Medical Act 1939

Queensland MEDICAL ACT 1939 Reprinted as in force on 1 March 2002 (includes amendments up to Act No. 45 of 2001) This is the reprint current on the repeal date Reprint No. 3H This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 March 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland MEDICAL ACT 1939 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4A Meaning of “competent to practise medicine” . . . . . . . . . . . . . . . . . . . . . . . 9 4C References to legally qualified medical practitioners . . . . . . . . . . . . . . . . . 10 PART 3—MEDICAL BOARD OF QUEENSLAND Constitution 8 Constitution of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8A Increase in number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9 Disqualifications from membership of board . . . . . . . . . . . . . . . . . . . . . . . . . 13 9A Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9B Entitlements of members of board or committees . . . . . . . . . . . . . . . . . . . . . 14 Board to be body corporate 10 Board to be a body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Proceedings and business 11 President to be executive officer of board . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Powers of inquiry 12 Power of board to examine on oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13 Board a commission of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13A Stipendiary magistrate may take evidence on behalf of board . . . . . . . . . . 18 13B Offences in respect of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 13C Allowances to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Funds 14 Funds of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

2 Medical Act 1939 15 Board is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Power to make by-laws 16 Power to make by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 16A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 4—REGISTRATION Division 1—Qualifications for registration 17 Entitlement to general registration based on qualifications and training . . 23 17A Entitlement to conditional registration for interns . . . . . . . . . . . . . . . . . . . . . 23 17C Conditional registration at the discretion of the board . . . . . . . . . . . . . . . . . 24 17D Interim registration available in certain cases . . . . . . . . . . . . . . . . . . . . . . . 26 17E Non-practising registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 17G Entitlement to registration does not prevent conditions being imposed . . . 27 Division 2—Specialists 18 Specialists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 3—Grounds for refusing registration 19 Registration may be refused despite entitlement or eligibility . . . . . . . . . . 27 19A Applicants must be competent and of good character . . . . . . . . . . . . . . . . . 28 19B Restrictions on registration of deregistered persons . . . . . . . . . . . . . . . . . . . 28 19C Registration may be refused if applicant convicted of offence . . . . . . . . . . 28 19D Registration may be refused if applicant deregistered on disciplinary grounds in another jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 5—Appeals 21 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 21A Appeal to be lodged with registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 21B Appeal from inquiry decision to be by way of rehearing . . . . . . . . . . . . . . . 30 21C Pending appeal does not affect board’s determination . . . . . . . . . . . . . . . . . 30 21D Determination of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 4A—REGISTRATION PROCEDURES Division 1—Applying for registration 23 Form etc. of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 23A Application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 23B Evidence to accompany application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 23C Time within which application to be determined . . . . . . . . . . . . . . . . . . . . . 31

3 Medical Act 1939 Division 2—Dealing with applications 24 Applications to be considered and determined . . . . . . . . . . . . . . . . . . . . . . . 31 24A Notice to applicant of decision on application . . . . . . . . . . . . . . . . . . . . . . . 32 24B How a person is registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 24C Conditions on registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 3—Inquiries into applications for registration 25 Board may hold inquiry into eligibility of applicant for registration . . . . . . 32 25A Board must hold inquiry in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 25B Constitution of board for inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 25C Applicant to be notified of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 25D Practitioner entitled to attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 25E Preliminary medical examinations of applicants for registration . . . . . . . . 33 25F Decision of the committee of assessors in an inquiry . . . . . . . . . . . . . . . . . . 34 25G Details of decision to be supplied to applicant . . . . . . . . . . . . . . . . . . . . . . . 34 Division 4—Keeping and alteration of the register 26 Board is to keep the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 26A Additional information may be recorded in the register . . . . . . . . . . . . . . . . 34 26B Method of removal from the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 26C Surrender of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 26D Making a recording in the register—extended meaning . . . . . . . . . . . . . . . . 35 Division 5—Annual registration fees 27 Annual registration fee payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 27A Practitioner’s name may be removed from register for non-payment . . . . . 36 27B Entitlement to restoration if fee paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 27C Board may waive registration fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 27D How registration ceases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 6—The practice of medicine 28 Right to practise medicine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 29 Medical certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 PART 4B—REMOVAL FROM AND ALTERATION OF THE REGISTER 30 Removal of person wrongfully registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 30A Amendment of incorrect particulars concerning qualifications . . . . . . . . . . 38

4 Medical Act 1939 30B Removal on death or at own request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 30C Removal or amendment under disciplinary order . . . . . . . . . . . . . . . . . . . . . 38 30M Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 6—PROHIBITED PRACTICES 47 Prohibited practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Unauthorised advertising prohibited 47A Unauthorised advertising prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 PART 7—MEDICAL FEES 48 Power of medical practitioner to recover his or her fees etc. . . . . . . . . . . . . 43 49 Contracting-out prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 50 Certificate of review of account as evidence . . . . . . . . . . . . . . . . . . . . . . . . 45 PART 8—MISCELLANEOUS PROVISIONS 51 Maker of medical certificate to be identifiable . . . . . . . . . . . . . . . . . . . . . . 45 52A Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 46 52B Duty to notify police officer of crimes etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 46 52C Payment for referrals prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 53 “Medical practitioner” to include specialist . . . . . . . . . . . . . . . . . . . . . . . . . 47 PART 9—MEDICAL CALL SERVICES 54 Medical call services to be approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 55 Certificates of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 56 Record to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 57 Changes to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 58 Cancellation and suspension of certificates of approval . . . . . . . . . . . . . . . 48 59 Delivery of certificate of approval to board . . . . . . . . . . . . . . . . . . . . . . . . . . 49 PART 9B—MEDICAL RECORDS 67 Safeguarding of abandoned medical records . . . . . . . . . . . . . . . . . . . . . . . . . 49 68 Direction to hold medical records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 69 Transfer of medical records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 70 Destruction of medical records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 71 Rights to medical records preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 71A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

5 Medical Act 1939 PART 10—LEGAL PROCEEDINGS Board may sue 72 Board may sue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Evidence 73 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 74 Registers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 75 General offence and penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Recovery of penalties 76 Recovery of penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 76A Person not to be dealt with twice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 77 Penalties etc. to be paid into board’s funds . . . . . . . . . . . . . . . . . . . . . . . . . . 56 78 Unqualified person prohibited from recovering medical fees . . . . . . . . . . . . 56 Savings 79 Saving of other rights and remedies against medical practitioners etc. . . . 56 PART 11—MEDICAL COMPANIES 80 Application of pt 7 to medical companies . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 81 Application of pt 8 to medical companies . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 82 Power to regulate advertising etc. by medical companies . . . . . . . . . . . . . . 57 83 Regulation of company names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 84 Presumed contracts with medical practitioners acting for medical companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 85 Medical company may recover medical fees . . . . . . . . . . . . . . . . . . . . . . . . 59 PART 12—MISCELLANEOUS 86 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 PART 13—SAVINGS, TRANSITIONALS AND VALIDATIONS 87 Power of board to make by-laws about fees . . . . . . . . . . . . . . . . . . . . . . . . . 59 88 Registration as medical practitioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 89 Meaning of “foreign medical practitioner” . . . . . . . . . . . . . . . . . . . . . . . . . . 60 90 Grounds for deregistration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 91 Board’s duty to deregister practitioners liable to deregistration . . . . . . . . . 60 92 Special provision for practitioners removed for non-payment of fees . . . . . 61 93 Registration with conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 94 Consideration in respect of certain criteria . . . . . . . . . . . . . . . . . . . . . . . . . . 62

6 Medical Act 1939 95 Regulations in force under previous s 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 63 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

s1 7 s4 Medical Act 1939 MEDICAL ACT 1939 [as amended by all amendments that commenced on or before 1 March 2002] An Act to consolidate and amend the law relating to medical practitioners and the control of the practice of medicine, and for other purposes † PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Medical Act 1939 . ˙ Definitions 4. In this Act— “anatomy” means anatomy of the human body only. “approved form” see section 16A. 1 “Australian Medical Council” means the body incorporated on and from 22 February 1985, as the Australian Medical Council Incorporated, pursuant to the Associations Incorporation Ordinance 1953 made under the Seat of Government (Administration) Act 1910 (Cwlth). “board” means the Medical Board of Queensland constituted under this Act. “body” means dead human body. “certificate of approval” means a certificate of approval issued or renewed pursuant to section 55. 1 Section 16A (Approval of forms)

s4 8 s4 Medical Act 1939 “chief health officer” means the chief health officer (Department of Health) for the State within the meaning of the Health Act 1937 . “company” means a company within the meaning of the Corporations Act. “competent to practise medicine” has the meaning given by section 4A. “coroner” means a coroner within the meaning of or appointed under the Coroners Act 1958 . “fee” includes tax. “general registration” means registration that is not subject to a condition. “medical call service” means any practice, method, or arrangement whereby it is arranged by or on behalf of a medical practitioner that any person who needs or desires medical attention during the medical practitioner’s absence shall be attended by another medical practitioner other than a locum tenens in the place of such first mentioned medical practitioner. “medical company” means a company that is authorised by its memorandum or articles of association to engage in providing any medical or surgical advice, service, attendance, treatment, or operation and, where it does so engage, does so by way of a medical practitioner or medical practitioners only. “medical director” , in respect of a medical call service, means the medical practitioner nominated as the person responsible for all medical aspects of that service. “medicalpractitioner” means a person registered as a medical practitioner, and whose name remains upon the register of medical practitioners, Queensland. “panel” means a professional conduct review panel established under the Health Practitioners (Professional Standards) Act 1999 , section 15. “president” means the president of the board and, whenever necessary, includes the deputy president. “primary” where qualifying the terms degree or diploma or certificate the qualified term means a practising certificate, but any such term so qualified does not include or refer to a postgraduate degree, diploma or certificate.

s 4A 9 s 4A Medical Act 1939 “qualification” means any degree or diploma of any university or institution legally authorised to grant that degree or diploma, and which degree or diploma is approved of by the board. “register” means— (a) for a medical practitioner—the register of medical practitioners; or (b) for a specialist—the register of medical practitioners and the register of specialists. “register of medical practitioners” means the register of medical practitioners, Queensland, hereinafter mentioned. “register of specialists” means the register of specialists, Queensland, hereinafter mentioned. “registrar” means the registrar appointed as prescribed, and includes a person appointed to be the deputy registrar and any person who for the time being occupies the office or performs the duties of the registrar. “responsible person” means a medical practitioner, registered nurse or other natural person considered by the board to be a suitable applicant for a certificate of approval. “specialist” means a medical practitioner registered under this Act as a specialist with respect to a specialty, and whose name remains upon the register of specialists, Queensland, with respect to such specialty. “specialty” means a branch of medicine prescribed under this Act to be a specialty. “tribunal” means the Health Practitioners Tribunal established under the Health Practitioners (Professional Standards) Act 1999 , section 26. “unsatisfactory professional conduct” see Health Practitioners (Professional Standards) Act 1999 , schedule. ˙ Meaning of “competent to practise medicine” 4A. A person is competent to practise medicine only if the person— (a) has sufficient physical capacity, mental capacity and skill to practise medicine; and

s 4C 10 Medical Act 1939 s8 (b) has sufficient communication skills for the practice of medicine, including an adequate command of the English language. ˙ References to legally qualified medical practitioners 4C. In an Act, a reference to a ‘legally qualified medical practitioner’ or words that imply a person is recognised in law as a medical practitioner or is a member of the medical profession, is a reference to a medical practitioner. † PART 3—MEDICAL BOARD OF QUEENSLAND † Constitution ˙ Constitution of board 8.(1) For the purposes of this Act there is hereby constituted the Medical Board of Queensland ( “the board” ) which board, shall, and notwithstanding anything to the contrary contained in this Act, be and be deemed to be so constituted on the date of the first appointment of the members thereof, and shall consist of 9 members as follows, namely— (a) the chief health officer; (b) 3 members nominated by the Minister to represent the Government, who shall be appointed by the Governor in Council; (c) 3 members nominated by the association or associations recognised by the Minister as representative of medical practitioners, who shall be appointed by the Governor in Council; (d) 1 member representing users of the services of medical practitioners; (e) a barrister or solicitor of the Supreme Court. (1A) However, if more than 1 association is recognised by the Minister as representative of medical practitioners, the Governor in Council may

s 8 11 s 8 Medical Act 1939 apportion the members mentioned in subsection (1)(c) among such recognised associations in such manner as the Governor in Council shall think fit; and moreover the Governor in Council may, at any time and from time to time, re-apportion such members among the associations so recognised for the time being in such manner as the Governor in Council shall think fit. (2) Subject to this Act every member of the board other than the chief health officer shall be appointed by the Governor in Council for a period of 5 years and shall be eligible for reappointment. (2A) The Governor in Council is to appoint a member who is a medical practitioner to be the president. Appointment of members representative of medical practitioners failing their due nomination (3) If— (a) within 7 days after a date appointed by the Minister (who is hereby authorised to appoint such date) the 3 persons to be appointed as members of the board under subsection (1)(c) have not been duly nominated by the association or associations recognised by the Minister as representative of medical practitioners; or (b) at any time 1 or more of the persons so duly nominated has or have signified to the Minister his, her or their refusal to act as a member of the board; the Governor in Council may nevertheless appoint 3 persons to be members of the board under and pursuant to the powers conferred upon the Governor in Council in that behalf under subsection (1)(c) and, subject as hereinafter provided, every person so appointed shall be and be deemed to be a duly appointed member of the board. (3A) However, the Governor in Council shall include in such appointments every eligible person who has been duly nominated by any such association or associations as aforesaid and who has not signified to the Minister the person’s refusal to act as a member of the board. (3B) A vacancy occurs in the office of president when the person holding the office resigns the office or ceases to be a member.

