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HEALTH LEGISLATION AMENDMENT
BILL
EXPLANATORY NOTES
OUTLINE
The purpose of this Bill is to amend certain Acts administered by the
Minister for Health.
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Act.
Clause 2 provides for the commencement of the Act.
PART 2--AMENDMENT OF THE CHIROPRACTORS
AND OSTEOPATHS ACT 1979
Clause 3 identifies this Part as amending the Chiropractors and
Osteopaths Act 1979.
Clause 4 amends section 4 by omitting the existing heading and the
definitions "chiropractic and osteopathy" and "Minister"; and inserting a
new heading and definitions for "association of persons", "chiropractic and
osteopathy", "chiropractic and osteopathy company" and "fee".
Clause 5 inserts a new section 4A which defines a chiropractic and
osteopathy company.
Clause 6 amends section 7 (1) to provide for the Board to be increased
from seven to nine members; amends section 7(1)(a) so that two, rather
one, of the four persons nominated by the Minister must be chiropractors
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and osteopaths; and inserts new provisions, 7(1)(c) and (d) which provide
for the two additional positions on the Board to be filled by a consumer
representative and a barrister or solicitor of the Supreme Court respectively.
Clause 7 inserts a new section 7A which provides a mechanism for the
appointment of persons to the new positions as if to casual vacancies.
Clause 8 amends section 11(2) by increasing the quorum from four to
five members required for convening a meeting of the Board.
Clause 9 inserts a new section 25A requiring each member of the
governing body of an incorporated association and each member of an
unincorporated association to ensure that procedures are in place so that an
agent, employee or member of the association does not engage in
discreditable conduct. The Clause also imposes a penalty for failing to do
so.
Clause 10 inserts the following sections under a new Part
3A--Chiropractic and Osteopathy Companies:
S.28A states that nothing in this Act prohibits the formation of a
chiropractic and osteopathy company or the practice of chiropractic and
osteopathy under a company name.
S.28B specifies that a chiropractic and osteopathy company must not
practise chiropractic and osteopathy other than under a name approved by
the Board and sets out the processes for the approval of and any subsequent
alteration to a company name.
S.28C specifies that a company must not engage in chiropractic and
osteopathy unless it is a chiropractic and osteopathy company (as defined
by section 4A outlined in Clause 5).
Clause 11 omits existing section 38(g) and inserts new provisions 38(g)
and (ga) which allow the Board to make by-laws in relation to fees and
allowances payable for the purposes of the Act.
Clause 12 inserts new sections 40 and 41 which respectively:
· preserve the existing membership of the Board appointed under
section 7(1)(a) prior to the commencement of section 6(2) of this
Act, but stipulates any vacancy occurring in a member's office
following the commencement of section 6(2) must be filled under
section 10 of the Act having regard to section 7(1)(a); and
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· declare that the Board always had power to make by-laws as
specified by section 38(g).
PART 3--AMENDMENT OF DENTAL ACT 1971
Clause 13 identifies this Part as amending the Dental Act 1971.
Clause 14 amends section 4 by omitting the definition "Minister" and
inserting a definition for "fee".
Clause 15 amends section 7(1) to provide for the Board to be increased
from seven to nine members, and inserts new provisions 7(2)(c) and (d)
which provide for the two additional positions on the Board to be filled by a
consumer representative and a barrister or solicitor of the Supreme Court
respectively.
Clause 16 inserts a new section 7A which provides a mechanism for the
appointment of persons to the new positions as if to casual vacancies.
Clause 17 amends section 11(2) by increasing the quorum from four to
five members required for convening a meeting of the Board.
Clause 18 omits the existing section 35(h) and inserts new provisions
35(h) and (ha) which allow the Board to make by-laws in relation to fees
and allowances payable for the purposes of the Act.
Clause 19 inserts a new section 37A which is a savings provision
declaring that the Board has always had power to make by-laws as specified
by section 35(h).
PART 4--AMENDMENT OF DENTAL TECHNICIANS
AND DENTAL PROSTHETISTS ACT 1991
Clause 20 identifies this Part as amending the Dental Technicians and
Dental Prosthetists Act 1991.
