Western Australian Repealed Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

This legislation has been repealed.

MEDICAL ACT 1894 - SECT 12BA

12BA .         Interim constraint on practice

        (1)         If the Board is of the opinion that an activity of a medical practitioner, not being a body corporate, involves or will involve a risk of imminent injury or harm to the physical or mental health of any person, the Board may, without further inquiry, order that for a period of not more than 30 days specified in the order —

            (a)         either generally or in relation to particular circumstances or services as specified in the order, the medical practitioner is not to practise medicine;

            (b)         the medical practitioner is not to practise medicine except on any conditions and restrictions specified in the order;

            (c)         the medical practitioner is prohibited from carrying on an activity; or

            (d)         the medical practitioner is subject to any combination of the restrictions that could be imposed under paragraphs (a), (b), or (c).

        (2)         An order under subsection (1) has no effect until it is given personally to the medical practitioner.

        (3)         The order has to —

            (a)         state the Board’s opinion that is the basis for the order;

            (b)         specify the activity that in the Board’s opinion involves or will involve the risk and the matters that give or will give rise to the risk; and

            (c)         advise the medical practitioner against whom the order is made of the right given by subsection (5) to apply to the State Administrative Tribunal for a review of the order.

        (4)         The Board may, by a further order given to the medical practitioner, revoke or vary an order under subsection (1) at any time before making an allegation to the State Administrative Tribunal under section 12BB.

        (5)         The person against whom an order is made under subsection (1) may apply to the State Administrative Tribunal for a review of the order.

        [Section 12BA inserted by No. 55 of 2004 s. 728.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback