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Health Practitioner Registration Boards (Administration)
HEALTH PRACTITIONER
REGISTRATION BOARDS
(ADMINISTRATION) BILL 1999
EXPLANATORY NOTES
GENERAL OUTLINE
Policy Objectives of the Bill
The primary objective of the Bill is to facilitate the provision of
responsive administrative and operational support to the health practitioner
registration boards.
Currently, administrative and operational support is provided to the 11
health practitioner registration boards by a collective secretariat attached to
Queensland Health known as the Office of the Health Professional
Registration Boards. The secretariat comprises the Registrar of the boards,
who is a Queensland Health employee appointed under the Medical Act and
Other Acts (Administration) Act 1966, and staff who are also Queensland
Health employees. The secretariat is linked to the Department for certain
administrative purposes, but is otherwise not a formal part of the
departmental structure.
There are no formal service agreements between the boards and
Queensland Health setting out the nature and level of support to be provided
to the boards through the secretariat. The salaries of the Registrar and the
secretariat staff are paid by the Department and then reimbursed by the
boards. The boards share other administrative expenses associated with the
secretariat. These cost sharing/reimbursement arrangements are based on a
formula prescribed by the Medical Act and Other Acts (Administration)
Regulation 1994.
These arrangements have proven to be inflexible and unresponsive to the
needs of the boards. This Bill replaces the current arrangements with an
administrative model designed to address the deficiencies of the current
arrangements and to promote efficient service delivery to the boards.
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Health Practitioner Registration Boards (Administration)
How the policy objectives will be achieved
The policy objective of the Bill will be achieved principally by
establishing an independent statutory body known as the Office of Health
Practitioner Registration Boards (the Office). The Office will comprise an
Executive Officer and staff of the Office. The core business of the Office
will be to provide support services to the registration boards in accordance
with service agreements negotiated with each board.
This model addresses the operational difficulties of the current
administrative arrangements by:
· facilitating an arms length relationship between the administration
of the boards and Queensland Health. The Office will be
established as a public service office under the Public Service Act
1996, and will operate independently of Queensland Health.
· establishing clear reporting and accountability relationships for
staff servicing the boards. Under the arrangements established by
this Bill, the staff of the Office will report to the Executive
Officer, who in turn will be accountable to the Minister and to the
boards under the service agreements negotiated with each board.
· providing autonomy and flexibility for the boards in staffing and
other organisational decision-making processes. Through the
mechanism of service agreements, the boards will have greater
ability to negotiate flexible and appropriate staffing and
administrative arrangements to meet their particular needs. Under
the arrangements established by this Bill, the Executive Officer
will have the ability to develop and implement appropriate policies
and protocols, and to expedite the creation of positions and
appointment of staff to service the boards' needs as stipulated
under their respective service agreements.
A combined administrative structure offers additional advantages to the
boards including:
· economies of scale, especially for smaller boards who would face
higher costs in establishing and maintaining autonomous
administrative arrangements;
· ensuring consistency in common administrative practices, for
example, processing registration applications and renewals;
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Health Practitioner Registration Boards (Administration)
· mutual support for boards during the implementation of the health
practitioners legislative scheme. For example, the new
administrative arrangements offer valuable opportunities for
boards to develop consistent and coordinated responses to
implementation issues such as the design of shared administrative
systems, developing appropriate policies and protocols and
obtaining advice about the operation and application of the health
practitioners legislation.
For these reasons, participation in the administrative arrangements
established by the Bill is mandatory for all health practitioner registration
boards (except in limited circumstances specified by the Bill). Participation
by all boards in the combined administrative structure is necessary to
maintain the long-term viability, accountability and potential for economies
of scale of these arrangements.
The administrative arrangements established by the Bill will ensure that
the boards receive responsive administrative and operational support. The
provision of an appropriate level of support will assist the boards to function
efficiently and effectively as key components of a regulatory system aimed
at protecting the public and ensuring that health care is delivered in a safe,
competent and professional manner.