Clause 21 amends section 3(1) by inserting a definition "fee".
4
Clause 22 amends sections 18(1) and (2) to provide for the payment of
such fees and allowances approved by Governor in Council, and out of
pocket expenses approved by the Board to members of the Board, an
advisory committee appointed by the Board, or a committee formed for the
purposes of section 25(2)(b)(iii).
Clause 23 inserts a new section 20A which provides for all registration
fees paid by or on behalf of dental technicians and dental prosthetists,
immediately before the commencement of this section, to be transferred
from the Dental Board of Queensland to the Dental Technicians and Dental
Prosthetists Board of Queensland.
Clause 24 amends section 53 by inserting a new section (1A) which sets
out the actions a Judge of the District Court may take upon hearing an
appeal against an order or a decision of the Board, in relation to the
registration of a person as a dental technician or dental prothetist.
Clause 25 omits the existing section 58(2)(f) and inserts new provisions
58(f) and (fa) which allow the Board to make by-laws in relation to fees and
allowances payable for the purposes of the Act. The Clause also omits
section 58(4) which is now provided for under the Statutory Instruments
Act 1992.
PART 5--AMENDMENT OF FOOD ACT 1981
Clause 26 identifies this Part as amending the Food Act 1981.
Clause 27 amends section 5(1) by: inserting definitions for "Chief
Health Officer" and "Regional Health Authority"; expanding the definition
for "article" to include a food vehicle; replacing the existing definition of
"authorised officer"; and omitting the definitions "Local Authority" and
"Minister".
Clause 28 replaces the existing section 24 with the following:
S.24(1) states that an inspector or medical officer of health under the
Health Act 1937 is an authorised officer;
(2) allows the Chief Health Officer to authorise an officer of the
department, a Regional Health Authority or local authority;
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(3) specifies that such authorisations must be in writing, may be of
general or limited application and may be revoked by the Chief Health
Officer;
(4) specifies that an authorised officer must be issued with an identity
card containing a recent photograph;
(5) specifies that the Chief Health Officer, a Regional Health Authority or
a local authority as the case may be must issue each authorised officer with
an identity card; and
(6) specifies that the authorised officer must produce his/her identity card
if requested to do so.
Clause 29 makes minor amendments to section 33 (1) and inserts a new
section (1A) in which the time periods for appeals against seizure of various
types of articles are redefined. This Clause also omits the existing section
33(5) and inserts new provisions:
S.33(5) in which a refusal of, or failure to lodge an application for the
return of a seized article, within the redefined time periods, results in the
article becoming the property of the local authority, the Regional Health
Authority or the State;
S.33(6) in which a local authority, or a Regional Health Authority may
destroy or dispose of seized articles that become the property of the relevant
authority; and
S.33(7) in which the Chief Health Officer may destroy or dispose of
seized articles that become the property of the State.
Clause 30 makes minor amendments to section 35 and inserts a new
provision which extends to a Regional Health Authority the ability to
recover costs and expenses associated with the storage, destruction or
disposal of an article seized by the Authority under the Act.
Clause 31 inserts a new section 58 which: clarifies the interpretation of
previous section 24(1) and confirms the authorised officer status of those
officers authorised under the previous section 24(2).
Clause 32 makes minor amendments to the Act by means of Schedule 1,
which omits references to dollar amounts and replaces them with penalty
units.
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PART 6--AMENDMENT OF HEALTH ACT 1937
Clause 33 identifies this Part as amending the Health Act 1937.
Clause 34 amends section 5 by omitting the definition "Local
Authority", and inserting definitions for "Chief Health Officer" and "day
hospital".
Clause 35 omits the words "duly qualified" from section 7(4), which
specifies to whom the Director-General may delegate, with the approval of
the Minister.
Clause 36 amends section 64 by inserting a new provision (e), which
extends the licensing provisions for private hospitals to include day
hospitals.
Clause 37 amends section 66 by increasing the classes of private hospital
licenses from four to five (to include day hospitals); and extends the
provisos attached to the granting of private hospitals licenses to day
hospitals.
