Western Australian Repealed Acts

This legislation has been repealed.

MEDICAL ACT 1894 - SECT 21CA

21CA .         Approval for medical call services

        (1)         On and after the appointed day a person shall not establish or conduct a medical call service unless that person is the holder of a certificate of approval for the medical call service.

        Penalty: $1 000.

        (2)         A person who desires to obtain a certificate of approval referred to in subsection (1) shall apply to the Board in the form of a form approved by the Board.

        (3)         The Board shall not issue a certificate of approval referred to in subsection (1) unless the Board is satisfied that —

            (a)         the applicant is a fit and proper person or where the applicant is a body corporate the natural persons who manage and control the body corporate are fit and proper persons;

            (b)         the applicant or where the applicant is a body corporate each person who manages and controls the body corporate, has the ability to properly manage and provide a medical call service;

            (c)         the applicant or where the applicant is a body corporate, each person who manages or controls the body corporate, understands the duties and obligations imposed on him or her in relation to the conduct and management of a medical call service;

            (d)         a person who is a medical practitioner is nominated by the applicant as the person responsible for the direction of medical aspects of the services provided by the medical call service;

            (e)         the medical services provided by the medical call service are provided only by a person who is a medical practitioner; and

            (f)         the prescribed fee has been paid.

        (4)         The Board may approve a medical call service subject to such conditions, restrictions and prohibitions as it specifies in its approval.

        (5)         An approval to establish and conduct a medical call service remains in force until 31 December next following from the date of the grant thereof unless it is sooner cancelled or suspended by the Board.

        (6)         A person to whom an approval is granted may apply for the renewal of the approval in accordance with the rules.

        (7)         An application under subsection (6) shall be in the form of a form approved by the Board and shall be accompanied by the prescribed fee.

        (8)         A person who is aggrieved by a decision of the Board not to issue a certificate of approval or to impose any condition, restriction or prohibition in any approval given by the Board under this section may apply to the State Administrative Tribunal for a review of the decision.

        (9)         In subsection (1) —

        appointed day means a day fixed by the Board by notice published in the Government Gazette for the purposes of subsection (1).

        [Section 21CA inserted by No. 70 of 1985 s. 22; amended by No. 55 of 2004 s. 733.]