Medical Practitioners Act 2008

 

Medical Practitioners Act 2008

(No. 22 of 2008)

CONTENTS

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Objects of Act2

4.Terms used in this Act2

5.Application6

Part 2 — Medical Board and committees

Division 1 — The Board

6.Board established7

7.Membership of Board7

8.Presiding member and deputy presiding member8

9.Constitution and proceedings8

10.Remuneration8

Division 2 — Functions and powers

11.Functions of Board8

12.Powers9

13.Delegation by Board9

Division 3 — Relationship of Board with Minister

14.Directions by Minister10

15.Minister to have access to information11

Division 4 — Committees

16.Committees12

17.Provisions relating to committees12

Division 5 — Registrar and other staff

18.Registrar13

19.Other staff14

20.Use of other government staff etc.14

Division 6 — General

21.Duty not to make improper use of information14

22.Meetings15

23.Execution of documents by Board15

24.Recovery of penalties, costs and expenses required to be paid to the Board16

Part 3 — Finance and reports

25.Funds of the Board17

26.Accounts17

27.Audit18

28.Annual report and other reports18

Part 4 — Registration of medical practitioners

Division 1 — Registration

29.Natural persons may be registered20

30.General registration20

31.Conditional registration for internship or supervised clinical practice22

32.Provisional registration22

33.Conditional registration for general practice in remote and rural WA23

34.Special purpose conditional registration25

35.Non‑practising registration27

36.Voluntary change in registration27

37.Specialties to be prescribed28

38.Registration of specialists28

39.Review of condition imposed under section 30(5), 33(6), 34(4) or 38(6)31

40.Professional indemnity insurance31

41.Application32

42.Board may request consent to undertake a criminal record check34

43.Criminal record check34

44.Effect of registration35

45.Duration of registration35

46.Renewal of registration36

47.Application for registration by a person whose registration has been cancelled under section 116(1)(k)37

Division 2 — The register

48.The register37

49.Inspection of register39

50.Certificate of registration39

51.Replacement of certificate of registration40

52.Voluntary removal from register40

53.Amendment of particulars41

54.Removal of names in certain circumstances41

55.Removal of names of deceased persons41

56.Suspension or cancellation of registration in another State or a Territory41

57.Effect of removal of name from register42

Division 3 — Notifications to Board

58.Change of address42

59.Loss of qualifications43

60.Insolvency43

61.Civil or criminal proceedings43

62.Information about professional indemnity insurance44

63.Notification of cancellation or suspension of registration elsewhere45

64.Notification of condition imposed on registration elsewhere45

Division 4 — Defence force medical officer

65.Medical officer of a defence force of the Commonwealth46

66.Medical officer of visiting forces46

Part 5 — Interstate practitioners

Division 1 — Preliminary

67.Terms used in this Part49

Division 2 — Practice by an interstate practitioner

68.Persons who are to be taken to be registered under section 30 or 3849

69.Practising in this State50

70.Interstate practitioner not to be taken to be registered in some circumstances51

71.Effect of suspension under this Act51

Division 3 — Complaints about interstate practitioners

72.Referral of complaint to regulatory authority in another State or a Territory52

73.Dealing with matters referred by a regulatory authority in another State or a Territory53

Division 4 — Miscellaneous

74.Interstate practitioner disqualified in another State or a Territory53

75.Interstate certificate53

Part 6 — Disciplinary, competency and impairment matters

Division 1 — Preliminary

76.Disciplinary matters54

77.Competency matters55

78.Impairment matters55

Division 2 — Committees

79.Complaints assessment committee55

80.Professional standards committee56

81.Impairment review committee57

82.Panel58

Division 3 — Complaints

83.Complaints59

84.Action by complaints assessment committee61

85.Complaints assessment committee to determine action required61

86.Role of Board63

Division 4 — Summary orders of Board

87.Interim orders by Board63

88.Complaint dealt with summarily to be referred to the State Administrative Tribunal65

Division 5 — Disciplinary matters

89.Action by Board65

90.Investigator66

91.Report of investigator66

92.Powers of investigator67

93.Warrant to enter premises70

94.Issue of warrant71

95.Execution of warrant72

96.Role of professional standards committee72

97.Role of Board74

Division 6 — Impairment matters

98.Request by medical practitioner for imposition of condition75

99.Revocation of condition76

100.Action by Board76

101.Medical examination of medical practitioner77

102.Role of the impairment review committee78

103.Role of Board80

Division 7 — Competency matters

104.Action by Board81

105.Assessment of medical practitioner82

106.Assessor83

107.Powers of assessor83

108.Role of the professional standards committee86

109.Role of Board87

Division 8 — Conciliation

110.Conciliation process88

111.Action if conciliation fails90

Division 9 — Medical students

112.Impaired ability to participate in a clinical activity90

113.Referral to impairment review committee91

114.Revocation of prohibition92

Division 10 — Role of the State Administrative Tribunal

115.Constitution of State Administrative Tribunal93

116.Powers of the State Administrative Tribunal in relation to a disciplinary matter94

117.Powers of the State Administrative Tribunal in relation to an impairment matter95

118.Powers of the State Administrative Tribunal in relation to a competency matter96

119.Powers of the State Administrative Tribunal in relation to a medical student96

120.Ancillary powers of the State Administrative Tribunal97

Division 11 — Miscellaneous

121.Release of information: Board, professional standards committee and impairment review committee97

122.Suspension98

123.Costs99

Part 7 — Offences

124.Persons who may practise medicine100

125.Persons who may be employed or engaged to practise medicine100

126.Exceptions to sections 124 and 125101

127.Use of title “medical practitioner” or a title of a specialist, or pretending to be registered101

128.Medical services provided by a person registered elsewhere102

129.Medical practitioners to arrange consultation in certain cases102

130.Restriction on administration of anaesthetics in certain cases103

131.Offences related to advertising medical services103

132.Failure to comply with an order or requirement of the Board104

133.False or misleading information105

134.Confidentiality105

135.Offences in relation to assessment or investigation106

136.Obstruction of assessor or investigator107

137.Impersonating an investigator or assessor107

138.Information relating to certain business structures108

139.Undue influence108

140.Payment, or acceptance of payment, for referrals prohibited109

141.Persons may be prohibited from supplying health services etc.109

142.Assistance to execute a warrant111

143.Surrender of certificate111

144.Incriminating information, questions or documents112

145.Legal professional privilege112

Part 8 — Codes of practice, rules, regulations and forms

146.Codes of practice114

147.Rules116

148.Regulations116

149.Forms118

Part 9 — Miscellaneous

150.Protection119

151.Notice of decision to be given119

152.Review120

153.Publication of proceedings etc.121

154.Furnishing information122

155.Legal proceedings123

156.Liability of certain officers of body corporate: offences124

157.Confidentiality of certain reports125

158.Assessment and medical report125

159.Review of Act126

160.Repeals126

161.Savings and transitional provisions127

162.Consequential amendments127

Schedule 1 — Constitution and proceedings of the Board

Division 1 — General provisions

1.Term of office128

2.Functions of deputy presiding member128

3.Deputy members128

4.Vacation of office by member129

5.General procedure concerning meetings130

6.Voting130

7.Holding meetings remotely131

8.Resolution without meeting131

9.Minutes131

Division 2 — Disclosure of interests etc.

