Queensland MEDICAL PRACTITIONERS REGISTRATION BILL 2000 MEDICAL PRACTITIONERS REGISTRATION BILL 2000 TABLE OF PROVISIONS Section Page 1113 PART 1—PRELIMINARY Division 1—Introduction Short title 2.0... eee eee 18 Commencement... 0.0.0... 6c cece eee eee 18 Division 2—Operation of Act Act binds all persons ... 6.6... cece eee 18 The legislative scheme... 1.1.6... 6... c cece eee tenet ee 18 Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 ....... 19 Mutual recognition legislation not affected............... 0.000 eee eee 19 Division 3—Objects Objects of Act 2... cece eee nett eee eee 19 Definitions 2.2.0.0... eee een eee t eee eens 20 PART 2—MEDICAL BOARD OF QUEENSLAND Division 1—Establishment and functions Establishment of board ..........0 0.0.00. eee eee eee 20 Board's relationship with the State ........... 00... eee 20 Functions of board... 2.2... eee eee 20 Board's independence etc. ... 2.0... . 2. eee ee 22 Powers of board ..... 2... eee eee 22 Delegation by board... 1.0.0.6... cece eee eens 23 Medical Practitioners Registration 161820222426 283032 34 Division 2—Membership Membership of board... 2.6... eee eee 24 Appointed registrant members ............. 00s cece cece eee ee 25 Public members ............ 0.000 tee eee eee eee 25 Certain nominee board members ............ 00000 cece eee eee eee 25 Chairperson and deputy chairperson of board ...............000000005 26 Term of appointment .... 2.6... 0.6.66 c cece ee eee eee 27 Disqualification from membership ............. 0000s eee eee ee eee 27 Vacation of office 2.0.6... 6c cee teen eee 27 When notice of resignation takes effect ...............0 000 cece eens 28 Leave of absence for an appointed member ...............0 00000000 28 Effect of vacancy in membership of board .............. 000 cece eens 29 Remuneration of members ............ 0.00 e cece ete eee ee 29 Division 3—Board business Conduct of business ....... 0... eee eee 29 Times and places of meetings ............ 0c cece cece eee ee 29 QuUOTUM . cence eet eee eee ne ee 29 Presiding at meetings ........ 0... ccc eects 30 Conduct of meetings ......... 0... cece cece ete 30 Minutes... 0... eee ee 31 Division 4—Board committees Committees 2.0.0.0... eee ee 31 Remuneration of committee members .............0...0..000.00000. 32 Division 5—Disclosure of interests by board members and committee members Disclosure of interests... 2.0... ee eee eee 32 Division 6—Directions by Minister Minister's power to give directions in the public interest .............. 33 Division 7—Annual reports Matters to be included in annual report. ......... 0.0000 e cece eee eee 34 Division 8—Other provisions about the board Board is statutory body under the Financial Administration and Audit Act 1977 2.0.6. .ccceeeettttttteeneeenee 35 Medical Practitioners Registration 4l 4447 495254 59 Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982.0... 0... eens 35 Board's common seal ......... 00.0002 35 PART 3—REGISTRATION Division 1—Preliminary Who may apply for registration .. 2.2.0... e cece ee eee eee 35 Division 2—Applications for general registration Subdivision 1—Applications Procedural requirements for applications ................0 eee eee ee eee 36 Subdivision 2—Eligibility for general registration Eligibility 2.0.0.6... 36 When applicant is qualified for general registration.................-. 37 Fitness to practise the profession ........... 0... c eee cece eee 37 Subdivision 3—Inquiries into applications Board's powers before deciding applications ..................000005 39 Appointment of appropriately qualified person to conduct health ASSESSMENE ©... eee eee 40 Report about health assessment ..... 0.6.0.0... cece eee eee ee 40 Use of assessment report... 2.6... eee eee 41 Payment for health assessments and reports..................0..000. 42 Subdivision 4—Decision on applications Decision ...... 0... eee tenet teens 42 Steps to be taken after application decided ......................04. 42 Failure to decide applications ............... 0.0.0 42 Further consideration of applications ... 0.0.6.0... 5000 cece eee eee 43 Subdivision 5—Information in certificates of general registration Forms of certificates of general registration ...............0 00 eee eee 45 Subdivision 6—Period of general registration Period 2.0... eee eee 45 Subdivision 7—Conditions of general registration Imposition of internship conditions ... 6.0.6.0... 00sec cece eee eee eee 45 Imposition of supervised practice program conditions ................. 47 Imposition of other conditions by board... . 1.0.0.6... cece 48 Medical Practitioners Registration 626466727571 79 81 Contravention of conditions ........... 0... eee eee eee eee ene Division 3—Provisional general registration Board decides to register provisional general registrant as a general registrant... 0.2.2... eee eee Board decides to refuse to register provisional general registrant as a general registrant... 2.2.2... 02 eee eee eee Deemed refusal by board to register provisional general registrant as a general registrant... 2.2.2... 02 eee eee eee Division 4—Renewal of general registrations Subdivision 1—Preliminary Meaning of "recency of practice requirements" ...................00.. Subdivision 2—Applications for renewal of general registrations Notification of imminent expiry of registration. ...............0...00. Procedural requirements for applications .................0...000.00. General registration taken to be in force while application is considered... 0.6... eee e eee eee Subdivision 3—Decision on applications Inquiries into applications ........... 0.00.0... Decision 2... 0... eee eee Recency of practice requirements are not satisfied ................... Steps to be taken after application decided ......................04. Division 5—Restoration of general registrations Application of div 4, sdivs 1 and 3.1.2.2... 0.0.0 c eee e eee eee When an application for restoration of a general registration may be made... ete tte enn ees Procedural requirements for applications .................0...000.00. Period of restored registration ............. 0.000 c cece eee eee Conditions of expired registration. ......... 0.000.000 eee eee ee eee Medical Practitioners Registration 858789 91 939597 101103105107 When recency of practice conditions take effect..................... Division 6—Cancellation of general registrations Grounds for cancellation ........0... 0.000 eee eee eee Show cause notice... 2... eee eee Representations about show cause notices ...............0....00005. Ending show cause process without further action .................... Cancellation ...... 00... 2c eee eee eee Return of cancelled certificate of general registration to board ......... Division 7—Reviewing probationary conditions on general registrations Review of probationary conditions ................. 0.0002. c eee eee Registrant to give notice of completion of internship, or supervised practice program, to board..................0 0000000000, Board to give notice to internship nominee or supervisor .............. Board's powers before making decision................0....000.000. Decision 2... 0... eee eee When decision takes effect .......... 0000000002 c eee eee Failure by board to make decision. .............00.. 000.00 cece Amending or replacing certificates of general registration ............. Division 8—Reviewing conditions of general registrations Subdivision 1—Review of conditions imposed by the board or District Court Review of conditions .... 0.0.6... cece cece eee eee eens How registrant may start areview ............... 0000s Review of conditions during review period....................00000. Board's powers before making decision................0....000.000. Application of ss 47-50... eee Deemed withdrawal of application etc.................0 0000000002 Decision ...... 0... eee tenet teens When decision takes effect... 6... 0... cece eee eects Failure by board to make decision on application .................... Failure by board to make decision on review agreed to unders 100 ..... Further decision required if certain conditions changed................ Medical Practitioners Registration 113 115117 122127 Subdivision 2—Recording change, or removal, of conditions Amendment of, or replacing, certificates of general registration ........ Division 9—Specialist registration Subdivision 1—Applications Procedural requirements for applications .................0...000.00. Subdivision 2—Eligibility for specialist registration Eligibility ©... 00... eee eee eee Subdivision 3—Inquiries into applications Board's powers before deciding applications ....................00.. Application of ss 47-50... eee Subdivision 4—Decision on applications Decision 2... 0... eee eee Steps to be taken after application decided ......................04. Failure to decide applications ............... 0.0.0 Further consideration of applications ....................00..002000. Subdivision 5—Information in certificates of specialist registration Form of certificates of specialist registration .............0......00.. Subdivision 6—Period of specialist registration Subdivision 7—Conditions of specialist registration Conditions attaching to general registration applicable to specialist registration... 0.0... 2.2 eee eee Imposition of conditions by board .............. 0.002 Contravention of conditions ................ 00. Standard condition of specialist registration of certain persons.......... Subdivision 8—Application of certain provisions Application of certain provisions to provisional specialist registration and specialist registration .............. 0.000.002 0.00000. Provisional specialist registration of a person...................0000. Subdivision 9—Miscellaneous Additional information to be included in show cause notice............ Effect on specialist registration if general registration ceases to have effect 2.0.66... ete tent e eens Medical Practitioners Registration 130 132134136138 140142145 147 149 Effect on specialist registration if conditions on general registration are changed or removed .............. 0c e eee eeeeeeeee 88 Restoration of specialist registration ............ 0... eee eee eee eee 89 Decision about recording details of certain conditions in register........ 89 Division 10—Special purpose registrations Subdivision 1—Eligibility for special purpose registration Eligibility 2.0.0.6... 90 Postgraduate study or training... 6.6.66... e eee eee ee eee 90 Supervised training to prepare for clinical examination................ 90 Medical teaching or research... 6... eee eee eee ee 91 Practice in area of need ... 6... eee eee ee 91 Study or training to obtain a qualification in a specialty............... 92 Practice in the public interest...... 0.6... eee eee eee 92 Practice in general practice ........ 6.6... cece eee eee eee eee 92 Subdivision 2—Applications for special purpose registration Application of divs 2 and 3... 1.1... cette eee 93 Period of special purpose registration .............. eee cece cece eee 94 Imposition of conditions by board... 1.0.6.0... cece eee 94 Contravention of conditions .......... 6... eee eee eee eee eee 94 Provisional special purpose registration of a person...............0--5 94 Subdivision 3—Renewal of special purpose registrations Application of div 4, sdivs 2 and 3.0.2.2... 0.00. cece eee eee eee 96 Matters that may be considered in deciding applications for renewal of special purpose registrations ................ 00 eee eee eee 96 Imposition of conditions by board... 1.0.6.0... cece eee 96 Period of renewed special purpose registration.................000005 97 Subdivision 4—Cancellation of special purpose registrations Application of div 6.0.00... 06. 97 Grounds for cancellation... 2.0.0.0... 00. c cece eect eee 97 Subdivision 5—Removal of conditions Division 11—General provisions about registrations Person is taken to be registered under this part.................000005 99 Medical Practitioners Registration 153155158160162164167 169 172 174 Surrender of registrations ... 0.6... 6... 99 Replacement of certificates of registration ...............00-00 eee eee 99 Certified copy of certificates of registration ................00000 eee 100 Notification of change in circumstances .............. 0000 ce eeeeeeee 100 Notification of certain events to interstate regulatory authorities and other entities... 2... 0.0... eee eee 100 PART 4—OBLIGATIONS OF REGISTRANTS AND OTHER PERSONS Division 1—Restricted titles and holding out Taking of restricted titles etc... 0... cece eee eee eee 102 Taking of restricted specialist title etc. by person ................-4.. 103 Using restricted specialist title in relation to other person.............. 104 Use of title 'doctor? 2.0.6... eee eee eee eee 105 Claims by persons as to registration. ..............00 0c eee eee eee 106 Claims by persons as to other persons' registration .................4. 106 Restrictions on certain registrants ......... 0.0.00. eee cece eee eee 106 Restrictions on provisional registrants... 2.2.0.0... 0c eee eee eee eee 107 Restrictions on registrants registered on conditions ................... 108 Division 2—Notification of business names and other details Notification of business names etc. ......... 00. eee eee 109 Notification of change in business names etc. ..............-0 000 eee 110 Division 3—Advertising Obligations of advertisers ........ 0.0.0 cece eee eee eee ee 110 Information to appear in advertisements ........................000. 111 Division 4—Registrants' autonomy Aiding, abetting etc. conduct that is a ground for disciplinary action..... 111 Division 5—Court orders and injunctions Persons may be prohibited from supplying health services ete........... 112 Injunctions 2.0... cece ete nett nents 113 Division 6—Reprisals Reprisal and grounds for reprisals............-... eee cece eee eee 115 Offence for taking reprisal... 0.0.6.6... cece cece eee 116 Damages entitlement for reprisal... 2.2... 66.00. cece eee eee 116 Medical Practitioners Registration 180182184187189 191193195 197 Division 7—Other provisions Protection for registrants providing information about crimes to police officers... 0... eee eee eee Payment, or acceptance of payment, for referrals prohibited ........... PART 5—INTERN TRAINING PROGRAMS AND INTERN TRAINING SECONDMENT PROGRAMS Division 1—Preliminary Definition for pt 5... 6.6... ete ete eens Division 2—Accreditation of a program Application for accreditation ............................2...0200000. Criteria for applications ......... 0.000002 eee eee eee Inquiries into applications. ........... 00.000. cee eee eee Decision ............00.0000 000. Failure to decide applications .......................0.0.20.0202000. Accreditation certificate... 0... 2. eee eee eee eens Division 3—Renewal of accreditation Applications for renewal... 2.0.0.0... Inquiries into applications. ........... 00.000. cee eee eee Accreditation taken to be in force while application is considered ...... Decision ............00.0000 000. Division 4—Cancellation of accreditation Ground for cancellation... 0.0.0... 0... eee eee Show cause notice... 2... 0. eee eee Representations about show cause notices ....................20.000. Ending show cause process without further action .................... Cancellation... 0.0.0... cee eens Return of accreditation certificate to board. ............0...0 0.00000. Division 5—General provisions about accreditation Surrender of accreditation...........0.... 0.00 eee eee Replacement of accreditation certificates. ...........0..00..00 00000. Medical Practitioners Registration 199202204208210213218220 PART 6—INVESTIGATION AND ENFORCEMENT Division 1—Inspectors Functions of inspectors .................0.0.0000000000000220000000. Powers of inspectors ............00000000000000 22 e eee. Limitation on powers of inspectors ............ 00.00 Division 2—Appointment of inspectors and other matters Appointments... 0.0... eee eee eee Appointment conditions... 2.0.0.0... cee eee eee Identity cards ........... 0002. Failure to return identity card... 2.0.2.0... 0. Production or display of inspector's identity card............0...00... Division 3—Powers of inspectors Subdivision 1—Entry of places Power to enter places ...... 6.0.0. o cee cece eee eee Subdivision 2—Procedure for entry Entry with consent .......... 0... eee ee eee Application for warrant ...............00....000.00.0002022020200000. Issue of warrant ..........0..00000000000000000000 00222. Special warrants... 0.0... eee Warrants—procedure before entry ....................0.00220.00000. Subdivision 3—Powers after entry General powers after entering places. ..............00..0000.000000. Failure to help inspector ...........00. 00000. c cece Failure to give information. ...........0.... 00000. c eee cece eee Subdivision 4—Power to seize evidence Seizing evidence at a place that may be entered without consent Or warrant ©. 6... eee eee tet e teens Seizing evidence at a place that may only be entered with consent or warrant ..... 0.0... o cece cece eee eee Securing seized things... 2.0.0.0... 0. Tampering with seized things............... 000.0... 0002 cece eee Powers to support seizure... 6... 2. cece eee ee Receipts for seized things. .......... 0.000.000 eee eee eee eee Medical Practitioners Registration 222224227229232234236 238240243245 Forfeiture of seized things... ........0.... 0.0.0 Forfeiture on conviction ......... 6.0 c cece eee eens Dealing with forfeited things etc...........0... 0000... Return of seized things ..............0.......0..0.00.00.02020.0.200000. Access to seized things... 2.0.0.0... eee eee eee Subdivision 5—Power to obtain information Power to require name and address ..............0........02020.000000. Failure to give name or address... 1.2.2... eee eee eee Power to require production of documents ...................0000000. Failure to produce document .....................0..202020202202000000. Power to require information..............0.0... 000. c eee eee eee eee Division 4—General enforcement matters Notice of damage... 0.2... 000s Compensation .... 0.0... 0... cece eee eee eee False or misleading information ................0....0 00000000 ee eee False or misleading documents ........................0202.20000000. Obstructing inspectors ........ 0... eee eee eee Impersonation of inspectors... 2.0... 0... eee eee PART 7—APPEALS Who may appeal ...............0....00000.00000002000002222200002 Starting appeals... 2... eee Hearing procedures .............0..0...0000000000000000000000000. Powers of court on appeal... 2.0... eee eee Appointment of assessors .............0000000000000 02 ceeeeeeeeeee PART 8—LEGAL PROCEEDINGS Division 1—Evidence Application of division ......................0.0.00020020200..00000. Appointments and authority ....................0.0.0..........000. Signatures... 0... eee Evidentiary provisions ..... 0... 0.0.00. c cece Division 2—Proceedings Indictable and summary offences .........0... 0.000.000 cece eee eee Medical Practitioners Registration 248250252255 258 260262 264269 Proceedings for indictable offences ............ 0000 c cece eee eee 148 Limitation on who may summarily hear indictable offence............. 148 Limitation on time for starting summary proceedings ................. 149 Allegations of false or misleading information or documents ........... 149 Penalties to be paid to board ....... 06... cece eens 149 Responsibility for acts or omissions of representatives ................ 149 Executive officers must ensure corporation complies with Act.......... 150 PART 9—REGISTER, RECORDS AND INFORMATION Division 1—Register Register to be kept. 2... cece eens 151 Inspection of register... 6... eee eens 152 Division 2—Records to be kept Records... 6... ieee nett ene e teens 153 Division 3—Information Confidentiality of information ........... 0.60. c cece eee eee eee 153 Board's annual report must disclose authorisation ..................5. 155 PART 10—MISCELLANEOUS Division 1—Abandoned, and other, health records Definitions for div 1... 6.2... cece eet 155 Board may take possession of abandoned health records............... 155 Health records forming part of deceased estate ..................005 156 Health records of persons convicted of an offence against s 157(1) or (6), 158 or 161 2. eee eee eee 156 Dealing with certain health records seized under s 215 or 216.......... 157 How board may deal with health records .............0.00000 2c e eee 157 Destruction of health records .......... 6.0 c cece eect eee eee 157 Division 2—Continuing professional education of registrants Continuing professional education programs ................202000005 158 Division 3—Declared events Definitions for div3.......... 00... eee eee eee 158 Declaration of events ........ 0... eee eee 159 Deemed general or specialist registration of visiting practitioners ....... 159 Medical Practitioners Registration 271274276278 281283285287 289291293295 Division 4— Other provisions Provision of certain professional services by interstate practitioners ..... Protecting officials from liability...........0.....0...0.00..000000. Protection for persons supervising registrants undertaking prescribed internship or supervised practice program.................. False or misleading information or documents ................0..000. Certificates etc. not to be false or misleading.................0..0000. Application of provisions .... 6.0.0.0... 000. c eee eee eee eee ee Approval of forms ......... 00.00.0002 eee eee Examination fees... 0.0.0.0... cece ccc eee nents Regulation-making power... 1.0.2.0... 0000 c cece eee eee PART 11—REPEAL AND TRANSITIONAL PROVISIONS Division 1—Repeal Repeal of Medical Act 1939 ............. 0... c cece cece eee eee eee Division 2—Transitional provisions Definitions for div2. 0.0.0.2... 066 c cece eee eee ete e eens Saving of certain orders made under repealed Act...............0.... References to repealed Act or former board .......................0. Board is the legal successor... 2.02... 0... eee eee eee Assets and liabilities ete. 2.0.0.6... cee eens Service agreements... 6.2... 06. eee eee eens Proceedings ...................0000000000 000022. Dealing with matter under Health Practitioners (Professional Standards) Act 1999 oo... eee eee eee Offences .. 00... eee ccc cnet ete e nent eens Medical Practitioners Registration 298300 Continuation of approvals for intern training....................00.0. Unmet area of need... 2... eee teenies Certain Act has not been repealed... 0.0.0.0... 000000000000 eee eee PART 12—CONSEQUENTIAL AMENDMENTS Amendment of Acts ..... 0.0... eee eee eee SCHEDULE 1 ........................ DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN SCHEDULE 2 ........................ CONSEQUENTIAL AMENDMENTS OF ACTS ACTS INTERPRETATION ACT 1954 ...............200.02..000000. ADOPTION OF CHILDREN ACT 1964 ................0000..00000. AMBULANCE SERVICE ACT 1991... 2.2.2. CORONERS ACT 1958 1.0.2... cece eee CRIMES (CONFISCATION) ACT 1989 «1.2.0... 222. CRIMINAL LAW AMENDMENT ACT 1945.) 1.2... eee. FREEDOM OF INFORMATION ACT 1992 ...................00000. HEALTH ACT 1937 ... 0.0. eee eee HEALTH PRACTITIONER REGISTRATION BOARDS (ADMINISTRATION) ACT 1999 ...........0000 00222. HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999 Lo... eee. HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION) ACT 1998 wo... eee eee. HEALTH RIGHTS COMMISSION ACT 1991 ...........0......0000. HEALTH SERVICES ACT 1991 .. 0.0... eee eee INDY CAR GRAND PRIX ACT 1990... 0.2... eee eee. LAW REFORM ACT 1995 .... 2.00... MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 2. eee cece eens MENTAL HEALTH ACT 1974.00... eee ee. Medical Practitioners Registration PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1970) 1... eee. 188 PETROLEUM ACT 1923 ...... 0. 188 RADIATION SAFETY ACT 1999 ....... 0... eee eee 188 REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT 1962) oo... eee eee. 189 STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 2.0... 0.2 eee eee 189 TRANSPLANTATION AND ANATOMY ACT 1979 «22... ......20... 189 VETERINARY SURGEONS ACT 1936 ................ 00000220000 190 WORKCOVER QUEENSLAND ACT 1996 .............00000220000. 190 SCHEDULE 3 ........................ 191 DICTIONARY A BILL FOR An Act to provide for the registration of medical practitioners, and for other purposes sl 18 s4 Medical Practitioners Registration The Parliament of Queensland enacts— PART 1—PRELIMINARY Division 1—Introduction Short title 1. This Act may be cited as the Medical Practitioners Registration Act 2000. Commencement 2. This Act commences on a day to be fixed by proclamation. Division 2—Operation of Act Act binds all persons 3.(1) This Act binds all persons, including the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. The legislative scheme 4. This Act is part of a legislative scheme (the "legislative scheme") consisting of the health practitioner registration Acts, the Health Practitioner Registration Boards (Administration) Act 1999 and the Health Practitioners (Professional Standards) Act 1999. 11 13 1618 s5 19 s7 Medical Practitioners Registration Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 5.(1) This section applies if the board is making— (a) a decision on an application for registration; or (b) a decision, under this Act, affecting a registrant's registration. (2) The decision must comply with, and be consistent with, any decision of the board, a disciplinary committee, a professional conduct review panel, the Health Practitioners Tribunal or the Court of Appeal, affecting the applicant or registration, under the Health Practitioners (Professional Standards) Act 1999. Mutual recognition legislation not affected 6. This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 1999. Division 3—Objects Objects of Act 7.(1) The objects of this Act are— (a) to protect the public by ensuring health care is delivered by registrants in a professional, safe and competent way; and (b) to uphold the standards of practice within the profession; and (c) to maintain public confidence in the profession. (2) The objects are to be achieved mainly by— (a) establishing the Medical Board of Queensland; and (b) providing for the registration of persons under this Act; and (c) imposing obligations on persons in relation to the practice of the profession; and (d) providing for compliance with this Act to be monitored and enforced. SCO MND UV FW NH e 1317 19 212326 28 s8 20 sll Medical Practitioners Registration Division 4—Interpretation 1 Definitions 2 8. The dictionary in schedule 3 defines particular words used in this Act. 3 PART 2—MEDICAL BOARD OF QUEENSLAND 4 Division 1—Establishment and functions 5 Establishment of board 6 9.(1) The Medical Board of Queensland is established. 7 (2) The board— 8 (a) isa body corporate; and 9 (b) has a common seal; and 10 (c) may sue and be sued in its corporate name. 11 Board's relationship with the State 12 10. The board does not represent the State. 13 Functions of board 14 11. The board has the following functions— 15 (a) to assess applications for registration; 16 (b) to register persons who satisfy the requirements for registration; 17 (c) to monitor, and assess, whether registrants comply with any 18 conditions of registration; 19 (d) to keep a register of, and records relating to, registrants; 20 sll 21 sll Medical Practitioners Registration (e) (f) (g) (h) (i) 0) (k) (I) to promote high standards of practice of the profession by registrants; to develop or adopt programs for the continuing professional education of registrants, and encourage their participation in the programs; to develop or adopt training programs in the practice of the profession that are relevant to a person's eligibility for registration; Example of 'training programs '— Refresher courses for persons who have not practised the profession for a number of years. to accredit intern training programs and intern training secondment programs; to confer and cooperate with interstate regulatory authorities; to confer and cooperate with entities engaged in the development of national policies about the regulation of the profession; to confer and cooperate with the following entities about the education of persons in the practice of the profession— (1) educational institutions; (11) entities responsible for accrediting courses, or accrediting institutions to educate persons, for the profession; to inform registrants and the public about the operation of the legislative scheme in its application to the profession; to examine, and advise the Minister about, the operation of the legislative scheme in its application to the profession; to monitor, and enforce, compliance with this Act; to undertake research, relevant to the legislative scheme, into the regulation of the profession; BW Ne Bo 0 OID wv Se ee Re KR Wh FR loon Lion' on e \o NN re Oo N aS) Nw Aw N a NN on s12 22 s 13 Medical Practitioners Registration (p) to collect, and give to persons, information about the practice of the profession by registrants; Example of 'information about the practice of the profession by registrants '— The languages, other than English, spoken by registrants. (q) to perform other functions given to the board under this or another Act. Example for paragraph (q)— Under the Health Practitioners (Professional Standards) Act 1999, section 374, the board may develop codes of practice, or adopt another entity's code of practice, to provide guidance to registrants as to appropriate professional conduct or practice. Board's independence etc. 12. In performing its functions, the board is to act independently, impartially and in the public interest. Powers of board 13.(1) The board has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) enter into service agreements; and (c) acquire, hold, dispose of, and deal with, property; and (d) appoint agents and attorneys; and (e) engage consultants; and (f) fix charges, and other terms, for services and other facilities it supplies; and (g) do anything else necessary or convenient to be done for, or in connection with, its functions. (2) This section does not authorise the board to obtain administrative and operational support other than as required by the Health Practitioner Registration Boards (Administration) Act 1999. 15 18 202225 27 29 s14 23 s14 Medical Practitioners Registration (3) Without limiting subsection (1), the board has the powers given to it under this or another Act. (4) The board may exercise its powers inside or outside Queensland. (5) Without limiting subsection (4), the board may exercise its powers outside Australia. Delegation by board 14.(1) The board may delegate its powers under this Act to— (a) (b) (c) (d) a member; or a committee of the board consisting of appropriately qualified persons, | of whom must be a member; or the executive officer; or with the agreement of the executive officer—an appropriately qualified member of the office's staff. (2) However, the board may not delegate its power under this Act— (a) (b) (c) (d) (e) (f) to decide to register, or refuse to register, an applicant for registration; or to decide to refuse to renew a renewable registration; or to decide to refuse to restore a renewable registration; or to decide to cancel a registration; or to decide to impose, or remove, conditions on a registration; or to enter into a service agreement. (3) In this section— "appropriately qualified" includes having the qualifications, experience or standing appropriate to exercise the power. Example of 'standing' for a member of the office's staff— The staff member's classification level in the office. nk WwW NPE $15 24 $15 Medical Practitioners Registration Division 2—Membership Membership of board 15.(1) The board consists of— (a) the chief health officer; and (b) at least 6, but not more than 10, persons (the "appointed members") appointed by the Governor in Council. (2) The appointed members must include— (a) persons who are registrants (the "appointed registrant members"); and (b) persons (the "public members") having an interest in, and knowledge of, consumer health issues who are not, and have not been— (i) registered under a health practitioner registration Act or an earlier corresponding Act; or (ii) registered or enrolled under the Nursing Act 1992 or an earlier corresponding Act; or (11) registered or enrolled under a law applying, or that applied, in another State or foreign country that provides, or provided, for the same matter as a health practitioner registration Act or the Nursing Act 1992 or a provision of the Act; and (c) 1 lawyer nominated by the Minister. (3) Also, the Minister may nominate persons who do not belong to the categories of persons mentioned in subsection (2) to be appointed members. (4) A majority of the members must be registrant members. (5) In this section— "earlier corresponding Act", in relation to a health practitioner registration Act, means an earlier Act that provided for the same matter as the health practitioner registration Act or a provision of the health practitioner registration Act. 26 2830 s 16 25 s 18 Medical Practitioners Registration "earlier corresponding Act", in relation to the Nursing Act 1992, means an earlier Act that provided for the same matter as the Nursing Act 1992 or a provision of the Nursing Act 1992. Appointed registrant members 16.(1) The appointed registrant members must consist of— (a) at least 2 registrants nominated by the bodies the Minister considers represent the interests of registrants; and (b) 1 registrant nominated by the governing bodies of educational institutions, established in the State, chosen by the Minister. (2) Also, the appointed registrant members may include registrants nominated by the Minister. Public members 17. The public members must consist of— (a) at least 1 person nominated by community groups and other entities the Minister considers have an interest in consumer health issues; and (b) at least 1 other person nominated by the Minister. Certain nominee board members 18.