Table Of Contents

Health Practitioners (Disciplinary Proceedings) Act 1999

Queensland Crest
Health Practitioners (Professional Standards) Act 1999
Queensland Health Practitioners (Disciplinary Proceedings) Act 1999 Current as at 1 July 2013 Reprint note This is the last reprint before repeal. Repealed on 1 July 2014 by 2013 Act No. 36 s 321.
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/information. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Health Practitioners (Disciplinary Proceedings) Act 1999 Contents Part 1 Division 1 1 2 3 4 5 Division 2 6 7 Division 3 8 Division 4 9 Part 2 Division 1 10 Division 2 11 12 13 Division 3 Subdivision 1 14 15 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Relationship with Health Quality and Complaints Commission Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Main objects of this Act Main objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 How main objects of this Act are to be primarily achieved . . . . . . 22 Operation of Act Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Application of Act to former registrants Application of Act to persons who are no longer registered . . . . . 23 Administration Preliminary Purposes of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Boards Boards’ functions under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . 25 Delegation of certain powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Minister’s power to give directions . . . . . . . . . . . . . . . . . . . . . . . . 27 Professional conduct review panels Functions and establishment of panels Functions of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Secretary to establish panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 16 Subdivision 2 17 18 19 20 21 22 Subdivision 3 23 24 25 Division 4 Subdivision 1 30 Subdivision 2 31 32 33 34 35 Division 5 39 40 40A 41 42 43 44 45 Part 3 Division 1 46 Division 2 47 When panel ceases to exist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of panels Membership of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on membership of panel . . . . . . . . . . . . . . . . . . . . . . Board must advise secretary of specialist and technical issues. . Board may nominate member . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary of professional conduct review panels Appointment of secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . QCAT Functions of tribunal Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessors Assessors to assist tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on appointment of assessors . . . . . . . . . . . . . . . . . . Board must advise principal registrar of specialist and technical issues ..................................... Functions and powers of assessors . . . . . . . . . . . . . . . . . . . . . . . Payment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Panels of assessors Panels of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of individuals to panels of assessors. . . . . . . . . . . . Temporary appointment of panel of assessors. . . . . . . . . . . . . . . Disqualification from membership of panel of assessors . . . . . . . Procedure for recommending members of panels of assessors . Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complaints Preliminary Purposes of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making a complaint Who may make complaint about registrant . . . . . . . . . . . . . . . . . Page 2 29 29 30 30 31 31 31 32 32 33 33 34 35 35 36 36 36 37 38 38 40 41 41 41 42 43
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 48 49 50 Division 3 Subdivision 1 51 52 Subdivision 2 53 Subdivision 2A 54 55 Subdivision 3 56 57 Part 4 58 59 60 Part 5 Division 1 61 Division 2 62 63 64 65 66 67 Division 3 68 69 Grounds for complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How complaint is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entity making complaint to reveal identity . . . . . . . . . . . . . . . . . . How complaints are dealt with Complaints by users of registrant’s services or entity acting on behalf of user Action by board on receipt of complaint . . . . . . . . . . . . . . . . . . . . Referral of complaint to commission . . . . . . . . . . . . . . . . . . . . . . Complaints made or referred to board by other entities and complaints commission not authorised to receive Action by board on receipt of complaint made or referred by another entity, or complaint commission not authorised to receive ................................... Rejection of complaints When complaint may be rejected . . . . . . . . . . . . . . . . . . . . . . . . . Notice to be given if complaint rejected . . . . . . . . . . . . . . . . . . . . Other matters about complaints Board may require further information or statutory declaration . . Withdrawal of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediate suspension of registrants or imposition of conditions on their registration Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediate suspension or imposition of conditions on registration Suspension or conditions to be recorded in board’s register . . . . Investigations Preliminary Purposes of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions about investigation When investigation of registrant must be conducted . . . . . . . . . . When investigation of registrant may be conducted on board’s initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may investigate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigation must be conducted as quickly as possible . . . . . . . Registrant to be given notice of investigation . . . . . . . . . . . . . . . . Registrant may make submissions . . . . . . . . . . . . . . . . . . . . . . . . Investigation committees Function of investigation committee . . . . . . . . . . . . . . . . . . . . . . . Powers of investigation committee . . . . . . . . . . . . . . . . . . . . . . . . 43 43 44 44 46 47 49 50 51 51 52 52 54 54 55 55 56 56 57 58 58 58 Page 3
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents Division 4 70 71 72 73 74 75 76 77 Division 5 Subdivision 1 78 79 80 81 Subdivision 2 82 Subdivision 3 83 84 85 86 87 Subdivision 4 88 89 90 Subdivision 5 91 92 93 94 95 96 97 98 Page 4 Investigators Function of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on powers of investigator . . . . . . . . . . . . . . . . . . . . . . . Who may be appointed as investigator. . . . . . . . . . . . . . . . . . . . . Investigator’s appointment conditions. . . . . . . . . . . . . . . . . . . . . . Investigator’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to return identify card . . . . . . . . . . . . . . . . . . . . . . . . . . . . Display of investigator’s identity card . . . . . . . . . . . . . . . . . . . . . . Investigation powers Power to obtain information Power to require information or attendance . . . . . . . . . . . . . . . . . Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of produced things . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry of places by investigator Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for entry by investigator Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . Powers of investigator after entry General powers after entering places. . . . . . . . . . . . . . . . . . . . . . Failure to help investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of investigator to seize evidence Seizing evidence at public place if entry made when place open Seizing evidence at place entered with consent or warrant . . . . . Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with forfeited things etc.. . . . . . . . . . . . . . . . . . . . . . . . . . 58 58 58 59 59 59 60 60 60 61 61 62 62 63 64 64 65 67 67 68 69 69 69 70 70 71 71 72 72
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 99 100 Subdivision 6 101 102 103 104 105 106 Subdivision 7 107 108 109 110 111 112 113 Division 6 114 115 116 117 118 119 120 121 Part 6 Division 1 122 123 Division 2 124 Division 3 125 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General enforcement matters Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impersonation of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . Health assessments and expert assistance Board may require health assessment . . . . . . . . . . . . . . . . . . . . . Appointment of appropriately qualified person to conduct health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . Registrant may make submissions about assessment report . . . Expert assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of assessment and expert’s report . . . . . . . . . . . . . . . . . . . . Payment for health assessments and reports . . . . . . . . . . . . . . . Action following investigation Preliminary report prepared by investigation committee or investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board to prepare report on completion of investigation . . . . . . . . Board to keep commission informed about investigation . . . . . . . Commission may report to Minister . . . . . . . . . . . . . . . . . . . . . . . Decision on investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board to take action as soon as practicable. . . . . . . . . . . . . . . . . Board must give notice about investigation to registrant and other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Undertaking to be recorded in board’s register . . . . . . . . . . . . . . Disciplinary proceedings Preliminary Purposes of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purposes of disciplinary proceedings and disciplinary action . . . Grounds for disciplinary action Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting disciplinary proceedings When disciplinary proceedings may be started . . . . . . . . . . . . . . 73 73 73 74 74 75 75 75 76 77 77 79 79 80 80 80 81 81 83 83 85 85 87 87 88 88 89 Page 5
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 126 Division 4 Subdivision 1 127 128 129 Subdivision 2 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Page 6 How disciplinary proceedings may be started . . . . . . . . . . . . . . . Disciplinary proceedings conducted by board Boards’ jurisdiction to conduct disciplinary proceedings and form of proceedings Boards’ jurisdiction to conduct disciplinary proceedings . . . . . . . Form of disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . Additional disciplinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . Disciplinary proceedings in form of a hearing Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of intention to conduct disciplinary proceedings by hearing ....................................... Substituted service on registrant and complainant. . . . . . . . . . . . Registrant may require referral to tribunal . . . . . . . . . . . . . . . . . . Powers of board to refer matter to panel or tribunal etc. . . . . . . . Powers of disciplinary committee to refer matter to panel or tribunal etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for hearing by board or disciplinary committee . . . . . . Time and place of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing not open to the public . . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance and appearance at hearing . . . . . . . . . . . . . . . . . . . . Board or disciplinary committee may exclude complainant from hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board or disciplinary committee may exclude disruptive person from hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board or disciplinary committee may be assisted by lawyer or other person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board or disciplinary committee may proceed in absence of registrant or may adjourn hearing . . . . . . . . . . . . . . . . . . . . . . . . Questions to be decided by majority of board or disciplinary committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure if board member absent etc. . . . . . . . . . . . . . . . . . . . . Procedure if committee member absent etc. . . . . . . . . . . . . . . . . Inspection of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence and findings etc. in other proceedings may be received or adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allowance to witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board or disciplinary committee to keep record of disciplinary proceedings ................................. 90 91 92 92 93 93 94 94 95 96 97 98 98 98 99 99 99 99 100 100 100 101 102 102 103 103
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents Subdivision 3 152 153 154 155 156 157 Subdivision 4 158 159 160 161 162 163 Subdivision 5 164 165 166 167 Subdivision 6 168 169 170 Division 5 Subdivision 1 171 172 Subdivision 2 173 174 175 176 Disciplinary proceedings by correspondence Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of intention to conduct disciplinary proceedings by correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Substituted service on registrant or complainant . . . . . . . . . . . . . Registrant may require referral to tribunal . . . . . . . . . . . . . . . . . . Board or disciplinary committee may require other information . . Power of board or committee to continue disciplinary proceedings without receiving registrant’s submission. . . . . . . . . Offences relating to disciplinary proceedings dealt with by board or disciplinary committee Offences about attending hearing, answering questions and related matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence for failing to give information . . . . . . . . . . . . . . . . . . . . . . Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of board or disciplinary committee . . . . . . . . . . . . . . . . Decision on completion of disciplinary proceedings Decision about whether ground for disciplinary action established .................................... Decision about disciplinary action relating to registrant . . . . . . . . Decision about disciplinary action relating to former registrant . . Matters board or disciplinary committee must consider in making decision about disciplinary action . . . . . . . . . . . . . . . . . . Action after decision about disciplinary action Notification of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional information to be included in notice . . . . . . . . . . . . . . . Disciplinary action to be recorded in board’s register. . . . . . . . . . Professional conduct review panels Jurisdiction of panels Panels’ jurisdiction to conduct disciplinary proceedings. . . . . . . . Additional disciplinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedural matters Parties to disciplinary proceedings. . . . . . . . . . . . . . . . . . . . . . . . Notice of intention to conduct hearing . . . . . . . . . . . . . . . . . . . . . Substituted service on registrant and complainant. . . . . . . . . . . . Pre-hearing conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 104 105 105 105 106 106 107 107 107 107 108 109 109 110 111 111 113 113 114 115 115 115 116 117 Page 7
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 Subdivision 3 195 196 197 198 199 Subdivision 4 200 201 202 203 204 Subdivision 5 205 Page 8 Registrant may require referral to tribunal . . . . . . . . . . . . . . . . . . Powers of panel to direct referral of matter to tribunal etc. . . . . . . Procedure for hearing by panel . . . . . . . . . . . . . . . . . . . . . . . . . . Time and place of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing not open to the public . . . . . . . . . . . . . . . . . . . . . . . . . . . Appearance and attendance at hearing . . . . . . . . . . . . . . . . . . . . Panel may exclude complainant from hearing . . . . . . . . . . . . . . . Panel may exclude disruptive person from hearing . . . . . . . . . . . Secretary or other person may assist panel. . . . . . . . . . . . . . . . . Witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Panel may proceed in absence of party or may adjourn hearing . Questions to be decided by majority of panel . . . . . . . . . . . . . . . Procedure if panel member absent etc. . . . . . . . . . . . . . . . . . . . . Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence and findings etc. in other proceedings may be received or adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allowance to witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Panel to keep record of disciplinary proceedings . . . . . . . . . . . . . Offences relating to disciplinary proceedings dealt with by panel Offences about attending hearing, answering questions and related matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on completion of disciplinary proceedings Decision about whether ground for disciplinary action established .................................... Decision about disciplinary action relating to registrant . . . . . . . . Decision about recording disciplinary action relating to registrant ................................. Decision about disciplinary action relating to former registrant . . Matters panel must consider in making decision about disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action after decision about disciplinary action Notification of decision of panel . . . . . . . . . . . . . . . . . . . . . . . . . . 117 118 119 120 120 120 121 121 121 122 122 122 122 123 124 124 125 125 126 126 127 127 127 128 128 130 130 131 131
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 206 Subdivision 6 207 208 Subdivision 7 209 210 Division 6 Subdivision 1 211 212 Subdivision 2 213 214 215 217 218 219 222 225 226 227 228 231 233 Subdivision 4 240 241 242 243 244 Additional information to be included in notice . . . . . . . . . . . . . . . Effect of decision Effect of panel’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Implementation of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . QCAT Jurisdiction of tribunal Tribunal’s jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional disciplinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedural matters Allocation of matters and constitution of the tribunal . . . . . . . . . . Parties to disciplinary proceedings. . . . . . . . . . . . . . . . . . . . . . . . Notice of intention to conduct hearing . . . . . . . . . . . . . . . . . . . . . Compulsory conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tribunal’s powers relating to health assessment . . . . . . . . . . . . . Procedure for hearing by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . Hearing of impairment matter. . . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tribunal may exclude witnesses from hearing . . . . . . . . . . . . . . . Member may have regard to assessor’s views. . . . . . . . . . . . . . . Procedure if member or assessor unable to take part in proceedings ................................. Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence and findings etc. in other proceedings may be received or adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions on completion of disciplinary proceedings Decision about whether ground for disciplinary action established .................................... Decision about disciplinary action relating to registrant . . . . . . . . Decision about recording disciplinary action relating to registrant ................................... Decision about disciplinary action relating to former registrant . . Matters tribunal must consider in making decision about disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 134 134 134 134 135 135 136 136 136 137 138 139 139 139 139 140 140 140 141 142 143 145 147 148 Page 9
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents Subdivision 5 245 246 Subdivision 6 247 248 249 250 251 Subdivision 7 253 254 Subdivision 8 255 Division 7 Subdivision 1 260 Subdivision 2 261 262 Subdivision 3 263 Subdivision 4 264 265 Part 7 Division 1 266 267 268 Division 2 Subdivision 1 269 Action after decision about disciplinary action Notification of decision of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . Additional information to be included in notice . . . . . . . . . . . . . . . Suspended decisions Decision may be suspended . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of suspended decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequences if other disciplinary action while suspended decision ........................................ Power of tribunal to deal with suspended decision. . . . . . . . . . . . Tribunal must give notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of decision Implementation of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of fine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dissemination of information Purpose Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of disciplinary proceedings and disciplinary action Board may notify other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . Board may notify other registrants . . . . . . . . . . . . . . . . . . . . . . . . Records of disciplinary proceedings Records to be kept and made publicly available . . . . . . . . . . . . . Reports Matters to be included in board’s annual report . . . . . . . . . . . . . . Secretary to give report to Minister . . . . . . . . . . . . . . . . . . . . . . . Management of impaired registrants by boards Preliminary Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How purpose is achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Informal management of impaired registrants Preliminary Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 150 152 153 153 153 154 155 156 156 157 157 159 159 161 162 162 162 163 163 Page 10
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents Subdivision 2 270 271 272 273 274 275 276 277 278 279 Subdivision 3 280 281 Division 3 Subdivision 1 282 283 284 Subdivision 2 285 Subdivision 3 286 287 288 288A 289 290 291 292 293 294 Health assessments and boards’ powers Board may request information . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to be given to registrant. . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of board if registrant does not undergo health assessment etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for health assessment. . . . . . . . . . . . . . . . . . . . . . . . . Registrant may make submissions about assessment report . . . Decision about impairment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision about action to be taken for impaired registrant . . . . . . Decision about action to be taken for registrants who are not impaired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of board’s decision. . . . . . . . . . . . . . . . . . . . . . . . . . . Additional information to be included in notice . . . . . . . . . . . . . . . Miscellaneous Payment of person conducting assessment . . . . . . . . . . . . . . . . . Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health assessment committees Establishment of health assessment committee Establishment of health assessment committee . . . . . . . . . . . . . Composition of health assessment committee. . . . . . . . . . . . . . . Remuneration of health assessment committee members etc. . . Functions of health assessment committee Functions of health assessment committee . . . . . . . . . . . . . . . . . Assessment procedures and committees’ powers Notice about establishment of health assessment committee . . . Registrant may make submissions to health assessment committee ...................................... Power of health assessment committee to require registrant to undergo health assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of external assessor . . . . . . . . . . . . . . . . . . . . . . . . Failure to comply with requirement of health assessment committee ...................................... Other powers of health assessment committee . . . . . . . . . . . . . . Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 164 164 165 165 167 168 168 169 170 170 171 171 172 172 173 174 174 175 175 176 177 178 178 179 179 180 Page 11
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 295 295A 296 297 Division 4 298 299 300 Division 5 301 302 303 304 Division 6 305 306 307 308 Part 8 Division 1 309 310 Division 2 311 312 Division 3 313 Part 9 Division 1 314 Division 2 315 316 317 318 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . External assessor to prepare report about external assessment. Health assessment committee to prepare report . . . . . . . . . . . . . Registrant may make submissions about assessment report . . . Decision by board about impairment Decision about impairment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision about action to be taken for impaired registrant . . . . . . Decision about action to be taken for registrants who are not impaired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action after decision about impairment Notification of board’s decision. . . . . . . . . . . . . . . . . . . . . . . . . . . Additional information to be included in notice . . . . . . . . . . . . . . . Conditions and undertakings to be recorded in board’s register . Notification of other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Conditions or order in force until further decision made. . . . . . . . Registrant may request further health assessment . . . . . . . . . . . Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board must pay cost of assessments. . . . . . . . . . . . . . . . . . . . . . Powers resulting from action under foreign law Preliminary Purpose of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action taken by board on basis of foreign law Board may take action on basis of foreign law . . . . . . . . . . . . . . . Further action by board relating to proposed action. . . . . . . . . . . Records Record to be made in register . . . . . . . . . . . . . . . . . . . . . . . . . . . Reviews and appeals Preliminary Purposes of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of conditions imposed under decision of panel Reviews of conditions imposed under decision of panel . . . . . . . Who may have conditions reviewed . . . . . . . . . . . . . . . . . . . . . . . How to start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary to give notice of review to particular persons . . . . . . . . 180 180 181 183 184 184 185 186 187 188 188 189 190 190 191 191 191 192 193 194 195 196 196 196 196 Page 12
319 320 321 322 323 324 Division 3 325 326 327 328 329 330 331 Division 4 337 338 339 340 343 345 Division 5 346 347 350 353 Part 10 Division 1 354 Division 2 355 356 357 Division 3 358 359 Health Practitioners (Disciplinary Proceedings) Act 1999 Contents Secretary to establish panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review may be by hearing or written submission. . . . . . . . . . . . . Notice about hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review by hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review by written submissions. . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of review panel on review . . . . . . . . . . . . . . . . . . . . . . . . Review by tribunal Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to be given to commission. . . . . . . . . . . . . . . . . . . . . . . . . Review of decision under s 59(2) . . . . . . . . . . . . . . . . . . . . . . . . . Panel making decision under s 324 not a party . . . . . . . . . . . . . . Reviews by hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of tribunal on review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of certain tribunal decisions Decisions that may be reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . Who may have decision reviewed . . . . . . . . . . . . . . . . . . . . . . . . Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registrar to give copy of application to particular persons . . . . . . Review by hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of tribunal on review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals to Court of Appeal from decisions of tribunal Tribunal decisions that are appealable . . . . . . . . . . . . . . . . . . . . . Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appellant to give notice of appeal to particular persons. . . . . . . . Court’s decision may be tribunal review decision . . . . . . . . . . . . . Inspectors Preliminary Purpose of pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspectors’ function and powers Function of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on powers of inspector . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of inspectors and other matters Who may be appointed as inspector . . . . . . . . . . . . . . . . . . . . . . Inspector’s appointment conditions . . . . . . . . . . . . . . . . . . . . . . . 197 197 197 198 198 199 200 201 201 201 201 202 202 203 204 204 204 205 206 207 207 207 208 208 208 208 209 209 209 Page 13
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 360 361 362 Division 4 363 364 365 366 Division 5 367 Part 11 Division 1 367A 367B 367C 367D Division 2 368 369 370 371 372 373 Part 12 Division 1 374 375 376 Division 2 377 378 379 380 381 Inspector’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . Display of inspector’s identity card . . . . . . . . . . . . . . . . . . . . . . . . Particular powers of inspectors Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of produced document . . . . . . . . . . . . . . . . . . . . . . . . Impersonation of inspectors Impersonation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal proceedings Evidence Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings Indictable and summary offences. . . . . . . . . . . . . . . . . . . . . . . . . Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . Limitation on who may summarily hear indictable offence . . . . . . Limitation on time for starting summary proceedings. . . . . . . . . . Allegations of false or misleading information or documents . . . . Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Codes of practice Board may develop code of practice . . . . . . . . . . . . . . . . . . . . . . Inspection of code etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of code of practice in disciplinary proceedings . . . . . . . . . . . Investigations and certain disciplinary proceedings and disciplinary action Certain investigations not to be conducted or continued . . . . . . . Certain disciplinary proceedings not to be conducted or continued ..................................... Undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registrant must comply with conditions . . . . . . . . . . . . . . . . . . . . Effect of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 210 210 211 211 211 212 212 213 213 214 214 215 215 216 217 217 217 217 218 219 219 219 220 220 220 Page 14
Division 2B 381J 381K Division 3 382 383 384 385 385A 385B 385C Division 4 386 386A 387 388 389 390 Division 5 391 392 392A 393 Division 6 394 395 397 398 Part 12A Division 1 398A Health Practitioners (Disciplinary Proceedings) Act 1999 Contents Certificates of registration Return of certificate of registration to board if registration suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment or replacement of certificate of registration . . . . . . . Giving information and notices Board member or executive officer may give chief executive certain information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board to give notice to commission at end of dealing with complaint .................................... Board may notify other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . Court or coroner may notify board . . . . . . . . . . . . . . . . . . . . . . . . Registrant to give notice of certain convictions to board . . . . . . . Registrant to give board notice of certain judgments and settlements ..................................... Registrant to give board notice about certain events . . . . . . . . . . Protections Protection of members, legal representatives and witnesses etc. Protection of officials from liability . . . . . . . . . . . . . . . . . . . . . . . . Protection for person making complaint or otherwise giving information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information and confidentiality False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure to protect health or safety of patients or other persons ...................................... Board’s annual report must disclose authorisation. . . . . . . . . . . . Miscellaneous Board etc. may give combined notice. . . . . . . . . . . . . . . . . . . . . . Notices if complainant has not revealed identity . . . . . . . . . . . . . Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about particular proceedings relating to NRAS registrants Preliminary Explanation of pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 222 223 223 223 225 225 225 226 227 228 229 230 230 231 231 231 234 234 235 235 236 236 236 Page 15
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 398B Division 2 398C 398D 398E Division 3 398F 398G 398H Division 4 Subdivision 1 398I 398J Subdivision 2 398K Subdivision 3 398L 398M 398N 398O 398P 398Q 398R 398S 398T Subdivision 4 398U 398V 398W 398X Subdivision 5 398Y 398Z Definitions for pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction of tribunal Jurisdiction of tribunal conferred by National Law (Queensland) . Jurisdiction of tribunal conferred by this part . . . . . . . . . . . . . . . . Exercising jurisdiction concurrently . . . . . . . . . . . . . . . . . . . . . . . Applying for review of tribunal review decision, and decisions tribunal may make NRAS registrant may apply for review . . . . . . . . . . . . . . . . . . . . . How application is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of tribunal on review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedures etc. applying to all NRAS disciplinary proceedings Preliminary Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution of tribunal Constitution of the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessors Tribunal to be assisted by assessors . . . . . . . . . . . . . . . . . . . . . . Choosing assessors generally . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular persons not eligible to be assessors in an NRAS disciplinary proceeding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement about gender balance . . . . . . . . . . . . . . . . . . . . . . . Choosing assessors if specialist and technical issues involved . . Function of assessors in compulsory conference . . . . . . . . . . . . Functions and powers of assessors in hearing . . . . . . . . . . . . . . Member may have regard to assessor’s views. . . . . . . . . . . . . . . Procedure if member or assessor unable to take part in hearing. Hearings Advice to be given by tribunal in a hearing. . . . . . . . . . . . . . . . . . Particular hearings to be held in private . . . . . . . . . . . . . . . . . . . . Tribunal may excuse NRAS registrant from attendance . . . . . . . . Tribunal may exclude witnesses from hearing . . . . . . . . . . . . . . . Interim orders and evidence etc. Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence and findings etc. in other proceedings may be received or adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 238 239 240 240 241 241 242 242 243 243 243 244 244 245 245 246 247 247 248 248 249 249 249 250 Page 16
Division 5 398ZA 398ZB 398ZC 398ZD 398ZE Division 6 398ZF 398ZG Division 7 398ZH 398ZI 398ZJ 398ZK Division 8 398ZL 398ZM Part 13 Division 1 399 400 401 402 403 404 Division 2 405 Division 3 405A Health Practitioners (Disciplinary Proceedings) Act 1999 Contents Additional procedures Notice of hearing of proceeding for matter referred by national board .......................................... Notice of proceeding for review of reviewable decisions . . . . . . . Particular procedures for proceeding for review of reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of proceeding for review of tribunal review decisions . . . . Particular procedures for proceedings for review of tribunal review decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about decisions Notice of final decision of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . Implementation of particular decisions . . . . . . . . . . . . . . . . . . . . . Appeals to Court of Appeal from decisions of tribunal Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NRAS registrant or national board may appeal to Court of Appeal ....................................... Appellant to give notice of appeal to particular persons. . . . . . . . Court’s decision may be tribunal review decision . . . . . . . . . . . . . General matters Panel of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Provisions for Health Practitioners (Professional Standards) Act 1999 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing complaints and disciplinary proceedings . . . . . . . . . . . . Complaints or other information known to boards after commencement day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Things to establish pattern of conduct or practice . . . . . . . . . . . . Saving of existing orders made by boards or Medical Assessment Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records of Medical Assessment Tribunal transferred to Health Practitioners Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions for Health Practitioners Legislation Amendment Act 2001 Transitional provision about health practitioner registration Act . . Provisions for Health Quality and Complaints Commission Act 2006 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 251 252 252 252 253 254 254 254 255 256 256 257 257 258 259 259 260 261 261 262 Page 17
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 405B 405C 405D 405E 405F 405G 405H Division 4 405I 405J 405K Division 4A 405KA Division 5 405L 405M 405N 405O 405P 405Q 405R 405S 405T 405U 405V Division 6 405W 405X 405Y 405Z 405ZA 405ZB Page 18 Withdrawal of referred complaint . . . . . . . . . . . . . . . . . . . . . . . . . When investigation must be conducted or continued . . . . . . . . . . Reports to commission on investigation by board . . . . . . . . . . . . Board’s annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice about board decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copy of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuing requirement for board to give notice to commission. . Provisions for Medical Board (Administration) Act 2006 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuing appointment of inspector or investigator . . . . . . . . . . Transitional provision for Criminal History Screening Legislation Amendment Act 2010 Giving particular information to Commissioner for Children and Young People and Child Guardian . . . . . . . . . . . . . . . . . . . . . . . . Provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing professional panels of assessors . . . . . . . . . . . . . . . . . . Existing complaints and related proceedings and appeals . . . . . Existing non-complaint disciplinary matters and related proceedings and appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing QCAT proceedings and existing appeals . . . . . . . . . . . . Investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copy of particular records to be given to national board . . . . . . . Particular registrants to give particular notices to national board. Protection of officials from liability . . . . . . . . . . . . . . . . . . . . . . . . Penalties to be paid to national board . . . . . . . . . . . . . . . . . . . . . Provision for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing panels of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing complaints and related proceedings and appeals . . . . . Existing non-complaint disciplinary matters and related proceedings and appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing QCAT proceedings and existing appeals . . . . . . . . . . . . Investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 262 263 263 263 264 264 264 265 265 265 266 267 268 270 272 274 275 276 276 277 278 279 279 280 282 283 284
Health Practitioners (Disciplinary Proceedings) Act 1999 Contents 405ZC 405ZD 405ZE 405ZF 405ZG Division 7 Subdivision 1 406 407 408 Subdivision 2 409 410 411 Subdivision 3 412 413 414 415 Part 14 416 Schedule Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copy of particular records to be given to national board . . . . . . . Particular registrants to give particular notices to national board. Protection of officials from liability . . . . . . . . . . . . . . . . . . . . . . . . Penalties to be paid to national board . . . . . . . . . . . . . . . . . . . . . Provisions for the Health Practitioner Registration and Other Legislation Amendment Act 2013 Provisions for amendment of Health Practitioners (Professional Standards) Act 1999 Definition for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing disciplinary proceedings not finally dealt with . . . . . . . . . Chief executive to give children’s commissioner further information ..................................... Provisions relating to the repeal of Dental Technicians Registration Act 2001 and Speech Pathologists Registration Act 2001 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions relating to the repeal of Health Practitioner Registration (Administration) Act 1999 Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refund of proportion of registration fee . . . . . . . . . . . . . . . . . . . . Repeals Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 286 287 288 288 289 289 290 292 292 293 293 293 294 294 295 296 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . 309 309 310 310 311 315 335 Page 19
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 1 Preliminary [s 1] Health Practitioners (Disciplinary Proceedings) Act 1999 [as amended by all amendments that commenced on or before 1 July 2013] An Act to establish arrangements for the disciplining of registrants and the management of impaired registrants, to provide for particular matters about tribunal proceedings and appeals relating to NRAS registrants, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Health Practitioners (Disciplinary Proceedings) Act 1999 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Dictionary The dictionary in the schedule defines particular words used in this Act. 4 The legislative scheme (1) This Act, other than part 12A, is part of a legislative scheme consisting of this Act, the health practitioner registration Acts Current as at 1 July 2013 Page 21
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 1 Preliminary [s 5] and the Health Practitioner Registration Boards (Administration) Act 1999 . (2) Part 12A is part of a legislative scheme consisting of part 12A and the Health Practitioner Regulation National Law (Queensland) . 5 Relationship with Health Quality and Complaints Commission Act This Act, other than part 12A, must be read in conjunction with the Health Quality and Complaints Commission Act 2006 . Division 2 Main objects of this Act 6 Main objects of Act The main objects of this Act are— (a) to protect the public by ensuring health care is delivered by registrants in a professional, safe and competent way; and (b) to uphold the standards of practice within the health professions; and (c) to maintain public confidence in the health professions; and (d) to provide a uniform system to deal with complaints, investigations and disciplinary proceedings relating to registrants, and the management of impaired registrants; and (e) to provide a system to deal with complaints about registrants that is complementary to the Health Quality and Complaints Commission Act 2006 . 7 How main objects of this Act are to be primarily achieved The main objects of this Act are to be primarily achieved by— Page 22 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 1 Preliminary [s 8] (a) enabling complaints to be made to boards about registrants; and (b) enabling boards to immediately suspend, or impose conditions on, registrants under certain circumstances; and (c) providing for investigations about the conduct and practice of registrants; and (d) establishing disciplinary bodies to decide on disciplinary matters about registrants; and (e) establishing processes for the management of impaired registrants; and (f) providing for the dissemination of information about disciplinary proceedings to registrants and the public. Division 3 Operation of Act 8 Act binds all persons (1) This Act binds all persons, including the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. Division 4 Application of Act to former registrants 9 Application of Act to persons who are no longer registered (1) This section applies if a person was a registrant but is no longer registered. (2) This Act, other than the following parts, applies to the person while the person was a registrant as if the person were still a registrant— (a) the immediate suspension part; Current as at 1 July 2013 Page 23
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 10] (b) the impairment part; (c) the foreign law part. (3) Without limiting subsection (2)— (a) an entity may complain about a person to the board with which the person was registered about any aspect of the person’s conduct or practice, or another matter relating to the person, while the person was a registrant as if the person were still a registrant; and (b) a board may investigate any aspect of a person’s conduct or practice, or another matter relating to the person, while the person was a registrant as if the person were still a registrant; and (c) a disciplinary body may conduct disciplinary proceedings about any aspect of a person’s conduct or practice, or another matter relating to the person, while the person was a registrant as if the person were still a registrant. (3A) In this section a reference to a person who was a registrant includes a reference to a person who was registered under a repealed health practitioner registration Act. (4) For subsection (2), this Act applies, with any necessary changes, to a person mentioned in subsection (1) as if a reference to a registrant included the person. Part 2 Administration Division 1 Preliminary 10 Purposes of pt 2 The purposes of this part include— (a) to state the boards’ functions under this Act; and Page 24 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 11] (b) to state the functions of professional conduct review panels and provide a mechanism for establishing the panels; and (c) to state the functions of QCAT for the purposes of this Act; and (d) to provide for panels of assessors; and (e) to provide for the appointment of the secretary of the professional conduct review panels. Division 2 Boards 11 Boards’ functions under this Act A board’s functions under this Act are the following— (a) to receive complaints about its registrants and, if appropriate, refer the complaints to the commission; (b) to consult and cooperate with the commission in investigating and disciplining its registrants and in relation to complaints about impaired registrants; (c) to immediately suspend, or impose conditions on, the registration of its registrants if the registrants pose a serious potential risk to the wellbeing of vulnerable persons; (d) to conduct investigations, whether because of complaints or on its own initiative, about the conduct and practice of its registrants; (e) to deal with disciplinary matters relating to its registrants that can be satisfactorily addressed through advising, cautioning and reprimanding; (f) to bring disciplinary proceedings relating to its registrants before panels or the tribunal; (g) to implement orders of panels or the tribunal relating to the board’s registrants; Current as at 1 July 2013 Page 25
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 12] (h) to establish health assessment committees to assess the health of registrants who may be impaired and make decisions about impaired registrants; (i) to monitor its registrants’ compliance with conditions imposed or other disciplinary action taken, or undertakings entered into, under this Act; (j) to cancel or suspend, or impose conditions on, its registrants’ registration as a result of action taken under a foreign law; (k) to consult and cooperate with other boards, foreign regulatory authorities and other relevant entities about the investigation and disciplining of its registrants and the management of its registrants who are impaired; (l) to exercise other functions given to the board under this Act. 12 Delegation of certain powers (1) A board may delegate its powers under this Act, other than its power— (a) to conduct disciplinary proceedings; or (b) to make a decision at the end of disciplinary proceedings to advise, caution or reprimand a registrant; or (c) to make a decision to cancel or suspend, or impose conditions on, a registrant’s registration; or (d) to make a decision to enter into an undertaking with a registrant in relation to disciplinary proceedings; or (e) to make a decision to end a suspension or remove or change conditions; or (f) to make a decision to reinstate a registrant’s registration. (2) The board may delegate its powers to— (a) a member of the board; or (b) the executive officer; or Page 26 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 13] (c) with the agreement of the executive officer—an appropriately qualified member of the office’s staff; or (d) a committee of the board established under a relevant health practitioners registration Act, that contains at least 1 member of the board, if the power delegated is— (i) to make a decision to enter into an undertaking with a registrant, other than an undertaking in relation to disciplinary proceedings; or (ii) to order a registrant to attend for a further health assessment. (3) In this section— appropriately qualified , for a member of the office’s staff, includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing— the staff member’s classification level in the office 13 Minister’s power to give directions (1) The Minister may give a board a written direction about a matter relevant to the board’s functions under this Act if the Minister is satisfied it is necessary to give the direction in the public interest. (2) Without limiting subsection (1), a direction may be— (a) that a registrant’s board conduct an investigation of the registrant; or (b) to give reports and information to the Minister. (3) However, a direction can not be about the following— (a) a decision by the board at the end of disciplinary proceedings to advise, caution or reprimand a registrant; (b) a decision by the board to cancel or suspend, or impose conditions on, a registrant’s registration or enter into an undertaking with a registrant; Current as at 1 July 2013 Page 27
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 14] (c) a decision by the board to order a registrant to attend for further health assessments; (d) a decision by the board to end a suspension or remove or change conditions; (e) a decision by the board to reinstate a registrant’s registration. (4) The board must comply with the direction. (5) The board’s annual report for a financial year, under the Financial Accountability Act 2009 , must include copies of all directions given to it in the financial year. (6) However, the board must exclude from the copies all information likely to identify a complainant or registrant to which the direction relates. Division 3 Professional conduct review panels Subdivision 1 Functions and establishment of panels 14 Functions of panel The functions of a professional conduct review panel include conducting a hearing, and making decisions, relating to disciplinary matters about a registrant, other than disciplinary matters that may, if proven, provide a ground for suspending or cancelling the registrant’s registration. 15 Secretary to establish panel (1) If a board refers a disciplinary matter about a registrant under section 126 for hearing by a panel, the secretary must, by written notice to the members of the panel, establish a professional conduct review panel to hear the disciplinary matter. Page 28 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 16] (2) The secretary must establish the panel as soon as practicable after the referral. 16 When panel ceases to exist The panel ceases to exist when it has performed the functions, or is no longer able to perform the functions, for which it was established. Subdivision 2 Membership of panels 17 Membership of panel (1) The panel must consist of at least 3, and not more than 4, members. (2) The secretary must choose the following to be members of the panel— (a) 2 persons who are members of the professional panel of assessors for the registrant’s profession; (b) 1 person who is a member of the public panel of assessors; (c) if under section 20(1), the registrant’s board nominates a board member who is not also a member of the registrant’s profession to be a member of the panel—that board member; (d) if paragraph (c) does not apply and the secretary considers it necessary, having regard to the nature of the disciplinary matter, for the panel to consist of 4 members, another person who is— (i) a member of the public panel of assessors; or (ii) a member of the professional panel of assessors for the registrant’s profession. (3) If, under section 20(1), the registrant’s board nominates a board member who is also a member of the registrant’s profession to be a member of the panel, the secretary must Current as at 1 July 2013 Page 29
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 18] choose the board member as a member of the panel either instead of a person mentioned in subsection (2)(a) or instead of the person mentioned in subsection (2)(d). 18 Restrictions on membership of panel (1) If the registrant is registered in more than 1 profession, the members of the panel mentioned in section 17(2)(a) or (d)(ii) must be chosen from the panel of assessors for the profession to which the disciplinary proceedings relate. (2) If the disciplinary matter to be heard by the panel relates to a complaint by a user of a service provided by the registrant, or an entity acting on behalf of a user of a service provided by the registrant, the panel must include at least 1 member who is the same gender as the user. (3) Subsection (2) does not apply if the complaint is a complaint accepted by a board under section 50(2). Editor’s note — Under section 50(2) a board may accept a complaint even though the complainant does not provide details or information under subsection (1). (4) Before choosing a person under section 17, other than a board member, the secretary must be satisfied the person does not have a personal or professional connection with the registrant that may prejudice the way in which the person performs the person’s functions as a member of the panel. 19 Board must advise secretary of specialist and technical issues (1) The board that refers a disciplinary matter for hearing by a panel must, at the time of the referral— (a) advise the secretary whether the matter is likely to raise issues of a specialist or technical nature; and (b) if the matter is likely to raise issues of a specialist or technical nature, advise the secretary of the desirable Page 30 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 20] professional background or skills of the members of the panel to be chosen under section 17(2)(a). (2) The secretary must have regard to the board’s advice under subsection (1) when choosing the members of the panel. 20 Board may nominate member (1) The board may, when it refers a disciplinary matter for hearing by a panel, nominate 1 of its members, other than a member who was involved in an investigation of the disciplinary matter, to be a member of the panel. (2) Before nominating a person under subsection (1), the board must be satisfied the person does not have a personal or professional connection with the registrant that may prejudice the way in which the person performs the person’s functions as a member of the panel. (3) For subsection (1), a board member was involved in the investigation of a disciplinary matter if the board member— (a) was an investigator or a member of an investigation committee for the matter; or (b) was directly involved in preparing a report about the investigation; or (c) participated in deliberations or decisions about the matter during or after the investigation, including, for example, the decision to refer the matter under section 126 for hearing by a panel. 21 Chairperson The secretary must appoint a person chosen as a member of a panel who is a member of the professional panel of assessors as chairperson of the panel. 22 Payment of members A member of a panel is entitled to be paid the remuneration and allowances decided by the Governor in Council. Current as at 1 July 2013 Page 31
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 23] Subdivision 3 Secretary of professional conduct review panels 23 Appointment of secretary (1) The Governor in Council may appoint a public service employee as the secretary of professional conduct review panels. (2) A person is not qualified for appointment as the secretary if the person is— (a) a member of a board or national board; or (b) a member of a panel of assessors; or (c) a member of the staff of the office or National Agency. 24 Conditions of appointment (1) The secretary holds office on the conditions stated in the instrument of appointment. (2) The secretary ceases holding office— (a) if the appointment provides for a term of appointment—at the end of the term; or (b) if the secretary ceases to be a public service employee; or (c) if the conditions in the instrument of appointment provide—on ceasing to hold another office (the main office ) stated in the instrument of appointment. (3) The secretary may resign by signed notice of resignation given to the Minister. (4) However, the secretary may not resign from the office of secretary (the secondary office ) if a term of the secretary’s employment to the main office requires the secretary to hold the secondary office. Page 32 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 25] 25 Functions of secretary The secretary’s functions under this Act are the following— (a) to establish panels to hear disciplinary matters referred by boards; (b) to provide support and advice to the panels about the panels’ functions; Editor’s note — See section 14 for the panels’ functions. (c) to advise the panel about procedural matters relevant to the hearing; (d) to give notices under this Act; (e) to arrange payment of remuneration and allowances to members of panels and assessors; (f) to keep records of the panels’ decisions and the reasons for the decisions; (g) to give the executive officer copies of records kept under section 263; (h) to perform other functions given to the secretary under this Act, including the secretary’s functions as an inspector under this Act. Division 4 QCAT Subdivision 1 Functions of tribunal 30 Functions (1) The primary function of the tribunal for the purposes of this Act is to conduct hearings, and make decisions, relating to disciplinary matters about registrants. (2) Without limiting subsection (1), the tribunal’s functions include the following— Current as at 1 July 2013 Page 33
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 31] (a) to hear disciplinary matters about registrants referred by boards under section 126 for hearing by the tribunal, including matters that boards reasonably believe may provide a ground for suspending or cancelling registrants’ registration; (b) to review decisions by boards under the immediate suspension part to suspend, or impose conditions on, registrants’ registration; (c) to review decisions of panels under the disciplinary proceedings part or the review and appeal part; (d) to review certain decisions made by the tribunal; (e) to review decisions by boards under the impairment part or the foreign law part; (f) to perform other functions given to the tribunal under this or another Act. Subdivision 2 Assessors 31 Assessors to assist tribunal (1) In conducting a hearing relating to a registrant under this Act, the tribunal must be assisted by— (a) 1 assessor chosen by the principal registrar from the public panel of assessors; and (b) 2 assessors chosen by the principal registrar from the professional panel of assessors for the registrant’s profession. (2) Despite subsection (1), the tribunal may conduct a hearing under this Act without the assistance of assessors if the tribunal is satisfied it is necessary because of the urgency of the matter. Page 34 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 32] 32 Restrictions on appointment of assessors (1) If the registrant to whom disciplinary proceedings relate is registered in more than 1 profession, the assessors mentioned in section 31(1)(b) must be chosen from the panel of assessors for the profession to which the disciplinary matter before the tribunal relates. (2) A person is not eligible to be an assessor if the person was a member of a panel that made a decision about the disciplinary matter being heard, including, for example, a decision directing the board to refer the matter under section 126 for hearing by the tribunal. (3) If the disciplinary matter to be heard by the tribunal relates to a complaint by a user of a service provided by the registrant, or an entity acting on behalf of a user of a service provided by a registrant, either the constituting member or at least 1 of the assessors must be the same gender as the user unless— (a) the constituting member is conducting the hearing under section 31(2); or (b) the complaint is a complaint accepted by a board under section 50(2). (4) Before choosing an assessor under section 31(1), the principal registrar must be satisfied the assessor does not have a personal or professional connection with the registrant to whom the disciplinary proceedings relate that may prejudice the way in which the assessor performs the assessor’s functions. 33 Board must advise principal registrar of specialist and technical issues (1) A board that refers a disciplinary matter under section 126 for hearing by the tribunal must, at the time of the referral— (a) advise the principal registrar whether the matter is likely to raise issues of a specialist or technical nature; and (b) if the matter is likely to raise issues of a specialist or technical nature, advise the principal registrar of the Current as at 1 July 2013 Page 35
