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Queensland
HEALTH PRACTITIONERS
LEGISLATION
AMENDMENT BILL 2000
Queensland
HEALTH PRACTITIONERS
LEGISLATION AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF HEALTH PRACTITIONER
REGISTRATION BOARDS (ADMINISTRATION) ACT 1999
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 5 (The legislative scheme) . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 23 (Board to use office for administrative and
operational support) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--AMENDMENT OF HEALTH PRACTITIONERS
(PROFESSIONAL STANDARDS) ACT 1999
6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 4 (The legislative scheme) . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 9 (Application of Act to persons who are no
longer registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 18 (Restrictions on membership of panel) . . . . . . . . . . . . 8
10 Amendment of s 32 (Restrictions on appointment of assessors) . . . . . . . . . 8
11 Amendment of s 41 (Disqualification from membership of panel
of assessors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 42 (Procedure for recommending members of
panels of assessors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 176 (Pre-hearing conference) . . . . . . . . . . . . . . . . . . . . . . . 9
14 Amendment of s 190 (Interim orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Amendment of s 191 (Inspection of things) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Amendment of s 219 (Procedure for hearing by tribunal) . . . . . . . . . . . . . . 10
2
Health Practitioners Legislation Amendment
17 Amendment of s 231 (Interim orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Amendment of s 262 (Board may notify other registrants) . . . . . . . . . . . . . 10
19 Amendment of s 264 (Matters to be included in board's annual report) . . . 11
20 Amendment of s 310 (Definition for pt 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
21 Amendment of s 311 (Board may take action on basis of foreign law) . . . 11
22 Insertion of new pt 11, div 1 and div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 1--Evidence
367A Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
367B Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
367C Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
367D Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Proceedings
23 Amendment of s 371 (Limitation on time for starting summary
proceedings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Amendment of s 381 (Effect of suspension) . . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Insertion of new pt 12, div 2A-2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2A--Provisions about certain registrants
Subdivision 1--Preliminary
381A Definitions for div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 2--Provisions about registrants who are general and
specialist registrants
381B Application of relevant action to registrants who are
general and specialist registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
381C Effect on specialist registration if general registration
suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
381D Notice to be given about change to specialist registration . . . . . . . 17
381E Decision about recording suspension . . . . . . . . . . . . . . . . . . . . . . . . . 17
Subdivision 3--Provisions about registrants who are dental
technicians and dental prosthetists
381F Application of relevant action to registrants who are
dental technicians and dental prosthetists . . . . . . . . . . . . . . . . . . . . . 18
381G Effect on specialist registration if general registration
suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
381H Notice to be given about change to registration as dental
prosthetist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3
Health Practitioners Legislation Amendment
381I Decision about recording suspension . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2B--Certificates of registration
381J Return of certificate of registration to board if registration
suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
381K Amendment or replacement of certificate of registration . . . . . . . . . 20
26 Insertion of new ss 385A-385C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
385A Registrant to give notice of certain convictions to board . . . . . . . . . 20
385B Registrant to give board notice of certain judgments and
settlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
385C Registrant to give board notice about certain events . . . . . . . . . . . . 22
27 Insertion of new s 386A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
386A Protection of officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28 Amendment of s 392 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Omission of s 396 (Board meetings by distance or flying minute) . . . . . . . 23
30 Insertion of new pt 13, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 1--Provisions for Health Practitioners (Professional
Standards) Act 1999
31 Amendment of s 403 (Saving of existing orders made by boards
or Medical Assessment Tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32 Insertion of new div 2 hdg and s 405 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Provisions for Health Practitioners Legislation
Amendment Act 2000
405 Transitional provision about health practitioner registration Act . . . 25
33 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 4--AMENDMENT OF INDY CAR GRAND PRIX ACT 1990
34 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Amendment of s 23 (Limited rights of medical and paramedical
practitioners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 5--REPEAL OF MEDICAL ACT AND OTHER ACTS
(ADMINISTRATION) ACT 1966
36 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
2000
A BILL
FOR
An Act to amend certain Acts administered by the Minister for Health
relating to health practitioners, and for other purposes
s1 6 s5
Health Practitioners Legislation Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Health Practitioners Legislation 4
Amendment Act 2000. 5
6
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF HEALTH 8
PRACTITIONER REGISTRATION BOARDS 9
(ADMINISTRATION) ACT 1999 10
amended in pt 2 11
Act
Clause 3. This part amends the Health Practitioner Registration Boards 12
(Administration) Act 1999. 13
of s 5 (The legislative scheme) 14
Amendment
Clause 4. Section 5, `, the Health' to `1966'--- 15
omit, insert-- 16
`and the Health Practitioners (Professional Standards) Act 1999'. 17
of s 23 (Board to use office for administrative and 18
Amendment
operational support) 19
Clause 5. Section 23(2)-- 20
s6 7 s8
Health Practitioners Legislation Amendment
insert-- 1
`(d) power under a health practitioner registration Act to appoint an 2
inspector or a person to conduct a health assessment.'. 3
PART 3--AMENDMENT OF HEALTH 4
PRACTITIONERS (PROFESSIONAL STANDARDS) 5
ACT 1999 6
amended in pt 3 7
Act
Clause 6. This part amends the Health Practitioners (Professional Standards) 8
Act 1999. 9
of s 4 (The legislative scheme) 10
Amendment
Clause 7. Section 4, `,1 the Health' to `1966'-- 11
omit, insert-- 12
`1 and the Health Practitioner Registration Boards (Administration) Act 13
1999'. 14
of s 9 (Application of Act to persons who are no longer 15
Amendment
registered) 16
Clause 8. Section 9-- 17
insert-- 18
`(3A) In this section a reference to a person who was a registrant includes 19
a reference to a person who was registered under a repealed health 20
practitioner registration Act.'. 21
1 For the definition "health practitioner registration Act"--see the schedule
(Dictionary).
s9 8 s 11
Health Practitioners Legislation Amendment
of s 18 (Restrictions on membership of panel) 1
Amendment
Clause 9. Section 18(2)-- 2
omit, insert-- 3
`(2) If the disciplinary matter to be heard by the panel relates to a 4
complaint by a user of a service provided by the registrant, or an entity 5
acting on behalf of a user of a service provided by the registrant, the panel 6
must include at least 1 member who is the same gender as the user.'. 7
of s 32 (Restrictions on appointment of assessors) 8
Amendment
Clause 10. Section 32(3), from `an individual' to `complainant'-- 9
omit, insert-- 10
`a user of a service provided by the registrant, or an entity acting of behalf 11
of a user of a service provided by a registrant, either the constituting 12
member or at least 1 of the assessors must be the same gender as the user'. 13
of s 41 (Disqualification from membership of panel of 14
Amendment
assessors) 15
Clause 11. Section 41(b)(ii)-- 16
omit, insert-- 17
`(ii) the individual is a registrant-- 18
(A) whose registration ceases to have effect; or 19
(B) whose registration is subject to conditions that limit the 20
registrant's right to practise the profession; or 21
