Queensland Consolidated Acts

MEDICAL RADIATION TECHNOLOGISTS REGISTRATION ACT 2001

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Operation of Act

   3.      Act binds all persons
   4.      The legislative scheme
   5.      Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999
   6.      Mutual recognition legislation not affected

           Division 3--Objects

   7.      Objects of Act

           Division 4--Interpretation

   8.      Definitions

           Part 2--Medical Radiation Technologists Board of Queensland

           Division 1--Establishment and functions

   9.      Establishment of board
   10.     Board's relationship with the State
   11.     Functions of board
   12.     Board's independence etc.
   13.     Powers of board
   14.     Delegation by board

           Division 2--Membership

   15.     Membership of board
   16.     Registrant members
   17.     Public members
   18.     Certain nominee board members
   19.     Chairperson and deputy chairperson of board
   20.     Term of appointment
   21.     Disqualification from membership
   22.     Vacation of office
   23.     When notice of resignation takes effect
   24.     Leave of absence for a member
   25.     Effect of vacancy in membership of board
   26.     Remuneration of members

           Division 3--Board business

   27.     Conduct of business
   28.     Times and places of meetings
   29.     Quorum
   30.     Presiding at meetings
   31.     Conduct of meetings
   32.     Minutes

           Division 4--Board committees

   33.     Committees
   34.     Remuneration of committee members

           Division 5--Disclosure of interests by board members and committee members

   35.     Disclosure of interests

           Division 6--Directions by Minister

   36.     Minister's power to give directions in the public interest

           Division 7--Annual reports

   37.     Matters to be included in annual report

           Division 8--Other provisions about the board

   38.     Board is statutory body under the Financial Accountability Act 2009
   39.     Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982
   40.     Board's common seal

           Part 3--Registration

           Division 1--Preliminary

   41.     Who may apply for registration

           Division 2--Applications for general registration
           Subdivision 1--Applications

   42.     Procedural requirements for applications
           Subdivision 2--Eligibility for general registration
   43.     Eligibility
   44.     When applicant is qualified for general registration
   45.     Fitness to practise the profession
           Subdivision 3--Inquiries into applications
   46.     Board's powers before deciding applications
   47.     Appointment of appropriately qualified person to conduct health assessment
   48.     Report about health assessment
   49.     Use of assessment report
   50.     Payment for health assessments and reports
           Subdivision 4--Decision on applications
   51.     Decision
   52.     Steps to be taken after application decided
   53.     Failure to decide applications
   54.     Further consideration of applications
           Subdivision 5--Information in certificates of general registration
   55.     Forms of certificates of general registration
           Subdivision 6--Period of general registration
   56.     Period
           Subdivision 7--Conditions of general registration
   57.     Imposition of probationary conditions
   58.     Relevant practical experience in the profession
   59.     Imposition of other conditions by board
   60.     Contravention of conditions
           Subdivision 8--Provisions relating to probationary registrants
   61.     Supervised practice program
   62.     Person ceasing to be supervisor must give report to board or nominated entity

           Division 3--Provisional general registration

   63.     Meaning of authorised person for div 3
   64.     Provisional general registration of person on probationary conditions
   65.     Confirmation or cancellation of provisional general registration
   66.     Procedure after cancellation of provisional general registration
   67.     Form of certificate of provisional general registration
   68.     Period
   69.     Board decides to register provisional general registrant as a general registrant
   70.     Board decides to refuse to register provisional general registrant as a general registrant
   71.     Deemed refusal by board to register provisional general registrant as a general registrant

           Division 4--Renewal of general registrations
           Subdivision 1--Preliminary

   71A.    Non-application of div 4 to short-term registration
   72.     Meaning of recency of practice requirements
           Subdivision 2--Applications for renewal of general registrations
   73.     Notification of imminent expiry of registration
   74.     Procedural requirements for applications
   75.     General registration taken to be in force while application is considered
           Subdivision 3--Decision on applications
   76.     Inquiries into applications
   77.     Decision
   78.     Recency of practice requirements are not satisfied
   79.     Steps to be taken after application decided

