HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999

Queensland Consolidated Acts

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HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

Division 1--Introduction

1. Short title
2. Commencement
3. Dictionary
4. The legislative scheme
5. Relationship with Health Quality and Complaints Commission Act

Division 2--Objects

6. Objects of Act
7. How objects are to be primarily achieved

Division 3--Operation of Act

8. Act binds all persons

Division 4--Application of Act to former registrants

9. Application of Act to persons who are no longer registered

Part 2--Administration

Division 1--Preliminary

10. Purposes of pt 2

Division 2--Boards

11. Boards' functions under this Act
12. Delegation of certain powers
13. Minister's power to give directions

Division 3--Professional conduct review panels
Subdivision 1A--Preliminary

13A. Definitions for div 3
Subdivision 1--Functions and establishment of panels
14. Functions of panel
15. Secretary to establish panel
16. When panel ceases to exist
Subdivision 2--Membership of panels
17. Membership of panel
18. Restrictions on membership of panel
19. Board must advise secretary of specialist and technical issues
20. Board may nominate member
21. Chairperson
22. Payment of members
Subdivision 3--Secretary of professional conduct review panels
23. Appointment of secretary
24. Conditions of appointment
25. Functions of secretary

Division 4--Health Practitioners Tribunal
Subdivision 1--Establishment and membership of tribunal

26. Establishment of tribunal
27. Members and constitution of tribunal
28. Tribunal may sit in more than 1 place
29. Chairperson
Subdivision 2--Functions of tribunal
30. Functions
Subdivision 3--Assessors
31. Assessors to assist tribunal
32. Restrictions on appointment of assessors
33. Board must advise registrar of specialist and technical issues
34. Functions and powers of assessors
35. Payment of assessors
Subdivision 4--Registrar of tribunal
36. Registrar
37. Functions of registrar
38. Delegation of powers

Division 5--Panels of assessors

39. Panels of assessors
40. Appointment of individuals to panels of assessors
41. Disqualification from membership of panel of assessors
42. Procedure for recommending members of panels of assessors
43. Duration of appointment
44. Conditions of appointment
45. Vacation of office

Part 3--Complaints

Division 1--Preliminary

46. Purposes of pt 3

Division 2--Making a complaint

47. Who may make complaint about registrant
48. Grounds for complaint
49. How complaint is made
50. Entity making complaint to reveal identity

Division 3--How complaints are dealt with
Subdivision 1--Complaints by users of registrant's services or entity acting on behalf of user

51. Action by board on receipt of complaint
52. Referral of complaint to commission
Subdivision 2--Complaints made or referred to board by other entities and complaints commission not authorised to receive
53. Action by board on receipt of complaint made or referred by another entity, or complaint commission not authorised to receive
Subdivision 2A--Rejection of complaints
54. When complaint may be rejected
55. Notice to be given if complaint rejected
Subdivision 3--Other matters about complaints
56. Board may require further information or statutory declaration
57. Withdrawal of complaint

Part 4--Immediate suspension of registrants or imposition of conditions on their registration

58. Purpose of pt 4
59. Immediate suspension or imposition of conditions on registration
60. Suspension or conditions to be recorded in board's register

Part 5--Investigations

Division 1--Preliminary

61. Purposes of pt 5

Division 2--General provisions about investigation

62. When investigation of registrant must be conducted
63. When investigation of registrant may be conducted on board's initiative
64. Who may investigate
65. Investigation must be conducted as quickly as possible
66. Registrant to be given notice of investigation
67. Registrant may make submissions

Division 3--Investigation committees

68. Function of investigation committee
69. Powers of investigation committee

Division 4--Investigators

70. Function of investigator
71. Powers of investigator
72. Limitation on powers of investigator
73. Who may be appointed as investigator
74. Investigator's appointment conditions
75. Investigator's identity card
76. Failure to return identity card
77. Display of investigator's identity card

