Medical Practitioners Act 2008

Medical Practitioners Regulations 2008

These regulations were repealed by the Health Practitioner Regulation National Law (WA) Act 2010 s. 15(2)(e) (No. 35 of 2010) as at 18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)

 

 

Medical Practitioners Regulations 2008

Contents

1.Citation1

2.Commencement1

3.Application1

4.Prescribed period of internship or supervised clinical practice2

5.Specialties and titles prescribed2

6.Requirements for specialty4

7.Prescribed period for registration and renewal of registration under section 4511

8.Day on which fee falls due under section 46(2)11

9.Prescribed information under section 48(2)(j)11

10.Amendment of particulars12

11.Certificate of good standing12

13.Appointment of a conciliator12

14.Information relating to certain business structures12

15.Fees13

16.Fees for registration under the Mutual Recognition (Western Australia) Act 200113

17.Reduction, waiver or refund of fees13

Schedule 1 — Fees

Schedule 2 — Fees relating to registration under the Mutual Recognition (Western Australia) Act 2001

Notes

Compilation table18

 

Medical Practitioners Act 2008

Medical Practitioners Regulations 2008

1.Citation

These regulations are the Medical Practitioners Regulations 2008.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day on which the Medical Practitioners Act 2008 section 3 comes into operation.

[Regulation 2 correction in Gazette 5 Dec 2008 p. 5087.]

3.Application

An application for registration under section 30, 31, 32, 33, 34, 35 or 38 of the Act must be accompanied by the following evidence —

(a)evidence of the identity of the applicant;

(b)evidence that the applicant is not affected by the use of, or dependence on, a drug to such an extent that his or her ability to practise medicine is, or is likely to be, affected adversely;

(c)evidence that the applicant has not been refused registration elsewhere.

4.Prescribed period of internship or supervised clinical practice

For the purposes of section 30(2)(f) of the Act, the period of internship or supervised clinical practice prescribed is 48 weeks.

5.Specialties and titles prescribed

For the purposes of sections 37(1) and 38(10) of the Act, the branches of medicine listed in column 1 of the Table are prescribed as a specialty and the title specified in column 2 of that Table opposite a specialty is prescribed as the title of that specialty (if any) and as the title under which that specialty may be practised.

Table

Specialty prescribed

Title of specialty

Anaesthesia

Anaesthetist

Anatomical Pathology (including Cytopathology and Forensic Pathology)



Anatomical Pathologist

Cardiology

Cardiologist

Cardio‑thoracic Surgery

Cardio‑thoracic Surgeon

Chemical Pathology

Chemical Pathologist

Clinical Genetics

Geneticist

Clinical Pharmacology

Pharmacologist

Community Child Health

 

Dermatology

Dermatologist

Diagnostic Radiology

Diagnostic Radiologist

Diagnostic Ultrasound

 

Emergency Medicine

Physician ‑ Emergency Medicine

Endocrinology

Endocrinologist

Gastroenterology and Hepatology


Gastroenterologist and Hepatologist

General Medicine

Physician ‑ General Medicine

General Paediatrics

Paediatrician

General Pathology

Pathologist

General Practice

General Practitioner

General Surgery

General Surgeon

Geriatric Medicine

Geriatrician

Gynaecological Oncology

Gynaecological Oncologist

Haematology

Haematologist

Immunology

Immunologist

Immunology and Allergy

 

Infectious Diseases

Physician ‑ Infectious Diseases

Intensive Care Medicine

Physician ‑ Intensive Care Medicine

Maternal‑Fetal Medicine

 

Medical Administration

Medical Administrator

Medical Oncology

Medical Oncologist

Microbiology

Microbiologist

Nephrology

Nephrologist

Neurology

Neurologist

Neurosurgery

Neuro Surgeon

Nuclear Medicine

 

Obstetrics and Gynaecology

Obstetrician and Gynaecologist

Obstetrics and Gynaecological Ultrasound

 

Occupational Medicine

Physician ‑ Occupational Medicine

Ophthalmology

Ophthalmologist

Oral and Maxillofacial Surgery

 

Orthopaedic Surgery

Orthopaedic Surgeon

Otolaryngology – Head and Neck Surgery

 

Paediatric Surgery

Paediatric Surgeon

Pain Medicine

Anaesthetist ‑ Pain Medicine

Palliative Medicine

Physician ‑ Palliative Medicine

Plastic and Reconstructive Surgery


Plastic and Reconstructive Surgeon

Psychiatry

Psychiatrist

Public Health Medicine

 