(C) who has entered into an undertaking with the 22
registrant's board or has given the tribunal an 23
undertaking; or 24
(iii) the individual is registered, licensed or otherwise authorised 25
to practise the profession in another State and-- 26
(A) the registration, licence or other authorisation is 27
cancelled or suspended; or 28
(B) the registration, licence or other authorisation is subject 29
s 12 9 s 13
Health Practitioners Legislation Amendment
to conditions that limit the individual's right to practise 1
the profession; or 2
(C) the individual has entered into an undertaking with an 3
entity in that State that performs the same functions as a 4
disciplinary body.'. 5
of s 42 (Procedure for recommending members of panels 6
Amendment
of assessors) 7
Clause 12. Section 42-- 8
insert-- 9
`(4) However, subsections (2) and (3) do not apply if the Minister 10
reasonably believes that it is necessary to urgently appoint an individual as a 11
member of a professional panel of assessors because-- 12
(a) the secretary or registrar considers a disciplinary matter is likely to 13
raise issues of a specialist or technical nature, whether on the basis 14
of advice received under section 19(1) or 33(1) from a board or 15
otherwise; and 16
(b) the secretary or registrar has advised the Minister that-- 17
(i) none of the panel members have the desirable professional 18
background or skills; or 19
(ii) panel members who do have the desirable professional 20
background or skills will not be available to hear the matter.'. 21
of s 176 (Pre-hearing conference) 22
Amendment
Clause 13. Section 176(6), after `conference to'-- 23
insert-- 24
`a panel member or'. 25
s 14 10 s 18
Health Practitioners Legislation Amendment
of s 190 (Interim orders) 1
Amendment
Clause 14. Section 190(3), after `onerous order'-- 2
insert-- 3
`the panel considers'. 4
of s 191 (Inspection of things) 5
Amendment
Clause 15.(1) Section 191(2)(c)-- 6
omit, insert-- 7
`(c) keep the thing while it is necessary for the hearing; 8
(d) give the thing to the secretary to keep while it is necessary for any 9
appeal relating to the hearing.'. 10
(2) Section 191(3), after `panel'-- 11
insert-- 12
`or secretary'. 13
of s 219 (Procedure for hearing by tribunal) 14
Amendment
Clause 16. Section 219(3)(a)-- 15
insert-- 16
`(iii) the effect that section 381C or 381G, if relevant, may have 17
on the registrant's registration; and'. 18
of s 231 (Interim orders) 19
Amendment
Clause 17. Section 231(3), after `onerous order'-- 20
insert-- 21
`the tribunal considers'. 22
of s 262 (Board may notify other registrants) 23
Amendment
Clause 18. Section 262(2)(a), after `public'-- 24
s 19 11 s 22
Health Practitioners Legislation Amendment
insert-- 1
`, or part of which has been heard in public'. 2
of s 264 (Matters to be included in board's annual 3
Amendment
report) 4
Clause 19. Section 264(2)(a), after `public'-- 5
insert-- 6
`, or part of which has been heard in public'. 7
of s 310 (Definition for pt 8) 8
Amendment
Clause 20. Section 310, definition "foreign law", paragraphs (a) and (b), `law 9
of'-- 10
omit, insert-- 11
`law applying in'. 12
of s 311 (Board may take action on basis of foreign law) 13
Amendment
Clause 21.(1) Section 311(2)(c), `28 days'-- 14
omit, insert-- 15
`14 days'. 16
(2) Section 311-- 17
insert-- 18
`(8) This section does not limit the disciplinary action a disciplinary body 19
make take under this Act.'. 20
of new pt 11, div 1 and div 2 hdg 21
Insertion
Clause 22. Part 11, immediately before section 368-- 22
insert-- 23
s 22 12 s 22
Health Practitioners Legislation Amendment
`Division 1--Evidence 1
of div 1 2
`Application
`367A. This division applies to a proceeding under this Act. 3
and authority 4
`Appointments
`367B.(1) It is not necessary to prove-- 5
(a) a relevant person's appointment; or 6
(b) the authority of a relevant person to do anything under this Act. 7
`(2) In this section-- 8
"relevant person" means any of the following-- 9
(a) a member of a board or a disciplinary committee; 10
(b) a member of a panel; 11
(c) an assessor; 12
(d) a member of a panel of assessors; 13
(e) an investigator or inspector; 14
(f) the executive officer or a member of the staff of the office; 15
(g) the secretary or registrar; 16
(h) the commissioner; 17
(i) a member of a health assessment committee; 18
(j) a person appointed under section 108 to conduct a health 19
assessment. 20
21
`Signatures
`367C. A signature purporting to be the signature of the Minister, an 22