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 34] desirable professional background or skills of the assessors to be chosen from the professional panel of assessors. (2) The principal registrar must have regard to the board’s advice under subsection (1) when choosing the assessors to assist the tribunal. 34 Functions and powers of assessors (1) The function of an assessor is to advise the tribunal about questions of fact arising during the hearing of a disciplinary matter. (2) To enable an assessor to perform the assessor’s function, the assessor may, during the hearing— (a) ask questions of a witness before the tribunal; and (b) discuss any question of fact with a lawyer or other person appearing for a party at the hearing. 35 Payment of assessors An assessor is entitled to be paid the remuneration and allowances decided by the Governor in Council. Division 5 Panels of assessors 39 Panels of assessors There is to be— (a) a public panel of assessors; and (b) the following professional panels of assessors— (i) a dental technicians panel of assessors; (ii) a speech pathologists panel of assessors. Page 36 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 40] 40 Appointment of individuals to panels of assessors (1) The Governor in Council may, by gazette notice, appoint individuals as members of— (a) the public panel of assessors; and (b) each of the professional panels of assessors. (2) Each panel of assessors must consist of the number of members decided by the Minister for the panel having regard to— (a) the likely demand for members to assist the tribunal and be members of professional conduct review panels; and (b) for a professional panel of assessors—the diversity of the profession. (3) An individual is qualified to be recommended by the Minister for appointment as a member of the public panel of assessors only if the Minister is satisfied the person has sufficient experience, knowledge, skills and standing in the community having regard to the functions of assessors and members of professional conduct review panels. (4) An individual is qualified to be recommended by the Minister for appointment as a member of a professional panel of assessors only if— (a) the individual is— (i) registered with the board for the profession for which the panel is established; or (ii) registered, licensed or otherwise authorised to practise the profession in another State; and (b) the Minister is satisfied the individual has sufficient experience, knowledge, skills and standing in the profession having regard to the functions of assessors and members of professional conduct review panels. Current as at 1 July 2013 Page 37
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 40A] 40A Temporary appointment of panel of assessors (1) This section applies if the Minister reasonably believes that it is necessary to urgently appoint an individual as a member of a professional panel of assessors because— (a) the secretary or principal registrar considers a disciplinary matter is likely to raise issues of a specialist or technical nature, whether on the basis of advice received under section 19(1) or 33(1) from a board or otherwise; and (b) the secretary or principal registrar has advised the Minister that— (i) none of the panel members have the desirable professional background or skills; or (ii) panel members who do have the desirable professional background or skills will not be available to hear the matter. (2) Despite section 40(1), the Minister may appoint an individual to a professional panel of assessors for a period of not more than 6 months. (3) An individual is qualified for appointment to a panel under this section only if the individual is qualified for appointment to the panel under section 40(4). 41 Disqualification from membership of panel of assessors (1) An individual must not be appointed as, or continue as, a member of a panel of assessors if— (a) for the public panel of assessors— (i) the individual is a member of a board; or (ii) the individual is, or has been, a registrant; or (iii) the individual is, or has been, registered as a health practitioner under— Page 38 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 41] (A) the law of another State or a foreign country that corresponds to a health practitioner registration Act; or (B) the National Law or a law of a foreign country that corresponds to the National Law; or (iv) the individual is, or has been, a health service provider; and (b) for a professional panel of assessors— (i) the individual is a member of a board; or (ii) the individual is a registrant— (A) whose registration ceases to have effect; or (B) whose registration is subject to conditions that limit the registrant’s right to practise the profession; or (C) who has entered into an undertaking with the registrant’s board or has given the tribunal an undertaking; or (iii) the individual is registered, licensed or otherwise authorised to practise the profession in another State, other than under the National Law, and— (A) the registration, licence or other authorisation is cancelled or suspended; or (B) the registration, licence or other authorisation is subject to conditions that limit the individual’s right to practise the profession; or (C) the individual has entered into an undertaking with an entity in that State that performs the same functions as a disciplinary body. (2) In this section— board includes a national board. Current as at 1 July 2013 Page 39
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 42] registrant includes an NRAS registrant. registrant’s board , in relation to an NRAS registrant, means the NRAS registrant’s board. registration , in relation to an NRAS registrant, means registration under the National Law. 42 Procedure for recommending members of panels of assessors (1) Before recommending individuals as members of the public panel of assessors, the Minister must— (a) invite nominations from community groups and other entities that the Minister considers have an interest in consumer health issues; and (b) by advertisement in a newspaper circulating generally throughout the State, invite members of the public to nominate individuals who are qualified as mentioned in section 40(3) and not disqualified under section 41(1)(a). (2) Before recommending individuals as members of a professional panel of assessors, the Minister must invite nominations from— (a) the board for the profession for which the panel is established; and (b) universities and training institutions that— (i) are established in Queensland; and (ii) are engaged in the education of students for the profession for which the panel is established; and (c) professional colleges established in Australia that the Minister considers are relevant to the profession for which the panel is established; and (d) professional associations that the Minister considers are representative of the profession for which the panel is established; and Page 40 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 2 Administration [s 43] (e) persons who are qualified as mentioned in section 40(4) and not disqualified under section 41(1)(b). (3) The invitation in subsection (2)(e) must be made by advertisement in a newspaper circulating generally throughout the State. (4) However, subsections (2) and (3) do not apply if the Minister reasonably believes that it is necessary to urgently appoint an individual as a member of a professional panel of assessors under section 40(1)(b) because— (a) the secretary or principal registrar considers a disciplinary matter is likely to raise issues of a specialist or technical nature, whether on the basis of advice received under section 19(1) or 33(1) from a board or otherwise; and (b) the secretary or principal registrar has advised the Minister that— (i) none of the panel members have the desirable professional background or skills; or (ii) panel members who do have the desirable professional background or skills will not be available to hear the matter. 43 Duration of appointment A member of a panel of assessors may be appointed for a term not longer than 5 years. 44 Conditions of appointment A member of a panel of assessors holds office on the conditions provided in this Act and the other conditions decided by the Governor in Council. 45 Vacation of office (1) A member of a panel of assessors vacates the member’s office if— Current as at 1 July 2013 Page 41
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 46] (a) the member can not continue as a member under section 41; or (b) the member resigns by signed notice of resignation given to the Minister; or (c) the Governor in Council, by written notice given to the member, removes the member from the panel. (2) The Governor in Council may remove a member from a panel if the member is— (a) incapable of properly performing the functions of an assessor; or (b) unfit to be a member of a panel. Example of circumstances when member may be unfit to be a member of a panel— A member of a professional panel of assessors may be considered to be unfit to hold office as a member if disciplinary action is taken against the member under this Act or the National Law. Part 3 Complaints Division 1 Preliminary 46 Purposes of pt 3 The purposes of this part include— (a) to provide for complaints to be made to boards about registrants; and (b) to state how complaints must be made; and (c) to state how complaints must be dealt with under this Act. Page 42 Current as at 1 July 2013
Division 2 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 47] Making a complaint 47 Who may make complaint about registrant A complaint about a registrant may be made by any entity, including, for example— (a) the user of a service provided by the registrant; or (b) an entity acting on behalf of the user of a service provided by the registrant; or (c) another registrant; or (d) the chief executive; or (e) the Minister; or (f) a foreign regulatory authority. 48 Grounds for complaint (1) An entity may complain about a registrant by complaining to the registrant’s board about any aspect of the registrant’s conduct or practice, or another matter relating to the registrant, that appears to provide a ground for disciplinary action against the registrant. (2) Also, a complaint may be made about a matter for which a health service complaint could be made under the Health Quality and Complaints Commission Act 2006 . 49 How complaint is made A complaint about a registrant to a board must be in writing and contain particulars of the allegation on which it is founded. Editor’s note — Section 63 allows a board to investigate a registrant other than on a written complaint. Current as at 1 July 2013 Page 43
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 50] 50 Entity making complaint to reveal identity (1) An entity making a complaint about a registrant must give the registrant’s board— (a) the entity’s name and address; and (b) any other information relating to the entity’s identity that the board reasonably requires. (2) However, the board may accept a complaint from a complainant who does not comply with subsection (1) if the board reasonably believes it is in the public interest to do so. (3) If the board accepts a complaint under subsection (2), the board must provide the registrant with written notice of its reasons for accepting the complaint. Division 3 How complaints are dealt with Subdivision 1 Complaints by users of registrant’s services or entity acting on behalf of user 51 Action by board on receipt of complaint (1) This section applies if a registrant’s board receives a complaint about the registrant from a user of a service provided by the registrant or an entity acting on behalf of the user. (2) The board must refer it to the commission unless— (a) following consultation between the board and the commission, the board and the commission agree it is in the public interest for the board to do 1 of the following— (i) keep the complaint for investigation under the investigation part; Page 44 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 51] (ii) keep the complaint and start disciplinary proceedings under the disciplinary proceedings part; (iii) keep the complaint and deal with it under the impairment part; (iv) keep the complaint and deal with it under the inspection part or the health practitioner registration Act under which the board is established and, if appropriate, start proceedings to prosecute the registrant under this Act or the health practitioner registration Act; (v) refer the complaint to another entity that has the function or power under an Act of the State, the Commonwealth or another State to deal with the matter; or (aa) the board rejects the complaint under section 54(1AA); or (b) the board keeps the complaint under a standing arrangement entered into between the board and the commission and deals with it in a way mentioned in paragraph (a); or (c) the board, under the immediate suspension part, suspends, or imposes conditions on, the registrant’s registration; or (d) the complaint is about a matter that happened before 1 July 1991 and the complainant was aware of the matter before 1 July 1991. Example for subsection (2)(b)— A board and the commission may have a standing arrangement that all complaints about the board’s registrants alleging sexual impropriety are to be kept by the board for investigation under the investigation part. (3) If the board keeps the complaint under subsection (2)(a)(ii), the board must refer the disciplinary matter the subject of complaint under section 126 for hearing by the tribunal if the board and the commission reasonably believe the complaint Current as at 1 July 2013 Page 45
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 52] may provide a ground for suspending or cancelling the registrant’s registration. (4) For subsection (2)(a)(iii), the board and the commission may agree it is in the public interest for the board to keep the complaint and take action under the impairment part only if the board and the commission reasonably believe the complaint does not provide a ground for suspending or cancelling the registrant’s registration. (5) If the board keeps a complaint and deals with it under subsection (2)(a)(i), (ii), (iii) or (iv), the board may decide to also refer the complaint to another entity under subsection (2)(a)(v). (6) The consultation between the board and the commission may be in the form agreed between the board and the commission. (7) As soon as practicable after agreeing not to refer a complaint to the commission under subsection (2), the board must give a copy of the complaint to the commission. (8) If the board keeps a complaint under subsection (2)(a) or (b) for stated action, the board must take the stated action as soon as practicable. (9) If the board is required to refer the complaint to the commission under subsection (2), the board must do so immediately. 52 Referral of complaint to commission (1) This section applies if a board refers a complaint to the commission under section 51. (2) The complaint is taken to be a health service complaint made to the commission under the Health Quality and Complaints Commission Act 2006 . (3) The board must not take any further action on the complaint unless the commission refers the complaint back to the board under the Health Quality and Complaints Commission Act 2006 . Page 46 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 53] (4) The board may give the commission information, comments and recommendations relating to the complaint and the registrant against whom the complaint was made, including, for example, the registrant’s name and address. Subdivision 2 Complaints made or referred to board by other entities and complaints commission not authorised to receive 53 Action by board on receipt of complaint made or referred by another entity, or complaint commission not authorised to receive (1) This section applies if— (a) a registrant’s board receives a complaint about the registrant from an entity, other than a user of a service provided by the registrant or an entity acting on behalf of the user; or (b) a complaint about a registrant is referred to the registrant’s board by the commission under the Health Quality and Complaints Commission Act 2006 ; or (c) a registrant’s board receives a complaint about the registrant and— (i) the complaint is about a matter that happened before 1 July 1991; and (ii) the complainant was aware of the matter before 1 July 1991. (2) After considering the complaint, the board must decide to do 1 of the following— (a) under the immediate suspension part, to suspend, or impose conditions on, the registrant’s registration; (b) investigate the complaint under the investigation part; Current as at 1 July 2013 Page 47
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 53] (c) start disciplinary proceedings under the disciplinary proceedings part; (d) deal with it under the impairment part; (e) deal with the complaint under the inspection part or the health practitioner registration Act under which the board is established and, if appropriate, start proceedings to prosecute the registrant under this Act or the health practitioner registration Act; (f) refer the complaint to another entity that has the function or power under an Act of the State, the Commonwealth or another State to deal with the matter; (g) reject the complaint under section 54. (3) If the board decides to act under subsection (2)(c), the board must refer the disciplinary matter the subject of the complaint under section 126 for hearing by the tribunal if the board reasonably believes the complaint may provide a ground for suspending or cancelling the registrant’s registration. (4) Also, the board may deal with the complaint under the impairment part only if the board reasonably believes the complaint does not provide a ground for suspending or cancelling the registrant’s registration. (5) If the board takes action about a complaint under subsection (2)(a), (b), (c), (d) or (e), the board may decide to also refer the complaint to another entity under subsection (2)(f). (6) As soon as practicable after receiving a complaint under this section, other than a complaint referred to the board by the commission, the board must give a copy of the complaint to the commission. Page 48 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 54] Subdivision 2A Rejection of complaints 54 When complaint may be rejected (1AA) A board may decide to reject a complaint mentioned in section 51 if the board and the commission agree to reject the complaint for a reason mentioned in subsection (1)(a) to (e). (1) A board may decide to reject a complaint mentioned in section 53 if— (a) having regard to the amount of time that has elapsed since the matter complained of happened, it is not practicable for the board to investigate or otherwise deal with it under this Act; or (b) the board reasonably believes the complaint is frivolous, vexatious or trivial; or (c) the subject matter of the complaint has already been dealt with adequately by the board or another appropriate entity; or (d) the complainant fails, without reasonable excuse, to— (i) disclose the complainant’s name and address under section 50(1)(a); or (ii) provide further information about the complaint within the time stated in a notice given by the board under section 56(1); or (iii) verify the complaint or further information by statutory declaration when required to do so by the board under section 56(2); or (e) the person to whom the complaint relates was, but is not at the time the complaint is received by the board, a registrant. (2) However, the board must not decide to reject a complaint about a registrant for a reason mentioned in subsection (1)(a) if the board reasonably believes the complaint may provide a ground for suspending or cancelling the registrant’s registration. Current as at 1 July 2013 Page 49
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 55] (3) A decision by the board to reject a complaint about a registrant does not prevent a disciplinary body taking the complaint into consideration at a later time as part of a pattern of conduct or practice by the registrant that may result in disciplinary action. Editor’s note — See section 125(2)(b) which provides that a board may start disciplinary proceedings against a registrant on the basis of a number of complaints including, for example, a number of complaints that suggest a pattern of conduct or practice. 55 Notice to be given if complaint rejected (1) If a board decides to reject a complaint under section 54, the board must, as soon as practicable after making its decision, give written notice of its decision— (a) to the complainant; and (b) to the registrant; and (c) to the commission. (2) The notice must— (a) for the registrant’s notice—state the nature of the complaint; and (b) state the reasons for the board’s decision. (3) However, the board need not give the registrant the notice if the board reasonably believes doing so may— (a) place at risk the wellbeing of vulnerable persons; or (b) place the complainant or another person at risk of harassment or intimidation. Page 50 Current as at 1 July 2013
Subdivision 3 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 3 Complaints [s 56] Other matters about complaints 56 Board may require further information or statutory declaration (1) A board may, by written notice, ask a complainant to give it more information about the complaint within the reasonable time stated in the notice. (2) Also, a board may require a complainant to verify the complaint or further information given to it by the complainant, by statutory declaration. (3) This section does not apply to a complaint that the board must under section 51, refer to the commission, unless the complaint is referred back to the board by the commission. 57 Withdrawal of complaint (1) This section applies if a complainant withdraws a complaint about a registrant— (a) made to the registrant’s board; or (b) referred to the registrant’s board by the commission. (2) The board need not take any further action about the complaint. (3) However, the withdrawal does not prevent the board— (a) investigating or continuing to investigate, the matter of the complaint; or (b) starting or continuing disciplinary proceedings relating to the matter of the complaint; or (c) dealing, or continuing to deal with, the matter of the complaint under the impairment part. (4) In deciding whether to act as mentioned in subsection (2), the board must have regard to the objects of this Act and the grounds for disciplinary action. Current as at 1 July 2013 Page 51
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 4 Immediate suspension of registrants or imposition of conditions on their registration [s 58] Part 4 Immediate suspension of registrants or imposition of conditions on their registration 58 Purpose of pt 4 The purpose of this part is to give boards the power to effectively respond to serious potential risks posed by registrants to the wellbeing of vulnerable persons. 59 Immediate suspension or imposition of conditions on registration (1) This section applies if a registrant’s board reasonably believes at any time, whether on the basis of a complaint or otherwise, that— (a) the registrant poses a serious potential risk to the wellbeing of vulnerable persons; and (b) immediate action to suspend, or impose conditions on, the registrant’s registration is necessary to protect the vulnerable persons. (2) The board may decide to suspend, or impose conditions on, the registrant’s registration. (3) However, in making its decision under subsection (2), the board must take the action the board considers is the least onerous necessary to protect the vulnerable persons. (4) Immediately after deciding to suspend, or impose conditions on, a registrant’s registration, the board must give written notice to the registrant and commission and— (a) investigate the matter under the investigation part; or (b) refer it under section 126 to the tribunal for hearing under the disciplinary proceedings part. (5) The notice must state— (a) the board’s decision; and Page 52 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 4 Immediate suspension of registrants or imposition of conditions on their registration [s 59] (b) the reasons for the decision; and (c) whether the matter— (i) will be investigated under the investigation part; or (ii) will be referred under section 126 for hearing by the tribunal under the disciplinary proceedings part; and (d) that the registrant may apply to the tribunal for review of the decision to suspend, or impose conditions on, the registrant’s registration; and (e) how, and the period within which, the registrant may apply for the review of the decision. (6) The decision takes effect on the later of— (a) the day the notice is given to the registrant; or (b) the day of effect stated in the notice. (7) The decision continues to have effect until the first of the following happens— (a) the decision is set aside by the tribunal on review; (b) if the matter is referred under subsection (4)(b) for hearing by the tribunal under the disciplinary proceedings part—the tribunal decides the matter; (c) if the matter is investigated under the investigation part and is referred under section 126 for hearing by the tribunal under the disciplinary proceedings part—the tribunal decides the matter; (d) if the matter is investigated under the investigation part and at the end of the investigation the board decides to end the suspension or remove the conditions—the board makes the decision. Current as at 1 July 2013 Page 53
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 60] 60 Suspension or conditions to be recorded in board’s register (1) This section applies if the board decides under section 59(2) to suspend or impose conditions on the registrant’s registration. (2) As soon as practicable after suspending, or imposing conditions on, the registration, the board must record in its register, for the period for which the suspension or conditions are in force— (a) for a decision to suspend the registrant’s registration—that the registrant’s registration has been suspended; and (b) for a decision to impose conditions on the registrant’s registration— (i) that conditions have been imposed on the registrant’s registration; and (ii) details of the conditions imposed. Part 5 Investigations Division 1 Preliminary 61 Purposes of pt 5 The purposes of this part are— (a) to state when an investigation must or may be conducted; and (b) to allow a board to start an investigation without first receiving a complaint; and (c) to state a board’s investigative powers; and Page 54 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 62] (d) to state the actions that must be taken at the end of an investigation. Division 2 General provisions about investigation 62 When investigation of registrant must be conducted A registrant’s board must investigate the registrant if— (a) the Minister under section 13 directs the board to conduct the investigation; or (b) the board and commission agree under section 51(2)(a) or (b) that a complaint about the registrant is to be investigated by the board; or (c) the board decides under section 53 to investigate a complaint about the registrant under this part; or (d) the board suspends, or imposes conditions on, the registrant’s registration under the immediate suspension part and decides to investigate the matter under this part; or (e) the board decides, under section 272(2)(b), 276(2)(b), 289(1)(b) or 299(2)(d) to conduct an investigation under this part. 63 When investigation of registrant may be conducted on board’s initiative (1) A registrant’s board may investigate the registrant if it reasonably believes that an aspect of the registrant’s conduct or practice, or another matter relating to the registrant, may provide a ground for disciplinary action against the registrant. (2) Subsection (1) applies whether or not the board has received a complaint under the complaints part about the aspect of the registrant’s conduct, practice or other matter. Current as at 1 July 2013 Page 55
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 64] (3) However, the board must not investigate the registrant because it believes the registrant is impaired if it is dealing with the registrant under the impairment part. (4) Subsection (3) does not prevent the board investigating the registrant about a matter other than the impairment. 64 Who may investigate (1) For investigating a registrant, the board may— (a) establish an investigation committee, that consists of some or all of the board’s members, to conduct the investigation; or (b) direct an investigator to conduct the investigation. (2) Before establishing a committee or directing an investigator to conduct an investigation, the board must be satisfied the committee members or investigator does not have a personal or professional connection with the registrant to whom the investigation relates that may prejudice the way in which the members or investigator conduct the investigation. 65 Investigation must be conducted as quickly as possible (1) The board must ensure an investigation committee it establishes, or an investigator it directs to conduct an investigation, conducts the investigation as quickly as possible having regard to the nature of the matter to be investigated. (2) Without limiting subsection (1), the board must have particular regard to conducting the investigation quickly if— (a) it relates to a complaint made by, or on behalf of, a person who is seriously ill; or (b) the board has suspended, or imposed conditions, on the registrant’s registration, under the immediate suspension part. Page 56 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 66] 66 Registrant to be given notice of investigation (1) As soon as practicable after establishing the investigation committee or directing an investigator to conduct an investigation, the board must give the registrant written notice about the investigation. (2) The notice must state the following— (a) the nature of the complaint, if the investigation relates to a complaint; (b) the grounds forming the basis for the investigation, if the board is acting on its own initiative under section 63; (c) whether the investigation is being conducted by an investigation committee or an investigator; (d) that the registrant may make a submission to the committee or investigator about the complaint or other grounds for the investigation and how a submission may be made; (e) if the submission may be an oral submission—a time and place, not less than 14 days after the day the notice is given, for the registrant to attend before the committee or investigator to make the submission; (f) if the submission may be a written submission—a stated day, not less than 14 days after the notice is given, by which the submission, if any, must be given to the committee or investigator. (3) However, the board need not give the registrant the notice if the board reasonably believes doing so may— (a) seriously prejudice the investigation; or (b) place at risk the wellbeing of vulnerable persons; or (c) place the complainant or another person at risk of harassment or intimidation. Current as at 1 July 2013 Page 57
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 67] 67 Registrant may make submissions A registrant given a notice under section 66 may make a submission to the investigation committee or investigator at the time and in the way stated in the notice. Division 3 Investigation committees 68 Function of investigation committee An investigation committee has the function of conducting the investigation for which the committee is established. 69 Powers of investigation committee For conducting an investigation, an investigation committee has the powers given to it under this Act. Division 4 Investigators 70 Function of investigator An investigator has the function of conducting the investigation the investigator is directed to conduct by a board. 71 Powers of investigator For conducting an investigation, an investigator has the powers given to the person under this Act. 72 Limitation on powers of investigator The powers of an investigator may be limited— (a) under a condition of the investigator’s appointment; or (b) under the board’s direction given to the investigator by the board to conduct the investigation. Page 58 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 73] 73 Who may be appointed as investigator A board may appoint any of the following as an investigator— (a) a member of the board; (b) the executive officer; (c) if the executive officer agrees—a member of the office’s staff the board considers has the necessary expertise or experience to be an investigator; (d) another person the board considers has the necessary expertise or experience to be an investigator. 74 Investigator’s appointment conditions (1) An investigator holds office on the conditions stated in the instrument of appointment. (2) If an investigator’s appointment provides for a term of appointment, the investigator ceases holding office at the end of the term. (3) An investigator may resign by signed notice of resignation given to the board. 75 Investigator’s identity card (1) The board must give an identity card to each investigator it appoints. (2) The identity card must— (a) contain a recent photograph of the investigator; and (b) be signed by the investigator; and (c) identify the person as an investigator appointed by a board for this Act; and (d) include an expiry date. (3) This section does not prevent the issue of a single identity card to a person— Current as at 1 July 2013 Page 59
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 76] (a) if the person is appointed as an investigator for this Act by more than 1 board; or (b) for this Act and other Acts. 76 Failure to return identify card A person who ceases to be an investigator must give the person’s identity card to the executive officer within 7 days after the person ceases to be an investigator, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. 77 Display of investigator’s identity card (1) An investigator may exercise a power in relation to someone else (the other person ) only if the investigator— (a) first produces the investigator’s identity card for the other person’s inspection; or (b) has the identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the investigator must produce the identity card for the other person’s inspection at the first reasonable opportunity. Division 5 Investigation powers Subdivision 1 Power to obtain information 78 Power to require information or attendance For conducting an investigation, an investigation committee or investigator may, by written notice given to a person, require the person— Page 60 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 79] (a) to give stated information to the committee or investigator within a stated reasonable time and in a stated reasonable way; or (b) to attend before the committee or investigator at a stated reasonable time and place— (i) to answer questions; or (ii) to produce a stated thing. 79 Offences (1) A person required to give stated information to an investigation committee or investigator under section 78 must not fail, without reasonable excuse, to give the information as required by the notice. Maximum penalty—50 penalty units. (2) A person given a notice to attend before an investigation committee or investigator must not fail, without reasonable excuse, to— (a) attend as required by the notice; or (b) continue to attend as required by the committee or investigator until excused from further attendance; or (c) answer a question the person is required to answer by the committee or investigator; or (d) produce a thing the person is required to produce by the notice. Maximum penalty for subsection (2)—50 penalty units. 80 Self-incrimination For section 79, it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a stated thing, if giving the information, answering the question or producing the thing might tend to incriminate the individual. Current as at 1 July 2013 Page 61
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 81] 81 Inspection of produced things (1) If a thing is produced to an investigation committee or investigator, whether under a notice under section 78 or otherwise, the committee or investigator may inspect it. (2) The investigation committee or investigator may do all or any of the following if the committee or investigator reasonably considers the thing may be relevant to the investigation being conducted by the committee or investigator— (a) photograph the thing; (b) for a document—make a copy of, or take an extract from, it; (c) keep the thing while it is necessary for the investigation. (3) If the committee or investigator keeps the thing, the committee or investigator must permit a person otherwise entitled to possession of the thing to— (a) for a document—inspect, make a copy of, or take an extract from, the document, at the reasonable time and place the committee or investigator decides; and (b) for another thing—inspect or photograph the thing, at the reasonable time and place the committee or investigator decides. Subdivision 2 Entry of places by investigator 82 Power to enter places (1) An investigator may enter a place for investigating a registrant under this Act if— (a) its occupier consents to the entry; or (b) it is a public place and the entry is made when it is open to the public; or (c) the entry is authorised by a warrant. Page 62 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 83] (2) For the purpose of asking the occupier of a place for consent to enter, an investigator may, without the occupier’s consent or a warrant— (a) enter land around the premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. Subdivision 3 Procedure for entry by investigator 83 Consent to entry (1) This section applies if an investigator intends to ask an occupier of a place to consent to the investigator entering the place under section 82(1)(a). (2) Before asking for the consent, the investigator must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent. (4) The acknowledgement must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the investigator consent to enter the place and exercise powers under this division; and (d) the time and date the consent was given. (5) If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier. Current as at 1 July 2013 Page 63
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 84] (6) A court or disciplinary body must find the occupier of a place did not consent to an investigator entering the place under this division if— (a) an issue arises in a proceeding before the court or disciplinary body whether the occupier of the place consented to the entry under section 82(1)(a); and (b) an acknowledgement is not produced in evidence for the entry; and (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. 84 Application for warrant (1) An investigator may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration. 85 Issue of warrant (1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence ) that may provide evidence about a disciplinary matter being investigated by the investigator; and (b) the evidence is at the place, or may be at the place within the next 7 days. (2) The warrant must state— Page 64 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 86] (a) that a stated investigator may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the investigator’s powers under this division; and (b) the disciplinary matter for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 14 days after the warrant’s issue, the warrant ends. 86 Special warrants (1) An investigator may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the investigator considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the investigator’s remote location. (2) Before applying for the special warrant, the investigator must prepare an application stating the grounds on which the warrant is sought. (3) The investigator may apply for the special warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy (the facsimile warrant ) to the investigator if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the investigator— (a) the magistrate must tell the investigator— Current as at 1 July 2013 Page 65
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 86] (i) what the terms of the special warrant are; and (ii) the date and time the special warrant was issued; and (b) the investigator must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant. (6) The facsimile warrant, or the warrant form properly completed by the investigator, authorises the entry and the exercise of the other powers stated in the special warrant issued by the magistrate. (7) The investigator must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the investigator completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the special warrant. (9) A court or disciplinary body must find the exercise of the power by an investigator was not authorised by a special warrant if— (a) an issue arises in a proceeding before the court or disciplinary body whether the exercise of the power was authorised by a special warrant; and (b) the special warrant is not produced in evidence; and (c) it is not proved by the person relying on the lawfulness of the entry that the investigator obtained the special warrant. Page 66 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 87] 87 Warrants—procedure before entry (1) This section applies if an investigator named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant. (2) Before entering the place, the investigator must do or make a reasonable attempt to do the following things— (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment; (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 86(6), a copy of the facsimile warrant or warrant form; (c) tell the person the investigator is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the investigator immediate entry to the place without using force. (3) However, the investigator need not comply with subsection (2) if the investigator reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Subdivision 4 Powers of investigator after entry 88 General powers after entering places (1) This section applies to an investigator who enters a place. (2) However, if an investigator enters a place to get the occupier’s consent to enter a place, this section applies to the investigator only if the consent is given or the entry is otherwise authorised. (3) For conducting an investigation under this Act, the investigator may do all or any of the following— Current as at 1 July 2013 Page 67
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 89] (a) search any part of the place; (b) inspect, measure, test, photograph or film any part of the place or anything at the place; (c) take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing; (d) copy, or take an extract from, a document, at the place; (e) take into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this division; (f) require the occupier of the place, or a person at the place, to give the investigator reasonable help to exercise the investigator’s powers under paragraphs (a) to (e); (g) require the occupier of the place, or a person at the place, to give the investigator information to help the investigator in conducting the investigation. (4) When making a requirement mentioned in subsection (3)(f) or (g), the investigator must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 89 Failure to help investigator (1) A person required to give reasonable help under section 88(3)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) If an individual is required under section 88(3)(f) to give information or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual. Page 68 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 90] 90 Failure to give information (1) A person of whom a requirement is made under section 88(3)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual. Subdivision 5 Power of investigator to seize evidence 91 Seizing evidence at public place if entry made when place open An investigator, who enters a public place when the place is open to the public, may seize a thing at the place if the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator. 92 Seizing evidence at place entered with consent or warrant (1) This section applies if— (a) an investigator is authorised to enter a place under this division only with the consent of the occupier or a warrant; and (b) the investigator enters the place after obtaining the necessary consent or warrant. (2) If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place if— (a) the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and Current as at 1 July 2013 Page 69
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 93] (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. (3) If the investigator enters the place with a warrant, the investigator may seize the evidence for which the warrant was issued. (4) The investigator may also seize anything else at the place if the investigator reasonably believes— (a) the thing is evidence that is relevant to the investigation; and (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed. 93 Securing seized things Having seized a thing, an investigator may— (a) move the thing from the place where it was seized (the place of seizure ); or (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing — 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted 94 Tampering with seized things If an investigator restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without the investigator’s approval. Maximum penalty—50 penalty units. Page 70 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 95] 95 Powers to support seizure (1) To enable a thing to be seized, an investigator may require the person in control of it— (a) to take it to a stated reasonable place by a stated reasonable time; and (b) if necessary, to remain in control of it at the stated place for a reasonable time. (2) The requirement— (a) must be made by written notice; or (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by written notice as soon as practicable. (3) A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement. (4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (4)—50 penalty units. 96 Receipt for seized things (1) As soon as practicable after an investigator seizes a thing, the investigator must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the investigator must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way. (3) The receipt must describe generally the thing seized and its condition. (4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing’s nature, condition and value. Current as at 1 July 2013 Page 71
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 97] 97 Forfeiture of seized things (1) A seized thing is forfeited to the State if the investigator who seized the thing— (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts. (2) In applying subsection (1)— (a) subsection (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and (b) subsection (1)(b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example for subsection (2)(b) — The owner of the thing has migrated to a foreign country. (3) Regard must be had to a thing’s nature, condition and value in deciding— (a) whether it is reasonable to make inquiries or efforts; and (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable. 98 Dealing with forfeited things etc. (1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the executive officer as the executive officer considers appropriate. (2) Without limiting subsection (1), the executive officer may destroy or dispose of the thing. Page 72 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 99] 99 Return of seized things (1) If a seized thing has not been forfeited, the investigator must return it to its owner— (a) at the end of 6 months; or (b) if proceedings involving the thing are started within 6 months—at the end of the proceedings and any appeal from the proceedings. (2) Despite subsection (1), unless the thing has been forfeited, the investigator must immediately return a thing seized as evidence to its owner if the investigator stops being satisfied its continued retention as evidence is necessary. 100 Access to seized things (1) Until a seized thing is forfeited or returned, an investigator must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. Subdivision 6 General enforcement matters 101 Notice of damage (1) This section applies if— (a) an investigator damages property when exercising or purporting to exercise a power; or (b) a person (the other person ) acting under the direction of an investigator damages property. (2) The investigator must promptly give written notice of particulars of the damage to the person who appears to the investigator to be the owner of the property. (3) If the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the Current as at 1 July 2013 Page 73
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 102] investigator’s or other person’s control, the investigator may state the belief in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the investigator reasonably believes is trivial. (6) In subsection (2)— owner , of property, includes the person in possession or control of it. 102 Compensation (1) A person may claim compensation from the board for whom the investigator is conducting the investigation if the person incurs loss or expense because of the exercise or purported exercise of a power under subdivision 2, 4 or 5. (2) Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision. (3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed. (4) A court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case. 103 False or misleading information A person must not state anything to an investigation committee or investigator that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. Page 74 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 104] 104 False or misleading documents (1) A person must not give to an investigation committee or investigator a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the investigation committee or investigator, to the best of the person’s ability, how it is false or misleading; and (b) gives the correct information to the committee or investigator if the person has, or can reasonably obtain, the correct information. 105 Obstructing investigators (1) A person must not obstruct an investigator in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (2) If a person has obstructed an investigator and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that— (a) it is an offence to obstruct the investigator, unless the person has a reasonable excuse; and (b) the investigator considers the person’s conduct is an obstruction. (3) In this section— obstruct includes hinder and attempt to obstruct or hinder. 106 Impersonation of investigators A person must not pretend to be an investigator. Maximum penalty—50 penalty units. Current as at 1 July 2013 Page 75
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 107] Subdivision 7 Health assessments and expert assistance 107 Board may require health assessment (1) This section applies if— (a) a registrant’s board is conducting an investigation of the registrant; and (b) the board reasonably believes it is necessary for the registrant to undergo a health assessment because— (i) there may be a ground for disciplinary action to be taken against the registrant; and (ii) the nature of the ground makes it reasonable to require the registrant to undergo a health assessment. (2) The board may, by written notice given to the registrant, require the registrant to undergo a health assessment at a reasonable time and place. (3) The notice must state— (a) the reasons for the health assessment; and (b) the name and qualifications of the person appointed by the board to conduct the assessment; and (c) the place where, and the day and time at which, the assessment is to be conducted. (4) The registrant must not fail, without reasonable excuse— (a) to attend as required by the notice; and (b) to continue to attend as required by the person conducting the health assessment until excused from further attendance; and (c) to cooperate with the person in the conduct of the health assessment. Maximum penalty for subsection (4)—50 penalty units. Page 76 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 108] 108 Appointment of appropriately qualified person to conduct health assessment (1) This section applies if a registrant’s board believes it is necessary for a registrant to undergo a health assessment. (2) The board may appoint 1 or more appropriately qualified persons to conduct the assessment, in whole or part. (3) At least 1 of the persons appointed to conduct the assessment must be a medical practitioner. (4) Before appointing a person to conduct a health assessment, the board must be satisfied the person does not have a personal or professional connection with the registrant to whom the assessment relates that may prejudice the way in which the person conducts the assessment. (5) In subsection (2)— appropriately qualified , for a medical practitioner or other person conducting a health assessment, includes having the qualifications, experience, skills or knowledge appropriate to conduct the health assessment. 109 Report about health assessment (1) A person appointed under section 108 to conduct all or part of a health assessment of a registrant must prepare a report about the assessment (an assessment report ). (2) The assessment report must include— (a) the person’s findings as to whether the registrant is impaired; and (b) if the person finds the registrant is impaired— (i) the nature and extent of the registrant’s impairment; and (ii) the person’s recommendations as to any action that needs to be taken in relation to the registrant to protect the wellbeing of vulnerable persons. (3) The person must— Current as at 1 July 2013 Page 77
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 109] (a) give the assessment report to the board who appointed the person; and (b) give a copy of the assessment report to the registrant or, if it appears to the person that giving a copy of the report to the registrant may be prejudicial to the physical or psychological health or wellbeing of the registrant, a medical practitioner nominated by the registrant; and (c) if the copy of the assessment report is given to a medical practitioner under paragraph (b), give the registrant written notice that the copy has been given to the medical practitioner. (4) The registrant may nominate a medical practitioner under subsection (3)(b) only if the medical practitioner has agreed to be nominated. (5) If a registrant does not nominate a medical practitioner under subsection (3)(b), the person who conducted the assessment may— (a) refuse to give a copy of the assessment report to the registrant; or (b) give the registrant a summary only of the findings in the report. (6) A medical practitioner who has been given a copy of an assessment report under subsection (3)(b) must, within 14 days after receiving the report— (a) give the registrant the information from the report that the medical practitioner reasonably considers appropriate in the circumstances; or (b) decide that, in the circumstances, it is not appropriate to give the registrant any information from the report. (7) As soon as practicable after the medical practitioner gives the registrant information from the report or decides not to give the registrant any information, the medical practitioner must, by written notice given to the board, advise the board— (a) whether or not the information was given to the registrant; and Page 78 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 110] (b) if information was given to the registrant— (i) what information was given; and (ii) when the information was given. 110 Registrant may make submissions about assessment report (1) A registrant given a copy of an assessment report or a summary under section 109 may, within 14 days after receiving the copy or summary, make a written submission relating to the report or summary to the board. (2) A registrant given information by a medical practitioner under section 109(6) may, within 14 days after receiving the information, make a written submission about the information to the board. (3) Also, the registrant may give to the board a copy of a report about any other recent and relevant health assessment the registrant has undergone. (4) If the registrant gives a copy of a report to the board under subsection (3), the copy must be a complete copy of the report. 111 Expert assistance (1) For investigating a registrant, the registrant’s board may obtain a written report (an expert’s report ) from a person who it reasonably considers is sufficiently qualified or experienced to give expert advice on the matter the subject of the investigation. (2) Before acting under subsection (1), the board must be satisfied the person does not have a personal or professional connection with the registrant that may prejudice the way in which the person gives the advice. (3) Despite subsection (2), the board may obtain an expert’s report from a person without being satisfied the person does not have a personal or professional connection to the Current as at 1 July 2013 Page 79
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 112] registrant if the board does not identify the registrant to the person. 112 Use of assessment and expert’s report (1) An assessment report or expert’s report is not admissible in any proceedings, other than proceedings under this Act. (2) A person can not be compelled to produce the report, or to give evidence relating to the report or its contents, in any proceedings, other than proceedings under this Act. (3) Subsections (1) and (2) do not apply if the report is admitted or produced, or evidence relating to the report or its contents is given, with the consent of the person who prepared the report and the registrant to which the report relates. (4) In this section— assessment report or expert’s report includes a copy of the report, or a part of the report or copy. proceedings under this Act includes a health assessment by a health assessment committee but does not include proceedings for an offence against this Act. 113 Payment for health assessments and reports A person who conducts a health assessment and prepares an assessment report, or prepares an expert’s report, for a board is entitled to be paid for his or her work by the board. Division 6 Action following investigation 114 Preliminary report prepared by investigation committee or investigator (1) An investigation committee established, or investigator directed, by a board under section 64 to conduct an investigation must, as soon as practicable after completing the Page 80 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 115] investigation, give to the board a report (a preliminary report ) about the investigation. (2) However, if an investigation committee consists of all the members of the board, the committee need not comply with subsection (1). 115 Board to prepare report on completion of investigation (1) This section applies if— (a) a board is, under section 114, given a preliminary report about an investigation; or (b) an investigation committee established by a board consists of all the members of the board and the committee has completed its investigation. (2) The board must prepare a report about the investigation as soon as practicable after receiving the preliminary report or completing the investigation. (3) In preparing the report, the board must have regard to the actions the board must take under section 118. (4) The report must include— (a) the board’s findings about the investigation including, if the investigation was the result of a complaint, the board’s findings about the complaint; and (b) the action proposed to be taken by the board about the complaint or other matter the subject of the investigation. (5) For subsection (2), the board may adopt a report mentioned in subsection (1)(a), with or without changes, as its report. 116 Board to keep commission informed about investigation (1) This section applies if a board establishes an investigation committee, or directs an investigator, to investigate a complaint or other matter about a registrant. Current as at 1 July 2013 Page 81
