 46
65 Confirmation or cancellation of provisional general registration . . . . . . . . . 47
66 Procedure after cancellation of provisional general registration . . . . . . . . . . 48
67 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 48
68 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
69 Board decides to register provisional general registrant as a general
registrant .............................................. 48
70 Board decides to refuse to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 Deemed refusal by board to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
72 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 2--Applications for renewal of general registrations
73 Notification of imminent expiry of registration. . . . . . . . . . . . . . . . . . . . . . . 50
74 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
75 General registration taken to be in force while application is considered. . . 52
Subdivision 3--Decision on applications
76 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
77 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
78 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . . 53
79 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 5--Restoration of general registrations
80 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
81 When an application for restoration of a general registration may be
made ............................................... 55
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82 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
84 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
85 When recency of practice conditions take effect. . . . . . . . . . . . . . . . . . . . . . 56
Division 6--Cancellation of general registrations
86 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
87 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
88 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 58
89 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 58
90 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
91 Return of cancelled certificate of general registration to board . . . . . . . . . . 58
Division 7--Reviewing probationary conditions on general registrations
92 Review of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
93 Registrant to give notice about completion of program to board . . . . . . . . . 59
94 Board to give notice to supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
95 Entity to give board supervised practice report . . . . . . . . . . . . . . . . . . . . . . . 60
96 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
97 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
98 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
99 Failure by board to make decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
100 When additional conditions end . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
101 Amending or replacing certificates of general registration . . . . . . . . . . . . . . 63
Division 8--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or District
Court
102 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
103 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
104 Review of conditions during review period. . . . . . . . . . . . . . . . . . . . . . . . . . 65
105 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
106 Application of ss 4750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
107 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
108 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
109 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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110 Failure by board to make decision on application. . . . . . . . . . . . . . . . . . . . . 68
111 Failure by board to make decision on review agreed to under s 104 . . . . . . 69
112 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 70
Subdivision 2--Recording change, or removal, of conditions
113 Amendment of, or replacing, certificates of general registration . . . . . . . . . 70
Division 9--Special purpose registrations
Subdivision 1--Applications for special purpose registration
114 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 71
115 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
116 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
117 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 72
118 Suitability to be a special purpose registrant. . . . . . . . . . . . . . . . . . . . . . . . . 73
119 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
120 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
121 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
122 Provisional special purpose registration of a person . . . . . . . . . . . . . . . . . . . 74
Subdivision 2--Renewal of special purpose registrations
123 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
124 Matters that may be considered in deciding whether to renew special
purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
125 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
126 Period of renewed special purpose registration. . . . . . . . . . . . . . . . . . . . . . . 76
Subdivision 3--Cancellation of special purpose registrations
127 Application of div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
128 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Subdivision 4--Removal of conditions
129 Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 10--General provisions about registrations
130 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 78
131 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
132 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 79
133 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 79
134 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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135 Notification of certain events to interstate regulatory authorities and other
entities ................................................. 80
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
136 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
137 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
138 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 84
139 Restrictions on special purpose registrants, provisional general registrants
and provisional special purpose registrants. . . . . . . . . . . . . . . . . . . . . . . . . . 84
140 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 85
Division 2--Notification of business names and other details
141 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
142 Notification of change in business names etc.. . . . . . . . . . . . . . . . . . . . . . . . 86
Division 3--Advertising
143 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
144 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 4--Registrants' autonomy
145 Aiding, abetting etc. conduct that is a ground for disciplinary action. . . . . . 88
Division 5--Court orders and injunctions
146 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 89
147 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 6--Reprisals
148 Reprisal and grounds for reprisals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
149 Offence for taking reprisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
150 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 7--Other provisions
151 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . . 93
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
152 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
153 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
154 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
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Division 2--Appointment of inspectors and other matters
155 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
156 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
157 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
158 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
159 Production or display of inspector's identity card. . . . . . . . . . . . . . . . . . . . . 95
Division 3--Powers of inspectors
Subdivision 1--Entry of places
160 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Subdivision 2--Procedure for entry
161 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
162 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
163 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
164 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
165 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Subdivision 3--Powers after entry
166 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
167 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
168 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Subdivision 4--Power to seize evidence
169 Seizing evidence at a place that may be entered without consent or
warrant .............................................. 101
170 Seizing evidence at a place that may only be entered with consent or
warrant .............................................. 101
171 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
172 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
173 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
174 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
175 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
176 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
177 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
178 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
179 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
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Medical Radiation Technologists Registration Bill 2001
Subdivision 5--Power to obtain information
180 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
181 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
182 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 107
183 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
184 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 4--General enforcement matters
185 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
186 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
187 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
188 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
189 Obstructing inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
190 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
PART 6--APPEALS
191 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
192 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
193 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
194 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
195 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
196 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
197 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
198 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
199 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 2--Proceedings
200 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
201 Proceedings for indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
202 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 115
203 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 115
204 Allegations of false or misleading information or documents . . . . . . . . . . . 116
205 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
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Medical Radiation Technologists Registration Bill 2001
206 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 116
207 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 117
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
208 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
209 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Division 2--Records to be kept
210 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 3--Information
211 Confidentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
212 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 120
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
213 Definitions for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
214 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 121
215 Health records forming part of deceased estate. . . . . . . . . . . . . . . . . . . . . . . 122
216 Health records of persons convicted of an offence against s 136(1) or (6)
or 137 ............................................... 122
217 Dealing with certain health records seized under s 169 or 170. . . . . . . . . . . 122
218 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
219 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 2--Continuing professional education of registrants
220 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 3--Declared events
221 Definitions for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
222 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
223 Deemed general registration of visiting practitioners . . . . . . . . . . . . . . . . . . 125
Division 4--Other provisions
224 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
225 Protection for persons supervising probationary registrants . . . . . . . . . . . . . 126
226 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 127
227 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 127
228 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
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Medical Radiation Technologists Registration Bill 2001
229 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
230 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
231 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
PART 10--TRANSITIONAL PROVISIONS
232 First members, and chairperson and deputy chairperson, of Medical
Radiation Technologists Board of Queensland . . . . . . . . . . . . . . . . . . . . . . . 129
233 Transitional provision about registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
234 Sections 141 and 144 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 131
235 Transitional provision for graduate practitioners . . . . . . . . . . . . . . . . . . . . . 131
236 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
PART 11--CONSEQUENTIAL AMENDMENTS OF ACTS
237 Amendment of Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 134
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 136
CONSEQUENTIAL AMENDMENTS OF ACTS
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000 . . . 136
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 ............................................ 137
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 ............................................ 138
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 138
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 140
DICTIONARY
2001
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
Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Medical Radiation Technologists 5
Registration Act 2001. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Division 2--Operation of Act 9
3 Act binds all persons 10
(1) This Act binds all persons, including the State. 11
(2) Nothing in this Act makes the State liable to be prosecuted for an 12
offence. 13
4 The legislative scheme 14
This Act is part of a legislative scheme (the "legislative scheme") 15
consisting of the health practitioner registration Acts, the Health 16
Practitioner Registration Boards (Administration) Act 1999 and the Health 17
Practitioners (Professional Standards) Act 1999. 18
5 Board's decisions to accord with decisions of certain bodies under 19
the Health Practitioners (Professional Standards) Act 1999 20
(1) This section applies if the board is making-- 21
(a) a decision on an application for registration; or 22
s6 15 s7
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(b) a decision, under this Act, affecting a registrant's registration. 1
(2) The decision must comply with, and be consistent with, any decision 2
of the board, a disciplinary committee, a professional conduct review 3
panel, the Health Practitioners Tribunal or the Court of Appeal, affecting 4
the applicant or registration, under the Health Practitioners (Professional 5
Standards) Act 1999. 6
6 Mutual recognition legislation not affected 7
This Act does not affect the operation of the Mutual Recognition 8
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 9
(Queensland) Act 1999. 10
Division 3--Objects 11
7 Objects of Act 12
(1) The objects of this Act are-- 13
(a) to protect the public by ensuring health care is delivered by 14
registrants in a professional, safe and competent way; and 15
(b) to uphold the standards of practice within the professions; and 16
(c) to maintain public confidence in the professions. 17
(2) The objects are to be achieved mainly by-- 18
(a) establishing the Medical Radiation Technologists Board of 19
Queensland; and 20
(b) providing for the registration of persons under this Act; and 21
(c) imposing obligations on persons in relation to the practice of the 22
professions; and 23
(d) providing for compliance with this Act to be monitored and 24
enforced. 25
s8 16 s 11
Medical Radiation Technologists Registration
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Division 4--Interpretation 1
8 Definitions 2
The dictionary in schedule 3 defines particular words used in this Act. 3
PART 2--MEDICAL RADIATION TECHNOLOGISTS 4
BOARD OF QUEENSLAND 5
Division 1--Establishment and functions 6
9 Establishment of board 7
(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
10 Board's relationship with the State 14
The board does not represent the State. 15
11 Functions of board 16
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
(d) to keep a register of, and records relating to, registrants; 22
s 11 17 s 11
Medical Radiation Technologists Registration
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(e) to promote high standards of practice of the professions by 1
registrants; 2
(f) to develop or adopt programs for the continuing professional 3
education of registrants, and encourage their participation in the 4
programs; 5
(g) to develop or adopt training programs in the practice of the 6
professions that are relevant to a person's eligibility for 7
registration; 8
9
Example of `training programs'--
10
Refresher courses for persons who have not practised a profession for a
11
number of years.
(h) to confer and cooperate with interstate regulatory authorities; 12
(i) to confer and cooperate with entities engaged in the development 13
of national policies about the regulation of the professions; 14
(j) to confer and cooperate with the following entities about the 15
education of persons in the practice of the professions-- 16
(i) educational institutions; 17
(ii) entities responsible for accrediting courses, or accrediting 18
institutions to educate persons, for the profession; 19
(k) to inform registrants and the public about the operation of the 20
legislative scheme in its application to the professions; 21
(l) to examine, and advise the Minister about, the operation of the 22
legislative scheme in its application to the professions; 23
(m) to monitor, and enforce, compliance with this Act; 24
(n) to undertake research, relevant to the legislative scheme, into the 25
regulation of the professions; 26
(o) to collect, and give to persons, information about the practice of 27
the professions by registrants; 28
29
Example of `information about the practice of the professions by
30
registrants'--
31
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 32
another Act. 33
s 12 18 s 14
Medical Radiation Technologists Registration
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1
Example for paragraph (p)--
2
Under the Health Practitioners (Professional Standards) Act 1999,
3
section 374, the board may develop codes of practice, or adopt another
4
entity's code of practice, to provide guidance to registrants as to
5
appropriate professional conduct or practice.
12 Board's independence etc. 6
In performing its functions, the board is to act independently, impartially 7
and in the public interest. 8
13 Powers of board 9
(1) The board has all the powers of an individual, and may, for 10
example-- 11
(a) enter into contracts; and 12
(b) enter into service agreements; and 13
(c) acquire, hold, dispose of, and deal with, property; and 14
(d) appoint agents and attorneys; and 15
(e) engage consultants; and 16
(f) fix charges, and other terms, for services and other facilities it 17
supplies; and 18
(g) do anything else necessary or convenient to be done for, or in 19
connection with, its functions. 20
(2) This section does not authorise the board to obtain administrative and 21
operational support other than as required by the Health Practitioner 22
Registration Boards (Administration) Act 1999. 23
(3) Without limiting subsection (1), the board has the powers given to it 24
under this or another Act. 25
(4) The board may exercise its powers inside or outside Queensland. 26
(5) Without limiting subsection (4), the board may exercise its powers 27
outside Australia. 28
14 Delegation by board 29
(1) The board may delegate its powers under this Act to-- 30
s 15 19 s 15
Medical Radiation Technologists Registration
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(a) a member; or 1
(b) a committee of the board consisting of appropriately qualified 2
persons, 1 of whom must be a member; or 3
(c) the executive officer; or 4
(d) with the agreement of the executive officer--an appropriately 5
qualified member of the office's staff. 6
(2) However, the board may not delegate its power under this Act-- 7
(a) to decide to register, or refuse to register, an applicant for 8
registration; or 9
(b) to decide to refuse to renew a renewable registration; or 10
(c) to decide to refuse to restore a renewable registration; or 11
(d) to decide to cancel a registration; or 12
(e) to decide to impose, or remove, conditions on a registration; or 13
(f) to enter into a service agreement. 14
(3) In this section-- 15
"appropriately qualified" includes having the qualifications, experience 16
or standing appropriate to exercise the power. 17
18
Example of `standing' for a member of the office's staff--
19
The staff member's classification level in the office.
Division 2--Membership 20
15 Membership of board 21
(1) The board consists of at least 7, but not more than 11, members 22
appointed by the Governor in Council. 23
(2) The board must include-- 24
(a) persons who are general registrants (the "registrant members"); 25
and 26
(b) persons (the "public members") having an interest in, and 27
knowledge of, consumer health issues who are not, and have not 28
been-- 29
s 16 20 s 16
Medical Radiation Technologists Registration
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(i) registered under a health practitioner registration Act or an 1
earlier corresponding Act; or 2
(ii) registered or enrolled under the Nursing Act 1992 or an 3
earlier corresponding Act; or 4
(iii) registered or enrolled under a law applying, or that applied, 5
in another State or foreign country that provides, or 6
provided, for the same matter as a health practitioner 7
registration Act or the Nursing Act 1992 or a provision of 8
the Act; and 9
(c) 1 lawyer nominated by the Minister. 10
(3) Also, the Minister may nominate persons who do not belong to the 11
categories of persons mentioned in subsection (2) to be members. 12
(4) Also, the registrant members must consist of at least 1 general 13
registrant from each profession. 14
(5) A majority of the members must be registrant members. 15
(6) In this section-- 16
"earlier corresponding Act", in relation to a health practitioner 17
registration Act, means an earlier Act that provided for the same 18
matter as the health practitioner registration Act or a provision of the 19
health practitioner registration Act. 20
"earlier corresponding Act", in relation to the Nursing Act 1992, means 21
an earlier Act that provided for the same matter as the Nursing Act 22
1992 or a provision of the Nursing Act 1992. 23
16 Registrant members 24
The registrant members must consist of-- 25
(a) at least 2 general registrants nominated by the bodies the 26
Minister considers represent the interests of registrants; and 27
(b) if there are educational institutions established in the 28
State--1 general registrant nominated by the governing bodies of 29
the institutions chosen by the Minister; and 30
(c) at least 1 general registrant nominated by the Minister. 31
s 17 21 s 18
Medical Radiation Technologists Registration
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17 Public members 1
The public members must consist of-- 2
(a) at least 1 person nominated by community groups and other 3
entities the Minister considers have an interest in consumer 4
health issues; and 5
(b) at least 1 other person nominated by the Minister. 6
18 Certain nominee board members 7
(1) This section applies for the nomination of a person or persons for a 8
position or positions on the board under section 16(a) or (b) or 17(a). 9
(2) The Minister must give the entities who may make the nomination 10
notice stating a reasonable period within which they may nominate the 11
person or persons for the position or positions. 12
(3) The Minister may in the notice ask the entities to nominate more than 13
the required number of persons for the position or positions. 14
(4) Subject to subsections (5) and (6), if the entities nominate more than 15
the required number of persons for the position or positions-- 16
(a) the Minister must choose the nominee or nominees for the 17
position or positions from the nominations; and 18
(b) the person or persons chosen are taken to be the nominee or 19
nominees, under the relevant provision mentioned in 20
subsection (1), for the position or positions. 21
(5) Subsection (6) applies if-- 22
(a) the entities do not nominate a person or persons for the position 23
or positions within the period stated in the notice; or 24
(b) the entities nominate a number of persons for the position or 25
positions that is less than the number requested by the Minister 26
under subsection (3); or 27
(c) the person or any of the persons nominated by the entities are not 28
eligible to be appointed to the position or positions concerned. 29
(6) The Minister must nominate a person or persons eligible to be 30
appointed to the position or positions and the nomination or nominations 31
are taken to have been made by the entities. 32
s 19 22 s 21
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(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 1
nomination under subsection (6) may be of, or include, a person or persons 2
nominated by the entities. 3
19 Chairperson and deputy chairperson of board 4
(1) The Governor in Council is to appoint a registrant member to be the 5
chairperson, and another registrant member to be the deputy chairperson, 6
of the board. 7
(2) A person may be appointed as the chairperson or deputy chairperson 8
at the same time the person is appointed as a member. 9
(3) The chairperson or deputy chairperson holds office for the term 10
decided by the Governor in Council, unless the person's term of office as a 11
member ends sooner than the person's term of office as chairperson or 12
deputy chairperson. 13
(4) A vacancy occurs in the office of chairperson or deputy chairperson 14
if the person holding the office resigns the office by signed notice of 15
resignation given to the Minister or ceases to be a registrant member. 16
(5) However, a person resigning the office of chairperson or deputy 17
chairperson may continue to be a member. 18
(6) The deputy chairperson is to act as chairperson-- 19
(a) during a vacancy in the office of chairperson; and 20
(b) during all periods when the chairperson is absent from duty or, 21
for another reason, can not perform the functions of the office. 22
20 Term of appointment 23
A member is to be appointed for a term of not more than 4 years. 24
21 Disqualification from membership 25
(1) A person can not become, or continue as, a member if the person-- 26
(a) is affected by bankruptcy action; or 27
(b) is, or has been, convicted of an indictable offence; or 28
(c) is, or has been, convicted of an offence against this Act. 29
s 22 23 s 23
Medical Radiation Technologists Registration
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(2) For subsection (1)(a), a person is affected by bankruptcy action if the 1
person-- 2
(a) is bankrupt; or 3
(b) has compounded with creditors; or 4
(c) as a debtor, has otherwise taken, or applied to take, advantage of 5
any law about bankruptcy. 6
22 Vacation of office 7
(1) A member is taken to have vacated office if the member-- 8
(a) resigns his or her position on the board by signed notice of 9
resignation given to the Minister; or 10
(b) can not continue as a member under section 21; or 11
(c) is absent without the board's permission from 3 consecutive 12
meetings of the board of which due notice has been given. 13
(2) Also, a member is taken to have vacated office in any of the 14
following circumstances-- 15
(a) if the member is a registrant member--the member stops being a 16
general registrant; 17
(b) if the member is a public member--the member stops being a 18
person mentioned in section 15(2)(b); 19
(c) if the member was nominated, for membership of the board, 20
under section 15(2)(c)--the member stops being a lawyer. 21
(3) In this section-- 22
"meeting" means the following-- 23
(a) if the member does not attend--a meeting with a quorum 24
present; 25
(b) if the member attends--a meeting with or without a quorum 26
present. 27
23 When notice of resignation takes effect 28
A notice of resignation under section 19(4) or 22(1)(a) takes effect when 29
the notice is given to the Minister or, if a later time is stated in the notice, 30
the later time. 31
s 24 24 s 27
Medical Radiation Technologists Registration
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24 Leave of absence for a member 1
(1) The Minister may approve a leave of absence for a member (the 2
"approved absent member") of more than 3 months. 3
(2) The Minister may appoint another person to act in the office of the 4
approved absent member while the member is absent on the approved 5
leave. 6
(3) A person appointed under subsection (2) must belong to the same 7
category of persons mentioned in section 15(2) or (3) to which the 8
approved absent member belongs. 9
(4) If the approved absent member is the deputy chairperson, the 10
Minister may appoint another registrant member to act in the deputy 11
chairperson's office while the deputy chairperson is absent on the approved 12
leave. 13
25 Effect of vacancy in membership of board 14
(1) Subsection (2) applies despite sections 15 to 17.1 15
(2) The performance of a function, or exercise of a power, by the board 16
is not affected merely because of a vacancy in the membership of the 17
board. 18
26 Remuneration of members 19
A member is entitled to be paid the fees and allowances decided by the 20
Governor in Council. 21
Division 3--Board business 22
27 Conduct of business 23
Subject to this division, the board may conduct its business, including its 24
meetings, in the way it considers appropriate. 25
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 28 25 s 31
Medical Radiation Technologists Registration
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28 Times and places of meetings 1
(1) Board meetings are to be held at the times and places the chairperson 2
decides. 3
(2) However, the chairperson must call a meeting if asked, in writing, to 4
do so by the Minister or at least the number of members forming a quorum 5
for the board. 6
29 Quorum 7
A quorum for the board is the number equal to one-half of the number of 8
its members or, if one-half is not a whole number, the next highest whole 9
number. 10
30 Presiding at meetings 11
(1) The chairperson is to preside at all meetings of the board at which the 12
chairperson is present. 13
(2) If the chairperson is absent from a board meeting, but the deputy 14
chairperson is present, the deputy chairperson is to preside. 15
(3) If the chairperson and deputy chairperson are both absent from a 16
board meeting or the offices are vacant, a registrant member chosen by the 17
members present is to preside. 18
31 Conduct of meetings 19
(1) A question at a board meeting is decided by a majority of the votes of 20
the members present. 21
(2) Each member present at the meeting has a vote on each question to 22
be decided and, if the votes are equal, the member presiding also has a 23
casting vote. 24
(3) A member present at the meeting who abstains from voting is taken 25
to have voted for the negative. 26
(4) The board may hold meetings, or allow members to take part in its 27
meetings, by using any technology allowing reasonably contemporaneous 28
and continuous communication between members taking part in the 29
meeting. 30
s 32 26 s 33
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1
Example of `technology allowing reasonably contemporaneous and continuous
2
communication'--
3
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 4
taken to be present at the meeting. 5
(6) A resolution is validly made by the board, even if it is not passed at a 6
board meeting, if-- 7
(a) a majority of the board members gives written agreement to the 8
resolution; and 9
(b) notice of the resolution is given under procedures approved by 10
the board. 11
32 Minutes 12
(1) The board must keep-- 13
(a) minutes of its meetings; and 14
(b) a record of any resolutions made under section 31(6). 15
(2) Subsection (3) applies if a resolution is passed at a board meeting by 16
a majority of the members present. 17
(3) If asked by a member who voted against the passing of the 18
resolution, the board must record in the minutes of the meeting that the 19
member voted against the resolution. 20
Division 4--Board committees 21
33 Committees 22
(1) The board may establish committees of the board for effectively and 23
efficiently performing its functions. 24
(2) A committee may include a person who is not a member of the 25
board. 26
(3) The board is to decide the terms of reference of a committee. 27
(4) The functions of a committee are to-- 28
s 34 27 s 35
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(a) advise and make recommendations to the board about matters, 1