investigator, an inspector, the executive officer or a member of the staff of 23
the office is evidence of the signature it purports to be. 24
s 22 13 s 22
Health Practitioners Legislation Amendment
provisions 1
`Evidentiary
`367D.(1) A certificate purporting to be signed by the executive officer 2
and stating any of the following matters is evidence of the matter-- 3
(a) a stated document is 1 of the following things made, given, issued 4
or kept under this Act-- 5
(i) an appointment, approval or decision; 6
(ii) a notice, direction, requirement or order; 7
(iii) a record, or an extract from a record; 8
(b) a stated document is an undertaking given, entered into or 9
approved under this Act; 10
(c) a stated document is a complaint made under this Act or further 11
information given about a complaint; 12
(d) a stated document is a complaint made under the Health Rights 13
Commission Act 1991 and referred to a board, or further 14
information given about a complaint; 15
(e) a stated document is another document kept under this Act; 16
(f) a stated document is a certificate of registration; 17
(g) a stated document is a register, or an extract from a register, kept 18
under a health practitioner registration Act; 19
(h) a stated document is a copy of a thing mentioned in paragraph (a), 20
(b), (c), (d), (e), (f) or (g); 21
(i) on a stated day, or during a stated period, a stated person was or 22
was not a registrant; 23
(j) on a stated day, or during a stated period, a registration-- 24
(i) was or was not in force; or 25
(ii) was or was not subject to a stated condition; 26
(k) on a stated day, a registration was cancelled; 27
(l) on a stated day, or during a stated period, an undertaking was or 28
was not in force; 29
(m) on a stated day, or during a stated period, an appointment of a 30
person as an investigator or inspector was, or was not, in force; 31
s 23 14 s 24
Health Practitioners Legislation Amendment
(n) on a stated day, a stated person was given a stated notice or 1
direction under this Act; 2
(o) on a stated day, a stated requirement was made of a stated person; 3
(p) on a stated day, a code of practice or a provision of a code of 4
practice, was, or was not, in force. 5
`(2) A statement, in a complaint forming the basis for disciplinary 6
proceedings under this Act, of the date on which the matter of the complaint 7
came to the knowledge of the complainant is evidence that the matter came 8
to the knowledge of the complainant on that date. 9
`Division 2--Proceedings'. 10
of s 371 (Limitation on time for starting summary 11
Amendment
proceedings) 12
Clause 23. Section 371(b)-- 13
omit, insert-- 14
`(b) within 6 months after the offence comes to the complainant's 15
knowledge, but within 2 years after the commission of the 16
offence.'. 17
of s 381 (Effect of suspension) 18
Amendment
Clause 24.(1) Section 381(3)(a), `annual licence fee'-- 19
omit, insert-- 20
`registration fee or specialist registration fee'. 21
(2) Section 381-- 22
insert-- 23
`(4) The registrant's board must, immediately after the suspension 24
ends-- 25
(a) return to the registrant the registrant's certificate of registration; or 26
(b) if the board does not consider it practicable to return the 27
registrant's certificate of registration--issue another certificate of 28
s 25 15 s 25
Health Practitioners Legislation Amendment
registration to the registrant to replace the certificate returned to the 1
board.'. 2
of new pt 12, div 2A-2B 3
Insertion
Clause 25. After section 381-- 4
insert-- 5
2A--Provisions about certain registrants 6
`Division
1--Preliminary 7
`Subdivision
for div 2A 8
`Definitions
`381A. In this division-- 9
"dental prosthetist" means a person registered under the Dental 10
Technicians and Dental Prosthetists Registration Act 2000 in the 11
dental prosthetics profession. 12
"dental technician" means a person registered under the Dental 13
Technicians and Dental Prosthetists Registration Act 2000 in the 14
dental technology profession. 15
"general registrant" means a person registered under a health practitioner 16
registration Act as a general registrant. 17
"relevant action" means-- 18
(a) disciplinary action; or 19
(b) the suspension of, or imposition of conditions on, a registrant's 20
registration under section 59(2); or 21
(c) action taken under section 118(1)(c)(iv); or 22
(d) action taken under section 276(2)(a); or 23
s 25 16 s 25
