New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
In this Schedule:
"new Board" means the Medical Board constituted by this Act.
"old Board" means the Medical Board constituted under the 1938 Act.
"the 1938 Act" means the Medical Practitioners Act 1938 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Actthe Health Legislation Amendment Act 1995Medical Practice Amendment Act 2000Health Legislation Amendment (Unregistered Health Practitioners) Act 2006 (but only to the extent that it amends this Act)Medical Practice Amendment Act 2008 (but only to the extent that it amends this Act)
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of the publication.
The persons holding office as Chairperson and Deputy Chairperson of the Medical Tribunal immediately before the repeal of the 1938 Act continue to hold office as the Chairperson and Deputy Chairperson, respectively, of the Medical Tribunal under this Act for the remainder of the period specified in their original instruments of appointment.
(1) A person who, immediately before the repeal of the 1938 Act, held office as a member of the old Board holds office as a member of the new Board on that repeal for the remainder of the person's term.
(2) The person holding office under section 5 (4) (e) of the 1938 Act is taken to have been nominated as referred to in section 130 (2) (e) of this Act.
A person holding office as the Registrar or other officer under the 1938 Act immediately before the repeal of that Act is, on that repeal, taken to have been appointed as the Registrar or other officer, as appropriate, under this Act and to have been appointed subject to the same terms and conditions as applied to the appointment immediately before that repeal.
The Medical Education and Research Account under this Act is a continuation of the account of the same name kept under the 1938 Act.
The Register under this Act is a continuation of the Register kept under the 1938 Act.
(1) A person who was registered as a medical practitioner under the 1938 Act immediately before the repeal of that Act is taken to be registered under this Act.
(2) The person's registration under this Act is taken to be subject to the same limitations (as to time or otherwise) and conditions, if any, to which it was subject immediately before the repeal of the 1938 Act.
(1) An annual roll fee paid under the 1938 Act immediately before its repeal is taken to have been paid as an annual registration fee under this Act and is taken to have been so paid for or in relation to the same period as that which applied to the fee under the 1938 Act.
(2) A failure by a registered medical practitioner to pay the annual roll fee under the 1938 Act is taken to be a failure to pay the annual registration fee under this Act.
(3) A registered medical practitioner who was not registered under the 1938 Act immediately before its repeal because his or her name had been removed from the Register for failure to pay the annual roll fee is taken to have had his or her name removed from the Register under this Act for failure to pay the annual registration fee.
An application for registration under a provision of the 1938 Act which had not been determined by the old Board before the repeal of this Act is taken to be an application for registration under the corresponding provision of this Act and any inquiry or investigation for the purposes of such an application may be continued and completed.
(1) The provisions of the 1938 Act continue to apply to and in respect of a complaint made, or an inquiry or appeal commenced, under that Act and pending immediately before the repeal of that Act.
(2) Any order, decision or determination resulting from an inquiry or appeal to which this clause applies is taken to have been made under the corresponding provisions of this Act and is to have effect accordingly.
(1) A complaint or investigation may be made under this Act with respect to conduct or any other matter or thing that occurred before, or partly before and partly after, the commencement of the provisions of this Act under which the complaint or investigation is made.
(2) Such a complaint or investigation may only be made if it is a complaint or investigation that could have been made before the commencement of those provisions.
(1) An order ( "the original order") having effect under the 1938 Act immediately before the repeal of that Act is by this clause converted to the equivalent order under this Act and is taken to have been made under this Act. This includes an order by which a person's name was required to be removed from the Register under the 1938 Act.
(2) If the original order fixed a time after which a person may apply to be registered, the order is instead taken to provide that an application for review of the order by which the person's name was removed from the Register may not be made until after the time so fixed.
(3) If the original order fixed a time after which a person may apply to be registered but the person's name was not ordered to be removed from the Register (because the person had already ceased to be registered), the order is also taken to provide that the person not be re-registered.