10.Meaning of “member”131

11.Disclosure of interests131

12.Exclusion of interested member132

13.Board or committee may resolve that clause 12 inapplicable132

14.Quorum where clause 12 applies132

15.Minister may declare clauses 12 and 14 inapplicable132

Schedule 2  Savings and transitional provisions

1.Terms used in this Schedule133

2.Interpretation Act 1984 not affected133

3.The Medical Board continues133

4.Board members134

5.The registrar and other staff134

6.Natural persons registered under the repealed Act134

7.Provisional registration136

8.Certificates of registration issued under the repealed Act136

9.Suspensions137

10.Undertakings under the repealed Act137

11.Matter referred to the professional standards committee under section 13 of the repealed Act137

12.Investigations137

13.Failure to comply with an order made under the repealed Act137

14.Medical call services138

15.Annual report for part of a year138

16.Powers in relation to transitional provision138

Schedule 3 — Consequential amendments

1.Adoption Act 1994 amended140

2.Alcohol and Drug Authority Act 1974 amended140

3.Anatomy Act 1930 amended140

4.Bail Act 1982 amended141

5.Births, Deaths and Marriages Registration Act 1998 amended141

6.Blood Donation (Limitation of Liability) Act 1985 amended141

7.Chiropractors Act 2005 amended142

8.Civil Liability Act 2002 amended142

9.Constitution Acts Amendment Act 1899 amended142

10.Coroners Act 1996 amended143

11.Corruption and Crime Commission Act 2003 amended143

12.Court Security and Custodial Services Act 1999 amended144

13.Cremation Act 1929 amended144

14.Criminal Injuries Compensation Act 2003 amended144

15.Criminal Investigation (Identifying People) Act 2002 amended145

16.Criminal Investigation Act 2006 amended145

17.Criminal Property Confiscation Act 2000 amended145

18.Dental Act 1939 amended146

19.Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 amended146

20.Firearms Act 1973 amended146

21.Gender Reassignment Act 2000 amended146

22.Guardianship and Administration Act 1990 amended147

23.Health Act 1911 amended147

24.Health Legislation Administration Act 1984 amended148

25.Health Professionals (Special Events Exemption) Act 2000 amended148

26.Health Services (Conciliation and Review) Act 1995 amended148

27.Hospitals and Health Services Act 1927 amended149

28.Human Reproductive Technology Act 1991 amended149

29.Human Tissue and Transplant Act 1982 amended150

30.Industrial Relations Act 1979 amended150

31.Juries Act 1957 amended150

32.Magistrates Court Act 2004 amended151

33.Medical Radiation Technologists Act 2006 amended151

34.Mental Health Act 1996 amended151

35.Miner’s Phthisis Act 1922 amended152

36.Minimum Conditions of Employment Act 1993 amended152

37.Misuse of Drugs Act 1981 amended153

38.Nurses and Midwives Act 2006 amended153

39.Oaths, Affidavits and Statutory Declarations Act 2005 amended153

40.Occupational Therapists Act 2005 amended153

41.Optometrists Act 2005 amended154

42.Osteopaths Act 2005 amended154

43.Pharmacy Act 1964 amended154

44.Physiotherapists Act 2005 amended154

45.Podiatrists Act 2005 amended155

46.Poisons Act 1964 amended155

47.Prisons Act 1981 amended155

48.Prostitution Act 2000 amended156

49.Psychologists Act 2005 amended156

50.Queen Elizabeth II Medical Centre Act 1966 amended156

51.Road Traffic Act 1974 amended157

52.Sentencing Act 1995 amended157

53.State Administrative Tribunal Act 2004 amended157

54.Workers’ Compensation and Injury Management Act 1981 amended158

55.Young Offenders Act 1994 amended158

Defined Terms

Medical Practitioners Act 2008

No. 22 of 2008

An Act to —

·provide for the regulation of the practice of medicine and registration of persons as medical practitioners; and

·repeal the Medical Act 1894; and

·make consequential amendments to various Acts,

and for related purposes.

 

[Assented to 27 May 2008]

 

The Parliament of Western Australia enacts as follows:

 

Part 1  Preliminary

1.Short title

This is the Medical Practitioners Act 2008.

2.Commencement

(1)This Act comes into operation on a day fixed by proclamation.

(2)Different days may be fixed for different provisions.

Note:Under the Interpretation Act 1984 section 22, this section and section 1 come into operation on the day on which this Act receives the Royal Assent.

3.Objects of Act

The objects of this Act are —

(a)to ensure that only properly qualified and competent persons practise medicine and to regulate the practice of medicine by those persons; and

(b)to establish, maintain and promote suitable standards of knowledge and skills among medical practitioners,

for the purpose of protecting consumers of medical services provided by medical practitioners in Western Australia.

4.Terms used in this Act

In this Act, unless the contrary intention appears —

approved means approved by the Board in writing;

assessor means a person or persons appointed under section 106;

Board means the Medical Board of Western Australia established by section 6;

certificate of registration means a certificate of registration issued under section 50;

committee means a committee established by the Board under this Act;

competency matter means a matter referred to in section 77;

complainant means a person who lodges a complaint under section 83(1) or (2);

complaint means —

(a)a complaint lodged under section 83(1) or (2); and

(b)a matter the Board has determined under section 83(3) to deal with as if it were the subject of a complaint; and

(c)a matter referred to the impairment review committee under section 98(3); and

(d)a complaint referred to the Board by the Director under the Health Services (Conciliation and Review) Act 1995 section 31 or 43(3);

complaints assessment committee means the committee established under section 79;

condition includes restriction;

Corporations Act means the Corporations Act 2001 of the Commonwealth;

corresponding law means a law of another State or a Territory —

(a)that provides for the registration of medical practitioners; and

(b)is prescribed by the regulations to be a corresponding law for the purposes of this Act;

criminal record check means a document issued by the Australian Federal Police or another body or agency approved by the Board that sets out the criminal convictions of an individual for offences under the law of Western Australia, the Commonwealth, another State or a Territory;

defence force medical officer means a person taken to be registered under section 65(1) or 66(2);

Director means the Director of the Office of Health Review under the Health Services (Conciliation and Review) Act 1995;

disciplinary matter means a matter referred to in section 76(1);

document includes any tape, disc or other device or medium on which information is recorded or stored;

impairment means —

(a)mental disability; or

(b)injury; or

(c)physical illness;

impairment matter means a matter referred to in section 78;

impairment review committee means the committee established under section 81;

interstate practitioner means a person taken under section 68 to be registered under section 30 or 38;

investigator means a person appointed under section 90(1);

medical practitioner means a person who is registered;

medical student means a person enrolled in a course of medical study at a medical school in this State accredited by the Australian Medical Council;

medicine includes surgery;

member of the Board includes a person acting under Schedule 1 clause 3;

officer, in relation to a body corporate, has the meaning given to “officer of a corporation” in the Corporations Act section 9 but does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate;

presiding member means the presiding member of the Board referred to in section 8;

professional standards committee means the committee established under section 80;

register means the register referred to in section 48;

registered means registered by the Board under this Act;

registrar means the person engaged or employed to be the registrar under section 18;

registration includes renewal of registration;

regulatory authority —

(a)in relation to this State, means the Board or the State Administrative Tribunal; and

(b)in relation to another State or a Territory, means a person or body whose functions under a corresponding law of that State or Territory correspond closely to the functions of the Board or the State Administrative Tribunal under this Act;

respondent means a person the subject of a complaint;

sexual misconduct means —

(a)sexual intercourse or other forms of physical sexual relations between a medical practitioner and a patient; or

(b)touching of a sexual nature, of a patient by a medical practitioner; or

(c)behaviour or remarks of a sexual nature by a medical practitioner towards a patient;

specialist means a person who is registered under section 38;

speciality means a branch of medicine prescribed under section 37(1) to be a specialty.

5.Application

(1)This Act, does not apply to, or in respect of, or in any way affect the practice of a person’s profession as —

(a)a chiropractor registered under the Chiropractors Act 2005; or

(b)a dentist registered under the Dental Act 1939; or

(c)a dental prosthetist registered under the Dental Prosthetists Act 1985; or

(d)a medical radiation technologist registered under the Medical Radiation Technologists Act 2006; or

(e)an enrolled, nurse practitioner, registered nurse or midwife registered under the Nurses and Midwives Act 2006; or

(f)an occupational therapist registered under the Occupational Therapists Act 2005; or

(g)an optometrist registered under the Optometrists Act 2005; or

(h)an osteopath registered under the Osteopaths Act 2005; or

(i)a physiotherapist registered under the Physiotherapists Act 2005; or

(j)a podiatrist registered under the Podiatrists Registration Act 2005; or

(k)a psychologist registered under the Psychologists Act 2005.