Health Practitioners Legislation Amendment
(e) action taken under section 299(2)(a), (b) or (c).2 1
"specialist registrant" means a person registered under a health 2
practitioner registration Act as a specialist registrant. 3
`Subdivision 2--Provisions about registrants who are general and 4
specialist registrants 5
of relevant action to registrants who are general and 6
`Application
specialist registrants 7
`381B.(1) This section applies if-- 8
(a) a registrant is registered as a general registrant and a specialist 9
registrant in a profession; and 10
(b) a disciplinary body or the Court of Appeal decides to take relevant 11
action in relation to the registrant's registration. 12
`(2) The disciplinary body or Court of Appeal may decide to take the 13
relevant action in relation to either or both of the registrant's general 14
registration or specialist registration. 15
`(3) This section is subject to section 381C(2). 16
on specialist registration if general registration suspended or 17
`Effect
cancelled 18
`381C.(1) This section applies if-- 19
(a) a registrant is registered as a general registrant and a specialist 20
registrant in a profession; and 21
(b) the registrant's registration as a general registrant is cancelled or 22
suspended under an Act, other than a health practitioner 23
registration Act. 24
`(2) The registrant's specialist registration-- 25
2 Sections 59 (Immediate suspension or imposition of conditions on registration),
118 (Decision on investigation), 276 (Decision about action to be taken for
impaired registrant) and 299 (Decision about action to be taken for impaired
registrant)
s 25 17 s 25
Health Practitioners Legislation Amendment
(a) if the registrant's general registration is cancelled--is taken to be 1
cancelled on the same day; or 2
(b) if the registrant's general registration is suspended--is taken to be 3
suspended during the period the general registration is suspended. 4
`(3) If the cancellation or suspension of the registrant's general 5
registration is set aside, the cancellation or suspension of the registrant's 6
specialist registration is also set aside. 7
to be given about change to specialist registration 8
`Notice
`381D.(1) This section applies if, under section 381C(2), a registrant's 9
specialist registration is cancelled or suspended because of the cancellation 10
or suspension of the registrant's general registration. 11
`(2) As soon as practicable after the registrant's specialist registration is 12
cancelled or suspended, the registrant's board must give the registrant 13
written notice about the cancellation or suspension. 14
`(3) The notice must-- 15
(a) state that there is no appeal in relation to the cancellation or 16
suspension of the registrant's specialist registration; and 17
(b) include a direction to the registrant to return the registrant's 18
certificate of specialist registration within 14 days after the 19
registrant's receipt of the notice. 20
about recording suspension 21
`Decision
`381E.(1) This section applies if, under section 381C(2), a registrant's 22
specialist registration is suspended because of the suspension of the 23
registrant's general registration. 24
`(2) The decision made about recording details of the suspension of the 25
registrant's general registration applies in the same way to the suspension of 26
the registrant's specialist registration. 27
s 25 18 s 25
Health Practitioners Legislation Amendment
`Subdivision 3--Provisions about registrants who are dental technicians 1
and dental prosthetists 2
of relevant action to registrants who are dental 3
`Application
technicians and dental prosthetists 4
`381F.(1) This section applies if-- 5
(a) a registrant is registered as a dental technician and a dental 6
prosthetist; and 7
(b) a disciplinary body or the Court of Appeal decides to take relevant 8
action in relation to the registrant's registration. 9
`(2) The disciplinary body or Court of Appeal may decide to take the 10
relevant action in relation to either or both of the registrant's registration as a 11
dental technician or the registrant's registration as a dental prosthetist. 12
`(3) This section is subject to section 381G(2). 13
on specialist registration if general registration suspended or 14
`Effect
cancelled 15
`381G.(1) This section applies if-- 16
(a) a registrant is registered as a dental technician and a dental 17
prosthetist; and 18
(b) the registrant's registration as a dental technician is cancelled or 19