Clause 38 inserts the following sections:
S.71A requires the licensee of a private hospital to submit two monthly
reports to the Chief Health Officer. This Clause also specifies the content,
form and time frame within which the reports are to be submitted and the
penalty for failing to do so.
S.71B prohibits the recording, disclosure or use of confidential
information gained through the administration of Division XI--Private
Hospitals, and specifies the circumstances in which and by whom
disclosure is permitted.
Clause 39 omits the existing section 152(1)(xxviii) and inserts a new
provision which prescribes new penalties for breaches of a regulation made
under this section.
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PART 7--AMENDMENT OF HEALTH RIGHTS
COMMISSION ACT 1991
Clause 40 identifies this Part as amending the Health Rights
Commission Act 1991.
Clause 41 amends Schedule 2 of the Act by omitting the word
"Therapists" and inserting the word "Pathologists" in accordance with the
amendments made to the Speech Therapists Act 1979 as provided for in
Part 16 of this Act.
PART 8--AMENDMENT OF HOSPITALS
FOUNDATIONS ACT 1982
Clause 42 identifies this Part as amending the Hospitals Foundations Act
1982.
Clause 43 inserts a new heading for section 4, and omits the definition
"Minister".
Clause 44 replaces the existing section 25 with a new provision requiring
a member of a body corporate to disclose any personal interest, or direct or
indirect pecuniary interest in a matter being considered; prescribes how such
matters are to be recorded and that the member or another member with a
declared interest in a particular matter is not to participate in the deliberative
or decision making processes of the body corporate when such a matter is
being considered.
Clause 45 inserts a new section 25A which requires a member of a body
corporate to act honestly and with propriety in the exercise of powers and in
the discharge of the member's functions under the Act, particularly in
relation to use of office or information acquired.
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PART 9--AMENDMENT OF MEDICAL ACT AND
OTHER ACTS (ADMINISTRATION) ACT 1966
Clause 46 identifies this Part as amending the Medical Act and Other
Acts (Administration) Act 1966.
Clause 47 omits the existing section 3.
Clause 48 makes minor amendments to section 4 incorporating
references to "Consolidated Fund", the "Speech Pathologists Board", the
"Speech Pathologists Act 1979", the "Dental Technicians and Dental
Prosthetists Board", and the "chief executive of the Department". The
Clause also replaces the Order in Council mechanism under this section
with a regulation mechanism, and saves any Order in Council made.
Clause 49 omits the words "Speech Therapy" and inserts the words
"Speech Pathology" in section 14(1)(i).
Clause 50 inserts a new section 17 which allows regulations to be made
for the purposes of the Act.
PART 10--AMENDMENT OF OCCUPATIONAL
THERAPISTS ACT 1979
Clause 51 identifies this Part as amending the Occupational Therapists
Act 1979.
Clause 52 amends section 4 by inserting a new heading, omitting the
definition "Minister", and inserting a definition for "fee".
Clause 53 amends section 7(1) to provide for the Board to be increased
from seven to nine members; and inserts new provisions 7(1)(c) and (d)
which provide for the two additional positions on the Board to be filled by a
consumer representative and a barrister or solicitor of the Supreme Court
respectively.
Clause 54 inserts a new section 7A which provides a mechanism for the
appointment of persons to the new positions as if to casual vacancies.
9
Clause 55 makes minor amendments to section 11(2) by increasing the
quorum from four to five members required for convening a meeting of the
Board.
Clause 56 omits existing section 37(g) and inserts new provisions 37(g)
and (ga) which allow the Board to make by-laws in relation to fees and
allowances payable for the purposes of the Act.
Clause 57 omits existing section 38 which now is provided for under the
Statutory Instruments Act 1992.
Clause 58 inserts a new section 38, which is a savings provision
declaring that the Board has always had power to make by-laws as specified
by section 37(g).
PART 11--AMENDMENT OF OPTOMETRISTS ACT
1974
Clause 59 identifies this Part as amending the Optometrists Act 1974.
