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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Medical Radiation Technologists Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
Part 2 -- Medical Radiation
Technologists Registration
Board and committees
Division 1 -- The Board
4. Board established 6
5. Membership of Board 6
6. Presiding member and deputy presiding member 6
7. Constitution and proceedings 7
8. Remuneration and allowances 7
Division 2 -- Functions and powers
9. Functions 7
10. Powers 8
11. Delegation by Board 8
Division 3 -- Relationship of Board with
Minister
12. Directions by Minister 8
13. Minister to have access to information 9
Division 4 -- Committees
14. Committees 10
15. Provisions relating to committees 10
088--1 page i
Medical Radiation Technologists Bill 2005
Contents
Division 5 -- Registrar and other staff
16. Registrar 11
17. Other staff 11
Division 6 -- General
18. Notifications to the Radiological Council 12
19. Duty not to make improper use of information 12
20. Meetings and minutes of meetings 13
21. Execution of documents by Board 14
Part 3 -- Finance and reports
22. Funds of the Board 15
23. Accounts 15
24. Audit 16
25. Annual report and other reports 16
Part 4 -- Registration of medical
radiation technologists
Division 1 -- Registration
26. Natural persons may be registered 18
27. Registration 18
28. Provisional registration 19
29. Conditional registration at the discretion of the
Board 20
30. Professional indemnity insurance 21
31. Application 22
32. Effect of registration 23
33. Duration of registration 23
34. Renewal of registration 23
35. Application for registration by a person whose
registration has been cancelled under
section 79(1)(i) 24
36. Conflict or inconsistency between conditions
imposed under the Radiation Safety Act 1975 and
this Act 25
Division 2 -- The register
37. The register 25
38. Inspection of register 26
39. Certificate of registration 27
page ii
Medical Radiation Technologists Bill 2005
Contents
40. Voluntary removal from register and cancellation
of registration or cancellation of area or areas of
medical radiation technology 27
41. Removal of name and cancellation of registration
of person in certain circumstances 28
42. Effect of removal of name from register 28
Division 3 -- Notifications to Board
43. Change of address 29
44. Loss of qualifications 29
45. Insolvency 29
46. Civil or criminal proceedings 30
47. Information about professional indemnity
insurance 30
Part 5 -- Disciplinary and
impairment matters
Division 1 -- Preliminary
48. Disciplinary matters 32
49. Impairment matters 32
Division 2 -- Committees
50. Complaints assessment committee 33
51. Impairment review committee 34
Division 3 -- Complaints
52. Complaints 34
53. Complaints assessment committee to determine
action required 35
54. Complaints assessment committee may reject
certain complaints 36
Division 4 -- Summary orders of Board
55. Interim orders by Board 36
56. Complaint dealt with summarily to be referred to
the State Administrative Tribunal 38
57. Complaint not dealt with summarily to be referred
to relevant committee 38
Division 5 -- Disciplinary matters
58. Investigation and recommendation 39
59. Role of Board 40
page iii
Medical Radiation Technologists Bill 2005
Contents
60. Alternative to making allegation to the State
Administrative Tribunal 40
Division 6 -- Impairment matters
61. Request by medical radiation technologist for
imposition of condition 42
62. Revocation of condition 42
63. Investigation 42
64. Medical radiation technologist to be notified about
investigation 42
65. Examination 43
66. Report of examination 44
67. Role of the impairment review committee 44
68. Recommendation 45
69. Role of Board 46
Division 7 -- Investigator's role and powers
70. Interpretation 46
71. Investigator 47
72. Report of investigator 47
73. Powers of investigator 47
74. Warrant to enter premises 49
75. Issue of warrant 50
76. Execution of warrant 51
Division 8 -- Conciliation
77. Conciliation process 51
78. Action if conciliation fails 53
Division 9 -- Role of the State Administrative
Tribunal
79. Powers of the State Administrative Tribunal on
dealing with a disciplinary matter 53
80. Powers of the State Administrative Tribunal on
dealing with an impairment matter 55
Division 10 -- Miscellaneous
81. Suspension 56
82. Costs and recovery 56
Part 6 -- Offences
83. Use of title "medical radiation technologist" or a
restricted title or pretending to be registered 57
84. Failure to comply with disciplinary action 57
page iv
Medical Radiation Technologists Bill 2005
Contents
85. False or misleading information 58
86. Offences in relation to investigation 58
87. Obstruction of investigator 59
88. Assistance to execute warrant 60
89. Surrender of certificate 60
90. Incriminating information, questions, or documents 61
91. Legal professional privilege 61
Part 7 -- Codes of practice, rules and
regulations
92. Application of Part 63
93. Codes of practice 63
94. Rules 64
95. Regulations 65
96. Forms 66
Part 8 -- Miscellaneous
97. Protection 67
98. Notice of decision to be given 67
99. Review 68
100. Publication of proceedings etc. 68
101. Legal proceedings 69
102. Liability of certain officers of body corporate:
offences 70
103. Review of Act 71
104. Transitional provisions 72
105. Consequential amendments 72
Schedule 1 -- Constitution and
proceedings of the Board
Division 1 -- General provisions
1. Term of office 73
2. Functions of deputy presiding member 73
3. Deputy members 73
4. Vacation of office by member 74
5. General procedure concerning meetings 74
6. Voting 75
7. Holding meetings remotely 75
8. Resolution without meeting 75
9. Minutes 75
page v
Medical Radiation Technologists Bill 2005
Contents
Division 2 -- Disclosure of interests etc.
10. Meaning of "member" 76
11. Disclosure of interests 76
12. Exclusion of interested member 76
13. Board or committee may resolve that clause 12
inapplicable 76
14. Quorum where clause 12 applies 77
15. Minister may declare clauses 12 and 14
inapplicable 77
Schedule 2 -- Transitional provisions
1. Term used in this Schedule 78
2. Transitional provision for persons practising
medical radiation technology 78
3. Persons practising medical radiation technology
but not eligible for registration under Part 4 78
4. Membership of Board 79
Schedule 3 -- Consequential
amendments
1. Civil Liability Act 2002 amended 80
2. Constitution Acts Amendment Act 1899 amended 80
3. Health Professionals (Special Events Exemption)
Act 2000 amended 80
4. Health Services (Conciliation and Review)
Act 1995 amended 81
5. Radiation Safety Act 1975 amended 81
24A. Disclosure of information to the Medical
Radiation Technologists Board of Western
Australia 82
6. State Administrative Tribunal Act 2004 amended 84
Defined Terms
page vi
Western Australia
LEGISLATIVE ASSEMBLY
Medical Radiation Technologists Bill 2005
A Bill for
An Act to --
x provide for the regulation of the practice of medical radiation
technology and the registration of natural persons as medical
radiation technologists;
x amend the Radiation Safety Act 1975;
x make consequential amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Medical Radiation Technologists Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Medical Radiation Technologists Act 2005.
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
5
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Terms used in this Act
In this Act, unless the contrary intention appears --
"application" means an application for registration;
10
"approved" means approved by the Board in writing;
"area of medical radiation technology" means --
(a) medical imaging technology;
(b) nuclear medicine technology; or
(c) radiation therapy;
15
"Board" means the Medical Radiation Technologists
Registration Board of Western Australia established by
section 4;
"certificate of registration" means a certificate of registration
issued under section 39;
20
"committee" means a committee established by the Board
under this Act;
"complainant" means a person who lodges a complaint under
section 52(1) or (2);
"complaint" means --
25
(a) a complaint lodged under section 52(1) or (2);
(b) a complaint referred under section 52(3);
page 2
Medical Radiation Technologists Bill 2005
Part 1
Preliminary
s. 3
(c) a matter the complaints assessment committee has
determined under section 52(4) to deal with as if it
were a complaint; and
(d) a matter the Board has referred to the impairment
review committee under section 61(3);
5
"complaints assessment committee" means the committee
established under section 50;
"condition" includes restriction;
"Corporations Act" means the Corporations Act 2001 of the
Commonwealth;
10
"Director" means the Director of the Office of Health Review
under the Health Services (Conciliation and Review)
Act 1995;
"disciplinary matter" means a matter referred to in section 48;
"document" includes any tape, disc or other device or medium
15
on which information is recorded or stored;
"impairment" means --
(a) mental disability;
(b) injury;
(c) physical illness;
20
"impairment matter" means a matter referred to in section 49;
"impairment review committee" means any committee
established under section 51;
"investigator" means a person appointed under section 71;
"legal practitioner" has the meaning given to that term in the
25
Legal Practice Act 2003 section 3;
"medical practitioner" means a medical practitioner registered
under the Medical Act 1894;
"medical radiation technologist" means a person who is
registered;
30
page 3
Medical Radiation Technologists Bill 2005
Part 1 Preliminary
s. 3
"medical radiation technology" means medical imaging
technology, nuclear medicine technology or radiation
therapy;
"member of the Board" includes a person acting under
Schedule 1 clause 3;
5
"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
management of the body corporate;
10
"presiding member" means the presiding member of the Board
referred to in section 6;
"Radiological Council" means the body established under the
Radiation Safety Act 1975 section 13;
"register" means the register referred to in section 37;
15
"registered" means registered by the Board under this Act in
respect of one or more areas of medical radiation
technology;
"registrar" means the person engaged or employed to be
registrar under section 16;
20
"registration" includes renewal of registration;
"respondent" means a person the subject of a complaint;
"restricted title" means --
(a) in relation to a medical radiation technologist who is
registered in respect of the area of medical imaging
25
technology, a title that consists of, or includes, or is
an abbreviation or derivative of "medical imaging
technologist" or "radiographer" but not "industrial
radiographer";
(b) in relation to a medical radiation technologist who is
30
registered in respect of the area of nuclear medicine
technology, a title that consists of, or includes, or is
an abbreviation or derivative of "nuclear medicine
technologist"; and
page 4
Medical Radiation Technologists Bill 2005
Part 1
Preliminary
s. 3
(c) in relation to a medical radiation technologist who is
registered in respect of the area of radiation therapy, a
title that consists of, or includes, or is an abbreviation
or derivative of "radiation therapist".
page 5
Medical Radiation Technologists Bill 2005
Part 2 Medical Radiation Technologists Registration Board and
committees
Division 1 The Board
s. 4
Part 2 -- Medical Radiation Technologists
Registration Board and committees
Division 1 -- The Board
4. Board established
(1) A body called the Medical Radiation Technologists Registration
5
Board of Western Australia is established.
(2) The Board --
(a) is a body corporate;
(b) has perpetual succession and a common seal; and
(c) may sue and be sued in its corporate name.
10
(3) The Board does not represent, and is not an agent of, the Crown.
5. Membership of Board
(1) The Board consists of 8 members appointed by the Minister, of
whom --
(a) 2 are to be medical radiation technologists registered in
15
the area of medical imaging technology;
(b) 2 are to be medical radiation technologists registered in
the area of nuclear medicine technology;
(c) 2 are to be medical radiation technologists registered in
the area of radiation therapy;
20
(d) one is to be a person who has knowledge of and
experience in representing the interests of consumers;
and
(e) one is to be a legal practitioner.
(2) Each member of the Board is to be a natural person.
