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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Medical Practitioners Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Objects of Act 2
4. Terms used in this Act 2
5. Application 6
Part 2 -- Medical Board and
committees
Division 1 -- The Board
6. Board established 7
7. Membership of Board 7
8. Presiding member and deputy presiding member 8
9. Constitution and proceedings 8
10. Remuneration 8
Division 2 -- Functions and powers
11. Functions of Board 8
12. Powers 9
13. Delegation by Board 9
Division 3 -- Relationship of Board with
Minister
14. Directions by Minister 10
15. Minister to have access to information 11
Division 4 -- Committees
16. Committees 12
17. Provisions relating to committees 12
183--1 page i
Medical Practitioners Bill 2006
Contents
Division 5 -- Registrar and other staff
18. Registrar 13
19. Other staff 14
20. Use of other government staff etc. 14
Division 6 -- General
21. Duty not to make improper use of information 14
22. Meetings 15
23. Execution of documents by Board 15
24. Recovery of penalties, costs and expenses required
to be paid to the Board 16
Part 3 -- Finance and reports
25. Funds of the Board 17
26. Accounts 17
27. Audit 18
28. Annual report and other reports 18
Part 4 -- Registration of medical
practitioners
Division 1 -- Registration
29. Natural persons may be registered 20
30. General registration 20
31. Conditional registration for internship or
supervised clinical practice 21
32. Provisional registration 22
33. Conditional registration for general practice in
remote and rural WA 23
34. Special purpose conditional registration 25
35. Non-practising registration 26
36. Voluntary change in registration 27
37. Specialties to be prescribed 28
38. Registration of specialists 28
39. Review of condition imposed under section 30(5),
33(6), 34(4) or 38(6) 30
40. Professional indemnity insurance 31
41. Application 32
42. Board may request consent to undertake a criminal
record check 34
43. Criminal record check 34
44. Effect of registration 35
page ii
Medical Practitioners Bill 2006
Contents
45. Duration of registration 35
46. Renewal of registration 36
47. Application for registration by a person whose
registration has been cancelled under
section 116(1)(k) 37
Division 2 -- The register
48. The register 37
49. Inspection of register 39
50. Certificate of registration 39
51. Replacement of certificate of registration 40
52. Voluntary removal from register 40
53. Amendment of particulars 41
54. Removal of names in certain circumstances 41
55. Removal of names of deceased persons 41
56. Suspension or cancellation of registration in
another State or a Territory 41
57. Effect of removal of name from register 42
Division 3 -- Notifications to Board
58. Change of address 42
59. Loss of qualifications 43
60. Insolvency 43
61. Civil or criminal proceedings 43
62. Information about professional indemnity
insurance 44
63. Notification of cancellation or suspension of
registration elsewhere 45
64. Notification of condition imposed on registration
elsewhere 45
Division 4 -- Defence force medical officer
65. Medical officer of a defence force of the
Commonwealth 46
66. Medical officer of visiting forces 46
Part 5 -- Interstate practitioners
Division 1 -- Preliminary
67. Terms used in this Part 49
page iii
Medical Practitioners Bill 2006
Contents
Division 2 -- Practice by an interstate
practitioner
68. Persons who are to be taken to be registered under
section 30 or 38 49
69. Practising in this State 50
70. Interstate practitioner not to be taken to be
registered in some circumstances 51
71. Effect of suspension under this Act 51
Division 3 -- Complaints about interstate
practitioners
72. Referral of complaint to regulatory authority in
another State or a Territory 52
73. Dealing with matters referred by a regulatory
authority in another State or a Territory 53
Division 4 -- Miscellaneous
74. Interstate practitioner disqualified in another State
or a Territory 53
75. Interstate certificate 53
Part 6 -- Disciplinary, competency
and impairment matters
Division 1 -- Preliminary
76. Disciplinary matters 54
77. Competency matters 55
78. Impairment matters 55
Division 2 -- Committees
79. Complaints assessment committee 55
80. Professional standards committee 56
81. Impairment review committee 57
82. Panel 58
Division 3 -- Complaints
83. Complaints 59
84. Action by complaints assessment committee 61
85. Complaints assessment committee to determine
action required 61
86. Role of Board 63
page iv
Medical Practitioners Bill 2006
Contents
Division 4 -- Summary orders of Board
87. Interim orders by Board 63
88. Complaint dealt with summarily to be referred to
the State Administrative Tribunal 65
Division 5 -- Disciplinary matters
89. Action by Board 65
90. Investigator 66
91. Report of investigator 66
92. Powers of investigator 67
93. Warrant to enter premises 70
94. Issue of warrant 71
95. Execution of warrant 72
96. Role of professional standards committee 72
97. Role of Board 74
Division 6 -- Impairment matters
98. Request by medical practitioner for imposition of
condition 75
99. Revocation of condition 76
100. Action by Board 76
101. Medical examination of medical practitioner 77
102. Role of the impairment review committee 78
103. Role of Board 80
Division 7 -- Competency matters
104. Action by Board 81
105. Assessment of medical practitioner 82
106. Assessor 83
107. Powers of assessor 83
108. Role of the professional standards committee 86
109. Role of Board 87
Division 8 -- Conciliation
110. Conciliation process 88
111. Action if conciliation fails 90
Division 9 -- Medical students
112. Impaired ability to participate in a clinical activity 90
113. Referral to impairment review committee 91
114. Revocation of prohibition 92
page v
Medical Practitioners Bill 2006
Contents
Division 10 -- Role of the State Administrative
Tribunal
115. Constitution of State Administrative Tribunal 93
116. Powers of the State Administrative Tribunal in
relation to a disciplinary matter 93
117. Powers of the State Administrative Tribunal in
relation to an impairment matter 95
118. Powers of the State Administrative Tribunal in
relation to a competency matter 95
119. Powers of the State Administrative Tribunal in
relation to a medical student 96
120. Ancillary powers of the State Administrative
Tribunal 97
Division 11 -- Miscellaneous
121. Release of information: Board, professional
standards committee and impairment review
committee 97
122. Suspension 98
123. Costs 99
Part 7 -- Offences
124. Persons who may practise medicine 100
125. Persons who may be employed or engaged to
practise medicine 100
126. Exceptions to sections 124 and 125 101
127. Use of title "medical practitioner" or a title of a
specialist, or pretending to be registered 101
128. Medical services provided by a person registered
elsewhere 102
129. Medical practitioners to arrange consultation in
certain cases 102
130. Restriction on administration of anaesthetics in
certain cases 103
131. Offences related to advertising medical services 103
132. Failure to comply with an order or requirement of
the Board 104
133. False or misleading information 105
134. Confidentiality 105
135. Offences in relation to assessment or investigation 106
136. Obstruction of assessor or investigator 107
page vi
Medical Practitioners Bill 2006
Contents
137. Impersonating an investigator or assessor 107
138. Information relating to certain business structures 108
139. Undue influence 108
140. Payment, or acceptance of payment, for referrals
prohibited 109
141. Persons may be prohibited from supplying health
services etc. 109
142. Assistance to execute a warrant 111
143. Surrender of certificate 111
144. Incriminating information, questions or documents 112
145. Legal professional privilege 112
Part 8 -- Codes of practice, rules,
regulations and forms
146. Codes of practice 114
147. Rules 116
148. Regulations 116
149. Forms 118
Part 9 -- Miscellaneous
150. Protection 119
151. Notice of decision to be given 119
152. Review 120
153. Publication of proceedings etc. 121
154. Furnishing information 122
155. Legal proceedings 123
156. Liability of certain officers of body corporate:
offences 124
157. Confidentiality of certain reports 125
158. Assessment and medical report 125
159. Review of Act 126
160. Repeals 126
161. Savings and transitional provisions 127
162. Consequential amendments 127
page vii
Medical Practitioners Bill 2006
Contents
Schedule 1 -- Constitution and
proceedings of the Board
Division 1 -- General provisions
1. Term of office 128
2. Functions of deputy presiding member 128
3. Deputy members 128
4. Vacation of office by member 129
5. General procedure concerning meetings 130
6. Voting 130
7. Holding meetings remotely 131
8. Resolution without meeting 131
9. Minutes 131
Division 2 -- Disclosure of interests etc.
10. Meaning of "member" 131
11. Disclosure of interests 131
12. Exclusion of interested member 132
13. Board or committee may resolve that clause 12
inapplicable 132
14. Quorum where clause 12 applies 132
15. Minister may declare clauses 12 and 14
inapplicable 132
Schedule 2 -- Savings and
transitional provisions
1. Terms used in this Schedule 133
2. Interpretation Act 1984 not affected 133
3. The Medical Board continues 133
4. Board members 134
5. The registrar and other staff 134
6. Natural persons registered under the repealed Act 134
7. Provisional registration 136
8. Certificates of registration issued under the
repealed Act 136
9. Suspensions 137
10. Undertakings under the repealed Act 137
11. Matter referred to the professional standards
committee under section 13 of the repealed Act 137
12. Investigations 137
page viii
Medical Practitioners Bill 2006
Contents
13. Failure to comply with an order made under the
repealed Act 137
14. Medical call services 138
15. Annual report for part of a year 138
16. Powers in relation to transitional provision 138
Schedule 3 -- Consequential
amendments
1. Adoption Act 1994 amended 140
2. Alcohol and Drug Authority Act 1974 amended 140
3. Anatomy Act 1930 amended 140
4. Bail Act 1982 amended 141
5. Births, Deaths and Marriages Registration
Act 1998 amended 141
6. Blood Donation (Limitation of Liability) Act 1985
amended 141
7. Chiropractors Act 1964 amended 142
8. Chiropractors Act 2005 amended 142
9. Civil Liability Act 2002 amended 142
10. Constitution Acts Amendment Act 1899 amended 143
11. Coroners Act 1996 amended 143
12. Corruption and Crime Commission Act 2003
amended 144
13. Court Security and Custodial Services Act 1999
amended 144
14. Cremation Act 1929 amended 144
15. Criminal Injuries Compensation Act 2003
amended 145
16. Criminal Investigation (Identifying People)
Act 2002 amended 145
17. Criminal Investigation Act 2006 amended 145
18. Criminal Property Confiscation Act 2000 amended 146
19. Dental Act 1939 amended 146
20. Diamond (Argyle Diamond Mines Joint Venture)
Agreement Act 1981 amended 146
21. Firearms Act 1973 amended 147
22. Gender Reassignment Act 2000 amended 147
23. Guardianship and Administration Act 1990
amended 147
24. Health Act 1911 amended 148
page ix
Medical Practitioners Bill 2006
Contents
25. Health Legislation Administration Act 1984
amended 148
26. Health Professionals (Special Events Exemption)
Act 2000 amended 148
27. Health Services (Conciliation and Review)
Act 1995 amended 149
28. Hospitals and Health Services Act 1927 amended 149
29. Human Reproductive Technology Act 1991
amended 149
30. Human Tissue and Transplant Act 1982 amended 150
31. Industrial Relations Act 1979 amended 150
32. Juries Act 1957 amended 151
33. Magistrates Court Act 2004 amended 151
34. Medical Radiation Technologists Act 2006
amended 151
35. Mental Health Act 1996 amended 152
36. Miner's Phthisis Act 1922 amended 152
37. Minimum Conditions of Employment Act 1993
amended 153
38. Misuse of Drugs Act 1981 amended 153
39. Nurses Act 1992 amended 153
40. Nurses and Midwives Act 2006 amended 153
41. Oaths, Affidavits and Statutory Declarations
Act 2005 amended 154
42. Occupational Therapists Act 2005 amended 154
43. Optometrists Act 1940 amended 154
44. Optometrists Act 2005 amended 155
45. Osteopaths Act 1997 amended 155
46. Osteopaths Act 2005 amended 155
47. Pharmacy Act 1964 amended 155
48. Physiotherapists Act 1950 amended 156
49. Physiotherapists Act 2005 amended 156
50. Podiatrists Act 2005 amended 156
51. Podiatrists Registration Act 1984 amended 156
52. Poisons Act 1964 amended 157
53. Prisons Act 1981 amended 157
54. Prostitution Act 2000 amended 158
55. Psychologists Act 2005 amended 158
56. Queen Elizabeth II Medical Centre Act 1966
amended 158
57. Road Traffic Act 1974 amended 159
page x
Medical Practitioners Bill 2006
Contents
58. Sentencing Act 1995 amended 159
59. State Administrative Tribunal Act 2004 amended 159
60. Workers' Compensation and Injury Management
Act 1981 amended 160
61. Young Offenders Act 1994 amended 160
Defined Terms
page xi
Western Australia
LEGISLATIVE ASSEMBLY
Medical Practitioners Bill 2006
A Bill for
An Act to --
x provide for the regulation of the practice of medicine and
registration of persons as medical practitioners; and
x repeal the Medical Act 1894; and
x make consequential amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Medical Practitioners Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Medical Practitioners Act 2006.
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
5
(2) Different days may be fixed for different provisions.
Note: Under the Interpretation Act 1984 section 22, this section and section 1
come into operation on the day on which this Act receives the Royal
Assent.
3. Objects of Act
10
The objects of this Act are --
(a) to ensure that only properly qualified and competent
persons practise medicine and to regulate the practice of
medicine by those persons; and
(b) to establish, maintain and promote suitable standards of
15
knowledge and skills among medical practitioners,
for the purpose of protecting consumers of medical services
provided by medical practitioners in Western Australia.
4. Terms used in this Act
In this Act, unless the contrary intention appears --
20
"approved" means approved by the Board in writing;
"assessor" means a person or persons appointed under
section 106;
"Board" means the Medical Board of Western Australia
established by section 6;
25
"certificate of registration" means a certificate of registration
issued under section 50;
page 2
Medical Practitioners Bill 2006
Part 1
Preliminary
s. 4
"committee" means a committee established by the Board
under this Act;
"competency matter" means a matter referred to in section 77;
"complainant" means a person who lodges a complaint under
section 83(1) or (2);
5
"complaint" means --
(a) a complaint lodged under section 83(1) or (2); and
(b) a matter the Board has determined under
section 83(3) to deal with as if it were the subject of a
complaint; and
10
(c) a matter referred to the impairment review committee
under section 98(3); and
(d) a complaint referred to the Board by the Director
under the Health Services (Conciliation and Review)
Act 1995 section 31 or 43(3);
15
"complaints assessment committee" means the committee
established under section 79;
"condition" includes restriction;
"Corporations Act" means the Corporations Act 2001 of the
Commonwealth;
20
"corresponding law" means a law of another State or a
Territory --
(a) that provides for the registration of medical
practitioners; and
(b) is prescribed by the regulations to be a corresponding
25
law for the purposes of this Act;
"criminal record check" means a document issued by the
Australian Federal Police or another body or agency
approved by the Board that sets out the criminal
convictions of an individual for offences under the law of
30
Western Australia, the Commonwealth, another State or a
Territory;
page 3
Medical Practitioners Bill 2006
Part 1 Preliminary
s. 4
"defence force medical officer" means a person taken to be
registered under section 65(1) or 66(2);
"Director" means the Director of the Office of Health Review
under the Health Services (Conciliation and Review)
Act 1995;
5
"disciplinary matter" means a matter referred to in
section 76(1);
"document" includes any tape, disc or other device or medium
on which information is recorded or stored;
"impairment" means --
10
(a) mental disability; or
(b) injury; or
(c) physical illness;
"impairment matter" means a matter referred to in section 78;
"impairment review committee" means the committee
15
established under section 81;
"interstate practitioner" means a person taken under
section 68 to be registered under section 30 or 38;
"investigator" means a person appointed under section 90(1);
"medical practitioner" means a person who is registered;
20
"medical student" means a person enrolled in a course of
medical study at a medical school in this State accredited
by the Australian Medical Council;
"medicine" includes surgery;
"member of the Board" includes a person acting under
25
Schedule 1 clause 3;
"officer", in relation to a body corporate, has the meaning given
to "officer of a corporation" in the Corporations Act
section 9 but does not include an employee of the body
corporate unless the employee is concerned in the
30
management of the body corporate;
page 4
Medical Practitioners Bill 2006
Part 1
Preliminary
s. 4
"presiding member" means the presiding member of the Board
referred to in section 8;
"professional standards committee" means the committee
established under section 80;
"register" means the register referred to in section 48;
5
"registered" means registered by the Board under this Act;
"registrar" means the person engaged or employed to be the
registrar under section 18;
"registration" includes renewal of registration;
"regulatory authority" --
10
(a) in relation to this State, means the Board or the State
Administrative Tribunal; and
(b) in relation to another State or a Territory, means a
person or body whose functions under a
corresponding law of that State or Territory
15
correspond closely to the functions of the Board or
the State Administrative Tribunal under this Act;
"respondent" means a person the subject of a complaint;
"sexual misconduct" means --
(a) sexual intercourse or other forms of physical sexual
20
relations between a medical practitioner and a
patient; or
(b) touching of a sexual nature, of a patient by a medical
practitioner; or
(c) behaviour or remarks of a sexual nature by a medical
25
practitioner towards a patient;
"specialist" means a person who is registered under section 38;
"speciality" means a branch of medicine prescribed under
section 37(1) to be a specialty.
page 5
Medical Practitioners Bill 2006
Part 1 Preliminary
s. 5
5. Application
(1) This Act, does not apply to, or in respect of, or in any way affect
the practice of a person's profession as --
(a) a chiropractor registered under the Chiropractors
Act 2005; or
5
(b) a dentist registered under the Dental Act 1939; or
(c) a dental prosthetist registered under the Dental
Prosthetists Act 1985; or
(d) a medical radiation technologist registered under the
Medical Radiation Technologists Act 2006; or
10
(e) an enrolled, nurse practitioner, registered nurse or
midwife registered under the Nurses and Midwives
Act 2006; or
(f) an occupational therapist registered under the
Occupational Therapists Act 2005; or
15
(g) an optometrist registered under the Optometrists
Act 2005; or
(h) an osteopath registered under the Osteopaths
Act 2005; or
(i) a physiotherapist registered under the Physiotherapists
20
Act 2005; or
(j) a podiatrist registered under the Podiatrists Registration
Act 2005; or
(k) a psychologist registered under the Psychologists
Act 2005.
25
(2) A reference in subsection (1) to an Act (the "new Act") that
will replace another Act (the "old Act") is to be taken to be a
reference to the old Act until the old Act is repealed by the new
Act.
page 6
Medical Practitioners Bill 2006
Part 2
Medical Board and committees
Division 1
The Board
s. 6
Part 2 -- Medical Board and committees
Division 1 -- The Board
6. Board established
(1) A body called the Medical Board of Western Australia is
established.
5
(2) The Board --
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) may sue and be sued in its corporate name.
(3) The Board does not represent, and is not an agent of, the Crown.
10
7. Membership of Board
(1) In this section --
"medical practitioner" does not include an interstate
practitioner or a defence force medical officer.
(2) The Board consists of 12 members appointed by the Minister, of
15
whom --
(a) 6 are to be medical practitioners; and
(b) one is to be a medical practitioner who is a member of
the full-time academic staff of a university in this State
with a medical school accredited by the Australian
20
Medical Council; and
(c) one is to be a person nominated by the chief executive
officer who is --
(i) a medical practitioner; and
(ii) a public service officer, as defined in the
25
Public Sector Management Act 1994
section 3(1), or employed on the salaried staff
page 7
Medical Practitioners Bill 2006
Part 2 Medical Board and committees
Division 2 Functions and powers
s. 8
of a public authority, as defined in the
Industrial Relations Act 1979 section 7(1);
and
(d) one is to be the chief executive officer of the department
principally assisting the Minister in the administration of
5
the Consumer Affairs Act 1971 or an officer of the
Public Service of the State nominated by that chief
executive officer; and
(e) 2 are to be persons who have knowledge of and
experience in representing the interests of consumers;
10
and
(f) one is to be a legal practitioner as defined in the Legal
Practice Act 2003 section 3.
(3) Each member of the Board is to be a natural person.
8. Presiding member and deputy presiding member
15
The presiding member and the deputy presiding member of the
Board are to be elected by the Board from amongst its members.
9. Constitution and proceedings
Schedule 1 has effect with respect to the constitution and
proceedings of the Board.
20
10. Remuneration
A member of the Board, or of a committee, is to be paid such
remuneration and allowances (if any) as the Minister, on the
recommendation of the Minister for Public Sector Management,
determines from time to time.
25
Division 2 -- Functions and powers
11. Functions of Board
The functions of the Board are as follows --
(a) to advise the Minister on matters to which this Act
applies;
30
page 8
Medical Practitioners Bill 2006
Part 2
Medical Board and committees
Division 2
Functions and powers
s. 12
(b) to administer the scheme of registration under Part 4;
(c) to perform functions in relation to disciplinary,
competency and impairment matters under Part 6;
(d) to support and promote public education in relation to
the practice of medicine and the rights and duties of
5
medical practitioners;
(e) to monitor and support the development of standards for
the registration of medical practitioners and the
assessment of qualifications for registration under this
Act;
10
(f) to promote and encourage --
(i) the continuing education of medical practitioners
in the practice of medicine; and
(ii) increased levels of skill, knowledge and
competence in the practice of medicine;
15
(g) to perform other functions that are conferred on the
Board under this Act or any other Act.
12. Powers
The Board has all the powers it needs to perform its functions.
13. Delegation by Board
20
(1) The Board may delegate any power or duty of the Board under
another provision of this Act, other than those referred to in the
Table to this subsection, to --
(a) a member of the Board; or
(b) a committee; or
25
(c) a member of a committee.
page 9
Medical Practitioners Bill 2006
Part 2 Medical Board and committees
Division 3 Relationship of Board with Minister
s. 14
Table
s. 30 s. 38 s. 86 s. 99
s. 31 s. 39 s. 87 s. 103
s. 33 s. 46 s. 97 s. 109
s. 34 s. 47 s. 98
(2) The delegation must be in writing executed by the Board.
(3) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been
5
delegated to the person under this section is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
(5) Nothing in this section limits the ability of the Board to perform
a function through the registrar or any other member of staff or
10
an agent.
Division 3 -- Relationship of Board with Minister
14. Directions by Minister
(1) Subject to subsection (2), the Minister may, after consulting
with the Board, give directions in writing to the Board with
15
respect to the performance of its functions either generally or in
relation to a particular matter, and the Board is to give effect to
any such direction.
(2) The Minister must not under subsection (1) direct the Board
with respect to the performance of its functions in respect of --
20
(a) a particular person; or
(b) a particular qualification; or
(c) a particular application, complaint or proceeding.
page 10
Medical Practitioners Bill 2006
Part 2
Medical Board and committees
Division 3
Relationship of Board with Minister
s. 15
(3) The text of a direction given under subsection (1) must be --
(a) laid before each House of Parliament within 14 sitting
days of that House after the direction is given; and
(b) included in the annual report submitted by the Board
under section 28(1).
5
15. Minister to have access to information
(1) In this section --
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Board.
10
(2) The Minister is entitled --
(a) to have information in the possession of the Board; and
(b) if the information is in or on a document, to have, and
make and retain copies of, that document.
(3) For the purposes of subsection (2) the Minister may --
15
(a) request the Board to furnish information to the
Minister; or
(b) request the Board to give the Minister access to
information; or
(c) for the purpose of paragraph (b), make use of the staff of
20
the Board to obtain the information and furnish it to the
Minister.
(4) The Board is to comply with a request under subsection (3) and
make its staff and facilities available to the Minister for the
purposes of subsection (3)(c).
25
(5) The Minister is not entitled to have information under this
section in a form that --
(a) discloses the identity of a person involved in a particular
application, complaint, investigation or other
proceeding; or
30
page 11
Medical Practitioners Bill 2006
Part 2 Medical Board and committees
Division 4 Committees
s. 16
(b) might enable the identity of any such person to be
ascertained,
unless that person has consented to the disclosure.
Division 4 -- Committees
16. Committees
5
(1) In addition to the complaints assessment committee, the
professional standards committee and the impairment review
committee, the Board may from time to time establish any other
committee.
(2) The Board may --
10
(a) determine the functions, membership and
constitution; and
(b) appoint such members and other persons as it thinks fit
to be members; and
(c) give directions with respect to the functions and
15
procedures,
of a committee established under this section.
(3) A committee is to comply with a direction given to it under
subsection (2)(c).
(4) At the request of the Board, a committee established under this
20
section is to report on the performance of its functions to the
Board, in accordance with the Board's request.
17. Provisions relating to committees
(1) Each member of a committee is to be a natural person.
(2) The Board may remove a person from membership of a
25
committee and may reconstitute or discharge a committee
established by the Board.
page 12
Medical Practitioners Bill 2006
Part 2
Medical Board and committees
Division 5
Registrar and other staff
s. 18
(3) A committee is to ensure that an accurate record is kept and
preserved of the proceedings of each meeting of the committee
and of each resolution passed by the committee.
(4) Subject to this Act, a committee may determine its own
procedures.
5
(5) A person with special knowledge or experience may be invited
to act in an advisory capacity to a committee if the committee is
of the opinion that the person will assist the committee in the
performance of its functions and the Board has approved the
invitation.
10
Division 5 -- Registrar and other staff
18. Registrar
(1) The Board is to engage or employ a person to be the registrar.
(2) The registrar has the functions that are conferred by this Act or
that the Board directs the registrar to perform.
15
(3) The registrar may delegate to a person engaged or employed by
the Board any power or duty of the registrar under another
provision of this Act.
(4) The delegation must be in writing executed by the registrar.
(5) A person to whom a power or duty is delegated under this
20
section cannot delegate that power or duty.
(6) A delegate exercising or performing a power or duty that has
been delegated to the person under this section is to be taken to
do so in accordance with the terms of the delegation unless the
contrary is shown.
25
(7) The registrar is not to be employed under the Public Sector
Management Act 1994 Part 3.
page 13
Medical Practitioners Bill 2006
Part 2 Medical Board and committees
Division 6 General
s. 19
19. Other staff
(1) The Board may engage or employ persons to provide such
professional, technical or other assistance that the Board
considers necessary to enable it or a committee to perform its
functions.
5
(2) A person referred to in subsection (1) is not to be employed
under the Public Sector Management Act 1994 Part 3.
20. Use of other government staff etc.
(1) The Board may by arrangement with the relevant employer
make use, either full-time or part-time, of the services of any
10
officer or employee --
(a) in the Public Service; or
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the Crown in right of the
State.
15
(2) The Board may by arrangement with --
(a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
20
(3) An arrangement under subsection (1) or (2) is to be made on
such terms as are agreed to by the parties.
Division 6 -- General
21. Duty not to make improper use of information
A member or former member of the Board, a member or former
25
member of a committee or a person referred to in section 17(5)
must not, whether within or outside the State, make improper
use of information acquired by virtue of that position to gain,
page 14
Medical Practitioners Bill 2006
Part 2
Medical Board and committees
Division 6
General
s. 22
directly or indirectly, an advantage for himself or herself or for
any other person.
Penalty: a fine of $5 000.
22. Meetings
(1) Subject to this section, a meeting of the Board is to be closed to
5
members of the public.
(2) Despite subsection (1), the Board may, of its own initiative or
on the application of any person, order that in any particular
case a meeting, or part of a meeting, of the Board is open to
members of the public.
10
23. Execution of documents by Board
(1) The Board is to have a common seal.
(2) A document is duly executed by the Board, if --
(a) the common seal of the Board is affixed to it in
accordance with subsections (3) and (4); or
15
(b) it is signed on behalf of the Board by a person or
persons authorised by the Board to do so under
subsection (5).
(3) The common seal of the Board is not to be affixed to any
document except as authorised by the Board.
20
(4) The common seal of the Board is to be affixed to a document in
the presence of 2 members of the Board and each of them is to
sign the document to attest that the common seal was so affixed.
(5) The Board may, by writing under its seal, authorise --
(a) a member or members of the Board; or
25
(b) a member or members of staff,
to sign documents on behalf of the Board, either generally or
subject to such conditions as are specified in the authorisation.
page 15
Medical Practitioners Bill 2006
Part 2 Medical Board and committees
Division 6 General
s. 24
(6) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
is shown.
(7) When a document is produced bearing a seal purporting to be
the common seal of the Board, it is to be presumed that the seal
5
is the common seal of the Board until the contrary is shown.
24. Recovery of penalties, costs and expenses required to be
paid to the Board
A penalty or any costs or expenses required to be paid to the
Board under this Act is recoverable by the Board in a court of
10
competent jurisdiction as a debt due to the Board.
page 16
Medical Practitioners Bill 2006
Part 3
Finance and reports
s. 25
Part 3 -- Finance and reports
25. Funds of the Board
(1) The funds of the Board consist of --
(a) fees received by the Board; and
(b) grants (if any) by the State, and all gifts and donations
5
made to the Board, but subject to any trusts declared in
relation to the grants, gifts or donations; and
(c) penalties, costs and expenses received under section 24
or required to be paid under section 123; and
(d) other money or property lawfully received by the Board
10
in connection with the performance of its functions.
(2) The funds of the Board may be applied --
(a) for the purposes of the administration and enforcement
of this Act, including the remuneration of members of
the Board and committees and of the registrar and other
15
persons engaged or employed by the Board; and
(b) for the payment of examinations and reports in
accordance with section 101(4); and
(c) for the furtherance of education, including public
education, and research in relation to the practice of
20
medicine; and
(d) by way of contribution to the Australian Medical
Council and other professional bodies for medical
practitioners for the development by that Council or
body of professional standards; and
25
(e) for any other purpose that the Board may recommend
and the Minister may approve to enable the Board to
perform its functions.
26. Accounts
(1) The Board is to cause to be kept proper accounts and records of
30
the transactions and affairs of the Board and is to prepare
page 17
Medical Practitioners Bill 2006
Part 3 Finance and reports
s. 27
financial statements in accordance with Australian Accounting
Standards.
(2) The financial statements are to be prepared on an accrual basis
unless the Board determines otherwise.
27. Audit
5
The accounts and financial statements of the Board are to be
audited at least once a year, at the expense of the Board, by the
Auditor General appointed under the Financial Administration
and Audit Act 1985.
28. Annual report and other reports
10
(1) The Board, not later than 30 September in each year, is to make
and submit to the Minister an annual report of its proceedings
for the preceding year ending on 30 June together with a copy
of its financial statements for that year and the auditor's report
on those statements.
15
(2) The Board's annual report is to include details of --
(a) the number, nature and outcome of --
(i) complaints made, taken to be made or referred
under this Act during the year to which the report
relates; and
20
(ii) investigations and proceedings undertaken under
this Act during the year to which the report
relates; and
(iii) matters that have been brought before the State
Administrative Tribunal by the Board during the
25
year to which the report relates;
and
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding; and
(c) the text of a direction given to the Board under
30
section 14(1) or 146(4); and
page 18
Medical Practitioners Bill 2006
Part 3
Finance and reports
s. 28
(d) any reasons given to the Board by the Minister under
section 146(5); and
(e) any trends or special problems that may have
emerged; and
(f) forecasts of the workload of the Board in the year after
5
the year to which the report relates; and
(g) any proposals for improving the operation of the Board.
(3) The Minister is to cause a copy of the Board's annual report and
financial statements and of the auditor's report submitted under
subsection (1) to be laid before each House of Parliament within
10
14 sitting days of that House after receipt of the report by the
Minister.
(4) Within 30 days after the end of the months of March, June,
September and December the Board is to prepare a report
containing the following information for the preceding
15
3 months --
(a) the number, nature and outcome of complaints;
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
(c) the major items of business discussed by the Board or a
20
committee;
(d) the resolutions passed by the Board or a committee.
(5) The Board is to ensure that, after subsections (3) and (4) have
been complied with, copies of the reports and statements
referred to in those subsections are available on request for
25
inspection at its principal place of business.
(6) If a direction is in force under section 121(1), any matter that
must not be published under that direction must not be disclosed
in a report under subsection (2) or (4).
page 19
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 1 Registration
s. 29
Part 4 -- Registration of medical practitioners
Division 1 -- Registration
29. Natural persons may be registered
Registration under this Act may be granted only to a natural
person.
5
30. General registration
(1) The Board is to register an applicant as a medical practitioner if
satisfied that the applicant has --
(a) complied with the requirements of subsection (2); and
(b) paid the registration fee, if any, prescribed by the
10
regulations.
(2) The requirements for registration are that the applicant --
(a) is a fit and proper person to be registered as a medical
practitioner; and
(b) has not been convicted of an offence the nature of which
15
renders the person unfit to practise medicine; and
(c) is competent to practise medicine (that is, the person has
sufficient physical capacity, mental capacity and skill to
practise medicine); and
(d) has a sound knowledge of the English language and
20
possesses sufficient skill in the expression of that
language, both written and oral, for the practice of
medicine; and
(e) has a recognised medical qualification; and
(f) has successfully completed a period of internship or
25
supervised clinical practice approved by the Board in
writing or prescribed by the rules.
page 20
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 1
Registration
s. 31
(3) For the purposes of subsection (2)(e) a person has a recognised
medical qualification if the person --
(a) is a graduate of a medical school accredited by the
Australian Medical Council; or
(b) has successfully completed examinations held by that
5
Council for the purposes of registration as a medical
practitioner; or
(c) is certified by that Council as having a qualification that
is substantially equivalent to a qualification referred to
in paragraph (a) or has successfully completed
10
examinations that are substantially equivalent to those
referred to in paragraph (b).
(4) The entitlement to registration of a person referred to in
subsection (1) is an entitlement to general registration.
(5) The Board may, by written notice to a medical practitioner,
15
impose such conditions on registration under subsection (1) as
the Board reasonably requires to ensure the competent and safe
practice of medicine by the medical practitioner.
(6) A condition imposed under subsection (5) may apply
indefinitely or for a period of time specified by the Board in the
20
written notice.
(7) Subject to section 39, the Board may, on its own motion or on
the application of a person the subject of a condition imposed
under this section, on reasonable grounds, revoke or vary the
condition.
25
31. Conditional registration for internship or supervised
clinical practice
(1) The Board may grant a person conditional registration as a
medical practitioner if the Board is satisfied that the person --
(a) meets the requirement of section 30(2)(a), (b), (c), (d)
30
and (e) but does not meet the requirements of
section 30(2)(f); and
page 21
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 1 Registration
s. 32
(b) has paid the registration fee, if any, prescribed by the
regulations.
(2) The Board may grant a person conditional registration as a
medical practitioner if the Board is satisfied that the person --
(a) meets the requirements of section 38(3)(a), (b), (c), (d)
5
and (e) but does not meet the requirement of
section 38(3)(f); and
(b) has paid the registration fee, if any, prescribed by the
regulations.
(3) The Board may impose such conditions on registration under
10
subsection (1) or (2) as the Board reasonably requires for the
purpose of enabling the person to complete a period of
internship or supervised clinical practice and specifies by
written notice given to the person.
(4) The Board may at any time cancel a conditional registration
15
under this section.
(5) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
32. Provisional registration
20
(1) The registrar or any member of the Board may register an
applicant provisionally under section 30, 31, 34 or 38 if satisfied
that --
(a) the applicant has applied to be registered under
section 30, 31, 34 or 38; and
25
(b) the requisite evidence is likely to be produced to enable
the Board to be satisfied as to the matters set out in
section 30(2), 31(1)(a), 34(2)(a) or 38(2), (3) or (4), as
the case requires; and
(c) that the applicant has paid the registration fee, if any,
30
prescribed by the regulations.
page 22
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 1
Registration
s. 33
(2) Provisional registration has effect for a period of 3 months
beginning on the day on which it is granted unless earlier
cancelled.
(3) The Board may, by written notice given to a medical
practitioner, impose such conditions on registration under
5
subsection (1) as the Board reasonably requires to ensure the
competent and safe practice of medicine by the medical
practitioner.
(4) If the Board, before the period referred to in subsection (2)
expires, has reason to believe that a person granted provisional
10
registration is not entitled to be registered as a medical
practitioner under section 30, 31 or 34 or as a specialist under
section 38, the Board may, without prejudice to the person's
application to be registered, cancel the person's provisional
registration.
15
33. Conditional registration for general practice in remote and
rural WA
(1) In this section --
"practise as a general practitioner" means practise as a
medical practitioner engaged in primary, continuing,
20
comprehensive, whole-patient care of individuals, families
and their community;
"remote and rural WA" means any part of the State outside
the metropolitan region, as defined in the Planning and
Development Act 2005 section 4(1), determined by the
25
Minister to be remote and rural WA for the purposes of this
section.
(2) The Board is to register an applicant as a medical practitioner if
satisfied that the applicant has --
(a) complied with the requirements of subsection (3); and
30
(b) paid the registration fee, if any, prescribed by the
regulations.
page 23
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 1 Registration
s. 33
(3) The requirements for registration are that the applicant --
(a) meets the requirements of section 30(2)(a), (b) and (d);
and
(b) is competent, having regard to the person's
qualifications and experience, to practise as a general
5
practitioner in this State; and
(c) has qualifications and experience in general practice
obtained outside Australia.
(4) Registration under this section is subject to the following
conditions --
10
(a) that the person practises only as a general
practitioner; and
(b) that the person practises only in remote and rural WA;
and
(c) if the person is not a fellow of the Royal Australian
15
College of General Practitioners or a member of a body
(if any) prescribed under the regulations at the time of
registration under this section, that he or she becomes
such a fellow or member within 2 years of being so
registered.
20
(5) The Board may, on the application of a person the subject of a
condition imposed under subsection (4)(c), if satisfied that there
is good reason to do so, vary the period of 2 years.
(6) The Board may, by written notice to the person, impose such
other conditions as it thinks appropriate on the registration of a
25
person under this section as the Board reasonably requires to
ensure the competent and safe practice of medicine by the
person.
(7) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under subsection (6),
30
on reasonable grounds, revoke or vary the condition.
(8) The Board may at any time on reasonable grounds cancel
registration under this section.
page 24
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 1
Registration
s. 34
34. Special purpose conditional registration
(1) In subsection (2)(b)(iv) --
"an unmet area of need" means an area of need determined by
the Minister.
(2) The Board may grant a person conditional registration as a
5
medical practitioner if --
(a) the Board is satisfied that the person meets the
requirements of section 30(2)(a), (b), (c) and (d); and
(b) the Board is satisfied that --
(i) the applicant is a graduate of medicine from an
10
institution which is not accredited by the
Australian Medical Council and registration is
necessary on a temporary basis to enable the
applicant to undertake a period of assessment or
postgraduate training in medicine approved by
15
the Board; or
(ii) the applicant desires registration to enable the
applicant to fill a medical teaching position and
the applicant has qualifications that the Board
recognises for that purpose; or
20
(iii) the applicant desires to be registered for the
purpose of enabling the applicant to fill a
medical research position and the applicant has
qualifications that the Board recognises for that
purpose; or
25
(iv) registration of the applicant would enable an
unmet area of need to be met and the applicant
has suitable qualifications and experience to
practise medicine in that area of need; or
(v) the applicant has specialist qualifications and
30
experience in medicine obtained outside
Australia and registration is for the purpose of
enabling the person to undergo further specialist
page 25
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 1 Registration
s. 35
training or examination as approved by the
Board; or
(vi) it is in the public interest to register the applicant
on a temporary basis;
and
5
(c) the person has paid the registration fee, if any,
prescribed by the regulations.
(3) Conditional registration under this section has effect --
(a) in relation to the type of registration referred to in
subsection (2)(b)(i) to (vi) for which the conditional
10
registration is granted; and
(b) until the day specified in the certificate of registration
(unless earlier cancelled).
(4) The Board may, by written notice given to the person granted
conditional registration, impose such conditions on registration
15
under subsection (2) as the Board reasonably requires, in any
particular case, to ensure the competent and safe conduct of the
activity or practice for which conditional registration is granted.
(5) The Board may at any time on reasonable grounds cancel a
conditional registration under this section.
20
(6) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
35. Non-practising registration
(1) The Board is to register an applicant as a non-practising medical
25
practitioner if satisfied that the applicant has --
(a) complied with the requirements of subsection (2); and
(b) paid the registration fee, if any, prescribed by the
regulations.
page 26
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 1
Registration
s. 36
(2) The requirements for registration are that the applicant --
(a) is a fit and proper person to be registered as a medical
practitioner; and
(b) has not been convicted of an offence the nature of which
renders the person unfit to practise medicine; and
5
(c) has a qualification referred to in
section 30(2)(e), 34(2)(b)(i) or (ii), or 38; and
(d) will not practise medicine whilst registered under this
section.
(3) Registration under subsection (1) is subject to the condition that
10
the applicant is not to practise medicine.
36. Voluntary change in registration
(1) A person who --
(a) is registered under section 30(1); and
(b) is not the subject of proceedings under Part 6,
15
may apply to the Board to --
(c) remove the name of the person from the register; and
(d) grant the person conditional registration for a type
referred to in section 34(2)(b)(i) to (vi).
(2) If the Board grants the application the Board is to --
20
(a) cancel the applicant's registration under section 30(1);
and
(b) grant the applicant conditional registration for the type
referred to in section 34(2)(b) requested by the
applicant.
25
(3) Section 34 applies in relation to a person granted conditional
registration under subsection (2)(b).
page 27
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 1 Registration
s. 37
37. Specialties to be prescribed
(1) The Governor, on the recommendation of the Board, may make
regulations prescribing --
(a) branches of medicine that are specialties with respect to
which a person may be registered as a specialist; and
5
(b) the title or titles of the specialty.
(2) Before making a recommendation to the Governor, the Board is
to seek advice from, and have regard to any advice provided by,
the Australian Medical Council as to whether or not a branch of
medicine should be prescribed as a specialty.
10
38. Registration of specialists
(1) The Board is to register an applicant as a specialist in a specialty
if satisfied that the applicant has --
(a) complied with a set of requirements in
subsection (2), (3) or (4); and
15
(b) paid the registration fee, if any, prescribed by the
regulations.
(2) A set of requirements for registration as a specialist is that --
(a) the applicant is registered under section 30; and
(b) the applicant --
20
(i) has an Australian or New Zealand qualification,
in the specialty, that is prescribed by the
regulations for the specialty; or
(ii) has a qualification in a specialty that the Board
considers is substantially equivalent to, or based
25
on similar competencies to, a qualification
prescribed under subparagraph (i).
(3) A set of requirements for registration as a specialist is that --
(a) the applicant is competent to practise in a specialty (that
is, the applicant has sufficient physical capacity, mental
30
capacity and skill to practise the specialty); and
page 28
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 1
Registration
s. 38
(b) the applicant has a sound knowledge of the English
language and possesses sufficient skill in the expression
of that language, both written and oral, for the practice
of the specialty; and
(c) the applicant is a fit and proper person to be registered
5
as a specialist; and
(d) the applicant has not been convicted of an offence the
nature of which renders the person unfit to practise as a
specialist; and
(e) the applicant --
10
(i) has an Australian or New Zealand qualification,
in the specialty, that is prescribed by the
regulations for the specialty; or
(ii) has a qualification that the Board considers is
substantially equivalent to, or based on similar
15
competencies to, a qualification prescribed under
subparagraph (i);
and
(f) has successfully completed a period of supervised
clinical practice approved by the Board in writing or
20
prescribed by the rules.
(4) A set of requirements for registration as a specialist is that the
applicant --
(a) is registered under section 30; and
(b) has practised in a specialty in the period immediately
25
preceding the day on which the specialty was prescribed
under section 37; and
(c) is competent to practise in the specialty (that is, the
applicant has sufficient physical capacity, mental
capacity and skill to practise the specialty); and
30
(d) has knowledge of, and experience in the practise of, the
specialty that the Board considers are sufficient as a
basis for specialist registration in the specialty.
page 29
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 1 Registration
s. 39
(5) In making its decision under subsection (1), the Board may have
regard to the advice and recommendation of any one or more of
the following --
(a) the Australian Medical Council;
(b) an Australian specialist college or institution for the
5
specialty.
(6) The Board may, by written notice to the specialist, impose such
conditions on registration under subsection (1) as the Board
reasonably requires to ensure the safe and competent practise of
the specialty by the specialist.
10
(7) Subject to section 39, a condition imposed under subsection (6)
may apply indefinitely or for a period specified by the Board in
the written notice.
(8) Subject to section 39, the Board may, on its own motion or on
the application of a person the subject of a condition imposed by
15
the Board under this section, on reasonable grounds, revoke or
vary the condition.
(9) It is a condition of a specialist's registration under
subsections (1) and (3) that the specialist can practise only the
specialty in relation to which the specialist is registered.
20
(10) Subject to this Act, registration of a person as a specialist
confers on that person the right to carry on in the State the
practice of the specialty for which the person was granted
registration as a specialist under the title or titles prescribed by
the regulations as the title or titles under which the specialty
25
may be practised.
39. Review of condition imposed under section 30(5), 33(6),
34(4) or 38(6)
(1) If the Board imposes a condition under section 30(5), 33(6),
34(4) or 38(6) it is to specify in the written notice a period of
30
time (the "restriction period") within which the person to
page 30
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 1
Registration
s. 40
whom the condition applies may not apply to the Board for the
condition to be revoked or varied.
(2) A person the subject of a condition referred to in subsection (1)
may not make an application to the Board for the condition to
be revoked or varied until --
5
(a) after the end of the restriction period; and
(b) thereafter, not less than 6 months after the day on which
the previous application was made.
(3) The Board is to determine an application for a condition to be
revoked or varied within 2 months of receiving the application.
10
(4) On an application for a condition to be revoked or varied, the
Board may on reasonable grounds revoke or vary a condition
referred to in subsection (1).
40. Professional indemnity insurance
(1) In this section --
15
"professional indemnity insurance" means professional
indemnity insurance that meets the minimum terms and
conditions approved by the Board.
(2) Without limiting the Board's powers under section 30, 32, 33,
34 or 38, the Board may by written notice impose both of the
20
following conditions as a conditions of registration under
section 30, 32, 33, 34 or 38 --
(a) that --
(i) the medical practitioner must hold professional
indemnity insurance; or
25
(ii) the medical care provided by the medical
practitioner must be covered by professional
indemnity insurance; or
(iii) the medical practitioner must be specified or
referred to in professional indemnity insurance,
30
whether by name or otherwise, as a person to
page 31
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 1 Registration
s. 41
whom the professional indemnity insurance
extends even though the medical practitioner is
not a party to the professional indemnity
insurance;
(b) that the professional indemnity insurance must meet the
5
minimum terms and conditions approved by the Board.
(3) A condition imposed under this section may apply indefinitely
or for a period of time specified by the Board in the written
notice of the decision given under section 151.
(4) The Board may, on its own motion or on the application of a
10
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
41. Application
(1) This section applies to the following applications --
(a) an application for registration;
15
(b) an application under section 35 or 36;
(c) an application under section 39 for a condition to be
revoked or varied.
(2) An application is to be --
(a) in writing; and
20
(b) made in an approved manner and form; and
(c) accompanied by the application fee, if any, prescribed.
(3) Subject to section 39(3), the Board is to determine an
application to which this section applies expeditiously.
(4) The registrar is to, if required to do so by the Board --
25
(a) investigate the application and the person who made the
application; and
(b) report to the Board on the results of the investigation.
page 32
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 1
Registration
s. 41
(5) The applicant must provide the Board or the registrar --
(a) with such further information as the Board or the
registrar requires, in any particular case, and if required
by the Board or the registrar must verify the information
by statutory declaration; and
5
(b) at the request of the Board or the registrar, with the
applicant's written consent to seek from another person,
specified by the Board or the registrar, information
about the applicant relevant to the application.
(6) The Board may, in writing, require an applicant to attend before
10
the Board for the purpose of satisfying the Board as to a matter
relevant to the application and, if the person fails to attend, may
refuse the application.
(7) In relation to an application for registration, the Board may, in
writing, require an applicant to --
15
(a) submit to a physical or mental examination carried out
by a person nominated by the Board; or
(b) submit to an oral or written examination carried out by a
person nominated by the Board; or
(c) perform a clinical examination of one or more patients
20
under the supervision of a person nominated by the
Board,
as the Board may reasonably require in relation to any
requirement for registration with which the applicant must
comply in order to be registered under this Act.
25
(8) The Board is to nominate a person who is competent to carry
out the examination or supervise the clinical examination.
(9) In relation to an application for renewal of registration, the
applicant must provide the Board with details of any
development or educational activities related to the practice of
30
medicine undertaken during his or her latest period of
registration.
page 33
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 1 Registration
s. 42
(10) If the applicant fails to submit to the examination or perform the
clinical examination required by the Board or provide the details
referred to in subsection (9), the Board may refuse the
application.
42. Board may request consent to undertake a criminal
5
record check
(1) The Board may request, by notice in writing given to an
applicant for registration, that the applicant provide written
consent for the Board to undertake a criminal record check in
respect of the applicant.
10
(2) Notice to an applicant under subsection (1) is to state that the
consent and the fee for conducting the check, if any, specified in
the notice is to be given to the Board within 14 days of the
notice being given, or such later time as is specified in the
notice.
15
(3) If consent for the Board to undertake a criminal record check,
together with any fee for conducting the check specified in the
notice, is not given to the Board by an applicant within the time
stated in a notice given to the applicant under subsection (1), the
Board may refuse the application.
20
43. Criminal record check
(1) In this section --
"authorised person" and "criminal records agency" have the
meanings given to those terms in the Working with
Children (Criminal Record Checking) Act 2004
25
section 34(1);
"Commissioner" means the person holding or acting in the
office of Commissioner of Police under the Police
Act 1892.
page 34
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 1
Registration
s. 44
(2) The Board may ask the Commissioner or a criminal records
agency for information or access to the respective records of the
Commissioner or the criminal records agency --
(a) to determine whether an applicant for registration under
this Part has a criminal record; and
5
(b) if the applicant has a criminal record, to obtain details of
the criminal record.
(3) If the applicant has a criminal record, the Board may ask an
authorised person or a criminal records agency for information
about the circumstances of a conviction or charge mentioned in
10
the criminal record.
(4) An authorised person may comply with a request made by the
Board under this section despite another Act or law.
44. Effect of registration
Subject to this Act, registration confers on the person registered
15
the right to carry on in the State the practice of medicine under
the title of "medical practitioner".
45. Duration of registration
(1) Subject to this Act, registration --
(a) has effect for the period prescribed by the regulations or
20
specified in the medical practitioner's certificate of
registration, whichever is the shorter; and
(b) may be renewed in accordance with the regulations for a
further period prescribed by the regulations.
