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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Medical Amendment Bill 2000
A Bill for
An Act to amend the Medical Act 1894 --
· to allow suitably qualified overseas trained doctors to be
registered to practise as general practitioners in remote
and rural parts of the State; and
· to provide for the appointment to the Board of a second
legal practitioner,
and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Medical Amendment Act 2000.
page 1
153--1
Medical Amendment Bill 2000
s. 2
2. Commencement
(1) Sections 1 to 4 come into operation on the day on which this
Act receives the Royal Assent.
(2) Sections 5 to 10 come into operation on a day fixed by
proclamation.
5
3. The Act amended
The amendments in this Act are to the Medical Act 1894*.
[* Reprinted as at 25 February 2000.]
4. Section 4 amended
Section 4(1a) is amended as follows:
10
(a) by deleting "11" and inserting instead --
" 12 ";
(b) by deleting paragraph (c) and inserting the following
paragraph instead --
"
15
(c) 2 persons appointed by the Minister who are
legal practitioners;
".
5. Section 11AA amended
Section 11AA is amended by inserting after "section 11" --
20
" and sections 11AC, 11AD, 11AF and 11AG ".
6. Sections 11AC and 11AD amended
Sections 11AC(1) and 11AD(1) are amended by deleting "The"
and inserting instead --
" Subject to section 11AA, the ".
25
page 2
Medical Amendment Bill 2000
s. 7
7. Section 11AF amended
Section 11AF(1) is amended by deleting "The" and inserting
instead --
" Subject to section 11AA, the ".
8. Section 11AG inserted
5
After section 11AF the following section is inserted --
"
11AG. Conditional registration for general practice in
remote and rural WA
(1) Subject to section 11AA, the Board may register a
10
person as a medical practitioner if --
(a) the Board is satisfied that the person --
(i) has qualifications and experience in
general practice obtained outside
Australia;
15
(ii) is competent, having regard to the
person's qualifications and experience,
to practise as a general practitioner in
this State; and
(iii) has undertaken to comply with the
20
conditions imposed by subsection (2);
and
(b) the person pays to the Board together with his
or her application for registration such
registration fee as is prescribed, together with
25
the annual practice fee prescribed for the
purposes of section 16A.
page 3
Medical Amendment Bill 2000
s. 8
(2) The registration of a person under this section is
subject to the following conditions --
(a) that the person practise only as a general
practitioner;
(b) that the person must practise in remote and
5
rural WA for 5 years after being registered; and
(c) if the person is not a Fellow of the Royal
Australian College of General Practitioners at
the time of registration under this section, that
he or she must become such a fellow within
10
2 years of being so registered.
(3) The Board may impose such other conditions as it
thinks appropriate on the registration of a person under
this section, but a condition under this subsection must
not restrict the parts of the State in which the person
15
may practise after the expiration of the 5 years referred
to in subsection (2)(b).
(4) If a person who is registered under this section satisfies
the Board that there is a good reason why he or she
should not be required to comply with the condition
20
imposed by subsection (2)(b) or (c) the Board may vary
that condition as the Board thinks appropriate.
(5) If the Board is satisfied that a person registered under
this section has failed to comply with a condition
imposed by subsection (2) the Board may, without an
25
inquiry, remove the name of the person from the
register.
(6) Subject to subsection (5) and sections 10(5), 13, 13A
and 16A(2), the Board shall not remove the name of a
person registered under this section from the register or
30
suspend the registration of a person so registered after
the person has complied with the conditions imposed
by subsection (2)(b) and (c).
page 4
Medical Amendment Bill 2000
s. 9
(7) In this section --
"practise as a general practitioner" means practise as
a medical practitioner engaged in primary,
continuing, comprehensive, whole-patient care of
individuals, families and their community;
5
"remote and rural WA" means any part of the State,
outside the Perth metropolitan area, determined by
the Minister to be remote and rural WA for the
purposes of this section.
".
10
9. Section 12B amended
Section 12B(1) and (4) are amended by deleting "or 11AF(1)"
and inserting instead --
" , 11AF(1) or 11AG ".
10. Transfer of certain existing registrations
15
(1) On the commencement of this section the Board is to register
under section 11AG all eligible persons.
(2) For the purpose of calculating any period of time in relation to a
condition imposed by section 11AG(2), an eligible person is
taken to have been registered under section 11AG on the day on
20
which the State Interview Panel assessed the person as being
suitable to be a general practitioner in remote and rural WA.
(3) In this section --
"eligible person" means a person --
(a) who is registered as a medical practitioner under
25
section 11AF;
(b) who was so registered on or after 26 April 1999 but
before the commencement of this Act; and
page 5
Medical Amendment Bill 2000
s. 10
(c) who has been assessed by the State Interview Panel
as being suitable to be a general practitioner in
remote and rural WA;
"remote and rural WA" has the same meaning as in
section 11AG;
5
"section" means a section of the Medical Act 1894;
"State Interview Panel" means the panel established by the
Western Australian Centre for Remote and Rural Medicine
for the purposes of assessing, and advising the Board as to,
the suitability of overseas trained persons to be general
10
practitioners in remote and rural WA.
page 6
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