25
6. Presiding member and deputy presiding member
The presiding member and the deputy presiding member of the
Board are to be elected by the Board from amongst its members.
page 6
Medical Radiation Technologists Bill 2005
Part 2
Medical Radiation Technologists Registration Board and
committees
Division 2
Functions and powers
s. 7
7. Constitution and proceedings
Schedule 1 has effect with respect to the constitution and
proceedings of the Board.
8. Remuneration and allowances
A member of the Board, or of a committee, is to be paid such
5
remuneration and allowances (if any) as the Minister, on the
recommendation of the Minister for Public Sector Management,
determines from time to time.
Division 2 -- Functions and powers
9. Functions
10
The functions of the Board are as follows --
(a) to advise the Minister on matters to which this Act
applies;
(b) to administer the scheme of registration under Part 4;
(c) to support and promote public education and research in
15
relation to the practice of medical radiation technology;
(d) to monitor education in medical radiation technology,
and provide advice on that education to the Minister and
to any other person or body involved in that education;
(e) to promote and encourage --
20
(i) the continuing education of medical radiation
technologists in the practice of medical radiation
technology; and
(ii) increased levels of skill, knowledge and
competence in the practice of medical radiation
25
technology;
and
(f) to perform other functions that are conferred on the
Board under this Act or any other Act.
page 7
Medical Radiation Technologists Bill 2005
Part 2 Medical Radiation Technologists Registration Board and
committees
Division 3 Relationship of Board with Minister
s. 10
10. Powers
The Board has all the powers it needs to perform its functions.
11. Delegation by Board
(1) The Board may delegate any power or duty of the Board under
another provision of this Act to --
5
(a) a member of the Board;
(b) a committee or a member of a committee; or
(c) the registrar.
(2) The delegation must be in writing executed by the Board.
(3) A person to whom a power or duty is delegated under this
10
section cannot delegate that power or duty.
(4) A person 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.
15
(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
an agent.
Division 3 -- Relationship of Board with Minister
12. Directions by Minister
20
(1) Subject to subsection (2), the Minister may, after consulting
with the Board, give directions in writing to the Board with
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.
25
(2) The Minister must not under subsection (1) direct the Board
with respect to the performance of its functions in respect of --
(a) a particular person;
(b) a particular qualification; or
page 8
Medical Radiation Technologists Bill 2005
Part 2
Medical Radiation Technologists Registration Board and
committees
Division 3
Relationship of Board with Minister
s. 13
(c) a particular application, complaint or proceeding.
(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
5
under section 25(1).
13. 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
10
Board.
(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.
15
(3) For the purposes of subsection (2) the Minister may --
(a) request the Board to furnish information to the Minister;
(b) request the Board to give the Minister access to
information;
(c) for the purposes of paragraph (b) make use of the staff
20
of 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 9
Medical Radiation Technologists Bill 2005
Part 2 Medical Radiation Technologists Registration Board and
committees
Division 4 Committees
s. 14
(b) might enable the identity of any such person to be
ascertained,
unless that person has consented to the disclosure.
Division 4 -- Committees
14. Committees
5
(1) In addition to the complaints assessment committee and the
impairment review committee the Board may from time to time
establish any other committee.
(2) The Board may --
(a) determine the functions, membership and constitution;
10
(b) appoint such members and other persons as it thinks fit
to be members; and
(c) give directions with respect to the functions and
procedures,
of a committee established under this section.
15
(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
section is to report on the performance of its functions to the
Board, in accordance with the Board's request.
20
15. 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
committee and may reconstitute or discharge a committee
established by the Board.
25
(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.
page 10
Medical Radiation Technologists Bill 2005
Part 2
Medical Radiation Technologists Registration Board and
committees
Division 5
Registrar and other staff
s. 16
(4) Subject to this Act, a committee may determine its own
procedures.
(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
5
performance of its functions and the Board has approved the
invitation.
Division 5 -- Registrar and other staff
16. Registrar
(1) The Board is to engage or employ a person to be the registrar.
10
(2) The registrar has the functions that are conferred under this Act
or that the Board directs the registrar to perform.
(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.
15
(4) The delegation must be in writing executed by the registrar.
(5) A person to whom a power or duty is delegated under this
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
20
do so in accordance with the terms of the delegation unless the
contrary is shown.
17. Other staff
The Board may engage or employ persons to provide such
professional, technical or other assistance that the Board
25
considers necessary to enable it to perform its functions.
page 11
Medical Radiation Technologists Bill 2005
Part 2 Medical Radiation Technologists Registration Board and
committees
Division 6 General
s. 18
Division 6 -- General
18. Notifications to the Radiological Council
(1) The Board is to give the Radiological Council written advice of
the following matters --
(a) the cancellation of the registration of a medical radiation
5
technologist and the removal of that person's name from
the register under this Act;
(b) the making of an order under section 55(1) or (3),
together with a copy of the order;
(c) the suspension or revocation of the suspension from the
10
practice of medical radiation technology under this Act
of a medical radiation technologist, whether generally or
in relation to any specified area, circumstances or
service;
(d) the imposition, variation or revocation of any condition
15
on registration or the practice of medical radiation
technology under this Act of a medical radiation
technologist;
(e) the making of an allegation to the State Administrative
Tribunal under this Act.
20
(2) The advice referred to in subsection (1) is to be given no later
than 14 days after the occurrence of the matter referred to in that
subsection.
19. Duty not to make improper use of information
A member or former member of the Board or a member or
25
former member of a committee must not, whether within or
outside the State, make improper use of information acquired by
virtue of that position to gain, directly or indirectly, an
advantage for himself or herself or for any other person.
Penalty: a fine of $5 000.
30
page 12
Medical Radiation Technologists Bill 2005
Part 2
Medical Radiation Technologists Registration Board and
committees
Division 6
General
s. 20
20. Meetings and minutes of meetings
(1) Subject to this section, every meeting of the Board is to be open
to members of the public.
(2) Despite subsection (1) --
(a) the Board may of its own initiative order that in any
5
particular case a meeting, or part of a meeting, of the
Board is to be closed; and
(b) where a meeting of the Board concerns a proceeding
under Part 5 relating to a disciplinary or impairment
matter, a person to whom the proceedings relate may
10
request that the meeting, or part of the meeting, be
closed.
(3) The Board is to consider a request under subsection (2)(b) and
may order that the meeting, or part of the meeting, be closed if it
is of the opinion that such an order is in the best interests of the
15
parties involved or the maintenance of professional standards.
(4) The minutes of a meeting of the Board are to be open for
inspection at its principal place of business by members of the
public during normal office hours without fee, other than
minutes relating to --
20
(a) proceedings under Part 5 relating to a disciplinary or
impairment matter;
(b) a matter determined to be confidential under
subsection (6); or
(c) a meeting, or part of a meeting, that the Board ordered
25
be closed under subsection (2)(a) or (3).
(5) A person may, on payment of the fee prescribed by the
regulations, if any, obtain a copy of any minutes of the Board
available for inspection under subsection (4).
(6) The Board may determine that a matter is confidential if it
30
considers that its disclosure is likely to infringe the reasonable
privacy of any person.
page 13
Medical Radiation Technologists Bill 2005
Part 2 Medical Radiation Technologists Registration Board and
committees
Division 6 General
s. 21
21. 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
5
(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.
10
(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
15
(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.
(6) A document executed under this section without the common
seal of the Board is not to be regarded as being a document
20
under seal.
(7) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
is shown.
(8) When a document is produced bearing a seal purporting to be
25
the common seal of the Board, it is to be presumed that the seal
is the common seal of the Board until the contrary is shown.
page 14
Medical Radiation Technologists Bill 2005
Part 3
Finance and reports
s. 22
Part 3 -- Finance and reports
22. Funds of the Board
(1) The funds of the Board consist of --
(a) fees received by the Board;
(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;
(c) penalties, costs and expenses received under section 60
or 82; 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;
(b) for the payment of examinations and reports in
accordance with section 65(3);
(c) for the furtherance of education, including public
education, and research in relation to the practice of
20
medical radiation technology;
(d) by way of contribution to any professional body for
medical radiation technologists for the development by
that body of professional standards; and
(e) for any other purpose that the Board may recommend
25
and the Minister may approve to enable the Board to
perform its functions.
23. Accounts
(1) The Board is to cause to be kept proper accounts and records of
the transactions and affairs of the Board and is to prepare
30
page 15
Medical Radiation Technologists Bill 2005
Part 3 Finance and reports
s. 24
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.
24. 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 a
registered company auditor (as defined in paragraph (a) of the
definition of that term in the Corporations Act section 9)
appointed by the Board with the prior approval of the Minister.
10
25. Annual report and other reports
(1) The Board, not later than 31 December 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
15
on those statements.
(2) The Board's annual report must include details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken under
this Act during the year to which the report
20
relates; and
(ii) matters that have been brought before the State
Administrative Tribunal by the Board during the
year to which the report relates;
(b) the number and nature of matters referred to in
25
paragraph (a) that are outstanding;
(c) any trends or special problems that may have emerged;
(d) forecasts of the workload of the Board in the year after
the year to which the report relates; and
(e) any proposals for improving the operation of the Board.
30
page 16
Medical Radiation Technologists Bill 2005
Part 3
Finance and reports
s. 25
(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
14 sitting days of that House after receipt of the report by the
Minister.
5
(4) The Board is to ensure that after subsection (3) has been
complied with copies of the reports and statements referred to in
that subsection are available on request for inspection at its
principal place of business.
page 17
Medical Radiation Technologists Bill 2005
Part 4 Registration of medical radiation technologists
Division 1 Registration
s. 26
Part 4 -- Registration of medical radiation
technologists
Division 1 -- Registration
26. Natural persons may be registered
Registration under this Act may be granted only to a natural
5
person.
27. Registration
(1) The Board is to register an applicant in respect of one or more
areas of medical radiation technology if satisfied that the
applicant has --
10
(a) complied with the requirements of subsection (2)
relevant to the area in respect of which registration is
applied for; and
(b) paid the registration fee, if any, prescribed by the
regulations.
15
(2) The requirements for registration are that the applicant --
(a) is a fit and proper person to be registered as a medical
radiation technologist;
(b) has not been convicted of an offence the nature of which
renders the person unfit to practise as a medical
20
radiation technologist;
(c) has adequate knowledge of the English language both
written and oral;
(d) has sufficient physical capacity, mental capacity and
skill to practise medical radiation technology;
25
(e) subject to subsection (3), has acquired such knowledge
and has such practical experience in the relevant area of
medical radiation technology that in the opinion of the
Board is sufficient to enable that person to perform
page 18
Medical Radiation Technologists Bill 2005
Part 4
Registration of medical radiation technologists
Division 1
Registration
s. 28
efficiently the duties of a medical radiation technologist
in that area; and
(f) holds a qualification prescribed by the rules as a
qualification for registration as a medical radiation
technologist relevant to the area in respect of which
5
registration is applied for or a qualification that in the
opinion of the Board is equivalent to such a
qualification.
(3) Subsection (2)(e) does not apply to a person who, having been
awarded a qualification referred to in subsection (2)(f) within
10
the 5 years preceding the application, is applying to the Board,
for the first time, for registration under subsection (1).
(4) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
competent and safe practice of medical radiation technology.
15
(5) A condition imposed under subsection (4) may apply
indefinitely or for a period of time specified by the Board in the
written notice.
