MEDICAL PRACTITIONERS REGISTRATION ACT 1996 · 2013-12-16 · TASMANIA MEDICAL PRACTITIONERS...

TASMANIA

MEDICAL PRACTITIONERS REGISTRATION ACT 1996

No. 2 of 1996

CONTENTS

PARTI-PRELmuNARY

1. Short title

2. Commencement

3. Interpretation

4. Act binds Crown

PART 2 - MEDICAL COUNCIL OF TASMANIA

Division 1 - The Council

5. Continuation of Council

6. Membership of Council

Division 2 - Functions, powers and objectives

7. Functions of Council

8. Powers of Council

9. Objectives of Council

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10. Delegation

Division 3 - MiscellaneoUII

11. Committees

12. Employees

13. Use by Council of services of persons

14. Protection from liability

Division 4 - Finance and reports

15. Funds of Council

16. Audit

17. Accounts

18. Annual report

PART 3 - REGISTRATION

Division 1 - Applications and categories of registration

19. General registration

20. Conditional registration for interns

21. Conditional registration for special purposes

22. Non-practising registration

23. Application requirements

Division 2 - Determination of entitlement

24. Entitlement to registration

25. Interim registration

. 26. Assessment of entitlement

27. Recommendation of committee of assessors

Division 3 - Grant or refusal of registration

28. Determination of application

29. Special grounds for refusing to grant registration

30. Review of registration conditions

31. Certificates of registration

32. Offences in relation to certificates of registration

Division 4 - Register of Medical Practitioners

33. Register

34. Correction of register

35. Additional particulars and qualifications

36. Inspection of register

37. Publication of register, &c.

38. Protection of private information

39. Annual registration fees

40. Removal from register

41. Deregistered person must surrender certificate

42. Restoring name to register

43. Evidentiary provisions

PART 4 - DISCIPLINE

Division 1 - Complaints

44. Making complaints

45. Specific matters in respect of which complaints may be made

46. Complaints procedure

47. Referral of complaints

48. Frivolous, vexatious and unsubstantial complaints to be dismissed

49. Procedure for less serious complaints

Division 2 - The Medical Complaints Tribunal

50. Establishment and constitution of Tribunal, &c.

51. Function of Tribunal

Division 3 - Action following inquiry

52. Actions that may be taken by Tribunal

53. Costs and expenses of inquiries

54. Notice of decision

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Division 4 - Suspension

55. Suspension of registration

56. Revocation of suspension

Division 5 - Miscellaneous

57. Evidence offacts found in other proceedings

58. Inspectors

59. Power of inspectors

60. Specific investigative powers

PART 5 - APPEALS

61. Right of appeal

62. Hearing of appeals

PART 6 - OFFENCES

Division 1 - Protection of the profession

63. Offence to practise medicine, &c., if unregistered

64. False claims

65. Unauthorised use of certain titles

66. Advertising offences

Division 2 - Offences by practitioners and bodies corporate

67. Prescriptions

68. Failure to notify Council of civil claims

69. Improper disposal of medical records

70. Provision of medical services by bodies corporate

Division 3 - General offences

71. Offences of dishonesty

72. Obstruction

73. Offences relating to assessments and inquiries, &c.

74. Failure to comply with orders

PART 7'- MISCELLANEOUS

Division 1 - Obligations to provide information

75. 'Medic~l practitioners' notices relating to fitness to practise

76. Provision of information by bodies corporate

Division 2 - Administrative and legal

77. Service of documents

78. Common seal of Council

79. Presumptions

80. Appropriation of fees, penalties and fines

81. No right of recovery by unregistered person, &c.

82. Punishment of conduct constituting an offence

83. Offences by bodies corporate

84. Act does not prohibit certain practices

85. Regulations

Division 3 - Consequential and transitional

86. Repeals

87. Consequential amendments

88. Savings and transitional provisions

89. Interim fees

90. Administration of Act

SCHEDULE 1 - PROVISIONS WITH RESPECT TO MEMBERSmp OF COUNCIL

SCHEDULE 2 - PROVISIONS WITH RESPECT TO MEETINGS OF COUNCIL

SCHEDULE 3 - POWERS AND PROCEDURES OF COMMITTEES OF ASSESSORS AND THE TRmUNAL

SCHEDULE 4 - PROVISIONS WITH RESPECT TO MEMBERSmp OF TRIBUNAL

SCHEDULE 5 - PROVISIONS WITH RESPECT TO PROCEEDINGS OF TRmUNAL

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SCHEDULE 6 - PROVISIONS WITH RESPECT TO WARRANTS

SCHEDULE 7 - CONSEQUENTIAL AMENDMENTS

SCHEDULE 8 - SAVINGS AND TRANSITIONAL PROVISIONS

SCHEDULE9-INTERUWFEES

MEDICAL PRACTITIONERS REGISTRATION ACT 1996

No. 2 of 1996

An Act to provide for the registration of medical practitioners, the regulation of the practice of medicine, the repeal of the Medical Act 1959 and for related purposes

[Royal Assent 27 May 1996]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - PRELIMINARY

Short title

1. This Act may be cited as the Medical Practitioners Registration Act 1996.

Commencement

2. This Act commences on a day to be proclaimed.

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No. 2 Medical Practitioners Registration 1996

Interpretation

3. (1) In this Act, unless the contrary intention appears -

"applicant" means a person who submits an application to the Council;

"application" means an application to be registered as a medical practitioner;

"approved" means approved by the Council;

"assessment" means an assessment of an applicant's entitlement to be registered;

"Australian Medical Council" means the body incorporated in the Australian Capital Territory, for the purpose of advising on standards for the registration of medical practitioners, called the Australian Medical Council Incorporated;

''business address" means the address of the premises at which a person practises medicine;

"certificate of registration" means a certificate issued by the Council under section 31 or 39;

"committee" means a committee established by the Council under section 11;

"committee of assessors" means a committee that conducts an assessment;

"complaint" means a complaint made under section 44' ,

"contravene" includes fail to comply;

"Council" means the Medical Council of Tasmania;

1996 Medical Practitioners Registration No. 2

"defendant" means a registered medical practitioner who is the subject of an inquiry;

"financial year" means the 12 month period ending on 30 June in any year;

"foreign medical law" means a law of a jurisdiction outside this State relating to the registration, licensing or enrolment of medical practitioners;

"functions" includes duties;

"inquiry" means an inquiry conducted by the Tribunal under Division 2 of Part 4;

"interim certificate of registration" means an interim certificate of registration issued by the Registrar under section 25;

''legal practitioner" means a person who is a legal practitioner within the meaning of the Legal Profession Act 1993;

"medical practitioner" means a person who practises medicine;

"medical registration authority" means a body established under the law of another State or a Territory of the Commonwealth having functions similar to the functions of the Council;

"medical services company" means a body corporate that is formed for the purpose of providing medical services;

''member'' means a member of the Council and includes the President;

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''non-practising registration" means registration under section 22;

"notice" means notice in writing;

"practise" means practise medicine;

''practising registration" means registration under section 19, 20 or 21;

''President'' means the President of the Council;

"register" means the Register of Medical Practitioners kept by the Council under section 33;

"registered" means registered under this Act;

"registered medical practitioner" means a person who is registered as a medical practitioner;

"Registrar" means the Registrar of the Council appointed under section 12;

"report" includes publish;

"Secretary" means Secretary of the Department;

"specified" means specified in writing by the Council;

'Tribunal" means the Medical Complaints Tribunal established under section 50.

(2) In this Act,· a reference to a body corporate does not include a body corporate that is a State authority within the meaning of the Tasmanian State Service Act 1984.

(3) Unless the contrary intention appears, the expressions ''registered medical practitioner", ''legallyqualified medical practitioner" and "duly qualified


medical practitioner" in any Act or instrument means a registered medical practitioner within the meaning of this Act.

Act binds Crown

4. This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

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PART 2 - MEDICAL COUNCIL OF TASMANIA

Division 1 - The Council

Continuation of Council

5. (1) The Medical Council of Tasmania continued in existence by section 4 of the Medical Act 1959 is continued as a body corporate with perpetual succession and a common seal.

(2) The Council may -

(a) acquire, hold, dispose of and otherwise deal with property; and

(b) sue and be sued in its corporate name.

Membership of Council

6. (1) The Council consists of-

(a) 9 registered medical practitioners nominated by the Minister; and

(b) one legal practitioner, of not less than 10 years' standing, nominated by the Minister; and

(c) one person, who is not a medical practitioner or legal practitioner, nominated by the Minister to represent the interests of consumers of medical services.

(2) The members are appointed by the Governor.

(3) The Governor may appoint a member referred to in subsection (l)(a) as President.


(4) The Minister must cause notice of the appointment of a member, and the appointment of a member as President, to be published in the Gazette and the copy of the Gazette containing that notice is conclusive evidence of the appointment.

(5) Schedule 1 has effect with respect to membership of the Council.

(6) Schedule 2 has effect with respect to meetings of the Council.

Division 2 - Functions, powers and objectives

Functions of Council

7.· The Council has the following functions:

(a) to administer the scheme of registration under Part 3;

(b) to supervise the practice of medicine in this State;

(c) to examine complaints and, as necessary, refer them to the Tribunal for inquiry;

(d) to prosecute offences against this Act;

(e) to monitor the standard and provision of medical services in this State;

(f) to monitor standards of medical education and training;

(g) to advise the Minister on matters relating to this Act;

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(h) such other functions as may be imposed on the Council by this or any other Act or as may be prescribed.

Powers of Council

8. The Council has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, has power to-

(a) share information with medical registration authorities, the Australian Medical Council and other relevant bodies; and

(b) publish and distribute information concerning this Act to registered medical practitioners and other interested persons; and

(c) support medical education and training; and

(d) conduct assessments; and

(e) provide counselling services for registered medical practitioners; and

(f) do anything incidental to any of its powers.

Objectives of Council

9. The Council must perform its functions and exercise its powers under this Act so as to -

(a) ensure that medical services provided to the public are of the highest possible standard; and

(b) ensure that according to standards; and

persons practise medicine the highest professional


(c) guard against unsafe, incompetent and unethical medical practices.

Delegation

10. The Council may delegate any of its functions or powers, other than this power of delegation, to a member of the Council, the Registrar or a committee.


Committees

11. (1) The Council may establish such committees as it considers necessary for the purpose of assisting it in the performance of any of its functions or the exercise of any of its powers or advising it on any matter relating to this Act.

(2) A committee comprises such persons as the Council appoints.

(3) A member of the Council may be a member of a committee.

(4) Subject to subsection (5), a member of a committee is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Council may from time to time determine and any such remuneration is to be paid by the Council.

(5) A member of a committee who is an employee, or a person holding or acting in an office, under the Tasmanian State Service Act 1984 or in an Agency within the meaning of that Act is not entitled to remuneration under subsection (4) except with the approval of the Minister administering that Act.

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s.12 No. 2 Medical Practitioners Registration 1996

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(6) The Council may give written directions to a committee and the committee must comply with those directions.