s 8 12 s 8 Medical Act 1939 (3C) A person resigning the office of president may continue to be a member. Removal from office (4) The Governor in Council may remove any member of the board from office and, in the event of a vacancy occurring in the office of president either through removal as aforesaid or otherwise howsoever, the Governor in Council is to appoint another member who is a medical practitioner to be the president of the board. (4A) However, the appointment of a member to be president made under subsection (4) may be so made without limit of time or may be for a limited period only. Filling of vacancies on board (5) Any extraordinary vacancy which at any time occurs in the office of member by death, removal, resignation, or otherwise shall be filled as soon as may be by the appointment by the Governor in Council of another member; but a member appointed to fill any such vacancy shall be deemed to hold the office of the member’s predecessor, and shall hold office only so long as the member’s predecessor would have done had no such vacancy occurred. Appointment of deputy member (6) If a member is likely from any cause to be absent from meetings of the board for more than 3 consecutive months, the Governor in Council may appoint a deputy to act for such member during the member’s absence. Powers of deputy (7) A deputy shall have the same powers, rights, and duties as the member in whose place the deputy is appointed. Appointment of deputy for president (8) Notwithstanding anything hereinbefore in this section contained, if the president is the member likely from any cause to be absent for more than 3 consecutive months, the Governor in Council may appoint— (a) a deputy for the president, who shall be the deputy president and have the same powers, rights, and duties as the president while he or she acts as such deputy; or

s 8A 13 Medical Act 1939 s9 (b) 1 of the representatives of the government to be the deputy president, who shall have the same powers, rights, and duties as the president while he or she acts as deputy president, and another person to be the deputy for the member so appointed deputy president while he or she acts as such, who shall have the same powers, rights, and duties as the member whose deputy he or she is while he or she acts as such deputy. Absence of deputy president (9) In the absence of such deputy president from any meeting of the board, the members of the board present at the meeting shall elect a member present thereat to act as chairperson of the meeting concerned, and while such member so acts he or she shall have the same powers, rights, and duties as such deputy president. ˙ Increase in number of members 8A. If the number of members required to constitute the board is increased, an extraordinary vacancy is taken to exist in the office of a member or members to the number of the increase and— (a) each extraordinary vacancy may be filled under section 8(5); and (b) the Governor in Council may nominate the term of appointment of the person appointed to fill each vacancy. ˙ Disqualifications from membership of board 9. The office of a member shall become vacant if such member— (a) dies; or (b) becomes bankrupt or compounds or makes an arrangement with his or her creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (c) is absent without leave of the board from 3 consecutive ordinary meetings of which due notice has been given to the member; or (d) resigns office by signed notice served personally or by post upon the registrar; or (e) is removed from office by the Governor in Council; or

s 9A 14 Medical Act 1939 s 10 (f) is convicted of an indictable offence or of an offence against this Act, or is subjected to disciplinary punishment under this Act. ˙ Committees 9A.(1) The board may select persons to form an advisory committee or advisory committees to advise the board on any matter within the scope of the board’s functions referred to the committee or to a particular committee by the board. (2) A person may be a member of such a committee whether or not the person is a member of the board. ˙ Entitlements of members of board or committees 9B.(1) Members of the board and members of a committee formed pursuant to section 9A shall be entitled to such fees and allowances as are approved by the Governor in Council save that a member of the board or that committee who is an officer of the public service shall not receive fees or allowances for attendance at a meeting of the board or that committee during the member’s ordinary hours of duty. (2) Members of the board and members of a committee shall be entitled to be reimbursed such out of pocket expenses necessarily incurred by them in the performance of their duties as such members as are approved by the board. † Board to be body corporate ˙ Board to be a body corporate 10.(1) The board shall be a body corporate under the name and style of ‘The Medical Board of Queensland’, and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in its corporate name and of acquiring, holding, and disposing of real and personal property (including, without prejudice to this subsection, the power conferred upon the medical board under the Medical and Other Acts Amendment Act 1933 ), section 41(2).

s 11 15 s 11 Medical Act 1939 Judicial notice of seal of board (2) All courts, judges, justices, and persons acting judicially shall take judicial notice of the seal of the board affixed to any document or notice, and shall presume that it was duly affixed. † Proceedings and business ˙ President to be executive officer of board 11.(1) The president shall be the executive officer of the board. (1A) Every appointment and every order, notice, certificate, or other document of the board relating to the execution of this Act shall be sufficiently authenticated if signed by the president. (1B) However, the president may authorise the registrar, either generally or in a particular case, to sign such order, notice, certificate, or other document and the signature of the registrar appearing thereon shall be evidence, and in the absence of evidence to the contrary, conclusive evidence of such authorisation. Duties of president (2) The president shall preside at all meetings of the board at which the president is present and, in the event of the president’s absence at any time when there is no deputy president, 1 of the members of the board present at the meeting elected by the members present thereat (who shall be deemed to be the deputy president while he or she so acts) shall so preside. (2A) The fact that a member so presides shall be conclusive evidence of the absence of the president and that there is no deputy president. (2B) The person presiding at any meeting of the board shall have a casting as well as a deliberative vote. Business (3) Subject to this Act, the board shall meet at such times and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may decide.

s 11 16 s 11 Medical Act 1939 Special meetings (4) Special meetings may be summoned at any time by the president, and shall be so summoned by the president upon receipt of a requisition in writing signed by any 2 members. Quorum (5) No business shall be transacted at any meeting of the board unless at least 5 of the members are present when such business is transacted. Voting (6) All powers vested in the board may be exercised by the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. (6A) At all meetings, save as herein otherwise provided all members present shall vote. (6B) If a member refuses to vote, the member’s vote shall be counted for the negative. Pecuniary interest (7) No member shall vote or take part in any debate with respect to any matter in which the member has directly or indirectly, personally or his or her partners, any pecuniary interest. Adjournments (8) The members present at a meeting may from time to time adjourn the meeting. (8A) If a quorum is not present within 30 minutes after the time appointed for a meeting, the members present or the majority of them, or any 1 member if 1 one is present, or the registrar if no member is present, may adjourn such meeting to any time not later than 7 days from the date of such adjournment. (8B) However, nothing herein contained shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held. Notice of meetings (9) All notices of any meeting or adjourned meeting (other than of a

s 12 17 s 12 Medical Act 1939 meeting adjourned to a later hour of the same day on which such meeting was appointed to be held) shall be in writing, and shall be delivered, or sent by post or otherwise, to the address of each of the members previous to the meeting. (9A) Every such notice shall specify the time of meeting and, in case of a special meeting, shall specify the object thereof. (9B) No business shall be transacted at any special meeting except such as is stated in the notice thereof. Validation of proceedings (10) If any member refuses or neglects to act or attend any duly convened meeting of the board, all lawful acts and proceedings of the board shall be as valid and effectual as if they had been done or authorised by the full board. (10A) No proceedings of the board or of any person acting as president or member shall be invalidated by reason of any defect in his or her appointment or, in the case of a nominated member, nomination, or of any disqualification of any such person, or by reason of there being any vacancy in the number of members at the time of such proceedings, provided that the number of members is not reduced below 4. Registrar and officers (11) Nothing in this Act shall prejudice the Medical and Other Acts Amendment Act 1933 , section 42, and the Governor in Council may, pursuant to the said section, appoint a registrar as often as a vacancy occurs in that office and may, pursuant to the said section, appoint, from time to time, such other officers as the Governor in Council may deem necessary to carry out the provisions and objects of this Act. † Powers of inquiry ˙ Power of board to examine on oath 12. The board may for the purposes of this Act examine any person on oath or take a statutory declaration from any person.

s 13 18 s 13A Medical Act 1939 ˙ Board a commission of inquiry 13.(1) For the purpose of hearing any application under this Act, the board shall be deemed to be a commission of inquiry within the meaning of the Commissions of Inquiry Act 1950 and the provisions of that Act, other than sections 4, 4A, 10(3) and 13, shall apply accordingly. (2) For the purpose of applying the provisions of the Commissions of Inquiry Act 1950 , each member of the board shall be deemed to be a commissioner, and the president shall be deemed to be the chairperson, within the meaning of that Act. ˙ Stipendiary magistrate may take evidence on behalf of board 13A.(1) For any purpose for which the board is deemed to be a commission of inquiry pursuant to section 13, the president may, by signed notice, summon a person to attend before a stipendiary magistrate at a time and place named in the summons, and then and there to give evidence in respect of any matter specified therein and may further require the person to produce any books, documents, or writings in the person’s custody or control, which the person is required by the summons to produce. (2) The president shall not issue a summons under subsection (1) without first obtaining the approval of the Minister. (3) A stipendiary magistrate before whom a person is summoned pursuant to subsection (1) shall take the person’s evidence and for that purpose the stipendiary magistrate shall be deemed to be a commission of inquiry within the Commissions of Inquiry Act 1950 and the provisions of that Act, other than sections 4, 4A, 10(3) and 13, shall apply accordingly. (4) For the purpose of applying the provisions of the Commissions of Inquiry Act 1950 — (a) the stipendiary magistrate shall be deemed to be a commissioner and the chairperson within the meaning of that Act; (b) a person summoned pursuant to subsection (1) shall be deemed to have been summoned by the stipendiary magistrate in the person’s capacity as the chairperson within the meaning of that Act. (5) After taking the evidence of a person summoned, the stipendiary

s 13B 19 Medical Act 1939 s 14 magistrate shall forward it to the president. (6) Evidence taken by a stipendiary magistrate pursuant to this section shall have the same force and effect as if it were taken before the board. ˙ Offences in respect of inquiry 13B. A person who, without reasonable excuse— (a) having been served pursuant to this Act with a summons to attend before the board or a stipendiary magistrate as a witness, fails to attend in obedience to the summons; or (b) having been served pursuant to this Act with a summons to attend before the board or a stipendiary magistrate, fails to produce any book, document or writing in the person’s custody or control, which the person is required by the summons to produce; or (c) being called or examined pursuant to this Act as a witness before the board or a stipendiary magistrate, refuses to be sworn or to make an affirmation or declaration or refuses or otherwise fails to answer any relevant question put to the person by the board or the stipendiary magistrate; commits an offence against this Act. ˙ Allowances to witness 13C.(1) Subject to this section, a witness appearing before the board, or before a stipendiary magistrate, when deemed, pursuant to this Act to be a commission of inquiry within the meaning of the Commissions of Inquiry Act 1950 , shall be paid allowances in accordance with section 24 of that Act. (2) The claim to any such allowances of any witness, certified by the president, shall be paid by the board out of its funds. † Funds ˙ Funds of board 14.(1) All moneys received by the board or the registrar, including fees

s 15 20 s 16 Medical Act 1939 and penalties, shall be paid into the funds of the board. (1A) Without prejudice to any other right or remedy conferred upon the board with respect thereto, all moneys, including fees, due and owing to the board may, if not duly paid, be recovered by the board as a debt by action in any court of competent jurisdiction. (2) The remuneration of the registrar and other officers appointed under this Act, and all other expenses of and incidental to the administration of this Act, including all expenses incurred by or in connection with the tribunal, shall be paid by the board out of its funds. (2AA) The board may pay out of its funds any sum due under an agreement lawfully made for the purposes of this Act and any sum recoverable against the board by process of law. (2A) The board may, with the approval of the Minister, appropriate any portion of its funds, not required by the board for any of the purposes mentioned in subsection (2) or (2AA) or for the purposes of the Medical Act and Other Acts (Administration) Act 1966 , for medical education and research. ˙ Board is statutory body 15.(1) Under the Statutory Bodies Financial Arrangements Act 1982 , the board is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . † Power to make by-laws ˙ Power to make by-laws 16.(1) The board may make by-laws under this Act. (1A) A by-law must be approved by the Governor in Council. 2 2 A by-law is subordinate legislation (see Statutory Instruments Act 1992 , sections 7, 8(b)(i) and 9(1)(a)).

s 16 21 s 16 Medical Act 1939 (1B) A by-law may create offences and prescribe penalties of not more than 30 penalty units for each offence. (1C) A by-law may be made for or about any of the following matters— (a) the powers, duties and functions of the registrar, officers and inspectors appointed for the effectual administration of this Act; (b) the register of medical practitioners and the register of specialists and the manner of keeping them; (c) the making of applications to the board, and the effect of furnishing false particulars therein; (d) the conduct of meetings of the board; (e) the entitlement of members to vote upon business before a meeting; (f) the seal of the board and the attesting of documents by and on behalf of the board; (g) the purposes for which fees are payable under this Act, the amounts of fees, the persons who are liable to pay fees, when fees are payable, the waiver of fees and the recovery of unpaid amounts of fees; (h) the forms to be used for the purposes of this Act; (i) regulating and controlling the use by medical practitioners (including specialists) of titles, letters or words indicating or describing their qualifications; (j) prescribing titles, letters or words that shall or may be used to indicate or describe that any person is a medical practitioner or to indicate or describe any particular medical qualification; (k) prohibiting the use by medical practitioners, in relation to their qualifications as medical practitioners or the practice by them of medicine of any titles, letters or words, other than those prescribed for such use or prohibiting any prescribed titles, letters or words from being so used and, in relation to medical qualifications, either generally or except to indicate or describe a particular qualification; (l) regulating, controlling and prohibiting canvassing or soliciting

s 16 22 s 16 Medical Act 1939 work or business by, for or on behalf of medical practitioners; (m) providing for and regulating advertisements, signs and notices concerning the provision of professional services by a medical practitioner and the use by a medical practitioner of any mode or form of advertising, either generally or in a particular case; (n) prescribing the minimum requirements for any such advertisements, signs or notices that the board may require of a medical practitioner, either generally or in a particular case; (o) prescribing the modes and forms of advertising and the practices associated with advertising by a medical practitioner that are prohibited; (r) prescribing the experience in medicine and surgery and the aggregate amount of the period or periods of such experience to be obtained as part of the qualification for registration as a medical practitioner or specialist; (s) prescribing the duties and responsibilities of medical practitioners and the procedures to be adopted by them in providing a continuous service for their patients; (t) prohibiting or restricting the establishment, use, conduct of or participation in medical call services; (u) prescribing where, in what circumstances and subject to what standards, terms, conditions, duties or responsibilities a responsible person may establish, use, conduct or participate in medical call services; (v) prescribing such other matters and things as in the board’s opinion are necessary or desirable in relation to medical call services; (w) all matters required or permitted by this Act to be prescribed by by-laws. (2) In subsection (1)(m) to (o)— “advertising” includes giving, sanctioning, participating in or assisting in the preparation of a public television or radio interview or other broadcast, or public address or by providing, sanctioning, contributing to or assisting in the preparation of a newspaper or other written

s 16A 23 Medical Act 1939 s 17A interview or other report that is calculated to provide publicity concerning the practice of a medical practitioner, and “advertisement” has a corresponding meaning. ˙ Approval of forms 16A. The board may approve forms for use under this Act. † PART 4—REGISTRATION † Division 1—Qualifications for registration ˙ Entitlement to general registration based on qualifications and training 17.(1) A person is entitled to general registration as a medical practitioner if the person has recognised medical qualifications and has successfully completed a period of internship or supervised training required by the board. (2) A person has “recognised medical qualifications” if the person is a graduate of a medical school (whether within or outside Australia) accredited by the Australian Medical Council or has successfully completed examinations held by the council for the purposes of registration as a medical practitioner. ˙ Entitlement to conditional registration for interns 17A.(1) A person is entitled to be registered as a medical practitioner subject to appropriate conditions if the person would be entitled to registration under section 17 except for the fact that the person has not completed a period of internship or supervised training required by the board. (2) The “appropriate conditions” of registration are the conditions that