(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
20
reasonable grounds, revoke or vary the condition.
28. Provisional registration
(1) The Board may provisionally register an applicant in the area or
areas of medical radiation technology in respect of which the
person has applied for registration if satisfied that --
25
(a) the applicant has applied to be registered under
section 27 in respect of the area or areas;
(b) the requisite evidence is likely to be produced to enable
the Board to be satisfied as to the matters set out in
section 27(2) in respect of the area or areas; and
30
(c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
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Medical Radiation Technologists Bill 2005
Part 4 Registration of medical radiation technologists
Division 1 Registration
s. 29
(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 impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
5
competent and safe practice of medical radiation technology by
the medical radiation technologist.
(4) If the Board, before the period referred to in subsection (2)
expires, has reason to believe that a person granted provisional
registration is not entitled to be registered as a medical radiation
10
technologist under section 27 in the area or areas of medical
radiation technology in respect of which the person has applied
for registration, the Board may, without prejudice to the
person's application to be registered, cancel the person's
provisional registration.
15
29. Conditional registration at the discretion of the Board
(1) The Board may grant a person conditional registration as a
medical radiation technologist in the area or areas of medical
radiation technology in respect of which the person has applied
for registration if --
20
(a) the Board is satisfied that the person meets the
requirements of section 27(2)(a), (b), (c) and (d) in
respect of the area or areas;
(b) the Board is satisfied that --
(i) the person meets the requirements of
25
section 27(2)(e) in respect of the area or areas
and that the requisite evidence is likely to be
produced to enable the Board to be satisfied as to
the matters set out in section 27(2)(f) in respect
of the area or areas;
30
(ii) the person, recognised by the Board as being a
person of eminence within the area of medical
radiation technology, desires registration for the
page 20
Medical Radiation Technologists Bill 2005
Part 4
Registration of medical radiation technologists
Division 1
Registration
s. 30
purpose of enabling the person to teach and
demonstrate methods and techniques of medical
radiation technology in the area or areas; or
(iii) the person desires registration to enable the
person to undertake particular duties of medical
5
radiation technology of limited duration in the
area or areas;
and
(c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
10
(2) Conditional registration --
(a) has effect until the day specified in the certificate of
registration (unless registration is earlier cancelled by
the Board) but that day is in no case to be later than
12 months after the issue of the certificate; and
15
(b) is not renewable.
(3) Conditional registration, and the practice of medical radiation
technology by a medical radiation technologist registered under
this section, may be made subject to such conditions as the
Board imposes in any particular case.
20
(4) The Board may at any time cancel a conditional registration.
(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.
30. Professional indemnity insurance
25
(1) In this section --
"professional indemnity insurance" means professional
indemnity insurance that meets the minimum terms and
conditions approved by the Board.
page 21
Medical Radiation Technologists Bill 2005
Part 4 Registration of medical radiation technologists
Division 1 Registration
s. 31
(2) Without limiting the Board's powers under section 27, 28 or 29,
the Board may impose both of the following conditions as
conditions of registration under section 27, 28 or 29 --
(a) that --
(i) the medical radiation technologist must hold
5
professional indemnity insurance;
(ii) the professional care and services provided by
the medical radiation technologist must be
covered by professional indemnity insurance; or
(iii) the medical radiation technologist must be
10
specified or referred to in professional indemnity
insurance, whether by name or otherwise, as a
person to whom the professional indemnity
insurance extends even though the medical
radiation technologist is not a party to the
15
professional indemnity insurance;
(b) that the professional indemnity insurance must meet the
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
20
notice of the decision given under section 98.
(4) 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.
31. Application
25
(1) An application is to --
(a) be in writing;
(b) be made in an approved manner and form;
(c) specify the area, or areas, of medical radiation
technology in which the applicant seeks registration; and
30
(d) be accompanied by the application fee, if any,
prescribed by the regulations.
page 22
Medical Radiation Technologists Bill 2005
Part 4
Registration of medical radiation technologists
Division 1
Registration
s. 32
(2) The applicant must provide the Board or the registrar 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.
(3) The Board may, in writing, require an applicant for registration
5
to attend before 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.
(4) The Board may refuse to register a person who does not comply
with this section.
10
32. Effect of registration
Subject to this Act and the Radiation Safety Act 1975,
registration confers on the person registered the right to carry on
in the State the practice of medical radiation technology under a
restricted title.
15
33. Duration of registration
Subject to this Act, registration --
(a) has effect for the period prescribed by the regulations;
and
(b) may be renewed in accordance with the regulations for a
20
further period prescribed by the regulations.
34. Renewal of registration
(1) A medical radiation technologist must pay to the Board a fee
prescribed 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
25
under the regulations --
(a) the person ceases to be registered; and
(b) the person's name must be removed from the register.
(2) A person whose name is removed from the register under
subsection (1) may at any time pay to the Board all fees that are
30
page 23
Medical Radiation Technologists Bill 2005
Part 4 Registration of medical radiation technologists
Division 1 Registration
s. 35
in arrears, and all fees that would be in arrears if the person had
continued to be registered, together with any additional amount
prescribed by the regulations for the purposes of this subsection,
and is then to be entitled, subject to this Act, to have his or her
registration renewed and the name restored to the register.
5
(3) For the purposes of Part 5, the registration of a person whose
name is restored to the register under subsection (2) is taken to
have continued during the period that the person's name was
removed from the register under subsection (1).
(4) The Board is to give written notice of the renewal fee to a
10
medical radiation technologist, sent to that medical radiation
technologist's address as recorded in the register, at least
42 days before the fee falls due under the regulations.
(5) A person may apply to the Board for the remission of fees
payable by the person under this section that are in arrears, and
15
the Board may remit those fees in whole or in part.
35. Application for registration by a person whose registration
has been cancelled under section 79(1)(i)
(1) In this section --
"disqualified person" means a person whose registration has
20
been cancelled and name removed from the register under
section 79(1)(i).
(2) A disqualified person may not apply for registration in any area
of medical radiation technology for a period of 2 years after that
person's registration was cancelled.
25
(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 medical radiation technology
by, a disqualified person may be made subject to such
30
conditions as the Board in any particular case imposes.
page 24
Medical Radiation Technologists Bill 2005
Part 4
Registration of medical radiation technologists
Division 2
The register
s. 36
36. Conflict or inconsistency between conditions imposed under
the Radiation Safety Act 1975 and this Act
(1) If there is any conflict or inconsistency between a condition --
(a) imposed on a medical radiation technologist under this
Act; and
5
(b) imposed on a licence held by the medical radiation
technologist under the Radiation Safety Act 1975,
then --
(c) the condition imposed on the licence prevails (whether
that condition was imposed before or after the condition
10
imposed under this Act); and
(d) the condition imposed under this Act is of no effect to
the extent of the conflict or inconsistency.
(2) For the purposes of subsection (1), a conflict or inconsistency
does not exist merely because the condition imposed under this
15
Act imposes more stringent measures or a higher duty or
standard in respect of a particular matter or aspect of practice.
Division 2 -- The register
37. The register
The Board is required to keep an accurate and up to date register
20
of all medical radiation technologists in such manner and form
as the Board determines and in respect of each medical radiation
technologist is to record --
(a) the name of that medical radiation technologist;
(b) the area, or areas, of medical radiation technology in
25
respect of which the medical radiation technologist is
registered;
(c) the business, or other, address of that medical radiation
technologist;
page 25
Medical Radiation Technologists Bill 2005
Part 4 Registration of medical radiation technologists
Division 2 The register
s. 38
(d) particulars of all of the qualifications in medical
radiation technology recognised by the Board and held
by that medical radiation technologist;
(e) the provision of this Act under which the medical
radiation technologist is registered;
5
(f) any conditions applying to the registration;
(g) details of the exercise of any power under Part 5 in
respect of that medical radiation technologist; and
(h) such other information, if any, as is prescribed by the
regulations.
10
38. Inspection of register
(1) The register must be kept in the office of the registrar.
(2) The register must be available for inspection by members of the
public during normal office hours.
(3) The register may be made available for inspection by members
15
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
prescribed by the regulations, if any, obtain a certified copy of
the register or the entry.
20
(5) No fee is payable under subsection (4) if the application is
made --
(a) by an officer of the department of the Public Service
principally assisting the Minister in the administration of
this Act; and
25
(b) for the purpose of carrying out the functions of an
officer of that department.
page 26
Medical Radiation Technologists Bill 2005
Part 4
Registration of medical radiation technologists
Division 2
The register
s. 39
39. Certificate of registration
(1) On the registration of a person the Board is to issue to that
person a certificate of registration in an approved form.
(2) Where a person's registration is cancelled in an area but not all
areas of medical radiation technology, the Board is to revoke the
5
person's certificate of registration and issue that person a new
certificate of registration in an approved form.
(3) In the absence of evidence to the contrary a valid certificate of
registration is evidence that the person to whom the certificate is
issued is registered as a medical radiation technologist in respect
10
of an area, or areas, of medical radiation technology, as
specified in the certificate.
40. Voluntary removal from register and cancellation of
registration or cancellation of area or areas of medical
radiation technology
15
(1) A medical radiation technologist may, in writing, request the
registrar to --
(a) cancel his or her registration as a medical radiation
technologist in all areas of medical radiation technology
and remove his or her name from the register; or
20
(b) if he or she is registered in respect of more than one area
of medical radiation technology, cancel the registration
in respect of a specified area or areas but not all areas.
(2) Upon receipt of a request under subsection (1) the registrar is to
refer the request to the Board and, if the Board so approves, is to
25
accede to the request.
(3) This section does not apply to a medical radiation technologist
who is the subject of proceedings under Part 5.
page 27
Medical Radiation Technologists Bill 2005
Part 4 Registration of medical radiation technologists
Division 2 The register
s. 41
41. Removal of name and cancellation of registration of person
in certain circumstances
(1) Subject to subsections (2) and (3), the Board is to cancel the
registration of a medical radiation technologist in an area of
medical radiation technology and direct the registrar to remove
5
from the register the name of the medical radiation technologist
in that area if the Board is satisfied that that person --
(a) has not practised medical radiation technology in that
area in the preceding period of 5 years; and
(b) has not maintained current knowledge and skills in
10
medical radiation technology in that area at an approved
level.
(2) If the Board proposes to give a direction under subsection (1),
the Board is to give the person written notice of the proposal
and the reasons for the proposal.
15
(3) A notice given under subsection (2) must state that within
28 days after the notice is given, the person to whom it is given
may make written representations to the Board concerning the
proposal, and the Board is not to give the direction without
considering any representations received within that period.
20
(4) If, after a direction under subsection (1), a person will not be
registered in relation to any area of medical radiation
technology, the Board is also to direct the registrar to remove
the name of that person from the register.
42. Effect of removal of name from register
25
If the name of a registered person is removed from the register
under a provision of this Act, that person ceases to be registered.
page 28
Medical Radiation Technologists Bill 2005
Part 4
Registration of medical radiation technologists
Division 3
Notifications to Board
s. 43
Division 3 -- Notifications to Board
43. Change of address
(1) A medical radiation technologist must give the registrar written
advice of any change to the address that is recorded in the
register in relation to the person.
5
Penalty: a fine of $1 000.
(2) The advice referred to in subsection (1) must be given no later
than 30 days after the change to the address.