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 116] (2) While the investigation is being conducted, the board must give to the commission the reasonable reports asked for by the commission about the investigation. (3) As soon as practicable after the board prepares its report about the investigation under section 115(2), it must give the commission a report about the investigation. (4) The report must include— (a) the board’s findings about the investigation, including, if the investigation was the result of a complaint, the board’s findings about the complaint; and (b) the action proposed to be taken by the board about the complaint or other matter the subject of the investigation. (5) The commission may give the board comments about a report given to the commission under subsection (2) or (3) within— (a) 14 days after receiving the report; or (b) a longer period agreed to by the board. (6) After giving the commission a report under subsection (3), the board must not take any action under section 118 about the complaint or other matter until 1 of the following happens— (a) the board receives the commission’s comments about the report and considers the comments; (b) the commission advises the board that the commission does not intend to give the board comments about the report; (c) the period mentioned in subsection (5) for the commission to give comments about the report to the board ends. (7) In this section— comments , of the commission, include recommendations and other information. Page 82 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 117] 117 Commission may report to Minister (1) The commission may, at any time, give the Minister a report about investigations conducted by boards or a particular investigation. (2) The commission must not include in the report comment adverse to an entity identifiable from the report unless the entity has been given a reasonable opportunity to— (a) make submissions to the commission about the comment; and (b) give a written statement to the commission about the comment. (3) If the entity that provides a written statement under subsection (2)(b) asks that the statement be included in the report, the commission must include the statement, or a fair summary of the statement, in the report. 118 Decision on investigation (1) As soon as practicable after an event mentioned in section 116(6) happens, the board must— (a) if the investigation was the result of a decision by the board under section 59(2) and the board reasonably believes further action is necessary—refer the disciplinary matter under section 126 for hearing by the tribunal; or (b) if the investigation was the result of a decision by the board under section 59(2) and the board reasonably believes no further action is necessary—end the suspension or remove the conditions and take no further action; or (c) otherwise—decide to do 1 of the following— (i) refer the disciplinary matter under section 126 for hearing by the tribunal; Current as at 1 July 2013 Page 83
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 118] (ii) subject to a decision by the registrant under section 120(3)—refer the disciplinary matter under section 126 for hearing by a panel; (iii) subject to a decision by the registrant under section 120(3)—deal with the disciplinary matter by taking disciplinary proceedings itself, or establishing a disciplinary committee to conduct disciplinary proceedings, under the disciplinary proceedings part; (iv) enter into an undertaking with the registrant, with the registrant’s agreement, about the registrant’s professional conduct or practice; (v) deal with the disciplinary matter under the impairment part; (vi) take another action approved by the Minister that will achieve the objects of this Act; (vii) decide to take no further action about the disciplinary matter. (2) In deciding to take an action under subsection (1), the board must have regard to the objects of the Act mentioned in section 6 and, in particular, section 6(a). (3) If the board reasonably believes the subject matter of the investigation may provide a ground for suspending or cancelling the registrant’s registration, the board must decide under subsection (1)(c)(i) to refer the matter to the tribunal. (4) However, the board need not act under subsection (3) if it reasonably believes the matter will not be substantiated. (5) Also, regardless of what the board decides under subsection (1), it may also decide to do either or both of the following— (a) start proceedings to prosecute the registrant for an offence; (b) refer the matter to another entity that has the function or power under an Act of the State, the Commonwealth or another State to deal with the matter. Page 84 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 119] (6) If the board decides to enter into an undertaking with the registrant under subsection (1)(c)(iv), it must also decide whether details of the undertaking must be recorded in the board’s register for the period for which the undertaking is in force. (7) The board must decide to record the details of the undertaking in its register unless it reasonably believes it is not in the interests of users of the registrant’s services or the public to know the details. (8) A decision by the board to take no further action about the matter under subsection (1)(b) or (c)(vii) does not prevent the board taking the matter into consideration at a later time as part of a pattern of conduct or practice by the registrant that may result in disciplinary action. 119 Board to take action as soon as practicable (1) This section applies if a board decides to take action under section 118(1)(a), (b) or (c)(i), (iv), (v) or (vi) or (5) about a registrant. (2) The board must, as soon as practicable after making the decision, take the action. 120 Board must give notice about investigation to registrant and other persons (1) As soon as practicable after deciding what action to take under section 118(1) or (5), the board must give written notice about its decision to— (a) the registrant concerned; and (b) the complainant, if the investigation was the result of a complaint; and (c) the commission. (2) The notice must state— (a) the action the board has decided to take; and Current as at 1 July 2013 Page 85
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 5 Investigations [s 120] (b) for a decision to take action mentioned in section 118(1)(c)(ii) or (iii)— (i) that the registrant may, within 14 days after receiving the notice, elect to have the matter dealt with by the tribunal; and (ii) that if the matter is dealt with by the board or a disciplinary committee there is no right of appeal against the board’s or committee’s decision; and (c) for a decision to enter into an undertaking with the registrant— (i) the fact an undertaking has been entered into must be recorded in the board’s register for the period for which the undertaking is in force; and (ii) if details of the undertaking must be recorded in the register—the details that must be recorded in the register for the period for which the undertaking is in force; and (iii) if details of the undertaking are not to be recorded—the reason why the details are not to be recorded. (3) For subsection (2)(b), the registrant may elect to have the matter dealt with by the tribunal by, within 14 days after receiving the board’s notice, giving the board written notice of the election. (4) As soon as practicable after receiving notice under subsection (3), the board must refer the matter under section 126 for hearing by the tribunal. (5) If the board’s decision was to take action mentioned in section 118(1)(c)(ii) or (iii) and the registrant does not, within 14 days after receiving the board’s notice, elect to have the matter dealt with by the tribunal, the board must take the action decided as soon as practicable after the end of the 14 days. Page 86 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 121] 121 Undertaking to be recorded in board’s register (1) This section applies if the board made a decision under section 118(1)(c)(iv) to enter into an undertaking with a registrant. (2) As soon as practicable after entering into the undertaking, the board must record in its register, for the period for which the undertaking is in force— (a) the fact that an undertaking has been entered into with the registrant; and (b) if the board decided under section 118(6) to record details of the undertaking in its register—the details. Part 6 Disciplinary proceedings Division 1 Preliminary 122 Purposes of pt 6 The purposes of this part are— (a) to state the purposes of disciplinary proceedings and disciplinary action against registrants; and (b) to state the circumstances under which a board may start disciplinary proceedings; and (c) to state the grounds for disciplinary action against registrants; and (d) to provide for adjudication relating to disciplinary matters. Current as at 1 July 2013 Page 87
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 123] 123 Purposes of disciplinary proceedings and disciplinary action The purposes of disciplinary proceedings and disciplinary action against registrants are as follows— (a) to protect the public; (b) to uphold standards of practice within the health professions; (c) to maintain public confidence in the health professions. Division 2 Grounds for disciplinary action 124 Grounds for disciplinary action (1) Each of the following is a ground for disciplinary action against a registrant— (a) the registrant has behaved in a way that constitutes unsatisfactory professional conduct; (b) the registrant has failed to comply with a condition of practice imposed under this Act or the health practitioner registration Act under which the registrant is registered; (c) the registrant has failed to comply with an undertaking entered into under this Act; (d) the registrant has failed to comply with a lawful demand of a board, investigator, investigation committee, disciplinary committee, panel, health assessment committee, inspector or the tribunal or another entity authorised to make the demand under this Act or a health practitioner registration Act; (e) the registrant does not meet, or no longer meets, the criteria for registration under the health practitioner registration Act under which the registrant is registered; Page 88 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 125] (f) the registrant has failed to comply with a provision of this Act or the health practitioner registration Act under which the registrant is registered; (g) the registrant has been convicted of an offence against an Act of the State, the Commonwealth or another State related to the practise of the registrant’s profession, including, for example— (i) a health practitioner registration Act or this Act; or (ii) the Health Act 1937 ; or (iii) the Fair Trading Act 1989 ; or Note — An offence against the Fair Trading Act 1989 includes an offence against the Australian Consumer Law (Queensland) which forms part of that Act. (iv) the Health Insurance Act 1973 (Cwlth); (h) a finding has been made under the Health Insurance Act 1973 (Cwlth) that the registrant engaged in inappropriate practice within the meaning of that Act; (i) the registrant has been convicted of an indictable offence. (2) Also, if a registrant is impaired the registrant’s impairment is taken to be a ground for disciplinary action against the registrant. Division 3 Starting disciplinary proceedings 125 When disciplinary proceedings may be started (1) A registrant’s board may start disciplinary proceedings against the registrant if it reasonably believes a disciplinary matter exists in relation to the registrant. (2) Without limiting subsection (1), a registrant’s board may start disciplinary proceedings against the registrant on the basis of— Current as at 1 July 2013 Page 89
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 126] (a) a single complaint received about the registrant; or (b) a number of complaints about the registrant, including, for example, a number of complaints suggesting a pattern of conduct or practice. (3) A registrant’s board may start disciplinary proceedings against the registrant without having conducted an investigation under the investigation part. (4) Also, a board may start disciplinary proceedings under subsection (1) on the basis of more than 1 disciplinary matter. 126 How disciplinary proceedings may be started (1) A registrant’s board may start disciplinary proceedings against the registrant by— (a) taking disciplinary proceedings itself or establishing a disciplinary committee to conduct the proceedings; or (b) referring the disciplinary matter for hearing by a panel or the tribunal. (2) Disciplinary proceedings are started by— (a) if the board is taking the proceedings itself or establishing a disciplinary committee to conduct the proceedings—the board or disciplinary committee giving a notice to the registrant and other relevant persons under section 131 or 153; or (b) if the board refers the disciplinary matter for hearing by a panel—the board filing a written notice (a referral notice ) with the secretary; or (c) if the board refers the disciplinary matter for hearing by the tribunal—the board filing a written notice (also a referral notice ) with the principal registrar. (3) A referral notice must state— (a) the name of— (i) the registrant; and Page 90 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 127] (ii) the complainant, if the disciplinary proceedings relate to a complaint; and (b) an address for service of documents on each of the following— (i) the registrant; (ii) the board; (iii) the complainant, if the disciplinary proceedings relate to a complaint; (iv) the commission; and (c) the ground for disciplinary action against the registrant; and (d) the facts and circumstances forming the basis for the ground; and (e) if, under section 120(3), 133(2) or 155(2), the registrant elected to have the disciplinary matter dealt with by the tribunal—that the matter is being referred to the tribunal at the election of the registrant. Division 4 Disciplinary proceedings conducted by board Subdivision 1 Boards’ jurisdiction to conduct disciplinary proceedings and form of proceedings 127 Boards’ jurisdiction to conduct disciplinary proceedings (1) A board has power to conduct disciplinary proceedings relating to disciplinary matters about its registrants. (2) A board may start or continue disciplinary proceedings relating to 1 of its registrants despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise. Current as at 1 July 2013 Page 91
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 128] 128 Form of disciplinary proceedings (1) A board may— (a) conduct disciplinary proceedings itself; or (b) establish a committee (a disciplinary committee ), consisting of some of the board’s members, to conduct the proceedings. (2) If the board establishes a disciplinary committee, it must appoint 1 of the committee members as chairperson of the committee. (3) Disciplinary proceedings conducted by a board or disciplinary committee may take the form of— (a) a hearing before the board or disciplinary committee; or (b) written correspondence between the board or disciplinary committee and the registrant. 129 Additional disciplinary matters (1) If, during disciplinary proceedings, it appears to the board or disciplinary committee that another disciplinary matter relating to the registrant exists in addition to the matter the subject of the proceedings, the board or committee may deal with it in the same proceedings. (2) If the board or disciplinary committee decides to deal with an additional disciplinary matter under subsection (1) the board or committee— (a) if the registrant agrees—may continue with the disciplinary proceedings or adjourn the proceedings for a particular period; or (b) otherwise—must adjourn the disciplinary proceedings for the period it considers fair in the circumstances before continuing with the proceedings. (3) Subsection (2) does not affect the power of the board or disciplinary committee under section 144(2). Page 92 Current as at 1 July 2013
Subdivision 2 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 130] Disciplinary proceedings in form of a hearing 130 Application of sdiv 2 This subdivision applies if disciplinary proceedings against a registrant by the registrant’s board, or a disciplinary committee established by the board, take the form of a hearing. 131 Notice of intention to conduct disciplinary proceedings by hearing (1) The board or disciplinary committee must give written notice (a hearing notice ) about its intention to conduct a hearing of a disciplinary matter relating to the registrant to the following persons— (a) the registrant; (b) the complainant, if the disciplinary proceedings relate to a complaint; (c) the commission. (2) The hearing notice must state the following— (a) the ground for the disciplinary action against the registrant; (b) the facts and circumstances forming the basis for the ground; (c) the time and place of the hearing; (d) that the registrant must attend the hearing; (e) that the complainant, if any, may attend the hearing, unless the board or disciplinary committee directs that the complainant must not attend before giving evidence; (f) that the registrant or complainant may be accompanied by a lawyer or another person; Current as at 1 July 2013 Page 93
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 132] (g) if the registrant was not given a notice under section 120— (i) that the registrant may, within 14 days after receiving the hearing notice, elect to have the matter dealt with by the tribunal; and (ii) that, if the matter is dealt with by the board, there is no right of appeal against the board’s decision. (3) The time for the hearing, as stated in the hearing notice, must be at least 14 days after the registrant receives the notice. 132 Substituted service on registrant and complainant (1) A board or disciplinary committee may order substituted service of a hearing notice on a registrant or complainant, if the board or committee is satisfied service can not be effected on the registrant or complainant. (2) Substituted service may be effected in any way ordered, including, for example, by facsimile or telephone. (3) If the registrant or complainant is served with the hearing notice as ordered by the board or disciplinary committee under subsection (1), the notice is taken to have been given to the registrant or complainant under section 131. 133 Registrant may require referral to tribunal (1) This section applies if the registrant was not— (a) the subject of an investigation under the investigation part; and (b) given a notice under section 120. (2) The registrant may elect to have the disciplinary matter dealt with by the tribunal by, within 14 days after receiving the hearing notice, giving the board written notice of the election. (3) As soon as practicable after receiving a notice under subsection (2), the board must refer the matter under section 126 for hearing by the tribunal. Page 94 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 134] 134 Powers of board to refer matter to panel or tribunal etc. (1) In conducting disciplinary proceedings for a disciplinary matter relating to a registrant, a board must immediately refer the matter under section 126 for hearing by the tribunal if the board reasonably believes the matter may provide a ground for suspending or cancelling the registrant’s registration. (2) Also, the board may, if it considers it appropriate— (a) refer the matter under section 126 for hearing by a panel or the tribunal; or (b) end the disciplinary proceedings and deal with the disciplinary matter under the impairment part. Example for subsection (2)(a) — After referring a complaint about a registrant to the tribunal for disciplinary proceedings, the board receives and starts to hear a second complaint about the registrant. The board may decide to refer the second complaint to the tribunal. (3) However, the board need not act under subsection (1) if it reasonably believes the matter will not be substantiated. (4) If the board refers a matter for hearing by a panel or the tribunal under subsection (1) or (2)(a), the referral notice must be accompanied by— (a) a statement by the board about the reason for the referral; and (b) any comment or other information about the matter the board considers appropriate. (5) Also, the board must give notice that the matter has been referred for hearing by a panel or the tribunal, or is to be dealt with under the impairment part, to— (a) the registrant; and (b) the complainant, if the disciplinary proceedings relate to a complaint; and (c) the commission. Current as at 1 July 2013 Page 95
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 135] 135 Powers of disciplinary committee to refer matter to panel or tribunal etc. (1) In conducting disciplinary proceedings for a disciplinary matter relating to a registrant, a disciplinary committee must direct the registrant’s board to immediately refer the matter under section 126 for hearing by the tribunal if the committee reasonably believes the matter may provide a ground for suspending or cancelling the registrant’s registration. (2) Also, the disciplinary committee may, if the committee considers it appropriate— (a) direct the board to refer the matter under section 126 for hearing by a panel or the tribunal; or (b) end the disciplinary proceedings and refer the disciplinary matter to the board for the board to deal with it under the impairment part. Example for subsection (2)(a)— A disciplinary committee may consider it appropriate to direct the board to refer the disciplinary matter to the tribunal if the committee becomes aware that another disciplinary matter relating to the registrant has been referred to, or is being heard by, the tribunal. (3) However, the disciplinary committee need not act under subsection (1) if it reasonably believes the matter will not be substantiated. (4) If the disciplinary committee directs the board to refer the disciplinary matter for hearing by a panel or the tribunal— (a) the disciplinary committee must prepare a statement stating why it considers the matter must be referred to the tribunal; and (b) the disciplinary committee may prepare any comment or other information about the matter it considers appropriate; and (c) the board must refer the matter under section 126 for hearing by a panel or the tribunal as soon as practicable. (5) If the disciplinary committee refers the disciplinary matter to the board to be dealt with under the impairment part— Page 96 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 136] (a) the disciplinary committee must give the board a statement stating why it considers the matter must be dealt with under the impairment part; and (b) the disciplinary committee may give the board any comment or other information about the matter it considers appropriate; and (c) the board must deal with the matter under the impairment part as soon as practicable. (6) Also, the disciplinary committee must give notice that the committee has directed the board to refer the disciplinary matter for hearing by a panel or the tribunal, or has referred the matter to the board to be dealt with under the impairment part, to— (a) the registrant; and (b) the complainant, if the disciplinary proceedings relate to a complaint; and (c) the commission. (7) The referral notice for a referral under subsection (4)(c) must be accompanied by the statement of reasons, and any comments or other information, about the matter prepared by the disciplinary committee. 136 Procedure for hearing by board or disciplinary committee (1) When conducting a hearing, a board or disciplinary committee— (a) must comply with natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and (c) is not bound by the rules of evidence; and (d) may inform itself of anything in the way it considers appropriate. Current as at 1 July 2013 Page 97
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 137] (2) The chairperson of the board or disciplinary committee may decide the procedures to be followed for the hearing. (3) However, the board or disciplinary committee must comply with this division. (4) Also, the board or disciplinary committee must— (a) tell the registrant— (i) the facts and circumstances forming the basis for the ground for disciplinary action against the registrant; and (ii) what possible disciplinary action the board or committee may take under section 165 or 166; and (b) if asked to do so by the registrant—explain to the registrant any aspect of the board’s or committee’s procedures, or any decisions or rulings, relating to the hearing; and (c) ensure the registrant has the fullest opportunity practicable to be heard. 137 Time and place of hearing A hearing conducted by a board or disciplinary committee must be conducted at the times and places the chairperson of the board or committee decides. 138 Hearing not open to the public A hearing before a board or disciplinary committee is not open to the public. 139 Attendance and appearance at hearing (1) At a hearing, the registrant may be accompanied by a lawyer or another person but the lawyer or other person is not entitled to appear on behalf of the registrant. (2) Also, the complainant may attend the hearing and may be accompanied by a lawyer or other person. Page 98 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 140] (3) The board or disciplinary committee may, if it considers it appropriate or necessary, allow a person, other than a lawyer, to address the board on the registrant’s behalf. 140 Board or disciplinary committee may exclude complainant from hearing (1) This section applies if a complainant is to give evidence at the hearing. (2) The board or disciplinary committee may direct that the complainant be excluded from a part or all of the hearing until the complainant gives evidence, if the board or committee reasonably believes the attendance of the complainant before giving evidence would seriously prejudice the fairness of the hearing. 141 Board or disciplinary committee may exclude disruptive person from hearing The board or disciplinary committee may direct a person attending the hearing, other than the registrant, to leave if the person is disrupting the hearing. 142 Board or disciplinary committee may be assisted by lawyer or other person (1) A board or disciplinary committee may appoint a lawyer or other person to assist the board or committee at the hearing. (2) The person appointed may advise the board or committee about procedural matters relevant to the hearing but may not ask questions of the registrant or other persons appearing at the hearing. 143 Witnesses (1) A board or disciplinary committee may, by written notice given to a person (an attendance notice ), require the person to attend the hearing at a stated reasonable time and place— Current as at 1 July 2013 Page 99
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 144] (a) to give evidence or answer questions; or (b) to produce a stated thing. (2) The registrant may ask the board or disciplinary committee for an attendance notice to be given to a person. (3) The board or disciplinary committee must give the attendance notice to the person unless the board or committee reasonably believes it is unnecessary or inappropriate to do so. 144 Board or disciplinary committee may proceed in absence of registrant or may adjourn hearing (1) At a hearing, the board or disciplinary committee may proceed in the absence of the registrant if it reasonably believes the registrant has been given notice of the hearing. (2) The board or disciplinary committee may adjourn the hearing from time to time. 145 Questions to be decided by majority of board or disciplinary committee A question before the board or disciplinary committee must be decided by a majority vote of the board or committee members and, if the votes are equal, the chairperson of the board or committee has a casting vote. 146 Procedure if board member absent etc. (1) This section applies if— (a) a board has started to hear a disciplinary matter relating to a registrant but has not made its decision under subdivision 5; and (b) a board member ceases to be a board member or, for any other reason, is unable to take further part in the disciplinary proceedings. (2) The remaining board members may continue to hear the matter provided there is a quorum of board members. Page 100 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 147] (3) If there is not a quorum, the board must adjourn the matter until a quorum of board members is available. (4) For this section, a quorum of board members means the number of members required for a quorum stated under the board’s health practitioner registration Act. 147 Procedure if committee member absent etc. (1) This section applies if— (a) a disciplinary committee has started to hear a disciplinary matter relating to a registrant but has not made its decision under subdivision 5; and (b) a committee member ceases to be a committee member or, for any other reason, is unable to take further part in the disciplinary proceedings. (2) The remaining committee members may, if the registrant to whom the disciplinary proceedings relate consents, constitute the disciplinary committee for completing the proceedings and making a decision under subdivision 5. (3) If the registrant does not consent to the remaining committee members constituting the disciplinary committee, the board must— (a) establish a new disciplinary committee to hear the proceedings; or (b) conduct the proceedings itself. (4) A member of the disciplinary committee first established to hear the disciplinary proceedings may be appointed to the new disciplinary committee. (5) If the committee member mentioned in subsection (1)(b) is the chairperson of the disciplinary committee and the remaining committee members constitute the committee for completing the proceedings, the board must appoint another member of the committee to be the chairperson of the committee. Current as at 1 July 2013 Page 101
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 148] 148 Inspection of things (1) If a thing is produced to a board or disciplinary committee at a hearing, the board or committee may inspect it. (2) The board or disciplinary committee may do all or any of the following if the board or committee reasonably considers the thing may be relevant to the hearing— (a) photograph the thing; (b) for a document—make a copy of, or take an extract from, it; (c) keep the thing while it is necessary for the hearing and any appeal relating to the hearing. (3) If the board or disciplinary committee keeps the thing, the board or committee must permit a person otherwise entitled to possession of the thing to— (a) for a document—inspect, make a copy of, or take an extract from, the document, at the reasonable time and place the board or committee decides; and (b) for another thing—inspect or photograph the thing, at the reasonable time and place the board or committee decides. 149 Evidence and findings etc. in other proceedings may be received or adopted During the hearing, the board or disciplinary committee may— (a) receive in evidence a transcript, or part of a transcript, of evidence taken in a proceeding before a disciplinary body or a court, tribunal or other entity constituted under the law of the State, the Commonwealth, another State or a foreign country, and draw conclusions of fact from the evidence that it considers appropriate; or (b) adopt, as it considers appropriate, decisions, findings, judgments, or reasons for judgment, of a disciplinary Page 102 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 150] body, court, tribunal or entity that may be relevant to the hearing. 150 Allowance to witnesses (1) A witness who appears at a hearing before a board or disciplinary committee is entitled to be paid the allowance prescribed under a regulation for attendance at the hearing. (2) The allowance must be paid by— (a) the registrant, if the registrant calls the witness; or (b) the board, if the board or disciplinary committee calls the witness; or (c) the commission, if the commission calls the witness. 151 Board or disciplinary committee to keep record of disciplinary proceedings (1) A board or disciplinary committee must keep, in the way it considers appropriate, a record of evidence given to it in relation to disciplinary proceedings. (2) However, a board or disciplinary committee is not required to keep a transcript of disciplinary proceedings conducted before it. Subdivision 3 Disciplinary proceedings by correspondence 152 Application of sdiv 3 This subdivision applies if disciplinary proceedings relating to a registrant by the registrant’s board, or a disciplinary committee established by the board, take the form of written correspondence between the board or committee and the registrant. Current as at 1 July 2013 Page 103
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 153] 153 Notice of intention to conduct disciplinary proceedings by correspondence (1) The board or disciplinary committee must give notice about its intention to conduct disciplinary proceedings about a disciplinary matter relating to the registrant by correspondence to the following— (a) the registrant; (b) the complainant, if the disciplinary proceedings relate to a complaint; (c) the commission. (2) The notice must state the following— (a) the ground for the disciplinary action against the registrant; (b) the facts and circumstances forming the basis for the ground; (c) that the registrant may give the board or disciplinary committee a written submission about the ground within the period stated in the notice; (d) that, even if the registrant fails to make a submission, the board or committee may— (i) continue the disciplinary proceedings under this subdivision; and (ii) make a decision under subdivision 5 about whether the ground for disciplinary action is established; (e) if the registrant was not given a notice under section 120— (i) that the registrant may, within 14 days after receiving the notice given under subsection (1), elect to have the matter dealt with by the tribunal; and (ii) that, if the matter is dealt with by the board, there is no right of appeal against the board’s decision. Page 104 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 154] (3) The period for making a submission, as stated in the notice under subsection (2)(c), must be at least 14 days after the registrant receives the notice. 154 Substituted service on registrant or complainant (1) The board or disciplinary committee may order substituted service of a notice under section 153 on a registrant or complainant if the board or committee is satisfied service can not be effected on the registrant or complainant. (2) Substituted service may be effected in any way ordered, including, for example, facsimile or telephone. (3) If the registrant or complainant is served with a notice as ordered by the board or disciplinary committee under subsection (1), the notice is taken to have been given to the registrant or complainant under section 153. 155 Registrant may require referral to tribunal (1) This section applies if the registrant was not— (a) the subject of an investigation under the investigation part; and (b) given a notice under section 120. (2) The registrant may elect to have the disciplinary matter dealt with by the tribunal by, within 14 days after receiving the board’s or committee’s notice under section 153, giving the board written notice of the election. (3) As soon as practicable after receiving a notice under subsection (2), the board must refer the matter under section 126 for hearing by the tribunal. 156 Board or disciplinary committee may require other information (1) For conducting disciplinary proceedings by correspondence, the board or disciplinary committee may, by written notice given to the registrant or another person, require the registrant Current as at 1 July 2013 Page 105
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 157] or other person to give the board or committee information, including a document, relevant to the disciplinary proceedings. (2) If a document is given to the board or disciplinary committee under subsection (1), the board or committee may make a copy of, or take an extract from, it. 157 Power of board or committee to continue disciplinary proceedings without receiving registrant’s submission (1) This section applies if the registrant does not make a written submission about the ground for disciplinary action as stated by a notice given to the registrant by the board or disciplinary committee under section 153, or give information as required under section 156. (2) The board or disciplinary committee may— (a) continue the disciplinary proceedings; and (b) make a decision under subdivision 5 about whether the ground for disciplinary action is established. Subdivision 4 Offences relating to disciplinary proceedings dealt with by board or disciplinary committee 158 Offences about attending hearing, answering questions and related matters (1) A registrant given a hearing notice, or a person given an attendance notice must not fail, without reasonable excuse— (a) to attend as required by the notice; or (b) to continue to attend as required by the board or disciplinary committee until excused from further attendance. Maximum penalty—60 penalty units. (2) At a hearing, a person appearing as a witness must not— Page 106 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 159] (a) fail to take an oath or make an affirmation when required by the board or disciplinary committee; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the board or a committee member; or (c) fail, without reasonable excuse, to produce a thing the person is required to produce by an attendance notice. Maximum penalty for subsection (2)—60 penalty units. 159 Offence for failing to give information A person given a notice under section 156 must not fail, without reasonable excuse, to give the board or disciplinary committee the information the person is required to give by the notice. Maximum penalty—60 penalty units. 160 Self-incrimination For section 158 or 159, it is a reasonable excuse for an individual to fail to answer a question, produce a thing or give information, if answering the question, producing the thing or giving the information might tend to incriminate the individual. 161 False or misleading information A person must not state anything to a board or disciplinary committee, for disciplinary proceedings under this division, that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. 162 False or misleading documents (1) A person must not give to a board or disciplinary committee, for disciplinary proceedings under this division, a document Current as at 1 July 2013 Page 107
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 163] containing information the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the board or disciplinary committee, to the best of the person’s ability, how it is false or misleading; and (b) gives the correct information to the board or disciplinary committee if the person has, or can reasonably obtain, the correct information. 163 Contempt of board or disciplinary committee At a hearing before a board or disciplinary committee, a person must not— (a) insult the board or committee or a board or committee member; or (b) deliberately interrupt the hearing; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the board or committee is conducting the hearing; or (d) without lawful excuse, disobey a lawful order or direction of the board or committee; or (e) do anything else that would be contempt of court if the board or committee were a court of record. Maximum penalty—100 penalty units. Page 108 Current as at 1 July 2013
Subdivision 5 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 164] Decision on completion of disciplinary proceedings 164 Decision about whether ground for disciplinary action established (1) As soon as practicable after completing a hearing of a disciplinary matter relating to a registrant under subdivision 2, or after the end of the period for making a submission stated in the notice given to a registrant under section 153, the board or disciplinary committee must decide whether a ground for disciplinary action against the registrant is established. (2) If the board or disciplinary committee is making a decision about whether the registrant has behaved in a way that constitutes unsatisfactory professional conduct, the board or committee— (a) must have regard to any relevant codes of practice; and (b) must have regard to any relevant previous decision by a disciplinary body or the Medical Assessment Tribunal of which the board or committee is aware; and (c) may have regard to any relevant previous decisions by a foreign disciplinary body. (3) For subsection (2)(b), the board or disciplinary committee is entitled to access the previous decisions of other disciplinary bodies or the Medical Assessment Tribunal and the reasons for the decisions. (4) Subsection (2) does not limit the matters the board or disciplinary committee may consider in making its decision. 165 Decision about disciplinary action relating to registrant (1) This section applies if, under section 164(1), a board or disciplinary committee decides a ground for disciplinary action is established against a registrant who is registered at the time of the decision. Current as at 1 July 2013 Page 109
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 166] (2) The board or disciplinary committee must do one or both of the following— (a) advise, caution or reprimand the registrant or require the registrant to attend, at a stated reasonable time and place, to be advised, cautioned or reprimanded; (b) with the registrant’s agreement, enter into an undertaking with the registrant about the registrant’s professional conduct or practice. (3) Also, the board or disciplinary committee must decide— (a) for a decision to advise, caution or reprimand the registrant— (i) whether the disciplinary action must be recorded in the board’s register; and (ii) for a disciplinary action that must be recorded in the register—the period for which it must be recorded; and (b) for a decision to enter into an undertaking with the registrant—whether details of the undertaking must be recorded in the board’s register for the period for which the undertaking is in force. (4) The board or disciplinary committee must decide that details of an undertaking must be recorded in the board’s register, unless it reasonably believes it is not in the interests of users of the registrant’s services or the public to know the details. 166 Decision about disciplinary action relating to former registrant (1) This section applies if, under section 164(1), a board or disciplinary committee decides a ground for disciplinary action is established against a person who was a registrant but is not registered for the relevant profession at the time of the board’s or committee’s decision. (2) The board or disciplinary committee must decide— (a) to take no further action relating to the matter; or Page 110 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 167] (b) that a form of disciplinary action mentioned in section 165(2)(a) would have been taken if the person were still registered. 167 Matters board or disciplinary committee must consider in making decision about disciplinary action (1) In making its decision under section 165 or 166, the board or disciplinary committee— (a) must have regard to the purposes of disciplinary action mentioned in section 123; and (b) must have regard to any relevant previous decisions about the registrant by a disciplinary body or the Medical Assessment Tribunal of which the board or committee is aware; and (c) may have regard to any relevant previous decisions about the registrant by a foreign regulatory authority. (2) For subsection (1)(b), the board or disciplinary committee is entitled to access the previous decisions of other disciplinary bodies or the Medical Assessment Tribunal and the reasons for the decisions. (3) Subsection (1) does not limit the matters the board or disciplinary committee may consider in making its decision. Subdivision 6 Action after decision about disciplinary action 168 Notification of decision (1) The board or disciplinary committee must, as soon as practicable after making its decision under section 164, 165 or 166, give written notice of its decision to— (a) the registrant; and (b) the complainant, if the disciplinary proceedings relate to a complaint; and Current as at 1 July 2013 Page 111
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 168] (c) the commission. (2) The notice must state the following— (a) the board’s or disciplinary committee’s decision— (i) if the notice relates to the board’s or committee’s decision under section 164—about whether a ground for disciplinary action against the registrant is established; and (ii) if the notice relates to the board’s or committee’s decision under section 165 or 166—about the disciplinary action the board or committee has decided to take in relation to the disciplinary proceedings; (b) the reasons for the decision, including the reasons for any disciplinary action; (c) the board’s or committee’s decisions on material questions of fact arising during the disciplinary proceedings; (d) by reference or otherwise, any evidence or other material on which the board’s or committee’s decisions about material questions of fact were based. (3) Also, the board or disciplinary committee may give notice of its decision to any other person given an attendance notice for the hearing. (4) The decision takes effect on the day the board or disciplinary committee makes its decision or, if the board or disciplinary committee’s decision is to take effect on a later day, on the later day. (5) However, if the registrant or the registrant’s representative is not present when the board or disciplinary committee makes its decision, the decision takes effect on the later of— (a) the day the notice is given to the registrant; or (b) the day of effect stated in the notice. Page 112 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 169] 169 Additional information to be included in notice (1) This section applies if the board or disciplinary committee decides, under section 164(1), that a ground for disciplinary action against the registrant is established. (2) The notice under section 168 must also state— (a) for a decision to advise, caution or reprimand the registrant— (i) whether the disciplinary action must be recorded in the board’s register; and (ii) if it must be recorded in the board’s register—the period for which it must be recorded in the register; and (b) for a decision to enter into an undertaking with the registrant— (i) the fact that an undertaking has been entered into must be recorded in the board’s register for the period for which the undertaking is in force; and (ii) if details of the undertaking must be recorded in the register—the details that must be recorded in the register for the period for which the undertaking is in force; and (iii) if details of the undertaking must not be recorded—the reason why the details must not be recorded. 170 Disciplinary action to be recorded in board’s register (1) This section applies if the board or disciplinary committee decides a ground for disciplinary action against the registrant is established. (2) As soon as practicable after the board or disciplinary committee makes its decision, the board must record in its register— (a) for a decision to advise, caution or reprimand the registrant and record the action in the board’s Current as at 1 July 2013 Page 113
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 171] register—that the particular disciplinary action was taken against the registrant; and (b) for a decision to enter into an undertaking with the registrant— (i) that an undertaking has been entered into between the registrant and the board; and (ii) if the board or committee decides under section 165(3) that details of the undertaking must be recorded in the board’s register—the details. (3) If the board records details of disciplinary action or an undertaking in its register, the details must remain in the register— (a) for a decision to advise, caution or reprimand the registrant—for the period decided by the board or disciplinary committee; or (b) for a decision to enter into an undertaking—for the period for which the undertaking is in force. Division 5 Professional conduct review panels Subdivision 1 Jurisdiction of panels 171 Panels’ jurisdiction to conduct disciplinary proceedings (1) A panel established to hear a disciplinary matter relating to a registrant has power to conduct disciplinary proceedings for the matter. (2) The panel may start or continue the disciplinary proceedings relating to the registrant despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise. (3) A panel may deal with more than 1 disciplinary matter relating to the same registrant in the same disciplinary proceedings. Page 114 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 172] 172 Additional disciplinary matters (1) If, during disciplinary proceedings, it appears to the panel that another disciplinary matter relating to the registrant exists in addition to the matter the subject of the proceedings, the panel may take that other matter to have been referred to it under section 126 and may deal with it in the same proceedings. (2) If the panel decides to deal with an additional disciplinary matter under subsection (1), the panel— (a) if the registrant agrees—may continue with the disciplinary proceedings or adjourn the proceedings for a particular period; or (b) otherwise—must adjourn the disciplinary proceedings for the period it considers fair in the circumstances before continuing with the proceedings. (3) Subsection (2) does not affect the power of a panel under section 187(2). (4) This section does not apply to the proceedings of a review panel. Subdivision 2 Procedural matters 173 Parties to disciplinary proceedings The parties to disciplinary proceedings before a panel are— (a) the registrant to whom the proceedings relate; and (b) the registrant’s board; and (c) if the commission intervenes in the proceedings under the Health Quality and Complaints Commission Act 2006 , section 190, the commission. 174 Notice of intention to conduct hearing (1) The secretary must give written notice (a hearing notice ) about the panel’s intention to conduct a hearing of a Current as at 1 July 2013 Page 115
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 175] disciplinary matter relating to the registrant to the following persons— (a) the registrant; (b) the registrant’s board; (c) the complainant, if the disciplinary proceedings relate to a complaint; (d) the commission. (2) The hearing notice must state the following— (a) the ground for the disciplinary action against the registrant; (b) the facts and circumstances forming the basis for the ground; (c) the time and place of the hearing; (d) that the registrant must attend the hearing; (e) that the board may, under section 182, nominate a board member or other person to appear at the hearing on behalf of the board; (f) that the complainant, if any, may attend the hearing, unless the panel directs that the complainant must not attend before giving evidence; (g) that the registrant, board’s nominee or complainant may be accompanied by a lawyer or another person; (h) if the registrant was not given a notice under section 120—that the registrant may, within 14 days after receiving the hearing notice, elect to have the matter dealt with by the tribunal. (3) The time for the hearing, as stated in the hearing notice, must be at least 14 days after the registrant receives the notice. 175 Substituted service on registrant and complainant (1) The secretary may order substituted service of a hearing notice on a registrant or complainant about the panel’s Page 116 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 176] intention to conduct a hearing, if the secretary is satisfied service can not be effected on the registrant or complainant. (2) Substituted service may be effected in any way ordered, including, for example, by facsimile or telephone. (3) If the registrant or complainant is served with the hearing notice as ordered by the secretary under subsection (1), the notice is taken to have been given to the registrant or complainant under section 174. 176 Pre-hearing conference (1) The panel may, before the hearing starts, hold a conference for considering, or giving directions about, any matter or proceeding within its jurisdiction. (2) Without limiting subsection (1), the panel may give directions requiring the parties to make discovery or allow inspection of evidentiary material. (3) At or after the conference, the panel may give the directions about the matter or proceeding that it considers appropriate. (4) A conference may be held, and directions given, on the application of a party or on the panel’s own initiative. (5) A conference may be conducted, and directions given, by telephone, video link or another form of communication. (6) The panel may, using any form of communication, delegate the power to hold a pre-hearing conference to a panel member or the secretary. 177 Registrant may require referral to tribunal (1) This section applies if the registrant was not— (a) the subject of an investigation under the investigation part; and (b) given a notice under section 120. Current as at 1 July 2013 Page 117
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 178] (2) The registrant may elect to have the disciplinary matter dealt with by the tribunal by, within 14 days after receiving the hearing notice, giving the panel written notice of the election. (3) As soon as practicable after receiving a notice under subsection (2), the panel must direct the registrant’s board to refer the matter under section 126 for hearing by the tribunal. (4) As soon as practicable after receiving a direction under subsection (3), the board must comply with the direction. 178 Powers of panel to direct referral of matter to tribunal etc. (1) In conducting a hearing for a disciplinary matter relating to a registrant, a panel must direct the board to immediately refer the matter under section 126 for hearing by the tribunal if the panel reasonably believes the matter may provide a ground for suspending or cancelling the registrant’s registration. (2) Also, the panel may, if it considers it appropriate, direct the board— (a) to refer the matter under section 126 for hearing by the tribunal; or (b) to deal with the matter under the impairment part. Example for subsection (2)(a) — A panel may consider it appropriate to refer a disciplinary matter to the tribunal if the panel becomes aware that another complaint about the registrant has been referred to, or is being heard by, the tribunal. (3) However, the panel need not act under subsection (1) if it reasonably believes the matter will not be substantiated. (4) If the panel directs the board to refer the disciplinary matter for hearing by the tribunal— (a) the panel must prepare a statement stating why it considers the matter must be referred to the tribunal; and (b) the panel may prepare any comment or other information about the matter it considers appropriate; and Page 118 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 179] (c) the board must refer the matter under section 126 for hearing by the tribunal as soon as practicable. (5) If the panel directs the board to deal with the disciplinary matter under the impairment part— (a) the panel must give the board a statement stating why it considers the matter must be dealt with under the impairment part; and (b) the panel may give the board any comment or other information about the matter it considers appropriate; and (c) the board must deal with the matter under the impairment part as soon as practicable. (6) Also, the secretary must give notice that the panel has directed the board to refer the disciplinary matter for hearing by the tribunal, or to deal with the matter under the impairment part, to— (a) the registrant; and (b) the complainant, if the disciplinary proceedings relate to a complaint; and (c) the commission. (7) The referral notice for a referral under subsection (4)(c) must be accompanied by the statement of reasons, and any comments or other information, about the matter prepared by the panel. 179 Procedure for hearing by panel (1) When conducting a hearing, a panel— (a) must comply with natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and (c) is not bound by the rules of evidence; and Current as at 1 July 2013 Page 119
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 180] (d) may inform itself of anything in the way it considers appropriate. (2) The chairperson of the panel may decide the procedures to be followed for the hearing. (3) However, the panel must comply with this division. (4) Also, the panel must— (a) tell the parties to the disciplinary proceedings— (i) the facts and circumstances forming the basis for the ground for disciplinary action against the registrant; and (ii) what possible disciplinary action the panel may take under section 201 or 203; and (b) if asked to do so by a party—explain to the party any aspect of the panel’s procedures, or decisions or rulings, relating to the hearing; and (c) ensure the parties have the fullest opportunity practicable to be heard. 180 Time and place of hearing A hearing conducted by a panel must be conducted at the times and places the chairperson of the panel decides. 181 Hearing not open to the public A hearing before a panel is not open to the public. 182 Appearance and attendance at hearing (1) The board may nominate a board member or other person (the board’s nominee ) to appear at the hearing on behalf of the board. (2) However, the board’s nominee must not be a lawyer. (3) At the hearing, the registrant or board’s nominee may be accompanied by a lawyer or another person but the lawyer or Page 120 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 183] other person is not entitled to appear on behalf of the registrant or nominee. (4) Also, the complainant may attend the hearing and may be accompanied by a lawyer or other person. (5) The panel may, if it considers it appropriate or necessary, allow a person, other than a lawyer, to address the panel on behalf of the registrant or the board’s nominee. 183 Panel may exclude complainant from hearing (1) This section applies if a complainant is to give evidence at the hearing. (2) The panel may direct that the complainant be excluded from a part or all of the hearing until the complainant gives evidence if the panel reasonably believes the attendance of the complainant before giving evidence would seriously prejudice the fairness of the hearing. 184 Panel may exclude disruptive person from hearing The panel may direct a person attending the hearing, other than the registrant, to leave if the person is disrupting the hearing. 185 Secretary or other person may assist panel (1) A panel may be assisted by the secretary or a person appointed by the secretary to assist the panel at the hearing. (2) A person appointed by the secretary may be a lawyer. (3) The secretary or other person may advise the panel about procedural matters relevant to the hearing but may not ask questions of the parties or other persons appearing at the hearing. Current as at 1 July 2013 Page 121