s 17C 24 Medical Act 1939 s 17C the board considers appropriate for the purpose of enabling the person to complete the internship or training. ˙ Conditional registration at the discretion of the board 17C.(1) The board may register a person as a medical practitioner under any of the following paragraphs and may impose such conditions on the registration as the board considers appropriate— (a) Graduates from non-accredited institutions—postgraduate training • A person who is a graduate of medicine from an institution which is not accredited by the Australian Medical Council may be registered on a temporary basis to enable the person to undertake a period of postgraduate training in medicine approved by the board; (b) Candidates for council examinations approved for supervised training • A person who is a candidate for an examination held by the Australian Medical Council and has been approved by the council to undertake a period of supervised training approved by the board before sitting for the examination may be registered for the purpose of enabling the person to undertake the training; (c) Medical teaching or research • A person may be registered for the purpose of enabling the person to fill a medical teaching or research position if the person has qualifications that the board recognises for the purpose; (d) Unmet areas of need • A person may be registered for the purpose of enabling an unmet area of need, decided under subsection (2), to be met if the board is satisfied that the person has suitable qualifications and experience to practise medicine in the area of need;

s 17C 25 Medical Act 1939 s 17C (e) Recognised specialist qualifications and experience • A person may be registered if the board is satisfied that the person has specialist qualifications and experience in medicine recognised by the relevant Australian specialist college or institution and registration is for the purpose of enabling the person to practise within that specialty; (f) Foreign specialist qualifications and experience—further training • A person may be registered if the board is satisfied that the person has specialist qualifications and experience in medicine obtained outside Australia that are not recognised by the relevant Australian specialist college or institution, and that registration is for the purpose of enabling the person to undergo further specialist training or examination before being assessed for recognition by the college or institution; (g) Temporary registration in the public interest • A person may be registered on a temporary basis if the board is satisfied that it is in the public interest to do so; (h) Qualifications in general practice • A person may be registered if— (i) the person has qualifications in the general practice of medicine conferred by the Royal Australian College of General Practitioners or another body prescribed under a regulation; and (ii) registration is to enable the person to practise in general practice. (2) For subsection (1)(d), the Minister may decide there is an unmet area of need relating to a medical service if the Minister considers there are insufficient medical practitioners practising in the State or part of the State to provide the service at a level that meets the needs of people living in the State or the part of the State. (3) The Minister must give the board written notice of the decision.

s 17D 26 Medical Act 1939 s 17E ˙ Interim registration available in certain cases 17D.(1) An applicant for registration may be granted interim registration in either of the following cases— (a) if the applicant is entitled to registration under section 17 but it is not practicable to wait until the board can consider the application; (b) if the applicant would be entitled to registration under section 17A except for the fact that a degree or award to which the applicant is entitled has not yet been conferred or granted by the institution concerned. (2) A person authorised by the board for the purposes of this section may grant an applicant interim registration under this section. (3) A person’s interim registration is in force from the time of its grant until the person is given written notice that any of the following things has happened— (a) the board has granted the person registration; (b) the board has refused the application for registration; (c) the board has cancelled the interim registration. (4) The board may cancel a person’s interim registration for a reason that it considers appropriate. (5) If the board acts under subsection (4), it must immediately give the person written notice of the cancellation. (6) A person who holds interim registration is, for all purposes, taken to be registered as a medical practitioner. (7) If a person was the holder of interim registration immediately before the person is registered, the person’s registration is taken to have commenced on the day on which interim registration was granted. (8) Interim registration granted under this section is taken to have been granted by the board. ˙ Non-practising registration 17E.(1) A person who is entitled to, or eligible for, registration under another provision of this part, but who does not intend to practise, may elect

s 17G 27 Medical Act 1939 s 19 to be registered subject to the condition that the person is not to practise medicine. (2) The board may register the person mentioned in subsection (1) subject to such a condition. ˙ Entitlement to registration does not prevent conditions being imposed 17G. An entitlement to registration under this Act does not prevent conditions being imposed on that registration under this Act. † Division 2—Specialists ˙ Specialists 18.(1) A medical practitioner is entitled to specialist registration if the medical practitioner has recognised specialist qualifications in a prescribed speciality of medicine. (2) A person has “recognised specialist qualifications in a prescribed speciality of medicine” if the person satisfies the board that the person— (a) has gained special skill in the particular speciality, with respect to which the application relates, by adequate experience in the speciality gained in the prescribed way; and (b) is the holder of a qualification in a prescribed speciality of medicine; and (c) satisfies the prescribed conditions that relate to the qualification. † Division 3—Grounds for refusing registration ˙ Registration may be refused despite entitlement or eligibility 19. This division overrides an entitlement to, or eligibility for, registration under divisions 1 and 2.

s 19A 28 Medical Act 1939 s 19C ˙ Applicants must be competent and of good character 19A. The board may register a person as a medical practitioner only if it is satisfied that the person— (a) is competent to practise medicine; and (b) is of good character. ˙ Restrictions on registration of deregistered persons 19B.(1) The board must reject an application for registration by a person who has been deregistered under this Act. (2) A person is “deregistered” when— (a) the person’s name is removed from the register under an order of the tribunal or the Supreme Court; or (b) the tribunal or the Supreme Court orders that the person not be re- registered. (3) The only way such a person can again be registered is on a review under part 4B, division 3 of the order by which the person was deregistered. ˙ Registration may be refused if applicant convicted of offence 19C.(1) The board may refuse an application for registration if— (a) the applicant has been convicted in Queensland of an offence or has been convicted elsewhere by a court for or in respect of an act or omission that would, had it taken place in Queensland, have constituted an offence; and (b) the board is of the opinion that the conviction renders the person unfit in the public interest to practise medicine. (2) In making a decision under this section, the board is to have regard to the nature of the offence (such as, for example, whether it is of a trivial nature) and the circumstances in which it was committed.

s 19D 29 Medical Act 1939 s 21A ˙ Registration may be refused if applicant deregistered on disciplinary grounds in another jurisdiction 19D.(1) The board may refuse an application for registration if the applicant’s name has been removed or erased from a foreign medical register for a reason that would be a ground for disciplinary action under the Health Practitioners (Professional Standards) Act 1999 . (2) In this section— “foreign medical register” means a register or roll established or kept under a law of another State or a Territory or of a foreign country providing for the registration, licensing or certification of medical practitioners under an authority established by a law of the State, Territory or country. † Division 5—Appeals ˙ Right of appeal 21.(1) A person may appeal to the tribunal against any of the following determinations of the board— (a) a determination to refuse a person’s application for registration; (b) a determination under this Act imposing a condition on the person’s registration; (d) a determination made under section 30 or 91 to remove a medical practitioner’s name from the register; (e) a determination made under section 30A to alter the records of the register in respect of a medical practitioner. (2) An appeal must be made within 28 days (or such longer period as the registrar may allow in a particular case) after notice of the determination or action is given to the person. ˙ Appeal to be lodged with registrar 21A. An appeal must be lodged with the registrar who is to refer it to the tribunal.

s 21B 30 Medical Act 1939 s 21D ˙ Appeal from inquiry decision to be by way of rehearing 21B.(1) If the determination in respect of which an appeal is made was made because of an inquiry held by the board under part 4A, division 3, the appeal is to be dealt with by way of rehearing. (2) Fresh evidence or evidence in addition to or in substitution for the evidence received at the inquiry may be given at the rehearing. ˙ Pending appeal does not affect board’s determination 21C. An appeal does not affect a determination with respect to which it is made until the appeal is determined. ˙ Determination of appeal 21D.(1) When it determines an appeal, the tribunal may dismiss the appeal or order that the determination of the board be revoked and replaced by a different determination made by the tribunal and specified in the order. (2) The tribunal may also make such ancillary orders as it considers appropriate. (3) The tribunal’s decision— (a) is taken to be the determination of the board; and (b) does not confer a right of appeal under this division in respect of the decision. (4) The board is to give effect to an order made by the tribunal.

s 23 31 s 24 Medical Act 1939 † PART 4A—REGISTRATION PROCEDURES † Division 1—Applying for registration ˙ Form etc. of application 23. An application for registration must be in the approved form and must be lodged with the registrar. ˙ Application fee 23A.(1) The application is to be accompanied by the prescribed fee. (2) The board may waive the requirement for a fee in a particular case. ˙ Evidence to accompany application 23B. The application is to be accompanied by such evidence as the board requires. ˙ Time within which application to be determined 23C.(1) For the purposes of an appeal under this Act, the board is taken to have determined that an applicant for registration is not entitled to be registered and to have refused the application if the board does not consider and determine the application within 3 months after the application is lodged with the registrar. (2) The board and the applicant may agree on a longer period than 3 months for the purposes of this section, in which case the agreed longer period applies. † Division 2—Dealing with applications ˙ Applications to be considered and determined 24. The board is to consider and determine all applications for registration by either—

s 24A 32 Medical Act 1939 s 25 (a) registering the applicant (unconditionally or subject to conditions); or (b) refusing the application. ˙ Notice to applicant of decision on application 24A.(1) The board is to give an applicant for registration written notice of the board’s decision on the application as soon as practicable after the decision is made. (2) If the decision is to grant registration, the board is to issue to the applicant a certificate of registration in the approved form stating the particulars recorded in the register with respect to the applicant. ˙ How a person is registered 24B. The board registers a person by recording in the register the particulars that the board considers appropriate and any conditions to which the registration is subject. ˙ Conditions on registration 24C. The conditions that may be imposed on registration under this Act at the time of registration include— (a) conditions relating to the duration of registration; and (b) the aspects of the practice in which the person who is registered may be engaged; and (c) conditions relating to any other matter that the board considers appropriate. † Division 3—Inquiries into applications for registration ˙ Board may hold inquiry into eligibility of applicant for registration 25.(1) The board may hold an inquiry, in such cases as it considers appropriate, into the eligibility of an applicant to be registered as a medical

s 25A 33 Medical Act 1939 s 25E practitioner. (2) The inquiry may include an inquiry into the applicant’s competence to practise medicine. ˙ Board must hold inquiry in certain cases 25A. If the board is not satisfied as to the eligibility of an applicant to be registered after considering the application for registration, the board is to hold an inquiry under this division for the purpose of satisfying itself as to eligibility. ˙ Constitution of board for inquiry 25B. For the purposes of conducting an inquiry under this part, the board may appoint a committee of assessors comprised of medical practitioners (whether or not they are members of the board). ˙ Applicant to be notified of inquiry 25C. The board or committee of assessors is to fix a time and place for the holding of an inquiry and is to give the applicant concerned at least 14 days written notice of the time and place for the inquiry. ˙ Practitioner entitled to attend 25D. The applicant concerned is entitled to attend and to be accompanied by a barrister or solicitor or another adviser, but is not entitled to be represented by a barrister or solicitor or other adviser. ˙ Preliminary medical examinations of applicants for registration 25E. Before or during an inquiry under this division, the board may require the applicant for registration, by written notice given to the applicant, to undergo, at the board’s expense, a medical examination by a specified medical practitioner, at a specified reasonable time and place.

s 25F 34 Medical Act 1939 s 26A ˙ Decision of the committee of assessors in an inquiry 25F. On completion of the inquiry, the committee of assessors is to advise the board of its decision about the eligibility of the applicant to be registered as a medical practitioner. ˙ Details of decision to be supplied to applicant 25G.(1) The board must give written notice of the decision on an inquiry to the applicant and must do so within 1 month after the decision is made. (2) The notice must give the reasons for the decision. (3) The board may also give written notice of a decision to such other persons as the board considers appropriate. † Division 4—Keeping and alteration of the register ˙ Board is to keep the register 26.(1) The board is to keep— (a) a register called the register of medical practitioners, Queensland; and (b) a register called the register of specialists, Queensland. (2) The register must be made available, at all reasonable times, for inspection at the office of the board by any person on payment of the prescribed fee. (3) The board may carry out a search of the register on a person’s behalf and is entitled to charge such fee as it determines for the search. ˙ Additional information may be recorded in the register 26A.(1) On application by a medical practitioner and payment of the prescribed fee, the board may record in the register any particulars, in addition to those required to be recorded in the register, as the board approves. (2) The board must make other recordings in the register necessary for

s 26B 35 Medical Act 1939 s 27 the purpose of maintaining the register as an accurate record of the particulars relating to each medical practitioner. ˙ Method of removal from the register 26B.(1) The name of a medical practitioner is removed from the register by the making in the register of the recording the board directs. (2) If a person’s name is removed from the register otherwise than in accordance with an order of the tribunal or the Supreme Court, the board must give written notice to the person. ˙ Surrender of certificates 26C.(1) The board may, by written notice, require a person who has ceased to be registered to give to the board within a specified reasonable time a certificate issued to the person under this Act in respect of the registration. (2) The person must not, without reasonable excuse, fail to comply with the notice. Maximum penalty—1 penalty unit. ˙ Making a recording in the register—extended meaning 26D. A reference in this Act to “the making of a recording in the Register” includes a reference to amending, cancelling or deleting a recording in the register. † Division 5—Annual registration fees ˙ Annual registration fee payable 27. A medical practitioner must, on or before a day notified in writing to the practitioner at least 1 month in advance, pay to the board the prescribed annual registration fee.

s 27A 36 Medical Act 1939 s 27C ˙ Practitioner’s name may be removed from register for non-payment 27A.(1) The board must give written notice to a medical practitioner who does not pay the annual registration fee on or before the due day that, if the fee is not paid on or before a later specified day, the practitioner’s name will be removed from the register. (2) The board may remove from the register the name of a medical practitioner who has been so notified and fails to pay the fee on or before the later day. ˙ Entitlement to restoration if fee paid 27B.(1) A person whose name has been removed from the register for failure to pay the annual registration fee is entitled to have their name restored to the register if the person pays to the board the unpaid annual registration fee or fees together with the prescribed restoration fee. (2) The board may waive payment of the restoration fee in a particular case. (3) The entitlement of a person to have their name restored to the register is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person’s registration immediately before the removal of the person’s name from the register. (4) A person registered under an entitlement to have their name restored to the register under this section is taken to have been so registered on and from the day the person’s name was removed from the register or on and from such later day as the board determines and notifies to the person. (5) The entitlement of a person to have their name restored to the register under this section does not override any other provision of this Act under which the person’s name is authorised or required to be removed from the register. ˙ Board may waive registration fee 27C. The board may, for such reason as it considers appropriate, waive the requirement that an annual registration fee be paid by a medical practitioner in a particular year.