within the scope of the board's functions, referred by the board to 2
the committee; and 3
(b) exercise powers delegated to it by the board.2 4
(5) A committee must keep a record of the decisions it makes when 5
exercising a power delegated to it by the board. 6
(6) The board may decide matters about a committee that are not 7
provided for under this Act, including, for example, the way a committee 8
must conduct meetings. 9
34 Remuneration of committee members 10
A committee member is entitled to be paid the fees and allowances 11
decided by the Governor in Council. 12
Division 5--Disclosure of interests by board members and committee 13
members 14
35 Disclosure of interests 15
(1) This section applies to a board or committee member (the 16
"interested person") if-- 17
(a) the interested person has a direct or indirect interest in an issue 18
being considered, or about to be considered, by the board or 19
committee; and 20
(b) the interest could conflict with the proper performance of the 21
person's duties about the consideration of the issue. 22
(2) As soon as practicable after the relevant facts come to the interested 23
person's knowledge, the person must disclose the nature of the interest to a 24
board or committee meeting. 25
(3) Unless the board or committee otherwise directs, the interested 26
person must not-- 27
(a) be present when the board or committee considers the issue; or 28
(b) take part in a decision of the board or committee about the issue. 29
2 See section 14 for the board's power of delegation.
s 36 28 s 36
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(4) The interested person must not be present when the board or 1
committee is considering whether to give a direction under subsection (3). 2
(5) If there is another person who must, under subsection (2), also 3
disclose an interest in the issue, the other person must not-- 4
(a) be present when the board or committee is considering whether 5
to give a direction under subsection (3) about the interested 6
person; or 7
(b) take part in making the decision about giving the direction. 8
(6) If-- 9
(a) because of this section, a board or committee member is not 10
present at a board or committee meeting for considering or 11
deciding an issue, or for considering or deciding whether to give 12
a direction under subsection (3); and 13
(b) there would be a quorum if the member were present; 14
the remaining persons present are a quorum of the board or committee for 15
considering or deciding the issue, or for considering or deciding whether to 16
give the direction, at the meeting. 17
(7) A disclosure under subsection (2) must be recorded in the board's or 18
committee's minutes. 19
(8) If the interested person is a registrant member, the person does not 20
have a direct or indirect interest in an issue if the interest arises merely 21
because the person is a registrant. 22
Division 6--Directions by Minister 23
36 Minister's power to give directions in the public interest 24
(1) The Minister may give the board a written direction about a matter 25
relevant to the performance of its functions under this Act if the Minister is 26
satisfied it is necessary to give the direction in the public interest. 27
(2) Without limiting subsection (1), the direction may be to-- 28
(a) give reports and information; or 29
(b) apply to the board a policy, standard or other instrument applying 30
to a public sector unit. 31
(3) The direction can not be about-- 32
s 37 29 s 37
Medical Radiation Technologists Registration
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(a) the registering of, or refusal to register, an applicant for 1
registration; or 2
(b) the renewing of, or refusal to renew, a renewable registration; or 3
(c) the restoring of, or refusal to restore, a renewable registration; or 4
(d) the cancelling of a registration; or 5
(e) the imposing, or removal, of conditions on a registration. 6
(4) Despite section 12,3 the board must comply with the direction. 7
Division 7--Annual reports 8
37 Matters to be included in annual report 9
(1) The board's annual report under the Financial Administration and 10
Audit Act 1977 for a financial year must include the following-- 11
(a) copies of all ministerial directions given to the board under 12
section 36 during the financial year; 13
(b) the number of registrants at the end of the financial year; 14
(c) details of the amount of the board's funds spent, in the financial 15
year, on investigations and inspections under part 5;4 16
(d) details of the amount of the board's funds spent, in the financial 17
year, on developing or adopting training programs in the practice 18
of the professions that are relevant to a person's eligibility for 19
registration; 20
(e) details of the amount of the board's funds spent in the financial 21
year on research, relevant to the legislative scheme, into the 22
regulation of the professions; 23
(f) details of any policies or programs developed, or initiatives 24
taken, by the board in the financial year for the general benefit of 25
users of registrants' services. 26
(2) However, the board must exclude from the copies mentioned in 27
subsection (1)(a) all information likely to identify a person mentioned in 28
the direction. 29
3 Section 12 (Board's independence etc.)
4 Part 5 (Investigation and enforcement)
s 38 30 s 41
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Division 8--Other provisions about the board 1
38 Board is statutory body under the Financial Administration and 2
Audit Act 1977 3
The board is a statutory body under the Financial Administration and 4
Audit Act 1977. 5
39 Board is statutory body under the Statutory Bodies Financial 6
Arrangements Act 1982 7
(1) The board is a statutory body under the Statutory Bodies Financial 8
Arrangements Act 1982. 9
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 10
sets out the way in which the board's powers under this Act are affected by 11
the Statutory Bodies Financial Arrangements Act 1982. 12
40 Board's common seal 13
The board's common seal is to be kept in the custody of a person 14
nominated by the board and may be used only as authorised by the board. 15
PART 3--REGISTRATION 16
Division 1--Preliminary 17
41 Who may apply for registration 18
Only an individual may apply for registration. 19
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 42 31 s 43
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Division 2--Applications for general registration 1
Subdivision 1--Applications 2
42 Procedural requirements for applications 3
(1) An application for general registration in a profession must-- 4
(a) be made to the board; and 5
(b) be in the approved form; and 6
(c) be accompanied by-- 7
(i) satisfactory evidence of relevant qualifications in the 8
profession; and 9
(ii) the application fee prescribed under a regulation (the 10
"application fee"); and 11
(iii) the registration fee prescribed under a regulation (the 12
"registration fee"); and 13
(iv) any other documents, identified in the approved form, the 14
board reasonably requires; and 15
(v) if the applicant is registered under a corresponding law in 16
the profession, written details of any conditions of the 17
registration. 18
(2) Information in the application must, if the approved form requires, be 19
verified by a statutory declaration. 20
Subdivision 2--Eligibility for general registration 21
43 Eligibility 22
(1) An applicant for general registration in a profession is eligible for 23
general registration in the profession if-- 24
(a) the applicant is qualified for general registration in the profession 25
under section 44; and 26
(b) the applicant is fit to practise the profession. 27
s 44 32 s 44
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(2) Without limiting subsection (1), the board may be satisfied the 1
applicant is eligible for general registration in the profession by imposing 2
conditions on the registration under section 59.6 3
(3) Also, section 577 states when an applicant's general registration must 4
be subject to probationary conditions. 5
44 When applicant is qualified for general registration 6
(1) An applicant for general registration in a profession is qualified for 7
general registration in the profession if-- 8
(a) the applicant has a qualification in the profession prescribed 9
under a regulation; or 10
(b) the applicant has a qualification in the profession that is 11
substantially equivalent to, or based on similar competencies to 12
that required for, a current Australian or New Zealand 13
qualification; or 14
(c) the applicant has passed a qualifying examination in the 15
profession set by or for, or recognised by, the board. 16
(2) In deciding whether subsection (1)(b) is satisfied, the board may 17
have regard to the following-- 18
(a) the advice and recommendations of-- 19
(i) an entity recognised by the board as competent to assess 20
qualifications in the profession; or 21
(ii) an entity responsible for accrediting courses, or accrediting 22
institutions to educate persons, for the profession; 23
(b) the attributes of the course leading to the applicant's 24
qualification; 25
26
Example of `attributes' of a course--
27
The course objectives and competencies.
(c) any other relevant issue. 28
(3) In this section-- 29
6 Section 59 (Imposition of other conditions by board)
7 Section 57 (Imposition of probationary conditions)
s 45 33 s 45
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"current Australian or New Zealand qualification", in a profession, 1
means an Australian or New Zealand qualification in the profession, 2
mentioned in a regulation made under subsection (1)(a), that may be 3
conferred or awarded as a result of the successful completion of a 4
course offered, at the date of the applicant's application for general 5
registration, by the educational institution mentioned in relation to the 6
qualification. 7
45 Fitness to practise the profession 8
(1) In deciding whether an applicant for general registration in a 9
profession is fit to practise the profession, the board may have regard to the 10
following-- 11
(a) the applicant's mental and physical health; 12
(b) the applicant's command of the English language; 13
(c) whether the applicant has been convicted of an indictable 14
offence; 15
(d) whether the applicant has been convicted of an offence against 16
this Act, the Health Practitioners (Professional Standards) Act 17
1999 or a corresponding law; 18
(e) whether the applicant has been convicted of an offence, relating 19
to the practice of the profession, against a law applying, or that 20
applied, in the State, the Commonwealth, another State or a 21
foreign country (other than laws mentioned in paragraph (d)), 22
including, for example an offence of that type against-- 23
(i) the Radiation Safety Act 1999; or 24
(ii) the Health Act 1937; or 25
(iii) the Fair Trading Act 1989; 26
(f) if the applicant has been registered under this Act in the 27
profession or is, or has been, registered under a corresponding 28
law in the profession and the registration was affected-- 29
(i) by the imposition of a condition--the nature of the 30
condition and the reason for its imposition; or 31
(ii) by its suspension or cancellation--the reason for its 32
suspension or cancellation; or 33
s 45 34 s 45
Medical Radiation Technologists Registration
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(iii) in another way--the way it was affected and the reason for 1
it being affected; 2
(g) for an applicant who holds, or has held, a licence, certificate or 3
approval under the Radiation Safety Act 1999-- 4
(i) if the licence, certificate or approval was affected by the 5
imposition of a condition--the nature of the condition and 6
the reason for its imposition; or 7
(ii) if the licence, certificate or approval was affected by its 8
suspension or cancellation--the reason for the suspension 9
or cancellation; 10
(h) if the qualification relied on by the applicant to obtain 11
registration was conferred or awarded on a day (the 12
"qualification day") that is more than 3 years before the date of 13
application, the nature, extent and period of any practice of the 14
profession by the applicant since the qualification day; 15
(i) any other issue relevant to the applicant's ability to competently 16
and safely practise the profession. 17
(2) In subsection (1)(c), (d) or (e), mention of a conviction does not 18
include a conviction that is not part of the applicant's criminal history. 19
(3) For subsection (1)(h)-- 20
(a) the passing of an examination mentioned in section 44(1)(c) is 21
taken to be a qualification; and 22
(b) the day the examination was passed is taken to be the 23
qualification day. 24
(4) The board may ask the commissioner of the police service for a 25
written report about an applicant's criminal history. 26
(5) If asked by the board, the commissioner of the police service must 27
give the board a written report about the criminal history of the applicant, 28
including the criminal history in the commissioner's possession or to 29
which the commissioner has access. 30
(6) In this section-- 31
"criminal history", of an applicant, means the applicant's criminal history 32
as defined under the Criminal Law (Rehabilitation of Offenders) Act 33
1986, other than convictions for which the rehabilitation period has 34
expired, and not been revived, under that Act. 35
s 46 35 s 46
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Subdivision 3--Inquiries into applications 1
46 Board's powers before deciding applications 2
(1) Before deciding the application, the board-- 3
(a) may investigate the applicant; and 4
(b) may, by notice given to the applicant, require the applicant to 5
give the board, within a reasonable time of at least 30 days stated 6
in the notice, further information or a document the board 7
reasonably requires to decide the application; and 8
(c) may, by notice given to the applicant, require the applicant to 9
undergo a written, oral or practical examination within a 10
reasonable time of at least 30 days stated in the notice, and at a 11
reasonable place; and 12
(d) may, by notice given to the applicant, require the applicant to 13
undergo a health assessment within a reasonable time of at least 14
30 days stated in the notice, and at a reasonable place. 15
(2) The board may require the information or document mentioned in 16
subsection (1)(b) to be verified by a statutory declaration. 17
(3) The purpose of an examination under subsection (1)(c) must be to 18
assess the applicant's ability to competently and safely practise the 19
profession to which the application relates. 20
(4) The purpose of an assessment under subsection (1)(d) must be to 21
assess the applicant's mental and physical capacity to competently and 22
safely practise the profession to which the application relates. 23
(5) The applicant is taken to have withdrawn the application if, within 24
the stated time, the applicant-- 25
(a) does not comply with a requirement under subsection (1)(b); or 26
(b) does not undergo an examination under subsection (1)(c); or 27
(c) does not undergo an assessment under subsection (1)(d). 28
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 29
applicant within 60 days after the board receives the application. 30
(7) Also, a notice under subsection (1)(d) must state-- 31
(a) the reason for the assessment; and 32
s 47 36 s 48
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(b) the name and qualifications of the person appointed by the board 1
to conduct the assessment; and 2
(c) the place where, and the day and time at which, the assessment is 3
to be conducted. 4
47 Appointment of appropriately qualified person to conduct health 5
assessment 6
(1) This section applies if the board believes it is necessary for the 7
applicant to undergo a health assessment under section 46(1)(d). 8
(2) The board may appoint 1 or more appropriately qualified persons to 9
conduct the assessment, in whole or part. 10
(3) At least 1 of the persons appointed to conduct the assessment must be 11
a medical practitioner. 12
(4) Before appointing a person to conduct a health assessment, the board 13
must be satisfied the person does not have a personal or professional 14
connection with the applicant that may prejudice the way in which the 15
person conducts the assessment. 16
(5) In this section-- 17
"appropriately qualified", for a medical practitioner or other person 18
conducting a health assessment, includes having the qualifications, 19
experience, skills or knowledge appropriate to conduct the 20
assessment. 21
48 Report about health assessment 22
(1) A person appointed under section 47 to conduct all or part of a health 23
assessment of the applicant must prepare a report about the assessment (an 24
"assessment report"). 25
(2) The assessment report must include-- 26
(a) the person's findings as to the applicant's mental and physical 27
capacity to competently and safely practise the profession to 28
which the applicant's application relates; and 29
(b) if the person finds the applicant does not have the mental and 30
physical capacity to practise the profession, the person's 31
recommendations as to any conditions that could be imposed on 32
s 49 37 s 50
Medical Radiation Technologists Registration
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the applicant's registration as a general registrant in the 1
profession to overcome the incapacity. 2
(3) The person must give the assessment report to the board. 3
49 Use of assessment report 4
(1) An assessment report is not admissible in any proceedings, other 5
than stated proceedings. 6
(2) A person can not be compelled to produce the report, or to give 7
evidence relating to the report or its contents, in any proceedings, other 8
than stated proceedings. 9
(3) Subsections (1) and (2) do not apply if the report is admitted or 10
produced, or evidence relating to the report or its contents is given, with the 11
consent of the person who prepared the report and the person to whom the 12
report relates. 13
(4) In this section-- 14
"assessment report" includes a copy of the report, or a part of the report 15
or copy. 16
"proceedings under the Health Practitioners (Professional Standards) 17
Act 1999" includes a health assessment of a registrant by a health 18
assessment committee under that Act. 19
"stated proceedings" means-- 20
(a) a review of conditions under division 8;8 or 21
(b) an appeal started under part 6;9 or 22
(c) proceedings under the Health Practitioners (Professional 23
Standards) Act 1999, not including proceedings for an offence 24
against that Act. 25
50 Payment for health assessments and reports 26
A person who conducts a health assessment and prepares an assessment 27
report for the board is entitled to be paid for his or her work by the board. 28
8 Division 8 (Reviewing conditions of general registrations)
9 Part 6 (Appeals)
s 51 38 s 53
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Subdivision 4--Decision on applications 1
51 Decision 2
The board must consider the application and decide to register, or refuse 3
to register, the applicant as a general registrant in the profession to which 4
the application relates. 5
52 Steps to be taken after application decided 6
(1) If the board decides to register the applicant as a general registrant, it 7
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
53 Failure to decide applications 13
(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
(a) the day that is 60 days after the board receives the further 28
information or document; 29
10 Section 46 (Board's powers before deciding applications)
s 54 39 s 54
Medical Radiation Technologists Registration
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(b) the day that is 60 days after the board receives the results of the 1
examination; 2
(c) the day that is 60 days after the board receives the assessment 3
report. 4
(4) This section does not apply if the applicant is registered as a 5
provisional general registrant.11 6
(5) This section is subject to section 54. 7
54 Further consideration of applications 8
(1) This section applies if the board considers it needs further time to 9
make a decision on the application because of the complexity of the 10
matters that need to be considered in deciding the application. 11
12
Example of an application for general registration that may require the consideration of
13
complex matters--
14
An application requiring the board to obtain and consider information about the
15
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 16
notice to the applicant that-- 17
(a) because of the complexity of the matters that need to be 18
considered in deciding the application, the board needs further 19
time to decide the application; and 20
(b) the period within which the board must decide the application is 21
extended to a day (the "extended day") that is 60 days after the 22
final consideration day. 23
(3) Also, the applicant and board may at any time before the final 24
consideration day agree in writing on a day (the "agreed extended day") 25
by which the application is to be decided. 26
(4) The board is taken to have decided to refuse to register the applicant 27
as a general registrant if it does not decide the application by-- 28
(a) if subsection (2) applies--the extended day; or 29
(b) if subsection (3) applies--the agreed extended day; or 30
11 If the applicant is registered as a provisional general registrant, section 71 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 55 40 s 55
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(c) if both subsections (2) and (3) apply--the later of the extended 1
day or agreed extended day. 2
(5) Subsection (4) does not apply if the applicant is registered as a 3
provisional general registrant.12 4
(6) In this section-- 5
"final consideration day" means the latest of the following days-- 6
(a) the day that is 60 days after receipt of the application; 7
(b) if the board has, under section 46(1)(b), required the applicant to 8
give the board further information or a document--the day that is 9
60 days after the board receives the further information or 10
document; 11
(c) if the board has, under section 46(1)(c), required the applicant to 12
undergo an examination--the day that is 60 days after the board 13
receives the results of the examination; 14
(d) if the board has, under section 46(1)(d), required the applicant to 15
undergo a health assessment--the day that is 60 days after the 16
board receives the assessment report. 17
Subdivision 5--Information in certificates of general registration 18
55 Forms of certificates of general registration 19
(1) A certificate of general registration must be in the approved form. 20
(2) The approved form must provide for the inclusion of the following-- 21
(a) the registrant's name; 22
(b) the profession to which the registration relates; 23
(c) the period of the registration; 24
(d) any conditions of registration, including, for example, any 25
probationary conditions. 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 41 s 57
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Subdivision 6--Period of general registration 1
56 Period 2
(1) The period of registration that is to apply to general registrants in a 3
profession is the period (the "general registration period"), not more than 4
3 years, prescribed under a regulation. 5
(2) If the board decides to register an applicant for general registration as 6
a general registrant in a profession during a general registration period for 7
the profession, the registration remains in force for the period-- 8
(a) commencing on the day when the board makes the decision; and 9
(b) ending on the last day of the general registration period. 10
Subdivision 7--Conditions of general registration 11
57 Imposition of probationary conditions 12
(1) This section applies if-- 13
(a) the board decides to register an applicant for general registration 14
in a profession as a general registrant in the profession; and 15
(b) the applicant-- 16
(i) has not completed, to the board's satisfaction, the 17
supervised practice program for the profession; and 18
(ii) does not, in the board's reasonable opinion, have relevant 19
practical experience in the profession. 20
(2) The board must impose the following conditions on the 21
registration-- 22
(a) for a registrant who has not, in the board's reasonable opinion, 23
practised in the profession-- 24
(i) that the registrant may practise the profession only in 25
accordance with the supervised practice program for the 26
profession; and 27
(ii) that the registrant must complete, to the board's satisfaction, 28
the supervised practice program within the period 29
prescribed under a regulation; 30
s 58 42 s 58
Medical Radiation Technologists Registration
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(b) for a registrant who has practised in the profession but does not, 1
in the board's reasonable opinion, have relevant practical 2
experience-- 3
(i) that the registrant may practise the profession only in 4
accordance with the part of the supervised practice program 5
(the "partial program") decided by the board for the 6
registrant; and 7
(ii) that the registrant must complete, to the board's satisfaction, 8
the partial program within the period decided by the board. 9
(3) In deciding the part of the supervised practice program to be 10
completed, and the period within which it must be completed, the board 11
may have regard to the following-- 12
(a) the nature, extent and recency of any practice in the profession by 13
the applicant, including, for example, any practice undertaken as 14
part of a qualification in the profession the applicant has in 15
addition to the qualification for registration; 16
(b) any reports from persons who have supervised the applicant in 17
the practice of the profession. 18
(4) The board may have regard to practice mentioned in 19
subsection (3)(a) whether or not the practice has been undertaken under 20
supervision. 21
(5) The board must as soon as practicable give the applicant an 22
information notice about the conditions. 23
(6) Despite subsection (5), if in the application the applicant does not 24
claim to have practised in the profession, the applicant is not entitled to an 25
information notice merely because probationary conditions are imposed on 26
the applicant's registration. 27
58 Relevant practical experience in the profession 28
(1) An applicant has relevant practical experience in a profession if the 29
applicant has experience in the practice of the profession that is 30
substantially equivalent to the nature and extent of the practice of the 31
profession provided under the supervised practice program. 32
(2) To remove doubt, it is declared that an applicant's experience in the 33
practice of a profession may be substantially equivalent to the practice of 34
the profession provided under the supervised practice program even if the 35
s 59 43 s 59
Medical Radiation Technologists Registration
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applicant's practice was not undertaken under the supervision of a 1
registrant. 2
(3) In deciding whether an applicant has relevant practical experience in 3
a profession, the board may have regard to the following-- 4
(a) any qualifications in the profession the applicant has in addition 5
to the qualifications for general registration; 6
(b) the nature and extent of any practice in the profession by the 7
applicant; 8
(c) reports from persons who have supervised the applicant in the 9
practice of the profession; 10
(d) advice and recommendations about the applicant from an entity 11
recognised by the board as competent to assess the applicant's 12
ability to meet the competencies stated for the supervised 13
practice program for the profession; 14
(e) any other relevant issue. 15
59 Imposition of other conditions by board 16
(1) In addition to any conditions imposed under section 57, the board 17
may decide to register an applicant for general registration in a profession 18
as a general registrant in the profession on conditions the board considers 19
necessary or desirable for the applicant to competently and safely practise 20
the profession. 21
22
Example of conditions of general registration--
23
A condition prohibiting a general registrant engaging in stated procedures related to the
24
practice of the profession.
