This legislation has been repealed.
- As at 1 July 2010 - Act 94 of 1992 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Name of Act 2. Commencement 2A. Object and principle of administration of Act 3. Definitions PART 2 - REGISTRATION Division 1 - Qualifications etc for registration 4. Entitlement to general registration based on qualifications and training 5. Entitlement to conditional registration for interns 6. (Repealed) 7. Conditional registration at the discretion of the Board 8. Interim registration available in certain cases 9. Non-practising registration 10. Conditions may be imposed in cases of impairment 11. Entitlement to registration does not prevent conditions being imposed Division 2 - Grounds for refusing registration 12. Registration may be refused despite entitlement or eligibility 13. Applicants must be competent and of good character 14. Restrictions on registration of deregistered persons 15. Registration may be refused if applicant convicted of offence 16. Registration may be refused if applicant deregistered on disciplinary grounds in another jurisdiction Division 3 - Appeals 17. Right of appeal 18. Appeal to be lodged with Registrar 19. Appeal from inquiry decision to be by way of rehearing 20. Pending appeal does not affect Board's determination 21. Determination of appeal Division 4 - Registration procedures 22. Machinery provisions 23. Some applications for registration to be dealt with by Committee 24. How registration ceases PART 3 - REMOVAL FROM AND ALTERATION OF THE REGISTER Division 1 - General powers to remove from or alter the Register 25. Removal of person wrongfully registered 26. Amendment of incorrect particulars concerning qualifications 27. Removal on death or at own request 28. Removal or amendment pursuant to disciplinary order 29. Appeal 30. Practitioner to be notified of action Division 2 - Powers resulting from action under foreign law 31. Meaning of "foreign law" 32. Deregistration on basis of disciplinary action under foreign law 33. Imposition of conditions imposed under foreign law 34. Practitioner to be notified of action 35. Appeal PART 4 - COMPLAINTS ETC ABOUT MEDICAL PRACTITIONERS Division 1 - Interpretation 36. Meaning of "unsatisfactory professional conduct" 37. Meaning of "professional misconduct" 37A. Exception--advertising and other prescribed exceptions 38. Exception--training, employment and research 38A. References to "complaint" Division 2 - Making a complaint 39. Grounds for complaint 40. Complaint can be made even if person no longer registered 41. Who can make a complaint 42. Complaints to be made to the Board or the Health Care Complaints Commission 43. Complaints to be in writing etc 44. Where to lodge complaints 45. Further particulars may be required from complainant 46. Board and Commission to notify each other of complaints 47. Protection of complainants and other persons Division 3 - How complaints are to be dealt with 48. Complaints to be dealt with expeditiously 49. Board and Commission to consult on complaint 50. Courses of action available to Board on a complaint 51. Courses of action available to the Commission on a complaint 52. Serious complaints must be referred to Tribunal 53. (Repealed) 54. Board may require practitioner to undergo examination 55. Result of failure to attend counselling or examination 56. Inquiries etc not prevented by other proceedings 57. Complaint not to be referred if practitioner dead 58. Complaint need not be referred if practitioner no longer registered 59. Complaint need not be referred if complainant fails to provide further particulars Division 4 - Disciplinary powers of Committees and Tribunal 60. Powers may be exercised if complaint proved or admitted 61. General powers to caution, reprimand, counsel etc 62. Power to fine in certain cases 63. Committee can recommend suspension or deregistration on grounds of lack of physical or mental capacity 64. Tribunal can suspend or deregister in certain cases 65. Board may refer breach of disciplinary order to the Tribunal Division 5 - Powers of the Board for the protection of the public 66. Suspension or conditions to protect the public 66AA. Audio recording of meeting 66A. Power to remove or alter conditions or terminate suspension 66AB. Review of certain decisions 66B. Referral of matter to Commission 66BA. Special provision--performance assessment 66C. Special provisions--impairment 66D. Tribunal to be notified of suspensions 67. Extension of suspension 68. Expiry or termination of suspension 69. Duration of conditions--complaint matters 69A. Duration of conditions--impairment matters 69B. Powers of Board to obtain information, records and evidence Division 6 - Duty of courts etc to refer matters to Registrar 70. Referral of mental health matters to Registrar 71. Referral