(7) A committee must keep accurate minutes of its proceedings.

(8) Except as otherwise provided in this Act, a committee may regulate its own proceedings.

Employees

12. (1) The Council must appoint a Registrar and may appoint such other employees as may be necessary for the performance of its functions and the exercise of its powers.

(2) The Registrar is to act as secretary to the Council.

(3) The Tasmanian State Service Act 1984 does not apply to employees of the Council.

Use by Council of services of persons

13. (1) The Council may arrange with the Head of an Agency within the meaning of the Tasmanian State Service Act 1984 for the services of persons employed in that Agency to be made available to the Council.

(2) The Council may arrange with any other person for the services of persons employed by that person to be made available to the Council.

(3) The cost of making a person's services available to the Council in accordance with this section is to be met by the Council.


Protection from liability

·14. A person who is an employee of the Council or a member of a committee does not incur any personal liability for any act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act.

Division 4 - Finance and reports

Funds of Council

15. (1) The Council is to keep such bank accounts as it considers necessary.

(2) The funds of the Council are to be paid to the credit of such of the accounts referred to in subsection (1) as it determines and are to consist of -

(a)· money received by way of fees, fines, penalties and charges paid to or recovered by the Council; and

(b) any money borrowed by the Council; and

(c) any money received by the Council from other sources.

(3) The funds of the Council are to be applied -

(a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Council in the performance of its functions or the exercise of its powers; and

(b) in the payment of any remuneration payable by the Council.

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(4) The Council may invest any money that it is holding in any manner in which a trustee is authorised by law to invest trust funds.

Audit

16. (1) The accounts of the Council are subject to the Financial Management and Audit Act 1990.

(2) The Council must pay into the Consolidated Fund such amounts as the Treasurer may require towards the reasonable costs and expenses of audits conducted pursuant to this section.

Accounts

17. The Council must keep proper accounts and records of its financial affairs and, not later than 31 August after the end of each financial year, prepare a statement of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the Council for that financial year.

Annual report

18. (1) The Council must, not later than 31 October after the end of each financial year, give the Minister a report on its operations f:>r that financial year.

(2) The report is to incorporate the audited statement of accounts prepared for that financial year under section 17.

(3) The Minister may, in writing, direct the Council to prepare the report in a particular way or to include particular information in the report.


(4) The report may be appended to the annual report . of the Department.

(5) Subsection (4) has effect notwithstanding section 33AB(2) of the Tasmanian State Service Act 1984 and section 27(2) of the Financial Management and Audit Act 1990.

(6) If the Council's report is not appended to the annual report of the Department, the Minister must cause the Council's report to be laid before each House of Parliament by not later than 30 November after the end of the financial year to which it relates.

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PART 3 - REGISTRATION

Division 1 - Applications and categories of registration

General registration

19. A person may apply to the Council to be registered as a medical practitioner if the person -

(a) has medical qualifications gained as a graduate of an institution accredited by the Australian Medical Council or as a result of an examination held by the Australian Medical Council; and

(b) has, to the satisfaction of the chief executive officer of the relevant hospital, completed the approved period of training as an intern or the approved period of supervised training.

Conditional registration for interns

20. (1) In this section, "appropriate conditions" means conditions that the Council considers appropriate to enable a person to complete the approved period of training as an intern.

(2) A person may apply to the Council to be registered as a m~dical practitioner subject to appropriate conditions if the person -

(a) has medical qualifications gained as a graduate of an institution accredited by the Australian Medical Council or as a result of an examination held by the Australian Medical Council; and


(b) has started, or is about to start, the approved period of training as an intern.

Conditional registration for special purposes

21. (1) In this section, "appropriate conditions" means conditions that the Council considers appropriate in the circumstances.

(2) A person who is not eligible to apply for registration under section 19 or 20 may nevertheless apply to the Council to be registered as a medical practitioner subject to appropriate conditions for anyone or more of the following purposes:

(a) to enable the person to undertake a period of approved postgraduate training in medicine if the person is a graduate of medicine of an institution that is not accredited by the Australian Medical Council;

(b) to enable the person to undertake the approved period of supervised training if the person has not yet completed an examination held by the Australian Medical Council;

(c) to enable the person to undertake further· specialist training or an examination required for recognition by the relevant Australian specialist college or institution if the person has specialist qualifications and experience not recognised by such college or institution;

(d) to enable the person to take up a medical teaching or research position if that person has approved qualifications for the position;

(e) to enable the person to practise within a specialty if the person has specialist

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qualifications and experience recognised by the relevant Australian specialist college or institution;

(f) to enable the person to practise if the Council considers it to be in the public interest for the person to do so;

(g) to enable the person to practise in a declared area of need if the person has approved qualifications and experience.

(3) For the purposes of subsection (2)(g), the Secretary may declare an area as an area of need if -

(a) the number of general medical practitioners or specialist medical practitioners in the area is insufficient to provide an appropriate level of medical service to the community in the area; and

(b) no persons, or not enough persons, who are eligible to be registered as medical practitioners under section 19 are able or available to provide those services in the area.

(4) A declaration under subsection (3) remains in force until revoked by the Secretary.

Non-practising registration

22. A person who is eligible to apply for registration under this Division but does not intend to practise may apply to the Council to be registered subject to a condition that the person does not practise.


Application requirements

23. (1) An application for registration is to be-

(a) in a form approved by the Council; and

(b) lodged with the Registrar; and

(c) accompanied by the prescribed application fee and prescribed annual registration fee; and

(d) accompanied by such information or evidence as the Council requires.

(2) The Council may require an applicant to provide such further information or evidence as it considers necessary in order to consider the application.

(3) The Council may waive the payment of all or part of the prescribed application fee or prescribed annual registration fee.

Division 2 - Determination of entitlement

Entitlement to registration

24. (1) An applicant for practising registration is entitled to be registered as a medical practitioner if the Council is . satisfied that the applicant -

(a) is eligible to be so registered; and

(b) has sufficient physical capacity, mental capacity and skill to practise or, in a case to which section 21(2)(d) applies, undertake the relevant medical teaching or research; and

(c) is of good fame and character; and

(d) has an adequate command of the English language; and

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(e) is an Australian citizen or resides in a State or Territory of the Commonwealth.

(2) An applicant for non-practising registration is entitled to be registered as a medical practitioner subject to the condition referred to in section 22 if the Council is satisfied that the applicant -

(a) is eligible to be so registered; and

(b) is of good fame and character; and

(c) is an Australian citizen or resides in a State or Territory of the Commonwealth.

Interim registration

25. (1) The Registrar may grant interim registration to an applicant for practising registration if the Registrar reasonably considers that the applicant -

(a) is eligible to be registered under section 19 or 21 but it is not practicable to wait until the Council can consider the application; or

(b) is eligible to be registered under section 20 but has not yet been (ormally awarded the medical qualifications referred to in that section.

(2) Interim registration granted to a person who the Registrar considers is eligible to be registered under section 19 may be granted unconditionally or subject to conditions.

(3) Interim registration granted to a person who the Registrar considers is eligible to be registered under section 20 or 21 is to be granted subject to such conditions as the Registrar considers appropriate.


(4) The Registrar must issue an interim certificate of . registration to a person who is granted interim registration.

(5) The interim certificate of registration is to be in such form, and contain such information, as the Registrar determines.

(6) A person to whom interim registration is granted is taken to be a registered medical practitioner for the period during which the interim registration is in force subject to the conditions, if any, determined by the Registrar and specified in the interim certificate of registration.

(7) A person's interim registration is in force from the date on which it is granted until the date on which the person receives notice that the Council has -

(a) registered the person; or

(b) refused to register the person; or

(c) cancelled the interim registration.

(8) The Council may cancel a person's interim registration for any reason it considers sufficient.

(9) If the Council decides to cancel a person's interim registration it must immediately give the person notice of its decision and the reasons for its decision.

(10) A notice under subsection (9) is to be served personally on the affected person and, on the service of the notice, the person's interim registration is cancelled.

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Assessment of entitlement

26. (1) The Council may, pursuant to section 11, establish a committee of assessors to assess the entitlement to registration of an applicant for practising registration.

(2) A committee of assessors is to consist of 3 registered medical practitioners.

(3) Schedule 3 has effect in relation to the powers and procedures of committees of assessors.

(4) In a case to which this section applies, the Registrar must give notice to the applicant and the Secretary in writing of -

(a) the reasons for holding the assessment; and

(b) the date, time and place set for the assessment.

(5) A notice under subsection (4) is to be given to the applicant at least 14 days before the date, or first date, set for the assessment.

Recommendation of committee of assessors

27. (1) After assessing the entitlement to registration of an applicant to whom section 19 applies, a committee of assessors must provide the Council with a written report containing -

(a) a recommendation as to whether the applicant is entitled to be registered as a medical practitioner and, if so, whether the registration should be uncoriditional or subject to conditions; and

(b) if the Committee recommends that the applicant is entitled to be registered subject to


conditions - a further recommendation as to what those conditions should be.

(2) After assessing the entitlement to registration of an applicant to whom section 20 or 21 applies, a committee of assessors must provide the Council with a written report containing a recommendation as to whether the applicant is entitled to be registered as a medical practitioner and, if so, what the conditions of that registration should be.

(3) A report under subsection (1) or (2) is to-

(a) contain any findings on questions of fact and the evidence or other material on which those findings are based; and

(b) set out the reasons for any recommendation.

Div~sion 3 - Grant or refusal of registration

Determination of application

28. (1) In this section, "agreed period" means a period agreed upon by the Council and the applicant for the purpose of this section.

(2) If the Council is satisfied that an applicant to whom section 19 applies is entitled to be registered it must register the applicant and it may do so unconditionally or subject to conditions.

(3) If the Council is satisfied that an applicant to whom section 20 or 21 applies is entitled to be registered it must register the applicant subject to such conditions as the Council considers appropriate in the circumstances.

(4) If the Council is satisfied that an applicant to whom section 22 applies is entitled to be registered it must

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register the applicant subject to the condition that the applicant does not practise.

(5) In a case to which subsection (2), (3) or (4) applies, the Council must give notice to the applicant of -

(a) the applicant's registration; and

(b) if the registration is conditional - the conditions that the registration is subject to; and

(c) unless the applicant has sought non-practising registration - the applicant's rights of appeal and review in respect of those conditions.

(6) If the Council is not satisfied that an applicant is entitled to be registered it must refuse to register the applicant.

(7) If the Council does not register an applicant within a period of 3 months or a further agreed period after his or her application is lodged the Council is taken to have refused to register the applicant.

(8) In a case to which subsection (6) or (7) applies, the Council must give notice to the applicant of -

(a) the refusal to register the applicant, the reasons for the refusal and the applicant's right of appeal; and

(b) refund the annual registration fee that accompanied the application.