(2)A reference in subsection (1) to an Act (the new Act) that will replace another Act (the old Act) is to be taken to be a reference to the old Act until the old Act is repealed by the new Act.

Part 2 — Medical Board and committees

Division 1 — The Board

6.Board established

(1)A body called the Medical Board of Western Australia is established.

(2)The Board —

(a)is a body corporate; and

(b)has perpetual succession and a common seal; and

(c)may sue and be sued in its corporate name.

(3)The Board does not represent, and is not an agent of, the Crown.

7.Membership of Board

(1)In this section —

medical practitioner does not include an interstate practitioner or a defence force medical officer.

(2)The Board consists of 12 members appointed by the Minister, of whom —

(a)6 are to be medical practitioners; and

(b)one is to be a medical practitioner who is a member of the full‑time academic staff of a university in this State with a medical school accredited by the Australian Medical Council; and

(c)one is to be a person nominated by the chief executive officer who is —

(i)a medical practitioner; and

(ii)a public service officer, as defined in the Public Sector Management Act 1994 section 3(1), or employed on the salaried staff of a public authority, as defined in the Industrial Relations Act 1979 section 7(1);

and

(d)one is to be the chief executive officer of the department principally assisting the Minister in the administration of the Consumer Affairs Act 1971 or an officer of the Public Service of the State nominated by that chief executive officer; and

(e)2 are to be persons who have knowledge of and experience in representing the interests of consumers; and

(f)one is to be a legal practitioner as defined in the Legal Practice Act 2003 section 3.

(3)Each member of the Board is to be a natural person.

8.Presiding member and deputy presiding member

The presiding member and the deputy presiding member of the Board are to be elected by the Board from amongst its members.

9.Constitution and proceedings

Schedule 1 has effect with respect to the constitution and proceedings of the Board.

10.Remuneration

A member of the Board, or of a committee, is to be paid such remuneration and allowances (if any) as the Minister, on the recommendation of the Minister for Public Sector Management, determines from time to time.

Division 2 — Functions and powers

11.Functions of Board

The functions of the Board are as follows —

(a)to advise the Minister on matters to which this Act applies;

(b)to administer the scheme of registration under Part 4;

(c)to perform functions in relation to disciplinary, competency and impairment matters under Part 6;

(d)to support and promote public education in relation to the practice of medicine and the rights and duties of medical practitioners;

(e)to monitor and support the development of standards for the registration of medical practitioners and the assessment of qualifications for registration under this Act;

(f)to promote and encourage —

(i)the continuing education of medical practitioners in the practice of medicine; and

(ii)increased levels of skill, knowledge and competence in the practice of medicine;

(g)to perform other functions that are conferred on the Board under this Act or any other Act.

12.Powers

The Board has all the powers it needs to perform its functions.

13.Delegation by Board

(1)The Board may delegate any power or duty of the Board under another provision of this Act, other than those referred to in the Table to this subsection, to —

(a)a member of the Board; or

(b)a committee; or

(c)a member of a committee.

Table

s. 30

s. 38

s. 86

s. 99

s. 31

s. 39

s. 87

s. 103

s. 33

s. 46

s. 97

s. 109

s. 34

s. 47

s. 98

 

(2)The delegation must be in writing executed by the Board.

(3)A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(4)A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5)Nothing in this section limits the ability of the Board to perform a function through the registrar or any other member of staff or an agent.

Division 3 — Relationship of Board with Minister

14.Directions by Minister

(1)Subject to subsection (2), the Minister may, after consulting with the Board, give directions in writing to the Board with respect to the performance of its functions either generally or in relation to a particular matter, and the Board is to give effect to any such direction.

(2)The Minister must not under subsection (1) direct the Board with respect to the performance of its functions in respect of —

(a)a particular person; or

(b)a particular qualification; or

(c)a particular application, complaint or proceeding.

(3)The text of a direction given under subsection (1) must be —

(a)laid before each House of Parliament within 14 sitting days of that House after the direction is given; and

(b)included in the annual report submitted by the Board under section 28(1).

15.Minister to have access to information

(1)In this section —

information means information specified, or of a description specified, by the Minister that relates to the functions of the Board.

(2)The Minister is entitled —

(a)to have information in the possession of the Board; and

(b)if the information is in or on a document, to have, and make and retain copies of, that document.

(3)For the purposes of subsection (2) the Minister may —

(a)request the Board to furnish information to the Minister; or

(b)request the Board to give the Minister access to information; or

(c)for the purpose of paragraph (b), make use of the staff of the Board to obtain the information and furnish it to the Minister.

(4)The Board is to comply with a request under subsection (3) and make its staff and facilities available to the Minister for the purposes of subsection (3)(c).

(5)The Minister is not entitled to have information under this section in a form that —

(a)discloses the identity of a person involved in a particular application, complaint, investigation or other proceeding; or

(b)might enable the identity of any such person to be ascertained,

unless that person has consented to the disclosure.

Division 4 — Committees

16.Committees

(1)In addition to the complaints assessment committee, the professional standards committee and the impairment review committee, the Board may from time to time establish any other committee.

(2)The Board may —

(a)determine the functions, membership and constitution; and

(b)appoint such members and other persons as it thinks fit to be members; and

(c)give directions with respect to the functions and procedures,

of a committee established under this section.

(3)A committee is to comply with a direction given to it under subsection (2)(c).

(4)At the request of the Board, a committee established under this section is to report on the performance of its functions to the Board, in accordance with the Board’s request.

17.Provisions relating to committees

(1)Each member of a committee is to be a natural person.

(2)The Board may remove a person from membership of a committee and may reconstitute or discharge a committee established by the Board.

(3)A committee is to ensure that an accurate record is kept and preserved of the proceedings of each meeting of the committee and of each resolution passed by the committee.

(4)Subject to this Act, a committee may determine its own procedures.

(5)A person with special knowledge or experience may be invited to act in an advisory capacity to a committee if the committee is of the opinion that the person will assist the committee in the performance of its functions and the Board has approved the invitation.

Division 5 — Registrar and other staff

18.Registrar

(1)The Board is to engage or employ a person to be the registrar.

(2)The registrar has the functions that are conferred by this Act or that the Board directs the registrar to perform.

(3)The registrar may delegate to a person engaged or employed by the Board any power or duty of the registrar under another provision of this Act.

(4)The delegation must be in writing executed by the registrar.

(5)A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(6)A delegate exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(7)The registrar is not to be employed under the Public Sector Management Act 1994 Part 3.

19.Other staff

(1)The Board may engage or employ persons to provide such professional, technical or other assistance that the Board considers necessary to enable it or a committee to perform its functions.

(2)A person referred to in subsection (1) is not to be employed under the Public Sector Management Act 1994 Part 3.

20.Use of other government staff etc.

(1)The Board may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee —

(a)in the Public Service; or

(b)in a State agency or instrumentality; or

(c)otherwise in the service of the Crown in right of the State.

(2)The Board may by arrangement with —

(a)a department of the Public Service; or

(b)a State agency or instrumentality,

make use of any facilities of the department, agency or instrumentality.

(3)An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties.

Division 6 — General

21.Duty not to make improper use of information

A member or former member of the Board, a member or former member of a committee or a person referred to in section 17(5) must not, whether within or outside the State, make improper use of information acquired by virtue of that position to gain, directly or indirectly, an advantage for himself or herself or for any other person.

Penalty: a fine of $5 000.

22.Meetings

(1)Subject to this section, a meeting of the Board is to be closed to members of the public.

(2)Despite subsection (1), the Board may, of its own initiative or on the application of any person, order that in any particular case a meeting, or part of a meeting, of the Board is open to members of the public.

23.Execution of documents by Board

(1)The Board is to have a common seal.

(2)A document is duly executed by the Board, if —

(a)the common seal of the Board is affixed to it in accordance with subsections (3) and (4); or

(b)it is signed on behalf of the Board by a person or persons authorised by the Board to do so under subsection (5).

(3)The common seal of the Board is not to be affixed to any document except as authorised by the Board.