Estimated cost for Government implementation
As the establishment of the Office will replace the current secretariat, the
transition to the new administrative arrangements will be cost neutral to the
Government.
Consistency with Fundamental Legislative Principles
The Bill is consistent with the fundamental legislative principles set out in
the Legislative Standards Act 1992.
Consultation
The Bill is the result of an unprecedented public consultation process
undertaken as part of the Review of Medical and Health Practitioner
Registration Acts. The public consultation process commenced with the
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Health Practitioner Registration Boards (Administration)
release of the Medical Act Information Paper in 1993. This was followed
by the release of discussion papers (and 10 attachments) on the Review of
Health Practitioner Registration Acts and the Review of the Medical Act in
September 1994. Queensland Health distributed 3000 copies of the
discussion papers and received 197 submissions in response to them.
This was followed by the release of a Draft Policy Paper: Review of
Medical and Health Practitioner Registration Acts in September 1996. The
Draft Policy Paper put forward, for public comment, the preferred policy
framework for the new health practitioner legislation. Queensland Health
distributed over 2000 copies of the Draft Policy Paper and received 252
submissions in response to it. For the purpose of clarifying issues raised in
submissions to the Draft Policy Paper, the Review undertook targeted
consultations with 31 key stakeholders (principally the registration boards
and peak professional and consumer associations) over a five month period
in 1997.
In February 1999, the Review conducted targeted consultation on an
exposure draft of the Bill with key stakeholders, including the registration
boards, peak health professional associations, State Public Sector Federation
Queensland, two consumer organisations, the Health Rights Commissioner
and the Office of the Health Professional Registration Boards.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Act.
Clause 2 provides that the Act commences on a day to be fixed by
proclamation.
Clause 3 sets out the main object of the Act. The object is to establish
administrative arrangements to help the health practitioner registration
boards to perform their functions. These functions are primarily set out
under the relevant heath practitioner registration Act, the Health
Practitioners (Professional Standards) Act 1999 and the Medical Act and
Other Acts (Administration) Act 1966. Clause 3 also provides that the
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Health Practitioner Registration Boards (Administration)
object of the Act is to be achieved principally by establishing the Office of
Health Practitioner Registration Boards. The term `health practitioner
registration board' is defined in the dictionary in the schedule to the Act.
Clause 4 provides that particular words used in the Act are defined in the
dictionary in the schedule to the Act (located at the end of the Act).
Clause 5 explains that the Act forms part of a legislative scheme and is to
be read in conjunction with the other legislation comprising the scheme,
namely the health practitioner registration Acts, the Health Practitioners
(Professional Standards) Act 1999 and the Medical Act and Other Acts
(Administration) Act 1966. The health practitioner registration Acts are
specified in the definition of this term which appears in the dictionary in the
schedule to the Act.
Clause 6 provides that the Act binds the State.
PART 2--OFFICE OF HEALTH PRACTITIONER
REGISTRATION BOARDS
Division 1--Establishment
Clause 7 establishes an independent statutory body known as the Office
of Health Practitioner Registration Boards which comprises an executive
officer and staff. The terms `executive officer' and `office' are defined in
the dictionary in the schedule to the Act.
Division 2--Office's function
Clause 8 sets out the function of the office. The office's function is
provide the administrative and operational support necessary or convenient
to help each board to perform its functions. The terms `administrative and
operational support' and `board' are defined in the dictionary in the schedule
to the Act.
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Health Practitioner Registration Boards (Administration)
Having regard to the definition of `administrative and operational
support', the office's function includes:
· providing general administrative support to the boards, including
secretariat services
· maintaining the boards' registers
· collecting moneys payable to the boards and managing and
disbursing board funds for the boards
· providing and maintaining accommodation and equipment for use
by the boards
· providing and/or arranging for the provision of advice (including
legal advice) to the boards
· helping the boards to meet their statutory financial obligations, for
example, to prepare annual financial statements and annual reports
· performing other functions conferred on the executive officer or
staff or delegated by the boards under the health practitioner
registration Acts--for example, inspectorial functions under the
Medical Act and Other Acts (Administration) Act 1966 or
investigating complaints against registrants under the Health
Practitioners (Professional Standards) Act 1999.