Clause 60 amends section 5 by inserting a new heading, omitting the
definition "Minister" and inserting a new definition for "fee".
Clause 61 amends section 8(1) to provide for the Board to be increased
from seven to nine members; amends 8(1)(a) so that two, rather one, of the
four persons nominated by the Minister are optometrists; and inserts new
provisions 8(1)(c) and (d) which provide for the two additional positions on
the Board to be filled by a consumer representative and a barrister or
solicitor of the Supreme Court respectively.
Clause 62 inserts a new section 8A which provides a mechanism for the
appointment of persons to the new positions as if to casual vacancies.
Clause 63 amends section 12(2) by increasing the quorum from four to
five members required for convening a meeting of the Board.
Clause 64 omits existing section 40(1)(h) and inserts new provisions
40(1)(h) and (ha) which allow the Board to make by-laws in relation to fees
and allowances payable for the purposes of the Act.
10
Clause 65 omits the existing section 41 which is now provided for under
the Statutory Instruments Act 1992 and inserts new sections 41 and 42
which respectively:
· preserve the existing membership of the Board appointed under
section 8(1)(a) prior to the commencement of section 61(2) of
this Act, but stipulates any vacancy occurring in a member's
office following the commencement of section 61(2) must be
filled under section 11, having regard to new section 8(1)(a); and
· declare that the Board has always had power to make by-laws as
specified by section 40(1)(h).
PART 12--AMENDMENT OF PHARMACY ACT 1976
Clause 66 identifies this Part as amending the Pharmacy Act 1976.
Clause 67 amends section 5 by replacing the heading, omitting the
definition "Minister" and by inserting a definition for "fee".
Clause 68 amends section 8(1) to provide for the Board to be increased
from seven to nine members; and inserts new provisions 8(1)(c) and (d)
which provide for the two additional positions on the Board to be filled by a
consumer representative and a barrister or solicitor of the Supreme Court
respectively.
Clause 69 inserts a new section 7A which provides a mechanism for the
appointment of persons to the new positions as if to casual vacancies.
Clause 70 amends section 12(2) by increasing the quorum from four to
five members required for convening a meeting of the Board.
Clause 71 omits the existing section 40(1)(h) and inserts new provisions
40(1)(h) and (ha) which allow the Board to make by-laws in relation to fees
and allowances payable for the purposes of the Act.
Clause 72 inserts a savings provision (section 45) which declares that the
Board has always had power to make by-laws as specified by section
40(1)(h).
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PART 13--AMENDMENT OF PHYSIOTHERAPISTS
ACT 1964
Clause 73 identifies this Part as amending the Physiotherapists Act 1964.
Clause 74 amends section 4 by replacing the existing heading, omitting
definitions "Minister" and "Part", and inserting a definition for "fee".
Clause 75 amends section 7(1) to provide for the Board to be increased
from seven to nine members; and inserts new provisions 7(1)(c) and (d)
which provide for the two additional positions on the Board to be filled by a
consumer representative and a barrister or solicitor of the Supreme Court
respectively.
Clause 76 inserts a new section 7A which provides a mechanism for the
appointment of persons to the new positions as if to casual vacancies.
Clause 77 amends section 9(2) by increasing the quorum from four to
five members required for convening a meeting of the Board.
Clause 78 omits the existing section 31(1)(iv) and (v) and inserts a new
provision 31(1)(iv) by which the Governor in Council may make
regulations in relation to fees payable for the purposes of the Act.
Clause 79 omits the existing section 32 and inserts a new section 32
declaring that the Governor in Council has always had power to make
regulations as specified by section 31(1)(iv).
PART 14--AMENDMENT OF PODIATRISTS ACT
1969
Clause 80 identifies this Part as amending the Podiatrists Act 1969.
Clause 81 amends section 3 by replacing the existing heading, omitting
the definition "Minister", and by inserting a definition for "fee".