Special grounds for refusing to graJlt registration

29. Without limiting the matters that the Council may have regard to under section 24(1)(b) or (c), the Council may determine that an applicant for practising


registration is not entitled to be registered as a medical practitioner if -

(a) the applicant's authority to practise under a foreign medical law has been cancelled or suspended for a reason relating to the person's professional conduct or physical or mental capacity; or

(b) the applicant has been convicted in Tasmania or elsewhere of a crime or an offence of a kind that, in the Council's opinion, makes it not in the public interest to allow the applicant to practise; . or

(c) the Council considers it is not in the public interest to grant the application because of the applicant's habitual taking of intoxicating liquors or harmful drugs.

Review of registration conditions

30. (1) A person may, at intervals of not less than 12 months each, apply to the Council for a review of a condition that the person's registration has been made subject to under section .28(2) or (3).

(2) A person's right under subsection (1) is in addition to that person's right of appeal under section 61(1)(b).

(3) The Council on its own motion may at any time review a condition that a person's registration has been made subject to under section 28(2) or (3).

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Certificates of registration

31. (1) The Council must issue a certificate of registration to a person who is granted registration.

(2) A certificate of registration is to -

(a) be in such form and contain such information as the Council determines; and

(b) specify the conditions, if any, to which the registration is subject.

(3) A certificate of registration is evidence that, for the period or until the date specified in the certificate -

(a) the person named in the certificate is a registered medical practitioner; and

(b) in the case of practising registration - the person named in the certificate is entitled to practise medicine in this State subject to the conditions, if any, specified in the certificate.

(4) If the Council is satisfied that a certificate of registration has been lost or destroyed it may issue a replacement certificate, that is marked as such, upon payment of the prescribed fee.

(5) The Council, by notice, may require a registered medical practitioner to surrender his or her certificate of registration to enable the Council to issue that medical practitioner with a new certificate of registration with amended particulars.

(6) A registered medical practitioner who is given a notice under subsection (5) must surrender his or her certificate of registration to the Council within 14 days after receiving the notice or within such longer period as the Council may allow .


Penalty: Fine not exceeding 15 penalty units.

Offences in relation to certificates of registration

32. A person who is issued with a certificate of registration or an interim certificate of registration must not-

(a) lend or agree to lend that certificate to another person; or

(b) allow that certificate to be used by another person.


Division 4 - Register of Medical Practitioners

Register

33. (1) The Council must keep a register called the Register of Medical Practitioners.

(2) The Council must record the following information in the register in relation to each person who is granted practising registration:

(a) the person's full name;

(b) the person's business address;

(c) the person's qualifications;

(d) the date of the person's registration;

(e) the type of registration;

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(f) any conditions that the person's registration has been made subject to under section 28(2) or (3).

(3) The Council must record the following information in the register in relation to each person who is granted non-practising registration:

(a) the person's full name;

(b) the person's qualifications;

(c) the date of the person's registration.

(4) The Council must record the following matters in the register:

(a) the renewal of a person's registration;

(b) the suspension of a person's registration;

(c) any conditions that a person's registration has been made subject to under section 52(1)(d);

(d) the removal from the register of a person's name;

(e) the restoration to the register of a person's name;

(f) subject to section 35(2) and (3) - additional qualifications gained by a registered person;

(g) any change in the name of a registered person;

(h) any change in the business address of a registered person.

(5) The register may contain such other information as the Council considers necessary or appropriate.


(6) A registered medical practitioner or a medical practitioner whose registration is suspended must, within 14 days of changing his or her name or business address, give the Council notice of the change and the new name or address.


Correction of register

34. (1) A person may apply to the Council to have an inaccurate or erroneous entry in the register corrected and, if the Council is satisfied that the entry is inaccurate or erroneous, it must correct the register accordingly.

(2) No fee is payable for an application under subsection (1).

(3) The Council may require an applicant under subsection (1) to provide such further information or evidence as it considers necessary in order to consider the application.

Additional particulars and qualifications

35. (1) A registered medical practitioner may apply to the Council to have additional particulars or qualifications that are related to medical practice recorded in the register.

(2) An application under subsection (1) is to -

(a) be accompanied by the prescribed fee; and

(b) state the additional particulars or qualifications and the reasons for seeking their inclusion in the register; and

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(c) in the case of additional qualifications - be accompanied by evidence of the qualifications.

(3) The Council may require an applicant under this section to provide such further information or evidence as it considers necessary in order to consider the application~

(4) On receipt of an application under subsection (1), the Council may -

(a) record the additional particulars or qualifications in the register; or

(b) refuse to record the additional particulars or qualifications in the register.

(5) In a case to which subsection (4)(b) applies, the Council must give notice to the applicant of -

. (a) its refusal to record the additional particulars or qualifications in the register and the reason for the refusal; and

(b) the applicant's right of appeal.

Inspection of register

36. (1) A person may, on payment of the prescribed fee, inspect the register at the office of the Council.

(2) A person inspecting the register may, on payment of the prescribed fee, obtain a copy of or extract from the register.

(3) The Council may waive the payment of all or part of the prescribed fee for inspecting or obtaining a copy of or extract from the register.


Publication of register, &c.

37. (1) The Council may publish in the Gazette -

(a) a copy of the register or part of the register; or

(b) a notice of the grant of registration to any person including any conditions to which the registration has been made subject; or

(c) a notice of the removal from the register of the name of any person; or

(d) a notice of the restoration to the register of the name of any person; or

(e) a notice of the suspension of the registration of any person; or

(f) a notice of any disciplinary action taken under section 52 in respect of a registered person.

(2) The Council may provide a person with a copy of a notice referred to in subsection (1) on payment of the prescribed fee.

(3) The Council may waive the payment of all or part of the prescribed fee.

Protection of private information

38. Notwithstanding sections 36 and 37-

(a) the register made available for public inspection need not include the information, or all of the information, referred to in section 33(5); and

(b) a copy of the register or part of the register published in the Gazette need not include the

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information, or all of the information, referred to in section 33(5); and

(c) if the Council records a person's private address in the register, that address is not to appear in the register as made available for public inspection or be published in the Gazette.

Annual registration fees

39. (1) In this section -

"due date" means -

(a) 30 September; or

(b) if another date is prescribed - that date;

"registered medical practitioner" includes a person whose registration is suspended.

(2) A registered medical practitioner must, on or before the due date in each year -

(a) pay the Council the prescribed annual registration fee; and

(b) give the Council any information it requires.

(3) The Council may waive the payment of all or part of the prescribed annual registration fee.

(4) A registered medical practitioner who pays the prescribed annual registration fee after the due date but within 30 days after the due date is liable to pay the prescribed late fee.

(5) Subject to subsections (6) and (7), the Council must immediately issue a new certificate of registration to


each registered medical practitioner who pays the prescribed annual registration fee.

(6) The new certificate of registration is to be issued for the period commencing on the day immediately following the due date and ending on the expiry of the day constituting the next due date.

(7) The Council may refuse to issue the new certificate of registration if -

(a) in the case of a medical practitioner who holds practising registration - the Council is not satisfied that the medical practitioner complies with the requirements of section 24(1); or

(b) in the case of a medical practitioner who holds non-practising registration - the Council is not satisfied that the medical practitioner complies with the requirements of section 24(2).

(8) The Council must not issue a new certificate of registration to a medical practitioner who holds practising registration but has not practised for a period exceeding 5 years unless the Council is satisfied that the medical practitioner complies with the requirements of section 24(1).

(9) The name of a registered medical practitioner who fails to pay the prescribed annual registration fee and prescribed late fee within 30 days after the due date is to be removed from the register.

(10) The name of a registered medical practitioner who is refused the issue of a new certificate of registration pursuant to subsection (7) or (8) is to be removed from the register.

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(11) In a case to which subsection (10) applies, the Council must refund the prescribed annual registration fee and give the person notice of the person's right of appeal.

(12) A registered medical practitioner who is employed full-time in the service of the Commonwealth or in the defence forces of the Commonwealth and does not have a right of private practice is not required to pay the prescribed annual registration fee in respect of the period of such service.

Removal from register

40. (1) Subject to subsection (2)-

(a) the Council may remove from the register the name of a person who -

(i) contravenes a condition subject to which the person is registered; or

(ii) fails to pay, within the time specified for payment, a fine imposed on the person under section 52(1)(c); or

(iii) fails to comply with a requirement made of that person under section 52(1)(e); or

(iv) fails to honour an undertaking given to the Tribunal; and

(b) the Council must remove from the register the name of a person -

(i) who dies; or

(ii) who requests the Council to remove his or her name from the register; or


(iii) in respect of whom the Tribunal has made a decision under section 52(1)(a) which has taken effect; or

(iv) who ceases to be registered by virtue of section 39(9) or (10); or

(v) who IS no longer entitled to be registered; or

(vi) whose authority to practise under a foreign medical law has been cancelled for any reason relating to the person's professional conduct or physical or mental capacity; or

(vii) who has been registered by reason of a false or misleading statement or declaration.

(2) The Council must not remove a person's name from the register under subsection (l)(a) or (l)(b)(v), (vi) or (vii) without first affording that person a reasonable opportunity to be heard.

(3) If the Council removes a living person's name from the register it must immediately give the person notice of the removal.

(4) A notice under subsection (3) is-

(a) except in a case to which subsection (l)(b)(ii) applies - to specify the reasons for the removal; and

(b) except in a case to which subsection (l)(b)(ii) or (iii) applies - to inform the affected person of his or her right of appeal.

(5) A notice under subsection (3) is to be served personally on the person whose name has been removed

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from the register and, on the service of the notice, that person ceases to be a registered medical practitioner.

(6) If the Council removes a person's name from the register it may require that a specified period must elapse or that a specified condition must be fulfilled before that person may apply for registration.

Deregistered person must surrender certificate

41. A person who is given notice that his or her name has been removed from the register must surrender his or her certificate of registration to the Council within 7 days after receiving the notice or within such longer period as the Council may allow.

Penalty: Fine not exceeding 15 penalty units and a daily fine not exceeding 1·5 penalty units.

Restoring name to register

42. (1) Subject to this section, on payment of the prescribed restoration fee and annual registration fee the Council must restore a person's name to the register if -

(a) the person previously requested the removal of his or her name under section 40(1)(b)(ii) and requests that his or her name be restored to the register; or

(b) the person has had his or her name removed under section 40(1)(b)(iv) for non-payment of the prescribed annual registration fee and prescribed late fee.

(2) The Council may waive the payment of all or part of the prescribed restoration fee.


(3) A person's entitlement to have his or her name restored to the register under this section is an entitlement to have the name restored on the same conditions, if any, as applied to the person's registration immediately before the removal of the person's name from the register.

(4) The Council may refuse to restore a person's name to the register if it is not satisfied that the person complies with the relevant requirements specified in section 24.

(5) If the Council refuses to restore a person's name to the register it must, as soon as practicable, give the person notice of -

(a) the refusal and the reasons for the refusal; and

(b) the person's right of appeal.

(6) A notice under subsection (5) IS to be served personally on the affected person.

(7) Where a person's name is restored to the register pursuant to subsection (l)(b) within 12 months of its removal, the person is taken to have been registered on and from the day the person's name was removed from the register or on and from such later day as the Council determines and notifies to the person.