Division 3--Minister's powers in relation to office
Clause 9 specifies the Minister's powers in relation to the office. To
enhance the accountability of the office, the Minister has the power to direct
the executive officer in relation to the administration and operation of the
office. The Minister may give a written direction under this provision,
including a direction to provide reports and information, if the Minister is
satisfied that it is necessary in the public interest to do so. The executive
officer must comply with the Minister's direction.
The Minister's powers in relation to the office are balanced by a
requirement to publicly report on directions given under this provision. The
reporting requirement, which applies to all Ministerial directions given to the
executive officer under this Act, is set out in clause 32 below.
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Health Practitioner Registration Boards (Administration)
Division 4--The executive officer
Clause 10 provides for the statutory appointment of `executive officer'.
The executive officer is appointed by the Governor-in-Council for a term
not exceeding five years. The Public Service Act 1996 does not apply to the
appointment of `executive officer'. This means that the executive officer is
not a public service employee.
Clause 11 contains appointment provisions for a Governor-in-Council
appointment. In practice, the executive officer could be appointed on terms
and conditions equivalent to those of a similarly classified senior public
servant.
Clause 12 sets out the executive officer's functions. The effect of this
clause is to vest control of the office in the executive officer and to make the
executive officer responsible and accountable for ensuring that the office
functions efficiently and effectively. However, it should be noted that the
executive officer is subject to the Ministerial power of direction in relation to
the administration and operation of the office discussed in clause 9 (above).
Clause 12 provides examples of the scope of the executive officer's
responsibilities under this clause, including management responsibilities;
ensuring the office complies with its statutory financial obligations;
negotiating and implementing service agreements; and providing orientation
training to new board members about their role and the legislative scheme.
The executive officer may also perform other functions given to or
conferred on the executive officer under another Act, for example under the
Health Practitioners (Professional Standards) Act 1999. The term `service
agreement' is defined in the dictionary in the schedule to the Act.
Clause 13 gives the executive officer power to do anything necessary or
convenient for the performance of the office's function under clause 8 and
the executive officer's functions under clause 12, including power to enter
into a service agreement with a board and to engage external service
providers. This provision enables the executive officer to enter into a range
of contractual arrangements such as lease agreements for accommodation
and equipment. The executive officer may also exercise other powers
conferred on the executive officer under another Act, for example under a
health practitioner registration Act.
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Health Practitioner Registration Boards (Administration)
Clause 14 provides that the executive officer represents the State. This
means that when performing a function or exercising a power under this
Act, the executive officer acts for the State.
Clause 15 provides for the delegation of the executive officer's powers
under this Act (excluding the power to enter into a service agreement with a
board) to an appropriately qualified member of staff of the office.
Subclause 15(3) requires the recipient of a delegation under this provision to
have appropriate qualifications, experience or standing.
Clause 16 provides for the resignation of the executive officer by giving
signed notice to the Minister.
Clause 17 sets out the circumstances in which the Governor-in-Council
may terminate the executive officer's appointment. This provision operates
in addition to Part 8 of the Public Service Act 1996, as it applies to the
executive officer.
Clause 18 sets out the rights and entitlements of a person who, prior to
being appointed as executive officer, was a public service officer under the
Public Service Act 1996. The effect of clause 18 is to preserve the rights,
such as long service leave entitlements, that have and would accrue to the
person in his or her capacity as a public service officer. Clause 18 also
entitles the person to be employed as a public service officer, on specified
conditions, at the end of the person's term of appointment as executive
officer or on resignation. For the purpose of determining these rights and
entitlements, the person's service as executive officer is treated as service of
a like nature in the public service.