(4)The common seal of the Board is to be affixed to a document in the presence of 2 members of the Board and each of them is to sign the document to attest that the common seal was so affixed.

(5)The Board may, by writing under its seal, authorise —

(a)a member or members of the Board; or

(b)a member or members of staff,

to sign documents on behalf of the Board, either generally or subject to such conditions as are specified in the authorisation.

(6)A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.

(7)When a document is produced bearing a seal purporting to be the common seal of the Board, it is to be presumed that the seal is the common seal of the Board until the contrary is shown.

24.Recovery of penalties, costs and expenses required to be paid to the Board

A penalty or any costs or expenses required to be paid to the Board under this Act is recoverable by the Board in a court of competent jurisdiction as a debt due to the Board.

Part 3  Finance and reports

25.Funds of the Board

(1)The funds of the Board consist of —

(a)fees received by the Board; and

(b)grants (if any) by the State, and all gifts and donations made to the Board, but subject to any trusts declared in relation to the grants, gifts or donations; and

(c)penalties, costs and expenses received under section 24 or required to be paid under section 123; and

(d)other money or property lawfully received by the Board in connection with the performance of its functions.

(2)The funds of the Board may be applied —

(a)for the purposes of the administration and enforcement of this Act, including the remuneration of members of the Board and committees and of the registrar and other persons engaged or employed by the Board; and

(b)for the payment of examinations and reports in accordance with section 101(4); and

(c)for the furtherance of education, including public education, and research in relation to the practice of medicine; and

(d)by way of contribution to the Australian Medical Council and other professional bodies for medical practitioners for the development by that Council or body of professional standards; and

(e)for any other purpose that the Board may recommend and the Minister may approve to enable the Board to perform its functions.

26.Accounts

(1)The Board is to cause to be kept proper accounts and records of the transactions and affairs of the Board and is to prepare financial statements in accordance with Australian Accounting Standards.

(2)The financial statements are to be prepared on an accrual basis unless the Board determines otherwise.

27.Audit

The accounts and financial statements of the Board are to be audited at least once a year, at the expense of the Board, by the Auditor General.

28.Annual report and other reports

(1)The Board, not later than 30 September in each year, is to make and submit to the Minister an annual report of its proceedings for the preceding year ending on 30 June together with a copy of its financial statements for that year and the auditor’s report on those statements.

(2)The Board’s annual report is to include details of —

(a)the number, nature and outcome of —

(i)complaints made, taken to be made or referred under this Act during the year to which the report relates; and

(ii)investigations and proceedings undertaken under this Act during the year to which the report relates; and

(iii)matters that have been brought before the State Administrative Tribunal by the Board during the year to which the report relates;

and

(b)the number and nature of matters referred to in paragraph (a) that are outstanding; and

(c)the text of a direction given to the Board under section 14(1) or 146(4); and

(d)any reasons given to the Board by the Minister under section 146(5); and

(e)any trends or special problems that may have emerged; and

(f)forecasts of the workload of the Board in the year after the year to which the report relates; and

(g)any proposals for improving the operation of the Board.

(3)The Minister is to cause a copy of the Board’s annual report and financial statements and of the auditor’s report submitted under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after receipt of the report by the Minister.

(4)Within 30 days after the end of the months of March, June, September and December the Board is to prepare a report containing the following information for the preceding 3 months —

(a)the number, nature and outcome of complaints;

(b)the number and nature of matters referred to in paragraph (a) that are outstanding;

(c)the major items of business discussed by the Board or a committee;

(d)the resolutions passed by the Board or a committee.

(5)The Board is to ensure that, after subsections (3) and (4) have been complied with, copies of the reports and statements referred to in those subsections are available on request for inspection at its principal place of business.

(6)If a direction is in force under section 121(1), any matter that must not be published under that direction must not be disclosed in a report under subsection (2) or (4).

Part 4 — Registration of medical practitioners

Division 1 — Registration

29.Natural persons may be registered

Registration under this Act may be granted only to a natural person.

30.General registration

(1)The Board is to register an applicant as a medical practitioner if satisfied that the applicant has —

(a)complied with the requirements of subsection (2); and

(b)paid the registration fee, if any, prescribed by the regulations.

(2)The requirements for registration are that the applicant —

(a)is a fit and proper person to be registered as a medical practitioner; and

(b)has not been convicted of an offence the nature of which renders the person unfit to practise medicine; and

(c)is competent to practise medicine (that is, the person has sufficient physical capacity, mental capacity and skill to practise medicine); and

(d)has a sound knowledge of the English language and possesses sufficient skill in the expression of that language, both written and oral, for the practice of medicine; and

(e)has a recognised medical qualification; and

(f)has successfully completed a period of internship or supervised clinical practice approved by the Board in writing or prescribed by the rules.

(3)For the purposes of subsection (2)(e) a person has a recognised medical qualification if the person —

(a)is a graduate of a medical school accredited by the Australian Medical Council; or

(b)has successfully completed examinations held by that Council for the purposes of registration as a medical practitioner; or

(c)is certified by that Council as having a qualification that is substantially equivalent to a qualification referred to in paragraph (a) or has successfully completed examinations that are substantially equivalent to those referred to in paragraph (b); or

(d)has been certified by the Council as having skills, knowledge and training of a standard suitable for registration.

(4)The entitlement to registration of a person referred to in subsection (1) is an entitlement to general registration.

(5)The Board may, by written notice to a medical practitioner, impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of medicine by the medical practitioner.

(6)A condition imposed under subsection (5) may apply indefinitely or for a period of time specified by the Board in the written notice.

(7)Subject to section 39, the Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.

31.Conditional registration for internship or supervised clinical practice

(1)The Board may grant a person conditional registration as a medical practitioner if the Board is satisfied that the person —

(a)meets the requirement of section 30(2)(a), (b), (c), (d) and (e) but does not meet the requirements of section 30(2)(f); and

(b)has paid the registration fee, if any, prescribed by the regulations.

(2)The Board may grant a person conditional registration as a medical practitioner if the Board is satisfied that the person —

(a)meets the requirements of section 38(3)(a), (b), (c), (d) and (e) but does not meet the requirement of section 38(3)(f); and

(b)has paid the registration fee, if any, prescribed by the regulations.

(3)The Board may impose such conditions on registration under subsection (1) or (2) as the Board reasonably requires for the purpose of enabling the person to complete a period of internship or supervised clinical practice and specifies by written notice given to the person.

(4)The Board may at any time cancel a conditional registration under this section.

(5)The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.

32.Provisional registration

(1)The registrar or any member of the Board may register an applicant provisionally under section 30, 31, 34 or 38 if satisfied that —

(a)the applicant has applied to be registered under section 30, 31, 34 or 38; and

(b)the requisite evidence is likely to be produced to enable the Board to be satisfied as to the matters set out in section 30(2), 31(1)(a), 34(2)(a) or 38(2), (3) or (4), as the case requires; and

(c)that the applicant has paid the registration fee, if any, prescribed by the regulations.

(2)Provisional registration has effect for a period of 3 months beginning on the day on which it is granted unless earlier cancelled.

(3)The Board may, by written notice given to a medical practitioner, impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of medicine by the medical practitioner.

(4)If the Board, before the period referred to in subsection (2) expires, has reason to believe that a person granted provisional registration is not entitled to be registered as a medical practitioner under section 30, 31 or 34 or as a specialist under section 38, the Board may, without prejudice to the person’s application to be registered, cancel the person’s provisional registration.

33.Conditional registration for general practice in remote and rural WA

(1)In this section —

practise as a general practitioner means practise as a medical practitioner engaged in primary, continuing, comprehensive, whole‑patient care of individuals, families and their community;

remote and rural WA means any part of the State outside the metropolitan region, as defined in the Planning and Development Act 2005 section 4(1), determined by the Minister to be remote and rural WA for the purposes of this section.

(2)The Board is to register an applicant as a medical practitioner if satisfied that the applicant has —

(a)complied with the requirements of subsection (3); and

(b)paid the registration fee, if any, prescribed by the regulations.