suspended under an Act, other than a health practitioner 20
registration Act. 21
`(2) The registrant's registration as a dental prosthetist-- 22
(a) if the registrant's registration as a dental technician is 23
cancelled--is taken to be cancelled on the same day; or 24
(b) if the registrant's registration as a dental technician is 25
suspended--is taken to be suspended during the period the 26
registration as a dental technician is suspended. 27
`(3) If the cancellation or suspension of the registrant's registration as a 28
dental technician is set aside, the cancellation or suspension of the 29
registrant's registration as a dental prosthetist is also set aside. 30
s 25 19 s 25
Health Practitioners Legislation Amendment
to be given about change to registration as dental prosthetist 1
`Notice
`381H.(1) This section applies if, under section 381G(2), a registrant's 2
registration as a dental prosthetist is cancelled or suspended because of the 3
cancellation or suspension of the registrant's registration as a dental 4
technician. 5
`(2) As soon as practicable after the registrant's registration as a dental 6
prosthetist is cancelled or suspended, the registrant's board must give the 7
registrant written notice about the cancellation or suspension. 8
`(3) The notice must-- 9
(a) state that there is no appeal in relation to the cancellation or 10
suspension of the registration as a dental prosthetist; and 11
(b) include a direction to the registrant to return the registrant's 12
certificate of registration as a dental prosthetist within 14 days 13
after the registrant's receipt of the notice. 14
about recording suspension 15
`Decision
`381I.(1) This section applies if, under section 381G(2), a registrant's 16
registration as a dental prosthetist is suspended because of the suspension of 17
the registrant's registration as a dental technician. 18
`(2) The decision made about recording details of the suspension of the 19
registrant's registration as a dental technician applies in the same way to the 20
suspension of the registrant's registration as a dental prosthetist. 21
`Division 2B--Certificates of registration 22
of certificate of registration to board if registration suspended 23
`Return
or cancelled 24
`381J.(1) This section applies if, under this Act, a registrant's registration 25
is suspended or cancelled. 26
`(2) The registrant must return the registrant's certificate of registration to 27
the registrant's board within 14 days after receiving notice about the 28
s 26 20 s 26
Health Practitioners Legislation Amendment
suspension or cancellation, unless the registrant has a reasonable excuse. 1
Maximum penalty--10 penalty units. 2
or replacement of certificate of registration 3
`Amendment
`381K.(1) This section applies if, under this Act-- 4
(a) conditions are imposed on, or removed from, a registrant's 5
registration; or 6
(b) a board or the tribunal enters into an undertaking with a registrant; 7
or 8
(c) an undertaking entered into by a registrant with the registrant's 9
board or the tribunal ends. 10
`(2) The registrant must return the certificate of registration to the 11
registrant's board within 14 days after the action mentioned in 12
subsection (1) takes effect, unless the registrant has a reasonable excuse. 13
Maximum penalty--10 penalty units. 14
`(3) On receiving the certificate, the board must-- 15
(a) amend the certificate in an appropriate way and return the 16
amended certificate to the registrant; or 17
(b) if the board does not consider it practicable to amend the 18
certificate--issue another certificate of registration to the registrant 19
to replace the certificate returned to the board.'. 20
of new ss 385A-385C 21
Insertion
Clause 26. Part 12, division 3, after section 385-- 22
insert-- 23
to give notice of certain convictions to board 24
`Registrant
`385A.(1) This section applies if a registrant-- 25
(a) is convicted of an indictable offence; or 26
(b) is convicted of an offence against a corresponding law. 27
`(2) The registrant must, within 30 days after the conviction, give the 28
s 26 21 s 26
Health Practitioners Legislation Amendment
registrant's board notice of the conviction. 1
Maximum penalty--50 penalty units. 2
`(3) The notice must be in the approved form. 3
`(4) Information in the notice must, if the approved form requires, be 4
verified by a statutory declaration. 5
to give board notice of certain judgments and settlements 6