s 27D 37 Medical Act 1939 s 29 ˙ How registration ceases 27D. A medical practitioner ceases to be registered when— (a) the board gives the person written notice that the person’s name has been removed from the register under this Act; or (b) if registration is conditional and the period of the registration is specified in a condition—the period of the registration expires. † Division 6—The practice of medicine ˙ Right to practise medicine 28. A person other than a medical practitioner may not hold an appointment as— (a) a physician, surgeon or other medical officer— (i) in a passenger or other vessel leaving a port and registered in Queensland; or (ii) in a public or private hospital or other institution or society for affording medical relief in sickness, infirmity or old age; or (b) a medical inspector, medical officer of health or health officer. ˙ Medical certificates 29.(1) A person who is not a medical practitioner must not sign a medical certificate of the cause of death of a deceased person. (2) A certificate required by law to be signed by a physician, surgeon or medical practitioner is invalid if the person signing the certificate is not a medical practitioner.

s 30 38 s 30C Medical Act 1939 † PART 4B—REMOVAL FROM AND ALTERATION OF THE REGISTER ˙ Removal of person wrongfully registered 30. The board may remove from the register the name of a person who— (a) has been registered because of a false or fraudulent representation or declaration, made either verbally or in writing; or (b) is not entitled or eligible to be registered. ˙ Amendment of incorrect particulars concerning qualifications 30A.(1) The board may remove particulars from, or otherwise amend, the register if the particulars appearing on the register in respect of the qualifications of a medical practitioner are proved to the satisfaction of the board to be, or are to the board’s knowledge, false or erroneous in any respect. (2) This requirement applies even if the practitioner had the relevant qualifications or the entry was otherwise correct when the entry was made in the register. ˙ Removal on death or at own request 30B. The board must remove the name of a medical practitioner from the register if the practitioner has died or has requested the board to remove his or her name. ˙ Removal or amendment under disciplinary order 30C.(1) The board must remove the name of a person from the register if removal of the person’s name is required by an order under this Act or another Act of the tribunal or the Supreme Court. (2) The board is to make the recordings in the register necessary to give effect to an order under this Act or another Act of the board, a panel, the

s 30M 39 Medical Act 1939 s 47 tribunal or the Supreme Court about the conditions to be imposed on a person’s registration. ˙ Appeal 30M. A person— (a) whose name has been removed from the register under section 30; or (b) in respect of whom, conditions, to which the person’s registration is subject to, have been altered under section 30A; may appeal to the tribunal against the removal or alteration. † PART 6—PROHIBITED PRACTICES ˙ Prohibited practices 47.(1) No person other than a medical practitioner shall advertise or hold himself or herself out as being, or in any manner pretend to be or possess the status of, or take or use or by inference adopt (either alone or in conjunction with any other title, word, or letter) the name, title, or letters of a physician, doctor of medicine, licentiate in medicine or surgery, master in surgery, bachelor of medicine or surgery, doctor, surgeon, medical or qualified or registered practitioner, apothecary, accoucheur, or take or use or by inference adopt any other medical or surgical name, title, or letters implying, or that may be construed to imply, that the person is a medical practitioner, or that the person is qualified to practise medicine. (1A) Subsection (1) does not apply in respect of anything said or done by a person authorised to practise medicine or any branch thereof under a law of any other State or a Territory, for the purpose of the person giving to another person medical aid which is reasonable having regard to that other person’s condition at the time and to all the circumstances of the case. (2) No person other than a medical practitioner shall advertise or hold himself or herself out as being, or in any manner pretend to be or possess the status of, or take or use or by inference adopt (either alone or in

s 47 40 s 47 Medical Act 1939 conjunction with any other title, word, or letter) the name, title, or letters of a specialist with respect to any branch of medicine, or take or use or by inference adopt any other medical or surgical name, title, or letters implying, or that may be construed to imply, that the person is a specialist or qualified to practise as a specialist with respect to any branch of medicine. (3) On and after 1 January 1942, no medical practitioner other than a specialist shall advertise or hold himself or herself out as being, or in any manner pretend to be or possess the status of, or take or use or by inference adopt (either alone or in conjunction with any other title, word, or letter) the name, title, or letters of a specialist with respect to any branch of medicine, or take or use or by inference adopt any other medical or surgical name, title, or letters implying, or that may be construed to imply, that the specialist is or is qualified to practise as a specialist with respect to any branch of medicine. (4) Any person who advertises or holds himself or herself out as being or in any manner pretends to be or possess the status of, or takes or uses (either alone or in conjunction with any other title, word, or letter) the name, title, or letters of ‘consultant’ (or of any word or words which may be construed to imply that the person is a ‘consultant’) with respect to medicine or any branch of medicine, shall— (a) if the person is not a medical practitioner—be deemed to hold himself or herself out as being a medical practitioner; or (b) if the person is a medical practitioner—be deemed to hold himself or herself out as being a specialist. (4AA) In the case of a medical practitioner referred to in subsection (4)(b) it shall be immaterial that the holding out does not refer to any particular specialty. (4A) Any person who advertises or exhibits any diploma, certificate, membership, licence, letters, testimonial or any title, status or document, or takes or uses any letters (either alone or in conjunction with any title, word or letter) which may be construed to imply that the person is qualified to practise medicine or any branch of medicine shall, if the person is not a medical practitioner, be deemed to hold himself or herself out as being a medical practitioner. (4AB) It shall be immaterial that the holding out does not refer to the actual practice of medicine.

s 47 41 s 47 Medical Act 1939 (4AC) Subsection (4A) does not apply to the advertising or exhibiting by a person who is duly registered under an Act of this State (whether passed before or after the enactment of subsection (4A)) which provides for the registration of persons practising any branch of medicine— (a) of a certificate of that registration; or (b) of any diploma or other document evidencing the qualification entitling the person to registration under the Act in question; nor does subsection (4A) apply to the advertising or exhibiting by a person of a degree or diploma in a branch of medicine of a university in the Commonwealth at any time when an Act of this State does not provide for the registration of persons practising that branch of medicine. (4B) Any person who uses the title ‘doctor’ or any abbreviation of that title (whether alone or in conjunction with any title, word or letter) where such title or abbreviation may be construed to be used to confer upon such person the status of a medical practitioner shall be deemed to hold himself or herself out as being a medical practitioner. (4C) Any person who in the course of, or for a purpose of or connected with the practice or attempted practice of medicine or any branch of medicine displays, exhibits, uses or purports to use a sphygmomanometer, stethoscope, a hypodermic syringe or an X-ray apparatus shall be deemed to hold himself or herself out as being a medical practitioner unless he or she is a person who, in the case of display or exhibit only of such an instrument or apparatus, does so only for the purpose of acting or, in any other case, is acting solely under the supervision and instruction or upon the request (whether made directly to the person or otherwise) of a medical practitioner or, in the case of an X-ray apparatus, he or she is a person who, under the Radiation Safety Act 1999 , is lawfully entitled to use the same or he or she is a person authorised by the by-laws to use the thing in question. (5) Every person who by himself, herself or by an assistant, servant, agent, or manager, and every person who as assistant, servant, agent, or manager on behalf of another, does or permits any act, matter, or thing contrary to any provision of subsection (1), (2) or (3) shall be guilty of an offence and liable to a penalty of not less than 1 penalty unit nor more than 30 penalty units, or to imprisonment for a period not exceeding 6 months. (6) Every person who exhibits or publishes, or causes, permits, or suffers to be exhibited or published, any letter, circular, placard, handbill,

s 47A 42 Medical Act 1939 s 47A card, or advertisement of any kind whereby any person other than himself or herself advertises or holds out or is advertised or held out contrary to any provision of subsection (1), (2) or (3), or attempts so to do, shall be guilty of an offence and liable to a penalty of not less than 1 penalty unit nor more than 30 penalty units. (7) Where in any proceedings for an offence against this section it appears from any document or paper that any person is advertised or held out contrary to any provision of this section, the defendant shall be convicted unless the defendant proves to the satisfaction of the adjudicating court that the defendant did not authorise and was not responsible for such advertising or holding out. (8) This section shall not apply to any newspaper proprietor or publisher publishing such advertisement before written notice from the registrar that such advertisement is contrary to this section. † Unauthorised advertising prohibited ˙ Unauthorised advertising prohibited 47A. A person shall not— (a) advertise in Queensland; or (b) in Queensland, do any act or take any step to cause to be advertised outside Queensland; the availability in Queensland of a medical service from another person who is a medical practitioner, specialist or medical company otherwise than in accordance with an authorisation obtained from the other person and, if there is an approved form for the authorisation, under an authorisation in the approved form. Maximum penalty—30 penalty units.

s 48 43 s 48 Medical Act 1939 † PART 7—MEDICAL FEES ˙ Power of medical practitioner to recover his or her fees etc. 48.(1) Every medical practitioner shall be entitled to sue in any court of competent jurisdiction for the recovery of the charge or remuneration for any medical or surgical advice, service, attendance, treatment, or operation rendered or performed by the medical practitioner. (2) No action or suit for the recovery of fees or remuneration for professional services of any kind as a medical practitioner shall be commenced until the expiration of 6 months after an account setting out the amount claimed has been served personally or by post upon the party to be charged with the same. (3) The party chargeable may within 6 months after service upon the party of an account apply in the prescribed manner to the board to review the same upon the ground that the amount thereof is excessive or unreasonable, and, in the event of the party so doing, shall serve notice of the party’s application upon the medical practitioner concerned either personally or by post. (4) Upon application duly made pursuant to subsection (3), the board shall review the account the subject of that application. (4A) If in respect of the professional services to which the account relates the board finds upon such review that the amount charged in the account— (a) is not an excessive fee or remuneration, the board shall certify that finding; or (b) is an excessive fee or remuneration the board shall certify that finding and also the lesser amount found by the board to be a reasonable fee or remuneration. (5) The board may require such evidence to be furnished as it may think necessary or desirable for the purpose of such review and may fix a time within which such evidence shall be furnished. (5A) If any person neglects or fails to furnish any evidence so required within the time so fixed, the board may proceed to review the account without such evidence. (5B) If the board is not satisfied with the evidence respecting any medical

s 48 44 s 48 Medical Act 1939 account referred to it for review, it may request any stipendiary magistrate or clerk of Magistrates Courts to determine the facts of the matter, and for that purpose such stipendiary magistrate or clerk of Magistrates Courts shall have the powers, authorities, protection, and jurisdiction of a commission under the Commissions of Inquiry Act 1950 and the board or, upon appeal, the tribunal may give such effect as it thinks fit to his or her findings upon the facts so determined. (6) In the review of any account the board shall have regard to the following matters— (a) the time occupied in and the nature of the medical or surgical advice, service, attendance, treatment, or operation rendered or performed; (b) the distance between the consulting room or residence of the medical practitioner and the place at which the medical practitioner rendered or performed the advice, service, attendance, treatment, or operation; (c) the hours of the day or night at which such advice, service, attendance, treatment, or operation was rendered or performed; (d) the degree of skill, knowledge, or experience required or given in the rendering or performance of such advice, service, attendance, treatment, or operation; (e) whether the medical practitioner rendered or performed such advice, service, attendance, treatment, or operation in the capacity of specialist or general practitioner; (f) any other matter which to the board appears relevant. (7) The medical practitioner whose account has been reviewed by the board or the person to be charged with such account may, if dissatisfied with the review, appeal therefrom to the tribunal. (7A) Such appeal shall be instituted within such time after such review as a regulation prescribes, or, if no time is so prescribed, within the time allowed by the Supreme Court for the presentation of bills of costs for taxation. (7B) If the tribunal dismisses such appeal on the ground that it is frivolous or vexatious it may award such sum by way of costs against the appellant as it shall think fit.

s 49 45 s 51 Medical Act 1939 (8) The party chargeable with a medical account and the medical practitioner concerned shall each be entitled to appear before and to be heard by the board upon the review of such account or before and by the tribunal upon any appeal from such review, but no person shall appear or be heard by his or her counsel, solicitor or agent upon any such review or appeal. (9) In this section— “medical practitioner” includes a specialist. ˙ Contracting-out prohibited 49. Any covenant, agreement, or condition whereby any person agrees to waive or surrender the person’s right to have the account of a medical practitioner or specialist reviewed by the board, or whereby any person agrees to pay to a medical practitioner or specialist any sum in excess of the amount found upon a review by the board to be a fair and reasonable charge or remuneration, shall be absolutely void and of none effect whatsoever. ˙ Certificate of review of account as evidence 50. The certificate of the board or, as the case may be, the tribunal shall be admissible as evidence in any proceedings for the recovery of the charge or remuneration to which the account referred to in the certificate relates and shall be conclusive evidence that the amount certified to and no more is legally payable for the professional services as a medical practitioner or specialist to which the account certified to relates. † PART 8—MISCELLANEOUS PROVISIONS ˙ Maker of medical certificate to be identifiable 51.(1) A medical practitioner shall not issue a certificate in relation to any person as to the person’s state of health, the extent of the person’s injuries, the person’s capacity to perform any act, or otherwise touching upon the diagnosis or prognosis of the person’s condition unless the certificate bears in legible characters the name and address of the medical practitioner.

s 52A 46 Medical Act 1939 s 52C (2) The fact that such a certificate issued by a medical practitioner is not in accordance with this section shall not affect the validity of the certificate. ˙ Certificates etc. not to be false or misleading 52A. A medical practitioner must not, in the medical practitioner’s professional capacity, sign or give to a person, a certificate, notice, report or other document the medical practitioner knows is false or misleading. Maximum penalty—30 penalty units. ˙ Duty to notify police officer of crimes etc. 52B.(1) This section applies if— (a) a medical practitioner, acting in the medical practitioner’s professional capacity, obtains information that indicates a crime, or attempted crime, has taken place; or (b) a medical practitioner treats, or is asked to treat, a person for any 1 of the following injuries and is not satisfied the injury was accidentally incurred— (i) a wound from a cutting instrument or other weapon, other than a firearm; (ii) a wound caused by a bullet; (iii) a partial strangulation or asphyxiation. (2) The medical practitioner must immediately give the information or notice of the circumstances of the injury to the police officer in charge of the nearest police station. Maximum penalty for subsection (2)—30 penalty units. ˙ Payment for referrals prohibited 52C.(1) A person must not, directly or indirectly, pay or give any other benefit, or attempt to pay or give any other benefit, to a medical practitioner in return for the medical practitioner referring a patient to the person. Maximum penalty—30 penalty units.