(3)The requirements for registration are that the applicant —

(a)meets the requirements of section 30(2)(a), (b) and (d); and

(b)is competent, having regard to the person’s qualifications and experience, to practise as a general practitioner in this State; and

(c)has qualifications and experience in general practice obtained outside Australia.

(4)Registration under this section is subject to the following conditions —

(a)that the person practises only as a general practitioner; and

(b)that the person practises only in remote and rural WA; and

(c)if the person is not a fellow of the Royal Australian College of General Practitioners or a member of a body (if any) prescribed under the regulations at the time of registration under this section, that he or she becomes such a fellow or member within 2 years of being so registered.

(5)The Board may, on the application of a person the subject of a condition imposed under subsection (4)(c), if satisfied that there is good reason to do so, vary the period of 2 years.

(6)The Board may, by written notice to the person, impose such other conditions as it thinks appropriate on the registration of a person under this section as the Board reasonably requires to ensure the competent and safe practice of medicine by the person.

(7)The Board may, on its own motion or on the application of a person the subject of a condition imposed under subsection (6), on reasonable grounds, revoke or vary the condition.

(8)The Board may at any time on reasonable grounds cancel registration under this section.

34.Special purpose conditional registration

(1)In subsection (2)(b)(iv) —

an unmet area of need means an area of need determined by the Minister.

(2)The Board may grant a person conditional registration as a medical practitioner if —

(a)the Board is satisfied that the person meets the requirements of section 30(2)(a), (b), (c) and (d); and

(b)the Board is satisfied that —

(i)the applicant is a graduate of medicine from an institution which is not accredited by the Australian Medical Council and registration is necessary on a temporary basis to enable the applicant to undertake a period of assessment or postgraduate training in medicine approved by the Board; or

(ii)the applicant desires registration to enable the applicant to fill a medical teaching position and the applicant has qualifications that the Board recognises for that purpose; or

(iii)the applicant desires to be registered for the purpose of enabling the applicant to fill a medical research position and the applicant has qualifications that the Board recognises for that purpose; or

(iv)registration of the applicant would enable an unmet area of need to be met and the applicant has suitable qualifications and experience to practise medicine in that area of need; or

(v)the applicant has specialist qualifications and experience in medicine obtained outside Australia and registration is for the purpose of enabling the person to undergo further specialist training or examination as approved by the Board; or

(vi)it is in the public interest to register the applicant on a temporary basis;

and

(c)the person has paid the registration fee, if any, prescribed by the regulations.

(3)Conditional registration under this section has effect —

(a)in relation to the type of registration referred to in subsection (2)(b)(i) to (vi) for which the conditional registration is granted; and

(b)until the day specified in the certificate of registration (unless earlier cancelled).

(4)The Board may, by written notice given to the person granted conditional registration, impose such conditions on registration under subsection (2) as the Board reasonably requires, in any particular case, to ensure the competent and safe conduct of the activity or practice for which conditional registration is granted.

(5)The Board may at any time on reasonable grounds cancel a conditional registration under this section.

(6)The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.

35.Non‑practising registration

(1)The Board is to register an applicant as a non‑practising medical practitioner if satisfied that the applicant has —

(a)complied with the requirements of subsection (2); and

(b)paid the registration fee, if any, prescribed by the regulations.

(2)The requirements for registration are that the applicant —

(a)is a fit and proper person to be registered as a medical practitioner; and

(b)has not been convicted of an offence the nature of which renders the person unfit to practise medicine; and

(c)has a qualification referred to in section 30(2)(e), 34(2)(b)(i) or (ii), or 38; and

(d)will not practise medicine whilst registered under this section.

(3)Registration under subsection (1) is subject to the condition that the applicant is not to practise medicine.

36.Voluntary change in registration

(1)A person who —

(a)is registered under section 30(1); and

(b)is not the subject of proceedings under Part 6,

may apply to the Board to —

(c)remove the name of the person from the register; and

(d)grant the person conditional registration for a type referred to in section 34(2)(b)(i) to (vi).

(2)If the Board grants the application the Board is to —

(a)cancel the applicant’s registration under section 30(1); and

(b)grant the applicant conditional registration for the type referred to in section 34(2)(b) requested by the applicant.

(3)Section 34 applies in relation to a person granted conditional registration under subsection (2)(b).

37.Specialties to be prescribed

(1)The Governor, on the recommendation of the Board, may make regulations prescribing —

(a)branches of medicine that are specialties with respect to which a person may be registered as a specialist; and

(b)the title or titles of the specialty.

(2)Before making a recommendation to the Governor, the Board is to seek advice from, and have regard to any advice provided by, the Australian Medical Council as to whether or not a branch of medicine should be prescribed as a specialty.

38.Registration of specialists

(1)The Board is to register an applicant as a specialist in a specialty if satisfied that the applicant has —

(a)complied with a set of requirements in subsection (2), (3) or (4); and

(b)paid the registration fee, if any, prescribed by the regulations.

(2)A set of requirements for registration as a specialist is that —

(a)the applicant is registered under section 30; and

(b)the applicant —

(i)has an Australian or New Zealand qualification, in the specialty, that is prescribed by the regulations for the specialty; or

(ii)has a qualification in a specialty that the Board considers is substantially equivalent to, or based on similar competencies to, a qualification prescribed under subparagraph (i).

(3)A set of requirements for registration as a specialist is that —

(a)the applicant is competent to practise in a specialty (that is, the applicant has sufficient physical capacity, mental capacity and skill to practise the specialty); and

(b)the applicant has a sound knowledge of the English language and possesses sufficient skill in the expression of that language, both written and oral, for the practice of the specialty; and

(c)the applicant is a fit and proper person to be registered as a specialist; and

(d)the applicant has not been convicted of an offence the nature of which renders the person unfit to practise as a specialist; and

(e)the applicant —

(i)has an Australian or New Zealand qualification, in the specialty, that is prescribed by the regulations for the specialty; or

(ii)has a qualification that the Board considers is substantially equivalent to, or based on similar competencies to, a qualification prescribed under subparagraph (i);

and

(f)has successfully completed a period of supervised clinical practice approved by the Board in writing or prescribed by the rules.

(4)A set of requirements for registration as a specialist is that the applicant —

(a)is registered under section 30; and

(b)has practised in a specialty in the period immediately preceding the day on which the specialty was prescribed under section 37; and

(c)is competent to practise in the specialty (that is, the applicant has sufficient physical capacity, mental capacity and skill to practise the specialty); and

(d)has knowledge of, and experience in the practise of, the specialty that the Board considers are sufficient as a basis for specialist registration in the specialty.

(5)In making its decision under subsection (1), the Board may have regard to the advice and recommendation of any one or more of the following —

(a)the Australian Medical Council;

(b)an Australian specialist college or institution for the specialty.

(6)The Board may, by written notice to the specialist, impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the safe and competent practise of the specialty by the specialist.

(7)Subject to section 39, a condition imposed under subsection (6) may apply indefinitely or for a period specified by the Board in the written notice.

(8)Subject to section 39, the Board may, on its own motion or on the application of a person the subject of a condition imposed by the Board under this section, on reasonable grounds, revoke or vary the condition.

(9)It is a condition of a specialist’s registration under subsections (1) and (3) that the specialist can practise only the specialty in relation to which the specialist is registered.

(10)Subject to this Act, registration of a person as a specialist confers on that person the right to carry on in the State the practice of the specialty for which the person was granted registration as a specialist under the title or titles prescribed by the regulations as the title or titles under which the specialty may be practised.

39.Review of condition imposed under section 30(5), 33(6), 34(4) or 38(6)

(1)If the Board imposes a condition under section 30(5), 33(6), 34(4) or 38(6) it is to specify in the written notice a period of time (the restriction period) within which the person to whom the condition applies may not apply to the Board for the condition to be revoked or varied.

(2)A person the subject of a condition referred to in subsection (1) may not make an application to the Board for the condition to be revoked or varied until —

(a)after the end of the restriction period; and

(b)thereafter, not less than 6 months after the day on which the previous application was made.

