Western Australian Repealed Acts

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This legislation has been repealed.

MEDICAL PRACTITIONERS ACT 2008


TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Objects of Act
            
   4.      Terms used in this Act
            
   5.      Application

   PART 2 -- Medical Board and committees

           Division 1 -- The Board  

   6.      Board established
            
   7.      Membership of Board
            
   8.      Presiding member and deputy presiding member
            
   9.      Constitution and proceedings
            
   10.     Remuneration

           Division 2 -- Functions and powers  

   11.     Functions of Board
            
   12.     Powers
            
   13.     Delegation by Board

           Division 3 -- Relationship of Board with Minister  

   14.     Directions by Minister
            
   15.     Minister to have access to information

           Division 4 -- Committees  

   16.     Committees
            
   17.     Provisions relating to committees

           Division 5 -- Registrar and other staff  

   18.     Registrar
            
   19.     Other staff
            
   20.     Use of other government staff etc.

           Division 6 -- General  

   21.     Duty not to make improper use of information
            
   22.     Meetings
            
   23.     Execution of documents by Board
            
   24.     Recovery of penalties, costs and expenses required to be paid to the Board

   PART 3 -- Finance and reports  

   25.     Funds of the Board
            
   26.     Accounts
            
   27.     Audit
            
   28.     Annual report and other reports

   PART 4 -- Registration of medical practitioners

           Division 1 -- Registration  

   29.     Natural persons may be registered
            
   30.     General registration
            
   31.     Conditional registration for internship or supervised clinical practice
            
   32.     Provisional registration
            
   33.     Conditional registration for general practice in remote and rural WA
            
   34.     Special purpose conditional registration
            
   35.     Non-practising registration
            
   36.     Voluntary change in registration
            
   37.     Specialties to be prescribed
            
   38.     Registration of specialists
            
   39.     Review of condition imposed under section 30(5), 33(6), 34(4) or 38(6)
            
   40.     Professional indemnity insurance
            
   41.     Application
            
   42.     Board may request consent to undertake a criminal record check
            
   43.     Criminal record check
            
   44.     Effect of registration
            
   45.     Duration of registration
            
   46.     Renewal of registration
            
   47.     Application for registration by a person whose registration has been cancelled under section 116(1)(k)

           Division 2 -- The register  

   48.     The register
            
   49.     Inspection of register
            
   50.     Certificate of registration
            
   51.     Replacement of certificate of registration
            
   52.     Voluntary removal from register
            
   53.     Amendment of particulars
            
   54.     Removal of names in certain circumstances
            
   55.     Removal of names of deceased persons
            
   56.     Suspension or cancellation of registration in another State or a Territory
            
   57.     Effect of removal of name from register

           Division 3 -- Notifications to Board  

   58.     Change of address
            
   59.     Loss of qualifications
            
   60.     Insolvency
            
   61.     Civil or criminal proceedings
            
   62.     Information about professional indemnity insurance
            
   63.     Notification of cancellation or suspension of registration elsewhere
            
   64.     Notification of condition imposed on registration elsewhere

           Division 4 -- Defence force medical officer  

   65.     Medical officer of a defence force of the Commonwealth
            
   66.     Medical officer of visiting forces

   PART 5 -- Interstate practitioners

           Division 1 -- Preliminary  

   67.     Terms used in this PART

           Division 2 -- Practice by an interstate practitioner  

   68.     Persons who are to be taken to be registered under section 30 or
            
           69. Practising in this State
            
   70.     Interstate practitioner not to be taken to be registered in some circumstances
            
   71.     Effect of suspension under this Act

           Division 3 -- Complaints about interstate practitioners  

   72.     Referral of complaint to regulatory authority in another State or a Territory
            
   73.     Dealing with matters referred by a regulatory authority in another State or a Territory

           Division 4 -- Miscellaneous  

   74.     Interstate practitioner disqualified in another State or a Territory
            
   75.     Interstate certificate

   PART 6 -- Disciplinary, competency and impairment matters

           Division 1 -- Preliminary  

   76.     Disciplinary matters
            
   77.     Competency matters
            
   78.     Impairment matters

           Division 2 -- Committees  

   79.     Complaints assessment committee
            
   80.     Professional standards committee
            