s 53 47 s 55 Medical Act 1939 (2) A medical practitioner must not, directly or indirectly, accept payment or any other benefit for referring a patient to another person. Maximum penalty for subsection (2)—30 penalty units. Example of ‘indirectly’ paying a medical practitioner— A person paying a medical company to refer patients to the person would be indirectly paying the medical practitioners engaged by the company. ˙ “Medical practitioner” to include specialist 53. In this part— “medical practitioner” includes a specialist. † PART 9—MEDICAL CALL SERVICES ˙ Medical call services to be approved 54. No person shall without a certificate of approval establish or conduct a medical call service. ˙ Certificates of approval 55.(1) A certificate of approval shall not be issued or renewed unless the medical call service in question has a medical director. (2) A responsible person may apply for a certificate of approval by lodging an application therefor with the board in the approved form accompanied by the prescribed fee. (3) A certificate of approval shall remain in force for a period of 12 months from the date of granting thereof unless it is sooner cancelled or suspended by the board or surrendered by the holder thereof. (4) A responsible person may apply for the renewal of a certificate of approval by lodging an application therefor with the board in the approved form accompanied by the prescribed fee not later than 1 month prior to the date of expiry of the certificate of approval.

s 56 48 s 58 Medical Act 1939 ˙ Record to be kept 56. The board shall from the particulars disclosed by a responsible person on an application for a certificate of approval or renewal thereof make and keep a proper record of all medical call services approved in the State. ˙ Changes to be notified 57. Where any change occurs in the particulars— (a) contained in an application for a certificate of approval or renewal thereof; (b) that have otherwise been supplied to the board in respect of the medical call service in question; the holder for the time being of the certificate of approval shall within 14 days of those changes occurring notify the board thereof. ˙ Cancellation and suspension of certificates of approval 58.(1) A certificate of approval may be cancelled or suspended— (a) if its holder, the medical director or any person engaged in the conduct of the medical call service in respect of which the certificate was issued— (i) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy or insolvent debtors; (ii) has been convicted in Queensland of an indictable offence or elsewhere than in Queensland in respect of an act or omission that if done or made by him or her in Queensland would have constituted an indictable offence; (iii) has been convicted of an offence against this Act; (iv) has been found to satisfy a ground for disciplinary action on the basis of unsatisfactory professional conduct under the Health Practitioners (Professional Standards) Act 1999 ; or (b) if in the opinion of the board such cancellation or suspension is

s 59 49 s 67 Medical Act 1939 necessary for the more effective and efficient operation of medical call services in Queensland; or (c) in such other circumstances as are prescribed by by-laws. (2) Where the board suspends a certificate of approval— (a) the certificate shall not have any force or effect; and (b) the medical call service in respect of which the certificate was issued shall not be operated; during the period of the suspension. ˙ Delivery of certificate of approval to board 59. Where a certificate of approval is cancelled or suspended the responsible person in whose name it was issued or renewed shall, upon request by a notice in writing served upon the responsible person, deliver that cancelled or suspended certificate to the board forthwith. † PART 9B—MEDICAL RECORDS ˙ Safeguarding of abandoned medical records 67.(1) Where the board receives information that a medical practitioner or any other person has abandoned medical records, the board may investigate the matter and, where it is satisfied that the medical records have been abandoned and that such an order is necessary to safeguard them, it may order that the records be taken into the possession of the board. (2) Where medical records in the possession of a person form part of the person’s estate upon his or her death, the board may, with the written consent of the person entitled to possession of the medical records for the time being, make an order that the records be taken into the possession of the board. (3) Upon an order being made under this section, the board shall be entitled to immediate possession of the medical records and may take them into its possession.

s 67 50 s 67 Medical Act 1939 (4) A person given notice by the board of an order made by it pursuant to this section who fails to deliver to the board in accordance with requirements set forth in the notice (which requirements the board is hereby authorised to make) medical records in the person’s possession that are the subject of the order commits an offence against this Act. (5) An inspector appointed under the Medical Act and Other Acts (Administration) Act 1966 may, with such assistants as the inspector considers necessary enter any place and seize and take into the possession of the board any medical records that the board has ordered to be taken into its possession under this section. (6) Before an inspector enters a dwelling house for the purpose of exercising the powers conferred upon the inspector by subsection (5), save where the inspector has the permission of the occupier to enter, the inspector shall obtain from a justice a warrant to enter. (6A) A justice who is satisfied on the complaint of an inspector that there is reasonable cause to suspect that the medical records are in the dwelling house may issue a warrant directed to an inspector to enter the place specified in the warrant to exercise the powers conferred upon the inspector pursuant to subsection (5). (6B) The warrant shall be, for a period of 28 days from the date of its issue, sufficient authority for the inspector and all persons assisting the inspector to enter the place specified in the warrant and for the inspector to exercise therein the powers conferred upon the inspector by subsection (5). (6C) In subsections (6) and (6A)— “dwelling house” includes a part of any place which part is used exclusively as a dwelling and does not include the curtilage of a dwelling house. (7) The board may exercise its powers of investigation under the Health Practitioners (Professional Standards) Act 1999 for the purpose of taking possession of and safeguarding medical records in respect of which it has made an order under this section. (8) The board shall give such directions as are necessary to safeguard the medical records whilst they are in its possession. (9) A person who contravenes or fails to comply with a direction made by the board under subsection (8) commits an offence against this Act.

s 68 51 s 69 Medical Act 1939 ˙ Direction to hold medical records 68.(1) Instead of taking medical records into its actual possession following an order made under section 67 in respect of them, the board may, by notice in writing given to him or her, order a person who has actual possession of the medical records to hold them on its behalf subject to such conditions as the board thinks fit, which shall include conditions necessary to safeguard the records and a condition that the person shall deliver them as and when required to the board or to a person nominated by the board. (1A) The board may from time to time, by notice in writing given to the person holding the medical records, add to or vary the conditions of an order made under subsection (1). (2) Where the board makes an order under this section it shall be deemed to be in possession of the medical records concerned pursuant to this part. (3) A person who fails to comply with an order made under this section commits an offence against this Act. ˙ Transfer of medical records 69.(1) The board may, in respect of medical records in its possession pursuant to this part, from time to time, make an order that they be delivered to a medical practitioner or other person named therein subject to such conditions binding upon the person to whom they are delivered as the board thinks fit, which shall include conditions necessary to safeguard the medical records and a condition that the medical practitioner or other person shall deliver them as and when required to the board, or to another person nominated by the board. (1A) The board may from time to time, by notice in writing given to the person holding the medical records, add to or vary the conditions of an order made under subsection (1). (2) Medical records delivered to a person pursuant to an order made under this section shall be deemed to be in the possession of the board pursuant to this part. (3) A person to whom medical records are delivered pursuant to an order made under this section who fails to comply with a condition of the order commits an offence against this Act.

s 70 52 s 71A Medical Act 1939 ˙ Destruction of medical records 70.(1) Where the board is satisfied that it is no longer necessary to preserve medical records that are in its possession pursuant to this part because the information thereon has been recorded by other means or because of the time that has elapsed since the information thereon was recorded it may authorise the destruction of the medical records. (2) No action shall lie against the board or any person in respect of the destruction of medical records pursuant to an authorisation under this section. ˙ Rights to medical records preserved 71.(1) The board may, on application by a claimant of the medical records in its possession pursuant to this part, cancel any order that it has made in respect thereof and order them to be delivered to the claimant if it is satisfied that the claimant is the owner of or otherwise entitled to the records, whereupon the medical records shall be delivered to the claimant. (2) Subject to this subsection, an order made by the board in relation to medical records under this part shall not affect the rights of the owner thereof or any person otherwise entitled to the medical records, which owner or person may lawfully refuse to deliver the medical records to the board or an inspector. (3) Upon the board making an order under section 67 that medical records be taken into its possession, all rights had therein by any person by reason only that the medical records were abandoned property that the person had found or by reason only that the medical records were abandoned property in the person’s actual possession shall forthwith terminate. ˙ Definitions 71A. In this part— “medical records” means records recording the medical history, condition and treatment of patients of a medical practitioner made in the course of his or her practice and it does not include financial records relating to a medical practice.

s 72 53 s 73 Medical Act 1939 “safeguard” includes ensuring the confidentiality of the medical records concerned. † PART 10—LEGAL PROCEEDINGS † Board may sue ˙ Board may sue 72.(1) The board may in its own name, by its registrar or any person thereunto authorised in writing under the hand of the president, institute, carry on, prosecute, and defend any action, complaint, information, or proceeding whatsoever. (2) Every court, judge, justice, or person acting judicially shall take judicial notice of the signature of the president to any such authorisation. † Evidence ˙ Evidence 73.(1) In any proceeding by or on behalf of the board under this Act it shall not be necessary to prove the appointment of the members, president, or registrar of the board. (2) A writing certified by the registrar to be a true copy of or a true extract from any register, book, certificate, notice, list, declaration, statement, document, or writing of any nature whatsoever in the custody of the board or of any officer of the board, shall for all purposes be prima facie evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original. (2A) Every court, judge, justice, or person acting judicially shall take judicial notice of the signature of the registrar so certifying any such writing. (3) Any requisition, order, notice or other document under this Act

s 74 54 s 74 Medical Act 1939 required or authorised to be given or served to or upon any person for which no manner of service is specifically provided by this Act, may be served— (a) by delivering it or a copy to that person; or (b) by leaving it or a copy at the person’s usual or last known place of residence or business; or (c) by forwarding it or a copy by post addressed to that person at the person’s usual or last known place of residence or business. ˙ Registers as evidence 74.(1) The register of medical practitioners, Queensland, and the register of specialists, Queensland, shall each be and be deemed to be a book of such a public nature as to be admissible in evidence on its mere production from the proper custody, and the registrar shall be the person having the proper custody thereof. Certificate by registrar as evidence (2) Upon its production in any proceeding whatever— (a) a document purporting to be a certificate by the registrar that a person named therein is or was at any time material to such proceeding registered as a medical practitioner or as a specialist or possesses or possessed at any time material to such proceeding the qualifications therein specified shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents and, in the case of such a certificate wherein qualifications are specified, that the person named therein has or, as the case may be, had at the material time no other qualifications; (b) a document purporting to be a certificate by the registrar that a person named therein is not or was not at any time material to such proceeding registered as a medical practitioner or as a specialist or does not or did not at any time material to such proceeding possess the qualifications therein specified shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents;

s 75 55 s 76A Medical Act 1939 and, until the contrary is proved, the person named therein shall be taken to be identical with the person of the same name in respect of whom such document is produced. ˙ General offence and penalty 75. A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act and is liable, unless a specific penalty is otherwise provided, to a penalty not exceeding 30 penalty units. † Recovery of penalties ˙ Recovery of penalties 76.(1) Except as otherwise provided in this Act, all penalties and fees imposed or payable under or pursuant to this Act may be recovered in a summary way by complaint under the Justices Act 1886 . (2) Notwithstanding anything in any Act to the contrary, where any person is convicted of any offence against this Act the penalty to be imposed in respect of such offence shall not be reduced below any prescribed minimum amount of penalty. (3) Except as otherwise provided in this Act, proceedings for an offence against this Act may be instituted at any time within 12 months after the commission thereof or within 12 months after the discovery by the complainant of the commission thereof, whichever is the later period. ˙ Person not to be dealt with twice 76A. Where an act or omission by a person constitutes contempt as defined in the Commissions of Inquiry Act 1950 , section 9, and is also an offence as defined in section 13B of this Act, or each of these, proceedings may be taken against the person under the Commissions of Inquiry Act 1950 , section 10, or under section 13B, but so that nothing in this Act renders a person liable to be dealt with twice under those provisions in respect of the same act or omission.

s 77 56 s 79 Medical Act 1939 ˙ Penalties etc. to be paid into board’s funds 77. All penalties and fees recovered or paid under this Act shall be paid to the board and become part of its funds. ˙ Unqualified person prohibited from recovering medical fees 78.(1) Subject to section 85, a person other than a medical practitioner is not entitled to demand, claim, accept, receive or retain, or sue for, counterclaim for, set off, or recover by any means (judicial or non-judicial) any remuneration in respect of any medical or surgical advice, service, attendance, treatment, or operation rendered or performed by the person or for any medicine or drug that the person has both prescribed and supplied. (2) Subsection (1) shall not be construed to prejudice or affect the right of a person registered as a pharmaceutical chemist from recovering the price of any medicine or drug compounded, dispensed, or supplied by the person in the ordinary course of his or her business as a pharmaceutical chemist. † Savings ˙ Saving of other rights and remedies against medical practitioners etc. 79.(1) Nothing in this Act contained shall prejudice, diminish, or affect the jurisdiction, powers, and authorities which are exercisable by any court of competent jurisdiction with respect to medical practitioners. (3) The board, a member or officer thereof, a medical practitioner, or any other person shall not be legally liable in respect of anything done by it, him or her in good faith for a purpose of complying with any provision of this Act.

s 80 57 s 83 Medical Act 1939 † PART 11—MEDICAL COMPANIES ˙ Application of pt 7 to medical companies 80. The provisions of sections 48 to 50, with any necessary adaptations, apply in relation to a medical company as if the expression ‘medical company’ appeared therein in lieu of the expression ‘medical practitioner’ except in section 48(6)(b) and (e) where the expression ‘medical practitioner’ shall be construed as a reference to the medical practitioner who renders or performs the medical or surgical advice, service, attendance, treatment, or operation on behalf of the medical company. ˙ Application of pt 8 to medical companies 81. In the case of a medical practitioner issuing a certificate referred to in section 51 on behalf of a medical company it shall be sufficient compliance with that section if the certificate bears in legible characters the name of the medical company, the address of a place where its business is carried on, and is signed by the issuing medical practitioner. ˙ Power to regulate advertising etc. by medical companies 82. The power of the board, conferred by section 16, to make by-laws includes power to make by-laws of a description referred to in section 16(1C)(m) in relation to medical companies and for that purpose the paragraph shall be construed as if the expression ‘medical company’ appeared therein in lieu of the expression ‘medical practitioner’. ˙ Regulation of company names 83.(1) The board may, by notice in writing, require a medical company to take all steps necessary to alter its name to an approved name according to law. (2) The board may, by notice in writing, require a medical company or a medical practitioner who proposes to establish or join in establishing a medical company to submit to the board a list of names, in a number specified by the board, for the medical company or proposed medical company.