(2) If the board decides to register an applicant for general registration as 25
a general registrant on conditions, it must as soon as practicable-- 26
(a) also decide the review period applying to the conditions;13 and 27
(b) give the applicant an information notice about the decisions. 28
(3) If the board decides to register an applicant for general registration as 29
a general registrant on conditions because of the applicant's mental and 30
physical health, it must also decide whether details of the conditions must 31
13 The conditions may be reviewed under division 8 (Reviewing conditions of general
registrations).
s 60 44 s 61
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be recorded in the register for the period for which the conditions are in 1
force. 2
(4) The board must decide not to record details of the conditions 3
mentioned in subsection (3) in the register unless it reasonably believes it is 4
in the interests of users of the registrant's services or the public to know the 5
details. 6
60 Contravention of conditions 7
A general registrant must not contravene a condition of the registration, 8
including, for example, probationary conditions, imposed under this Act. 9
Maximum penalty--100 penalty units. 10
Subdivision 8--Provisions relating to probationary registrants 11
61 Supervised practice program 12
(1) A supervised practice program for a profession is a program, 13
prescribed under a regulation, that provides experience, for probationary 14
registrants, in the practice of the profession. 15
(2) Without limiting subsection (1), a regulation prescribing a program 16
may provide for the following-- 17
(a) the number of hours of practice of the profession to be 18
undertaken and the frequency with which the practice must be 19
undertaken; 20
(b) what constitutes practice of the profession for the program; 21
(c) the requirements for the professional practice settings in which 22
the practice of the profession must be undertaken; 23
(d) the activities to be undertaken during the program; 24
(e) the competencies registrants must demonstrate to complete the 25
program; 26
(f) the minimum period during which the program may be 27
completed. 28
(3) Also, a regulation prescribing a program may provide for matters 29
incidental to the program, including, for example-- 30
s 62 45 s 62
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(a) the responsibilities, under the program, of probationary 1
registrants and supervisors and other persons who supervise 2
probationary registrants; and 3
(b) the requirements for probationary registrants to keep records and 4
prepare reports relevant to the program, including, for example, 5
log books; and 6
(c) the board's power to require a probationary registrant, the 7
registrant's supervisor and other persons who supervise the 8
probationary registrant in undertaking the supervised practice 9
program, to provide information or documents, or prepare 10
reports, about the registrant's progress and performance in 11
undertaking the program. 12
62 Person ceasing to be supervisor must give report to board or 13
nominated entity 14
(1) This section applies if-- 15
(a) a person is the supervisor for a probationary registrant; and 16
(b) the person ceases to be the registrant's supervisor. 17
(2) The person must, within 28 days after ceasing to be the probationary 18
registrant's supervisor, give a report about the registrant to-- 19
(a) if an entity or entities have been prescribed under a 20
regulation--the prescribed entity decided by the board; or 21
(b) otherwise--the board. 22
Maximum penalty--10 penalty units. 23
(3) The report must be in the approved form or, if a form has not been 24
approved, must include the details prescribed under a regulation. 25
(4) Subsection (2) does not apply if a person ceases to be a probationary 26
registrant's supervisor because the board decides, under section 97(3), that 27
the registrant must undertake the supervised practice program under the 28
supervision of another supervisor. 29
s 63 46 s 64
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Division 3--Provisional general registration 1
63 Meaning of "authorised person" for div 3 2
(1) In this division-- 3
"authorised person" means any of the following persons who are 4
authorised by the board to decide to register a person as a provisional 5
general registrant in a profession-- 6
(a) the executive officer; 7
(b) a member; 8
(c) a member of the office's staff. 9
(2) An authority mentioned in subsection (1) may be limited by 10
reference to specified conditions, exceptions or factors. 11
64 Provisional general registration of person on probationary 12
conditions 13
(1) This section applies to an applicant for general registration in a 14
profession who does not, in the applicant's application, claim to have 15
practised in the profession. 16
(2) Subsection (3) applies if an authorised person reasonably 17
considers-- 18
(a) the applicant is eligible for the registration without conditions 19
(other than probationary conditions); and 20
(b) because of the period before the board is likely to consider the 21
application in the ordinary course of its business, it is not 22
reasonable for the applicant to wait for the board to consider the 23
application. 24
(3) The authorised person may decide to register the applicant as a 25
provisional general registrant in the profession on the probationary 26
conditions mentioned in section 57(2)(a). 27
(4) Subsection (5) applies if an authorised person or the board-- 28
(a) reasonably considers, subject to an applicant for general 29
registration in a profession giving the board further evidence of 30
the applicant's relevant qualifications, the applicant is eligible for 31
s 65 47 s 65
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the registration without conditions (other than probationary 1
conditions); or 2
(b) reasonably considers-- 3
(i) an applicant for general registration in a profession would 4
be eligible for the registration without conditions (other than 5
probationary conditions), other than for the fact that the 6
relevant qualifications relied on by the applicant have not 7
been conferred on, or awarded to, the applicant; and 8
(ii) the applicant is entitled to have the relevant qualifications 9
conferred on, or awarded to, him or her. 10
(5) The authorised person or board may decide to register the applicant 11
as a provisional general registrant in the profession on the probationary 12
conditions mentioned in section 57(2)(a). 13
(6) If the authorised person or board decides to register the applicant as a 14
provisional general registrant, the authorised person or board must as soon 15
as practicable issue a certificate of provisional general registration to the 16
applicant. 17
(7) The provisional general registration of a person must not be on 18
conditions, other than probationary conditions mentioned in 19
section 57(2)(a). 20
65 Confirmation or cancellation of provisional general registration 21
(1) If an authorised person decides to register an applicant for general 22
registration as a provisional general registrant, the authorised person must 23
as soon as practicable report to the board about the basis for the authorised 24
person's decision. 25
(2) The board must consider the report and decide whether to confirm or 26
cancel the provisional general registration. 27
(3) In making its decision, the board must consider whether the 28
authorised person should have decided to register the applicant as a 29
provisional general registrant. 30
(4) If the board decides to cancel the provisional general registration, it 31
must as soon as practicable give the applicant notice of its decision. 32
s 66 48 s 69
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66 Procedure after cancellation of provisional general registration 1
(1) This section applies if the board decides, under section 65, to cancel 2
a person's provisional general registration. 3
(2) The notice of cancellation must include the reason for the decision. 4
(3) The decision takes effect on the day the notice is given to the person. 5
(4) The person must return the certificate of provisional general 6
registration to the board within 14 days after receiving the notice, unless 7
the person has a reasonable excuse. 8
Maximum penalty--10 penalty units. 9
(5) Even though the board decides to cancel a person's provisional 10
general registration, it must still consider the person's application for 11
general registration. 12
67 Form of certificate of provisional general registration 13
(1) A certificate of provisional general registration must be in the 14
approved form. 15
(2) The approved form must provide for the inclusion of the following-- 16
(a) the registrant's name; 17
(b) the profession to which the registration relates; 18
(c) the period of the registration; 19
(d) the condition that the registrant may practise the profession only 20
in accordance with the probationary conditions mentioned in 21
section 57(2)(a). 22
68 Period 23
The provisional general registration of a person remains in force for the 24
period, not more than 6 months, decided by the authorised person or board 25
when deciding to register the person as a provisional general registrant. 26
69 Board decides to register provisional general registrant as a 27
general registrant 28
(1) This section applies if-- 29
(a) a person is a provisional general registrant in a profession; and 30
s 70 49 s 71
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(b) the board decides to register the person as a general registrant in 1
the profession. 2
(2) The provisional general registration is cancelled when the person 3
receives a certificate of general registration under section 52(1).14 4
(3) The general registration-- 5
(a) is taken to have started from the day the person was registered as 6
a provisional general registrant in the profession; and 7
(b) is subject to the probationary conditions to which the provisional 8
general registration was subject. 9
(4) The probationary conditions are taken to have been imposed under 10
section 57(2)(a). 11
70 Board decides to refuse to register provisional general registrant 12
as a general registrant 13
(1) This section applies if-- 14
(a) a person is a provisional general registrant in a profession; and 15
(b) the board decides to refuse to register the person as a general 16
registrant in the profession. 17
(2) The provisional general registration is cancelled when an 18
information notice about the decision is given to the person under 19
section 52(2). 20
(3) The person must return the certificate of provisional general 21
registration to the board within 14 days after receiving the information 22
notice, unless the person has a reasonable excuse. 23
Maximum penalty for subsection (3)--10 penalty units. 24
71 Deemed refusal by board to register provisional general registrant 25
as a general registrant 26
(1) This section applies if-- 27
(a) a person is a provisional general registrant in a profession; and 28
14 Section 52 (Steps to be taken after application decided)
s 72 50 s 73
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(b) other than for section 53(4) or 54(5),15 the board would have been 1
taken to have decided to refuse to register the person as a general 2
registrant in the profession. 3
(2) The board is taken to have decided to refuse to register the person as 4
a general registrant on the expiry of the provisional general registration. 5
Division 4--Renewal of general registrations 6
Subdivision 1--Preliminary 7
72 Meaning of "recency of practice requirements" 8
(1) "Recency of practice requirements", for a profession, are 9
requirements, prescribed under a regulation, that if satisfied demonstrate 10
that an applicant for renewal of a general registration in the profession has 11
maintained an adequate connection with the profession. 12
(2) The requirements may include requirements about the following-- 13
(a) the nature, extent and period of practice of the profession by the 14
applicant; 15
(b) the nature and extent of any continuing professional education 16
undertaken by the applicant; 17
(c) the nature and extent of any research, study or teaching, relating 18
to the profession, undertaken by the applicant; 19
(d) the nature and extent of any administrative work, relating to the 20
profession, performed by the applicant. 21
Subdivision 2--Applications for renewal of general registrations 22
73 Notification of imminent expiry of registration 23
The board must give a general registrant notice of the imminent expiry 24
of the registration at least 60 days before the expiry. 25
15 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 74 51 s 74
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74 Procedural requirements for applications 1
(1) A general registrant may apply to the board for the renewal of the 2
registration. 3
(2) The application must be made within the period-- 4
(a) starting-- 5
(i) 60 days before the expiry of the registration; or 6
(ii) on an earlier day, if any, stated in the notice given to the 7
registrant under section 73; and 8
(b) ending immediately before the expiry. 9
(3) The application must-- 10
(a) be in the approved form; and 11
(b) be accompanied by-- 12
(i) the registration fee; and 13
(ii) any documents, identified in the approved form, the board 14
reasonably requires to decide the application. 15
(4) Information in the application must, if the approved form requires, be 16
verified by a statutory declaration. 17
(5) The approved form must require the applicant to state the 18
following-- 19
(a) whether the applicant suffers from any ongoing medical 20
condition, of which the applicant is aware, that the applicant 21
knows or ought reasonably to know adversely affects the 22
applicant's ability to competently and safely practise the 23
profession to which the application relates;16 24
(b) if there are recency of practice requirements for the profession 25
relevant to the applicant, details of the extent to which the 26
applicant has satisfied the requirements. 27
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 75 52 s 76
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75 General registration taken to be in force while application is 1
considered 2
(1) If an application is made under section 74, the applicant's general 3
registration is taken to continue in force from the day it would, apart from 4
this section, have expired until-- 5
(a) if the board decides to renew the applicant's general 6
registration--the day a new certificate of general registration is 7
issued to the applicant under section 79(1); or 8
(b) if the board decides to refuse to renew the applicant's general 9
registration--the day an information notice about the decision is 10
given to the applicant under section 79(2); or 11
(c) if the application is taken to have been withdrawn under 12
section 76(4)--the day it is taken to have been withdrawn. 13
(2) Subsection (1) does not apply if the registration is earlier cancelled 14
under this Act or suspended or cancelled under the Health Practitioners 15
(Professional Standards) Act 1999. 16
Subdivision 3--Decision on applications 17
76 Inquiries into applications 18
(1) Before deciding the application, the board-- 19
(a) may investigate the applicant; and 20
(b) may, by notice given to the applicant, require the applicant to 21
give the board, within a reasonable time of at least 30 days stated 22
in the notice, further information or a document the board 23
reasonably requires to decide the application; and 24
(c) may, if the board is not satisfied the applicant has satisfied 25
recency of practice requirements for the profession to which the 26
application relates, by notice given to the applicant, require the 27
applicant to undergo a written, oral or practical examination 28
within a reasonable time of at least 30 days stated in the notice, 29
and at a reasonable place. 30
(2) The board may require the information or document mentioned in 31
subsection (1)(b) to be verified by a statutory declaration. 32
s 77 53 s 78
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(3) The purpose of an examination under subsection (1)(c) must be to 1
assess any effect the applicant's non-satisfaction of the requirements has 2
on the applicant's ability to competently and safely practise the profession 3
to which the application relates. 4
(4) The applicant is taken to have withdrawn the application if, within 5
the stated time, the applicant-- 6
(a) does not comply with a requirement under subsection (1)(b); or 7
(b) does not undergo an examination under subsection (1)(c). 8
77 Decision 9
(1) The board must consider the application and decide to renew, or 10
refuse to renew, the applicant's general registration. 11
(2) In making its decision, the board must have regard only to the extent, 12
if any, to which the applicant has satisfied recency of practice requirements 13
for the profession to which the application relates.17 14
(3) If there are no recency of practice requirements for the profession 15
relevant to the applicant, the board must decide to renew the applicant's 16
general registration. 17
78 Recency of practice requirements are not satisfied 18
(1) This section applies if the board is not satisfied the applicant has 19
satisfied recency of practice requirements for the profession to which the 20
application relates. 21
(2) The board may decide to renew the applicant's general registration 22
on conditions ("recency of practice conditions") the board considers will 23
sufficiently address the extent to which the applicant has not satisfied the 24
requirements. 25
(3) Before deciding to renew the registration on recency of practice 26
conditions, the board must-- 27
(a) give notice to the applicant-- 28
(i) of the details of the proposed conditions; and 29
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 79 54 s 79
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(ii) of the reason for the proposed imposition of the conditions; 1
and 2
(iii) that the applicant may make a written submission to the 3
board about the proposed conditions within a reasonable 4
time of at least 14 days stated in the notice; and 5
(b) have regard to any written submission made to the board by the 6
applicant before the stated day. 7
(4) If the board decides to renew the registration on recency of practice 8
conditions, it must as soon as practicable-- 9
(a) also decide the review period applying to the conditions;18 and 10
(b) give the applicant an information notice about the decisions. 11
(5) The imposition of the conditions takes effect on the later of the 12
following-- 13
(a) when the information notice is given to the applicant; 14
(b) immediately after the day the registration would have expired, 15
other than for its renewal. 16
79 Steps to be taken after application decided 17
(1) If the board decides to renew the applicant's general registration, it 18
must as soon as practicable issue a new certificate of general registration to 19
the applicant. 20
(2) If the board decides to refuse to renew the applicant's general 21
registration, it must as soon as practicable give the applicant an information 22
notice about the decision. 23
(3) Without affecting section 78(2), if the board decides to renew the 24
applicant's general registration, the renewed general registration is subject 25
to the conditions attaching to the registration immediately before the 26
decision takes effect, including, for example, probationary conditions.19 27
18 The conditions may be reviewed under division 8 (Reviewing conditions of general
registrations).
19 The conditions may include conditions imposed under the Health Practitioners
(Professional Standards) Act 1999.