Radiation Oncology

Radiation Oncologist

Rehabilitation Medicine

 

Reproductive Endocrinology and Infertility

 

Respiratory and Sleep Medicine

Physician ‑ Respiratory and Sleep Medicine

Rheumatology

Rheumatologist

Urogynaecology

Urogynaecologist

Urology

Urologist

Vascular Surgery

Vascular Surgeon

6.Requirements for specialty

For the purposes of section 38(2)(b)(i) and (3)(e)(i) of the Act, the qualification listed in column 2 of the Table is a prescribed qualification for the specialty specified in column 1 of that Table opposite that qualification.

Table

Specialty

Australian or New Zealand qualification

Anaesthesia

Fellowship of the Australian and New Zealand College of Anaesthetists (FANZCA)

Anatomical Pathology (including Cytopathology and Forensic Pathology)


Fellowship of the Royal College of Pathologists of Australia (FRCPA)

Cardiology

Fellowship of the Royal Australasian College of Physicians (FRACP)

Cardio‑thoracic Surgery

Fellowship of the Royal Australasian College of Surgeons (FRACS)

Chemical Pathology

Fellowship of the Royal College of Pathologists of Australia (FRCPA)

Clinical Genetics

Fellowship of the Royal Australasian College of Physicians (FRACP)

Clinical Pharmacology

Fellowship of the Royal Australasian College of Physicians (FRACP)

Community Child Health

Fellowship of the Royal Australasian College of Physicians (FRACP)

Dermatology

Fellowship of the Australasian College of Dermatologists (FACD)

Diagnostic Radiology

Fellowship of the Royal Australian and New Zealand College of Radiologists (FRANZCR)

Diagnostic Ultrasound

Fellowship of the Royal Australian and New Zealand College of Radiologists (FRANZCR)

Emergency Medicine

Fellowship of the Australasian College for Emergency Medicine (FACEM)

Endocrinology

Fellowship of the Royal Australasian College of Physicians (FRACP)

Gastroenterology and Hepatology

Fellowship of the Royal Australasian College of Physicians (FRACP)

General Medicine

Fellowship of the Royal Australasian College of Physicians (FRACP)

General Paediatrics

Fellowship of the Royal Australasian College of Physicians (FRACP)

General Pathology

Fellowship of the Royal College of Pathologists of Australia (FRCPA)

General Practice

Fellowship of the Australian College of General Practitioners (FACGP)

General Surgery

Fellowship of the Royal Australasian College of Surgeons (FRACS)

Geriatric Medicine

Fellowship of the Royal Australasian College of Physicians (FRACP)

Gynaecological Oncology

Fellowship of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (FRANZCOG)

Haematology

Fellowship of the Royal College of Pathologists of Australia (FRCPA)

or

Fellowship of the Royal Australasian College of Physicians (FRACP)

Immunology

Fellowship of the Royal College of Pathologists of Australia (FRCPA)

Immunology and Allergy

Fellowship of the Royal Australasian College of Physicians (FRACP)

Infectious Diseases

Fellowship of the Royal Australasian College of Physicians (FRACP)

Intensive Care Medicine

Fellowship of the Joint Faculty of Intensive Care Medicine (FJFICM)

Maternal‑Fetal Medicine

Fellowship of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (FRANZCOG)

Medical Administration

Fellowship of the Royal Australasian College of Medical Administrators (FRACMA)

Medical Oncology

Fellowship of the Royal Australasian College of Physicians (FRACP)

Microbiology

Fellowship of the Royal College of Pathologists of Australia (FRCPA)

Nephrology

Fellowship of the Royal Australasian College of Physicians (FRACP)

Neurology

Fellowship of the Royal Australasian College of Physicians (FRACP)

Neurosurgery

Fellowship of the Royal Australasian College of Surgeons (FRACS)

Nuclear Medicine

Fellowship of the Royal Australasian College of Physicians (FRACP)

or

Fellowship of the Royal Australian and New Zealand College of Radiologists (FRANZCR)

Obstetrics and Gynaecology

Fellowship of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (FRANZCOG)

Obstetrics and Gynaecological Ultrasound

Fellowship of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (FRANZCOG)

Occupational Medicine

Fellowship of the Australasian Faculty of Occupational Medicine (FAFOM)