(2) This section does not apply to, or in respect of, a medical
25
practitioner who is an interstate practitioner or defence force
medical officer.
page 35
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 1 Registration
s. 46
46. Renewal of registration
(1) If the Board believes on reasonable grounds that an applicant
for renewal of registration --
(a) does not have sufficient practical experience; or
(b) has not maintained adequate knowledge and skill,
5
relating to his or her type of registration, the Board may --
(c) refuse to renew the registration; or
(d) renew the registration subject to such conditions on
registration as the Board reasonably requires.
(2) A medical practitioner must pay to the Board a fee prescribed
10
by the regulations for the renewal of registration, and if the fee
is not paid on or before the day on which it falls due under the
rules --
(a) the person ceases to be registered; and
(b) the person's name must be removed from the register.
15
(3) A person whose name is removed from the register under
subsection (2) may, at any time, pay to the Board --
(a) all fees that are in arrears; and
(b) all fees that would be in arrears if the person had
continued to be registered; and
20
(c) any additional amount prescribed by the regulations for
the purposes of this subsection.
(4) On payment of the fees and amount referred to in
subsection (3), the person is then entitled, subject to this Act, to
have his or her registration renewed and name restored to the
25
register.
(5) For the purposes of Part 6, the registration of a person whose
name is restored to the register under subsection (4) is taken to
have continued during the period that the person's name was
removed from the register under subsection (2).
30
page 36
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 2
The register
s. 47
(6) The Board is to give written notice of the renewal fee to a
medical practitioner, sent to that medical practitioner's address
as recorded in the register, at least 42 days before the fee falls
due under the regulations.
(7) A person may apply to the Board for the remission of fees
5
payable by the person under this section that are in arrears, and
the Board may remit those fees in whole or in part.
47. Application for registration by a person whose registration
has been cancelled under section 116(1)(k)
(1) In this section --
10
"disqualified person" means a person whose registration has
been cancelled and name removed from the register under
section 116(1)(k).
(2) A disqualified person may not apply for registration for a period
of 2 years after that person's registration was cancelled.
15
(3) The Board cannot grant an application for registration by a
disqualified person unless it has applied for, and obtained, the
approval of the State Administrative Tribunal to do so.
(4) Registration of, and the practice of medicine by, a disqualified
person may be made subject to such conditions as the Board in
20
any particular case imposes.
Division 2 -- The register
48. The register
(1) In subsection (2) --
"medical practitioner" does not include an interstate
25
practitioner.
(2) The Board is required to keep an accurate and up-to-date
register of all medical practitioners in such manner and form as
the Board determines and in respect of each medical practitioner
is to record --
30
(a) the name of that person; and
page 37
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 2 The register
s. 48
(b) the business, or other, address of that person; and
(c) a unique numerical identification number for that
person; and
(d) the date on which the person was first registered; and
(e) particulars of all of the medical qualifications
5
recognised by the Board and held by that person; and
(f) the provision or provisions of this Act under which the
person is registered; and
(g) any conditions applying to the registration; and
(h) any condition or change of condition, notice of which is
10
given under section 64; and
(i) details of the exercise of any power under Part 6 in
respect of that person or any order made or penalty
imposed in respect of that person by the Board or in a
proceeding before the State Administrative Tribunal
15
under Part 6; and
(j) such other information, if any, as is prescribed by the
regulations.
(3) If --
(a) the Board or the State Administrative Tribunal imposes
20
a condition on the registration of a medical practitioner
who is an interstate practitioner; or
(b) a condition relating to an interstate practitioner is varied
under section 69(2); or
(c) written advice of any condition imposed or any change
25
of a condition is given under section 69(5),
the Board is to record under subsection (2) --
(d) the name of the interstate practitioner; and
(e) a unique numerical identification number for that
practitioner; and
30
(f) the provision or provisions of this Act under which the
person is taken to be registered; and
page 38
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 2
The register
s. 49
(g) any condition imposed on the registration of the
practitioner by the Board or the Tribunal; and
(h) any condition as varied under section 69(2); and
(i) any condition or change of condition, notice of which is
given under section 69(5); and
5
(j) such other information relating to an interstate
practitioner, if any, as is prescribed by the regulations.
49. Inspection of register
(1) The register must be kept at the office of the Board.
(2) The register must be available for inspection by members of the
10
public during normal office hours.
(3) The register must be available for inspection by members of the
public on an internet website maintained by the Board.
(4) A person may, on application to the registrar in respect of the
register or an entry in the register, and payment of the fee
15
prescribed by the regulations, if any, obtain a certified copy of
the register or the entry.
(5) No fee is payable under subsection (4) if the application is
made --
(a) by an officer of the department of the Public Service
20
principally assisting the Minister charged with the
administration of this Act; and
(b) for the purpose of carrying out the functions of an
officer of that department.
50. Certificate of registration
25
(1) On the registration of a person the Board is to issue to that
person a certificate of registration in an approved form.
(2) If the particulars entered in the register relating to a medical
practitioner are amended so that that person's particulars
recorded on his or her certificate of registration are not the same
30
page 39
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 2 The register
s. 51
as those entered in the register, the Board is to issue to that
person a certificate of registration in the approved form
containing particulars that are the same as those entered in the
register.
(3) In the absence of evidence to the contrary a certificate of
5
registration is evidence that the person to whom the certificate is
issued is registered.
(4) This section does not apply to, or in respect of, a medical
practitioner who is an interstate practitioner or defence force
medical officer.
10
51. Replacement of certificate of registration
(1) If a person's certificate of registration is lost, stolen, damaged or
destroyed, that person may apply to the Board for the issue to
him or her of a duplicate certificate of registration.
(2) On an application under subsection (1), if the Board is satisfied
15
that the applicant's certificate of registration has been lost,
stolen, damaged or destroyed, the Board may, on payment of the
prescribed fee, if any, issue a duplicate certificate of registration
to the applicant.
(3) This section does not apply to, or in respect of, a medical
20
practitioner who is an interstate practitioner or defence force
medical officer.
52. Voluntary removal from register
(1) A medical practitioner who is not an interstate practitioner may,
in writing, request the registrar to remove the name of that
25
medical practitioner from the register.
(2) Upon receipt of a request under subsection (1) the registrar is to
refer the request to the Board and may, if the Board so
approves, remove the name of the medical practitioner from the
register.
30
page 40
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 2
The register
s. 53
(3) Subsections (1) and (2) do not apply to a medical practitioner
who is the subject of proceedings under Part 6.
53. Amendment of particulars
A medical practitioner may at any time apply to the Board for
the amendment of the particulars entered in the register relating
5
to that medical practitioner, and if the Board is satisfied that the
amendment may properly be made, the Board, on payment of
the prescribed fee, if any, is to cause those particulars to be
amended.
54. Removal of names in certain circumstances
10
The registrar, on being satisfied that a medical practitioner has
been convicted of an offence under section 133(1)(a) in relation
to an application under this Act for registration, is to remove the
name of the medical practitioner from the register.
55. Removal of names of deceased persons
15
The registrar, on being satisfied of the death of a medical
practitioner, is to remove the name of the medical practitioner
from the register.
56. Suspension or cancellation of registration in another State
or a Territory
20
(1) If the Board is satisfied that the registration of a medical
practitioner under the laws of another State or a Territory has
been --
(a) suspended, the Board may suspend the registration of
the practitioner in this State; or
25
(b) cancelled, or that the name of the practitioner has been
removed from the register of medical practitioners of
that State or Territory, the Board may cancel the
registration of the person and direct the registrar to
remove the name of the practitioner from the register in
30
this State.
page 41
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 3 Notifications to Board
s. 57
(2) If, in relation to a person whose registration has been suspended
or cancelled under subsection (1), the Board is satisfied that --
(a) the suspension of the person's registration under the
laws of the other State or Territory has ended, the Board
is to revoke the suspension of the registration of the
5
person in this State; or
(b) the person's registration has been restored or the
person's name has been restored to the register under the
laws of another State or a Territory, the Board is to
restore the registration of the person and direct that the
10
name of the person be restored to the register in this
State.
(3) This section does not apply to, or in respect of, a medical
practitioner who is an interstate practitioner or defence force
medical officer.
15
57. Effect of removal of name from register
If the name of a registered person is removed from the register
under a provision of this Act, that person ceases to be registered.
Division 3 -- Notifications to Board
58. Change of address
20
(1) In this section --
"medical practitioner" does not include an interstate
practitioner or a defence force medical officer.
(2) A medical practitioner must give the registrar written advice of
any change to the address that is recorded in the register in
25
relation to the person.
Penalty: a fine of $1 000.
(3) The advice referred to in subsection (2) must be given no later
than 30 days after the change to the address.
page 42
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 3
Notifications to Board
s. 59
59. Loss of qualifications
(1) In this section --
"medical practitioner" does not include an interstate
practitioner or a defence force medical officer.
(2) A medical practitioner must give the registrar written advice if a
5
qualification that enabled the person to be registered is
withdrawn or cancelled by the body that conferred the
qualification.
Penalty: a fine of $1 000.
(3) The advice referred to in subsection (2) must be given no later
10
than 7 days after the withdrawal or cancellation.
60. Insolvency
(1) In subsection (2) --
"insolvent" means a person who is an insolvent under
administration as defined in the Corporations Act section 9;
15
"medical practitioner" does not include an interstate
practitioner or a defence force medical officer.
(2) A medical practitioner must, within 14 days of becoming an
insolvent, give the registrar written advice of the insolvency.
Penalty: a fine of $5 000.
20
61. Civil or criminal proceedings
(1) A medical practitioner must give the registrar written advice of
any of the following matters within 14 days after legal process
commencing --
(a) any civil proceedings claiming damages or other
25
compensation arising out of the practice of medicine;
(b) any criminal proceedings for an offence arising out of
the practice of medicine or an offence against the Health
Insurance Act 1973 of the Commonwealth,
is served on that medical practitioner.
30
Penalty: a fine of $5 000.
page 43
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 3 Notifications to Board
s. 62
(2) A medical practitioner must give the registrar written advice of
any of the following matters within 14 days after --
(a) any proceedings of a kind referred to in subsection (1)
commenced against that medical practitioner are
withdrawn or settled;
5
(b) any such proceedings are determined by a court or other
tribunal.
Penalty: a fine of $5 000.
62. Information about professional indemnity insurance
(1) If it is a condition of a medical practitioner's registration that --
10
(a) the medical practitioner must hold professional
indemnity insurance; or
(b) medical care provided by the medical practitioner must
be covered by professional indemnity insurance; or
(c) the medical practitioner must be specified or referred to
15
in the professional indemnity insurance, whether by
name or otherwise, as a person to whom the professional
indemnity insurance extends even though the medical
practitioner is not a party to the professional indemnity
insurance,
20
the medical practitioner must give the registrar written
advice --
(d) if the professional indemnity insurance is cancelled; or
(e) of any change in the terms or conditions of the
professional indemnity insurance.
25
Penalty: a fine of $1 000.
(2) The advice referred to in subsection (1) must be given no later
than 14 days after the cancellation or change in the terms or
conditions.
page 44
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 3
Notifications to Board
s. 63
63. Notification of cancellation or suspension of registration
elsewhere
(1) In this section --
"medical practitioner" does not include an interstate
practitioner or a defence force medical officer.
5
(2) If the registration of a medical practitioner is cancelled or
suspended by a regulatory authority in another State or a
Territory, the medical practitioner must give the registrar
written advice of the cancellation or suspension.
(3) The advice referred to in subsection (2) must be given no later
10
than 7 days after the cancellation or suspension.
Penalty: a fine of $5 000.
64. Notification of condition imposed on registration elsewhere
(1) In this section --
"medical practitioner" does not include an interstate
15
practitioner or a defence force medical officer.
(2) If --
(a) a condition is imposed on the registration of a medical
practitioner; or
(b) a condition is changed,
20
by a regulatory authority in another State or a Territory, the
medical practitioner must give the registrar written advice of the
condition or change.
(3) The advice referred to in subsection (2) must be given no later
than 7 days after the imposition of the condition or the change.
25
Penalty: a fine of $5 000.
page 45
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 4 Defence force medical officer
s. 65
Division 4 -- Defence force medical officer
65. Medical officer of a defence force of the Commonwealth
(1) A natural person who --
(a) applies to the Board in writing and satisfies it that he or
she complies with the requirements of subsection (2);
5
and
(b) is given a written notice by the Board to the effect that
the Board is satisfied that he or she complies with the
requirements of subsection (2),
is to be taken to be registered during such time as he or she --
10
(c) continues to fulfil the requirements of subsection (2)(a);
and
(d) provides medical services only for members of the
defence forces of the Commonwealth, an employee of
the Department of Defence of the Commonwealth or
15
members of a visiting force as defined in section 66(1).
(2) The requirements referred to in subsection (1) are that --
(a) the applicant --
(i) is registered as a medical practitioner under the
laws of another State or a Territory; and
20
(ii) is not an interstate practitioner;
and
(b) is a medical officer of any of the defence forces of the
Commonwealth.
66. Medical officer of visiting forces
25
(1) In this section --
"visiting force" means any body, contingent or detachment of
the naval, military or air force of a country that is for the
time being present in the State by arrangement with the
Minister of State for Defence for the Commonwealth;
30
page 46
Medical Practitioners Bill 2006
Part 4
Registration of medical practitioners
Division 4
Defence force medical officer
s. 66
"visiting medical practitioner" means a person taken to be
registered under subsection (2).
(2) A natural person who --
(a) applies to the Board in writing and satisfies it that he or
she complies with the requirements of subsection (3);
5
and
(b) is given a written notice by the Board that it is satisfied
that he or she complies with the requirements of
subsection (3),
is to be taken to be registered subject to the conditions set out in
10
subsection (4) during such time as he or she continues to fulfil
the requirements of subsection (3).
(3) The requirements referred to in subsection (2) are that the
applicant --
(a) is resident in another country; and
15
(b) has been appointed, employed, contracted or otherwise
engaged by a visiting force to provide medical services
to members of the force while that force is in this
State; and
(c) is qualified to provide the services referred to in
20
paragraph (b).
(4) The conditions referred to in subsection (2) are --
(a) that the visiting medical practitioner must not provide
medical services other than medical services that may be
lawfully provided in this State by a medical
25
practitioner; and
(b) that the visiting medical practitioner must not possess,
use or supply a substance in the course of providing
medical services other than a substance that may be
lawfully possessed, used or supplied in this State by a
30
medical practitioner; and
page 47
Medical Practitioners Bill 2006
Part 4 Registration of medical practitioners
Division 4 Defence force medical officer
s. 66
(c) that the visiting medical practitioner provide medical
services only for members of the defence forces of the
Commonwealth or a visiting force; and
(d) such further conditions as the Board may reasonably
require and specify in the written notice to the visiting
5
medical practitioner.
page 48
Medical Practitioners Bill 2006
Part 5
Interstate practitioners
Division 1
Preliminary
s. 67
Part 5 -- Interstate practitioners
Division 1 -- Preliminary
67. Terms used in this Part
In this Part, unless the contrary intention appears --
"equivalent specialty" means a branch of medicine that is
5
substantially the same as a branch of medicine prescribed
as a specialty under section 37;
"registered" means registered, or otherwise authorised, under a
corresponding law of another State or a Territory to
practise medicine or a specialty in that State or Territory.
10
Division 2 -- Practice by an interstate practitioner
68. Persons who are to be taken to be registered under
section 30 or 38
(1) A natural person is to be taken to be registered by the Board
under section 30 if --
15
(a) the person is registered to practise medicine under a
provision of a corresponding law; and
(b) the person's principal place of practice of medicine is in
another State or a Territory; and
(c) the person is not registered under Part 4.
20
(2) A natural person is to be taken to be registered by the Board
under section 38 if --
(a) the person is registered to practise an equivalent
specialty under a provision of a corresponding law; and
(b) the person's principal place of practice of that specialty
25
is in another State or a Territory; and
(c) the person is not registered under Part 4.
(3) A natural person taken to be registered by the Board under
section 38 is to be taken to be registered to practise the branch
page 49
Medical Practitioners Bill 2006
Part 5 Interstate practitioners
Division 2 Practice by an interstate practitioner
s. 69
of medicine prescribed to be a specialty under section 37 that is
substantially the same as the equivalent specialty that he or she
is registered to practise under the corresponding law.
69. Practising in this State
(1) If an interstate practitioner practises medicine or a specialty in
5
this State, without limiting anything in this Part, the interstate
practitioner, in so doing --
(a) is subject to both of the conditions referred to in
section 40(2)(a) and (b) during any period that he or she
practises medicine or his or her specialty in this State
10
unless the conditions are revoked under subsection (2);
and
(b) is subject to any condition, limitation or prohibition
imposed on the registration of the interstate practitioner
by a regulatory authority of this or any other State or a
15
Territory (whether as a result of disciplinary action or
otherwise).
(2) The Board may, on its own motion or on the application of a
person the subject of the conditions imposed under
subsection (1)(a), on reasonable grounds, revoke the conditions
20
or vary a condition.
(3) A condition on the registration of an interstate practitioner
imposed, or varied, under this Act must not be more onerous
than would be imposed under this Act in the same or similar
circumstances on a medical practitioner who is not an interstate
25
practitioner.
(4) Subject to subsection (3), the Board may, by written notice to an
interstate practitioner, vary a condition, limitation or prohibition
imposed on the registration of the interstate practitioner by a
regulatory authority of another State or a Territory in such
30
manner as the Board reasonably requires to ensure the
competent and safe practice of medicine or a specialty by the
interstate practitioner.
page 50
Medical Practitioners Bill 2006
Part 5
Interstate practitioners
Division 2
Practice by an interstate practitioner
s. 70
(5) An interstate practitioner must not practise medicine or a
specialty in this State if the interstate practitioner has not given
the registrar written advice of any condition imposed or any
change of a condition made by a regulatory authority of another
State or a Territory (whether as a result of disciplinary action or
5
otherwise).
Penalty: a fine of $5 000.
(6) An interstate practitioner must give the registrar written
advice --
(a) if his or her professional indemnity insurance required
10
under a condition imposed under section 69(1)(a) is
cancelled; or
(b) of any change in the terms or conditions of that
professional indemnity insurance.
Penalty: a fine of $1 000.
15
(7) The advice referred to in subsection (6) must be given no later
than 14 days after the cancellation or change in the terms or
conditions.
70. Interstate practitioner not to be taken to be registered in
some circumstances
20
An interstate practitioner is not to be taken to be registered --
(a) under section 30 during any period of time that the
practitioner is suspended from the practice of medicine
under a corresponding law; or
(b) under section 38 as a specialist in a specialty during any
25
period of time that the practitioner is suspended from the
practice of an equivalent specialty under a
corresponding law.
71. Effect of suspension under this Act
(1) Despite section 68, if an interstate practitioner is suspended
30
from the practice of medicine under section 116(1)(j), 117(d)
page 51
Medical Practitioners Bill 2006
Part 5 Interstate practitioners
Division 3 Complaints about interstate practitioners
s. 72
or 118(f), the practitioner is not to be taken to be registered
under section 30 or 38 during the period of the suspension.
(2) The Board may, by notice in writing, revoke a suspension
referred to in subsection (1) and may direct in the notice that the
revocation has effect from a date specified in the notice.
5
(3) The Board cannot revoke a suspension that was imposed by the
State Administrative Tribunal under section 116(1)(j), 117(d)
or 118(f) unless it has applied for, and obtained, the approval of
the Tribunal to do so.
(4) Despite section 68, if the State Administrative Tribunal makes
10
an order under section 116(1)(k), 117(e) or 118(g) in relation to
an interstate practitioner, the practitioner is not to be taken to be
registered under section 30 or 38.
Division 3 -- Complaints about interstate practitioners
72. Referral of complaint to regulatory authority in another
15
State or a Territory
(1) If it considers it appropriate to do so, the Board may refer a
complaint lodged with it in relation to an interstate practitioner
to a regulatory authority of another State or a Territory to be
dealt with according to the law of that State or Territory.
20
(2) If it considers it appropriate to do so, the Board may request a
regulatory authority of another State or a Territory to investigate
the conduct of an interstate practitioner in accordance with the
law of that State or Territory.
(3) After a referral under subsection (1) or a request under
25
subsection (2) has been made, no further action is to be taken by
the Board in relation to the subject matter of the referral or
request, other than action required to comply with section 154,
unless the regulatory authority of the other State or Territory
declines to deal with the matter.
30
page 52
Medical Practitioners Bill 2006
Part 5
Interstate practitioners
Division 4
Miscellaneous
s. 73
73. Dealing with matters referred by a regulatory authority in
another State or a Territory
(1) The Board may deal with a matter involving an interstate
practitioner referred to it by a regulatory authority of another
State or a Territory whether or not the matter arose in or outside
5
this State as if the matter were a complaint.
(2) Except as otherwise provided in Part 6, that Part applies to a
complaint against an interstate practitioner referred to the Board
by a regulatory authority of another State or a Territory whether
or not the subject matter of the complaint allegedly occurred in
10
or outside this State.
(3) If a regulatory authority of another State or a Territory requests
the Board to investigate the conduct of an interstate practitioner,
the Board may investigate that conduct under Part 6 whether or
not the conduct allegedly occurred in or outside this State.
15
Division 4 -- Miscellaneous
74. Interstate practitioner disqualified in another State or a
Territory
If a regulatory authority of another State or a Territory has
disqualified an interstate practitioner from applying to be
20
registered in that State or Territory for a period specified by the
authority, the practitioner may not apply for registration under
Part 4 during that period.
75. Interstate certificate
In the absence of evidence to the contrary, a certificate of
25
registration issued to an interstate practitioner under a
corresponding law is evidence of the matters stated in it.
page 53
Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 1 Preliminary
s. 76
Part 6 -- Disciplinary, competency and
impairment matters
Division 1 -- Preliminary
76. Disciplinary matters
(1) The following are disciplinary matters --
5
(a) that a person has contravened a condition applying to
that person's registration or the practice of medicine by
that person;
(b) that a person in the course of his or her practise as a
medical practitioner --
10
(i) acted carelessly;
(ii) acted incompetently;
(iii) acted improperly;
(iv) breached this Act;
(v) failed to comply with an undertaking given to the
15
Board under this Act;
(vi) provided services that were excessive,
unnecessary or not reasonably necessary for the
recipient's wellbeing;
(c) that a person has been convicted of an offence the nature
20
of which renders the person unfit to practise as a
medical practitioner;
(d) that a person has engaged in conduct in a professional
respect that falls short of the standard --
(i) that a member of the public is entitled to expect
25
of a medical practitioner; or
(ii) that a member of the medical profession would
reasonably expect of a medical practitioner;
(e) that a person has engaged in sexual misconduct.
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Division 2
Committees
s. 77
(2) The matters referred to in subsection (1)(a), (b)(i) to (iii), (v)
and (vi), and (c) to (e) are disciplinary matters whether or not
they occur in this State or in a State or Territory that has a
corresponding law.
77. Competency matters
5
The following are competency matters --
(a) that a person does not have sufficient knowledge and
skill to practise medicine safely and competently either
generally or in a particular area of medicine in which the
person is practising or is likely to practise;
10
(b) if the person is a specialist, the person does not have
sufficient knowledge and skill to practise his or her
specialty.
78. Impairment matters
The following are impairment matters --
15
(a) that a person is affected by his or her use of or
dependence on alcohol or a drug to such an extent that
the ability of the person to practise medicine is, or is
likely to be, affected adversely;
(b) that a person suffers from an impairment to such an
20
extent that the ability of the person to practise medicine
is, or is likely to be, affected adversely.
Division 2 -- Committees
79. Complaints assessment committee
(1) The Board is to establish a committee to be known as the
25
complaints assessment committee.
(2) The complaints assessment committee is to consist of not more
than 4 persons appointed in writing by the Board from time to
time --
(a) a majority of whom must be medical practitioners (one
30
or more of whom may be a member of the Board); and
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Division 2 Committees
s. 80
(b) one of whom (who may be a member of the Board) --
(i) must be neither a medical practitioner nor
qualified to be registered as a medical
practitioner; and
(ii) must have knowledge of and experience in
5
representing the interests of consumers.
(3) In subsection (2)(a), "medical practitioner" does not include
an interstate practitioner or a defence force medical officer.
(4) The Board is to appoint a member of the complaints assessment
committee to be the committee's chairperson.
10
(5) The complaints assessment committee is to submit an annual
report to the Board as soon as is practicable after 30 June in
each year in respect of the functions performed by the
committee during the year that ended on that day.
(6) A notice or appointment authorised by this Act to be given or
15
made by the complaints assessment committee is taken to have
been given or made by the committee if it is signed on behalf of
the committee --
(a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
20
sign the notice or appointment.
(7) A meeting of the complaints assessment committee is not open
to members of the public.
80. Professional standards committee
(1) The Board is to establish a committee to be known as the
25
professional standards committee.
(2) The professional standards committee is to consist of 3 persons
appointed in writing by the Board from time to time --
(a) 2 of whom must be medical practitioners; and
(b) one of whom must not be a medical practitioner; and
30
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Division 2
Committees
s. 81
(c) one of whom must be a member of the Board; and
(d) 2 of whom must be members of the panel referred to in
section 82.
(3) In subsection (2)(a), "medical practitioner" does not include
an interstate practitioner or a defence force medical officer.
5
(4) The Board is to appoint a member of the professional standards
committee to be the committee's chairperson.
(5) A decision supported by at least 2 members of the professional
standards committee on any question before the committee is
the decision of the committee.
