Victorian Repealed Acts

This legislation has been repealed.

Medical Practice Act 1994 - SECT 45A

Finding and determinations of a formal hearing into conduct

45A. Finding and determinations of a formal hearing into conduct



(1) After considering all the submissions made to a formal hearing into the
professional conduct of a registered medical practitioner the panel may find
that-

   (a)  the practitioner has, whether by act or omission, engaged in
        unprofessional conduct of a serious nature; or

   (b)  the practitioner has, whether by act or omission, engaged in
        unprofessional conduct which is not of a serious nature; or

   (c)  the practitioner has not engaged in unprofessional conduct.

(2) If the panel finds that the practitioner has, whether by act or omission,
engaged in unprofessional conduct of a serious nature, the panel may make one
or more of the following determinations-

   (a)  require the practitioner to undergo counselling;

   (b)  caution the practitioner;

   (c)  reprimand the practitioner;

   (d)  require the practitioner to undertake and complete specified further
        education within a specified period;

   (e)  impose any condition, limitation or restriction on the registration of
        the practitioner;

   (f)  impose a fine on the practitioner of not more than $2000;

   (g)  suspend the registration of the practitioner for the period specified
        in the determination;

   (h)  cancel the registration of the practitioner;

        (i)    disqualify the practitioner from applying for registration
               under section 5 within a specified period if the practitioner's
               registration is cancelled by the Board or by a medical
               registration authority of another State or Territory of the
               Commonwealth or of New Zealand.

(3) If the panel finds under sub-section (1)(b) that the practitioner has,
whether by act or omission, engaged in unprofessional conduct which is not of
a serious nature, the panel may make any determination which a panel at an
informal hearing is able to make upon such a finding.

(4) The panel must not impose a fine if the conduct which is the subject of
the finding has resulted in a fine being imposed by another tribunal or court
of law.

(5) If the panel has made a determination under sub-section (2)(a) or (d) and
the practitioner has not complied with the determination within the time
specified in the determination, the Board may suspend the practitioner's
registration until the determination is complied with.