Ophthalmology

Fellowship of the Royal Australian and New Zealand College of Opthalmologists (FRANZCO)

Oral and Maxillofacial Surgery

Fellowship of the Royal Australasian College of Dental Surgeons (Oral and Maxillofacial Surgery) (FRACDS(OMS))

Orthopaedic Surgery

Fellowship of the Royal Australasian College of Surgeons (FRACS)

Otolaryngology – Head and Neck Surgery

Fellowship of the Royal Australasian College of Surgeons (FRACS)

Paediatric Surgery

Fellowship of the Royal Australasian College of Surgeons (FRACS)

Pain Medicine

Fellowship of the Faculty of Pain Medicine, Australian and New Zealand College of Anaesthetists (FPMANZCA)

Palliative Medicine

Fellowship of the Royal Australasian College of Physicians (FRACP)

or

Fellowship of the Australasian Chapter of Palliative Medicine, Royal Australasian College of Physicians (FAChPM)

Plastic and Reconstructive Surgery

Fellowship of the Royal Australasian College of Surgeons (FRACS)

Psychiatry

Fellowship of the Royal Australian and New Zealand College of Psychiatrists (FRANZCP)

Public Health Medicine

Fellowship of the Australasian Faculty of Public Health Medicine (FAFPHM)

Radiation Oncology

Fellowship of the Royal Australian and New Zealand College of Radiologists (FRANZCR)

Rehabilitation Medicine

Fellowship of the Australasian Faculty of Rehabilitation Medicine (FAFRM)

Reproductive Endocrinology and Infertility

Fellowship of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (FRANZCOG)

Respiratory and Sleep Medicine

Fellowship of the Royal Australasian College of Physicians (FRACP)

Rheumatology

Fellowship of the Royal Australasian College of Physicians (FRACP)

Urogynaecology

Fellowship of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (FRANZCOG)

Urology

Fellowship of the Royal Australasian College of Surgeons (FRACS)

Vascular Surgery

Fellowship of the Royal Australasian College of Surgeons (FRACS)

7.Prescribed period for registration and renewal of registration under section 45

(1)For the purposes of section 45(1)(a) of the Act, the prescribed period for which registration has effect is a period equal to the period commencing on the day on which registration is granted and ending on the next succeeding 30 September.

(2)For the purposes of section 45(1)(b) of the Act, the prescribed period for which registration may be renewed is a period equal to the period commencing on the day on which the registration is renewed and ending on the next succeeding 30 September.

8.Day on which fee falls due under section 46(2)

For the purposes of section 46(2) of the Act, the day in each year on which the prescribed fee for the renewal of registration falls due is 30 September.

9.Prescribed information under section 48(2)(j)

For the purposes of section 48(2)(j) of the Act, the following information is prescribed —

(a)any offence under the Act for which the medical practitioner has been convicted;

(b)the date on which the medical practitioner was first registered under section 30, 31, 32, 33, 34, 35 or 38 of the Act;

(c)that a condition applying to the registration has been imposed at the request of the medical practitioner;

(d)any cancellation or suspension of a medical practitioner’s registration as a medical practitioner or specialist in another State or a Territory;

(e)any condition imposed on a medical practitioner’s registration as a medical practitioner or specialist in another State or a Territory.

10.Amendment of particulars

An application under section 53 of the Act for the amendment of the particulars entered in the register must —

(a)be made in an approved form; and

(b)be accompanied by —

(i)the fee prescribed in Schedule 1 item 14; and

(ii)the original certificate or diploma referred to in the application or other evidence that satisfies the Board that the amendment may properly be made.

11.Certificate of good standing

The Board may on payment of the fee prescribed in Schedule 1 item 15 issue to a medical practitioner a certificate of good standing in respect of the medical practitioner.

[12.Deleted in Gazette 31 Jul 2009 p. 3025.]

13.Appointment of a conciliator

(1)After consulting a person with knowledge of and experience in the conciliation of complaints, the complaints assessment committee may appoint a person with knowledge of and experience in the conciliation of complaints to be a conciliator to preside over a conference under section 110(2) of the Act.

(2)The Board may pay a conciliator appointed under this regulation a fee for, and such reasonable expenses as may be incurred by the conciliator in, presiding over conferences under section 110(2) of the Act.

14.Information relating to certain business structures

For the purposes of section 138(1) of the Act, the following particulars are prescribed —

(a)the name of the business;

(b)the type of structure of the business;

(c)the business’s principal place of business;

(d)the name of any director, shareholder or partner of the business.