s 80 55 s 82
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Division 5--Restoration of general registrations 1
80 Application of div 4, sdivs 1 and 3 2
For restoring a general registration, division 4, subdivisions 1 and 3, 3
other than sections 78(5) and 79(3),20 apply as if-- 4
(a) an application for renewal of a general registration were an 5
application for restoration of a general registration; and 6
(b) an applicant for renewal of a general registration were an 7
applicant for restoration of a general registration; and 8
(c) a renewal of a general registration were a restoration of a general 9
registration. 10
81 When an application for restoration of a general registration may 11
be made 12
If a person's general registration has expired, the person may apply to 13
the board for restoration of the registration within 3 months after the 14
expiry. 15
82 Procedural requirements for applications 16
(1) The application must-- 17
(a) be in the approved form; and 18
(b) be accompanied by-- 19
(i) the restoration fee prescribed under a regulation (the 20
"restoration fee"); and 21
(ii) any documents, identified in the approved form, the board 22
reasonably requires to decide the application. 23
(2) Information in the application must, if the approved form requires, be 24
verified by a statutory declaration. 25
(3) The approved form must require the applicant to state the 26
following-- 27
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 83 56 s 85
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(a) whether the applicant suffers from any ongoing medical 1
condition, of which the applicant is aware, that the applicant 2
knows or ought reasonably to know adversely affects the 3
applicant's ability to competently and safely practise the 4
profession to which the application relates;21 5
(b) if there are recency of practice requirements for the profession 6
relevant to the applicant, details of the extent to which the 7
applicant has satisfied the requirements. 8
83 Period of restored registration 9
If the board decides to restore the applicant's general registration in a 10
profession during a general registration period for the profession, the 11
registration remains in force for the period-- 12
(a) commencing on the day when the board makes the decision; and 13
(b) ending on the last day of the general registration period. 14
84 Conditions of expired registration 15
Without affecting section 78(2), as applied by section 80, if the board 16
decides to restore the applicant's general registration, the registration is 17
subject to the conditions, including, for example, probationary conditions, 18
attaching to the registration immediately before its expiry. 19
85 When recency of practice conditions take effect 20
If the board decides to restore the applicant's general registration on 21
recency of practice conditions, the imposition of the conditions takes effect 22
when the information notice about the decision is given by the board to the 23
applicant. 24
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 86 57 s 87
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Division 6--Cancellation of general registrations 1
86 Grounds for cancellation 2
A general registration may be cancelled, under this division, on any of 3
the following grounds-- 4
(a) that the registration happened because of a materially false or 5
misleading representation or declaration; 6
(b) for a registration on probationary conditions mentioned in 7
section 57(2)(a)--that the registrant has failed to complete, to the 8
board's satisfaction, the supervised practice program within the 9
period stated in section 57(2)(a)(ii); 10
(c) for a registration on probationary conditions mentioned in 11
section 57(2)(b)--that the registrant has failed to complete, to the 12
board's satisfaction, the supervised practice program within the 13
period decided by the board under section 57(2)(b)(ii); 14
(d) for a registration on probationary conditions extended under 15
section 97(1)(b)(ii)--that the registrant has failed to complete, to 16
the board's satisfaction, the supervised practice program within 17
the extended period. 18
87 Show cause notice 19
(1) If the board believes the ground exists to cancel a general 20
registration, the board must before taking action to cancel the registration 21
give the registrant a notice (a "show cause notice"). 22
(2) The show cause notice must-- 23
(a) state the board proposes to cancel the registration; and 24
(b) state the ground for the proposed cancellation; and 25
(c) outline the facts and circumstances forming the basis for the 26
ground; and 27
(d) invite the registrant to show within a stated period (the "show 28
cause period") why the registration should not be cancelled. 29
(3) The show cause period must be a period ending not less than 21 days 30
after the show cause notice is given to the registrant. 31
s 88 58 s 91
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88 Representations about show cause notices 1
(1) The registrant may make written representations about the show 2
cause notice to the board in the show cause period. 3
(2) The board must consider all written representations (the "accepted 4
representations") made under subsection (1). 5
89 Ending show cause process without further action 6
(1) This section applies if, after considering the accepted representations 7
for the show cause notice, the board no longer believes the ground exists to 8
cancel the registration. 9
(2) The board must not take any further action about the show cause 10
notice. 11
(3) The board must also as soon as practicable after coming to the belief 12
give notice to the registrant that no further action is to be taken about the 13
show cause notice. 14
90 Cancellation 15
(1) This section applies if, after considering the accepted representations 16
for the show cause notice, the board-- 17
(a) still believes the ground exists to cancel the registration; and 18
(b) believes cancellation of the registration is warranted. 19
(2) This section also applies if there are no accepted representations for 20
the show cause notice. 21
(3) The board may decide to cancel the registration. 22
(4) If the board decides to cancel the registration, it must as soon as 23
practicable give the registrant an information notice about the decision. 24
(5) The decision takes effect on the day the information notice is given 25
to the registrant. 26
91 Return of cancelled certificate of general registration to board 27
(1) This section applies if the board decides to cancel a general 28
registration and gives an information notice for the decision to the 29
registrant. 30
s 92 59 s 94
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(2) The registrant must return the certificate of general registration to the 1
board within 14 days after receiving the information notice, unless the 2
registrant has a reasonable excuse. 3
Maximum penalty for subsection (2)--10 penalty units. 4
Division 7--Reviewing probationary conditions on general registrations 5
92 Review of probationary conditions 6
Probationary conditions may be reviewed under this division. 7
93 Registrant to give notice about completion of program to board 8
(1) A probationary registrant must, within 7 days of completing the 9
supervised practice program, or the partial program, give notice of the 10
completion to the board. 11
(2) The notice must-- 12
(a) be in the approved form; and 13
(b) be accompanied by the fee prescribed under a regulation. 14
94 Board to give notice to supervisor 15
(1) As soon as practicable after receiving the probationary registrant's 16
notice under section 93, the board must give a notice to the registrant's 17
supervisor. 18
(2) The notice must require the supervisor to give, within a reasonable 19
time of at least 30 days stated in the notice, a supervised practice report for 20
the probationary registrant to-- 21
(a) if an entity or entities have been prescribed under a 22
regulation--the prescribed entity decided by the board; or 23
(b) otherwise--the board. 24
(3) The supervisor must comply with the board's notice, unless the 25
supervisor has a reasonable excuse. 26
Maximum penalty for subsection (3)--10 penalty units. 27
s 95 60 s 96
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95 Entity to give board supervised practice report 1
(1) This section applies if, under section 94(2), the supervisor gives the 2
supervised practice report to an entity other than the board. 3
(2) The entity must, within 30 days after receiving the report, give the 4
board the entity's written assessment of whether the probationary registrant 5
has satisfactorily completed the supervised practice program. 6
Maximum penalty--10 penalty units. 7
(3) The entity is entitled to be paid by the board for the entity's work in 8
preparing the written assessment. 9
96 Board's powers before making decision 10
(1) Before making its decision under section 97, the board-- 11
(a) may investigate the probationary registrant; and 12
(b) may, by notice given to the registrant, require the registrant to 13
give the board, within a reasonable time of at least 30 days stated 14
in the notice, further information or a document the board 15
reasonably requires to make the decision; and 16
(c) may, by notice given to the registrant, require the registrant to 17
undergo a written, oral or practical examination within a 18
reasonable time of at least 30 days stated in the notice, and at a 19
reasonable place; and 20
(d) may, by notice given to the registrant's supervisor or another 21
relevant person, require the supervisor or relevant person to give 22
the board, within a reasonable time of at least 30 days stated in 23
the notice, further information or a document the board 24
reasonably requires to make the decision. 25
(2) The board may require the information or document mentioned in 26
subsection (1)(b) or (d) to be verified by a statutory declaration. 27
(3) The purpose of an examination under subsection (1)(c) must be to 28
assess the probationary registrant's ability to competently and safely 29
practise the profession. 30
(4) In this section-- 31
"relevant person" means-- 32
(a) a person who was previously the registrant's supervisor; or 33
s 97 61 s 97
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(b) another person who supervised the registrant in undertaking the 1
supervised practice program, or the partial program. 2
97 Decision 3
(1) After reviewing the supervised practice report, or the entity's 4
assessment of a supervised practice report, and any other relevant 5
information or document about the probationary registrant, the board must 6
decide-- 7
(a) if the board is satisfied the probationary registrant has 8
satisfactorily completed the program, or the partial program--to 9
remove the probationary conditions; or 10
(b) otherwise-- 11
(i) to cancel the registrant's registration under division 6; or 12
(ii) extend the probationary conditions, for a period of not more 13
than 1 year, by requiring the registrant to undertake a part of 14
the program decided by the board if the board reasonably 15
considers the registrant will satisfactorily complete the 16
program during the period. 17
(2) Subsection (1)(b)(ii) applies despite section 57(2)(a)(ii) or (b)(ii). 18
(3) If the board decides to extend the probationary conditions, it may 19
also impose additional conditions about the requirements for completing 20
the program on the probationary registrant's registration, including, for 21
example, requiring the registrant to undertake the partial program at a 22
stated place or under the supervision of a stated supervisor. 23
(4) If the board does not receive the supervised practice report within the 24
time stated in section 94(2), or the entity's assessment of the supervised 25
practice report within the time stated in section 95(2), the board must make 26
a decision mentioned in subsection (1) on the basis of other relevant 27
information or documents about the probationary registrant. 28
(5) If the board decides-- 29
(a) to extend the probationary conditions, it must, as soon as 30
practicable after making the decision, give the probationary 31
registrant an information notice about the decision; or 32
(b) to extend the probationary conditions and impose additional 33
conditions about the requirements for completing the program, it 34
s 98 62 s 99
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must as soon as practicable give the registrant an information 1
notice about the decision; or 2
(c) to remove the probationary conditions, it must give the registrant 3
written notice of the decision. 4
(6) In this section-- 5
"relevant information or document", about a probationary registrant, 6
includes-- 7
(a) a report about the registrant given to the board or another entity 8
under section 62 or 95; and 9
(b) information or a document about the registrant obtained by the 10
board under section 96; and 11
(c) information or a document about the registrant obtained by the 12
board under a regulation under section 61(3). 13
98 When decision takes effect 14
(1) If the board decides to extend the probationary conditions, or to 15
extend the probationary conditions and impose additional conditions, the 16
decision takes effect when an information notice about the decision is 17
given to the probationary registrant under section 97(5)(a) or (b). 18
(2) If the board decides to remove the conditions, the removal takes 19
effect when notice of the decision is given to the probationary registrant 20
under section 97(5)(c) and does not depend on the certificate of general 21
registration being amended to record the removal or a replacement 22
certificate of general registration being issued. 23
99 Failure by board to make decision 24
(1) This section applies if the board fails to make a decision under 25
section 97-- 26
(a) within 60 days after receiving the supervised practice report or 27
the assessment of the supervised practice report; or 28
(b) if the board does not receive the report or assessment, within 29
60 days of the latest day on which the board should have received 30
the report or assessment. 31
(2) Subject to subsections (3) and (4), the failure is taken to be a decision 32
by the board to remove the probationary conditions. 33
s 100 63 s 101
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(3) Subsection (4) applies if the board has-- 1
(a) under section 96(1)(b), required the probationary registrant to 2
give the board further information or a document; or 3
(b) under section 96(1)(c), required the registrant to undergo an 4
examination; or 5
(c) under section 96(1)(d), required the registrant's supervisor or 6
another relevant person to give the board information or a 7
document. 8
(4) The board is taken to have decided to remove the probationary 9
conditions if the board fails to decide the application by the later of the 10
following days-- 11
(a) the day that is 60 days after the board receives the further 12
information or document; 13
(b) the day that is 60 days after the board receives the results of the 14
examination. 15
(5) The conditions are taken to have been removed on the later of the 16
days mentioned in subsection (1) or (4) and the removal does not depend 17
on the certificate of general registration being amended to record the 18
removal or a replacement certificate of general registration being issued. 19
100 When additional conditions end 20
(1) This section applies if the board decides to extend a probationary 21
registrant's probationary conditions and impose additional conditions on 22
the registration. 23
(2) The conditions remain in force until the earlier of the following 24
days-- 25
(a) the day the probationary conditions are removed, under 26
section 97(1)(a), from the probationary registrant's registration; 27
(b) if the board's decision under section 97(1)(b)(ii) states a day on 28
which the conditions are to end, the stated day. 29
101 Amending or replacing certificates of general registration 30
(1) This section applies if-- 31
s 102 64 s 102
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(a) a probationary registrant receives an information notice, under 1
section 97(5)(a) or (b), about a decision to extend probationary 2
conditions or to extend probationary conditions and impose 3
additional conditions; 4
(b) a probationary registrant receives a notice under section 97(5)(c); 5
(c) additional conditions imposed on a probationary registrant's 6
general registration end under section 100(2); 7
(d) the board is taken, under section 99(2) or (4), to have decided to 8
remove probationary conditions from a general registrant's 9
general registration. 10
(2) The registrant must return the certificate of general registration to the 11
board-- 12
(a) if subsection (1)(a), (b) or (c) applies--within 14 days after 13
receiving the notice; or 14
(b) if subsection (1)(d) applies--within 14 days after the day the 15
registrant actually becomes aware of the removal. 16
Maximum penalty--10 penalty units. 17
(3) On receiving the certificate, the board must-- 18
(a) amend the certificate in an appropriate way and return the 19
amended certificate to the registrant; or 20
(b) if the board does not consider it practicable to amend the 21
certificate, issue another certificate of general registration to the 22
registrant to replace the certificate returned to the board. 23
Division 8--Reviewing conditions of general registrations 24
Subdivision 1--Review of conditions imposed by the board or District 25
Court 26
102 Review of conditions 27
Conditions, other than probationary conditions and conditions imposed 28
under section 97(3), imposed on a general registration under this Act may 29
be reviewed under this division. 30
s 103 65 s 105
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103 How registrant may start a review 1
(1) The registrant to whom the conditions relate may apply to the board 2
for a review of the conditions. 3
(2) However, the application must not be made-- 4
(a) during the review period applying to the conditions; or 5
(b) while an appeal to the District Court about the decision to impose 6
the conditions is pending. 7
(3) The application must-- 8
(a) be in the approved form; and 9
(b) be accompanied by the fee prescribed under a regulation. 10
(4) The approved form must require the registrant to state-- 11
(a) that the registrant believes the conditions are no longer 12
appropriate; and 13
(b) the reason for the registrant's belief. 14
(5) The board must consider the application and make a decision under 15
section 108. 16
104 Review of conditions during review period 17
(1) This section applies if, during the review period applying to the 18
conditions, the board reasonably believes the conditions may no longer be 19
appropriate. 20
(2) The board may, with the written agreement of the registrant to whom 21
the conditions relate, review the conditions. 22
105 Board's powers before making decision 23
(1) Before making its decision under section 108, the board-- 24
(a) may investigate the registrant; and 25
(b) may, by notice given to the registrant, require the registrant to 26
give the board, within a reasonable time of at least 30 days stated 27
in the notice, further information or a document the board 28
reasonably requires to make the decision; and 29
(c) may, by notice given to the registrant, require the registrant to 30
undergo a written, oral or practical examination within a 31
s 106 66 s 106
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reasonable time of at least 30 days stated in the notice, and at a 1
reasonable place; and 2
(d) may, by notice given to the registrant, require the registrant to 3
undergo a health assessment within a reasonable time of at least 4
30 days stated in the notice, and at a reasonable place. 5
(2) The board may require the information or document mentioned in 6
subsection (1)(b) to be verified by a statutory declaration. 7
(3) Subject to section 108(2), the purpose of an examination under 8
subsection (1)(c) must be to assess the registrant's ability to competently 9
and safely practise the profession to which the registrant's registration 10
relates. 11
(4) Subject to section 108(2), the purpose of an assessment under 12
subsection (1)(d) must be to assess the registrant's mental and physical 13
capacity to competently and safely practise the profession to which the 14
registrant's registration relates. 15
(5) Also, a notice under subsection (1)(d) must state-- 16
(a) the reason for the assessment; and 17
(b) the name and qualifications of the person appointed by the board 18
to conduct the assessment; and 19
(c) the place where, and the day and time at which, the assessment is 20
to be conducted. 21
106 Application of ss 4750 22
(1) This section applies if the board believes it is necessary for the 23
registrant to undergo a health assessment under section 105(1)(d). 24
(2) Sections 47 to 5022 apply as if-- 25
(a) an applicant for general registration were the registrant; and 26
(b) the reference in section 47(1) to section 46(1)(d) were a 27
reference to section 105(1)(d). 28
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 67 s 108
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107 Deemed withdrawal of application etc. 1
(1) Subsections (2) and (3) apply if the conditions are being reviewed 2
because of an application made by the registrant under section 103. 3
(2) The registrant is taken to have withdrawn the application if, within 4
the stated time, the registrant-- 5
(a) does not comply with a requirement under section 105(1)(b); or 6
(b) does not undergo an examination under section 105(1)(c); or 7
(c) does not undergo an assessment under section 105(1)(d). 8
(3) A notice under section 105(1)(b), (c) or (d) must be given to the 9
registrant within 60 days after the board receives the application. 10
(4) Subsections (5) and (6) apply if the conditions are being reviewed 11
under section 104. 12
(5) The board is taken to have decided to confirm the conditions if, 13
within the stated time, the registrant-- 14
(a) does not comply with a requirement under section 105(1)(b); or 15
(b) does not undergo an examination under section 105(1)(c); or 16
(c) does not undergo an assessment under section 105(1)(d). 17
(6) A notice under section 105(1)(b), (c) or (d) must be given to the 18
registrant within 60 days after the board agrees with the registrant to 19
review the conditions. 20
108 Decision 21
(1) After reviewing the conditions, the board must decide-- 22
(a) to confirm the conditions; or 23
(b) to remove the conditions; or 24
(c) to change the conditions. 25
(2) In making its decision, the board must consider whether the 26
conditions remain necessary or desirable for the registrant to competently 27
and safely practise the profession to which the registrant's registration 28
relates. 29
(3) If the board decides to confirm or change the conditions, the 30
conditions may only be confirmed or changed for the reasons the 31
conditions were initially imposed. 32
s 109 68 s 110
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(4) If the board decides to confirm or change the conditions, it must as 1
soon as practicable-- 2
(a) also decide the review period applying to the confirmed or 3
changed conditions; and 4
(b) give the registrant an information notice about the decisions. 5
(5) If the board decides to remove the conditions, it must as soon as 6
practicable give the registrant notice of the decision. 7
109 When decision takes effect 8
(1) If the board decides to confirm the conditions, the decision takes 9
effect when it is made. 10
(2) If the board decides to change the conditions, the change takes effect 11
when an information notice about the decision is given to the registrant 12
under section 108(4)(b) and does not depend on the certificate of general 13
registration being amended to record the change or a replacement 14
certificate of general registration being issued. 15
(3) If the board decides to remove the conditions, the removal takes 16
effect when notice of the decision is given to the registrant under 17
section 108(5) and does not depend on the certificate of general registration 18
being amended to record the removal or a replacement certificate of 19
general registration being issued. 20
110 Failure by board to make decision on application 21
(1) Subject to subsections (2) and (3), if the board fails to decide an 22
application under section 10323 within 60 days after its receipt, the failure is 23
taken to be a decision by the board to remove the conditions. 24
(2) Subsection (3) applies if the board has-- 25
(a) under section 105(1)(b),24 required the applicant to give the board 26
further information or a document; or 27
(b) under section 105(1)(c), required the applicant to undergo an 28
examination; or 29
23 Section 103 (How registrant may start a review)
24 Section 105 (Board's powers before making decision)
s 111 69 s 111
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(c) under section 105(1)(d), required the applicant to undergo a 1
health assessment. 2
(3) The board is taken to have decided to remove the conditions if the 3
board fails to decide the application by the latest of the following 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 12
the removal or a replacement certificate of general registration being 13
issued. 14
111 Failure by board to make decision on review agreed to under s 104 15
(1) Subject to subsections (2) and (3), if the board fails to make a 16
decision on a review agreed to under section 10425 within 60 days after the 17
agreement, the failure is taken to be a decision by the board to remove the 18
conditions. 19
(2) Subsection (3) applies if the board has-- 20
(a) under section 105(1)(b), required the registrant to give the board 21
further information or a document; or 22
(b) under section 105(1)(c), required the registrant to undergo an 23
examination; or 24
(c) under section 105(1)(d), required the registrant to undergo a 25
health assessment. 26
(3) The board is taken to have decided to remove the conditions if the 27
board fails to make a decision on the review by the latest of the following 28
days-- 29
(a) the day that is 60 days after the board receives the further 30
information or document; 31
25 Section 104 (Review of conditions during review period)
s 112 70 s 113
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(b) the day that is 60 days after the board receives the results of the 1
examination; 2
(c) the day that is 60 days after the board receives the assessment 3
report. 4
(4) The removal of the conditions under subsection (1) or (3) does not 5
depend on the certificate of general registration being amended to record 6
the removal or a replacement certificate of general registration being 7
issued. 8
112 Further decision required if certain conditions changed 9
(1) This section applies if the conditions were imposed because of the 10
registrant's mental and physical health. 11
(2) If the board decides to change the conditions, it must also decide 12
whether details of the changed conditions must be recorded in the register 13
for the period for which the conditions are in force. 14
(3) The board must decide not to record details of the changed 15
conditions in the register unless it reasonably believes it is in the interests 16
of users of the registrant's services or the public to know the details. 17
Subdivision 2--Recording change, or removal, of conditions 18
113 Amendment of, or replacing, certificates of general registration 19
(1) This section applies if-- 20
(a) a general registrant receives an information notice, under 21
section 108(4)(b), about decisions relating to a change of the 22
conditions of the registration; or 23
(b) a general registrant receives a notice, under section 108(5), about 24
a decision to remove the conditions of the registration; or 25
(c) the board is taken, under section 110 or 111, to have decided to 26
remove the conditions of a general registration. 27
(2) The registrant must return the certificate of general registration to the 28
board-- 29
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 30
the notice, unless the registrant has a reasonable excuse; or 31
s 114 71 s 115
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(b) if subsection (1)(c) applies--within 14 days after the day the 1
registrant actually becomes aware of the removal. 2
Maximum penalty--10 penalty units. 3
(3) On receiving the certificate, the board must-- 4
(a) amend the certificate in an appropriate way and return the 5
amended certificate to the registrant; or 6
(b) if the board does not consider it practicable to amend the 7
certificate, issue another certificate of general registration to the 8
registrant to replace the certificate returned to the board. 9
Division 9--Special purpose registrations 10
Subdivision 1--Applications for special purpose registration 11
114 Undertaking of special activities relating to the profession 12
A person may obtain special purpose registration to undertake 1 or more 13
of the following activities (the "special activities") relating to a 14
profession-- 15
(a) study or train at postgraduate level; 16
(b) teach; 17
(c) engage in research; 18
(d) give clinical demonstrations. 19
115 Application of divs 2 and 3 20
(1) For a person being registered as a special purpose registrant, 21
division 2 (other than subdivisions 2, 6, 7 and 8) and division 3 (other than 22
sections 64 and 67(2)(d))26 apply as if-- 23
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 116 72 s 117
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(a) an application for general registration were an application for 1
special purpose registration; and 2
(b) an applicant for general registration were an applicant for special 3
purpose registration; and 4
(c) a general registration were a special purpose registration; and 5
(d) a general registrant were a special purpose registrant; and 6
(e) a certificate of general registration were a certificate of special 7
purpose registration; and 8
(f) a provisional general registrant were a provisional special 9
purpose registrant; and 10
(g) a provisional general registration were a provisional special 11
purpose registration; and 12
(h) a certificate of provisional general registration were a certificate 13
of provisional special purpose registration. 14
(2) The approved form for a certificate of special purpose registration, or 15
provisional special purpose registration, must also provide for the inclusion 16
of details of the special activity for which the registrant is registered. 17
116 Eligibility 18
An applicant for special purpose registration in a profession is eligible 19
for special purpose registration in the profession if the applicant-- 20
(a) has a qualification required for special purpose registration in the 21
profession; and 22
(b) is a suitable person to be a special purpose registrant. 23
117 Qualifications for special purpose registration 24
(1) An applicant for special purpose registration in a profession has a 25
qualification required for special purpose registration in the profession if 26
the applicant is the holder of a qualification in the profession recognised by 27
the board. 28
(2) In deciding whether to recognise the qualification, the board may 29
have regard to the following-- 30
s 118 73 s 119
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(a) whether the course leading to the qualification has been 1
accredited by an entity responsible for accrediting courses for the 2
profession; 3
(b) whether the educational institution conferring or awarding the 4
qualification has been accredited by an entity responsible for 5
accrediting institutions to educate persons for the profession; 6
(c) the advice and recommendations of an entity recognised by the 7
board as competent to assess qualifications in the profession. 8
118 Suitability to be a special purpose registrant 9
In deciding whether an applicant for special purpose registration in a 10
profession is a suitable person to be a special purpose registrant in the 11
profession, the board may have regard to the following-- 12
(a) whether the applicant has been convicted of an indictable 13
offence; 14
(b) whether the applicant has been convicted of an offence against 15
this Act, the Health Practitioners (Professional Standards) Act 16
1999 or a corresponding law; 17
(c) if the applicant has been registered under this Act in the 18
profession or is, or has been, registered under a corresponding 19
law in the profession and the registration was affected-- 20
(i) by the imposition of a condition--the nature of the 21
condition and the reason for its imposition; or 22
(ii) by its suspension or cancellation--the reason for its 23
suspension or cancellation; or 24
(iii) in another way--the way it was affected and the reason for 25
it being affected; 26
(d) any other issue relevant to the applicant's ability to undertake the 27
special activity the subject of the application. 28
119 Period of special purpose registration 29
If the board decides to register the applicant as a special purpose 30
registrant, the registration remains in force for the period, not more than 31
1 year, decided by the board when deciding to register the applicant as a 32
special purpose registrant. 33
s 120 74 s 122
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120 Imposition of conditions by board 1
(1) The board may decide to register the applicant as a special purpose 2
registrant on conditions, other than probationary conditions, the board 3
considers necessary or desirable for the applicant to competently and safely 4
undertake the special activity the subject of the application. 5
(2) If the board decides to register the applicant as a special purpose 6
registrant on conditions, it must as soon as practicable give the applicant an 7
information notice about the decision. 8
121 Contravention of conditions 9
A special purpose registrant must not contravene a condition of the 10
registration imposed under this Act. 11
Maximum penalty--100 penalty units. 12
122 Provisional special purpose registration of a person 13
(1) Subsection (2) applies if an authorised person reasonably 14
considers-- 15
(a) an applicant for special purpose registration in a profession is 16
eligible for the registration without conditions; and 17
(b) because of the period before the board is likely to consider the 18
application in the ordinary course of its business, it is not 19
reasonable for the applicant to have to wait for the board to 20
consider the application. 21
(2) The authorised person may decide to register the applicant as a 22
provisional special purpose registrant in the profession. 23
(3) Subsection (4) applies if an authorised person or the board-- 24
(a) reasonably considers, subject to an applicant for special purpose 25
registration in a profession giving the board further evidence of 26
the applicant's relevant qualification in the profession, the 27
applicant is eligible for the registration without conditions; or 28
(b) reasonably considers-- 29
(i) an applicant for special purpose registration in a profession 30
would be eligible for special purpose registration in the 31
profession without conditions, other than for the fact that 32
s 123 75 s 123
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the relevant qualification relied on by the applicant has not 1
been conferred on, or awarded to, the applicant; and 2
(ii) the applicant is entitled to have the relevant qualification 3
conferred on, or awarded to, him or her. 4
(4) The authorised person or board may decide to register the applicant 5
as a provisional special purpose registrant in the profession. 6
(5) If the authorised person or board decides to register the applicant as a 7
provisional special purpose registrant, the authorised person or board must 8
as soon as practicable issue a certificate of provisional special purpose 9
registration in the profession to the applicant. 10
(6) The provisional special purpose registration of a person must not be 11
on conditions. 12
(7) In this section-- 13
"authorised person" has the meaning given by section 63, as applied by 14
section 115(1). 15
Subdivision 2--Renewal of special purpose registrations 16
123 Application of div 4, sdivs 2 and 3 17
For renewing a special purpose registration, division 4, subdivisions 2 18
and 3, other than sections 74(5)(a) and 79(3)27 and the provisions to the 19
extent to which they relate to recency of practice requirements, apply as 20
if-- 21
(a) an application for the renewal of a general registration were an 22
application for the renewal of a special purpose registration; and 23
(b) an applicant for the renewal of a general registration were an 24
applicant for the renewal of a special purpose registration; and 25
(c) an applicant's general registration were an applicant's special 26
purpose registration; and 27
(d) a general registrant were a special purpose registrant; and 28
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)
s 124 76 s 127
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(e) a certificate of general registration were a certificate of special 1
purpose registration. 2
124 Matters that may be considered in deciding whether to renew 3
special purpose registrations 4
In deciding whether to renew a special purpose registration, the board 5
may have regard to the matters to which the board may have regard in 6
deciding whether a proposed special purpose registrant is a suitable person 7
to be a special purpose registrant.28 8
125 Imposition of conditions by board 9
(1) The board may decide to renew a special purpose registration on 10
conditions, other than probationary conditions, the board considers 11
necessary or desirable for the registrant to competently and safely 12
undertake the special activity the subject of the registration. 13
(2) If the board decides to renew a special purpose registration on 14
conditions, it must as soon as practicable give the registrant an information 15
notice about the decision. 16
(3) To remove doubt, it is declared that any conditions attaching to the 17
registration immediately before its renewal do not continue to apply to the 18
registration on its renewal. 19
126 Period of renewed special purpose registration 20
If the board decides to renew a special purpose registration, the 21
registration remains in force for the period, not more than 1 year, decided 22
by the board when deciding to renew the registration. 23
Subdivision 3--Cancellation of special purpose registrations 24
127 Application of div 6 25
For cancelling a special purpose registration, division 6, other than 26
28 See section 118 (Suitability to be a special purpose registrant) for a list of the
matters.