Clause 19 sets out the superannuation entitlements of a person who,
immediately prior to being appointed as executive officer, was a public
service officer and a member of the State Public Sector Superannuation
Scheme. The effect of clause 19 is to preserve the person's eligibility for
membership of the State Public Sector Superannuation Scheme. If a
non-public servant is appointed as executive officer and wishes to participate
in the State Public Sector Superannuation Scheme, the Superannuation
(State Public Sector) Notice 1996 may be amended to include the executive
officer.
Clause 20 sets out the circumstances in which the Minister may appoint a
person to act as executive officer.
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Health Practitioner Registration Boards (Administration)
Division 5--Staff of the Office
Clause 21 provides that the office's staff are to be employed under the
Public Service Act 1996. This means that the staff of the office will have
status as public service employees.
PART 3--OFFICE'S RELATIONSHIP WITH THE
BOARDS
Division 1--Administrative and operational support to the boards
Clause 22 sets out the office's obligation to provide administrative and
operational support to each board. The office must provide such support
according to the terms of a service agreement between the executive officer
and each board. Division 2 of this Part specifies form and content
requirements for service agreements.
It should be noted that the provision of administrative and operational
support to the boards during the transition to the new arrangements
established by the Act is dealt with in Parts 5 and 6 of the Act (discussed
below).
Clause 23 sets out the obligation of each board to obtain all of its
administrative and operational support from the office. To remove any
doubt, subclauses 23(2) and 23(3) provide that this obligation does not
affect the boards' powers to:
· establish a committee, for example, an advisory committee under
the health practitioner registration Acts or an investigation
committee under the Health Practitioners (Professional
Standards) Act 1999
· appoint an inspector or an investigator under the Health
Practitioners (Professional Standards) Act 1999
· engage a person to carry out a health assessment of a registrant
under the Health Practitioners (Professional Standards) Act
1999
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Health Practitioner Registration Boards (Administration)
· engage a person to provide expert advice to a board under the
Health Practitioners (Professional Standards) Act 1999; and
· receive advice or information from a board member.
Subclause 23(4) also permits a board to engage a person to help the
board in negotiating a service agreement with the office. This provision
addresses concerns that it would not be appropriate for boards to rely on
support from staff employed by the office in negotiations with the executive
officer for a service agreement.
Clause 24 provides a limited exception to the requirement that all boards
must participate in the combined administrative arrangements established by
the Act. In circumstances where the Minister is satisfied that the office is
unable to provide an appropriate level of administrative and operational
support to a board, the Minister may authorise the board to obtain support
services from another source approved by the Minister.
An appropriate level of administrative and operational support is the
support necessary to help a board to perform its functions under the relevant
health practitioner registration Act, the Medical Act and Other Acts
(Administration) Act 1966, the Health Practitioners (Professional
Standards) Act 1999 or any other Act (for example, the Financial
Administration and Audit Act 1977 which imposes financial obligations on
certain statutory bodies). In order to determine what constitutes an
appropriate level of support for a board, regard must be had to the board's
particular functions.
The exception provided by this clause is limited to circumstances in
which:
(a) there is an existing service agreement between the executive
officer and the board concerned. The term `existing service
agreement' is defined in the dictionary in the schedule to the Act.
The exception is not available in circumstances where the
executive officer and a board are merely negotiating an initial or
subsequent service agreement. These circumstances are
addressed in clauses 29 and 38 (discussed below); and
(b) the office cannot adequately accommodate the board's reasonable
needs. The exception is not intended to allow the boards to seek
to obtain an unrealistic or unwarranted level of support from
either the office or from another source.
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Health Practitioner Registration Boards (Administration)
This intention is reflected in subclause 24(2) which sets out the criteria
the Minister must consider when determining whether the office is unable to
provide an appropriate level of support to the board concerned. These
criteria provide an objective means of determining the board's reasonable
needs (and therefore what constitutes an appropriate level of support for that
particular board) and the extent to which the office can accommodate those
needs.
