Western Australian Numbered Acts

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MEDICAL PRACTITIONERS ACT 2008 (NO. 22 OF 2008) - SECT 116

116 .         Powers of the State Administrative Tribunal in relation to a disciplinary matter

        (1)         If, in a proceeding commenced by an allegation under this Act against a medical practitioner, the State Administrative Tribunal is of the opinion that a disciplinary matter exists in relation to the person, the Tribunal may do one or more of the following —

            (a)         decline to make an order or a requirement under this subsection;

            (b)         order the registrar to amend the particulars entered in the register in respect of the person;

            (c)         caution or reprimand the person;

            (d)         require that the person —

                  (i)         if the patient agrees, to provide further services to a patient at no cost or at an amount determined by the Tribunal;

                  (ii)         to pay, wholly or in part, for further services to be provided to a patient by another medical practitioner;

                  (iii)         to reduce or refund the amount of any fees paid in respect of services provided to a patient, to such an extent as is determined by the Tribunal;

            (e)         order the person to undergo counselling specified in the order;

            (f)         order that the person comply with such conditions as the Tribunal may impose on the registration of that person;

            (g)         order the person to report, at intervals specified by the Tribunal, on his or her medical practice to a medical practitioner nominated by the Board and specified in the order;

            (h)         order the person to obtain advice on the management of his or her medical practice from a person nominated by the Board and specified in the order;

                  (i)         order the person to pay a penalty not exceeding $25 000;

            (j)         order that the person be suspended from the practice of medicine for a period, not exceeding 2 years, specified in the order;

            (k)         order that the medical practitioner’s registration be cancelled and name be removed from the register.

        (2)         If, in a proceeding commenced by an allegation under this Act against a person who was a medical practitioner when the disciplinary matter allegedly occurred but who is no longer a medical practitioner, the State Administrative Tribunal is of the opinion that a disciplinary matter exists in relation to that person, the only powers that the Tribunal may exercise are the powers in subsection (1)(a), (c), (d)(ii) and (iii), and (i).



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