10
(6) The professional standards committee must submit an annual
report to the Board as soon as is practicable after 30 June in
each year in respect of the functions performed by the
committee during the year that ended on that day.
(7) Subject to subsection (8), a meeting of the professional
15
standards committee is not open to members of the public.
(8) Despite subsection (7), if the committee is dealing with a
disciplinary matter, the committee may, of its own initiative or
on the application of any person, order that in any particular
case a meeting, or part of a meeting, of the committee is to be
20
open to members of the public.
(9) Subsection (8) does not apply to a meeting, or part of a meeting,
at which the committee is dealing with a complaint relating to
sexual misconduct and the person who claims to be the person
the subject of the misconduct requests that that meeting or part
25
of the meeting not be open to the public.
81. Impairment review committee
(1) In this section --
"medical practitioner" does not include an interstate
practitioner or a defence force medical officer.
30
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Division 2 Committees
s. 82
(2) The Board is to establish a committee to be known as the
impairment review committee.
(3) The impairment review committee is to consist of 2 persons,
one of whom must be a medical practitioner, appointed in
writing by the Board from time to time.
5
(4) A member of the impairment review committee is to be --
(a) a member of the Board; or
(b) a member of the panel referred to in section 82.
(5) The Board is to appoint a member of the impairment review
committee to be the committee's chairperson.
10
(6) A decision supported by both members of the impairment
review committee is the decision of the committee.
(7) If the members of the committee disagree as to any matter that
is being dealt with by the committee, the committee's report to
the Board must include details of the disagreement and the
15
reasons for it.
(8) A meeting of the impairment review committee is not open to
members of the public.
82. Panel
(1) For the purposes of sections 80(2) and 81(4)(b) the Minister
20
may --
(a) select a panel of persons suitable to be appointed to
either the professional standards committee or the
impairment review committee; and
(b) from time to time add persons to or remove persons
25
from the panel.
(2) In considering the suitability of a person to be selected for the
panel, the Minister is to have regard to the person's personal
attributes and knowledge of and experience of matters likely to
come before the professional standards committee or the
30
impairment review committee.
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Division 3
Complaints
s. 83
(3) The panel established under subsection (1) is to comprise such
number of persons appointed in writing by the Minister as the
Minister from time to time thinks necessary to meet the needs of
the committees.
Division 3 -- Complaints
5
83. Complaints
(1) A person may lodge a complaint in relation to a competency
matter or an impairment matter with the Board in relation to a
person who is a medical practitioner.
(2) A person may lodge a complaint in relation to a disciplinary
10
matter with the Board in relation to --
(a) a person who is a medical practitioner; or
(b) a person who was a medical practitioner when the
disciplinary matter allegedly occurred but who is no
longer a medical practitioner.
15
(3) The Board may determine that a disciplinary matter, a
competency matter or an impairment matter is to be dealt with
as if it were the subject of a complaint lodged with the Board,
despite no complaint having been made to it.
(4) The Board must not make a determination under subsection (3)
20
unless it is of the opinion that --
(a) in respect of a person who is a medical practitioner,
there is cause to investigate whether a disciplinary
matter, an impairment matter or a competency matter
exists or has occurred; or
25
(b) in respect of a person who was a medical practitioner
when the disciplinary matter allegedly occurred, there is
cause to investigate whether a disciplinary matter
occurred.
(5) Subject to subsection (7), a complaint to the Board under
30
subsection (1) or (2) must be in writing.
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Division 3 Complaints
s. 83
(6) A complainant must give the Board --
(a) his or her name; and
(b) such other information relating to the person's identity
as the Board or registrar may require; and
(c) particulars of the complaint made in relation to the
5
respondent.
(7) The Board may deal with a complaint under subsection (1)
or (2) made orally if --
(a) it believes that it is in the public interest to do so; and
(b) the complainant's identity is established to the
10
satisfaction of the Board; and
(c) particulars of the complaint in relation to the respondent
are given to the Board.
(8) The Board may reject a complaint under subsection (1) or (2) if
the Board is not satisfied as to the identity of the complainant.
15
(9) If it considers it appropriate to do so, the Board may refer a
complaint lodged with it in relation to a medical practitioner to a
regulatory authority of another State or a Territory to be dealt
with according to the law of that State or Territory.
(10) After a referral under subsection (9), no further action is to be
20
taken by the Board in relation to the subject matter of the
referral unless the regulatory authority of the other State or
Territory declines to deal with the matter.
(11) Unless a complaint is rejected by the Board under subsection (8)
or referred to a regulatory authority of another State or a
25
Territory under subsection (9), the Board must refer a complaint
to the complaints assessment committee.
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Disciplinary, competency and impairment matters
Division 3
Complaints
s. 84
84. Action by complaints assessment committee
(1) Subject to subsection (2), if a complaint is referred to the
complaints assessment committee, the committee by a written
notice is to --
(a) advise the respondent that a complaint has been referred
5
to the committee and the subject matter of the
complaint; and
(b) give the respondent the name of the complainant
(if any); and
(c) give the respondent information about the role of the
10
committee and the recommendations that the committee
can make to the Board; and
(d) give the respondent an opportunity to make a written
submission to the committee within 14 days of the day
on which the notice was sent to the respondent.
15
(2) If the complaints assessment committee believes on reasonable
grounds that a notice under subsection (1) would be likely to --
(a) prejudice the investigation of the complaint; or
(b) result in the health or safety of a patient being put at
risk; or
20
(c) result in the complainant or another person being put at
risk of intimidation or harassment,
the committee is not required to send the notice to the
respondent.
85. Complaints assessment committee to determine action
25
required
(1) Within 28 days of a complaint being referred to the complaints
assessment committee by the Board under section 83(11), the
committee must, in respect of the complaint --
(a) if the committee is of the opinion that the complaint --
30
(i) is frivolous, vexatious or without substance; or
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Part 6 Disciplinary, competency and impairment matters
Division 3 Complaints
s. 85
(ii) does not warrant any further action; or
(iii) does not involve a disciplinary, competency or
impairment matter,
recommend to the Board that the Board reject the
complaint; or
5
(b) if the committee is of the opinion that the complaint
requires action under Division 4, refer it to the Board for
action under that Division; or
(c) in the case of a complaint relating to a disciplinary
matter, refer it to the Board for action under Division 5;
10
or
(d) in the case of a complaint relating to an impairment
matter, refer it to the Board for action under Division 6;
or
(e) in the case of a complaint relating to a competency
15
matter, refer it to the Board for action under Division 7;
or
(f) if the subject matter of the complaint is sufficiently
serious to warrant suspension or cancellation of the
medical practitioner's registration, recommend to the
20
Board that the Board make an allegation in relation to
the complaint to the State Administrative Tribunal; or
(g) if the complainant consents to the complaint being dealt
with by conciliation, recommend to the Board that the
Board attempt to settle the complaint by conciliation
25
under Division 8.
(2) Despite subsection (1), the complaints assessment committee
may extend the 28 day period for a further period not exceeding
28 days if it is in the interest of the complainant for the
committee to do so.
30
(3) To enable the complaints assessment committee to make a
decision under subsection (1) the committee may make such
inquiries as it considers appropriate.
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Disciplinary, competency and impairment matters
Division 4
Summary orders of Board
s. 86
(4) A recommendation or referral to the Board under subsection (1)
must be accompanied by the committee's reasons for making
the recommendation or referral.
86. Role of Board
(1) If the Board receives a recommendation or referral from the
5
complaints assessment committee under section 85, the Board is
either to --
(a) act on the recommendation or referral; or
(b) take action of a kind referred to in section 85(1) other
than that in the committee's recommendation or referral.
10
(2) If the Board decides to reject a complaint, the Board is, within
14 days of making the decision, to give the complainant (if any)
written notice of that decision together with short particulars of
the reasons for the decision.
Division 4 -- Summary orders of Board
15
87. Interim orders by Board
(1) If the Board is of the opinion that an activity of a medical
practitioner involves or will involve a risk of imminent injury or
harm to the physical or mental health of any person, the Board
may, without further inquiry, do any or all of the following --
20
(a) give to the medical practitioner who is carrying on that
activity an order prohibiting the carrying on of the
activity for a period of not more than 30 days;
(b) give to the medical practitioner --
(i) an order to comply, for a period of not more than
25
30 days, with such conditions as the Board thinks
fit in relation to the practice of medicine by that
medical practitioner; or
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Division 4 Summary orders of Board
s. 87
(ii) an order suspending the person from the practice
of medicine, either generally or in relation to any
specified circumstances or service, for a period
of not more than 30 days.
(2) An order given under subsection (1) must --
5
(a) state that the Board is of the opinion that the activity of
the medical practitioner involves or will involve a risk
of imminent injury or harm to the physical or mental
health of any person; and
(b) specify the activity that in the Board's opinion involves
10
or will involve the risk and the matters that give or will
give rise to the risk; and
(c) advise that, within 14 days of the making of the order,
the Board will revoke the order or make an allegation
about the matter to the State Administrative Tribunal.
15
(3) The Board may give a copy of an order referred to in
subsection (1) relating to a medical practitioner to any person
the Board considers should be advised of the order.
(4) The Board may, by order given to the person to whom the order
made under subsection (1) was given, revoke or vary an order
20
made under that subsection at any time before making an
allegation about the matter to the State Administrative Tribunal
under section 88.
(5) If the Board revokes an order under subsection (4), the Board
may decide to take action under Division 5, 6 or 7 if the
25
complaint relates to a disciplinary matter, impairment matter or
competency matter, respectively.
(6) The Board may deal under this section with a complaint even
if --
(a) the Board, the professional standards committee, the
30
impairment review committee or the complaints
assessment committee is already dealing with the
complaint, or a complaint including elements of the
first-mentioned complaint, under this Act; or
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Disciplinary, competency and impairment matters
Division 5
Disciplinary matters
s. 88
(b) the same complaint, or a complaint including elements
of the complaint before the Board, has been made under
the Health Services (Conciliation and Review) Act 1995
or is being treated as a complaint that was made under
that Act.
5
88. Complaint dealt with summarily to be referred to the State
Administrative Tribunal
(1) Within 14 days of giving an order under section 87(1), if that
order is not revoked under section 87(4), the Board is to --
(a) make an allegation about the complaint or matter in
10
respect of which the order was made to the State
Administrative Tribunal; and
(b) order that any other proceedings under this Part in
respect of the complaint or matter commenced before
the making of the order be discontinued.
15
(2) Upon an allegation made under subsection (1) the State
Administrative Tribunal may, in addition to any other order it
may make, affirm or revoke an order under section 87(1) or
vary the order by extending the period for which it applies or in
any other respect.
20
Division 5 -- Disciplinary matters
89. Action by Board
(1) If the Board decides --
(a) under section 86(1), 87(5), 103(2) or 109(2) to take
action on a complaint relating to a disciplinary matter;
25
or.
(b) under section 111(e) to deal with a complaint,
under this Division, the Board is to --
(c) advise the respondent by written notice that a complaint
is going to be dealt with under this Division and give the
30
respondent a brief summary of the effect of this
Division; and
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Division 5 Disciplinary matters
s. 90
(d) if the respondent has not previously been advised as to
the subject matter of the complaint, advise the
respondent by written notice as to the subject matter of
the complaint; and
(e) refer the complaint to the professional standards
5
committee.
(2) If the Board believes on reasonable grounds that a notice under
subsection (1) would be likely to --
(a) prejudice the investigation of the complaint; or
(b) result in the health or safety of a patient being put at
10
risk; or
(c) result in the complainant or another person being put at
risk of intimidation or harassment,
the Board is not required to send the notice to the respondent.
90. Investigator
15
(1) The Board may appoint a person to investigate a complaint
relating to a disciplinary matter and report to the Board.
(2) The Board is to issue to each investigator it appoints a
certificate of appointment in an approved form.
(3) The certificate of appointment must state --
20
(a) the particular issue that the investigator has been
appointed to investigate; and
(b) the powers that the investigator has under this Act.
(4) A certificate purporting to have been issued under this section is
evidence in any court of the appointment to which the certificate
25
purports to relate.
91. Report of investigator
(1) An investigator must --
(a) within such period as the Board requires prepare a report
on the investigation of a complaint, and make
30
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Disciplinary, competency and impairment matters
Division 5
Disciplinary matters
s. 92
recommendations as to the manner in which the
complaint should be dealt with; and
(b) immediately after preparing the report, provide the
Board with a copy of the report.
(2) Unless the Board decides to make an allegation to the State
5
Administrative Tribunal under section 97(1), the Board is to
give a copy of the report to the professional standards
committee dealing with the complaint.
(3) The investigator must return his or her certificate of
appointment at the time the Board is provided with a copy of the
10
report.
92. Powers of investigator
(1) An investigator may for the purposes of an investigation enter
premises at which the respondent the subject of the investigation
practises medicine or stores records relating to his or her
15
practice at any reasonable time --
(a) with the consent of the respondent and the occupier (if
any) of the premises; or
(b) without the consent of the respondent and the occupier
(if any) of the premises, if the investigator has given the
20
respondent and the occupier (if any) 5 days' notice in
writing of the investigator's intention to enter the
premises.
(2) An investigator may for the purposes of an investigation enter
and inspect the premises named in a warrant issued under
25
section 94(1).
(3) If an investigator enters premises under subsection (1) or under
the authority of a warrant issued under section 94(1), the
investigator may for the purposes of an investigation --
(a) examine equipment on the premises used by the
30
respondent in connection with his or her medical
practice; and
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Division 5 Disciplinary matters
s. 92
(b) require a person on the premises to produce medical
supplies, including therapeutic substances, that are in the
possession or under the control of the person; and
(c) take photographs of the premises, equipment or medical
supplies; and
5
(d) require a person on the premises to produce to the
investigator any document or other thing concerning the
investigation that is in the possession or under the
control of the person; and
(e) inspect any document or other thing produced to the
10
investigator and retain it for such reasonable period as
the investigator thinks fit, and make copies of a
document or any of its contents; and
(f) require the occupier of the premises (if any) to provide
such assistance and facilities as the investigator
15
reasonably requires to carry out the investigator's
functions; and
(g) require a person on the premises --
(i) to give the investigator such information as the
investigator requires; and
20
(ii) to answer any question put to that person,
in relation to the matter the subject of the investigation;
and
(h) exercise other powers prescribed by the regulations.
(4) A requirement made under subsection (3)(d) --
25
(a) must be made by notice in writing given to the person
required to produce the document or other thing; and
(b) must specify the time at or within which the document
or other thing is to be produced; and
(c) may, by its terms, require that the document or other
30
thing required be produced at a place and by means
specified in the requirement; and
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Division 5
Disciplinary matters
s. 92
(d) where the document required is not in a readable format,
is to be treated as a requirement to produce --
(i) the document itself; and
(ii) the contents of the document in a readable
format.
5
(5) A requirement made under subsection (3)(g) --
(a) may be made orally or by notice in writing served on the
person required to give information or answer a
question, as the case may be; and
(b) must specify the time at or within which the information
10
is to be given or the question is to be answered, as the
case may be; and
(c) may, by its terms, require that the information or answer
required --
(i) be given orally or in writing;
15
(ii) be given at or sent or delivered to a place
specified in the requirement;
(iii) in the case of written information or answers be
sent or delivered by means specified in the
requirement;
20
(iv) be verified by statutory declaration.
(6) If under subsection (3)(d) an investigator requires a person to
produce a document or thing, the investigator must inform that
person that the person is required under this Act to produce the
document or thing.
25
(7) If under subsection (3)(g) an investigator requires a person to
give information or answer a question, the investigator must
inform that person that the person is required under this Act to
give the information or answer the question.
(8) An investigator must produce his or her certificate of
30
appointment if requested to do so by a person in respect of
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Division 5 Disciplinary matters
s. 93
whom the investigator has exercised, or is about to exercise, a
power under this section.
93. Warrant to enter premises
(1) If the Board has determined in a particular case that --
(a) there are reasonable grounds for believing that entry to
5
premises is necessary for the purpose of substantiating a
complaint that may involve a threat to the life or
physical or mental health of a person; or
(b) the subject matter of the complaint is sufficiently serious
to warrant the suspension or cancellation of the
10
respondent's registration,
the investigator may apply to a magistrate for a warrant to be
issued in respect of those premises.
(2) An application for a warrant must --
(a) be in writing; and
15
(b) be accompanied by a notice in writing from the Board
stating that it has determined in the particular case
that --
(i) there are reasonable grounds for believing that
entry to premises is necessary for the purpose of
20
substantiating a complaint that may involve a
threat to the life or physical or mental health of a
person; or
(ii) the subject matter of the complaint is sufficiently
serious to warrant the suspension or cancellation
25
of the respondent's registration;
and
(c) set out the grounds for seeking the warrant; and
(d) describe the premises that are to be entered.
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Division 5
Disciplinary matters
s. 94
(3) A magistrate to whom an application is made under this section
is to refuse it if --
(a) the application does not comply with the requirements
of this Act; or
(b) when required to do so by the magistrate, the
5
investigator does not give to the magistrate more
information about the application.
(4) The information in an application or given to a magistrate under
this section must be verified before the magistrate on oath or
affirmation or by affidavit, and the magistrate may for that
10
purpose administer an oath or affirmation or take an affidavit.
94. Issue of warrant
(1) A magistrate to whom an application is made under section 93
may issue a warrant, if satisfied that there are reasonable
grounds for believing that entry and inspection of the premises
15
are necessary for a purpose referred to in that section.
(2) A warrant under subsection (1) authorises the investigator --
(a) to enter and inspect the premises named in the warrant;
and
(b) exercise the powers referred to in section 92(3)(a) to (h).
20
(3) There must be stated in a warrant --
(a) the purpose for which the warrant is issued; and
(b) the name of the person to whom the warrant is issued;
and
(c) a description of the premises that may be entered.
25
(4) A magistrate who issues a warrant is to cause a record to be
made of particulars of the grounds that the magistrate has relied
on to justify the issue of the warrant.
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Division 5 Disciplinary matters
s. 95
95. Execution of warrant
(1) If asked by an occupier, or a person in charge, of premises, the
person executing a warrant at those premises must produce it for
inspection.
(2) A warrant ceases to have effect --
5
(a) at the end of the period of one month after its issue; or
(b) if it is withdrawn by the magistrate who issued it; or
(c) when it is executed,
whichever occurs first.
96. Role of professional standards committee
10
(1) The professional standards committee must investigate a
complaint referred to it by the Board.
(2) Unless a complaint is withdrawn under section 97(1)(d), on
completion of the investigation and after --
(a) considering any report given to the committee under
15
section 91(2); and
(b) giving the respondent an opportunity to make a written
submission to, or attend before and make a
representation to, the committee; and
(c) having regard to any submission or representation made
20
by the respondent,
the professional standards committee must submit a report in
writing to the Board --
(d) detailing its findings and conclusions in relation to the
complaint referred to it; and
25
(e) making a recommendation to the Board under
subsection (3); and
(f) giving reasons for its recommendation.
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Division 5
Disciplinary matters
s. 96
(3) The committee may make the following recommendations to
the Board under subsection (2)(e) --
(a) that the Board take no further action in relation to the
complaint;
(b) if the complaint involves an impairment matter, that the
5
Board take action under Division 6;
(c) if the complaint involves a competency matter, that the
Board take action under Division 7;
(d) that the Board caution or reprimand the respondent;
(e) if the complaint relates to a service provided by the
10
respondent, that the Board require the respondent to give
an undertaking to the Board --
(i) if the patient agrees, to provide further services
to the patient at no cost or at an amount
determined by the Board; or
15
(ii) to pay, wholly or in part, for further services to
be provided to the patient by a medical
practitioner; or
(iii) to reduce or refund the amount of any fees paid
in respect of services provided to a patient, to
20
such an extent as is determined by the Board;
(f) that the Board require a respondent who is a medical
practitioner to give an undertaking to the Board to
undergo counselling specified by the professional
standards committee;
25
(g) that the Board impose conditions specified by the
committee on the registration of a respondent who is a
medical practitioner;
(h) that the Board require a respondent who is a medical
practitioner to give an undertaking to the Board to
30
report, at intervals specified by the Board, on his or her
medical practice to a medical practitioner nominated by
the Board;
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Division 5 Disciplinary matters
s. 97
(i) that the Board require a respondent who is a medical
practitioner to give an undertaking to the Board to
obtain advice on the management of his or her medical
practice from a person specified by the Board;
(j) that the Board require the respondent to pay the Board a
5
penalty not exceeding $5 000 determined by the Board;
(k) if the subject matter of the complaint is sufficiently
serious to warrant --
(i) a penalty exceeding $5 000; or
(ii) the suspension or cancellation of the registration
10
of a respondent who is a medical practitioner,
that the Board make an allegation to the State
Administrative Tribunal.
(4) The professional standards committee may recommend that the
Board do more than one of the things referred to in
15
subsection (3)(d), (e), (f), (g), (h), (i) and (j).
97. Role of Board
(1) If, after receiving a report under section 91(1)(b), the Board
decides that the subject matter of the complaint is sufficiently
serious to warrant --
20
(a) a penalty exceeding $5 000; or
(b) the suspension or cancellation of the registration of a
respondent who is a medical practitioner,
the Board may --
(c) make an allegation to the State Administrative Tribunal;
25
and
(d) withdraw the complaint from the professional standards
committee.
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Medical Practitioners Bill 2006
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Disciplinary, competency and impairment matters
Division 6
Impairment matters
s. 98
(2) If the Board receives a report from the professional standards
committee under section 96, the Board is to consider the
committee's recommendation and either --
(a) act on the recommendation; or
(b) take action of a kind referred to in section 96(3) other
5
than that recommended by the committee.
(3) The Board may take more than one of the actions referred to in
section 96(3)(d), (e), (f), (g), (h), (i) and (j) in respect of a
complaint.
(4) If the Board proposes to take action under subsection (2) that is
10
materially different to, or has more restrictive consequences
than, that recommended by the professional standards
committee, the Board is to --
(a) give the respondent an opportunity to make a written
submission to, or attend before and make a
15
representation to, the Board; and
(b) have regard to any submission or representation made
by the respondent,
before taking that action.
(5) Within 7 days of deciding to take action under subsection (1)
20
or (2), the Board is to give written notice to the complainant (if
any) and the respondent of the action taken or proposed to be
taken by the Board together with short particulars of the reasons
for the decision to take the action.
Division 6 -- Impairment matters
25
98. Request by medical practitioner for imposition of condition
(1) A medical practitioner who believes that his or her ability to
practise medicine is affected because of an impairment matter
may ask the Board to impose a condition with respect to his or
her registration.
30
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Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 6 Impairment matters
s. 99
(2) If the Board and the medical practitioner agree upon the
condition to be imposed, the Board is to impose it on his or her
registration.
(3) If the Board and the medical practitioner do not agree upon the
condition to be imposed, the Board is to refer the matter to the
5
impairment review committee for investigation under this Part.
99. Revocation of condition
The Board may revoke a condition imposed under section 98(2)
if the medical practitioner satisfies the impairment review
committee that his or her ability to practise medicine is no
10
longer affected because of the impairment matter that gave rise
to the imposition of the condition.
100. Action by Board
(1) Subject to subsection (2), if the Board decides --
(a) under section 86(1), 87(5), 97(2) or 109(2) to take action
15
on a complaint relating to an impairment matter; or
(b) under section 111(e) to deal with a complaint,
under this Division, the Board is to --
(c) advise the respondent by written notice that a complaint
is going to be dealt with under this Division and give the
20
respondent a brief summary of the effect of this
Division; and
(d) if the respondent has not previously been advised as to
the subject matter of the complaint, advise the
respondent by written notice as to the subject matter of
25
the complaint; and
(e) refer the complaint to the impairment review committee.
(2) If the Board decides that the subject matter of a complaint is
sufficiently serious to warrant suspension or cancellation of the
medical practitioner's registration, the Board may, instead of
30
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Medical Practitioners Bill 2006
Part 6
Disciplinary, competency and impairment matters
Division 6
Impairment matters
s. 101
referring the complaint to the impairment review committee,
make an allegation to the State Administrative Tribunal.
101. Medical examination of medical practitioner
(1) If the Board --
(a) decides under section 86(1), 87(5), 97(2) or 109(2) to
5
take action on a complaint relating to an impairment
matter under this Division; or
(b) refers a matter to the impairment review committee
under section 98(3); or
(c) decides under section 111(e) to deal with a complaint
10
under this Division,
the Board may require the medical practitioner to undergo,
within the time specified by the Board, an examination by a
medical practitioner nominated by the Board.
(2) The nature of the examination is to be determined by the Board
15
but must be reasonable having regard to the subject matter of
the complaint.
(3) The medical practitioner must be given written notice of the
requirement stating --
(a) the name of the medical practitioner who has been
20
nominated by the Board to conduct the examination; and
(b) the time and place at which the examination is to be
conducted; and
(c) the consequence if he or she, without reasonable excuse,
fails to comply with the requirement.
25
(4) The Board is to pay for an examination conducted and a report
prepared under this section.
(5) A medical practitioner who carries out an examination for the
purposes of subsection (1) is to prepare a report on the
examination and give the report to the Board.
30
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Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 6 Impairment matters
s. 102
(6) Unless the Board decides to make an allegation to the State
Administrative Tribunal under section 103(1), the registrar is to
give a copy of the report of the examination to the impairment
review committee for consideration (if the complaint has been
referred to the committee) and to the medical practitioner.