(1) This section applies for the nomination of a person or persons for a position or positions on the board under section 16(1)(a) or (b) or 17(a). (2) The Minister must give the entities who may make the nomination notice stating a reasonable period within which they may nominate the person or persons for the position or positions. (3) The Minister may in the notice ask the entities to nominate more than the required number of persons for the position or positions. (4) Subject to subsections (5) and (6), if the entities nominate more than the required number of persons for the position or positions— (a) the Minister must choose the nominee or nominees for the position or positions from the nominations; and wn eo Bo COM ND HW Lp on wieN a Dnt a nN 20 2225 27 29 s19 26 s19 Medical Practitioners Registration (b) the person or persons chosen are taken to be the nominee or nominees, under the relevant provision mentioned in subsection (1), for the position or positions. (5) Subsection (6) applies if— (a) the entities do not nominate a person or persons for the position or positions within the period stated in the notice; or (b) the entities nominate a number of persons for the position or positions that is less than the number requested by the Minister under subsection (3); or (c) the person or any of the persons nominated by the entities are not eligible to be appointed to the position or positions concerned. (6) The Minister must nominate a person or persons eligible to be appointed to the position or positions and the nomination or nominations are taken to have been made by the entities. (7) To remove doubt, if subsection (5)(b) applies, it is declared that a nomination under subsection (6) may be of, or include, a person or persons nominated by the entities. Chairperson and deputy chairperson of board 19.(1) The Governor in Council is to appoint a registrant member to be the chairperson, and another registrant member to be the deputy chairperson, of the board. (2) A person may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a member. (3) The chairperson or deputy chairperson holds office for the term decided by the Governor in Council, unless the person's term of office as a member ends sooner than the person's term of office as chairperson or deputy chairperson. (4) A vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or ceases to be a registrant member. (5) However, a person resigning the office of chairperson or deputy chairperson may continue to be a member. Fo UMN AYN FPF WNeE Re Ree ee RwWN eee Nauwn 2023 262932 s 20 27 s 22 Medical Practitioners Registration (6) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. Term of appointment 20. An appointed member is to be appointed for a term of not more than 4 years. Disqualification from membership 21.(1) A person can not become, or continue as, an appointed member if the person— (a) is affected by bankruptcy action; or (b) is, or has been, convicted of an indictable offence; or (c) is, or has been, convicted of an offence against this Act. (2) For subsection (1)(a), a person is affected by bankruptcy action if the person— (a) is bankrupt; or (b) has compounded with creditors; or (c) has otherwise taken, or applied to take, advantage of any law about bankruptcy. Vacation of office 22.(1) An appointed member is taken to have vacated office if the member— (a) resigns his or her position on the board by signed notice of resignation given to the Minister; or (b) can not continue as a member under section 21; or (c) is absent without the board's permission from 3 consecutive meetings of the board of which due notice has been given. RW NY Nn 1113 15 17 19 22 24 27 s 23 28 s 24 Medical Practitioners Registration (2) Also, an appointed member is taken to have vacated office in any of the following circumstances— (a) if the member is an appointed registrant member—the member stops being a registrant; (b) if the member is a public member—the member stops being a person mentioned in section 15(2)(b); (c) if the member was nominated, for membership of the board, under section 15(2)(c)—the member stops being a lawyer. (3) In this section— "meeting" means the following— (a) if the member does not attend—a meeting with a quorum present; (b) if the member attends—a meeting with or without a quorum present. When notice of resignation takes effect 23. A notice of resignation under section 19(4) or 22(1)(a) takes effect when the notice is given to the Minister or, if a later time is stated in the notice, the later time. Leave of absence for an appointed member 24.(1) The Minister may approve a leave of absence for an appointed member (the "approved absent member") of more than 3 months. (2) The Minister may appoint another person to act in the office of the approved absent member while the member is absent on the approved leave. (3) A person appointed under subsection (2) must belong to the same category of persons mentioned in section 15(2) or (3) to which the approved absent member belongs. (4) If the approved absent member is the deputy chairperson, the Minister may appoint another registrant member to act in the deputy chairperson's office while the deputy chairperson is absent on the approved leave. CMY DAN BW NK 11 13 1620 2226 2830 s 25 29 s 29 Medical Practitioners Registration Effect of vacancy in membership of board 25.(1) Subsection (2) applies despite sections 15 to 17.1! (2) The performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the membership of the board. Remuneration of members 26. A member is entitled to be paid the fees and allowances decided by the Governor in Council. Division 3—Board business Conduct of business 27. Subject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate. Times and places of meetings 28.(1) Board meetings are to be held at the times and places the chairperson decides. (2) However, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least the number of members forming a quorum for the board. Quorum 29. A quorum for the board is the number equal to one-half of the number of its members or, if one-half is not a whole number, the next highest whole number. 1 Sections 15 (Membership of board), 16 (Appointed registrant members) and 17 (Public members) Rw wp Nn 11 14 1620 s 30 30 s31 Medical Practitioners Registration Presiding at meetings 30.(1) The chairperson is to preside at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent from a board meeting, but the deputy chairperson is present, the deputy chairperson is to preside. (3) If the chairperson and deputy chairperson are both absent from a board meeting or the offices are vacant, a registrant member chosen by the members present is to preside. Conduct of meetings 31.(1) A question at a board meeting is decided by a majority of the votes of the members present. (2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote. (3) A member present at the meeting who abstains from voting is taken to have voted for the negative. (4) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting. Example of 'technology allowing reasonably contemporaneous and continuous communication '— Teleconferencing. (5) A member who takes part in a board meeting under subsection (4) is taken to be present at the meeting. (6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— (a) a majority of the board members gives written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. onan ns Wn 11 1316 1820 22 25 27 29 31 s 32 31 s 33 Medical Practitioners Registration Minutes 32.(1) The board must keep— (a) minutes of its meetings; and (b) arecord of any resolutions made under section 31(6). (2) Subsection (3) applies if a resolution is passed at a board meeting by a majority of the members present. (3) If asked by a member who voted against the passing of the resolution, the board must record in the minutes of the meeting that the member voted against the resolution. Division 4—Board committees Committees 33.(1) The board may establish committees of the board for effectively and efficiently performing its functions. (2) A committee may include a person who is not a member of the board. (3) The board is to decide the terms of reference of a committee. (4) The functions of a committee are to— (a) advise and make recommendations to the board about matters, within the scope of the board's functions, referred by the board to the committee; and (b) exercise powers delegated to it by the board.? (5) A committee must keep a record of the decisions it makes when exercising a power delegated to it by the board. (6) The board may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings. 2 See section 14 for the board's power of delegation. oon Dn fF W NY 13 15 17 1923 26 s 34 32 $35 Medical Practitioners Registration Remuneration of committee members 34. A committee member is entitled to be paid the fees and allowances decided by the Governor in Council. Division 5—Disclosure of interests by board members and committee members Disclosure of interests 35.(1) This section applies to a board or committee member (the "interested person") if— (a) the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the board or committee; and (b) the interest could conflict with the proper performance of the person's duties about the consideration of the issue. (2) As soon as practicable after the relevant facts come to the interested person's knowledge, the person must disclose the nature of the interest to a board or committee meeting. (3) Unless the board or committee otherwise directs, the interested person must not— (a) be present when the board or committee considers the issue; or (b) take part in a decision of the board or committee about the issue. (4) The interested person must not be present when the board or committee is considering whether to give a direction under subsection (3). (5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when the board or committee is considering whether to give a direction under subsection (3) about the interested person; or (b) take part in making the decision about giving the direction. s 36 33 s 36 Medical Practitioners Registration (6) If— (a) because of this section, a board or committee member is not present at a board or committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present; the remaining persons present are a quorum of the board or committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (7) A disclosure under subsection (2) must be recorded in the board's or committee's minutes. (8) If the interested person is a registrant member, the person does not have a direct or indirect interest in an issue if the interest arises merely because the person is a registrant. Division 6—Directions by Minister Minister's power to give directions in the public interest 36.(1) The Minister may give the board a written direction about a matter relevant to the performance of its functions under this Act if the Minister is satisfied it is necessary to give the direction in the public interest. (2) Without limiting subsection (1), the direction may be to— (a) give reports and information; or (b) apply to the board a policy, standard or other instrument applying to a public sector unit. (3) The direction can not be about— (a) the registering of, or refusal to register, an applicant for registration; or (b) the renewing of, or refusal to renew, a renewable registration; or (c) the restoring of, or refusal to restore, a renewable registration; or (d) the cancelling of a registration; or e FOU MANQ DA NWN eRe eS wd os Nn 1821 23 26 28 s 37 34 837 Medical Practitioners Registration (e) the imposing, or removal, of conditions on a registration. (4) Despite section 12,3 the board must comply with the direction. Division 7—Annual reports Matters to be included in annual report direction. 37.(1) The board's annual report under the Financial Administration and Audit Act 1977 for a financial year must include the following— (a) (b) (c) (d) (e) (f) (g) copies of all ministerial directions given to the board under section 36 during the financial year; the number of registrants at the end of the financial year; details of the amount of the board's funds spent, in the financial year, on investigations and inspections under part 6;4 details of the amount of the board's funds spent, in the financial year, on developing or adopting training programs in the practice of the profession that are relevant to a person's eligibility for registration; details of the amount of the board's funds spent in the financial year on research, relevant to the legislative scheme, into the regulation of the profession; details of the amount of the board's funds spent, in the financial year, on accrediting intern training programs and intern training secondment programs; details of any policies or programs developed, or initiatives taken, by the board in the financial year for the general benefit of users of registrants' services. (2) However, the board must exclude from the copies mentioned in subsection (1)(a) all information likely to identify a person mentioned in the 4 Section 12 (Board's independence etc.) Part 6 (Investigation and enforcement) eo Bo 0 ON AN Ree Hee aABwWN eRe i ony NNR re OO NN pp BRON NO wpohd NaW s 38 35 s41 Medical Practitioners Registration Division 8—Other provisions about the board Board is statutory body under the Financial Administration and Audit Act 1977 38. The board is a statutory body under the Financial Administration and Audit Act 1977. Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982 39.(1) The board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 sets out the way in which the board's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. Board's common seal 40. The board's common seal is to be kept in the custody of a person nominated by the board and may be used only as authorised by the board. PART 3—REGISTRATION Division 1—Preliminary Who may apply for registration 41. Only an individual may apply for registration. 5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act and relationship with other Acts) ABR WP 14 19 s 42 36 s 43 Medical Practitioners Registration Division 2—Applications for general registration Subdivision 1—Applications Procedural requirements for applications 42.(1) An application for general registration must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by— (i) _ satisfactory evidence of relevant qualifications; and (11) the application fee prescribed under a regulation (the "application fee"); and (11) the registration fee prescribed under a regulation (the "registration fee"); and (iv) any other documents, identified in the approved form, the board reasonably requires; and (v) if the applicant is registered under a corresponding law, written details of any conditions of the registration. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. Subdivision 2—Eligibility for general registration Eligibility 43.(1) An applicant for general registration is eligible for general registration if— (a) the applicant is qualified for general registration under section 44; and (b) the applicant is fit to practise the profession. (2) Without limiting subsection (1), the board may be satisfied the 22 24 26 s 44 37 8 45 Medical Practitioners Registration applicant is eligible for general registration by imposing conditions on the registration under section 59.6 (3) Also, sections 57 and 587 state when a registrant's general registration must be subject to probationary conditions. When applicant is qualified for general registration 44. An applicant for general registration is qualified for general registration if— (a) the applicant has successfully completed a medical course accredited by the Australian Medical Council; or (b) the applicant has passed the examination set by the Australian Medical Council for the purpose of qualifying persons for general registration. Fitness to practise the profession 45.(1) In deciding whether an applicant for general registration is fit to practise the profession, the board may have regard to the following— (a) the applicant's mental and physical health; (b) the applicant's command of the English language; (c) whether the applicant has been convicted of an indictable offence; (d) whether the applicant has been convicted of an offence against the repealed Act, this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (e) whether the applicant has been convicted of an offence, relating to the practice of the profession, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country (other than laws mentioned in paragraph (d)), including, for example an offence of that type against— 6 Section 59 (Imposition of other conditions by board) 7 Sections 57 (Imposition of internship conditions) and 58 (Imposition of supervised practice program conditions) Bo ne onan wn 12 15 17202326 s 45 38 s 45 Medical Practitioners Registration (f) (g) (h) (i) the Health Act 1937; or (11) the Fair Trading Act 1989; if the applicant has been registered under this Act or the repealed Act or is, or has been, registered under a corresponding law and the registration was affected— (i) _ by the imposition of a condition—the nature of the condition and the reason for its imposition; or (11) by its suspension or cancellation—the reason for its suspension or cancellation; or (11) in another way—the way it was affected and the reason for it being affected; if the applicant has successfully completed a medical course mentioned in section 44(a), or passed the examination mentioned in section 44(b), on a day (the "qualification day") that is more than 3 years before the date of application, the nature, extent and period of any practice of the profession by the applicant since the qualification day; any other issue relevant to the applicant's ability to competently and safely practise the profession. (2) The board may ask the commissioner of the police service for a written report about an applicant's criminal history. (3) If asked by the board, the commissioner of the police service must give the board a written report about the criminal history of the applicant, including the criminal history in the commissioner's possession or to which the commissioner has access. (4) In this section— "criminal history", of an applicant, means the applicant's criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986. Fo OA NHR NRW N ee ll etl etl eon' NAUPRWHN ee \o NN re Oo NNNWN nA B WN N a NN bp ow ny s 46 39 s 46 Medical Practitioners Registration Subdivision 3—Inquiries into applications Board's powers before deciding applications 46.(1) Before deciding the application, the board— (a) (b) (d) may investigate the applicant; and may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application; and may, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and may, by notice given to the applicant, require the applicant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess the applicant's ability to competently and safely practise the profession. (4) The purpose of an assessment under subsection (1)(d) must be to assess the applicant's mental and physical capacity to competently and safely practise the profession. (5) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) (b) (c) does not comply with a requirement under subsection (1)(b); or does not undergo an examination under subsection (1)(c); or does not undergo an assessment under subsection (1)(d). (6) A notice under subsection (1)(b), (c) or (d) must be given to the applicant within 60 days after the board receives the application. (7) Also, a notice under subsection (1)(d) must state— s47 40 s 48 Medical Practitioners Registration (a) the reason for the assessment; and (b) the name and qualifications of the person appointed by the board to conduct the assessment; and (c) the place where, and the day and time at which, the assessment is to be conducted. Appointment of appropriately qualified person to conduct health assessment 47.(1) This section applies if the board believes it is necessary for the applicant to undergo a health assessment under section 46(1)(d). (2) The board may appoint | or more appropriately qualified persons to conduct the assessment, in whole or part. (3) At least 1 of the persons appointed to conduct the assessment must be a medical practitioner. (4) Before appointing a person to conduct a health assessment, the board must be satisfied the person does not have a personal or professional connection with the applicant that may prejudice the way in which the person conducts the assessment. (5) In this section— "appropriately qualified", for a medical practitioner or other person conducting a health assessment, includes having the qualifications, experience, skills or knowledge appropriate to conduct the assessment. Report about health assessment 48.(1) A person appointed under section 47 to conduct all or part of a health assessment of the applicant must prepare a report about the assessment (an "assessment report"). (2) The assessment report must include— (a) the person's findings as to the applicant's mental and physical capacity to competently and safely practise the profession; and (b) if the person finds the applicant does not have the mental and physical capacity to practise the profession, the person's 2428 30 s 49 41 s49 Medical Practitioners Registration recommendations as to any conditions that could be imposed on the applicant's registration as a general registrant to overcome the incapacity. (3) The person must give the assessment report to the board. Use of assessment report 49.(1) An assessment report is not admissible in any proceedings, other than stated proceedings. (2) A person can not be compelled to produce the report, or to give evidence relating to the report or its contents, in any proceedings, other than stated proceedings. (3) Subsections (1) and (2) do not apply if the report is admitted or produced, or evidence relating to the report or its contents is given, with the consent of the person who prepared the report and the person to whom the report relates. (4) In this section— "assessment report" includes a copy of the report, or a part of the report or copy. "proceedings under the Health Practitioners (Professional Standards) Act 1999" includes a health assessment of a registrant by a health assessment committee under that Act. "stated proceedings" means— (a) areview of conditions under division 8;8 or (b) an appeal started under part 7;9 or (c) proceedings under the Health Practitioners (Professional Standards) Act 1999, not including proceedings for an offence against that Act. 8 Division 8 (Reviewing conditions of general registrations) 9 Part 7 (Appeals) BR WNe ao ntniwn 1214 17 192226 s 50 42 s 53 Medical Practitioners Registration Payment for health assessments and reports 50. A person who conducts a health assessment and prepares an assessment report for the board is entitled to be paid for his or her work by the board. Subdivision 4—Decision on applications Decision 51. The board must consider the application and decide to register, or refuse to register, the applicant as a general registrant. Steps to be taken after application decided 52.(1) If the board decides to register the applicant as a general registrant, it must as soon as practicable issue a certificate of general registration to the applicant. (2) If the board decides to refuse to register the applicant as a general registrant, it must as soon as practicable give the applicant an information notice about the decision. Failure to decide applications 53.(1) Subject to subsections (2) and (3), if the board fails to decide the application within 60 days after its receipt, the failure is taken to be a decision by the board to refuse to register the applicant as a general registrant. (2) Subsection (3) applies if the board has— (a) under section 46(1)(b),!0 required the applicant to give the board further information or a document; or (b) under section 46(1)(c), required the applicant to undergo an examination; or 10 Section 46 (Board's powers before deciding applications) BRwWN 11141820 23 25 $54 43 $54 Medical Practitioners Registration (c) under section 46(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to refuse to register the applicant as a general registrant if it fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. (4) This section does not apply if the applicant is registered as a provisional general registrant.!1 (5) This section is subject to section 54. Further consideration of applications 54.(1) This section applies if the board considers it needs further time to make a decision on the application because of the complexity of the matters that need to be considered in deciding the application. Example of an application for general registration that may require the consideration of complex matters— An application requiring the board to obtain and consider information about the applicant from a foreign regulatory authority. (2) The board may at any time before the final consideration day give notice to the applicant that— (a) because of the complexity of the matters that need to be considered in deciding the application, the board needs further time to decide the application; and (b) the period within which the board must decide the application is 11 If the applicant is registered as a provisional general registrant, section 69 states when the board is taken to have decided to refuse to register the applicant as a general registrant. Ree Fo OM ND UPW NH ee wd os 1720 22 24 26 s 54 44 854 Medical Practitioners Registration extended to a day (the "extended day") that is 60 days after the final consideration day. (3) Also, the applicant and board may at any time before the final consideration day agree in writing on a day (the "agreed extended day") by which the application is to be decided. (4) The board is taken to have decided to refuse to register the applicant as a general registrant if it does not decide the application by— (a) if subsection (2) applies—the extended day; or (b) if subsection (3) applies—the agreed extended day; or (c) if both subsections (2) and (3) apply—the later of the extended day or agreed extended day. (5) Subsection (4) does not apply if the applicant is registered as a provisional general registrant. 12 (6) In this section— "final consideration day" means the latest of the following days— (a) the day that is 60 days after receipt of the application; (b) if the board has, under section 46(1)(b), required the applicant to give the board further information or a document—the day that is 60 days after the board receives the further information or document; (c) if the board has, under section 46(1)(c), required the applicant to undergo an examination—the day that is 60 days after the board receives the results of the examination; (d) if the board has, under section 46(1)(d), required the applicant to undergo a health assessment—the day that is 60 days after the board receives the assessment report. 12 If the applicant is registered as a provisional general registrant, section 69 states when the board is taken to have decided to refuse to register the applicant as a general registrant. Rw Ne (elles WN Fo 0 OND WN Ee Be Hn nn Nee SCOMmN NNN WNe N NN Hun s 55 45 s57 Medical Practitioners Registration Subdivision 5—Information in certificates of general registration Forms of certificates of general registration 55.(1) A certificate of general registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant's name; (b) the period of the registration; (c) any conditions of registration, including, for example, probationary conditions. Subdivision 6—Period of general registration Period 56.(1) The period of registration that is to apply to general registrants is the period (the "general registration period"), not more than 3 years, prescribed under a regulation. (2) If the board decides to register an applicant for general registration as a general registrant during a general registration period, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the general registration period. Subdivision 7—Conditions of general registration Imposition of internship conditions 57.(1) This section applies if— (a) the board decides to register an applicant for general registration who has successfully completed a medical course stated in section 44(a) as a general registrant; and oI DA HW Bw wD 121518 21 23 s57 46 s57 Medical Practitioners Registration (b) the applicant has not started or, to the board's satisfaction, completed— (i) the internship, for the profession, that is prescribed under a regulation (the "prescribed internship"); or (11) an internship, for the profession, that is substantially equivalent to the prescribed internship. (2) In making its decision under subsection (1)(b)(ii), the board may have regard to the following— (a) the duration of any internship undertaken by the applicant; and (b) the nature and extent of the experience gained, and training undertaken, during the internship. (3) The board must impose the following conditions on the registration— (a) if the registrant has not started an internship for the profession— (i) that the registrant may practise the profession only in accordance with the prescribed internship; and (11) that the registrant must complete the prescribed internship, to the board's satisfaction, within the period prescribed under a regulation; (b) ifthe registrant has started an internship for the profession— (i) that the registrant may practise the profession only in accordance with the part of the prescribed internship decided by the board for the registrant; and (11) that the registrant must complete the part of the prescribed internship, to the board's satisfaction, within the period decided by the board. (4) In deciding the part of the prescribed internship to be completed, and the period within which it must be completed, the board may have regard to the following— (a) the nature, extent and recency of the experience gained, and training undertaken, in the practice of the profession by the applicant during the partially completed internship; BESO © OI AN BW NY Se See N = w Ree ns RP Re ona e \o NNN NRO N N ARS NNW ona WW wp SeBoSs s 58 47 s 58 Medical Practitioners Registration (b) any reports from persons who have supervised the applicant in the practice of the profession. (5) The board must as soon as practicable give the applicant an information notice about the internship conditions imposed under subsection (3)(b). Imposition of supervised practice program conditions 58.(1) This section applies if— (a) the board decides to register an applicant for general registration who has passed an examination stated in section 44(b) as a general registrant; and (b) the applicant does not, in the board's reasonable opinion, have relevant practical experience in the profession. (2) In deciding whether the applicant has relevant practical experience in the profession, the board may have regard to the following— (a) the nature and extent of the applicant's practical experience in the profession; (b) advice and recommendations about the applicant from an entity recognised by the board as competent to assess training in the practice of the profession. (3) The board must impose the following conditions on the registration— (a) that the registrant may practise the profession only in accordance with a supervised practice program, approved by the board, for the registrant; (b) that the registrant must complete, to the board's satisfaction, the program within the period, not more than | year, decided by the board. (4) In deciding the content of the program under subsection (3)(a), and the period under subsection (3)(b), the board may have regard to the nature and extent of the applicant's practical experience in the profession. (5) The board must as soon as practicable give the applicant an information notice about the board's decisions under subsection (1)(b) and (3). ABW NYE ona 12 14 16 182226 2831 s59 48 s59 Medical Practitioners Registration (6) In this section— "relevant practical experience", in the profession, means experience in the profession that results in a level of knowledge of Australian health care practices that is at least equivalent to the knowledge provided by completing the prescribed internship. Imposition of other conditions by board 59.(1) In addition to any conditions imposed under section 57 or 58, the board may decide to register an applicant for general registration as a general registrant on conditions the board considers necessary or desirable for the applicant to competently and safely practise the profession. Example of conditions of general registration— A condition prohibiting a general registrant engaging in stated procedures related to the practice of the profession. (2) If the board decides to register an applicant for general registration as a general registrant on conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions;!3 and (b) give the applicant an information notice about the decisions. (3) If the board decides to register an applicant for general registration as a general registrant on conditions because of the applicant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (4) The board must decide not to record details of the conditions mentioned in subsection (3) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details. 13° The conditions may be reviewed under division 8 (Reviewing conditions of general registrations). s 60 49 s 62 Medical Practitioners Registration Contravention of conditions 60. A general registrant must not contravene a condition of the registration, including, for example, probationary conditions, imposed under this Act. Maximum penalty—100 penalty units. Division 3—Provisional general registration Meaning of "authorised person" for div 3 61.(1) In this division— "authorised person" means any of the following persons who are authorised by the board to decide to register a person as a provisional general registrant— (a) the executive officer; (b) a member; (c) amember of the office's staff. (2) An authority mentioned in subsection (1) may be limited by reference to specified conditions, exceptions or factors. Provisional general registration of a person on internship conditions 62.