Division 5--Investigation powers
Subdivision 1--Power to obtain information

78. Power to require information or attendance
79. Offences
80. Self-incrimination
81. Inspection of produced things
Subdivision 2--Entry of places by investigator
82. Power to enter places
Subdivision 3--Procedure for entry by investigator
83. Consent to entry
84. Application for warrant
85. Issue of warrant
86. Special warrants
87. Warrants—procedure before entry
Subdivision 4--Powers of investigator after entry
88. General powers after entering places
89. Failure to help investigator
90. Failure to give information
Subdivision 5--Power of investigator to seize evidence
91. Seizing evidence at public place if entry made when place open
92. Seizing evidence at place entered with consent or warrant
93. Securing seized things
94. Tampering with seized things
95. Powers to support seizure
96. Receipt for seized things
97. Forfeiture of seized things
98. Dealing with forfeited things etc.
99. Return of seized things
100. Access to seized things
Subdivision 6--General enforcement matters
101. Notice of damage
102. Compensation
103. False or misleading information
104. False or misleading documents
105. Obstructing investigators
106. Impersonation of investigators
Subdivision 7--Health assessments and expert assistance
107. Board may require health assessment
108. Appointment of appropriately qualified person to conduct health assessment
109. Report about health assessment
110. Registrant may make submissions about assessment report
111. Expert assistance
112. Use of assessment and expert's report
113. Payment for health assessments and reports

Division 6--Action following investigation

114. Preliminary report prepared by investigation committee or investigator
115. Board to prepare report on completion of investigation
116. Board to keep commission informed about investigation
117. Commission may report to Minister
118. Decision on investigation
119. Board to take action as soon as practicable
120. Board must give notice about investigation to registrant and other persons
121. Undertaking to be recorded in board's register

Part 6--Disciplinary proceedings

Division 1--Preliminary

122. Purposes of pt 6
123. Purposes of disciplinary proceedings and disciplinary action

Division 2--Grounds for disciplinary action

124. Grounds for disciplinary action

Division 3--Starting disciplinary proceedings

125. When disciplinary proceedings may be started
126. How disciplinary proceedings may be started

Division 4--Disciplinary proceedings conducted by board
Subdivision 1--Boards' jurisdiction to conduct disciplinary proceedings and form of proceedings

127. Boards' jurisdiction to conduct disciplinary proceedings
128. Form of disciplinary proceedings
129. Additional disciplinary matters
Subdivision 2--Disciplinary proceedings in form of a hearing
130. Application of sdiv 2
131. Notice of intention to conduct disciplinary proceedings by hearing
132. Substituted service on registrant and complainant
133. Registrant may require referral to tribunal
134. Powers of board to refer matter to panel or tribunal etc.
135. Powers of disciplinary committee to refer matter to panel or tribunal etc.
136. Procedure for hearing by board or disciplinary committee
137. Time and place of hearing
138. Hearing not open to the public
139. Attendance and appearance at hearing
140. Board or disciplinary committee may exclude complainant from hearing
141. Board or disciplinary committee may exclude disruptive person from hearing
142. Board or disciplinary committee may be assisted by lawyer or other person
143. Witnesses
144. Board or disciplinary committee may proceed in absence of registrant or may adjourn hearing
145. Questions to be decided by majority of board or disciplinary committee
146. Procedure if board member absent etc.
147. Procedure if committee member absent etc.
148. Inspection of things
149. Evidence and findings etc. in other proceedings may be received or adopted
150. Allowance to witnesses
151. Board or disciplinary committee to keep record of disciplinary proceedings
Subdivision 3--Disciplinary proceedings by correspondence
152. Application of sdiv 3
153. Notice of intention to conduct disciplinary proceedings by correspondence
154. Substituted service on registrant or complainant
155. Registrant may require referral to tribunal
156. Board or disciplinary committee may require other information
157. Power of board or committee to continue disciplinary proceedings without receiving registrant's submission
Subdivision 4--Offences relating to disciplinary proceedings dealt with by board or disciplinary committee
158. Offences about attending hearing, answering questions and related matters
159. Offence for failing to give information
160. Self-incrimination
161. False or misleading information
162. False or misleading documents
163. Contempt of board or disciplinary committee
Subdivision 5--Decision on completion of disciplinary proceedings
164. Decision about whether ground for disciplinary action established
165. Decision about disciplinary action relating to registrant
166. Decision about disciplinary action relating to former registrant
167. Matters board or disciplinary committee must consider in making decision about disciplinary action
Subdivision 6--Action after decision about disciplinary action
168. Notification of decision
169. Additional information to be included in notice
170. Disciplinary action to be recorded in board's register

Division 5--Professional conduct review panels
Subdivision 1--Jurisdiction of panels