s 84 58 s 84 Medical Act 1939 (2A) From a list of names submitted in respect of a medical company or proposed medical company the board may select 1 or more names acceptable to it as an approved name, and, upon doing so, shall inform the medical company or, as the case may be, the medical practitioner of its selection. (3) In this section— “approved name” means a name that— (a) is approved by the board; and (b) is approved by any other person or authority that under a law other than this Act is required to approve the name of a medical company. ˙ Presumed contracts with medical practitioners acting for medical companies 84. Where by reason of an agreement between a person and a medical company a medical practitioner, acting on behalf of the medical company, renders or performs medical or surgical advice, service, attendance, treatment, or operation to or in relation to any person (whether a party to the agreement or not) it shall be deemed— (a) that an agreement exists between such first mentioned person and such medical practitioner for the rendering or performance of the medical or surgical advice, service, attendance, treatment, or operation agreed by the medical company to be rendered or performed; or (b) where more than 1 medical practitioner so acts on behalf of the medical company—that an agreement exists between such first mentioned person and each such medical practitioner for the rendering or performance of that part of the medical or surgical advice, service, attendance, treatment, or operation agreed by the medical company to be rendered or performed that is rendered or performed by that medical practitioner.

s 85 59 s 88 Medical Act 1939 ˙ Medical company may recover medical fees 85. Notwithstanding the provisions of section 78, a medical company is entitled to demand, claim, accept, receive or retain, or sue for, counterclaim for, set off, or recover by any lawful means (judicial or non-judicial) remuneration in respect of any medical or surgical advice, service, attendance, treatment, or operation rendered or performed by a medical practitioner on its behalf or for any medicine or drug that a medical practitioner, acting on its behalf, has both prescribed and supplied. † PART 12—MISCELLANEOUS ˙ Regulations 86. The Governor in Council may make regulations under this Act. † PART 13—SAVINGS, TRANSITIONALS AND VALIDATIONS ˙ Power of board to make by-laws about fees 87. For the removal of doubt, it is declared that the board has always had power to make by-laws in respect of the matters specified in section 16(1C)(g). ˙ Registration as medical practitioner 88.(1) A person who was registered as a medical practitioner immediately before the commencement of this section is taken to be registered under this Act. (2) The person’s registration under this Act is taken to be subject to the same limitations (as to time or otherwise) and conditions (if any) to which it was subject to immediately before the commencement of this section.

s 89 60 s 91 Medical Act 1939 (3) In this section— “medical practitioner” includes a specialist. ˙ Meaning of “foreign medical practitioner” 89. In this part— “foreign medical practitioner” means a medical practitioner who is not a graduate of a medical school accredited by the Australian Medical Council and who has not successfully completed examinations held by the council for the purposes of registration as a medical practitioner. ˙ Grounds for deregistration 90.(1) For the purposes of this part, a foreign medical practitioner is liable to deregistration unless the practitioner was— (a) unconditionally registered, domiciled and practising medicine in Australia on 31 January 1992; or (b) unconditionally registered and had practised medicine in Australia for 3 out of the last 6 years before 31 January 1992; or (c) unconditionally registered and had practised medicine in Australia for a total of 6 years before 31 January 1992. (2) A medical practitioner is considered to have been unconditionally registered in Australia at a particular time if the medical practitioner is or was registered at the time under this Act, or licensed or registered as a medical practitioner under the law in force in another State or a Territory, without condition or limitation on the entitlement to practise medicine. ˙ Board’s duty to deregister practitioners liable to deregistration 91.(1) If the board is of the opinion that a foreign medical practitioner is or may be liable to deregistration under this part, the board must, by written notice to the practitioner, require the practitioner to establish, to the satisfaction of the board, that the practitioner is not liable to deregistration.

s 92 61 s 93 Medical Act 1939 (2) The board must remove the name of the practitioner from the register if the practitioner fails to satisfy the board that the practitioner is not liable to deregistration. (3) Subsection (2) does not apply if the board is of the opinion that there is good reason why the practitioner’s name should not be removed. (4) The board is to give a foreign medical practitioner who is liable to deregistration an opportunity to make submissions to the board on the question of whether the practitioner’s name should be removed from the register and the board is to consider any such submissions. (5) The board must give the practitioner concerned written notice of action taken by the board under this part and the action does not take effect until the notice is given. (6) A person whose name has been removed from the register under this section may appeal to the tribunal against the removal. ˙ Special provision for practitioners removed for non-payment of fees 92.(1) This section applies to a foreign medical practitioner whose name has been removed from the register for failure to pay the annual registration fee. (2) A practitioner to whom subsection (1) applies has the entitlement to be re-registered that would otherwise be conferred by payment of the unpaid fees (together with any restoration fee that is payable) only if the practitioner satisfies the board that— (a) the practitioner is not liable to deregistration under this part; or (b) there is good reason why the practitioner should not lose the entitlement to re-registration. ˙ Registration with conditions 93. The board may register a foreign medical practitioner as a medical practitioner with conditions if, immediately before the commencement of this section, the person— (a) was domiciled in Australia; and (b) was, and still is, practising medicine in Australia; and

s 94 62 s 95 Medical Act 1939 (c) held provisional registration that was granted by the board after 31 January 1992. ˙ Consideration in respect of certain criteria 94. The board may register a foreign medical practitioner as a medical practitioner if the person— (a) was eligible for general registration immediately before the commencement of this section; and (b) is a permanent resident within the meaning of the Australian Citizenship Act 1948 (Cwlth); and (c) holds provisional registration granted by the board; and (d) had sought advice from the board in respect of registration as a medical practitioner and emigrated to Australia on the basis of the advice given by the board. ˙ Regulations in force under previous s 5 95. A regulation in force under section 5 immediately before the commencement of this section continues to have effect after the commencement as if it had been made under section 86.

63 Medical Act 1939 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 March 2001. Future amendments of the Medical Act 1939 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

64 Medical Act 1939 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL sub unnum = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory Instruments Regulation 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 15 of 1994 7 September 1994 2 to Act No. 58 of 1995 6 December 1995 2A to Act No. 61 of 1996 9 May 1997 2B to Act No. 61 of 1996 11 July 1997 3 to Act No. 61 of 1996 6 February 1998 3A to Act No. 41 of 1998 21 December 1998 3B to Act No. 61 of 1999 3 December 1999 3C to Act No. 61 of 1999 11 January 2000 3D to Act No. 61 of 1999 21 February 2000 3E to Act No. 16 of 2000 14 July 2000 3F to Act No. 45 of 2001 7 August 2001 3G to Act No. 45 of 2001 28 February 2002

65 Medical Act 1939 ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Changed names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1, 2 1 ´ 6 List of legislation Medical Act 1939 3 Geo 6 No. 10 date of assent 9 November 1939 commenced on date of assent rep 1 March 2002 (2001 No. 7 s 279) amending legislation— Medical Act Amendment Act 1940 4 Geo 6 No. 21 date of assent 21 November 1940 commenced on date of assent Medical Acts Amendment Act 1946 10 Geo 6 No. 27 date of assent 30 April 1946 commenced on date of assent Medical Acts Amendment Act 1948 12 Geo 6 No. 52 date of assent 9 December 1948 commenced on date of assent Medical Acts Amendment Act 1955 4 Eliz 2 No. 27 date of assent 7 November 1955 commenced on date of assent Coroners Act 1958 7 Eliz 2 No. 32 s 3(1), (3) sch 1, sch 2 date of assent 30 October 1958 commenced 23 March 1959 (proc pubd gaz 14 March 1959 p 1581) Medical Acts Amendment Act 1963 No. 9 date of assent 4 November 1963 commenced on date of assent Medical Acts Amendment Act 1966 No. 23 date of assent 15 December 1966 s 7 commenced 1 October 1972 (proc pubd gaz 23 September 1972 p 383) remaining provisions commenced on date of assent

66 Medical Act 1939 Medical Acts Amendment Act 1968 No. 53 date of assent 23 December 1968 commenced on date of assent Medical Act Amendment Act 1969 No. 3 date of assent 19 September 1969 commenced on date of assent Medical Act Amendment Act 1971 No. 70 date of assent 20 December 1971 commenced on date of assent Medical Act Amendment Act 1973 No. 30 date of assent 19 April 1973 commenced on date of assent Medical Act Amendment Act 1976 No. 4 date of assent 2 April 1976 commenced on date of assent Medical Act Amendment Act 1978 No. 85 date of assent 15 December 1978 commenced on date of assent Medical Act Amendment Act 1979 No. 34 date of assent 20 June 1979 commenced on date of assent Transplantation and Anatomy Act 1979 No. 74 s 54(2), (3) date of assent 21 December 1979 commenced 12 April 1980 (proc pubd gaz 12 April 1980 p 1344) Medical Act Amendment Act 1980 No. 7 date of assent 10 April 1980 commenced on date of assent Medical Act Amendment Act 1981 No. 37 date of assent 20 May 1981 ss 1–2 commenced on date of assent remaining provisions commenced 5 5 December 1981 p 1446) December 1981 (proc pubd gaz Medical Act and Other Acts Amendment Act 1981 No. 76 pt 2 date of assent 22 October 1981 commenced 17 April 1982 (proc pubd gaz 17 April 1982 p 1729) Medical Act Amendment Act 1984 No. 20 date of assent 22 March 1984 commenced on date of assent Nursing Studies Act and Other Acts Amendment Act 1984 No. 74 pt 7 date of assent 18 October 1984 commenced on date of assent

67 Medical Act 1939 Medical and Paramedical (Amendment of Inspectorial and Audit Provisions) Act 1987 No. 10 pt 6 date of assent 15 April 1987 commenced on date of assent Medical Act Amendment Act 1987 No. 24 date of assent 23 April 1987 ss 1–2 commenced on date of assent remaining provisions commenced 13 July 1987 (proc pubd gaz 11 July 1987 p 2677) Corrective Services (Consequential Amendments) Act 1988 No. 88 s 3 sch 1 date of assent 1 December 1988 commenced 15 December 1988 (see s 2(2) and order pubd gaz 10 December 1988 p 1675) Statute Law (Miscellaneous Provisions) Act 1990 No. 88 s 3 sch date of assent 6 December 1990 commenced on date of assent Health Services Act 1991 No. 24 s 7.3 sch 3 date of assent 5 June 1991 commenced 1 July 1991 (proc pubd gaz 22 June 1991 p 974) Health Legislation Amendment Act 1992 No. 66 pts 1, 17 (as amd 1995 No. 57 ss 1–2, 5(1) sch 3 pt 2 (as from 29 November 1995 (see s 2(2))) (as amd 1995 No. 58 ss 1–2, 4 sch 1 (as from 28 November 1995 (see s 2(1) sch 1))) date of assent 7 December 1992 ss 1–2 commenced on date of assent ss 108–109, 110(1), 110(2) (in so far as it inserts new def “fee”), 112–113, 117, 119 (in so far as it inserts new pt 12 hdg, s 86, pt 13 hdg, ss 87 and 95) and 120 commenced 18 December 1992 (1992 SL No. 450) ss 114–116 commenced 1 February 1993 (1992 SL No. 450) s 118 (in so far as it inserts new s 17B) never proclaimed into force and rep 1995 No. 57 s 5(1) sch 3 pt 2 remaining provisions commenced 1 March 1993 (1993 SL No. 45) Health Legislation Amendment Act 1993 No. 79 pts 1, 9 date of assent 17 December 1993 ss 1–2 commenced on date of assent remaining provisions commenced 14 March 1994 (1994 SL No. 84) Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 1 date of assent 10 May 1994 commenced on date of assent Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 2 date of assent 28 November 1995 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent

68 Medical Act 1939 Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Health Legislation Amendment Act 1996 No. 60 ss 1–2(1), pt 5 date of assent 9 December 1996 ss 25, 32 commenced 1 March 1993 (see s 2(1)) remaining provisions commenced on date of assent Health Legislation Amendment Act (No. 2) 1996 No. 61 ss 1–2, 15 sch date of assent 9 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 20 December 1996 (1996 SL No. 402) Health and Other Legislation Amendment Act 1998 No. 41 ss 1, 2(2), 14(2) sch 2 date of assent 27 November 1998 ss 1–2 commenced on date of assent remaining provisions commenced 21 December 1998 (1998 SL No. 346) Radiation Safety Act 1999 No. 20 ss 1–2, 234 date of assent 30 April 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2000 (1999 SL No. 329) Health Practitioners (Professional Standards) Act 1999 No. 58 ss 1–2 pt 14 div 7 date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 7 February 2000 (1999 SL No. 327) Health Legislation Amendment Act 1999 No. 61 s 1 pt 3 date of assent 29 November 1999 commenced on date of assent Guardianship and Administration Act 2000 No. 8 ss 1–2, 263 sch 3 date of assent 20 April 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (2000 SL No. 125) Mental Health Act 2000 No. 16 ss 1–2, 590 sch 1 pt 2 date of assent 8 June 2000 ss 1–2, 590 commenced on date of assent (see s 2(1)) remaining provisions commenced 28 February 2002 (2002 SL No. 27) (provisions were to commence 8 June 2002 (automatic commencement under AIA s 15DA(2) (2001 SL No. 46 s 2))) Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provisions commenced immediately before 15 July 2001 (see s 2(1)

69 Medical Act 1939 of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) ´ 7 List of annotations Parts of Act s 2 amd 1976 No. 4 s 2; 1979 No. 74 s 54(2)(a); 1981 No. 37 s 3; 1984 No. 20 s 3; 1987 No. 24 s 3 om 1990 No. 88 s 3 sch Repeal of “The Medical Acts, 1925 to 1935” s 3 amd 1976 No. 4 s 3; 1987 No. 24 s 4 om 1992 No. 66 s 109 Definitions prov hdg sub 1996 No. 60 s 26(1) s 4 amd 1996 No. 60 s 26(5) def “approved form” ins 1995 No. 58 s 4 sch 1 def “Australian Medical Council” ins 1987 No. 24 s 5(a) def “By-laws” om 1992 No. 66 s 110(1) def “certificate of approval” ins 1984 No. 20 s 4(a) def “company” ins 1996 No. 60 s 26(4) sub 2001 No. 45 s 29 sch 3 def “competent to practise medicine” ins 1992 No. 66 s 110(2) def “complaints investigation committee” ins 1987 No. 24 s 5(b) om 1999 No. 58 s 466(1) def “fee” ins 1992 No. 66 s 110(2) def “general registration” ins 1992 No. 66 s 110(2) def “impairment” ins 1992 No. 66 s 110(2) om 1999 No. 58 s 466(1) def “medical call service” ins 1976 No. 4 s 4(a) amd 1979 No. 34 s 2 def “medical company” ins 1981 No. 37 s 4 amd 1996 No. 60 s 26(2) def “medical director” ins 1984 No. 20 s 4(b) def “mentally ill” ins 1976 No. 4 s 4(b) om 2000 No. 16 s 590 sch 1 pt 2 def “Mentally sick” om 1976 No. 4 s 4(b) def “Minister” amd 1987 No. 24 s 5(c) om 1992 No. 66 s 110(1) def “panel” ins 1999 No. 58 s 466(2) def “Prescribed” om 1992 No. 66 s 110(1) def “primary” ins 1963 No. 9 s 2 def “qualification” ins 1955 4 Eliz 2 No. 27 s 2(a) def “register” ins 1992 No. 66 s 110(2) sub 1996 No. 60 s 26(3)–(4) def “registrar” amd 1955 4 Eliz 2 No. 27 s 2(b) def “responsible person” ins 1984 No. 20 s 4(c) def “This Act” om 1992 No. 66 s 110(1)