`Registrant
`385B.(1) This section applies if-- 7
(a) a registrant is a party to proceedings in a court, brought by another 8
party against the registrant, claiming damages or other 9
compensation for alleged negligence by the registrant in the 10
practice of the registrant's profession; and 11
(b) there is-- 12
(i) a judgment in relation to the proceedings; or 13
(ii) a settlement of the proceedings, or part of the proceedings. 14
`(2) The registrant must give the registrant's board notice of the judgment 15
or settlement within 30 days after the date of the judgment or settlement. 16
Maximum penalty--50 penalty units. 17
`(3) The notice must be in the approved form. 18
`(4) Information in the notice must, if the approved form requires, be 19
verified by a statutory declaration. 20
`(5) To remove doubt, it is declared that subsections (2) and (3) apply 21
despite any agreement entered into by the parties to the settlement. 22
`(6) Subsection (2) does not apply to a settlement of proceedings under 23
an agreement reached in conciliation under the Health Rights Commission 24
Act 1991, part 62 or a relevant interstate law. 25
`(7) In this section-- 26
"relevant interstate law" means a law of another State that provides for 27
the same matter as the Health Rights Commission Act 1991, part 6. 28
2 Health Rights Commission Act 1991, part 6 (Conciliation)
s 27 22 s 27
Health Practitioners Legislation Amendment
to give board notice about certain events 1
`Registrant
`385C.(1) This section applies if-- 2
(a) a person is registered under a health practitioner registration Act 3
and is also registered, licensed or certified under a corresponding 4
law to practise the same profession; and 5
(b) after the registrant is registered under the health practitioner 6
registration Act, the registrant's registration, licence or 7
certification under the corresponding law is affected by 8
disciplinary action or is otherwise cancelled, suspended or made 9
subject to a condition or undertaking (the "relevant action"). 10
`(2) The registrant must, within 30 days after the registration, licence or 11
certification is affected by the relevant action, give the registrant's board 12
notice about the relevant action. 13
Maximum penalty--50 penalty units. 14
`(3) The notice must be in the approved form. 15
`(4) Information in the notice must, if the approved form requires, be 16
verified by a statutory declaration.'. 17
of new s 386A 18
Insertion
Clause 27. After section 386-- 19
insert-- 20
of officials from liability 21
`Protection
`386A.(1) An official is not civilly liable for an act done or omission 22
made, honestly and without negligence under this Act. 23
`(2) If subsection (1) prevents a civil liability attaching to an official, the 24
liability attaches instead to-- 25
(a) for an official who is a member of a board--the board of which 26
the official is a member; or 27
(b) for an official who is a member of a health assessment committee 28
or who is asked to prepare an assessment report or expert's 29
report--the board that appointed the official or asked the official 30
to prepare a report; or 31
s 28 23 s 29
Health Practitioners Legislation Amendment
(c) for an official who is an investigator or inspector--the board that 1
appointed the official; or 2
(d) for an official who is a person acting under the direction or 3
authority of an investigator--the board that appointed the 4
investigator; or 5
(e) for an official who is the executive officer--the board on whose 6
behalf the official is acting. 7
`(3) In this section-- 8
"official" means-- 9
(a) a member of a board, other than when the member is performing 10
the member's duties in carrying out disciplinary proceedings; or 11
(b) a member of a health assessment committee; or 12
(c) a person who is asked by a board to prepare an assessment report 13
or an expert's report; or 14
(d) an investigator; or 15
(e) an inspector; or 16
(f) a person acting under the direction or authority of an investigator; 17
or 18
(g) the executive officer.'. 19
of s 392 (Confidentiality) 20
Amendment
Clause 28. Section 392(3)-- 21
insert-- 22
`(ba)if the disclosure is to a foreign regulatory authority and the 23
disclosure is necessary for the authority to perform its functions; 24
or'. 25
of s 396 (Board meetings by distance or flying minute) 26
Omission
Clause 29. Section 396-- 27
omit. 28
s 30 24 s 32
Health Practitioners Legislation Amendment