5
(7) If a medical practitioner, without reasonable excuse, fails to
comply with a requirement to undergo an examination by a
medical practitioner nominated by the Board, the Board may
make an allegation in relation to the complaint to the State
Administrative Tribunal.
10
(8) A medical practitioner who is required to undergo, within the
time specified by the Board, an examination by a medical
practitioner nominated by the Board under subsection (1) may
apply, in writing, to the Board for that requirement to be
reviewed.
15
(9) If an application is made under subsection (8), the Board is to
refer the matter to the impairment review committee to review
the requirement and report to the Board.
(10) On receipt of a report under subsection (9) and after taking the
review into account the Board is to --
20
(a) revoke or amend the requirement; or
(b) confirm the requirement.
102. Role of the impairment review committee
(1) The impairment review committee must investigate a complaint
referred to it by the Board.
25
(2) On completion of the investigation and after --
(a) considering any report given to the committee under
section 101(6); and
(b) giving the medical practitioner an opportunity to make a
written submission to, or attend before and make a
30
representation to, the committee; and
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Disciplinary, competency and impairment matters
Division 6
Impairment matters
s. 102
(c) having regard to any submission or representation made
by the medical practitioner,
the impairment review committee must submit a report in
writing to the Board --
(d) detailing its findings and conclusions in relation to the
5
complaint referred to it; and
(e) making a recommendation to the Board under
subsection (3); and
(f) giving reasons for its recommendation.
(3) The committee may make the following recommendations to
10
the Board under subsection (2)(e) --
(a) that the Board take no further action in relation to the
complaint;
(b) if the medical practitioner consents to being suspended
from the practice of medicine for a period not exceeding
15
2 years specified by the impairment review committee,
that the Board suspend the medical practitioner from the
practice of medicine for a period recommended by the
committee or specified by the Board;
(c) if the complaint involves a disciplinary matter, that the
20
Board take action under Division 5;
(d) if the complaint involves a competency matter, that the
Board take action under Division 7;
(e) that the Board requires the medical practitioner to give
an undertaking to the Board to undergo counselling
25
specified by the impairment review committee;
(f) that the Board impose conditions specified by the
committee on the medical practitioner's registration;
(g) if the subject matter of the complaint is sufficiently
serious to warrant suspension or cancellation of the
30
medical practitioner's registration, that the Board make
an allegation to the State Administrative Tribunal.
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Division 6 Impairment matters
s. 103
(4) The impairment review committee may recommend that the
Board do both of the things referred to in subsection (3)(e)
and (f).
103. Role of Board
(1) If, after receiving a report under section 101(5), the Board
5
decides that it would be appropriate to make an allegation to the
State Administrative Tribunal, the Board may --
(a) make an allegation to the Tribunal; and
(b) withdraw the complaint from the impairment review
committee.
10
(2) If the Board receives a report from the impairment review
committee under section 102, the Board is to consider the report
and either --
(a) act on any recommendation in the report; or
(b) take action of a kind referred to in section 102(3) other
15
than that recommended by the committee.
(3) The Board may take both of the actions referred to in
section 102(3)(e) and (f) in respect of a complaint.
(4) For the purpose of taking action of a kind referred to in
section 102(3)(b), the Board may suspend the medical
20
practitioner from the practice of medicine for the period
recommended by the impairment review committee or specified
by the Board.
(5) If the Board proposes to take action under subsection (2) that is
materially different to, or has more restrictive consequences
25
than, that recommended by the impairment review committee,
the Board must --
(a) give the medical practitioner an opportunity to make a
written submission to, or attend before and make a
representation to, the Board; and
30
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Medical Practitioners Bill 2006
Part 6
Disciplinary, competency and impairment matters
Division 7
Competency matters
s. 104
(b) have regard to any submission or representation made
by the medical practitioner,
before taking that action.
(6) Within 7 days of deciding to take action under subsection (1)
or (2), the Board is to give written notice to the medical
5
practitioner and complainant (if any) of the action taken or
proposed to be taken by the Board together with short
particulars of the reasons for the decision to take the action.
Division 7 -- Competency matters
104. Action by Board
10
(1) Subject to subsection (2), if the Board decides --
(a) under section 86(1), 87(5), 97(2) or 103(2) to take action
on a complaint relating to a competency matter; or
(b) under section 111(e) to deal with a complaint,
under this Division, the Board is to --
15
(c) advise the respondent by written notice that a complaint
is going to be dealt with under this Division and give the
respondent a brief summary of the effect of this
Division; and
(d) if the respondent has not previously been advised as to
20
the subject matter of the complaint, advise the
respondent by written notice as to the subject matter of
the complaint; and
(e) refer the complaint to the professional standards
committee.
25
(2) If the Board decides that the subject matter of a complaint is
sufficiently serious to warrant suspension or cancellation of the
medical practitioner's registration, the Board may, instead of
referring the complaint to the professional standards committee,
make an allegation to the State Administrative Tribunal.
30
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Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 7 Competency matters
s. 105
105. Assessment of medical practitioner
(1) If the Board decides --
(a) under section 86(1), 87(5), 97(2) or 103(2) to take action
on a complaint relating to a competency matter; or
(b) under section 111(e) to deal with a complaint,
5
under this Division, the Board may order the medical
practitioner the subject of the complaint to submit, within the
time specified by the Board, to an assessment by an assessor.
(2) The nature of the assessment is to be determined by the Board
but must be reasonable having regard to the subject matter of
10
the complaint.
(3) The order may require the medical practitioner to take part, if
practicable, in an assessment exercise based on a simulated
clinical situation (for example, a mock consultation).
(4) The Board is to give the medical practitioner written notice of
15
the order stating --
(a) the name of the assessor appointed by the Board to
conduct the assessment; and
(b) the nature of the assessment that the Board has
determined should be made; and
20
(c) the time and place at which the assessment is to be
conducted; and
(d) the consequence if the medical practitioner, without
reasonable excuse, fails to comply with the order.
(5) The Board may give the assessor directions as to how the
25
assessment is to be conducted.
(6) The medical practitioner must pay for the assessment and report
prepared under this section.
(7) An assessor who carries out an assessment for the purposes of
subsection (1) is to prepare a report on the assessment and give
30
the report to the Board.
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Disciplinary, competency and impairment matters
Division 7
Competency matters
s. 106
(8) Unless the Board decides to make an allegation to the State
Administrative Tribunal under section 109(1), the registrar is to
give a copy of the report of the assessment to the professional
standards committee (if the complaint has been referred to the
committee) for consideration and to the medical practitioner.
5
(9) If a medical practitioner, without reasonable excuse, fails to
comply with an order to submit to an assessment by an assessor,
the Board may make an allegation to the State Administrative
Tribunal.
106. Assessor
10
(1) The Board may appoint one or more medical practitioners to
conduct an assessment under section 105.
(2) The Board is to issue to each assessor it appoints a certificate of
appointment in an approved form.
(3) The certificate of appointment must state --
15
(a) the nature of the assessment that the assessor has been
appointed to conduct; and
(b) the powers under this Act that the assessor may exercise.
(4) A certificate purporting to have been issued under this section is
evidence in any court of the appointment to which the certificate
20
purports to relate.
107. Powers of assessor
(1) An assessor may for the purposes of conducing an assessment
of a medical practitioner enter at any reasonable time premises
at which the medical practitioner practises medicine or stores
25
records relating to his or her practice --
(a) with the consent of the medical practitioner and the
occupier (if any) of the premises; or
(b) without the consent of the medical practitioner and the
occupier (if any) of the premises, if the assessor has
30
given the medical practitioner and the occupier (if any)
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Part 6 Disciplinary, competency and impairment matters
Division 7 Competency matters
s. 107
5 days' notice in writing of the assessor's intention to
enter the premises.
(2) Subsection (1)(b) does not apply to residential premises.
(3) If an assessor enters premises under subsection (1), the assessor
may for the purposes of an assessment --
5
(a) examine equipment on the premises used by the medical
practitioner in connection with his or her medical
practice; and
(b) require a person on the premises to produce medical
supplies, including therapeutic substances, that are in the
10
possession or under the control of the person; and
(c) take photographs of the premises, equipment or medical
supplies; and
(d) require a person on the premises to produce to the
assessor any document or other thing concerning the
15
assessment that is in the possession or under the control
of the person; and
(e) inspect any document or other thing produced to the
assessor and retain it for such reasonable period as the
assessor thinks fit, and make copies of a document or
20
any of its contents; and
(f) require the occupier (if any) of the premises to provide
such assistance and facilities as the assessor reasonably
requires to carry out the assessor's functions; and
(g) require a person on the premises --
25
(i) to give the assessor such information as the
assessor requires; and
(ii) to answer any question put to that person,
in relation to the assessment; and
(h) exercise other powers prescribed by the regulations.
30
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Medical Practitioners Bill 2006
Part 6
Disciplinary, competency and impairment matters
Division 7
Competency matters
s. 107
(4) A requirement made under subsection (3)(d) --
(a) must be made by notice in writing given to the person
required to produce the document or other thing; and
(b) must specify the time at or within which the document
or other thing is to be produced; and
5
(c) may, by its terms, require that the document or other
thing required be produced at a place and by means
specified in the requirement; and
(d) where the document required is not in a readable format,
must be treated as a requirement to produce --
10
(i) the document itself; and
(ii) the contents of the document in a readable
format.
(5) A requirement made under subsection (3)(g) --
(a) may be made orally or by notice in writing served on the
15
person required to give information or answer a
question, as the case may be; and
(b) must specify the time at or within which the information
is required to be given or the question is required to be
answered, as the case may be; and
20
(c) may, by its terms, require that the information or answer
requested --
(i) be given orally or in writing;
(ii) be given at or sent or delivered to a place
specified in the requirement;
25
(iii) in the case of written information or answers be
sent or delivered by means specified in the
requirement;
(iv) be verified by statutory declaration.
(6) If under subsection (3)(g) an assessor requires a person to give
30
information or answer a question, the assessor must inform that
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Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 7 Competency matters
s. 108
person that the person is required under this Act to give the
information or answer the question.
(7) An assessor must produce his or her certificate of appointment
if requested to do so by a person in respect of whom the
assessor has exercised, or is about to exercise, a power under
5
this section.
108. Role of the professional standards committee
(1) The professional standards committee must investigate a
complaint referred to it by the Board.
(2) On completion of the investigation of the medical practitioner
10
and after --
(a) considering any report given to the committee under
section 105(8); and
(b) giving the medical practitioner an opportunity to make a
written submission to, or attend before and make a
15
representation to, the committee; and
(c) having regard to any submission or representation made
by the medical practitioner,
the professional standards committee is to submit a report in
writing to the Board --
20
(d) detailing its findings and conclusions in relation to the
complaint referred to it; and
(e) making a recommendation to the Board under
subsection (3); and
(f) giving reasons for its recommendation.
25
(3) The committee may make the following recommendations to
the Board under subsection (2)(e) --
(a) that the Board take no further action in relation to the
complaint;
(b) if the complaint involves a disciplinary matter, that the
30
Board take action under Division 5;
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Part 6
Disciplinary, competency and impairment matters
Division 7
Competency matters
s. 109
(c) if the complaint involves an impairment matter, that the
Board take action under Division 6;
(d) that the Board impose conditions specified by the
committee on the medical practitioner's registration;
(e) that the Board require the medical practitioner to give an
5
undertaking to the Board to complete an educational
course specified by the professional standards
committee;
(f) that the Board require the medical practitioner to give an
undertaking to the Board to report, at intervals specified
10
by the Board, on his or her medical practice to a medical
practitioner nominated by the Board;
(g) that the Board require the medical practitioner to give an
undertaking to the Board to obtain advice on the
management of his or her medical practice from a
15
person specified by the Board;
(h) if the subject matter of the complaint is sufficiently
serious to warrant suspension or cancellation of the
medical practitioner's registration, that the Board make
an allegation to the State Administrative Tribunal.
20
(4) The professional standards committee may recommend that the
Board do more than one of the things referred to in
subsection (3)(d), (e), (f) and (g).
109. Role of Board
(1) If, after receiving a report under section 105(7), the Board
25
decides that the subject matter of the complaint is sufficiently
serious to warrant suspension or cancellation of the medical
practitioner's registration, the Board may --
(a) make an allegation to the State Administrative Tribunal;
and
30
(b) withdraw the complaint from the professional standards
committee.
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Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 8 Conciliation
s. 110
(2) If the Board receives a report from the professional standards
committee under section 108, the Board is to consider the
recommendation of the committee and either --
(a) act on the recommendation; or
(b) take action of a kind referred to in section 108(3) other
5
than that recommended by the committee.
(3) The Board may take more than one of the actions referred to in
section 108(3)(d), (e), (f) and (g) in respect of a complaint.
(4) If the Board proposes to take action under subsection (2) that is
materially different to, or has more restrictive consequences
10
than, that recommended by the professional standards
committee, the Board is to --
(a) give the medical practitioner an opportunity to make a
written submission to, or attend before and make a
representation to, the Board; and
15
(b) have regard to any submission or representation made
by the medical practitioner,
before taking that action.
(5) Within 7 days of deciding to take action under subsection (1)
or (2), the Board is to give written notice to the medical
20
practitioner and complainant (if any) of the action taken or
proposed to be taken by the Board together with short
particulars of the reasons for the decision to take the action.
Division 8 -- Conciliation
110. Conciliation process
25
(1) If the Board decides that an attempt should be made to settle a
complaint by conciliation, the Board is to refer the complaint to
the complaints assessment committee.
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Medical Practitioners Bill 2006
Part 6
Disciplinary, competency and impairment matters
Division 8
Conciliation
s. 110
(2) The complaints assessment committee must commence
conciliation procedures within 14 days of the complaint being
referred to it under subsection (1) and may for that purpose --
(a) cause conferences of the complainant or person affected
by the conduct of the respondent and the respondent (the
5
"parties"), or their representatives, to be arranged and
to be presided over by a person appointed in accordance
with the regulations; and
(b) give advice and make recommendations to assist in the
reaching of an agreement; and
10
(c) cause the parties, or any of them, either separately or
together, to appear before the complaints assessment
committee.
(3) The Board may, with the consent of each of the parties to an
agreement negotiated under this Division, by order give effect
15
to the agreement.
(4) If the Board makes an order under subsection (3) --
(a) the terms of the agreement reached between the parties
referred to in the order are final and binding on those
parties; and
20
(b) the order may include any action that the State
Administrative Tribunal might have taken under
section 116(1) or (2).
(5) Evidence of anything lawfully said or done, or any record
prepared and produced for the purpose of conciliation, by a
25
person in the course of the conciliation process is not to be used
in any subsequent consideration of the complaint by the Board
nor, unless that person waives the right to object, is it admissible
in evidence against that person in any subsequent civil
proceedings concerning the subject matter of the complaint.
30
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Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 9 Medical students
s. 111
111. Action if conciliation fails
If --
(a) the conciliation process fails to result in an agreement
between the complainant or other person affected by the
conduct of the respondent and the respondent; or
5
(b) the Board is satisfied that the parties are not cooperating
with the conciliation process; or
(c) the Board is not satisfied with the result of the
conciliation process,
the Board is to --
10
(d) make an order under Division 4; or
(e) deal with the complaint under Division 5, 6 or 7; or
(f) make an allegation to the State Administrative Tribunal.
Division 9 -- Medical students
112. Impaired ability to participate in a clinical activity
15
(1) If the Board believes on reasonable grounds that a medical
student's ability to participate in a clinical activity is affected
by --
(a) his or her use of or dependence on alcohol or a drug; or
(b) an impairment,
20
to such an extent that the student's participation in that activity
safely and competently is, or is likely to be, adversely affected,
the Board may refer the matter to the Dean of the medical
school at which the student is studying medicine.
(2) If the medical student and the Dean agree on a condition to
25
ensure that the student can participate in a clinical activity
safely and competently and the student fails to comply with that
condition, or the medical student and the Dean cannot agree on
such a condition, the Dean may refer the matter to the Board.
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Medical Practitioners Bill 2006
Part 6
Disciplinary, competency and impairment matters
Division 9
Medical students
s. 113
(3) Section 101(1) to (5) apply in respect of a medical student
referred back to the Board as if the medical student was a
medical practitioner the subject of a complaint.
(4) If a medical student, without reasonable excuse, fails to comply
with an order to submit to an examination by a medical
5
practitioner nominated by the Board, the Board may make an
allegation to the State Administrative Tribunal that there is
proper cause for action to be taken under section 119.
113. Referral to impairment review committee
(1) After considering any report given to the Board in relation to a
10
medical student under section 101(5) (as applied by
section 112(3)), the Board may refer the matter and the report to
the impairment review committee.
(2) After considering --
(a) the medical report; and
15
(b) giving the medical student an opportunity to make a
written submission to, or attend before and make a
representation to, the committee; and
(c) having regard to any submission or representation made
by the medical student,
20
the impairment review committee may make any one or more of
the following recommendations to the Board --
(d) that the Board take no further action in relation to the
matter;
(e) if the medical student consents to ceasing to participate
25
in a clinical activity for a period recommended by the
impairment review committee or specified by the Board,
that the Board require that the student not participate in
a clinical activity for a period recommended by the
impairment review committee or specified by the Board;
30
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Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 9 Medical students
s. 114
(f) that the Board require the medical student to undergo
counselling specified by the impairment review
committee;
(g) that the Board impose conditions specified by the
committee on the medical student's participation in a
5
clinical activity;
(h) that the Board make an allegation to the State
Administrative Tribunal that there is proper cause for
action to be taken under section 119.
(3) The Board must consider the recommendation of the
10
impairment review committee and either --
(a) act on the recommendation; or
(b) take action of a kind referred to in subsection (2)(d)
to (h) other than that recommended by the committee.
(4) For the purpose of taking action of a type referred to in
15
subsection (2)(e), the Board may require that the medical
student not participate in a clinical activity for a period
recommended by the impairment review committee or specified
by the Board.
114. Revocation of prohibition
20
(1) The Board may, by notice in writing, revoke a prohibition and
may direct in the notice that the revocation has effect from a
date specified in the notice.
(2) The Board cannot revoke a prohibition imposed by order of the
State Administrative Tribunal under section 119 unless it has
25
applied for, and obtained, the approval of the State
Administrative Tribunal to do so.
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Medical Practitioners Bill 2006
Part 6
Disciplinary, competency and impairment matters
Division 10
Role of the State Administrative Tribunal
s. 115
Division 10 -- Role of the State Administrative Tribunal
115. Constitution of State Administrative Tribunal
(1) When the State Administrative Tribunal is exercising
jurisdiction under this Act, it is to be constituted by 4 members
specified by the President being --
5
(a) one person who is a legally qualified member; and
(b) 2 persons who are medical practitioners with extensive
or special experience as medical practitioners; and
(c) one person who is not a medical practitioner but is
familiar with the interests of medical practitioners or has
10
knowledge and experience enabling understanding of
those interests.
(2) In subsection (1)(b) "medical practitioner" does not include an
interstate practitioner or a defence force medical officer.
(3) Despite subsection (1), the President can specify that the
15
Tribunal is to be constituted by 5 members if the President is
satisfied that it is appropriate to do so in particular
circumstances and the additional member is to be a person of a
kind referred to in subsection (1)(a) or (c) specified by the
President.
20
(4) The member specified under subsection (1)(a) is to be the
presiding member.
(5) Subsections (1), (3) and (4) do not apply when the Tribunal is
holding a directions hearing or other procedural hearing.
(6) Terms used in this section relating to the Tribunal have the
25
meaning given to them in the State Administrative Tribunal
Act 2004 section 3(1).
116. Powers of the State Administrative Tribunal in relation to a
disciplinary matter
(1) If, in a proceeding commenced by an allegation under this Act
30
against a medical practitioner, the State Administrative Tribunal
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Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 10 Role of the State Administrative Tribunal
s. 116
is of the opinion that a disciplinary matter exists in relation to
the person, the Tribunal may do one or more of the following --
(a) decline to make an order or a requirement under this
subsection;
(b) order the registrar to amend the particulars entered in the
5
register in respect of the person;
(c) caution or reprimand the person;
(d) require that the person --
(i) if the patient agrees, to provide further services
to a patient at no cost or at an amount determined
10
by the Tribunal;
(ii) to pay, wholly or in part, for further services to
be provided to a patient by another medical
practitioner;
(iii) to reduce or refund the amount of any fees paid
15
in respect of services provided to a patient, to
such an extent as is determined by the Tribunal;
(e) order the person to undergo counselling specified in the
order;
(f) order that the person comply with such conditions as the
20
Tribunal may impose on the registration of that person;
(g) order the person to report, at intervals specified by the
Tribunal, on his or her medical practice to a medical
practitioner nominated by the Board and specified in the
order;
25
(h) order the person to obtain advice on the management of
his or her medical practice from a person nominated by
the Board and specified in the order;
(i) order the person to pay a penalty not exceeding $25 000;
(j) order that the person be suspended from the practice of
30
medicine for a period, not exceeding 2 years, specified
in the order;
page 94
Medical Practitioners Bill 2006
Part 6
Disciplinary, competency and impairment matters
Division 10
Role of the State Administrative Tribunal
s. 117
(k) order that the medical practitioner's registration be
cancelled and name be removed from the register.
(2) If, in a proceeding commenced by an allegation under this Act
against a person who was a medical practitioner when the
disciplinary matter allegedly occurred but who is no longer a
5
medical practitioner, the State Administrative Tribunal is of the
opinion that a disciplinary matter exists in relation to that
person, the only powers that the Tribunal may exercise are the
powers in subsection (1)(a), (c), (d)(ii) and (iii), and (i).
117. Powers of the State Administrative Tribunal in relation to
10
an impairment matter
If, in a proceeding commenced by an allegation under this Act,
the State Administrative Tribunal is of the opinion that an
impairment matter exists in relation to a medical practitioner,
the Tribunal may do one or more of the following --
15
(a) decline to make an order or requirement under this
subsection;
(b) require the medical practitioner to seek and undergo
counselling specified by the Tribunal;
(c) order that the medical practitioner comply with such
20
conditions as the Tribunal may impose on the
registration of that person;
(d) order that the medical practitioner be suspended from
the practice of medicine for the period of time, not
exceeding 2 years, specified by the Tribunal in the
25
order;
(e) order that the medical practitioner's registration be
cancelled and name be removed from the register.
118. Powers of the State Administrative Tribunal in relation to a
competency matter
30
If, in a proceeding commenced by an allegation under this Act,
the State Administrative Tribunal is of the opinion that a
page 95
Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 10 Role of the State Administrative Tribunal
s. 119
competency matter exists in relation to a medical practitioner,
the Tribunal may do one or more of the following --
(a) decline to make an order under this subsection;
(b) order that the medical practitioner comply with such
conditions as the Tribunal may impose on the
5
registration of that person;
(c) order that the medical practitioner complete an
educational course specified by the Tribunal;
(d) order that the medical practitioner report, at intervals
specified by the Tribunal, on his or her medical practice
10
to a medical practitioner nominated by the Board and
specified in the order;
(e) order that the medical practitioner obtain advice on the
management of his or her medical practice from a
person nominated by the Board and specified in the
15
order;
(f) order that the medical practitioner be suspended from
the practice of medicine for a period, not exceeding
2 years, specified in the order;
(g) order that the medical practitioner's registration be
20
cancelled and name be removed from the register.
119. Powers of the State Administrative Tribunal in relation to a
medical student
If, in a proceeding commenced by an allegation under this Act
in relation to a medical student, the State Administrative
25
Tribunal is of the opinion that a medical student's ability to
participate in a clinical activity is affected by --
(a) his or her use of or dependence on alcohol or a drug; or
(b) an impairment,
to such an extent that the student's participation in that activity
30
safely and competently is, or is likely to be, adversely affected,
it may, by order, prohibit the medical student from participation
page 96
Medical Practitioners Bill 2006
Part 6
Disciplinary, competency and impairment matters
Division 11
Miscellaneous
s. 120
in a clinical activity specified in the order for a period specified
in the order or if no period is specified, indefinitely.
120. Ancillary powers of the State Administrative Tribunal
(1) In a proceeding commenced by an allegation under this Act, the
State Administrative Tribunal may order that the medical
5
practitioner the subject of the allegation --
(a) undergo an examination, within the time specified by
the Tribunal, by a medical practitioner nominated by the
Tribunal; or
(b) submit, on a date specified by the Tribunal, to an
10
assessment by an assessor.
(2) If the Tribunal makes an order under subsection (1)(a),
section 101(2), (3) and (5) apply to the exercise of the power as
if a reference in those subsections --
(a) to the Board were a reference to the Tribunal; and
15
(b) to a requirement were a reference to the order.
(3) If the Tribunal makes an order under subsection (1)(b),
sections 105(2), (3), (4), (5) and (7), 106 and 107 apply to the
exercise of the power as if a reference in those provisions to the
Board were a reference to the Tribunal.
20
Division 11 -- Miscellaneous
121. Release of information: Board, professional standards
committee and impairment review committee
(1) The --
(a) presiding member may, if he or she thinks it appropriate
25
in the particular circumstances of a complaint being
dealt with by the Board; or
page 97
Medical Practitioners Bill 2006
Part 6 Disciplinary, competency and impairment matters
Division 11 Miscellaneous
s. 122
(b) chairperson of the professional standards committee or
the impairment review committee may, if he or she
thinks it appropriate in the particular circumstances of a
complaint being dealt with by his or her committee,
direct that all or any of the following matters not be
5
published --
(c) the name and address of the complainant;
(d) the name and address of the respondent;
(e) any specified evidence;
(f) all or any part of any report given to the committee;
10
(g) the name and address of any person who gave
information to the committee.