Evidentiary provisions

43. (1) A copy of an entry in the register purporting to be signed by the Registrar is evidence that the entry was duly made.

(2) A certificate purporting to be signed by the Registrar and stating anyone or more of the following matters is evidence of the matters stated:

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Medical Practitioners Registration 1996

(a) a person specified in the certificate was or was not a registered medical practitioner on a date or during a period specified in the certificate;

(b) the registration of a person specified in the certificate was subject to a condition specified in the certificate on a date or for a period specified in the certificate;

(c) the registration of a person specified in the certificate was suspended on a date or for a period specified in the certificate;

(d) the name of a person specified in the certificate was removed from the register on a date or for a period specified in the certificate.


PART 4 - DISCIPLINE

Division 1 - Complaints

Making complaints

44. (1) A person who is aggrieved by the conduct of a registered medical practitioner may complain to the Council. .

(2) A complaint may be made and dealt with under this Part even though the person who is the subject of the complaint has ceased to be a registered medical practitioner and, for that purpose, a reference in this Act to a registered medical practitioner includes a reference to a person who has ceased to be registered or whose registration is suspended.

(3) A complaint may be made or dealt with under this Part even though the registration of the person who is the subject of the complaint was suspended at the time of the matter complained of.

Specific matters in respect of which complaints may be made

45. (1) Without limiting the matters in respect of which a complaint may be made, a person may complain that a registered medical practitioner -

(a) has been registered by reason of a false or misleading statement or declaration; or

(b) no longer holds, or is no longer entitled to hold, a qualification by reason of which he or she was registered; or

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(c) lacks sufficient physical capacity, mental capacity or skill to practise; or

(d) is not entitled on other grounds to be registered; or

(e) is guilty of professional misconduct.

(2) Without limiting the matters that may constitute professional misconduct, a medical practitioner is guilty of such misconduct if the medical practitioner -

(a) contravenes a provision of this Act; or

(b) contravenes a foreign medical law; or

(c) contravenes a condition subject to which the medical practitioner is registered; or

(d) fails to pay, within the time specified for payment, a fine imposed on the medical practitioner under section 52(1)(c); or

(e) fails to comply with a requirement made of that medical practitioner under section 52(1)(e); or

(f) fails to honour an undertaking given to the Tribunal; or

(g) is incompetent in the practice of medicine; or

(h) behaves in a fraudulent or dishonest manner in the practice of medicine.

Complaints procedure

46. (1) A complaint is to -

(a) be made in writing; and


(b) contain particulars of the matter complained of; and

(c) identify the registered medical practitioner against whom the complaint is being made; and

(d) identify the person making the complaint; and

(e) be lodged with the Registrar.

(2) The Registrar must ensure that a person who wishes to make a complaint is given such reasonable assistance as is necessary to enable that person to make the complaint in accordance with this section.

(3) On receipt of a complaint, the Registrar must -

(a) record the date on which the complaint was received; and

(b) place the complaint before the Council without undue delay.

(4) The Council may require the complainant to provide further particulars of the complaint.

Referral of complaints

47. (1) Subject to subsection (2), the Council must refer each complaint to the Tribunal.

(2) A complaint need not be referred to the Tribunal if the Council considers that -

(a) the complaint is frivolous or vexatious; or

(b) the matter complained of is unsubstantial; or

(c) the matter complained of is not sufficiently serious to warrant an inquiry.

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(3) The Council, on its own motion, may refer to the Tribunal any matter that could be grounds for a complaint against a registered medical practitioner.

(4) Sections 44(2) and (3) have effect in respect of an inquiry of the Tribunal conducted pursuant to subsection (3) as if it were an inquiry on a complaint.

Frivolous, vexatious and unsubstantial complaints to be dismissed

48. If the Council considers that a complaint is frivolous or vexatious or that the matter complained of is unsubstantial it must dismiss the complaint.

Procedure for less serious complaints

49. (1) In this section, "prescribed matter" means -

(a) a matter giving rise to a complaint against a medical practitioner; or

(b) a matter that the Council considers could be grounds for a complaint against a medical practitioner.

(2) If the Council considers that a prescribed matter is not sufficiently serious to warrant an inquiry, it may, by notice, require the medical practitioner concerned to appear before it to give an explanation of the matter.

(3) If the prescribed matter relates to the physical or mental capacity of the medical practitioner, the Council may further require the medical practitioner to have a medical examination on the same terms as a medical examination required by the Tribunal.

(4) A notice under subsection (2) is to-


(a) be served personally; and

(b) set out particulars of the prescribed matter; and

(c) state that the medical practitioner is entitled to make submissions when appearing before the Council but IS not entitled to be represented; and

(d) state that the appearance before the Council is not open to the public; and

(e) inform the medical practitioner that he or she may request that the prescribed matter be referred directly to the Tribunal; and

(f) inform the medical practitioner of the other circumstances in which the prescribed matter may be referred to the Tribunal; and

(g) specify the date, time and place at which the medical practitioner is required to appear.

(5) The notice may contain such other information as the Council considers necessary or expedient.

(6) The date specified under subsection (4)(g) is to be not less than 14 days after the date on which the notice is served.

(7) The Council is not to take any further action in respect of a prescribed matter if, after hearing the explanation of the medical practitioner concerned, it is not satisfied that he or she is guilty in respect of that matter.

(8) If the Council is satisfied, after hearing the explanation, that the medical practitioner is guilty in respect of the prescribed matter but that it is not sufficiently serious to warrant an inquiry, the Council is to caution the medical practitioner.

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(9) The Council must refer a prescribed matter to the Tribunal if -

(a) the medical practitioner concerned fails to appear before the Council as required by a notice served under subsection (2) or, before the date of appearance specified in the notice, requests in writing that the matter be so referred; or

(b) in the course of giving an explanation of the prescribed matter the medical practitioner concerned requests, orally or in writing, that the matter be so referred; or

(c) after or in the course of hearing an explanation of the prescribed matter the Council determines that the· matter is sufficiently serious to warrant an inquiry; or

(d) in a case to which subsection (8) applies - the· medical practitioner concerned disputes his or her guilt.

(10) A meeting of the Council convened for the purposes of this section is not open to the public.

Division 2 - The Medical Complaints Tribunal

Establishment and constitution of Tribunal, &c.

50. (1) The Medical Complaints Tribunal is established.

(2) The Council is to appoint -

(a) one legal practitioner of not less than 10 years' standing; and

(b) one person who is not a medical practitioner or legal practitioner -


to be the permanent members of the Tribunal.

(3) The permanent member appointed under subsection (2)(a) is chairperson of the Tribunal.

(4) The Tribunal, in respect of each inquiry it conducts, is to consist of 5 members, being-

(a) the 2 permanent members; and

(b) 3 registered medical practitioners appointed by the Council for the purposes of that inquiry.

(5) A registered medical practitioner appointed to the Tribunal for the purposes of an inquiry is known as a special member.

(6) A special member is to be a medical practitioner who is considered by the Council to have skill, knowledge ot experience that is relevant to the inquiry in respect of which he .or she is appointed.

(7) A member of the 'Council is not eligible to be appointed as a permanent or special member' of the Tribunal.

(8) The Registrar is to act as secretary to the Tribunal.

(9) A person who is a member of the Tribunal does not incur any' personal liability for any act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act.

(10) Schedule 3 has effect in relation to the powers and procedures of the Tribunal.

(11) Schedule 4 has effect in relation to the membership of the Tribunal.

(12) Schedule 5 has effect In relation to the proceedings of the Tribunal.

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Function of Tribunal

51. The Tribunal must conduct an inquiry into each complaint that is referred to it by the Council and each matter that is referred to it by the Council under section 47(3).

Division 3 - Action following inquiry

Actions that may be taken by Tribunal

52. (1) On concluding an inquiry, the Tribunal may take anyone or more of the following actions:

(a) have the defendant's name removed from the register;

(b) have the defendant's registration suspended for a period not exceeding 12 months;

(c) impose on the defendant a fine not exceeding 50 penalty units;

(d) impose on the defendant a condition subject to which the defendant may continue to practise;

(e) require the defendant to take or refrain from taking specified action;

(£) caution or reprimand the defendant;

(g) dismiss the complaint or, in a case to which section 47(3) applies, clear the defendant.

(2) In the case of an inquiry relating to a matter referred to in section 45(1)(b), the Tribunal must, unless it dismisses the complaint or clears the defendant, take at least the action specified in subsection (1)(a).


(3) If the Tribunal imposes a fine under subsection . (1)(c) it must specify a period within which the fine is to be paid.

(4) For the purposes of subsection (1)(e) but without limiting the generality of that subsection, the Tribunal may require the defendant to do anyone or more of the following:

(a) carry out specified work for a specified person either free of charge or for a specified fee;

(b) waive or repay the whole or any part of any fees charged to or paid by a specified person in respect of specified work;

(c) be subject to periodic supervision or inspection by a specified person;

(d) seek appropriate advice in relation to the management of his or her practice.

(5) The Tribunal, as an alternative to taking action under subsection (1)(a), (b), (c), (d), (e) or (£), may accept an undertaking from the defendant to take or refrain from taking specified action, either generally or within a specified period of time.

Costs and expenses of inquiries

53. (1) The Tribunal may, in addition to exercising its powers under section 52, order the defendant to pay such costs and expenses of or arising from the inquiry as the Tribunal thinks fit.

(2) Subsection (1) does not apply if the Tribunal decides to dismiss the complaint against the defendant or, In a case to which section 47(3) applies, clear the defendant.

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(3) If the Tribunal decides to dismiss the complaint or, in a case to which section 47(3) applies, clear the defendant, it may, if it considers it fair to do so, order the Council to pay the costs and expenses or any part of the costs and expenses incurred by the defendant in respect of the inquiry.

(4) The Council must comply with an order of the Tribunal under subsection (3).

(5) Any costs or expenses ordered to be paid under subsection (1) are recoverable as a debt due to the Council.

Notice of decision

54. (1) When the Tribunal has decided what action to take under section 52, it must give the Council and the defendant notice of the decision and the reasons for the decision.

(2) The notice to the defendant is to -

(a) inform the defendant of his or her right of appeal; and

(b) be served personally.

(3) A decision of the Tribunal under section 52(1)(a), (b), (c), (d), (e) or (f) does not take effect until-

(a) the expiration of the period within which the defendant may lodge an appeal against the decision; or

(b) if the defendant lodges an appeal against the decision - the decision is confirmed or the appeal is withdrawn.


(4) The period referred to in subsection (3)(a) is taken to have commenced when notice of the Tribunal's decision is served on the defendant.

(5) If the Tribunal's decision takes effect, the Council may do any or all of the following:

(a) give notice of the decision to the Australian Medical Council and to such medical registration authorities and other medical bodies as the Council considers appropriate to notify;

(b) give notice of the decision to the Secretary;

(c) cause notice of the decision to be published in any professional publication related to the practice of medicine;

(d) cause notice of the decision to be published in any newspaper published and circulated generally in this State;

(e) cause notice of the decision to be published in the Gazette.

