MEDICAL PRACTITIONERS ACT 2008
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 4 Terms used in this Act
- 5 Application
PART 2 -- Medical Board and committees
Division 1 -- The Board
- 6 Board established
- 7 Membership of Board
- 8 Presiding member and deputy presiding member
- 9 Constitution and proceedings
- 10 Remuneration
Division 2 -- Functions and powers
- 11 Functions of Board
- 12 Powers
- 13 Delegation by Board
Division 3 -- Relationship of Board with Minister
- 14 Directions by Minister
- 15 Minister to have access to information
Division 4 -- Committees
- 16 Committees
- 17 Provisions relating to committees
Division 5 -- Registrar and other staff
- 18 Registrar
- 19 Other staff
- 20 Use of other government staff etc.
Division 6 -- General
- 21 Duty not to make improper use of information
- 22 Meetings
- 23 Execution of documents by Board
- 24 Recovery of penalties, costs and expenses required to be paid to the Board
PART 3 -- Finance and reports
- 25 Funds of the Board
- 26 Accounts
- 27 Audit
- 28 Annual report and other reports
PART 4 -- Registration of medical practitioners
Division 1 -- Registration
- 29 Natural persons may be registered
- 30 General registration
- 31 Conditional registration for internship or supervised clinical practice
- 32 Provisional registration
- 33 Conditional registration for general practice in remote and rural WA
- 34 Special purpose conditional registration
- 35 Non-practising registration
- 36 Voluntary change in registration
- 37 Specialties to be prescribed
- 38 Registration of specialists
- 39 Review of condition imposed under section 30(5), 33(6), 34(4) or 38(6)
- 40 Professional indemnity insurance
- 41 Application
- 42 Board may request consent to undertake a criminal record check
- 43 Criminal record check
- 44 Effect of registration
- 45 Duration of registration
- 46 Renewal of registration
- 47 Application for registration by a person whose registration has been cancelled under section 116(1)(k)
Division 2 -- The register
- 48 The register
- 49 Inspection of register
- 50 Certificate of registration
- 51 Replacement of certificate of registration
- 52 Voluntary removal from register
- 53 Amendment of particulars
- 54 Removal of names in certain circumstances
- 55 Removal of names of deceased persons
- 56 Suspension or cancellation of registration in another State or a Territory
- 57 Effect of removal of name from register
Division 3 -- Notifications to Board
- 58 Change of address
- 59 Loss of qualifications
- 60 Insolvency
- 61 Civil or criminal proceedings
- 62 Information about professional indemnity insurance
- 63 Notification of cancellation or suspension of registration elsewhere
- 64 Notification of condition imposed on registration elsewhere
Division 4 -- Defence force medical officer
- 65 Medical officer of a defence force of the Commonwealth
- 66 Medical officer of visiting forces
PART 5 -- Interstate practitioners
Division 1 -- Preliminary
- 67 Terms used in this PART
Division 2 -- Practice by an interstate practitioner
- 68 Persons who are to be taken to be registered under section 30 or
69. Practising in this State
- 70 Interstate practitioner not to be taken to be registered in some circumstances
- 71 Effect of suspension under this Act
Division 3 -- Complaints about interstate practitioners
- 72 Referral of complaint to regulatory authority in another State or a Territory
- 73 Dealing with matters referred by a regulatory authority in another State or a Territory
Division 4 -- Miscellaneous
- 74 Interstate practitioner disqualified in another State or a Territory
- 75 Interstate certificate
PART 6 -- Disciplinary, competency and impairment matters
Division 1 -- Preliminary
- 76 Disciplinary matters
- 77 Competency matters
- 78 Impairment matters
Division 2 -- Committees
- 79 Complaints assessment committee
- 80 Professional standards committee
- 81 Impairment review committee
- 82 Panel
Division 3 -- Complaints
- 83 Complaints
- 84 Action by complaints assessment committee
- 85 Complaints assessment committee to determine action required
- 86 Role of Board
Division 4 -- Summary orders of Board
- 87 Interim orders by Board
- 88 Complaint dealt with summarily to be referred to the State Administrative Tribunal
Division 5 -- Disciplinary matters
- 89 Action by Board
- 90 Investigator
- 91 Report of investigator
- 92 Powers of investigator
- 93 Warrant to enter premises
- 94 Issue of warrant
- 95 Execution of warrant
- 96 Role of professional standards committee
- 97 Role of Board
Division 6 -- Impairment matters
- 98 Request by medical practitioner for imposition of condition
- 99 Revocation of condition
- 100 Action by Board
- 101 Medical examination of medical practitioner
- 102 Role of the impairment review committee
- 103 Role of Board
Division 7 -- Competency matters
- 104 Action by Board
- 105 Assessment of medical practitioner
- 106 Assessor
- 107 Powers of assessor
- 108 Role of the professional standards committee
- 109 Role of Board
Division 8 -- Conciliation
- 110 Conciliation process
- 111 Action if conciliation fails
Division 9 -- Medical students
- 112 Impaired ability to participate in a clinical activity
- 113 Referral to impairment review committee
- 114 Revocation of prohibition
Division 10 -- Role of the State Administrative Tribunal
- 115 Constitution of State Administrative Tribunal
- 116 Powers of the State Administrative Tribunal in relation to a disciplinary matter
- 117 Powers of the State Administrative Tribunal in relation to an impairment matter
- 118 Powers of the State Administrative Tribunal in relation to a competency matter
- 119 Powers of the State Administrative Tribunal in relation to a medical student
- 120 Ancillary powers of the State Administrative Tribunal
Division 11 -- Miscellaneous
- 121 Release of information: Board, professional standards committee and impairment review committee
- 122 Suspension
- 123 Costs
PART 7 -- Offences
- 124 Persons who may practise medicine
- 125 Persons who may be employed or engaged to practise medicine
- 126 Exceptions to sections 124 and
- 127 Use of title “medical practitioner” or a title of a specialist, or pretending to be registered
- 128 Medical services provided by a person registered elsewhere
- 129 Medical practitioners to arrange consultation in certain cases
- 130 Restriction on administration of anaesthetics in certain cases
- 131 Offences related to advertising medical services
- 132 Failure to comply with an order or requirement of the Board
- 133 False or misleading information
- 134 Confidentiality
- 135 Offences in relation to assessment or investigation
- 136 Obstruction of assessor or investigator
- 137 Impersonating an investigator or assessor
- 138 Information relating to certain business structures
- 139 Undue influence
- 140 Payment, or acceptance of payment, for referrals prohibited
- 141 Persons may be prohibited from supplying health services etc.
- 142 Assistance to execute a warrant
- 143 Surrender of certificate
- 144 Incriminating information, questions or documents
- 145 Legal professional privilege
PART 8 -- Codes of practice, rules, regulations and forms
PART 9 -- Miscellaneous
- 150 Protection
- 151 Notice of decision to be given
- 152 Review
- 153 Publication of proceedings etc.
- 154 Furnishing information
- 155 Legal proceedings
- 156 Liability of certain officers of body corporate: offences
- 157 Confidentiality of certain reports
- 158 Assessment and medical report
- 159 Review of Act
- 160 Repeals
- 161 Savings and transitional provisions
- 162 Consequential amendments