(3)The Board is to determine an application for a condition to be revoked or varied within 2 months of receiving the application.

(4)On an application for a condition to be revoked or varied, the Board may on reasonable grounds revoke or vary a condition referred to in subsection (1).

40.Professional indemnity insurance

(1)In this section —

professional indemnity insurance means professional indemnity insurance that meets the minimum terms and conditions approved by the Board.

(2)Without limiting the Board’s powers under section 30, 32, 33, 34 or 38, the Board may by written notice impose both of the following conditions as a conditions of registration under section 30, 32, 33, 34 or 38 —

(a)that —

(i)the medical practitioner must hold professional indemnity insurance; or

(ii)the medical care provided by the medical practitioner must be covered by professional indemnity insurance; or

(iii)the medical practitioner must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the medical practitioner is not a party to the professional indemnity insurance;

(b)that the professional indemnity insurance must meet the minimum terms and conditions approved by the Board.

(3)A condition imposed under this section may apply indefinitely or for a period of time specified by the Board in the written notice of the decision given under section 151.

(4)The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.

41.Application

(1)This section applies to the following applications —

(a)an application for registration;

(b)an application under section 35 or 36;

(c)an application under section 39 for a condition to be revoked or varied.

(2)An application is to be —

(a)in writing; and

(b)made in an approved manner and form; and

(c)accompanied by the application fee, if any, prescribed.

(3)Subject to section 39(3), the Board is to determine an application to which this section applies expeditiously.

(4)The registrar is to, if required to do so by the Board —

(a)investigate the application and the person who made the application; and

(b)report to the Board on the results of the investigation.

(5)The applicant must provide the Board or the registrar —

(a)with such further information as the Board or the registrar requires, in any particular case, and if required by the Board or the registrar must verify the information by statutory declaration; and

(b)at the request of the Board or the registrar, with the applicant’s written consent to seek from another person, specified by the Board or the registrar, information about the applicant relevant to the application.

(6)The Board may, in writing, require an applicant to attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application and, if the person fails to attend, may refuse the application.

(7)In relation to an application for registration, the Board may, in writing, require an applicant to —

(a)submit to a physical or mental examination carried out by a person nominated by the Board; or

(b)submit to an oral or written examination carried out by a person nominated by the Board; or

(c)perform a clinical examination of one or more patients under the supervision of a person nominated by the Board,

as the Board may reasonably require in relation to any requirement for registration with which the applicant must comply in order to be registered under this Act.

(8)The Board is to nominate a person who is competent to carry out the examination or supervise the clinical examination.

(9)In relation to an application for renewal of registration, the applicant must provide the Board with details of any development or educational activities related to the practice of medicine undertaken during his or her latest period of registration.

(10)If the applicant fails to submit to the examination or perform the clinical examination required by the Board or provide the details referred to in subsection (9), the Board may refuse the application.

42.Board may request consent to undertake a criminal record check

(1)The Board may request, by notice in writing given to an applicant for registration, that the applicant provide written consent for the Board to undertake a criminal record check in respect of the applicant.

(2)Notice to an applicant under subsection (1) is to state that the consent and the fee for conducting the check, if any, specified in the notice is to be given to the Board within 14 days of the notice being given, or such later time as is specified in the notice.

(3)If consent for the Board to undertake a criminal record check, together with any fee for conducting the check specified in the notice, is not given to the Board by an applicant within the time stated in a notice given to the applicant under subsection (1), the Board may refuse the application.

43.Criminal record check

(1)In this section —

authorised person and criminal records agencyhave the meanings given to those terms in the Working with Children (Criminal Record Checking) Act 2004 section 34(1);

Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Act 1892.

(2)The Board may ask the Commissioner or a criminal records agency for information or access to the respective records of the Commissioner or the criminal records agency —

(a)to determine whether an applicant for registration under this Part has a criminal record; and

(b)if the applicant has a criminal record, to obtain details of the criminal record.

(3)If the applicant has a criminal record, the Board may ask an authorised person or a criminal records agency for information about the circumstances of a conviction or charge mentioned in the criminal record.

(4)An authorised person may comply with a request made by the Board under this section despite another Act or law.

44.Effect of registration

Subject to this Act, registration confers on the person registered the right to carry on in the State the practice of medicine under the title of “medical practitioner”.

45.Duration of registration

(1)Subject to this Act, registration —

(a)has effect for the period prescribed by the regulations or specified in the medical practitioner’s certificate of registration, whichever is the shorter; and

(b)may be renewed in accordance with the regulations for a further period prescribed by the regulations.

(2)This section does not apply to, or in respect of, a medical practitioner who is an interstate practitioner or defence force medical officer.

46.Renewal of registration

(1)If the Board believes on reasonable grounds that an applicant for renewal of registration —

(a)does not have sufficient practical experience; or

(b)has not maintained adequate knowledge and skill,

relating to his or her type of registration, the Board may —

(c)refuse to renew the registration; or

(d)renew the registration subject to such conditions on registration as the Board reasonably requires.

(2)A medical practitioner must pay to the Board a fee prescribed by the regulations for the renewal of registration, and if the fee is not paid on or before the day on which it falls due under the rules —

(a)the person ceases to be registered; and

(b)the person’s name must be removed from the register.

(3)A person whose name is removed from the register under subsection (2) may, at any time, pay to the Board —

(a)all fees that are in arrears; and

(b)all fees that would be in arrears if the person had continued to be registered; and

(c)any additional amount prescribed by the regulations for the purposes of this subsection.

(4)On payment of the fees and amount referred to in subsection (3), the person is then entitled, subject to this Act, to have his or her registration renewed and name restored to the register.

(5)For the purposes of Part 6, the registration of a person whose name is restored to the register under subsection (4) is taken to have continued during the period that the person’s name was removed from the register under subsection (2).

(6)The Board is to give written notice of the renewal fee to a medical practitioner, sent to that medical practitioner’s address as recorded in the register, at least 42 days before the fee falls due under the regulations.

(7)A person may apply to the Board for the remission of fees payable by the person under this section that are in arrears, and the Board may remit those fees in whole or in part.

47.Application for registration by a person whose registration has been cancelled under section 116(1)(k)

(1)In this section —

disqualified person means a person whose registration has been cancelled and name removed from the register under section 116(1)(k).

(2)A disqualified person may not apply for registration for a period of 2 years after that person’s registration was cancelled.

(3)The Board cannot grant an application for registration by a disqualified person unless it has applied for, and obtained, the approval of the State Administrative Tribunal to do so.

(4)Registration of, and the practice of medicine by, a disqualified person may be made subject to such conditions as the Board in any particular case imposes.

Division 2 — The register

48.The register

(1)In subsection (2) —

medical practitioner does not include an interstate practitioner.

(2)The Board is required to keep an accurate and up‑to‑date register of all medical practitioners in such manner and form as the Board determines and in respect of each medical practitioner is to record —

(a)the name of that person; and

(b)the business, or other, address of that person; and

(c)a unique numerical identification number for that person; and

(d)the date on which the person was first registered; and

(e)particulars of all of the medical qualifications recognised by the Board and held by that person; and

(f)the provision or provisions of this Act under which the person is registered; and

(g)any conditions applying to the registration; and

(h)any condition or change of condition, notice of which is given under section 64; and

(i)details of the exercise of any power under Part 6 in respect of that person or any order made or penalty imposed in respect of that person by the Board or in a proceeding before the State Administrative Tribunal under Part 6; and

(j)such other information, if any, as is prescribed by the regulations.

(3)If —

(a)the Board or the State Administrative Tribunal imposes a condition on the registration of a medical practitioner who is an interstate practitioner; or

(b)a condition relating to an interstate practitioner is varied under section 69(2); or

(c)written advice of any condition imposed or any change of a condition is given under section 69(5),

the Board is to record under subsection (2) —

(d)the name of the interstate practitioner; and

(e)a unique numerical identification number for that practitioner; and

(f)the provision or provisions of this Act under which the person is taken to be registered; and

(g)any condition imposed on the registration of the practitioner by the Board or the Tribunal; and

(h)any condition as varied under section 69(2); and

(i)any condition or change of condition, notice of which is given under section 69(5); and

(j)such other information relating to an interstate practitioner, if any, as is prescribed by the regulations.