Clause 25 provides the Minister with power to direct the executive officer
and/or the board concerned for the limited purpose of giving effect to an
authorisation under clause 24. The executive officer and/or the board (as the
case may be) must comply with the direction. The Minister's powers under
this clause are balanced by a requirement to publicly report on directions
given under this provision. The reporting requirements are set out in clause
32 (in relation to the executive officer) and clause 44 (in relation to the
boards) below.
Division 2--Form of Service Agreements
Clause 26 requires a service agreement to be in writing.
Clause 27 sets out the matters which must be addressed in a service
agreement. A service agreement must state anything which the executive
officer and a board consider necessary to ensure the provision of the
administrative and operational support necessary to help the board to
perform its functions.
Subclause 27(2) identifies the `core' matters which must be addressed in
a service agreement. These matters include the term of the agreement (not
exceeding three years); the nature and level of service delivery to be
provided by the office to a board; the amount payable to the office for the
provision of its services; financial reporting arrangements and performance
measures. These are the minimum matters considered necessary to
facilitate the provision of an appropriate level of administrative and
operational support to a board. There is nothing to prevent the executive
officer and a board from including additional matters in a service agreement.
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Health Practitioner Registration Boards (Administration)
Division 3--Negotiation of subsequent service agreements
Division 3 sets out procedures for negotiating service agreements other
than the first service agreements entered into between the executive officer
and a board after the commencement of the Act. These procedures are
designed to ensure that negotiations between the executive officer and the
boards do not become protracted and to avoid a situation where the existing
service agreement lapses without a subsequent service agreement to replace
it. The procedures for negotiating initial service agreements are dealt with in
Part 5 of the Act (discussed below).
Clause 28 requires the executive officer and each board to commence
negotiations for a subsequent service agreement by no later than three
months before the existing service agreement expires. Subclause 28(2)
requires both the executive officer and the board to attempt to agree on the
terms of a subsequent service agreement by no later than one month before
the existing service agreement expires.
Clause 29 sets out what happens if the executive officer and a board are
unable to comply with the requirement contained in subclause 28(2). The
executive officer must immediately inform the Minister that the executive
officer and the board are unable to reach agreement on the terms of a
subsequent agreement. Upon receiving the executive officer's notification,
the Minister may direct the executive officer and/or the board in relation to
the subsequent service agreement. The executive officer and/or the board
(as the case may be) must comply with the Minister's direction
immediately. The Minister's powers under this clause are balanced by a
requirement to publicly report on directions given under this provision. The
reporting requirements are set out in clause 32 (in relation to the executive
officer) and clause 44 (in relation to the boards) below.
PART 4--MISCELLANEOUS
Clause 30 provides that the office is a statutory body for the purpose of
the Financial Administration and Audit Act 1977 (`the FA&A Act'). The
effect of clause 30 is to apply the provisions of the FA&A Act, which deals
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Health Practitioner Registration Boards (Administration)
with the financial administration and audit of statutory bodies, to the office.
For example, under the FA&A Act the office will be required to prepare
annual financial statements and an annual report. Subclause 30(2) clarifies
the operation of the FA&A Act in relation to the office and the executive
officer.
Clause 31 provides that the office is a statutory body for the purpose of
the Statutory Bodies Financial Arrangements Act 1982 (`the SBFA Act').
The effect of clause 31 is to apply the provisions of the SBFA Act to the
office. For example, the SBFA Act gives the office power to operate a
deposit and withdrawal account with a financial institution to the extent
necessary or convenient for its day-to-day operations. In order to operate
such an account with an overdraft facility, the SBFA Act requires the office
to obtain the Treasurer's approval to do so. Subclause 31(2) clarifies the
operation of the SBFA Act in relation to the office and the executive officer.
Clause 32 requires that copies of all Ministerial directions given to the
executive officer under this Act during a financial year must be included in
the office's annual report for that financial year.