s 128 77 s 129
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section 86, applies as if29-- 1
(a) a general registration were a special purpose registration; and 2
(b) a certificate of general registration were a certificate of special 3
purpose registration. 4
128 Grounds for cancellation 5
Each of the following is a ground for cancelling a special purpose 6
registration-- 7
(a) the registrant has practised the profession to which the 8
registration relates other than for the special activity for which 9
the registrant is registered; 10
(b) the registrant has been convicted of an indictable offence; 11
(c) the registrant has been convicted of an offence against this Act, 12
the Health Practitioners (Professional Standards) Act 1999 or a 13
corresponding law; 14
(d) the registrant has contravened a condition of the registration; 15
(e) the registrant was registered because of a materially false or 16
misleading representation or declaration. 17
Subdivision 4--Removal of conditions 18
129 Removal 19
(1) This section applies if the board reasonably believes the conditions 20
imposed on a special purpose registration under this Act are no longer 21
necessary or desirable for the registrant to competently and safely 22
undertake the special activity the subject of the registration. 23
(2) The board must decide to remove the conditions. 24
(3) The board must give the registrant notice of the decision as soon as 25
practicable after it is made. 26
29 Division 6 (Cancellation of general registrations), section 86 (Grounds for
cancellation)
s 130 78 s 131
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(4) The registrant must return the certificate of special purpose 1
registration to the board within 14 days after receiving the notice, unless 2
the registrant has a reasonable excuse. 3
Maximum penalty--10 penalty units. 4
(5) On receiving the certificate, the board must-- 5
(a) amend the certificate in an appropriate way and return the 6
amended certificate to the registrant; or 7
(b) if the board does not consider it practicable to amend the 8
certificate--issue another certificate of special purpose 9
registration to the registrant to replace the certificate returned to 10
the board. 11
(6) The removal takes effect when notice of the decision is given to the 12
registrant and does not depend on the certificate of special purpose 13
registration being amended to record the removal or a replacement 14
certificate of special purpose registration being issued. 15
Division 10--General provisions about registrations 16
130 Person is taken to be registered under this part 17
(1) This section applies if, under this Act, an entity decides to-- 18
(a) register a person in a profession; or 19
(b) restore a person's registration in a profession. 20
(2) The person is taken to be registered under this part in the profession. 21
131 Surrender of registrations 22
(1) A registrant may surrender the registration by notice given to the 23
board. 24
(2) The surrender takes effect-- 25
(a) on the day the notice is given to the board; or 26
(b) if a later day of effect is stated in the notice, on the later day. 27
s 132 79 s 134
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(3) The registrant must return the certificate of registration to the board 1
within 14 days after the day the surrender takes effect, unless the registrant 2
has a reasonable excuse. 3
Maximum penalty for subsection (3)--10 penalty units. 4
132 Replacement of certificates of registration 5
(1) A registrant may apply to the board for the replacement of the 6
certificate of registration if it has been lost, stolen, destroyed or damaged. 7
(2) The board must consider the application and decide to grant, or 8
refuse to grant, the application. 9
(3) The board must decide to grant the application if it is satisfied the 10
certificate has been lost, stolen or destroyed, or damaged in a way to 11
require its replacement. 12
(4) If the board decides to grant the application, it must on payment of 13
the fee prescribed under a regulation-- 14
(a) replace the lost, stolen, destroyed or damaged certificate with 15
another certificate of registration; and 16
(b) give the replacement certificate of registration to the applicant. 17
(5) If the board decides to refuse to grant the application, it must as soon 18
as practicable give the applicant an information notice about the decision. 19
133 Certified copy of certificates of registration 20
A registrant may, on payment of the fee prescribed under a regulation, 21
obtain from the board a certified copy of the certificate of registration. 22
134 Notification of change in circumstances 23
A registrant must, within 21 days after the happening of a change in the 24
registrant's circumstances prescribed under a regulation, advise the board 25
of the change. 26
Maximum penalty--10 penalty units. 27
s 135 80 s 135
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135 Notification of certain events to interstate regulatory authorities 1
and other entities 2
(1) This section applies if-- 3
(a) a person's general registration or special purpose registration is 4
cancelled under this Act; or 5
(b) conditions are imposed, under this Act, on a person's general 6
registration or special purpose registration; or 7
(c) conditions on a person's general registration or special purpose 8
registration are removed under this Act. 9
(2) As soon as practicable after an event mentioned in subsection (1) 10
happens, the board must give notice about the event to each interstate 11
regulatory authority with which the board is aware the person is registered. 12
(3) Also, the board may give notice about the event to any of the 13
following-- 14
(a) the chief executive; 15
(b) other State regulatory authorities; 16
(c) foreign regulatory authorities; 17
(d) professional colleges of which the person is eligible to be a 18
member; 19
(e) professional associations of which the person is eligible to be a 20
member; 21
(f) an employer of the person; 22
(g) the Health Insurance Commission; 23
(h) the Health Rights Commissioner; 24
(i) the Minister; 25
(j) another entity having a connection with the person's practice as a 26
general or special purpose registrant. 27
(4) However, the board must not give a notice about the event to an 28
entity under subsection (3) unless the board reasonably believes-- 29
(a) the entity needs to know about the event; and 30
(b) giving the entity notice about the event will assist in achieving 31
the objects of this Act. 32
s 136 81 s 136
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(5) A notice under this section may include the information the board 1
considers appropriate in the circumstances. 2
(6) In this section-- 3
"impose", a condition, does not include confirm the condition. 4
"State regulatory authorities" means boards established under the health 5
practitioner registration Acts. 6
PART 4--OBLIGATIONS OF REGISTRANTS AND 7
OTHER PERSONS 8
Division 1--Restricted titles and holding out 9
136 Taking of restricted titles etc. 10
(1) A person who is not a registrant in a profession must not take or use a 11
restricted title for the profession. 12
Maximum penalty--1 000 penalty units. 13
14
Examples of an individual taking or using a restricted title--
15
1. AB describes himself or herself as `AB, radiographer'.
16
2. AB describes himself or herself as `AB, nuclear medicine technologist'.
17
3. AB describes himself or herself as `AB, radiation therapist'.
18
Examples of a corporation taking or using a restricted title--
19
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, radiographers'.
20
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply to a person if-- 21
(a) the person takes or uses a restricted title for a profession as part 22
of a business name for a business providing professional services 23
in the profession; and 24
(b) in the carrying on of the business by the person, a registrant in 25
the profession provides professional services in the profession. 26
(3) Also, subsection (1) does not apply to a person if-- 27
s 136 82 s 136
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(a) the person is undertaking study or training in the practice of a 1
profession to obtain a qualification for registration in the 2
profession; and 3
(b) the person takes or uses a restricted title for the profession, in the 4
course of the study or training, in conjunction with words that 5
indicate the person is a student or trainee in the profession. 6
(4) A person (the "first person") must not, in relation to another person 7
who the first person knows or ought reasonably to know is not a registrant 8
in a profession, use a restricted title for the profession. 9
Maximum penalty--1 000 penalty units. 10
(5) Subsection (4) does not apply to the first person if-- 11
(a) the other person is undertaking study or training in the practice of 12
the profession to obtain a qualification for registration in the 13
profession; and 14
(b) the first person uses the restricted title for the profession in 15
relation to the other person, in the course of the study or training, 16
in conjunction with words that indicate the other person is a 17
student or trainee in the profession. 18
(6) A person who is not a registrant in a profession must not take or use a 19
title (other than a restricted title), name, initial, symbol, word or description 20
that, having regard to the circumstances in which it is taken or used, 21
indicates or could be reasonably understood to indicate-- 22
(a) if the profession is the medical imaging technology profession, 23
the person is a medical imaging technologist or radiographer; or 24
(b) if the profession is the nuclear medicine technology profession, 25
the person is a nuclear medicine technologist; or 26
(c) if the profession is the radiation therapy profession, the person is 27
a radiation therapist; or 28
(d) the person is authorised or qualified to practise the profession. 29
Maximum penalty--500 penalty units. 30
(7) However, subsection (6)(d) does not apply to a person who takes or 31
uses a title (other than a restricted title), name, initial, symbol, word or 32
description that indicates or could be reasonably understood to indicate the 33
person is authorised to practise a profession if the person-- 34
(a) holds a use licence under the Radiation Safety Act 1999 to carry 35
out a radiation practice using a radiation source; and 36
s 136 83 s 136
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(b) takes or uses the title (other than a restricted title), name, initial, 1
symbol, word or description in a way that, having regard to the 2
circumstances in which it is used, indicates or could be 3
reasonably understood to indicate the person is authorised to use 4
the source under the licence for the practice. 5
(8) A person (the "first person") must not, in relation to another person 6
who the first person knows, or ought reasonably to know, is not a registrant 7
in a profession use a title (other than a restricted title), name, initial, 8
symbol, word or description that, having regard to the circumstances in 9
which it is used, indicates or could be reasonably understood to indicate-- 10
(a) if the profession is the medical imaging technology profession, 11
the other person is a medical imaging technologist or 12
radiographer; or 13
(b) if the profession is the nuclear medicine technology profession, 14
the other person is a nuclear medicine technologist; or 15
(c) if the profession is the radiation therapy profession, the other 16
person is a radiation therapist; or 17
(d) the other person is authorised or qualified to practise the 18
profession. 19
Maximum penalty--500 penalty units. 20
(9) However, subsection (8)(d) does not apply if the first person uses a 21
title (other than a restricted title), name, initial, symbol, word or description 22
that indicates or could be reasonably understood to indicate the other 23
person is authorised to practise a profession if-- 24
(a) the other person holds a use licence under the Radiation Safety 25
Act 1999 to carry out a radiation practice using a radiation 26
source; and 27
(b) the first person uses the title (other than a restricted title), name, 28
initial, symbol, word or description in a way that, having regard 29
to the circumstances in which it is used, indicates or could be 30
reasonably understood to indicate the other person is authorised 31
to use the source under the licence for the practice. 32
(10) A person does not commit an offence against this section if the 33
person, other than for the purpose of providing a health service-- 34
(a) takes or uses a restricted title; or 35
s 137 84 s 139
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(b) takes or uses a title (other than a restricted title), name, initial, 1
symbol, word or description that indicates, or could be 2
reasonably understood to indicate, the person is a radiographer. 3
4
Example for subsection (10)(a)--
5
An industrial radiographer using the title `radiographer', and not providing a health
6
service, would not commit an offence against this section.
137 Claims by persons as to registration 7
A person who is not a registrant in a profession must not-- 8
(a) claim, or hold himself or herself out, to be registered under this 9
Act in the profession; or 10
(b) allow himself or herself to be held out as being registered under 11
this Act in the profession; or 12
(c) claim, or hold himself or herself out, to be eligible to be 13
registered under this Act in the profession. 14
Maximum penalty--1 000 penalty units. 15
138 Claims by persons as to other persons' registration 16
A person must not hold out another person as being registered under this 17
Act in a profession if the person knows, or ought reasonably to know, the 18
other person is not registered under this Act in the profession. 19
Maximum penalty--1 000 penalty units. 20
21
Example--
22
A person carrying on a business providing medical imaging technology services must
23
not hold out that an employee of the person is a radiation therapist if the person knows
24
the employee is not a medical imaging technologist.
139 Restrictions on special purpose registrants, provisional general 25
registrants and provisional special purpose registrants 26
(1) A person who is a special purpose registrant or provisional special 27
purpose registrant must not-- 28
(a) claim, or hold himself or herself out, to be a general registrant or 29
provisional general registrant; or 30
(b) allow himself or herself to be held out as being a general 31
registrant or provisional general registrant; or 32
s 140 85 s 140
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(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
140 Restrictions on registrants registered on conditions 19
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 86 s 142
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Division 2--Notification of business names and other details 1
141 Notification of business names etc. 2
(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 23
Corporations Law--the members of the governing body of 24
the corporation. 25
Maximum penalty for subsection (4)--50 penalty units. 26
142 Notification of change in business names etc. 27
(1) This section applies if-- 28
(a) a person has given the board a notice under section 141; and 29
(b) there is a change in the information contained in the notice. 30
s 143 87 s 143
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(2) The person must, within 14 days after the happening of the change, 1
give the board notice of the change. 2
Maximum penalty--10 penalty units. 3
(3) The person does not commit an offence against section 141 during 4
the period of 14 days after the happening of the change if the person 5
complies with subsection (2). 6
Division 3--Advertising 7
143 Obligations of advertisers 8
(1) A person must not advertise a professional service, or a business 9
providing professional services, in a way that-- 10
(a) is false, misleading or deceptive or is likely to be misleading or 11
deceptive; or 12
13
Example for paragraph (a)--
14
An advertisement that contains a false claim about the beneficial outcome
15
of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 16
use the service or the business, unless the advertisement also 17
states the terms of the offer; or 18
(c) refers to, uses or cites actual or purported endorsements or 19
testimonials about the service or business, or a registrant; or 20
(d) is disparaging of-- 21
(i) a professional service provided by another person; or 22
(ii) a business providing professional services; or 23
(iii) a registrant. 24
Maximum penalty--200 penalty units. 25
(2) A person must not advertise a professional service that the person 26
knows or ought reasonably to know will, or is likely to, harm a person to 27
whom it is provided. 28
Maximum penalty--200 penalty units. 29
(3) A person must not advertise a registrant's expertise in a field of 30
practice of the profession to which the registration relates unless the 31
s 144 88 s 145
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registrant has the skills, knowledge, training or qualifications necessary to 1
practise in the field. 2
Maximum penalty--200 penalty units. 3
(4) A printer or publisher does not commit an offence against 4
subsection (1), (2) or (3) merely by, as part of his or her business, printing 5
or publishing an advertisement for another person. 6
144 Information to appear in advertisements 7
(1) A person must not advertise a professional service, or a business 8
providing professional services, unless-- 9
(a) if a registrant provides the service, or carries on the business, 10
under a business name that is the registrant's own name--the 11
registrant's name is stated in the advertisement; or 12
(b) otherwise--the business name notified to the board under 13
section 141(1), (3) or (4) is stated in the advertisement. 14
Maximum penalty--50 penalty units. 15
(2) A printer or publisher does not commit an offence against 16
subsection (1) merely by, as part of his or her business, printing or 17
publishing an advertisement for another person. 18
Division 4--Registrants' autonomy 19
145 Aiding, abetting etc. conduct that is a ground for disciplinary 20
action 21
(1) A person must not aid, abet, counsel, procure or induce a registrant to 22
engage in conduct that the person is aware, or ought reasonably be aware, 23
is conduct forming the basis for a ground for disciplinary action against a 24
registrant mentioned in the Health Practitioners (Professional Standards) 25
Act 1999, section 124(1).30 26
Maximum penalty--1 000 penalty units. 27
(2) To remove doubt, it is declared that a registrant may be induced by 28
threats or promises. 29
30 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
s 146 89 s 146
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Division 5--Court orders and injunctions 1
146 Persons may be prohibited from supplying health services etc. 2
(1) This section applies if a person is convicted of an offence against 3
section 136, 137, 138, 143(1)(a), (2) or (3), 145(1) or 149.31 4
(2) The court sentencing the person for the offence may, on its own 5
initiative or the application of the prosecutor, make an order under 6
subsection (3) or (5). 7
(3) The court may make an order, applying for a period decided by the 8
court-- 9
(a) prohibiting the person from providing, or carrying on or 10
managing a business providing, a health service; or 11
(b) prohibiting the person from having a financial interest in a 12
business providing a health service; or 13
(c) if the person is a corporation, prohibiting an executive officer of 14
the corporation, who was in a position to influence the conduct of 15
the corporation in relation to the offence, from managing a 16
corporation that carries on a business providing a health service. 17
(4) For subsection (3)(c), a person manages a corporation if the person is 18
a director, or is in any way concerned in or takes part in the management 19
of, the corporation. 20
(5) Also, the court may make an order, applying for a period decided by 21
the court-- 22
(a) prohibiting the person from entering into commercial 23
arrangements with a person who provides, carries on or manages 24
a business providing, a health service; or 25
(b) if the person is a corporation, prohibiting an executive officer of 26
the corporation, who was in a position to influence the conduct of 27
the corporation in relation to the offence, from entering into 28
commercial arrangements with a person who provides, carries on 29
or manages a business providing, a health service. 30
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 90 s 147
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(6) An order under subsection (3) or (5) may apply generally or be 1
limited in its application by reference to specified conditions, exceptions or 2
factors. 3
(7) A reference in subsection (5) to a person entering into commercial 4
arrangements includes the entering into commercial arrangements on 5
behalf of another person. 6
(8) A person must not contravene an order under subsection (3) or (5). 7
Maximum penalty for subsection (8)--1 000 penalty units. 8
147 Injunctions 9
(1) This section applies if-- 10
(a) a person (the "offending party")-- 11
(i) has engaged, is engaging or is proposing to engage in 12
conduct; or 13
(ii) has failed, is failing or is proposing to fail to do anything; 14
and 15
(b) the conduct or failure constituted, constitutes or would constitute 16
a contravention of section 136, 137, 138, 143(1)(a), (2) or (3) 17
or 145(1). 18
(2) Application may be made to the court under this section for an 19
injunction in relation to the conduct or failure. 20
(3) The application may be made by the board or a person authorised in 21
writing by the board. 22
(4) The court may grant an interim injunction under this section until the 23
application is finally decided. 24
(5) On considering the application for the injunction, the court may-- 25
(a) in a case to which subsection (1)(a)(i) applies--grant an 26
injunction restraining the offending party from engaging in the 27
conduct concerned and, if in the court's opinion it is desirable to 28
do so, requiring the offending party to do anything; or 29
(b) in a case to which subsection (1)(a)(ii) applies--grant an 30
injunction requiring the offending party to do the thing 31
concerned. 32
(6) The court may grant the injunction-- 33
s 148 91 s 148
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(a) if the court is satisfied that the offending party has engaged in the 1
conduct, or failed to do the thing, mentioned in subsection (1), 2
whether or not it appears to the court that the offending party 3
intends-- 4
(i) to engage again, or continue to engage, in the conduct; or 5
(ii) to again fail, or continue to fail, to do the thing; or 6
(b) if it appears to the court that, if the injunction is not granted, it is 7
likely that the offending party will engage in the conduct, or fail 8
to do the thing, mentioned in subsection (1), whether or not the 9
offending party has previously engaged in the conduct or failed 10
to do the thing. 11
(7) The court may grant the injunction on the terms the court considers 12
appropriate. 13
(8) Also, the court may grant an injunction requiring the offending party 14
to take stated action (including action to disclose information or publish 15
advertisements) to remedy any adverse effects of the offending party's 16
conduct or failure. 17
(9) The court may discharge an injunction granted under this section at 18
any time. 19
(10) The powers conferred on the court by this section are in addition to, 20
and do not limit, any other powers of the court. 21
(11) In this section-- 22
"court" means-- 23
(a) if proceedings for an offence relating to the conduct or failure are 24
pending in a Magistrates Court--the Magistrates Court; or 25
(b) in any case--the District Court. 26
Division 6--Reprisals 27
148 Reprisal and grounds for reprisals 28
(1) A person must not cause, or attempt or conspire to cause, detriment 29
to another person because, or in the belief that-- 30
s 149 92 s 150
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(a) anybody has given, or may give, information or assistance to the 1
board or an inspector about a person's alleged contravention of 2
division 1 or section 143(1)(a), (2) or (3) or 145(1);32 or 3
(b) anybody has given, or may give, evidence to the court in 4
proceedings for an offence against division 1 or 5
section 143(1)(a), (2) or (3) or 145(1). 6
(2) An attempt to cause detriment includes an attempt to induce a person 7
to cause detriment. 8
(3) A contravention of subsection (1) is a reprisal or the taking of a 9
reprisal. 10
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 11
the unlawful ground for the reprisal. 12
(5) For the contravention mentioned in subsection (3) to happen, it is 13
sufficient if the unlawful ground is a substantial ground for the act or 14
omission that is the reprisal, even if there is another ground for the act or 15
omission. 16
149 Offence for taking reprisal 17
A person who takes a reprisal commits an offence. 18
Maximum penalty--167 penalty units or 2 years imprisonment. 19
150 Damages entitlement for reprisal 20
(1) A reprisal is a tort and a person who takes a reprisal is liable in 21
damages to any person who suffers detriment as a result. 22
(2) Any appropriate remedy that may be granted by a court for a tort may 23
be granted by a court for the taking of a reprisal. 24
(3) If the claim for damages goes to trial in the Supreme Court or the 25
District Court, it must be decided by a judge sitting without a jury. 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 151 93 s 154
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Division 7--Other provisions 1
151 Payment, or acceptance of payment, for referrals prohibited 2
(1) This section applies to a registrant, or a person carrying on a business 3
providing professional services, (the "service provider"). 4
(2) The service provider must not, directly or indirectly, pay an amount 5
or give another benefit, or attempt to pay an amount or give another 6
benefit, to a person in return for the person referring another person to the 7
service provider or service provider's business. 8
Maximum penalty--200 penalty units. 9
(3) The service provider must not, directly or indirectly, accept payment 10
or another benefit for referring a user of the professional services provided 11
by the service provider, or service provider's business, to a person 12
providing, or carrying on a business providing, a health service. 13
Maximum penalty for subsection (3)--200 penalty units. 14
PART 5--INVESTIGATION AND ENFORCEMENT 15
Division 1--Inspectors 16
152 Functions of inspectors 17
An inspector has the function of conducting investigations and 18
inspections to enforce compliance with this Act. 19
153 Powers of inspectors 20
For this Act, an inspector has the powers given to the person under this 21
Act. 22
154 Limitation on powers of inspectors 23
The powers of an inspector may be limited under a condition of 24
appointment. 25
s 155 94 s 157
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Division 2--Appointment of inspectors and other matters 1
155 Appointments 2
The board may appoint the following persons as an inspector-- 3
(a) a member; 4
(b) the executive officer; 5
(c) if the executive officer has agreed to the appointment, a member 6
of the office's staff the board considers has the necessary 7
expertise or experience to be an inspector; 8
(d) another person the board considers has the necessary expertise or 9
experience to be an inspector. 10
156 Appointment conditions 11
(1) An inspector holds office on the conditions stated in the instrument 12
of appointment. 13
(2) An inspector ceases holding office-- 14
(a) if the appointment provides for a term of appointment--at the 15
end of the term; or 16
(b) if the conditions of appointment provide--on ceasing to hold 17
another office (the "main office") stated in the appointment 18
conditions. 19
(3) An inspector may resign by signed notice of resignation given to the 20
board. 21
(4) However, an inspector may not resign from the office of inspector 22
(the "secondary office") if a condition of the inspector's employment to 23
the main office requires the inspector to hold the secondary office. 24
157 Identity cards 25
(1) The board must give an identity card to each inspector. 26
(2) The identity card must-- 27
(a) contain a recent photograph of the inspector; and 28
(b) be signed by the inspector; and 29
s 158 95 s 160
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(c) identify the person as an inspector for this Act; and 1
(d) include an expiry date for the card. 2
(3) This section does not prevent the issue of a single identity card to a 3
person for this Act and other Acts. 4
158 Failure to return identity card 5
A person who ceases to be an inspector must return the person's identity 6
card to the chairperson within 7 days after the person ceases to be an 7
inspector, unless the person has a reasonable excuse. 8
Maximum penalty--10 penalty units. 9
159 Production or display of inspector's identity card 10
(1) An inspector may exercise a power in relation to someone else (the 11
"other person") only if the inspector-- 12
(a) first produces the inspector's identity card for the other person's 13
inspection; or 14
(b) has the identity card displayed so it is clearly visible to the other 15
person. 16
(2) However, if for any reason it is not practicable to comply with 17
subsection (1) before exercising the power, the inspector must produce the 18
identity card for the other person's inspection at the first reasonable 19
opportunity. 20
Division 3--Powers of inspectors 21
Subdivision 1--Entry of places 22
160 Power to enter places 23
(1) An inspector may enter a place if-- 24
(a) its occupier consents to the entry; or 25
(b) it is a public place and the entry is made when the place is open 26
to the public; or 27
s 161 96 s 161
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(c) the entry is authorised by a warrant. 1
(2) For the purpose of asking the occupier of a place for consent to enter, 2
an inspector may, without the occupier's consent or a warrant-- 3
(a) enter land around premises at the place to an extent that is 4
reasonable to contact the occupier; or 5
(b) enter part of the place the inspector reasonably considers 6
members of the public ordinarily are allowed to enter when they 7
wish to contact the occupier. 8
Subdivision 2--Procedure for entry 9
161 Entry with consent 10
(1) This section applies if an inspector intends to ask an occupier of a 11
place to consent to the inspector or another inspector entering the place 12
under section 160(1)(a). 13
(2) Before asking for the consent, the inspector must tell the occupier-- 14
(a) the purpose of the entry; and 15
(b) that the occupier is not required to consent. 16
(3) If the consent is given, the inspector may ask the occupier to sign an 17
acknowledgment of the consent. 18
(4) The acknowledgment must state-- 19
(a) the occupier has been told-- 20
(i) the purpose of the entry; and 21
(ii) that the occupier is not required to consent; and 22
(b) the purpose of the entry; and 23
(c) the occupier gives the inspector consent to enter the place and 24
exercise powers under this part; and 25
(d) the time and date the consent was given. 26
(5) If the occupier signs the acknowledgment, the inspector must 27
immediately give a copy to the occupier. 28
(6) A court must find the occupier of a place did not consent to an 29
inspector entering the place under this part if-- 30
s 162 97 s 163
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(a) an issue arises in a proceeding before the court whether the 1
occupier of the place consented to the entry under 2
section 160(1)(a); and 3
(b) an acknowledgment mentioned in subsection (4) is not produced 4
in evidence for the entry; and 5
(c) it is not proved by the person relying on the lawfulness of the 6
entry that the occupier consented to the entry. 7
162 Application for warrant 8
(1) An inspector may apply to a magistrate for a warrant for a place. 9
(2) The application must be sworn and state the grounds on which the 10
warrant is sought. 11
(3) The magistrate may refuse to consider the application until the 12
inspector gives the magistrate all the information the magistrate requires 13
about the application in the way the magistrate requires. 14
15
Example--
16
The magistrate may require additional information supporting the application to be
17
given by statutory declaration.