Clause 82 amends section 6(1) to provide for the Board to be increased
from seven to nine members; omits existing section 6(1)(a) and inserts a
new provision which provides for two of the four persons nominated by the
Minister to be podiatrists; and inserts new provisions 6(1)(c) and (d) which
12
provide for the two additional positions on the Board to be filled by a
consumer representative and a barrister or a solicitor of the Supreme Court
respectively.
Clause 83 inserts a new section 6A which provides a mechanism for the
appointment of persons to the new positions as if to casual vacancies.
Clause 84 amends section 10(2) by increasing the quorum from four to
five members required for convening a meeting of the Board.
Clause 85 omits the existing section 31(g) and inserts a new provision
31(g) which allows the Board to make by-laws in relation to fees payable
for the purposes of the Act.
Clause 86 omits the existing section 32 which is now covered by the
Statutory Instruments Act 1992.
Clause 87 inserts new sections 32 and 33 which respectively:
· preserve the existing membership of the Board appointed under
section 6(1)(a) prior to the commencement of section 82(2) of
this Act, but stipulates any vacancy occurring in a member's
office following the commencement of section 82(2) must be
filled under section 9 of the Act, having regard to the new section
6(1)(a); and
· declare the Board always had power to make by-laws as specified
by section 31(g).
PART 15--AMENDMENT OF PSYCHOLOGISTS ACT
1977
Clause 88 identifies this Part as amending the Psychologists Act 1977.
Clause 89 amends section 4 by replacing the heading, omitting the
definition "Minister", and inserting a definition for "fee".
Clause 90 amends section 7(1) to provide for the Board to be increased
from seven to nine members; omits existing section 7(1)(a) and replaces it
with a new provision in which two of the four persons nominated by the
Minister are to be psychologists and another is to be a psychologist engaged
in teaching psychology in a higher educational institution; and inserts new
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provisions 7(1)(c) and (d) which provide for the two additional positions on
the Board to be filled by a consumer representative and a barrister or
solicitor of the Supreme Court respectively.
Clause 91 inserts a new section 7A which provides a mechanism for the
appointment of persons to the new positions as if to casual vacancies.
Clause 92 amends section 11(2) by increasing the quorum from four to
five members required for convening a meeting of the Board.
Clause 93 amends section 18 to provide for the inclusion of two years
supervised experience in the practice of psychology as a requirement for
registration. The Clause also makes provision for an application for
registration made prior to the commencement of this section to be dealt with
as if this section had not commenced.
Clause 94 omits the existing section 19(1) and inserts a new provision
which allows the Board to conditionally register a person who has the
necessary qualifications but does not have two years of supervised practice.
Clause 95 omits the existing section 38(g) and inserts new provisions
38(g) and (ga) which allow the Board to make by-laws in relation to fees
and allowances payable for the purposes of the Act.
Clause 96 omits the existing section 39 and inserts new sections 39 and
40 which respectively:
· preserve the existing membership of the Board appointed under
section 7(1)(a) prior to the commencement of 90(2) but stipulates
any vacancy occurring in the member's office following the
commencement of 90(2) must be filled under section 10 of the
Act having regard to the new section 7(1); and
· declare that the Board has always had power to make by-laws as
specified in section 38(g).
PART 16--AMENDMENT OF SPEECH THERAPISTS
ACT 1979
Clause 97 identifies this Part as amending the Speech Therapists Act
1979.
14
Clause 98 amends section 4 by replacing the existing heading and the
definition "Board", omitting the definition "Minister" and inserting a new
definition for "fee".
Clause 99 amends section 6(1) by omitting the words "The Speech
Therapists Board of Queensland" and replacing them with "Speech
Pathologists Board". This clause also inserts the following new provisions:
S.6(1A) which states that change of name does not affect the Board's
identity, rights, obligations or the continuation of any legal proceedings by
or against it; and
S.6(1B) which states that any legal proceedings by or against the Board
may be continued or commenced in its new name.
Clause 100 amends section 7(1) to provide for the Board to be increased
from seven to nine members; and inserts new provisions 6(1)(c) and (d)
which provide for the two additional positions on the Board to be filled by a
consumer representative and a barrister or solicitor of the Supreme Court
respectively. The Clause also omits section 7(2).