70 Medical Act 1939 def “tribunal” sub 1999 No. 58 s 466 def “unsatisfactory professional conduct” ins 1999 No. 58 s 466(2) Meaning of “competent to practise medicine” s 4A ins 1992 No. 66 s 111 Meaning of “impairment” s 4B ins 1992 No. 66 s 111 om 1999 No. 58 s 467 References to legally qualified medical practitioners s 4C ins 1996 No. 60 s 27 Regulations, Proclamations, etc. hdg (prec s 5) om 1992 No. 66 s 112 Regulations s 5 amd 1984 No. 20 s 5 om 1992 No. 66 s 113 PART 2—CENTRAL AUTHORITY pt 2 (s 6) om 1999 No. 58 s 468 Rules respecting Tribunal hdg (prec s 7) om 1995 No. 58 s 4 sch 1 Power to make rules with respect to the Tribunal s 7 om 1995 No. 58 s 4 sch 1 Constitution of board prov hdg sub 1996 No. 60 s 28(1) s 8 amd 1946 10 Geo 6 No. 27 s 2; 1976 No. 4 s 5; 1992 No. 66 s 114; 1993 No. 79 s 72; 1995 No. 58 s 4 sch 1; 1996 No. 60 s 28(2)–(10) Increase in number of members s 8A ins 1992 No. 66 s 115 Disqualifications from membership of board s 9 amd 1976 No. 4 s 6; 1993 No. 79 s 73; 1996 No. 60 s 29; 2000 No. 16 s 590 sch 1 pt 2 Committees s 9A ins 1976 No. 4 s 7 sub 1978 No. 85 s 2 Entitlements of members of board or committees s 9B ins 1978 No. 85 s 2 sub 1984 No. 74 s 15 President to be executive officer of board s 11 amd 1976 No. 4 s 8; 1987 No. 24 s 6; 1992 No. 66 s 116; R1 (see RA s 38) Powers of inquiry hdg (prec s 12) ins 1987 No. 24 s 7 Power of board to examine on oath s 12 amd 1999 No. 58 s 469

71 Medical Act 1939 Board a commission of inquiry s 13 amd 1946 10 Geo 6 No. 27 s 3; 1976 No. 4 s 9 sub 1987 No. 24 s 8 amd 1999 No. 58 s 470 Stipendiary magistrate may take evidence on behalf of board s 13A ins 1987 No. 24 s 8 Offences in respect of inquiry s 13B ins 1987 No. 24 s 8 Allowances to witness s 13C ins 1987 No. 24 s 8 amd 1999 No. 58 s 471 Funds of board s 14 amd 1976 No. 4 s 10; 1984 No. 20 s 6; 1987 No. 10 s 19 Board is statutory body s 15 prev s 15 amd 1971 No. 70 s 2 om 1976 No. 4 s 11 pres s 15 ins 1996 No. 54 s 9 sch Power to make by-laws s 16 amd 1955 4 Eliz 2 No. 27 s 3; 1966 No. 23 s 3; 1976 No. 4 s 12; 1979 No. 34 s 3; 1980 No. 7 s 2; 1981 No. 37 s 5; 1984 No. 20 s 7; 1987 No. 24 s 9; 1992 No. 66 s 117; 1995 No. 58 s 4 sch 1; 1999 No. 58 s 472 Approval of forms s 16A ins 1995 No. 58 s 4 sch 1 PART 4—REGISTRATION pt hdg sub 1992 No. 66 s 118 Division 1—Qualifications for registration div hdg ins 1992 No. 66 s 118 Entitlement to general registration based on qualifications and training s 17 amd 1976 No. 4 s 13 sub 1992 No. 66 s 118 Entitlement to conditional registration for interns s 17A ins 1992 No. 66 s 118 Entitlement to general or conditional registration based on registration elsewhere in Australia s 17B ins 1992 No. 66 s 118 (never proclaimed into force and om 1995 No. 57 s 5(1) sch 3 pt 2 (as amd 1995 No. 58 s 4 sch 1)) Conditional registration at the discretion of the board s 17C ins 1992 No. 66 s 118 amd 1999 No. 61 s 12 Interim registration available in certain cases s 17D ins 1992 No. 66 s 118

72 Medical Act 1939 Non-practising registration s 17E ins 1992 No. 66 s 118 Conditions may be imposed in cases of impairment s 17F ins 1992 No. 66 s 118 om 1999 No. 58 s 473 Entitlement to registration does not prevent conditions being imposed s 17G ins 1992 No. 66 s 118 Division 2—Specialists div hdg ins 1992 No. 66 s 118 Specialists s 18 sub 1992 No. 66 s 118 amd 1993 No. 79 s 74 Division 3—Grounds for refusing registration div hdg ins 1992 No. 66 s 118 Registration may be refused despite entitlement or eligibility s 19 amd 1940 4 Geo 6 No. 21 s 2 sub 1955 4 Eliz 2 No. 27 s 4 amd 1963 No. 9 s 3; 1966 No. 23 s 4; 1968 No. 53 s 2; 1971 No. 70 s 3; 1973 No. 30 s 2 sub 1976 No. 4 s 14 amd 1979 No. 34 s 4 sub 1980 No. 7 s 3 amd 1981 No. 76 s 5; 1984 No. 20 s 8; 1987 No. 24 s 10; 1991 No. 24 s 7.3 sch 3 sub 1992 No. 66 s 118 Applicants must be competent and of good character s 19A ins 1948 12 Geo 6 No. 52 s 2 amd 1955 4 Eliz 2 No. 27 s 5; 1966 No. 23 s 5 sub 1992 No. 66 s 118 Restrictions on registration of deregistered persons s 19B ins 1992 No. 66 s 118 Registration may be refused if applicant convicted of offence s 19C ins 1992 No. 66 s 118 Registration may be refused if applicant deregistered on disciplinary grounds in another jurisdiction s 19D ins 1992 No. 66 s 118 amd 1999 No. 58 s 474 Division 4—Suspension of registration for the protection of the public div hdg ins 1992 No. 66 s 118 om 1999 No. 58 s 475 Suspension or imposition of conditions to protect life s 20 amd 1955 4 Eliz 2 No. 27 s 6; 1966 No. 23 s 6; 1976 No. 4 s 15; 1979 No. 34 s 5; 1981 No. 76 s 6; 1987 No. 24 s 11

73 Medical Act 1939 sub 1992 No. 66 s 118 om 1999 No. 58 s 475 Extension of suspension s 20A ins 1963 No. 9 s 4 amd 1976 No. 4 s 16 sub 1992 No. 66 s 118 om 1999 No. 58 s 475 Expiration of suspension s 20B ins 1992 No. 66 s 118 om 1999 No. 58 s 475 Effect of conditions imposed s 20C ins 1992 No. 66 s 118 om 1999 No. 58 s 475 Division 5—Appeals div hdg ins 1992 No. 66 s 118 Right of appeal s 21 sub 1976 No. 4 s 17; 1981 No. 76 s 7; 1992 No. 66 s 118; 1999 No. 58 s 476 Appeal to be lodged with registrar s 21A ins 1992 No. 66 s 118 Appeal from inquiry decision to be by way of rehearing s 21B ins 1992 No. 66 s 118 amd 1999 No. 58 s 477 Pending appeal does not affect board’s determination s 21C ins 1992 No. 66 s 118 Determination of appeal s 21D ins 1992 No. 66 s 118 Division 6—Notification to medical registration authorities div hdg ins 1992 No. 66 s 118 om 1999 No. 58 s 478 Notification of certain matters to other States s 22 amd 1948 12 Geo 6 No. 52 s 3 sub 1955 4 Eliz 2 No. 27 s 7; 1963 No. 9 s 5 amd 1966 No. 23 s 7; 1976 No. 4 s 18; 1981 No. 76 s 8 sub 1992 No. 66 s 118 om 1999 No. 58 s 478 PART 4A—REGISTRATION PROCEDURES pt hdg ins 1992 No. 66 s 118 Division 1—Applying for registration div hdg ins 1992 No. 66 s 118 Form etc. of application s 23 amd 1955 4 Eliz 2 No. 27 s 8

74 Medical Act 1939 sub 1992 No. 66 s 118 amd 1995 No. 58 s 4 sch 1 Application fee s 23A ins 1992 No. 66 s 118 Evidence to accompany application s 23B ins 1992 No. 66 s 118 Time within which application to be determined s 23C ins 1992 No. 66 s 118 Division 2—Dealing with applications div hdg ins 1992 No. 66 s 118 Applications to be considered and determined s 24 sub 1992 No. 66 s 118 Notice to applicant of decision on application s 24A ins 1992 No. 66 s 118 amd 1995 No. 58 s 4 sch 1 How a person is registered s 24B ins 1992 No. 66 s 118 Conditions on registration s 24C ins 1992 No. 66 s 118 Division 3—Inquiries into applications for registration div hdg ins 1992 No. 66 s 118 sub 1999 No. 58 s 479 Board may hold inquiry into eligibility of applicant for registration prov hdg sub 1999 No. 58 s 480 s 25 amd 1976 No. 4 s 19 sub 1992 No. 66 s 118 Board must hold inquiry in certain cases s 25A ins 1992 No. 66 s 118 Constitution of board for inquiry s 25B ins 1992 No. 66 s 118 Applicant to be notified of inquiry s 25C ins 1992 No. 66 s 118 amd 1996 No. 61 s 15 sch Practitioner entitled to attend s 25D ins 1992 No. 66 s 118 Preliminary medical examinations of applicants for registration s 25E ins 1992 No. 66 s 118 Decision of the committee of assessors in an inquiry s 25F ins 1992 No. 66 s 118

75 Medical Act 1939 Details of decision to be supplied to applicant s 25G ins 1992 No. 66 s 118 Division 4—Keeping and alteration of the register div hdg ins 1992 No. 66 s 118 Board is to keep the register s 26 amd 1987 No. 24 s 12 sub 1992 No. 66 s 118 Additional information may be recorded in the register s 26A ins 1992 No. 66 s 118 Method of removal from the register s 26B ins 1992 No. 66 s 118 Surrender of certificates s 26C ins 1992 No. 66 s 118 Making a recording in the register—extended meaning s 26D ins 1992 No. 66 s 118 Division 5—Annual registration fees div hdg ins 1992 No. 66 s 118 Annual registration fee payable s 27 amd 1976 No. 4 s 20 sub 1992 No. 66 s 118 Practitioner’s name may be removed from register for non-payment s 27A ins 1992 No. 66 s 118 Entitlement to restoration if fee paid s 27B ins 1992 No. 66 s 118 Board may waive registration fee s 27C ins 1992 No. 66 s 118 How registration ceases s 27D ins 1992 No. 66 s 118 Division 6—The practice of medicine div hdg ins 1992 No. 66 s 118 Right to practise medicine s 28 amd 1976 No. 4 s 21; 1979 No. 34 s 6; 1987 No. 24 s 13; 1990 No. 88 s 3 sch sub 1992 No. 66 s 118 Medical certificates s 29 amd 1948 12 Geo 6 No. 52 s 4; 1966 No. 23 s 8; 1976 No. 4 s 22 sub 1992 No. 66 s 118 PART 4B—REMOVAL FROM AND ALTERATION OF THE REGISTER pt hdg ins 1992 No. 66 s 118

76 Medical Act 1939 Division 1—General powers to remove from or alter the register div hdg ins 1992 No. 66 s 118 om 1999 No. 58 s 481 Removal of person wrongfully registered s 30 sub 1992 No. 66 s 118 Amendment of incorrect particulars concerning qualifications s 30A ins 1992 No. 66 s 118 Removal on death or at own request s 30B ins 1992 No. 66 s 118 Removal or amendment under disciplinary order s 30C ins 1992 No. 66 s 118 amd 1999 No. 58 s 482 Board may hold inquiry into eligibility s 30D ins 1992 No. 66 s 118 om 1999 No. 58 s 483 Constitution of board for inquiry s 30E ins 1992 No. 66 s 118 om 1999 No. 58 s 483 Medical practitioner to be notified of inquiry s 30F ins 1992 No. 66 s 118 amd 1996 No. 61 s 15 sch om 1999 No. 58 s 483 Medical practitioner entitled to attend s 30G ins 1992 No. 66 s 118 om 1999 No. 58 s 483 Preliminary medical examination of medical practitioner s 30H ins 1992 No. 66 s 118 om 1999 No. 58 s 483 Decision of the committee of assessors in an inquiry s 30I ins 1992 No. 66 s 118 om 1999 No. 58 s 483 Details of decision to be supplied to medical practitioner s 30J ins 1992 No. 66 s 118 om 1999 No. 58 s 483 Removal or imposition of conditions relating to competence to practise s 30K ins 1992 No. 66 s 118 om 1999 No. 58 s 483 Medical practitioner to be notified of action s 30L ins 1992 No. 66 s 118 om 1999 No. 58 s 483

77 Medical Act 1939 Appeal s 30M ins 1992 No. 66 s 118 amd 1999 No. 58 s 484 Division 2—Powers resulting from action under foreign law div hdg ins 1992 No. 66 s 118 om 1999 No. 58 s 485 Meaning of “foreign law” s 31 amd 1976 No. 4 s 23 sub 1992 No. 66 s 118 om 1999 No. 58 s 485 Deregistration on basis of disciplinary action under foreign law s 31A ins 1992 No. 66 s 118 om 1999 No. 58 s 485 Imposition of conditions imposed under foreign law s 31B ins 1992 No. 66 s 118 om 1999 No. 58 s 485 Medical practitioner to be notified of action s 31C ins 1992 No. 66 s 118 om 1999 No. 58 s 485 Appeal s 31D ins 1992 No. 66 s 118 om 1999 No. 58 s 485 Division 3—Review of suspension, deregistration or conditions div hdg ins 1992 No. 66 s 118 om 1999 No. 58 s 485 Right of review s 32 amd 1966 No. 23 s 9; 1976 No. 4 s 24; 1988 No. 88 s 3 sch 1 sub 1992 No. 66 s 118 om 1999 No. 58 s 485 The appropriate review body s 32A ins 1992 No. 66 s 118 om 1999 No. 58 s 485 Powers on review s 32B ins 1992 No. 66 s 118 om 1999 No. 58 s 485 PART 5—THE MEDICAL ASSESSMENT TRIBUNAL pt hdg om 1999 No. 58 s 486 Constitution hdg (prec s 33) om 1999 No. 58 s 486 Medical Assessment Tribunal constituted s 33 amd 1946 10 Geo 6 No. 27 s 4; 1976 No. 4 s 25; 1994 No. 15 s 3 sch 1 om 1999 No. 58 s 486