of new pt 13, div 1 hdg 1
Insertion
Clause 30. Part 13, immediately before section 399-- 2
insert-- 3
1--Provisions for Health Practitioners (Professional 4
`Division
Standards) Act 1999'. 5
of s 403 (Saving of existing orders made by boards or 6
Amendment
Medical Assessment Tribunal) 7
Clause 31. Section 403-- 8
insert-- 9
`(3A) If a final order mentioned in subsection (1) or (2) was an order or 10
decision of the Medical Assessment Tribunal imposing conditions on a 11
registrant's registration, the order may be reviewed under part 9, division 4, 12
as if the final order were a decision made by the Health Practitioners 13
Tribunal under section 241(2)(b) to impose conditions on the registrant's 14
registration. 15
`(3B) If a final order mentioned in subsection (1) or (2) was an order 16
made under the Medical Act 1939, section 30K, imposing conditions on a 17
registrant's registration-- 18
(a) for an order imposing conditions relating to a registrant's 19
competency to practise because of an impairment--the registrant 20
may give the registrant's board a notice under section 306 to 21
arrange a further health assessment of the registrant as if the 22
conditions had been imposed under section 299(2) and the period 23
during which the registrant may not ask for a further assessment 24
had ended; or 25
(b) for another order--the order may be reviewed under part 9, 26
division 2, as if the order were a decision made by a panel under 27
section 201(2)(b) to impose conditions on the registrant's 28
registration.'. 29
of new div 2 hdg and s 405 30
Insertion
Clause 32. After section 404-- 31
s 33 25 s 33
Health Practitioners Legislation Amendment
insert-- 1
2--Provisions for Health Practitioners Legislation 2
`Division
Amendment Act 2000 3
provision about health practitioner registration Act 4
`Transitional
`405. For the purpose of this Act continuing to apply-- 5
(a) to a person who was registered under a repealed health 6
practitioner registration Act and who, on the repeal of that Act, 7
continued to be a registrant under this Act; or 8
(b) in relation to something done or omitted by the person before the 9
repeal of the repealed Act; 10
a reference in this Act to a registrant or a health practitioner registration Act 11
is taken to include a reference to the person or the repealed registration Act.'. 12
of schedule (Dictionary) 13
Amendment
Clause 33.(1) Schedule, definition "chairperson"-- 14
omit. 15
(2) Schedule-- 16
insert-- 17
` "certificate of registration" means a certificate of registration issued 18
under a health practitioner registration Act. 19
"certificate of specialist registration" means a certificate of specialist 20
registration issued under a health practitioner registration Act. 21
"chairperson", of a board, means the chairperson of the board appointed 22
under the health practitioner registration Act that establishes the board. 23
"corresponding law" means a law applying in another State, the 24
Commonwealth or a foreign country that provides for the same matter 25
as this Act or a health practitioner registration Act. 26
"repealed health practitioner registration Act" means any of the 27
following Acts after the Act is repealed-- 28
s 34 26 s 34
Health Practitioners Legislation Amendment
· Chiropractors and Osteopaths Act 1979 1
· Dental Act 1971 2
· Dental Technicians and Dental Prosthetists Act 1991 3
· Medical Act 1939 4
· Occupational Therapists Act 1979 5
· Optometrists Act 1974 6
· Pharmacy Act 1976 7
· Physiotherapists Act 1964 8
· Podiatrists Act 1969 9
· Psychologists Act 1977 10
· Speech Pathologists Act 1979.'. 11
(2) Schedule, definition "foreign disciplinary body", `law of'-- 12
omit, insert-- 13
`law applying in'. 14
(3) Schedule, definition "foreign regulatory authority", paragraph (b), 15
`law of'-- 16
omit, insert-- 17
`law applying in'. 18
PART 4--AMENDMENT OF INDY CAR GRAND PRIX 19
ACT 1990 20
amended in pt 4 21
Act
Clause 34. This part amends the Indy Car Grand Prix Act 1990. 22
s 35 27 s 36
Health Practitioners Legislation Amendment
of s 23 (Limited rights of medical and paramedical 1
Amendment
practitioners) 2
Clause 35. Section 23(2)(c)-- 3
omit, insert-- 4
`(c) nursing;'. 5
PART 5--REPEAL OF MEDICAL ACT AND OTHER 6
ACTS (ADMINISTRATION) ACT 1966 7
8
Repeal
Clause 36. The Medical Act and Other Acts (Administration) Act 1966 (1966 Act 9
No. 24 ) is repealed. 10
11
© State of Queensland 2000
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