Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 6

General registration

6. General registration



(1) A responsible board must grant general registration as a health
practitioner to an applicant if-

   (a)  the applicant-

   (i)  is qualified for registration under section 5; or

   (ii) had general registration under this Act or a corresponding previous
        enactment as a health practitioner of that kind not more than 2 years
        before the application was made; or

   (iii) has registration as a non-practising health practitioner of that kind
        and was, under section 170, deemed to have general registration as
        that kind of health practitioner under this section; and

   (b)  there are no grounds under subsection (2) under which the responsible
        board may refuse to grant registration to the applicant; and

   (c)  the circumstances are such that sections 7, 8, 9 and 11 do not apply;
        and

   (d)  the applicant has paid the fee determined by the responsible board
        under section 4(2)(b).

(2) The responsible board may refuse to grant general registration to an
applicant on any one or more of the following grounds-

   (a)  that the character of the applicant is such that it would not be in
        the public interest to allow the applicant to practise as a registered
        health practitioner;

   (ab) if the applicant is applying for registration based on previous
        registration mentioned in subsection (1)(a)(ii) or (iii), that the
        applicant-

   (i)  is not, in the board's opinion, competent to practise as that kind of
        health practitioner; or

   (ii) has not, in the board's opinion, had sufficient recent practise as
        that kind of health practitioner;

   (b)  that, in the opinion of the responsible board, the applicant is unfit
        to practise as a health practitioner because he or she is an alcoholic
        or drug-dependent person which impairs his or her ability to practise
        as a registered health practitioner;

   (c)  that, in the opinion of the responsible board, the applicant is unfit
        to be registered because he or she has a physical or mental impairment
        which impairs his or her ability to practise as a health practitioner;

   (d)  that the applicant has been found guilty of an offence where the
        suitability of the applicant to practise as a health practitioner is
        likely to be affected because of the finding of guilt or where it is
        not in the public interest to allow the applicant to practise because
        of the finding of guilt;

   (e)  that the applicant has previously been registered under this Act or
        any corresponding previous enactment regulating that kind of
        practitioner and during the course of that registration has had
        proceedings under Part 3 or 4 of this Act or similar proceedings under
        the previous enactment brought against him or her and those
        proceedings have never been finalised;

   (f)  that the applicant's competency in speaking or communicating in
        English is not sufficient for that person to practise as a health
        practitioner;

   (g)  that the applicant has previously held a right to practise as a health
        practitioner outside Victoria, being the equivalent of registration as
        that kind of health practitioner under this Act, and that right has
        been cancelled or suspended and not restored because of conduct which,
        if committed within Victoria would entitle the responsible board or
        VCAT to suspend or cancel the registration;

   (h)  that, in the opinion of the responsible board, the health practitioner
        does not have adequate arrangements for professional indemnity
        insurance that meet the minimum terms and conditions set out in the
        guidelines of the responsible board;

        (i)    that the applicant is disqualified from applying for
               registration under this Act.

(3) A grant of registration under this section is subject to any condition
that the responsible board thinks fit including conditions as to professional
indemnity insurance.

(4) The responsible board may, upon application by the registered health
practitioner or with the agreement of the registered health practitioner,
amend, vary or revoke any condition imposed on the registration under this
Part.