           Division 5--Restoration of general registrations

   79A.    Non-application of div 5 to short-term registration
   80.     Application of div 4, sdivs 1 and 3
   81.     When an application for restoration of a general registration may be made
   82.     Procedural requirements for applications
   83.     Period of restored registration
   84.     Conditions of expired registration
   85.     When recency of practice conditions take effect

           Division 6--Cancellation of general registrations

   86.     Grounds for cancellation
   87.     Show cause notice
   88.     Representations about show cause notices
   89.     Ending show cause process without further action
   90.     Cancellation
   91.     Return of cancelled certificate of general registration to board

           Division 7--Reviewing probationary conditions on general registrations

   92.     Review of probationary conditions
   93.     Registrant to give notice about completion of program to board
   94.     Board to give notice to supervisor
   95.     Entity to give board supervised practice report
   96.     Board's powers before making decision
   97.     Decision
   98.     When decision takes effect
   99.     Failure by board to make decision
   100.    When additional conditions end
   101.    Amending, replacing, or issuing new, certificate of general registration

           Division 8--Reviewing conditions of general registrations
           Subdivision 1--Review of conditions imposed by the board or District Court

   102.    Review of conditions
   103.    How registrant may start a review
   104.    Review of conditions during review period
   105.    Board's powers before making decision
   106.    Application of ss 47-50
   107.    Deemed withdrawal of application etc.
   108.    Decision
   109.    When decision takes effect
   110.    Failure by board to make decision on application
   111.    Failure by board to make decision on review agreed to under s 104
   112.    Further decision required if certain conditions changed
           Subdivision 2--Recording change, or removal, of conditions
   113.    Amending, replacing, or issuing new, certificate of general registration

           Division 9--Special purpose registrations
           Subdivision 1--Applications for special purpose registration

   114.    Undertaking of special activities relating to the profession
   115.    Application of divs 2 and 3
   116.    Eligibility
   117.    Qualifications for special purpose registration
   118.    Suitability to be a special purpose registrant
   119.    Period of special purpose registration
   120.    Imposition of conditions by board
   121.    Contravention of conditions
   122.    Provisional special purpose registration of a person
           Subdivision 2--Renewal of special purpose registrations
   122A.   Non-application of sdiv 2 to short-term registration
   123.    Application of div 4, sdivs 2 and 3
   124.    Matters that may be considered in deciding whether to renew special purpose registrations
   125.    Imposition of conditions by board
   126.    Period of renewed special purpose registration
           Subdivision 3--Cancellation of special purpose registrations
   127.    Application of div 6
   128.    Grounds for cancellation
           Subdivision 4--Removal of conditions
   129.    Removal

           Division 10--General provisions about registrations

   130.    Person is taken to be registered under this part
   131.    Surrender of registrations
   132.    Replacement of certificates of registration
   133.    Certified copy of certificates of registration
   134.    Notification of change in circumstances
   135.    Notification of certain events to interstate regulatory authorities and other entities
   135A.   Short-term registration

           Part 4--Obligations of registrants and other persons

           Division 1--Restricted titles and holding out

   136.    Taking of restricted titles etc.
   137.    Claims by persons as to registration
   138.    Claims by persons as to other persons' registration
   139.    Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants
   140.    Restrictions on registrants registered on conditions

           Division 3--Advertising

   143.    Obligations of advertisers
   144.    Information to appear in advertisements

           Division 4--Registrants' autonomy

   145.    Aiding, abetting etc. conduct that is a ground for disciplinary action

           Division 5--Court orders and injunctions

   146.    Persons may be prohibited from supplying health services etc.
   147.    Injunctions

           Division 6--Reprisals

   148.    Reprisal and grounds for reprisals
   149.    Offence for taking reprisal
   150.    Damages entitlement for reprisal