163 Issue of warrant 18
(1) The magistrate may issue a warrant only if the magistrate is satisfied 19
there are reasonable grounds for suspecting-- 20
(a) there is a particular thing or activity (the "evidence") that may 21
provide evidence of an offence against this Act; and 22
(b) the evidence is at the place, or may be at the place within the next 23
7 days. 24
(2) The warrant must state-- 25
(a) that a stated inspector may, with necessary and reasonable help 26
and force-- 27
(i) enter the place and any other place necessary for entry; and 28
(ii) exercise the inspector's powers under this part; and 29
(b) the offence for which the warrant is sought; and 30
(c) the evidence that may be seized under the warrant; and 31
s 164 98 s 164
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(d) the hours of the day or night when the place may be entered; and 1
(e) the date, within 14 days after the warrant's issue, the warrant 2
ends. 3
164 Special warrants 4
(1) An inspector may apply for a warrant (a "special warrant") by 5
phone, fax, radio or another form of communication if the inspector 6
considers it necessary because of-- 7
(a) urgent circumstances; or 8
(b) other special circumstances, including, for example, the 9
inspector's remote location. 10
(2) Before applying for the special warrant, the inspector must prepare 11
an application stating the grounds on which the warrant is sought. 12
(3) The inspector may apply for the special warrant before the 13
application is sworn. 14
(4) After issuing the special warrant, the magistrate must immediately 15
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 16
practicable to fax the copy. 17
(5) If it is not reasonably practicable to fax a copy to the inspector-- 18
(a) the magistrate must tell the inspector-- 19
(i) what the terms of the special warrant are; and 20
(ii) the date and time the special warrant was issued; and 21
(b) the inspector must complete a form of warrant (a "warrant 22
form") and write on it-- 23
(i) the magistrate's name; and 24
(ii) the date and time the magistrate issued the special warrant; 25
and 26
(iii) the terms of the special warrant. 27
(6) The facsimile warrant, or the warrant form properly completed by 28
the inspector, authorises the entry and the exercise of the other powers 29
stated in the special warrant issued. 30
(7) The inspector must, at the first reasonable opportunity, send to the 31
magistrate-- 32
s 165 99 s 165
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(a) the sworn application; and 1
(b) if the inspector completed a warrant form, the completed warrant 2
form. 3
(8) On receiving the documents, the magistrate must attach them to the 4
special warrant. 5
(9) A court must find the exercise of the power by an inspector was not 6
authorised by a special warrant if-- 7
(a) an issue arises in a proceeding before the court whether the 8
exercise of the power was authorised by a special warrant 9
mentioned in subsection (1); and 10
(b) the special warrant is not produced in evidence; and 11
(c) it is not proved by the person relying on the lawfulness of the 12
entry that the inspector obtained the special warrant. 13
165 Warrants--procedure before entry 14
(1) This section applies if an inspector named in a warrant issued under 15
this part for a place is intending to enter the place under the warrant. 16
(2) Before entering the place, the inspector must do or make a 17
reasonable attempt to do the following things-- 18
(a) identify himself or herself to a person present at the place who is 19
an occupier of the place by producing a copy of the inspector's 20
identity card or other document evidencing the inspector's 21
appointment; 22
(b) give the person a copy of the warrant or, if the entry is authorised 23
by a facsimile warrant or warrant form mentioned in 24
section 164(6), a copy of the facsimile warrant or warrant form; 25
(c) tell the person the inspector is permitted by the warrant to enter 26
the place; 27
(d) give the person an opportunity to allow the inspector immediate 28
entry to the place without using force. 29
(3) However, the inspector need not comply with subsection (2) if the 30
inspector believes on reasonable grounds that immediate entry to the place 31
is required to ensure the effective execution of the warrant is not frustrated. 32
s 166 100 s 167
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Subdivision 3--Powers after entry 1
166 General powers after entering places 2
(1) This section applies to an inspector who enters a place. 3
(2) However, if an inspector enters a place to get the occupier's consent 4
to enter premises, this section applies to the inspector only if the consent is 5
given or the entry is otherwise authorised. 6
(3) For enforcing compliance with this Act, the inspector may-- 7
(a) search any part of the place; or 8
(b) inspect, measure, test, photograph or film any part of the place or 9
anything at the place; or 10
(c) take a thing, or a sample of or from a thing, for analysis or 11
testing; or 12
(d) take an extract from, or copy, a document at the place; or 13
(e) take into or onto the place any person, equipment and materials 14
the inspector reasonably requires for exercising a power under 15
this part; or 16
(f) require the occupier of the place, or a person at the place, to give 17
the inspector reasonable help to exercise the inspector's powers 18
under paragraphs (a) to (e); or 19
(g) require the occupier of the place, or a person at the place, to give 20
the inspector information to help the inspector ascertain whether 21
this Act is being complied with. 22
(4) When making a requirement mentioned in subsection (3)(f) or (g), 23
the inspector must warn the person it is an offence to fail to comply with 24
the requirement, unless the person has a reasonable excuse. 25
167 Failure to help inspector 26
(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
(2) If an individual is required under section 166(3)(f) to give 31
information, or produce a document, it is a reasonable excuse for the 32
s 168 101 s 170
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individual not to comply with the requirement that complying with the 1
requirement might tend to incriminate the individual. 2
168 Failure to give information 3
(1) A person of whom a requirement is made under section 166(3)(g) 4
must comply with the requirement, unless the person has a reasonable 5
excuse. 6
Maximum penalty--50 penalty units. 7
(2) It is a reasonable excuse for an individual not to comply with the 8
requirement that complying with the requirement might tend to incriminate 9
the individual. 10
Subdivision 4--Power to seize evidence 11
169 Seizing evidence at a place that may be entered without consent or 12
warrant 13
An inspector who enters a place that may be entered under this division 14
without the consent of the occupier and without a warrant, may seize a 15
thing at the place if the inspector reasonably believes the thing is evidence 16
of an offence against this Act. 17
170 Seizing evidence at a place that may only be entered with consent 18
or warrant 19
(1) This section applies if-- 20
(a) an inspector is authorised to enter a place under this division only 21
with the consent of the occupier of the place or a warrant; and 22
(b) the inspector enters the place after obtaining the necessary 23
consent or warrant. 24
(2) If the inspector enters the place with the occupier's consent, the 25
inspector may seize a thing at the place if-- 26
(a) the inspector reasonably believes the thing is evidence of an 27
offence against this Act; and 28
(b) seizure of the thing is consistent with the purpose of entry as told 29
to the occupier when asking for the occupier's consent. 30
s 171 102 s 173
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(3) If the inspector enters the place with a warrant, the inspector may 1
seize the evidence for which the warrant was issued. 2
(4) The inspector also may seize anything else at the place if the 3
inspector reasonably believes-- 4
(a) the thing is evidence of an offence against this Act; and 5
(b) the seizure is necessary to prevent the thing being-- 6
(i) hidden, lost or destroyed; or 7
(ii) used to continue, or repeat, the offence. 8
(5) Also, the inspector may seize a thing at the place if the inspector 9
reasonably believes it has just been used in committing an offence against 10
this Act. 11
171 Securing seized things 12
Having seized a thing, an inspector may-- 13
(a) move the thing from the place where it was seized (the "place of 14
seizure"); or 15
(b) leave the thing at the place of seizure but take reasonable action 16
to restrict access to it. 17
18
Examples of restricting access to a thing--
19
1. Sealing a thing and marking it to show access to it is restricted.
20
2. Sealing the entrance to a room where the seized thing is situated and
21
marking the entrance to show access to the room is restricted.
172 Tampering with seized things 22
If an inspector restricts access to a seized thing, a person must not 23
tamper, or attempt to tamper, with the thing, or something restricting access 24
to the thing, without an inspector's approval. 25
Maximum penalty--100 penalty units. 26
173 Powers to support seizure 27
(1) To enable a thing to be seized, an inspector may require the person in 28
control of it-- 29
s 174 103 s 175
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(a) to take it to a stated reasonable place by a stated reasonable 1
time; and 2
(b) if necessary, to remain in control of it at the stated place for a 3
reasonable time. 4
(2) The requirement-- 5
(a) must be made by notice in the approved form; or 6
(b) if for any reason it is not practicable to give the notice, may be 7
made orally and confirmed by notice in the approved form as 8
soon as practicable. 9
(3) A further requirement may be made under this section about the 10
same thing if it is necessary and reasonable to make the further 11
requirement. 12
(4) A person of whom a requirement is made under subsection (1) or (3) 13
must comply with the requirement, unless the person has a reasonable 14
excuse. 15
Maximum penalty for subsection (4)--50 penalty units. 16
174 Receipts for seized things 17
(1) As soon as practicable after an inspector seizes a thing, the inspector 18
must give a receipt for it to the person from whom it was seized. 19
(2) However, if for any reason it is not practicable to comply with 20
subsection (1), the inspector must leave the receipt at the place of seizure in 21
a conspicuous position and in a reasonably secure way. 22
(3) The receipt must describe generally each thing seized and its 23
condition. 24
(4) This section does not apply to a thing if it is impracticable or would 25
be unreasonable to give the receipt, given the thing's nature, condition and 26
value. 27
175 Forfeiture of seized things 28
(1) A seized thing is forfeited to the State if the inspector who seized the 29
thing-- 30
(a) can not find its owner, after making reasonable inquiries; or 31
(b) can not return it to its owner, after making reasonable efforts; or 32
s 176 104 s 176
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(c) reasonably believes it is necessary to retain the thing to prevent it 1
being used to commit an offence against this Act. 2
(2) In applying subsection (1)-- 3
(a) subsection (1)(a) does not require the inspector to make inquiries 4
if it would be unreasonable to make inquiries to find the owner; 5
and 6
(b) subsection (1)(b) does not require the inspector to make efforts if 7
it would be unreasonable to make efforts to return the thing to its 8
owner. 9
(3) If the inspector makes a decision under subsection (1)(c), resulting in 10
the seized thing being forfeited to the State, the inspector must immediately 11
give the owner an information notice for the decision. 12
(4) Subsection (3) does not apply if-- 13
(a) the inspector can not find the owner, after making reasonable 14
inquiries; or 15
(b) it is impracticable or would be unreasonable to give the 16
information notice. 17
(5) Regard must be had to a thing's nature, condition and value-- 18
(a) in deciding-- 19
(i) whether it is reasonable to make inquiries or efforts; and 20
(ii) if making inquiries or efforts, what inquiries or efforts, 21
including the period over which they are made, are 22
reasonable; or 23
(b) in deciding whether it would be unreasonable to give the 24
information notice. 25
176 Forfeiture on conviction 26
(1) On the conviction of a person for an offence against this Act, the 27
court may order the forfeiture to the State of-- 28
(a) anything used to commit the offence; or 29
(b) anything else the subject of the offence. 30
(2) The court may make the order-- 31
(a) whether or not the thing has been seized; and 32
s 177 105 s 179
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(b) if the thing has been seized, whether or not the thing has been 1
returned to its owner. 2
(3) The court may make any order to enforce the forfeiture it considers 3
appropriate. 4
(4) This section does not limit the court's powers under the Penalties 5
and Sentences Act 1992 or another law. 6
177 Dealing with forfeited things etc. 7
(1) On the forfeiture of a thing to the State, the thing becomes the State's 8
property and may be dealt with by the executive officer as the executive 9
officer considers appropriate. 10
(2) Without limiting subsection (1), the executive officer may destroy or 11
dispose of the thing. 12
(3) Despite subsection (1), the executive officer must not deal with the 13
thing in a way that could prejudice the outcome of-- 14
(a) an appeal started under section 192(3); or 15
(b) another appeal, relevant to the thing, of which the executive 16
officer is aware. 17
178 Return of seized things 18
(1) If a seized thing has not been forfeited, the inspector must return it to 19
its owner-- 20
(a) at the end of 6 months; or 21
(b) if a proceeding for an offence involving the thing is started within 22
6 months, at the end of the proceeding and any appeal from the 23
proceeding. 24
(2) Despite subsection (1), unless the thing has been forfeited, the 25
inspector must immediately return a thing seized as evidence to its owner if 26
the inspector stops being satisfied its continued retention as evidence is 27
necessary. 28
179 Access to seized things 29
(1) Until a seized thing is forfeited or returned, an inspector must allow 30
its owner to inspect it and, if it is a document, to copy it. 31
s 180 106 s 181
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(2) Subsection (1) does not apply if it is impracticable or would be 1
unreasonable to allow the inspection or copying. 2
Subdivision 5--Power to obtain information 3
180 Power to require name and address 4
(1) This section applies if-- 5
(a) an inspector finds a person committing an offence against this 6
Act; or 7
(b) an inspector finds a person in circumstances that lead, or has 8
information that leads, the inspector to reasonably suspect the 9
person has just committed an offence against this Act. 10
(2) The inspector may require the person to state the person's name and 11
residential address. 12
(3) When making the requirement, the inspector must warn the person it 13
is an offence to fail to state the person's name or residential address, unless 14
the person has a reasonable excuse. 15
(4) The inspector may require the person to give evidence of the 16
correctness of the stated name or residential address if the inspector 17
reasonably suspects the stated name or address is false. 18
(5) A requirement under subsection (2) or (4) is called a "personal 19
details requirement". 20
181 Failure to give name or address 21
(1) A person of whom a personal details requirement is made must 22
comply with the requirement, unless the person has a reasonable excuse. 23
Maximum penalty--50 penalty units. 24
(2) A person does not commit an offence against subsection (1) if-- 25
(a) the person was required to state the person's name and residential 26
address by an inspector who suspected the person had committed 27
an offence against this Act; and 28
(b) the person is not proved to have committed the offence. 29
s 182 107 s 184
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182 Power to require production of documents 1
(1) An inspector may require a person to make available for inspection 2
by an inspector, or produce to the inspector for inspection, at a reasonable 3
time and place nominated by the inspector a document issued to the person 4
under this Act. 5
(2) The inspector may keep the document to copy it. 6
(3) The inspector must return the document to the person as soon as 7
practicable after copying it. 8
(4) While the document is in the inspector's possession, the inspector 9
must allow it to be inspected or copied, at a reasonable time, by a person 10
who would be entitled to inspect or copy it were it not in the inspector's 11
possession. 12
(5) A requirement under subsection (1) is called a "document 13
production requirement". 14
183 Failure to produce document 15
(1) A person of whom a document production requirement is made must 16
comply with the requirement, unless the person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
(2) It is not a reasonable excuse for an individual not to comply with a 19
document production requirement if complying with the requirement might 20
tend to incriminate the individual. 21
184 Power to require information 22
(1) This section applies if an inspector reasonably believes-- 23
(a) an offence against this Act has been committed; and 24
(b) a person may be able to give information about the offence. 25
(2) The inspector may, by notice given to the person, require the person 26
to give information, including a document, about the offence to the 27
inspector at a stated reasonable time and place. 28
(3) The person must comply with a requirement under subsection (2), 29
unless the person has a reasonable excuse. 30
Maximum penalty--50 penalty units. 31
s 185 108 s 186
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(4) For this section, it is a reasonable excuse for an individual to fail to 1
give information that giving the information might tend to incriminate the 2
individual. 3
Division 4--General enforcement matters 4
185 Notice of damage 5
(1) This section applies if-- 6
(a) an inspector damages property when exercising or purporting to 7
exercise a power; or 8
(b) a person (the "other person") acting under the direction of an 9
inspector damages property. 10
(2) The inspector must immediately give notice of particulars of the 11
damage to the person who appears to the inspector to be the owner of the 12
property. 13
(3) If the inspector believes the damage was caused by a latent defect in 14
the property or circumstances beyond the inspector's or other person's 15
control, the inspector may state the belief in the notice. 16
(4) If, for any reason, it is impracticable to comply with subsection (2), 17
the inspector must leave the notice in a conspicuous position and in a 18
reasonably secure way where the damage happened. 19
(5) This section does not apply to damage the inspector reasonably 20
believes is trivial. 21
(6) In this section-- 22
"owner", of property, includes the person in possession or control of it. 23
186 Compensation 24
(1) A person may claim from the board the cost of repairing or replacing 25
property damaged because of the exercise or purported exercise of a power 26
under any of the following subdivisions of division 333-- 27
· subdivision 1 (Entry of places) 28
33 Division 3 (Powers of inspectors)
s 187 109 s 188
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· subdivision 3 (Powers after entry) 1
· subdivision 4 (Power to seize evidence). 2
(2) Without limiting subsection (1), compensation may be claimed for 3
loss or expense incurred in complying with a requirement made of the 4
person under the subdivision. 5
(3) Compensation may be claimed and ordered to be paid in a 6
proceeding-- 7
(a) brought in a court with jurisdiction for the recovery of the 8
amount of compensation claimed; or 9
(b) for an offence against this Act brought against the person 10
claiming compensation. 11
(4) A court may order compensation to be paid only if it is satisfied it is 12
just to make the order in the circumstances of the particular case. 13
187 False or misleading information 14
A person must not give information to an inspector the person knows is 15
false or misleading in a material particular. 16
Maximum penalty--50 penalty units. 17
188 False or misleading documents 18
(1) A person must not give an inspector a document containing 19
information the person knows is false or misleading in a material 20
particular. 21
Maximum penalty--50 penalty units. 22
(2) Subsection (1) does not apply to a person if the person, when giving 23
the document-- 24
(a) tells the inspector, to the best of the person's ability, how it is 25
false or misleading; and 26
(b) if the person has, or can reasonably obtain, the correct 27
information, gives the correct information. 28
s 189 110 s 192
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189 Obstructing inspectors 1
(1) A person must not obstruct an inspector in the exercise of a power, 2
unless the person has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
(2) If a person has obstructed an inspector and the inspector decides to 5
proceed with the exercise of the power, the inspector must warn the person 6
that-- 7
(a) it is an offence to obstruct the inspector, unless the person has a 8
reasonable excuse; and 9
(b) the inspector considers the person's conduct is an obstruction. 10
(3) In this section-- 11
"obstruct" includes hinder and attempt to obstruct or hinder. 12
190 Impersonation of inspectors 13
A person must not pretend to be an inspector. 14
Maximum penalty--50 penalty units. 15
PART 6--APPEALS 16
191 Who may appeal 17
(1) A person (the "appellant") who is given, or is entitled to be given, 18
an information notice for a decision (the "original decision") may appeal 19
against the decision to the District Court.34 20
(2) To help users of this Act, schedule 1 identifies the decisions for 21
which an information notice must be given under this Act. 22
192 Starting appeals 23
(1) The appeal may be started at-- 24
34 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 193 111 s 194
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(a) the District Court at the place where the person resides or carries 1
on business; or 2
(b) the District Court at Brisbane. 3
(2) Subsection (1) does not limit the District Court at which the appeal 4
may be started under the Uniform Civil Procedure Rules 1999. 5
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 6
must be filed with the registrar of the court within 28 days after-- 7
(a) if the appellant is given an information notice for the original 8
decision--the day the appellant is given the notice; or 9
(b) if paragraph (a) does not apply--the day the person otherwise 10
becomes aware of the original decision. 11
(4) The court may, at any time, extend the period for filing the notice of 12
appeal. 13
193 Hearing procedures 14
(1) In deciding the appeal, the court-- 15
(a) has the same powers as the person who made the original 16
decision; and 17
(b) is not bound by the rules of evidence; and 18
(c) must comply with natural justice. 19
(2) The appeal is by way of rehearing, unaffected by the original 20
decision, on the material before the person who made the original decision 21
and any further evidence allowed by the court. 22
194 Powers of court on appeal 23
(1) In deciding the appeal, the court may-- 24
(a) confirm the original decision; or 25
(b) amend the original decision; or 26
(c) substitute another decision for the original decision; or 27
(d) set aside the original decision and return the issue to the board 28
with the directions the court considers appropriate. 29
(2) In substituting another decision for the original decision, the court 30
has the same powers as the person who made the original decision. 31
s 195 112 s 195
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1
Example--
2
The court may decide that an unsuccessful applicant for general registration be
3
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 4
decision for the original decision, the amended or substituted decision is, 5
for this Act (other than this part) taken to be the decision of the person who 6
made the original decision. 7
(4) If the court decides to impose conditions on a registration, the court 8
must-- 9
(a) state the reasons for the decision; and 10
(b) if the registration is a general registration, decide and state the 11
review period applying to the conditions.35 12
(5) If the court decides to impose conditions on a registration because of 13
the registrant's mental and physical health, it must also decide whether 14
details of the conditions must be recorded in the register for the period for 15
which the conditions are in force. 16
(6) The court must decide not to record details of the conditions 17
mentioned in subsection (5) in the register unless it reasonably believes it is 18
in the interests of users of the registrant's services or the public to know the 19
details. 20
195 Appointment of assessors 21
(1) If the court is of the opinion that the appeal involves a question of 22
special knowledge and skill, the court may appoint 1 or more assessors 23
who in the court's opinion possess the special qualifications necessary for 24
the particular case to assist the court in its deciding the appeal. 25
(2) An assessor may advise the court on any matter, but all questions of 26
law and fact are to be decided by the court. 27
(3) The court may give the weight to the advice that it considers 28
appropriate. 29
35 The conditions may be reviewed under part 3 (Registration), division 8 (Reviewing
conditions of general registrations).