Division 4 - Suspension

Suspension of registration

55. (1) The Council may suspend the registration of a registered medical practitioner for such period not exceeding 12 months as the Council in the circumstances considers appropriate if -

(a) the medical practitioner contravenes a condition subject to which the medical practitioner is registered; or

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(b) the medical practitioner's authority to practise under a foreign medical law has been suspended for a reason relating to the medical practitioner's professional conduct or physical or mental capacity; or

(c) the medical practitioner fails to pay, within the time specified for payment, a fine imposed under section 52(1)(c); or

(d) the medical practitioner fails to comply with a requirement made of that medical practitioner under section 52(1)(e); or

(e) the medical practitioner fails to honour an undertaking given to the Tribunal; or

(D the Council reasonably considers the suspension necessary for the purposes of inquiring into a complaint made against that medical practitioner or inquiring into a matter that could be the subject of a complaint against that medical practitioner; or

(g) the Council considers that it is in the public interest to suspend the registration.

(2) The power of the Council to suspend a medical practitioner's registration under this section is in addition to the power of the Tribunal to suspend that medical practitioner's registration under section 52(1)(b).

(3) If the Council decides to suspend a medical practitioner's registration under this section it may afford that medical practitioner an opportunity to be heard but it is not required to do so.

(4) If the Council decides to suspend a medical practitioner's registration under this section it must make an appropriate note of the suspension and the reasons for


the suspenSIOn In the register and gIVe the medical practitioner notice of-

Ca) the suspension and the reasons for the suspension; and

Cb) the medical practitioner's right of appeal.

(5) A notice under subsection C 4) is to be served personally on the person whose registration is suspended and, on the service of the notice, the person ceases to be a registered medical practitioner until the period of suspension specified in the notice expires or the suspension is revoked by the Supreme Court under Part 5 or by the Council under section 56.

(6) A medical practitioner whose registration has been suspended must, if directed in writing to do so by the Council, return his or her certificate of registration to the Council within 7 days after receiving that direction or within such longer period as the Council may allow.


(7) If the Council suspends a medical practitioner's registration under this section it may, if it considers that it is. in the public interest to do so, do any or all of the following:

Ca) give notice of the suspension to the Australian Medical Council and to such medical registration authorities and other medical bodies as the Council considers appropriate to notify;

Cb) give notice of the suspension to the Secretary;

Cc) cause notice of the suspension to be published in any professional publication related to the practice of medicine;

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(d) cause notice of the suspension to be published in any newspaper published and circulated generally in this State;

(e) cause notice of the suspension to be published in the Gazette.

Revocation of suspension

56. If the Council suspends a medical practitioner's registration under section 55 it may, at any time and for any reason it considers sufficient, revoke the suspension.


Evidence of facts found in other proceedings

57. A finding of fact relating to the conduct of a registered medical practitioner made by a court or other tribunal in any proceedings to which that medical practitioner is a party, whether in this State or elsewhere, is evidence of that fact in any proceedings under this Part.

Inspectors

58. (1) If the Council reasonably suspects that -

(a) an unregistered person may be practising medicine; or

(b) there may be grounds for a complaint against a registered medical practitioner; or

(c) there may be grounds for removing a person's name from the register or suspending a person's registration; or


(d) a registered medical practitioner may lack the physical capacity, mental capacity or skill to practise medicine -

it may, in writing, authorise an employee of the Council or another person to act as an inspector to examine the matter.

(2) The Council is to issue an inspector with an identity card, in a form approved by the Council, being a card bearing at least a recent photograph of the inspector, the inspector's name and signature and the common seal of the Council.

(3) A person must, within 5 days of ceasing to be an inspector, return that person's identity card to the Council.


Power of inspectors

59. (1) In this section-

''premises'' includes a vehicle or vessel;

"examination" means an examination carried out by an inspector pursuant to section 58(1).

(2) An inspector may, on production of his or her identity card -

(a) enter any professional premises at any time with the consent of the occupier of those premises; and

(b) exercise all or any of the powers specified in section 60 with the consent of the occupier of those professional premises.

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(3) If an inspector considers on reasonable grounds that there is, or is likely to be, on any professional premises a document or thing that is, or is likely to be, relevant to an examination being carried out by the inspector, and that it is not possible or reasonable in the circumstances to rely on the power in subsection (2), the inspector may apply to a magistrate for a warrant.

(4) A magistrate to whom an application under subsection (3) is made may issue a warrant if satisfied that-

(a) the document or thing referred to in the application is, or is likely to be, relevant to the examination being carried out by the inspector; and

(b) there are reasonable grounds for believing that the document or thing is, or is likely to be, on the professional premises referred to in the application; and

(c) it will not be possible or reasonable in the circumstances for the inspector to rely on the power in subsection (2).

(5) Schedule 6 has effect with respect to a warrant issued under this section.

(6) A warrant issued under this section may be made subject to any conditions the magistrate considers appropriate.

(7) Subject to subsection (6), a warrant issued under this section authorises the inspector named in the warrant to enter and search the premises specified in the warrant and exercise such of the powers specified in section 60 as are not expressly excluded by the magistrate who issued the warrant.


(8) A person must not give, agree to give or offer to . an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an examination.


Specific investigative powers

60. (1) Subject to and for the purposes of section 59(2)(b) and (7), an inspector may exercise the following powers:

(a) inspect and search the premises generally;

(b) require the person apparently in charge of the premises to produce for inspection any document held at the premises;

(c) inspect and take notes of or extracts from any such document;

(d) make a copy of any such document;

(e) ask questions of and require answers from persons on the premises;

(f) take photographs;

(g) open and inspect containers or packages which the inspector reasonably suspects are used for the purpose of, or in connection with, medical practice;

(h) examIne or test any equipment held on the premIses;

(i) require a person registered or claiming to be registered to produce a certificate of registration;

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(j) if the inspector reasonably suspects that this Act has been contravened, seize and, on furnishing a receipt, remove anything that in the reasonable opinion of the inspector is evidence of the contravention;

(k) remove, on furnishing a· receipt, any document found on the premises to the custody and control of the Council for as long as the Council considers necessary or expedient.

(2) If the Council is satisfied that for legitimate reasons a person needs access to a document that has been removed from premises to the custody and control of the Council under subsection (l)(k), the Council in its discretion may -

(a) grant the person reasonable access to the document or to a copy of the document; or

(b) provide the person with a copy or certified copy of the document; or

(c) retain a copy of the document and return the original to the premises.


PART 5 - APPEALS

Right of appeal

61. (1) A person may appeal to the Supreme Court against any of the following:

(a) the refusal of the Council to register the person;

(b) a condition to which the person's registration is made subject under section 28(2) or (3);

(c) the removal of the person's name from the register, other than removal under section 40(1)(b)(ii) or (iii);

(d) the refusal of the Council to restore the person's name to the register under section 42;

(e) the suspension of the person's registration under section 55;

(f) the refusal of the Council to record in the register additional particulars or qualifications in respect of that person;

(g) the refusal of the Council to issue that person with a new certificate of registration under section 39(6) or (7);

(h) a decision of the Tribunal under section 52.

(2) The Council may appeal to the Supreme Court against -

(a) a decision of the Tribunal under paragraph (g) of section 52(1); or

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(b) any other decision of the Tribunal under section 52(1) if the Council considers that the action to be taken pursuant to the decision is an inadequate penalty in the circumstances.

(3) An appeal is to be made within 14 days after notice of the Council's or Tribunal's decision is given to the affected person.

Hearing of appeals

62. At the hearing of an appeal, the Supreme Court may -

(a) confirm the decision of the Council or Tribunal; or

(b) set aside the decision of the Council or Tribunal; or

(c) set aside the decision of the Council or Tribunal and substitute such other decision as the Council or Tribun~l has jurisdiction to take as the court specifies.


PART 6 - OFFENCES

Division 1 - Protection of the profession

Offence to practise medicine, &c., if unregistered

63. A person who is not a registered medical practitioner must not-

(a) practise medicine; or

(b) carry out an act that by or under an Act is required to be carried. out by a registered medical practitioner.

Penalty: Fine not exceeding 100 penalty units and a daily fine not exceeding 10 penalty units.

False claims

64. A person who is not a registered medical practitioner must not hold himself or herself out, or allow himself or herself to be held out, as being a registered medical practitioner or as being in any way authorised or qualified to practise medicine.


Unauthorised use of certain titles

65. A person who is not a registered medical practitioner must not practise a profession or trade under anyone or more of the following titles:

(a) medical practitioner;

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(b) registered medical practitioner;

(c) certified medical practitioner;

(d) licensed medical practitioner;

(e) qualified medical practitioner;

(f) such other title as may be prescribed.


Advertising offences

66. (1) A person must not advertise a medical practice or medical services in a manner that -

(a) is or is intended to be false or misleading; or

(b) offers a discount, gift or other inducement to attract patients; or

(c) refers to or cites actual or purported testimonials; or

(d) unfavourably compares another medical practice or other medical services with that medical practice or those medical services.

Penalty:

(a) in the case of a body corporate - a fine not exceeding 50 penalty units; or

(b) in any other case - a fine not exceeding 25 penalty units.

(2) A person who, in good faith, publishes or prints an advertisement that contravenes subsection (1) on behalf


of another person is not guilty of an offence under that subsection.

Division 2 - Offences by practitioners and bodies corporate

Prescriptions

67. A registered medical practitioner who writes a prescription must -

(a) ensure that the medical practitioner's name and business address are clearly and indelibly stamped or printed on the prescription; and

(b) specify in the prescription the date on which it is written; and

(c) sign it with his or her usual signature.


Failure to notify Council of civil claims

68. (1) A registered medical practitioner must give the Council notice within 14 days after any proceedings claiming damages or other compensation for alleged negligence in the practice of medicine are commenced against that registered medical practitioner.


(2) A registered medical practitioner must give the Council notice within 14 days after-

(a) any proceedings claiming damages or other compensation for alleged negligence by the medical practitioner in the practice of medicine are withdrawn or settled; or

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(b) a court or other tribunal makes an order in respect of any such proceedings.


Improper disposal of medical records

69. (1) A person who ceases permanently to practise medicine, whether by reason of retirement or otherwise, must dispose of the medical records held by that person in an approved manner.


(2) The personal representative of a deceased medical practitioner must dispose of the medical records that were held by that medical practitioner in an approved manner.


(3) For the purposes of subsections (1) and (2), a person is taken to have disposed of medical records in an approved manner if the person does any, or any combination, of the following:

(a) disposes of those records in a manner and within a period approved by the Council before the person starts the process of disposal;

(b) transfers those records to the custody of the Council before the expiration of a period of 90 days after-

(i) in a case to which subsection (1) applies - ceasing to practise; or

(ii) in a case to which subsection (2) applies - the person's appointment as personal representative;


(c) transfers those records to the custody of a registered medical practitioner or medical services company, whether as a result of the sale or transfer of the relevant medical practice or otherwise, and gives the Council a notice setting out particulars of the transfer before the expiration of a period of 90 days after-

(i) in a case to which subsection (1) applies - ceasing to practise; or

(ii) in a case to which subsection (2) applies - the person's appointment as personal representative.