(1) This section applies if— (a) aperson who has successfully completed a medical course stated in section 44(a) applies for general registration; and (b) the applicant has not started an internship for the profession. (2) Subsection (3) applies if an authorised person reasonably considers— (a) the applicant is eligible for the registration without conditions (other than internship conditions); and (b) that because of the period before the board is likely to consider the application in the ordinary course of its business, it is not reasonable for the applicant to have to wait for the board to consider the application. na BWh 11 1316 18 20 22 24 2628 s 63 50 s 63 Medical Practitioners Registration (3) The authorised person may decide to register the applicant as a provisional general registrant on the internship conditions mentioned in section 57(3)(a). (4) Subsection (5) applies if an authorised person or the board— (a) reasonably considers, subject to the applicant giving the board further evidence of the applicant's relevant qualifications, the applicant is eligible for the registration without conditions (other than internship conditions); or (b) reasonably considers— (i) the applicant would be eligible for the registration without conditions (other than internship conditions), other than for the fact that the relevant qualifications relied on by the applicant have not been conferred on, or awarded to, the applicant; and (11) the applicant is entitled to have the relevant qualifications conferred on, or awarded to, him or her. (5) The authorised person or board may decide to register the applicant as a provisional general registrant on the internship conditions mentioned in section 57(3)(a). (6) If the authorised person or board decides to register the applicant as a provisional general registrant, the authorised person or board must as soon as practicable issue a certificate of provisional general registration to the applicant. (7) An authorised person or the board may not decide to register a person as a provisional general registrant on conditions, other than the internship conditions mentioned in section 57(3)(a). Confirmation or cancellation of provisional general registration 63.(1) If an authorised person decides to register an applicant for general registration as a provisional general registrant, the authorised person must as soon as practicable report to the board about the basis for the authorised person's decision. (2) The board must consider the report and decide whether to confirm or cancel the provisional general registration. AOADUN FBP WNeR 111316 182123 26 2931 33 s 64 51 s 66 Medical Practitioners Registration (3) In making its decision, the board must consider whether the authorised person should have decided to register the applicant as a provisional general registrant. (4) If the board decides to cancel the provisional general registration, it must as soon as practicable give the applicant notice of its decision. Procedure after cancellation of provisional general registration 64.(1) This section applies if the board decides, under section 63, to cancel a person's provisional general registration. (2) The notice of cancellation must include the reason for the decision. (3) The decision takes effect on the day the notice is given to the person. (4) The person must return the certificate of provisional general registration to the board within 14 days after receiving the notice, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (5) Even though the board decides to cancel a person's provisional general registration, it must still consider the person's application for general registration. Form of certificate of provisional general registration 65.(1) A certificate of provisional general registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant's name; (b) the period of the registration; (c) the internship conditions imposed on the registration. Period 66. The provisional general registration of a person remains in force for the period, not more than 6 months, decided by the authorised person or ns WwW NR 20 2224 27 $67 52 s 68 Medical Practitioners Registration board when deciding to register the person as a provisional general registrant. Board decides to register provisional general registrant as a general registrant 67.(1) This section applies if— (a) aperson is a provisional general registrant; and (b) the board decides to register the person as a general registrant. (2) The provisional general registration is cancelled when the person receives a certificate of general registration under section 52(1).!4 (3) The general registration— (a) is taken to have started from the day the person was registered as a provisional general registrant; and (b) is subject to the internship conditions to which the provisional general registration was subject. (4) The internship conditions are taken to have been imposed under section 57(3)(a). Board decides to refuse to register provisional general registrant as a general registrant 68.(1) This section applies if— (a) aperson is a provisional general registrant; and (b) the board decides to refuse to register the person as a general registrant. (2) The provisional general registration is cancelled when an information notice about the decision is given to the person under section 52(2). 14 Section 52 (Steps to be taken after application decided) Ne Com XY DH WNW Bw 12 14 16 18 20 22 24 s 69 53 s 70 Medical Practitioners Registration (3) The person must return the certificate of provisional general registration to the board within 14 days after receiving the information notice, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. Deemed refusal by board to register provisional general registrant as a general registrant 69.(1) This section applies if— (a) aperson is a provisional general registrant; and (b) other than for section 53(4) or 54(5),!5 the board would have been taken to have decided to refuse to register the person as a general registrant. (2) The board is taken to have decided to refuse to register the person as a general registrant on the expiry of the provisional general registration. Division 4—Renewal of general registrations Subdivision 1—Preliminary Meaning of "recency of practice requirements" 70.1) "Recency of practice requirements" are requirements, prescribed under a regulation, that if satisfied demonstrate that an applicant for renewal of a general registration has maintained an adequate connection with the profession. (2) The requirements may include requirements about the following— (a) the nature, extent and period of practice of the profession by the applicant; (b) the nature and extent of any continuing professional education undertaken by the applicant; 15 Section 53 (Failure to decide applications) or 54 (Further consideration of applications) BR WNe FBowow OX AY ee 1820 23 25 s71 54 s 72 Medical Practitioners Registration (c) the nature and extent of any research, study or teaching, relating to the profession, undertaken by the applicant; (d) the nature and extent of any administrative work, relating to the profession, performed by the applicant. Subdivision 2—Applications for renewal of general registrations Notification of imminent expiry of registration 71. The board must give a general registrant notice of the imminent expiry of the registration at least 60 days before the expiry. Procedural requirements for applications 72.(1) A general registrant may apply to the board for the renewal of the registration. (2) The application must be made within the period— (a) starting— (i) 60 days before the expiry of the registration; or (11) on an earlier day, if any, stated in the notice given to the registrant under section 71; and (b) ending immediately before the expiry. (3) The application must— (a) bein the approved form; and (b) be accompanied by— (i) _ the registration fee; and (11) any documents, identified in the approved form, the board reasonably requires to decide the application. (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. (5) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical Rw Ne 11 1316 182023 25 27 s 73 55 s 73 Medical Practitioners Registration (b) condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the applicant's ability to competently and safely practise the profession;!6 if there are recency of practice requirements relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. General registration taken to be in force while application is considered 73.(1) If an application is made under section 72, the applicant's general registration is taken to continue in force from the day it would, apart from this section, have expired until— (a) (b) (c) if the board decides to renew the applicant's general registration—the day a new certificate of general registration is issued to the applicant under section 77(1); or if the board decides to refuse to renew the applicant's general registration—the day an information notice about the decision is given to the applicant under section 77(2); or if the application is taken to have been withdrawn under section 74(4)—the day it is taken to have been withdrawn. (2) Subsection (1) does not apply if the registration is earlier cancelled under this Act or suspended or cancelled under the Health Practitioners (Professional Standards) Act 1999. 16 If this information indicates to the board that the applicant may be an impaired registrant under the Health Practitioners (Professional Standards) Act 1999, the applicant may be dealt with under that Act. Naw BRwWNRe 11141720 22 s 74 56 s 75 Medical Practitioners Registration Subdivision 3—Decision on applications Inquiries into applications 74.(1) Before deciding the application, the board— (a) may investigate the applicant; and (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application; and (c) may, if the board is not satisfied the applicant has satisfied recency of practice requirements, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess any effect the applicant's non-satisfaction of the requirements has on the applicant's ability to competently and safely practise the profession. (4) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) does not comply with a requirement under subsection (1)(b); or (b) does not undergo an examination under subsection (1)(c). Decision 75.(1) The board must consider the application and decide to renew, or refuse to renew, the applicant's general registration. 25 s 76 57 s 76 Medical Practitioners Registration (2) In making its decision, the board must have regard only to the extent, if any, to which the applicant has satisfied recency of practice requirements.!7 (3) If there are no recency of practice requirements relevant to the applicant, the board must decide to renew the applicant's general registration. Recency of practice requirements are not satisfied 76.(1) This section applies if the board is not satisfied the applicant has satisfied recency of practice requirements. (2) The board may decide to renew the applicant's general registration on conditions ("recency of practice conditions") the board considers will sufficiently address the extent to which the applicant has not satisfied the requirements. (3) Before deciding to renew the registration on recency of practice conditions, the board must— (a) give notice to the applicant— (i) of the details of the proposed conditions; and (11) of the reason for the proposed imposition of the conditions; and (111) that the applicant may make a written submission to the board about the proposed conditions within a reasonable time of at least 14 days stated in the notice; and (b) have regard to any written submission made to the board by the applicant before the stated day. 17 Under section 76(2), the board may decide to renew the registration on recency of practice conditions if the board is not satisfied the applicant has satisfied recency of practice requirements. Dune wd 1113 15 17 19 2124 s77 58 s77 Medical Practitioners Registration (4) If the board decides to renew the registration on recency of practice conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions;!8 and (b) give the applicant an information notice about the decisions. (5) The imposition of the conditions takes effect on the later of the following— (a) when the information notice is given to the applicant; (b) immediately after the day the registration would have expired, other than for its renewal. Steps to be taken after application decided 77.(1) If the board decides to renew the applicant's general registration, it must as soon as practicable issue a new certificate of general registration to the applicant. (2) If the board decides to refuse to renew the applicant's general registration, it must as soon as practicable give the applicant an information notice about the decision. (3) Without affecting section 76(2), if the board decides to renew the applicant's general registration, the renewed general registration is subject to the conditions, including, for example, probationary conditions, attaching to the registration immediately before the decision takes effect.19 18 The conditions may be reviewed under division 8 (Reviewing conditions of general registrations). 19 The conditions may include conditions imposed under the Health Practitioners (Professional Standards) Act 1999. Ome NY DWN FBP WO NK 12151820 s 78 59 s 80 Medical Practitioners Registration Division 5—Restoration of general registrations Application of div 4, sdivs 1 and 3 78. For restoring a general registration, division 4, subdivisions | and 3, other than sections 76(5) and 77(3),29 apply as if— (a) an application for renewal of a general registration were an application for restoration of a general registration; and (b) anapplicant for renewal ofa general registration were an applicant for restoration of a general registration; and (c) arenewal of a general registration were a restoration of a general registration. When an application for restoration of a general registration may be made 79. If a person's general registration has expired, the person may apply to the board for restoration of the registration within 3 months after the expiry. Procedural requirements for applications 80.(1) The application must— (a) bein the approved form; and (b) be accompanied by— (i) the restoration fee prescribed under a regulation (the "restoration fee"); and (11) any documents, identified in the approved form, the board reasonably requires to decide the application. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. 20 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and 3 (Decision on applications), sections 76 (Recency of practice requirements are not satisfied) and 77 (Steps to be taken after application decided) SO ON AN DPW Bw 12 14 1618 20 22 24 s 81 60 s 83 Medical Practitioners Registration (3) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the applicant's ability to competently and safely practise the profession;21! (b) if there are recency of practice requirements relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. Period of restored registration 81. If the board decides to restore the applicant's general registration during a general registration period, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the general registration period. Conditions of expired registration 82. Without affecting section 76(2), as applied by section 78, if the board decides to restore the applicant's general registration, the registration is subject to the conditions, including, for example, probationary conditions, attaching to the registration immediately before its expiry. When recency of practice conditions take effect 83. If the board decides to restore the applicant's general registration on recency of practice conditions, the imposition of the conditions takes effect when the information notice about the decision is given by the board to the applicant. 21 If this information indicates to the board that the applicant may be an impaired registrant under the Health Practitioners (Professional Standards) Act 1999, the applicant may be dealt with under that Act. Cort ANFWND 1215 1820 2325 s 84 61 s 85 Medical Practitioners Registration Division 6—Cancellation of general registrations Grounds for cancellation 84. A general registration may be cancelled, under this division, on any of the following grounds— (a) (b) (c) (d) (e) that the registration happened because of a materially false or misleading representation or declaration; for a registration on internship conditions mentioned in section 57(3)(a)—that the registrant has not completed the prescribed internship, to the board's satisfaction, within the period stated in section 57(3)(a)(i1); for a registration on internship conditions mentioned in section 57(3)(b)—that the registrant has not completed the prescribed internship, to the board's satisfaction, within the period decided by the board under section 57(3)(b)(1i); for a registration on supervised practice program conditions—that the registrant has not completed, to the board's satisfaction, the supervised practice program approved by the board for the registrant within the period decided by the board under section 58(3)(b); for a registration on probationary conditions extended under section 94(1)(b)(11)—that the registrant has not completed the prescribed internship or supervised practice program, to the board's satisfaction, within the extended period. Show cause notice 85.(1) If the board believes the ground exists to cancel a general registration, the board must before taking action to cancel the registration give the registrant a notice (a "show cause notice"). (2) The show cause notice must— (a) (b) state the board proposes to cancel the registration; and state the ground for the proposed cancellation; and 2629 s 86 62 s 88 Medical Practitioners Registration (c) outline the facts and circumstances forming the basis for the ground; and (d) invite the registrant to show within a stated period (the "show cause period") why the registration should not be cancelled. (3) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the registrant. Representations about show cause notices 86.(1) The registrant may make written representations about the show cause notice to the board in the show cause period. (2) The board must consider all written representations (the "accepted representations") made under subsection (1). Ending show cause process without further action 87.(1) This section applies if, after considering the accepted representations for the show cause notice, the board no longer believes the ground exists to cancel the registration. (2) The board must not take any further action about the show cause notice. (3) The board must also as soon as practicable after coming to the belief give notice to the registrant that no further action is to be taken about the show cause notice. Cancellation 88.(1) This section applies if, after considering the accepted representations for the show cause notice, the board— (a) still believes the ground exists to cancel the registration; and (b) believes cancellation of the registration is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The board may decide to cancel the registration. Dn BPW NE 11 1417 1923 25 27 s 89 63 s91 Medical Practitioners Registration (4) If the board decides to cancel the registration, it must as soon as practicable give the registrant an information notice about the decision. (5) The decision takes effect on the day the information notice is given to the registrant. Return of cancelled certificate of general registration to board 89.(1) This section applies if the board decides to cancel a general registration and gives an information notice for the decision to the registrant. (2) The registrant must return the certificate of general registration to the board within 14 days after receiving the information notice, unless the registrant has a reasonable excuse. Maximum penalty for subsection (2)—10 penalty units. Division 7—Reviewing probationary conditions on general registrations Review of probationary conditions 90. Probationary conditions may be reviewed under this division. Registrant to give notice of completion of internship, or supervised practice program, to board 91.(1) A registrant whose registration is subject to internship conditions must, within 7 days after completing the prescribed internship, or the part of the prescribed internship, give notice of the completion to the board. (2) A registrant whose registration is subject to supervised practice program conditions must, within 7 days after completing the supervised practice program approved by the board for the registrant, give notice of the completion to the board. (3) The notice must— (a) bein the approved form; and (b) be accompanied by the fee prescribed under a regulation. Rw Ne coOoOmMm ND Ww 14 16 182123 26 $92 64 s 93 Medical Practitioners Registration Board to give notice to internship nominee or supervisor 92.(1) As soon as practicable after receiving a registrant's notice under section 91(1), the board must give a notice to the internship nominee for the program undertaken by the registrant. (2) The notice must require the internship nominee to give an internship report for the registrant to the board within 14 days after receiving the notice. (3) The internship nominee must comply with the notice, unless the nominee has a reasonable excuse. Maximum penalty—10 penalty units. (4) As soon as practicable after receiving a registrant's notice under section 91(2), the board must give a notice to the person (the "supervisor") who was supervising the registrant at the time the registrant completed the program. (5) The notice must require the supervisor to give a supervised practice program report for the registrant to the board within 14 days after receiving the notice. (6) The supervisor must comply with the notice, unless the supervisor has a reasonable excuse. Maximum penalty—10 penalty units. (7) In this section— "internship nominee", for an intern training program or intern training secondment program, means the person nominated in writing to the board, as being the internship nominee for the program, by the holder of the accreditation certificate for the program. Board's powers before making decision 93.(1) Before making its decision under section 94, the board— (a) may investigate the registrant; and (b) may, by notice given to the registrant, require the registrant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to make the decision; and CO ADDN BWH LY e Oo aa BRWN Ee RP Ree NAW ee \o No N re SO NNN bv mB wb 273032 $94 65 $94 Medical Practitioners Registration (c) may, by notice given to the registrant, require the registrant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess the registrant's ability to competently and safely practise the profession. Decision 94.(1) After reviewing the internship report or supervised practice report and any information or document about the registrant obtained under section 93, the board must decide— (a) ifthe board is satisfied the registrant has satisfactorily completed the internship or program—to remove the probationary conditions; or (b) otherwise— (1) to cancel the registrant's registration under division 6; or (11) to extend the probationary conditions for a period of not more than 1 year, by requiring the registrant to undertake a part of the internship or program, if the board considers the registrant will satisfactorily complete the internship or program during the period. (2) Subsection (1)(b)(ii) applies despite section 57(3)(a)(i1) or (b)(ii). (3) If the board does not receive the internship report or supervised practice report within the time stated in section 92(2) or (5), the board must make a decision mentioned in subsection (1) on the basis of any information or document about the registrant obtained under section 93. (4) If the board decides— (a) to extend the probationary conditions, it must as soon as practicable give the registrant an information notice about the decision; or oon nn BRwWNe 121518 20222628 31 s 95 66 s 96 Medical Practitioners Registration (b) to remove the probationary conditions, it must give the registrant notice of the decision. When decision takes effect 95.(1) If the board decides to extend the probationary conditions, the decision takes effect when an information notice about the decision is given to the registrant under section 94(4)(a). (2) If the board decides to remove the conditions, the removal takes effect when notice of the decision is given to the registrant under section 94(4)(b) and does not depend on the certificate of general registration being amended to record the removal or a replacement certificate of general registration being issued. Failure by board to make decision 96.(1) This section applies if the board fails to make a decision under section 94— (a) within 60 days after receiving the internship report or supervised practice report; or (b) if the board does not receive the report, within 60 days after the latest day on which the board should have received the report. (2) Subject to subsections (3) and (4), the failure is taken to be a decision by the board to remove the probationary conditions. (3) Subsection (4) applies if the board has— (a) under section 93(1)(b), required the registrant to give the board further information or a document; or (b) under section 93(1)(c), required the registrant to undergo an examination. (4) The board is taken to have decided to remove the probationary conditions if the board fails to make a decision under section 94 by the later of the following days— (a) the day that is 60 days after the board receives the further information or document; FOO AN AW Ww ee 14 16 18 20 23 25 2730 s97 67 s97 Medical Practitioners Registration (b) the day that is 60 days after the board receives the results of the examination. (5) The removal takes effect from the latest of the days mentioned in subsection (1) or (4) by which the board should have made its decision and does not depend on the certificate of general registration being amended to record the removal or a replacement certificate of general registration being issued. Amending or replacing certificates of general registration 97.(1) This section applies if— (a) a general registrant receives a notice under section 94(4)(b); or (b) the board is taken, under section 96(2) or (4), to have decided to remove probationary conditions from a general registrant's general registration. (2) The registrant must, unless the registrant has a reasonable excuse, return the certificate of general registration to the board— (a) if the registrant receives a notice under section 94(4)(b)—within 14 days after receiving the notice; or (b) ifthe board is taken, under section 96(2) or (4), to have decided to remove the conditions—within 14 days after the day the registrant actually becomes aware of the removal. Maximum penalty—10 penalty units. (3) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or (b) if the board does not consider it practicable to amend the certificate, issue another certificate of general registration to the registrant to replace the certificate returned to the board. NYDAWn pW Ne o 1215 17 1922 24 26 s 98 68 s 100 Medical Practitioners Registration Division 8—Reviewing conditions of general registrations Subdivision 1—Review of conditions imposed by the board or District Court Review of conditions 98. Conditions, other than probationary conditions, imposed on a general registration under this Act may be reviewed under this division. How registrant may start a review 99.(1) The registrant to whom the conditions relate may apply to the board for a review of the conditions. (2) However, the application must not be made— (a) during the review period applying to the conditions; or (b) while an appeal to the District Court about the decision to impose the conditions is pending. (3) The application must— (a) bein the approved form; and (b) be accompanied by the fee prescribed under a regulation. (4) The approved form must require the registrant to state— (a) that the registrant believes the conditions are no longer appropriate; and (b) the reason for the registrant's belief. (5) The board must consider the application and make a decision under section 104. Review of conditions during review period 100.(1) This section applies if, during the review period applying to the conditions, the board reasonably believes the conditions may no longer be appropriate. 11 13 1517 19 22 26 s101 69 s 101 Medical Practitioners Registration (2) The board may, with the written agreement of the registrant to whom the conditions relate, review the conditions. Board's powers before making decision su su 101.(1) Before making its decision under section 104, the board— (a) (b) (d) may investigate the registrant; and may, by notice given to the registrant, require the registrant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to make the decision; and may, by notice given to the registrant, require the registrant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and may, by notice given to the registrant, require the registrant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in bsection (1)(b) to be verified by a statutory declaration. (3) Subject to section 104(2), the purpose of an examination under bsection (1)(c) must be to assess the registrant's ability to competently and safely practise the profession. su cal (4) Subject to section 104(2), the purpose of an assessment under bsection (1)(d) must be to assess the registrant's mental and physical pacity to competently and safely practise the profession. (5) Also, a notice under subsection (1)(d) must state— (a) (b) (c) the reason for the assessment; and the name and qualifications of the person appointed by the board to conduct the assessment; and the place where, and the day and time at which, the assessment is to be conducted. Ne CID NN FW 121518 202326 28 30 s 102 70 s 103 Medical Practitioners Registration Application of ss 47-50 102.(1) This section applies if the board believes it is necessary for the registrant to undergo a health assessment under section 101(1)(d). (2) Sections 47 to 5022 apply as if— (a) an applicant for general registration were the registrant; and (b) the reference in section 47(1) to section 46(1)(d) were a reference to section 101(1)(d). Deemed withdrawal of application etc. 103.(1) Subsections (2) and (3) apply if the conditions are being reviewed because of an application made by the registrant under section 99. (2) The registrant is taken to have withdrawn the application 1f, within the stated time, the registrant— (a) does not comply with a requirement under section 101(1)(b); or (b) does not undergo an examination under section 101(1)(c); or (c) does not undergo an assessment under section 101(1)(d). (3) A notice under section 101(1)(b), (c) or (d) must be given to the registrant within 60 days after the board receives the application. (4) Subsections (5) and (6) apply if the conditions are being reviewed under section 100. (5) The board is taken to have decided to confirm the conditions if, within the stated time, the registrant— (a) does not comply with a requirement under section 101(1)(b); or (b) does not undergo an examination under section 101(1)(c); or (c) does not undergo an assessment under section 101(1)(d). 22 Sections 47 (Appointment of appropriately qualified person to conduct health assessment), 48 (Report about health assessment), 49 (Use of assessment report) and 50 (Payment for health assessments and reports) YD HW pp WH 12 1417 19 21 23 s 104 71 s 105 Medical Practitioners Registration (6) A notice under section 101(1)(b), (c) or (d) must be given to the registrant within 60 days after the board agrees with the registrant to review the conditions. Decision 104.(1) After reviewing the conditions, the board must decide— (a) to confirm the conditions; or (b) to remove the conditions; or (c) to change the conditions. (2) In making its decision, the board must consider whether the conditions remain necessary or desirable for the registrant to competently and safely practise the profession. (3) If the board decides to confirm or change the conditions, the conditions may only be confirmed or changed for the reasons the conditions were initially imposed. (4) If the board decides to confirm or change the conditions, it must as soon as practicable— (a) also decide the review period applying to the confirmed or changed conditions; and (b) give the registrant an information notice about the decisions. (5) If the board decides to remove the conditions, it must as soon as practicable give the registrant notice of the decision. When decision takes effect 105.(1) If the board decides to confirm the conditions, the decision takes effect when it is made. (2) If the board decides to change the conditions, the change takes effect when an information notice about the decision is given to the registrant under section 104(4)(b) and does not depend on the certificate of general registration being amended to record the change or a replacement certificate of general registration being issued. wn eee SR BRWN FOO MN DA WN BE RP Re ee on AWN e \o NN re Oo 24 2628 s 106 72 s 106 Medical Practitioners Registration (3) If the board decides to remove the conditions, the removal takes effect when notice of the decision is given to the registrant under section 104(5) and does not depend on the certificate of general registration being amended to record the removal or a replacement certificate of general registration being issued. Failure by board to make decision on application 106.(1) Subject to subsections (2) and (3), if the board fails to decide an application under section 9923 within 60 days after its receipt, the failure is taken to be a decision by the board to remove the conditions. (2) Subsection (3) applies if the board has— (a) under section 101(1)(b),24 required the applicant to give the board further information or a document; or (b) under section 101(1)(c), required the applicant to undergo an examination; or (c) under section 101(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to remove the conditions if the board fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. (4) The removal of the conditions under subsection (1) or (3) does not depend on the certificate of general registration being amended to record the removal or a replacement certificate of general registration being issued. 23 Section 99 (How registrant may start a review) 24 Section 101 (Board's powers before making decision) nNBWNe oon lon 14 16 18 20 22 24 26 s 107 73 s 108 Medical Practitioners Registration Failure by board to make decision on review agreed to under s 100 107.