s 196 113 s 199
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PART 7--LEGAL PROCEEDINGS 1
Division 1--Evidence 2
196 Application of division 3
This division applies to a proceeding under this Act. 4
197 Appointments and authority 5
It is not necessary to prove-- 6
(a) an inspector's, or member's, appointment; or 7
(b) the executive officer's appointment; or 8
(c) the authority of an inspector, a member, the executive officer or a 9
member of the office's staff to do anything under this Act. 10
198 Signatures 11
A signature purporting to be the signature of the Minister, the 12
chairperson, a member, an inspector, the executive officer or a member of 13
the office's staff is evidence of the signature it purports to be. 14
199 Evidentiary provisions 15
A certificate purporting to be signed by the executive officer and stating 16
any of the following matters is evidence of the matter-- 17
(a) a stated document is one of the following things made, given, 18
issued or kept under this Act-- 19
(i) an appointment, approval or decision; 20
(ii) a notice, direction or requirement; 21
(iii) a certificate of registration; 22
(iv) a record, or an extract from a record; 23
(v) the register, or an extract from the register; 24
(b) a stated document is another document kept under this Act; 25
s 200 114 s 201
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(c) a stated document is a copy of a thing mentioned in paragraph (a) 1
or (b); 2
(d) on a stated day, or during a stated period, a stated person was or 3
was not a registrant; 4
(e) on a stated day, or during a stated period, a registration-- 5
(i) was or was not in force; or 6
(ii) was or was not subject to a stated condition; 7
(f) on a stated day, a registration was cancelled; 8
(g) on a stated day, or during a stated period, an appointment as an 9
inspector was, or was not, in force for a stated person; 10
(h) on a stated day, a stated person was given a stated notice or 11
direction under this Act; 12
(i) on a stated day, a stated requirement was made of a stated person. 13
Division 2--Proceedings 14
200 Indictable and summary offences 15
(1) An offence against section 149 is an indictable offence.
36
16
(2) Any other offence against this Act is a summary offence. 17
201 Proceedings for indictable offences 18
(1) A proceeding for an indictable offence against this Act may be taken, 19
at the election of the prosecution-- 20
(a) by way of summary proceeding under the Justices Act 1886; or 21
(b) on indictment. 22
(2) A magistrate must not hear an indictable offence summarily if-- 23
(a) the defendant asks at the start of the hearing that the charge be 24
prosecuted on indictment; or 25
(b) the magistrate considers the charge should be prosecuted on 26
indictment. 27
36 Section 149 (Offence for taking reprisal)
s 202 115 s 203
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(3) If subsection (2) applies-- 1
(a) the magistrate must proceed by way of an examination of 2
witnesses for an indictable offence; and 3
(b) a plea of the person charged at the start of the proceeding must be 4
disregarded; and 5
(c) evidence brought in the proceeding before the magistrate decided 6
to act under subsection (2) is taken to be evidence in the 7
proceeding for the committal of the person for trial or sentence; 8
and 9
(d) before committing the person for trial or sentence, the magistrate 10
must make a statement to the person as required by the Justices 11
Act 1886, section 104(2)(b).37 12
202 Limitation on who may summarily hear indictable offence 13
(1) The proceeding must be before a magistrate if it is a proceeding-- 14
(a) for the summary conviction of a person on a charge for an 15
indictable offence; or 16
(b) for an examination of witnesses for a charge for an indictable 17
offence. 18
(2) However, if the proceeding is brought before a justice who is not a 19
magistrate, jurisdiction is limited to taking or making a procedural action 20
or order within the meaning of the Justices of the Peace and 21
Commissioners for Declarations Act 1991. 22
203 Limitation on time for starting summary proceedings 23
A proceeding for a summary offence against this Act by way of 24
summary proceeding under the Justices Act 1886 must start-- 25
(a) within 1 year after the commission of the offence; or 26
(b) within 6 months after the offence comes to the complainant's 27
knowledge, but within 2 years after the commission of the 28
offence. 29
37 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 204 116 s 206
Medical Radiation Technologists Registration
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204 Allegations of false or misleading information or documents 1
In any proceeding for an offence against this Act defined as involving 2
false or misleading information, or a false or misleading document, it is 3
enough for a charge to state that the information or document was, without 4
specifying which, `false or misleading'. 5
205 Penalties to be paid to board 6
All penalties recovered as a result of proceedings for offences against 7
this Act brought by the board must be ordered to be paid to the board. 8
206 Responsibility for acts or omissions of representatives 9
(1) This section applies in a proceeding for an offence against this Act. 10
(2) If it is relevant to prove a person's state of mind about a particular act 11
or omission, it is enough to show-- 12
(a) the act was done or omitted to be done by a representative of the 13
person within the scope of the representative's actual or apparent 14
authority; and 15
(b) the representative had the state of mind. 16
(3) An act done or omitted to be done for a person by a representative of 17
the person within the scope of the representative's actual or apparent 18
authority is taken to have been done or omitted to be done also by the 19
person, unless the person proves the person could not, by the exercise of 20
reasonable diligence, have prevented the act or omission. 21
(4) In this section-- 22
"representative" means-- 23
(a) for a corporation--an executive officer, employee or agent of the 24
corporation; or 25
(b) for an individual--an employee or agent of the individual. 26
"state of mind" of a person includes-- 27
(a) the person's knowledge, intention, opinion, belief or purpose; 28
and 29
(b) the person's reasons for the intention, opinion, belief or purpose. 30
s 207 117 s 208
Medical Radiation Technologists Registration
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207 Executive officers must ensure corporation complies with Act 1
(1) The executive officers of a corporation must ensure the corporation 2
complies with this Act. 3
(2) If a corporation commits an offence against a provision of this Act, 4
each of the corporation's executive officers also commits an offence, 5
namely, the offence of failing to ensure the corporation complies with the 6
provision. 7
Maximum penalty--the penalty for the contravention of the provision by 8
an individual. 9
(3) Evidence that the corporation has been convicted of an offence 10
against a provision of this Act is evidence that each of the executive 11
officers committed the offence of failing to ensure the corporation 12
complies with the provision. 13
(4) However, it is a defence for an executive officer to prove-- 14
(a) if the officer was in a position to influence the conduct of the 15
corporation in relation to the offence, the officer exercised 16
reasonable diligence to ensure the corporation complied with the 17
provision; or 18
(b) the officer was not in a position to influence the conduct of the 19
corporation in relation to the offence. 20
PART 8--REGISTER, RECORDS AND INFORMATION 21
Division 1--Register 22
208 Register to be kept 23
(1) The board must keep a register about registrants. 24
(2) The register may be kept in the way the board considers appropriate, 25
including, for example, in an electronic form. 26
(3) The register must contain the following details for each registrant-- 27
(a) the registrant's name; 28
(b) an address of the registrant notified by the registrant to the board; 29
s 209 118 s 209
Medical Radiation Technologists Registration
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(c) the profession in which the registrant is registered; 1
(d) whether the registrant is a general registrant, provisional general 2
registrant, special purpose registrant or provisional special 3
purpose registrant; 4
(e) the qualification relied on by the registrant to obtain registration; 5
(f) if the registrant is a special purpose registrant or provisional 6
special purpose registrant, details of the special activity for 7
which the registrant is registered; 8
(g) if conditions, including, for example, probationary conditions are 9
imposed, under this Act, on the registrant's registration-- 10
(i) for conditions imposed because of the registrant's mental 11
and physical health, the details of which it has been decided 12
under this Act not to record in the register--the fact that 13
conditions, including, for example, any probationary 14
conditions have been imposed; or 15
(ii) otherwise--details of the conditions; 16
(h) any other information required to be recorded in the register 17
under the Health Practitioners (Professional Standards) Act 18
1999; 19
(i) other details prescribed under a regulation. 20
(4) For subsection (3)(g), the fact or details must be recorded in the 21
register for the period the conditions are in force. 22
209 Inspection of register 23
(1) The board must-- 24
(a) keep the register open for inspection, free of charge, at the office 25
by members of the public during ordinary office hours; and 26
(b) give a person a copy of the register, or a part of it, on payment of 27
the fee prescribed under a regulation. 28
(2) Subsection (1) does not apply to details of the residential address of a 29
registrant, unless the registrant gives notice to the board that he or she 30
agrees to the details being able to be inspected. 31
s 210 119 s 211
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Division 2--Records to be kept 1
210 Records 2
(1) The board must keep records of the following details about each 3
registrant or former registrant-- 4
(a) if the registration was affected under the Health Practitioners 5
(Professional Standards) Act 1999, details of the way it was 6
affected and the reason for it being affected; 7
(b) if the registration was cancelled under this Act, the fact of, and 8
the reason for, the cancellation; 9
(c) if conditions were, under this Act, imposed on the registration, 10
details of the conditions and the reasons for their imposition; 11
(d) other details prescribed under a regulation. 12
(2) The records must be kept for at least 10 years. 13
Division 3--Information 14
211 Confidentiality of information 15
(1) This section applies to a person (the "relevant person") who is or 16
was-- 17
(a) a member; or 18
(b) a member of a committee; or 19
(c) appointed by the board to conduct a health assessment of another 20
person; or 21
(d) an inspector; or 22
(e) the executive officer or a member of the office's staff; or 23
(f) otherwise involved in the administration of this Act. 24
(2) This section applies to information about a person obtained by the 25
relevant person in the course of performing the relevant person's functions 26
under this Act. 27
(3) The relevant person must not disclose the information to anyone else. 28
Maximum penalty--100 penalty units. 29
s 212 120 s 212
Medical Radiation Technologists Registration
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(4) However, the relevant person may disclose the information to 1
someone else-- 2
(a) to the extent necessary to perform the relevant person's functions 3
under or relating to this Act or the Health Practitioners 4
(Professional Standards) Act 1999; or 5
(b) if the disclosure is authorised under this or another Act; or 6
(c) if the disclosure is otherwise required or permitted by law; or 7
(d) if the person to whom the information relates agrees to the 8
disclosure; or 9
(e) if the disclosure is in a form that does not disclose the identity of 10
a person; or 11
(f) if the information is, or has been, accessible to the public, 12
including, for example, because it is or was recorded in the 13
register; or 14
(g) if the disclosure is to a foreign regulatory authority and the 15
disclosure is necessary for the authority to perform its functions; 16
or 17
(h) if the disclosure is to the Minister to allow the Minister to act 18
under paragraph (i); or 19
(i) if the Minister considers the disclosure is in the public interest 20
and authorises the relevant person to disclose the information. 21
(5) If the Minister authorises information to be disclosed under 22
subsection (4)(i) about a matter concerning a registrant, the Minister must 23
inform the board of the authorisation and its purpose. 24
(6) In this section-- 25
"information", about a person, means-- 26
(a) information about the person's health that identifies, or is likely 27
to identify, the person; or 28
(b) information about the person's criminal history obtained under a 29
request under section 45(4). 30
212 Board's annual report must disclose authorisation 31
(1) This section applies if the board is given information, under 32
section 211(5), in a financial year about an authorisation. 33
s 213 121 s 214
Medical Radiation Technologists Registration
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(2) The board must include a statement about the authorisation in its 1
annual report under the Financial Administration and Audit Act 1977 for 2
the financial year. 3
(3) The statement must include general details about-- 4
(a) the nature of the information disclosed under the authorisation; 5
and 6
(b) the purpose for which the information was disclosed. 7
(4) However, the statement must not identify any person. 8
PART 9--MISCELLANEOUS 9
Division 1--Abandoned, and other, health records 10
213 Definitions for div 1 11
In this division-- 12
"health records" means documents, recording the health history, 13
condition and treatment of users of the professional services provided 14
by a person, made in the course of the person's practice of the 15
profession. 16
"possess", a health record, includes having the record under control in any 17
place, whether or not another person has custody of the record. 18
214 Board may take possession of abandoned health records 19
(1) This section applies if the board suspects on reasonable grounds that 20
health records have been abandoned. 21
(2) The board may take and keep possession of the records to be dealt 22
with under this division. 23
(3) For taking possession of the records, the board may give notice to the 24
occupier of the place where the records are situated to deliver the records to 25
the board to be dealt with under this division. 26
(4) The notice must state that the requirement must be complied with 27
within a period of 14 days after the occupier receives the notice. 28
s 215 122 s 217
Medical Radiation Technologists Registration
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(5) The occupier must comply with the requirement within the stated 1
period, unless the occupier has a reasonable excuse. 2
Maximum penalty for subsection (5)--50 penalty units. 3
215 Health records forming part of deceased estate 4
(1) This section applies if health records form part of a deceased estate. 5
(2) The personal representative of the deceased person concerned may 6
deliver the records into the possession of the board to be dealt with under 7
this division. 8
216 Health records of persons convicted of an offence against s 136(1) 9
or (6) or 137 10
(1) This section applies to a person who is convicted of an offence 11
against section 136(1) or (6) or 137.38 12
(2) The board may give the person notice to deliver health records in the 13
possession or control of the person into the possession of the board to be 14
dealt with under this division. 15
(3) The person must within 14 days after receiving the notice deliver the 16
records into the possession of the board. 17
Maximum penalty--50 penalty units. 18
(4) If the person does not comply with the notice, the board may take 19
and keep possession of the records. 20
217 Dealing with certain health records seized under s 169 or 170 21
(1) This section applies if, under section 169 or 170,39 an inspector seizes 22
health records that the board may take and keep possession of under 23
section 214 or 216. 24
(2) The inspector must deliver the health records into the possession of 25
the board to be dealt with under this division. 26
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)
s 218 123 s 220
Medical Radiation Technologists Registration
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(3) Sections 175, 178 and 17940 do not apply to health records delivered 1
to the board under subsection (2). 2
218 How board may deal with health records 3
(1) This section applies if the board takes possession of a health record 4
under this division. 5
(2) The board may-- 6
(a) give the record to the person to whom the record relates; or 7
(b) if directed by the person, give the record to a registrant under a 8
health practitioner registration Act chosen by the person; or 9
(c) if the board can not find the person after making reasonable 10
inquiries, keep the record; or 11
(d) if the board can not find the person, after making reasonable 12
inquiries, and decides it is no longer necessary to keep the 13
record, destroy the record. 14
(3) To remove doubt, it is declared that the board is taken to be keeping a 15
health record if another body stores the record on its behalf. 16
219 Destruction of health records 17
(1) This section applies if the board destroys a health record under 18
section 218(2)(d). 19
(2) Compensation is not recoverable against the board because of the 20
destruction of the record. 21
Division 2--Continuing professional education of registrants 22
220 Continuing professional education programs 23
(1) The board may develop or recognise a program for the continuing 24
professional education of registrants in a profession. 25
40 Sections 175 (Forfeiture of seized things), 178 (Return of seized things) and
179 (Access to seized things)
s 221 124 s 221
Medical Radiation Technologists Registration
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(2) The board must give notice to all registrants in the profession, to 1
whom the program is relevant, of details of the program. 2
(3) The program may state the minimum continuing professional 3
education requirements a registrant in the profession needs to satisfy, in a 4
stated period, to keep up-to-date with developments in the practice of the 5
profession. 6
(4) A registrant who has satisfied the requirements in the stated period 7
may advertise this fact. 8
(5) A registrant who has not satisfied the requirements in the stated 9
period must not advertise that the registrant has satisfied the requirements. 10
Maximum penalty for subsection (5)--50 penalty units. 11
Division 3--Declared events 12
221 Definitions for div 3 13
In this division-- 14
"declaration period" see section 222(3). 15
"declared event" means an event declared to be a declared event under 16
section 222(1). 17
"interstate law" means a law of another State that provides for the same 18
matter as this Act. 19
"local practitioner" means a person registered under this Act. 20
"participant" means a person who is officially participating in, or 21
preparing for, a declared event. 22
"prepare" includes the following-- 23
(a) train; 24
(b) practise; 25
(c) rehearse; 26
(d) acclimatise. 27
"visiting practitioner", in relation to a declared event, means a person 28
who-- 29
(a) is not a local practitioner; and 30
s 222 125 s 223
Medical Radiation Technologists Registration
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(b) is registered under an interstate law in a profession; and 1
(c) is appointed, employed, contracted or otherwise engaged to 2
provide professional services to a participant in relation to the 3
event. 4
222 Declaration of events 5
(1) The Minister may, by notice, declare a sporting, cultural or other 6
event to be a declared event for this Act. 7
(2) The notice must be for an event taking place, or to take place, in the 8
State that will or is likely to attract a significant number of participants. 9
(3) The notice must state a period during which the declaration is to 10
remain in force (the "declaration period"). 11
(4) The declaration period for the declared event may include a period 12
before or after the declared event takes place. 13
(5) The notice is subordinate legislation. 14
223 Deemed general registration of visiting practitioners 15
(1) This section applies to a visiting practitioner in relation to a declared 16
event. 17
(2) Subject to subsections (4) and (5), the practitioner is taken to be a 18
general registrant in the profession in which the practitioner is registered 19
under an interstate law, during the declaration period for the event, in 20
relation to the provision of professional services to a participant in the 21
event. 22
(3) The practitioner's deemed general registration under subsection (2) 23
is taken to be subject to any conditions of the practitioner's registration 24
under an interstate law in a profession. 25
(4) Part 3, divisions 4 to 8 and 1041 do not apply to the practitioner while 26
the practitioner is taken, under subsection (2), to be a general registrant. 27
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)
s 224 126 s 225
Medical Radiation Technologists Registration
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(5) The practitioner is not taken to be a registrant for the operation of 1
sections 37(1)(b) and 208.42 2
Division 4--Other provisions 3
224 Protecting officials from liability 4
(1) An official is not civilly liable for an act done, or omission made, 5
honestly and without negligence under this Act. 6
(2) If subsection (1) prevents a civil liability attaching to an official, the 7
liability attaches instead to the board. 8
(3) In this section-- 9
"official" means-- 10
(a) a member; or 11
(b) a committee member who is not a board member; or 12
(c) the executive officer; or 13
(d) a person appointed by the board to conduct a health assessment 14
of another person; or 15
(e) an inspector; or 16
(f) a person acting under the direction or authority of an inspector. 17
225 Protection for persons supervising probationary registrants 18
(1) This section applies to a person who, honestly and on reasonable 19
grounds gives information to the board, or an entity prescribed under a 20
regulation under section 62 or 94, about a probationary registrant in the 21
person's capacity as-- 22
(a) the registrant's supervisor or former supervisor for the supervised 23
practice program, or the partial program; or 24
(b) a person who otherwise supervises, or previously supervised, the 25
registrant in undertaking the supervised practice program, or the 26
partial program. 27
42 Sections 37 (Matters to be included in annual report) and 208 (Register to be kept)
s 226 127 s 227
Medical Radiation Technologists Registration
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(2) The person is not liable, civilly, criminally or under an administrative 1
process, for giving the information. 2
(3) Without limiting subsection (2)-- 3
(a) in a proceeding for defamation the person has a defence of 4
absolute privilege for publishing the information; and 5
(b) if the person would otherwise be required to maintain 6
confidentiality about the given information under an Act, oath, 7
rule of law or practice, the person-- 8
(i) does not contravene the Act, oath, rule of law or practice by 9
giving the information; and 10