44. Loss of qualifications
(1) A medical radiation technologist must give the registrar written
10
advice if a 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.
(2) The advice referred to in subsection (1) must be given no later
15
than 90 days after the withdrawal or cancellation.
45. Insolvency
(1) In subsection (2) --
"insolvent" means a person who is an insolvent under
administration as defined in the Corporations Act section 9.
20
(2) A medical radiation technologist must, within 7 days of
becoming an insolvent, give the registrar written advice of the
insolvency.
Penalty: a fine of $5 000.
page 29
Medical Radiation Technologists Bill 2005
Part 4 Registration of medical radiation technologists
Division 3 Notifications to Board
s. 46
46. Civil or criminal proceedings
(1) A medical radiation technologist must give the registrar written
advice of any of the following matters within 14 days after --
(a) any civil proceedings claiming damages or other
compensation arising out of the practice of medical
5
radiation technology;
(b) any criminal proceedings for an offence arising out of
the practice of medical radiation technology,
are commenced against that medical radiation technologist.
Penalty: a fine of $5 000.
10
(2) A medical radiation technologist 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 radiation technologist
are withdrawn or settled;
15
(b) any such proceedings are determined by a court or other
tribunal.
Penalty: a fine of $5 000.
47. Information about professional indemnity insurance
(1) If it is a condition of a medical radiation technologist's
20
registration that --
(a) the medical radiation technologist must hold
professional indemnity insurance;
(b) the professional care and services provided by the
medical radiation technologist must be covered by
25
professional indemnity insurance; or
(c) the medical radiation technologist must be specified or
referred to in professional indemnity insurance, whether
by name or otherwise, as a person to whom the
professional indemnity insurance extends even though
30
page 30
Medical Radiation Technologists Bill 2005
Part 4
Registration of medical radiation technologists
Division 3
Notifications to Board
s. 47
the medical radiation technologist is not a party to the
professional indemnity insurance,
the medical radiation technologist must give the registrar
written advice --
(d) if the professional indemnity insurance is cancelled; or
5
(e) of any change in the terms or conditions of the
professional indemnity insurance.
Penalty: a fine of $1 000.
(2) The advice referred to in subsection (1) must be given no later
than 30 days after the cancellation or change in the terms or
10
conditions.
page 31
Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 1 Preliminary
s. 48
Part 5 -- Disciplinary and impairment matters
Division 1 -- Preliminary
48. Disciplinary matters
The following are disciplinary matters --
(a) that a person has contravened a condition applying to
5
that person's registration or the practice of medical
radiation technology by that person;
(b) that a person in the course of his or her practise as a
medical radiation technologist --
(i) acted carelessly;
10
(ii) acted incompetently;
(iii) acted improperly;
(iv) breached this Act or the Radiation Safety
Act 1975;
(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 radiation technologist.
49. Impairment matters
The following are impairment matters --
(a) that a person is affected by his or her use of or
25
dependence on alcohol or a drug to such an extent that
the ability of the person to practise as a medical
radiation technologist is or is likely to be affected;
(b) that a person suffers from an impairment to such an
extent that the ability of the person to practise as a
30
page 32
Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 2
Committees
s. 50
medical radiation technologist is or is likely to be
affected.
Division 2 -- Committees
50. Complaints assessment committee
(1) The Board is to establish a committee to be known as the
5
complaints assessment committee.
(2) The complaints assessment committee is to consist of the
following 3 persons appointed in writing by the Board from
time to time --
(a) a medical radiation technologist (who may be a member
10
of the Board);
(b) a person who is not a medical radiation technologist and
is not qualified to be registered as a medical radiation
technologist;
(c) such other person (including a medical radiation
15
technologist or member of the Board) as the Board
considers appropriate.
(3) The Board is to appoint a member of the complaints assessment
committee to be the committee's chairperson.
(4) The complaints assessment committee is to submit an annual
20
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.
(5) A notice or appointment authorised by this Act to be given or
made by the complaints assessment committee is taken to have
25
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
sign the notice or appointment.
30
page 33
Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 3 Complaints
s. 51
51. Impairment review committee
(1) The Board may establish a committee to be known as the
impairment review committee.
(2) The impairment review committee is to consist of the following
3 persons appointed in writing by the Board from time to
5
time --
(a) a medical radiation technologist (who may be a member
of the Board);
(b) a medical practitioner;
(c) such other person (including a medical radiation
10
technologist or member of the Board) as the Board
considers appropriate.
(3) The Board is to appoint a member of the impairment review
committee to be the committee's chairperson.
(4) A notice or appointment authorised by this Act to be given or
15
made by the impairment review 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.
Division 3 -- Complaints
52. Complaints
(1) A person may lodge a complaint in relation to an impairment
matter with the complaints assessment committee in relation to
25
a person who is a medical radiation technologist.
(2) A person may lodge a complaint in relation to a disciplinary
matter with the complaints assessment committee in relation
to --
(a) a person who is a medical radiation technologist; or
30
page 34
Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 3
Complaints
s. 53
(b) a person who was a medical radiation technologist when
the disciplinary matter allegedly occurred but who is no
longer a medical radiation technologist.
(3) If the Director refers a complaint to the Board under the Health
Services (Conciliation and Review) Act 1995 section 31 or
5
43(3), the Board is to refer the complaint to the complaints
assessment committee.
(4) The complaints assessment committee may determine that an
impairment matter or a disciplinary matter is to be dealt with as
if it were the subject of a complaint lodged with the committee,
10
despite no complaint having been made to it.
(5) The complaints assessment committee is not to make a
determination under subsection (4) unless it is of the opinion
that --
(a) in respect of a person who is a medical radiation
15
technologist when the determination is made, there is
cause to investigate whether an impairment matter or a
disciplinary matter exists or has occurred; or
(b) in respect of a person who was a medical radiation
technologist when the disciplinary matter allegedly
20
occurred, there is cause to investigate whether a
disciplinary matter occurred.
53. Complaints assessment committee to determine action
required
(1) The complaints assessment committee is to decide in respect of
25
a complaint --
(a) if the committee is of the opinion that the complaint
requires action under Division 4, to refer it to the Board
for action under that Division;
(b) to reject the complaint under section 54;
30
(c) in the case of a complaint relating to a disciplinary
matter, to deal with the complaint under subsection (3)
or section 58; or
page 35
Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 4 Summary orders of Board
s. 54
(d) in the case of a complaint relating to an impairment
matter, to refer the complaint to the impairment review
committee.
(2) To enable the complaints assessment committee to make a
decision under subsection (1) the committee may make such
5
inquiries as it considers appropriate.
(3) If the complaint relates to a disciplinary matter referred to in
section 48(b)(v), the complaints assessment committee may
recommend to the Board that it make an allegation to the State
Administrative Tribunal based on the complaint that gave rise to
10
the undertaking.
54. Complaints assessment committee may reject certain
complaints
(1) The complaints assessment committee may at any time before
deciding to --
15
(a) refer a complaint to the impairment review committee
under section 53(1)(d); or
(b) make a recommendation to the Board under
section 53(3) or 58,
reject a complaint if it is of the opinion that the complaint is
20
frivolous, vexatious or without substance.
(2) Within 7 days of making a decision under subsection (1), the
complaints assessment committee is to give written notice to the
complainant, if any, that the complaint is rejected and in the
notice is to give short particulars of the reasons for the decision.
25
Division 4 -- Summary orders of Board
55. Interim orders by Board
(1) If the Board is of the opinion that an activity of a medical
radiation technologist involves or will involve a risk of
imminent injury or harm to the physical or mental health of any
30
page 36
Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 4
Summary orders of Board
s. 55
person, the Board may, without further inquiry, do any or all of
the following --
(a) give to the medical radiation technologist who is
carrying on that activity an order prohibiting the
carrying on of the activity for a period of not more than
5
30 days;
(b) give to the medical radiation technologist an order to
comply, for a period of not more than 30 days, with such
conditions as the Board thinks fit in relation to the
practice of medical radiation technology by that medical
10
radiation technologist;
(c) give to the medical radiation technologist an order
suspending the person from the practice of medical
radiation technology either generally or in relation to
any specified area, circumstances or service, for a period
15
of not more than 30 days.
(2) An order made under subsection (1) must --
(a) state that the Board is of the opinion that the activity of
the medical radiation technologist involves or will
involve a risk of imminent injury or harm to the physical
20
or mental health of any person;
(b) specify the activity that in the Board's opinion involves
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,
25
the Board will revoke the order or make an allegation
about the matter to the State Administrative Tribunal.
(3) The Board may, by subsequent order given to the person to
whom the order made under subsection (1) was given, revoke or
vary the original order at any time before making an allegation
30
about the matter to the State Administrative Tribunal under
section 56.
page 37
Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 4 Summary orders of Board
s. 56
(4) The Board may deal under this section with a complaint even
if --
(a) the Board, the impairment review committee or the
complaints assessment committee is already dealing
with the complaint, or a complaint including elements of
5
the first-mentioned complaint, under this Act; or
(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
10
that Act.
56. Complaint dealt with summarily to be referred to the State
Administrative Tribunal
(1) Within 14 days of making an order under section 55, if that
order is not revoked under section 55(3), the Board is to --
15
(a) make an allegation about the matter in 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 matter commenced before the making of
20
the order be discontinued.
(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 55(1) or
vary the order by extending the period for which it applies or in
25
any other respect.
57. Complaint not dealt with summarily to be referred to
relevant committee
If the Board does not make an order under section 55 in respect
of a complaint referred to it under section 53(1)(a) then the
30
Board is to --
(a) refer the complaint to the complaints assessment
committee, if the complaint relates to a disciplinary
matter; or
page 38
Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 5
Disciplinary matters
s. 58
(b) refer the complaint to the impairment review committee,
if the complaint relates to an impairment matter.
Division 5 -- Disciplinary matters
58. Investigation and recommendation
(1) If the complaints assessment committee has made a decision to
5
deal with a complaint relating to a disciplinary matter under this
section or has had a complaint referred back to it under
section 57, the complaints assessment committee is to
investigate the complaint.
(2) On completion of the investigation the complaints assessment
10
committee is to make a recommendation to the Board --
(a) to make a summary order under Division 4 (unless the
complaint was referred back to the committee under
section 57);
(b) if the complaint comes within the Health Services
15
(Conciliation and Review) Act 1995 section 25, not
being a complaint referred to the Board under section 31
or 43(3) of that Act, to give a copy of the complaint to
the Director;
(c) if paragraph (b) does not apply, to attempt to settle the
20
complaint by conciliation;
(d) to caution or reprimand the respondent;
(e) to accept an undertaking from the respondent to take or
refrain from action specified in the recommendation;
(f) to make an allegation about the complaint to the State
25
Administrative Tribunal; or
(g) to take no further action.
(3) The complaints assessment committee is not to make a
recommendation under subsection (2)(c) unless it is satisfied
that the matter can be dealt with satisfactorily by informal
30
procedures.
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Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 5 Disciplinary matters
s. 59
(4) The complaints assessment committee may recommend to the
Board that it take action under both subsection (2)(d) and (e) in
respect of a complaint.