Clause 33 requires the operation of the Act to be reviewed. It is intended
that the review will include an assessment of:
· the effectiveness and responsiveness of the administrative
arrangements established by the Act
· the relative merits of alternative means of providing
administrative and operational support to the boards; and
· the continued need for the administrative arrangements
established under the Act.
The review is the appropriate forum for determining whether the boards
should ultimately have the discretion to pursue independent administrative
arrangements.
The review must commence within three years after the start of the initial
service agreements under Part 5 of the Act. The Minister must prepare and
table a report on the outcome of the review within four years after the start
of the initial service agreements.
Clause 34 provides that the Governor-in-Council may make regulations
under the Act.
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Health Practitioner Registration Boards (Administration)
PART 5--TRANSITIONAL PROVISIONS
Part 5 of the Act sets out procedures and timeframes for negotiating the
first service agreements entered into between the executive officer and a
board after the commencement of the Act. This Part requires all initial
service agreements to start within six months of the commencement of
clause 37 (discussed below). These procedures and associated timeframes
are designed to facilitate prompt implementation of the administrative
arrangements established by the Act and to minimise any potential
disruption to board services that could arise if negotiations between the
executive officer and the boards become protracted during the
implementation phase.
Clause 35 sets out what the terms `existing board', `existing health
practitioner registration Act' and `initial service agreement' mean for the
purposes of Part 5 of the Act.
Clause 36 provides that a board's functions under the relevant health
practitioner registration Act include the function of entering into service
agreements with the executive officer under this Act. Subclause 36(2)
provides the board with all the powers necessary or convenient to enter into
service agreements.
Clause 37 requires the executive officer and each board to enter into
negotiations for an initial service agreement as soon as possible after this
provision has commenced operation. It is intended that clause 37 will
commence operation on, or shortly after, the appointment of the first
executive officer. The commencement of this clause is relevant to the
timeframe for negotiating initial service agreements under this Part.
Clause 38 sets out what happens if the executive officer and a board are
unable to reach agreement on the terms of an initial service agreement
within four months after the commencement of clause 37. The executive
officer must immediately inform the Minister if the executive officer and the
board are unable to reach agreement on the terms of an initial agreement.
Upon receiving the executive officer's notification, the Minister may direct
the executive officer and/or the board in relation to the initial service
agreement. The executive officer and/or the board (as the case may be)
must comply with the Minister's direction immediately. The Minister's
powers under this clause are balanced by a requirement to publicly report on
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Health Practitioner Registration Boards (Administration)
directions given under this provision. The reporting requirements are set
out in clause 32 (in relation to the executive officer) and clause 44 (in
relation to the boards).
Clause 39 requires that the initial service agreements for each board must
have a uniform start date. From an administrative perspective and due to
the operation of the Medical Act and Other Acts (Administration) Act 1966,
it is essential that all the initial service agreements start at the same time.
Subclause 39(2) specifies the timeframe within which the initial service
agreements must start, namely within six months after the commencement
of clause 37. However, if the executive officer and the boards settle the
terms of the initial service agreements well in advance of this time, the
agreements may start on an earlier day. For this purpose, the Minister must
fix the earlier day by gazette notice.
Clause 40 sets out transitional arrangements for the provision of
administrative and operational support to the boards pending the start of the
initial service agreements. These arrangements will ensure continuous
service provision to the boards during the transition from the current
arrangements to the start of the initial service agreements under clause 39 of
the Act. It should be noted that clause 40 operates in conjunction with
subclause (3) of the transitional provision set out in clause 45, discussed
below.
In summary, the transitional arrangements:
· apply despite the office's obligation under clause 22 to provide
administrative and operational support to each board under a
service agreement
· apply only for the duration of the `transition period'. The term
`transition period' is defined in subclause (4) to mean the period
from the commencement of clause 10 (which provides for the
appointment of the executive officer) to the start of the initial
service agreements under clause 39; and
· require the office to provide the specified level of administrative
and operational support.
These requirements will minimise any potential disruption to board
services and ensure that boards receive an appropriate level of support to
meet their new/additional responsibilities under the Health Practitioners
(Professional Standards) Act 1999 during the transition period.