   81.     Impairment review committee
            
   82.     Panel

           Division 3 -- Complaints  

   83.     Complaints
            
   84.     Action by complaints assessment committee
            
   85.     Complaints assessment committee to determine action required
            
   86.     Role of Board

           Division 4 -- Summary orders of Board  

   87.     Interim orders by Board
            
   88.     Complaint dealt with summarily to be referred to the State Administrative Tribunal

           Division 5 -- Disciplinary matters  

   89.     Action by Board
            
   90.     Investigator
            
   91.     Report of investigator
            
   92.     Powers of investigator
            
   93.     Warrant to enter premises
            
   94.     Issue of warrant
            
   95.     Execution of warrant
            
   96.     Role of professional standards committee
            
   97.     Role of Board

           Division 6 -- Impairment matters  

   98.     Request by medical practitioner for imposition of condition
            
   99.     Revocation of condition
            
   100.    Action by Board
            
   101.    Medical examination of medical practitioner
            
   102.    Role of the impairment review committee
            
   103.    Role of Board

           Division 7 -- Competency matters  

   104.    Action by Board
            
   105.    Assessment of medical practitioner
            
   106.    Assessor
            
   107.    Powers of assessor
            
   108.    Role of the professional standards committee
            
   109.    Role of Board

           Division 8 -- Conciliation  

   110.    Conciliation process
            
   111.    Action if conciliation fails

           Division 9 -- Medical students  

   112.    Impaired ability to participate in a clinical activity
            
   113.    Referral to impairment review committee
            
   114.    Revocation of prohibition

           Division 10 -- Role of the State Administrative Tribunal  

   115.    Constitution of State Administrative Tribunal
            
   116.    Powers of the State Administrative Tribunal in relation to a disciplinary matter
            
   117.    Powers of the State Administrative Tribunal in relation to an impairment matter
            
   118.    Powers of the State Administrative Tribunal in relation to a competency matter
            
   119.    Powers of the State Administrative Tribunal in relation to a medical student
            
   120.    Ancillary powers of the State Administrative Tribunal

           Division 11 -- Miscellaneous  

   121.    Release of information: Board, professional standards committee and impairment review committee
            
   122.    Suspension
            
   123.    Costs

   PART 7 -- Offences  

   124.    Persons who may practise medicine
            
   125.    Persons who may be employed or engaged to practise medicine
            
   126.    Exceptions to sections 124 and
            
   127.    Use of title “medical practitioner” or a title of a specialist, or pretending to be registered
            
   128.    Medical services provided by a person registered elsewhere
            
   129.    Medical practitioners to arrange consultation in certain cases
            
   130.    Restriction on administration of anaesthetics in certain cases
            
   131.    Offences related to advertising medical services
            
   132.    Failure to comply with an order or requirement of the Board
            
   133.    False or misleading information
            
   134.    Confidentiality
            
   135.    Offences in relation to assessment or investigation
            
   136.    Obstruction of assessor or investigator
            
   137.    Impersonating an investigator or assessor
            
   138.    Information relating to certain business structures
            
   139.    Undue influence
            
   140.    Payment, or acceptance of payment, for referrals prohibited
            
   141.    Persons may be prohibited from supplying health services etc.
            
   142.    Assistance to execute a warrant
            
   143.    Surrender of certificate
            
   144.    Incriminating information, questions or documents
            
   145.    Legal professional privilege

   PART 8 -- Codes of practice, rules, regulations and forms  

   146.    Codes of practice
            
   147.    Rules
            
   148.     Regulations
            
   149.     Forms

   PART 9 -- Miscellaneous  

   150.    Protection
            
   151.    Notice of decision to be given
            
   152.    Review
            
   153.    Publication of proceedings etc.
            
   154.    Furnishing information
            
   155.    Legal proceedings
            
   156.    Liability of certain officers of body corporate: offences
            
   157.    Confidentiality of certain reports
            
   158.    Assessment and medical report
            
   159.    Review of Act
            
   160.    Repeals
            
   161.    Savings and transitional provisions
            
   162.    Consequential amendments
           SCHEDULE 1 -- Constitution and proceedings of the Board
           SCHEDULE 2 -- Savings and transitional provisions  
           SCHEDULE 3 -- Consequential amendments  
           Compilation table


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