Queensland Consolidated Acts

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--Main objects of this Act

   6.      Main objects of Act
   7.      How main objects of this Act 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 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--QCAT
           Subdivision 1--Functions of tribunal

   30.     Functions
           Subdivision 2--Assessors
   31.     Assessors to assist tribunal
   32.     Restrictions on appointment of assessors
   33.     Board must advise principal registrar of specialist and technical issues
   34.     Functions and powers of assessors
   35.     Payment of assessors

           Division 5--Panels of assessors

   39.     Panels of assessors
   40.     Appointment of individuals to panels of assessors
   40A.    Temporary appointment of panel 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 identify 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--QCAT
           Subdivision 1--Jurisdiction of tribunal

   211.    Tribunal's jurisdiction
   212.    Additional disciplinary matters
           Subdivision 2--Procedural matters
   213.    Allocation of matters and constitution of the tribunal
   214.    Parties to disciplinary proceedings
   215.    Notice of intention to conduct hearing
   217.    Compulsory conference
   218.    Tribunal's powers relating to health assessment
   219.    Procedure for hearing by tribunal
   222.    Hearing of impairment matter
   225.    Attendance
   226.    Tribunal may exclude witnesses from hearing
   227.    Member may have regard to assessor's views
   228.    Procedure if member or assessor unable to take part in proceedings
   231.    Interim orders
   233.    Evidence and findings etc. in other proceedings may be received or adopted
           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
   253.    Implementation of decisions
   254.    Recovery of fine
           Subdivision 8--Miscellaneous
   255.    Costs

           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--Review by tribunal

   325.    Reviewable decisions
   326.    Who may apply for review
   327.    Notice to be given to commission
   328.    Review of decision under s 59(2)
   329.    Panel making decision under s 324 not a party
   330.    Reviews by hearing
   331.    Powers of tribunal on review

           Division 4--Review of certain tribunal decisions

   337.    Decisions that may be reviewed
   338.    Who may have decision reviewed
   339.    Application for review
   340.    Registrar to give copy of application to particular persons
   343.    Review by hearing
   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
   350.    Appellant to give notice of appeal to particular persons
   353.    Court's decision may be tribunal review decision

           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 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 or executive officer 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 must 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
   392A.   Disclosure to protect health or safety of patients or other persons
   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 12A--Provisions about particular proceedings relating to NRAS registrants

           Division 1--Preliminary

   398A.   Explanation of pt 12A
   398B.   Definitions for pt 12A

           Division 2--Jurisdiction of tribunal

   398C.   Jurisdiction of tribunal conferred by National Law (Queensland)
   398D.   Jurisdiction of tribunal conferred by this part
   398E.   Exercising jurisdiction concurrently

           Division 3--Applying for review of tribunal review decision, and decisions tribunal may make

   398F.   NRAS registrant may apply for review
   398G.   How application is made
   398H.   Powers of tribunal on review

           Division 4--Procedures etc. applying to all NRAS disciplinary proceedings
           Subdivision 1--Preliminary

   398I.   Application of div 4
   398J.   Definition for div 4
           Subdivision 2--Constitution of tribunal
   398K.   Constitution of the tribunal
           Subdivision 3--Assessors
   398L.   Tribunal to be assisted by assessors
   398M.   Choosing assessors generally
   398N.   Particular persons not eligible to be assessors in an NRAS disciplinary proceeding
   398O.   Requirement about gender balance
   398P.   Choosing assessors if specialist and technical issues involved
   398Q.   Function of assessors in compulsory conference
   398R.   Functions and powers of assessors in hearing
   398S.   Member may have regard to assessor's views
   398T.   Procedure if member or assessor unable to take part in hearing
           Subdivision 4--Hearings
   398U.   Advice to be given by tribunal in a hearing
   398V.   Particular hearings to be held in private
   398W.   Tribunal may excuse NRAS registrant from attendance
   398X.   Tribunal may exclude witnesses from hearing
           Subdivision 5--Interim orders and evidence etc.
   398Y.   Interim orders
   398Z.   Evidence and findings etc. in other proceedings may be received or adopted

           Division 5--Additional procedures

   398ZA.  Notice of hearing of proceeding for matter referred by national board
   398ZB.  Notice of proceeding for review of reviewable decisions
   398ZC.  Particular procedures for proceeding for review of reviewable decisions
   398ZD.  Notice of proceeding for review of tribunal review decisions
   398ZE.  Particular procedures for proceedings for review of tribunal review decisions

           Division 6--Provisions about decisions

   398ZF.  Notice of final decision of tribunal
   398ZG.  Implementation of particular decisions

           Division 7--Appeals to Court of Appeal from decisions of tribunal

   398ZH.  Purpose of div 7
   398ZI.  NRAS registrant or national board may appeal to Court of Appeal
   398ZJ.  Appellant to give notice of appeal to particular persons
   398ZK.  Court's decision may be tribunal review decision

           Division 8--General matters

   398ZL.  Panel of assessors
   398ZM.  Payment of assessors

           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

           Division 5--Transitional provision for Criminal History Screening Legislation Amendment Act 2010

   405L.   Giving particular information to Commissioner for Children and Young People and Child Guardian

           Division 5--Provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010

   405L.   Definitions for div 5
   405M.   Existing professional panels of assessors
   405N.   Existing complaints and related proceedings and appeals
   405O.   Existing non-complaint disciplinary matters and related proceedings and appeals
   405P.   Existing QCAT proceedings and existing appeals
   405Q.   Investigators
   405R.   Inspectors
   405S.   Copy of particular records to be given to national board
   405T.   Particular registrants to give particular notices to national board
   405U.   Protection of officials from liability
   405V.   Penalties to be paid to national board

           Part 14--Validation provision

   406.    Validation of certain tribunal decisions
           SCHEDULE -- DICTIONARY
           Endnotes