(1) Subject to subsections (2) and (3), if the board fails to make a decision on a review agreed to under section 10025 within 60 days after the agreement, the failure is taken to be a decision by the board to remove the conditions. (2) Subsection (3) applies if the board has— (a) under section 101(1)(b), required the registrant to give the board further information or a document; or (b) under section 101(1)(c), required the registrant to undergo an examination; or (c) under section 101(1)(d), required the registrant to undergo a health assessment. (3) The board is taken to have decided to remove the conditions if the board fails to make a decision on the review by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. (4) The removal of the conditions under subsection (1) or (3) does not depend on the certificate of general registration being amended to record the removal or a replacement certificate of general registration being issued. Further decision required if certain conditions changed 108.(1) This section applies if the conditions were imposed because of the registrant's mental and physical health. (2) If the board decides to change the conditions, it must also decide whether details of the changed conditions must be recorded in the register for the period for which the conditions are in force. 25 Section 100 (Review of conditions during review period) 27 29 s 109 74 s 109 Medical Practitioners Registration (3) The board must decide not to record details of the changed conditions in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details. Subdivision 2—Recording change, or removal, of conditions Amendment of, or replacing, certificates of general registration 109.(1) This section applies if— (a) a general registrant receives an information notice, under section 104(4)(b), about decisions relating to a change of the conditions of the registration; or (b) a general registrant receives a notice, under section 104(5), about a decision to remove the conditions of the registration; or (c) the board is taken, under section 106 or 107, to have decided to remove the conditions of a general registration. (2) The registrant must return the certificate of general registration to the board— (a) if subsection (1)(a) or (b) applies—within 14 days after receiving the notice, unless the registrant has a reasonable excuse; or (b) if subsection (1)(c) applies—within 14 days after the day the registrant actually becomes aware of the removal. Maximum penalty—10 penalty units. (3) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or (b) if the board does not consider it practicable to amend the certificate, issue another certificate of general registration to the registrant to replace the certificate returned to the board. s 110 75 s111 Medical Practitioners Registration Division 9—Specialist registration Subdivision 1—Applications Procedural requirements for applications 110.(1) An application for specialist registration must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by— (i) _ satisfactory evidence of relevant qualifications; and (11) the application fee prescribed under a regulation (the "specialist application fee"); and (11) the registration fee prescribed under a regulation (the "specialist registration fee"); and (iv) any other documents, identified in the approved form, the board reasonably requires; and (v) if the applicant is registered under a corresponding law, written details of any conditions attaching to the registration. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. Subdivision 2—Eligibility for specialist registration Eligibility 111.(1) An applicant for specialist registration in a specialty is eligible for specialist registration in the specialty if— (a) the applicant is a general registrant; and (b) the applicant has— (i) an Australian or New Zealand qualification, in the specialty, that is prescribed, for the specialty, under a regulation; or 22 24 26 s111 76 s111 Medical Practitioners Registration (11) a qualification, in the specialty, the board considers is substantially equivalent to, or based on similar competencies to that required for, a current qualification in the specialty. (2) Also, an applicant for specialist registration who is not a general registrant is eligible for specialist registration in a specialty if— (a) the applicant is fit to practise the specialty; and (b) has a qualification in, and experience in the practice of, the specialty the board considers are sufficient as a basis for specialist registration in the specialty. (3) Without limiting subsections (1) and (2), the board may be satisfied the applicant is eligible for specialist registration in the specialty by imposing conditions on the registration under section 121(1). (4) For deciding under subsection (2)(a) whether the applicant is fit to practise the specialty, section 4526 applies as if— (a) an applicant for general registration were an applicant for specialist registration; and (b) the profession were the specialty. (5) In making its decision under subsection (1)(b)(i1) or (2)(b), the board may have regard to the advice and recommendations of — (a) any relevant Australian specialist college or institution for the specialty; and (b) the Australian Medical Council. (6) In this section— "current qualification", in a specialty, means a qualification in the specialty mentioned in a regulation made under subsection (1)(b)(i), that may be conferred or awarded as a result of the successful completion of a course offered, at the date of the applicant's application for specialist registration, by the educational institution mentioned in relation to the qualification. 26 Section 45 (Fitness to practise the profession) on DA AR WHY \o eee NRO ee Rw eR num a nN ee \o NN re Oo NN wioN NNNNNWN OMONDUNA s 112 77 s 112 Medical Practitioners Registration Subdivision 3—Inquiries into applications Board's powers before deciding applications 112.(1) Before deciding the application, the board— (a) may investigate the applicant; and (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application; and (c) may, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and (d) ifthe applicant is not a general registrant—may, by notice given to the applicant, require the applicant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess the applicant's ability to competently and safely practise the specialty to which the application relates. (4) The purpose of an assessment under subsection (1)(d) must be to assess the applicant's mental and physical capacity to competently and safely practise the specialty. (5) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) fails to comply with a requirement under subsection (1)(b); or (b) fails to undergo an examination under subsection (1)(c); or (c) does not undergo an assessment under subsection (1)(d). (6) A notice under subsection (1)(b), (c) or (d) must be given to the applicant within 60 days after the board receives the application. s 113 78 s114 Medical Practitioners Registration (7) Also, a notice under subsection (1)(d) must state— the reason for the assessment; and the name and qualifications of the person appointed by the board to conduct the assessment; and the place where, and the day and time at which, the assessment is to be conducted. Application of ss 47-50 Decision 113.(1) This section applies if the board believes it is necessary for the applicant to undergo a health assessment under section 112(1)(d). (2) Sections 47 to 5027 apply as if— (a) (b) (c) (d) (e) an applicant for general registration were the applicant; and the profession were the specialty; and a general registrant were a specialist registrant in the specialty; and the reference in section 47(1) to section 46(1)(d)?8 were a reference to section 112(1)(d); and the reference in section 49(4), definition "stated proceedings" to division 8 were a reference to division 8, as applied by section 124. Subdivision 4—Decision on applications 114. The board must consider the application and decide to register, or refuse to register, the applicant as a specialist registrant in the specialty. Sections 47 (Appointment of appropriately qualified person to conduct health assessment), 48 (Report about health assessment), 49 (Use of assessment report) and 50 (Payment for health assessments and reports) Section 46 (Board's powers before deciding applications) DAN BPW NY 1113 15 1722 s 115 79 s 116 Medical Practitioners Registration Steps to be taken after application decided 115.(1) If the board decides to register the applicant as a specialist registrant, it must as soon as practicable issue a certificate of specialist registration to the applicant. (2) If the board decides to refuse to register the applicant as a specialist registrant, the board must as soon as practicable give the applicant an information notice about the decision. Failure to decide applications 116.(1) Subject to subsections (2) and (3), if the board fails to decide the application within 60 days after its receipt, the failure is taken to be a decision by the board to refuse to register the applicant as a specialist registrant. (2) Subsection (3) applies if the board has— (a) under section 112(1)(b), required the applicant to give the board further information or a document; or (b) under section 112(1)(c), required the applicant to undergo an examination; or (c) under section 112(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have refused to register the applicant as a specialist registrant if the board fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. NaWN FBwWN 1115 17 19 2124 26 28 s117 80 s117 Medical Practitioners Registration (4) This section does not apply if the applicant is registered as a provisional specialist registrant.29 (5) This section is subject to section 117. Further consideration of applications 117.(1) This section applies if the board considers it needs further time to make a decision on the application because of the complexity of the matters that need to be considered in deciding the application. Example of an application for specialist registration that may require the consideration of complex matters— An application requiring the board to obtain and consider information about the applicant from a foreign regulatory authority. (2) The board may at any time before the final consideration day give notice to the applicant that— (a) because of the complexity of the matters that need to be considered in deciding the application, the board needs further time to decide the application; and (b) the period within which the board must decide the application is extended to a day (the "extended day") that is 60 days after the final consideration day. (3) Also, the applicant and board may at any time before the final consideration day agree in writing on a day (the "agreed extended day") by which the application is to be decided. (4) The board is taken to have refused to register the applicant as a specialist registrant if the board does not decide the application by— (a) if subsection (2) applies—the extended day; or (b) if subsection (3) applies—the agreed extended day; or (c) if both subsections (2) and (3) apply—the later of the extended day or agreed extended day. 29 If the applicant is registered as a provisional specialist registrant, section 69, as applied by section 124(1)(a), states when the board is taken to have decided to refuse to register the applicant as a specialist registrant. Ne w Fo COM NAM Bf Ree ew wn eRe DAuns eeu Oo wv NNN NRO NN Rw NN nan wn NYnwu on s 118 81 s 118 Medical Practitioners Registration (5) Subsection (4) does not apply if the applicant is registered as a provisional specialist registrant.30 (6) In this section— "final consideration day" means the latest of the following days— (a) the day that is 60 days after receipt of the application; (b) ifthe board has, under section 112(1)(b), required the applicant to give the board further information or a document, the day that is 60 days after the board receives the further information or document; (c) ifthe board has, under section 112(1)(c), required the applicant to undergo an examination, the day that is 60 days after the board receives the results of the examination; (d) ifthe board has, under section 112(1)(d), required the applicant to undergo a health assessment, the day that is 60 days after the board receives the assessment report. Subdivision 5—Information in certificates of specialist registration Form of certificates of specialist registration 118.(1) A certificate of specialist registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant's name; (b) the specialty to which the registration relates; (c) the period of the registration; (d) any conditions of registration. 30 If the applicant is registered as a provisional specialist registrant, section 69, as applied by section 124(1)(a), states when the board is taken to have decided to refuse to register the applicant as a specialist registrant. OND nA FW VPr \o eeu NFO eee AK w 19 2123 s 119 82 s 120 Medical Practitioners Registration Subdivision 6—Period of specialist registration Period 119.(1) The period of registration that is to apply to specialist registrants is the period (the "specialist registration period"), not more than 3 years, prescribed under a regulation. (2) If the board decides to register an applicant as a specialist registrant during a specialist registration period, the registration remains in force for the period— (a) commencing on the day when the board made the decision; and (b) ending on the last day of the specialist registration period. Subdivision 7—Conditions of specialist registration Conditions attaching to general registration applicable to specialist registration 120.(1) This section applies if— (a) the board decides to register a general registrant as a specialist registrant; and (b) the registrant's general registration is, immediately before the decision takes effect, subject to conditions. (2) The person's specialist registration is subject to the conditions, other than any recency of practice conditions, attaching to the general registration. (3) Subsection (2) does not limit the board's power to impose conditions under section 121 on the registrant's specialist registration. (4) Conditions attaching under subsection (2) to a specialist registration may not be reviewed under division 8, as applied by section 124.31 31 See section 128 (Effect on specialist registration if conditions on general registration are changed or removed). C0 DMI D APRW jo 13 16 18 20 22 24 $121 83 s 123 Medical Practitioners Registration Imposition of conditions by board 121.(1) The board may register an applicant as a specialist registrant in a specialty on conditions the board considers necessary or desirable for the applicant to competently and safely practise the specialty. (2) If the board decides to register an applicant as a specialist registrant on conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions;32 and (b) give the applicant an information notice about the decisions. (3) If the board decides to register an applicant who is not a general registrant on conditions because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (4) The board must decide not to record details of the conditions mentioned in subsection (3) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details. Contravention of conditions 122. A specialist registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. Standard condition of specialist registration of certain persons 123.(1) This section applies to a person who is a specialist registrant, but is not also a general registrant. (2) The registration is subject to the condition that the registrant must not practise the profession other than in the specialty to which the registration relates. 32. The conditions may be reviewed under division 8 (Reviewing conditions of general registrations) as applied by section 124 (Application of certain provisions to provisional specialist registration and specialist registration) 19 23 26 s 124 84 $124 Medical Practitioners Registration Subdivision 8—Application of certain provisions Application of certain provisions to provisional specialist registration and specialist registration 124.(1) The following provisions (the "stated provisions") apply to provisional specialist registration and specialist registration as if it were provisional general registration and general registration— (a) (b) (c) (d) (e) division 3 other than sections 62 and 65(2)(c); division 4 (Renewal of general registrations); division 5 (Restoration of general registrations); division 6 (Cancellation of general registrations); division 8 (Reviewing conditions of general registrations). (2) However, for the specialist registration of a person who is also a general registrant, the following provisions of division 8 do not apply to the registration— (a) the provisions to the extent to which they relate to health assessments; and (b) section 108.33 (3) For subsection (1), the stated provisions apply as if— (a) an applicant for general registration were an applicant for specialist registration; and (b) an application for general registration were an application for specialist registration; and (c) general registration were specialist registration; and (d) provisional general registration were provisional specialist registration; and (e) acertificate of provisional general registration were a certificate of provisional specialist registration; and Section 108 (Further decision required if certain conditions changed) oO NIN AW WY eS eK Oo See BRWN eR num Se on Ne cow NN Ne N we NN ns Nw Na s 125 85 s 125 Medical Practitioners Registration (f) (g) (h) (i) 0) (k) (I) (m) (n) (0) (p) a provisional general registrant were a provisional specialist registrant; and a certificate of general registration were a certificate of specialist registration; and a general registrant were a specialist registrant; and the profession were the specialty to which the specialist registration relates; and the registration fee were the specialist registration fee; and the restoration fee were the specialist restoration fee; and a general registration period were a specialist registration period; and an applicant for renewal of general registration were an applicant for renewal of specialist registration; and an application for renewal of general registration were an application for renewal of specialist registration; and an applicant for restoration of general registration were an applicant for restoration of specialist registration; and an application for restoration of general registration were an application for restoration of specialist registration. (4) The approved form for a certificate of provisional specialist registration must also provide for the inclusion of the specialty to which the registration relates. Provisional specialist registration of a person 125.(1) Subsection (2) applies if an authorised person reasonably considers— (a) (b) an applicant for specialist registration is eligible for specialist registration in a specialty without conditions; and because of the period before the board is likely to consider the application in the ordinary course of its business, it is not reasonable for the applicant to have to wait for the board to consider the application. — FBO © OM NID WN BwH Ne ion' wn Ree ns Ree na ee \o NNN NRO 25 27 2931 s 125 86 s 125 Medical Practitioners Registration (2) The authorised person may decide to register the applicant as a provisional specialist registrant in the specialty. (3) Subsection (4) applies if an authorised person or the board— (a) reasonably considers, subject to an applicant for specialist registration giving the board further evidence of the applicant's relevant qualification in the specialty, the applicant is eligible for the specialist registration without conditions; or (b) reasonably considers— (i) an applicant for specialist registration would be eligible for the specialist registration without conditions, other than for the fact that the relevant qualification in the specialty relied on by the applicant has not been conferred on, or awarded to, the applicant; and (11) the applicant is entitled to have the relevant qualification conferred on, or awarded to, him or her. (4) The authorised person or board may decide to register the applicant as a provisional specialist registrant in the specialty. (5) If the authorised person or board decides to register the applicant as a provisional specialist registrant, the authorised person or board must as soon as practicable issue a certificate of provisional specialist registration to the applicant. (6) An authorised person or the board may not decide to register a person as a provisional specialist registrant on conditions. (7) In this section— "authorised person" has the meaning given by section 61, as applied by section 124(1)(a). CNIDUNR Ww NE 1113 15 17 1921 23 26 s 126 87 $127 Medical Practitioners Registration Subdivision 9—Miscellaneous Additional information to be included in show cause notice 126.(1) This section applies if— (a) a person is a general registrant and specialist registrant or a general registrant and provisional specialist registrant; and (b) the board gives the registrant a show cause notice in relation to the registrant's general registration. (2) In addition to the matters mentioned in section 85(2), the show cause notice must state that if the general registration is cancelled, the specialist registration or provisional specialist registration ends under section 127. Effect on specialist registration if general registration ceases to have effect 127.(1) This section applies to a person who is a general registrant and specialist registrant or a general registrant and provisional specialist registrant. (2) If the registrant's general registration ends under this Act, the registrant's specialist registration or provisional specialist registration ends on the same day (the "effective day") as the day the general registration ends. (3) Subsection (2) applies despite section 73,34 as applied by section 124(1)(b). (4) If the registrant's general registration is cancelled by the board, the information notice given to the registrant about the decision to cancel the general registration must also include a direction to the registrant to return the certificate of specialist registration or certificate of provisional specialist registration within 14 days after the effective day. (5) The person must return the certificate of specialist registration or certificate of provisional specialist registration to the board within 14 days 34 Section 73 (General registration taken to be in force while application is considered) SOM ADR AR WwW Ww 12 141719 21 2326 28 s 128 88 s 128 Medical Practitioners Registration after the effective day, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—10 penalty units. Effect on specialist registration if conditions on general registration are changed or removed 128.(1) This section applies if— (a) a person is a general registrant and specialist registrant; and (b) the general registration is subject to conditions.35 (2) If the conditions are changed under this Act, the conditions are taken to be changed in the same way on the registrant's specialist registration. (3) If the conditions are removed under this Act, the conditions are taken to be removed from the registrant's specialist registration. (4) The change to, or removal of, the conditions on the specialist registration takes effect on the same day (the "effective day") as the day the board's decision to change or remove the conditions on the general registration takes effect. (5) The information notice given to the registrant about the decision to change or remove the conditions on the registrant's general registration must also include a direction to the registrant to return the certificate of specialist registration within 14 days after the effective day. (6) The registrant must return the certificate of specialist registration to the board within 14 days after the effective day, unless the registrant has a reasonable excuse. Maximum penalty—10 penalty units. (7) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or (b) if the board does not consider it practicable to amend the 35 Under section 120(2), if a person is a general registrant and a_ specialist registrant, the person's specialist registration is subject to the conditions attaching to the person's general registration immediately before the person is registered as a specialist registrant. a ro Om NIN DN Fw Ree Hee aABwWN ee ee OW ND NNN NRO NN KR Ww Nv Nn N NX s 129 89 s 130 Medical Practitioners Registration certificate, issue another certificate of specialist registration to the registrant to replace the certificate returned to the board. (8) In this section— "conditions" means conditions other than recency of practice conditions. Restoration of specialist registration 129.(1) This section applies if— (a) a person is registered as a general registrant and a specialist registrant; and (b) the person's specialist registration expires; and (c) the person applies, under section 79, as applied by section 124(1)(c), for the restoration of the person's specialist registration. (2) The board must decide not to restore the person's specialist registration if the person is not a general registrant. (3) Section 75, as applied under section 124(1)(c), is subject to this section. Decision about recording details of certain conditions in register 130.(1) This section applies if— (a) a person is a general registrant and specialist registrant; and (b) either of the following applies— (i) conditions ("health conditions") are imposed under this Act on the person's general registration because of the person's mental or physical health; (i) the health conditions (the "changed health conditions") are changed under this Act. (2) The decision made, under this Act, about recording details of the health conditions or changed health conditions in the register applies in the same way to the same conditions attaching to the person's specialist registration. BW Ne Or DWN 1114 16 1820 2225 2729 s 131 90 s 133 Medical Practitioners Registration Division 10—Special purpose registrations Subdivision 1—Eligibility for special purpose registration Eligibility 131.(1) A person may obtain special purpose registration to undertake an activity for a purpose (a "special purpose") mentioned in sections 132 to 138. (2) A person is eligible for special purpose registration for a special purpose if the person— (a) is fit to practise the profession; and (b) is qualified for registration under this subdivision. Postgraduate study or training 132.(1) The purpose of registration under this section is to enable a person to undertake postgraduate study or training, in medicine, approved by the board. (2) A person is qualified for special purpose registration to undertake postgraduate study or training in medicine if the person has a medical qualification but is not qualified for general registration under section 44. (3) In deciding whether to approve the study or training and register a person as a special purpose registrant under this section, the board may have regard to— (a) the nature, content and duration of the study or training; and (b) the relevance of the person's existing qualifications and experience to the study or training. Supervised training to prepare for clinical examination 133.(1) The purpose of registration under this section is to enable a person to undertake supervised training, approved by the board, to prepare for the clinical examination in the practice of the profession conducted by the Australian Medical Council. Co ON DNF WwW 13161923 2628 s 134 91 s 135 Medical Practitioners Registration (2) A person is qualified for special purpose registration to undertake supervised training if the person has been accepted by the council as a candidate for the examination. (3) In deciding whether to approve the training and register a person as a special purpose registrant under this section, the board may have regard to— (a) the nature, content and duration of the training; and (b) the nature of the supervision of the training. Medical teaching or research 134.(1) The purpose of registration under this section is to enable a person to engage in medical teaching or research. (2) A person is qualified for special purpose registration to engage in medical teaching or research if the person has a medical qualification and experience the board considers suitable for the teaching or research. Practice in area of need 135.(1) The purpose of registration under this section is to enable a person to practise the profession in an area the Minister has decided, under subsection (3), is an area of need for a medical service. (2) A person is qualified for special purpose registration to practise the profession in an area of need if the person has a medical qualification and experience the board considers suitable for practising the profession in the area. (3) The Minister may decide there is an area of need for a medical service if the Minister considers there are insufficient medical practitioners practising in the State, or a part of the State, to provide the service at a level that meets the needs of people living in the State or the part of the State. (4) If the Minister decides there is an area of need for a medical service, the Minister must give the board written notice of the decision. aon ant WwW NR 11 13172022 24 26 28 s 136 92 s 138 Medical Practitioners Registration Study or training to obtain a qualification in a specialty 136.(1) The purpose of registration under this section is to enable a person to undertake study or training to obtain a qualification, mentioned in section 111(1)(b)(i), in a specialty. (2) A person is qualified for special purpose registration to undertake study or training to obtain a qualification mentioned in section 111(1)(b)(1) in a specialty if the person has— (a) a qualification in the specialty, other than a qualification mentioned in section 111(1)(b)(a); and (b) experience in the practice of the specialty. Practice in the public interest 137.(1) The purpose of registration under this section is to enable a person with a qualification in, and experience in the practice of, the profession to practise the profession for a particular purpose. (2) A person with a qualification in, and experience in the practice of, the profession is qualified for special purpose registration to practise the profession for a particular purpose if the board is satisfied it would be in the public interest for the person to practise the profession for the purpose. Practice in general practice 138.(1) The purpose of registration under this section is to enable a person to practise medicine in general practice. (2) A person is qualified for special purpose registration to practise medicine in general practice if the person has qualifications in the general practice of medicine conferred by the Royal Australian College of General Practitioners or another body prescribed under a regulation. CO INAH BwWHY YL e Oo 131618 21 2325 s 139 93 s 139 Medical Practitioners Registration Subdivision 2—Applications for special purpose registration Application of divs 2 and 3 139.(1) For a person being registered as a special purpose registrant, division 2 (other than sections 43, 44 and 56 to 60) and division 3 (other than sections 62 and 65(2)(c))36 apply as if— (a) an application for general registration were an application for special purpose registration; and (b) an applicant for general registration were an applicant for special purpose registration; and (c) a general registration were a special purpose registration; and (d) a general registrant were a special purpose registrant; and (e) a certificate of general registration were a certificate of special purpose registration; and (f) a provisional general registrant were a provisional special purpose registrant; and (g) a provisional general registration were a provisional special purpose registration; and (h) acertificate of provisional general registration were a certificate of provisional special purpose registration. (2) The approved form for a certificate of special purpose registration or certificate of provisional special purpose registration must also provide for the inclusion of— (a) details of the special purpose and activity for which the registrant is registered; and 36 Division 2 (Applications for general registration), sections 43 (Eligibility), 44 (When applicant is qualified for general registration), 56 (Period), 57 (Imposition of internship conditions), 58 (Imposition of supervised practice program conditions), 59 (Imposition of conditions by board) and 60 (Contravention of conditions) and division 3 (Provisional general registration), sections 62 (Provisional general registration of a person on internship conditions) and 65 (Form of certificate of provisional general registration) CO AD ADHRW Bw eS eK Oo ion' wn Ree ns Ree na a \©o NNN NRO N RBS s 140 94 s 143 Medical Practitioners Registration (b) ifthe special purpose involves the practice of a specialty, details of the specialty. Period of special purpose registration 140. If the board decides to register the applicant as a special purpose registrant, the registration remains in force for the period, not more than 1 year, decided by the board when deciding to register the applicant as a special purpose registrant. Imposition of conditions by board 141.(1) The board may decide to register the applicant as a special purpose registrant on conditions the board considers necessary or desirable for the applicant to competently and safely undertake the activity the subject of the application. (2) If the board decides to register the applicant as a special purpose registrant on conditions, it must as soon as practicable give the applicant an information notice about the decision. Contravention of conditions 142. A special purpose registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. Provisional special purpose registration of a person 143.