MEDICAL PRACTITIONERS REGISTRATION ACT 1996

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1 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 13

2 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 14

3 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 15

4 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 16

5 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 17

6 SCHEDULE 6 - PROVISIONS WITH RESPECT TO WARRANTS SCHEDULE 7 - CONSEQUENTIAL AMENDMENTS SCHEDULE 8 - SAVINGS AND TRANSITIONAL PROVISIONS SCHEDULE9-INTERUWFEES 18

7 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 Commencement 2. This Act commences on a day to be proclaimed. 19

8 s.3 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; 20

9 1996 Medical Practitioners Registration No. 2 s.3 "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; 21

10 s.3 No. 2 Medical Practitioners Registration 1996 ''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 (3) Unless the contrary intention appears, the expressions ''registered medical practitioner", ''legallyqualified medical practitioner" and "duly qualified

11 1996 Medical Practitioners Registration No. 2 s.4 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. 23

12 s.5 No. 2 Medical Practitioners Registration 1996 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 - acquire, hold, dispose of and otherwise deal with property; and sue and be sued in its corporate name. Membership of Council 6. (1) The Council consists of- 9 registered medical practitioners nominated by the Minister; and 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) as President. 24

13 1996 Medical Practitioners Registration No. 2 s.7 (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: (c) (d) (e) (f) (g) to administer the scheme of registration under Part 3; to supervise the practice of medicine in this State; to examine complaints and, as necessary, refer them to the Tribunal for inquiry; to prosecute offences against this Act; to monitor the standard and provision of medical services in this State; to monitor standards of medical education and training; to advise the Minister on matters relating to this Act; 25

14 s.8 No. 2 Medical Practitioners Registration 1996 (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- (c) (d) (e) (f) share information with medical registration authorities, the Australian Medical Council and other relevant bodies; and publish and distribute information concerning this Act to registered medical practitioners and other interested persons; and support medical education and training; and conduct assessments; and provide counselling services for registered medical practitioners; and 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 - ensure that medical services provided to the public are of the highest possible standard; and 26 ensure that according to standards; and persons practise medicine the highest professional

15 1996 Medical Practitioners Registration No. 2 s. 10 (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. Division 3 - Miscellaneous 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. 27

16 s.12 No. 2 Medical Practitioners Registration 1996 (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. 28

17 1996 Medical Practitioners Registration No. 2 s.14 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 - money received by way of fees, fines, penalties and charges paid to or recovered by the Council; and (c) any money borrowed by the Council; and any money received by the Council from other sources. (3) The funds of the Council are to be applied - 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 in the payment of any remuneration payable by the Council. 29

18 s.16 No. 2 Medical Practitioners Registration 1996 (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 (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. 30 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.

19 1996 Medical Practitioners Registration No. 2 s.18 (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 (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. 31

20 s.19 No. 2 Medical Practitioners Registration 1996 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 - 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 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 - 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 32

21 1996 Medical Practitioners Registration No. 2 s.21 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: (c) (d) (e) 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; 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; 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; to enable the person to take up a medical teaching or research position if that person has approved qualifications for the position; to enable the person to practise within a specialty if the person has specialist 33

22 s.22 No. 2 Medical Practitioners Registration 1996 qualifications and experience recognised by the relevant Australian specialist college or institution; (f) (g) to enable the person to practise if the Council considers it to be in the public interest for the person to do so; 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 - 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 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. 34

23 1996 Medical Practitioners Registration No. 2 s.23 Application requirements 23. (1) An application for registration is to be- (c) (d) in a form approved by the Council; and lodged with the Registrar; and accompanied by the prescribed application fee and prescribed annual registration fee; and 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 - is eligible to be so registered; and 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) (d) is of good fame and character; and has an adequate command of the English language; and 35

24 s.25 No. 2 Medical Practitioners Registration 1996 (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 - (c) is eligible to be so registered; and is of good fame and character; and 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 - 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 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. 36

25 1996 Medical Practitioners Registration No. 2 s.25 (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 - (c) registered the person; or refused to register the person; or 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. 37

26 s.26 No. 2 Medical Practitioners Registration 1996 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 - the reasons for holding the assessment; and 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 - 38 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 if the Committee recommends that the applicant is entitled to be registered subject to

27 1996 Medical Practitioners Registration No 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- contain any findings on questions of fact and the evidence or other material on which those findings are based; and 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 39

28 s.29 No. 2 Medical Practitioners Registration 1996 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 - the applicant's registration; and 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 - the refusal to register the applicant, the reasons for the refusal and the applicant's right of appeal; and refund the annual registration fee that accompanied the application. Special grounds for refusing to grajlt registration Without limiting the matters that the Council may have regard to under section 24(1) or (c), the Council may determine that an applicant for practising

29 1996 Medical Practitioners Registration No. 2 s.30 registration is not entitled to be registered as a medical practitioner if - (c) 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 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 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). (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). 41,\..,,;

30 s.31 No. 2 Medical Practitioners Registration 1996 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 - be in such form and contain such information as the Council determines; and 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 - the person named in the certificate is a registered medical practitioner; and 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. 42

31 1996 Medical Practitioners Registration No. 2 s.32 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- lend or agree to lend that certificate to another person; or allow that certificate to be used by another person. Penalty: Fine not exceeding 25 penalty units. 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: (c) (d) (e) the person's full name; the person's business address; the person's qualifications; the date of the person's registration; the type of registration; 43