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Health Practitioner Registration Boards (Administration)
PART 6--AMENDMENT OF MEDICAL ACT AND
OTHER ACTS (ADMINISTRATION) ACT 1966
Clause 41 provides that Part 6 amends the Medical Act and Other Acts
(Administration) Act 1966 (`the MA&OAA Act'). The MA&OAA Act
prescribes the current cost-sharing/reimbursement arrangements for certain
expenses incurred by the boards, and provides for the statutory appointment
of registrar. The amendments made under this Part will assist the
implementation of the new administrative arrangements established under
this Act.
Clause 42 replaces section 4A of the MA&OAA Act with two
provisions dealing with the appointment of the registrar and delegation of
the registrar's powers. The first replacement provision, section 4A,
provides that the executive officer is the registrar for each board. It provides
that a reference to the registrar in a health practitioner registration Act is
taken to be a reference to the executive officer, and further, that the health
practitioner registration Acts have effect subject to this provision.
The second replacement provision, section 5, provides for delegation of
the registrar's powers under the health practitioner registration Acts or under
the MA&OAA Act to an appropriately qualified member of staff of the
office. Subclause (2) requires the recipient of a delegation under this
provision to have appropriate qualifications, experience or standing.
It is intended that clause 42 will commence operation upon the
appointment of the first executive officer.
Clause 43 omits section 8 of the MA&OAA Act. The delegation
provision inserted into the MA&OAA Act under clause 42 (above) will
enable the executive officer to continue to utilise deputy registrars.
Clause 44 inserts an additional subsection in section 11B of the
MA&OAA Act to require that copies of all Ministerial directions given to a
board under this Act during a financial year must be included in the board's
annual report for that financial year.
Clause 45 inserts a transitional provision in the MA&OAA Act which
sets out arrangements for the period from the appointment of the first
executive officer to the start of the initial service agreements.
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Health Practitioner Registration Boards (Administration)
In summary, the transitional arrangements:
· provide that the person who holds office as registrar under section
4A of the MA&OAA Act immediately before the
commencement of clause 42, ceases to hold office on the
commencement of that clause. (This is consistent with the
amendment contained in clause 42 which appoints the executive
officer as registrar of each of the boards); and
· establish interim funding arrangements for the office pending the
start of the initial service agreements under clause 39. The effect
of these interim funding arrangements is to preserve the
cost-sharing/reimbursement arrangements prescribed by section 4
of the Act and the Medical Act and Other Acts (Administration)
Regulation 1994, for the transition period (which is defined to
mean the period from the commencement of clause 10 of this Act
to the start of the initial service agreements under clause 39).
In the absence of these arrangements, the office would not have access to
funds to cover its operating expenses and staff salaries during this period.
Once the initial service agreements start, the office will become fully
self-funded from payments from the boards under the service agreements.
It should be noted that subclause (3) of the provision operates in conjunction
with clause 40 (discussed above).
PART 7--AMENDMENT OF THE PUBLIC SERVICE
ACT 1996
Clause 46 provides that Part 7 amends the Public Service Act 1996.
Clause 47 amends Schedule 1 of the Public Service Act 1996 to include
reference to the office and the executive officer. The effect of clause 47 is to
declare the office to be a public service office and the executive officer to be
the head of the office. This means that the office will operate as an
independent agency within the Queensland Public Service, and will operate
independently of Queensland Health. As the declared head of the office, the
executive officer will have the relevant responsibilities, obligations and
authority of a chief executive under the Public Service Act 1996 in relation to
the office's staff. Accordingly, the office will function within the
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Health Practitioner Registration Boards (Administration)
parameters of the legislation, awards and industrial instruments and
processes that apply to the Queensland Public Service, including the Public
Service Act 1996, Public Service Regulation 1997, Public Service
Management and Employment Regulation 1988, and Public Service
Awards and Agreements.
© The State of Queensland 1999