49.Inspection of register

(1)The register must be kept at the office of the Board.

(2)The register must be available for inspection by members of the public during normal office hours.

(3)The register must be available for inspection by members of the public on an internet website maintained by the Board.

(4)A person may, on application to the registrar in respect of the register or an entry in the register, and payment of the fee prescribed by the regulations, if any, obtain a certified copy of the register or the entry.

(5)No fee is payable under subsection (4) if the application is made —

(a)by an officer of the department of the Public Service principally assisting the Minister charged with the administration of this Act; and

(b)for the purpose of carrying out the functions of an officer of that department.

50.Certificate of registration

(1)On the registration of a person the Board is to issue to that person a certificate of registration in an approved form.

(2)If the particulars entered in the register relating to a medical practitioner are amended so that that person’s particulars recorded on his or her certificate of registration are not the same as those entered in the register, the Board is to issue to that person a certificate of registration in the approved form containing particulars that are the same as those entered in the register.

(3)In the absence of evidence to the contrary a certificate of registration is evidence that the person to whom the certificate is issued is registered.

(4)This section does not apply to, or in respect of, a medical practitioner who is an interstate practitioner or defence force medical officer.

51.Replacement of certificate of registration

(1)If a person’s certificate of registration is lost, stolen, damaged or destroyed, that person may apply to the Board for the issue to him or her of a duplicate certificate of registration.

(2)On an application under subsection (1), if the Board is satisfied that the applicant’s certificate of registration has been lost, stolen, damaged or destroyed, the Board may, on payment of the prescribed fee, if any, issue a duplicate certificate of registration to the applicant.

(3)This section does not apply to, or in respect of, a medical practitioner who is an interstate practitioner or defence force medical officer.

52.Voluntary removal from register

(1)A medical practitioner who is not an interstate practitioner may, in writing, request the registrar to remove the name of that medical practitioner from the register.

(2)Upon receipt of a request under subsection (1) the registrar is to refer the request to the Board and may, if the Board so approves, remove the name of the medical practitioner from the register.

(3)Subsections (1) and (2) do not apply to a medical practitioner who is the subject of proceedings under Part 6.

53.Amendment of particulars

A medical practitioner may at any time apply to the Board for the amendment of the particulars entered in the register relating to that medical practitioner, and if the Board is satisfied that the amendment may properly be made, the Board, on payment of the prescribed fee, if any, is to cause those particulars to be amended.

54.Removal of names in certain circumstances

The registrar, on being satisfied that a medical practitioner has been convicted of an offence under section 133(1)(a) in relation to an application under this Act for registration, is to remove the name of the medical practitioner from the register.

55.Removal of names of deceased persons

The registrar, on being satisfied of the death of a medical practitioner, is to remove the name of the medical practitioner from the register.

56.Suspension or cancellation of registration in another State or a Territory

(1)If the Board is satisfied that the registration of a medical practitioner under the laws of another State or a Territory has been —

(a)suspended, the Board may suspend the registration of the practitioner in this State; or

(b)cancelled, or that the name of the practitioner has been removed from the register of medical practitioners of that State or Territory, the Board may cancel the registration of the person and direct the registrar to remove the name of the practitioner from the register in this State.

(2)If, in relation to a person whose registration has been suspended or cancelled under subsection (1), the Board is satisfied that —

(a)the suspension of the person’s registration under the laws of the other State or Territory has ended, the Board is to revoke the suspension of the registration of the person in this State; or

(b)the person’s registration has been restored or the person’s name has been restored to the register under the laws of another State or a Territory, the Board is to restore the registration of the person and direct that the name of the person be restored to the register in this State.

(3)This section does not apply to, or in respect of, a medical practitioner who is an interstate practitioner or defence force medical officer.

57.Effect of removal of name from register

If the name of a registered person is removed from the register under a provision of this Act, that person ceases to be registered.

Division 3 — Notifications to Board

58.Change of address

(1)In this section —

medical practitioner does not include an interstate practitioner or a defence force medical officer.

(2)A medical practitioner must give the registrar written advice of any change to the address that is recorded in the register in relation to the person.

Penalty: a fine of $1 000.

(3)The advice referred to in subsection (2) must be given no later than 30 days after the change to the address.

59.Loss of qualifications

(1)In this section —

medical practitioner does not include an interstate practitioner or a defence force medical officer.

(2)A medical practitioner must give the registrar written advice if a qualification that enabled the person to be registered is withdrawn or cancelled by the body that conferred the qualification.

Penalty: a fine of $1 000.

(3)The advice referred to in subsection (2) must be given no later than 7 days after the withdrawal or cancellation.

60.Insolvency

(1)In subsection (2) —

insolvent means a person who is an insolvent under administration as defined in the Corporations Act section 9;

medical practitioner does not include an interstate practitioner or a defence force medical officer.

(2)A medical practitioner must, within 14 days of becoming an insolvent, give the registrar written advice of the insolvency.

Penalty: a fine of $5 000.

61.Civil or criminal proceedings

(1)A medical practitioner must give the registrar written advice of any of the following matters within 14 days after legal process commencing —

(a)any civil proceedings claiming damages or other compensation arising out of the practice of medicine;

(b)any criminal proceedings for an offence arising out of the practice of medicine or an offence against the Health Insurance Act 1973 of the Commonwealth,

is served on that medical practitioner.

Penalty: a fine of $5 000.

(2)A medical practitioner must give the registrar written advice of any of the following matters within 14 days after —

(a)any proceedings of a kind referred to in subsection (1) commenced against that medical practitioner are withdrawn or settled;

(b)any such proceedings are determined by a court or other tribunal.

Penalty: a fine of $5 000.

62.Information about professional indemnity insurance

(1)If it is a condition of a medical practitioner’s registration that —

(a)the medical practitioner must hold professional indemnity insurance; or

(b)medical care provided by the medical practitioner must be covered by professional indemnity insurance; or

(c)the medical practitioner must be specified or referred to in the professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the medical practitioner is not a party to the professional indemnity insurance,

the medical practitioner must give the registrar written advice —

(d)if the professional indemnity insurance is cancelled; or

(e)if the terms or conditions of the professional indemnity insurance are changed such that the terms or conditions do not comply with the minimum terms and conditions approved by the Board for the purpose of the definition of “professional indemnity insurance” in section 40(1).

Penalty: a fine of $1 000.

(2)The advice referred to in subsection (1) must be given no later than 14 days after the cancellation or change in the terms or conditions.

63.Notification of cancellation or suspension of registration elsewhere

(1)In this section —

medical practitioner does not include an interstate practitioner or a defence force medical officer.

(2)If the registration of a medical practitioner is cancelled or suspended by a regulatory authority in another State or a Territory, the medical practitioner must give the registrar written advice of the cancellation or suspension.

(3)The advice referred to in subsection (2) must be given no later than 7 days after the cancellation or suspension.

Penalty: a fine of $5 000.

64.Notification of condition imposed on registration elsewhere

(1)In this section —

medical practitioner does not include an interstate practitioner or a defence force medical officer.

(2)If —

(a)a condition is imposed on the registration of a medical practitioner; or

(b)a condition is changed,

by a regulatory authority in another State or a Territory, the medical practitioner must give the registrar written advice of the condition or change.

(3)The advice referred to in subsection (2) must be given no later than 7 days after the imposition of the condition or the change.

Penalty: a fine of $5 000.

Division 4 — Defence force medical officer

65.Medical officer of a defence force of the Commonwealth

(1)A natural person who —

(a)applies to the Board in writing and satisfies it that he or she complies with the requirements of subsection (2); and

(b)is given a written notice by the Board to the effect that the Board is satisfied that he or she complies with the requirements of subsection (2),

is to be taken to be registered during such time as he or she —

(c)continues to fulfil the requirements of subsection (2)(a); and

(d)provides medical services only for members of the defence forces of the Commonwealth, an employee of the Department of Defence of the Commonwealth or members of a visiting force as defined in section 66(1).