32 s.33 No. 2 Medical Practitioners Registration 1996 (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: (c) the person's full name; the person's qualifications; the date of the person's registration. (4) The Council must record the following matters in the register: (c) (d) (e) (f) (g) (h) the renewal of a person's registration; the suspension of a person's registration; any conditions that a person's registration has been made subject to under section 52(1)(d); the removal from the register of a person's name; the restoration to the register of a person's name; subject to section 35(2) and (3) - additional qualifications gained by a registered person; any change in the name of a registered person; 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. 44

33 1996 Medical Practitioners Registration No (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. Penalty: Fine not exceeding 15 penalty units. 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 - be accompanied by the prescribed fee; and state the additional particulars or qualifications and the reasons for seeking their inclusion in the register; and 45

34 s.36 No. 2 Medical Practitioners Registration 1996 (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 - record the additional particulars or qualifications in the register; or refuse to record the additional particulars or qualifications in the register. (5) In a case to which subsection (4) applies, the Council must give notice to the applicant of -. its refusal to record the additional particulars or qualifications in the register and the reason for the refusal; and 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. 46

35 1996 Medical Practitioners Registration No. 2 s.37 Publication of register, &c. 37. (1) The Council may publish in the Gazette - (c) (d) (e) (f) a copy of the register or part of the register; or a notice of the grant of registration to any person including any conditions to which the registration has been made subject; or a notice of the removal from the register of the name of any person; or a notice of the restoration to the register of the name of any person; or a notice of the suspension of the registration of any person; or 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- the register made available for public inspection need not include the information, or all of the information, referred to in section 33(5); and a copy of the register or part of the register published in the Gazette need not include the 47

36 s.39 No. 2 Medical Practitioners Registration 1996 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 - 30 September; or 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 - pay the Council the prescribed annual registration fee; and 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 48

37 1996 Medical Practitioners Registration No. 2 s.39 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 - 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 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. 49

38 s.40 No. 2 Medical Practitioners Registration 1996 (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)- the Council may remove from the register the name of a person who - (i) (ii) (iii) (iv) contravenes a condition subject to which the person is registered; or fails to pay, within the time specified for payment, a fine imposed on the person under section 52(1)(c); or fails to comply with a requirement made of that person under section 52(1)(e); or fails to honour an undertaking given to the Tribunal; and the Council must remove from the register the name of a person - (i) (ii) who dies; or who requests the Council to remove his or her name from the register; or 50

39 1996 Medical Practitioners Registration No. 2 s.40 (iii) (iv) in respect of whom the Tribunal has made a decision under section 52(1) which has taken effect; or 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) or (l)(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- except in a case to which subsection (l)(ii) applies - to specify the reasons for the removal; and except in a case to which subsection (l)(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 51

40 s.41 No. 2 Medical Practitioners Registration 1996 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 - the person previously requested the removal of his or her name under section 40(1)(ii) and requests that his or her name be restored to the register; or the person has had his or her name removed under section 40(1)(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. 52

41 1996 Medical Practitioners Registration No. 2 s.43 (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 - the refusal and the reasons for the refusal; and 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) 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: 53

42 8.43 No. 2 Medical Practitioners Registration 1996 (c) (d) 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; 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; the registration of a person specified in the certificate was suspended on a date or for a period specified in the certificate; 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. 54

43 1996 Medical Practitioners Registration No. 2 s.45 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 - has been registered by reason of a false or misleading statement or declaration; or no longer holds, or is no longer entitled to hold, a qualification by reason of which he or she was registered; or 55

44 s.46 No. 2 Medical Practitioners Registration 1996 (c) (d) (e) lacks sufficient physical capacity, mental capacity or skill to practise; or is not entitled on other grounds to be registered; or 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 - (c) (d) (e) (f) (g) (h) contravenes a provision of this Act; or contravenes a foreign medical law; or contravenes a condition subject to which the medical practitioner is registered; or fails to pay, within the time specified for payment, a fine imposed on the medical practitioner under section 52(1)(c); or fails to comply with a requirement made of that medical practitioner under section 52(1)(e); or fails to honour an undertaking given to the Tribunal; or is incompetent in the practice of medicine; or behaves in a fraudulent or dishonest manner in the practice of medicine. Complaints procedure 46. (1) A complaint is to - be made in writing; and 56

45 1996 Medical Practitioners Registration No. 2 s.47 (c) (d) (e) contain particulars of the matter complained of; and identify the registered medical practitioner against whom the complaint is being made; and identify the person making the complaint; and 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 - record the date on which the complaint was received; and 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 - (c) the complaint is frivolous or vexatious; or the matter complained of is unsubstantial; or the matter complained of is not sufficiently serious to warrant an inquiry. 57

46 s.48 No. 2 Medical Practitioners Registration 1996 (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 matter giving rise to a complaint against a medical practitioner; or 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. 58 (4) A notice under subsection (2) is to-

47 1996 Medical Practitioners Registration No. 2 s.49 (c) (d) (e) (f) (g) be served personally; and set out particulars of the prescribed matter; and state that the medical practitioner is entitled to make submissions when appearing before the Council but IS not entitled to be represented; and state that the appearance before the Council is not open to the public; and inform the medical practitioner that he or she may request that the prescribed matter be referred directly to the Tribunal; and inform the medical practitioner of the other circumstances in which the prescribed matter may be referred to the Tribunal; and 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. 59

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