(2) A direction may be amended or revoked at any time by the
presiding member or chairperson, as the case may be.
(3) A person who contravenes a direction given under
15
subsection (1) commits an offence.
Penalty:
(a) in the case of an individual, a fine of $5 000;
(b) in any other case, a fine of $10 000.
122. Suspension
20
(1) If, under section 87(1)(b)(ii), 103(4), 116(1)(j), 117(d) or 118(f),
a person is suspended from the practice of medicine, the person
is to be regarded as not being registered during the period of the
suspension.
(2) The Board may, by notice in writing, revoke a suspension and
25
may direct in the notice that the revocation has effect from a
date specified in the notice.
(3) The Board cannot revoke a suspension that was imposed by the
State Administrative Tribunal under section 116(1)(j), 117(d)
or 118(f) unless it has applied for, and obtained, the approval of
30
the Tribunal to do so.
page 98
Medical Practitioners Bill 2006
Part 6
Disciplinary, competency and impairment matters
Division 11
Miscellaneous
s. 123
(4) This section does not apply to an interstate practitioner.
123. Costs
The Board may, in addition to or instead of exercising a power
under section 97(1) or (2), order the respondent to pay the
Board such costs and expenses of or arising from the
5
investigation and exercise of that power as the Board thinks fit.
page 99
Medical Practitioners Bill 2006
Part 7 Offences
s. 124
Part 7 -- Offences
124. Persons who may practise medicine
A person must not practise medicine unless that person is a
medical practitioner.
Penalty:
5
(a) in the case of an individual --
(i) for a first offence, a fine of $5 000, and a
daily penalty of $200;
(ii) for a second or subsequent offence, a fine of
$10 000, and a daily penalty of $400;
10
(b) in any other case --
(i) for a first offence, a fine of $10 000, and a
daily penalty of $400;
(ii) for a second or subsequent offence, a fine of
$20 000, and a daily penalty of $800.
15
125. Persons who may be employed or engaged to practise
medicine
A person must not employ or engage a person to practise
medicine unless the person employed or engaged is a medical
practitioner.
20
Penalty:
(a) in the case of an individual --
(i) for a first offence, a fine of $5 000, and a
daily penalty of $200;
(ii) for a second or subsequent offence, a fine of
25
$10 000, and a daily penalty of $400;
(b) in any other case --
(i) for a first offence, a fine of $10 000, and a
daily penalty of $400;
page 100
Medical Practitioners Bill 2006
Part 7
Offences
s. 126
(ii) for a second or subsequent offence, a fine of
$20 000, and a daily penalty of $800.
126. Exceptions to sections 124 and 125
For the purposes of sections 124 and 125, a person is not
practising medicine only because --
5
(a) the person is a student practising medicine under the
immediate personal supervision of a medical
practitioner; or
(b) the person employs or engages a person who practises
medicine.
10
127. Use of title "medical practitioner" or a title of a specialist, or
pretending to be registered
(1) A person must not --
(a) use the title "medical practitioner" unless the person is a
registered person; or
15
(b) use a title under which a specialty may be practised that
is prescribed under section 37(1) unless that person is
registered to practise that specialty; or
(c) advertise, or otherwise hold out or imply, that the person
is registered or entitled, either alone or with others, to
20
practise medicine or a specialty, unless that person is a
registered person.
Penalty:
(a) for a first offence, a fine of $2 500, and a daily
penalty of $100;
25
(b) for a second or subsequent offence, a fine of $5 000,
and a daily penalty of $200.
(2) Subsection (1)(b) does not apply in relation to the title under
which a specialty may be practised until the day 6 months after
the day on which that title is prescribed under section 37(1).
30
page 101
Medical Practitioners Bill 2006
Part 7 Offences
s. 128
(3) Subsection (1)(c) does not apply to a newspaper proprietor or
printer who publishes an advertisement unless he or she has
been notified in writing by the registrar before the advertisement
was published that the advertisement contravenes
subsection (1)(c).
5
128. Medical services provided by a person registered elsewhere
(1) In this section --
"foreign practitioner" means a natural person who is
registered as a medical practitioner under the law in force
in another State or a Territory but does not include an
10
interstate practitioner or defence force medical officer.
(2) In proceedings against a foreign practitioner for a breach of
section 124 or 127(1)(a), (b) or (c), it is a defence to show that
the practitioner --
(a) practised medicine or a specialty; or
15
(b) used the title "medical practitioner"; or
(c) used a title under which a specialty may be practised,
in an emergency or for the purpose of the removal of tissue
under the Human Tissue and Transplant Act 1982.
129. Medical practitioners to arrange consultation in certain
20
cases
(1) In subsection (2) --
"relative", in relation to a patient, includes a de facto partner of
the patient.
(2) A medical practitioner who is requested so to do by --
25
(a) a patient; or
(b) a relative of a patient who for any reason is unable to
make the request himself or herself,
must endeavour to arrange for a professional consultation
between that medical practitioner and another medical
30
page 102
Medical Practitioners Bill 2006
Part 7
Offences
s. 130
practitioner with respect to the condition of the patient and the
medical or surgical treatment appropriate in the circumstances.
(3) Any medical practitioner who without lawful excuse
contravenes subsection (2) commits an offence.
Penalty:
5
(a) for a first offence, a fine of $2 500;
(b) for a second or subsequent offence, a fine of $5 000.
(4) A medical practitioner who arranges a consultation with another
medical practitioner in accordance with the provisions of
subsection (2) does not thereby become liable for the charges of
10
the medical practitioner in relation to the consultation.
130. Restriction on administration of anaesthetics in certain cases
Except in an emergency, a medical practitioner must not --
(a) administer a general anaesthetic to a patient on whom
the medical practitioner is operating; or
15
(b) cause or permit any person other than another medical
practitioner to administer a general anaesthetic to such a
patient.
Penalty:
(a) for a first offence, a fine of $2 500;
20
(b) for a second or subsequent offence, a fine of $5 000.
131. Offences related to advertising medical services
A person must not advertise, or cause to be advertised, services
that are provided by a medical practitioner in a manner that --
(a) is false in a material particular; or
25
(b) is misleading or deceptive or is likely to mislead or
deceive; or
(c) creates, or is likely to create, an unjustified expectation
of beneficial treatment; or
page 103
Medical Practitioners Bill 2006
Part 7 Offences
s. 132
(d) promotes the unnecessary or inappropriate use of
medical services; or
(e) refers to, uses or cites actual or purported
testimonials; or
(f) offers a discount, gift or inducement to attract a person
5
to use the services unless the advertisement also states
the terms of the offer; or
(g) compares those services with those provided by another
medical practitioner other than on the basis of scientific
comparison.
10
Penalty:
(a) in the case of an individual --
(i) for a first offence, a fine of $5 000, and a
daily penalty of $200;
(ii) for a second or subsequent offence, a fine of
15
$10 000, and a daily penalty of $400;
(b) in any other case --
(i) for a first offence, a fine of $20 000, and a
daily penalty of $800;
(ii) for a second or subsequent offence, a fine of
20
$40 000, and a daily penalty of $1 600.
132. Failure to comply with an order or requirement of the
Board
A person must not --
(a) contravene or fail to comply with an order of the Board
25
given to that person under section 87; or
(b) fail to comply with a requirement made by the Board
under section 97(2), 103(2) or 109(2).
Penalty:
(a) in the case of an individual, a fine of $5 000;
30
(b) in any other case, a fine of $10 000.
page 104
Medical Practitioners Bill 2006
Part 7
Offences
s. 133
133. False or misleading information
(1) A person must not do any of the things set out in
subsection (2) --
(a) in relation to an application under this Act; or
(b) in relation to the compliance, or purported compliance,
5
with any requirement of this Act to give the Board or the
registrar advice or information; or
(c) in relation to proceedings of the Board, the complaints
assessment committee, the professional standards
committee or the impairment review committee; or
10
(d) in relation to an attempt at conciliation under
section 110.
Penalty: a fine of $24 000 or imprisonment for 2 years.
(2) The things to which subsection (1) applies are --
(a) making a statement which the person knows is false or
15
misleading in a material particular; or
(b) making a statement which is false or misleading in a
material particular, with reckless disregard as to whether
or not the statement is false or misleading in a material
particular; or
20
(c) providing, or causing to be provided, information that
the person knows is false or misleading in a material
particular; or
(d) providing, or causing to be provided, information that is
false or misleading in a material particular, with reckless
25
disregard as to whether the information is false or
misleading in a material particular.
134. Confidentiality
A medical practitioner who carries out an examination under
section 101 and an assessor who carries out an assessment under
30
section 105 must not, directly or indirectly, record, disclose or
page 105
Medical Practitioners Bill 2006
Part 7 Offences
s. 135
make use of any information obtained in the course of carrying
out that examination or assessment except --
(a) for the purpose of performing functions under this Act;
or
(b) as required or allowed by this Act or under another
5
written law; or
(c) for the purpose of proceeding under Part 6; or
(d) with the written consent of the person to whom the
information relates.
Penalty: a fine of $5 000.
10
135. Offences in relation to assessment or investigation
(1) Where under section 92 or 107 a person is required to give any
information, answer any question, or produce any document or
thing and that person, without reasonable excuse (proof of
which lies on the person) --
15
(a) fails to give that information or answer that question at
or within the time specified in the requirement; or
(b) gives any information or answer that is false in any
particular; or
(c) fails to produce that document or thing at or within the
20
time specified in the requirement,
the person commits an offence.
Penalty:
(a) in the case of an individual, a fine of $5 000;
(b) in any other case, a fine of $10 000.
25
(2) It is a defence in any proceeding for an offence under
subsection (1)(a) or (c) for the accused to show --
(a) that, in the case of an alleged offence arising out of a
requirement made orally under section 92 or 107, the
assessor or investigator did not, when making the
30
requirement, inform the accused that he or she was
page 106
Medical Practitioners Bill 2006
Part 7
Offences
s. 136
required under this Act to give the information or
answer the question, as the case may be; or
(b) that, in the case of an alleged offence arising out of a
requirement made by notice in writing under section 92
or 107, the notice did not state that he or she was
5
required under this Act to give the information, answer
the question, or produce the document or thing, as the
case may be; or
(c) that the time specified in the requirement did not afford
the accused sufficient notice to enable him or her to
10
comply with the requirement; or
(d) that, in any case, the assessor or investigator did not,
before making the requirement, have reasonable grounds
to believe that compliance with the requirement would
materially assist in the assessment or investigation being
15
carried out.
136. Obstruction of assessor or investigator
A person must not prevent or attempt to prevent an assessor or
an investigator from entering premises or otherwise obstruct or
impede an assessor or an investigator in the exercise of his or
20
her powers under section 92 or 107.
Penalty:
(a) in the case of an individual, a fine of $5 000;
(b) in any other case, a fine of $10 000.
137. Impersonating an investigator or assessor
25
A person must not impersonate an investigator or assessor.
Penalty:
(a) in the case of an individual, a fine of $5 000;
(b) in any other case, a fine of $10 000.
page 107
Medical Practitioners Bill 2006
Part 7 Offences
s. 138
138. Information relating to certain business structures
(1) If a medical practitioner practises medicine under a form of
business structure recognised by law (the "business") other
than --
(a) a practice on his or her own account; or
5
(b) a partnership in which all of the partners are medical
practitioners,
the business must give the Board written notice of the
particulars prescribed by the regulations.
Penalty: a fine of $1 000.
10
(2) A business must give the Board written notice of any change to
the particulars that the business has given to the Board within
14 days after the change occurs.
Penalty: a fine of $1 000.
(3) If the business is a partnership, this section applies to the
15
partnership as if the partnership were a person, but any offence
against this section that would otherwise be an offence by a
partnership is to be taken to have been committed by each of the
partners.
(4) In subsection (1) the reference to a form of business structure
20
recognised by law does not include an agency or a board as
those terms are defined in the Hospitals and Health Services
Act 1927 section 2(1).
(5) The regulations may provide that subsections (1) and (2) do not
apply to a person or class of person specified in the regulations.
25
139. Undue influence
A person must not cause or induce a medical practitioner to do
any thing in the course of practising medicine that the person is
aware, or ought reasonably to be aware, is conduct that would
constitute a disciplinary matter.
30
Penalty: a fine of $50 000.
page 108
Medical Practitioners Bill 2006
Part 7
Offences
s. 140
140. Payment, or acceptance of payment, for referrals prohibited
(1) In this section --
"associate of a medical practitioner" means, if a medical
practitioner engages in medical practice under a form of
business structure recognised by law with another person,
5
that other person.
(2) A medical practitioner or an associate of a medical practitioner
must not, directly or indirectly, pay an amount or give another
benefit, or attempt to pay an amount or give another benefit, to a
person in return for the person referring another person either to
10
the medical practitioner or the associate.
(3) A medical practitioner or an associate of a medical practitioner
must not, directly or indirectly, accept payment or another
benefit for referring a user of the professional services provided
either by the medical practitioner or the associate to a person
15
providing, or carrying on a business providing, a service for
maintaining, improving or restoring a person's health and
wellbeing.
Penalty applicable to subsections (2) and (3): a fine of $50 000.
141. Persons may be prohibited from supplying health
20
services etc.
(1) If a person is convicted of an offence against section 139 or 140,
the court sentencing the person for the offence may make an
order under subsection (2) or (4).
(2) The court may make an order, applying for a period specified by
25
the court --
(a) prohibiting the person from providing, carrying on, or
managing a business providing, a health service; or
(b) prohibiting the person from having a financial interest in
a business providing a health service; or
30
(c) if the person is a corporation, prohibiting an executive
officer of the corporation, who was in a position to
page 109
Medical Practitioners Bill 2006
Part 7 Offences
s. 141
influence the conduct of the corporation in relation to
the offence, from managing a corporation that carries on
a business providing a health service.
(3) For the purpose of subsection (2)(c), a person manages a
corporation if the person is a director, or is in any way
5
concerned in or takes part in the management, of the
corporation.
(4) The court may also make an order, applying for a period
specified by the court --
(a) prohibiting the person from entering into commercial
10
arrangements with a person who provides, carries on, or
manages a business providing, a health service; or
(b) if the person is a corporation, prohibiting an executive
officer of the corporation, who was in a position to
influence the conduct of the corporation in relation to
15
the offence, from entering into commercial
arrangements with a person who provides, carries on, or
manages a business providing, a health service.
(5) A reference in subsection (4) to a person entering into
commercial arrangements includes the entering into commercial
20
arrangements on behalf of another person.
(6) An order under subsection (2) or (4) may apply generally or be
limited in its application by reference to specified conditions,
exceptions or factors.
(7) A person must not contravene an order under subsection (2)
25
or (4).
Penalty:
(a) in the case of an individual, a fine of $10 000, and a
daily penalty of $400;
(b) in any other case, a fine of $40 000, and a daily
30
penalty of $1 600.
page 110
Medical Practitioners Bill 2006
Part 7
Offences
s. 142
142. Assistance to execute a warrant
A medical practitioner, and any person --
(a) who engages or employs the medical practitioner to
practise medicine; or
(b) who is engaged or employed by the medical practitioner
5
in the medical practitioner's practice; or
(c) with whom the medical practitioner practises medicine
in partnership,
at the premises named in a warrant issued under section 94 is to
provide all reasonable assistance to an investigator executing
10
the warrant.
Penalty:
(a) in the case of an individual, a fine of $2 500;
(b) in any other case, a fine of $5 000.
143. Surrender of certificate
15
(1) If --
(a) a person's registration is cancelled and name removed
from the register; or
(b) a person is suspended from the practice of medicine,
the person is to surrender to the Board his or her certificate of
20
registration within 14 days after the day on which the person is
notified by the Board of the cancellation and removal of name
or suspension.
Penalty: a fine of $1 000.
(2) The Board may direct in writing that a person who is suspended
25
from the practice of medicine under section 87 is not obliged to
comply with subsection (1) and, in that case, the subsection
does not apply to that person.
(3) If the Board issues a certificate of registration to a person under
section 50(2), the person must surrender to the Board, within
30
page 111
Medical Practitioners Bill 2006
Part 7 Offences
s. 144
14 days of the day on which the certificate was issued under that
subsection, any previous certificate of registration issued to the
person by the Board that has not been surrendered to the Board.
Penalty: a fine of $1 000.
(4) It is a defence to a prosecution for an offence against
5
subsection (1) or (3) for the accused to show that the failure to
surrender the certificate was due to its loss or destruction.
144. Incriminating information, questions or documents
An individual is not excused from complying with a
requirement under section 92 or 107 on the ground that the
10
answer to a question or the production of a document or other
thing might incriminate the individual or render the individual
liable to a penalty, but neither --
(a) an answer given by the individual that was given to
comply with the requirement; nor
15
(b) the fact that a document or other thing produced by the
individual to comply with the requirement was
produced,
is admissible in evidence in any civil or criminal proceedings
against the individual other than proceedings for an offence
20
against section 135(1)(b).
145. Legal professional privilege
(1) Nothing in Part 6 or this Part prevents a person from refusing to
answer a question, provide information or produce a document
or other thing because the answer or information would relate
25
to, or the document or thing contains, information in respect of
which the person claims legal professional privilege.
(2) The Board may apply to the Supreme Court or a judge for a
declaration that legal professional privilege does, or does not,
apply to the answer, information, document or thing provided or
30
acquired under Part 6 or this Part.
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Medical Practitioners Bill 2006
Part 7
Offences
s. 145
(3) A person who claims the benefit of legal professional privilege
in relation to an answer, information, document or thing may
apply for an order under subsection (2).
(4) Nothing in this section prevents a person entitled to claim legal
professional privilege from waiving its application to an answer,
5
information, document or thing and a waiver once made cannot
later be revoked.
(5) A person, either personally or on another's behalf, who claims
that legal professional privilege applies to an answer,
information, document or thing and who knows, or ought to
10
know at the time that claim is made that it is false, misleading,
or without substance, commits an offence.
Penalty:
(a) in the case of an individual, a fine of $5 000;
(b) in any other case, a fine of $10 000.
15
page 113
Medical Practitioners Bill 2006
Part 8 Codes of practice, rules, regulations and forms
s. 146
Part 8 -- Codes of practice, rules, regulations
and forms
146. Codes of practice
(1) The Board may, with the approval of the Minister, issue codes
of practice for the practice of medicine and the conduct of
5
medical practitioners.
(2) A code of practice comes into operation on the day of
publication or on such other day as is determined by the
Minister, after consultation with the Board, and specified in the
code of practice.
10
(3) The Minister is not to give approval under subsection (1) unless
the Minister is satisfied that --
(a) a draft of the code of practice and an impact assessment
statement for the draft code have been prepared by the
Board in accordance with such requirements as the
15
Minister may from time to time determine; and
(b) the draft code of practice and impact assessment
statement have been made available for public comment
for such period and in the manner (if any) directed by
the Minister; and
20
(c) the Board has taken into account submissions (if any)
from members of the public on the draft code of practice
before submitting the code to the Minister for his or her
approval; and
(d) the Board has submitted to the Minister with the code of
25
practice the impact assessment statement and a report on
the submissions (if any) received from members of the
public; and
(e) the impact of the code of practice has been assessed
effectively by the Board in accordance with any
30
requirements of the Minister; and
page 114
Medical Practitioners Bill 2006
Part 8
Codes of practice, rules, regulations and forms
s. 146
(f) the code of practice is necessary or convenient having
regard to the purposes of this Act.
(4) Before approving a code of practice, the Minister may --
(a) direct the Board to review the draft code of practice to
ensure that it complies with any requirements
5
determined by the Minister; or
(b) after consulting the Board, direct the Board to amend the
draft code of practice in the manner specified by the
Minister; or
(c) give both of the directions referred to in paragraphs (a)
10
and (b).
(5) If the Minister --
(a) refuses to approve the issue of a code of practice; or
(b) gives a direction under subsection (4),
the Minister is to give the Board reasons in writing for his or her
15
refusal or direction and the reasons or direction are to be laid
before each House of Parliament within 14 sitting days of being
given to the Board.
(6) A code of practice may adopt wholly or partly any standards,
rules, code or other provisions published by some other body
20
and may adopt them --
(a) with or without any amendment or modification; and
(b) as in force at the time of adoption or as amended from
time to time.
(7) A breach of a code of practice does not of itself constitute a
25
disciplinary matter for the purposes of section 76 but in any
proceedings under Part 6 such a breach may be asserted and
may be taken into account in determining any question that
arises under that Part.
(8) Except as provided in subsection (7), no civil or criminal
30
liability attaches to a person by reason only that the person has
committed a breach of a code of practice.
page 115
Medical Practitioners Bill 2006
Part 8 Codes of practice, rules, regulations and forms
s. 147
(9) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
the code of practice as if the code of practice were regulations.
147. Rules
(1) The Board may make rules prescribing all matters required or
permitted by this Act to be prescribed by rules or necessary or
5
convenient to be prescribed for carrying out this Act.
(2) Without limiting subsection (1), rules may be made for all or
any of the following purposes --
(a) regulating the keeping and disposal of, and the means of
protecting the confidentiality of, patient records;
10
(b) regulating the keeping, sterilisation and disposal of
instruments and equipment used in the practice of
medicine;
(c) prescribing the means of infection control in the practice
of medicine.
15
(3) A rule made under subsection (1) has no effect unless and until
it is confirmed by the Governor.
(4) Nothing in subsection (3) affects the operation of the
Interpretation Act 1984 Part VI.
(5) The rules may provide that contravention of a rule is an offence,
20
and provide, for an offence against the rules, a penalty not
exceeding a fine of $5 000.
148. Regulations
(1) The Governor may make regulations --
(a) prescribing all matters that are required or permitted by
25
the Act to be prescribed by regulation; and
(b) with respect to any matter on which the Board may
make rules.
page 116
Medical Practitioners Bill 2006
Part 8
Codes of practice, rules, regulations and forms
s. 148
(2) Without limiting subsection (1), regulations may be made for all
or any of the following purposes --
(a) regulating the meetings and proceedings of, and the
conduct of business by, the Board or a committee;
(b) making provisions relating to registration, including
5
applications for and the amendment or renewal of
registration;
(c) maintaining the accuracy of the register;
(d) regulating the issue, display and use of certificates of
registration;
10
(e) regulating the manner of making to the Board any
complaint against or concerning a person who is, or was,
registered and who may make such a complaint;
(f) regulating the conduct of investigations under Part 6;
(g) regulating the conduct of conciliation conferences under
15
section 110 and the appointment of persons to preside
over those conferences;
(h) prescribing the fees to be paid for the purposes of this
Act and the persons liable for payment;
(i) prescribing returns and notices that are to be given to the
20
Board, and the manner in which they are to be given;
(j) providing that information supplied to the Board may be
required to be verified by statutory declaration.
(3) Where a regulation is inconsistent with a rule the regulation
prevails to the extent of the inconsistency.
25
(4) The regulations may provide that contravention of a regulation
is an offence, and provide, for an offence against the
regulations, a penalty not exceeding a fine of $5 000.
page 117
Medical Practitioners Bill 2006
Part 8 Codes of practice, rules, regulations and forms
s. 149
149. Forms
Forms that are convenient for the purposes of this Act may
be --
(a) prescribed by the regulations or rules; or
(b) approved in writing by the Board.
5
page 118
Medical Practitioners Bill 2006
Part 9
Miscellaneous
s. 150
Part 9 -- Miscellaneous
150. Protection
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
purported performance of a function under this Act.
5
(2) The Crown is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (1).
(3) The protection given by this section applies even though the
thing done as described in subsection (1) may have been
10
capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(5) A person who, in relation to any investigation under Part 6 --
(a) performs any function under that Part; or
15
(b) is otherwise concerned in proceedings under that Part,
has, in respect of any such function or concern, the same
protection and immunity as a member or officer of the Supreme
Court, or a witness or party before the Supreme Court, would
have in respect of a function or concern of a like nature related
20
to the jurisdiction of the Supreme Court.
151. Notice of decision to be given
(1) Subsection (2) applies to the following --
(a) any decision or order referred to in section 152;
(b) any decision to remove a name from the register under
25
section 54;
(c) any decision under section 56.
(2) If the Board makes a decision or order to which this subsection
applies, it is to record the grounds on which the decision or
page 119
Medical Practitioners Bill 2006
Part 9 Miscellaneous
s. 152
order was based, and its reasons, and is as soon as is practicable,
but in any case not later than 30 days after making the decision
or order, to give written notice of the decision or order, together
with those grounds and reasons, to the person to whom the
decision or order relates.