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 186] 186 Witnesses (1) The secretary may, by written notice given to a person (an attendance notice ), require the person to attend the hearing at a stated reasonable time and place— (a) to give evidence or answer questions; or (b) to produce a stated thing. (2) A party may apply to the secretary, in the approved form, for an attendance notice to be given to a person. (3) The secretary must give the attendance notice to the person unless the secretary reasonably believes it is unnecessary or inappropriate to do so. 187 Panel may proceed in absence of party or may adjourn hearing (1) At a hearing, the panel may proceed in the absence of a party if it reasonably believes the party has been given notice of the hearing. (2) The panel may adjourn the hearing from time to time. 188 Questions to be decided by majority of panel (1) A question before the panel must be decided by a majority vote of the members of the panel and, if the votes are equal, the chairperson of the panel has a casting vote. (2) A vote on the question may be taken using any form of communication. 189 Procedure if panel member absent etc. (1) This section applies if— (a) a panel has started to hear disciplinary proceedings relating to a registrant but has not made its decision under subdivision 4; and Page 122 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 190] (b) a member of the panel ceases to be a member or, for any other reason, is unable to take further part in the disciplinary proceedings. (2) The remaining members of the panel may, if the registrant to whom the disciplinary proceedings relate consents, constitute the panel for completing the proceedings and making a decision under subdivision 4. (3) If the registrant does not consent to the remaining members of the panel constituting the panel, the secretary must establish a new panel to hear the disciplinary proceedings. (4) A member of the panel first established to hear the disciplinary proceedings may be appointed to the new panel. (5) If the member of the panel mentioned in subsection (1)(b) is the chairperson of the panel and the remaining members of the panel constitute the panel for completing the proceedings, the secretary must appoint another member of the panel to be the chairperson of the panel. 190 Interim orders (1) This section applies if— (a) a panel is hearing a disciplinary matter relating to a registrant; and (b) the panel reasonably believes it is necessary to make an order (an interim order ) exercising any power conferred on the panel under section 201, pending its final decision. (2) The panel may make the interim order. (3) The interim order must be the least onerous order the panel considers necessary in the circumstances. (4) The interim order has effect from the time it is made and ends when the first of the following happens— (a) the proceedings in which the order is made end; (b) the time stated in the order for it to end arrives; Current as at 1 July 2013 Page 123
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 191] (c) the panel revokes the order. (5) For the interim order, the panel may direct the registrant’s board to include details of the order in the board’s register. (6) The registrant’s board must give effect to the interim order and comply with the panel’s directions. 191 Inspection of things (1) If a thing is produced to a panel at a hearing, the panel may inspect it. (2) The panel may do all or any of the following if the panel reasonably believes the thing may be relevant to the hearing— (a) photograph the thing; (b) for a document—make a copy of, or take an extract from, it; (c) keep the thing while it is necessary for the hearing; (d) give the thing to the secretary to keep while it is necessary for any appeal relating to the hearing. (3) If the panel or secretary keeps the thing, it must permit a person otherwise entitled to possession of the thing to— (a) for a document—inspect, make a copy of, or take an extract from, the document, at the reasonable time and place the panel or secretary decides; and (b) for another thing—inspect or photograph the thing, at the reasonable time and place the panel or secretary decides. 192 Evidence and findings etc. in other proceedings may be received or adopted During the hearing, the panel may— (a) receive in evidence a transcript, or part of a transcript, of evidence taken in a proceeding before a disciplinary body or a court, tribunal or other entity constituted Page 124 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 193] under the law of the State, the Commonwealth, another State or a foreign country, and draw conclusions of fact from the evidence that it considers appropriate; or (b) adopt, as it considers appropriate, decisions, findings, judgments, or reasons for judgment, of a disciplinary body, court, tribunal or other entity that may be relevant to the hearing. 193 Allowance to witnesses (1) A witness who appears at a hearing before a panel is entitled to be paid the allowance prescribed under a regulation for attendance at the hearing. (2) The allowance must be paid by the party calling the witness. 194 Panel to keep record of disciplinary proceedings (1) A panel must keep, in the way it considers appropriate, a record of evidence given to it in relation to disciplinary proceedings. (2) However, a panel is not required to keep a transcript of disciplinary proceedings conducted before it unless it is asked to do so by a party. (3) If a party or parties to the disciplinary proceedings ask the panel to keep a transcript of proceedings, the cost of the transcription must be paid by— (a) the party making the request; or (b) if more than 1 party makes the request or asks for a copy of the transcript—the parties making the request or asking for the copy, in equal amounts. Current as at 1 July 2013 Page 125
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 195] Subdivision 3 Offences relating to disciplinary proceedings dealt with by panel 195 Offences about attending hearing, answering questions and related matters (1) A registrant given a hearing notice or a notice under section 321, or a person given an attendance notice, must not fail, without reasonable excuse— (a) to attend as required by the notice; or (b) to continue to attend as required by the chairperson of the panel until excused from further attendance. Editor’s note — Under section 321, the secretary must give the parties written notice about the review panel’s intention to conduct a hearing for the review. Maximum penalty—60 penalty units. (2) At a hearing, a registrant or a person appearing as a witness must not— (a) fail to take an oath or make an affirmation when required by the chairperson of the panel; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by a member of the panel; or (c) fail, without reasonable excuse, to produce a thing the person is required to produce by an attendance notice. Maximum penalty for subsection (2)—60 penalty units. 196 Self-incrimination For section 195, it is a reasonable excuse for an individual to fail to answer a question or to produce a thing, if answering the question or producing the thing might tend to incriminate the individual. Page 126 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 197] 197 False or misleading information A person must not state anything to a panel that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. 198 False or misleading documents (1) A person must not give to a panel a document containing information the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the panel, to the best of the person’s ability, how it is false or misleading; and (b) gives the correct information to the panel if the person has, or can reasonably obtain, the correct information. 199 Contempt of panel At a hearing before a panel, a person must not— (a) insult the panel or a member of the panel; or (b) deliberately interrupt the hearing; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the panel is conducting the hearing; or (d) without lawful excuse, disobey any lawful order or direction of the panel; or (e) do anything else that would be contempt of court if the panel were a court of record. Maximum penalty—100 penalty units. Current as at 1 July 2013 Page 127
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 200] Subdivision 4 Decision on completion of disciplinary proceedings 200 Decision about whether ground for disciplinary action established (1) As soon as practicable after completing the hearing of a disciplinary matter relating to a registrant, the panel must decide whether a ground for disciplinary action against the registrant is established. (2) If the panel is making a decision about whether the registrant has behaved in a way that constitutes unsatisfactory professional conduct, the panel— (a) must have regard to any relevant codes of practice; and (b) must have regard to any relevant previous decision by a disciplinary body or the Medical Assessment Tribunal of which the panel is aware; and (c) may have regard to any relevant previous decisions by a foreign disciplinary body. (3) Subsection (2) does not limit the matters the panel may consider in making its decision. (4) For subsection (2)(b), the panel is entitled to access the previous decisions of other disciplinary bodies or the Medical Assessment Tribunal and the reasons for the decisions. (5) This section does not apply to a review panel. 201 Decision about disciplinary action relating to registrant (1) This section applies if, under section 200(1), a panel decides a ground for disciplinary action is established against a registrant who is registered at the time of the decision. (2) The panel must decide to do 1 or more of the following— (a) advise, caution or reprimand the registrant; (b) impose conditions on the registrant’s registration, including, for example, the following— Page 128 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 201] (i) requiring the registrant not to carry out a type of practice or procedure; (ii) requiring the registrant not to provide services to a class of persons; (iii) requiring the registrant to carry out the registrant’s practice under supervision; (iv) requiring the registrant to undertake an educational course, or a continuing professional education activity, within a stated reasonable time and report to the registrant’s board after completing the course or activity; (v) requiring the registrant to obtain, and act on, advice from the registrant’s board or a stated person about the management of the registrant’s practice; (vi) requiring the registrant to report about particular aspects of the registrant’s practice to the registrant’s board or a stated person; (vii) requiring the registrant to report to the registrant’s board, within a stated reasonable time and in a stated reasonable way, about the registrant’s compliance with conditions imposed by the panel; (c) approve an undertaking entered into, with the registrant’s agreement, between the registrant and the registrant’s board about the registrant’s professional conduct or practice. (3) Also, if the panel decides to impose conditions on the registrant’s registration, the panel must state a period, not more than 3 years from the day the decision takes effect, within which the registrant may not apply for a review of the conditions under part 9, division 2. Current as at 1 July 2013 Page 129
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 202] 202 Decision about recording disciplinary action relating to registrant (1) In making its decision under section 201(2), the panel must also decide— (a) for a decision to advise, caution or reprimand the registrant— (i) whether the disciplinary action must be recorded in the board’s register; and (ii) for disciplinary action that must be recorded in the register—the period for which it must be recorded; and (b) for a decision to impose conditions on the registrant’s registration—whether details of the conditions must be recorded in the board’s register for the period for which the conditions are in force; and (c) for a decision to approve an undertaking entered into between the registrant and the board—whether details of the undertaking must be recorded in the board’s register for the period for which the undertaking is in force. (2) The panel must decide that details of the conditions or undertaking must be recorded in the board’s register, unless it reasonably believes it is not in the interests of users of the registrant’s services or the public to know the details. 203 Decision about disciplinary action relating to former registrant (1) This section applies if, under section 200(1), a panel decides a ground for disciplinary action is established against a person who was a registrant but is not registered for the relevant profession at the time of the panel’s decision. (2) The panel must decide— (a) to take no further action relating to the matter; or (b) either or both of the following— Page 130 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 204] (i) that a form of disciplinary action mentioned in section 201(2)(a) or (b) would have been taken if the person were still registered; (ii) conditions that must be imposed on any future registration of the person as a registrant in the relevant profession. 204 Matters panel must consider in making decision about disciplinary action (1) In making its decision under section 201(2) or 203(2), the panel— (a) must have regard to the purposes of disciplinary action mentioned in section 123; and (b) must have regard to any relevant previous decisions about the registrant by a disciplinary body or the Medical Assessment Tribunal of which the panel is aware; and (c) may have regard to any relevant previous decisions about the registrant by a foreign disciplinary body. (2) For subsection (1)(b), the panel is entitled to access the previous decisions of other disciplinary bodies or the Medical Assessment Tribunal and the reasons for the decisions. (3) Subsection (1) does not limit the matters the panel may consider in making its decision. Subdivision 5 Action after decision about disciplinary action 205 Notification of decision of panel (1) As soon as practicable after the panel makes its decision under section 200, 201, 202 or 203, the secretary must give written notice of the decision to— (a) the parties to the disciplinary proceedings; and Current as at 1 July 2013 Page 131
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 205] (b) the complainant, if the disciplinary proceedings relate to a complaint; and (c) the commission. (2) The notice must state the following— (a) the panel’s decision— (i) if the notice relates to the panel’s decision under section 200—about whether a ground for disciplinary action against the registrant is established; and (ii) if the notice relates to the panel’s decision under section 201 or 203—about the disciplinary action, if any, the panel has decided to take in relation to the disciplinary proceedings; (b) the reasons for the decision, including the reasons for any disciplinary action; (c) the panel’s decisions on material questions of fact arising during the disciplinary proceedings; (d) by reference or otherwise, any evidence or other material on which the panel’s decisions about material questions of fact were based; (e) that a party may apply to the tribunal under the QCAT Act for a review of the decision; (f) how, and the period within which, the party may apply for the review; (g) the right the party has to have the operation of the decision stayed under the QCAT Act, section 22. (3) Also, the secretary may give notice of its decision to any other person given an attendance notice for the hearing. (4) The decision takes effect on the day the panel makes its decision or, if the panel’s decision is to take effect on a later day, on the later day. Page 132 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 206] (5) However, if the registrant or the registrant’s representative is not present when the panel makes its decision, the decision takes effect on the later of— (a) the day the notice is given to the registrant; or (b) the day of effect stated in the notice. 206 Additional information to be included in notice (1) This section applies if the panel decides, under section 200, that a ground for disciplinary action against the registrant is established. (2) The notice under section 205 must also state— (a) for a decision to advise, caution or reprimand the registrant— (i) whether the disciplinary action must be recorded in the board’s register; and (ii) if it must be recorded in the board’s register—the period for which it must be recorded in the register; and (b) for a decision to impose conditions on the registrant’s registration or approve an undertaking entered into between the registrant and the board— (i) the fact that conditions have been imposed, or an undertaking entered into, must be recorded in the board’s register for the period for which the conditions or undertaking are in force; and (ii) if details of the conditions or undertaking must be recorded in the register—the details that must be recorded in the register for the period for which the conditions or undertaking is in force; and (iii) if details of the conditions or undertaking must not be recorded—the reason why the details must not be recorded; and (c) for a decision to impose conditions on the registrant’s registration—the period after which the registrant may Current as at 1 July 2013 Page 133
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 207] apply under part 9, division 2 for a review of the conditions. Subdivision 6 Effect of decision 207 Effect of panel’s decision A panel’s decision is binding on the parties. 208 Implementation of decisions (1) A board, that is a party to disciplinary proceedings, must give effect to the panel’s decision unless the decision is stayed under section 329. (2) Without limiting subsection (1), if the notice given to the board by the secretary under section 205 states that disciplinary action relating to a registrant must be recorded in the board’s register, the board must, as soon as practicable after receiving the notice, make the record in accordance with the notice. Subdivision 7 Miscellaneous 209 Authentication of documents A document relating to disciplinary proceedings by a panel requiring authentication by the panel is sufficiently authenticated if it is signed by the chairperson of the panel, another member of the panel or the secretary. 210 Judicial notice of certain signatures Judicial notice must be taken of the signature of the chairperson of the panel, another member of the panel or the secretary if it appears on a document issued by the panel. Page 134 Current as at 1 July 2013
Division 6 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 211] QCAT Subdivision 1 Jurisdiction of tribunal 211 Tribunal’s jurisdiction (1) The tribunal has jurisdiction— (a) to hear all disciplinary matters referred under section 126 by a board, including matters relating to a registrant that happened while a suspended decision applied to the registrant; and (b) to review reviewable decisions under part 9, division 3; and (c) to review tribunal review decisions under part 9, division 4. (2) The tribunal may start or continue disciplinary proceedings relating to a registrant despite a proceeding before any court or another tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise. (3) The tribunal may deal with more than 1 disciplinary matter relating to the same registrant in the same disciplinary proceedings 212 Additional disciplinary matters (1) If, during disciplinary proceedings, it appears to the tribunal that another disciplinary matter relating to the registrant exists in addition to the matter the subject of the proceedings, the tribunal may deal with it in the same proceedings. (2) If the tribunal decides to deal with an additional matter under subsection (1), the tribunal— (a) if the registrant agrees—may continue with the disciplinary proceedings or adjourn the proceedings for a particular period; or Current as at 1 July 2013 Page 135
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 213] (b) otherwise—must adjourn the disciplinary proceedings for the period it considers fair in the circumstances before continuing with the proceedings. Subdivision 2 Procedural matters 213 Allocation of matters and constitution of the tribunal (1) As soon as practicable after a referral notice is filed with the principal registrar the principal registrar must choose assessors to assist the tribunal. (2) The tribunal must be constituted by 1 judicial member. 214 Parties to disciplinary proceedings The parties to disciplinary proceedings before the tribunal are— (a) the registrant to whom the proceedings relate; and (b) the registrant’s board; and (c) if the commission intervenes in the proceedings under the Health Quality and Complaints Commission Act 2006 , section 190, the commission. 215 Notice of intention to conduct hearing (1) The principal registrar must give written notice (a hearing notice ) of the tribunal’s intention to conduct a hearing of a disciplinary matter relating to a registrant to the following persons— (a) the registrant; (b) the registrant’s board; (c) the complainant, if the disciplinary proceedings relate to a complaint; (d) the commission. Page 136 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 217] (2) The hearing notice must state the following— (a) the ground for the disciplinary action against the registrant; (b) the facts and circumstances forming the basis for the ground; (c) the time and place of the hearing; (d) that the registrant must attend the hearing in person unless excused by the tribunal; (e) that a party may appear in person, or may have a lawyer or another person appear at the hearing on the party’s behalf; (f) that the complainant, if any, may attend the hearing and be accompanied by a lawyer or another person, unless the tribunal directs that the complainant must not attend before giving evidence. (3) The time for the hearing, as stated in the hearing notice, must be at least 14 days after the registrant receives the notice. 217 Compulsory conference (1) This section applies if the tribunal directs the parties to a disciplinary proceeding to attend a compulsory conference under the QCAT Act. (2) The assessors assisting the tribunal may take part in the compulsory conference if the tribunal considers it is necessary or desirable for them to take part in the conference. (3) At the end of the compulsory conference, the person presiding over the conference must advise the parties to the proceeding of their rights to object to an assessor who took part in the conference assisting the tribunal in a hearing of the proceeding. (4) A party may object to an assessor who took part in the compulsory conference assisting the tribunal in a hearing of the proceeding. Current as at 1 July 2013 Page 137
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 218] (5) An objection under subsection (4) must be filed in the QCAT registry— (a) within 2 business days after the compulsory conference ends; or (b) if the hearing of the proceeding is to start before the end of the period mentioned in paragraph (a), before the start of the hearing. (6) An assessor who took part in the compulsory conference— (a) may disqualify himself or herself from assisting the tribunal in a hearing of the proceeding, whether or not an objection is filed; and (b) must not assist the tribunal in a hearing of the proceeding if a party objects to the person assisting the tribunal in a hearing of the proceeding. 218 Tribunal’s powers relating to health assessment (1) Subsection (2) applies if— (a) the tribunal is hearing a disciplinary matter relating to a registrant on the ground the registrant is impaired; or (b) in conducting disciplinary proceedings relating to a registrant the tribunal otherwise reasonably believes the registrant may be impaired. (2) The tribunal may— (a) direct the registrant’s board to establish a health assessment committee; and (b) direct the registrant to undergo a health assessment by the committee. (3) Subsection (4) applies if, under section 289, a registrant’s board suspends the registrant’s registration and the disciplinary matter to which the suspension relates is referred under section 126 for hearing by the tribunal. (4) The tribunal may stay the board’s decision until the tribunal decides the disciplinary matter. Page 138 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 219] 219 Procedure for hearing by tribunal When conducting a hearing, the tribunal must, if asked to do so by a party— (a) tell the party— (i) the facts and circumstances forming the basis for the ground for disciplinary action against the registrant; and (ii) what possible disciplinary action the tribunal may take under section 241 or 243; and (b) explain to the party any aspect of the tribunal’s procedures, or decisions or rulings, relating to the hearing. 222 Hearing of impairment matter (1) A hearing before the tribunal for an impairment matter is not open to the public unless— (a) the tribunal reasonably believes it is in the public interest for it to be open to the public; or (b) the registrant asks for it to be open to the public. (2) In this section— impairment matter means a disciplinary matter for which the only ground for disciplinary action mentioned in the referral notice is that the registrant is impaired. 225 Attendance The tribunal may excuse a registrant from attending all or part of a hearing. 226 Tribunal may exclude witnesses from hearing (1) This section applies if a complainant or other witness is to give evidence to the tribunal. Current as at 1 July 2013 Page 139
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 227] (2) The tribunal may direct that the complainant or other witness be excluded from a part or all of the hearing until the complainant or witness gives evidence, if the tribunal reasonably believes the attendance of the complainant or witness before giving evidence would seriously prejudice the fairness of the hearing. 227 Member may have regard to assessor’s views In deciding a question of fact before the tribunal, the constituting member may have regard to the views of an assessor assisting the tribunal as the member considers appropriate. 228 Procedure if member or assessor unable to take part in proceedings (1) This section applies if the tribunal has started to hear disciplinary proceedings relating to a registrant but has not made its decision and— (a) the constituting member (the first member ) ceases to be qualified to be a tribunal member or, for any other reason, is unable to take further part in the proceedings; or (b) an assessor assisting the tribunal is, for any reason, unable to take further part in the proceedings. (2) If a new member is appointed, the assessors who assisted the first member may be chosen to assist the new member. (3) If an assessor is unable to take further part in the disciplinary proceedings, the principal registrar must choose another assessor in the assessor’s place. (4) The other assessor must be chosen from the same panel of assessors from which the previous assessor was chosen. 231 Interim orders (1) This section applies if— Page 140 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 233] (a) the tribunal is hearing a disciplinary matter relating to a registrant; and (b) the tribunal reasonably believes it is necessary to make an order (an interim order ) exercising any power conferred on the tribunal under section 241, pending its final decision. (2) The tribunal may make the interim order. (3) The interim order must be the least onerous order the tribunal considers necessary in the circumstances. (4) For the interim order, the tribunal may direct the registrant’s board to include details of the order in the board’s register. (5) The registrant’s board must give effect to the interim order and comply with the tribunal’s directions. 233 Evidence and findings etc. in other proceedings may be received or adopted During the hearing, the tribunal may— (a) receive in evidence a transcript, or part of a transcript, of evidence taken in a proceeding before a disciplinary body or a court, tribunal or other entity constituted under the law of the State, the Commonwealth, another State or a foreign country, and draw conclusions of fact from the evidence that it considers appropriate; or (b) adopt, as it considers appropriate, decisions, findings, judgments, or reasons for judgment, of a disciplinary body, court, tribunal or other entity that may be relevant to the hearing. Current as at 1 July 2013 Page 141
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 240] Subdivision 4 Decisions on completion of disciplinary proceedings 240 Decision about whether ground for disciplinary action established (1) As soon as practicable after completing a hearing of a disciplinary matter relating to a registrant, the tribunal must decide whether a ground for disciplinary action against the registrant is established. (2) If the tribunal is making a decision about whether the registrant has behaved in a way that constitutes unsatisfactory professional conduct, the tribunal— (a) must have regard to any relevant codes of practice; and (b) must have regard to any relevant previous decision by a disciplinary body or the Medical Assessment Tribunal of which the tribunal is aware; and (c) may have regard to any relevant previous decisions by a foreign disciplinary body. (3) If the tribunal is making a decision about whether the registrant is impaired, the tribunal— (a) if the matter was referred to a health assessment committee and the committee prepared an assessment report—must consider the assessment report; and (b) must consider any submissions made by the registrant under section 297; and (c) if the registrant failed, without reasonable excuse, under section 288 to attend a health assessment or external assessment, cooperate in undergoing a health assessment or external assessment or produce a stated thing—may have regard to the failure to attend or cooperate or produce the thing. (4) For subsection (2)(b), the tribunal is entitled to access the previous decisions of other disciplinary bodies and the reasons for the decisions. Page 142 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 241] (5) Subsections (2) and (3) do not limit the matters the tribunal may consider in making its decision. (6) This section does not apply for proceedings of the tribunal under the review and appeal part. 241 Decision about disciplinary action relating to registrant (1) This section applies if, under section 240(1), the tribunal decides a ground for disciplinary action is established against a registrant who is registered at the time of the decision. (2) The tribunal must decide to do 1 or more of the following— (a) advise, caution or reprimand the registrant; (b) impose conditions on the registrant’s registration, including, for example, the following— (i) requiring the registrant not to carry out a type of practice or procedure; (ii) requiring the registrant not to provide services to a class of persons; (iii) requiring the registrant to carry out the registrant’s practice under supervision; (iv) requiring the registrant to undertake an educational course, or continuing professional education activity, within a stated reasonable time and report to the registrant’s board after completing the course or activity; (v) requiring the registrant to obtain, and act on, advice from the registrant’s board or a stated person about the management of the registrant’s practice; (vi) requiring the registrant to report about particular aspects of the registrant’s practice to the registrant’s board or a stated person; (vii) requiring the registrant to report to the registrant’s board, within a stated reasonable time and in a stated reasonable way, about the registrant’s Current as at 1 July 2013 Page 143
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 241] Page 144 compliance with conditions imposed by the tribunal; (c) approve an undertaking entered into, with the registrant’s agreement, between the registrant and the registrant’s board about the registrant’s professional conduct or practice; (d) require the registrant to give the tribunal an undertaking; (e) if the registrant gives the tribunal an undertaking—order the registrant to give to the registrant’s board a financial assurance for the undertaking for an amount not more than the equivalent of 6666 penalty units in 1 or more of the following forms— (i) a bank guarantee; (ii) a bond; (iii) an insurance policy; (iv) another form of security the tribunal considers appropriate; (f) if a ground for the disciplinary action is that the registrant is impaired—order the registrant to attend at the reasonable times and reasonable places decided by the registrant’s board for further health assessments, including, for example, random urine drug screening, blood tests or hair tests; (g) suspend the registrant’s registration for a stated time; (h) if the tribunal suspends the registrant’s registration—set conditions under which the registrant may practise after the end of the suspension period; (i) cancel the registrant’s registration; (j) if the tribunal cancels the registrant’s registration— (i) set conditions under which the registrant may reapply for registration; or (ii) set conditions that must be imposed on any future registration of the registrant by the board; Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 242] (k) order the registrant to pay a fine of an amount not more than the equivalent of 1333 penalty units; (l) order the registrant— (i) to do anything else the tribunal considers appropriate; or (ii) to refrain from doing anything the tribunal considers inappropriate. (3) If the tribunal decides to do any of the following, the tribunal must state a period, not more than 3 years from the day the decision takes effect, within which the registrant may not apply for a review of the decision under part 9, division 4 by the tribunal— (a) impose conditions on the registrant’s registration under subsection (2)(b) or set conditions under which the registrant may practise after the end of the suspension period under subsection (2)(h); (b) order the registrant to attend for health assessments under subsection (2)(f); (c) order the registrant to do anything or refrain from doing anything under subsection (2)(l). (4) Also, if the tribunal cancels the registrant’s registration under subsection (2)(i), the tribunal must also decide the period during which the registrant must not be registered by the registrant’s board. (5) To remove any doubt, it is declared that a decision under subsection (4) may be that the registrant must never be registered by the registrant’s board. 242 Decision about recording disciplinary action relating to registrant (1) In making its decision under section 241(2), the tribunal must also decide— (a) for a decision to impose conditions on the registrant’s registration—whether details of the conditions must be Current as at 1 July 2013 Page 145
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 242] recorded in the board’s register for the period for which the conditions are in force; and (b) for a decision to enter into an undertaking with the registrant or approve an undertaking entered into between the registrant and the board—whether details of the undertaking must be recorded in the board’s register for the period for which the undertaking is in force; and (c) for a decision to suspend the registrant’s registration— (i) whether the record of the suspension must remain in the register after the suspension ends; and (ii) if the record of the suspension must remain in the register after suspension ends—the period for which it must be recorded; and (d) for a decision to take another form of disciplinary action under section 241(2)— (i) whether the disciplinary action must be recorded in the board’s register; and (ii) if the disciplinary action must be recorded in the register—the period for which the disciplinary action must be recorded. (2) The tribunal must decide that details of the conditions or undertaking, other than conditions imposed or an undertaking entered into for an impairment matter, must be recorded in the board’s register unless the tribunal reasonably believes it is not in the interests of users of the registrant’s services or the public to know the details. (3) For conditions imposed, or an undertaking entered into, for an impairment matter, the tribunal must decide that details of the conditions or the undertaking must not be recorded in the register unless it reasonably believes it is in the interests of users of the registrant’s services or the public to know the details. (4) In this section— Page 146 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 243] impairment matter means a disciplinary matter for which the only ground for disciplinary action established under section 240(1) is that the registrant is impaired. 243 Decision about disciplinary action relating to former registrant (1) This section applies if, under section 240(1), the tribunal decides a ground for disciplinary action is established against a person who was a registrant but is not registered for the relevant profession at the time of the tribunal’s decision. (2) The tribunal must decide— (a) to take no further action relating to the matter; or (b) 1 or more of the following— (i) to order the person to pay a fine of an amount not more than the equivalent of 1333 penalty units; (ii) conditions under which the person may reapply for registration in the relevant profession; (iii) conditions that must be imposed on any future registration of the person in the relevant profession; (iv) to order the person to do anything else the tribunal reasonably considers appropriate; (v) to order the person to refrain from doing anything the tribunal reasonably considers inappropriate; (vi) to indicate another form of disciplinary action mentioned in section 241(2) would have been taken if the person were registered. (3) If the tribunal indicates under subsection (2)(b)(vi) that if the person were currently registered it would have cancelled the person’s registration, the tribunal must also decide the period during which the person must not again be registered by the person’s board. Current as at 1 July 2013 Page 147
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 244] (4) To remove any doubt, it is declared that a decision under subsection (3) may be that the person must never be registered as a registrant in the relevant profession. 244 Matters tribunal must consider in making decision about disciplinary action (1) In making its decision under section 241(2) or 243(2), the tribunal— (a) must have regard to the purposes of disciplinary action mentioned in section 123; and (b) must have regard to any relevant previous decisions about the registrant by a disciplinary body or the Medical Assessment Tribunal of which the tribunal is aware; and (c) may have regard to any relevant previous decisions about the registrant by a foreign disciplinary body. (2) For subsection (1)(b), the tribunal is entitled to access the previous decisions of other disciplinary bodies and the Medical Assessment Tribunal and the reasons for the decisions. (3) Subsection (1) does not limit the matters the tribunal may consider in making its decision. Subdivision 5 Action after decision about disciplinary action 245 Notification of decision of tribunal (1) As soon as practicable after the tribunal makes its decision under section 240, 241, 242 or 243, the principal registrar must give written notice of the tribunal’s decision to— (a) the parties to the disciplinary proceedings; and (b) the complainant, if the disciplinary proceedings relate to a complaint; and Page 148 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 245] (c) the commission. (2) The notice must state the following— (a) the tribunal’s decision— (i) if the notice relates to the tribunal’s decision under section 240—about whether a ground for disciplinary action against the registrant is established; and (ii) if the notice relates to the tribunal’s decision under section 241 or 243—about the disciplinary action, if any, the tribunal has decided to take in relation to the disciplinary proceedings; (b) the reasons for the decision, including the reasons for any disciplinary action; (c) the tribunal’s decisions on material questions of fact arising during the disciplinary proceedings; (d) by reference or otherwise, any evidence or other material on which the tribunal’s decisions about material questions of fact were based; (e) the right the party has to appeal to the Court of Appeal against the decision under the QCAT Act; (f) how to appeal. (4) The decision takes effect on the day the tribunal makes its decision or, if the tribunal’s decision is to take effect on a later day, on the later day. (5) If the registrant or the registrant’s representative is not present when the tribunal makes its decision, the decision takes effect on the later of— (a) the day the notice is given to the registrant; or (b) the day of effect stated in the notice. Current as at 1 July 2013 Page 149
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 246] 246 Additional information to be included in notice (1) This section applies if the tribunal decides, under section 240(1), that a ground for disciplinary action against the registrant is established. (2) The notice under section 245 must also state— (a) for a decision to impose conditions on the registrant’s registration— (i) the fact that conditions have been imposed must be recorded in the board’s register for the period for which the conditions are in force; and (ii) if details of the conditions must be recorded in the register—the details that must be recorded in the register for the period for which the conditions are in force; and (iii) for an impairment matter—if details of the conditions must be recorded, the reason why the details must be recorded; and (iv) for another matter—if details of the conditions must not be recorded, the reason why the details must not be recorded; and (b) for a decision to require the registrant to give the tribunal an undertaking or approve an undertaking entered into between the registrant and the registrant’s board— (i) the fact that the registrant has given the tribunal an undertaking, or the registrant and the board have entered into an undertaking, must be recorded in the board’s register for the period for which the undertaking is in force; and (ii) whether details of the undertaking must be recorded in the register for the period for which the undertaking is in force; and (iii) for an impairment matter—if details of the undertaking must be recorded, the reason why the details must be recorded; and Page 150 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 246] (iv) for another matter—if details of the undertaking must not be recorded, the reason why the details must not be recorded; and (c) for a decision to suspend the registrant’s registration— (i) the suspension must be recorded in the board’s register for the period for which the suspension is in force; and (ii) whether the record of the suspension must remain in the register after the suspension ends; and (iii) if the record must remain in the register after the suspension period ends—the period for which it must remain; and (d) for a decision to take another form of disciplinary action— (i) whether the disciplinary action must be recorded in the board’s register; and (ii) if the disciplinary action must be recorded in the board’s register— (A) the details that must be recorded in the register; and (B) the period for which the details must be recorded in the register; and (iii) for an impairment matter—if details of the disciplinary action must be recorded, the reason why the details must be recorded; and (iv) for another matter—if details of the disciplinary action must not be recorded, the reason why the details must not be recorded; and (e) for a decision to impose conditions on the registrant’s registration under section 241(2)(b) or set conditions under which the registrant may practise after the end of the suspension period under section 241(2)(h), or a decision under section 241(2)(l) to order a registrant to do anything or refrain from doing anything—the period Current as at 1 July 2013 Page 151
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 247] after which the registrant may apply under part 9, division 4 for a review of the conditions or order. (3) In subsection (2)— impairment matter means a disciplinary matter for which the only ground for disciplinary action established under section 240(1) is that the registrant is impaired. Subdivision 6 Suspended decisions 247 Decision may be suspended (1) If the tribunal makes a decision mentioned in 1 of the following provisions, it may order that the decision is suspended— • section 241(2)(b) • section 241(2)(g) • section 241(2)(i) • section 241(2)(k) • section 241(2)(l)(i). (2) However, the tribunal may order the decision is suspended only if it is satisfied that it is appropriate to do so in the circumstances. (3) The tribunal may suspend the whole or a part of the decision. (4) The tribunal must state a period during which the registrant must not be the subject of disciplinary action by the tribunal if the registrant is to avoid being dealt with under section 250 for the decision suspended under subsection (1) (the suspended decision ). (5) The period starts on the day the order is made and must be not more than 5 years. Page 152 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 248] 248 Effect of suspended decision A registrant for whom an order under section 247 is made must comply with the suspended decision or the relevant part of the decision only if the tribunal makes a decision under section 250(5)(b)(i). 249 Consequences if other disciplinary action while suspended decision (1) This section applies if— (a) a board refers a disciplinary matter under section 126 (the current matter ) to the tribunal; and (b) the referral notice for the current matter states that the current matter happened during the period the registrant was subject to an order made under section 247 for a suspended decision in relation to a previous disciplinary matter. (2) The president of the tribunal must nominate a tribunal member to deal with the current matter and the fact that the current matter happened during the period of the suspended decision. 250 Power of tribunal to deal with suspended decision (1) This section applies if the tribunal is dealing with— (a) the current matter; and (b) the fact that the current matter happened during the period of the suspended decision. (2) The tribunal must hear and decide the current matter under this division. (3) If the tribunal decides that a ground exists for disciplinary action for the current matter, the tribunal must ask the parties to make submissions in relation to the suspended decision. Current as at 1 July 2013 Page 153
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 251] (4) If the tribunal considers it appropriate to do so in the circumstances, the tribunal may ask for the submissions to be made in writing. (5) After considering any submissions made to it, the tribunal may— (a) for the current matter—take any of the actions mentioned in section 241; and (b) for the suspended decision—either— (i) impose the suspended decision, or a part of the decision, on the registrant; or (ii) if the tribunal considers the imposition of the suspended decision under subparagraph (i) unfair—extend the period of the suspended decision by a period of not more than 1 year. (6) In deciding whether it would be unfair to impose the suspended decision on the registrant, the tribunal must have regard to— (a) the facts and circumstances that provided the grounds for the current matter or the suspended decision; and (b) any relevant previous decisions about the registrant by a disciplinary body, the Medical Assessment Tribunal or a foreign disciplinary body; and (c) the length of time since the suspended decision was made and the registrant’s conduct since the decision was made; and (d) any submissions made by the parties about the suspended decision; and (e) anything else the tribunal considers relevant. 251 Tribunal must give notice (1) If the tribunal makes a decision under section 250 relating to the suspended decision, the principal registrar must give written notice of the decision— Page 154 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 253] (a) to the registrant; and (b) to the registrant’s board; and (c) to the commission. (2) The notice must state the following— (a) the tribunal’s decision; (b) the reasons for the decision. (3) The decision takes effect on the day the tribunal makes its decision or, if the tribunal’s decision is to take effect on a later day, on the later day. (4) If the registrant or the registrant’s representative is not present when the tribunal makes its decision, the decision takes effect on the later of— (a) the day the notice is given to the registrant; or (b) the day of effect stated in the notice. Subdivision 7 Effect of decision 253 Implementation of decisions (1) A board must give effect to and implement a decision of the tribunal for disciplinary proceedings to which it has been a party unless the decision is stayed under the QCAT Act. (2) Without limiting subsection (1), the board must, if the notice given to the board by the principal registrar under section 245 states— (a) that the registrant’s registration is cancelled—remove the registrant’s name from the board’s register; or (b) that disciplinary action relating to a registrant must be recorded in the board’s register—as soon as practicable after receiving the notice, make the record in the board’s register in accordance with the notice. Current as at 1 July 2013 Page 155
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 254] 254 Recovery of fine A fine imposed on a registrant by the tribunal is a debt due to the registrant’s board and may be recovered by the board in a court of competent jurisdiction. Subdivision 8 Miscellaneous 255 Costs (1) The tribunal may make any order about costs it considers appropriate for disciplinary proceedings. (2) However, the costs allowable are only— (a) the costs that would be allowable if the disciplinary proceedings were proceedings in the District Court; and Editor’s note — See the Uniform Civil Procedure Rules 1999 , schedule 2 (Scale of costs—District Court). (b) if the board conducted an investigation of the registrant before referring the matter for hearing by the tribunal—the cost to the board of conducting the investigation. (3) Without limiting subsection (1), in making a decision about an order for costs, the tribunal— (a) must take into consideration the cost of any investigation for the matter the subject of the proceedings; and (b) must not take into consideration the amount of a fine, if any, imposed on a registrant in the proceedings. (4) If an order is made about costs— (a) the order may be filed in the registry of a District Court; and (b) on being filed, is taken to be an order made by a District Court and may be enforced accordingly. Page 156 Current as at 1 July 2013
Division 7 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 260] Dissemination of information Subdivision 1 Purpose 260 Purpose of div 7 (1) The purpose of this division is to provide information to relevant entities, registrants and the public about decisions relating to disciplinary proceedings about registrants. (2) The purposes of providing the information includes— (a) to inform and educate registrants about unsatisfactory professional conduct and acceptable professional conduct or practice; and (b) to promote high standards of professional conduct or practice by registrants; and (c) to deter unsatisfactory professional conduct by registrants; and (d) to inform the public about unsatisfactory professional conduct and acceptable professional conduct or practice by registrants; and (e) to give information to other entities which have an interest in the professional conduct or practice of registrants. Subdivision 2 Notification of disciplinary proceedings and disciplinary action 261 Board may notify other entities (1) This section applies if— (a) a registrant’s board or a disciplinary committee decides under this part to take disciplinary action against the registrant; or Current as at 1 July 2013 Page 157
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 261] (b) a registrant’s board is given notice by the principal registrar or secretary that a panel or the tribunal has decided under this part to take disciplinary action against the registrant. (2) The board must, as soon as practicable after making the decision or receiving the notice, give notice of the decision to interstate regulatory authorities with which the board is aware the registrant is registered. (3) Also, the board may give notice of the decision about the registrant to any of the following— (a) the chief executive; (b) foreign regulatory authorities; (c) professional colleges of which the registrant is eligible to be a member; (d) professional associations of which the registrant is eligible to be a member; (e) an employer of the registrant; (f) Medicare Australia; (g) the Minister; (h) any other entity relevant to the registrant’s practice as a registrant. (4) However, the board must not give a notice about the decision to an entity under subsection (3) unless the board reasonably believes that— (a) the entity needs to know about the decision; and (b) giving the entity notice of the decision will assist in achieving the objects of this Act. (5) A notice under this section may include the information the board reasonably believes is appropriate in the circumstances. Page 158 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 262] 262 Board may notify other registrants (1) A registrant’s board may, after it or another disciplinary body makes a decision relating to disciplinary proceedings about the registrant, inform other registrants about the nature and outcome of the proceedings, including, for example, in its annual report or a newsletter. (2) However, the board must not disclose the identity of the registrant unless— (a) the decision relates to a matter about the registrant that has been heard by the tribunal in public, or part of which has been heard in public; and (b) the tribunal has not made a suppression order relating to the identity of the registrant. (3) This section does not effect the board’s power to record details of any conditions imposed on a registrant in the board’s register. Subdivision 3 Records of disciplinary proceedings 263 Records to be kept and made publicly available (1) A record of all decisions about disciplinary proceedings, and the reasons for the decisions, made by a disciplinary body under this Act must be kept by— (a) if the disciplinary body is a board or a disciplinary committee established by a board—the executive officer; and (b) if the disciplinary body is a panel—the secretary; and (c) if the disciplinary body is the tribunal—the principal registrar. (2) The record must be kept in the way the person responsible for keeping it considers appropriate. Current as at 1 July 2013 Page 159
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 263] (3) The secretary or principal registrar must give a copy of a record kept by the secretary or principal registrar under subsection (1) to the executive officer within 7 days after notice of the decision is given to the registrant to whom the disciplinary proceedings related. (4) The executive officer must keep a copy of all records required to be kept by, or given to, the executive officer under this section in the way the executive officer considers appropriate, including, for example, in an electronic form. (5) The records must be kept— (a) for records relating to matters dealt with by a board, disciplinary committee or panel—in a way that does not disclose the identity of persons involved in the matters; or (b) for records relating to matters dealt with by the tribunal—in a way that complies with any order made by the tribunal suppressing details that identify persons involved in the matters. (6) The executive officer must— (a) keep the records open for inspection at the office by members of the public during ordinary office hours; and (b) allow a person to take extracts from the records or, on payment of the appropriate fee by a person, give the person a copy of a record. (7) The fee for a copy of a record is the amount that— (a) the executive officer considers to be reasonable; and (b) is not more than the reasonable cost of making the copy. (8) The fee for a copy of a record is payable to the board established under the health practitioner registration Act under which the registrant, to which the record relates, is or was registered. Page 160 Current as at 1 July 2013
Subdivision 4 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 6 Disciplinary proceedings [s 264] Reports 264 Matters to be included in board’s annual report (1) Each board’s annual report under the Financial Accountability Act 2009 for a financial year must include the following— (a) statistical information about the number of complaints received by the board under this Act in the financial year, including the number of complaints referred by the commission to the board; (b) statistical information about the number of complaints referred by the board to the commission under this Act in the financial year; (c) the nature of the complaints received by the board under this Act in the financial year; (d) statistical information about the number of investigations conducted under this Act in the financial year; (e) details of the nature of the investigations conducted under this Act; (f) statistical information about the number of disciplinary proceedings started by the board under this Act in the financial year; (g) details of the nature of the disciplinary proceedings started by the board under this Act in the financial year; (h) details of the results of disciplinary proceedings that were finished in the financial year; (i) details of the amount of the board’s funds spent, in the financial year, on investigations by the board under this Act; (j) details of the amount of the board’s funds spent, in the financial year, on health assessments under this Act. (2) A board’s annual report under subsection (1) must not disclose the identity of a registrant unless— Current as at 1 July 2013 Page 161
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 265] (a) the registrant has been the subject of disciplinary proceedings heard by the tribunal in public, or part of which has been heard in public; and (b) the tribunal has not made a suppression order relating to the identity of the registrant. 265 Secretary to give report to Minister (1) As soon as practicable after the end of each financial year, the secretary must give to the Minister a report about the activities of the panels. (2) The report must include— (a) statistical information about the number of disciplinary proceedings heard by panels under this Act in the financial year for each profession; and (b) details of the amount of the funds spent for panels in the financial year; and (c) any other information required by the Minister. Part 7 Management of impaired registrants by boards Division 1 Preliminary 266 Purpose of pt 7 The purpose of this part is to provide an alternative to disciplinary proceedings for dealing with impaired registrants. 267 How purpose is achieved To achieve the purpose, this part— Page 162 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 268] (a) states the processes to deal with impaired registrants; and (b) provides for the establishment of health assessment committees. 268 Application of pt 7 (1) If a registrant’s board reasonably believes, because of a complaint or for another reason, the registrant may be impaired (the suspected matter ), the board may decide to deal with the registrant under this part and not under the investigation part. (2) However, if at any time the registrant’s board reasonably believes the suspected matter may provide a ground for suspending or cancelling the registrant’s registration, the board must not deal with, or continue to deal with, the registrant under this part but must— (a) investigate the matter under the investigation part; or (b) refer the matter under section 126 for hearing by the tribunal. (3) Subsection (1) does not prevent the board from taking action under the investigation part or disciplinary proceedings part against the registrant who may be impaired if the board considers it more appropriate. Division 2 Informal management of impaired registrants Subdivision 1 Preliminary 269 Purpose of div 2 The purpose of this division is to allow a registrant’s board to collect information about, and assess, the registrant, with the Current as at 1 July 2013 Page 163