Provision of medical services by bodies corporate

70. A body corporate must not provide a medical service or cause or allow a medical service to be provided in its name or on its behalf if, when the service is provided, it is contravening any of the following requirements:

(a) the sole object of the body corporate must be to provide medical services;

(b) the body corporate must have a place of business in this State;

(c) if the body corporate has more than 2 members, each of those members must be a registered medical practitioner;

(d) if the body corporate has only 2 members-

(i) one member must be a registered medical practitioner; and

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(ii) the other member must be a registered medical practitioner or, if that is not the case, a person approved by the Council;

(e) control and supervision of the medical services provided by the body corporate or in its name or on its behalf must be vested in a registered medical practitioner.


Division 3 - General offences

Offences of dishonesty

71. (1) A person must not make or produce, or cause to be made or produced, a false or misleading statement, either orally or in writing, in connection with -

(a) an application, assessment or inquiry; or

(b) an examination carried out by an inspector pursuant to section 58(1).


(2) A person must not forge or change a certificate of registration or an interim certificate of registration.


(3) A person must not forge or change a degree, diploma or other evidence of qualifications for registration under this Act.



Obstruction

72. A person must not obstruct, hinder, threaten or intimidate another person -

(a) in the exercise by that other person of a power conferred by this Act; or

(b) in the performance of a duty imposed on that other person by this Act.


Offences relating to assessments and inquiries, &c.

73. (1) A person must not, without reasonable excuse-

(a) fail to attend an assessment or InquIry as required by summons; or

(b) fail in an assessment or inquiry to comply with the requirement to affirm or be sworn; or

(c) fail to produce a document when required by a committee of assessors or the Tribunal to do so; or

(d) fail to answer questions required by a committee of assessors or the Tribunal to be answered.


(2) A person may be required by a committee of assessors or the Tribunal to answer a question or produce a document notwithstanding that the answer to the question or the contents of the document may tend to incriminate that person.

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(3) If in an assessment or inquiry a person objects to answering a question or producing a document on the grounds that to do so may tend to incriminate that person, the answer to the question or the contents of the document are not admissible in evidence in any other proceedings in respect of the person, other than proceedings in respect of an offence under section 71 or in respect of an appeal under Part 5.

Failure to comply with orders

74. (1) A person must not-

(a) fail to leave the hearing of an assessment when ordered to do so by the committee conducting the assessment; or

(b) fail to leave the hearing of an inquiry when ordered to do so by the Tribunal; or

(c) fail to leave a meeting of the Council when ordered to do so by the Council.


(2) A person must not -

(a) report or otherwise disclose any proceedings of a committee of assessors or the Tribunal contrary to an order of that committee or the Tribunal; or

(b) report or otherwise disclose any information in respect of the proceedings of a committee of assessors or the Tribunal contrary to an order of that committee or the Tribunal.

Penalty:




(3) A person must not -

(a) report or otherwise disclose any proceedings of, a meeting of the Council contrary to an order of the Council; or

(b) report or otherwise disclose any information in respect of a meeting of the Council contrary to an order of the Council.

Penalty:



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PART 7 - MISCELLANEOUS

Division 1 - Obligations to provide information

Medical practitioners' notices relating to fitness to practise

75. (1) In this section, "prescribed instrument" means-

.(a) a medical recommendation within the meaning of the Mental Health Act 1963; or

(b) a medical affidavit within the meaning of Part VI of the Mental Health Act 1963; or

(c) a medical recommendation within the meaning of the Alcohol and Drug Dependency Act 1968.

(2) A registered medical practitioner who signs a prescribed instrument in respect of a person who the registered medical practitioner knows or believes to be a registered medical practitioner must, as soon as practicable after so signing, give notice to the Council of that fact.


Provision of information by bodies corporate

76. (1) A body corporate that provides medical services or causes or allows medical services to be provided in its name or on its behalf must, if the Council by notice requires it to do so, give the Council any or all of the following within the time provided by the notice:

(a) a copy of its memorandum and articles of association;


(b) any information required by the notice concerning its membership, shareholdings, officers or employees;

(c) any other information required by the notice concerning that body corporate's structure, management or operations.


(2) A registered medical practitioner must, if the Council by notice requires that medical practitioner to do so, give the Council, within the time provided by the notice, such information as is specified in the notice regarding any body corporate of which that practitioner is a member.


Division 2 - Administrative and legal

Service of documents

77. A document may be served on the Council, the Tribunal or a committee -

(a) by leaving it at, or sending it by post to, the Council's address; or

(b) by sending it by way of facsimile transmission to the Council's facsimile number.

Common seal of Council

78. (1) The common seal of the Council is to be kept and used as authorised by the Council.

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(2) All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Council.

Presumptions

79. In any proceedings, unless evidence is given to the contrary, proof is not required of-

(a) the constitution of the Council, the Tribunal or a committee; or

(b) any resolution of the Council, the Tribunal or a committee; or

(c) the appointment of any member of the Council, the Tribunal or a committee; or

(d) the presence of a quorum at any meeting of the Council, the Tribunal or a committee.

Appropriation of fees, penalties and fines

80. (1) All fees payable and all penalties imposed and recovered under this Act are to be paid to the Council.

(2) A fee payable under this Act may be recovered as a debt due to the Council.

(3) A fine imposed on a person under section 52(1)(c) may be recovered as a debt due to the Council.

No right of recovery by unregistered person, &c.

81. (1) A person is not entitled to recover a fee or other remuneration for a medical service that he or she has


provided on his or her own account unless he or she was a registered medical practitioner at the time the service was provided.

(2) A body corporate that provides medical services is not entitled to recover a fee or other remuneration for or in connection with a medical service provided in its name or on its behalf unless the service was provided by a registered medical practitioner.

(3) In an action for the recovery of a fee or other remuneration for a medical service it is sufficient to state in the particulars of claim or demand the words "for medical services".

Punishment of conduct constituting an offence

82. If conduct that constitutes an offence against this Act is also grounds for action under section 49, 52 or 55 -

(a) the taking of the action is not a bar to conviction and punishment for the offence; and

(b) conviction and punishment for the offence is not a bar to the taking of the action under this Act.

Offences by bodies corporate

83. (1) If a body corporate commits an offence against this Act, each person concerned in the management of that body corporate is taken also to have committed the offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without that person's knowledge or consent.

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(2) A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.

Act does not prohibit certain practices

84. (1) In this section, ''health professional" includes a chiropractor, dentist, optometrist, physiotherapist and podiatrist.

(2) Nothing in this Act prohibits-

(a) an unregistered person from carrying out a surgical procedure on a deceased person in this State in order to retrieve organs or tissue for transplanting to a person elsewhere if that unregistered person is registered, licensed or enrolled as a medical practitioner under a foreign medical law; or

(b) a health professional from providing medical services or treatment when practising his or her profession in accordance with a law of this State under which he or she is registered, enrolled or employed; or

(c) a hospital or nursing-home from providing medical services or treatment to persons through the agency of a registered medical practitioner; or

(d) a corporate or non-corporate employer from providing free medical services or treatment to its employees through the agency of a registered medical practitioner.


Regulations

85. (1) The Governor may make regulations for the purposes of this Act.

(2) Without limiting the generality of subsection (1), regulations may be made for or in relation to the infection control standards to be followed by medical practitioners in the practice of medicine.

(3) Regulations made under this Act may -

(a) apply generally or be limited in their application by reference to specified exemptions or specified factors; and

(b) apply differently according to different factors, limitations or restrictions of a specified kind; and

(c) authorise any matter to be from time to time determined, applied or regulated by the Council or Tribunal; and

(d) apply, adopt or incorporate, with or without modification, any publication as in force from time to time.

(4) Regulations made under this Act may -

(a) provide that a contravention of, or failure to comply with, any of the regulations is an offence; and

(b) in respect of any such offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further penalty of a fine not exceeding 5 penalty units for each day during which the offence contravenes.

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(5) Regulations made under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(6) A provision of a regulation made pursuant to subsection (5) may, if the regulation so provides, take effect on the date referred to in section 2 or a later date.

Division 3 - Consequential and transitional

Repeals

86. The Medical Act 1959 and the Medical Amendment Act 1988 are repealed.

Consequential amendments

87. The Acts specified in Schedule 7 are amended as set out in that Schedule.

Savings and transitional provisions

88. The savings and transitional provisions set out in Schedule 8 have effect.

Interim fees

89. Until fees are prescribed for the purposes of this Act, the fees specified in Schedule 9 are the fees that are payable under this Act in respect of the various matters to which they respectively relate.


Administration of Act

90. Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990-

(a) the administration of this Act is assigned to the Minister for Community and Health Services; and

(b) the Department responsible to the Minister for Community and Health Services in relation to the administration of this Act is the Department of Community and Health Services.

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sch.1 No. 2 Medical Practitioners Registration 1996

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SCHEDULE 1 - PROVISIONS WITH RESPECT TO MEMBERSHIP OF COUNCIL

Section 6(5)

Term of office

1. (1) A member is to be appointed for such period, not exceeding 5 years, as is specified in the member's instrument of appointment.

(2) Subject to subclause (3), a member is eligible to serve a maximum of 2 terms of office which may be in succession or otherwise.

(3) A member who has served 2 terms of office is eligible to serve a further term of office as President.

Holding other office

2. The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from -

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

Remuneration of members

3. A member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Council determines.

1996 Medical Practitioners Registration No. 2 sch.1

Vacation of office

. 4. (1) A member vacates office if he or she -

(a) dies; or

(b) resIgns; or

(c) is removed from office under subclause (2) or (3); or

(d) ceases to be qualified for office by virtue of subclause (4), (5) or (6).

(2) The Governor may remove a member from office if the member -

(a) is absent from 3 consecutive meetings of the Council without the permission of the other members of the Council; or

(b)· becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a cnme or an offence punishable by imprisonment for a period exceeding 12 months; or

(d) fails, without reasonable excuse, to comply with the obligation under clause 5 of Schedule 2; or

(e) is convicted of an offence against this Act.

(3) The Governor may remove a member from office if satisfied that the member is unable to perform the duties of the office competently.

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(4) A member appointed under section 6(1)(a) vacates office if he or she ceases to be a registered medical practitioner.

(5) The member appointed under section 6(1)(b) vacates office ifhe or she ceases to be a legal practitioner.

(6) The member appointed under section 6(1)(c) vacates office if he or she becomes a medical practitioner or legal practitioner.

Filling of vacancies

5. '(1) If the office of a member becomes vacant, the Governor may appoint a person to the vacant office for the remainder of that member's term of office.