On and from the repeal of the 1938 Act, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind:
(a) to the old Board is to be read as a reference to the new Board, and
(b) to the Registrar under the 1938 Act is to be read as a reference to the Registrar under this Act, and
(c) to the Register under the 1938 Act is to be read as a reference to the Register under this Act, and
(d) to the registration of a person as a medical practitioner under the 1938 Act is to be read as a reference to the registration of the person as a medical practitioner under this Act.
In this Part, "the Act" means the Health Legislation Amendment Act 1995 .
(1) A finding referred to in section 64 (1) (c) and made after the commencement of Schedule 1 (1) to the Act authorises the making of an order under section 64 (1) even if:(a) the finding is made in relation to an offence that was committed, or(b) the complaint concerned was made, before that commencement.
(2) However, subclause (1) does not apply if the offence concerned was committed on or after 1 July 1993 (the date of the repeal of the Medical Practitioners Act 1938 ) and before the date of the commencement of Schedule 1 (1) to the Act.
(3) A finding referred to in section 64 (1) (d) does not authorise the making of an order under section 64 (1) if the complaint concerned was made before the commencement of Schedule 1 (1) to the Act.
(1) The Board is to conduct a review for the purpose of:(a) evaluating the effectiveness of the performance assessment provisions, and(b) evaluating the effectiveness of the processes adopted by the Board in administering or implementing the performance assessment provisions.
(2) The review is to be undertaken as soon as possible after the period of 3 years from the date of commencement of Part 5A of this Act.
(3) A report of the outcome of the review is to be given to the Minister within 6 months after the end of the period of 3 years.
(4) The "performance assessment provisions" of this Act are the provisions of Part 5A, Part 13A and Schedule 3A.
(1) The amendments made to Part 2 and Schedule 1 by the Medical Practice Amendment Act 2000 extend to applications for registration under the Act made to the Board, but not determined, before the commencement of those amendments, but the amendments to Schedule 1 do not apply in respect of any inquiry commenced before the commencement of those amendments.
(2) Any such inquiry is to be disposed of as if those amendments had not been made.
(1) The amendments made to sections 50 and 51 by the Medical Practice Amendment Act 2000 do not apply in respect of any complaint made to the Board or the Commission before the commencement of those amendments that has not been disposed of by that commencement.
(2) Any such complaint is to be dealt with as if those amendments had not been made.
(1) Division 5 of Part 4, as in force immediately before the amendments made by the Medical Practice Amendment Act 2000 , continues to apply in respect of any order made or conditions imposed by the Board under section 66 before the commencement of those amendments, as if those amendments had not been made.
(2) Accordingly, sections 67 and 69 (as in force immediately before the amendments made to those sections by the Medical Practice Amendment Act 2000 ) continue to apply with respect to the duration or suspension of those conditions.
The amendment made to section 71 by the Medical Practice Amendment Act 2000 does not affect any regulation made under that section before the commencement of that amendment, and any such regulation continues in force despite the amendment (but can be repealed or amended).
(1) Section 81, as in force immediately before the substitution of that section by the Medical Practice Amendment Act 2000 , continues to apply in respect of any conditions imposed on the registration of a practitioner, or any suspension, that had effect under that section before that substitution.
(2) Section 81A does not apply in respect of those conditions or that suspension.
(1) Section 89 does not confer a right of appeal in respect of any power exercised by the Chairperson or Deputy Chairperson under Division 4 of Part 4 before the substitution of that section by the Medical Practice Amendment Act 2000 .
(2) Section 94A does not apply in respect of any review under Division 3 of Part 6 that was commenced before that section commences.
(3) Section 95, as in force immediately before the substitution of that section by the Medical Practice Amendment Act 2000 , continues to apply in respect of any power exercised by the Board before that substitution.
(4) Clause 3A of Schedule 2 does not apply in respect of an inquiry or appeal commenced before that clause commences.