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 270] registrant’s full cooperation, if the board reasonably believes the registrant may be impaired. Subdivision 2 Health assessments and boards’ powers 270 Board may request information (1) This section applies if a registrant’s board reasonably believes the registrant may be impaired. (2) The board may ask the registrant or another person for information relevant to helping the board in its assessment of whether the registrant is impaired. (3) However, the board can not, under this subdivision, compel the registrant or other person to give it information. 271 Notice to be given to registrant (1) If a registrant’s board reasonably believes the registrant may be impaired, it may give the registrant a notice asking the registrant to agree to undergo a health assessment. (2) The notice must state the following— (a) the reasons the board is asking for the health assessment; (b) that the board wants the registrant to agree to undergo a health assessment by a mutually agreed— (i) medical practitioner; or (ii) medical practitioner and another appropriately qualified person; (c) that the assessment may only be conducted with the registrant’s cooperation and that the registrant can not be compelled, under this division, to undergo the assessment; Page 164 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 272] (d) the consequences under section 272 of failing to undergo or to cooperate in undergoing a health assessment. (3) In subsection (2)(b)(ii)— appropriately qualified , for a person conducting a health assessment, includes having the qualifications, and the experience, knowledge or skills, appropriate to conduct the health assessment. 272 Powers of board if registrant does not undergo health assessment etc. (1) This section applies if a registrant is given a notice under section 271 and— (a) the registrant does not agree to undergo a health assessment; or (b) the registrant and board can not agree on the medical practitioner or other person to conduct the assessment; or (c) the registrant agrees to undergo the assessment but in undergoing the assessment does not fully cooperate to the medical practitioner’s or person’s reasonable satisfaction with the assessment. (2) The board may decide to do 1 of the following— (a) refer the suspected matter to a health assessment committee under division 3; (b) conduct an investigation of the suspected matter under the investigation part; (c) refer the suspected matter under section 126 for hearing by a panel or the tribunal. 273 Procedure for health assessment (1) This section applies if— (a) the registrant agrees to undergo a health assessment; and Current as at 1 July 2013 Page 165
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 273] (b) the registrant and the board agree on who is to conduct the assessment. (2) The assessment must be conducted, at the board’s expense, as soon as practicable after agreement is reached. (3) The person who conducts the assessment must, as soon as practicable after conducting the assessment, prepare a report about the assessment (an assessment report ). (4) The assessment report must include— (a) the person’s findings as to whether the registrant is impaired; and (b) if the person finds the registrant is impaired— (i) the nature and extent of the registrant’s impairment; and (ii) the person’s recommendations as to any action, including, for example, the imposition of conditions on the registrant’s registration, that needs to be taken to protect the wellbeing of vulnerable persons. (5) Also, if more than 1 person conducted the assessment and the findings or recommendations are not unanimous, the assessment report must include— (a) the different views of the persons; and (b) the basis for each person’s views. (6) The person must— (a) give the assessment report to the board; and (b) give a copy of the assessment report to the registrant or, if it appears to the person that giving a copy of the report to the registrant may be prejudicial to the physical or psychological health or wellbeing of the registrant, a medical practitioner nominated by the registrant; and (c) if a copy of the assessment report is given to a medical practitioner, give the registrant written notice that the copy has been given to the medical practitioner. Page 166 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 274] (7) The registrant may nominate a medical practitioner under subsection (6)(b) only if the medical practitioner has agreed to be nominated. (8) If a registrant does not nominate a medical practitioner for subsection (6)(b), the person who conducted the assessment may— (a) refuse to give a copy of the assessment report to the registrant; or (b) give the registrant a summary only of the findings in the report. (9) A medical practitioner who has been given a report under subsection (6)(b) must, within 14 days after receiving the report— (a) give the registrant the information from the report that the medical practitioner reasonably considers appropriate in the circumstances; or (b) decide that, in the circumstances, it is not appropriate to give the registrant any information from the report. (10) As soon as practicable after the medical practitioner gives the registrant information from the report or decides not to give the registrant any information, the medical practitioner must, by written notice given to the board, advise the board— (a) whether or not the information was given to the registrant; and (b) if information was given to the registrant— (i) what information was given; and (ii) when the information was given. 274 Registrant may make submissions about assessment report (1) A registrant given a copy of an assessment report or a summary under section 273 may, within 14 days after receiving the copy or summary, make a written submission relating to the report or summary to the board. Current as at 1 July 2013 Page 167
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 275] (2) A registrant given information by a medical practitioner under section 273(9) may, within 14 days after receiving the information, make a written submission about the information to the board. (3) Also, the registrant may give to the board a copy of a report about any other recent and relevant health assessment the registrant has undergone. (4) If the registrant gives a copy of a report to the board under subsection (3), the copy must be a complete copy of the report. 275 Decision about impairment (1) After considering the assessment report, any submission made by the registrant and any other health assessment report given to the board under section 274(3), the board must decide whether the registrant is impaired. (2) Subsection (1) does not limit the matters the board may consider in making the decision. 276 Decision about action to be taken for impaired registrant (1) This section applies if the board decides, under section 275(1), the registrant is impaired. (2) The board must decide to do 1 of the following— (a) with the registrant’s agreement, enter into an undertaking with the registrant about the registrant’s professional conduct or practice, including, for example, that the registrant will— (i) carry out the registrant’s practice under supervision; or (ii) attend counselling or a rehabilitation service; or (iii) attend at the reasonable times and reasonable places decided by the board for further health assessments, including, for example, random urine drug screening, blood tests or hair tests; Page 168 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 277] (b) conduct an investigation of the registrant under the investigation part; (c) refer the matter under section 126 for hearing by a panel or the tribunal; (d) take no further action relating to the matter. (3) However, the board may enter into an undertaking with the registrant under subsection (2) only if the board— (a) is satisfied the registrant is competent to enter into the undertaking; and (b) has advised the registrant that a failure to comply with the undertaking is a ground for disciplinary action. (4) If, after deciding to enter into an undertaking with the registrant, the registrant and the board can not agree in relation to the undertaking or the registrant is not competent to enter into an undertaking, the board must decide to refer the matter to a health assessment committee under division 3. (5) If the board decides to enter into an undertaking with the registrant under subsection (2), it must also decide whether details of the undertaking must be recorded in the board’s register for the period the undertaking is in force. (6) The board must decide not to record details of the undertaking in its register unless it reasonably believes it is in the interests of users of the registrant’s services or the public to know the details. 277 Decision about action to be taken for registrants who are not impaired (1) This section applies if, under section 275(1), the board decides the registrant is not impaired. (2) If the board reasonably believes another ground for disciplinary action exists in relation to the registrant, the board may— (a) conduct an investigation of the registrant under the investigation part; or Current as at 1 July 2013 Page 169
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 278] (b) deal with the matter by taking disciplinary proceedings under part 6, division 4; or (c) refer the matter under section 126 for hearing by a panel or the tribunal. 278 Notification of board’s decision (1) As soon as practicable after making its decision under section 275, 276 or 277, the board must give written notice of the decision to the registrant. (2) The notice must state the following— (a) the board’s decision— (i) if the notice relates to the board’s decision under section 275—about whether the registrant is impaired; and (ii) if the notice relates to the board’s decision under section 276 or 277—about the action, if any, the board has decided to take in relation to the matter; (b) the reasons for the decision, including the reasons for any proposed action. (3) The decision takes effect on the following day— (a) if the decision is a decision to enter into an undertaking with a registrant under section 276(2)(a)—on the day the undertaking is approved by the board; (b) otherwise—the day the notice is given to the registrant or the day of effect stated in the notice, whichever is later. 279 Additional information to be included in notice (1) This section applies if the board decides, under section 275, that a registrant is impaired. (2) If the board decides to enter into an undertaking with the registrant, the notice under section 278 must also state— Page 170 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 280] (a) the fact that the registrant and the board have entered into an undertaking must be recorded in the board’s register for the period for which the undertaking is in force; and (b) for a decision that details of the undertaking must be recorded in the register—the details that must be recorded in the register for the period for which the undertaking is in force; and (c) for a decision that details of the undertaking must be recorded—the reason why the details must be recorded. Subdivision 3 Miscellaneous 280 Payment of person conducting assessment A person who conducts a health assessment and prepares an assessment report for a board is entitled to be paid for his or her work by the board. 281 Use of assessment report (1) An assessment report is not admissible in any proceedings, other than proceedings under this Act. (2) A person can not be compelled to produce the report, or to give evidence relating to the report or its contents, in any proceedings, other than proceedings under this Act. (3) Subsections (1) and (2) do not apply if the report is admitted or produced, or evidence relating to the report or its contents is given, with the consent of the person who prepared the report and the registrant to which the report relates. (4) In this section— assessment report includes a copy of the report, or a part of the report or copy. Current as at 1 July 2013 Page 171
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 282] proceedings under this Act includes a health assessment by a health assessment committee but does not include proceedings for an offence against this Act. Division 3 Health assessment committees Subdivision 1 Establishment of health assessment committee 282 Establishment of health assessment committee (1) Subsection (2) applies if—— (a) the tribunal directs a board to establish a health assessment committee under section 218; or (b) a registrant gives the registrant’s board a notice under section 306(2) asking the board to arrange another health assessment of the registrant; or (c) a board decides under section 276(4) to refer a matter to a health assessment committee. (2) As soon as practicable after the board receives the direction or notice or making the decision, the board must establish a health assessment committee to conduct a health assessment of the registrant. (3) Also, a registrant’s board may establish a health assessment committee to conduct a health assessment of the registrant if the board decides under section 272(2)(a) to refer a suspected matter to a health assessment committee. 283 Composition of health assessment committee (1) A health assessment committee is to consist of appropriately qualified members appointed by the board, but must include at least— (a) 1 medical practitioner; and Page 172 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 284] (b) a person who is— (i) a registrant in the same profession as the registrant to be assessed; or (ii) registered, licensed or otherwise authorised in another State to practise the same profession as the registrant. (2) Before appointing a person under subsection (1), the board must be satisfied the person does not have a personal or professional connection with the registrant to whom the health assessment relates that may prejudice the way in which the person performs the person’s functions as a committee member. (3) To remove any doubt, it is declared that the board may appoint an appropriately qualified board member as a member of the health assessment committee. (4) In this section— appropriately qualified , for a member of a health assessment committee, includes having the qualifications, and the experience, knowledge or skills, to fulfil the role of a member of the committee. 284 Remuneration of health assessment committee members etc. (1) A member of a health assessment committee is entitled to be paid the remuneration and allowances decided by the Governor in Council. (2) The remuneration and allowances are payable by the board that established the committee. Current as at 1 July 2013 Page 173
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 285] Subdivision 2 Functions of health assessment committee 285 Functions of health assessment committee (1) The functions of the health assessment committee are— (a) to assess whether the registrant is impaired; and (b) to give the relevant body the committee’s findings; and (c) if the committee finds the registrant is impaired, give the relevant body— (i) information about the nature and extent of the impairment; and (ii) recommendations about actions that needs to be taken to protect vulnerable persons. (2) In subsection (1)(b) and (c)— relevant body means— (a) if the committee is established at the tribunal’s direction—the tribunal; or (b) otherwise—the board. Subdivision 3 Assessment procedures and committees’ powers 286 Notice about establishment of health assessment committee (1) As soon as practicable after a registrant’s board establishes a health assessment committee to conduct a health assessment of the registrant, the board must give written notice to the registrant about the committee’s establishment. (2) The notice must include the following— (a) the reasons for the health assessment; Page 174 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 287] (b) the names and qualifications of the members of the health assessment committee; (c) the procedures to be followed under this division, including, for example, the registrant’s right to make written or oral submissions to the health assessment committee. 287 Registrant may make submissions to health assessment committee (1) The registrant may make written or oral submissions to the health assessment committee. (2) Also, the registrant may give to the health assessment committee a copy of a report about any other recent and relevant health assessment the registrant has undergone. (3) If the registrant gives a copy of the report to the health assessment committee the copy must be a complete copy of the report. 288 Power of health assessment committee to require registrant to undergo health assessments (1) A health assessment committee may, by written notice given to a registrant, require the registrant to do 1 or both of the following— (a) attend before the committee to undergo a health assessment; (b) as part of the health assessment conducted by the committee, undergo a health assessment (an external assessment ) by an appropriately qualified person other than a member of the committee (an external assessor ). (2) The notice must state— (a) a reasonable time and place for the registrant to undergo the health assessment or external assessment; and (b) for an external assessment— Current as at 1 July 2013 Page 175
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 288A] (i) the reasons for the assessment; and (ii) the name and qualifications of the external assessor; and (c) advice to the registrant of the terms of section 289(1). (3) If the registrant is required to attend before the health assessment committee, the registrant may be accompanied by a lawyer or another person but the lawyer or other person is not entitled to address the committee on the registrant’s behalf. (4) The registrant must not fail, without reasonable excuse— (a) to attend as required by the notice; and (b) to continue to attend as required by the health assessment committee until excused from further attendance; and (c) to cooperate with the committee or external assessor in the conduct of a health assessment or external assessment. (5) In this section— appropriately qualified , for an external assessor, includes having the qualifications, experience, skills or knowledge appropriate to conduct the external assessment. 288A Appointment of external assessor (1) This section applies if a health assessment committee decides to require the registrant to undergo an external assessment. (2) The committee may appoint 1 or more external assessors to conduct the assessment. (3) Before appointing a person as an external assessor, the committee must be satisfied the person does not have a personal or professional connection with the registrant that may prejudice the way in which the person conducts the assessment. Page 176 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 289] 289 Failure to comply with requirement of health assessment committee (1) If the registrant contravenes section 288(4), the board may do 1 or more of the following— (a) suspend the registrant’s registration; (b) conduct an investigation of the registrant under the investigation part; (c) refer the matter under section 126 for hearing by a panel or the tribunal. (2) As soon as practicable after deciding to take action under subsection (1), the board must give written notice of the decision— (a) to the registrant; and (b) to the commission. (3) If the board suspends the registrant’s registration— (a) the registrant may, by written notice given to the board, ask the board to refer the matter under section 126 for hearing by the tribunal; and (b) the board must, if asked to do so, refer the matter under section 126 for hearing by the tribunal; and (c) the board must record in its register, for the period for which the suspension is in force, that the registrant’s registration has been suspended. (4) The suspension continues until the first of the following happens— (a) the registrant attends for a health assessment, cooperates in the conduct of the health assessment and the assessment is completed; (b) the matter is referred for hearing by the tribunal and the tribunal— (i) stays the board’s decision to suspend the registrant’s registration; or (ii) decides the matter. Current as at 1 July 2013 Page 177
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 290] 290 Other powers of health assessment committee (1) For conducting a health assessment, a health assessment committee may, by written notice given to a person other than the registrant, require the person— (a) to give stated information to the committee within a stated reasonable time and in a stated reasonable way; or (b) to attend before the committee at a stated reasonable time and place— (i) to answer questions; or (ii) to produce a stated thing. (2) Also, for conducting a health assessment, a health assessment committee may, by written notice, require the registrant to attend before the committee at a stated reasonable time and place to produce a stated thing. 291 Offences (1) A person required to give stated information to a health assessment committee under section 290(1) must not fail, without reasonable excuse, to give the information as required by the notice. Maximum penalty—60 penalty units. (2) A person given a notice under section 290(1) to attend before a health assessment committee must not fail, without reasonable excuse— (a) to attend as required by the notice; or (b) to continue to attend as required by the committee until excused from further attendance; or (c) to answer a question the person is required to answer by the committee; or (d) to produce a thing the person is required to produce by the notice. Maximum penalty—60 penalty units. Page 178 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 292] (3) A registrant given a notice under section 290(2) to attend before a health assessment committee and produce a stated thing must not fail, without reasonable excuse to attend and produce the thing as required by the notice. Maximum penalty for subsection (3)—60 penalty units. 292 Self-incrimination For section 291, it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a thing if giving the information, answering the question or producing the thing might tend to incriminate the individual. 293 Inspection of things (1) If a thing is produced to a health assessment committee, whether under a notice under section 290 or otherwise, the committee may inspect it. (2) The health assessment committee may do all or any of the following if the committee reasonably believes the thing may be relevant to the assessment being conducted by the committee— (a) photograph the thing; (b) for a document—make a copy of, or take an extract from, it; (c) keep the thing while it is necessary for the assessment. (3) If the health assessment committee keeps the thing, the committee must permit a person otherwise entitled to possession of the thing— (a) for a document—inspect, make a copy of, or take an extract from, the document, at the reasonable time and place the committee decides; and (b) for another thing—inspect or photograph the thing, at the reasonable time and place the committee decides. Current as at 1 July 2013 Page 179
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 294] 294 False or misleading information A person must not state anything or give information to a health assessment committee that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. 295 False or misleading documents (1) A person must not give to a health assessment committee a document containing information the person knows is false or misleading in a material particular. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the health assessment committee, to the best of the person’s ability, how it is false or misleading; and (b) gives the correct information to the committee if the person has, or can reasonably obtain, the correct information. 295A External assessor to prepare report about external assessment (1) An external assessor who conducts an external assessment must, as soon as practicable after conducting the assessment, prepare a report about the assessment (an external assessment report ). (2) The external assessment report must include— (a) the external assessor’s findings about whether the registrant is impaired; and (b) if the external assessor finds the registrant is impaired— (i) the nature and extent of the registrant’s impairment; and (ii) the external assessor’s recommendations about any action that needs to be taken to protect the wellbeing of vulnerable persons including, for Page 180 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 296] example, the imposition of conditions on the registrant’s registration. (3) Also, if more than 1 external assessor conducted the external assessment and the findings or recommendations are not unanimous, the external assessment report must include— (a) the different views of the assessors; and (b) the basis for each view. (4) The external assessor must give the external assessment report to the health assessment committee. 296 Health assessment committee to prepare report (1) The health assessment committee must prepare a report about its assessment of the registrant (an assessment report ) after conducting its assessment and considering the following— (a) any external assessment report about the registrant; (b) any submission made by the registrant under section 287(1); (c) any health assessment report given by the registrant to the committee under section 287(2). (2) The assessment report must include— (a) the health assessment committee’s findings as to whether the registrant is impaired; and (b) if the committee finds the registrant is impaired— (i) the nature and extent of the registrant’s impairment; and (ii) the committee’s recommendations as to any action, including, for example, the imposition of conditions on the registrant’s registration, that needs to be taken to protect the wellbeing of vulnerable persons; and (c) any external assessment report about the registrant. Current as at 1 July 2013 Page 181
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 296] (3) Also, if the health assessment committee’s findings or recommendations are not unanimous, the assessment report must include— (a) the different views of the committee members; and (b) the basis for the different views. (4) The health assessment committee must give the report— (a) if the committee was established on the board’s own initiative—to the board; or (b) if the committee was established at the direction of the tribunal—to the tribunal. (5) Also, the health assessment committee must— (a) give a copy of the report to the registrant or, if it appears to the committee that giving a copy of the assessment report to the registrant may be prejudicial to the physical or psychological health or wellbeing of the registrant, a medical practitioner nominated by the registrant; and (b) if a copy of the assessment report is given to a medical practitioner, give the registrant written notice that a copy of the report has been given to the medical practitioner. (6) The registrant may nominate a medical practitioner only if the medical practitioner has agreed to be nominated. (7) If a registrant does not nominate a medical practitioner for subsection (5)(a), the health assessment committee may— (a) refuse to give a copy of the report to the registrant; or (b) give the registrant only a summary of the report’s findings. (8) A medical practitioner who has been given a copy of an assessment report under subsection (5)(a) must, within 14 days after receipt of the report— (a) give the registrant the information from the report that the medical practitioner reasonably considers appropriate in the circumstances; or Page 182 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 297] (b) decide that, in the circumstances, it is not appropriate to give the registrant any information from the report. (9) As soon as practicable after the medical practitioner gives the registrant information from the report or decides not to give the registrant any information, the medical practitioner must give to the board or, if the committee was established at the tribunal’s direction, the tribunal, written notice advising the board or tribunal— (a) whether or not the information was given to the registrant; or (b) if information was given to the registrant— (i) what information was given; and (ii) when the information was given. 297 Registrant may make submissions about assessment report (1) A registrant given a copy of an assessment report or a summary under section 296 may, within 14 days after receiving the copy or summary, make a written submission relating to the report or summary— (a) if the committee was established at the tribunal’s direction—to the tribunal; or (b) otherwise—to the board. (2) A registrant given information by a medical practitioner under section 296(8) may, within 14 days after receiving the information, make a written submission about the information— (a) if the committee was established at the tribunal’s direction—to the tribunal; or (b) otherwise—to the board. (3) Also, the registrant may give a copy of a report about any other recent and relevant health assessment the registrant has undergone— Current as at 1 July 2013 Page 183
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 298] (a) if the committee was established at the tribunal’s direction—to the tribunal; or (b) otherwise—to the board. (4) If the registrant gives a copy of a report to the tribunal or board under subsection (3), the copy must be a complete copy of the report. Division 4 Decision by board about impairment 298 Decision about impairment (1) After considering the assessment report, any submission made by the registrant and any other health assessment report given to it under section 297(3), the board must decide whether the registrant is impaired. (2) Subsection (1) does not limit the matters the board may consider in making the decision. 299 Decision about action to be taken for impaired registrant (1) This section applies if the board decides, under section 298(1), the registrant is impaired. (2) The board must decide to do 1 or more of the following— (a) impose conditions on the registrant’s registration, including, for example— (i) requiring the registrant to carry out the registrant’s practice under supervision; or (ii) requiring the registrant to attend counselling or a rehabilitation service; (b) order the registrant to attend at the reasonable times and reasonable places decided by the board for further health assessments, including, for example, random urine drug screening, blood tests or hair tests; Page 184 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 300] (c) with the registrant’s agreement, enter into an undertaking with the registrant about the registrant’s professional conduct or practice; (d) conduct an investigation of the registrant under the investigation part; (e) refer the matter under section 126 for hearing by a panel or the tribunal; (f) take no further action relating to the matter. (3) However, the board may enter into an undertaking with the registrant under subsection (2) only if the board— (a) is satisfied the registrant is competent to enter into the undertaking; and (b) has advised the registrant that a failure to comply with the undertaking is a ground for disciplinary action. (4) If the board decides to impose conditions on the registrant’s registration or enter into an undertaking with the registrant, it must also decide whether details of the conditions or undertaking must be recorded in the board’s register for the period for which the conditions or undertaking is in force. (5) The board must decide not to record details of the conditions or undertaking in its register unless it reasonably believes it is in the interests of users of the registrant’s services or the public to know the details. (6) Also, if the board’s decision is to impose conditions on the registrant’s registration or make an order under subsection (2)(b), the board must decide the period, not more than 3 years from the day the decision takes effect, after which the registrant may ask for another health assessment under section 306. 300 Decision about action to be taken for registrants who are not impaired (1) This section applies if, under section 298(1), the board decides the registrant is not impaired. Current as at 1 July 2013 Page 185
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 301] (2) If the board reasonably believes another ground for disciplinary action exists in relation to the registrant, the board may— (a) conduct an investigation of the registrant under the investigation part; or (b) deal with the matter by taking disciplinary proceedings under part 6, division 4; or (c) refer the matter under section 126 for hearing by a panel or the tribunal. Division 5 Action after decision about impairment 301 Notification of board’s decision (1) As soon as practicable after making its decision under section 298, 299 or 300, the board must give written notice of the decision to the registrant. (2) The notice must state the following— (a) the board’s decision— (i) if the notice relates to the board’s decision under section 298—about whether the registrant is impaired; and (ii) if the notice relates to the board’s decision under section 299 or 300—about the action, if any, the board has decided to take in relation to the matter; (b) the reasons for the decision, including the reasons for any proposed action; (c) for a decision that the registrant is impaired or a decision under section 299(2)(a) or (b), (4) or (6)— (i) that the registrant may apply to the tribunal for a review of the decision; and Page 186 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 302] (ii) how, and the period within which, the registrant may apply for the review; and (iii) the right the registrant has to have the operation of the decision stayed under the QCAT Act, section 22; (d) for a decision ordering the registrant to attend for further health assessments—that the health assessments must be conducted at the registrant’s expense. (3) The decision takes effect on the later of— (a) the day the notice is given to the registrant; or (b) the day of effect stated in the notice. 302 Additional information to be included in notice (1) This section applies if the board decides, under section 298, that a registrant is impaired. (2) The notice under section 301 must also state— (a) for a decision to impose conditions on the registrant’s registration— (i) the fact that conditions have been imposed must be recorded in the board’s register for the period for which the conditions are in force; and (ii) if details of the conditions must be recorded in the register—the details that must be recorded in the register for the period for which the conditions are in force; and (iii) if details of the conditions must be recorded—the reason why the details must be recorded; and (iv) the period after which the registrant may ask for another health assessment under section 306; and (b) for a decision to enter into an undertaking with the registrant— (i) the fact that the registrant and the board have entered into an undertaking must be recorded in the Current as at 1 July 2013 Page 187
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 303] board’s register for the period for which the undertaking is in force; and (ii) if details of the undertaking must be recorded in the register—the details that must be recorded in the register for the period for which the undertaking is in force; and (iii) if details of the undertaking must be recorded—the reason why the details must be recorded. 303 Conditions and undertakings to be recorded in board’s register (1) This section applies if the board made a decision under section 299 to impose conditions on a registrant’s registration, or a decision under section 276 or 299 to enter into an undertaking with a registrant. (2) As soon as practicable after imposing the conditions or entering into the undertaking, the board must record in its register, for the period for which the conditions or undertaking is in force— (a) the fact that conditions have been imposed on the registrant’s registration or an undertaking entered into with the registrant; and (b) if the board decides under section 276(5) or 299(4) to record details of the conditions or undertaking in its register—the details. 304 Notification of other entities (1) As soon as practicable after a board makes a decision under section 275, 276, 277, 298, 299 or 300 relating to a registrant, a board must give a written notice about the decision to— (a) the commission; and (b) the complainant, if the matter relates to a complaint. (2) However, the board must give notice to the commission only if the matter is a result of— Page 188 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 305] (a) a complaint made to the commission and referred to the board; or (b) a complaint made to the board by a user of the registrant’s services or an entity acting on behalf of a user of the registrant’s services. (3) The notice to the commission must include the information given to the registrant in the notice under section 278 or 301. (4) The notice to the complainant must only include the following information— (a) a statement that the matter has been dealt with by the board; (b) whether conditions have been imposed on the registrant’s registration or an undertaking entered into between the registrant and the board; (c) if details of the conditions or undertaking must be recorded in the board’s register—the details of the conditions or undertaking that must be recorded while the conditions or undertaking is in force. Division 6 Miscellaneous 305 Conditions or order in force until further decision made (1) This section applies if, under section 299(2), a board decides— (a) to impose conditions on a registrant’s registration; or (b) to order the registrant to attend for further health assessments. (2) Subject to any review of the board’s decision by the tribunal, the conditions or order remains in force until— (a) the registrant asks for another health assessment (the further assessment ) to be conducted; and Current as at 1 July 2013 Page 189
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 7 Management of impaired registrants by boards [s 306] (b) the board makes a decision under section 298 and, if relevant, section 299 about the further assessment. 306 Registrant may request further health assessment (1) This section applies if— (a) a board imposes conditions on a registrant’s registration or makes an order in relation to a registrant under section 299(2); and (b) the period stated by the board under section 299(6) during which the registrant may not ask for a further assessment has ended. (2) The registrant may, by written notice to the board, ask the board to arrange a further assessment of the registrant. (3) The further assessment of the registrant must be conducted at the registrant’s expense. 307 Use of assessment report (1) An assessment report is not admissible in any proceedings, other than proceedings under this Act. (2) A person can not be compelled to produce the report, or to give evidence relating to the report or its contents, in any proceedings, other than proceedings under this Act. (3) Subsections (1) and (2) do not apply if the report is admitted or produced, or evidence relating to the report or its contents is given, with the consent of the person who prepared the report and the registrant to whom the report relates. (4) In this section— assessment report means the following and includes a copy of the report, or a part of the report or copy— (a) an assessment report prepared under section 296(1); (b) an external assessment report. Page 190 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 8 Powers resulting from action under foreign law [s 308] proceedings under this Act includes a health assessment by a health assessment committee but does not include proceedings for an offence against this Act. 308 Board must pay cost of assessments If a board establishes a health assessment committee, the board must pay the costs of— (a) the health assessment conducted by the committee; and (b) an external assessment required by the committee. Part 8 Powers resulting from action under foreign law Division 1 Preliminary 309 Purpose of pt 8 The purpose of this part is to protect the public by enabling disciplinary action taken under a foreign law to be applied to a registrant’s registration without taking disciplinary proceedings under this Act. 310 Definition for pt 8 In this part— foreign law , in relation to a registrant’s registration, means— (a) for a medical practitioner—a law applying in a foreign country providing for the registration, licensing or certification of registrants under an authority established by a law applying in the country; or (b) for another type of registrant—a law applying in a foreign country, other than New Zealand, providing for Current as at 1 July 2013 Page 191
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 8 Powers resulting from action under foreign law [s 311] the registration, licensing or certification of registrants under an authority established by a law applying in the country. Division 2 Action taken by board on basis of foreign law 311 Board may take action on basis of foreign law (1) This section applies if— (a) after a registrant is registered under the health practitioner registration Act establishing the registrant’s board— (i) the registrant’s registration, licence or certification under a foreign law relating to the registrant’s profession is suspended or cancelled for a reason relating to a matter for which disciplinary action could be taken under this Act; or (ii) conditions are imposed on the registrant’s registration, licence or certification under a foreign law relating to the registrant’s profession for a reason relating to a matter for which disciplinary action could be taken under this Act; and (b) the board reasonably believes that, to achieve the objects of this Act, it is necessary for the registrant’s registration in Queensland to be affected in the same way. (2) The board must give the registrant a written notice that states the following— (a) the board intends to suspend or cancel, or impose conditions on, the registrant’s registration (the proposed action ); (b) the ground for the proposed action; (c) an invitation to the registrant to show, by written submission given to the board within a stated time of at Page 192 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 8 Powers resulting from action under foreign law [s 312] least 14 days after the registrant receives the notice, why the proposed action should not be taken. (3) The board must consider any submission made under subsection (2) and decide whether or not to take the proposed action. (4) As soon as practicable after the board makes the decision, the board must give written notice of the decision to the registrant and the commission (the decision notice ). (5) If the board decides to take the proposed action, the decision notice must state the following— (a) the reasons for the decision; (b) that the registrant has a right to have the decision reviewed by the tribunal; (c) how, and the period within which, the registrant may apply for the review; (d) the right the registrant has to have the operation of the decision stayed under the QCAT Act, section 22. (6) A decision to take the proposed action takes effect on the later of— (a) the day the decision notice is given to the registrant; or (b) the day of effect stated in the notice. (7) Also, as soon as practicable after taking the proposed action, the board must give the commission written notice of the decision. (8) This section does not limit the disciplinary action a disciplinary body may take under this Act. 312 Further action by board relating to proposed action (1) Subsection (2) applies if the registrant’s board takes the proposed action. (2) The board must— Current as at 1 July 2013 Page 193
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 8 Powers resulting from action under foreign law [s 313] (a) if the board suspends the registrant’s registration—decide to end the suspension if the suspension under the foreign law is ended; and (b) if the board cancels the registrant’s registration—decide to reinstate the registrant’s registration if the registrant’s registration, licence or certification under the foreign law is reinstated; and (c) if the board imposes conditions on the registrant’s registration and the conditions under the foreign law are removed—remove the conditions; and (d) if the board imposes conditions on the registrant’s registration and the conditions under the foreign law are changed—change the conditions in the same way. (3) As soon as practicable after the board makes the decision the board must give written notice of the decision to the registrant and the commission. (4) The decision takes effect on the later of— (a) the day the notice is given to the registrant; or (b) the day of effect stated in the notice. (5) This section does not limit the disciplinary action a disciplinary body may take under this Act. Division 3 Records 313 Record to be made in register (1) This section applies if— (a) a registrant’s registration is suspended or cancelled under section 311; or (b) conditions are imposed on a registrant’s registration under section 311, or conditions on a registrant’s registration are changed under section 312(2)(d); or Page 194 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 314] (c) a person’s registration is reinstated under section 312(2)(b). (2) As soon as practicable after the event mentioned in subsection (1) happens, the board must— (a) if the registrant’s registration is cancelled—remove the registrant’s name from its register; and (b) if the registrant’s registration is suspended—record in its register for the period for which the suspension is in force that the registrant’s registration is suspended; and (c) if conditions are imposed on the registrant’s registration—record in its register for the period for which the conditions are in force— (i) that the registrant’s registration is subject to conditions; and (ii) details of the conditions; and (d) if the person’s registration is reinstated—again register the person. Part 9 Reviews and appeals Division 1 Preliminary 314 Purposes of pt 9 The purposes of this part are to provide for— (a) the review of certain decisions under this Act; and (b) review of certain decisions by QCAT; and (c) appeals from certain decisions under this Act to the Court of Appeal. Current as at 1 July 2013 Page 195
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 315] Division 2 Review of conditions imposed under decision of panel 315 Reviews of conditions imposed under decision of panel Conditions imposed on a registrant’s registration under section 201(2)(b) or 324 by a panel may be reviewed under this division. 316 Who may have conditions reviewed (1) The registrant to whom the conditions relate may have the conditions reviewed. (2) However, the registrant may not have the conditions reviewed— (a) during the period stated in the panel’s decision under section 201(3) or 324(3); or (b) while a review by the tribunal about the decision is pending. 317 How to start a review (1) A review is started by the registrant filing a notice in the approved form (a notice of review ) with the secretary. (2) The notice of review must require the registrant to state— (a) that the registrant believes the conditions are no longer appropriate; and (b) the reasons for the registrant’s belief. 318 Secretary to give notice of review to particular persons (1) The secretary must, within 14 days after the notice of review is filed, give written notice— (a) to the registrant’s board; and (b) to the commission. Page 196 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 319] (2) The secretary’s notice must— (a) state that a notice of review of the conditions relating to the registrant has been filed; and (b) be accompanied by a copy of the notice of review. 319 Secretary to establish panel (1) As soon as practicable after the notice of review is filed, the secretary must establish a panel to review the conditions (a review panel ). (2) Part 2, division 3, subdivision 2 applies to the establishment of a review panel as if the review panel were being established to hear a disciplinary matter referred by a board under section 126. (3) To remove any doubt, it is declared that a member of the review panel may be a person who was a member of the panel that made the decision to impose the conditions (the original panel ). 320 Review may be by hearing or written submission (1) The review panel must decide whether it— (a) will conduct a hearing for the review; or (b) will conduct the review on the basis of written submissions. (2) The review panel may decide to conduct the review on the basis of written submissions only if the panel reasonably believes it is appropriate and fair to do so in the circumstances. 321 Notice about hearing (1) The secretary must give the parties written notice about the review panel’s intention to conduct a hearing for the review. (2) The notice must state the following— Current as at 1 July 2013 Page 197
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 322] (a) the time and place of the hearing; (b) that the registrant must attend the hearing; (c) that the registrant’s board may, under section 182, nominate a board member or other person to appear at the hearing on behalf of the board; (d) that the registrant or board’s nominee may be accompanied by a lawyer or another person. (3) The time of the hearing stated in the notice under subsection (2)(a) must be at least 14 days after the registrant receives the notice. 322 Review by hearing (1) The procedure for the hearing for a review must be in accordance with part 6, division 5, subdivision 2, other than sections 174, 175, 177 and 178. (2) In conducting the hearing, the review panel may have regard— (a) to any evidence or other material considered by the original panel; and (b) to any decisions, including the reasons for the decisions, made by the original panel. (3) Subsection (2) does not limit the matters to which the review panel may have regard in making its decision. 323 Review by written submissions (1) If the review panel decides to conduct the review on the basis of written submissions— (a) the panel must decide a reasonable time within which it will accept written submissions; and (b) the secretary must give the parties written notice that the review is to be conducted on the basis of written submissions. Page 198 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 324] (2) The notice must state the time, decided under subsection (1)(a), within which the review panel will accept written submissions. (3) In conducting the review, the review panel may have regard— (a) to any evidence or other material considered by the original panel; and (b) to any decisions, including the reasons for the decisions, made by the original panel. (4) Subsection (3) does not limit the matters to which the review panel may have regard. 324 Powers of review panel on review (1) After reviewing the conditions imposed by the original panel, the review panel must decide— (a) to confirm the conditions; or (b) to remove the conditions; or (c) to change the conditions; or (d) to remove the conditions and replace the conditions with another action a panel may take under section 201(2). (2) In making its decision under subsection (1), section 204 applies to the review panel as if the panel’s decision on the review were a decision made under section 201(2). (3) If the review panel’s decision under subsection (1) (the review decision ) imposes conditions on the registrant’s registration, section 201(3) applies as if the review decision were a decision under section 201(2). (4) If the review decision is of a type mentioned in section 201(2), section 202 applies as if the review decision were a decision made under section 201(2). (5) Part 6, division 5, subdivision 5 applies to a review decision as if it were a decision made under section 201(2). Current as at 1 July 2013 Page 199
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 325] Division 3 Review by tribunal 325 Reviewable decisions (1) Each of the following decisions of a board is a reviewable decision — (a) a decision under section 59(2) to suspend, or impose conditions on, a registrant’s registration; (b) a decision under section 298(1) that a registrant is impaired; (c) a decision— (i) under section 299(2) to impose conditions on a registrant’s registration or order a registrant to attend for further health assessments; or (ii) under section 299(4) to record details of conditions or an undertaking in the board’s register; or (iii) under section 299(6) about the period after which a registrant may ask for another health assessment; (d) a decision under section 311 to suspend or cancel, or impose conditions on, a registrant’s registration. (2) Each of the following decisions of a panel is a reviewable decision — (a) a decision under section 200(1) about whether a ground for disciplinary action against a registrant is established; (b) a decision under section 201(2) or 203(2)(b) to take disciplinary action against a registrant; (c) a decision under section 201(3) or 324(3) about the period within which a registrant may not apply for a review of a decision; (d) a decision under section 202(1) to record that a registrant has been given advice or a caution or reprimand and the period for which it is to be recorded, or to record details of conditions or an undertaking; Page 200 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 326] (e) a decision under section 324 to confirm, remove or change conditions, or remove conditions and replace the conditions with another action a panel may take under section 201(2). 326 Who may apply for review The following persons may apply, as provided under the QCAT Act, to the tribunal for a review of a reviewable decision— (a) the registrant to whom the reviewable decision relates; (b) the registrant’s board, if the reviewable decision was made by a panel. 327 Notice to be given to commission (1) The principal registrar must, within 14 days after an application for review of a reviewable decision is filed in the registry, give written notice of the review to the commission. (2) The notice must— (a) state that an application for review has been filed; and (b) be accompanied by a copy of the application. 328 Review of decision under s 59(2) (1) This section applies if a registrant files an application for review by the tribunal of a decision made under section 59(2) in relation to the registrant’s registration. (2) The tribunal must not grant a stay of the decision. (3) The tribunal must finalise the review as quickly as possible. 329 Panel making decision under s 324 not a party (1) This section applies if a panel makes a decision to confirm, remove or change conditions, or remove conditions and replace the conditions with another action, under section 324. Current as at 1 July 2013 Page 201
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 330] (2) The panel is not a party to any proceeding in the tribunal’s review jurisdiction relating to the decision. 330 Reviews by hearing (1) The procedure for the hearing of a review is set out under— (a) part 6, division 6, subdivision 2, other than section 215; and (b) the QCAT Act. (2) However, for subsection (1)(a)— (a) a reference in section 213 to a referral notice is taken to be a reference to an application for review; and (b) a reference in section 222 to an impairment matter is taken to be a reference to a reviewable decision mentioned in section 325(1)(b) or (c). 331 Powers of tribunal on review (1) In deciding the review of the reviewable decision, the tribunal may— (a) for a reviewable decision mentioned in section 325(1)(a)—confirm or set aside the reviewable decision; or (b) otherwise— (i) confirm the reviewable decision; or (ii) set aside the reviewable decision; or (iii) change the reviewable decision in the way the tribunal considers appropriate; or (iv) set aside the reviewable decision and replace it with a decision the tribunal may make under section 241 or 243. (2) A changed decision that results from the tribunal acting under subsection (1)(b)(iii) may be any decision mentioned in section 241(2) or 243(2) but must not be another decision. Page 202 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 337] (3) If the tribunal makes a decision under subsection (1)(a), the principal registrar must give written notice of the decision and the reasons for the decision to the registrant, the registrant’s board and the commission. (4) In making its decision under subsection (1)(b) (a review decision ), section 240(2) or (3) or 244 applies as if the review decision were a decision made under section 240(1), 241(2) or 243(2). (5) If the review decision is a decision of a type mentioned in section 241(3), that subsection applies as if the review decision were a decision made under section 241(2). (6) If the review decision is a decision of a type mentioned in section 241(2), section 242 applies as if the review decision were a decision made under section 241(2). (7) Part 6, division 6, subdivisions 6 and 7 apply to a review decision as if it were a decision made under section 240(1) or section 241(2) or 243(2). Division 4 Review of certain tribunal decisions 337 Decisions that may be reviewed Each of the following decisions of the tribunal (a tribunal review decision ) is a decision that may be reviewed by the tribunal under its original jurisdiction under the QCAT Act— (a) a decision under section 240(1) if the decision is that a registrant is impaired; (b) a decision under section 241(2)(b) to impose conditions on a registrant’s registration or under section 241(2)(h) to set conditions under which the registrant may practise after the end of the suspension period; (c) a decision under section 241(2)(f) to order a registrant to attend for further health assessments; (d) a decision under section 241(2)(l) to order a registrant to do something or refrain from doing something; Current as at 1 July 2013 Page 203
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 338] (e) a decision under section 331 or 345 of a type mentioned in paragraphs (a) to (d); (f) a decision that is a tribunal review decision under section 353(1). 338 Who may have decision reviewed (1) The registrant to whom the tribunal review decision relates may have the decision reviewed. (2) However, the registrant may not have the decision reviewed— (a) during the period stated in the tribunal’s decision under section 241(3), 331(5) or 345(4); or (b) during the period stated in the Court of Appeal’s decision under section 353(3); or (c) while an appeal to the Court of Appeal about the decision is pending. 339 Application for review An application for review of a tribunal review decision must— (a) be made as provided under the QCAT Act; and (b) state— (i) that the registrant believes the decision is no longer appropriate; and (ii) the reasons for the registrant’s belief. 340 Registrar to give copy of application to particular persons (1) The principal registrar must, within 14 days after a registrant applies for a review of the tribunal review decision as provided under the QCAT Act, give written notice— (a) to the registrant’s board; and Page 204 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 343] (b) to the commission. (2) The principal registrar’s notice must— (a) state that an application for review of the tribunal review decision has been made; and (b) be accompanied by a copy of the application. 343 Review by hearing (1) The procedure for the hearing for a review must be in accordance with part 6, division 6, subdivision 2, other than section 215. (2) However, for subsection (1)— (a) a reference in section 213 to a referral notice is taken to be a reference to an application for review under the QCAT Act; and (b) a reference in section 222 to an impairment matter is taken to be a reference— (i) to a tribunal review decision mentioned in section 337(a); or (ii) a tribunal review decision mentioned in section 337(e) if the decision is that a registrant is impaired. (3) In conducting the hearing, the tribunal may have regard— (a) to any evidence or other material considered by the tribunal in making the tribunal review decision; and (b) to any decisions, including the reasons for the decisions, made by the tribunal in making the tribunal review decision. (4) Subsection (3) does not limit the matters to which the tribunal may have regard. Current as at 1 July 2013 Page 205