           Division 7--Other provisions

   151.    Payment, or acceptance of payment, for referrals prohibited

           Part 5--Investigation and enforcement

           Division 1--Inspectors

   152.    Functions of inspectors
   153.    Powers of inspectors
   154.    Limitation on powers of inspectors

           Division 2--Appointment of inspectors and other matters

   155.    Appointments
   156.    Appointment conditions
   157.    Identity cards
   158.    Failure to return identity card
   159.    Production or display of inspector's identity card

           Division 3--Powers of inspectors
           Subdivision 1--Entry of places

   160.    Power to enter places
           Subdivision 2--Procedure for entry
   161.    Entry with consent
   162.    Application for warrant
   163.    Issue of warrant
   164.    Special warrants
   165.    Warrants—procedure before entry
           Subdivision 3--Powers after entry
   166.    General powers after entering places
   167.    Failure to help inspector
   168.    Failure to give information
           Subdivision 4--Power to seize evidence
   169.    Seizing evidence at a place that may be entered without consent or warrant
   170.    Seizing evidence at a place that may only be entered with consent or warrant
   171.    Securing seized things
   172.    Tampering with seized things
   173.    Powers to support seizure
   174.    Receipts for seized things
   175.    Forfeiture of seized things
   176.    Forfeiture on conviction
   177.    Dealing with forfeited things etc.
   178.    Return of seized things
   179.    Access to seized things
           Subdivision 5--Power to obtain information
   180.    Power to require name and address
   181.    Failure to give name or address
   182.    Power to require production of documents
   183.    Failure to produce document
   184.    Power to require information

           Division 4--General enforcement matters

   185.    Notice of damage
   186.    Compensation
   187.    False or misleading information
   188.    False or misleading documents
   189.    Obstructing inspectors
   190.    Impersonation of inspectors

           Part 6--Appeals

   191.    Who may appeal
   192.    Starting appeals
   193.    Hearing procedures
   194.    Powers of court on appeal
   195.    Appointment of assessors

           Part 7--Legal proceedings

           Division 1--Evidence

   196.    Application of division
   197.    Appointments and authority
   198.    Signatures
   199.    Evidentiary provisions

           Division 2--Proceedings

   200.    Indictable and summary offences
   201.    Proceedings for indictable offences
   202.    Limitation on who may summarily hear indictable offence
   203.    Limitation on time for starting summary proceedings
   204.    Allegations of false or misleading information or documents
   205.    Penalties to be paid to board
   206.    Responsibility for acts or omissions of representatives
   207.    Executive officers must ensure corporation complies with Act

           Part 8--Register, records and information

           Division 1--Register

   208.    Register to be kept
   209.    Inspection of register

           Division 2--Records to be kept

   210.    Records

           Division 3--Information

   211.    Confidentiality of information
   212.    Board's annual report must disclose authorisation

           Part 9--Miscellaneous

           Division 1--Abandoned, and other, health records

   213.    Definitions for div 1
   214.    Board may take possession of abandoned health records
   215.    Health records forming part of deceased estate
   216.    Health records of persons convicted of an offence against s 136(1) or (6) or 137
   217.    Dealing with certain health records seized under s 169 or 170
   218.    How board may deal with health records
   219.    Destruction of health records

           Division 2--Continuing professional education of registrants

   220.    Continuing professional education programs

           Division 3--Declared events

   221.    Definitions for div 3
   222.    Declaration of events
   223.    Deemed general registration of visiting practitioners

           Division 4--Other provisions

   224.    Protecting officials from liability
   225.    Protection for persons supervising probationary registrants
   226.    False or misleading information or documents
   227.    Certificates etc. not to be false or misleading
   228.    Application of provisions
   229.    Approval of forms
   230.    Examination fees
   231.    Regulation-making power

           Part 10--Transitional provisions

   232.    First members, and chairperson and deputy chairperson, of Medical Radiation Technologists Board of Queensland
   233.    Transitional provision about registration
   235.    Transitional provision for graduate practitioners
   236.    Certain Act has not been repealed
           SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
           SCHEDULE 3 DICTIONARY
           Endnotes