171. Panels' jurisdiction to conduct disciplinary proceedings
172. Additional disciplinary matters
Subdivision 2--Procedural matters
173. Parties to disciplinary proceedings
174. Notice of intention to conduct hearing
175. Substituted service on registrant and complainant
176. Pre-hearing conference
177. Registrant may require referral to tribunal
178. Powers of panel to direct referral of matter to tribunal etc.
179. Procedure for hearing by panel
180. Time and place of hearing
181. Hearing not open to the public
182. Appearance and attendance at hearing
183. Panel may exclude complainant from hearing
184. Panel may exclude disruptive person from hearing
185. Secretary or other person may assist panel
186. Witnesses
187. Panel may proceed in absence of party or may adjourn hearing
188. Questions to be decided by majority of panel
189. Procedure if panel member absent etc.
190. Interim orders
191. Inspection of things
192. Evidence and findings etc. in other proceedings may be received or adopted
193. Allowance to witnesses
194. Panel to keep record of disciplinary proceedings
Subdivision 3--Offences relating to disciplinary proceedings dealt with by panel
195. Offences about attending hearing, answering questions and related matters
196. Self-incrimination
197. False or misleading information
198. False or misleading documents
199. Contempt of panel
Subdivision 4--Decision on completion of disciplinary proceedings
200. Decision about whether ground for disciplinary action established
201. Decision about disciplinary action relating to registrant
202. Decision about recording disciplinary action relating to registrant
203. Decision about disciplinary action relating to former registrant
204. Matters panel must consider in making decision about disciplinary action
Subdivision 5--Action after decision about disciplinary action
205. Notification of decision of panel
206. Additional information to be included in notice
Subdivision 6--Effect of decision
207. Effect of panel's decision
208. Implementation of decisions
Subdivision 7--Miscellaneous
209. Authentication of documents
210. Judicial notice of certain signatures

Division 6--Health Practitioners Tribunal
Subdivision 1--Jurisdiction of tribunal

211. Tribunal's jurisdiction
212. Additional disciplinary matters
Subdivision 2--Procedural matters
213. Chairperson to allocate matters
214. Parties to disciplinary proceedings
215. Notice of intention to conduct hearing
216. Substituted service on registrant and complainant
217. Directions conference
218. Tribunal's powers relating to health assessment
219. Procedure for hearing by tribunal
220. Time and place of hearing
221. Evidence by telephone, video link or another form of communication
222. Hearing to be held in public
223. Tribunal may order suppression of registrant's name
224. Evidence of special witnesses
225. Attendance and right of appearance
226. Tribunal may exclude witnesses from hearing
227. Questions to be decided by constituting member
227A. Procedure if tribunal member unable to hear matter
228. Procedure if tribunal member absent etc.
229. Witnesses
230. Tribunal may proceed in absence of party or may adjourn hearing
231. Interim orders
232. Inspection of things
233. Evidence and findings etc. in other proceedings may be received or adopted
234. Witness expenses and allowances
235. Tribunal to keep record of disciplinary proceedings
Subdivision 3--Contempt of tribunal
236. Conduct constituting contempt
237. Self-incrimination
238. Certain conduct not contempt
239. Punishment of contempt
Subdivision 4--Decisions on completion of disciplinary proceedings
240. Decision about whether ground for disciplinary action established
241. Decision about disciplinary action relating to registrant
242. Decision about recording disciplinary action relating to registrant
243. Decision about disciplinary action relating to former registrant
244. Matters tribunal must consider in making decision about disciplinary action
Subdivision 5--Action after decision about disciplinary action
245. Notification of decision of tribunal
246. Additional information to be included in notice
Subdivision 6--Suspended decisions
247. Decision may be suspended
248. Effect of suspended decision
249. Consequences if other disciplinary action while suspended decision
250. Power of tribunal to deal with suspended decision
251. Tribunal must give notice
Subdivision 7--Effect of decision
252. Effect of tribunal's decision
253. Implementation of decisions
254. Recovery of fine
Subdivision 8--Miscellaneous
255. Costs
256. Authentication of documents
257. Judicial notice of certain signatures
258. Rule-making power
259. Practice directions

Division 7--Dissemination of information
Subdivision 1--Purpose

260. Purpose of div 7
Subdivision 2--Notification of disciplinary proceedings and disciplinary action
261. Board may notify other entities
262. Board may notify other registrants
Subdivision 3--Records of disciplinary proceedings
263. Records to be kept and made publicly available
Subdivision 4--Reports
264. Matters to be included in board's annual report
265. Secretary to give report to Minister