(2) The person appointed to a vacant office pursuant to subclause (1) is-

(a) in the case of an office referred to in section 6(1)(a) to be a registered medical practitioner; and

(b) in the case of the office referred to in section 6(1)(b) - to be a legal practitioner of not less than 10 years' standing; and

(c) in the case of the office referred to in section 6(1)(c) - not to be a medical or legal practitioner.

Validity of proceedings, &c.

6. (1) An act or proceeding of the Council or of a person acting under the direction of the Council is not invalid by reason only that at the time when the act or proceeding

1996 Medical Practitioners Registration No. 2 sch.l

was done, taken or commenced there was a vacancy in the . membership of the Council.

(2) An act or proceeding of the Council or of a person acting under the direction of the Council is valid even if-

(a) the appointment of a member of the Council was defective; or

(b) a person appointed as a member of the Council was disqualified from acting as, or incapable of being, such a member.

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SCHEDULE 2 - PROVISIONS WITH RESPECT TO MEETINGS OF COUNCIL

Section 6(6)

Convening of meetings

1. A meeting of the Council may be convened by the President or by any 2 members.

Procedure at meetings

2. (1) Six members form a quorum at any duly convened meeting of the Council.

(2) Any duly convened meeting of the Council at which a quorum is present is competent to transact any business of the Council.

(3) Questions arising at a meeting of the Council are to be determined by a majority of votes of the members present and voting.

(4) In the event of an equality of votes on a question arising at a meeting of the Council, the question stands adjourned until its next meeting.

Who presides at meetings

3. (1) The President is to preside at all meetings of the Council at which he or she is present.

(2) If the President is not present at a meeting of the Council, a member elected by the members present is to preside at that meeting.


Minutes

4. The Council must keep accurate minutes of its meetings.

Disclosure of interest

5. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council must, as soon as practicable after the relevant facts come to the knowledge of the member, disclose the nature of that interest at a meeting of the Council.

(2) A disclosure un"der subclause (1) is to be recorded in the minutes and the member must not, unless the Council exclusive of that member determines otherwise -

(a) be present during any deliberations of the Council in relation to that matter; or

(b) take part in any decision of the Council In relation to that matter.

Meetings to be open to public

6. (1) In this clause, "meeting" does not include a meeting convened for the purposes of section 49.

(2) Except as provided in subclause (3), a meeting of the Council is to be open to the public.

(3) The Council may do either or both of the following at a meeting if it considers that there are compelling grounds to do so -

(a) make an order excluding any person from the meeting;

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(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in respect of the meeting.

(4) Without limiting the range of grounds that may be relevant for the purposes of subclause (3), the Council may exercise its power under that subclause if -

(a) it is dealing with privileged information or information that has been communicated to the Council in confidence; or

(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered medical practitioner; or

(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered medical practitioner or any other person.

General procedures

7. (1) Subject to this Schedule, the procedure for convening the Council and conducting its business is as determined by the Council.

(2) The Council may permit members to participate in a particular meeting by a telephone or other means of communication.

(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.


(4) The Council may allow a person to attend a meeting for the purpose of advising or informing it on any matter.

Report to Minister

. 8. The Council, if requested to do so by the Minister, must furnish the Minister with any information the Minister may require in relation to the proceedings of the Council.

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SCHEDULE 3-POWERSAND PROCEDURES OF COMMITTEES OF ASSESSORS AND THE

TRIBUNAL Sections 26(3) and 50(10)

Interpretation

1. In this Schedule -

"committee" means a committee of assessors;

"proceedings" includes assessments and inquiries.

Powers

2. A committee or the Tribunal may -

(a) summon any person to appear before it to give evidence and produce any document specified in the summons; and

(b) require any person appearing before it to produce any document; and

(c) require any person appearing before it to give evidence on oath or affirmation; and

(d) require any person appearing before it to answer questions; and

(e) proceed with and determine any proceedings notwithstanding the absence of a person who has been summoned to appear; and

(f) adjourn the hearing of any proceedings from time to time and from place to place.


Procedures

. 3. A committee or the Tribunal -

(a) must conduct its proceedings with as little formality and with as much expedition as a proper consideration of the matter before it permits; and

(b) is not bound by the rules of evidence; and

(c) may inform itself on any matter in any way it considers appropriate; and

(d) must observe the rules of natural justice.

Medical examinations

4. (1) In this clause, "medical examination" includes an examination of the physical, psychological and mental capacities of a person.

(2) A committee or the Tribunal, by notice, may require an applicant or defendant to have a medical examination at the Council's expense.

(3) Notwithstanding subclause (2), the Tribunal must not require a defendant to have a medical examination unless, having regard to the relevant inquiry, it is reasonable to require that examination.

(4) A notice under subsection (2) is to specify-

(a) the name of the medical practitioner who is to carry out the medical examination; and

(b) the date, time and place of the medical examination.

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(5) The time and place specified for a medical examination must be reasonable.

(6) The medical practitioner who carries out the medical examination must provide the committee or the Tribunal, and the person examined, with a written report of the results of that examination.

Proceedings to be open to public

5. (1) Except as provided in subclause (2), the proceedings of a committee or the Tribunal are to be open to the public.

(2) Where a committee or the Tribunal is hearing any proceedings the committee or Tribunal may, on the application of a party to the proceedings or on its own motion, do either or both of the following if it considers that there are compelling grounds to do so:

(a) make an order excluding any person from the hearing;

(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings or prohibiting the reporting or other disclosure of particular information in respect of the proceedings.

(3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2), a committee or the Tribunal may exercise its power under that subclause if -

(a) it is dealing with privileged information or information that has been communicated to the Council or the committee or the Tribunal in confidence; or


(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered medical practitioner; or

(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered medical practitioner or any other person.

Representation, &c.

6. (1) An applicant is entitled to attend an assessment and to be represented by a legal practitioner or any other person.

(2) The costs of such representation are to be met by the applicant.

(3) A defendant is entitled to attend an inquiry and to be represented by a legal practitioner or any other person.

(4) The Council, at its own expense, may appoint a legal practitioner to assist a committee or the Tribunal in conducting any proceedings.

(5) The Secretary may -

(a) become a party to any proceedings; and

(b) be represented in the proceedings by an employee of the Department.

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SCHEDULE 4 - PROVISIONS WITH RESPECT TO MEMBERSHIP OF TRIBUNAL

Section 50(11)

Interpretation

1. In this Schedule -

"meeting" includes proceedings being conducted by the Tribunal;

''member'' means a member of the Tribunal, and includes the chairperson.

Term of office, &c.

2. (1) A permanent member is to be appointed for such period, not exceeding 2 years, as is specified in the member's instrument of appointment.

(2) A permanent member is eligible to serve a maximum of 2 terms of office which may be in succession or otherwise.

(3) A special member is to be appointed for the duration of the inquiry to which the member's appointment relates.

(4) There is no limit to the number of times a person may be appointed as a special member.

Holding other office

3. The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from -


(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

Remuneration of members

4. (1) A permanent or special member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Council in either case determines and any such remuneration is to be paid by the Council.

(2) A member who is an employee, or a person holding or acting in an office, under the Tasmanian State Service Act 1984 or in an Agency within the meaning of that Act is not entitled to remuneration under subclause (1) except with the approval of the Minister administering that Act.

Vacation of office

5. (1) A member vacates office if he or she -

(a) dies; or

(b) resIgns; or

(c) is removed from office under subclause (2) or (3); or

(d) ceases to be qualified for office by virtue of subclause (4), (5) or (6).

(2) The Council may remove a member from office if the member-

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(a) being a permanent member, is absent from a meeting of the Tribunal convened to deal with a particular inquiry without the permission of the other members of the Tribunal as it is constituted for the purposes of that inquiry; or

(b) being a special member, is absent from a meeting of the Tribunal convened to deal with the inquiry to which the special member's appointment relates without the permission of the other members of the Tribunal as it is constituted for the purposes of that inquiry; or

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(d) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a period exceeding 12 months; or

(e) is convicted of an offence against this Act.

(3) The Council may remove a member from office if satisfied that the member is unable to perform the duties of the office competently.

(4) The permanent member appointed under section 50(2)(a) vacates office if he or she ceases to be a legal practitioner.

(5) The permanent member appointed under section 50(2)(b) vacates office if he or she becomes a medical practitioner or legal practitioner.

(6) A special member vacates office if he or she ceases to be a registered medical practitioner.


Filling of vacancies

6. (1) If the office of a permanent member becomes vacant, the Council may appoint a person to the vacant office for the remainder of that member's term of office.

(2) The person appointed to a vacant office pursuant to subclause (1) is-

(a) in the case of the office referred to in section 50(2)(a) - to be a legal practitioner of not less than 10 years I standing; and

(b) in the case of the office referred to in section 50(2)(b) - not to be· a medical or legal practitioner.

Validity of proceedings, &c.

7. An act or proceeding of the Tribunal or of a person acting under the direction of the Tribunal is valid even if -

(a) the appointment of a member of the Tribunal was defective; or

(b) a person appointed as a member of the Tribunal was disqualified from acting as, or incapable of being, such a member.

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SCHEDULE 5 - PROVISIONS WITH RESPECT TO PROCEEDINGS OF TRIBUNAL

Section 50(12)

Convening the Tribunal

1. The Tribunal, as constituted for the purposes of an inquiry, may be convened by -

(a) the chairperson; or

(b) a permanent member and a special member; or

(c) 2 special members.

Constitution of Tribunal and effect of vacancies

2. (1) Subject to this clause, the Tribunal is not competent to take any action in respect of an inquiry unless each of the 2 permanent members, and each of the 3 special members appointed for the purposes of that inquiry, is present.

(2) If one of the members, other than the· chairperson, constituting the Tribunal for the purposes of an inquiry vacates office for any reason before the inquiry is completed, the inquiry may be continued and completed by the remaining 4 members regardless of whether, in the case of a vacancy in the office referred to in section 50(1)(b), any other person is appointed to the vacant office.

(3) If more than one of the members constituting the Tribunal for the purposes of an inquiry vacates office for any reason before the inquiry is completed, the inquiry is terminated.


(4) If an inquiry is terminated by virtue of subclause (3); the Tribunal may be reconstituted for the purposes of conducting a new inquiry on the same matter.

(5) For the purposes of this clause, an inquiry is taken to have been completed once the Tribunal has made a decision under section 52.

Voting .

3. (1) Questions arising for determination by the Tribunal are to be determined by a majority of votes of the members present and voting.

(2) In the event of an equality of votes on a question arising for determination by the Tribunal, the question stands adjourned until it is next convened.

(3) The vote of a special member is equal to the vote of a permanent member.

Chairperson

4. The chairperson is to preside over all proceedings of the Tribunal.

Minutes

5. The Tribunal must keep -

(a) accurate minutes of its meetings; and

(b) a verbatim record of each hearing it conducts in the course of an inquiry.

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General procedures

6. Subject to this Schedule and Schedule 3, the procedure for convening the Tribunal and conducting its business is as determined by the Tribunal.


SCHEDULE 6 - PROVISIONS WITH RESPECT TO WARRANTS

Section 59(5)

Applications for warrants

1. (1) An application for a search warrant is to be made in writing.

