South Australian Consolidated Acts

MEDICAL PRACTICE ACT 2004 - SECT 37

37—Reinstatement on register or in specialty

        (1)         A person who has been removed from a register or specialty under this Act—

            (a)         on his or her application; or

            (b)         on account of failure to pay the annual practice fee or to furnish the return required under section 38; or

            (c)         on account of failure to pay a fine imposed on the person by the Board or Tribunal under this Act; or

            (d)         on account of the person—

                  (i)         ceasing to hold a qualification required for registration on that register or in that specialty or otherwise ceasing to be entitled to be registered on that register or in that specialty; or

                  (ii)         ceasing to be enrolled in the course of study that formed the basis for the person's registration on the medical student register,

may apply to the Board at any time for reinstatement on that register or in that specialty.

        (2)         A person whose registration on a register or in a specialty has been suspended may apply to the Board for reinstatement on that register or in that specialty (but not, in the case of an order for suspension for a specified period made in disciplinary proceedings, until after the expiry of that period).

        (3)         A person who has been disqualified from being registered on a register or in a specialty under this Act may, subject to the terms of the order for disqualification, apply to the Board for reinstatement on that register or in that specialty.

        (4)         An application for reinstatement must—

            (a)         be made to the Board in the manner and form approved by the Board; and

            (b)         be accompanied by the reinstatement fee fixed under this Act.

        (5)         An applicant for reinstatement must, if the Board so requires, provide the Board with specified information to enable the Board to determine the application.

        (6)         The Board may require an applicant for reinstatement of registration—

            (a)         to submit a medical report or other evidence acceptable to the Board as to the applicant's medical fitness to provide medical treatment of the kind authorised by registration on the register to which the application relates; or

            (b)         to obtain additional qualifications or experience specified by the Board before the Board determines the application.

        (7)         Subject to this section, the Board must reinstate on the appropriate register or in a specialty an applicant under this section if satisfied that the applicant is eligible for registration on that register or in that specialty.

        (8)         The Board may refuse to reinstate the applicant on the appropriate register or in a specialty until all complaints (if any) laid against the applicant under this Act have been finally disposed of.

        (9)         If a person's registration has been suspended by reason of his or her failure to reside in Australia, the Board may make the person's registration, after reinstatement, subject to such conditions relating to residence as the Board thinks fit.