Clause 101 inserts a new section 7A which provides a mechanism for
the appointment of persons to the new position as if to casual vacancies.
Clause 102 amends section 11(2) by increasing the quorum from four to
five members required for convening a meeting of the Board.
Clause 103 omits the existing section 37(g) and inserts new provisions
37(g) and (ga) which allow the Board to make by-laws in relation to fees
and allowances payable for the purposes of the Act.
Clause 104 omits the existing section 38 which is now covered by the
Statutory Instruments Act 1992.
Clause 105 inserts the following provisions:
Section 38 construes references to the words speech therapy, speech
therapist, therapists, Speech Therapists Board of Queensland, or Speech
Therapists Act 1979 to be references to the words speech pathology, speech
pathologist, speech pathologists, Speech Pathologists Board and Speech
Pathologists Act 1979 respectively. It also provides that a person who was a
speech therapist before commencement of this Clause, is a speech
pathologist after the Clause's commencement; and
Section 39 is a savings provision declaring that the Board has always had
power to make by-laws as specified by 37(g).
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Clause 106 amends the Act by means of Schedule 2, which omits all
references to the words speech therapy, etc and inserts the words speech
pathology, etc in their stead.
PART 17--AMENDMENT OF MEDICAL ACT 1939
Clause 107 identifies this Part as amending the Medical Act 1939.
Clause 108 omits the existing section 3.
Clause 109 amends section 4 by omitting definitions for "By-Laws",
"Minister", "Prescribed" and "This Act"; and inserting definitions for a
number of terms.
Clause 110 inserts the following new sections:
S.4A defines "competent to practise medicine".
S.4B defines "impairment".
Clause 111 omits the heading before section 5.
Clause 112 omits the existing section 5.
Clause 113 amends section 8(1) to provide for the Board to be increased
from seven to nine members; and inserts new provisions 8(1)(iv) and (v)
which provide for the two additional positions on the Board to be filled by a
consumer representative and a barrister or solicitor of the Supreme Court
respectively.
Clause 114 inserts a new section 8A which provides a mechanism for
the appointment of persons to the new positions as if to casual vacancies.
Clause 115 amends section 11(5) by increasing the quorum from four to
five members required for convening a meeting of the Board.
Clause 116 omits the existing section 16(1)(vi) and inserts a new
provision which allows the Board to make by-laws in relation to fees
payable for the purposes of the Act.
Clause 117 omits existing Part 4 and inserts a new Part 4, 4A and 4B,
with Divisions and sections as follows:
16
PART 4--REGISTRATION
Division 1--Qualifications for registration
S.17 establishes the qualifications required for general registration.
S.17A sets out entitlement to conditional registration for interns.
S.17B provides for general or conditional registration based on mutual
recognition of licensing or registration as a medical practitioner elsewhere in
Australia. This Clause also provides for transfer of conditions or restrictions
attaching to the licence or registration elsewhere.
S.17C specifies that the Board may grant conditional registration and
details the categories of persons to whom conditional registration might be
applied in particular circumstances.
S.17D provides for interim registration based on entitlement to
registration under S.17 or conditional registration under S.17A.
S.17E provides for non-practising registration for persons who are
eligible for registration, but who do not intend to practise.
S.17F provides for the imposition of conditions on a person's
registration in the case of impairment and specifies that the conditions may
be reviewed in a timeframe at the Board's discretion.
S.17G establishes that an entitlement to registration does not preclude
conditions being imposed on a registration.
Division 2--Specialists
S.18. provides entitlement for the appropriately trained specialists to
specialist registration.
Division 3--Grounds for refusing registration
S.19. provides that the provisions of this Division override entitlement to
or eligibility for registration as detailed in Divisions 1 and 2.
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S.19A specifies that applicants for registration must be competent to
practise medicine as defined by section 4A of this Act and be of good
character.
S.19B prevents a person from applying for registration if the person has
been previously deregistered and specifies that in order to be reregistered, a
review of the order by which the person was deregistered must be
undertaken.