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 345] 345 Powers of tribunal on review (1) After reviewing the tribunal review decision, the tribunal must decide— (a) to confirm the tribunal review decision; or (b) to set aside the tribunal review decision; or (c) to change the tribunal review decision in the way the tribunal considers appropriate; or (d) to set aside the tribunal review decision and replace it with another decision. (2) For subsection (1)(c) or (d), the tribunal may only make a decision it could have made at the time the tribunal review decision was made. (3) In making its decision under subsection (1) (the decision on review )— (a) if the tribunal review decision is that the registrant is impaired—section 240(3) applies as if the decision on review were a decision made under section 240(1); and (b) otherwise—section 244 applies as if the decision on review were a decision made under section 241(2) or 243(2). (4) If the decision on review is a decision of a type mentioned in section 241(3), that subsection applies as if the decision on review were a decision made under section 241(2). (5) If the decision on review is a decision under subsection (1)(c) or (d), the tribunal must also make a decision under section 242 as if the decision on review were a decision made under section 241(2). (6) Part 6, division 6, subdivisions 6 and 7 apply to a decision on review as if it were a decision made under section 240(1) or section 241(2) or 243(2). Page 206 Current as at 1 July 2013
Division 5 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 9 Reviews and appeals [s 346] Appeals to Court of Appeal from decisions of tribunal 346 Tribunal decisions that are appealable Each of the following decisions of the tribunal is an appealable decision for this division— (a) a decision under section 240(1) about whether a ground for disciplinary action against a registrant is established; (b) a decision under section 241(2) or 243(2) to take disciplinary action against a registrant; (c) a decision under section 345. 347 Who may appeal The following persons may appeal to the Court of Appeal against an appealable decision— (a) the registrant to whom the appealable decision relates; (b) the registrant’s board. 350 Appellant to give notice of appeal to particular persons (1) Within 14 days after filing a notice starting the appeal to the Court of Appeal, the appellant must give a copy of the notice— (a) if the appellant is the registrant—to the registrant’s board and the commission; or (b) if the appellant is the registrant’s board—to the registrant and the commission. (2) If a registrant or a board is given a copy of the notice under subsection (1), the registrant or board is the respondent for the appeal. Current as at 1 July 2013 Page 207
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 10 Inspectors [s 353] 353 Court’s decision may be tribunal review decision (1) In deciding the appeal, the Court of Appeal may decide that its decision is a tribunal review decision for section 337. (2) If the court decides that its decision is a tribunal review decision, it must state a period in which the decision is not reviewable under division 4. Part 10 Inspectors Division 1 Preliminary 354 Purpose of pt 10 The purpose of this part is to provide for— (a) the function and powers of inspectors; and (b) the appointment of inspectors to enforce compliance with this Act. Division 2 Inspectors’ function and powers 355 Function of inspector An inspector has the function of conducting investigations to enforce compliance with this Act. 356 Powers of inspector For this Act, an inspector has the powers given to the person under this Act. Page 208 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 10 Inspectors [s 357] 357 Limitation on powers of inspector The powers of an inspector may be limited under a condition of appointment. Division 3 Appointment of inspectors and other matters 358 Who may be appointed as inspector (1) A board may appoint the following persons as an inspector— (a) a member of the board; (b) the executive officer; (c) if the executive officer agrees—a member of the office’s staff the board considers has the necessary expertise or experience to be an inspector; (d) another person the board considers has the necessary expertise or experience to be an inspector. (2) Also, the secretary is an inspector for the purposes of this Act. (3) A person appointed as an investigator may also be appointed as an inspector. 359 Inspector’s appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. (2) An inspector, other than the secretary— (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and (b) may resign by signed notice of resignation given to the board. Current as at 1 July 2013 Page 209
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 10 Inspectors [s 360] 360 Inspector’s identity card (1) A board must give an identity card to each inspector the board appoints. (2) The chief executive must give an identity card to the secretary. (3) The identity card must— (a) contain a recent photograph of the inspector; and (b) be signed by the inspector; and (c) identify the person as an inspector for this Act; and (d) include an expiry date. (4) This section does not prevent the issue of a single identity card to a person— (a) if the person is appointed as an inspector for this Act by more than 1 board; or (b) for this Act and other Acts. 361 Failure to return identity card A person who ceases to be an inspector must give the person’s identity card— (a) if the person is the secretary—to the chief executive within 7 days after the person ceases to be the secretary, unless the person has a reasonable excuse; or (b) otherwise—to the executive officer within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. 362 Display of inspector’s identity card (1) An inspector may exercise a power in relation to someone else (the other person ) only if the inspector— Page 210 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 10 Inspectors [s 363] (a) first produces the inspector’s identity card for the other person’s inspection; or (b) has the identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for the other person’s inspection at the first reasonable opportunity. Division 4 Particular powers of inspectors 363 Power to require information (1) This section applies if an inspector reasonably believes— (a) an offence against this Act has been committed; and (b) a person may be able to give information about the offence. (2) The inspector may, by written notice given to the person, require the person to give information, including a document, about the offence to the inspector at a stated reasonable time and place. (3) The person must comply with a requirement under subsection (2), unless the person has a reasonable excuse. Maximum penalty for subsection (3)—50 penalty units. 364 Self-incrimination For section 363, it is a reasonable excuse for an individual to fail to give stated information if giving the information might tend to incriminate the individual. 365 False or misleading information (1) A person must not give information to an inspector that the person knows is false or misleading in a material particular. Current as at 1 July 2013 Page 211
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 10 Inspectors [s 366] Maximum penalty—50 penalty units. (2) If the information given is a document, subsection (1) does not apply if the person, when giving the document— (a) informs the inspector to the best of the person’s ability, how it is false or misleading; and (b) gives the correct information to the inspector if the person has, or can reasonably obtain, the correct information. 366 Inspection of produced document (1) If an inspector reasonably believes a document produced to the inspector may be relevant to an investigation being conducted by the inspector, the inspector may— (a) make a copy of, or take an extract from, it; or (b) keep the document while it is necessary for the investigation. (2) If the inspector keeps the document, the inspector must permit a person otherwise entitled to possession of it to inspect, make a copy of, or take an extract from, the document, at the reasonable time and place decided by the inspector. Division 5 Impersonation of inspectors 367 Impersonation A person must not pretend to be an inspector. Maximum penalty—50 penalty units. Page 212 Current as at 1 July 2013
Part 11 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 11 Legal proceedings [s 367A] Legal proceedings Division 1 Evidence 367A Application of div 1 This division applies to a proceeding under this Act. 367B Appointments and authority (1) It is not necessary to prove— (a) a relevant person’s appointment; or (b) the authority of a relevant person to do anything under this Act. (2) In this section— relevant person means any of the following— (a) a member of a board or a disciplinary committee; (b) a member of a panel; (c) an assessor; (d) a member of a panel of assessors; (e) an investigator or inspector; (f) the executive officer or a member of the staff of the office; (g) the secretary or principal registrar; (h) a commission member or officer under the Health Quality and Complaints Commission Act 2006 ; (i) a member of a health assessment committee; (j) a person appointed under section 108 to conduct a health assessment. Current as at 1 July 2013 Page 213
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 11 Legal proceedings [s 367C] 367C Signatures A signature purporting to be the signature of the Minister, an investigator, an inspector, the executive officer or a member of the staff of the office is evidence of the signature it purports to be. 367D Evidentiary provisions (1) A certificate purporting to be signed by the executive officer and stating any of the following matters is evidence of the matter— (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction, requirement or order; (iii) a record, or an extract from a record; (b) a stated document is an undertaking given, entered into or approved under this Act; (c) a stated document is a complaint made under this Act or further information given about a complaint; (d) a stated document is a complaint made under the Health Rights Commission Act 1991 or Health Quality and Complaints Commission Act 2006 and referred to a board, or further information given about a complaint; (e) a stated document is another document kept under this Act; (f) a stated document is a certificate of registration; (g) a stated document is a register, or an extract from a register, kept under a health practitioner registration Act; (h) a stated document is a copy of a thing mentioned in paragraph (a), (b), (c), (d), (e), (f) or (g); (i) on a stated day, or during a stated period, a stated person was or was not a registrant; Page 214 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 11 Legal proceedings [s 368] (j) on a stated day, or during a stated period, a registration— (i) was or was not in force; or (ii) was or was not subject to a stated condition; (k) on a stated day, a registration was cancelled; (l) on a stated day, or during a stated period, an undertaking was or was not in force; (m) on a stated day, or during a stated period, an appointment of a person as an investigator or inspector was, or was not, in force; (n) on a stated day, a stated person was given a stated notice or direction under this Act; (o) on a stated day, a stated requirement was made of a stated person; (p) on a stated day, a code of practice or a provision of a code of practice, was, or was not, in force. (2) A statement, in a complaint forming the basis for disciplinary proceedings under this Act, of the date on which the matter of the complaint came to the knowledge of the complainant is evidence that the matter came to the knowledge of the complainant on that date. Division 2 Proceedings 368 Indictable and summary offences (1) An offence against section 389 or 391 is an indictable offence. (2) Any other offence against this Act is a summary offence. 369 Proceedings for indictable offences (1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— Current as at 1 July 2013 Page 215
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 11 Legal proceedings [s 370] (a) by way of summary proceeding under the Justices Act 1886 ; or (b) on indictment. (2) A magistrate must not hear an indictable offence summarily if— (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or (b) the magistrate considers the charge should be prosecuted on indictment. (3) If subsection (2) applies— (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) a plea of the person charged at the start of the proceeding must be disregarded; and (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104(2)(b). 370 Limitation on who may summarily hear indictable offence (1) The proceeding must be before a magistrate if it is a proceeding— (a) for the summary conviction of a person on a charge for an indictable offence; or (b) for an examination of witnesses for a charge for an indictable offence. (2) However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . Page 216 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 371] 371 Limitation on time for starting summary proceedings A proceeding for a summary offence against this Act by way of summary proceeding under the Justices Act 1886 must start— (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. 372 Allegations of false or misleading information or documents In any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’. 373 Penalties to be paid to board All penalties recovered as a result of proceedings for offences against this Act brought by a board must be ordered to be paid to the board. Part 12 General Division 1 Codes of practice 374 Board may develop code of practice (1) A board may develop codes of practice, or adopt another entity’s code of practice, to provide guidance to its registrants as to appropriate professional conduct or practice. Current as at 1 July 2013 Page 217
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 375] (2) In developing or amending a code of practice, or before adopting a code of practice, the board must consult with— (a) the commission; and (b) community groups and other entities in the State that the board considers have an interest in consumer health issues; and (c) professional associations in the State that the board considers are representative of the profession for which the board is established; and (d) universities and training institutions that— (i) are established in Queensland; and (ii) are engaged in the education of students for the profession for which the board is established; and (e) professional colleges established in Australia that the board considers are relevant to the profession for which the board is established; and (f) any other entity the Minister directs the board to consult with. (3) A code of practice, or an amendment of a code of practice, has no effect until it is approved by the Minister by gazette notice. (4) The board must review its codes of practice on a regular basis. 375 Inspection of code etc. (1) The executive officer must keep copies of codes of practice developed or adopted by a board and approved under section 374 open for inspection at the office by members of the public during ordinary office hours. (2) Also, a board must ensure that its registrants are notified of the approval of a code of practice and any amendment of the code. Page 218 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 376] 376 Use of code of practice in disciplinary proceedings (1) A code of practice developed or adopted by a board and approved under section 374 is admissible as evidence in disciplinary proceedings brought by the board against 1 of its registrants under this Act. (2) The code may only be used to provide evidence, in the disciplinary proceedings, of appropriate professional conduct or practice for the profession. Division 2 Investigations and certain disciplinary proceedings and disciplinary action 377 Certain investigations not to be conducted or continued (1) A board may decide not to conduct or continue an investigation of a registrant if the registrant ceases to be a registrant. (1A) A board may also decide not to continue an investigation of a registrant if the board becomes aware that it is investigating the wrong registrant. (2) In making the decision, the board must have regard to the objects of this Act. (3) A board must not conduct or continue an investigation of a former registrant who is dead or a registrant or former registrant who dies during the investigation. 378 Certain disciplinary proceedings not to be conducted or continued (1) A disciplinary body may decide not to conduct or continue disciplinary proceedings relating to a registrant if the registrant ceases to be a registrant. (2) In making the decision, the disciplinary body must have regard to the objects of this Act. Current as at 1 July 2013 Page 219
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 379] (3) A disciplinary body must not conduct or continue disciplinary proceedings relating to a former registrant who is dead or a registrant or former registrant who dies during the proceedings. 379 Undertakings (1) Subsections (2) and (3) apply if a registrant’s board intends to enter into an undertaking with the registrant under this Act. (2) Before entering into the undertaking, the board must advise the registrant about the consequences of failing to comply with the undertaking, including, for example, that disciplinary action may be taken for a contravention of the undertaking. (3) Also, the undertaking must state the period, not more than 3 years from the day the undertaking starts, for which it is in force. (4) Subsection (5) applies if a registrant’s board enters into an undertaking with the registrant or the tribunal requires a registrant to give the tribunal an undertaking under this Act. (5) The registrant’s board must give the commission a copy of the undertaking if it relates to a complaint— (a) made to the commission and referred to the board; or (b) made to a board by a user of the registrant’s services or an entity acting on behalf of a user of the registrant’s services. 380 Registrant must comply with conditions The registrant must comply with conditions imposed under this Act on the registrant’s registration. Maximum penalty—100 penalty units. 381 Effect of suspension (1) If a registrant’s registration is suspended under this Act, the registrant is, during the period of the suspension, taken not to Page 220 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 381J] be registered under the relevant health practitioner registration Act. (1A) Despite subsection (1), action relating to the registrant may be taken under this Act and for that purpose the registrant continues to be a registrant under the relevant health practitioner registration Act. (2) Subject to any other decision of the tribunal, at the end of the period of suspension, the registrant is registered on the same conditions, and in the same type of registration, that applied to the registrant before the suspension of the registrant’s registration. (3) Subsection (2) is subject to— (a) the registrant paying the registration fee or specialist registration fee prescribed under the relevant health practitioner registration Act; and (b) any conditions imposed on the registrant’s registration under this Act or the health practitioner registration Act. (4) The registrant’s board must, immediately after the suspension ends— (a) return to the registrant the registrant’s certificate of registration; or (b) if the board does not consider it practicable to return the registrant’s certificate of registration—issue another certificate of registration to the registrant to replace the certificate returned to the board. Division 2B Certificates of registration 381J Return of certificate of registration to board if registration suspended or cancelled (1) This section applies if, under this Act, a registrant’s registration is suspended or cancelled. Current as at 1 July 2013 Page 221
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 381K] (2) The registrant must return the registrant’s certificate of registration to the registrant’s board within 14 days after receiving notice about the suspension or cancellation, unless the registrant has a reasonable excuse. Maximum penalty—10 penalty units. 381K Amendment or replacement of certificate of registration (1) This section applies if, under this Act— (a) conditions are imposed on, or removed from, a registrant’s registration; or (b) a board or the tribunal enters into an undertaking with a registrant; or (c) an undertaking entered into by a registrant with the registrant’s board or the tribunal ends. (2) The registrant must return the certificate of registration to the registrant’s board within 14 days after the action mentioned in subsection (1) takes effect, unless the registrant has a reasonable excuse. Maximum penalty—10 penalty units. (3) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or (b) if the board does not consider it practicable to amend the certificate—issue another certificate of registration to the registrant to replace the certificate returned to the board. Page 222 Current as at 1 July 2013
Division 3 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 382] Giving information and notices 382 Board member or executive officer may give chief executive certain information (1) This section applies if, in performing functions under this Act, a board member or the executive officer acquires information about a person that is relevant to whether the person is a suitable person to hold, or to continue to hold, an authority or approval under the Health (Drugs and Poisons) Regulation 1996 . (2) The board member or executive officer may disclose the information to the chief executive. 383 Board to give notice to commission at end of dealing with complaint (1) This section applies if— (a) a complaint about a registrant is being dealt with by the registrant’s board or a disciplinary body under this Act; and (b) the commission has, under the Health Quality and Complaints Commission Act 2006 , section 62(3), 66(3) or 76(3), advised the registrant’s board that the commission intends to conciliate, or continue to conciliate, the complaint. (2) As soon as practicable after the complaint has finished being dealt with under this Act, the registrant’s board must give the commission notice that no further action is to be taken about the complaint under this Act. 384 Board may notify other entities (1) This section applies if— (a) a registrant’s board suspends, or imposes conditions on, the registrant’s registration under section 59(2); or Current as at 1 July 2013 Page 223
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 384] (b) a registrant’s board enters into an undertaking with the registrant under section 118(1)(c)(iv), 276(2)(a) or 299(2)(c); or (c) a registrant’s board takes action relating to the registrant under section 299(2)(a) or (b); or (d) a registrant’s registration is affected under the foreign law part by a decision of the registrant’s board; or (e) a registrant’s registration is affected under the review and appeal part by a decision of a panel, the tribunal or the Court of Appeal. (2) As soon as practicable after the event in subsection (1) happens, the board must give notice about it to interstate regulatory authorities with which the board is aware the registrant is registered. (3) Also, the board may give notice about the event to any of the following— (a) the chief executive; (b) foreign regulatory authorities; (c) professional colleges of which the registrant is eligible to be a member; (d) professional associations of which the registrant is eligible to be a member; (e) an employer of the registrant; (f) Medicare Australia; (g) the Minister; (h) any other entity relevant to the registrant’s practice as a registrant. (4) However, the board must not give a notice about the event to an entity under subsection (3) unless the board reasonably believes that— (a) the entity needs to know about the event; and Page 224 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 385] (b) giving the entity notice about the event will assist in achieving the objects of this Act. (5) A notice under this section may include the information the board considers appropriate in the circumstances. 385 Court or coroner may notify board (1) This section applies if— (a) a registrant is convicted by a court of an indictable offence; or (b) a coroner makes a finding about a matter relevant to a registrant’s practice as a registrant. (2) The registrar or other appropriate officer of the court may give a certificate of conviction to the registrant’s board. (3) The coroner may give a transcript of evidence before the coroner, and the coroner’s findings about the matter, to the registrant’s board. 385A Registrant to give notice of certain convictions to board (1) This section applies if a registrant— (a) is convicted of an indictable offence; or (b) is convicted of an offence against a corresponding law. (2) The registrant must, within 30 days after the conviction, give the registrant’s board notice of the conviction. Maximum penalty—50 penalty units. (3) The notice must be in the approved form. (4) Information in the notice must, if the approved form requires, be verified by a statutory declaration. 385B Registrant to give board notice of certain judgments and settlements (1) This section applies if— Current as at 1 July 2013 Page 225
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 385C] (a) a registrant is a party to proceedings in a court, brought by another party against the registrant, claiming damages or other compensation for alleged negligence by the registrant in the practice of the registrant’s profession; and (b) there is— (i) a judgment in relation to the proceedings; or (ii) a settlement of the proceedings, or part of the proceedings. (2) The registrant must give the registrant’s board notice of the judgment or settlement within 30 days after the date of the judgment or settlement. Maximum penalty—50 penalty units. (3) The notice must be in the approved form. (4) Information in the notice must, if the approved form requires, be verified by a statutory declaration. (5) To remove doubt, it is declared that subsections (2) and (3) apply despite any agreement entered into by the parties to the settlement. (6) Subsection (2) does not apply to a settlement of proceedings under an agreement reached in conciliation under the Health Rights Commission Act 1991 , part 6, Health Quality and Complaints Commission Act 2006 , chapter 6 or a relevant interstate law. (7) In this section— relevant interstate law means a law of another State that provides for the same matter as the Health Quality and Complaints Commission Act 2006 , chapter 6. 385C Registrant to give board notice about certain events (1) This section applies if— (a) a person is registered under a health practitioner registration Act and is also registered, licensed or Page 226 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 386] certified under a corresponding law to practise the same profession; and (b) after the registrant is registered under the health practitioner registration Act, the registrant’s registration, licence or certification under the corresponding law is affected by disciplinary action or is otherwise cancelled, suspended or made subject to a condition or undertaking (the relevant action ). (2) The registrant must, within 30 days after the registration, licence or certification is affected by the relevant action, give the registrant’s board notice about the relevant action. Maximum penalty—50 penalty units. (3) The notice must be in the approved form. (4) Information in the notice must, if the approved form requires, be verified by a statutory declaration. Division 4 Protections 386 Protection of members, legal representatives and witnesses etc. (1) A tribunal member has, in the performance of his or her duties for the tribunal, the same protection and immunity as a District Court judge performing the functions of a judge. (2) Members of a panel have, in the performance of their duties as members, the same protection and immunity as a District Court judge performing the functions of a judge. (3) Members of a board have, in the performance of their duties in carrying out disciplinary proceedings, the same protection and immunity as a District Court judge performing the functions of a judge. (4) An assessor assisting the tribunal has, in the performance of the assessor’s duties for the tribunal, the same protection and immunity as a District Court judge performing the functions of a judge. Current as at 1 July 2013 Page 227
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 386A] (5) A party appearing before the tribunal, a panel or a board has the same protection and immunity as the party would have if the proceedings were being heard before the District Court. (6) A person appearing before the tribunal, a panel or a board as a witness, has the same protection and immunity as a witness attending before the District Court. (7) In this section— party includes a party’s lawyer or agent. 386A Protection of officials from liability (1) An official is not civilly liable for an act done or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to— (a) for an official who is a member of a board—the board of which the official is a member; or (b) for an official who is a member of a health assessment committee or who is asked to prepare an assessment report or expert’s report—the board that appointed the official or asked the official to prepare a report; or (c) for an official who is an investigator or inspector—the board that appointed the official; or (d) for an official who is a person acting under the direction or authority of an investigator—the board that appointed the investigator; or (e) for an official who is the executive officer—the board on whose behalf the official is acting. (3) In this section— official means— (a) a member of a board, other than when the member is performing the member’s duties in carrying out disciplinary proceedings; or (b) a member of a health assessment committee; or Page 228 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 387] (c) a person who is asked by a board to prepare an assessment report or an expert’s report; or (d) an investigator; or (e) an inspector; or (f) a person acting under the direction or authority of an investigator; or (g) the executive officer. 387 Protection for person making complaint or otherwise giving information (1) This section applies to a person who, honestly and on reasonable grounds, gives information to a relevant entity— (a) for the purpose of making a complaint relating to a registrant; or (b) in the course of an investigation; or (c) for another purpose under this Act. (2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (3) Without limiting subsection (2)— (a) in a proceeding for defamation the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice, the person— (i) does not contravene the Act, oath, rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information. (4) In this section— relevant entity means 1 of the following— (a) a board; Current as at 1 July 2013 Page 229
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 388] (b) a panel; (c) the tribunal; (d) an investigator; (e) an investigation committee; (f) a disciplinary committee; (g) a health assessment committee; (h) an inspector. 388 Reprisal and grounds for reprisals (1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, anybody— (a) has made, or may make, a complaint to a board relating to a registrant; or (b) has provided, or may provide, assistance to a board, a disciplinary committee, a health assessment committee, an inspector, an investigator, an investigation committee, a panel or the tribunal. (2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. (3) A contravention of subsection (1) is a reprisal or the taking of a reprisal. (4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. (5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission. 389 Offence for taking reprisal A person who takes a reprisal commits an offence. Page 230 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 390] Maximum penalty—167 penalty units or 2 years imprisonment. 390 Damages entitlement for reprisal (1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result. (2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal. (3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. Division 5 False or misleading information and confidentiality 391 False or misleading information A person commits an offence if the person— (a) makes a statement to a board with the intent that it be acted on as a complaint under this Act or with the intent that it be acted on under section 63; and (b) in the statement, or in the course of an investigation into the statement, intentionally gives information that is false or misleading in a material particular to the board or an investigation committee or investigator. Maximum penalty—167 penalty units or 2 years imprisonment. 392 Confidentiality (1) This section applies to a relevant person who, in performing functions under this Act, acquires or acquired information about another person’s affairs. Current as at 1 July 2013 Page 231
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 392] (1A) However, this section applies to an NRAS relevant person only in relation to information that is not protected information within the meaning of the National Law (Queensland), section 214. Note — See the National Law (Queensland), part 10, division 2 for maintaining confidentiality of protected information within the meaning of section 214 of that Law. (2) The relevant person must not disclose the information to anyone else. Maximum penalty—100 penalty units. (3) However, the relevant person may disclose the information to someone else— (a) to the extent necessary to perform the person’s functions under or relating to this Act, a health practitioner registration Act or the National Law; or (b) if the disclosure is to a disciplinary body or an NRAS disciplinary body; or (c) if the disclosure is to a foreign regulatory authority and the disclosure is necessary for the authority to perform its functions; or (d) if the disclosure is authorised under an Act or the National Law; or (e) if the disclosure is otherwise required or permitted by law; or (f) if the person to whom the information relates agrees to the disclosure; or (g) if the disclosure is in a form that does not disclose the identity of a person; or (h) if the information relates to tribunal proceedings under part 9 or 12A and the proceedings are or were open to the public; or Page 232 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 392] (i) if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in a board’s or national board’s register; or (j) if the disclosure is to the Minister to allow the Minister to act under paragraph (k); or (k) if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information. (4) If the Minister authorises information to be disclosed under subsection (3)(k) about a matter concerning a registrant or NRAS registrant, the Minister must inform the registrant’s board of the authorisation and its purpose. (5) In this section— assessor includes a person chosen, under part 12A, division 4, subdivision 3, by the principal registrar from a panel of assessors mentioned in section 398ZL to assist the tribunal in proceedings under part 12A. former executive officer (medical) means the executive officer appointed under the repealed Medical Board (Administration) Act 2006 before its repeal. former office (medical) means the Office of the Medical Board of Queensland that was established under the repealed Medical Board (Administration) Act 2006 before its repeal. NRAS relevant person means a relevant person carrying out functions under part 12A. panel of assessors includes a professional panel of assessors mentioned in section 398ZL. registrant’s board , in relation to an NRAS registrant, means the NRAS registrant’s board. relevant person means a person who is or was— (a) a member of a board or former board; or (b) a member of a panel; or (c) a member of the tribunal; or Current as at 1 July 2013 Page 233
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 392A] (d) an assessor; or (e) a member of a panel of assessors; or (f) an investigator; or (g) asked by a board to prepare an assessment report or expert’s report; or (h) an inspector; or (i) the executive officer, a member of the office’s staff, the secretary or the principal registrar; or (j) the former executive officer (medical) or a member of the staff of the former office (medical); or (k) a member of a health assessment committee; or (l) an external assessor; or (m) otherwise involved in the administration of this Act. 392A Disclosure to protect health or safety of patients or other persons (1) This section applies if a board reasonably believes that— (a) a registered health practitioner poses, or may pose, a risk to public health; or (b) the health or safety of a patient or a class of patients is or may be at risk because of a registered health practitioner’s practice as a health practitioner. (2) The board may give written notice of the risk and any relevant information about the registered health practitioner to an entity of the Commonwealth or of a State that the board considers may be required to take action in relation to the risk. 393 Board’s annual report must disclose authorisation (1) This section applies if a board is given information under section 392(4) in a financial year about an authorisation. Page 234 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12 General [s 394] (2) The board must include a statement about the authorisation in its annual report under the Financial Accountability Act 2009 for the financial year. (3) The statement must include general details about— (a) the nature of the information disclosed under the authorisation; and (b) the purpose for which the information was disclosed. (4) However, the statement must not identify any person. Division 6 Miscellaneous 394 Board etc. may give combined notice (1) This section applies if a board or the secretary or principal registrar is required under this Act to give a person notices under more than 1 provision. (2) The board, secretary or principal registrar may give the person a combined notice for the provisions. 395 Notices if complainant has not revealed identity (1) This section applies if— (a) a provision of this Act requires a board or disciplinary committee or the secretary or principal registrar (the relevant person ) to give a complainant notice of a matter; and (b) the complainant, when making the complaint— (i) does not identify himself or herself; or (ii) does not provide the complainant’s address. (2) If the complainant does not identify himself or herself, the relevant person is not required to give the complainant the notice. Current as at 1 July 2013 Page 235
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 397] (3) If the complainant does not provide the complainant’s address, the relevant person is not required to give the complainant the notice if, after making reasonable inquiries, the relevant person can not find the complainant. (4) Subsection (3) does not require the relevant person to make inquiries if it would be unreasonable to make inquiries to find the complainant. 397 Forms (1) The secretary may approve forms for use by panels under this Act. (2) A board may approve forms for use, under this Act, in relation to the board. 398 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) Without limiting subsection (1), a regulation may be made about the practice and procedures of a panel. Part 12A Provisions about particular proceedings relating to NRAS registrants Division 1 Preliminary 398A Explanation of pt 12A (1) This part provides for particular matters about particular tribunal proceedings relating to an NRAS registrant. Page 236 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398B] (2) The National Law (Queensland) provides for proceedings relating to an NRAS registrant to be brought before the tribunal. Note — See the National Law (Queensland), sections 193 and 199. (3) Section 398D also provides for proceedings relating to an NRAS registrant to be brought before the tribunal. (4) This part also provides for particular matters about appeals to the Court of Appeal against decisions of the tribunal in proceedings mentioned in subsection (2) or (3). 398B Definitions for pt 12A In this part— assessor means a person chosen, under division 4, subdivision 3, by the principal registrar from a panel of assessors to assist the tribunal. health, conduct or performance action has the meaning it has under the National Law (Queensland). notification means notification under the National Law. notifier means a person who makes a notification to the National Agency under the National Law. NRAS disciplinary matter means— (a) a matter referred to the tribunal under the National Law (Queensland), section 193; or (b) a review of a reviewable decision under the National Law (Queensland), part 8, division 13; or (c) a review of a tribunal review decision under division 3. NRAS disciplinary proceeding means a proceeding before the tribunal for an NRAS disciplinary matter. panel of assessors means a panel of assessors mentioned in section 398ZL. Current as at 1 July 2013 Page 237
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398C] professional panel of assessors means a panel of assessors mentioned in section 398ZL(2). reviewable decision means a decision mentioned in the National Law (Queensland), section 199(1) that is made under part 8 of that Law. tribunal review decision see section 398D(1). Division 2 Jurisdiction of tribunal 398C Jurisdiction of tribunal conferred by National Law (Queensland) (1) Under the National Law (Queensland), the tribunal is given jurisdiction— (a) to hear matters referred by a national board under the National Law (Queensland), section 193; and (b) to review reviewable decisions under the National Law (Queensland), section 199. Notes — 1 The National Law (Queensland), section 199 refers to appeals against decisions mentioned in it. However, references to appeals in the National Law (Queensland) are taken to be references to reviews. See the Health Practitioner Regulation National Law Act 2009 , section 9. 2 The National Law (Queensland), section 199 also confers jurisdiction on the tribunal to review other decisions. (2) For the QCAT Act, this part is taken to be an enabling Act that confers the jurisdiction mentioned in subsection (1) on the tribunal. (3) Subsection (2) applies even though it is the National Law (Queensland) that confers the jurisdiction on the tribunal and, on that basis, is also an enabling Act for the QCAT Act. Page 238 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398D] 398D Jurisdiction of tribunal conferred by this part (1) The tribunal has jurisdiction to review, in its original jurisdiction, each of the following decisions (each a tribunal review decision ) of the tribunal— (a) a decision under the National Law (Queensland), section 196(1)(b)(iv) that an NRAS registered health practitioner has an impairment within the meaning of that Law; (b) a decision under the National Law (Queensland), section 196(2)(b) to impose a condition on an NRAS registered health practitioner’s registration under that Law; (c) a decision under the National Law (Queensland), section 197(1)(a) that an NRAS student has an impairment within the meaning of that Law; (d) a decision under the National Law (Queensland), section 197(2)(a) to impose a condition on an NRAS student’s registration under that Law; (e) a decision under the National Law (Queensland), section 202 to confirm, amend or substitute a reviewable decision; (f) a decision under division 3 if the decision is of a type mentioned in paragraph (a) to (e). (2) The tribunal also has jurisdiction to review, in its original jurisdiction, a decision that is a tribunal review decision under section 398ZK(1). (3) If the tribunal makes a decision mentioned in subsection (1) in relation to an NRAS registrant, the tribunal must state a period, not more than 3 years from the day the decision takes effect, within which the registrant may not apply for a review of the decision under division 3. Note — See section 398ZK(2) in relation to the period within which the registrant may not apply, under division 3, for a review of a decision mentioned in subsection (2). Current as at 1 July 2013 Page 239
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398E] 398E Exercising jurisdiction concurrently (1) The tribunal may start or continue an NRAS disciplinary proceeding relating to an NRAS registrant despite a proceeding before any court or another tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise. (2) The tribunal may deal with more than 1 NRAS disciplinary matter relating to the same NRAS registrant in the same NRAS disciplinary proceeding. (3) If, during an NRAS disciplinary proceeding, it appears to the tribunal that another NRAS disciplinary matter relating to the NRAS registrant exists in addition to the matter the subject of the proceeding, the tribunal may deal with it in the same proceeding. (4) If the tribunal decides to deal with an additional NRAS disciplinary matter under subsection (3), the tribunal— (a) if the NRAS registrant agrees—may continue with the NRAS disciplinary proceeding or adjourn the proceeding for a particular period; or (b) otherwise—must adjourn the NRAS disciplinary proceeding for the period it considers fair in the circumstances before continuing with the proceeding. Division 3 Applying for review of tribunal review decision, and decisions tribunal may make 398F NRAS registrant may apply for review (1) The NRAS registrant to whom a tribunal review decision relates may have the decision reviewed by the tribunal. (2) However, the NRAS registrant may not have the decision reviewed by the tribunal— (a) during the following period— Page 240 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398G] (i) for a decision mentioned in section 398D(1)—the period stated by the tribunal under section 398D(3); or (ii) for a decision the Court of Appeal decides is a tribunal review decision under section 398ZK(1)—the period stated in the Court of Appeal’s decision under section 398ZK(2); or (b) while an appeal to the Court of Appeal against the decision is pending. 398G How application is made An application for the review of a tribunal review decision must— (a) be made as provided under the QCAT Act; and (b) state— (i) that the NRAS registrant believes the decision is no longer appropriate; and (ii) the reasons for the NRAS registrant’s belief. 398H Powers of tribunal on review (1) After reviewing a tribunal review decision, the tribunal must decide— (a) to confirm the tribunal review decision; or (b) to set aside the tribunal review decision; or (c) to change the tribunal review decision in the way the tribunal considers appropriate; or (d) to set aside the tribunal review decision and replace it with another decision. (2) For subsection (1)(c) or (d), the tribunal may only make a decision it could have made— (a) at the time the tribunal review decision was made; or Current as at 1 July 2013 Page 241
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398I] (b) for a tribunal review decision the Court of Appeal decides is a tribunal review decision under section 398ZK(1)—at the time the tribunal’s decision the subject of the appeal before the court was made. Division 4 Procedures etc. applying to all NRAS disciplinary proceedings Subdivision 1 Preliminary 398I Application of div 4 This division applies to an NRAS disciplinary proceeding. 398J Definition for div 4 In this division— relevant decision-making provision means— (a) for a proceeding for a matter about an NRAS registered health practitioner referred by a national board under the National Law (Queensland), section 193—the National Law (Queensland), section 196; or (b) for a proceeding for a matter about an NRAS student referred by a national board under the National Law (Queensland), section 193—the National Law (Queensland), section 197; or (c) for a proceeding for the review of a reviewable decision—the National Law (Queensland), section 202; or (d) for a proceeding for the review of a tribunal review decision—section 398H. Page 242 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398K] Subdivision 2 Constitution of tribunal 398K Constitution of the tribunal The tribunal must be constituted by 1 judicial member. Subdivision 3 Assessors 398L Tribunal to be assisted by assessors (1) In conducting a hearing of an NRAS disciplinary proceeding relating to an NRAS registrant, the tribunal must be assisted by— (a) 1 assessor chosen by the principal registrar from the public panel of assessors; and (b) 2 assessors chosen by the principal registrar from— (i) the professional panel of assessors for the NRAS registrant’s profession; or (ii) if the NRAS registrant is registered in more than 1 profession—the panel of assessors for the profession to which the NRAS disciplinary matter the subject of the proceeding relates. (2) Despite subsection (1), the tribunal may conduct a hearing of an NRAS disciplinary proceeding without the assistance of assessors if the tribunal is satisfied it is necessary because of the urgency of the matter. 398M Choosing assessors generally (1) As soon as practicable after the relevant document for an NRAS disciplinary proceeding is filed in the QCAT registry, the principal registrar must choose assessors to assist the tribunal in a hearing of the proceeding. (2) In this section— Current as at 1 July 2013 Page 243
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398N] relevant document , for an NRAS disciplinary proceeding, means— (a) for a proceeding for a matter referred by a national board under the National Law (Queensland), section 193—the document referring the matter to the tribunal; or (b) for a proceeding for the review of a reviewable decision—the application for the review; or (c) for a proceeding for the review of a tribunal review decision—the application for the review. 398N Particular persons not eligible to be assessors in an NRAS disciplinary proceeding (1) A person is not eligible to be an assessor for a hearing of an NRAS disciplinary proceeding if the person was a member of a national panel that made a decision relating to the NRAS disciplinary matter being heard, including, for example, a decision under the National Law (Queensland), section 190 requiring the national board that established the panel to refer the matter to the tribunal. (2) Before choosing an assessor to assist the tribunal in a hearing of an NRAS disciplinary proceeding, the principal registrar must be satisfied the assessor does not have a personal or professional connection with the NRAS registrant to whom the proceeding relates that may prejudice the way in which the assessor performs the assessor’s functions in the hearing. 398O Requirement about gender balance (1) This section applies if— (a) an NRAS disciplinary proceeding before the tribunal relates to a notification to a national board made by a user of a service provided by an NRAS registrant, or an entity acting on behalf of a user of a service provided by an NRAS registrant; and Page 244 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398P] (b) the constituting member is not the same gender as the user. (2) However, this section does not apply if the notification is a complaint accepted by a former board under section 50(2) before the commencement of this section. Note — Under the National Law (Queensland), sections 288 and 289, complaints made to a former board under this Act before the commencement are taken to be notifications made to a national board. (3) In choosing assessors to assist the tribunal in the hearing of the NRAS disciplinary proceeding, the principal registrar must ensure at least 1 of the assessors is the same gender as the user. 398P Choosing assessors if specialist and technical issues involved (1) A national board that refers a matter to the tribunal under the National Law (Queensland), section 193 must, at the time of the referral— (a) advise the principal registrar whether the matter is likely to raise issues of a specialist or technical nature; and (b) if the matter is likely to raise issues of a specialist or technical nature, advise the principal registrar of the desirable professional background or skills of the assessors to be chosen from the professional panel of assessors. (2) The principal registrar must have regard to the national board’s advice under subsection (1) when choosing the assessors to assist the tribunal in the hearing of the NRAS disciplinary proceeding for the matter. 398Q Function of assessors in compulsory conference (1) This section applies if the tribunal directs the parties to an NRAS disciplinary proceeding to attend a compulsory conference under the QCAT Act. Current as at 1 July 2013 Page 245
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398R] (2) The assessors who are to assist the tribunal in a hearing of the proceeding may take part in the compulsory conference if the tribunal considers it is necessary or desirable for them to take part in the conference. (3) At the end of the compulsory conference, the person presiding over the conference must advise the parties to the proceeding of their rights to object to an assessor who took part in the conference assisting the tribunal in a hearing of the proceeding. (4) A party may object to an assessor who took part in the compulsory conference assisting the tribunal in a hearing of the proceeding. (5) An objection under subsection (4) must be filed in the QCAT registry— (a) within 2 business days after the compulsory conference ends; or (b) if the hearing of the proceeding is to start before the end of the period mentioned in paragraph (a), before the start of the hearing. (6) An assessor who took part in the compulsory conference— (a) may disqualify himself or herself from assisting the tribunal in a hearing of the proceeding, whether or not an objection is filed; and (b) must not assist the tribunal in a hearing of the proceeding if a party objects to the person assisting the tribunal in a hearing of the proceeding. 398R Functions and powers of assessors in hearing (1) The function of an assessor in a hearing of an NRAS disciplinary proceeding is to advise the tribunal about questions of fact arising during the hearing of the proceeding. (2) To enable an assessor to perform the assessor’s function, the assessor may, during the hearing— (a) ask questions of a witness before the tribunal; and Page 246 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398S] (b) discuss any question of fact with a lawyer or other person appearing for a party at the hearing. 398S Member may have regard to assessor’s views In deciding a question of fact before the tribunal in an NRAS disciplinary proceeding, the constituting member may have regard to the views of an assessor assisting the tribunal in the hearing of the proceeding as the member considers appropriate. 398T Procedure if member or assessor unable to take part in hearing (1) This section applies if the tribunal has started to hear an NRAS disciplinary proceeding relating to an NRAS registrant but has not made its final decision and— (a) the constituting member (the first member ) ceases to be qualified to be a tribunal member or, for any other reason, is unable to take further part in the hearing; or (b) an assessor assisting the tribunal in the hearing is, for any reason, unable to take further part in the hearing. (2) If a new member is appointed, the assessors who assisted the first member may be chosen to assist the new member in the hearing. (3) If an assessor is unable to take further part in a hearing of the NRAS disciplinary proceeding, the principal registrar must choose another assessor in the assessor’s place. (4) The other assessor must be chosen from the same panel of assessors from which the previous assessor was chosen. Current as at 1 July 2013 Page 247
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398U] Subdivision 4 Hearings 398U Advice to be given by tribunal in a hearing When conducting a hearing of an NRAS disciplinary proceeding, the tribunal must, if asked to do so by a party— (a) tell the party— (i) the facts and circumstances forming the basis for the tribunal taking action under the relevant decision-making provision in relation to the NRAS registrant; and (ii) what possible action the tribunal may take under the relevant decision-making provision; and (b) explain to the party any aspect of the tribunal’s procedures, or decisions or rulings, relating to the hearing. 398V Particular hearings to be held in private (1) A hearing of an NRAS disciplinary proceeding for an impairment matter is not open to the public unless— (a) the tribunal reasonably believes it is in the public interest for it to be open to the public; or (b) the NRAS registrant asks for it to be open to the public. (2) In this section— impairment matter means— (a) a matter referred to the tribunal by a national board under the National Law (Queensland), section 193, if the referral is made on the ground that the NRAS registrant to whom it relates has or may have an impairment within the meaning of that Law; or (b) the review of a reviewable decision, if the decision is or appears to be made only on the ground that the NRAS registrant has or may have an impairment within the meaning of the National Law (Queensland); or Page 248 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398W] (c) the review of a tribunal review decision, if the decision being reviewed is the tribunal’s final decision in a proceeding for— (i) a matter mentioned in paragraph (a); or (ii) a review mentioned in paragraph (b). 398W Tribunal may excuse NRAS registrant from attendance The tribunal may excuse an NRAS registrant from attending all or part of a hearing of an NRAS disciplinary proceeding relating to the registrant. 398X Tribunal may exclude witnesses from hearing (1) This section applies if a notifier or other witness is to give evidence to the tribunal in a hearing of an NRAS disciplinary proceeding. (2) The tribunal may direct that the notifier or other witness be excluded from a part or all of the hearing until the notifier or witness gives evidence, if the tribunal reasonably believes the attendance of the notifier or witness before giving evidence would seriously prejudice the fairness of the hearing. Subdivision 5 Interim orders and evidence etc. 398Y Interim orders (1) This section applies if— (a) the tribunal is hearing an NRAS disciplinary proceeding relating to an NRAS registrant; and (b) the tribunal reasonably believes it is necessary to make an order (an interim order ) exercising any power conferred on the tribunal under the relevant decision-making provision, pending its final decision. (2) The tribunal may make the interim order. Current as at 1 July 2013 Page 249