15.Fees

The fees in Schedule 1 are the prescribed fees payable in respect of the matters specified in that Schedule and the persons liable for payment of the fees are the persons specified in that Schedule.

16.Fees for registration under the Mutual Recognition (Western Australia) Act 2001

The fees in Schedule 2 are prescribed as the fees payable in respect of the registration of a person entitled under the Mutual Recognition Act 1992 (Commonwealth), as adopted by the Mutual Recognition (Western Australia) Act 2001, to be registered in this State as a medical practitioner.

17.Reduction, waiver or refund of fees

The Board may authorise the reduction, waiver or refund of any fee provided for in these regulations if the Board considers it appropriate to do so.

 

Schedule 1  Fees

[r. 15]

 

Type of fee

Provision
of Act

Fee
$

1.

Subject to item 2A, registration fee payable by a person if registration is effected under section 30




s. 30(1)(b)




385

2A.

Registration fee payable by a person if —

(a)registration is effected under section 30; and

(b)the person is retired from regular practice and intends to practise only on an occasional basis









s. 30(1)(b)









100

2.

Registration fee payable by a person if registration is effected under section 31


s. 31(1)(b) or (2)(b)



385

3.

Fee payable by a person who applies for registration under the Act section 30 or 31 for the conduct of criminal record screening




s. 30, 31 and 148(2)(h)





30

4.

Registration fee payable by a person for provisional registration



s. 32(1)(c)



50

5.

Registration fee payable by a person for conditional registration for general practice in remote and rural WA




s. 33(2)(b)




385

6.

Registration fee payable by a person for special purpose conditional registration



s. 34(2)(c)



385

7.

Registration fee payable by a person for non‑practising registration



s. 35(1)(b)



80

8.

Registration fee payable by a person for registration as a specialist



s. 38(1)(b)



385

9.

Fee payable by the applicant to accompany an application for registration under the following sections —




s. 41(2)(c)

 

 

(a)s. 30(1)

 

165

 

(b)s. 31(1) for internship

 

165

 

(c)s. 31(1) for supervised clinical practice

 


300

 

(d)s. 31(2)

 

300

 

(e)s. 32(1)

 

300

 

(f)s. 33(2)

 

300

 

(g)s. 34(2)

 

300

 

(h)s. 35(1)

 

165

 

(i)s. 38(1)

 

165

10.

Fee payable by a medical practitioner for renewal of registration



s. 46(2)



385

11.

Additional amount to be paid to the Board by an applicant to have name restored to the register




s. 46(3)(c)




85

12.

Fee payable by a person who applies for a certified copy of the register or an entry in the register for the copy




s. 49(4)




30

13.

Fee payable by an applicant for a duplicate certificate of registration



s. 51(2)



30

14.

Fee payable by an applicant for amendment of particulars entered in the register



s. 53



30

15.

Fee payable by a medical practitioner for a certificate of good standing


r. 11 and s. 148(2)(h)



50

[Schedule 1 correction in Gazette 5 Dec 2008 p. 5087; amended in Gazette 31 Jul 2009 p. 3025.]

Schedule 2  Fees relating to registration under the Mutual Recognition (Western Australia) Act 2001

[r. 16]

 

Type of fee

Fee
$

1.

Fee payable on lodging a written notice seeking registration in accordance with mutual recognition principle



165

2.

Registration fee for grant of registration in accordance with mutual recognition principle if registration is effected in the months of April, May, June, July, August or September




195

3.

Registration fee for grant of registration in accordance with mutual recognition principle if registration is effected in the months of October, November, December, January, February or March





385

 

Notes

1This is a compilation of the Medical Practitioners Regulations 2008 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation

Gazettal

Commencement

Medical Practitioners Regulations 2008

25 Nov 2008 p. 4999-5018 (Printers correction 5 Dec 2008 p. 5087)

r. 1 and 2: 25 Nov 2008 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Dec 2008 (see r. 2(b) and Gazette 25 Nov 2008 p. 4989)

Medical Practitioners Amendment Regulations 2009

31 Jul 2009 p. 3025-6

r. 1 and 2: 31 Jul 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Aug 2009 (see r. 2(b))

These regulations were repealed by the Health Practitioner Regulation National Law (WA) Act 2010 s. 15(2)(e) (No. 35 of 2010) as at 18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)