S.19C provides that registration may be refused if the applicant has been
convicted of an offence. The Clause also provides that the Board is to take
the nature and circumstances of the offence into account when making such
decisions.
S.19D specifies that an application for registration may be refused if the
applicant has been deregistered in another jurisdiction as prescribed in
subsection (2).
Division 4--Suspension of registration for the protection of the public
S.20 provides the Board with powers to suspend or impose conditions
on a registered practitioner where such action is necessary to protect the life
or physical or mental health of a person. The Board must refer the matter to
the Tribunal together with details of action taken.
S.20A allows the Board to extend a period of suspension, in 30 day
periods, if the matter has not been disposed of.
S.20B provides for restoration of a person's rights and privileges on the
expiry of a period of suspension, subject to an order of the Tribunal.
S.20C provides that conditions imposed under this Division have effect
until the matter has been dealt with, and that other conditions being imposed
are not precluded.
Division 5--Appeals
S.21 allows a person to appeal within 28 days to the Tribunal against
certain determinations of the Board.
S.21A specifies that the appeal is to be lodged with the Registrar.
18
S.21B specifies that the manner in which an appeal arising from an
inquiry by the Board is to be handled.
S.21C limits the effect of a pending appeal on any determination.
S.21D specifies the ways in which the Tribunal determines an appeal.
Division 6--Notification to medical registration authorities
S.22 specifies that the Board must give registration authorities in other
jurisdictions information in such detail as it sees fit, in relation to
complaints, orders, deregistrations and imposition of conditions.
PART 4A--REGISTRATION PROCEDURES
Division 1--Applying for registration
S.23 provides for the manner of application for registration.
S.23A makes provision for application fees.
S.23B requires an application to be supported by evidence as the Board
requires.
S.23C imposes a time period, ie 3 months, in which an application is to
be considered and determined, otherwise a right of appeal exists. The
Clause also provides for a longer time period by mutual agreement with the
applicant.
Division 2--Dealing with applications
S.24 specifies that the Board's actions in considering and determining
applications.
S.24A specifies that applicants are to be told of the Board's decision as
soon as practicable.
S.24B specifies the manner in which a person is registered.
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S.24C specifies the conditions which may be imposed at the time of
registration.
Division 3--Inquiries
S.25 allows the Board to hold an inquiry into an applicant's eligibility to
be registered.
S.25A specifies that the Board must hold an inquiry if is not satisfied as
to an applicant's eligibility for registration.
S.25B empowers the Board to appoint a Committee of Assessors to
conduct an inquiry.
S.25C requires the Committee of Assessors to determine the time and
place of an inquiry and to give the applicant concerned 14 days written
notice of the inquiry.
S.25D gives a person who is the subject of an inquiry the right to attend
and be accompanied by a legal or other adviser, but not to be represented by
such adviser.
S.25E allows the Board to require an applicant for registration to undergo
a medical examination.
S.25F requires the Committee of Assessors to advise the Board as to the
applicant's eligibility, on completion of the inquiry.
S.25G requires the Board to provide a person who is the subject of the
inquiry with a written statement of the decision.
Division 4--Keeping and alteration of the Register
S.26 provides that the Board is to keep the Register, which is to be
available for inspection and search, for a fee.
S.26A provides for additional information, as approved by the Board,
may be recorded in the Register.
S.26B specifies the manner in which a name is removed from the
Register.
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S.26C allows the Board to require the surrender of certificates by a
person whose name is removed from the Register.
S.26D clarifies a reference to making a recording in the Register.
Division 5--Annual registration fees
S.27 prescribes the payment of an annual registration fee by a
practitioner.
S.27A requires the Board to notify a practitioner who has failed to pay
the fee by the due date of the consequences of failure to pay by a further
date specified. The Clause also empowers the Board to remove from the
Register the name of any fee defaulter.
S.27B provides that a person is entitled to restoration to the Register if he
or she subsequently pays outstanding fees, plus a late fee, which is applied
after 3 months. The Clause also provides that such restoration is on the
same terms and conditions as applied to the person's registration
previously.
S.27C provides that the Board can waive a registration fee.