(1) Subsection (2) applies if an authorised person reasonably considers— (a) an applicant for special purpose registration is eligible for the special purpose registration without conditions; and (b) because of the period before the board is likely to consider the application in the ordinary course of its business, it is not reasonable for the applicant to have to wait for the board to consider the application. NYAWNBR w 111418 22 24 2628 s 143 95 s 143 Medical Practitioners Registration (2) The authorised person may decide to register the applicant as a provisional special purpose registrant. (3) Subsection (4) applies if an authorised person or the board— (a) reasonably considers, subject to an applicant for special purpose registration giving the board further evidence of the applicant's relevant qualification, the applicant is eligible for the registration without conditions; or (b) reasonably considers— (i) an applicant for special purpose registration would be eligible for the special purpose registration without conditions, other than for the fact that the relevant qualification relied on by the applicant has not been conferred on, or awarded to, the applicant; and (11) the applicant is entitled to have the relevant qualification conferred on, or awarded to, him or her. (4) The authorised person or board may decide to register the applicant as a provisional special purpose registrant. (5) If the authorised person or board decides to register the applicant as a provisional special purpose registrant, the authorised person or board must as soon as practicable issue a certificate of provisional special purpose registration to the applicant. (6) An authorised person or the board may not decide to register a person as a provisional special purpose registrant on conditions. (7) In this section— "authorised person" has the meaning given by section 61, as applied by section 139(1). eoerAIDNAHR W NK 1113 15 17 1921 23 26 s 144 96 s 146 Medical Practitioners Registration Subdivision 3—Renewal of special purpose registrations Application of div 4, sdivs 2 and 3 144. For renewing a special purpose registration, division 4, subdivisions 2 and 3, other than section 77(3)37 and the provisions to the extent to which they relate to recency of practice requirements, apply as if— (a) an application for the renewal of a general registration were an application for the renewal of a special purpose registration; and (b) an applicant for the renewal of a general registration were an applicant for the renewal of a special purpose registration; and (c) an applicant's general registration were an applicant's special purpose registration; and (d) a general registrant were a special purpose registrant; and (e) a certificate of general registration were a certificate of special purpose registration. Matters that may be considered in deciding applications for renewal of special purpose registrations 145. In deciding whether to renew a special purpose registration, the board may have regard to the matters to which the board may have regard in deciding whether a proposed special purpose registrant is eligible for special purpose registration.38 Imposition of conditions by board 146.(1) The board may decide to renew a special purpose registration on conditions the board considers necessary or desirable for the registrant to competently and safely undertake the activity the subject of the registration. (2) If the board decides to renew a special purpose registration on 37 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for renewal of general registrations) and 3 (Decision on applications), section 77 (Steps to be taken after application decided) 38 See section 131(2). Re eS NUN Fo OMe NAD APRW LO eile' Rw 16 1820 23 s 147 97 s 149 Medical Practitioners Registration conditions, it must as soon as practicable give the registrant an information notice about the decision. (3) To remove doubt, it is declared that any conditions attaching to the registration immediately before its renewal do not continue to apply to the registration on its renewal. Period of renewed special purpose registration 147.(1) If the board decides to renew a special purpose registration, the registration remains in force for the period, not more than | year, decided by the board when deciding to renew the registration. (2) However, for a special purpose registration under section 137, the total period of the registration, including any renewal of the registration, must not be more than | year. Subdivision 4—Cancellation of special purpose registrations Application of div 6 148. For cancelling a special purpose registration, division 6, other than section 84, applies as if39— (a) a general registration were a special purpose registration; and (b) a certificate of general registration were a certificate of special purpose registration. Grounds for cancellation 149. Each of the following is a ground for cancelling a special purpose registration— (a) the registrant has practised the profession other than for the activity for which the registrant is registered; (b) the registrant has been convicted of an indictable offence; 39 Division 6 (Cancellation of general registrations) Section 84 (Grounds for cancellation) ABW Ne 16 19 22 24 s 150 98 s 150 Medical Practitioners Registration (c) the registrant has been convicted of an offence against this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (d) the registrant has contravened a condition of the registration; (e) the registrant was registered because of a materially false or misleading representation or declaration. Subdivision 5—Removal of conditions Removal 150.(1) This section applies if the board reasonably believes the conditions imposed on a special purpose registration under this Act are no longer appropriate. (2) The board must decide to remove the conditions. (3) The board must give the registrant notice of the decision as soon as practicable after it is made. (4) The registrant must return the certificate of special purpose registration to the board within 14 days after receiving the notice, unless the registrant has a reasonable excuse. Maximum penalty—10 penalty units. (5) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or (b) if the board does not consider it practicable to amend the certificate—issue another certificate of special purpose registration to the registrant to replace the certificate returned to the board. (6) The removal takes effect when notice of the decision is given to the registrant and does not depend on the certificate of special purpose registration being amended to record the removal or a replacement certificate of special purpose registration being issued. DAN fF WNeE 11 14 1619 21 232628 $151 99 s 153 Medical Practitioners Registration Division 11—General provisions about registrations Person is taken to be registered under this part 151.(1) This section applies if, under this Act, an entity decides to— (a) register a person; or (b) restore a person's registration. (2) The person is taken to be registered under this part. Surrender of registrations 152.(1) A registrant may surrender the registration by notice given to the board.40 (2) The surrender takes effect— (a) on the day the notice is given to the board; or (b) ifa later day of effect is stated in the notice, on the later day. (3) The registrant must return the certificate of registration to the board within 14 days after the day the surrender takes effect, unless the registrant has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. Replacement of certificates of registration 153.(1) A registrant may apply to the board for the replacement of the certificate of registration if it has been lost, stolen, destroyed or damaged. (2) The board must consider the application and decide to grant, or refuse to grant, the application. (3) The board must decide to grant the application if it is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement. 40 See section 127 (Effect on specialist registration if general registration ceases to have effect). an Bw wp 111419 21 23 s 154 100 s 156 Medical Practitioners Registration (4) If the board decides to grant the application, it must on payment of the fee prescribed under a regulation— (a) replace the lost, stolen, destroyed or damaged certificate with another certificate of registration; and (b) give the replacement certificate of registration to the applicant. (5) If the board decides to refuse to grant the application, it must as soon as practicable give the applicant an information notice about the decision. Certified copy of certificates of registration 154. A registrant may, on payment of the fee prescribed under a regulation, obtain from the board a certified copy of the certificate of registration. Notification of change in circumstances 155. A registrant must, within 21 days after the happening of a change in the registrant's circumstances prescribed under a regulation, advise the board of the change. Maximum penalty—10 penalty units. Notification of certain events to interstate regulatory authorities and other entities 156.(1) This section applies if— (a) a person's general registration, specialist registration or special purpose registration is cancelled under this Act; or (b) conditions are imposed under this Act on a person's general registration, specialist registration or special purpose registration; or (c) conditions on a _ person's general registration, specialist registration or special purpose registration are removed under this Act. (2) As soon as practicable after an event mentioned in subsection (1) happens, the board must give notice about the event to each interstate NDAD nA PW NR 101418 21 232629 s 156 101 s 156 Medical Practitioners Registration regulatory authority with which the board is aware the person is registered. (3) Also, the board may give notice about the event to any of the following— (a) the chief executive; (b) other State regulatory authorities; (c) foreign regulatory authorities; (d) professional colleges of which the person is eligible to be a member; (e) professional associations of which the person is eligible to be a member; (f) an employer of the person; (g) the Health Insurance Commission; (h) the Health Rights Commissioner; (i) the Minister; (j) another entity having a connection with the person's practice as a general or special purpose registrant. (4) However, the board must not give a notice about the event to an entity under subsection (3) unless the board reasonably believes— (a) the entity needs to know about the event; and (b) giving the entity notice about the event will assist in achieving the objects of this Act. (5) A notice under this section may include the information the board considers appropriate in the circumstances. (6) In this section— "impose", a condition, does not include confirm the condition. "State regulatory authorities" means boards established under the health practitioner registration Acts. ow! aeaAI HD na fF WN a RW NY Fe FR loon ile' on e \o Nw a) NN wh Ny N na & NN Na s 157 102 s 157 Medical Practitioners Registration PART 4—OBLIGATIONS OF REGISTRANTS AND OTHER PERSONS Division 1—Restricted titles and holding out Taking of restricted titles etc. 157.(1) A person who is not a registrant must not take or use a restricted title. Maximum penalty—1 000 penalty units. Example of an individual taking or using a restricted title— AB describes himself or herself as 'AB, medical practitioner'. Examples of a corporation taking or using a restricted title— 1. ABC Pty Ltd describes itself as "ABC Pty Ltd, medical practitioners'. 2. A corporation having a restricted title as part of its name. (2) Subsection (1) does not apply if— (a) the title is taken or used as part of a business name for a business providing professional services; and (b) in the carrying on of the business by the person, a registrant provides professional services. (3) Also, subsection (1) does not apply if— (a) the person is undertaking study or training in the practice of the profession to obtain a qualification for registration; and (b) the person takes or uses the title, in the course of the study or training, in conjunction with words that indicate the person is a student or trainee in the profession. (4) A person (the "first person") must not, in relation to another person who the first person knows or ought reasonably to know is not a registrant, use a restricted title. Maximum penalty—1 000 penalty units. Com NI AN Bp 13 15 17 20 2226 s 158 103 s 158 Medical Practitioners Registration (5) Subsection (4) does not apply if— (a) the other person is undertaking study or training in the practice of the profession to obtain a qualification for registration; and (b) the first person uses the title in relation to the other person, in the course of the study or training, in conjunction with words that indicate the other person is a student or trainee in the profession. (6) A person who is not a registrant must not take or use a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (a) the person is a medical practitioner; or (b) the person is authorised or qualified to practise the profession. Maximum penalty—S00 penalty units. (7) A person (the "first person") must not, in relation to another person who the first person knows or ought reasonably to know is not a registrant, use a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is used, indicates or could be reasonably understood to indicate— (a) the other person is a medical practitioner; or (b) the other person is authorised or qualified to practise the profession. Maximum penalty—S00 penalty units. (8) In this section, 'medical practitioner' is not limited by the meaning of the term in the dictionary in schedule 3. Taking of restricted specialist title etc. by person 158.(1) A person who is not a specialist registrant or provisional specialist registrant in a specialty must not take or use a restricted specialist title for the specialty. Maximum penalty—1 000 penalty units. (2) Subsection (1) does not apply to a person if— (a) the person takes or uses a restricted specialist title for a specialty SOMAI DANK WH See ee Ww NS eee ee DANIYDUNAA e \o Nw a) N N NN Rw 2730 s 159 104 s 159 Medical Practitioners Registration (b) as part of a business name for a business providing professional services in the specialty; and in the carrying on of the business by the person, a specialist registrant or provisional specialist registrant in the specialty provides professional services in the specialty. (3) Also, subsection (1) does not apply to a person if the person— (a) (b) is registered as a special purpose registrant or provisional special purpose registrant for a special purpose that involves the practice of the specialty; or takes or uses a title that consists of, or includes, a restricted specialist title, other than for the purposes of providing a health service. Example for subsection (3)(b)— If the title 'surgeon' were prescribed as a restricted specialist title for a specialty, a person using the title 'veterinary surgeon', and not providing a health service, would not commit an offence under this paragraph. (4) In addition, subsection (1) does not apply to a person if— (a) (b) the person is registered under the Dental Practitioners Registration Act 2000; and otherwise than in contravention of that Act, the person takes or uses a restricted title or restricted specialist title, within the meaning of that Act, that is also a restricted specialist title within the meaning of this Act. (5) A person must not use the word 'specialist' or 'specialty' in circumstances that indicate, or could be reasonably understood to indicate, the person provides professional services in an area that is not a specialty. Maximum penalty for subsection (5)—1 000 penalty units. Using restricted specialist title in relation to other person 159.(1) A person (the "first person") must not, in relation to another person who the first person knows or ought reasonably to know is not a specialist registrant, or a provisional specialist registrant, in a specialty, use a restricted specialist title for the specialty. on HD ABRwW NR \o RP Re NRO = w eee NANA Co Ne cow NRNNN BRONE NO wpohd Nan N o 3133 s 160 105 s 160 Medical Practitioners Registration Maximum penalty—1 000 penalty units. (2) Subsection (1) does not apply to the first person if the other person is registered as a special purpose registrant or a provisional special purpose registrant for a purpose that involves the practice of the specialty. (3) Also, subsection (1) does not apply to the first person if the use of the restricted specialist title could not reasonably be taken to indicate the other person provides a health service. (4) In addition, subsection (1) does not apply to the first person if— (a) the other person is registered under the Dental Practitioners Registration Act 2000; and (b) otherwise than in contravention of that Act, the first person uses a restricted title or restricted specialist title within the meaning of that Act in relation to the other person and the title is also a restricted specialist title within the meaning of this Act. (5) A person (the "first person") must not, in relation to another person (the "second person") use the word 'specialist? or 'specialty' in circumstances that indicate, or could be reasonably understood to indicate, the second person provides professional services in an area that is not a specialty. Maximum penalty for subsection (5)—1 000 penalty units. Use of title 'doctor' 160.(1) This section applies to a registrant using the title of doctor. (2) The registrant does not commit an offence against the Higher Education (General Provisions) Act 1993, section 8(3),4! so far as that subsection applies to the higher education award of the title of doctor if the use is intended to indicate, and could be reasonably understood to indicate, merely that the registrant is a medical practitioner. (3) In this section— "title" includes description and status. 41 Higher Education (General Provisions) Act 1993, section 8 (Limitation on conferring or using certain awards) 22 24 2629 s 161 106 s 163 Medical Practitioners Registration Claims by persons as to registration 161. A person who is not a registrant must not— (a) claim, or hold himself or herself out, to be registered under this Act; or (b) allow himself or herself to be held out as being registered under this Act; or (c) claim, or hold himself or herself out, to be eligible to be registered under this Act. Maximum penalty—1 000 penalty units. Claims by persons as to other persons' registration 162.(1) A person must not hold out another person as being registered under this Act if the person knows, or ought reasonably to know, the other person is not registered under this Act. Maximum penalty—1 000 penalty units. Example— A person carrying on a business providing professional services must not hold out that an employee of the person is registered under this Act if the person knows the employee is not registered under this Act. (2) A person must not hold out another person as being a specialist registrant if the person knows, or ought reasonably to know, the other person is not a specialist registrant. Maximum penalty—1 000 penalty units. (3) A person must not hold out another person as being registered under this Act in a particular specialty if the person knows, or ought reasonably to know, the other person is not registered under this Act in the specialty. Maximum penalty for subsection (3)—1 000 penalty units. Restrictions on certain registrants 163.(1) A person who is a special purpose registrant or provisional special purpose registrant must not— (a) claim, or hold himself or herself out, to be a general registrant or O©0O AY DN Hw NV 1217202429 s 164 107 s 164 Medical Practitioners Registration (b) (c) provisional general registrant; or allow himself or herself to be held out as being a general registrant or provisional general registrant; or claim, or hold himself or herself out, to be eligible to be a general registrant or provisional general registrant. Maximum penalty—100 penalty units. (2) A registrant who is not a specialist registrant or provisional specialist registrant must not— (a) (b) (c) claim, or hold himself or herself out, to be a specialist registrant or provisional specialist registrant; or allow himself or herself to be held out as being a specialist registrant or provisional specialist registrant; or claim, or hold himself or herself out, to be entitled to be a specialist registrant or provisional specialist registrant. Maximum penalty—100 penalty units. (3) A registrant who is not a specialist registrant, or a provisional specialist registrant, in a specialty must not— claim, or hold himself or herself out, to be a specialist registrant or provisional specialist registrant in the specialty; or allow himself or herself to be held out as being a specialist registrant or provisional specialist registrant in the specialty; or claim, or hold himself or herself out, to be entitled to be a specialist registrant or provisional specialist registrant in the specialty. Maximum penalty for subsection (3)—100 penalty units. Restrictions on provisional registrants 164.(1) A person who is a provisional general registrant must not— (a) (b) claim, or hold himself or herself out, to be a general registrant; or allow himself or herself to be held out as being a general registrant; or 2730 s 165 108 s 165 Medical Practitioners Registration (c) claim, or hold himself or herself out, to be eligible to be a general registrant. Maximum penalty—100 penalty units. (2) A person who is a provisional special purpose registrant must not— (a) (b) (c) claim, or hold himself or herself out, to be a special purpose registrant; or allow himself or herself to be held out as being a special purpose registrant; or claim, or hold himself or herself out, to be eligible to be a special purpose registrant. Maximum penalty—100 penalty units. (3) A person who is a provisional specialist registrant must not— (a) (b) (c) claim, or hold himself or herself out, to be a specialist registrant; or allow himself or herself to be held out as being a specialist registrant; or claim, or hold himself or herself out, to be eligible to be a specialist registrant. Maximum penalty for subsection (3)—100 penalty units. Restrictions on registrants registered on conditions 165. A registrant who is registered on conditions, including, for example, probationary conditions, must not— (a) (b) claim, or hold himself or herself out, to be registered without the conditions or any conditions; or allow himself or herself to be held out as being registered without the conditions or any conditions. Maximum penalty—100 penalty units. SO OY AN Bw NY Se Se Ne aon' Bw FR loon ile' on e \o 22 24 26 s 166 109 s 166 Medical Practitioners Registration Division 2—Notification of business names and other details Notification of business names etc. 166.(1) A registrant must, before carrying on a business providing professional services under a business name other than the registrant's own name, give the board notice of the business name. Maximum penalty—10 penalty units. (2) Subsection (1) applies whether or not the business name is registered under the Business Names Act 1962. (3) An individual who is not a registrant must, before carrying on a business providing professional services, give the board notice of— (a) the business name of the business (whether or not the name is registered under the Business Names Act 1962); and (b) the name and address of the individual. Maximum penalty—10 penalty units. (4) A corporation must, before carrying on a business providing professional services, give the board notice of — (a) the business name of the business (whether or not the name is registered under the Business Names Act 1962); and (b) the name and principal address of the corporation; and (c) the names and addresses of— (i) if the corporation is a corporation under the Corporations Law—the directors of the corporation; or (11) ifthe corporation is not a corporation under the Corporations Law—the members of the governing body of the corporation. Maximum penalty for subsection (4)—50 penalty units. s 167 110 s 168 Medical Practitioners Registration Notification of change in business names etc. 167.(1) This section applies if— (a) aperson has given the board a notice under section 166; and (b) there is a change in the information contained in the notice. (2) The person must, within 14 days after the happening of the change, give the board notice of the change. Maximum penalty—10 penalty units. (3) The person does not commit an offence against section 166 during the period of 14 days after the happening of the change if the person complies with subsection (2). Division 3—Advertising Obligations of advertisers 168.(1) A person must not advertise a professional service, or a business providing professional services, in a way that— (a) is false, misleading or deceptive or is likely to be misleading or deceptive; or Example for paragraph (a)— An advertisement that contains a false claim about the beneficial outcome of a professional service. (b) offers a discount, gift or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms of the offer; or (c) refers to, uses or cites actual or purported endorsements or testimonials about the service or business, or a registrant; or (d) is disparaging of— (i) a professional service provided by another person; or (11) a business providing professional services; or (11) a registrant. Maximum penalty—200 penalty units. Com NN DN FS WW NY e an 14 16 19 2124 2628 s 169 111 s170 Medical Practitioners Registration (2) A person must not advertise a professional service that the person knows or ought reasonably know will, or is likely to, harm a person to whom it is provided. Maximum penalty—200 penalty units. (3) A person must not advertise a registrant's expertise in a field of practice of the profession unless the registrant has the skills, knowledge, training or qualifications necessary to practise in the field. Maximum penalty—200 penalty units. (4) A printer or publisher does not commit an offence against subsection (1), (2) or (3) merely by, as part of his or her business, printing or publishing an advertisement for another person. Information to appear in advertisements 169.(1) A person must not advertise a professional service, or a business providing professional services, unless— (a) if a registrant provides the service, or carries on the business, under a business name that is the registrant's own name—the registrant's name is stated in the advertisement; or (b) otherwise—the business name notified to the board under section 166(1), (3) or (4) is stated in the advertisement. Maximum penalty—S0 penalty units. (2) A printer or publisher does not commit an offence against subsection (1) merely by, as part of his or her business, printing or publishing an advertisement for another person. Division 4—Registrants' autonomy Aiding, abetting etc. conduct that is a ground for disciplinary action 170.(1) A person must not aid, abet, counsel, procure or induce a registrant to engage in conduct that the person is aware, or ought reasonably be aware, is conduct forming the basis for a ground for disciplinary action BR WPF Boo oO NIDU ee 14 1619 2227 s171 112 s171 Medical Practitioners Registration against a registrant mentioned in the Health Practitioners (Professional Standards) Act 1999, section 124(1)42 Maximum penalty—1 000 penalty units. (2) To remove doubt, it is declared that a registrant may be induced by threats or promises. Division 5—Court orders and injunctions Persons may be prohibited from supplying health services etc. 171.(1) This section applies if a person is convicted of an offence against section 157, 158, 159, 161, 162, 168(1)(a), (2) or (3), 170(1) or 174.43 (2) The court sentencing the person for the offence may, on its own initiative or the application of the prosecutor, make an order under subsection (3) or (5). (3) The court may make an order, applying for a period decided by the court— (a) prohibiting the person from providing, or carrying on or managing a business providing, a health service; or (b) prohibiting the person from having a financial interest in a business providing a health service; or (c) if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from managing a corporation that carries on a business providing a health service. 42 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for disciplinary action) 43 Section 157 (Taking of restricted titles etc.), 158 (Taking of restricted specialist title etc. by person), 159 (Using restricted specialist title in relation to other person), 161 (Claims by persons as to registration), 162 (Claims by persons as to other persons' registration), 168 (Obligations of advertisers), 170 (Aiding, abetting etc. conduct that is a ground for disciplinary action) or 174 (Offence for taking reprisal) AB WwW pre 1114 16 18 2022 s 172 113 s 172 Medical Practitioners Registration (4) For subsection (3)(c), a person manages a corporation if the person is a director, or is in any way concerned in or takes part in the management of, the corporation. (5) Also, the court may make an order, applying for a period decided by the court— (a) prohibiting the person from entering into commercial arrangements with a person who provides, carries on or manages a business providing, a health service; or (b) if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from entering into commercial arrangements with a person who provides, carries on or manages a business providing, a health service. (6) An order under subsection (3) or (5) may apply generally or be limited in its application by reference to specified conditions, exceptions or factors. (7) A reference in subsection (5) to a person entering into commercial arrangements includes the entering into commercial arrangements on behalf of another person. (8) A person must not contravene an order under subsection (3) or (5). Maximum penalty for subsection (8)—1 000 penalty units. Injunctions 172.(1) This section applies if— (a) aperson (the "offending party" )— (i) has engaged, is engaging or is proposing to engage in conduct; or (11) has failed, is failing or is proposing to fail to do anything; and (b) the conduct or failure constituted, constitutes or would constitute a contravention of section 157, 158, 159, 161, 162, 168(1)(a), (2) or (3) or 170(1). CUD WHR WPeE 1113 151821 2326 28 30 s 172 114 s 172 Medical Practitioners Registration (2) Application may be made to the court under this section for an injunction in relation to the conduct or failure. (3) The application may be made by the board or a person authorised in writing by the board. (4) The court may grant an interim injunction under this section until the application is finally decided. (5) On considering the application for the injunction, the court may— (a) in a case to which subsection (1)(a)(i) applies—grant an injunction restraining the offending party from engaging in the conduct concerned and, if in the court's opinion it is desirable to do so, requiring the offending party to do anything; or (b) in a case to which subsection (1)(a)(11) applies—grant an injunction requiring the offending party to do the thing concerned. (6) The court may grant the injunction— (a) ifthe court is satisfied that the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1), whether or not it appears to the court that the offending party intends— (i) to engage again, or continue to engage, in the conduct; or (11) to again fail, or continue to fail, to do the thing; or (b) if it appears to the court that, if the injunction is not granted, it is likely that the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1), whether or not the offending party has previously engaged in the conduct or failed to do the thing. (7) The court may grant the injunction on the terms the court considers appropriate. (8) Also, the court may grant an injunction requiring the offending party to take stated action (including action to disclose information or publish advertisements) to remedy any adverse effects of the offending party's conduct or failure. (9) The court may discharge an injunction granted under this section at any time. rFPeoOwn A DMN RW Ne il oon wn os eee CONIA NO Fe Co Oo NNWNNN ANB wWN Re NN Na WWpN KF COO w WwW WwW wn s 173 115 s 173 Medical Practitioners Registration (10) The powers conferred on the court by this section are in addition to, and do not limit, any other powers of the court. (11) In this section— "court" means— (a) if proceedings for an offence relating to the conduct or failure are pending in a Magistrates Court—the Magistrates Court; or (b) im any case—the District Court. Division 6—Reprisals Reprisal and grounds for reprisals 173.(1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that— (a) anybody has given, or may give, information or assistance to the board or an inspector about a person's alleged contravention of division | or section 168(1)(a), (2) or (3) or 170(1);44 or (b) anybody has given, or may give, evidence to the court in proceedings for an offence against division | or section 168(1)(a), (2) or (3) or 170(1). (2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. (3) A contravention of subsection (1) is a reprisal or the taking of a reprisal. (4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. (5) For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission. 44 Division 1 (Restricted titles and holding out), section 168 (Obligations of advertisers) or 170 (Aiding, abetting etc. conduct that is a ground for disciplinary action) sa nM & Ww NOR 11 131619 21 23 26 s174 116 s 176 Medical Practitioners Registration Offence for taking reprisal 174. A person who takes a reprisal commits an offence. Maximum penalty—167 penalty units or 2 years imprisonment. Damages entitlement for reprisal 175.(1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result. (2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal. (3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. Division 7—Other provisions Protection for registrants providing information about crimes to police officers 176.