of matters by courts Division 7 - Reportable misconduct 71A. Reportable misconduct PART 5 - IMPAIRMENT 72. Referral of impairment matters concerning practitioners or students 73. Persons may notify Board of impairment matters concerning practitioners or students 74. Commission may refer impairment matters to Board 75. Panel to inquire into matters referred to it 76. Panel not to take action while Commission investigating 77. Board to give notice of proposed inquiry 78. Practitioner or student entitled to make representations 78A. Board may require practitioner to undergo examination 79. Board may require student to undergo examination 80. Assessment, report and recommendations by Panel 81. Voluntary suspension or conditions on registration 81A. Review of conditions 82. Some matters to be dealt with as complaints 83. Prohibition or conditions on student 84. Appeal by student against order 85. Confidentiality of Panel's report 86. Board to consider Panel's reports when assessing application for registration PART 5A - PERFORMANCE ASSESSMENT Division 1 - Preliminary 86A. Meaning of "professional performance" 86B. Meaning of "unsatisfactory" in relation to professional performance Division 2 - Board may obtain performance assessment 86C. Power to obtain assessment 86D. Serious matters not to be referred for assessment 86E. Persons may notify the Board of professional performance matters 86F. Commission may refer professional performance matters to Board Division 3 - Assessment of professional performance by assessor 86G. How Board obtains an assessment 86H. Information to be given to medical practitioner 86I. Report and recommendations by assessor 86J. Action that may be taken by Board Division 4 - Performance review by Performance Review Panel 86K. Panel to conduct performance review 86L. Panel not to take action while Commission investigating 86M. Panel must refer certain matters to Board 86N. Actions by Panel 86O. Re-assessment 86P. Decision 86Q. Statement need not contain confidential information Division 5 - Miscellaneous 86R. Monitoring by Board 86S. Other provisions relating to performance assessments PART 6 - APPEALS AND REVIEW Division 1 - Appeals against actions of a Committee 87. Appeals against decisions of a Committee 88. Appeals on points of law Division 2 - Appeals against actions of Tribunal 89. Preliminary appeal on point of law 90. Appeal against Tribunal's decisions and actions 91. Powers of Court on appeal Division 3 - Review of suspension, deregistration or conditions 92. Right of review 93. The appropriate review body 94. Powers on review 94A. Inquiry into review application Division 4 - Appeal against suspension by Board 95. Right of appeal 95A. Appeal on point of law 96. Appeal to be lodged with Registrar 97. Tribunal's powers on appeal 98. Appeal does not stay order Division 5 - Appeal against actions of Performance Review Panel 98A. Appeals against decisions of Panel 98B. Appeals on points of law PART 7 - THE PRACTICE OF MEDICINE Division 1 - Registered practitioners 99. Entitlement to practise medicine 99A. Code of professional conduct 100. Effect of suspension 101. Registered practitioner entitled to recover fees 102. (Repealed) 103. Emergency measures authorising practise of medicine Division 2 - Restrictions on unregistered practitioners 104. (Repealed) 105. Use of misleading titles etc 106. Causing or permitting use of misleading titles etc 107. Business document and advertising with misleading titles etc 108, 109. (Repealed) 110. Unregistered person not to sign certain certificates 111. Other health care professionals not affected 112. Medical service rendered by persons registered elsewhere Division 3 - Other restrictions 112A. Prohibition against accepting benefits for recommendations or referrals 112B. Prohibition against offering or giving benefits for recommendation or referrals 112C. Exception--advertising and prescribed exceptions 112D. Interpretation PART 8 - ADVERTISING 113. What constitutes advertising of medical services 114. No advertising except in accordance with the regulations 115. Appointment of person to be responsible for advertising by corporation 116. Liability of person responsible for advertising PART 8A - OVERSERVICING AND UNPROFESSIONAL CONDUCT 116A. Prohibition against directing or inciting overservicing or misconduct 116B. Extended concept of employment 116C. Extended concept of carrying on business 116D. Convicted offenders may be prohibited from carrying on business 116E. Offence of operating business while prohibited 116F. Effect of appeal against conviction 116G. Business interests--effect of prohibition 116H. Power to require information from convicted persons and others 116I. Evidentiary certificate 116J. Authorised persons--special provisions PART 9 - SUPERVISION AND