S.27D outlines how a registered medical practitioner ceases to be
registered.
Division 6--The practice of medicine
S.28 preserves the right to practise medicine to medical practitioners and
prescribes the parameters of that right.
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PART 4B--REMOVAL FROM AND ALTERATION OF
THE REGISTER
Division 1--General powers to remove from or alter the Register
S.30 empowers the Board to remove from the Register in specified
circumstances the name of a person.
S.30A empowers the Board to amend any incorrect particular on the
Register.
S.30B allows the Board to remove a person's name from the Register if
he or she has died, or if the practitioner requests his or her name to be so
removed.
S.30C allows the Board to remove a person's name from the Register
pursuant to an order of the Tribunal or Supreme Court.
S.30D allows the Board to hold an inquiry into a practitioner's eligibility,
to remain registered, on the basis of fitness or competence to practise
medicine.
S.30E provides that the Board may appoint a Committee of Assessors to
conduct an inquiry.
S.30F requires the Committee of Assessors to fix the time and place for
the inquiry and notify the practitioner accordingly.
S.30G gives the practitioner the right to attend an inquiry with a legal or
other adviser, but not to be represented by such adviser.
S.30H empowers the Board to require a practitioner to undergo a medical
examination before or during an inquiry.
S.30I requires the Committee of Assessors to advise the Board of its
decision as to the practitioner's eligibility to remain registered.
S.30J requires the Board to provide the practitioner with a written
statement of the decision, within one month.
S.30K empowers the Board to remove a practitioner's name from the
Register or impose conditions on a practitioner's registration, based on the
result of the inquiry.
S.30L requires the Board to give the practitioner concerned notice of
action taken.
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S.30M provides for appeal rights for a person de-registered or whose
Register details have been altered.
Division 2--Powers resulting from action under foreign law
S.31 defines "foreign law".
S.31A sets out the Board's powers when a registered practitioner has
been removed from a register or roll under foreign law.
S.31B sets out the Board's powers when a registered practitioner has had
conditions imposed on registration etc under a foreign law.
S.31C provides that any action under this Division must be notified to
the medical practitioner concerned before it can take effect.
S.31D provides appeal rights in respect to action taken by the Board
under this Division, but only in relation to an action in which the Board
exercises a discretion. The Clause also outlines the Tribunal's actions on
appeal.
Division 3--Review of suspension, deregistration or conditions
S.32 provides a person with a right of review to an appropriate review
body when the person: is suspended, or has his or her name removed from
the Register, pursuant to an order of the Board, Tribunal or Supreme Court;
or is subject to an order made under this Division. The Clause also outlines
the circumstances when an application for review may not be made.
S.32A provides that the Tribunal is the appropriate review body except
when the order under review nominates the Board for that role.
S.32B outlines the powers which the appropriate review body has in
relation to an inquiry. The Clause also defines "reinstatement order".
Clause 118 inserts a new Parts 12 and 13 as follows:
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PART 12--MISCELLANEOUS
S.86 provides for the making of regulations by Governor in Council.
PART 13--SAVINGS AND TRANSITIONALS
S.87 is a savings provision declaring that the Board always had power to
make by-laws under section 16(1)(vi).
S.88 recognises pre-existing registration, and registration with limitations
and conditions.
S.89 defines "foreign medical practitioner".
S.90 sets out the grounds for deregistration of a foreign medical
practitioner.
S.91 requires the Board to give a foreign medical practitioner an
opportunity to establish that he or she is not liable to deregistration.
S.92 provides that a foreign medical practitioner removed from the
Register for non payment of annual registration fees is not entitled to
reregistration by payment of outstanding fees alone, but also must satisfy
the Board that he or she is not liable for deregistration or there is good
reason why the entitlement to reregistration should not be lost.
S.93 empowers the Board to register a foreign medical practitioner with
conditions, in certain circumstances.
S.94 empowers the Board to register a foreign medical practitioner, in
circumstances as detailed.
S.95 saves regulations made under section 5.
Clause 119 omits the First Schedule.
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© The State of Queensland 1992