(2)The requirements referred to in subsection (1) are that —

(a)the applicant —

(i)is registered as a medical practitioner under the laws of another State or a Territory; and

(ii)is not an interstate practitioner;

and

(b)is a medical officer of any of the defence forces of the Commonwealth.

66.Medical officer of visiting forces

(1)In this section —

visiting force means any body, contingent or detachment of the naval, military or air force of a country that is for the time being present in the State by arrangement with the Minister of State for Defence for the Commonwealth;

visiting force medical practitioner means a person taken to be registered under subsection (2).

(2)A natural person who —

(a)applies to the Board in writing and satisfies it that he or she complies with the requirements of subsection (3); and

(b)is given a written notice by the Board that it is satisfied that he or she complies with the requirements of subsection (3),

is to be taken to be registered subject to the conditions set out in subsection (4) during such time as he or she continues to fulfil the requirements of subsection (3).

(3)The requirements referred to in subsection (2) are that the applicant —

(a)is resident in another country; and

(b)has been appointed, employed, contracted or otherwise engaged by a visiting force to provide medical services to members of the force while that force is in this State; and

(c)is qualified to provide the services referred to in paragraph (b).

(4)The conditions referred to in subsection (2) are —

(a)that the visiting force medical practitioner must not provide medical services other than medical services that may be lawfully provided in this State by a medical practitioner; and

(b)that the visiting force medical practitioner must not possess, use or supply a substance in the course of providing medical services other than a substance that may be lawfully possessed, used or supplied in this State by a medical practitioner; and

(c)that the visiting force medical practitioner provide medical services only for members of the defence forces of the Commonwealth or a visiting force; and

(d)such further conditions as the Board may reasonably require and specify in the written notice to the visiting force medical practitioner.

Part 5 — Interstate practitioners

Division 1 — Preliminary

67.Terms used in this Part

In this Part, unless the contrary intention appears —

equivalent specialty means a branch of medicine that is substantially the same as a branch of medicine prescribed as a specialty under section 37;

registered means registered, or otherwise authorised, under a corresponding law of another State or a Territory to practise medicine or a specialty in that State or Territory.

Division 2 — Practice by an interstate practitioner

68.Persons who are to be taken to be registered under section 30 or 38

(1)A natural person is to be taken to be registered by the Board under section 30 if —

(a)the person is registered to practise medicine under a provision of a corresponding law; and

(b)the person’s principal place of practice of medicine is in another State or a Territory; and

(c)the person is not registered under Part 4.

(2)A natural person is to be taken to be registered by the Board under section 38 if —

(a)the person is registered to practise an equivalent specialty under a provision of a corresponding law; and

(b)the person’s principal place of practice of that specialty is in another State or a Territory; and

(c)the person is not registered under Part 4.

(3)A natural person taken to be registered by the Board under section 38 is to be taken to be registered to practise the branch of medicine prescribed to be a specialty under section 37 that is substantially the same as the equivalent specialty that he or she is registered to practise under the corresponding law.

69.Practising in this State

(1)If an interstate practitioner practises medicine or a specialty in this State, without limiting anything in this Part, the interstate practitioner, in so doing —

(a)is subject to both of the conditions referred to in section 40(2)(a) and (b) during any period that he or she practises medicine or his or her specialty in this State unless the conditions are revoked under subsection (2); and

(b)is subject to any condition, limitation or prohibition imposed on the registration of the interstate practitioner by a regulatory authority of this or any other State or a Territory (whether as a result of disciplinary action or otherwise).

(2)The Board may, on its own motion or on the application of a person the subject of the conditions imposed under subsection (1)(a), on reasonable grounds, revoke the conditions or vary a condition.

(3)A condition on the registration of an interstate practitioner imposed, or varied, under this Act must not be more onerous than would be imposed under this Act in the same or similar circumstances on a medical practitioner who is not an interstate practitioner.

(4)Subject to subsection (3), the Board may, by written notice to an interstate practitioner, vary a condition, limitation or prohibition imposed on the registration of the interstate practitioner by a regulatory authority of another State or a Territory in such manner as the Board reasonably requires to ensure the competent and safe practice of medicine or a specialty by the interstate practitioner.

(5)An interstate practitioner must not practise medicine or a specialty in this State if the interstate practitioner has not given the registrar written advice of any condition imposed or any change of a condition made by a regulatory authority of another State or a Territory (whether as a result of disciplinary action or otherwise).

Penalty: a fine of $5 000.

(6)An interstate practitioner must give the registrar written advice —

(a)if his or her professional indemnity insurance required under a condition imposed under section 69(1)(a) is cancelled; or

(b)of any change in the terms or conditions of that professional indemnity insurance.

Penalty: a fine of $1 000.

(7)The advice referred to in subsection (6) must be given no later than 14 days after the cancellation or change in the terms or conditions.

70.Interstate practitioner not to be taken to be registered in some circumstances

An interstate practitioner is not to be taken to be registered —

(a)under section 30 during any period of time that the practitioner is suspended from the practice of medicine under a corresponding law; or

(b)under section 38 as a specialist in a specialty during any period of time that the practitioner is suspended from the practice of an equivalent specialty under a corresponding law.

71.Effect of suspension under this Act

(1)Despite section 68, if an interstate practitioner is suspended from the practice of medicine under section 116(1)(j), 117(d) or 118(f), the practitioner is not to be taken to be registered under section 30 or 38 during the period of the suspension.

(2)The Board may, by notice in writing, revoke a suspension referred to in subsection (1) and may direct in the notice that the revocation has effect from a date specified in the notice.

(3)The Board cannot revoke a suspension that was imposed by the State Administrative Tribunal under section 116(1)(j), 117(d) or 118(f) unless it has applied for, and obtained, the approval of the Tribunal to do so.

(4)Despite section 68, if the State Administrative Tribunal makes an order under section 116(1)(k), 117(e) or 118(g) in relation to an interstate practitioner, the practitioner is not to be taken to be registered under section 30 or 38.

Division 3 — Complaints about interstate practitioners

72.Referral of complaint to regulatory authority in another State or a Territory

(1)If it considers it appropriate to do so, the Board may refer a complaint lodged with it in relation to an interstate practitioner to a regulatory authority of another State or a Territory to be dealt with according to the law of that State or Territory.

(2)If it considers it appropriate to do so, the Board may request a regulatory authority of another State or a Territory to investigate the conduct of an interstate practitioner in accordance with the law of that State or Territory.

(3)After a referral under subsection (1) or a request under subsection (2) has been made, no further action is to be taken by the Board in relation to the subject matter of the referral or request, other than action required to comply with section 154, unless the regulatory authority of the other State or Territory declines to deal with the matter.

73.Dealing with matters referred by a regulatory authority in another State or a Territory

(1)The Board may deal with a matter involving an interstate practitioner referred to it by a regulatory authority of another State or a Territory whether or not the matter arose in or outside this State as if the matter were a complaint.

(2)Except as otherwise provided in Part 6, that Part applies to a complaint against an interstate practitioner referred to the Board by a regulatory authority of another State or a Territory whether or not the subject matter of the complaint allegedly occurred in or outside this State.

(3)If a regulatory authority of another State or a Territory requests the Board to investigate the conduct of an interstate practitioner, the Board may investigate that conduct under Part 6 whether or not the conduct allegedly occurred in or outside this State.

Division 4 — Miscellaneous

74.Interstate practitioner disqualified in another State or a Territory

If a regulatory authority of another State or a Territory has disqualified an interstate practitioner from applying to be registered in that State or Territory for a period specified by the authority, the practitioner may not apply for registration under Part 4 during that period.

75.Interstate certificate

In the absence of evidence to the contrary, a certificate of registration issued to an interstate practitioner under a corresponding law is evidence of the matters stated in it.

Part 6 — Disciplinary, competency and impairment matters

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