(1) This section applies to a registrant who obtains information, while acting in the registrant's professional capacity, that the registrant honestly and reasonably believes indicates a crime has taken place. (2) The registrant is not liable, civilly, criminally or under an administrative process, for giving the information about the crime or the circumstances of the crime to a police officer. (3) Without limiting subsection (2)— (a) in a proceeding for defamation the registrant has a defence of absolute privilege for publishing the information; and (b) if the registrant would otherwise be required to maintain confidentiality about the given information under an Act, oath, tule of law or practice, the registrant— (i) does not contravene the Act, oath, rule of law or practice by giving the information; and (11) is not liable to disciplinary action for giving the information. w SCO ON AN BE 13 151822 2427 s177 117 s 178 Medical Practitioners Registration (4) In this section— "crime" includes an attempted crime. Payment, or acceptance of payment, for referrals prohibited 177.(1) This section applies to a registrant, or a person carrying on a business providing professional services, (the "service provider"). (2) The service provider must not, directly or indirectly, pay an amount or give another benefit, or attempt to pay an amount or give another benefit, to a person in return for the person referring another person to the service provider or service provider's business. Maximum penalty—200 penalty units. (3) The service provider must not, directly or indirectly, accept payment or another benefit for referring a user of the professional services provided by the service provider, or service provider's business, to a person providing, or carrying on a business providing, a health service. Maximum penalty for subsection (3)—200 penalty units. PART 5—INTERN TRAINING PROGRAMS AND INTERN TRAINING SECONDMENT PROGRAMS Division 1—Preliminary Definition for pt 5 178. In this part— "program" means— (a) an intern training program; or (b) an intern training secondment program. CortInA NAB w 1317 2022 s179 118 s 180 Medical Practitioners Registration Division 2—Accreditation of a program Application for accreditation 179.(1) A person may apply to the board for accreditation of a program. (2) The application must— (a) bein the approved form; and (b) be accompanied by— (i) _ the fee prescribed under a regulation; and (11) any other documents, identified in the approved form, the board reasonably requires. (3) Information in the application must, if the approved form requires, be verified by a statutory declaration. Criteria for applications 180.(1) The board may grant the application only if it is satisfied the standard of postgraduate medical education offered by the program is sufficient to enable interns who undertake the program to gain the skills and knowledge in clinical medical practice necessary to competently and safely practise the profession. (2) In deciding the application, the board may have regard to the following— (a) the structure and content of the program; (b) the nature of the assessment, and supervision, of interns by clinical teaching staff to take place under the program; (c) the intern training facilities that will be available under the program; (d) the advice and recommendations of a body recognised by the board as competent to assess standards of postgraduate medical education. BEo OMNI DNA BW BH ee 141619 22 24 26 s 181 119 s 183 Medical Practitioners Registration Inquiries into applications 181.(1) Before deciding the application, the board may by notice given to the applicant, require the applicant to give the board, within a reasonable period of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application. (2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement. (3) A notice under subsection (1) must be given to the applicant within 60 days after the board receives the application. Decision 182.(1) The board must consider the application and decide to accredit, or refuse to accredit, the program. (2) If it decides to accredit the program, the board must as soon as practicable issue an accreditation certificate for the program to the applicant. (3) If it decides to refuse to accredit the program, the board must as soon as practicable give the applicant an information notice about the decision. Failure to decide applications 183.(1) Subject to subsections (2) and (3), if the board fails to decide the application within 60 days after its receipt, the failure is taken to be a decision by the board to refuse to accredit the program. (2) Subsection (3) applies if— (a) an applicant has made an application for accreditation of a program; and (b) the board has, under section 181(1), required the applicant to give the board further information or a document. (3) The board is taken to have decided to refuse to accredit the program if the board does not decide the application by the day that is 60 days after the board receives the further information or document. Cm IAD Apwn 12 14 16 1923 25 27 s 184 120 s 186 Medical Practitioners Registration Accreditation certificate 184.(1) An accreditation certificate for a program must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the program to which the certificate relates; (b) the name of the holder of the accreditation certificate for the program; (c) the period of accreditation; (d) details of the name and address of the hospital at which the program is based. Period 185. The period of accreditation that is to apply to a program is the period, not more than 4 years, stated in the accreditation certificate for the program. Division 3—Renewal of accreditation Applications for renewal 186.(1) The holder of an accreditation certificate for a program may apply to the board for the renewal of the accreditation within the period starting 60 days before the period of the accreditation ends. (2) The application must— (a) bein the approved form; and (b) be accompanied by— (i) _ the fee prescribed under a regulation; and (11) any other documents, identified in the approved form, the board reasonably requires. CoO DW ND nH FP WN e 13182123 25 s 187 121 s 189 Medical Practitioners Registration Inquiries into applications 187.(1) Before deciding the application, the board may, by notice given to the applicant, require the applicant to give the board, within a reasonable period of at least 30 days stated in the notice, further information or a document the board reasonably considers is needed to decide the application. (2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement. Accreditation taken to be in force while application is considered 188.(1) If an application is made under section 186, the accreditation is taken to continue in force from the day that it would, apart from this section, have expired until the application is decided under section 189 or taken to have been withdrawn under section 187(2). (2) However, if the application is refused, the accreditation continues in force until the information notice for the decision is given to the applicant. (3) Subsection (1) does not apply if the accreditation is earlier cancelled. Decision 189.(1) The board must consider the application and renew, or refuse to renew, the accreditation. (2) In making its decision, the board may have regard to the matters to which the board may have regard in deciding whether to accredit a program.45 (3) If it decides to refuse to renew the accreditation, the board must as soon as practicable give the applicant an information notice about the decision. (4) If it decides to renew the accreditation, it must as soon as practicable— (a) endorse the existing accreditation certificate for the program; or 45 See section 180 for a list of the matters. CXIY ANRWN 1113 15 19 212427 s 190 122 s 191 Medical Practitioners Registration (b) cancel the existing certificate and issue another accreditation certificate for the program. Division 4—Cancellation of accreditation Ground for cancellation 190.(1) The accreditation for a program may be cancelled, under this division, on the ground that it is no longer appropriate for the program to continue to be accredited. (2) For forming a belief that the ground exists, the board may have regard to the matters to which the board may have regard in deciding whether to accredit a program.46 Show cause notice 191.(1) If the board believes the ground exists to cancel the accreditation for a program, the board must before taking action to cancel the accreditation give the holder of the accreditation certificate for the program a notice (a "show cause notice"). (2) The show cause notice must state the following— (a) that the board proposes to cancel the accreditation under this division; (b) the ground for the proposed cancellation; (c) an outline of the facts and circumstances forming the basis for the ground; (d) an invitation to the holder to show within a stated period (the "show cause period") why the board should not cancel the accreditation. (3) The show cause period must be a period ending not less than 30 days after the show cause notice is given to the holder. 46 See section 180 for a list of the matters. SOO NINDH LE 1315 18 21 2326 s 192 123 s 194 Medical Practitioners Registration Representations about show cause notices 192.(1) The holder of the accreditation certificate may make written representations about the show cause notice to the board in the show cause period. (2) The board must consider all written representations made under subsection (1). Ending show cause process without further action 193.(1) This section applies if, after considering the representations for the show cause notice, the board no longer believes the ground exists to cancel the accreditation. (2) The board must not take any further action about the show cause notice. (3) Notice that no further action is to be taken about the show cause notice must be given to the holder of the accreditation certificate by the board. Cancellation 194.(1) This section applies if, after considering the representations for the show cause notice, the board— (a) still believes the ground exists to cancel the accreditation; and (b) believes cancellation of the accreditation is warranted. (2) This section also applies if there are no representations under section 192(1) for the show cause notice. (3) The board may decide to cancel the accreditation. (4) The board must as soon as practicable give an information notice about the decision to the holder of the accreditation certificate. (5) The decision takes effect on— (a) the day the information notice is given to the holder; or (b) ifa later day of effect is stated in the information notice, the later day. DAN BWP 12 1418 20 22 25 27 29 s 195 124 s 197 Medical Practitioners Registration Return of accreditation certificate to board 195.(1) This section applies if the board has cancelled the accreditation for a program and given an information notice for the decision to the holder of the accreditation certificate. (2) The holder must return the accreditation certificate for the program to the board within 14 days after receiving the information notice, unless the holder has a reasonable excuse. Maximum penalty for subsection (2)—10 penalty units. Division 5—General provisions about accreditation Surrender of accreditation 196.(1) The holder of the accreditation certificate for a program may surrender the accreditation by notice given to the board. (2) The surrender takes effect— (a) on the day the notice is given to the board; or (b) ifa later day of effect is stated in the notice, on the later day. (3) The holder must return the accreditation certificate for the program to the board within 14 days after the day the surrender takes effect, unless the holder has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. Replacement of accreditation certificates 197.(1) The holder of the accreditation certificate for a program may apply to the board for the replacement of the certificate if it has been lost, stolen, destroyed or damaged. (2) The board must consider the application and either grant, or refuse to grant, the application. (3) The board must grant the application if the board is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement. eC NAN BRWHY 12 14172225 27 s 198 125 s 201 Medical Practitioners Registration (4) If the board grants the application, the board must, on payment of the fee prescribed under a regulation, issue another certificate to the applicant to replace the lost, stolen, destroyed or damaged certificate. (5) If the board refuses to grant the application, the board must as soon as practicable give the applicant an information notice about the decision. PART 6—INVESTIGATION AND ENFORCEMENT Division 1—Inspectors Functions of inspectors 198. An inspector has the function of conducting investigations and inspections to enforce compliance with this Act. Powers of inspectors 199. For this Act, an inspector has the powers given to the person under this Act. Limitation on powers of inspectors 200. The powers of an inspector may be limited under a condition of appointment. Division 2—Appointment of inspectors and other matters Appointments 201. The board may appoint the following persons as an inspector— (a) amember; (b) the executive officer; Ab Wye 13 16 1921 s 202 126 s 203 Medical Practitioners Registration (c) if the executive officer has agreed to the appointment, a member of the office's staff the board considers has the necessary expertise or experience to be an inspector; (d) another person the board considers has the necessary expertise or experience to be an inspector. Appointment conditions 202.(1) An inspector holds office on the conditions stated in the instrument of appointment. (2) An inspector ceases holding office— (a) ifthe appointment provides for a term of appointment—at the end of the term; or (b) if the conditions of appointment provide—on ceasing to hold another office (the "main office") stated in the appointment conditions. (3) An inspector may resign by signed notice of resignation given to the board. (4) However, an inspector may not resign from the office of inspector (the "secondary office") if a condition of the inspector's employment to the main office requires the inspector to hold the secondary office. Identity cards 203.(1) The board must give an identity card to each inspector. (2) The identity card must— (a) contain a recent photograph of the inspector; and (b) be signed by the inspector; and (c) identify the person as an inspector for this Act; and (d) include an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other Acts. Ab Wye 212326 28 s 204 127 s 206 Medical Practitioners Registration Failure to return identity card 204. A person who ceases to be an inspector must return the person's identity card to the chairperson within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. Production or display of inspector's identity card 205.(1) An inspector may exercise a power in relation to someone else (the "other person") only if the inspector— (a) first produces the inspector's identity card for the other person's inspection; or (b) has the identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for the other person's inspection at the first reasonable opportunity. Division 3—Powers of inspectors Subdivision 1—Entry of places Power to enter places 206.(1) An inspector may enter a place if— (a) its occupier consents to the entry; or (b) itis a public place and the entry is made when the place is open to the public; or (c) the entry is authorised by a warrant. (2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier's consent or a warrant— (a) enter land around premises at the place to an extent that is na BWh 2023 26 s 207 128 s 207 Medical Practitioners Registration reasonable to contact the occupier; or (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. Subdivision 2—Procedure for entry Entry with consent 207.(1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 206(1)(a). (2) Before asking for the consent, the inspector must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state— (a) the occupier has been told— (1) the purpose of the entry; and (11) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and (d) the time and date the consent was given. (5) If the occupier signs the acknowledgment, the inspector must immediately give a copy to the occupier. (6) A court must find the occupier of a place did not consent to an inspector entering the place under this part if— (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 206(1)(a); and RwWN Corn a 1114 161821 24 26 28 s 208 129 s 209 Medical Practitioners Registration (b) an acknowledgment mentioned in subsection (4) is not produced in evidence for the entry; and (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. Application for warrant 208.(1) An inspector may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. Issue of warrant 209.(1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the "evidence") that may provide evidence of an offence against this Act; and (b) the evidence is at the place, or may be at the place within the next 7 days. (2) The warrant must state— (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (11) exercise the inspector's powers under this part; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and Rw Ne 17 19 21 24 2628 s 210 130 s 210 Medical Practitioners Registration (e) the date, within 14 days after the warrant's issue, the warrant ends. Special warrants 210.(1) An inspector may apply for a warrant (a "special warrant") by phone, fax, radio or another form of communication if the inspector considers it necessary because of — (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector's remote location. (2) Before applying for the special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the special warrant before the application is sworn. (4) After issuing the special warrant, the magistrate must immediately fax a copy (the "facsimile warrant") to the inspector if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the inspector— (a) the magistrate must tell the inspector— (1) what the terms of the special warrant are; and (11) the date and time the special warrant was issued; and (b) the inspector must complete a form of warrant (a "warrant form") and write on it— (i) the magistrate's name; and (11) the date and time the magistrate issued the special warrant; and (11) the terms of the special warrant. (6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the special warrant issued. Ne Bo OM NA ANA WwW il oon wn eRe DAuns Noe Be ew SO wm AN Nw Ne N we Nw Aw N a NNN 'oon s211 131 s211 Medical Practitioners Registration (7) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) ifthe inspector completed a warrant form, the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the special warrant. (9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1); and (b) the special warrant is not produced in evidence; and (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant. Warrants—procedure before entry 211.(1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant. (2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector's identity card or other document evidencing the inspector's appointment; (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 210(6), a copy of the facsimile warrant or warrant form; (c) tell the person the inspector is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the inspector immediate entry to the place without using force. ao nn aA WO NK \o RP Re NRO = w Ree ns 18 20 2224 2629 31 s 212 132 s 212 Medical Practitioners Registration (3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Subdivision 3—Powers after entry General powers after entering places 212.(1) This section applies to an inspector who enters a place. (2) However, if an inspector enters a place to get the occupier's consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised. (3) For enforcing compliance with this Act, the inspector may— (a) search any part of the place; or (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or (c) take a thing, or a sample of or from a thing, for analysis or testing; or (d) take an extract from, or copy, a document at the place; or (e) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or (f) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (e); or (g) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with. (4) When making a requirement mentioned in subsection (3)(f) or (g), the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. Cont D w 11 13 15 18212427 s 213 133 s 215 Medical Practitioners Registration Failure to help inspector 213.(1) A person required to give reasonable help under section 212(3)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (2) If an individual is required under section 212(3)(f) to give information, or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual. Failure to give information 214.11) A person of whom a requirement is made under section 212(3)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (2) It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual. Subdivision 4—Power to seize evidence Seizing evidence at a place that may be entered without consent or warrant 215. An inspector who enters a place that may be entered under this division without the consent of the occupier and without a warrant, may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act. CMmMNID YW FWN 121620 2224 s 216 134 s217 Medical Practitioners Registration Seizing evidence at a place that may only be entered with consent or warrant 216.(1) This section applies if— (a) an inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and (b) the inspector enters the place after obtaining the necessary consent or warrant. (2) If the inspector enters the place with the occupier's consent, the inspector may seize a thing at the place if— (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier's consent. (3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued. (4) The inspector also may seize anything else at the place if the inspector reasonably believes— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (11) used to continue, or repeat, the offence. (5) Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act. Securing seized things 217. Having seized a thing, an inspector may— (a) move the thing from the place where it was seized (the "place of seizure"); or Fo Om ND WNP W NRE il oon wn Ree ns Ree na NHN NY FS re Oo Ow NNN BRwWN 26 28 s 218 135 s 219 Medical Practitioners Registration (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1. Sealing a thing and marking it to show access to it is restricted. 2. Sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted. Tampering with seized things 218. If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector's approval. Maximum penalty—100 penalty units. Powers to support seizure 219.(1) To enable a thing to be seized, an inspector may require the person in control of it— (a) to take it to a stated reasonable place by a stated reasonable time; and (b) if necessary, to remain in control of it at the stated place for a reasonable time. (2) The requirement— (a) must be made by notice in the approved form; or (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable. (3) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement. (4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (4)—50 penalty units. Dun FW NR 14 16 18 20 2225 27 s 220 136 s 221 Medical Practitioners Registration Receipts for seized things 220.(1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way. (3) The receipt must describe generally each thing seized and its condition. (4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing's nature, condition and value. Forfeiture of seized things 221.(1) A seized thing is forfeited to the State if the inspector who seized the thing— (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts; or (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. (2) In applying subsection (1)— (a) subsection (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and (b) subsection (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (3) If the inspector makes a decision under subsection (1)(c), resulting in the seized thing being forfeited to the State, the inspector must immediately give the owner an information notice for the decision. (4) Subsection (3) does not apply if— (a) the inspector can not find the owner, after making reasonable inquiries; or BPOoODO OXI ANB WN LY ee 14 16 18 21242731 s 222 137 s 223 Medical Practitioners Registration (b) it is impracticable or would be unreasonable to give the information notice. (5) Regard must be had to a thing's nature, condition and value— (a) in deciding— (i) whether it is reasonable to make inquiries or efforts; and (11) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable; or (b) in deciding whether it would be unreasonable to give the information notice. Forfeiture on conviction 222.(1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— (a) anything used to commit the offence; or (b) anything else the subject of the offence. (2) The court may make the order— (a) whether or not the thing has been seized; and (b) if the thing has been seized, whether or not the thing has been returned to its owner. (3) The court may make any order to enforce the forfeiture it considers appropriate. (4) This section does not limit the court's powers under the Penalties and Sentences Act 1992 or another law. Dealing with forfeited things etc. 223.(1) On the forfeiture of a thing to the State, the thing becomes the State's property and may be dealt with by the executive officer as the executive officer considers appropriate. (2) Without limiting subsection (1), the executive officer may destroy or dispose of the thing. ow! CAND A Ff WY Ne e 13 1517 19 21 23 2629 s 224 138 s 226 Medical Practitioners Registration (3) Despite subsection (1), the executive officer must not deal with the thing in a way that could prejudice the outcome of — (a) an appeal started under section 238(3); or (b) another appeal, relevant to the thing, of which the executive officer is aware. Return of seized things 224.(1) Ifa seized thing has not been forfeited, the inspector must return it to its owner— (a) at the end of 6 months; or (b) ifa proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding. (2) Despite subsection (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary. Access to seized things 225.(1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. Subdivision 5—Power to obtain information Power to require name and address 226.(1) This section applies if— (a) an inspector finds a person committing an offence against this Act; or (b) an inspector finds a person in circumstances that lead, or has nk WwW NPE 19 21 24 26 s 227 139 s 228 Medical Practitioners Registration information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act. (2) The inspector may require the person to state the person's name and residential address. (3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person's name or residential address, unless the person has a reasonable excuse. (4) The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false. (5) A requirement under subsection (2) or (4) is called a "personal details requirement". Failure to give name or address 227.(1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (2) A person does not commit an offence against subsection (1) if— (a) the person was required to state the person's name and residential address by an inspector who suspected the person had committed an offence against this Act; and (b) the person is not proved to have committed the offence. Power to require production of documents 228.(1) An inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector a document issued to the person under this Act. (2) The inspector may keep the document to copy it. (3) The inspector must return the document to the person as soon as practicable after copying it. SCM YAWN BW NH 12 15 17 1924 26 29 s 229 140 s 230 Medical Practitioners Registration (4) While the document is in the inspector's possession, the inspector must allow it to be inspected or copied, at a reasonable time, by a person who would be entitled to inspect or copy it were it not in the inspector's possession. (5) A requirement under subsection (1) is called a "document production requirement". Failure to produce document 229.(1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (2) It is not a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the individual. Power to require information 230.(1) This section applies if an inspector reasonably believes— (a) an offence against this Act has been committed; and (b) aperson may be able to give information about the offence. (2) The inspector may, by notice given to the person, require the person to give information, including a document, about the offence to the inspector at a stated reasonable time and place. (3) The person must comply with a requirement under subsection (2), unless the person has a reasonable excuse. Maximum penalty—S0 penalty units. (4) For this section, it is a reasonable excuse for an individual to fail to give information that giving the information might tend to incriminate the individual. Dn BWNe 1618 2023 26 s 231 141 s 232 Medical Practitioners Registration Division 4—General enforcement matters Notice of damage 231.(1) This section applies if— (a) an inspector damages property when exercising or purporting to exercise a power; or (b) a person (the "other person") acting under the direction of an inspector damages property. (2) The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property. (3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector's or other person's control, the inspector may state the belief in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the inspector reasonably believes is trivial. (6) In this section— "owner", of property, includes the person in possession or control of it. Compensation 232.(1) A person may claim from the board the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under any of the following subdivisions of division 347— * subdivision | (Entry of places) * subdivision 3 (Powers after entry) * subdivision 4 (Power to seize evidence). 47 Division 3 (Powers of inspectors) = coo we Son AB W pw 121518 20 2326 s 233 142 s 234 Medical Practitioners Registration (2) Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision. (3) Compensation may be claimed and ordered to be paid in a proceeding— (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or (b) for an offence against this Act brought against the person claiming compensation. (4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. False or misleading information 233. A person must not give information to an inspector the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. False or misleading documents 234.(1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the inspector, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information, gives the correct information. er Oo \O aD ns WwW NR ee 14 18 21 23 25 s 235 143 s 237 Medical Practitioners Registration Obstructing inspectors 235.(1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and (b) the inspector considers the person's conduct is an obstruction. (3) In this section— "obstruct" includes hinder and attempt to obstruct or hinder. Impersonation of inspectors 236. A person must not pretend to be an inspector. Maximum penalty—S0 penalty units. PART 7—APPEALS Who may appeal 237.(1) A person (the "appellant") who is given, or is entitled to be given, an information notice for a decision (the "original decision") may appeal against the decision to the District Court.48 (2) To help users of this Act, schedule | identifies the decisions for which an information notice must be given under this Act. 48 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the District Court. Co YAWN BB WH 11141922 s 238 144 s 240 Medical Practitioners Registration Starting appeals 238.(1) The appeal may be started at— (a) the District Court at the place where the person resides or carries on business; or (b) the District Court at Brisbane. (2) Subsection (1) does not limit the District Court at which the appeal may be started under the Uniform Civil Procedure Rules 1999. (3) The notice of appeal under the Uniform Civil Procedure Rules 1999 must be filed with the registrar of the court within 28 days after— (a) if the appellant is given an information notice for the original decision—the day the appellant is given the notice; or (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the original decision. (4) The court may, at any time, extend the period for filing the notice of appeal. Hearing procedures 239.(1) In deciding the appeal, the court— (a) has the same powers as the person who made the original decision; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice. (2) The appeal is by way of rehearing, unaffected by the original decision, on the material before the person who made the original decision and any further evidence allowed by the court. Powers of court on appeal 240.(1) In deciding the appeal, the court may— (a) confirm the original decision; or (b) amend the original decision; or Bw N ee ee WHO Ko CHO ID WN Ree ns 17 19 21 232628 s 241 145 s 241 Medical Practitioners Registration (c) substitute another decision for the original decision; or (d) set aside the original decision and return the issue to the board with the directions the court considers appropriate. (2) In substituting another decision for the original decision, the court has the same powers as the person who made the original decision. Example— The court may decide that an unsuccessful applicant for general registration be registered either unconditionally or on particular conditions. (3) If the court amends the original decision or substitutes another decision for the original decision, the amended or substituted decision is, for this Act (other than this part) taken to be the decision of the person who made the original decision. (4) If the court decides to impose conditions on a registration, the court must— (a) state the reasons for the decision; and (b) ifthe registration is a general registration or specialist registration, decide and state the review period applying to the conditions.49 (5) If the court decides to impose conditions on a registration because of the registrant's mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (6) The court must decide not to record details of the conditions mentioned in subsection (5) in the register unless it reasonably believes it is in the interests of users of the registrant's services or the public to know the details. Appointment of assessors 241.