Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) Subject to
section 11AA a person is entitled to be registered as a medical practitioner
if the person —
(a) has
recognised medical qualifications;
(b) has
successfully completed a period of internship or supervised clinical practice
as required by the Board; and
(c) not
being a person referred to in section 11AB, pays to the Board together with
his or her application for registration such registration fee as is
prescribed, together with the annual practice fee prescribed for the purposes
of section 16A.
(2) The entitlement to
registration of a person referred to in subsection (1) is an entitlement to
general registration and not subject to any condition.
(2a) For the purposes
of subsection (1) a person has recognised medical qualifications if the person
is a graduate of a Medical School within Australia or the Dominion of New
Zealand accredited by the Australian Medical Council or has successfully
completed examinations held by that Council for the purposes of registration
as a medical practitioner.
(3) Subject to this
section, a person, being a body corporate, may at the discretion and direction
of the Board be registered as a medical practitioner under this Act if it is
proved to the satisfaction of the Board that the body corporate —
(a) is
composed entirely of members, not being bodies corporate, who are registered
under this Act; or
(b)
comprises 2 members, neither of whom is a body corporate, of whom one is
registered under this Act and the other is a person who is in the opinion of
the Board of good fame and character.
(4) A body corporate
is not eligible to be registered as a medical practitioner under this section
unless in the opinion of the Board —
(a) it
has a place of business within the State and the Board is satisfied that the
principal executive officer of the corporation is a medical practitioner;
(b) the
control of the affairs of the body corporate is vested in a medical
practitioner registered under this Act;
(c) any
member of the body corporate who is not a medical practitioner holds shares in
the body corporate only for the benefit of a member who is a medical
practitioner;
(d) the
Board is satisfied that the power of persons to exercise, or to control the
exercise of, the rights to vote attached to shares in the body corporate or to
dispose of, or to exercise control over the disposal of, such shares is such
that the personal supervision and management of the affairs of the body
corporate cannot become vested in a person who is not a medical practitioner;
(e) full
personal professional responsibility for the conduct of the affairs of the
body corporate in relation to the practice of medicine remains an obligation
of each member who is a medical practitioner and no person, other than a
medical practitioner has authority over professional matters;
(f)
proper and adequate provision is made for disclosure to the Board of the
affairs of the body corporate, on request in writing by the Board to any
member who is a medical practitioner, or an undertaking to that effect is
given to and accepted by the Board;
[(g) deleted]
(h) the
memorandum and articles of association of the body corporate are acceptable to
the Board and contain a provision that the Board be notified of any intention
to amend that memorandum or articles and be furnished with a copy of any
proposed resolution or other form of proposal to give effect to that
intention; and
(i)
there are no grounds upon which the application ought to
be refused.
(5) Any civil
liability in connection with the practice of medicine incurred by a body
corporate that is a registered medical practitioner under this Act is
enforceable jointly and severally against the body corporate and any person
who at the time that the liability was incurred, was a member of the body
corporate.
(6) In relation to a
body corporate, the Board may impose conditions as to the registration or
restriction on the practice of medicine, and failure to comply with any such
condition or restriction may be taken to constitute improper conduct in a
professional respect.
[Section 11 amended by No. 51 of 1940 s. 2; No. 22
of 1945 s. 8; No. 8 of 1946 s. 2; No. 21 of 1950 s. 3; No. 65 of 1952 s. 2, 3
and 4; No. 18 of 1955 s. 2; No. 35 of 1956 s. 2; No. 42 of 1961 s. 2; No. 19
of 1968 s. 2; No. 70 of 1976 s. 4; No. 56 of 1979 s. 2; No. 28 of 1981 s. 3;
No. 70 of 1985 s. 9 (as amended by No. 45 of 1988); No. 29 of 1991 s. 3; No.
67 of 1994 s. 5.]