59. Role of Board
(1) The Board is to consider the recommendation of the complaints
5
assessment committee under section 58(2) and may either --
(a) act on the recommendation of the complaints assessment
committee; or
(b) take action of a kind referred to in section 58(2) other
than that recommended by the complaints assessment
10
committee.
(2) The Board is not to take action of a kind referred to in
section 58(2)(c) unless it is satisfied that the matter can be dealt
with satisfactorily by informal procedures.
(3) The Board may take action under both section 58(2)(d) and (e)
15
in respect of a complaint.
(4) Within 7 days of making a decision under subsection (1), the
Board is to give written notice to the complainant, if any, and
the respondent of the action proposed to be taken by the Board
together with short particulars of the reasons for the decision.
20
60. Alternative to making allegation to the State Administrative
Tribunal
(1) If the Board --
(a) is of the opinion that a proceeding before the Tribunal is
not warranted by the nature of the allegation;
25
(b) has afforded to the person concerned the opportunity of
giving an explanation to the Board either in person or in
writing and is not satisfied by any explanation offered;
and
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Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 5
Disciplinary matters
s. 60
(c) has afforded to the person concerned the option of the
matter proceeding before the Tribunal and that option
has not been taken up,
the Board, instead of making an allegation to the State
Administrative Tribunal under section 59(1), may --
5
(d) if the person is a medical radiation technologist, order
that the particulars entered in the register in relation to
that person be amended;
(e) caution or reprimand that person;
(f) if the person is a medical radiation technologist, require
10
that person to give an undertaking to the Board, either
with or without security, for such period as is
specified --
(i) in relation to his or her future conduct as a
medical radiation technologist; or
15
(ii) to comply with such conditions as are specified
in relation to his or her practice;
or
(g) order that person to pay to the Board a penalty not
exceeding a fine of $2 500.
20
(2) The Board may, in addition to or instead of imposing one or
more of the penalties specified in subsection (1), order the
person concerned to pay such costs and expenses of or
incidental to the proceedings as the Board thinks fit.
(3) Where any penalty, costs or expenses are ordered to be paid
25
under this section the amount ordered to be paid is recoverable
in any court of competent jurisdiction as a debt due to the
Board.
(4) Within 7 days of making a decision under subsection (1)(d)
to (g) or (2), the Board is to give written notice to the
30
complainant, if any, and the respondent of the decision together
with short particulars of the reasons for the decision.
page 41
Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 6 Impairment matters
s. 61
Division 6 -- Impairment matters
61. Request by medical radiation technologist for imposition of
condition
(1) A medical radiation technologist who believes that his or her
ability to practise medical radiation technology is affected
5
because of an impairment matter may ask the Board to impose a
condition with respect to his or her registration.
(2) If the Board and the medical radiation technologist agree upon
the condition to be imposed, the Board is to impose that
condition with respect to his or her registration.
10
(3) If the Board and the medical radiation technologist do not agree
upon the condition to be imposed, the Board is to refer the
matter to the impairment review committee for investigation
under this Division.
62. Revocation of condition
15
The Board may revoke a condition imposed under section 61 if
the medical radiation technologist satisfies the impairment
review committee that his or her ability to practise medical
radiation technology is no longer affected because of the
impairment matter that gave rise to the imposition of the
20
condition.
63. Investigation
The impairment review committee is to investigate a complaint
referred to it.
64. Medical radiation technologist to be notified about
25
investigation
(1) The impairment review committee is to give written notice of
the investigation to the medical radiation technologist to whom
the complaint relates.
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Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 6
Impairment matters
s. 65
(2) The notice must --
(a) advise the medical radiation technologist of the nature of
the impairment matter to be investigated;
(b) if the impairment review committee considers that an
examination of the medical radiation technologist is
5
necessary, ask the medical radiation technologist to
advise the committee as to whether or not he or she will
agree to undergo an examination relating to the
impairment matter within a period specified by the
committee in the notice; and
10
(c) contain a brief summary of the effect of this Division.
65. Examination
(1) If the medical radiation technologist agrees to undergo an
examination within the period specified in the notice under
section 64(2)(b), the medical radiation technologist is to be
15
examined by a medical practitioner agreed upon by the
impairment review committee and the medical radiation
technologist.
(2) If the impairment review committee and the medical radiation
technologist are unable to agree upon the person to conduct the
20
examination, the Board is to appoint a medical practitioner to
perform the examination.
(3) The Board is to pay for an examination conducted under this
section and a report provided under section 66.
(4) If the medical radiation technologist does not agree to undergo
25
an examination within the period specified in the notice under
section 64(2)(b) or does not abide by an agreement to undergo
such an examination, the impairment review committee is to
recommend to the Board that the Board make an allegation
about the complaint to the State Administrative Tribunal.
30
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Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 6 Impairment matters
s. 66
66. Report of examination
(1) A medical practitioner who conducts an examination under
section 65 is to give a report of the examination to the
impairment review committee and, not more than 7 days later,
the committee is to give a copy of the report to the medical
5
radiation technologist.
(2) Despite subsection (1), if it appears to the impairment review
committee that the disclosure to the medical radiation
technologist of information in the report might be prejudicial to
the physical or mental health or wellbeing of the medical
10
radiation technologist, the committee may decide not to give
that report to the medical radiation technologist but to give it
instead to a medical practitioner or another medical radiation
technologist nominated by the medical radiation technologist.
(3) If the medical radiation technologist does not nominate a
15
medical practitioner or another medical radiation technologist to
the impairment review committee within 7 days of being
requested to do so by the committee, the committee may give
the report to a medical practitioner or medical radiation
technologist selected by the committee.
20
(4) The medical radiation technologist may make written
representations to the impairment review committee with
respect to the report within 7 days after the report is given to
him or her or the medical practitioner or medical radiation
technologist nominated by him or her or selected by the
25
committee.
67. Role of the impairment review committee
(1) On completion of the investigation of a medical radiation
technologist and after considering --
(a) any report given to the committee under section 66(1);
30
and
(b) any representations made by the medical radiation
technologist under section 66(4),
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Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 6
Impairment matters
s. 68
the impairment review committee is to decide whether or not
further action should be taken.
(2) If the impairment review committee decides that further action
should be taken, it is to request that the medical radiation
technologist consent --
5
(a) to the imposition of conditions on his or her registration;
(b) to being suspended from the practice of medical
radiation technology for a period, not exceeding 2 years,
specified by the impairment review committee; or
(c) to undergo counselling specified by the impairment
10
review committee.
(3) If the impairment review committee decides that no further
action should be taken it is to give written advice to that effect
to --
(a) the Board;
15
(b) the complainant, if any; and
(c) the medical radiation technologist.
68. Recommendation
(1) If the medical radiation technologist does not consent to a
request made under section 67(2) within 10 days of the request
20
being made, the impairment review committee is to recommend
to the Board that the Board make an allegation about the
complaint to the State Administrative Tribunal.
(2) If the medical radiation technologist does consent to a request
made under section 67(2) within 10 days of the request being
25
made, the impairment review committee is to recommend to the
Board that the Board take any action to which the medical
radiation technologist consented.
(3) A recommendation made under subsection (1) or (2) must be
made in writing and contain details of the committee's
30
investigation of the medical radiation technologist.
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Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 69
69. Role of Board
(1) The Board is to consider a recommendation of the impairment
review committee and may --
(a) decide not to take any action;
(b) take any action to which the medical radiation
5
technologist consented under section 67(2); or
(c) make an allegation about the complaint to the State
Administrative Tribunal.
(2) For the purpose of taking action to which the medical radiation
technologist consented under section 67(2), the Board may --
10
(a) impose the conditions to which the medical radiation
technologist consented;
(b) suspend the medical radiation technologist from the
practice of medical radiation technology for the period
specified by the impairment review committee; or
15
(c) obtain an undertaking from the medical radiation
technologist to undergo the counselling specified by the
impairment review committee,
as the case may require.
(3) Within 7 days of making a decision under subsection (1) or (2),
20
the Board is to give written notice to the medical radiation
technologist and the complainant, if any, of the decision
together with short particulars of the reasons for the decision.
Division 7 -- Investigator's role and powers
70. Interpretation
25
In this Division --
"appointing body", in relation to an investigator, means the
Board or the complaints assessment committee which
appointed the investigator.
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Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 7
Investigator's role and powers
s. 71
71. Investigator
(1) The Board or the complaints assessment committee may appoint
a person to investigate a complaint and report to the Board or
committee.
(2) An appointing body is to issue to each investigator it appoints a
5
certificate of appointment in an approved form.
(3) A certificate purporting to have been issued under this section is
evidence in any court of the appointment to which the certificate
purports to relate.
72. Report of investigator
10
(1) An investigator is to --
(a) within such period as the appointing body requires
prepare a report on the investigation, and make
recommendations as to the manner in which the
complaint should be dealt with; and
15
(b) immediately after preparing the report, provide the
appointing body with a copy of the report.
(2) The investigator is to return his or her certificate of appointment
at the time the appointing body is provided with a copy of the
report.
20
73. Powers of investigator
(1) An investigator may for the purposes of an investigation --
(a) enter and inspect the premises named in a warrant issued
under section 75(1), and exercise the powers authorised
under section 75(2)(b) and (c);
25
(b) require a person 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;
(c) inspect any document or other thing produced to the
30
investigator and retain it for such reasonable period as
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Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 73
the investigator thinks fit, and make copies of a
document or any of its contents;
(d) require a person --
(i) to give the investigator such information as the
investigator requires; and
5
(ii) to answer any question put to that person,
in relation to the matter the subject of the investigation;
and
(e) exercise other powers conferred on an investigator by
the regulations.
10
(2) A requirement made under subsection (1)(b) --
(a) must be made by notice in writing given to the person
required to produce the document or other thing;
(b) must specify the time at or within which the document
or other thing is to be produced;
15
(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,
is to be treated as a requirement to produce --
20
(i) the document itself; and
(ii) the contents of the document in a readable
format.
(3) A requirement made under subsection (1)(d) --
(a) may be made orally or by notice in writing served on the
25
person required to give information or answer a
question, as the case may be;
(b) must specify the time at or within which the information
is to be given or the question is to be answered, as the
case may be; and
30
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Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 7
Investigator's role and powers
s. 74
(c) may, by its terms, require that the information or answer
required --
(i) be given orally or in writing;
(ii) be given at or sent or delivered to a place
specified in the requirement;
5
(iii) in the case of written information or answers be
sent or delivered by means specified in the
requirement; or
(iv) be verified by statutory declaration.
(4) If under subsection (1)(b) an investigator requires a person to
10
produce any document or other thing concerning the
investigation that is in the possession or under the control of the
person, the investigator is to inform that person that the person
is required under this Act to produce the document or thing.
(5) If under subsection (1)(d) an investigator requires a person to
15
give information or answer a question, the investigator is to
inform that person that the person is required under this Act to
give the information or answer the question.
(6) An investigator is to produce his or her certificate of
appointment if requested to do so by a person in respect of
20
whom the investigator has exercised, or is about to exercise, a
power under this section.
74. Warrant to enter premises
(1) If the Board has determined in a particular case that an
investigator has reasonable grounds for believing that entry to
25
premises is necessary for the purpose of substantiating a
complaint that may involve a threat to the physical or mental
health of a person 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 --
30
(a) be in writing;
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Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 75
(b) be accompanied by a notice in writing from the Board
stating that it has determined in the particular case that
the investigator has reasonable grounds for believing
that entry to premises is necessary for the purpose of
substantiating a complaint that may involve a threat to
5
the physical or mental health of a person;
(c) set out the grounds for seeking the warrant; and
(d) describe the premises that are to be entered.