Part 7--Management of impaired registrants by boards

Division 1--Preliminary

266. Purpose of pt 7
267. How purpose is achieved
268. Application of pt 7

Division 2--Informal management of impaired registrants
Subdivision 1--Preliminary

269. Purpose of div 2
Subdivision 2--Health assessments and boards' powers
270. Board may request information
271. Notice to be given to registrant
272. Powers of board if registrant does not undergo health assessment etc.
273. Procedure for health assessment
274. Registrant may make submissions about assessment report
275. Decision about impairment
276. Decision about action to be taken for impaired registrant
277. Decision about action to be taken for registrants who are not impaired
278. Notification of board's decision
279. Additional information to be included in notice
Subdivision 3--Miscellaneous
280. Payment of person conducting assessment
281. Use of assessment report

Division 3--Health assessment committees
Subdivision 1--Establishment of health assessment committee

282. Establishment of health assessment committee
283. Composition of health assessment committee
284. Remuneration of health assessment committee members etc.
Subdivision 2--Functions of health assessment committee
285. Functions of health assessment committee
Subdivision 3--Assessment procedures and committees' powers
286. Notice about establishment of health assessment committee
287. Registrant may make submissions to health assessment committee
288. Power of health assessment committee to require registrant to undergo health assessments
288A. Appointment of external assessor
289. Failure to comply with requirement of health assessment committee
290. Other powers of health assessment committee
291. Offences
292. Self-incrimination
293. Inspection of things
294. False or misleading information
295. False or misleading documents
295A. External assessor to prepare report about external assessment
296. Health assessment committee to prepare report
297. Registrant may make submissions about assessment report

Division 4--Decision by board about impairment

298. Decision about impairment
299. Decision about action to be taken for impaired registrant
300. Decision about action to be taken for registrants who are not impaired

Division 5--Action after decision about impairment

301. Notification of board's decision
302. Additional information to be included in notice
303. Conditions and undertakings to be recorded in board's register
304. Notification of other entities

Division 6--Miscellaneous

305. Conditions or order in force until further decision made
306. Registrant may request further health assessment
307. Use of assessment report
308. Board must pay cost of assessments

Part 8--Powers resulting from action under foreign law

Division 1--Preliminary

309. Purpose of pt 8
310. Definition for pt 8

Division 2--Action taken by board on basis of foreign law

311. Board may take action on basis of foreign law
312. Further action by board relating to proposed action

Division 3--Records

313. Record to be made in register

Part 9--Reviews and appeals

Division 1--Preliminary

314. Purposes of pt 9

Division 2--Review of conditions imposed under decision of panel

315. Reviews of conditions imposed under decision of panel
316. Who may have conditions reviewed
317. How to start a review
318. Secretary to give notice of review to particular persons
319. Secretary to establish panel
320. Review may be by hearing or written submission
321. Notice about hearing
322. Review by hearing
323. Review by written submissions
324. Powers of review panel on review

Division 3--Appeals to tribunal

325. Appealable decisions for tribunal
326. Who may appeal
327. How to start an appeal
328. Registrar to give notice of appeal to particular persons
329. Stay of operation of appealable decision
330. Appeal against immediate suspension etc. to be decided quickly
331. Appeal is by way of rehearing
332. Notice about conduct of hearing
333. Appeals by hearing
334. Appeal may be by written submissions
335. Appeals by written submissions
336. Powers of tribunal on appeal etc.

Division 4--Review of certain tribunal decisions

337. Decisions that may be reviewed
338. Who may have decision reviewed
339. How to start a review
340. Registrar to give notice of review to particular persons
341. Review may be by hearing or written submission
342. Notice about hearing
343. Review by hearing
344. Review by written submissions
345. Powers of tribunal on review

Division 5--Appeals to Court of Appeal from decisions of tribunal

346. Tribunal decisions that are appealable
347. Who may appeal
348. Appeal to Court of Appeal on questions of law only
349. How to start an appeal
350. Appellant to give notice of appeal to particular persons
351. Stay of operation of appealable decision
352. Hearing procedures
353. Powers of court on appeal