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398Z] (3) The interim order must be the least onerous order the tribunal considers necessary in the circumstances. (4) For the interim order, the tribunal may direct the NRAS registrant’s board to include details of the order in the board’s register. (5) To remove any doubt, it is declared that the National Law (Queensland), sections 204 and 205 apply in relation to the interim order and the tribunal’s directions. 398Z Evidence and findings etc. in other proceedings may be received or adopted In conducting an NRAS disciplinary proceeding, the tribunal may— (a) receive in evidence a transcript, or part of a transcript, of evidence taken in a proceeding before a disciplinary body or a court, tribunal or other entity constituted under the law of the State, the Commonwealth, another State or a foreign country, and draw conclusions of fact from the evidence that it considers appropriate; or (b) adopt, as it considers appropriate, decisions, findings, judgments, or reasons for judgment, of a disciplinary body, court, tribunal or other entity that may be relevant to the hearing. Division 5 Additional procedures 398ZA Notice of hearing of proceeding for matter referred by national board (1) This section applies if the tribunal intends to conduct a hearing of an NRAS disciplinary proceeding for a matter about an NRAS registrant referred to the tribunal under the National Law (Queensland), section 193. (2) The principal registrar must give written notice (a hearing notice ) of the tribunal’s intention to the following persons— Page 250 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398ZB] (a) the NRAS registrant; (b) the NRAS registrant’s board; (c) the notifier, if the NRAS disciplinary proceedings relate to a notification; (d) the commission. (3) The hearing notice must state the following— (a) the ground for the tribunal making a decision under— (i) for an NRAS registered health practitioner—the National Law (Queensland), section 196(1)(b); or (ii) for an NRAS student—the National Law (Queensland), section 197(1)(a); (b) the facts and circumstances forming the basis for the ground; (c) the time and place of the hearing; (d) that the NRAS registrant must attend the hearing in person unless excused by the tribunal; (e) that a party may appear in person, or may have a lawyer or another person appear at the hearing on the party’s behalf; (f) that the notifier, if any, may attend the hearing and be accompanied by a lawyer or another person, unless the tribunal directs that the notifier must not attend before giving evidence. (4) The time for the hearing, as stated in the hearing notice, must be at least 14 days after the NRAS registrant receives the notice. 398ZB Notice of proceeding for review of reviewable decisions (1) The principal registrar must, within 14 days after an NRAS registrant applies for a review of a reviewable decision, give written notice of the review to the commission. (2) A notice given under subsection (1) must— Current as at 1 July 2013 Page 251
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398ZC] (a) state that an application for review of the reviewable decision has been made; and (b) be accompanied by a copy of the application. 398ZC Particular procedures for proceeding for review of reviewable decisions If an NRAS registrant applies for the review of a reviewable decision made under the National Law (Queensland), part 8, division 7 in relation to the NRAS registrant’s registration under that Law— (a) the tribunal must not grant a stay of the decision; and (b) the tribunal must finalise the review as quickly as possible. 398ZD Notice of proceeding for review of tribunal review decisions (1) The principal registrar must, within 14 days after an NRAS registrant applies for a review of a tribunal review decision, give written notice of the review to the commission and the NRAS registrant’s board. (2) A notice given under subsection (1) must— (a) state that an application for review of the tribunal review decision has been made; and (b) be accompanied by a copy of the application. 398ZE Particular procedures for proceedings for review of tribunal review decisions (1) In conducting a review of a tribunal review decision, the tribunal may have regard to— (a) any evidence or other material considered by the tribunal in making the tribunal review decision; and Page 252 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398ZF] (b) any decisions, including the reasons for the decisions, made by the tribunal in making the tribunal review decision. (2) Subsection (1) does not limit the matters to which the tribunal may have regard. Division 6 Provisions about decisions 398ZF Notice of final decision of tribunal (1) As soon as practicable after the tribunal makes its final decision in an NRAS disciplinary proceeding about an NRAS registrant, the principal registrar must give written notice of the decision to— (a) the parties to the proceeding; and (b) the notifier, if the proceeding relates to a notification; and (c) the commission. (2) The notice must state the following— (a) the tribunal’s decision; (b) the reasons for the decision, including the reasons for any health, conduct or performance action taken; (c) the tribunal’s decisions on material questions of fact arising during the NRAS disciplinary proceeding; (d) by reference or otherwise, any evidence or other material on which the tribunal’s decisions about material questions of fact were based; (e) the right the party has to appeal to the Court of Appeal against the decision under the QCAT Act; (f) how to appeal; (g) for a decision under the National Law (Queensland), section 196(2) or 197(2)—that the decision, or details of the decision, may, under the National Law Current as at 1 July 2013 Page 253
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398ZG] (Queensland), section 225, be recorded in the NRAS registrant’s board’s register. (3) The decision takes effect on the day the tribunal makes its decision or, if the tribunal’s decision is to take effect on a later day, on the later day. (4) If the NRAS registrant or the registrant’s representative is not present when the tribunal makes its decision, the decision takes effect on the later of— (a) the day the notice is given to the registrant; or (b) the day of effect stated in the notice. 398ZG Implementation of particular decisions To remove any doubt, it is declared that the National Law (Queensland), sections 204 and 205 apply in relation to a decision of the tribunal in a review of a tribunal review decision. Division 7 Appeals to Court of Appeal from decisions of tribunal 398ZH Purpose of div 7 This division provides for— (a) the decisions of the tribunal in an NRAS disciplinary proceeding that may be appealed against to the Court of Appeal under the QCAT Act, chapter 2, part 8, division 2; and (b) particular matters in relation to the appeals. 398ZI NRAS registrant or national board may appeal to Court of Appeal (1) The NRAS registrant the subject of an appealable decision, or the registrant’s board, may appeal to the Court of Appeal Page 254 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398ZJ] against the decision under the QCAT Act, chapter 2, part 8, division 2. (2) However, an appeal under subsection (1) on a question of fact, or question of mixed law and fact, may be made only with the leave of the Court of Appeal. (3) To remove any doubt, the QCAT Act, section 149 does not apply in relation to a decision of the tribunal in an NRAS disciplinary proceeding. (4) In this section— appealable decision means— (a) a decision under the National Law (Queensland), section 196(1)(b) about an NRAS registered health practitioner; or (b) a decision to take action under the National Law (Queensland), section 196(2) against an NRAS registered health practitioner; or (c) a decision under the National Law (Queensland), section 197(1)(a) about an NRAS student; or (d) a decision to take action under the National Law (Queensland), section 197(2) against an NRAS student; or (e) a decision under section 398H; or (f) a final decision in a proceeding for the review of a reviewable decision; or (g) a decision about costs in an NRAS disciplinary proceeding. 398ZJ Appellant to give notice of appeal to particular persons (1) Within 14 days after appealing to the Court of Appeal against an appealable decision, the appellant must give a copy of the notice of appeal— (a) if the appellant is an NRAS registrant—to the NRAS registrant’s board and the commission; or Current as at 1 July 2013 Page 255
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 12A Provisions about particular proceedings relating to NRAS registrants [s 398ZK] (b) if the appellant is an NRAS registrant’s board—to the NRAS registrant and the commission. (2) If an NRAS registrant or a national board is given a copy of the notice under subsection (1), the registrant or board is the respondent for the appeal. 398ZK Court’s decision may be tribunal review decision (1) In deciding an appeal against an appealable decision, the Court of Appeal may decide that its decision is a tribunal review decision under section 398D. (2) If the court decides that its decision is a tribunal review decision, it must state a period in which the decision is not reviewable under division 3. Division 8 General matters 398ZL Panel of assessors (1) The public panel of assessors is also to be available for NRAS disciplinary proceedings. (2) There is to be, for NRAS disciplinary proceedings, the following professional panel of assessors— (a) a chiropractors panel of assessors; (b) a dentists or dental auxiliaries panel of assessors; (c) a dental prosthetists panel of assessors; (d) a medical practitioners panel of assessors; (e) a medical radiation practitioners panel of assessors; (f) a nursing and midwifery panel of assessors; (g) an occupational therapists panel of assessors; (h) an optometrists panel of assessors; (i) an osteopaths panel of assessors; Page 256 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 398ZM] (j) a pharmacists panel of assessors; (k) a physiotherapists panel of assessors; (l) a podiatrists panel of assessors; (m) a psychologists panel of assessors. (3) Sections 40 to 45 apply in relation to the appointment of members of a professional panel of assessors mentioned in subsection (2) subject to the following— (a) a reference in the sections to professional conduct review panels has no application in relation to the appointment of the members; (b) a reference in the sections to the board for a profession is taken to be a reference to the national board for the profession; (c) the reference in sections 40A(1)(a) and 42(4)(a) to advice received from a board under section 19(1) or 33(1) is taken to be a reference to advice received from a national board under section 398P(1). 398ZM Payment of assessors An assessor assisting the tribunal in a hearing of an NRAS disciplinary proceeding is entitled to be paid the remuneration and allowances decided by the Governor in Council. Part 13 Transitional provisions Division 1 Provisions for Health Practitioners (Professional Standards) Act 1999 399 Definitions for pt 13 In this part— Current as at 1 July 2013 Page 257
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 400] commencement day means the day this part commences. health practitioner registration Act means a health practitioner registration Act within the meaning of this Act on the commencement day. 400 Existing complaints and disciplinary proceedings (1) Subsection (2) applies to the following matters— (a) a complaint made under a health practitioner registration Act but not finally dealt with before the commencement day; (b) a matter referred to, or being heard by, the Medical Assessment Tribunal but not finally dealt with before the commencement day; (c) an inquiry being conducted by a board but not completed before the commencement day; (d) an appeal from a decision of a board or the Medical Assessment Tribunal under a health practitioner registration Act that has been started but not completed before the commencement day; (e) an application for review made under the Medical Act 1939 , section 32 but not finally dealt with before the commencement day; (f) any other investigation or other proceeding relating to the disciplining of a registrant started under a health practitioner registration Act but not completed before the commencement day. (2) Each matter may continue to be dealt with, and any appeal relating to the matter may be dealt with, under the relevant health practitioner registration Act as if this Act, including part 14 of this Act as originally enacted, had not commenced. Editor’s note — Part 14, at the time when section 400 commenced, provided for consequential and other amendments of Acts relating to health practitioners. That part 14 has been omitted. Page 258 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 401] (3) If, immediately before the commencement day, a person had a right of appeal under a health practitioner registration Act, the person’s right continues as if this Act, including part 14 of this Act as originally enacted, had not commenced. 401 Complaints or other information known to boards after commencement day (1) This section applies if— (a) after the commencement day a registrant’s board receives a complaint or other information about an aspect of the registrant’s conduct or practice or another matter relating to the registrant; and (b) the subject matter of the complaint or other information happened before the commencement day. (2) The board may take action in relation to the aspect or matter under this Act. (3) However, the board may not take the action unless the board could have taken action relating to the aspect or matter under the health practitioner registration Act under which the board is established. (4) In deciding whether subsection (3) applies, the health practitioner registration Act applies as if part 14 had not commenced. 402 Things to establish pattern of conduct or practice (1) In deciding whether there is a pattern of conduct or practice relating to a registrant, the registrant’s board may take into consideration anything relating to the registrant’s conduct or practice of which the board was aware, because of a complaint or otherwise, before the commencement day (the previous thing ). (2) However, the board may not consider the previous thing unless the board could have started proceedings for disciplining the registrant for the previous thing under the Current as at 1 July 2013 Page 259
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 403] health practitioner registration Act under which the board is established. 403 Saving of existing orders made by boards or Medical Assessment Tribunal (1) If, immediately before the commencement day, a registrant’s registration was subject to a final order, the order continues to have effect as if it were an order or decision by the tribunal under this Act. (2) If a final order is made under section 400 after the commencement day, the final order has effect as if it were a decision or order by the tribunal under this Act. (3) A person can not appeal under this Act against a final order that has effect as if it were an order or decision by the tribunal. (3A) If a final order mentioned in subsection (1) or (2) was an order or decision of the Medical Assessment Tribunal imposing conditions on a registrant’s registration, the order may be reviewed under part 9, division 4, as if the final order were a decision made by the Health Practitioners Tribunal under section 241(2)(b) to impose conditions on the registrant’s registration. (3B) If a final order mentioned in subsection (1) or (2) was an order made under the Medical Act 1939 , section 30K, imposing conditions on a registrant’s registration— (a) for an order imposing conditions relating to a registrant’s competency to practise because of an impairment—the registrant may give the registrant’s board a notice under section 306 to arrange a further health assessment of the registrant as if the conditions had been imposed under section 299(2) and the period during which the registrant may not ask for a further assessment had ended; or (b) for another order—the order may be reviewed under part 9, division 2, as if the order were a decision made by a panel under section 201(2)(b) to impose conditions on the registrant’s registration. Page 260 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 404] (4) In this section— final order means— (a) if an order of a board at the end of an inquiry conducted by the board, or an order or decision of the Medical Assessment Tribunal, is affected by an order of a court on appeal—the order of the court; or (b) otherwise—an order of a board at the end of an inquiry or an order or decision of the Medical Assessment Tribunal. 404 Records of Medical Assessment Tribunal transferred to Health Practitioners Tribunal (1) As soon as practicable after the commencement day, all records of the Medical Assessment Tribunal held by the registrar of that tribunal immediately before that day must be given to the registrar of the Health Practitioners Tribunal to hold for that tribunal. (2) The records given to the registrar under subsection (1) are taken to be acquired by the registrar in the performance of the registrar’s functions under this Act. Division 2 Provisions for Health Practitioners Legislation Amendment Act 2001 405 Transitional provision about health practitioner registration Act For the purpose of this Act continuing to apply— (a) to a person who was registered under a repealed health practitioner registration Act and who, on the repeal of that Act, continued to be a registrant under this Act; or (b) in relation to something done or omitted by the person before the repeal of the repealed Act; Current as at 1 July 2013 Page 261
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405A] a reference in this Act to a registrant or a health practitioner registration Act is taken to include a reference to the person or the repealed Act. Division 3 Provisions for Health Quality and Complaints Commission Act 2006 405A Definitions for div 3 In this division— commencement means the commencement of the provision in which the term is used. Health Rights Commissioner means the Health Rights Commissioner under the repealed Act. repealed Act means the Health Rights Commission Act 1991 . 405B Withdrawal of referred complaint For section 57, a reference to the commission is taken as a reference to the Health Rights Commissioner if, before the commencement, the complaint was referred to the registrant’s board by the Health Rights Commissioner and is withdrawn after the commencement. 405C When investigation must be conducted or continued (1) This section applies if — (a) before the commencement — (i) the Minister who was administering the repealed Act decided, under section 74(7)(b) of that Act, that a complaint about a registrant should be referred by the Health Rights Commissioner to the registrant’s board for investigation; or (ii) a registrant’s board and the Health Rights Commissioner agreed under the repealed Act, Page 262 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405D] section 74(2), or under section 51(2)(a) or (b) of this Act, that a complaint about the registrant was to be investigated by the board; and (b) the registrant’s board has not started or finished investigating the complaint. (2) The registrant’s board must investigate, or continue to investigate, the registrant. 405D Reports to commission on investigation by board (1) This section applies if the Health Rights Commissioner was given a report under pre-amended section 116(2) or (3) and had not, before the commencement, given to the board comments under the pre-amended section 116(5). (2) For section 116(5) and (6), the report is taken to have been given to the commission and to have been received by it when it was received by the Health Rights Commissioner. (3) In this section— pre-amended , in relation to a section, means the section as in force immediately before the commencement. 405E Board’s annual report (1) This section applies if a report mentioned in section 264 is to be made for the financial year 2005–2006. (2) For section 264(1)(a) and (b) a reference to the commission is taken to be a reference to the Health Rights Commissioner. 405F Notice about board decision For section 304(2)(a), a reference to a complaint made to the commission and referred to the board is taken to include a reference to a complaint made to the Health Rights Commissioner before the commencement and referred to the board. Current as at 1 July 2013 Page 263
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405G] 405G Copy of undertakings For section 379(5)(a), a reference to a complaint made to the commission and referred to the board is taken to include a reference to a complaint made to the Health Rights Commissioner before the commencement and referred to the board. 405H Continuing requirement for board to give notice to commission (1) This section applies if— (a) a complaint about a registrant is being dealt with by the registrant’s board or a disciplinary body under this Act; and (b) before the commencement the Health Rights Commissioner had, under the repealed Act , section 74(6), 77(3) or 85(8), advised the registrant’s board that the commissioner intended to conciliate, or continue to conciliate, the complaint. (2) The registrant’s board must, as soon as practicable after the registrant’s board has finished dealing with the complaint under this Act, give the commission notice that no further action is to be taken about the complaint under this Act. Division 4 Provisions for Medical Board (Administration) Act 2006 405I Definitions for div 4 In this division— commencement means commencement of this section. pre-amended Act means this Act as in force before the commencement of the Medical Board (Administration) Act 2006 , section 42 and schedule 1. Page 264 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405J] 405J Keeping of records (1) This section applies if, immediately before the commencement, the executive officer was keeping records under section 263 of the pre-amended Act relating to a person who is or was registered under the Medical Practitioners Registration Act 2001 . (2) The executive officer must give the records to the executive officer (medical). (3) The executive officer (medical) must keep the records under section 263 and otherwise comply with that section in relation to the records. 405K Continuing appointment of inspector or investigator (1) This section applies if, immediately before the commencement, there was in force an appointment by the medical board of one of the following persons as an inspector or investigator under the pre-amended Act— (a) the executive officer; (b) a member of the office’s staff. (2) Despite sections 73(b)(i) and (c)(i) and 358(1)(b)(i) and (c)(i), the appointment continues in force. Division 4A Transitional provision for Criminal History Screening Legislation Amendment Act 2010 405KA Giving particular information to Commissioner for Children and Young People and Child Guardian (1) This section applies if— (a) before the commencement— (i) a disciplinary body took disciplinary action against a person as mentioned in section 384A(1)(b) ( disciplinary action ); or Current as at 1 July 2013 Page 265
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405L] (ii) the board decided to suspend a person’s registration as mentioned in section 384A(2)(a) ( immediate suspension ), or to suspend, cancel, or impose a condition on a person’s registration under section 311 ( section 311 action ) as mentioned in section 384A(2)(b); and (b) at the commencement, the board has neither given nor decided not to give the children’s commissioner written notice about the disciplinary action, immediate suspension or section 311 action as provided under previous section 384A. (2) Section 384A as in force immediately after the commencement applies in relation to the disciplinary action, immediate suspension or section 311 action. (3) In this section— commencement means the commencement of this section. previous section 384A means section 384A as in force from time to time before the commencement. Division 5 Provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 405L Definitions for div 5 In this division— amending Act means the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010. commencement means the commencement of this section. former board , in relation to the nursing and midwifery profession, includes the Queensland Nursing Council established under the repealed Nursing Act 1992 before its repeal. Page 266 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405M] NRAS health profession means a profession mentioned in the National Law (Queensland), section 5, definition health profession, paragraph (c) to (e), (g), or (i) to (n). repealed health practitioner registration Act means any of the following Acts as in force before the commencement— • the repealed Chiropractors Registration Act 2001 • the repealed Dental Practitioners Registration Act 2001 • the repealed Medical Practitioners Registration Act 2001 • the repealed Nursing Act 1992 • the repealed Optometrists Registration Act 2001 • the repealed Osteopaths Registration Act 2001 • the Pharmacy Business Ownership Act 2001 • the repealed Physiotherapists Registration Act 2001 • the repealed Podiatrists Registration Act 2001 • the repealed Psychologists Registration Act 2001. 405M Existing professional panels of assessors (1) An existing professional panel of assessors is, at the commencement, taken to be a professional panel of assessors of the same name under section 398ZL. (2) Without limiting subsection (1), a person who was a member of an existing professional panel of assessors immediately before the commencement— (a) is, at the commencement, taken to be a member of a professional panel of assessors of the same name under section 398ZL; and (b) holds the office— (i) on the same terms and conditions that applied to the person under this Act as in force immediately before the commencement; and Current as at 1 July 2013 Page 267
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405N] (ii) until the day the person’s term of appointment under this Act as in force immediately before the commencement would have ended or the earlier day the person otherwise vacates the office under this Act. (3) In this section— existing panel of assessors means— (a) a professional panel of assessors under section 39(b)(i), (ii), (iv), (v), (vii), (viii), (ix), (x), (xi) or (xii) of this Act as in force immediately before the commencement; or (b) a professional panel of assessors under the Nursing Act 1992 , section 92 as in force immediately before the commencement. 405N Existing complaints and related proceedings and appeals (1) This section provides for the application of the National Law (Queensland), section 289 to the following— (a) an existing complaint; (b) any proceedings or appeal relating to an existing complaint. (2) The National Law (Queensland), section 289 applies to a this Act existing complaint, and any proceedings or appeal relating to a this Act existing complaint, as if the reference in subsection (2)(b) of that section to the application of an Act of a participating jurisdiction as if that Act had not been repealed included, for the complaint, a reference to the application of this Act as if it had not been amended by the amending Act. (3) For applying the National Law (Queensland), section 289 to a complaint made to a former board— (a) the board does not complete dealing with the complaint until— (i) the time for exercising any review rights or appeal rights in relation to the complaint has passed without any rights being exercised; or Page 268 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405N] (ii) any review or appeal in relation to the complaint has ended; and (b) for a this Act existing complaint—this Act must be read as if sections 12(1) and 13 do not apply to a national board dealing with the complaint under the National Law (Queensland), section 289; and (c) for a Nursing Act existing complaint—the repealed Nursing Act 1992 must be read as if sections 42A and 43(2) of that Act do not apply to a national board dealing with the complaint under the National Law (Queensland), section 289. (4) Also, to remove any doubt, it is declared that the QCAT Act continues to apply in relation to— (a) any proceeding by the tribunal under National Law (Queensland), section 289 as applied by this section; and (b) any appeal against the tribunal’s decision in the proceeding. (5) The fee that, before the commencement, would have been payable under the QCAT Act in relation to a proceeding or appeal mentioned in subsection (4) continues to be payable in relation to the proceeding or appeal. (6) In this section— complaint means— (a) a complaint under this Act as in force before the commencement; or (b) a complaint under the repealed Nursing Act 1992 as in force before its repeal. existing complaint means a complaint about a person registered in an NRAS health profession by a former board that the former board had started but had not completed dealing with immediately before the commencement. former board , in relation to the dental prosthetics profession, includes the Dental Technicians Board of Queensland Current as at 1 July 2013 Page 269
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405O] established under the Dental Technicians Registration Act 2001 . Nursing Act existing complaint means a complaint under the repealed Nursing Act 1992 as in force before its repeal that is an existing complaint. this Act existing complaint means a complaint under this Act as in force before the commencement that is an existing complaint. 405O Existing non-complaint disciplinary matters and related proceedings and appeals (1) This section provides for the application of the National Law (Queensland), section 289 to the following— (a) an existing non-complaint disciplinary matter; (b) any proceedings or appeal relating to an existing non-complaint disciplinary matter. (2) The National Law (Queensland), section 289 applies to an existing non-complaint disciplinary matter, and any proceedings or appeal relating to an existing non-complaint disciplinary matter, as if— (a) subsection (1) of that section provided that it also applied to an existing non-complaint disciplinary matter; and (b) the reference in subsection (2)(b) of that section to the application of an Act of a participating jurisdiction as if that Act had not been repealed included, for a this Act existing non-complaint disciplinary matter, a reference to the application of this Act as if it had not been amended by the amending Act. (3) For applying the National Law (Queensland), section 289 to a non-complaint disciplinary matter before a former board— (a) the board does not complete dealing with the matter until— Page 270 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405O] (i) the time for exercising any review rights or appeal rights in relation to the matter has passed without any rights being exercised; or (ii) any review or appeal in relation to the matter has ended; and (b) for a this Act existing non-complaint disciplinary matter—this Act must be read as if sections 12(1) and 13 do not apply to a national board dealing with the matter under the National Law (Queensland), section 289; and (c) for a Nursing Act existing non-complaint disciplinary matter—the repealed Nursing Act 1992 must be read as if sections 42A and 43(2) of that Act do not apply to a national board dealing with the matter under the National Law (Queensland), section 289. (4) Also, to remove any doubt, it is declared that the QCAT Act continues to apply in relation to— (a) any proceeding by the tribunal under National Law (Queensland), section 289 as applied by this section; and (b) any appeal against the tribunal’s decision in the proceeding. (5) The fee that, before the commencement, would have been payable under the QCAT Act in relation to a proceeding or appeal mentioned in subsection (4) continues to be payable in relation to the proceeding or appeal. (6) In this section— existing non-complaint disciplinary matter means a non-complaint disciplinary matter about a person registered in an NRAS health profession by a former board that the board had started but had not completed dealing with at the commencement. former board , in relation to the dental prosthetics profession, includes the Dental Technicians Board of Queensland Current as at 1 July 2013 Page 271
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405P] established under the Dental Technicians Registration Act 2001 . non-complaint disciplinary matter means— (a) a disciplinary matter under this Act as in force before the commencement started other than on the basis of a complaint; or (b) a disciplinary matter under the repealed Nursing Act 1992 as in force before its repeal started other than on the basis of a complaint. Nursing Act existing non-complaint disciplinary matter means a disciplinary matter under the repealed Nursing Act 1992 as in force before its repeal that— (a) is started other than on the basis of a complaint; and (b) is an existing non-complaint disciplinary matter. this Act existing non-complaint disciplinary matter means a disciplinary matter under this Act as in force before the commencement that— (a) is started other than on the basis of a complaint; and (b) is an existing non-complaint disciplinary matter. 405P Existing QCAT proceedings and existing appeals (1) The tribunal must hear, or continue to hear, and decide an existing QCAT proceeding under the relevant Act as if the Act had not been repealed or amended by the amending Act. (2) If there is an existing appeal before an appeal entity, the entity must hear, or continue to hear, and decide the appeal under the relevant Act as if the Act had not been repealed or amended by the amending Act. (3) If a former board was a party to an existing QCAT proceeding or existing appeal, the national board for the profession for which the former board was established takes the former board’s place in the proceeding or appeal. Page 272 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405P] (4) The National Law (Queensland), sections 204 and 205 apply in relation to a decision of the tribunal made in an existing QCAT proceeding. (5) In this section— appeal entity means the appeal tribunal under the QCAT Act or the Court of Appeal. disciplinary proceeding means a disciplinary proceeding under this Act as in force before the commencement, or the repealed Nursing Act 1992 , relating to an NRAS registrant. existing appeal means an appeal under the QCAT Act against a decision of the tribunal in a disciplinary proceeding or registration proceeding that has been started before an appeal entity but not been finally dealt with at the commencement. existing QCAT proceeding means a disciplinary proceeding or registration proceeding that has been started before the tribunal but has not been finally dealt with at the commencement. registration proceeding means a proceeding for— (a) a review of a decision under a repealed health practitioner registration Act, other than the Pharmacy Business Ownership Act 2001 as in force before the commencement; or (b) a review of a decision under the Dental Technicians Act 2001 as in force before the commencement, if the decision relates to the registration, including an application for registration, of a person in the dental prosthetics profession under that Act; or (c) a review of a decision under the Pharmacy Business Ownership Act 2001 as in force before the commencement, if the decision relates to the registration, including an application for registration, of a person in the pharmacy profession under that Act. relevant Act means— Current as at 1 July 2013 Page 273
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405Q] (a) for an existing QCAT proceeding—the Act conferring jurisdiction on the tribunal to deal with the matter the subject of the proceeding; or (b) for an existing appeal—the Act conferring jurisdiction on the tribunal to deal with the matter the subject of decision that is appealed. 405Q Investigators (1) This section applies in relation to a person appointed by a former board as an investigator under this Act. (2) The person’s appointment ends at the commencement. (3) The person must return the person’s identity card to the chief executive within 7 days after the commencement. Maximum penalty—10 penalty units. (4) If the person has made a requirement of another person under this Act and the requirement has not been complied with at the commencement, the requirement is taken to have been withdrawn at the commencement. (5) If the person has a document or other thing that was obtained in the person’s capacity as an investigator, the person must— (a) for a document or thing obtained in the course of an investigation of a complaint or non-complaint disciplinary matter being dealt with by a national board under the National Law (Queensland), section 289—give the document or thing to the national board; or (b) for another document or thing—return the document or thing to the person from whom it was obtained. (6) A document or other thing given to a national board under subsection (5)(a) is taken to have been obtained by an investigator appointed by the national board. (7) However, if the person is appointed by a national board dealing with an existing matter as an investigator for an investigation relating to the matter— Page 274 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405R] (a) subsections (4), (5)(a) and (6) do not apply; and (b) anything done by, or existing in relation to, the person performing a function or exercising power under this Act for the existing matter is taken to be done or existing in the investigator’s capacity as an investigator appointed by the national board for investigating the matter. (8) In this section— existing matter means a complaint or disciplinary matter being dealt with by a national board under the National Law (Queensland), section 289 as provided under section 405N or 405O. 405R Inspectors (1) This section applies in relation to a person appointed by a former board as an inspector under this Act or a repealed health practitioner registration Act (the relevant Act ). (2) The person’s appointment ends at the commencement. (3) The person must return the person’s identity card to the chief executive within 7 days after the commencement. Maximum penalty—10 penalty units. (4) Any investigation being conducted by the person ends at the commencement. (5) Without limiting subsection (4)— (a) if the person has made a requirement of another person under a provision of the relevant Act and the requirement has not been complied with at the commencement, the requirement is taken to have been withdrawn at the commencement; and (b) if, immediately before the commencement, the person is keeping a document or other thing under a provision of the relevant Act, the person must return the document or thing to the person from whom it was obtained. Current as at 1 July 2013 Page 275
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405S] (6) However, subsection (4) does not prevent the person, or another person, from making a notification to a national board under the National Law (Queensland), section 145 in relation to information obtained in the course of an investigation conducted by the inspector under the relevant Act (whether or not the investigation was completed). 405S Copy of particular records to be given to national board (1) This section applies if— (a) before the commencement, the secretary or principal registrar started to keep under section 263 a record about disciplinary proceedings relating to a former registrant; and (b) at the commencement, the secretary or principal registrar has not given a copy of the record to an executive officer as required by section 263(3) as in force before the commencement. (2) The secretary or principal registrar must give the copy to the national board for the profession in which the former registrant was registered under the relevant repealed health practitioner registration Act. (3) In this section— former registrant means a person who was, at any time, registered under a repealed health practitioner registration Act. 405T Particular registrants to give particular notices to national board (1) This section applies if— (a) before the commencement, a registrant was required to give notice of something happening (the event ) to the registrant’s board under a notice requirement provision; and Page 276 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405U] (b) at the commencement, the registrant has not given the notice as required by the notice requirement provision. (2) The notice requirement provision continues to apply in relation to the event subject to subsection (3). (3) The reference in the notice requirement provision to the registrant’s board is taken to be a reference to the national board for the profession in which the registrant is registered under the National Law. (4) In this section— notice requirement provision means— (a) section 385A, 385B or 385C; or (b) section 140A, 140B or 140C of the repealed Nursing Act 1992. registrant means a person who— (a) was— (i) a registrant under this Act immediately before the commencement; or (ii) a nurse, midwife or other person authorised to practise nursing under the repealed Nursing Act 1992 immediately before the commencement; and (b) at the commencement, is taken to be registered under the National Law. registrant’s board , in relation to a nurse, midwife or other person authorised to practise nursing under the repealed Nursing Act 1992 immediately before the commencement, means the Queensland Nursing Council established under that Act before its repeal. 405U Protection of officials from liability (1) This section applies if, in relation to an act done or omission made by a person under this Act or a repealed health practitioner registration Act (the relevant Act ) before the commencement, civil liability attaches to a former board Current as at 1 July 2013 Page 277
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405V] under a provision of the relevant Act as in force when the act was done or omission was made. (2) From the commencement, the liability attaches to the National Agency. (3) If the National Agency becomes liable to pay an amount to a person because of subsection (2), the amount must be paid out of the account kept in the Agency Fund for the national board established for the profession for which the former board was established. (4) In this section— Agency Fund means the Australian Health Practitioner Regulation Agency Fund established under the National Law. 405V Penalties to be paid to national board (1) This section applies if— (a) a former board has brought a proceeding for an offence against this Act or a repealed health practitioner registration Act (the relevant Act ); and (b) the court before which the proceeding has been brought has not finished hearing the proceeding; and (c) a provision of the relevant Act provides that penalties recovered as a result of the proceeding must be ordered to be paid to the former board. (2) The provision of the relevant Act continues to apply in relation to the proceeding subject to subsection (3). (3) The reference in the provision to the former board is taken to be a reference to the national board for the profession for which the former board was established. Page 278 Current as at 1 July 2013
Division 6 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405W] Provision for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 405W Definitions for div 6 In this division— amending Act means the Health Practitioners (Disciplinary Proceedings) Act 1999 . commencement means the commencement of this section. former board — (a) in relation to the medical radiation technology profession, means the Medical Radiation Technologists Board of Queensland established under the repealed Medical Radiation Technologists Registration Act 2001 ; or (b) in relation to the occupational therapy profession, means the Occupational Therapists Board of Queensland established under the repealed Occupational Therapists Registration Act 2001 . NRAS health profession means a profession mentioned in the National Law (Queensland), section 5, definition health profession , paragraph (f) or (h). repealed health practitioner registration Act means either of the following Acts— • the repealed Medical Radiation Technologists Registration Act 2001 • the repealed Occupational Therapists Registration Act 2001 . 405X Existing panels of assessors (1) An existing panel of assessors is, at the commencement, taken to be a professional panel of assessors of the same name under section 398ZL. Current as at 1 July 2013 Page 279
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405Y] (2) Without limiting subsection (1), a person who was a member of an existing panel of assessors immediately before the commencement— (a) is, at the commencement, taken to be a member of a professional panel of assessors of the same name under section 398ZL; and (b) holds the office— (i) on the same terms and conditions that applied to the person under this Act as in force immediately before the commencement; and (ii) until the day the person’s term of appointment under this Act as in force immediately before the commencement would have ended or the earlier day the person otherwise vacates the office under this Act. (3) In this section— existing panel of assessors means a professional panel of assessors under section 39(b)(ii) or (iii) of this Act as in force immediately before the commencement. 405Y Existing complaints and related proceedings and appeals (1) This section provides for the application of the National Law (Queensland), section 289 to the following— (a) an existing complaint; (b) any proceedings or appeal relating to an existing complaint. (2) The National Law (Queensland), section 289 applies to an existing complaint, and any proceedings or appeal relating to an existing complaint, as if the reference in subsection (2)(b) of that section to the application of an Act of a participating jurisdiction as if that Act had not been repealed included, for the existing complaint, a reference to the application of this Act as if it had not been amended by the amending Act. Page 280 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405Y] (3) For applying the National Law (Queensland), section 289 to an existing complaint made to a former board— (a) the board does not complete dealing with the existing complaint until— (i) the time for exercising any review rights or appeal rights in relation to the existing complaint has passed without any rights being exercised; or (ii) any review or appeal in relation to the existing complaint has ended; and (b) this Act must be read as if sections 12(1) and 13 do not apply to a national board dealing with the existing complaint under the National Law (Queensland), section 289. (4) Also, to remove any doubt, it is declared that the QCAT Act continues to apply in relation to— (a) any proceeding by the tribunal under the National Law (Queensland), section 289 as applied by this section; and (b) any appeal against the tribunal’s decision in the proceeding. (5) The fee that, before the commencement, would have been payable under the QCAT Act in relation to a proceeding or appeal mentioned in subsection (4) continues to be payable in relation to the proceeding or appeal. (6) In this section— existing complaint means a complaint under this Act as in force before the commencement, about a person registered in a NRAS health profession by a former board, that the former board had started but had not completed dealing with immediately before the commencement. Current as at 1 July 2013 Page 281
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405Z] 405Z Existing non-complaint disciplinary matters and related proceedings and appeals (1) This section provides for the application of the National Law (Queensland), section 289 to the following— (a) an existing non-complaint disciplinary matter; (b) any proceedings or appeal relating to an existing non-complaint disciplinary matter. (2) The National Law (Queensland), section 289 applies to an existing non-complaint disciplinary matter, and any proceedings or appeal relating to an existing non-complaint disciplinary matter, as if— (a) subsection (1) of that section provided that it also applied to an existing non-complaint disciplinary matter; and (b) the reference in subsection (2)(b) of that section to the application of an Act of a participating jurisdiction as if that Act had not been repealed included, for an existing non-complaint disciplinary matter, a reference to the application of this Act as if it had not been amended by the amending Act. (3) For applying the National Law (Queensland), section 289 to an existing non-complaint disciplinary matter before a former board— (a) the board does not complete dealing with the matter until— (i) the time for exercising any review rights or appeal rights in relation to the matter has passed without any rights being exercised; or (ii) any review or appeal in relation to the matter has ended; and (b) this Act must be read as if sections 12(1) and 13 do not apply to a national board dealing with the matter under the National Law (Queensland), section 289. Page 282 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405ZA] (4) Also, to remove any doubt, it is declared that the QCAT Act continues to apply in relation to— (a) any proceeding by the tribunal under National Law (Queensland), section 289 as applied by this section; and (b) any appeal against the tribunal’s decision in the proceeding. (5) The fee that, before the commencement, would have been payable under the QCAT Act in relation to a proceeding or appeal mentioned in subsection (4) continues to be payable in relation to the proceeding or appeal. (6) In this section— existing non-complaint disciplinary matter means a disciplinary matter under this Act as in force before the commencement, started other than on the basis of a complaint, about a person registered in a NRAS health profession by a former board that the former board had started but had not completed dealing with immediately before the commencement. 405ZA Existing QCAT proceedings and existing appeals (1) The tribunal must hear, or continue to hear, and decide an existing QCAT proceeding under the relevant Act as if the Act had not been repealed by the amending Act. (2) If there is an existing appeal before an appeal entity, the entity must hear, or continue to hear, and decide the appeal under the relevant Act as if the Act had not been repealed by the amending Act. (3) If a former board was a party to an existing QCAT proceeding or an existing appeal, the national board for the profession for which the former board was established takes the former board’s place in the proceeding or appeal. (4) The National Law (Queensland), sections 204 and 205 apply in relation to a decision of the tribunal made in an existing QCAT proceeding. Current as at 1 July 2013 Page 283
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405ZB] (5) In this section— appeal entity means the appeal tribunal under the QCAT Act or the Court of Appeal. disciplinary proceeding means a disciplinary proceeding under this Act as in force before the commencement relating to a NRAS registrant. existing appeal means an appeal under the QCAT Act against a decision of the tribunal in a disciplinary proceeding or registration proceeding that has been started before an appeal entity but has not been finally dealt with at the commencement. existing QCAT proceeding means a disciplinary proceeding or registration proceeding that has been started before the tribunal but has not been finally dealt with at the commencement. registration proceeding means a proceeding for a review of a decision under a repealed health practitioner registration Act. relevant Act means— (a) for an existing QCAT proceeding—the Act conferring jurisdiction on the tribunal to deal with the matter the subject of the proceeding; or (b) for an existing appeal—the Act conferring jurisdiction on the tribunal to deal with the matter the subject of decision that is appealed. 405ZB Investigators (1) This section applies in relation to a person appointed by a former board as an investigator under this Act. (2) The person’s appointment ends at the commencement. (3) The person must return the person’s identity card to the chief executive within 7 days after the commencement. Maximum penalty—10 penalty units. Page 284 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405ZB] (4) If the person has made a requirement of another person under this Act and the requirement has not been complied with at the commencement, the requirement is taken to have been withdrawn at the commencement. (5) If the person has a document or other thing that was obtained in the person’s capacity as an investigator, the person must— (a) for a document or thing obtained in the course of an investigation of an existing complaint or existing non-complaint disciplinary matter being dealt with by a national board under the National Law (Queensland), section 289—give the document or thing to the national board; or (b) for another document or thing—return the document or thing to the person from whom it was obtained. (6) A document or other thing given to a national board under subsection (5)(a) is taken to have been obtained by an investigator appointed by the national board. (7) However, if the person is appointed by a national board dealing with an existing matter as an investigator for an investigation relating to the matter— (a) subsections (4), (5)(a) and (6) do not apply; and (b) anything done by, or existing in relation to, the person performing a function or exercising a power under this Act for the existing matter is taken to be done or existing in the investigator’s capacity as an investigator appointed by the national board for investigating the matter. (8) In this section— existing matter means a complaint or disciplinary matter being dealt with by a national board under the National Law (Queensland), section 289 as provided under section 405Y or 405Z. Current as at 1 July 2013 Page 285
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405ZC] 405ZC Inspectors (1) This section applies in relation to a person appointed by a former board as an inspector under this Act or a repealed health practitioner registration Act (the relevant Act ). (2) The person’s appointment ends at the commencement. (3) The person must return the person’s identity card to the chief executive within 7 days after the commencement. Maximum penalty—10 penalty units. (4) Any investigation being conducted by the person ends at the commencement. (5) Without limiting subsection (4)— (a) if the person has made a requirement of another person under a provision of the relevant Act and the requirement has not been complied with at the commencement, the requirement is taken to have been withdrawn at the commencement; and (b) if, immediately before the commencement, the person is keeping a document or other thing under a provision of the relevant Act, the person must return the document or thing to the person from whom it was obtained. (6) However, subsection (4) does not prevent the person, or another person, from making a notification to a national board under the National Law (Queensland), section 145 in relation to information obtained in the course of an investigation conducted by the inspector under the relevant Act (whether or not the investigation was completed). 405ZD Copy of particular records to be given to national board (1) This section applies if— (a) before the commencement, the secretary or principal registrar started to keep under section 263 a record about disciplinary proceedings relating to a former registrant; and Page 286 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405ZE] (b) at the commencement, the secretary or principal registrar has not given a copy of the record to an executive officer as required by section 263(3) as in force before the commencement. (2) The secretary or principal registrar must give the copy to the national board for the profession in which the former registrant was registered under the relevant repealed health practitioner registration Act. (3) In this section— former registrant means a person who was, at any time, registered under a repealed health practitioner registration Act. 405ZE Particular registrants to give particular notices to national board (1) This section applies if— (a) before the commencement, a registrant was required to give notice of something happening (the event ) to the registrant’s board under a notice requirement provision; and (b) at the commencement, the registrant has not given the notice as required by the notice requirement provision. (2) The notice requirement provision continues to apply in relation to the event subject to subsection (3). (3) The reference in the notice requirement provision to the registrant’s board is taken to be a reference to the national board for the profession in which the registrant is registered under the National Law. (4) In this section— notice requirement provision means section 385A, 385B or 385C. registrant means a person who— (a) was a registrant under this Act immediately before the commencement; and Current as at 1 July 2013 Page 287
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 405ZF] (b) at the commencement, is taken to be registered under the National Law. 405ZF Protection of officials from liability (1) This section applies if, in relation to an act done or omission made by a person under this Act or a repealed health practitioner registration Act (the relevant Act ) before the commencement, civil liability attaches to a former board under a provision of the relevant Act as in force when the act was done or omission was made. (2) From the commencement, the liability attaches to the National Agency. (3) If the National Agency becomes liable to pay an amount to a person because of subsection (2), the amount must be paid out of the account kept in the Agency Fund for the national board established for the profession for which the former board was established. (4) In this section— Agency Fund means the Australian Health Practitioner Regulation Agency Fund established under the National Law. 405ZG Penalties to be paid to national board (1) This section applies if— (a) a former board has brought a proceeding for an offence against this Act or a repealed health practitioner registration Act (the relevant Act ); and (b) the court before which the proceeding has been brought has not finished hearing the proceeding; and (c) a provision of the relevant Act provides that penalties recovered as a result of the proceeding must be ordered to be paid to the former board. (2) The provision of the relevant Act continues to apply in relation to the proceeding subject to subsection (3). Page 288 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 406] (3) The reference in the provision to the former board is taken to be a reference to the national board for the profession for which the former board was established. Division 7 Provisions for the Health Practitioner Registration and Other Legislation Amendment Act 2013 Subdivision 1 Provisions for amendment of Health Practitioners (Professional Standards) Act 1999 406 Definition for sdiv 1 In this subdivision— commencement means commencement of this section. pre-amended Act means this Act as in force immediately before the commencement. 407 Existing disciplinary proceedings not finally dealt with (1) This section applies if disciplinary proceedings under the pre-amended Act against a person were started but not finally dealt with before the commencement. (2) The chief executive must give the person written notice stating that— (a) the person may make an election to continue the disciplinary proceedings by giving the chief executive written notice of the election within 28 days after receiving the notice; and (b) if the chief executive does not receive the notice within the time mentioned in paragraph (a), the disciplinary proceedings lapse. Current as at 1 July 2013 Page 289