(3) A magistrate to whom an application is made under this section
is to refuse it if --
10
(a) the application does not comply with the requirements
of this Act; or
(b) when required to do so by the magistrate, the
investigator does not give to the magistrate more
information about the application.
15
(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
purpose administer an oath or affirmation or take an affidavit.
75. Issue of warrant
20
(1) A magistrate to whom an application is made under section 74
may issue a warrant, if satisfied that there are reasonable
grounds for believing that entry and inspection of the premises
are necessary for the purpose referred to in that section.
(2) A warrant under subsection (1) authorises the investigator --
25
(a) to enter and inspect the premises named in the warrant;
(b) to require a person on the premises to answer questions
or produce documents or other things concerning the
investigation that are in the possession or under the
control of the person; and
30
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Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 8
Conciliation
s. 76
(c) to inspect documents and other things, and take copies
of or extracts from documents, produced in compliance
with a requirement made under paragraph (b).
(3) There must be stated in a warrant --
(a) the purpose for which the warrant is issued;
5
(b) the name of the person to whom the warrant is issued;
and
(c) a description of the premises that may be entered.
(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
10
on to justify the issue of the warrant.
76. Execution of warrant
(1) If asked by an occupier, or a person in charge, of premises, the
person executing a warrant at those premises is to produce it for
inspection.
15
(2) A warrant ceases to have effect --
(a) at the end of the period of one month after its issue;
(b) if it is withdrawn by the magistrate who issued it; or
(c) when it is executed,
whichever occurs first.
20
Division 8 -- Conciliation
77. Conciliation process
(1) If an attempt is to be made to settle a complaint by conciliation,
the Board is to refer the complaint to the complaints assessment
committee.
25
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Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 8 Conciliation
s. 77
(2) The complaints assessment committee is to 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, or
5
their representatives, to be arranged and to be presided
over by a person appointed in accordance with the
regulations;
(b) give advice and make recommendations to assist in the
reaching of an agreement; and
10
(c) cause the persons concerned, 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 that
agreement, by order give effect to an agreement negotiated
15
under this Division.
(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 might have been
taken by the State Administrative Tribunal under
section 79(1) or 80(1).
(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 Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 9
Role of the State Administrative Tribunal
s. 78
78. 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;
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 a summary order under Division 4;
(e) investigate the complaint; or
(f) make an allegation about the complaint to the State
Administrative Tribunal.
Division 9 -- Role of the State Administrative Tribunal
15
79. Powers of the State Administrative Tribunal on dealing with
a disciplinary matter
(1) If, in a proceeding commenced by an allegation under this Act
against a medical radiation technologist, the State
Administrative Tribunal is of the opinion that a disciplinary
20
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
25
register in respect of the person;
(c) caution or reprimand the person;
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Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 9 Role of the State Administrative Tribunal
s. 79
(d) require the person --
(i) if the patient agrees, to provide further services
to a patient at no cost or at an amount determined
by the Tribunal;
(ii) to pay, wholly or in part, for further services to
5
be provided to a patient by another medical
radiation technologist; or
(iii) to reduce or refund the amount of any fees paid
in respect of services provided to a patient, to
such an extent as is determined by the Tribunal;
10
(e) order that the person comply with such conditions as the
Tribunal may impose on the registration of that person;
(f) require the person to complete educational or clinical
courses, or both, as specified in the order or to practise
under supervision as specified in the order for a period
15
specified in the order;
(g) require the person to seek and implement, within a
period specified in the order, advice from a person or
persons specified in the order in relation to the
management and conduct of the person's practice of
20
medical radiation technology, or the specific part or
aspect of the practice specified in the order;
(h) order the person to pay a penalty not exceeding a fine of
$25 000;
(i) order that the person's registration be cancelled in
25
relation to all areas of medical radiation technology for
which the person is registered and name be removed
from the register;
(j) order that the person be suspended from the practice of
medical radiation technology either generally or in
30
relation to any specified area, circumstances or service
for a period, not exceeding 2 years, specified in the
order.
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Medical Radiation Technologists Bill 2005
Part 5
Disciplinary and impairment matters
Division 9
Role of the State Administrative Tribunal
s. 80
(2) If, in a proceeding commenced by an allegation under this Act
against a person who was a medical radiation technologist when
the disciplinary matter allegedly occurred but who is no longer a
medical radiation technologist, the State Administrative
Tribunal is of the opinion that a disciplinary matter exists in
5
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 (h).
80. Powers of the State Administrative Tribunal on dealing with
an impairment matter
10
(1) If, in a proceeding commenced by an allegation under
section 69(1)(c), the State Administrative Tribunal is of the
opinion that an impairment matter exists in relation to a person,
the Tribunal may do one or more of the following --
(a) decline to make an order or a requirement under this
15
subsection;
(b) order that the person comply with such conditions as the
Tribunal may impose on the registration of that person;
(c) require the person to seek and undergo medical
treatment or counselling specified by the Tribunal;
20
(d) order that the person be suspended from the practice of
medical radiation technology either generally or in
relation to any specified area, circumstances or service
for the period of time, not exceeding 2 years, specified
by the State Administrative Tribunal in the order.
25
(2) If, during the course of hearing an allegation in respect of an
impairment matter, the State Administrative Tribunal
determines that the allegation involves a disciplinary matter, the
Tribunal may deal with it under section 79(1) or (2) instead of
under this section.
30
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Medical Radiation Technologists Bill 2005
Part 5 Disciplinary and impairment matters
Division 10 Miscellaneous
s. 81
Division 10 -- Miscellaneous
81. Suspension
(1) If, under section 55(1)(c), 69(2)(b), 79(1)(j) or 80(1)(d), a
person is suspended from the practice of medical radiation
technology generally, the person is to be regarded as not being
5
registered during the period of the suspension.
(2) If, under section 55(1)(c), 79(1)(j) or 80(1)(d), a person is
suspended from the practice of medical radiation technology in
relation to any specified area, circumstances or service, the
person is to be regarded as not being registered during the
10
period of the suspension in relation to the area or circumstances
or the performance of the service specified in the order of
suspension.
(3) The Board may, by notice in writing, revoke a suspension,
either generally or to a specified extent, and may direct in the
15
notice that the revocation has effect from a date specified in the
notice.
(4) The Board cannot revoke a suspension that was imposed by the
State Administrative Tribunal under section 79(1)(j) or 80(1)(d)
unless it has applied for, and obtained, the approval of the
20
Tribunal to do so.
82. Costs and recovery
(1) The Board may, in addition to or instead of exercising a power
under section 59(1) or 69(1), order the respondent to pay such
costs and expenses of or arising from the investigation and
25
exercise of that power as the Board thinks fit.
(2) Any costs or expenses ordered to be paid under this section are
recoverable by the Board in a court of competent jurisdiction as
a debt due to the Board.
page 56
Medical Radiation Technologists Bill 2005
Part 6
Offences
s. 83
Part 6 -- Offences
83. Use of title "medical radiation technologist" or a restricted
title or pretending to be registered
A person must not --
(a) use the title "medical radiation technologist" unless the
5
person is a medical radiation technologist;
(b) use a title as defined in paragraph (a) of the definition of
"restricted title" in section 3 unless that person is a
medical radiation technologist registered in the area of
medical imaging technology;
10
(c) use a title as defined in paragraph (b) of the definition of
"restricted title" in section 3 unless that person is a
medical radiation technologist registered in the area of
nuclear medicine technology;
(d) use a title as defined in paragraph (c) of the definition of
15
"restricted title" in section 3 unless that person is a
medical radiation technologist registered in the area of
radiation therapy; or
(e) advertise, or otherwise hold out or imply, that the person
is registered or entitled, either alone or with others, to
20
practise medical radiation technology.
Penalty:
(a) for a first offence, a fine of $2 500; and a daily
penalty of $100;
(b) for a second or subsequent offence, a fine of $5 000;
25
and a daily penalty of $200.
84. Failure to comply with disciplinary action
A person must not contravene or fail to comply with an order of
the Board given to that person under section 55 or 60.
Penalty:
30
(a) for an individual, a fine of $5 000;
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Medical Radiation Technologists Bill 2005
Part 6 Offences
s. 85
(b) for a body corporate, a fine of $10 000.
85. 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;
5
(b) in relation to the compliance, or purported compliance,
with any requirement of this Act to give the Board or the
registrar advice or information; or
(c) in relation to an attempt at conciliation under section 77.
Penalty: a fine of $24 000 or imprisonment for 2 years.
10
(2) The things to which subsection (1) applies are --
(a) making a statement which the person knows is false or
misleading in a material particular;
(b) making a statement which is false or misleading in a
material particular, with reckless disregard as to whether
15
or not the statement is false or misleading in a material
particular;
(c) providing, or causing to be provided, information that
the person knows is false or misleading in a material
particular; or
20
(d) providing, or causing to be provided, information that is
false or misleading in a material particular, with reckless
disregard as to whether the information is false or
misleading in a material particular.
86. Offences in relation to investigation
25
(1) Where under section 73 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) --
(a) fails to give that information or answer that question at
30
or within the time specified in the requirement;
page 58
Medical Radiation Technologists Bill 2005
Part 6
Offences
s. 87
(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
time specified in the requirement,
the person commits an offence.
5
Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
(2) It is a defence in any proceeding for an offence under
subsection (1)(a) or (c) for the accused to show --
10
(a) that, in the case of an alleged offence arising out of a
requirement made orally under section 73, the
investigator did not, when making the requirement,
inform the accused that he or she was required under
this Act to give the information or answer the question,
15
as the case may be;
(b) that, in the case of an alleged offence arising out of a
requirement made by notice in writing under section 73,
the notice did not state that he or she was required under
this Act to give the information, answer the question, or
20
produce the document or thing, as the case may be;
(c) that the time specified in the requirement did not afford
the accused sufficient notice to enable him or her to
comply with the requirement; or
(d) that, in any case, the investigator did not, before making
25
the requirement, have reasonable grounds to believe that
compliance with the requirement would materially assist
in the investigation being carried out.
87. Obstruction of investigator
A person must not prevent or attempt to prevent an investigator
30
from entering premises or otherwise obstruct or impede an
page 59
Medical Radiation Technologists Bill 2005
Part 6 Offences
s. 88
investigator in the exercise of his or her powers under
section 73.
Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
5
88. Assistance to execute warrant
A medical radiation technologist, and any person --
(a) who engages or employs the medical radiation
technologist to practise medical radiation technology;
(b) who is engaged or employed by the medical radiation
10
technologist in the medical radiation technologist's
practice; or
(c) with whom the medical radiation technologist practises
medical radiation technology in partnership,
at the premises named in the warrant is to provide all reasonable
15
assistance to an investigator executing the warrant issued under
section 75.
Penalty:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
20
89. Surrender of certificate
(1) Where --
(a) a person's registration is cancelled and name removed
from the register; or
(b) a person is suspended from the practice of medical
25
radiation technology,
the person is, within 14 days after the day on which the person
is notified by the Board of the cancellation and removal of name
or suspension, to surrender to the Board his or her certificate of
registration.
