HEALTH PRACTITIONERS LEGISLATION AMENDMENT BILL 2005 Explanatory Notes

Queensland Bills Explanatory Notes

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HEALTH PRACTITIONERS LEGISLATION AMENDMENT BILL 2005

1 Health Practitioners Legislation Amendment Bill 2005 Health Practitioners Legislation Amendment Bill 2005 Explanatory Notes Title of the Bill Health Practitioners Legislation Amendment Bill 2005 Objectives of the Bill The objective of the Bill is to delegate the Minister for Health's power under section 135 of the Medical Practitioners Registration Act 2001 to decide an "area of need" to the Executive Officer of the Office of the Health Practitioner Registration Boards ("OHPRB"). Areas of need are declared when there are insufficient medical practitioners operating in a particular area to provide services at a level that meets the needs of the people. Special purpose registrations under this `area of need' category enable the Medical Board of Queensland to register persons without qualifications required for general registration in Queensland (that is, qualifications that were not obtained from either an Australian or New Zealand medical school). The Bundaberg Hospital Commission of Inquiry released an Interim Report on 10 June 2005 identifying that the criteria applied to assessing area of need applications were not sufficiently rigorous. The report made a suggestion that the Minister consider whether it would be more appropriate to delegate the role of deciding areas of need to the OHPRB. The Government assessed the Commission of Inquiry's suggestion and developed some new administrative arrangements to add rigour into the process for deciding areas of need. As a way of removing perceptions of a conflict of interest in Queensland Health deciding areas of need, the Government decided that the function is to be delegated to the OHPRB.

2 Health Practitioners Legislation Amendment Bill 2005 Achievement of the Objectives The objective is to be achieved through amendment of the Medical Practitioners Registration Act 2001 and the Health Practitioner Registration Boards (Administration) Act 1999 to enable the Minister to delegate the power to decide an area of need to the Executive Officer of the OHPRB, and for the Executive Officer of the OHPRB to accept the Minister's delegation. Alternative Ways of Achieving Policy Objectives The only way the objective dealt with in the Bill can be effected is by amendment to legislation. Estimated Cost for Government Implementation Recurrent funding of $330,000 per annum has been approved for the OHPRB to meet the costs of implementing these arrangements. Consistency with Fundamental Legislative Principles The Bill is consistent with Fundamental Legislative Principles. Consultation The Australian Medical Association (Queensland branch) supports the delegation of decisions about areas of need to the OHPRB. Notes on Provisions Part 1 - Preliminary Clause 1 sets out the short title of the Bill as the Health Practitioners Legislation Amendment Bill 2005. Clause 2 provides foMr the Bill to commence on 1 January 2006.

3 Health Practitioners Legislation Amendment Bill 2005 Part 2 - Amendment of Health Practitioner Registration Boards (Administration) Act 1999 Clause 3 specifies that this part amends the Health Practitioner Registration Boards (Administration) Act 1999. Clause 4 amends section 8 of the Health Practitioner Registration Boards (Administration) Act 1999 to insert a new function of the office, being to help the Executive Officer to perform his or her functions and exercise his or her powers. This will ensure that the functions of the office include capacity for the office staff to support the Executive Officer in performing the role of deciding areas of need. Clause 5 amends section 13 of the Health Practitioner Registration Boards (Administration) Act 1999 to enable the Executive Officer to exercise a power delegated to him or her under section 135 of the Medical Practitioners Registration Act 2001. This ensures that the Executive Officer has capacity to receive the delegation from the Minister and act under the delegation to perform the role of deciding areas of need. Clause 6 amends section 15 of the Health Practitioner Registration Boards (Administration) Act 1999 to specifically prohibit the Executive Officer from delegating the power to decide an area of need to another member of the office's staff. Part 3 - Amendment of Medical Practitioners Registration Act 2001 Clause 7 specifies that this part amends the Medical Practitioners Registration Act 2001. Clause 8 amends section 135 of the Medical Practitioners Registration Act 2001 to enable the Minister to delegate the Minister's power under this section to decide "areas of need" to the Executive Officer without limiting the Minister's power under another law to delegate to someone else. This will ensure that the Minister's constitutional powers of delegation under the Constitution of Queensland 2001 are not fettered.

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