(ii) is not liable to disciplinary action for giving the 11
information. 12
226 False or misleading information or documents 13
(1) A person must not give information to the board the person knows is 14
false or misleading in a material particular. 15
Maximum penalty--50 penalty units. 16
(2) A person must not give the board a document containing information 17
the person knows is false or misleading in a material particular. 18
Maximum penalty--50 penalty units. 19
(3) Subsection (2) does not apply to a person if the person, when giving 20
the document-- 21
(a) tells the board, to the best of the person's ability, how it is false or 22
misleading; and 23
(b) if the person has, or can reasonably obtain, the correct 24
information, gives the correct information. 25
227 Certificates etc. not to be false or misleading 26
A registrant must not, in the registrant's professional capacity, sign or 27
give to another person, a certificate, notice, report or other document the 28
registrant knows is false or misleading in a material particular. 29
Maximum penalty--50 penalty units. 30
s 228 128 s 231
Medical Radiation Technologists Registration
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228 Application of provisions 1
(1) This section applies if a provision of this Act applies another 2
provision of this Act for a purpose. 3
(2) The other provision, and any definition relevant to the other 4
provision, apply with any necessary changes. 5
(3) Subsection (2) is not limited merely because a provision states how 6
the other provision is to apply. 7
229 Approval of forms 8
The board may approve forms for use under this Act. 9
230 Examination fees 10
A person who sits an examination set and administered by the board 11
under this Act must, before sitting the examination, pay the board the fee 12
for the examination prescribed under a regulation. 13
231 Regulation-making power 14
(1) The Governor in Council may make regulations under this Act. 15
(2) A regulation may be made about the following-- 16
(a) the grounds and processes for deciding that a professional 17
practice setting is, or is not, a suitable place for probationary 18
registrants to undertake supervised practice programs; 19
(b) the accreditation of professional practice settings for supervised 20
practice programs, including the fees for accrediting professional 21
practice settings; 22
(c) supervisors and other persons who supervise registrants 23
undertaking a supervised practice program, including-- 24
(i) the eligibility criteria for supervisors and other persons who 25
supervise probationary registrants; and 26
(ii) the grounds and processes for declaring a person ineligible 27
to be a supervisor; and 28
(iii) the accreditation of supervisors; 29
(d) fees, including the refunding of fees, for this Act; 30
s 232 129 s 232
Medical Radiation Technologists Registration
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(e) imposing a penalty of not more than 20 penalty units for a 1
contravention of a provision of a regulation. 2
(3) Without limiting subsection (2)(d), a regulation may prescribe 3
amounts as fees having regard to the costs of the board performing its 4
functions under, or complying with-- 5
(a) an Act in the legislative scheme; or 6
(b) another Act. 7
PART 10--TRANSITIONAL PROVISIONS 8
232 First members, and chairperson and deputy chairperson, of 9
Medical Radiation Technologists Board of Queensland 10
(1) This section applies for, under the Acts Interpretation Act 1954, 11
section 17,43 appointing the following-- 12
(a) the first members of the Medical Radiation Technologists Board 13
of Queensland; 14
(b) the first chairperson or deputy chairperson of the Medical 15
Radiation Technologists Board of Queensland. 16
(2) A reference in part 2, division 2 to a general registrant is taken to be a 17
reference to a deemed general registrant. 18
(3) A reference in part 2, division 2 to a registrant member is taken to be 19
a reference to a deemed general registrant who is appointed as a member of 20
the Medical Radiation Technologists Board of Queensland under the Acts 21
Interpretation Act 1954, section 17. 22
(4) In this section-- 23
"deemed general registrant" means a person who has qualifications or 24
experience in the practice of a profession that would, in the Minister's 25
opinion, make the person eligible for registration in the profession 26
under section 233. 27
43 Acts Interpretation Act 1954, section 17 (Exercise of powers between enactment and
commencement)
s 233 130 s 233
Medical Radiation Technologists Registration
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233 Transitional provision about registration 1
(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 7
certificate relates within 5 years before the commencement of 8
this section for a period that is, or periods the total of which is, 9
not less than 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 24
profession (other than the profession in which the person has 25
practised). 26
(4) The board must register the person in the profession as if the person 27
were eligible for general registration under part 3, division 2, subdivision 2. 28
(5) Without limiting subsection (4), the board must consider whether to 29
impose conditions on the person's general registration under section 59, 30
including, for example, conditions relating to the nature and extent of the 31
person's practice of the profession or the supervision of the person's 32
practice of the profession. 33
s 234 131 s 235
Medical Radiation Technologists Registration
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234 Sections 141 and 144 ineffective for 6 months 1
(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
235 Transitional provision for graduate practitioners 6
(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 19
the title of the course; or 20
(b) is assessed by an accrediting body to be the equivalent of a 21
person 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 26
accrediting body. 27
44 Sections 141 (Notification of business names etc.) and 144 (Information to appear in
advertisements)
s 236 132 s 236
Medical Radiation Technologists Registration
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236 Certain Act has not been repealed 1
(1) This section applies if an Act mentioned in column 2 of the following 2
table (the "column 2 Act") has not been repealed-- 3
Table 4
column 1 column 2
Chiropractors Registration Act 2001 Chiropractors and Osteopaths
Act 1979
Dental Practitioners Registration Dental Act 1971
Act 2001
Dental Technicians and Dental Dental Technicians and Dental
Prosthetists Registration Act 2001 Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939
Act 2001
Occupational Therapists Registration Occupational Therapists Act
Act 2001 1979
Optometrists Registration Act 2001 Optometrists Act 1974
Osteopaths Registration Act 2001 Chiropractors and Osteopaths
Act 1979
Pharmacists Registration Act 2001 Pharmacy Act 1976
Physiotherapists Registration Physiotherapists Act 1964
Act 2001
Podiatrists Registration Act 2001 Podiatrists Act 1969
Psychologists Registration Act 2001 Psychologists Act 1977
Speech Pathologists Registration Speech Pathologists Act 1979.
Act 2001
(2) A reference in schedule 3, definition "health practitioner registration 5
Act" to the Act mentioned in column 1 of the table shown opposite the 6
column 2 Act is taken to be a reference to the column 2 Act. 7
133
Medical Radiation Technologists Registration
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PART 11--CONSEQUENTIAL AMENDMENTS OF ACTS 1
237 Amendment of Acts 2
Schedule 2 amends the Acts mentioned in it. 3
134
Medical Radiation Technologists Registration
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SCHEDULE 1 1
DECISIONS FOR WHICH INFORMATION NOTICES 2
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
135
Medical Radiation Technologists Registration
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SCHEDULE 1 (continued)
Section Description of decision
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
136
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 2 1
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 237 3
COMMISSION FOR CHILDREN AND YOUNG PEOPLE 4
ACT 2000 5
1. Schedule 4, definition "registered health practitioner"-- 6
insert-- 7
`· Medical Radiation Technologists Registration Act 2001'. 8
HEALTH ACT 1937 9
1. Section 5(1), definition "health practitioner registration Act"-- 10
insert-- 11
`· Medical Radiation Technologists Registration Act 2001'. 12
HEALTH PRACTITIONER REGISTRATION BOARDS 13
(ADMINISTRATION) ACT 1999 14
1. Schedule, definition "health practitioner registration Act"-- 15
insert-- 16
`· Medical Radiation Technologists Registration Act 2001'. 17
137
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 2 (continued)
HEALTH PRACTITIONERS (PROFESSIONAL 1
STANDARDS) ACT 1999 2
1. Section 39(b)-- 3
insert-- 4
`(va)a medical radiation technologists panel of assessors;'. 5
2. Schedule, definition "health practitioner registration Act"-- 6
insert-- 7
`· Medical Radiation Technologists Registration Act 2001'. 8
3. Schedule, definition "health service provider", `medical radiation 9
technologist, nuclear medicine technologist or radiographer'-- 10
omit, insert-- 11
`medical imaging technologist, nuclear medicine technologist or 12
radiation therapist'. 13
4. Schedule, definition "profession"-- 14
insert-- 15
`(ea) for a registrant registered under the Medical Radiation 16
Technologists Registration Act 2001--the medical imaging 17
technology profession, nuclear medicine technology profession 18
or radiation therapy profession;'. 19
138
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 2 (continued)
HEALTH PRACTITIONERS (SPECIAL EVENTS 1
EXEMPTION) ACT 1998 2
1. Schedule, definition "health registration Act"-- 3
insert-- 4
`· Medical Radiation Technologists Registration Act 2001'. 5
HEALTH RIGHTS COMMISSION ACT 1991 6
1. Schedule 1, part 1, item 9, `radiographers,'-- 7
omit. 8
2. Schedule 2-- 9
insert-- 10
`4A. Medical Radiation Technologists Board of Queensland'. 11
HEALTH SERVICES ACT 1991 12
1. Section 63(6), definition "health practitioner registration Act"-- 13
insert-- 14
`· Medical Radiation Technologists Registration Act 2001'. 15
139
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 2 (continued)
RADIATION SAFETY ACT 1999 1
1. Section 209(3)(a)-- 2
insert-- 3
`(iv) to a board established under a health practitioner 4
registration Act to enable the board to perform its functions 5
under that Act or the Health Practitioners (Professional 6
Standards) Act 1999; or'. 7
2. Schedule 2, definition "health practitioner"-- 8
omit, insert-- 9
` "health practitioner" means-- 10
(a) a person enrolled or registered as a nurse under the Nursing Act 11
1992; or 12
(b) a person registered as a chiropractor, dental prosthetist, dental 13
technician, dentist, medical practitioner, medical imaging 14
technologist, nuclear medicine technologist, occupational 15
therapist, optometrist, osteopath, pharmacist, physiotherapist, 16
podiatrist, psychologist, radiation therapist or speech pathologist 17
under a health practitioner registration Act; or 18
(c) a person practising in a health-related field who is accredited by a 19
professional body representing practitioners in the field.'. 20
3. Schedule 2, definition "health practitioner registration Act"-- 21
insert-- 22
`· Medical Radiation Technologists Registration Act 2001'. 23
140
Medical Radiation Technologists Registration
Bill 2001
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 14
Queensland. 15
"business name", of a business, means a name or style under which the 16
business is carried on. 17
"certificate of general registration" means a certificate of general 18
registration issued under part 3. 19
"certificate of provisional general registration" means a certificate of 20
provisional general registration issued under section 64(6). 21
"certificate of provisional special purpose registration" means a 22
certificate of provisional special purpose registration issued under 23
part 3, division 9. 24
"certificate of registration" means a certificate of general registration, 25
certificate of provisional general registration, certificate of special 26
purpose registration or certificate of provisional special purpose 27
registration. 28
141
Medical Radiation Technologists Registration
Bill 2001
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 24
practice of a profession. 25
"executive officer" means the executive officer appointed under the 26
Health 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
"facsimile warrant" see section 164(4). 32
"foreign regulatory authority" means-- 33
142
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 3 (continued)
(a) an interstate regulatory authority; or 1
(b) an entity established under a law applying in a foreign country, 2
other than New Zealand, having functions similar to the board's 3
functions under this Act or the Health Practitioners 4
(Professional Standards) Act 1999. 5
"general registrant" means a person registered, under part 3, as a general 6
registrant, but does not include a provisional general registrant. 7
"general registration" means registration of a person as a general 8
registrant under part 3. 9
"general registration period" see section 56(1). 10
"health assessment", in relation to a person, includes-- 11
(a) a physical, medical, psychiatric or psychological examination or 12
test of the person; and 13
(b) asking questions to assess the person's mental and physical 14
health. 15
"Health Insurance Commission" means the Health Insurance 16
Commission established under the Health Insurance Commission Act 17
1973 (Cwlth), section 4. 18
"health practitioner registration Act" means any of the following Acts-- 19
· this Act 20
· Chiropractors Registration Act 2001 21
· Dental Practitioners Registration Act 2001 22
· Dental Technicians and Dental Prosthetists Registration Act 23
2001 24
· Medical Practitioners Registration Act 2001 25
· Occupational Therapists Registration Act 2001 26
· Optometrists Registration Act 2001 27
· Osteopaths Registration Act 2001 28
· Pharmacists Registration Act 2001 29
· Physiotherapists Registration Act 2001 30
· Podiatrists Registration Act 2001 31
143
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 3 (continued)
· Psychologists Registration Act 2001 1
· Speech Pathologists Registration Act 2001. 2
"health records", for part 9, division 1, see section 213. 3
"health service" means a service for maintaining, improving or restoring 4
people's health and wellbeing. 5
"impose", a condition, includes change or confirm the condition. 6
"information notice", for a decision of the board or an inspector, is a 7
notice stating the following-- 8
(a) the decision; 9
(b) the reasons for the decision; 10
(c) that the person to whom the notice is given may appeal against 11
the decision within 28 days; 12
(d) how the person may appeal against the decision to the District 13
Court; 14
(e) if the decision is that a person be registered on conditions, other 15
than probationary conditions or additional conditions imposed 16
under section 97(3)-- 17
(i) for a general registration--the review period applying to the 18
conditions; and 19
(ii) for conditions imposed because of the person's mental and 20
physical health, the details of which it has been decided 21
under section 59(3) to record in the register--the details that 22
must be recorded in the register for the period for which the 23
conditions are in force; 24
(f) if the decision is that a person be registered on probationary 25
conditions mentioned in section 57(2)(b)-- 26
(i) the part of the supervised practice program to be completed; 27
and 28
(ii) the period in which the supervised practice program is to be 29
completed; 30
(g) if the decision is that a general registration be renewed or 31
restored on recency of practice conditions, the review period 32
applying to the conditions; 33
144
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 3 (continued)
(h) if the decision is that a registration be cancelled, a direction to the 1
person to return the certificate of registration to the board within 2
14 days after receiving the notice; 3
(i) if the decision is that the conditions, other than probationary 4
conditions or additional conditions imposed under section 97(3), 5
imposed on a general registration be confirmed, the review 6
period applying to the confirmed conditions; 7
(j) if the decision is that the conditions, other than probationary 8
conditions or additional conditions imposed under section 97(3), 9
imposed on a general registration be changed-- 10
(i) the review period applying to the changed conditions; and 11
(ii) if the conditions were imposed because of the person's 12
mental and physical health and it is decided under 13
section 112(2) that details of the changed conditions must 14
be recorded in the register, the details that must be recorded 15
in the register for the period for which the changed 16
conditions are in force; and 17
(iii) a direction to the person to return the certificate of 18
registration to the board within 14 days after receiving the 19
notice; 20
(k) if the decision is that probationary conditions imposed on a 21
general registration be extended--the part of the supervised 22
practice program to be undertaken and the period of the 23
extension. 24
"inspector" means a person who is appointed as an inspector under 25
section 155. 26
"interstate law", for part 9, division 3, see section 221. 27
"interstate regulatory authority" means an entity established under the 28
law of another State or New Zealand having functions similar to the 29
board's functions under this Act or the Health Practitioners 30
(Professional Standards) Act 1999. 31
"legislative scheme" see section 4. 32
"local practitioner", for part 9, division 3, see section 221. 33
"medical condition" includes substance abuse or dependence. 34
145
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 3 (continued)
"member" means a member of the board. 1
"notice" means written notice. 2
"occupier", of a place, includes a person who reasonably appears to be an 3
occupier, or in charge, of the place. 4
"office" means the Office of Health Practitioner Registration Boards under 5
the Health Practitioner Registration Boards (Administration) 6
Act 1999. 7
"original decision" see section 191(1). 8
"partial program" see section 57(2)(b)(i). 9
"participant", for part 9, division 3, see section 221. 10
"personal details requirement" see section 180(5). 11
"place" includes premises, vacant land and a vehicle. 12
"place of seizure" see section 171. 13
"possess", a health record, for part 9, division 1, see section 213. 14
"premises" includes-- 15
(a) a building or other structure; and 16
(b) a part of a building or other structure; and 17
(c) land where a building or other structure is situated. 18
"prepare", for part 9, division 3, see section 221. 19
"probationary conditions" means conditions mentioned in section 57 and 20
includes those conditions extended under section 97(1)(b)(ii). 21
"probationary registrant" means a person registered as a general 22
registrant on probationary conditions. 23
"profession" means the-- 24
(a) medical imaging technology profession; or 25
(b) nuclear medicine technology profession; or 26
(c) radiation therapy profession. 27
"professional service" means-- 28
(a) for the medical imaging technology profession--a medical 29
imaging technology service; or 30
146
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 3 (continued)
(b) for the nuclear medicine technology profession--a nuclear 1
medicine technology service; or 2
(c) for the radiation therapy profession--a radiation therapy service. 3
"provisional general registrant" means a person registered, under 4
section 64, as a provisional general registrant. 5
"provisional general registration" means registration of a person as a 6
provisional general registrant under section 64. 7
"provisional special purpose registrant" means a person registered, 8
under part 3, division 9, as a provisional special purpose registrant. 9
"provisional special purpose registration" means registration of a person 10
as a provisional special purpose registrant under part 3, division 9. 11
"public members" see section 15(2)(b). 12
"public place" means a place that the public is entitled to use, is open to 13
the public or is used by the public (whether or not on payment of 14
money). 15
"recency of practice conditions" see section 78(2). 16
"recency of practice requirements" see section 72. 17
"register" means the register kept under section 208. 18
"registrant" means a person registered under part 3. 19
"registrant members" see section 15(2)(a). 20
"registration" means registration under part 3. 21
"registration fee" see section 42(1)(c)(iii). 22
"relevant practical experience", in the profession, means experience 23
mentioned in section 58(1). 24
"renewable registration" means a general registration or special purpose 25
registration. 26
"restoration fee" see section 82(1)(b)(i). 27
"restricted title" means-- 28
(a) for the medical imaging technology profession--a title that 29
consists of, or includes, the words `medical imaging 30
technologist' or `radiographer'; or 31
147
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 3 (continued)
(b) for the nuclear medicine technology profession--a title that 1
consists of, or includes, the words `nuclear medicine 2
technologist'; or 3
(c) for the radiation therapy profession--a title that consists of, or 4
includes, the words `radiation therapist'. 5
"review period", applying to conditions imposed by the board or the 6
District Court on a general registration, means the period, not more 7
than 3 years after the decision to impose the conditions takes effect, 8
within which the registrant may not apply for a review of the 9
conditions under part 3, division 8. 10
"service agreement" means an agreement made under the Health 11
Practitioner Registration Boards (Administration) Act 1999, between 12
the executive officer and the board, for the provision of administrative 13
and operational support by the office to the board. 14
"show cause notice" see section 87(1). 15
"show cause period" see section 87(2)(d). 16
"special activities" see section 114. 17
"special purpose registrant" means a person registered, under part 3, 18
division 9, as a special purpose registrant, but does not include a 19
provisional special purpose registrant. 20
"special purpose registration" means registration of a person as a special 21
purpose registrant under part 3, division 9. 22
"supervised practice program" means a program mentioned in 23
section 61(1). 24
"supervised practice report", for a probationary registrant, means a 25
report-- 26
(a) providing an assessment of the registrant's competence to 27
practise in the profession as demonstrated while undertaking a 28
supervised practice program or a partial program; and 29
(b) in the approved form, or if a form is not approved, that includes 30
the information prescribed under a regulation. 31
"supervisor", for a probationary registrant, means the general registrant 32
who-- 33
(a) is eligible under a regulation to be a supervisor; and 34
148
Medical Radiation Technologists Registration
Bill 2001
SCHEDULE 3 (continued)
(b) has primary responsibility for the probationary registrant's 1
supervision while undertaking the supervised practice program 2
or the partial program. 3
"user", of a registrant's services, includes a person who used the services. 4
"visiting practitioner", for part 9, division 3, see section 221. 5
"warrant form" see section 164(5)(b). 6
© State of Queensland 2001
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