78 Medical Act 1939 Jurisdiction hdg (prec s 34) om 1999 No. 58 s 486 Jurisdiction of the tribunal s 34 amd 1976 No. 4 s 26 om 1999 No. 58 s 486 Misconduct in a professional respect hdg (prec s 35) om 1999 No. 58 s 486 Extension of meaning of term “misconduct in a professional respect” s 35 amd 1946 10 Geo 6 No. 27 s 5; 1955 4 Eliz 2 No. 27 s 9; 1966 No. 23 s 10; 1979 No. 34 s 7; 1987 No. 24 s 14; 1996 No. 60 s 30 om 1999 No. 58 s 486 Rules of practice s 35A ins 1979 No. 34 s 8 amd 1995 No. 58 s 4 sch 1 om 1999 No. 58 s 486 Institution of proceedings and charges before tribunal hdg (prec s 36) om 1999 No. 58 s 486 Board may require tribunal to make investigations s 36 om 1999 No. 58 s 486 Board to refer matters to tribunal s 37 amd 1987 No. 24 s 15; 1990 No. 88 s 3 sch om 1999 No. 58 s 486 When board may impose disciplinary punishment s 37A ins 1955 4 Eliz 2 No. 27 s 10 amd 1966 No. 23 s 11; 1976 No. 4 s 27; 1979 No. 34 s 9; 1984 No. 20 s 9; 1987 No. 24 s 16 om 1999 No. 58 s 486 Misconduct in respect of inquiry hdg (prec s 37B) ins 1987 No. 24 s 17 om 1999 No. 58 s 486 Certain contempts deemed misconduct in a professional respect s 37B ins 1987 No. 24 s 17 om 1999 No. 58 s 486 Requisitions hdg (prec s 37C) ins 1987 No. 24 s 17 om 1999 No. 58 s 486 Power to obtain written information s 37C ins 1987 No. 24 s 17 amd 1990 No. 88 s 3 sch om 1999 No. 58 s 486 Matters having a medical element hdg (prec s 38) om 1999 No. 58 s 486

79 Medical Act 1939 When matter deemed to contain a medical element s 38 amd 1995 No. 58 s 4 sch 1 om 1999 No. 58 s 486 Proceedings hdg (prec s 39) om 1999 No. 58 s 486 How tribunal to conduct its proceedings s 39 om 1999 No. 58 s 486 Evidence in proceedings before tribunal s 40 sub 1987 No. 24 s 18 amd 1998 No. 41 s 14(2) sch 2 om 1999 No. 58 s 486 Disciplinary punishment hdg (prec s 41) om 1999 No. 58 s 486 Disciplinary punishment s 41 amd 1966 No. 23 s 12; 1976 No. 4 s 28; 1987 No. 24 s 19 om 1999 No. 58 s 486 Extended definition of medical practitioner hdg (prec s 41A) ins 1987 No. 24 s 20 om 1999 No. 58 s 486 Extended definition of medical practitioner s 41A ins 1987 No. 24 s 20 amd 1995 No. 57 s 4 sch 2 om 1999 No. 58 s 486 Recording of decision of tribunal hdg (prec s 42) om 1999 No. 58 s 486 Decision of tribunal to be filed s 42 om 1999 No. 58 s 486 Appeal from tribunal hdg (prec s 43) om 1999 No. 58 s 486 Appeal to Court of Appeal on questions of law s 43 om 1999 No. 58 s 486 When tribunal may refuse to state a case s 44 om 1999 No. 58 s 486 Court of Appeal to determine the questions on the case s 45 om 1999 No. 58 s 486 Case may be sent back for amendment s 46 om 1999 No. 58 s 486 Prohibited practices s 47 amd 1955 4 Eliz 2 No. 27 s 11; 1966 No. 23 s 13; 1969 No. 3 s 2; 1976 No. 4 s 29; 1987 No. 24 s 21; 1999 No. 20 s 234

80 Medical Act 1939 Unauthorised advertising prohibited hdg (prec s 47A) ins 1987 No. 24 s 22 Unauthorised advertising prohibited s 47A ins 1987 No. 24 s 22 amd 1995 No. 58 s 4 sch 1 Power of medical practitioner to recover his or her fees etc. s 48 amd 1955 4 Eliz 2 No. 27 s 12; 1976 No. 4 s 30; 1981 No. 37 s 6; 1995 No. 58 s 4 sch 1 PART 8—MISCELLANEOUS PROVISIONS pt hdg om 1958 7 Eliz 2 No. 32 s 3(1) sch 1 ins 1969 No. 3 s 3 amd 1979 No. 74 s 54(2)(b); 1984 No. 20 s 10 Maker of medical certificate to be identifiable s 51 om 1958 7 Eliz 2 No. 32 s 3(1) sch 1 ins 1969 No. 3 s 3 Operations when patient incapable of consenting s 52 om 1958 7 Eliz 2 No. 32 s 3(1) sch 1 pres s 52 (prev s 70B) ins 1976 No. 4 s 37 renum 1984 No. 20 s 11 om 2000 No. 8 s 263 sch 3 Certificates etc. not to be false or misleading s 52A ins 1999 No. 58 s 487 Duty to notify police officer of crimes etc. s 52B ins 1999 No. 58 s 487 Payment for referrals prohibited s 52C ins 1999 No. 58 s 487 “Medical practitioner” to include specialist s 53 om 1958 7 Eliz 2 No. 32 s 3(1) sch 1 pres s 53 (prev s 71) renum 1984 No. 20 s 11 PART 9—MEDICAL CALL SERVICES pt hdg om 1979 No. 74 s 54(2)(c) ins 1984 No. 20 s 12 Medical call services to be approved s 54 prev s 54 amd 1969 No. 3 s 4; 1976 No. 4 s 31 om 1979 No. 74 s 54(2)(d) pres s 54 ins 1984 No. 20 s 12 Certificates of approval s 55 prev s 55 amd 1969 No. 3 s 5 om 1979 No. 74 s 54(2)(d) pres s 55 ins 1984 No. 20 s 12 amd 1995 No. 58 s 4 sch 1

81 Medical Act 1939 Record to be kept s 56 prev s 56 sub 1969 No. 3 s 6 om 1979 No. 74 s 54(2)(d) pres s 56 ins 1984 No. 20 s 12 Changes to be notified s 57 prev s 57 amd 1969 No. 3 s 7 om 1979 No. 74 s 54(2)(d) pres s 57 ins 1984 No. 20 s 12 Cancellation and suspension of certificates of approval s 58 prev s 58 sub 1969 No. 3 s 8 om 1979 No. 74 s 54(2)(d) pres s 58 ins 1984 No. 20 s 12 amd 1999 No. 58 s 488 Delivery of certificate of approval to board s 59 prev s 59 sub 1969 No. 3 s 9 om 1979 No. 74 s 54(2)(d) pres s 59 ins 1984 No. 20 s 12 Conditions of performance of post-mortem or anatomical examination s 59A ins 1969 No. 3 s 10 amd 1976 No. 4 s 32 om 1979 No. 74 s 54(2)(d) PART 9A—SUSPENSION PENDING PROSECUTION pt hdg ins 1987 No. 24 s 23 om 1999 No. 58 s 489 Application to judge s 60 prev s 60 sub 1969 No. 3 s 11 om 1979 No. 74 s 54(2)(d) pres s 60 ins 1987 No. 24 s 23 om 1999 No. 58 s 489 Procedure s 61 prev s 61 sub 1969 No. 3 s 12 om 1979 No. 74 s 54(2)(d) pres s 61 ins 1987 No. 24 s 23 om 1999 No. 58 s 489 Grant of application s 62 prev s 62 sub 1969 No. 3 s 13 om 1979 No. 74 s 54(2)(d) pres s 62 ins 1987 No. 24 s 23 om 1999 No. 58 s 489 Order s 63 prev s 63 sub 1969 No. 3 s 14 amd 1976 No. 4 s 33 om 1979 No. 74 s 54(2)(d) pres s 63 ins 1987 No. 24 s 23 om 1999 No. 58 s 489

82 Medical Act 1939 Restriction on publication s 64 prev s 64 sub 1969 No. 3 s 15 om 1979 No. 74 s 54(2)(d) pres s 64 ins 1987 No. 24 s 23 om 1999 No. 58 s 489 Interpretation s 65 prev s 65 sub 1969 No. 3 s 16 om 1979 No. 74 s 54(2)(d) pres s 65 ins 1987 No. 24 s 23 om 1999 No. 58 s 489 Bail applications s 66 prev s 66 amd 1966 No. 23 s 14; 1976 No. 4 s 34 om 1979 No. 74 s 54(2)(d) pres s 66 ins 1987 No. 24 s 23 om 1999 No. 58 s 489 PART 9B—MEDICAL RECORDS pt hdg ins 1987 No. 24 s 23 Safeguarding of abandoned medical records s 67 prev s 67 sub 1969 No. 3 s 17 om 1979 No. 74 s 54(2)(d) pres s 67 ins 1987 No. 24 s 23 amd 1999 No. 58 s 490 Direction to hold medical records s 68 om 1979 No. 74 s 54(2)(d) ins 1987 No. 24 s 23 Transfer of medical records s 69 prev s 69 amd 1966 No. 23 s 15; 1976 No. 4 s 35 om 1979 No. 74 s 54(2)(d) pres s 69 ins 1987 No. 24 s 23 Destruction of medical records s 70 prev s 70 amd 1966 No. 23 s 16; 1976 No. 4 s 36 om 1979 No. 74 s 54(2)(d) pres s 70 ins 1987 No. 24 s 23 Transplantations hdg (prec s 70A) ins 1966 No. 23 s 17 om 1979 No. 74 s 54(2)(d) Removal of organs of deceased persons s 70A ins 1955 4 Eliz 2 No. 27 s 13 sub 1966 No. 23 s 17; 1969 No. 3 s 18 om 1979 No. 74 s 54(2)(d) Rights to medical records preserved s 71 ins 1987 No. 24 s 23

83 Medical Act 1939 Definitions s 71A ins 1987 No. 24 s 23 Evidence s 73 amd 1987 No. 24 s 24 Registers as evidence s 74 amd 1966 No. 23 s 18 General offence and penalty s 75 amd 1966 No. 23 s 19; 1979 No. 34 s 10; 1981 No. 37 s 7 sub 1987 No. 24 s 25 Recovery of penalties s 76 amd 1966 No. 23 s 20; 1987 No. 24 s 26 Person not to be dealt with twice s 76A ins 1987 No. 24 s 27 amd 1999 No. 58 s 491 Unqualified person prohibited from recovering medical fees s 78 sub 1981 No. 37 s 8 Saving of other rights and remedies against medical practitioners etc. s 79 amd 1955 4 Eliz 2 No. 27 s 14; 1999 No. 58 s 492 PART 11—MEDICAL COMPANIES pt hdg ins 1981 No. 37 s 9 Application of pt 7 to medical companies s 80 ins 1981 No. 37 s 9 Application of pt 8 to medical companies s 81 ins 1981 No. 37 s 9 Power to regulate advertising etc. by medical companies s 82 ins 1981 No. 37 s 9 Regulation of company names s 83 ins 1981 No. 37 s 9 Presumed contracts with medical practitioners acting for medical companies s 84 ins 1981 No. 37 s 9 Medical company may recover medical fees s 85 ins 1981 No. 37 s 9 PART 12—MISCELLANEOUS pt hdg ins 1992 No. 66 s 119 Regulations s 86 ins 1992 No. 66 s 119 amd 1995 No. 58 s 4 sch 1; 1999 No. 58 s 493 PART 13—SAVINGS, TRANSITIONALS AND VALIDATIONS pt hdg ins 1992 No. 66 s 119 sub 1996 No. 60 s 31

84 Medical Act 1939 Power of board to make by-laws about fees s 87 ins 1992 No. 66 s 119 Registration as medical practitioner s 88 ins 1992 No. 66 s 119 amd 1996 No. 60 s 32 Registration of certain medical practitioners and specialists s 88A ins 1996 No. 60 s 33 exp 9 December 1996 (see s 88A(8)) Meaning of “foreign medical practitioner” s 89 ins 1992 No. 66 s 119 Grounds for deregistration s 90 ins 1992 No. 66 s 119 Board’s duty to deregister practitioners liable to deregistration s 91 ins 1992 No. 66 s 119 Special provision for practitioners removed for non-payment of fees s 92 ins 1992 No. 66 s 119 Registration with conditions s 93 ins 1992 No. 66 s 119 Consideration in respect of certain criteria s 94 ins 1992 No. 66 s 119 Regulations in force under previous s 5 s 95 ins 1992 No. 66 s 119 Rules in force under previous s 35A s 96 ins 1995 No. 58 s 4 sch 1 exp 28 November 1995 Transitional provision about forms s 97 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 (see s 97(3)) FIRST SCHEDULE hdg amd 1976 No. 4 s 38 om 1992 No. 66 s 120 SECOND SCHEDULE—QUALIFICATIONS FOR REGISTRATION AS A MEDICAL PRACTITIONER ins 1976 No. 4 s 39 om 1981 No. 76 s 9 THIRD SCHEDULE—QUALIFICATIONS FOR REGISTRATION AS A SPECIALIST ins 1976 No. 4 s 39 om 1981 No. 76 s 9

85 Medical Act 1939 ´ 8 List of forms Form M 02 Version April 1996—Application for Registration as a Medical Practitioner in Queensland pubd gaz 24 May 1996 p 699 Form M 02m Version April 1996—Application for Registration under Mutual Recognition as a Medical Practitioner in Queensland pubd gaz 24 May 1996 p 699 Form M 02R Version April 1996—Application for Restoration as a Medical Practitioner in Queensland pubd gaz 24 May 1996 p 699 © State of Queensland 2002