30
Penalty: a fine of $1 000.
page 60
Medical Radiation Technologists Bill 2005
Part 6
Offences
s. 90
(2) Where a person's registration is cancelled in an area but not all
areas of medical radiation technology, the person is, within
14 days after the day on which the person is notified by the
Board of the cancellation, to surrender to the Board his or her
certificate of registration.
5
Penalty: a fine of $1 000.
(3) The Board may direct in writing that a person who is suspended
from the practice of medical radiation technology under
section 55 is not obliged to comply with subsection (1) and, in
that case, the subsection does not apply to that person.
10
(4) It is a defence to a prosecution for an offence against
subsection (1) or (2) if the accused satisfies the court that the
failure to surrender the certificate was due to its loss or
destruction.
90. Incriminating information, questions, or documents
15
An individual is not excused from complying with a
requirement under section 73 on the ground that the 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 --
20
(a) an answer given by the individual that was given to
comply with the requirement; nor
(b) the fact that a document or other thing produced by the
individual to comply with the requirement was
produced,
25
is admissible in evidence in any civil or criminal proceedings
against the individual other than proceedings for an offence
against section 86(1)(b).
91. Legal professional privilege
Nothing in Part 5 or this Part prevents a person from refusing to
30
answer a question, provide information or produce a document
or other thing because the answer or information would relate
page 61
Medical Radiation Technologists Bill 2005
Part 6 Offences
s. 91
to, or the document or thing contains, information in respect of
which the person claims legal professional privilege.
page 62
Medical Radiation Technologists Bill 2005
Part 7
Codes of practice, rules and regulations
s. 92
Part 7 -- Codes of practice, rules and regulations
92. Application of Part
The powers conferred in this Part to --
(a) issue codes of practice; and
(b) make rules and regulations,
5
do not extend to issuing a code of practice or making a rule or
regulation relating to the safe operation or use by a medical
radiation technologist of a radioactive substance, irradiating
apparatus or electronic product as those terms are defined in the
Radiation Safety Act 1975 section 4.
10
93. Codes of practice
(1) The Board may, with the approval of the Minister, issue codes
of practice for the practice of medical radiation technology and
the conduct of medical radiation technologists.
(2) The code of practice may adopt the provisions of other
15
publications, whether with or without modification or addition
and whether in force at a particular time or from time to time.
(3) A breach of a code of practice does not of itself constitute a
disciplinary matter for the purposes of section 48 but in any
proceedings under Part 5 such a breach may be asserted and
20
may be taken into account in determining any question that
arises under that Part.
(4) Except as provided in subsection (3), no civil or criminal
liability attaches to a person by reason only that the person has
committed a breach of a code of practice.
25
(5) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
the code of practice as if the code of practice were regulations.
page 63
Medical Radiation Technologists Bill 2005
Part 7 Codes of practice, rules and regulations
s. 94
94. Rules
(1) The Board may make rules prescribing all matters required or
permitted by this Act to be prescribed by rules or necessary or
convenient to be prescribed for carrying out this Act.
(2) Without limiting subsection (1), rules may be made for all or
5
any of the following purposes --
(a) prescribing the courses of study and training, including
practical experience, to be undertaken, and the
examinations to be passed, by persons desiring to be
registered under this Act, and determining the
10
qualifications to be held by persons wanting to study
medical radiation technology;
(b) regulating the holding of examinations and the
appointment of examiners and for the issue of diplomas
or certificates to persons passing the examinations;
15
(c) regulating the practice of medical radiation technology
by medical radiation technologists and the manner of
carrying on that practice;
(d) prescribing what diplomas, degrees or certificates of
schools of medical radiation technology or other
20
evidence of qualification will be recognised and
accepted by the Board as a substitute for the
examinations of the Board, and whether immediately or
after further training;
(e) regulating the manner in which medical radiation
25
technologists may advertise or display or publicise their
practice of medical radiation technology.
(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
30
Interpretation Act 1984 Part VI.
page 64
Medical Radiation Technologists Bill 2005
Part 7
Codes of practice, rules and regulations
s. 95
(5) The rules may provide that contravention of a rule is an offence,
and provide, for an offence against the rules, a penalty not
exceeding a fine of $5 000.
95. Regulations
(1) The Governor may make regulations --
5
(a) prescribing all matters that are required or permitted by
the Act to be prescribed by regulation; and
(b) with respect to any matter on which the Board may
make rules.
(2) Without limiting subsection (1), regulations may be made for all
10
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
applications for and the amendment or renewal of
15
registration;
(c) maintaining the accuracy of the register;
(d) regulating the issue, display and use of certificates of
registration;
(e) regulating the manner of making to the complaints
20
assessment committee 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 5;
(g) regulating the conduct of conciliation conferences under
25
section 77 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
30
Board, and the manner in which they are to be given;
page 65
Medical Radiation Technologists Bill 2005
Part 7 Codes of practice, rules and regulations
s. 96
(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.
(4) The regulations may provide that contravention of a regulation
5
is an offence, and provide, for an offence against the
regulations, a penalty not exceeding a fine of $5 000.
96. Forms
Forms that are convenient for the purposes of this Act may
be --
10
(a) prescribed by the regulations or rules; or
(b) approved.
page 66
Medical Radiation Technologists Bill 2005
Part 8
Miscellaneous
s. 97
Part 8 -- Miscellaneous
97. 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 5 --
(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.
98. Notice of decision to be given
(1) Subsection (2) applies to the following decisions --
(a) any decision refusing an application to the Board for
registration;
25
(b) any decision to impose, or vary, a condition under
section 27, 28, 29, 30 or 35(4), otherwise than by
consent;
(c) any decision under section 29(4); or
page 67
Medical Radiation Technologists Bill 2005
Part 8 Miscellaneous
s. 99
(d) any decision to remove a name from the register under
section 41.
(2) If the Board makes a decision to which this subsection applies,
it is to record the grounds on which the decision was based, and
its reasons, and is as soon as is practicable, but in any case not
5
later than 30 days after making the decision, to give written
notice of the decision, together with those grounds and reasons,
to the person to whom the decision relates.
99. Review
A person who is aggrieved by --
10
(a) an order under section 55 or 60; or
(b) a decision referred to in section 98(1),
may apply to the State Administrative Tribunal for a review of
the order or decision.
100. Publication of proceedings etc.
15
(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 registrar;
(b) the Radiological Council;
(c) any committee or any member of a committee or person
20
referred to in section 15(5);
(d) any board or authority outside the State charged with
regulating the registration and supervision of medical
radiation technologists or any officer or agent of, or
person engaged or employed by, the board or authority;
25
(e) 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 97, no action, claim or
demand lies against a person to whom this subsection applies in
30
respect of the communication or publication in good faith of any
page 68
Medical Radiation Technologists Bill 2005
Part 8
Miscellaneous
s. 101
finding, reason or decision of the Board, the complaints
assessment committee, the impairment review committee or the
State Administrative Tribunal.
(3) The Board may give notice of a finding, reason or decision of
the Board, the complaints assessment committee, the
5
impairment review committee or the State Administrative
Tribunal in respect of a person to --
(a) any person referred to in subsection (1)(d) or (e);
(b) the Radiological Council;
(c) any body that has granted the person a qualification that
10
is entered in the register;
(d) any relevant professional association or trade union of
which the person is a member;
(e) any person who has engaged or employed the person to
practise medical radiation technology or any person with
15
whom the person practises medical radiation technology
in partnership; and
(f) any other person who, in the opinion of the Board,
should be made aware of the finding, reason or decision,
and may publish notice of the finding, reason or decision in the
20
Gazette or in such other manner as the Board thinks fit.
101. 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.
25
(2) All proceedings for offences against this Act are to be heard by
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
30
(b) the authorisation of a person under subsection (1),
page 69
Medical Radiation Technologists Bill 2005
Part 8 Miscellaneous
s. 102
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 --
5
(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 medical radiation technology, on
10
any day or days or during a period mentioned in the
certificate, is evidence of the matters so stated;
(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
15
statement, is evidence of the facts appearing in that
copy, extract or statement; and
(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
20
under paragraph (b).
(5) A notice or appointment purporting to be signed by the
chairperson or a person referred to in section 50(5)(b)
or 51(4)(b) is to be presumed to be duly signed until the
contrary is shown.
25
102. 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
time of the alleged offence may also be charged with the
offence.
30
(2) If a body corporate and an officer are charged as permitted by
subsection (1) and the body corporate is convicted of the
page 70
Medical Radiation Technologists Bill 2005
Part 8
Miscellaneous
s. 103
offence, the officer is to be taken to have also committed the
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
5
time the offence was committed may be charged with the
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
10
to subsection (5).
(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
15
(b) that the officer took all the measures to prevent the
commission of the offence that he or she could
reasonably be expected to have taken having regard to
the officer's functions and to all the circumstances.
103. Review of Act
20
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiration of 5 years from its commencement, and in the course
of that review the Minister is to consider and have regard to --
(a) the effectiveness of the operations of the Board;
25
(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.
(2) The Minister is to prepare a report based on the review made
30
under subsection (1) and as soon as is practicable after the
page 71
Medical Radiation Technologists Bill 2005
Part 8 Miscellaneous
s. 104
preparation of the report, cause it to be laid before each House
of Parliament.
104. Transitional provisions
Schedule 2 sets out transitional provisions.
105. Consequential amendments
5
Schedule 3 sets out consequential amendments.
page 72
Medical Radiation Technologists Bill 2005
Schedule 1
Constitution and proceedings of the Board
Division 1
General provisions
cl. 1
Schedule 1 -- Constitution and proceedings of the Board
[s. 7]
Division 1 -- General provisions
1. Term of office
(1) Subject to clause 4, a member of the Board holds office for such term,
5
not exceeding 3 years, as is specified in the member's instrument of
appointment.
(2) Subject to subclause (3), a member of the Board is not to hold office
for more than 9 years, consecutively or otherwise.
(3) If in the opinion of the Minister there are special reasons for doing so,
10
a person may be appointed so that he or she holds office for more than
9 years, consecutively or otherwise.
2. Functions of deputy presiding member
(1) The deputy presiding member is to perform the functions of the
presiding member when the presiding member is unable to do so by
15
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
for his or her so acting had not arisen or had ceased.
20
3. Deputy members
(1) The Minister may appoint an eligible person to be a deputy of a
member and may terminate such an appointment at any time.
(2) The provisions of section 5 that apply to and in relation to the
appointment of a member apply, with any necessary modification, to
25
and in relation to the appointment of the deputy of that member.
(3) A deputy of a member may perform the functions of the member
when the member is unable to do so by reason of illness, absence or
other cause.
page 73
Medical Radiation Technologists Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 1 General provisions
cl. 4
(4) 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.
(5) A deputy of a member, while acting as a member, has all the
functions of and all the protection given to a member.
5
(6) 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
10
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 --
15
(a) for mental or physical disability, incompetence, neglect of
duty or misconduct that impairs the performance of the
member's duties;
(b) if the member is an insolvent under administration, as that
term is defined in the Corporations Act section 9;
20
(c) 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
(d) for any other act or omission that in the opinion of the
Minister may cause prejudice or injury to the Board.
25
(4) A member of the Board must 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 radiation technologist, the registration of the member
under this Act is suspended.
