(1) The Board is to
register an applicant as a specialist in a specialty if satisfied that the
applicant has —
(a)
complied with a set of requirements in subsection (2), (3)
or (4); and
(b) paid
the registration fee, if any, prescribed by the regulations.
(2) A set of
requirements for registration as a specialist is that —
(a) the
applicant is registered under section 30; and
(b) the
applicant —
(i)
has an Australian or New Zealand qualification, in the
specialty, that is prescribed by the regulations for the specialty; or
(ii)
has a qualification in a specialty that the Board
considers is substantially equivalent to, or based on similar competencies to,
a qualification prescribed under subparagraph (i).
(3) A set of
requirements for registration as a specialist is that —
(a) the
applicant is competent to practise in a specialty (that is, the applicant has
sufficient physical capacity, mental capacity and skill to practise the
specialty); and
(b) the
applicant has a sound knowledge of the English language and possesses
sufficient skill in the expression of that language, both written and oral,
for the practice of the specialty; and
(c) the
applicant is a fit and proper person to be registered as a
specialist; and
(d) the
applicant has not been convicted of an offence the nature of which renders the
person unfit to practise as a specialist; and
(e) the
applicant —
(i)
has an Australian or New Zealand qualification, in the
specialty, that is prescribed by the regulations for the specialty; or
(ii)
has a qualification that the Board considers is
substantially equivalent to, or based on similar competencies to, a
qualification prescribed under subparagraph (i);
and
(f) has
successfully completed a period of supervised clinical practice approved by
the Board in writing or prescribed by the rules.
(4) A set of
requirements for registration as a specialist is that the
applicant —
(a) is
registered under section 30; and
(b) has
practised in a specialty in the period immediately preceding the day on which
the specialty was prescribed under section 37; and
(c) is
competent to practise in the specialty (that is, the applicant has sufficient
physical capacity, mental capacity and skill to practise the specialty); and
(d) has
knowledge of, and experience in the practise of, the specialty that the Board
considers are sufficient as a basis for specialist registration in the
specialty.
(5) In making its
decision under subsection (1), the Board may have regard to the advice
and recommendation of any one or more of the following —
(a) the
Australian Medical Council;
(b) an
Australian specialist college or institution for the specialty.
(6) The Board may, by
written notice to the specialist, impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the safe and
competent practise of the specialty by the specialist.
(7) Subject to
section 39, a condition imposed under subsection (6) may apply
indefinitely or for a period specified by the Board in the written notice.
(8) Subject to
section 39, the Board may, on its own motion or on the application of a
person the subject of a condition imposed by the Board under this section, on
reasonable grounds, revoke or vary the condition.
(9) It is a condition
of a specialist’s registration under subsections (1) and (3)
that the specialist can practise only the specialty in relation to which the
specialist is registered.
(10) Subject to this
Act, registration of a person as a specialist confers on that person the right
to carry on in the State the practice of the specialty for which the person
was granted registration as a specialist under the title or titles prescribed
by the regulations as the title or titles under which the specialty may be
practised.