ENFORCEMENT POWERS 117. Part extends to former and suspended practitioners 118. Powers of entry only to be exercised with consent or under search warrant 119. Authorisation of persons to exercise powers 120. Powers of entry, search and seizure 121. Offences 122. Self-incrimination 123. Offence of impersonating authorised person 124. Authorised persons to have certificate of authority 125. Search warrant 126. Records to be kept 127. Medical services corporation to appoint practitioner to be responsible for record keeping 127A. Practitioners to submit annual return 127B. Practitioners to notify convictions, criminal findings and charges 127C. Board may require further information from practitioner 128. Practitioners and students to notify change of name or address PART 10 - THE NEW SOUTH WALES MEDICAL BOARD Division 1 - The Board 129. Board constituted as a corporation 130. Membership 131. Nominations for membership 132. Functions of the Board 133. Committees 134. Board's complaint functions may be exercised by 2 or more members 135. Annual report 135A. Information to be made available to public 136. Delegation by Board and Registrar 137. Service of documents on Board 138. Authentication of certain documents 139. Recovery of charges etc by the Board 140. Proof of certain matters not required Division 1A - Proceedings of the Board 140A. Other matters to be taken into account 140B. Exercise of functions with consent Division 2 - Administration 141. Registrar 142. Staff of the Board 143. Consultants Division 3 - Finance 144. Financial provisions 145. Medical Education and Research Account PART 11 - THE MEDICAL TRIBUNAL Division 1 - Constitution of the Tribunal 146. The Medical Tribunal 147. Tribunal to be constituted to deal with complaints etc 148. Chairperson and Deputy Chairpersons of the Tribunal 149. Effect of vacancy on Tribunal 150. Payment of non-judicial Tribunal members 151. Protections and immunities of judicial members 152. Seal of the Tribunal 153. Medical Tribunal Registry Division 2 - Proceedings of the Tribunal 154. Decisions of the Tribunal 155. Time when orders take effect 156. Powers of Tribunal exercised by Supreme Court 157. Registrar to be informed of disciplinary action 158. Rules of practice and procedure for the Tribunal Division 3 - Inquiries, appeals etc before the Tribunal 159. Jurisdiction 160. Notice of time and place of inquiry or appeal 161. Conduct of proceedings 162. Representation before the Tribunal 163. Chairperson or Deputy Chairperson not to review own decisions 164. Adjournments and interlocutory orders 165. Tribunal to provide details of its decision 166. Statement need not contain confidential information PART 12 - PROFESSIONAL STANDARDS COMMITTEES Division 1 - Constitution of Committees 167. Professional Standards Committees 168. Board to constitute Committee when required 169. Membership of Committee Division 2 - Proceedings of Committees 170. Multiple inquiries 171. How a Committee decides 172. Time when orders take effect 173. Committee to inform Registrar of its actions under disciplinary provisions 174. Chairperson may exercise certain powers of Committee Division 3 - Inquiries before Committees 175. Committee to hold inquiry into complaint 176. Procedure for inquiry 177. Representation at inquiry 178. Adjournments and interlocutory orders 179. Committee must refer certain matters to the Tribunal 180. Committee to provide details of its decision 181. Statement need not contain confidential information PART 13 - IMPAIRED REGISTRANTS PANELS 182. Impaired Registrants Panel 183. Board to constitute Panel when required 184. Decisions of Panel PART 13A - PERFORMANCE REVIEW PANELS AND ASSESSORS 184A. Performance Review Panels 184B. Constitution of Panel 184C. Decisions of Panel 184D. Certain powers may be exercised by chairperson 184E. Assessors PART 14 - MISCELLANEOUS 185. Act binds Crown 186. Student registration 187. Offences by corporations 188. Penalties for false statements etc 189. Protection from liability 190. Confidentiality 190A. Reports of medical or health practitioners 190B. Confidentiality of protected reports 191. Notification of certain matters to other States 191A. Board is to consult with affected third parties 191B. Notification of orders to practitioner's employer and others 191C. Cancelled registrations to be publicly available 191D. Protection from liability for certain publications 192. How notice is to be given under this Act 192A. Evidentiary certificates and evidence of entry in Register 192B. Application of Criminal Records Act 193. Proceedings for offences 194. Regulations 195. Repeals 196, 197. (Repealed) 198. Savings and transitional provisions 199. Review of Act SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 3A SCHEDULE 4 SCHEDULE 5 SCHEDULE 99 Dictionary