(2) A magistrate is not to issue a warrant unless -

(a) the application for the warrant sets out the grounds for seeking the warrant; and

(b) the applicant for the warrant has given the magistrate, either orally or in writing, any further information the magistrate requires concerning the grounds for seeking the warrant; and

(c) the information given by the applicant is verified before the magistrate on oath or by affidavit.

Record of proceedings before magistrate

2. A magistrate who issues a warrant is to cause a record to be made of all relevant particulars of the grounds the magistrate has relied on to justify the issue of the warrant.

Duty to show warrants

3. (1) In this clause, "occupier" includes a person In charge of premises.

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(2) An inspector executing a warrant is to produce the warrant for inspection by an occupier of the premises if requested to do so by that occupier.

Assistance in executing warrants

4. A person may execute a search warrant using such assistance as the person considers necessary.

Expiry of warrants

5. A warrant ceases to have effect -

(a) on the date specified in the warrant as the date on which it ceases to have effect; or

(b) if it is withdrawn before that date by the magistrate who issued the warrant; or

(c) when it is executed; or

(d) if the person to whom it is issued ceases to be an inspector -

whichever first occurs.

Reports to magistrate on execution of warrants, &c.

6. (1) The inspector to whom a warrant is issued is to furnish a report in writing to the magistrate who issued the warrant -

(a) stating whether or not the warrant has been executed; and

(b) if the warrant has been executed - setting out briefly the result of the execution of the


warrant, including a brief description of anything seized; and

(c) if the warrant has not been executed - setting out briefly the reasons why the warrant has not been executed.

(2) A report with respect to a warrant is to be made within the period of 10 days immediately after the execution of the warrant or the expiry of the warrant, whichever first occurs.

Death, absence, &c., of magistrate who issued warrant

7. If the magistrate who issued a warrant has died, has ceased to be a magistrate, or is absent, a report required to be furnished to that magistrate is to be furnished to another magistrate.

Defects in warrants

8. A warrant is not invalidated by any defect, other than a defect that affects the substance of the warrant in a material particular.

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SCHEDULE 7 - CONSEQUENTIAL AMENDMENTS Section 87

Blood Transfusion (Limitation of Liability) Act 1985

(No. 79 of 1986)

Section 6(c) is amended by inserting "registered" after "2".

Chiropractors Registration Act 1982

(No. 42 of 1982)

1. Section 3(1) is amended by omitting the definition of "medical practitioner" and substituting the following definition:

"medical practitioner" means a registered medical practitioner;

2. Clause 4(5) of Schedule 1 is amended by omitting "section 10 of the Medical Act 1959" and substituting "the Medical Practitioners Registration Act 1996".

Coroners Act 1995

(No. 73 of 1995)

Section 3 is amended by omitting the definition of "medical practitioner" and substituting the following definition:

"medical practitioner" means a registered medical practitioner;


Health (Regional Boards) Act 1991

(No. 4 of 1991)

Section 3(1) is amended as follows:

(a) by omitting the definition of "intern";

(b) by omitting "Medical Act 1959" from the definition of "registered medical practitioner" and substituting "Medical Practitioners Registration Act 1996".

Industrial Relations Act 1984

(No. 21 of 1984)

Section 66(5) is amended by omitting "Medical Act 1959" from paragraph (a) of the definition of "health practitioners" and substituting "Medical Practitioners Registration Act 1996".

Jury Act 1899

(63 Vict. No. 32)

Clause 4 of Schedule I is amended by omitting paragraph (a) and substituting the following paragraph:

(a) The Medical Practitioners Registration Act 1996;

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Poisons Act 1971

(No. 81 of 1971)

1. Section 3(1) is amended by omitting "legally-qualified medical practitioner within the meaning of the Medical Act 1959" from the definition of "medical practitioner" and substituting "registered medical practitioner".

2. Section 59(6) of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:

(a) professional misconduct within the meaning and for the purposes of Part 4 of the Medical Practitioners Registration Act 1996;

Psychologists Registration Act 1976

(No. 12 of 1976)

Section 4(3)(g) is amended by omitting "Medical Act 1959" and substituting "Medical Practitioners Registration Act 1996".

Therapeutic Goods and Cosmetics Act 1976

(No. 1 of 1976)

Section 2(1) is amended by omitting "within the meaning of the Medical Act 1959" from the definition of "medical practitioner" .


SCHEDULE 8 - SAVINGS AND TRANSITIONAL PROVISIONS

Section 88

Interpretation

1. In this Schedule, unless the contrary intention appears -

"commencement day" means the day proclaimed under section 2;

"country area" means a part of the State that is outside the cities of Hobart, Clarence, Glenorchy, Launceston, Devonport and Burnie;

"former Council" means the Medical Council of Tasmania as constituted under the repealed Act· ,

"repealed Act" means the Medical Act 1959.

Termination of former Council

2. The appointment of a person who was a member of the former Council immediately before the commencement day is terminated but that person may, if qualified, be appointed as a member of the Council under this Act.

Continuation of register and entitlements, &c.

3. (1) The Register of Medical Practitioners kept by the former Council under section 10 of the repealed Act is, on and after the commencement day, taken to be part of the register for the purposes of this Act.

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(2) A person who, immediately before the commencement day, was registered under the repealed Act is, on and after the commencement day, taken to be a registered medical practitioner under and subject to this Act on the same conditions, if any, as applied to the former registration.

(3) Subclause (2) applies to a registration even if it is suspended, but that subclause is not to be taken as revoking or reducing any period of suspension to which the former registration was subject immediately before the commencement day.

(4) A person who, immediately before the commencement day, was entitled to practise medicine under the repealed Act is, on and after that day, taken to be entitled to practise medicine under and subject to this Act.

(5) An application for registration made under the repealed Act and not determined by the former Council immediately before the commencement day is to be determined by the Council as if it were a valid application made under this Act.

(6) Where an assessment begun under section 9A of the repealed Act had not been concluded immediately before the commencement day, the Council may determine that the assessment is to be -

(a) terminated and reinstituted under this Act; or

(b) continued and conducted as if this Act had not been enacted.

Acts, &c., of former Council

4. All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the former Council


before the commencement day have, on and after that day, the same force and effect as if they had been done by, or suffered in relation to, the Council.

Special grant of registration

5. (1) A person who, immediately before the commencement day -

(a) was a medical practitioner holding limited registration under section 18 of the repealed Act; and

(b) had practised without supervision, In a country area, for a period of 7 years immediately preceding that day -

is taken to be registered unconditionally as a medical practitioner under section 28(2) of this Act.

(2) For the purposes of this clause, a person is taken to have practised for a period of 7 years notwithstanding that, periodically during that period, the person may have temporarily not been engaged in actual medical practice on account of illness, family emergencies or statutory holidays or for reasonable periods of recreation.

Complaints arising before commencement day may proceed under this Act

6. (1) A person may make a complaint under this Act in respect of a medical practitioner even if the conduct which is the subject of the complaint occurred or allegedly occurred before the commencement day, and that complaint may be dealt with and have consequences under this Act in all respects the same as if that complaint were a complaint made on or after the commencement day in

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respect of conduct of a medical practitioner that occurred or allegedly occurred after that day.

(2) The power of the Council under section 47(3) of this Act is exercisable in respect of a matter that occurred or allegedly occurred before the commencement day and any such matter may be dealt with and have consequences under this Act in all respects the same as if it were a matter that occurred or allegedly occurred on or after the commencement day.

Continuation of inquiries and proceedings begun under repealed Act

7. (1) An inquiry into a complaint begun under section 24(1) of the repealed Act and not concluded before the commencement day may, in the Council's discretion, be-

(a) terminated; or

(b) continued pursuant to section 24(1) of the repealed Act as if that Act were still in force.

(2) If the inquiry is terminated the Council may deal with the complaint under this Act.

(3) If, in a case to which subclause (l)(b) applies, the Council finds on the conclusion of the inquiry that the medical practitioner who is the subject of the inquiry has failed to carry out his or her professional duties adequately or properly to accept his or her professional responsibilities the Council may so inform that medical practitioner.

(4) If, in a case to which subclause (l)(b) applies, the Council is of opinion that had the inquiry been concluded before the commencement day proceedings would have been taken against the medical practitioner pursuant to


section 24(2) of the repealed Act, the Council must, pursuant to clause 6, refer the matter to the Tribunal.

(5) Proceedings actually commenced against a medical practitioner under Part IIIB of the repealed Act and not concluded before the commencement day may, in the Council's discretion, be -

(a) terminated and reinstituted under Part 4 of this Act; or

(b) continued and concluded as if the repealed Act were still in force.

(6) If on the conclusion of any proceedings continued pursuant to subsection(5)(b) a person is required to pay a fine or give the Council an undertaking, that fine or undertaking has the same force and effect under this Act as if-

. (a) in the case of a fine - it had been imposed on the person by the Tribunal; or

(b) in the case of an undertaking - it had been given to the Tribunal.

(7) In exercising its discretion under subclause (1) or (5) the Council may have regard to such matters as it considers appropriate but must have particular regard to - .

(a) how far the inquiry or proceedings had progressed by the commencement day; and

(b) fairness to the person who is the subject of the inquiry or proceedings; and

(c) cost and inconvenience to the Council, to the person who is the subject of the inquiry or proceedings or to other persons; and

(d) any submissions made to the Council in or in relation to the inquiry or proceedings.

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Fines

8. Where a fine imposed by order of the former Council on a medical practitioner or medical services company under Part IIIB of the repealed Act had not been paid, or not been paid in full, immediately before the commencement day, that fine, or the unpaid balance of that fine, is a debt due to and payable to the Council and may be recovered as such in a court of competent jurisdiction.

Undertakings

9. An undertaking given to the former Council by a medical practitioner under Part IIIB of the repealed Act and subsisting immediately before that day is taken to be an undertaking given to the Council under this Act and any breach of the undertaking may be dealt with and have consequences under this Act in all respects the same as a failure to honour an undertaking given to the Tribunal after the commencement day.


SCHEDULE 9 - INTERIM FEES Section 89

$

1. Application for registration: section 23(1)(c) ................................................................ 150

2. Annual registration fee: sections 23(1)(c) and 39(2)(a) ........................................................ 200

3. Late fee: section 39(4) .......................................... 50

4. Restoration fee: section 42(1) .............................. 50

5. Fee for replacement certificate of registration: section 31(4) ......................................................... 20

6. Application for additional particulars or qualifications to be added in register: section 35(2)( a) ..................................................... 25

7. Fee to inspect register: section 36(1) .................. 10

8. Fee to obtain copy of or extract from register: section 36(2) ..................... 5 per page.

9. Fee to obtain copy of notice: section 37(2) ............................................ 5 per page

[Second reading presentation speech made in:House of Assembly on 15 May 1996 Legislative Council on 8 May 1996J

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MEDICAL PRACTITIONERS REGISTRATION ACT 1996 · 2013-12-16 · TASMANIA MEDICAL PRACTITIONERS...

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