30
5. General procedure concerning meetings
(1) The presiding member is to preside at all meetings of the Board at
which he or she is present.
page 74
Medical Radiation Technologists Bill 2005
Schedule 1
Constitution and proceedings of the Board
Division 1
General provisions
cl. 6
(2) If both the presiding member and deputy presiding member are absent
from a meeting the members present are to appoint one of their
number to preside.
(3) A quorum for a meeting of the Board is 5 members.
(4) The procedure for convening meetings of the Board and the conduct
5
of business at those meetings is, subject to this Act, to be as
determined by the Board.
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.
10
(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
15
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
20
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
25
the proceedings at each meeting of the Board and of each resolution
passed by the Board.
page 75
Medical Radiation Technologists Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 2 Disclosure of interests etc.
cl. 10
Division 2 -- Disclosure of interests etc.
10. Meaning of "member"
In this Division --
"member" means a member of the Board or a member of a
committee, as the case may be.
5
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
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
10
of the Board or the committee.
Penalty: a fine of $10 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
12. Exclusion of interested member
15
(1) A member who has a material personal interest in a matter that is
being considered by the Board or a committee --
(a) must not vote, whether at a meeting or otherwise, on the
matter; and
(b) must not be present while the matter is being considered at a
20
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.
13. Board or committee may resolve that clause 12 inapplicable
25
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
that the interest should not disqualify the member from
30
considering or voting on the matter.
page 76
Medical Radiation Technologists Bill 2005
Schedule 1
Constitution and proceedings of the Board
Division 2
Disclosure of interests etc.
cl. 14
14. Quorum where clause 12 applies
(1) Despite clause 5(3), when the Board is dealing with a matter in
relation to which a member of the Board is disqualified under
clause 12, 4 members who are entitled to vote on any motion that may
be moved in relation to the matter constitute a quorum.
5
(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 or 14 inapplicable
(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
10
purpose of dealing with particular proposed resolutions.
(2) The Minister is to, within 14 sitting days after a declaration under
subclause (1) is made, cause a copy of the declaration to be laid
before each House of Parliament.
page 77
Medical Radiation Technologists Bill 2005
Schedule 2 Transitional provisions
cl. 1
Schedule 2 -- Transitional provisions
[s. 104]
1. Term used in this Schedule
In this Schedule --
"commencement day" means the day on which this Act comes into
5
operation.
2. Transitional provision for persons practising medical radiation
technology
A person practising in one or more areas of medical radiation
technology immediately before the commencement day and who
10
would otherwise be required to be registered for the purposes of this
Act is to be treated as if he or she were registered under Part 4 in
respect of that area or those areas --
(a) until the expiry of 6 months after the commencement day; or
(b) until --
15
(i) registration of that person is refused by the Board;
and
(ii) the time for applying for a review under section 99 of
a decision refusing an application to the Board for
registration has expired without an application being
20
made or an application has been made but has been
unsuccessful or proceedings on the application have
been dismissed or struck out,
whichever happens first.
3. Persons practising medical radiation technology but not eligible
25
for registration under Part 4
(1) Despite anything else in this Act, a person practising in one or more
areas of medical radiation technology immediately before the
commencement day may continue to do so if registered under this
clause.
30
page 78
Medical Radiation Technologists Bill 2005
Schedule 2
Transitional provisions
cl. 4
(2) The Board, on payment of the registration fee, if any, prescribed by
the regulations, is to register a person under this clause if --
(a) the person applies to the Board for registration under this
clause within 6 months after the commencement day; and
(b) the Board is satisfied that the person meets the requirements
5
of section 27(2)(a), (b), (c), (d) and (e) and --
(i) has practised in one or more areas of medical
radiation technology within the 5 years immediately
preceding the application; and
(ii) during that period of time has derived his or her
10
primary source of income from that practice.
(3) For the purposes of this Act, a person who is registered under this
clause is to be treated as if he or she were registered under Part 4 in
respect of that area or those areas.
4. Membership of Board
15
For the purposes of the first appointments of members under
section 5(1)(a), (b) and (c), a person is taken to be a medical radiation
technologist registered in respect of the relevant area of medical
radiation technology if, in the opinion of the Minister, that person is
eligible under section 27(2)(a), (b), (c), (d) and (e) to be registered in
20
respect of that area.
page 79
Medical Radiation Technologists Bill 2005
Schedule 3 Consequential amendments
cl. 1
Schedule 3 -- Consequential amendments
[s. 105]
1. Civil Liability Act 2002 amended
(1) The amendment in this clause is to the Civil Liability Act 2002*.
[* Act No. 35 of 2002.
5
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 65.]
(2) Section 5PA is amended after paragraph (d) of the definition of
"health professional" by inserting the following paragraph --
"
10
(da) a medical radiation technologist as
defined in the Medical Radiation
Technologists Act 2005 section 3;
".
2. Constitution Acts Amendment Act 1899 amended
15
(1) The amendment in this clause is to the Constitution Acts Amendment
Act 1899*.
[* Reprint 13 as at 18 March 2005.
For subsequent amendments see Acts Nos. 59 and 70 of 2004 and
1 and 2 of 2005.]
20
(2) Schedule V Part 3 is amended by inserting the following item in the
appropriate alphabetical position --
"
The Medical Radiation Technologists Registration Board of
Western Australia established under the Medical
25
Radiation Technologists Act 2005.
".
3. Health Professionals (Special Events Exemption) Act 2000
amended
(1) The amendment in this clause is to the Health Professionals (Special
30
Events Exemption) Act 2000*.
[* Act No. 7 of 2000.]
page 80
Medical Radiation Technologists Bill 2005
Schedule 3
Consequential amendments
cl. 4
(2) Section 3(1) is amended in the definition of "Health Registration Act"
by inserting the following in the appropriate alphabetical position --
Medical Radiation Technologists Act 2005; ".
"
4. Health Services (Conciliation and Review) Act 1995 amended
(1) The amendment in this clause is to the Health Services (Conciliation
5
and Review) Act 1995*.
[* Reprint 2 as at 18 Mar 2005.]
(2) After Schedule 1 item 3 the following item is inserted --
"
3a. The Medical Radiation Technologists Registration
Board of Western Australia established under the
Medical Radiation Technologists Act 2005.
".
10
5. Radiation Safety Act 1975 amended
(1) The amendments in this clause are to the Radiation Safety Act 1975*.
[* Reprinted as at 25 February 2000.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 375.]
15
(2) Section 4(1) is amended as follows:
(a) by inserting the following definition in the appropriate
alphabetical position --
"
"medical radiation technologist" has the meaning
20
given to that term in section 3 of the Medical
Radiation Technologists Act 2005;
";
(b) by deleting the definition of "section".
(3) Section 4(2) is repealed.
25
(4) Section 4 is amended by deleting the subsection designation "(1)".
(5) Section 5 is repealed.
page 81
Medical Radiation Technologists Bill 2005
Schedule 3 Consequential amendments
cl. 5
(6) Section 13(2) is amended as follows:
(a) in paragraph (b) by deleting "5" and inserting instead --
6 ";
"
(b) in paragraph (b) by deleting "7" and inserting instead --
8 ";
"
5
(c) after paragraph (b)(v) by deleting "and";
(d) after paragraph (b)(vi) by deleting the full stop and inserting
instead --
"
; and
10
(vii) one shall be a medical radiation
technologist.
".
(7) After section 24 the following section is inserted in Part II --
"
15
24A. Disclosure of information to the Medical Radiation
Technologists Board of Western Australia
(1) The Council shall furnish to the Board as defined in
section 3 of the Medical Radiation Technologists
Act 2005 written advice if --
20
(a) a licence held by a medical radiation
technologist under the Radiation Safety
Act 1975 is revoked, surrendered, not renewed
or its operation is suspended;
(b) a condition, restriction or limitation in relation
25
to such a licence is imposed or varied; or
(c) proceedings are commenced against a medical
radiation technologist for an offence under
section 52.
(2) The advice referred to in subsection (1) must be given
30
no later than 30 days after the revocation, surrender,
page 82
Medical Radiation Technologists Bill 2005
Schedule 3
Consequential amendments
cl. 5
refusal to renew, suspension, imposition, variation or
commencement of proceedings.
".
(8) Section 27(2) is amended as follows:
(a) in paragraph (b) by inserting before "he was lawfully" --
5
"
if the person is not practising in an area of
medical radiation technology as defined in
section 3 of the Medical Radiation
Technologists Act 2005,
10
";
(b) after paragraph (b) by deleting "or" and inserting --
"
(ba) he was --
(i) a medical radiation technologist
15
engaged in professional practice;
(ii) the holder of a relevant licence under
this Act authorising him so to do; and
(iii) acting in accordance with a written
request referred to in section 26(2)
20
or (2a);
(bb) he was --
(i) a medical radiation technologist whose
registration was subject to a condition
that his practice in an area of medical
25
radiation technology be subject to
direction and supervision by a person to
whom paragraph (a) or (ba) applies
(a "supervisor"); and
(ii) lawfully acting under the direction and
30
supervision of a supervisor;
or
".
page 83
Medical Radiation Technologists Bill 2005
Schedule 3 Consequential amendments
cl. 6
(9) Section 49 is amended as follows:
(a) after paragraph (a) by deleting "or";
(b) after paragraph (a) by inserting the following paragraph --
"
(aa) under section 24A; or
5
".
6. State Administrative Tribunal Act 2004 amended
(1) The amendment in this clause is to the State Administrative Tribunal
Act 2004*.
[* Act No. 54 of 2004.
10
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 427.]
(2) Schedule 1 is amended by inserting the following in the appropriate
alphabetical position --
" Medical Radiation Technologists Act 2005 ".
15
page 84
Medical Radiation Technologists Bill 2005
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)
application........................................................................................................3
appointing body.............................................................................................. 70
approved ..........................................................................................................3
area of medical radiation technology.................................................................3
Board ...............................................................................................................3
certificate of registration...................................................................................3
commencement day..........................................................................Sch. 2, cl. 1
committee ........................................................................................................3
complainant......................................................................................................3
complaint .........................................................................................................3
complaints assessment committee .....................................................................3
condition ..........................................................................................................3
Corporations Act ..............................................................................................3
Director............................................................................................................3
disciplinary matter............................................................................................3
disqualified person .................................................................................... 35(1)
document .........................................................................................................3
impairment.......................................................................................................3
impairment matter ............................................................................................3
impairment review committee...........................................................................3
information ............................................................................................... 13(1)
insolvent ................................................................................................... 45(1)
investigator ......................................................................................................3
legal practitioner...............................................................................................3
medical practitioner ..........................................................................................3
medical radiation technologist...................................................3, Sch. 3, cl. 5(2)
medical radiation technology ............................................................................3
member ..........................................................................................Sch. 1, cl. 10
member of the Board ........................................................................................3
officer ..............................................................................................................3
presiding member.............................................................................................3
professional indemnity insurance ............................................................... 30(1)
Radiological Council ........................................................................................3
register .............................................................................................................3
registered .........................................................................................................3
registrar............................................................................................................3
registration .......................................................................................................3
page 85
Medical Radiation Technologists Bill 2005
Defined Terms
respondent........................................................................................................3
restricted title ...................................................................................................3
page 86
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