(1) If the court is of the opinion that the appeal involves a question of special knowledge and skill, the court may appoint | or more assessors who in the court's opinion possess the special qualifications necessary for the 49 The conditions may be reviewed, for general registration, under part 3 (Registration), division 8 (Reviewing conditions of general registration) or, for specialist registration, part 3, division 8, as applied by section 124(1)(e). 28 s 242 146 s 245 Medical Practitioners Registration particular case to assist the court in its deciding the appeal. (2) An assessor may advise the court on any matter, but all questions of law and fact are to be decided by the court. (3) The court may give the weight to the advice that it considers appropriate. PART 8—LEGAL PROCEEDINGS Division 1—Evidence Application of division 242. This division applies to a proceeding under this Act. Appointments and authority 243. It is not necessary to prove— (a) an inspector's, or member's, appointment; or (b) the executive officer's appointment; or (c) the authority of an inspector, a member, the executive officer or a member of the office's staff to do anything under this Act. Signatures 244. A signature purporting to be the signature of the Minister, the chairperson, a member, an inspector, the executive officer or a member of the office's staff is evidence of the signature it purports to be. Evidentiary provisions 245. A certificate purporting to be signed by the executive officer and stating any of the following matters is evidence of the matter— Ak WH 1113 15 1822 s 246 147 s 246 Medical Practitioners Registration (a) (b) (c) (d) (e) (f) (g) (h) (i) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (11) a notice, direction or requirement; (11) a certificate of registration; (iv) arecord, or an extract from a record; (v) the register, or an extract from the register; a stated document is another document kept under this Act; a stated document is a copy of a thing mentioned in paragraph (a) or (b); on a stated day, or during a stated period, a stated person was or was not a registrant; on a stated day, or during a stated period, a registration— (i) was or was not in force; or (11) was or was not subject to a stated condition; on a stated day, a registration was cancelled; on a stated day, or during a stated period, an appointment as an inspector was, or was not, in force for a stated person; on a stated day, a stated person was given a stated notice or direction under this Act; on a stated day, a stated requirement was made of a stated person. Division 2—Proceedings Indictable and summary offences 246.(1) An offence against section 17450 is an indictable offence. (2) Any other offence against this Act is a summary offence. 50 Section 174 (Offence for taking reprisal) ornyna un fF Ww Ne 12 1416 18 20 24 s 247 148 s 248 Medical Practitioners Registration Proceedings for indictable offences 247.(1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— (a) by way of summary proceeding under the Justices Act 1886; or (b) on indictment. (2) A magistrate must not hear an indictable offence summarily if— (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or (b) the magistrate considers the charge should be prosecuted on indictment. (3) If subsection (2) applies— (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) aplea of the person charged at the start of the proceeding must be disregarded; and (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b)35! Limitation on who may summarily hear indictable offence 248.(1) The proceeding must be before a magistrate if it is a proceeding— (a) for the summary conviction of a person on a charge for an indictable offence; or 51 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in relation to an indictable offence) 25 27 s 249 149 s 252 Medical Practitioners Registration (b) for an examination of witnesses for a charge for an indictable offence. (2) However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991. Limitation on time for starting summary proceedings 249. A proceeding for a summary offence against this Act by way of summary proceeding under the Justices Act 1886 must start— (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant's knowledge, but within 2 years after the commission of the offence. Allegations of false or misleading information or documents 250. In any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, 'false or misleading'. Penalties to be paid to board 251. All penalties recovered as a result of proceedings for offences against this Act brought by the board must be ordered to be paid to the board. Responsibility for acts or omissions of representatives 252.(1) This section applies in a proceeding for an offence against this Act. (2) If it is relevant to prove a person's state of mind about a particular act or omission, it is enough to show— (a) the act was done or omitted to be done by a representative of the DNwnpw Ne 121618 2125 27 s 253 150 s 253 Medical Practitioners Registration person within the scope of the representative's actual or apparent authority; and (b) the representative had the state of mind. (3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative's actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission. (4) In this section— "representative" means— (a) for a corporation—an executive officer, employee or agent of the corporation; or (b) for an individual—an employee or agent of the individual. "state of mind" of a person includes— (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. Executive officers must ensure corporation complies with Act 253.(1) The executive officers of a corporation must ensure the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation's executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision. (4) However, it is a defence for an executive officer to prove— (a) if the officer was in a position to influence the conduct of the CMIADWAHR YW NY e Oo aon Nw ee Bee Hn nn f& WwW 19 2123 25 2729 31 s 254 151 s 254 Medical Practitioners Registration (b) corporation in relation to the offence, the officer exercised reasonable diligence to ensure the corporation complied with the provision, or the officer was not in a position to influence the conduct of the corporation in relation to the offence. PART 9—REGISTER, RECORDS AND INFORMATION Division 1—Register Register to be kept 254.(1) The board must keep a register about registrants. (2) The register may be kept in the way the board considers appropriate, including, for example, in an electronic form. (3) The register must contain the following details for each registrant— (a) (b) (c) (d) (e) (f) the registrant's name; an address of the registrant notified by the registrant to the board; whether the registrant is a general registrant, provisional general registrant, special purpose registrant, provisional special purpose registrant, specialist registrant or provisional specialist registrant; any qualification relied on by the registrant to obtain registration; if the registrant is a specialist registrant or provisional specialist registrant, the specialty in which the registrant is registered; if the registrant is a special purpose registrant or provisional special purpose registrant— (i) details of the special purpose for which the registrant is registered; and Ap WNRe 12 141721 23 25 s 255 152 s 255 Medical Practitioners Registration (11) fora special purpose that involves the practice of a specialty, details of the specialty; (g) if conditions, including, for example, probationary conditions are imposed under this Act on the registrant's registration— (i) for conditions imposed because of the registrant's mental and physical health, the details of which it has been decided under this Act not to record in the register—the fact that conditions have been imposed; or (11) otherwise—details of the conditions; (h) whether the registrant has an approval or an authority under the Health (Drugs and Poisons) Regulation 1996 to which a condition applies and, if so, details of the condition; (i) whether the registrant has an approval or authority under the Health (Drugs and Poisons) Regulation 1996 that is currently cancelled or suspended under that regulation; (j) any other information required to be recorded in the register under the Health Practitioners (Professional Standards) Act 1999; (k) other details prescribed under a regulation. (4) For subsection (3)(g), the fact or details must be recorded in the register for the period the conditions are in force. Inspection of register 255.(1) The board must— (a) keep the register open for inspection, free of charge, at the office by members of the public during ordinary office hours; and (b) give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation. (2) Subsection (1) does not apply to details of the residential address of a registrant, unless the registrant gives notice to the board that he or she agrees to the details being able to be inspected. CAKHAWN RW Ne 111417 20 22 24 26 28 s 256 153 s 257 Medical Practitioners Registration Division 2—Records to be kept Records 256.(1) The board must keep records of the following details about each registrant or former registrant— (a) if the registration was affected under the Health Practitioners (Professional Standards) Act 1999, details of the way it was affected and the reason for it being affected; (b) ifthe registration was cancelled under this Act, the fact of, and the reason for, the cancellation; (c) if conditions were, under this Act, imposed on the registration, details of the conditions and the reasons for their imposition; (d) other details prescribed under a regulation. (2) The records must be kept for at least 10 years. Division 3—Information Confidentiality of information 257.(1) This section applies to a person (the "relevant person") who is or was— (a) amember; or (b) amember of a committee; or (c) appointed by the board to conduct a health assessment of another person; or (d) an inspector; or (e) the executive officer or a member of the office's staff; or (f) otherwise involved in the administration of this Act. (2) This section applies to information about a person obtained by the relevant person in the course of performing the relevant person's functions under this Act. Rw wp Be Be ew ON Fo CH IDM 17 19 21 2326 s 257 154 s 257 Medical Practitioners Registration (3) The relevant person must not disclose the information to anyone else. Maximum penalty—100 penalty units. (4) However, the relevant person may disclose the information to someone else— (a) (b) (c) (d) (e) (f) (g) (h) (i) to the extent necessary to perform the relevant person's functions under or relating to this Act or the Health Practitioners (Professional Standards) Act 1999; or if the disclosure is authorised under this or another Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates agrees to the disclosure; or if the disclosure is in a form that does not disclose the identity of a person; or if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the register; or if the disclosure is to a foreign regulatory authority and the disclosure is necessary for the authority to perform its functions; or if the disclosure is to the Minister to allow the Minister to act under paragraph (i); or if the Minister considers the disclosure is in the public interest and authorises the relevant person to disclose the information. (5) If the Minister authorises information to be disclosed under subsection (4)(1) about a matter concerning a registrant, the Minister must inform the board of the authorisation and its purpose. (6) In this section— "information", about a person, means— (a) (b) information about the person's health that identifies, or is likely to identify, the person; or information about the person's criminal history obtained under a request under section 45(2). RW NY FBO © em NXIQDNM Ree eS wn re nRnn p a Con NN re Oo NN wh N NN Hun Ny N ao Nn wry aN) WwW WwW Ne s 258 155 s 260 Medical Practitioners Registration Board's annual report must disclose authorisation 258.(1) This section applies if the board is given information, under section 257(5), in a financial year about an authorisation. (2) The board must include a statement about the authorisation in its annual report under the Financial Administration and Audit Act 1977 for the financial year. (3) The statement must include general details about— (a) the nature of the information disclosed under the authorisation; and (b) the purpose for which the information was disclosed. (4) However, the statement must not identify any person. PART 10—MISCELLANEOUS Division 1—Abandoned, and other, health records Definitions for div 1 259. In this division— "health records" means documents, recording the health history, condition and treatment of users of the professional services provided by a person, made in the course of the person's practice of the profession. "possess", a health record, includes having the record under control in any place, whether or not another person has custody of the record. Board may take possession of abandoned health records 260.(1) This section applies if the board suspects on reasonable grounds that health records have been abandoned. (2) The board may take and keep possession of the records to be dealt with under this division. Cm AYA ANWR WHY LD eS eK Oo 15 1720 23 25 s 261 156 s 262 Medical Practitioners Registration (3) For taking possession of the records, the board may give notice to the occupier of the place where the records are situated to deliver the records to the board to be dealt with under this division. (4) The notice must state that the requirement must be complied with within a period of 14 days after the occupier receives the notice. (5) The occupier must comply with the requirement within the stated period, unless the occupier has a reasonable excuse. Maximum penalty for subsection (5)—50 penalty units. Health records forming part of deceased estate 261.(1) This section applies if health records form part of a deceased estate. (2) The personal representative of the deceased person concerned may deliver the records into the possession of the board to be dealt with under this division. Health records of persons convicted of an offence against s 157(1) or (6), 158 or 161 262.(1) This section applies to a person who is convicted of an offence against section 157(1) or (6), 158(1) or 161.52 (2) The board may give the person notice to deliver health records in the possession or control of the person into the possession of the board to be dealt with under this division. (3) The person must within 14 days after receiving the notice deliver the records into the possession of the board. Maximum penalty—S0 penalty units. (4) If the person does not comply with the notice, the board may take and keep possession of the records. 52. Section 157 (Taking of restricted titles etc.), 158 (Taking of restricted specialist title ete. by person) or 161 (Claims by persons as to registration) ao nn ns WwW NR 11 1316 18 2023 26 s 263 157 s 265 Medical Practitioners Registration Dealing with certain health records seized under s 215 or 216 263.(1) This section applies if, under section 215 or 216,53 an inspector seizes health records that the board may take and keep possession of under section 260 or 262. (2) The inspector must deliver the health records into the possession of the board to be dealt with under this division. (3) Sections 221, 224 and 22554 do not apply to health records delivered to the board under subsection (2). How board may deal with health records 264.(1) This section applies if the board takes possession of a health record under this division. (2) The board may— (a) give the record to the person to whom the record relates; or (b) if directed by the person, give the record to a registrant under a health practitioner registration Act chosen by the person; or (c) if the board can not find the person after making reasonable inquiries, keep the record; or (d) if the board can not find the person, after making reasonable inquiries, and decides it is no longer necessary to keep the record, destroy the record. (3) To remove doubt, it is declared that the board is taken to be keeping a health record if another body stores the record on its behalf. Destruction of health records 265.(1) This section applies if the board destroys a health record under section 264(2)(d). 53 Section 215 (Seizing evidence at a place that may be entered without consent or warrant) or 216 (Seizing evidence at a place that may only be entered with consent or warrant) 54 Sections 221 (Forfeiture of seized things), 224 (Return of seized things) and 225 (Access to seized things) OY AN BWP 11 13 15 17 1922 25 s 266 158 s 267 Medical Practitioners Registration (2) Compensation is not recoverable against the board because of the destruction of the record. Division 2—Continuing professional education of registrants Continuing professional education programs 266.(1) The board may develop or recognise a program for the continuing professional education of registrants. (2) The board must give notice to all registrants, to whom the program is relevant, of details of the program. (3) The program may state the minimum continuing professional education requirements a registrant needs to satisfy, in a stated period, to keep up-to-date with developments in the practice of the profession. (4) A registrant who has satisfied the requirements in the stated period may advertise this fact. (5) A registrant who has not satisfied the requirements in the stated period must not advertise that the registrant has satisfied the requirements. Maximum penalty for subsection (5)—50 penalty units. Division 3—Declared events Definitions for div 3 267. In this division— "declaration period" see section 268(3). "declared event" means an event declared to be a declared event under section 268(1). "interstate law" means a law of another State that provides for the same matter as this Act. "local practitioner" means a person registered under this Act. "participant" means a person who is officially participating in, or preparing for, a declared event. Ne See ee BR Wh re OO aon Dn fp re Hn wn 1922 24 27 s 268 159 s 269 Medical Practitioners Registration "prepare" includes the following— (a) train; (b) practise; (c) rehearse; (d) acclimatise. "visiting practitioner", in relation to a declared event, means a person who— (a) is nota local practitioner; and (b) is registered under an interstate law; and (c) is appointed, employed, contracted or otherwise engaged to provide professional services to a participant in relation to the event. Declaration of events 268.(1) The Minister may, by notice, declare a sporting, cultural or other event to be a declared event for this Act. (2) The notice must be for an event taking place, or to take place, in the State that will or is likely to attract a significant number of participants. (3) The notice must state a period during which the declaration is to remain in force (the "declaration period"). (4) The declaration period for the declared event may include a period before or after the declared event takes place. (5) The notice is subordinate legislation. Deemed general or specialist registration of visiting practitioners 269.(1) This section applies to a visiting practitioner in relation to a declared event. (2) During the declaration period for the event, the visiting practitioner is taken to be the following kind of registrant in relation to the provision of professional services to a participant in the event— (a) if the practitioner's registration under the interstate law is orAninan un fF WwW WY 1115 17 19 21 25 27 s 270 160 s 270 Medical Practitioners Registration equivalent to general registration under this Act—a general registrant; (b) if the practitioner's registration under the interstate law is equivalent to specialist registration under this Act in a specialty—a specialist registrant in the specialty. (3) The practitioner's deemed general or specialist registration under subsection (2) is taken to be subject to any conditions of the practitioner's relevant registration under an interstate law. (4) Part 3, divisions 4 to 9 and 1155 do not apply to the practitioner while the practitioner is taken, under subsection (2), to be a general or specialist registrant. (5) The practitioner is not taken to be a registrant for the operation of sections 37(1)(b) and 254.56 Division 4—Other provisions Provision of certain professional services by interstate practitioners 270.(1) This section applies to an interstate practitioner in relation to the provision of any of the following professional services by the practitioner in Queensland— (a) a professional service provided in an emergency; (b) the removal of tissue from a person's body or the transplantation of tissue to the body of a living person; (c) a professional service provided to a patient while the patient is being transported. 55 Part 3 (Registration), divisions 4 (Renewal of general registrations), 5 (Restoration of general registrations), 6 (Cancellation of general registrations), 7 (Reviewing probationary conditions on general registrations), 8 (Reviewing conditions of general registrations), 9 (Specialist registration) and 11 (General provisions about general registrations) 56 Sections 37 (Matters to be included in annual report) and 254 (Register to be kept) = ee FBP OoOw OID WwW NYE ee wd 1721 23 s 271 161 s 271 Medical Practitioners Registration (2) The interstate practitioner is taken to be the following kind of registrant in relation to the provision of any of the services by the practitioner in Queensland— (a) if the practitioner's registration under the interstate law is equivalent to general registration under this Act—a general registrant; (b) if the practitioner's registration under the interstate law is equivalent to specialist registration in a specialty—a specialist registrant in the specialty. (3) The practitioner's deemed general or specialist registration under subsection (2) is taken to be subject to any conditions of the practitioner's relevant registration under an interstate law. (4) In this section— "interstate law" means a law of another State or New Zealand that provides for the same matter as this Act. "interstate practitioner" means a person who is not a registrant but is registered under an interstate law. Protecting officials from liability 271.(1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the board. (3) In this section— "official" means— (a) amember; or (b) acommittee member who is not a board member; or (c) the executive officer; or (d) aperson appointed by the board to conduct a health assessment of another person; or aon HDnwmnsFt WwW NR \o RP Re NRO = w Ree ns Ree na 20 22 242629 s 272 162 s 273 Medical Practitioners Registration (e) an inspector; or (f) a person acting under the direction or authority of an inspector. Protection for persons supervising registrants undertaking prescribed internship or supervised practice program 272.(1) This section applies to a person who, honestly and on reasonable grounds, gives information to the board about a registrant in the person's capacity as the registrant's internship nominee or supervisor for an internship or supervised practice program. (2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (3) Without limiting subsection (2)— (a) in a proceeding for defamation the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, tule of law or practice, the person— (i) does not contravene the Act, oath, rule of law or practice by giving the information; and (11) is not liable to disciplinary action for giving the information. False or misleading information or documents 273.(1) A person must not give information to the board the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. (2) A person must not give the board a document containing information the person knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. 22 25 s 274 163 8277 Medical Practitioners Registration (3) Subsection (2) does not apply to a person if the person, when giving the document— (a) tells the board, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information, gives the correct information. Certificates etc. not to be false or misleading 274. A registrant must not, in the registrant's professional capacity, sign or give to another person, a certificate, notice, report or other document the registrant knows is false or misleading in a material particular. Maximum penalty—S0 penalty units. Application of provisions 275.(1) This section applies if a provision of this Act applies another provision of this Act for a purpose. (2) The other provision, and any definition relevant to the other provision, apply with any necessary changes. (3) Subsection (2) is not limited merely because a provision states how the other provision is to apply. Approval of forms 276. The board may approve forms for use under this Act. Examination fees 277. A person who sits an examination set and administered by the board under this Act must, before sitting the examination, pay the board the fee for the examination prescribed under a regulation. Dn BW Ne \o 14 16 18 20 23 s 278 164 s 279 Medical Practitioners Registration Regulation-making power 278.(1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following— (a) prescribed internships, including, for example, the content and duration of prescribed internships; (b) supervised practice programs, including, for example, the requirements and responsibilities of persons who supervise registrants undertaking the programs; (c) fees, including the refunding of fees, for this Act; (d) imposing a penalty of not more than 20 penalty units for a contravention of a provision of a regulation. (3) Without limiting subsection (2)(c), a regulation may prescribe amounts as fees having regard to the costs of the board performing its functions under, or complying with— (a) an Act in the legislative scheme; or (b) another Act. PART 11—REPEAL AND TRANSITIONAL PROVISIONS Division 1—Repeal Repeal of Medical Act 1939 279. The Medical Act 1939 (1939 Act No. 10) is repealed. 18 21 s 280 165 s 282 Medical Practitioners Registration Division 2—Transitional provisions Definitions for div 2 280. In this division— "column 1 registration" see section 293(1). "column 2 registration" see section 293(2). "commencement" means commencement of this section. "former board" means the Medical Board of Queensland under the repealed Act. "item", followed by a number, in relation to a column | or 2 registration, means the column 1 or 2 registration identified in the table in section 293(1) by the item number. Saving of certain orders made under repealed Act 281.(1) This section applies if immediately before the commencement an order made by the former board under section 67(1) or (2), 68(1) or 69(1) of the repealed Act is in force. (2) The order, and any provisions of the repealed Act relating to the order, continue to have effect as if this Act had not commenced. (3) The person to whom the order was given must comply with the order, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—30 penalty units. References to repealed Act or former board 282.(1) In an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act. (2) A reference in an Act or document to the former board may, if the context permits, be taken as a reference to the board. FBECow OXI DA WB WwW wD ee 1417 19 23 25 s 283 166 s 286 Medical Practitioners Registration Board is the legal successor 283.(1) The board is the successor in law of the former board. (2) Sections 284 to 288 do not limit subsection (1). Assets and liabilities etc. 284. On the commencement— (a) the assets and liabilities of the former board become assets and liabilities of the board; and (b) any contracts entered into by or on behalf of the former board and all guarantees, undertakings and securities given by or on behalf of the former board, in force immediately before the commencement, are taken to have been entered into or given by or to the board and may be enforced against or by the board; and (c) any property that, immediately before the commencement, was held on trust, or subject to a condition, by the former board continues to be held by the board on the same trusts, or subject to the same condition. Service agreements 285. A service agreement entered into by the former board, in force immediately before the commencement, is taken to have been entered into by the board. Proceedings 286. A proceeding that could have been started or continued by or against the former board before the commencement may be started or continued by or against the board. w mornin wn fF 12 1416 1923 s 287 167 s 289 Medical Practitioners Registration Dealing with matter under Health Practitioners (Professional Standards) Act 1999 287. A matter that had started to be, or could have been, dealt with under the Health Practitioners (Professional Standards) Act 1999 by the former board before the commencement may be continued, or started, to be dealt with by the board. Offences 288.(1) Proceedings for an offence against the repealed Act may be continued, or started by the board, and the provisions of the repealed Act and the Medical Act and Other Acts (Administration) Act 1966 necessary or convenient to be used in relation to the proceedings continue to apply, as if this Act had not commenced. (2) For subsection (1), the Acts Interpretation Act 1954, section 2057 applies, but does not limit the subsection. (3) This section has effect despite the repeal of the Medical Act and Other Acts (Administration) Act 1966. Membership of board 289.(1) From the commencement, the board consists of the existing members. (2) Also, the board may include other persons appointed by the Governor in Council (the "additional members"). (3) However, the first board must not consist of more than 11 members. (4) An existing member, other than the chief health officer, holds office as a member until the earlier of the following days— (a) the day the existing member's term of appointment under the repealed Act would have ended if this Act had not commenced; 57 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.) DAunfwWwW NH 1114 16 19 21 24 26 s 290 168 s 290 Medical Practitioners Registration (b) if the existing member vacates office under this Act before the day mentioned in paragraph (a), the day the existing member vacates office. (5) An additional member is to be appointed for a term that ends on or before the day when the terms of appointment of the existing members, other than the chief health officer, under the repealed Act would have ended if this Act had not commenced. (6) If a person, including an existing member, appointed to the board under this section is a registrant, the person is taken to be an appointed member and appointed registrant member. (7) Subsection (6) does not apply to the chief health officer. (8) If a person, including an existing member, appointed to the board under this section is not a registrant, the person is taken to be an appointed member. (9) The chief health officer is always a member of the first board. (10) The Governor in Council may appoint a person to fill the office of a member of the first board if it is vacant. (11) This section has effect despite sections 15 to 18 and 20.58 (12) In this section— "existing member" means a person who, immediately before the commencement, held office as a member of the former board. "first board" means the board as constituted under this section. Chairperson of board 290.(1) From the commencement, the existing president is taken to be the chairperson of the board as constituted under section 289. (2) The existing president ceases to hold office as the chairperson if the existing president vacates the office of chairperson under this Act. 58 Sections 15 (Membership of board), 16 (Appointed registrant members), 17 (Public members), 18 (Certain nominee board members) and 20 (Term of appointment) SOM IADWNR WHH eS an eli andilend RwWN Nn Ree na = ee \o @w NN re Oo N N 25 27 s 291 169 s 292 Medical Practitioners Registration (3) This section has effect despite section 19(1) and (3).59 (4) In this section— "existing president" means the person who, immediately before the commencement, held office as the president of the former board. Deputy chairperson of board 291.(1) This section applies if a person— (a) was appointed, under section 8(8) of the repealed Act, as the deputy president of the former board for a term; and (b) is, immediately before the commencement, acting as president of the former board. (2) The person is taken to be the deputy chairperson of the board, as constituted under section 289, from the commencement until the end of the term. (3) The person ceases to hold office as the deputy chairperson if the person vacates the office of deputy chairperson under this Act. (4) This section has effect despite section 19(1) and (3). Appeals 292.(1) Subsection (2) applies if— (a) a person has appealed to the tribunal under repealed section 21 before the commencement against a determination of the former board; and (b) the appeal has not been decided before the commencement. (2) The tribunal may hear, or continue to hear, and decide the appeal under the repealed Act as if this Act had not commenced. (3) Subsection (4) applies if— (a) immediately before the commencement a person could have appealed to the tribunal under the repealed section 21 against a 59 Section 19 (Chairperson and deputy chairperson of board) RW NY eorAynry Dw 1215 18 2024 27 s 293 170 s 293 Medical Practitioners Registration determination of the former board; and (b) the person has not appealed before the commencement. (4) The person may appeal, and the tribunal may hear and decide the appeal, under the repealed Act as if this Act had not commenced. (5) For giving effect to its decision under subsection (2) or (4), the tribunal may make the orders it considers necessary having regard to the provisions of this Act. Example for subsection (5)— On an appeal by a person against a determination of the former board to refuse the person's application for registration under the repealed Act, the tribunal may order that the board register the person under this Act. (6) In this section— "repealed section 21" means section 21 of the repealed Act. Existing registrations 293.