5
152. Review
A person who is aggrieved by --
(a) a decision to refuse to grant registration under
section 30, 31, 34 or 38, or to refuse to renew
registration under section 46(1); or
10
(b) a decision to impose a condition under section 30(5)
or (6), 31(3), 34(4), 38(6) or (7), 40 or 46(1)(d); or
(c) a decision, whether or not to revoke or vary a condition,
under section 30(7), 31(5), 34(6), 39(3), 38(8), 40(4) or
69(2) or (4); or
15
(d) a decision to cancel registration under section 33(8)
or 34(5); or
(e) a decision of the Board not to give a notice under
section 65(1)(b) or 66(2)(b); or
(f) a decision of the Board under section 86(1); or
20
(g) an order under section 87; or
(h) a decision of the Board under section 87(5), 103(2) or
109(2) to take action or under section 111(e) to deal
with a complaint under Part 6 Division 5; or
(i) a decision of the Board under section 97(2), other than a
25
decision to make an allegation to the State
Administrative Tribunal; or
(j) a decision of the Board under section 87(5), 97(2) or
109(2) to take action or under section 111(e) to deal
with a complaint under Part 6 Division 6; or
30
(k) a decision of the Board under section 101(1) to require a
medical practitioner to undergo an examination; or
page 120
Medical Practitioners Bill 2006
Part 9
Miscellaneous
s. 153
(l) a decision of the Board under section 103(2), other than
a decision to make an allegation to the State
Administrative Tribunal; or
(m) a decision of the Board under section 87(5), 97(2) or
103(2) to take action or under section 111(e) to deal
5
with a complaint under Part 6 Division 7; or
(n) an order of the Board under section 105(1) that a
medical practitioner submit to an assessment; or
(o) a decision of the Board under section 109(2), other than
a decision to make an allegation to the State
10
Administrative Tribunal; or
(p) a decision of the Board under section 113(3), other than
a decision to make an allegation to the State
Administrative Tribunal,
may apply to the State Administrative Tribunal for a review of
15
the order or decision.
153. Publication of proceedings etc.
(1) Subsection (2) applies to the following --
(a) the Board, any member of the Board, the registrar or any
officer or delegate of the Board or the registrar;
20
(b) any committee or any member of a committee or person
referred to in section 17(5);
(c) any board or authority outside the State charged with
regulating the registration and supervision of medical
practitioners or any officer or agent of or person
25
engaged or employed by the board or authority;
(d) any journalist for, the proprietor or any person
concerned in the publication or operation of, any
newspaper or periodical or of any electronic medium.
(2) Without limiting the operation of section 150, no action, claim
30
or demand lies against a person to whom this subsection applies
in respect of the communication or publication in good faith of
page 121
Medical Practitioners Bill 2006
Part 9 Miscellaneous
s. 154
any finding, reason or decision of the Board, the complaints
assessment committee, the professional standards committee,
the impairment review committee or the State Administrative
Tribunal.
(3) The Board may give notice of a finding, reason or decision of
5
the Board, the complaints assessment committee, the
professional standards committee, the impairment review
committee or the State Administrative Tribunal in respect of a
person to --
(a) any person referred to in subsection (1)(c) or (d); and
10
(b) any body that has granted the person a qualification that
is entered in the register; and
(c) any relevant professional association or trade union of
which the person is a member; and
(d) any person who has engaged or employed the person to
15
practise medicine or provide medical services or any
person with whom the person practises medicine in
partnership; and
(e) any other person who, in the opinion of the Board,
should be made aware of the finding, reason or decision,
20
and may publish notice of the finding, reason or decision in the
Gazette or in such other manner as the Board thinks fit.
154. Furnishing information
(1) A regulatory authority of this State must furnish without delay
any information about a medical practitioner reasonably
25
required by a regulatory authority of another State or a Territory
in connection with --
(a) a disciplinary matter, competency matter or impairment
matter relating to a practitioner who is not an interstate
practitioner; or
30
(b) actual or possible disciplinary action against a
practitioner who is an interstate practitioner.
page 122
Medical Practitioners Bill 2006
Part 9
Miscellaneous
s. 155
(2) A regulatory authority of this State may provide the information
despite any law of this State relating to secrecy or
confidentiality.
(3) Nothing in this section affects any obligation or power to
provide information apart from this section.
5
155. Legal proceedings
(1) Any proceedings for an offence against this Act may be taken in
the name of the Board by the registrar or any other person
authorised in that behalf by the Board.
(2) All proceedings for offences against this Act are to be heard by
10
a court of summary jurisdiction constituted by a magistrate.
(3) In any proceedings no proof is required of --
(a) the appointment of a member or deputy of a member of
the Board or a member of a committee; or
(b) the authorisation of a person under subsection (1),
15
but an averment in a prosecution notice that the person is so
appointed or authorised is to be taken to be proved in the
absence of evidence to the contrary.
(4) In all courts and before all persons and bodies authorised to
receive evidence, in the absence of evidence to the contrary --
20
(a) a certificate purporting to be issued on behalf of the
Board and stating that a person was or was not
registered by the Board, the conditions to which a
registration was subject, or that a person was suspended
from the practice of medicine, on any day or days or
25
during a period mentioned in the certificate, is evidence
of the matters so stated; and
(b) a copy of or extract from a register or any statement that
purports to reproduce matters entered in the register that
is certified by the registrar as a true copy, extract or
30
statement, is evidence of the facts appearing in that
copy, extract or statement; and
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Medical Practitioners Bill 2006
Part 9 Miscellaneous
s. 156
(c) judicial notice is to be taken of the fact that a person is
the holder of the office of registrar and of the signature
of the registrar on a certificate purporting to be issued
under paragraph (b).
(5) A notice or appointment purporting to be signed by the
5
chairperson or a person referred to in section 79(6)(b) is to be
presumed to be duly signed until the contrary is shown.
156. Liability of certain officers of body corporate: offences
(1) If a body corporate is charged with an offence under this Act,
every person who was an officer of the body corporate at the
10
time of the alleged offence may also be charged with the
offence.
(2) If a body corporate and an officer are charged as permitted by
subsection (1) and the body corporate is convicted of the
offence, the officer is to be taken to have also committed the
15
offence, subject to subsection (5).
(3) If a body corporate commits an offence under this Act, then,
although the body corporate is not charged with the offence,
every person who was an officer of the body corporate at the
time the offence was committed may be charged with the
20
offence.
(4) If an officer is charged as permitted by subsection (3) and it is
proved that the body corporate committed the offence, the
officer is to be taken to have also committed the offence, subject
to subsection (5).
25
(5) If under this section an officer is charged with an offence it is a
defence to prove --
(a) that the offence was committed without the officer's
consent or connivance; and
(b) that the officer took all the measures to prevent the
30
commission of the offence that he or she could
page 124
Medical Practitioners Bill 2006
Part 9
Miscellaneous
s. 157
reasonably be expected to have taken having regard to
the officer's functions and to all the circumstances.
157. Confidentiality of certain reports
(1) In this section and section 158 --
"court" includes any tribunal, authority or person having power
5
to require the production of documents or the answering of
questions, but does not include the State Administrative
Tribunal, a committee, the Board, or the Supreme Court in
respect of appeal proceedings under the State
Administrative Tribunal Act 2004 arising from proceedings
10
under this Act;
"report" includes a copy, reproduction and duplicate of the
report or any part of a copy, reproduction or duplicate.
(2) A report by the impairment review committee under
section 102, or by the professional standards committee under
15
section 108, to the Board may not be admitted or used in any
civil proceedings before a court.
(3) A person may not be compelled to produce a report referred to
in subsection (2) or to give evidence in relation to the report or
its contents in any civil proceedings before a court.
20
158. Assessment and medical report
(1) In this section --
"assessment report" means a report on an assessment given to
the Board under section 105(7);
"medical report" means a report given to the Board under
25
section 101(5).
(2) An assessment report and a medical report may not be admitted
or used in any civil proceedings before a court except with the
consent of --
(a) the person who gave the report to the Board; and
30
(b) the person who is the subject of the report.
page 125
Medical Practitioners Bill 2006
Part 9 Miscellaneous
s. 159
(3) A person may not be compelled to produce an assessment report
or a medical report or to give evidence in relation to the report
or its contents in any civil proceedings before a court unless the
report is admitted or used under subsection (2).
159. Review of Act
5
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiry of 5 years from its commencement and every fifth
anniversary of that day, and in the course of that review the
Minister is to consider and have regard to --
10
(a) the effectiveness of the operations of the Board; and
(b) the need for the continuation of the functions of the
Board; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
15
(2) The Minister is to prepare a report based on the review made
under subsection (1) and, as soon as is practicable after the
preparation of the report, cause it to be laid before each House
of Parliament.
(3) If the prohibition in section 124 on persons other than medical
20
practitioners practising medicine has not been replaced by
regulation of the practice of medicine based on defined core
practices within 3 years of the commencement of this Act, the
Minister is to carry out a review of that section.
(4) The Minister is to prepare a report based on the review made
25
under subsection (3) within 3 years and 9 months of the
commencement of this Act and, as soon as is practicable after
the preparation of the report, cause it to be laid before each
House of Parliament.
160. Repeals
30
(1) The Medical Act 1894 is repealed.
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Medical Practitioners Bill 2006
Part 9
Miscellaneous
s. 161
(2) The Medical Rules 1987 are repealed.
161. Savings and transitional provisions
Schedule 2 sets out savings and transitional provisions.
162. Consequential amendments
Schedule 3 sets out consequential amendments.
5
page 127
Medical Practitioners Bill 2006
Schedule 1 Constitution and proceedings of the Board
Division 1 General provisions
cl. 1
Schedule 1 -- Constitution and proceedings of the Board
[s. 9]
Division 1 -- General provisions
1. Term of office
(1) Subject to clause 4, a member of the Board appointed by the Minister
5
under section 7(2)(a), (b), (c), (e) or (f) --
(a) holds office for such term, not exceeding 3 years, as is
specified in the member's instrument of appointment; and
(b) is not to hold office for more than 9 years consecutively.
(2) A person who has been a member of the Board for 9 years
10
consecutively may be appointed for a further term not exceeding
3 years if 3 years have elapsed since the person ceased to be a
member of the Board.
2. Functions of deputy presiding member
(1) The deputy presiding member is to perform the functions of the
15
presiding member when the presiding member is unable to do so by
reason of illness, absence or other cause, or when the office of
presiding member is vacant.
(2) No act or omission of the deputy presiding member acting as
presiding member is to be questioned on the ground that the occasion
20
for his or her so acting had not arisen or had ceased.
3. Deputy members
(1) The Minister may --
(a) appoint a person eligible to be appointed under
section 7(2)(b), (c) or (d) to be a deputy of any person
25
appointed to be a member under those respective paragraphs;
and
(b) appoint such number of persons eligible to be appointed
under section 7(2)(a), (e) or (f) as the Minister considers
necessary to form a pool of deputies of the members referred
30
to in those respective paragraphs.
page 128
Medical Practitioners Bill 2006
Schedule 1
Constitution and proceedings of the Board
Division 1
General provisions
cl. 4
(2) The Minister may terminate an appointment made under subclause (1)
at any time.
(3) The provisions of section 7 that apply to and in relation to the
appointment of a member apply, with any necessary modification, to
and in relation to the appointment of the deputy or deputies of that
5
member.
(4) A deputy of a member referred to in subclause (1)(a) may perform the
functions of the member when the member is unable to do so by
reason of illness, absence or other cause.
(5) If a member of the Board referred to in section 7(2)(a), (e) or (f) is
10
unable to perform the functions of the member by reason of illness,
absence or other cause ("absent member"), the presiding member
may request a deputy member from the relevant pool to be the deputy
of the absent member and that deputy may perform the functions of
the absent member until the occasion for so acting has ceased.
15
(6) Despite anything in this Act, a deputy of a member may continue to
act as a member, after the occasion for so acting has ceased, for the
purpose of completing any function.
(7) A deputy of a member, while acting as a member, has all the
functions of and all the protection given to a member.
20
(8) No act or omission of a person acting in place of another under this
clause is to be questioned on the ground that the occasion for so
acting had not arisen or had ceased.
4. Vacation of office by member
(1) A member of the Board may resign from office by notice in writing
25
given to the Minister.
(2) A member who resigns under subclause (1) is to give a copy of the
notice of resignation to the registrar.
(3) A member of the Board may be removed from office by the
Minister --
30
(a) for mental or physical disability, incompetence, neglect of
duty or misconduct that impairs the performance of the
member's duties; or
page 129
Medical Practitioners Bill 2006
Schedule 1 Constitution and proceedings of the Board
Division 1 General provisions
cl. 5
(b) if the member is convicted of an offence that in the opinion of
the Minister renders the person unfit to be a member of the
Board; or
(c) if the member is an insolvent under administration, as defined
in the Corporations Act section 9; or
5
(d) if the member is absent without leave of the Board from
3 consecutive meetings of the Board of which the member
has had notice; or
(e) for any other act or omission that in the opinion of the
Minister may cause prejudice or injury to the Board.
10
(4) A member of the Board is to be removed from office by the Minister
if the member ceases to hold a position or qualification by virtue of
which the member was appointed or if, in the case of a member who
is a medical practitioner, the registration of the member under this Act
is suspended.
15
5. General procedure concerning meetings
(1) At a meeting of the Board --
(a) the presiding member, or in his or her absence the deputy
presiding member, is to preside; or
(b) in the absence of both of those members, a member elected
20
by the members present is to preside.
(2) A quorum for a meeting of the Board is 5 members, at least 3 of
whom are medical practitioners.
(3) The procedure for convening meetings of the Board and the conduct
of business at those meetings is, subject to this Act, to be as
25
determined by the Board.
(4) The first meeting of the Board is to be convened and presided over by
a member of the Board nominated in writing by the Minister.
(5) A presiding member and deputy presiding member are to be elected
by the Board at the first meeting of the Board.
30
6. Voting
(1) A decision of the majority of members at a meeting of the Board at
which a quorum is present is the decision of the Board.
page 130
Medical Practitioners Bill 2006
Schedule 1
Constitution and proceedings of the Board
Division 2
Disclosure of interests etc.
cl. 7
(2) If the votes of members present at a meeting and voting are equally
divided the member presiding at the meeting is to have a casting vote
in addition to a deliberative vote.
7. Holding meetings remotely
The presence of a person at a meeting of the Board need not be by
5
attendance in person but may be by that person and each other person
at the meeting being simultaneously in contact by telephone, or other
means of instantaneous communication.
8. Resolution without meeting
A resolution in writing signed by each member of the Board or
10
assented to by each member by letter, facsimile transmission,
electronic mail or other written means has effect as if it had been
passed at a meeting of the Board.
9. Minutes
The Board is to ensure that an accurate record is kept and preserved of
15
the proceedings at each meeting of the Board and of each resolution
passed by the Board.
Division 2 -- Disclosure of interests etc.
10. Meaning of "member"
In this Division --
20
"member" means a member of the Board or a member of a
committee, as the case may be.
11. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the Board or a committee
25
must, as soon as possible after the relevant facts have come to the
member's knowledge, disclose the nature of the interest at a meeting
of the Board or the committee.
Penalty: a fine of $5 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
30
the meeting.
page 131
Medical Practitioners Bill 2006
Schedule 1 Constitution and proceedings of the Board
Division 2 Disclosure of interests etc.
cl. 12
12. Exclusion of interested member
(1) A member who has a material personal interest in a matter that is
being considered by the Board or a committee --
(a) is not to vote, whether at a meeting or otherwise, on the
matter; and
5
(b) is not to be present while the matter is being considered at a
meeting.
(2) In subclause (1)(a) or (b) a reference to a matter also refers to a
proposed resolution under clause 13 in respect of the matter, whether
relating to that member or a different member.
10
13. Board or committee may resolve that clause 12 inapplicable
Clause 12 does not apply if the Board or a committee has at any time
passed a resolution that --
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied
15
that the interest should not disqualify the member from
considering or voting on the matter.
14. Quorum where clause 12 applies
(1) Despite clause 5(2), when the Board is dealing with a matter in
relation to which a member of the Board is disqualified under
20
clause 12, 3 members who are entitled to vote on any motion that may
be moved in relation to the matter constitute a quorum.
(2) The Minister may deal with a matter to the extent that the Board
cannot deal with it because of subclause (1).
15. Minister may declare clauses 12 and 14 inapplicable
25
(1) The Minister may by writing declare that clause 12 or 14 does not
apply in relation to a specified matter, either generally or for the
purpose of dealing with particular proposed resolutions.
(2) The Minister must, within 14 sitting days after a declaration under
subclause (1) is made, cause a copy of the declaration to be laid
30
before each House of Parliament.
page 132
Medical Practitioners Bill 2006
Schedule 2
Savings and transitional provisions
cl. 1
Schedule 2 -- Savings and transitional provisions
[s. 161]
1. Terms used in this Schedule
In this Schedule --
"commencement day" means the day on which this Act comes into
5
operation;
"liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
owed alone or jointly or jointly and severally with any other
person;
10
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
"the former Board" means the Medical Board established under the
repealed Act;
"the new Board" means the Medical Board of Western Australia
15
established under this Act;
"the repealed Act" means the Medical Act 1894.
2. Interpretation Act 1984 not affected
The provisions of this Schedule do not prejudice or affect the
application of the Interpretation Act 1984 to and in relation to the
20
repeal effected by section 160.
3. The Medical Board continues
(1) The new Board is a continuation of, and the same legal entity as, the
former Board and the rights and liabilities of the entity are not
affected.
25
(2) If in a written law or other document or instrument there is a reference
to the former Board established under the repealed Act, that reference
may, where the context so requires, be read as if it had been amended
to be a reference to the new Board.
page 133
Medical Practitioners Bill 2006
Schedule 2 Savings and transitional provisions
cl. 4
4. Board members
(1) A member of the former Board ceases to be a member on the
commencement day.
(2) Six of the members of the new Board as first constituted under this
Act are to hold office for such term, not exceeding 18 months, as is
5
specified in the member's instrument of appointment.
5. The registrar and other staff
(1) The registrar of the former Board who held office immediately before
the commencement day continues in office, under and subject to this
Act, as the registrar of the new Board.
10
(2) The other officers of the former Board who held office immediately
before the commencement day continue in office, under and subject to
this Act, as officers of the new Board.
(3) A person mentioned in subclause (1) or (2) is to be regarded as having
been engaged or employed, as is relevant, under this Act.
15
(4) Except as otherwise agreed by a person mentioned in subclause (1)
or (2), the remuneration, existing or accrued rights, rights under a
superannuation scheme or continuity of service of the person are not
affected, prejudiced or interrupted by the operation of subclause (1)
or (2) or the repeal of the Medical Act 1894.
20
(5) The rights under a superannuation scheme of a person who was a
registrar or officer of the former Board are not affected, prejudiced or
interrupted by the repeal of the Medical Act 1894.
6. Natural persons registered under the repealed Act
(1) A natural person who immediately before the commencement day
25
was registered under section 11 of the repealed Act is, on the
commencement day, to be taken to be registered under section 30 for
a period ending on 30 September immediately following the
commencement day, and subject to the same conditions as applied to
that person's registration under the repealed Act.
30
(2) A natural person who immediately before the commencement day
was registered under section 11AB(1) of the repealed Act is, on the
commencement day, to be taken to be registered in accordance with
page 134
Medical Practitioners Bill 2006
Schedule 2
Savings and transitional provisions
cl. 6
section 65 during such time as he or she fulfils the requirements of
section 65(2).
(3) A natural person who immediately before the commencement day
was registered under section 11AB(2) of the repealed Act is, on the
commencement day, to be taken to be registered in accordance with
5
section 66 during such time as he or she fulfils the requirements of
section 66(3).
(4) A natural person who immediately before the commencement day
was registered under section 11AC of the repealed Act is, on the
commencement day, to be taken to be registered under section 31 for
10
the period that, and subject to the same conditions as, applied to that
person's registration under the repealed Act.
(5) A natural person who immediately before the commencement day
was registered under section 11AD of the repealed Act is, on the
commencement day, to be taken to be registered under section 31 for
15
the period that, and subject to the same conditions as, applied to that
person's registration under the repealed Act.
(6) A natural person who immediately before the commencement day
was registered under section 11AF (other than section 11AF(1)E) of
the repealed Act is, on the commencement day, to be taken to be
20
registered under section 34 for the same type of registration referred
to in section 34(2)(b) as he or she was registered under section 11AF
of the repealed Act for the period that, and subject to the same
conditions as, applied to that person's registration under the
repealed Act.
25
(7) A natural person who immediately before the commencement day
was registered under section 11AF(1)E of the repealed Act is, on the
commencement day, to be taken to be registered under section 38(1)
and (3) for the period that, and subject to the same conditions as,
applied to that person's registration under the repealed Act.
30
(8) If immediately before the commencement day a determination of an
unmet area of need by the Minister under section 11AF(2) of the
repealed Act is in force, that unmet area of need is, on the
commencement day, to be taken to be an area of need determined by
the Minister for the purposes of the definition of "an unmet area of
35
need" in section 34(1).
page 135
Medical Practitioners Bill 2006
Schedule 2 Savings and transitional provisions
cl. 7
(9) A natural person who immediately before the commencement day
was registered under section 11AG of the repealed Act is, on the
commencement day, to be taken to be registered under section 33, for
the period that, and subject to the same conditions as, applied to that
person's registration under the repealed Act.
5
(10) If immediately before the commencement day a determination of part
of this State to be remote and rural WA by the Minister for the
purposes of the definition of "remote and rural WA" in
section 11AG(7) of the repealed Act is in force, that part of the State
is, on the commencement day, to be taken to be the part of the State
10
determined by the Minister to be remote and rural WA for the
purposes of the definition of "remote and rural WA" in section 33(1).
(11) If a person is taken to be registered under this Act under
subclause (4), (5), (6), (7) or (9) for the period that applied to that
person's registration under the repealed Act, during the period that the
15
person is so taken to be registered --
(a) the person must pay to the Board the fee prescribed under
section 46(2) for the renewal of registration on or before the
day it falls due under the rules; and
(b) section 46(2), (3), (4), (5), (6) and (7) apply to the person as if
20
a reference in those subsections to a medical practitioner were
a reference to the person.
7. Provisional registration
A natural person who immediately before the commencement day had
a provisional certificate of registration or a provisional certificate of
25
conditional registration granted under section 12B(1) of the repealed
Act that had not been cancelled is, on the commencement day, to be
taken to be registered under and subject to section 32 until the date
stated in the certificate or fixed by the Board.
8. Certificates of registration issued under the repealed Act
30
A certificate of registration (other than a certificate referred to in
clause 7) in force under the repealed Act immediately before the
commencement day is, subject to this Act, to be taken to be a
certificate of registration for the purposes of this Act.
page 136
Medical Practitioners Bill 2006
Schedule 2
Savings and transitional provisions
cl. 9
9. Suspensions
If immediately before the commencement day a natural person was
suspended under the repealed Act, section 122 applies to the
suspension as if the person had been suspended under
section 116(1)(j).
5
10. Undertakings under the repealed Act
(1) If a person has given an undertaking under a provision of the repealed
Act that undertaking is not affected by the repeal of that Act.
(2) If the Board is satisfied that the person has breached the undertaking
before, on or after the commencement day, the Board may deal with
10
the person as if the person had failed to comply with an undertaking
given under a provision of this Act.
11. Matter referred to the professional standards committee under
section 13 of the repealed Act
(1) If immediately before the commencement day, the professional
15
standards committee is dealing with a matter referred to it under the
repealed Act section 13(2a) but has not dealt with the matter under the
repealed Act section 13(5), on or after the commencement day the
committee is to continue for the purpose of dealing with the matter as
if the repealed Act section 13(5), (6) and (6a) had not been repealed.
20
(2) A fine that the committee imposes under subclause (1) is recoverable
in a court of competent jurisdiction as a debt due to the Board.
12. Investigations
If immediately before the commencement day an investigator was
investigating a complaint under the repealed Act section 12C, the
25
investigator is to continue investigating the matter as if he or she had
been appointed under section 90 and the appointing body were the
new Board.
13. Failure to comply with an order made under the repealed Act
If immediately before the commencement day an order made by the
30
Board was in effect in relation to a person under the repealed Act, that
order is not affected by the repeal of that Act and failure to comply
page 137
Medical Practitioners Bill 2006
Schedule 2 Savings and transitional provisions
cl. 14
with it before, on or after the commencement day may be dealt with
under section 132 as if the order were an order made under section 87.
14. Medical call services
An approval of a medical call service under the repealed Act in force
immediately before the commencement day ceases to have effect on
5
the commencement day.
15. Annual report for part of a year
(1) The former Board is to make and submit an annual report as required
by the repealed Act section 21G, but limited to the period from 1 July
preceding the commencement day to the commencement day, and that
10
section applies as if that period were a year.
(2) Despite the repeal of the repealed Act and this Schedule, the former
Board remains in existence for the purpose of subclause (1) and is
entitled to receive from the new Board and its staff such assistance as
it may require for the purpose.
15
16. Powers in relation to transitional provision
(1) If there is no sufficient provision in this Schedule for dealing with a
transitional matter the Governor may make regulations prescribing all
matters that are required, necessary or convenient to be prescribed in
relation to that matter.
20
(2) Regulations made under subclause (1) may provide that specific
provisions of this Act --
(a) do not apply; or
(b) apply with specific modifications,
to or in relation to any matter.
25
(3) Regulations made under subclause (1) must be made within
12 months after the commencement day.
(4) If regulations made under subclause (1) provide that a specified state
of affairs is to be taken to have existed, or not to have existed, on and
from a day that is earlier than the day on which the regulations are
30
published in the Gazette but not earlier than the commencement day,
the regulations have effect according to their terms.
page 138
Medical Practitioners Bill 2006
Schedule 2
Savings and transitional provisions
cl. 16
(5) In subclause (4) --
"specified" means specified or described in the regulations.
(6) If regulations contain a provision referred to in subclause (4), the
provision does not operate so as --
(a) to affect in a manner prejudicial to any person (other than the
5
State), the right of that person existing before the day of
publication of those regulations; or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the day of publication of those regulations.