(1) Section 102, as in force immediately before its repeal by the Medical Practice Amendment Act 2000 , continues to apply in respect of any professional services of any kind rendered or performed by a registered medical practitioner before that repeal.
(2) Section 104, as in force immediately before its repeal by the Medical Practice Amendment Act 2000 , continues to apply in respect of any medical or surgical advice, service, attendance or operation given or performed before that repeal.
(1) In section 127A, the return period for the first return date means the period of 12 months ending 2 months before the first return date, even if that period, or any part of the period, occurred before the commencement of that section.
(2) The "first return date" means the first return date notified by the Board under section 127A.
Section 187, as in force immediately before its amendment by the Medical Practice Amendment Act 2000 , continues to apply in respect any contravention by a corporation that occurred or is alleged to have occurred before the commencement of that amendment.
In this Part:
"amending Act" means the Health Legislation Amendment (Unregistered Health
Practitioners) Act 2006 .
The Tribunal may make a prohibition order under section 64 (2A) with respect to either or both of the following:
(a) conduct or any other matter or thing that occurred before, or partly before and partly after, that subsection was inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with before that subsection was inserted by the amending Act.
Section 165 (4), as substituted by the amending Act, applies only in respect of a statement of a decision that is given after the commencement of that subsection.
Section 191C, as inserted by the amending Act, extends to a person who was, immediately before the commencement of that section, subject to an order of the Tribunal or the Supreme Court that the person's name be removed from the Register or that the person not be re-registered.
For the purposes of the definition of "unsatisfactory professional conduct" in section 36, unsatisfactory professional conduct also includes any conduct that results in a practitioner being convicted of or being made the subject of a criminal finding for an offence under section 46 of the Private Hospitals and Day Procedure Centres Act 1988 before the repeal of that Act or an offence under section 43 of the Nursing Homes Act 1988 before the repeal of that Act.
Anything done or purported to be done under section 136 before the commencement of amendments to that section by the Health Legislation Amendment Act 2007 that would have been validly done had those amendments been in force when it was done is validated.
In this Part:
"amending Act" means the Medical Practice Amendment Act 2008 .
Section 37, as substituted by the amending Act, extends to instances of unsatisfactory professional conduct occurring before the section is substituted.
An amendment made by the amending Act to section 66A extends to action taken by the Board before the commencement of the amendment.
Section 66AB extends to decisions of the Board made before the commencement of that section.
Sections 66B (1A) and 66BA (3) extend to information obtained by the Board before the commencement of those subsections.
The amendment of section 67 by the amending Act applies to the extension (after the commencement of the amendment) of the period of a suspension even if the suspension was imposed before the commencement of the amendment.
Section 95A extends to action taken by the Board before the commencement of that section.
Section 140A extends to authorise the Board to have regard to matters occurring before the commencement of that section.
An amendment of section 191B by the amending Act extends to the giving of notice of action taken before the commencement of the amendment.
An amendment made by the amending Act to Schedule 2 extends to:
(a) any judgment, finding, decision, determination, verdict, certificate or evidence made or given before the commencement of the amendment, and
(b) proceedings pending before the Committee or the Tribunal on the commencement of the amendment.
Section 94A (3) as inserted by the amending Act extends to any complaint made or notified to the Board before the commencement of that subsection.
Section 66 (6) as inserted by the amending Act does not extend to a delegation made before the commencement of that subsection.
(1) An amendment made to section 168, 169 or 171 by the amending Act does not apply to a Professional Standards Committee constituted before the commencement of the amendment.
(2) Section 180 (4) as substituted by the amending Act does not apply to a statement of a decision provided to the Board before the substitution of the subsection.
(1) This clause applies if, immediately before the commencement of this clause, a Professional Standards Committee had started but not finalised an inquiry.
(2) Section 177, as in force immediately before the commencement, continues to apply to the inquiry as if Schedule 1.5 [1] and [2] to the Health Legislation Amendment Act 2009 had not commenced.