(1) This section applies to a person who immediately before the commencement was registered, under the repealed Act, for a category of registration mentioned in column | of the following table (the "column 1 registration")— Table column 1 column 2 1. general registration as a medical general registration practitioner, based on an entitlement to registration stated in section 17 of the repealed Act 2. conditional registration as a general registration medical practitioner, based on an entitlement to registration stated in section 17A of the repealed Act RW NY Be eB ew oO YN Fow © AIDY 1618 s 293 171 s 293 Medical Practitioners Registration 3. conditional registration as a special purpose medical practitioner under registration under section 17C(a), (b), (c), (d), (f), section 132, 133, 134, (g) or (h) of the repealed Act 135, 136, 137 or 138 4. conditional registration as a specialist registration in medical practitioner, under the specialty section 17C(e) of the repealed Act, to practise a specialty 5. interim registration under provisional general section 17D of the repealed Act registration 6. specialist registration in a specialist registration in specialty, based on an entitlement the specialty. to registration stated in section 18 of the repealed Act (2) The person is taken to be registered for the category of registration mentioned in column 2 of the table (the "column 2 registration") shown opposite the column | registration. (3) If the column 1 registration was, immediately before the commencement, subject to conditions, the column 2 registration is taken to be subject to the conditions. (4) Despite section 56,60 the column 2 registration continues until the later of the following days— (a) 30 September first happening after the commencement; (b) the day that is 3 months after the commencement. (5) However, subsection (4) stops applying if the column 2 registration is surrendered or cancelled. (6) Subsection (7) applies to a conditional registration as a medical practitioner, under section 17A of the repealed Act, that is taken under subsection (2) to be a general registration. (7) The general registration is subject to the requirement that the registrant undertake the period of internship or supervised training the registrant 60 Section 56 (Period) COQ DANK WNE 1417 s 294 172 s 295 Medical Practitioners Registration would have been required to complete under the repealed Act if this Act had not commenced. (8) Subsection (9) applies to a conditional registration as a medical practitioner, under section 17C(g) of the repealed Act, that is taken under subsection (2) to be a special purpose registration. (9) Section 140 does not apply to the special purpose registration. (10) A regulation prescribing a branch of medicine to be a specialty (the "new specialty") may state that the new specialty includes, or is the equivalent of, a particular specialty prescribed under the repealed Act (the "previous specialty"). (11) Subsection (12) applies if a regulation is made under subsection (10). (12) For applying this section in relation to the previous specialty, a reference in item 4 or 6, column 2, in subsection (1) to 'the specialty' is taken to be a reference to the new specialty. Removal of conditions imposed under repealed Act 294.(1) This section applies to conditions mentioned in section 293(3) that were imposed, under the repealed Act, on an item 3 column 1 registration. (2) Section 1506! applies to the conditions as if the conditions had been imposed on the registration under this Act. Existing applications for certain column 1 registrations 295.(1) An application for a column | registration, other than an item 5 column registration, made under the repealed Act and not decided before the commencement must be decided under this Act. (2) The application is taken to be for the column 2 registration shown opposite the column | registration. 61 Section 150 (Removal) eAY HD NnAPW Ne e ow ee NR eee AK w 1821 2427 s 296 173 s 297 Medical Practitioners Registration (3) Part 3, division 2, 9 or 1062 applies to the application. (4) However, the provisions of this Act dealing with making the application in the approved form and paying the application fee or registration fee, that would otherwise apply do not apply to the application. Suspended registrations 296.(1) This section applies if a column | registration, other than an item 5 column | registration, has been suspended under the repealed Act and the period of suspension has not ended before the commencement. (2) The suspension is taken to continue as a suspension of the column 2 registration shown opposite the column | registration. Continuation of approvals for intern training 297.(1) This section applies if, immediately before the commencement, a hospital was— (a) an intern training hospital; or (b) asecondment hospital. (2) The person responsible for the clinical training of interns at the hospital is taken to hold— (a) for an intern training hospital—an accreditation certificate for an intern training program; and (b) for a secondment hospital—an accreditation certificate for an intern training secondment program. (3) The accreditation certificate ceases to have effect 3 years after the commencement. (4) In this section— "intern training hospital" means a hospital approved by the former board to provide a 12 month internship for persons registered under section 17A of the repealed Act. 62 Part 3 (Registration), division 2 (Applications for general registration), 9 (Specialist registration) or 10 (Special purpose registrations) RwWN CoO OND WwW 13 15 17 19 21 23 26 s 298 174 s 300 Medical Practitioners Registration "secondment hospital" means a hospital approved by the former board to provide an internship, other than a 12 month internship, for persons registered under section 17A of the repealed Act. Unmet area of need 298.(1) This section applies if, immediately before the commencement, there was in effect a decision by the Minister, under section 17C(2) of the repealed Act, that there is an unmet area of need relating to a medical service. (2) The decision is taken to be a decision by the Minister under section 135 that there is an area of need for a medical service. Sections 166 and 169 ineffective for 6 months 299.(1) Sections 166 and 16963 have no effect for 6 months after they commence. (2) However, a person may give the board a notice mentioned in section 166 within the 6 month period. Records 300.(1) This section applies if— (a) aregistration was affected under the repealed Act; and (b) immediately before the commencement, the former board held a record of the details of the way the registration was affected and the reason for it being affected. (2) The record must be kept by the board for at least 10 years after the commencement. 63 Sections 166 (Notification of business names etc.) and 169 (Information to appear in advertisements) Ne w CO ONAN fF 13 15 172023 s 301 s 301 Medical Practitioners Registration Certain Act has not been repealed 301.(1) This section applies if an Act mentioned in column 2 of the following table (the "column 2 Act") has not been repealed— Table column 1 Chiropractors Registration Act Dental Practitioners Registration Act 2000 Dental Technicians and Dental Prosthetists Registration Act 2000 Occupational Registration Act 2000 Therapists Optometrists Registration Act 2000 Osteopaths Registration Act 2000 Pharmacists Registration Act 2000 Physiotherapists Registration Act Podiatrists Registration Act 2000 Psychologists Speech Pathologists Registration Act 2000 Registration Act column 2 Chiropractors and Osteopaths Act Dental Act 1971 Dental Technicians and Dental Prosthetists Act 1991 Occupational Therapists Act 1979 Optometrists Act 1974 Chiropractors and Osteopaths Act Pharmacy Act 1976 Physiotherapists Act 1964 Podiatrists Act 1969 Psychologists Act 1977 Speech Pathologists Act 1979. (2) A reference in schedule 3, definition "health practitioner registration Act" to the Act mentioned in column 1 of the table shown opposite the column 2 Act is taken to be a reference to the column 2 Act. BR WN 13 s 302 176 s 302 Medical Practitioners Registration PART 12—CONSEQUENTIAL AMENDMENTS OF ACTS Amendment of Acts 302. Schedule 2 amends the Acts mentioned in it. Medical Practitioners Registration SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN Section 51, as applied by section 139 57(3)(b) 75, as applied by section 78 section 237(2) Description of decision Deciding to refuse to register an applicant for general registration as a general registrant Deciding to refuse to register an applicant for special purpose registration as a special purpose registrant Deciding to register a person as a general registrant on internship conditions Deciding that a person does not have relevant practical experience in the profession and registering the person as a general __ registrant on supervised practice program conditions Deciding to register a person as a general registrant on conditions and deciding the review period applying to the conditions Deciding to refuse to renew a general registration Deciding to refuse to restore a general registration Medical Practitioners Registration SCHEDULE 1 (continued) 75, as applied by section 124(1)(b) 75, as under section 124(1)(c) 75, as applied by section 144 applied 76, as applied by section 78 76, as applied by section 124(1)(b) 76, as section 124(1)(c) applied under 88, as applied by section 124(1)(d) 88, as applied by section 148 Deciding to refuse to renew a specialist registration Deciding to refuse to restore a specialist registration Deciding to refuse to renew a special purpose registration Deciding to renew a_ general registration on recency of practice conditions and deciding the review period applying to the conditions Deciding to restore a_ general registration on recency of practice conditions and deciding the review period applying to the conditions Deciding to renew a specialist registration on recency of practice conditions and deciding the review period applying to the conditions Deciding to restore a specialist registration on recency of practice conditions and deciding the review period applying to the conditions Deciding to cancel registration a general Deciding to cancel a specialist registration Deciding to cancel a special purpose registration Deciding to extend probationary conditions on a general registration Medical Practitioners Registration SCHEDULE 1 (continued) 104, as applied by section 124(1)(e) Deciding to confirm or change conditions of a general registration and deciding the review period applying to the conditions Deciding to confirm or change conditions on a specialist registration and deciding the review period applying to the conditions Deciding to refuse to register an applicant for specialist registration in a specialty as a_ specialist registrant in the specialty Deciding to register an applicant as a specialist registrant on conditions and deciding the review period applying to the conditions Deciding to register a person as a special purpose registrant on conditions Deciding to renew a special purpose registration on conditions Deciding to refuse to grant an application for the replacement of a certificate of registration Deciding to refuse to accredit a program Deciding to refuse to renew an accreditation Medical Practitioners Registration SCHEDULE | (continued) 194 Deciding to cancel an accreditation 197 Deciding to refuse to replace an accreditation certificate 221(1)(c) Decision resulting in a thing being forfeited to the State Medical Practitioners Registration SCHEDULE 2 CONSEQUENTIAL AMENDMENTS OF ACTS section 302 ACTS INTERPRETATION ACT 1954 1. Section 36, definition "medical practitioner", 'Medical Act 1939, section 4'— omit, insert— 'Medical Practitioners Registration Act 2000, schedule 3'. ADOPTION OF CHILDREN ACT 1964 1. Section 24(2) and (3), 'legally qualified'— omit. AMBULANCE SERVICE ACT 1991 1. Section 44(3)(f), 'Medical Act 1939'— omit, insert— 'Medical Practitioners Registration Act 2000'. aonnann 11 14Medical Practitioners Registration SCHEDULE 2 (continued) 2. Section 49(3)— omit, insert— '(3) In subsection (2)— "medical practitioner" includes a person registered under a law of another State that provides for the same matter as the Medical Practitioners Registration Act 2000 or a provision of that Act.'. CORONERS ACT 1958 1. Section 5, definition "medical practitioner"— omit, insert— ' "medical practitioner" includes a person registered under a law of another State that provides for the same matter as the Medical Practitioners Registration Act 2000 or a provision of that Act.'. CRIMES (CONFISCATION) ACT 1989 1. Section 58(3)(b), 'legally qualified'— omit. 2. Section 69(2)(b), 'legally qualified'— omit. DAN p WwW NY 1115 17 Medical Practitioners Registration SCHEDULE 2 (continued) CRIMINAL LAW AMENDMENT ACT 1945 1. Section 18(1)(a), (5)(b) and (6A)(b), 'legally qualified'— omit. 2. Section 18(1)(a) and (4) 'specially qualified in psychiatry'— omit, insert— 'registered under the Medical Practitioners Registration Act 2000 as a specialist registrant in the specialty of psychiatry'. 3. Section 18(8), 'some legally qualified'— omit, insert— 6a? a. 4. Section 18(8A), 'Any legally qualified'— omit, insert— FREEDOM OF INFORMATION ACT 1992 1. Section 44(3) and (4), 'qualified'— omit. w ND NA Ff o 1216 Medical Practitioners Registration SCHEDULE 2 (continued) HEALTH ACT 1937 1. Section 5, definition "health practitioner registration Act", 'Medical Act 1939 — omit, insert— 'Medical Practitioners Registration Act 2000'. HEALTH PRACTITIONER REGISTRATION BOARDS (ADMINISTRATION) ACT 1999 1. Schedule, definition "health practitioner registration Act", 'Medical Act 1939 — omit, insert— 'Medical Practitioners Registration Act 2000'. HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999 1. Schedule, definition "chairperson", paragraph (a)— omit. 2. Schedule, definition "health practitioner registration Act", 'Medical Act 1939 — omit, insert— 'Medical Practitioners Registration Act 2000'. nan & Wh 11 13 15 17 19 Medical Practitioners Registration SCHEDULE 2 (continued) 3. Schedule, definition "profession", paragraph (e), 'Medical Act 1939 — omit, insert— 'Medical Practitioners Registration Act 2000'. HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION) ACT 1998 1. Schedule, definition "health registration Act", 'Medical Act 1939— omit, insert— 'Medical Practitioners Registration Act 2000'. HEALTH RIGHTS COMMISSION ACT 1991 1. Schedule 2, item 4— omit, insert— '4, Medical Board of Queensland'. RW Ne 12Medical Practitioners Registration SCHEDULE 2 (continued) HEALTH SERVICES ACT 1991 1 1. Section 63(6), definition "health practitioner registration Act", 2 'Medical Act 1939' — 3 omit, insert— 4 'Medical Practitioners Registration Act 2000'. 5 INDY CAR GRAND PRIX ACT 1990 6 1. Section 23(1), 'Medical Act 1939'— 7 omit, insert— 8 'Medical Practitioners Registration Act 2000'. 9 2. Section 23(2)(b)— 10 omit, insert— 11 '(b) medicine;'. 12 LAW REFORM ACT 1995 13 1. Section 15, definition "medical practitioner"— 14 omit, insert— 15 ' "medical practitioner" includes a person registered under a law of 16 another State that provides for the same matter as the Medical 17 Practitioners Registration Act 2000 or a provision of that Act.'. 18 Medical Practitioners Registration SCHEDULE 2 (continued) MEDICAL ACT AND OTHER ACTS 1 (ADMINISTRATION) ACT 1966 2 1. Title, "the Medical Act 1939,'— 3 omit. 4 2. Section 4(1)(a)— 5 omit. 6 MENTAL HEALTH ACT 1974 7 1. Section 5(1), definition "psychiatrist"— 8 omit, insert— 9 ' "psychiatrist" means a person registered under the Medical Practitioners 10 Registration Act 2000 as a specialist registrant in the specialty of 11 psychiatry.'. 12 2. Section 71(4), 'legally qualified'— 13 omit. 14 3. Schedule 6, section 4(3), 'specialists within the meaning of the 15 Medical Act 1939' — 16 omit, insert— 17 'persons registered as specialist registrants under the Medical 18 Practitioners Registration Act 2000". 19 Medical Practitioners Registration SCHEDULE 2 (continued) PARLIAMENTARY CONTRIBUTORY 1 SUPERANNUATION ACT 1970 2 1. Section 19(1), 'legally qualified'— 3 omit. 4 PETROLEUM ACT 1923 5 1. Section 15(2)(c) and (4), 'legally qualified'— 6 omit. 7 RADIATION SAFETY ACT 1999 8 1. Schedule 2, definition "health practitioner registration Act", 9 'Medical Act 1939' — 10 omit, insert— 11 'Medical Practitioners Registration Act 2000'. 12 Medical Practitioners Registration SCHEDULE 2 (continued) REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT 1962 1. Section 36, 'Medical Act 1939, part 9'— omit, insert— 'Transplantation and Anatomy Act 1979, part 5'. STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 1. Section 112(2)(b), 'legally qualified'— omit. TRANSPLANTATION AND ANATOMY ACT 1979 1. Section 38(2)— omit. 12 Medical Practitioners Registration SCHEDULE 2 (continued) VETERINARY SURGEONS ACT 1936 1. Section 22D(1), 'persons who are registered as medical practitioners under the Medical Act 1939'— omit, insert— 'medical practitioners'. WORKCOVER QUEENSLAND ACT 1996 1. Section 430(2), 'Medical Act 1939, — omit, insert— 'Medical Practitioners Registration Act 2000'. 2. Schedule 3, definition "specialist"— omit, insert— * "specialist" means a person registered as a specialist registrant under the Medical Practitioners Registration Act 2000.'. nan FF WN 11 13 Medical Practitioners Registration SCHEDULE 3 1 DICTIONARY 2 section 8 3 "accepted representations" see section 86(2). 4 "advertise" includes— 5 (a) placing an entry in a directory; and 6 (b) displaying a sign; and 7 (c) using printed stationery. 8 "appellant" see section 237(1). 9 "application fee" see section 42(1)(c)(ii). 10 "appointed member" see section 15(1)(b). 11 "appointed registrant members" see section 15(2)(a). 12 "approved form" means a form approved by the board. 13 "assessment report" see section 48(1). 14 "Australian Medical Council" means the entity by the name of the 15 Australian Medical Council Incorporated, incorporated under the 16 Associations Incorporation Act 1991 (ACT). 17 "authorised person", for part 3, division 3, see section 61(1). 18 "board" means the Medical Board of Queensland. 19 "business name", of a business, means a name or style under which the 20 business is carried on. 21 "certificate of general registration" means a certificate of general 22 registration issued under part 3. 23 "certificate of provisional general registration" means a certificate of 24 provisional general registration issued under section 62(6). 25 "certificate of provisional specialist registration" means a certificate of 26 Medical Practitioners Registration SCHEDULE 3 (continued) provisional specialist registration issued under section 125. "certificate of provisional special purpose registration" means a certificate of provisional special purpose registration issued under part 3, division 10. "certificate of registration" means a certificate of general registration, certificate of provisional general registration, certificate of specialist registration, certificate of provisional specialist registration, certificate of special purpose registration or certificate of provisional special purpose registration. "certificate of specialist registration" means a certificate of specialist registration issued under part 3, division 9. "certificate of special purpose registration" means a certificate of special purpose registration issued under part 3, division 10. "certified copy", of a certificate of registration, means a copy that is certified by the board as being a true copy of the certificate. "chairperson" means the chairperson of the board appointed under section 19(1). "chief health officer" means the chief health officer under the Health Act 1937. "column 1 registration", for part 11, division 2, see section 280. "column 2 registration", for part 11, division 2, see section 280. "commencement", for part 11, division 2, see section 280. "committee" means a committee of the board established under section 33(1). "convicted", of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. "corresponding law" means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided, for the same matter as— (a) a health practitioner registration Act or the Health Practitioners (Professional Standards) Act 1999; or rr O Om YHDN BwWN il oon wn = ee OR Ree na ee \o NY NY N Nu Fe Oo NN Rw NN Hun NN bp ow ny WwW WwW re Oo Medical Practitioners Registration SCHEDULE 3 (continued) (b) a provision of a health practitioner registration Act or the Health Practitioners (Professional Standards) Act 1999. "declaration period", for part 10, division 3, see section 267. "declared event", for part 10, division 3, see section 267. "deputy chairperson" means the deputy chairperson of the board appointed under section 19(1). "document production requirement" see section 228(5). "educational institution" means a university, training institution or professional college engaged in the education of persons in the practice of the profession. "executiveofficer" means the executive officer appointed under the Health Practitioner Registration Boards (Administration) Act 1999. "executive officer", of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer. "facsimile warrant" see section 210(4). "foreign regulatory authority" means— (a) an interstate regulatory authority; or (b) an entity established under a law applying in a foreign country, other than New Zealand, having functions similar to the board's functions under this Act or the Health Practitioners (Professional Standards) Act 1999. "former board", for part 11, division 2, see section 280. "former registrant" means a person who was, but is not currently, registered under part 3. "general registrant" means a person registered, under part 3, as a general registrant, but does not include a provisional general registrant. "general registration" means registration of a person as a general registrant under part 3. oo sa nm & w Ne e ow ee NR RP Ree DAN WwW Ee ee co eo NN NNN aves N NN Hun NYnwu on wn ow Medical Practitioners Registration SCHEDULE 3 (continued) "general registration period"see section 56(1). "health assessment", in relation to a person, includes— (a) a physical, medical, psychiatric or psychological examination or test of the person; and (b) asking questions to assess the person's mental and physical health. "Health Insurance Commission" means the Health Insurance Commission established under the Health Insurance Commission Act 1973 (Cwlth), section 4. "health practitioner registration Act" means any of the following Acts— ¢ this Act * — Chiropractors Registration Act 2000 ¢ — Dental Practitioners Registration Act 2000 ¢« Dental Technicians and Dental Prosthetists Registration Act * Medical Radiation Technologists Registration Act 2000 * Occupational Therapists Registration Act 2000 * Optometrists Registration Act 2000 * Osteopaths Registration Act 2000 ¢ — Pharmacists Registration Act 2000 ¢ Physiotherapists Registration Act 2000 ¢ Podiatrists Registration Act 2000 ¢ — Psychologists Registration Act 2000 ¢ Speech Pathologists Registration Act 2000. "health records", for part 10, division 1, see section 259. "health service" means a service for maintaining, improving or restoring people's health and wellbeing. "impose", a condition, includes change or confirm the condition. oon nn Bw N See ee ww NY Fe So Ree ns NHN N NY NY NY N SFY EF SF nA FW NY KF DO OND Nw Na N o Medical Practitioners Registration SCHEDULE 3 (continued) "information notice", for a decision of the board or an inspector, is a notice stating the following— (a) (b) (c) (d) (e) (f) (g) (h) the decision; the reasons for the decision; that the person to whom the notice is given may appeal against the decision within 28 days; how the person may appeal against the decision to the District Court; if the decision is that a person be registered on conditions, other than probationary conditions— (i) for a general or specialist registration—the review period applying to the conditions; and (11) for conditions imposed because of the person's mental and physical health, the details of which it has been decided under section 59(4) to record in the register—the details that must be recorded in the register for the period for which the conditions are in force; if the decision is that a person be registered on probationary conditions mentioned in section 57(3)(b)— (i) _ the part of the prescribed internship to be completed; and (11) the period in which the part of the prescribed internship is to be completed; if the decision is that a general or specialist registration be renewed or restored on recency of practice conditions, the review period applying to the conditions; if the decision is that a registration be cancelled, a direction to the person— (i) to return the certificate of registration to the board within 14 days after receiving the notice; and (11) for a decision that a specialist registrant's or provisional specialist registrant's general registration be cancelled—to aon Dn fF WY NK 12 141619 22 2427 29 31 Medical Practitioners Registration (i) 0) (k) SCHEDULE 3 (continued) return the certificate of specialist registration or certificate of provisional specialist registration to the board within 14 days after receiving the notice; if the decision is that the conditions imposed on a general or specialist registration be confirmed, the review period applying to the confirmed conditions; if the decision is that the conditions imposed on a general or specialist registration be changed— (i) (ii) (iii) (iv) the review period applying to the changed conditions; and if the conditions were imposed because of the person's mental and physical health and it is decided under section 108(2) that details of the changed conditions must be recorded in the register, the details that must be recorded in the register for the period for which the changed conditions are in force; and a direction to the person to return the certificate of registration to the board within 14 days after receiving the notice; for a decision that conditions on a specialist registrant's general registration be changed—a direction to the person to return the certificate of specialist registration to the board within 14 days after receiving the notice; if the decision is to refuse to renew, or to cancel, accreditation of a program, a direction to the holder of the accreditation certificate for the program to return the certificate to the board within 14 days after receiving the notice. "inspector" means a person who is appointed as an inspector under section 201. "intern" means conditions. a person registered as a general registrant on internship "internship", for the profession, means a program of practical experience and training in the practice of the profession. aon Hnnst WwW NR 111315 172022 24 26 28 30 32 Medical Practitioners Registration SCHEDULE 3 (continued) "internship conditions" means conditions mentioned in section 57(3) and includes those conditions extended under section 94(1)(b)(1i). "internship report", for a general registrant registered on internship conditions, means a report— (a) providing an assessment of the registrant's competence to practise the profession as demonstrated while undertaking an internship; and (b) in the approved form. "intern training program" means a program that provides a 1 year internship. "intern training secondment program" means a program that provides part of an internship. "interstate law", for part 10, division 3, see section 267. "interstate regulatory authority" means an entity established under the law of another State or New Zealand having functions similar to the board's functions under this Act or the Health Practitioners (Professional Standards) Act 1999. "item", for part 11, division 2, see section 280. "legislative scheme" see section 4. "local practitioner", for part 10, division 3, see section 267. "medical condition" includes substance abuse or dependence. "medical practitioner" means a person registered under this Act. "member" means a member of the board. "notice" means written notice. "occupier", of a place, includes a person who reasonably appears to be an occupier, or in charge, of the place. "office" means the Office of Health Practitioner Registration Boards under the Health Practitioner Registration Boards (Administration) Act 1999. "original decision" see section 237(1). Co IDNW BW NE 12 1517 19212326 28Medical Practitioners Registration SCHEDULE 3 (continued) "participant", for part 10, division 3, see section 267. "personal details requirement" see section 226(5). "place" includes premises, vacant land and a vehicle. "place of seizure" see section 217. "possess", a health record, for part 10, division 1, see section 259. "premises" includes— (a) a building or other structure; and (b) apart of a building or other structure; and (c) land where a building or other structure is situated. "prepare", for part 10, division 3, see section 267. "probationary conditions" means internship conditions or supervised practice program conditions. "profession" means the medical profession. "professional service" means a medical service, including a specialist medical service. "program", for part 5, see section 178. "provisional general registrant" means a person registered, under section 62, as a provisional general registrant. "provisional general registration" means registration of a person as a provisional general registrant under section 62. "provisional specialist registrant" means a person registered, under section 125, as a provisional specialist registrant. "provisional specialist registration" means registration of a person as a provisional specialist registrant under section 125. "provisional special purpose registrant" means a person registered, under part 3, division 10, as a provisional special purpose registrant. "provisional special purpose registration" means registration of a person as a provisional special purpose registrant under part 3, division 10. "public members" see section 15(2)(b). Oo Om ANYN Dn FW NY e Oo ee NR = w Ree ns e a Lion' on Ne cow NN Ne NN Rw NN Hun N NX 29 Medical Practitioners Registration SCHEDULE 3 (continued) "public place" means a place that the public is entitled to use, is open to the public or is used by the public (whether or not on payment of money). "recency of practice conditions" see section 76(2). "recency of practice requirements" see section 70. "register" means the register kept under section 254. "registrant" means a person registered under part 3. "registrant member" means the chief health officer or an appointed registrant member. "registration" means registration under part 3. "registration fee" see section 42(1)(c)(ii). "renewable registration" means a general registration, special purpose registration or specialist registration. "repealed Act" means the Medical Act 1939. "restoration fee" see section 80(1)(b)(i). "restricted specialist title", for a specialty, means a title that consists of or includes words prescribed under a regulation for the specialty. "restricted title" means a title that consists of, or includes, the words "medical practitioner'. "review period", applying to conditions imposed by the board or the District Court on a general registration or specialist registration, means the period, not more than 3 years after the decision to impose the conditions takes effect, within which the registrant may not apply for a review of the conditions under part 3. "service agreement" means an agreement made under the Health Practitioner Registration Boards (Administration) Act 1999, between the executive officer and the board, for the provision of administrative and operational support by the office to the board. "show cause notice" means— (a) for part 3, division 6—see section 85(1); (b) for part 5, division 4—see section 191(1). CMI DWN BF WwW NY e Oo ee NR ee KR Ww eR num Lion' on NNNNS WNrFrR oOo N NO wpohd NaW ww NY N CoO hw Medical Practitioners Registration SCHEDULE 3 (continued) "show cause period" means— (a) for part 3, division 6—see section 85(2)(d); (b) for part 5, division 4—see section 191(2)(d). "specialist application fee" see section 110(1)(c)(i1). "specialist registrant" means a person registered, under part 3, division 9, as a specialist registrant. "specialist registration" means registration of a person as a specialist registrant under part 3, division 9. "specialist registration fee" see section 110(1)(c)(ii). "special purpose registrant" means a person registered, under part 3, division 8, as a special purpose registrant, but does not include a provisional special purpose registrant. "special purpose registration" means registration of a person as a special purpose registrant under part 3, division 10. "specialty" means a branch of medicine prescribed under a regulation to be a specialty. "supervised practice program", for a person, means a program that— (a) provides the person experience in the practice of the profession in a professional practice setting; and (b) is supervised by a registrant. "supervised practice program conditions" means conditions mentioned in section 58(3) and includes those conditions extended under section 94(1)(b)(ii). "supervised practice program report", for a general registrant registered on supervised practice program conditions, means a report— (a) providing an assessment of the registrant's competence to practise the profession, as demonstrated while undertaking the program approved by the board for the registrant; and (b) in the approved form. aon nm WwW N 1114 16 19 2225 27Medical Practitioners Registration SCHEDULE 3 (continued) "tribunal" means the Health Practitioners Tribunal established under the Health Practitioners (Professional Standards) Act 1999, section 26. "user", of a registrant's services, includes a person who used the services. "visiting practitioner", for part 10, division 3, see section 267. "warrant form" see section 210(5)(b). © State of Queensland 2000 RH vn fF Ww Ne