Part 10--Inspectors

Division 1--Preliminary

354. Purpose of pt 10

Division 2--Inspectors' function and powers

355. Function of inspector
356. Powers of inspector
357. Limitation on powers of inspector

Division 3--Appointment of inspectors and other matters

358. Who may be appointed as inspector
359. Inspector's appointment conditions
360. Inspector's identity card
361. Failure to return identity card
362. Display of inspector's identity card

Division 4--Particular powers of inspectors

363. Power to require information
364. Self-incrimination
365. False or misleading information
366. Inspection of produced document

Division 5--Impersonation of inspectors

367. Impersonation

Part 11--Legal proceedings

Division 1--Evidence

367A. Application of div 1
367B. Appointments and authority
367C. Signatures
367D. Evidentiary provisions

Division 2--Proceedings

368. Indictable and summary offences
369. Proceedings for indictable offences
370. Limitation on who may summarily hear indictable offence
371. Limitation on time for starting summary proceedings
372. Allegations of false or misleading information or documents
373. Penalties to be paid to board

Part 12--General

Division 1--Codes of practice

374. Board may develop code of practice
375. Inspection of code etc.
376. Use of code of practice in disciplinary proceedings

Division 2--Investigations and certain disciplinary proceedings and disciplinary action

377. Certain investigations not to be conducted or continued
378. Certain disciplinary proceedings not to be conducted or continued
379. Undertakings
380. Registrant must comply with conditions
381. Effect of suspension

Division 2A--Provisions about certain registrants
Subdivision 1--Preliminary

381A. Definitions for div 2A
Subdivision 2--Provisions about registrants who are general and specialist registrants
381B. Application of relevant action to registrants who are general and specialist registrants
381C. Effect on specialist registration if general registration suspended or cancelled
381D. Notice to be given about change to specialist registration
381E. Decision about recording suspension
Subdivision 3--Provisions about registrants who are dental technicians and dental prosthetists
381F. Application of relevant action to registrants who are dental technicians and dental prosthetists
381G. Effect on specialist registration if general registration suspended or cancelled
381H. Notice to be given about change to registration as dental prosthetist
381I. Decision about recording suspension

Division 2B--Certificates of registration

381J. Return of certificate of registration to board if registration suspended or cancelled
381K. Amendment or replacement of certificate of registration

Division 3--Giving information and notices

382. Board member, executive officer or executive officer (medical) may give chief executive certain information
383. Board to give notice to commission at end of dealing with complaint
384. Board may notify other entities
384A. Board may notify Commissioner for Children and Young People and Child Guardian about particular information
385. Court or coroner may notify board
385A. Registrant to give notice of certain convictions to board
385B. Registrant to give board notice of certain judgments and settlements
385C. Registrant to give board notice about certain events

Division 4--Protections

386. Protection of members, legal representatives and witnesses etc.
386A. Protection of officials from liability
387. Protection for person making complaint or otherwise giving information
388. Reprisal and grounds for reprisals
389. Offence for taking reprisal
390. Damages entitlement for reprisal

Division 5--False or misleading information and confidentiality

391. False or misleading information
392. Confidentiality
393. Board's annual report must disclose authorisation

Division 6--Miscellaneous

394. Board etc. may give combined notice
395. Notices if complainant has not revealed identity
397. Forms
398. Regulation-making power

Part 13--Transitional provisions

Division 1--Provisions for Health Practitioners (Professional Standards) Act 1999

399. Definitions for pt 13
400. Existing complaints and disciplinary proceedings
401. Complaints or other information known to boards after commencement day
402. Things to establish pattern of conduct or practice
403. Saving of existing orders made by boards or Medical Assessment Tribunal
404. Records of Medical Assessment Tribunal transferred to Health Practitioners Tribunal

Division 2--Provisions for Health Practitioners Legislation Amendment Act 2001

405. Transitional provision about health practitioner registration Act

Division 3--Provisions for Health Quality and Complaints Commission Act 2006

405A. Definitions for div 3
405B. Withdrawal of referred complaint
405C. When investigation must be conducted or continued
405D. Reports to commission on investigation by board
405E. Board's annual report
405F. Notice about board decision
405G. Copy of undertakings
405H. Continuing requirement for board to give notice to commission

Division 4--Provisions for Medical Board (Administration) Act 2006

405I. Definitions for div 4
405J. Keeping of records
405K. Continuing appointment of inspector or investigator

Part 14--Validation provision

406. Validation of certain tribunal decisions
SCHEDULE DICTIONARY
Endnotes

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