10
page 139
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 1
Schedule 3 -- Consequential amendments
[s. 162]
1. Adoption Act 1994 amended
(1) The amendments in this clause are to the Adoption Act 1994*.
[* Reprint 3 as at 12 May 2006.]
5
(2) Section 4(1) is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894" and inserting instead --
Medical Practitioners Act 2006 ".
"
2. Alcohol and Drug Authority Act 1974 amended
(1) The amendments in this clause are to the Alcohol and Drug Authority
10
Act 1974*.
[* Reprinted as at 1 April 1999.]
(2) Section 4 is amended by deleting the definition of "medical
practitioner" and inserting instead --
"
15
"medical practitioner" has the meaning given to that
term in the Medical Practitioners Act 2006
section 4;
".
3. Anatomy Act 1930 amended
20
(1) The amendments in this clause are to the Anatomy Act 1930*.
[* Reprinted as at 22 February 2002.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1.]
(2) Section 2 is amended by deleting the definition of "medical
25
practitioner" and inserting instead --
"
"medical practitioner" has the meaning given to that
term in the Medical Practitioners Act 2006
section 4;
30
".
page 140
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 4
4. Bail Act 1982 amended
(1) The amendments in this clause are to the Bail Act 1982*.
[* Reprint 5 as at 1April 2005.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Acts Nos. 27 and 34 of
5
2004 and 38 of 2005.]
(2) Schedule 1 Part D clause 2(7) is amended by deleting the definition of
"medical practitioner" and inserting instead --
"
"medical practitioner" has the meaning given to that term
10
in the Medical Practitioners Act 2006 section 4;
".
5. Births, Deaths and Marriages Registration Act 1998 amended
(1) The amendments in this clause are to the Births, Deaths and
Marriages Registration Act 1998*.
15
[* Reprint 1 as at 11 June 2004.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1.]
(2) Section 4 is amended by deleting the definition of "doctor" and
inserting instead --
20
"
"doctor" has the meaning given to "medical
practitioner" in the Medical Practitioners Act 2006
section 4;
".
25
6. Blood Donation (Limitation of Liability) Act 1985 amended
(1) The amendments in this clause are to the Blood Donation (Limitation
of Liability) Act 1985*.
[* Reprint 1 as at 1 August 2003.
For subsequent amendments see Western Australian Legislation
30
Information Tables for 2005, Table 1.]
page 141
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 7
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "by section 3 of the Medical Act 1894;" and inserting
instead --
"
to that term in the Medical Practitioners Act 2006
5
section 4;
".
7. Chiropractors Act 1964 amended
(1) The amendments in this clause are to the Chiropractors Act 1964*.
[* Reprinted as at 7 December 2001.
10
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1.]
(2) Section 6 is amended by deleting "within the meaning of the Medical
Act 1894" and inserting instead --
"
15
as defined in the Medical Practitioners Act 2006
section 4
".
8. Chiropractors Act 2005 amended
(1) The amendments in this clause are to the Chiropractors Act 2005*.
20
[* Act No. 31 of 2005.]
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
9. Civil Liability Act 2002 amended
25
(1) The amendments in this clause are to the Civil Liability Act 2002*.
[* Reprint 1 as at 10 February 2006.]
page 142
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 10
(2) Section 5PA is amended in paragraph (d) of the definition of "health
professional" by deleting "Medical Act 1894 section 3(1);" and
inserting instead --
Medical Practitioners Act 2006 section 4; ".
"
(3) Section 5AB is amended in paragraph (a) of the definition of "medical
5
qualifications" by deleting "Medical Act 1894;" and inserting
instead --
Medical Practitioners Act 2006; ".
"
10. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this clause are to the Constitution Acts
10
Amendment Act 1899*.
[* Reprint 14 as at 21 April 2006.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Act No. 5 of 2006.]
(2) Schedule V Part 3 is amended by deleting the item commencing
15
"The Medical Board" and inserting instead --
"
The Medical Board of Western Australia established under
the Medical Practitioners Act 2006.
".
20
11. Coroners Act 1996 amended
(1) The amendments in this clause are to the Coroners Act 1996*.
[* Reprint 2 as at 10 June 2005.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Act No. 34 of 2004.]
25
(2) Section 3 is amended by deleting the definition of "doctor" and
inserting instead --
"
"doctor" has the meaning given to "medical
practitioner" in the Medical Practitioners Act 2006
30
section 4;
".
page 143
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 12
12. Corruption and Crime Commission Act 2003 amended
(1) The amendments in this clause are to the Corruption and Crime
Commission Act 2003*.
[* Reprint 2 as at 7 July 2006.]
(2) Section 54(1) is amended in the definition of "medical practitioner"
5
by deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
13. Court Security and Custodial Services Act 1999 amended
(1) The amendments in this clause are to the Court Security and
Custodial Services Act 1999*.
10
[* Reprint 2 as at 9 September 2005.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1.]
(2) Section 3 is amended in the definition of "doctor" by deleting
"Medical Act 1894" and inserting instead --
15
Medical Practitioners Act 2006 ".
"
14. Cremation Act 1929 amended
(1) The amendments in this clause are to the Cremation Act 1929*.
[* Reprinted as at 16 February 2001.
For subsequent amendments see Western Australian Legislation
20
Information Tables for 2005, Table 1.]
(2) Section 2 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894." and inserting instead --
Medical Practitioners Act 2006. ".
"
page 144
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 15
15. Criminal Injuries Compensation Act 2003 amended
(1) The amendments in this clause are to the Criminal Injuries
Compensation Act 2003*.
[* Act No. 77 of 2003.
For subsequent amendments see Western Australian Legislation
5
Information Tables for 2005, Table 1.]
(2) Section 3 is amended in paragraph (b) of the definition of "health
professional" by deleting "Medical Act 1894; or" and inserting
instead --
Medical Practitioners Act 2006; or ".
"
10
16. Criminal Investigation (Identifying People) Act 2002 amended
(1) The amendments in this clause are to the Criminal Investigation
(Identifying People) Act 2002*.
[* Act No. 6 of 2002.
For subsequent amendments see Western Australian Legislation
15
Information Tables for 2005, Table 1, and Act No. 27 of 2004.]
(2) Section 52 is amended in the definition of "doctor" by deleting
"Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
17. Criminal Investigation Act 2006 amended
20
(1) The amendments in this clause are to the Criminal Investigation
Act 2006*.
[* Act No. 58 of 2006.]
(2) Section 73 is amended in the definition of "doctor" by deleting
"Medical Act 1894;" and inserting instead --
25
Medical Practitioners Act 2006 section 4; ".
"
page 145
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 18
18. Criminal Property Confiscation Act 2000 amended
(1) The amendments in this clause are to the Criminal Property
Confiscation Act 2000*.
[* Reprint 1 as at 9 December 2005.]
(2) The Glossary is amended by deleting the definition of "medical
5
practitioner" and inserting instead --
"
"medical practitioner" has the meaning given to that term
in the Medical Practitioners Act 2006 section 4;
".
10
19. Dental Act 1939 amended
(1) The amendments in this clause are to the Dental Act 1939*.
[* Reprint 6 as at 11 November 2005.
For subsequent amendments see Act No. 28 of 2006.]
(2) Section 4 is amended in the definition of "medical practitioner" by
15
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
20. Diamond (Argyle Diamond Mines Joint Venture) Agreement
Act 1981 amended
(1) The amendments in this clause are to the Diamond (Argyle Diamond
20
Mines Joint Venture) Agreement Act 1981*.
[* Reprinted as at 10 May 2002.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1.]
(2) Section 14 is amended in the definition of "medical practitioner" by
25
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
page 146
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 21
21. Firearms Act 1973 amended
(1) The amendments in this clause are to the Firearms Act 1973*.
[* Reprint 4 as at 1 July 2005.]
(2) Section 4 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
5
Medical Practitioners Act 2006; ".
"
22. Gender Reassignment Act 2000 amended
(1) The amendments in this clause are to the Gender Reassignment
Act 2000*.
[* Reprint 1 as at 10 February 2006.]
10
(2) Section 3 is amended by deleting the definition of "medical
practitioner" and inserting instead --
"
"medical practitioner" has the meaning given to that
term in the Medical Practitioners Act 2006
15
section 4;
".
23. Guardianship and Administration Act 1990 amended
(1) The amendments in this clause are to the Guardianship and
Administration Act 1990*.
20
[* Reprint 3 as at 1 April 2005.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Act No. 34 of 2004.]
(2) Section 119(4) is amended in the definition of "practitioner" by
deleting "within the meaning of the Medical Act 1894" and inserting
25
instead --
"
within the meaning given to that term in the
Medical Practitioners Act 2006 section 4
".
30
page 147
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 24
24. Health Act 1911 amended
(1) The amendments in this clause are to the Health Act 1911*.
[* Reprint 13 as at 15 July 2005.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Acts Nos. 34 of 2004
5
and 5, 23 and 28 of 2006.]
(2) Section 3(1) is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
(3) Section 246D(1)(n) is amended by deleting "within the meaning of
10
section 3 of the Medical Act 1894" and inserting instead --
"
within the meaning given to that term in the
Medical Practitioners Act 2006 section 4
".
15
25. Health Legislation Administration Act 1984 amended
(1) The amendments in this clause are to the Health Legislation
Administration Act 1984*.
[* Reprinted as at 11 January 2002.
For subsequent amendments see Western Australian Legislation
20
Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2) Section 6(4)(a) is amended by deleting "Medical Act 1894;" and
inserting instead --
Medical Practitioners Act 2006; ".
"
26. Health Professionals (Special Events Exemption) Act 2000
25
amended
(1) The amendments in this clause are to the Health Professionals
(Special Events Exemption) Act 2000*.
[* Act No. 7 of 2000.
For subsequent amendments see Western Australian Legislation
30
Information Tables for 2005, Table 1, and Act No. 11 of 2006.]
page 148
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 27
(2) Section 3(1) is amended in the definition of "Health Registration Act"
by deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
27. Health Services (Conciliation and Review) Act 1995 amended
(1) The amendments in this clause are to the Health Services
5
(Conciliation and Review) Act 1995*.
[* Reprint 2 as at 18 March 2005.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2) Schedule 1 item 3 is deleted and the following item is inserted
10
instead --
"
3. Medical Board of Western Australia under the Medical
Practitioners Act 2006.
".
15
28. Hospitals and Health Services Act 1927 amended
(1) The amendments in this clause are to the Hospitals and Health
Services Act 1927*.
[* Reprint 5 as at 26 August 2005.
For subsequent amendments see Western Australian Legislation
20
Information Tables for 2005, Table 1, and Acts Nos. 28 and 45 of
2006.]
(2) Section 2(1) is amended in the definition of "practitioner" by deleting
"Medical Act 1894" and inserting instead --
Medical Practitioners Act 2006 section 4 ".
"
25
29. Human Reproductive Technology Act 1991 amended
(1) The amendments in this clause are to the Human Reproductive
Technology Act 1991*.
[* Reprint 2 as at 11 November 2005.
For subsequent amendments see Western Australian Legislation
30
Information Tables for 2005, Table 1, and Acts Nos. 34 of 2004
and 28 of 2006.]
page 149
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 30
(2) Section 3(1) is amended by deleting the definition of "medical
practitioner" and inserting instead --
"
"medical practitioner" has the meaning given to that
term in the Medical Practitioners Act 2006;
5
".
30. Human Tissue and Transplant Act 1982 amended
(1) The amendments in this clause are to the Human Tissue and
Transplant Act 1982*.
[* Reprint 2 as at 7 July 2006.
10
For subsequent amendments see Act No. 14 of 2006.]
(2) Section 3(1) is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
31. Industrial Relations Act 1979 amended
15
(1) The amendments in this clause are to the Industrial Relations
Act 1979*.
[* Reprint 10 as at 8 July 2005.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Acts Nos. 34 of 2004
20
and 36 of 2006.]
(2) Section 72B(1) is amended in the definition of "medical practitioner"
by deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006 section 4; ".
"
(3) Section 97WR is amended in the definition of "medical practitioner"
25
by deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
page 150
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 32
32. Juries Act 1957 amended
(1) The amendments in this clause are to the Juries Act 1957*.
[* Reprint 4 as at 2 September 2005.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Acts Nos. 34 of 2004
5
and 28 of 2006.]
(2) The Second Schedule Part II item 2 is amended by deleting "Medical
Act 1894" and inserting instead --
" Medical Practitioners Act 2006 ".
33. Magistrates Court Act 2004 amended
10
(1) The amendments in this clause are to the Magistrates Court
Act 2004*.
[* Act No. 47 of 2004.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1.]
15
(2) Schedule 1 clause 13(3) is amended by deleting "(within the meaning
of the Medical Act 1894)" and inserting instead --
" (as defined in the Medical Practitioners Act 2006 section 4) ".
34. Medical Radiation Technologists Act 2006 amended
(1) The amendments in this clause are to the Medical Radiation
20
Technologists Act 2006*.
[* Act No. 21 of 2006.]
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
25
page 151
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 35
35. Mental Health Act 1996 amended
(1) The amendments in this clause are to the Mental Health Act 1996*.
[* Reprint 1 as at 6 August 2004.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
5
(2) Section 3 is amended by deleting the definition of "medical
practitioner" and inserting instead --
"
"medical practitioner" has the meaning given to that
term in the Medical Practitioners Act 2006
10
section 4;
".
(3) Section 17(1) is amended by deleting "The Medical Board appointed
under the Medical Act 1894" and inserting instead --
"
15
The Medical Board of Western Australia established under
the Medical Practitioners Act 2006
".
36. Miner's Phthisis Act 1922 amended
(1) The amendments in this clause are to the Miner's Phthisis Act 1922*.
20
[* Reprint 1 as at 14 March 2003.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1.]
(2) Section 8(2) is amended by deleting "Medical Act 1894" and inserting
instead --
25
Medical Practitioners Act 2006 ".
"
(3) Section 8(3) is amended by deleting "Medical Act 1894" and inserting
instead --
Medical Practitioners Act 2006 ".
"
page 152
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 37
37. Minimum Conditions of Employment Act 1993 amended
(1) The amendments in this clause are to the Minimum Conditions of
Employment Act 1993*.
[* Reprint 3 as at 5 May 2006.
For subsequent amendments see Western Australian Legislation
5
Information Tables for 2005, Table 1, and Act No. 36 of 2006.]
(2) Section 3(1) is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894" and inserting instead --
Medical Practitioners Act 2006 ".
"
38. Misuse of Drugs Act 1981 amended
10
(1) The amendments in this clause are to the Misuse of Drugs Act 1981*.
[* Reprint 3 as at 1 July 2005.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2) Section 3(1) is amended in the definition of "medical practitioner" by
15
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
39. Nurses Act 1992 amended
(1) The amendments in this clause are to the Nurses Act 1992*.
[* Reprint 3 as at 6 October 2006.]
20
(2) Section 4 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
40. Nurses and Midwives Act 2006 amended
(1) The amendments in this clause are to the Nurses and Midwives
25
Act 2006*.
[* Act No. 50 of 2006.]
page 153
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 41
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
41. Oaths, Affidavits and Statutory Declarations Act 2005 amended
(1) The amendments in this clause are to the Oaths, Affidavits and
5
Statutory Declarations Act 2005*.
[* Act No. 23 of 2005.
For subsequent amendments see Gazette 9 Jun 2006.]
(2) Schedule 2 item 15 is amended by deleting "within the meaning of the
Medical Act 1894." and inserting instead --
10
" as defined in the Medical Practitioners Act 2006 section 4. ".
42. Occupational Therapists Act 2005 amended
(1) The amendments in this clause are to the Occupational Therapists
Act 2005*.
[* Act No. 42 of 2005.]
15
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
43. Optometrists Act 1940 amended
(1) The amendments in this clause are to the Optometrists Act 1940*.
20
[* Reprint 3 as at 7 March 2003.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Act No. 11 of 2006.]
(2) Section 3 is amended in the definition of "Medical Practitioner" by
deleting "Medical Act 1894." and inserting instead --
25
Medical Practitioners Act 2006. ".
"
page 154
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 44
44. Optometrists Act 2005 amended
(1) The amendments in this clause are to the Optometrists Act 2005*.
[* Act No. 29 of 2005.]
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
5
Medical Practitioners Act 2006; ".
"
45. Osteopaths Act 1997 amended
(1) The amendments in this clause are to the Osteopaths Act 1997*.
[* Act No. 58 of 1997.
For subsequent amendments see Western Australian Legislation
10
Information Tables for 2005, Table 1.]
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
46. Osteopaths Act 2005 amended
15
(1) The amendments in this clause are to the Osteopaths Act 2005*.
[* Act No. 33 of 2005.]
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
20
47. Pharmacy Act 1964 amended
(1) The amendments in this clause are to the Pharmacy Act 1964*.
[* Reprint 4 as at 11 November 2005.]
(2) Section 5(1) is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894" and inserting instead --
25
Medical Practitioners Act 2006 ".
"
page 155
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 48
48. Physiotherapists Act 1950 amended
(1) The amendments in this clause are to the Physiotherapists Act 1950*.
[* Reprinted as at 12 October 2001.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1.]
5
(2) Section 2 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
49. Physiotherapists Act 2005 amended
(1) The amendments in this clause are to the Physiotherapists Act 2005*.
10
[* Act No. 32 of 2005.]
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
50. Podiatrists Act 2005 amended
15
(1) The amendments in this clause are to the Podiatrists Act 2005*.
[* Act No. 30 of 2005.]
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
20
51. Podiatrists Registration Act 1984 amended
(1) The amendments in this clause are to the Podiatrists Registration
Act 1984*.
[* Reprint 1 as at 11 April 2003.
For subsequent amendments see Western Australian Legislation
25
Information Tables for 2005, Table 1.]
page 156
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 52
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
52. Poisons Act 1964 amended
(1) The amendments in this clause are to the Poisons Act 1964*.
5
[* Reprint 7 as at 1 September 2006.]
(2) Section 5(1) is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894" and inserting instead --
Medical Practitioners Act 2006 ".
"
(3) Section 61(b)(i) is amended by deleting "constituted under the
10
Medical Act 1894;" and inserting instead --
"
of Western Australia established under the
Medical Practitioners Act 2006;
".
15
53. Prisons Act 1981 amended
(1) The amendments in this clause are to the Prisons Act 1981*.
[* Reprint 5 as at 21 July 2006.]
(2) Section 3(1) is amended in paragraph (a) of the definition of "medical
practitioner" by deleting "Medical Act 1894; and" and inserting
20
instead --
Medical Practitioners Act 2006; and ".
"
(3) Section 46 is amended by deleting "Medical Act 1894" and inserting
instead --
Medical Practitioners Act 2006 ".
"
25
page 157
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 54
54. Prostitution Act 2000 amended
(1) The amendments in this clause are to the Prostitution Act 2000*.
[* Reprint 1 as at 22 July 2005.
For subsequent amendments see Acts Nos. 34 of 2004 and 10 of
2006.]
5
(2) Section 29(7) is amended in the definition of "medical practitioner"
by deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
55. Psychologists Act 2005 amended
(1) The amendments in this clause are to the Psychologists Act 2005*.
10
[* Act No. 28 of 2005.]
(2) Section 3 is amended in the definition of "medical practitioner" by
deleting "Medical Act 1894;" and inserting instead --
Medical Practitioners Act 2006; ".
"
56. Queen Elizabeth II Medical Centre Act 1966 amended
15
(1) The amendments in this clause are to the Queen Elizabeth II Medical
Centre Act 1966*.
[* Reprinted as at 3 August 2001.
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1.]
20
(2) Section 16(4a) is amended by deleting "within the meaning of
section 3 of the Medical Act 1894." and inserting instead --
"
as defined in the Medical Practitioners Act 2006
section 4.
25
".
page 158
Medical Practitioners Bill 2006
Schedule 3
Consequential amendments
cl. 57
57. Road Traffic Act 1974 amended
(1) The amendments in this clause are to the Road Traffic Act 1974*.
[* Reprint 9 as at 10 March 2006.
For subsequent amendments see Gazette 26 May 2006.]
(2) Section 65 is amended by deleting the definition of "medical
5
practitioner" and inserting instead --
"
"medical practitioner" has the meaning given to that
term in the Medical Practitioners Act 2006
section 4;
10
".
58. Sentencing Act 1995 amended
(1) The amendments in this clause are to the Sentencing Act 1995*.
[* Reprint 4 as at 12 August 2005.
For subsequent amendments see Western Australian Legislation
15
Information Tables for 2005, Table 1, and Acts Nos. 27 and 84 of
2004, 25 of 2005 and 41 of 2006 .]
(2) Schedule 1 is amended by deleting the item relating to the "Medical
Act 1894" and inserting instead --
"
20
Medical Practitioners Act 2006 Medical Board of Western
Australia
".
59. State Administrative Tribunal Act 2004 amended
(1) The amendments in this clause are to the State Administrative
Tribunal Act 2004*.
[* Reprint 1 as at 7 April 2006.]
25
(2) Schedule 1 is amended by deleting "Medical Act 1894" and inserting
instead --
" Medical Practitioners Act 2006 ".
page 159
Medical Practitioners Bill 2006
Schedule 3 Consequential amendments
cl. 60
60. Workers' Compensation and Injury Management Act 1981
amended
(1) The amendments in this clause are to the Workers' Compensation and
Injury Management Act 1981*.
[* Reprint 7 as at 3 February 2006.]
5
(2) Section 5(1) is amended by deleting paragraph (a) of the definition of
"specialist" and "or" after it and inserting instead --
"
(a) who is resident in the State and who is
registered as a specialist under the Medical
10
Practitioners Act 2006 section 38; or
".
61. Young Offenders Act 1994 amended
(1) The amendments in this clause are to the Young Offenders Act 1994*.
[* Reprint 3 as at 15 July 2005.
15
For subsequent amendments see Western Australian Legislation
Information Tables for 2005, Table 1, and Acts Nos. 27 and 34 of
2004.]
(2) Section 179(1) is amended in the definition of "medical officer" by
deleting "Medical Act 1894;" and inserting instead --
20
Medical Practitioners Act 2006; ".
"
page 160
Medical Practitioners Bill 2006
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
absent member ............................................................................ Sch. 1, cl. 3(5)
an unmet area of need.................................................................................34(1)
approved .......................................................................................................... 4
assessment report .....................................................................................158(1)
assessor............................................................................................................ 4
associate of a medical practitioner.............................................................140(1)
authorised person .......................................................................................43(1)
Board............................................................................................................... 4
business ...................................................................................................138(1)
certificate of registration................................................................................... 4
commencement day..........................................................................Sch. 2, cl. 1
Commissioner ............................................................................................43(1)
committee ........................................................................................................ 4
competency matter ........................................................................................... 4
complainant...................................................................................................... 4
complaint ......................................................................................................... 4
complaints assessment committee..................................................................... 4
condition .......................................................................................................... 4
Corporations Act .............................................................................................. 4
corresponding law ............................................................................................ 4
court ........................................................................................................157(1)
criminal record check ....................................................................................... 4
criminal records agency..............................................................................43(1)
defence force medical officer............................................................................ 4
Director............................................................................................................ 4
disciplinary matter............................................................................................ 4
disqualified person .....................................................................................47(1)
document ......................................................................................................... 4
equivalent specialty ........................................................................................ 67
foreign practitioner...................................................................................128(1)
impairment....................................................................................................... 4
impairment matter ............................................................................................ 4
impairment review committee........................................................................... 4
information ................................................................................................15(1)
insolvent ....................................................................................................60(1)
interstate practitioner ........................................................................................ 4
investigator ...................................................................................................... 4
liability ............................................................................................Sch. 2, cl. 1
page 161
Medical Practitioners Bill 2006
Defined Terms
medical practitioner.............................. 4, 7(1), 48(1), 58(1), 59(1), 60(1), 63(1),
............................................................. 64(1), 79(3), 80(3), 81(1), 115(2)
medical report ..........................................................................................158(1)
medical student ................................................................................................ 4
medicine .......................................................................................................... 4
member.......................................................................................... Sch. 1, cl. 10
member of the Board........................................................................................ 4
new Act....................................................................................................... 5(2)
officer .............................................................................................................. 4
old Act ........................................................................................................ 5(2)
parties ......................................................................................................110(2)
practise as a general practitioner .................................................................33(1)
presiding member............................................................................................. 4
professional indemnity insurance ................................................................40(1)
professional standards committee...................................................................... 4
register............................................................................................................. 4
registered ................................................................................................... 4, 67
registrar............................................................................................................ 4
registration ....................................................................................................... 4
regulatory authority .......................................................................................... 4
relative.....................................................................................................129(1)
remote and rural WA..................................................................................33(1)
report .......................................................................................................157(1)
respondent........................................................................................................ 4
restriction period ........................................................................................39(1)
right .................................................................................................Sch. 2, cl. 1
sexual misconduct ............................................................................................ 4
specialist .......................................................................................................... 4
speciality.......................................................................................................... 4
specified.....................................................................................Sch. 2, cl. 16(5)
the former Board ..............................................................................Sch. 2, cl. 1
the new Board ..................................................................................Sch. 2, cl. 1
the repealed Act ...............................................................................Sch. 2, cl. 1
visiting force ..............................................................................................66(1)
visiting medical practitioner........................................................................66(1)
page 162
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