Tasmanian Numbered Acts

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MEDICAL PRACTITIONERS REGISTRATION AMENDMENT ACT 2004 (NO. 18 OF 2004) - SECT 35

Section 39A inserted
After section 39 of the Principal Act , the following section is inserted in Division 4:

39A.     Adding conditions

(1)  The Council may, in conjunction with the exercise and performance of its powers and functions under section 39 , impose conditions or further conditions on the registration of any medical practitioner.
(2)  In deciding whether to exercise its power under subsection (1) in any case, the Council may have regard to all or any of the following:
(a) any change in the physical capacity, mental capacity or skill of the medical practitioner;
(b) any changes or advances in medical knowledge or technology relevant to the medical practitioner's field of practice;
(c) the nature of the complaints, if any, that have been made against the medical practitioner in preceding years;
(d) any actions taken in respect of the medical practitioner under this Act or a foreign medical law;
(e) the suitability and efficacy of any existing registration conditions;
(f) such other matters as the Council, taking into account the objectives specified in section 9 , considers relevant.
(3)  If the Council uses its power under subsection (1) it is to –
(a) give the medical practitioner concerned notice of the conditions or further conditions and the medical practitioner's rights of appeal and review in respect of those conditions; and
(b) ensure that those conditions are specified in the new certificate of registration that is issued to the medical practitioner under section 39 .
(4)  For the purposes of subsection (1) , the Council may get an assessment committee to carry out an assessment.



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