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 408] (3) The person may make an election to continue the disciplinary proceeding by giving the chief executive written notice of the election within 28 days of receiving the notice. (4) If the person does not make an election within the time mentioned in subsection (3), the disciplinary proceedings lapse. (5) If the person makes an election under subsection (3), the disciplinary proceedings must continue under the pre-amended Act as applied by subsection (6). (6) For subsection (5), the pre-amended Act applies— (a) as if a reference in the pre-amended Act to— (i) a board or a disciplinary body, other than the tribunal, is a taken to be a reference to the chief executive; or (ii) a registrant is taken to be a reference to the former registrant; and (b) with any other necessary changes. Example for subsection (6)(a) — A reference in the pre-amended Act, section 384A(8) to the board is taken to be a reference to the chief executive. (7) In this section— former registrant means a person who, immediately before the commencement, was a registrant under the pre-amended Act. 408 Chief executive to give children’s commissioner further information (1) This section applies if— (a) before the commencement, a former board gave the children’s commissioner a notice, about disciplinary action, immediate suspension or section 311 action in relation to a person, under section 384A(3) of the pre-amended Act; and Page 290 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 408] (b) the children’s commissioner— (i) requests further information about the disciplinary action, immediate suspension or section 311 action; and (ii) notifies the chief executive that the person is an applicant for, or holder of, a prescribed notice or exemption notice under the commissioner’s Act. (2) The chief executive must give the children’s commissioner a written notice stating the following— (a) for a notice about disciplinary action—the form of disciplinary action taken; (b) when the conduct happened that constituted a ground for the disciplinary action, immediate suspension or section 311 action; (c) the nature of the conduct that constituted a ground for the disciplinary action, immediate suspension or section 311 action; (d) any other information about the disciplinary action, immediate suspension or section 311 action the chief executive considers may be relevant to employment screening under the commissioner’s Act, chapter 8, including, for example, details about the nature of the disciplinary action, immediate suspension or section 311 action. (3) If a written notice is given under subsection (2) about a disciplinary action, ground for the immediate suspension or section 311 action relating to a particular child, the notice must not contain information that identifies, or is likely to identify, the child. (4) If the chief executive gives the children’s commissioner information under subsection (2) about disciplinary action, immediate suspension or section 311 action, and the action or suspension is set aside on review or appeal under the pre-amended Act as applied by section 407(6), the chief executive must notify the commissioner of the following— Current as at 1 July 2013 Page 291
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 409] (a) that the action or suspension has been set aside; (b) the reasons given by the chief executive for setting it aside. (5) In this section— children’s commissioner means the Commissioner for Children and Young People and Child Guardian under the commissioner’s Act. commissioner’s Act means the Commission for Children and Young People and Child Guardian Act 2000 . former board means a board under the pre-amended Act. immediate suspension see section 384A(2)(a) of the pre-amended Act. section 311 action see section 384A(2)(b) of the pre-amended Act. Subdivision 2 Provisions relating to the repeal of Dental Technicians Registration Act 2001 and Speech Pathologists Registration Act 2001 409 Definitions for sdiv 2 In this subdivision— commencement means the commencement of this section. former board means a board established under a repealed Act. repealed Act means the Dental Technicians Registration Act 2001 or Speech Pathologists Registration Act 2001 repealed by section 416. 410 Assets and liabilities etc. On the commencement— Page 292 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 411] (a) anything that was an asset or liability of a former board immediately before the commencement becomes an asset or liability of the office; and (b) any property that was, immediately before the commencement, held by a former board on trust or subject to conditions continues to be held by the office on the same trusts or subject to the same conditions. 411 Records On the commencement— (a) all records of the former board are transferred to the office; and (b) if a health complaint, within the meaning of the Health Quality and Complaints Commission Act 2006 (the HQCC Act ), has not been finally dealt with under a repealed Act—the executive officer must give a copy of any information relating to the health complaint to the commission under the HQCC Act. Subdivision 3 Provisions relating to the repeal of Health Practitioner Registration (Administration) Act 1999 412 Definitions for sdiv 3 In this subdivision— commencement means the commencement of this section. repealed Act means the Health Practitioner Registration Boards (Administration) Act 1999 repealed by section 416. 413 Assets and liabilities etc. On the commencement— Current as at 1 July 2013 Page 293
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 13 Transitional provisions [s 414] (a) anything that was an asset or liability of the office immediately before the commencement becomes an asset or liability of the State; and (b) any property that was, immediately before the commencement, held by the office on trust or subject to conditions continues to be held by the State on the same trusts or subject to the same conditions. 414 Records On the commencement all records of the office, including the records mentioned in section 411, are transferred to the department. 415 Refund of proportion of registration fee (1) As soon as practicable after the commencement the chief executive may refund a former registrant a proportion of the registration fee for the registration period for the final financial year for the board. (2) The amount of the refund must be proportionate starting from the commencement to the end of the registration period for the final financial year. (3) In this section— former registrant means a person who, immediately before the commencement, was a general registrant or special purpose registrant under the repealed Dental Technicians Registration Act 2001 or Speech Pathologists Registration Act 2001 . Page 294 Current as at 1 July 2013
Part 14 Health Practitioners (Disciplinary Proceedings) Act 1999 Part 14 Repeals [s 416] Repeals 416 Repeals The following Acts are repealed— • Dental Technicians Registration Act 2001, No. 5 • Health Practitioner Registration (Administration) Act 1999, No. 57 Boards • Speech Pathologists Registration Act 2001, No. 16. Current as at 1 July 2013 Page 295
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule Schedule Dictionary section 3 amending Act — (a) for part 13, division 5—see section 405L; or (b) for part 13, division 6—see section 405W. appealable decision , for part 12A, division 7, see section 398ZI(4). approved form means— (a) for a panel—a form approved by the secretary under section 397(1); or (b) for a board—a form approved by the board under section 397(2). assessment report means— (a) for part 5, division 5, subdivision 7—see section 109; or (b) for part 7, division 2, subdivision 2—see section 273; or (c) for part 7, division 3, subdivision 3—see section 296. assessor — (a) for this Act other than part 12A—means a person chosen, under section 31 or 228, by the principal registrar from a panel of assessors to assist the tribunal; or (b) for part 12A—see section 398B. attendance notice means— (a) for the board or a disciplinary committee—see section 143; or (b) for a panel—see section 186. board means a board established under a health practitioner registration Act. Page 296 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule board’s nominee see section 182(1). certificate of registration means a certificate of registration issued under a health practitioner registration Act. chairperson , of a board, means the chairperson of the board appointed under the health practitioner registration Act that establishes the board. code of practice means a code of practice approved by the Minister under section 374(3). commencement — (a) for part 13, division 3—see section 405A; or (b) for part 13, division 4—see section 405I; or (c) for part 13, division 5—see section 405L; or (d) for part 13, division 6—see section 405W; or (e) for part 13, division 7, subdivision 1—see section 406; or (f) for part 13, division 7, subdivision 2—see section 409. commission means the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006. complainant means— (a) a person or other entity who makes a complaint under this Act; or (b) a person or other entity who made a complaint under the Health Rights Commission Act 1991 that was referred to a board by the Health Rights Commissioner; or (c) a person who makes a complaint under the Health Quality and Complaints Commission Act 2006 that is referred to a board by the commission . complaints part means part 3. constituting member , in relation to the tribunal, means the member constituting the tribunal. Current as at 1 July 2013 Page 297
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule convicted , for an offence, includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. copy , of a report, includes a reproduction and duplicate. corresponding law means a law applying in another State, the Commonwealth or a foreign country that provides for the same matter as this Act or a health practitioner registration Act. current matter see section 249(1)(a). detriment includes— (a) personal injury or prejudice to safety; and (b) property damage or loss; and (c) intimidation or harassment; and (d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and (e) threats of detriment; and (f) financial loss from detriment. disciplinary action , for a registrant, means any action that a disciplinary body may take at the end of disciplinary proceedings and includes a decision that a disciplinary body may make at the end of disciplinary proceedings relating to a person who was a registrant but is not registered at the time of the decision. disciplinary body means— (a) a board; or (b) a disciplinary committee; or (c) a panel; or (d) the tribunal. disciplinary committee see section 128(1)(b). disciplinary matter means a matter— Page 298 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule (a) that may provide a ground for disciplinary action to be taken against a registrant under the disciplinary proceedings part; or (b) that is the subject of a review or appeal under the review and appeal part. disciplinary proceedings means proceedings conducted by— (a) a disciplinary body under the disciplinary proceedings part; or (b) a review panel or the tribunal under the review and appeal part. disciplinary proceedings part means part 6. entity acting on behalf of a user means— (a) an entity chosen by the user to act on the user’s behalf; or (b) if it would be difficult or impossible for the user to choose an entity to act on the user’s behalf—an entity that has a sufficient interest in the health or welfare of the user. executive officer means the executive officer appointed under the repealed Health Practitioner Registration Boards (Administration) Act 1999 . expert’s report see section 111(1). external assessment see section 288(1)(b). external assessment report see section 295A(1). external assessor see section 288(1)(b). facsimile warrant see section 86(4). foreign disciplinary body means an entity established under the law applying in another State or a foreign country having functions similar to the functions of a disciplinary body or NRAS disciplinary body. foreign law , for part 8, see section 310. foreign law part means part 8. Current as at 1 July 2013 Page 299
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule Page 300 foreign regulatory authority means— (a) an interstate regulatory authority; or (b) an entity established under the law applying in a foreign country, other than New Zealand, having functions similar to— (i) the functions of a board under this Act or the health practitioner registration Act under which the board is established; or (ii) the functions of a national board under the National Law. former board — (a) generally means an entity that was a board under this Act at any time before the commencement of this definition but is not a board under this Act immediately after the commencement; and (b) for part 13, division 5, see also section 405L; and (c) for part 13, division 6, see also section 405W; and (d) for part 13, division 7, subdivision 2, see section 409. further assessment see section 305(2)(a). ground for disciplinary action means a ground mentioned in section 124. health assessment , in relation to a registrant, includes— (a) a physical, medical, psychiatric or psychological examination or test of the registrant; and (b) asking questions for assessing whether the registrant is impaired. health assessment committee means a committee established under section 282 to conduct a health assessment of a registrant. health, conduct or performance action , for part 12A, see section 398B. health practitioner registration Act means any 1 of the following Acts— Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule (a) the repealed Dental Technicians Registration Act 2001 ; (b) the repealed Speech Pathologists Registration Act 2001 . Health Practitioner Regulation National Law (Queensland) see the Health Practitioner Regulation National Law Act 2009 , section 4. health professions means the professions regulated under the health practitioner registration Acts. Health Rights Commissioner see section 405A. health service provider means any of the following— • acupuncturist • ambulance officer • audiologist • audiometrist • child guidance therapist • dental hygienist or dental therapist • dietitian • medical imaging technologist, nuclear medicine technologist or radiation therapist • naturopath • nurse • optical dispenser • orthoptist • psychotherapist • social worker engaged in the provision of a health service • therapeutic counsellor • traditional chinese medicine practitioner. hearing notice means— (a) for part 6, division 4, subdivision 2—see section 131; or (b) for part 6, division 5, subdivision 2—see section 174; or Current as at 1 July 2013 Page 301
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule Page 302 (c) for part 6, division 6, subdivision 2—see section 215. immediate suspension part means part 4. impairment , of a registrant, means the registrant has a physical or mental impairment, disability, condition or disorder that detrimentally affects, or is likely to detrimentally affect, the registrant’s physical or mental capacity to perform the registrant’s profession and includes substance abuse or dependence. impairment part means part 7. impose a condition, includes change the condition. inspection part means part 10. inspector means a person appointed as an inspector under section 358(1) or is an inspector under section 358(2). interstate regulatory authority means an entity established under the law of another State or New Zealand having functions similar to the functions of a board under this Act or the health practitioner registration Act under which it is established. investigation committee means a committee established under section 64(1)(a). investigation part means part 5. investigator means a person appointed as an investigator under section 73. judicial member see the QCAT Act, schedule 3. Medical Assessment Tribunal means the tribunal under the Medical Act 1939 as in force before the commencement of section 26. Medicare Australia means Medicare Australia established under the Health Insurance Commission Act 1973 (Cwlth), section 4. National Agency means the Australian Health Practitioner Regulation Agency established under the National Law. national board means a National Health Practitioner Board established under the National Law. Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule National Law means the Health Practitioner Regulation National Law. National Law (Queensland) means the Health Practitioner Regulation National Law (Queensland). national panel means a health panel, or a performance and professional standards panel, under the National Law. notice of appeal , for part 9, division 3, see section 327(1). notice of review , for part 9, division 2, see section 317(1). notification , for part 12A, see section 398B. notifier , for part 12A, see section 398B. NRAS disciplinary body means a national board or a national panel. NRAS disciplinary matter , for part 12A, see section 398B. NRAS disciplinary proceeding , for part 12A, see section 398B. NRAS health profession , for part 13, division 5, see section 405L. NRAS registered health practitioner means an individual who— (a) is registered under the National Law to practise a health profession, other than as a student; or (b) holds non-practising registration under the National Law in a health profession. NRAS registrant means— (a) an NRAS registered health practitioner; or (b) an NRAS student. NRAS registrant’s board , for an NRAS registrant, means the board established under the National Law for the profession in which the registrant is registered under the National Law. NRAS student means an individual whose name is entered in a student register as being currently registered under the National Law. Current as at 1 July 2013 Page 303
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule Page 304 nurse means an individual registered under the National Law to practise in the nursing and midwifery profession as a nurse, other than as a student. office means the Office of Health Practitioner Registration Boards established under the repealed Health Practitioner Registration Boards (Administration) Act 1999 . original panel see section 319(3). panel means a professional conduct review panel. panel of assessors — (a) for this Act other than part 12A—means the following— (i) the professional panels of assessors; (ii) the public panel of assessors; or (b) for part 12A—see section 398B. place includes premises and vacant land. place of seizure see section 93(a). pre-amended Act — (a) for part 13, division 4, see section 405I; or (b) for part 13, division 7, subdivision 1, see section 406. preliminary report see section 114(1). premises includes— (a) a building or other structure; and (b) a part of a building or other structure; and (c) land where a building or other structure is situated; and (d) a vehicle. president means the president of QCAT. principal registrar means the principal registrar under the QCAT Act. profession , for an NRAS registrant, means the health profession (as defined under the National Law) in which the registrant is registered to practise under the National Law. Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule Example — If an NRAS registrant is registered under the National Law to practise the chiropractic profession, the registrant’s profession is the chiropractic profession. professional conduct review panel means a professional conduct review panel established under section 15. professional panel of assessors — (a) for this Act other than part 12A—means a panel of assessors mentioned in section 39(b); or (b) for part 12A—see section 398B. proposed action see section 311(2)(a). public panel of assessors means the panel of assessors mentioned in section 39(a). QCAT registry means the registry under the QCAT Act. reasonably means on grounds that are reasonable in the circumstances. referral notice see section 126(2). register , of a board, means a register kept by the board under the health practitioner registration Act under which the board is established. register , of a national board, means the board’s register under the National Law. registered means registered under a health practitioner registration Act. registrant means a person registered under a health practitioner registration Act. registrant’s board , for a registrant, means the board established under the health practitioner registration Act under which the registrant is registered. relevant decision-making provision , for part 12A, division 4, see section 398J. Current as at 1 July 2013 Page 305
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule relevant professional panel of assessors , for a registrant, means the professional panel of assessors consisting of members of the registrant’s profession. repealed Act — (a) for part 13, division 3, see section 405A; or (b) for part 13, division 7, subdivision 2, see section 409; or (c) for part 13, division 7, subdivision 3, see section 412. repealed health practitioner registration Act — (a) for part 13, division 5, see section 405L; or (b) for part 13, division 6, see section 405W. repealed health practitioner registration Act means any of the following Acts after the Act is repealed— • Chiropractors and Osteopaths Act 1979 • Dental Act 1971 • Dental Technicians and Dental Prosthetists Act 1991 • Medical Act 1939 • Occupational Therapists Act 1979 • Optometrists Act 1974 • Pharmacy Act 1976 • Physiotherapists Act 1964 • Podiatrists Act 1969 • Psychologists Act 1977 • Speech Pathologists Act 1979 . reprisal see section 388. reviewable decision — (a) for this Act other than part 12A—see section 325; or (b) for part 12A—see section 398B. review and appeal part means part 9. review panel see section 319(1). Page 306 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Schedule secretary means the person appointed under section 23(1). suspected matter see section 268(1). suspended decision see section 247(4). tribunal means QCAT. tribunal review decision — (a) for this Act other than part 12A—see section 337; or (b) for part 12A—see section 398B. unsatisfactory professional conduct , for a registrant, includes the following— (a) professional conduct that is of a lesser standard than that which might reasonably be expected of the registrant by the public or the registrant’s professional peers; (b) professional conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgment or care, in the practise of the registrant’s profession; (c) infamous conduct in a professional respect; (d) misconduct in a professional respect; (e) conduct discreditable to the registrant’s profession; (f) providing a person with health services of a kind that are excessive, unnecessary or not reasonably required for the person’s wellbeing; (g) influencing, or attempting to influence, the conduct of another registrant in a way that may compromise patient care; (h) fraudulent or dishonest behaviour in the practise of the registrant’s profession; (i) other improper or unethical conduct. user , of a service provided by an NRAS registrant, includes a person who used the service. warrant form see section 86(5)(b). Current as at 1 July 2013 Page 307
Health Practitioners (Disciplinary Proceedings) Act 1999 Part 14 Repeals [s 416] wellbeing of vulnerable persons , in relation to a registrant, means the life, physical or psychological health, safety or welfare of anyone, including the following— (a) users of the registrant’s services; (b) any other class of persons that may be affected by the registrant; (c) the registrant. Page 308 Current as at 1 July 2013
Endnotes Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .309 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .310 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .310 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .311 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .315 7 Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .335 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 July 2013. Future amendments of the Health Practitioners (Disciplinary Proceedings) Act 1999 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. Current as at 1 July 2013 Page 309
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C 1D rv Amendments to none 2000 Act No. 46 2001 Act No. 16 2001 Act No. 78 2001 Act No. 78 Effective 7 February 2000 25 October 2000 20 August 2001 15 November 2001 1 January 2002 Reprint date 7 February 2000 7 November 2000 31 August 2001 29 November 2001 14 January 2002 Page 310 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Reprint No. 1E 1F 1G 1H Reprint No. 1I 2 2A 2B 2C 2D 2E 3 3A 3B 3C 3D 3E 3F 3G 4 4A Amendments to 2001 Act No. 78 2001 Act No. 78 2001 Act No. 78 2001 Act No. 78 Amendments included 2003 Act No. 9 — 2003 Act No. 68 2003 Act No. 68 2004 Act No. 49 2005 Act No. 10 2006 Act No. 25 — 2006 Act No. 56 2009 Act No. 9 2009 Act No. 24 (amd 2009 Act No. 48) 2009 Act No. 44 2010 Act No. 5 2010 Act No. 14 2010 Act No. 54 — 2012 Act No. 10 Effective 1 February 2002 1 March 2002 1 May 2002 12 May 2002 Effective 28 March 2003 28 March 2003 22 October 2003 2 April 2004 17 January 2005 29 April 2005 1 July 2006 1 July 2006 1 July 2007 1 July 2009 1 December 2009 1 January 2010 1 April 2010 1 July 2010 1 January 2011 1 January 2011 1 July 2012 Current as at 20 May 2013 1 July 2013 Amendments included 2013 Act No. 13 2013 Act No. 13 Reprint date 8 February 2002 7 March 2002 1 May 2002 24 May 2002 Notes R1I withdrawn, see R2 R2E withdrawn, see R3 R3G withdrawn, see R4 Notes RA s 44 RA s 44 5 List of legislation Health Practitioners (Disciplinary Proceedings) Act 1999 No. 58 (prev Health Practitioners (Professional Standards) Act 1999) date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 7 February 2000 (1999 SL No. 327) amending legislation— Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch date of assent 25 October 2000 commenced on date of assent Chiropractors Registration Act 2001 No. 3 ss 1–2, 241 sch 2 date of assent 11 May 2001 Current as at 1 July 2013 Page 311
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 73) Dental Practitioners Registration Act 2001 No. 4 ss 1–2, 267 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 258) Dental Technicians and Dental Prosthetists Registration Act 2001 No. 5 ss 1–2, 247 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 74) Health Practitioners Legislation Amendment Act 2001 No. 6 pts 1, 3 date of assent 11 May 2001 ss 1–2 commenced on date of assent ss 6, 9–15, 17–22, 24(2), 25 (other than to the extent it ins new pt 12 div 2A), 26–28, 30, 32, 34(2) (other than to the extent it ins new defs “certificate of specialist registration”, “chairperson” and “repealed health practitioner registration Act”), 34(3)–(5) commenced 20 August 2001 (2001 SL No. 140) ss 8, 23, 24(1), 25 (to the extent it ins new pt 12, div 2A, sdiv 1 hdgs, s 381A defs “general registrant”, “relevant action”, “special registrant” and sdiv 2), 31, 33, 34(1), 34(2) (to the extent it is not in force) commenced 1 January 2002 (2001 SL No. 257) remaining provisions commenced 1 May 2002 (2002 SL No. 78) Medical Practitioners Registration Act 2001 No. 7 ss 1–2, 302 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent sch 2 amdt 1 commenced 12 May 2002 (automatic commencement under AIA s 15DA(2) (amdt could not be given effect)) remaining provisions commenced 1 March 2002 (2002 SL No. 30) Medical Radiation Technologists Registration Act 2001 No. 8 ss 1–2, 237 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 12 May 2002 (automatic commencement under AIA s 15DA(2)) Occupational Therapists Registration Act 2001 No. 9 ss 1–2, 239 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 259) Optometrists Registration Act 2001 No. 10 ss 1–2, 237 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 260) Pharmacists Registration Act 2001 No. 12 ss 1–2, 245 sch 2 date of assent 11 May 2001 Page 312 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 261) Physiotherapists Registration Act 2001 No. 13 ss 1–2, 242 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 262) Podiatrists Registration Act 2001 No. 14 ss 1–2, 238 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 76) Psychologists Registration Act 2001 No. 15 ss 1–2, 255 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 2002 (2002 SL No. 77) Speech Pathologists Registration Act 2001 No. 16 ss 1–2, 236 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2001 SL No. 263) Health Legislation Amendment Act 2001 No. 78 s 1 pt 7 date of assent 15 November 2001 commenced on date of assent Health and Other Legislation Amendment Act 2003 No. 9 s 1, pt 4, s 67 sch date of assent 28 March 2003 commenced on date of assent Health Legislation Amendment Act 2003 No. 68 ss 1, 2(1)(a), pt 6 date of assent 22 October 2003 ss 1–2 commenced on date of assent ss 42–44, 48 commenced 2 April 2004 (2004 SL No. 32) remaining provisions commenced on date of assent Commission for Children and Young People and Child Guardian Amendment Act 2004 No. 49 ss 1–2, 53 sch date of assent 29 November 2004 ss 1–2 commenced on date of assent remaining provisions commenced 17 January 2005 (2004 SL No. 282) Health Legislation Amendment Act 2005 No. 10 pt 1, s 50 sch date of assent 1 April 2005 ss 1–2 commenced on date of assent remaining provisions commenced 29 April 2005 (2005 SL No. 72) Health Quality and Complaints Commission Act 2006 No. 25 ss 1–2(1), 241 schs 3–4 date of assent 29 May 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2006 (see s 2(1)) Current as at 1 July 2013 Page 313
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Medical Board (Administration) Act 2006 No. 56 ss 1–2, 42 sch 1 date of assent 7 December 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2007 (2007 SL No. 141) Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 7 pt 6 (this Act is amended, see amending legislation below) date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) amending legislation— State Penalties Enforcement and Other Legislation Amendment Act 2009 No. 48 ss 1, 103 (amends 2009 No. 24 above) date of assent 19 November 2009 commenced on date of assent Health and Other Legislation Amendment Act 2009 No. 44 ss 1, 2(3), pt 5 date of assent 3 November 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2010 (2009 SL No. 290) Criminal History Screening Legislation Amendment Act 2010 No. 5 pts 1, 13 date of assent 4 March 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 April 2010 (2010 SL No. 53) Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 No. 14 pts 1, 5 s 17 sch date of assent 21 April 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (see s 2) Fair Trading (Australian Consumer Law) Amendment Act 2010 No. 54 ss 1–2, 67 sch date of assent 1 December 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2011 (2010 SL No. 359) Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 No. 10 pts 1, 11 date of assent 27 June 2012 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2012 (see s 2) Page 314 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Health Practitioner Registration and Other Legislation Amendment Act 2013 No. 13 pts 1, 8 date of assent 27 March 2013 ss 1–2 commenced on date of assent s 54 (to the extent it repeals a notification of imminent expiry provision) commenced on date of assent (see s 2) ss 21, 23, 40 (to the extent it oms s 384A), 49, 53 (to the extent it ins new pt 13, div 7, hdg and sdivs 1–2), 54 (to the extent it subs pt 14 and repeals the Dental Technicians Registration Act 2001 and the Speech Pathologists Registration Act 2001), 55(1) (to the extent it oms defs “pre-amended Act” and “repealed Act”), 55(2) (to the extent it ins defs “pre-amended Act” and “repealed Act”, paras (a)–(b)), 55(4), (6)–(7), (9)–(10) commenced 20 May 2013 (2013 SL No. 69 item 1) ss 53 (to the extent it ins new pt 13, div 7, sdiv 3), 54 (to the extent it repeals the Health Practitioner Registration Boards (Administration) Act 1999), 55(2) (to the extent it ins def “repealed Act” para (c)), 55(5), (8) commenced 1 July 2013 (2013 SL No. 69 item 2) remaining provisions not yet proclaimed into force (see s 2(1)) 6 List of annotations Long title amd 2010 No. 14 s 18 Short title s 1 amd 2013 No. 13 s 23 The legislative scheme s 4 amd 2001 No. 6 s 7; 2006 No. 56 s 42 sch 1; 2010 No. 14 s 19 Relationship with Health Quality and Complaints Commission Act prov hdg amd 2006 No. 25 s 241(1) sch 3 s 5 amd 2006 No. 25 s 241(1) sch 3; 2010 No. 14 s 20 Division 2—Main objects of this Act div hdg sub 2010 No. 14 s 21 Main objects of Act prov hdg amd 2010 No. 14 s 22(1) s 6 amd 2006 No. 25 s 241(1) sch 3; 2010 No. 14 s 22(2) How main objects of this Act are to be primarily achieved prov hdg amd 2010 No. 14 s 23(1) s 7 amd 2010 No. 14 s 23(2) Application of Act to persons who are no longer registered s 9 amd 2000 No. 46 s 3 sch; 2001 No. 6 s 8 PART 2—ADMINISTRATION Purposes of pt 2 s 10 amd 2009 No. 24 s 1032 Current as at 1 July 2013 Page 315
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Boards’ functions under this Act s 11 amd 2006 No. 25 s 241(1) sch 3 Delegation of certain powers s 12 amd 2006 No. 56 s 42 sch 1; 2009 No. 44 s 28; 2010 No. 14 s 24 Minister’s power to give directions s 13 amd 2009 No. 9 s 136 sch 1 Division 3—Professional conduct review panels Subdivision 1A—Preliminary sdiv hdg ins 2003 No. 68 s 42 om 2010 No. 14 s 25 Definitions for div 3 s 13A ins 2003 No. 68 s 42 om 2010 No. 14 s 25 Restrictions on membership of panel s 18 amd 2001 No. 6 s 9; 2003 No. 68 s 43; 2010 No. 14 s 26 Appointment of secretary s 23 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 27 Functions of secretary s 25 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 28 Division 4—QCAT div hdg sub 2009 No. 24 s 1033 Subdivision 1—Functions of tribunal sdiv hdg prev sdiv hdg sub 2009 No. 24 s 1034 om 2010 No. 14 s 29 pres sdiv hdg renum 2010 No. 14 s 30 Constitution s 26 sub 2009 No. 24 s 1034 om 2010 No. 14 s 29 Members and constitution of tribunal s 27 om 2009 No. 24 s 1034 Tribunal may sit in more than 1 place s 28 om 2009 No. 24 s 1034 Chairperson s 29 amd 2006 No. 56 s 42 sch 1 om 2009 No. 24 s 1034 Functions s 30 amd 2009 No. 24 s 1035 Subdivision 2—Assessors sdiv hdg renum 2010 No. 14 s 31 Page 316 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Assessors to assist tribunal s 31 amd 2009 No. 24 s 1036 Restrictions on appointment of assessors s 32 amd 2001 No. 6 s 10; 2009 No. 24 s 1037 Board must advise principal registrar of specialist and technical issues prov hdg amd 2009 No. 24 s 1038 s 33 amd 2009 No. 24 s 1038 Subdivision 4—Registrar of tribunal sdiv 4 (ss 36–38) om 2009 No. 24 s 1039 Panels of assessors s 39 amd 2001 No. 8 s 237 sch 2; 2003 No. 68 s 44; 2010 No. 14 s 32; 2012 No. 10 s 24 Temporary appointment of panel of assessors s 40A ins 2009 No. 44 s 29 amd 2010 No. 14 s 33 Disqualification from membership of panel of assessors s 41 amd 2001 No. 6 s 11; 2010 No. 14 s 34 Procedure for recommending members of panels of assessors s 42 amd 2001 No. 6 s 12; 2009 No. 24 s 1040; 2009 No. 44 s 30; 2010 No. 14 s 35 Vacation of office s 45 amd 2010 No. 14 s 36 PART 3—COMPLAINTS Purposes of pt 3 s 46 amd 2000 No. 46 s 3 sch Grounds for complaint s 48 amd 2000 No. 46 s 3 sch; 2006 No. 25 s 241(1) sch 3 Action by board on receipt of complaint s 51 amd 2006 No. 25 s 241(1) sch 3 Referral of complaint to commission prov hdg amd 2006 No. 25 s 241(1) sch 3 s 52 amd 2006 No. 25 s 241(1) sch 3 Division 3—How complaints are dealt with Subdivision 2—Complaints made or referred to board by other entities and complaints commission not authorised to receive sdiv hdg amd 2006 No. 25 s 241(1) sch 3 Action by board on receipt of complaint made or referred by another entity, or complaint commission not authorised to receive prov hdg amd 2006 No. 25 s 241(1) sch 3 s 53 amd 2006 No. 25 s 241(1) sch 3 Current as at 1 July 2013 Page 317
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Subdivision 2A—Rejection of complaints sdiv hdg ins 2006 No. 25 s 241(1) sch 3 When complaint may be rejected s 54 amd 2006 No. 25 s 241(1) sch 3 Notice to be given if complaint rejected s 55 amd 2006 No. 25 s 241(1) sch 3; 2009 No. 44 s 31 Board may require further information or statutory declaration s 56 amd 2006 No. 25 s 241(1) sch 3 Withdrawal of complaint s 57 amd 2006 No. 25 s 241(1) sch 3 Purpose of pt 4 s 58 amd 2006 No. 25 s 241(1) sch 3 Immediate suspension or imposition of conditions on registration s 59 amd 2006 No. 25 s 241(1) sch 3; 2009 No. 24 s 1041 When investigation of registrant must be conducted s 62 amd 2000 No. 46 s 3 sch; 2006 No. 25 s 241(1) sch 3 When investigation of registrant may be conducted on board’s initiative s 63 amd 2009 No. 44 s 32 Who may investigate s 64 amd 2000 No. 46 s 3 sch Registrant to be given notice of investigation s 66 amd 2000 No. 46 s 3 sch Registrant may make submissions s 67 amd 2000 No. 46 s 3 sch Who may be appointed as investigator s 73 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 37 Failure to return identify card s 76 sub 2006 No. 56 s 42 sch 1; 2010 No. 14 s 38 Dealing with forfeited things etc. s 98 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 39 Registrant may make submissions about assessment report s 110 amd 2000 No. 46 s 3 sch Board to keep commission informed about investigation prov hdg amd 2006 No. 25 s 241(1) sch 3 s 116 amd 2006 No. 25 s 241(1) sch 3 Commission may report to Minister s 117 sub 2006 No. 25 s 241(1) sch 3 Page 318 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Decision on investigation s 118 amd 2000 No. 46 s 3 sch Board must give notice about investigation to registrant and other persons s 120 amd 2006 No. 25 s 241(1) sch 3 PART 6—DISCIPLINARY PROCEEDINGS Purposes of pt 6 s 122 amd 2000 No. 46 s 3 sch Grounds for disciplinary action s 124 amd 2010 No. 54 s 67 sch How disciplinary proceedings may be started s 126 amd 2000 No. 46 s 3 sch; 2006 No. 25 s 241(1) sch 3; 2009 No. 24 s 1042 Notice of intention to conduct disciplinary proceedings by hearing s 131 amd 2006 No. 25 s 241(1) sch 3 Powers of board to refer matter to panel or tribunal etc. s 134 amd 2006 No. 25 s 241(1) sch 3; 2009 No. 44 s 33 Powers of disciplinary committee to refer matter to panel or tribunal etc. s 135 amd 2006 No. 25 s 241(1) sch 3; 2009 No. 44 s 34 Evidence and findings etc. in other proceedings may be received or adopted s 149 amd 2000 No. 46 s 3 sch Allowance to witnesses s 150 amd 2006 No. 25 s 241(1) sch 3 Notice of intention to conduct disciplinary proceedings by correspondence s 153 amd 2006 No. 25 s 241(1) sch 3 Decision about whether ground for disciplinary action established s 164 amd 2009 No. 44 s 35 Decision about disciplinary action relating to registrant s 165 amd 2000 No. 46 s 3 sch Notification of decision s 168 amd 2000 No. 46 s 3 sch; 2006 No. 25 s 241(1) sch 3; 2009 No. 44 s 36 Parties to disciplinary proceedings s 173 amd 2006 No. 25 s 241(1) sch 3 Notice of intention to conduct hearing s 174 amd 2006 No. 25 s 241(1) sch 3 Pre-hearing conference s 176 amd 2001 No. 6 s 13; 2003 No. 9 s 12 Powers of panel to direct referral of matter to tribunal etc. s 178 amd 2006 No. 25 s 241(1) sch 3 Current as at 1 July 2013 Page 319
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Secretary or other person may assist panel s 185 prov hdg amd 2000 No. 46 s 3 sch Questions to be decided by majority of panel s 188 amd 2003 No. 9 s 13 Interim orders s 190 amd 2001 No. 6 s 14 Inspection of things s 191 amd 2001 No. 6 s 15 Evidence and findings etc. in other proceedings may be received or adopted s 192 amd 2000 No. 46 s 3 sch Self-incrimination s 196 amd 2000 No. 46 s 3 sch Notification of decision of panel s 205 amd 2000 No. 46 s 3 sch; 2006 No. 25 s 241(1) sch 3; 2009 No. 24 s 1043; 2009 No. 44 s 37 Division 6—QCAT div hdg sub 2009 No. 24 s 1044 Tribunal’s jurisdiction s 211 amd 2009 No. 24 s 1045 Additional disciplinary matters s 212 amd 2009 No. 24 s 1046 Allocation of matters and constitution of the tribunal s 213 sub 2009 No. 24 s 1047 (amd 2009 No. 48 s 103) amd 2010 No. 14 s 40 Parties to disciplinary proceedings s 214 amd 2006 No. 25 s 241(1) sch 3 Notice of intention to conduct hearing s 215 amd 2006 No. 25 s 241(1) sch 3; 2009 No. 24 s 1048 Substituted service on registrant and complainant s 216 om 2009 No. 24 s 1049 Compulsory conference s 217 amd 2003 No. 9 s 14 sub 2009 No. 24 s 1050 amd 2010 No. 14 s 41 Procedure for hearing by tribunal s 219 amd 2001 No. 6 s 16 sub 2009 No. 24 s 1051 amd 2010 No. 14 s 42 Page 320 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Time and place of hearing s 220 om 2009 No. 24 s 1052 Evidence by telephone, video link or another form of communication s 221 om 2009 No. 24 s 1052 Hearing of impairment matter s 222 sub 2009 No. 24 s 1053 Tribunal may order suppression of registrant’s name s 223 om 2009 No. 24 s 1054 Evidence of special witnesses s 224 amd 2005 No. 10 s 50 sch om 2009 No. 24 s 1054 Attendance s 225 sub 2009 No. 24 s 1055 Member may have regard to assessor’s views s 227 sub 2009 No. 24 s 1056 Procedure if tribunal member unable to hear matter s 227A ins 2003 No. 9 s 15 om 2009 No. 24 s 1057 Procedure if member or assessor unable to take part in proceedings s 228 sub 2009 No. 24 s 1058 Witnesses s 229 om 2009 No. 24 s 1059 Tribunal may proceed in absence of party or may adjourn hearing s 230 om 2009 No. 24 s 1059 Interim orders s 231 amd 2001 No. 6 s 17; 2009 No. 24 s 1060 Inspection of things s 232 om 2009 No. 24 s 1061 Evidence and findings etc. in other proceedings may be received or adopted s 233 amd 2000 No. 46 s 3 sch Witness expenses and allowances s 234 om 2009 No. 24 s 1062 Tribunal to keep record of disciplinary proceedings s 235 om 2009 No. 24 s 1062 Subdivision 3—Contempt of tribunal sdiv 3 (ss 236–239) om 2009 No. 24 s 1063 Decision about whether ground for disciplinary action established s 240 amd 2001 No. 78 s 66 Current as at 1 July 2013 Page 321
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Decision about disciplinary action relating to registrant s 241 amd 2001 No. 78 s 67 Decision about disciplinary action relating to former registrant s 243 amd 2001 No. 78 s 68 Matters tribunal must consider in making decision about disciplinary action s 244 amd 2000 No. 46 s 3 sch Notification of decision of tribunal s 245 amd 2000 No. 46 s 3 sch; 2003 No. 68 s 45; 2006 No. 25 s 241(1) sch 3; 2009 No. 24 s 1064 Additional information to be included in notice s 246 amd 2009 No. 9 s 136 sch 1 Consequences if other disciplinary action while suspended decision s 249 amd 2009 No. 24 s 1065 Power of tribunal to deal with suspended decision s 250 amd 2000 No. 46 s 3 sch Tribunal must give notice s 251 amd 2003 No. 68 s 46; 2006 No. 25 s 241(1) sch 3; 2009 No. 24 s 1066 Effect of tribunal’s decision s 252 om 2009 No. 24 s 1067 Implementation of decisions s 253 amd 2009 No. 24 s 1068 Costs s 255 amd 2009 No. 44 s 38 Authentication of documents s 256 amd 2000 No. 46 s 3 sch om 2009 No. 24 s 1069 Judicial notice of certain signatures s 257 amd 2000 No. 46 s 3 sch om 2009 No. 24 s 1069 Rule-making power s 258 om 2009 No. 24 s 1069 Practice directions s 259 amd 2003 No. 9 s 16 om 2009 No. 24 s 1069 Division 7—Dissemination of information Subdivision 2—Notification of disciplinary proceedings and disciplinary action sdiv hdg amd 2000 No. 46 s 3 sch Board may notify other entities s 261 amd 2009 No. 24 s 1070; 2010 No. 14 s 17 sch Page 322 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Board may notify other registrants s 262 amd 2001 No. 6 s 18 Records to be kept and made publicly available s 263 amd 2006 No. 56 s 42 sch 1; 2009 No. 24 s 1071; 2010 No. 14 s 43 Matters to be included in board’s annual report s 264 amd 2001 No. 6 s 19; 2006 No. 25 s 241(1) sch 3 Registrant may make submissions about assessment report s 274 amd 2000 No. 46 s 3 sch Notification of board’s decision s 278 amd 2009 No. 44 s 39 Establishment of health assessment committee s 282 amd 2000 No. 46 s 3 sch Power of health assessment committee to require registrant to undergo health assessments s 288 amd 2000 No. 46 s 3 sch sub 2001 No. 78 s 69 Appointment of external assessor s 288A ins 2001 No. 78 s 69 Failure to comply with requirement of health assessment committee s 289 amd 2001 No. 78 s 70; 2006 No. 25 s 241 sch 3–4 Inspection of things s 293 amd 2000 No. 46 s 3 sch External assessor to prepare report about external assessment s 295A ins 2001 No. 78 s 71 Health assessment committee to prepare report s 296 amd 2001 No. 78 s 72 Registrant may make submissions about assessment report s 297 amd 2000 No. 46 s 3 sch Notification of board’s decision s 301 amd 2009 No. 24 s 1072 Notification of other entities s 304 amd 2006 No. 25 s 241(1) sch 3 Conditions or order in force until further decision made s 305 amd 2009 No. 24 s 1073 Registrant may request further health assessment s 306 amd 2009 No. 44 s 40 Use of assessment report s 307 amd 2001 No. 78 s 73 Current as at 1 July 2013 Page 323
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Board must pay cost of assessments s 308 sub 2001 No. 78 s 74 Definition for pt 8 s 310 def “foreign law” amd 2001 No. 6 s 20 Board may take action on basis of foreign law s 311 amd 2001 No. 6 s 21; 2006 No. 25 s 241(1) sch 3; 2009 No. 24 s 1074 Further action by board relating to proposed action s 312 amd 2006 No. 25 s 241(1) sch 3 PART 9—REVIEWS AND APPEALS Purposes of pt 9 s 314 amd 2009 No. 24 s 1075 Who may have conditions reviewed s 316 amd 2009 No. 24 s 1076 Secretary to give notice of review to particular persons s 318 amd 2006 No. 25 s 241(1) sch 3 Division 3—Review by tribunal div hdg amd 2009 No. 24 s 1077 Reviewable decisions prov hdg sub 2009 No. 24 s 1078(1) s 325 amd 2009 No. 24 s 1078(2) Who may apply for review s 326 sub 2009 No. 24 s 1079 Notice to be given to commission s 327 sub 2009 No. 24 s 1079 Review of decision under s 59(2) s 328 amd 2006 No. 25 s 241(1) sch 3 sub 2009 No. 24 s 1079 Panel making decision under s 324 not a party s 329 sub 2009 No. 24 s 1079 Reviews by hearing s 330 sub 2009 No. 24 s 1079 Powers of tribunal on review s 331 amd 2006 No. 25 s 241(2) sch 4 sub 2009 No. 24 s 1079 Notice about conduct of hearing s 332 om 2009 No. 24 s 1079 Appeals by hearing s 333 om 2009 No. 24 s 1079 Page 324 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Appeal may be by written submissions s 334 om 2009 No. 24 s 1079 Appeals by written submissions s 335 om 2009 No. 24 s 1079 Powers of tribunal on appeal etc. s 336 amd 2006 No. 25 s 241(1) sch 3 om 2009 No. 24 s 1079 Decisions that may be reviewed s 337 amd 2009 No. 24 s 1080; 2010 No. 14 s 44 Who may have decision reviewed s 338 amd 2009 No. 24 s 1081 Application for review s 339 sub 2009 No. 24 s 1082 Registrar to give copy of application to particular persons s 340 amd 2006 No. 25 s 241(1) sch 3 sub 2009 No. 24 s 1082 Review may be by hearing or written submission s 341 om 2009 No. 24 s 1083 Notice about hearing s 342 om 2009 No. 24 s 1083 Review by hearing s 343 amd 2009 No. 24 s 1084 Review by written submissions s 344 om 2009 No. 24 s 1085 Powers of tribunal on review s 345 amd 2009 No. 24 s 1086 Appeal to Court of Appeal on questions of law only s 348 om 2009 No. 24 s 1087 How to start an appeal s 349 om 2009 No. 24 s 1087 Appellant to give notice of appeal to particular persons s 350 amd 2006 No. 25 s 241(1) sch 3; 2009 No. 24 s 1088 Stay of operation of appealable decision s 351 om 2009 No. 24 s 1089 Hearing procedures s 352 om 2009 No. 24 s 1089 Court’s decision may be tribunal review decision s 353 sub 2009 No. 24 s 1090 Current as at 1 July 2013 Page 325
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Who may be appointed as inspector s 358 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 45 Failure to return identity card s 361 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 46 PART 11—LEGAL PROCEEDINGS Division 1—Evidence div hdg ins 2001 No. 6 s 22 Application of div 1 s 367A ins 2001 No. 6 s 22 Appointments and authority s 367B ins 2001 No. 6 s 22 amd 2006 No. 25 s 241(1) sch 3; 2006 No. 56 s 42 sch 1; 2009 No. 24 s 1091; 2010 No. 14 s 47 Signatures s 367C ins 2001 No. 6 s 22 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 48 Evidentiary provisions s 367D ins 2001 No. 6 s 22 amd 2006 No. 25 s 241(1) sch 3; 2006 No. 56 s 42 sch 1; 2010 No. 14 s 49 Division 2—Proceedings div hdg ins 2001 No. 6 s 22 Limitation on time for starting summary proceedings s 371 amd 2001 No. 6 s 23 PART 12—GENERAL Board may develop code of practice s 374 amd 2006 No. 25 s 241(1) sch 3 Inspection of code etc. s 375 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 50 Certain investigations not to be conducted or continued s 377 amd 2009 No. 44 s 41 Undertakings s 379 amd 2006 No. 25 s 241(1) sch 3 Effect of suspension s 381 amd 2001 No. 6 s 24; 2001 No. 78 s 75 Division 2A—Provisions about certain registrants div hdg ins 2001 No. 6 s 25 om 2010 No. 14 s 51 Subdivision 1—Preliminary sdiv hdg ins 2001 No. 6 s 25 om 2010 No. 14 s 51 Page 326 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Definitions for div 2A s 381A ins 2001 No. 6 s 25 om 2010 No. 14 s 51 Subdivision 2—Provisions about registrants who are general and specialist registrants sdiv 2 (ss 381B–381E) ins 2001 No. 6 s 25 om 2010 No. 14 s 51 Subdivision 3—Provisions about registrants who are dental technicians and dental prosthetists sdiv 3 (ss 381F–381I) ins 2001 No. 6 s 25 om 2010 No. 14 s 51 Division 2B—Certificates of registration div 2B (ss 381J–381K) ins 2001 No. 6 s 25 Board member or executive officer may give chief executive certain information prov hdg amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 52 s 382 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 52 Board to give notice to commission at end of dealing with complaint prov hdg amd 2006 No. 25 s 241(1) sch 3 s 383 amd 2000 No. 46 s 3 sch; 2003 No. 68 s 47; 2006 No. 25 s 241(1) sch 3 Board may notify other entities s 384 amd 2010 No. 14 s 17 sch Board must notify Commissioner for Children and Young People and Child Guardian about particular information prov hdg amd 2010 No. 5 s 217(1) s 384A ins 2004 No. 49 s 53 sch amd 2010 No. 5 s 217(2)–(4) om 2013 No. 13 s 40 Registrant to give notice of certain convictions to board s 385A ins 2001 No. 6 s 26 Registrant to give board notice of certain judgments and settlements s 385B ins 2001 No. 6 s 26 amd 2006 No. 25 s 241(1) sch 3 Registrant to give board notice about certain events s 385C ins 2001 No. 6 s 26 Protection of officials from liability s 386A ins 2001 No. 6 s 27 amd 2006 No. 56 s 42 sch 1; 2010 No. 14 s 53 Confidentiality s 392 amd 2001 No. 6 s 28; 2001 No. 78 s 76; 2006 No. 56 s 42 sch 1; 2009 No. 24 s 1092; 2009 No. 44 s 42; 2010 No. 14 s 54 Current as at 1 July 2013 Page 327
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Disclosure to protect health or safety of patients or other persons s 392A ins 2010 No. 14 s 55 Board’s annual report must disclose authorisation s 393 amd 2000 No. 46 s 3 sch; 2009 No. 9 s 136 sch 1 Board etc. may give combined notice s 394 amd 2009 No. 24 s 1093 Notices if complainant has not revealed identity s 395 amd 2009 No. 24 s 1094 Board meetings by distance or flying minute s 396 om 2001 No. 6 s 29 Forms s 397 amd 2001 No. 6 s 30; 2009 No. 24 s 1095 PART 12A—PROVISIONS ABOUT PARTICULAR PROCEEDINGS RELATING TO NRAS REGISTRANTS pt hdg ins 2010 No. 14 s 56 Division 1—Preliminary div 1 (ss 398A–398B) ins 2010 No. 14 s 56 Division 2—Jurisdiction of tribunal div 2 (ss 398C–398E) ins 2010 No. 14 s 56 Division 3—Applying for review of tribunal review decision, and decisions tribunal may make div 3 (ss 398F–398H) ins 2010 No. 14 s 56 Division 4—Procedures etc. applying to all NRAS disciplinary proceedings div hdg ins 2010 No. 14 s 56 Subdivision 1—Preliminary sdiv 1 (ss 398I–398J) ins 2010 No. 14 s 56 Subdivision 2—Constitution of tribunal sdiv 2 (s 398K) ins 2010 No. 14 s 56 Subdivision 3—Assessors sdiv 3 (ss 398L–398T) ins 2010 No. 14 s 56 Subdivision 4—Hearings sdiv hdg ins 2010 No. 14 s 56 Advice to be given by tribunal in a hearing s 398U ins 2010 No. 14 s 56 Particular hearings to be held in private s 398V ins 2010 No. 14 s 56 amd 2013 No. 13 s 49 Tribunal may excuse NRAS registrant from attendance s 398W ins 2010 No. 14 s 56 Page 328 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Tribunal may exclude witnesses from hearing s 398X ins 2010 No. 14 s 56 Subdivision 5—Interim orders and evidence etc. sdiv 5 (ss 398Y–398Z) ins 2010 No. 14 s 56 Division 5—Additional procedures div 5 (ss 398ZA–398ZE) ins 2010 No. 14 s 56 Division 6—Provisions about decisions div 6 (ss 398ZF–398ZG) ins 2010 No. 14 s 56 Division 7—Appeals to Court of Appeal from decisions of tribunal div 7 (ss 398ZH–398ZK) ins 2010 No. 14 s 56 Division 8—General matters div hdg ins 2010 No. 14 s 56 Panel of assessors s 398ZL ins 2010 No. 14 s 56 amd 2012 No. 10 s 25 Payment of assessors 398ZM ins 2010 No. 14 s 56 PART 13—TRANSITIONAL PROVISIONS Division 1—Provisions for Health Practitioners (Professional Standards) Act 1999 div hdg ins 2001 No. 6 s 31 Existing complaints and disciplinary proceedings s 400 amd 2006 No. 25 s 241(2) sch 4 Saving of existing orders made by boards or Medical Assessment Tribunal s 403 amd 2001 No. 6 s 32 Division 2—Provisions for Health Practitioners Legislation Amendment Act 2001 div hdg ins 2001 No. 6 s 33 Transitional provision about health practitioner registration Act s 405 prev s 405 om R1 (see RA s 40) pres s 405 ins 2001 No. 6 s 33 Division 3—Provisions for Health Quality and Complaints Commission Act 2006 div 3 (ss 405A–405H) ins 2006 No. 25 s 241(1) sch 3 Division 4—Provisions for Medical Board (Administration) Act 2006 div 4 (ss 405I–405K) ins 2006 No. 56 s 42 sch 1 Division 4A—Transitional provision for Criminal History Screening Legislation Amendment Act 2010 div hdg (prev div 5 hdg) ins 2010 No. 5 s 218 renum 2012 No. 10 s 26 Current as at 1 July 2013 Page 329
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Giving particular information to Commissioner for Children and Young People and Child Guardian s 405KA (prev s 405L) ins 2010 No. 5 s 218 renum 2012 No. 10 s 27 Division 5—Provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 div 5 (ss 405L–405V) ins 2010 No. 14 s 57 Division 6—Provision for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 div 6 (ss 405W–405ZG) ins 2012 No. 10 s 28 Division 7—Provisions for the Health Practitioner Registration and Other Legislation Amendment Act 2013 div hdg ins 2013 No. 13 s 53 Subdivision 1—Provisions for amendment of Health Practitioners (Professional Standards) Act 1999 sdiv hdg ins 2013 No. 13 s 53 Definition for sdiv 1 s 406 orig s 406 om R1 (see RA s 40) prev s 406 (orig s 405) ins 2001 No. 78 s 77 renum 2003 No. 9 s 67 sch om 2013 No. 13 s 54 pres s 406 ins 2013 No. 13 s 53 Division 1—Amendment of Chiropractors and Osteopaths Act 1979 div hdg orig pt 14 div 1 hdg om R1 (see RA s 7(1)(k)) Existing disciplinary proceedings not finally dealt with s 407 om R1 (see RA s 40) ins 2013 No. 13 s 53 Chief executive to give children’s commissioner further information s 408 om R1 (see RA s 40) ins 2013 No. 13 s 53 Subdivision 2—Provisions relating to the repeal of Dental Technicians Registration Act 2001 and Speech Pathologists Registration Act 2001 sdiv hdg ins 2013 No. 13 s 53 Definitions for sdiv 2 s 409 om R1 (see RA s 40) ins 2013 No. 13 s 53 Assets and liabilities etc. s 410 om R1 (see RA s 40) ins 2013 No. 13 s 53 Records s 411 om R1 (see RA s 40) ins 2013 No. 13 s 53 Page 330 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Subdivision 3—Provisions relating to the repeal of Health Practitioner Registration (Administration) Act 1999 sdiv hdg ins 2013 No. 13 s 53 Definitions for sdiv 3 s 412 prev s 412 om R1 (see RA s 40) pres s 412 ins 2013 No. 13 s 53 Assets and liabilities etc. s 413 prev s 413 om R1 (see RA s 40) pres s 413 ins 2013 No. 13 s 53 Records s 414 prev s 414 om R1 (see RA s 40) pres s 414 ins 2013 No. 13 s 53 Refund of proportion of registration fee s 415 prev s 415 om R1 (see RA s 40) pres s 415 ins 2013 No. 13 s 53 Division 2—Amendment of Dental Act 1971 div hdg orig pt 14 div 2 hdg om R1 (see RA s 7(1)(k)) PART 14—REPEALS pt hdg prev pt 14 hdg om R1 (see RA s 7(1)(k)) pres pt 14 hdg ins 2001 No. 78 s 77 sub 2013 No. 13 s 54 Repeals s 416 prev s 416 om R1 (see RA s 40) pres s 416 ins 2013 No. 13 s 54 Omission of s 26 (Disciplinary action) s 417 om R1 (see RA s 40) Omission of s 26A (Discreditable conduct by associations of persons) s 418 om R1 (see RA s 40) Omission of s 26K (Effect of suspension) s 419 om R1 (see RA s 40) Amendment of s 26L (Restoration of name to register) s 420 om R1 (see RA s 40) Replacement of s 28 (Notification of board’s determinations) s 421 om R1 (see RA s 40) Amendment of s 29 (Appeals) s 422 om R1 (see RA s 40) Division 3—Amendment of Dental Technicians and Dental Prosthetists Act 1991 div hdg om R1 (see RA s 7(1)(k)) ss 423–427 om R1 (see RA s 40) Current as at 1 July 2013 Page 331
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes Division 4—Amendment of Health Act 1937 div hdg om R1 (see RA s 7(1)(k)) ss 428–430 om R1 (see RA s 40) Division 5—Amendment of Health Rights Commission Act 1991 div hdg om R1 (see RA s 7(1)(k)) ss 431–462 om R1 (see RA s 40) Division 6—Amendment of Health Services Act 1991 div hdg om R1 (see RA s 7(1)(k)) ss 463–464 om R1 (see RA s 40) Division 7—Amendment of Medical Act 1939 div hdg om R1 (see RA s 7(1)(k)) ss 465–493 om R1 (see RA s 40) Division 8—Amendment of Nursing Act 1992 div hdg om R1 (see RA s 7(1)(k)) ss 494–503 om R1 (see RA s 40) Division 9—Amendment of Occupational Therapists Act 1979 div hdg om R1 (see RA s 7(1)(k)) ss 504–509 om R1 (see RA s 40) Division 10—Amendment of Optometrists Act 1974 div hdg om R1 (see RA s 7(1)(k)) ss 510–514 om R1 (see RA s 40) Division 11—Amendment of Pharmacy Act 1976 div hdg om R1 (see RA s 7(1)(k)) ss 515–520 om R1 (see RA s 40) Division 12—Amendment of Physiotherapists Act 1964 div hdg om R1 (see RA s 7(1)(k)) ss 521–526 om R1 (see RA s 40) Division 13—Amendment of Podiatrists Act 1969 div hdg om R1 (see RA s 7(1)(k)) ss 527–530 om R1 (see RA s 40) Division 14—Amendment of Police Powers and Responsibilities Act 1997 div hdg om R1 (see RA s 7(1)(k)) ss 531–532 om R1 (see RA s 40) Division 15—Amendment of Psychologists Act 1977 div hdg om R1 (see RA s 7(1)(k)) ss 533–538 om R1 (see RA s 40) Division 16—Amendment of Speech Pathologists Act 1979 div hdg om R1 (see RA s 7(1)(k)) ss 539–544 om R1 (see RA s 40) SCHEDULE—DICTIONARY def “amending Act” ins 2010 No. 14 s 58(2) Page 332 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes sub 2012 No. 10 s 29(2) def “appealable decision” ins 2010 No. 14 s 58(2) def “approved form” amd 2001 No. 6 s 34(3) sub 2009 No. 24 s 1096(1)–(2) def “assessor” amd 2009 No. 24 s 1096(3) sub 2010 No. 14 s 58(1)–(2) def “attendance notice” amd 2009 No. 24 s 1096(4) def “certificate of registration” ins 2001 No. 6 s 34(2) def “certificate of specialist registration” ins 2001 No. 6 s 34(2) om 2010 No. 14 s 58(1) def “chairperson” amd 2001 No. 4 s 267 sch 2; 2001 No. 7 s 302 sch 2 (amdt could not be given effect) sub 2001 No. 6 s 34(1)–(2) def “commencement” ins 2006 No. 25 s 241(1) sch 3 sub 2006 No. 56 s 42 sch 1 amd 2010 No. 14 s 58(3); 2012 No. 10 s 29(3); 2013 No. 13 s 55(4) def “commission” ins 2006 No. 25 s 241(1) sch 3 def “commissioner” om 2006 No. 25 s 241(1) sch 3 def “complainant” amd 2006 No. 25 s 241(1) sch 3 def “constituting member” sub 2009 No. 24 s 1096(1)–(2) def “corresponding law” ins 2001 No. 6 s 34(2) def “disciplinary matter” amd 2003 No. 9 s 67 sch def “disciplinary proceedings” amd 2003 No. 9 s 67 sch def “executive officer” amd 2013 No. 13 s 55(5) def “executive officer (medical)” ins 2006 No. 56 s 42 sch 1 om 2010 No. 14 s 58(1) def “external assessment” ins 2001 No. 78 s 78 def “external assessment report” ins 2001 No. 78 s 78 def “external assessor” ins 2001 No. 78 s 78 def “foreign disciplinary body” amd 2001 No. 6 s 34(4); 2010 No. 14 s 58(4) def “foreign regulatory authority” amd 2000 No. 46 s 3 sch; 2001 No. 6 s 34(5); 2010 No. 14 s 58(5) def “former board” ins 2010 No. 14 s 58(2) amd 2012 No. 10 s 29(4); 2013 No. 13 s 55(6) def “health, conduct or performance action” ins 2010 No. 14 s 58(2) def “Health Insurance Commission” om 2010 No. 14 s 17 sch def “health practitioner registration Act” amd 2001 No. 3 s 241 sch 2; 2001 No. 4 s 267 sch 2; 2001 No. 5 s 247 sch 2; 2001 No. 7 s 302 sch 2; 2001 No. 8 s 237 sch 2; 2001 No. 9 s 239 sch 2; 2001 No. 10 s 237 sch 2; 2001 No. 12 s 245 sch 2; 2001 No. 13 s 242 sch 2; 2001 No. 14 s 238 sch 2; 2001 No. 15 s 255 sch 2; 2001 No. 16 s 236 sch 2 sub 2010 No. 14 s 58(1)–(2) amd 2012 No. 10 s 29(5); 2013 No. 13 s 55(7) def “Health Practitioner Regulation National Law (Queensland)” ins 2012 No. 10 s 29(1) def “Health Practitioners Tribunal” om 2009 No. 24 s 1096(1) def “Health Rights Commissioner” ins 2006 No. 25 s 241(1) sch 3 def “health service provider” amd 2001 No. 8 s 237 sch 2; 2003 No. 68 s 48 Current as at 1 July 2013 Page 333
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes def “judicial member” ins 2010 No. 14 s 58(2) def “medical board” ins 2006 No. 56 s 42 sch 1 om 2010 No. 14 s 58(1) def “Medicare Australia” ins 2010 No. 14 s 17 sch def “National Agency” ins 2010 No. 14 s 58(2) def “national board” ins 2010 No. 14 s 58(2) def “National Law” ins 2010 No. 14 s 58(2) def “National Law (Queensland)” ins 2010 No. 14 s 58(2) def “national panel” ins 2010 No. 14 s 58(2) def “notice of appeal” sub 2009 No. 24 s 1096(1)–(2) def “notice of review” amd 2006 No. 56 s 42 sch 1 sub 2009 No. 24 s 1096(1)–(2) def “notification” ins 2010 No. 14 s 58(2) def “notifier” ins 2010 No. 14 s 58(2) def “NRAS disciplinary body” ins 2010 No. 14 s 58(2) def “NRAS disciplinary matter” ins 2010 No. 14 s 58(2) def “NRAS disciplinary proceeding” ins 2010 No. 14 s 58(2) def “NRAS health profession” ins 2010 No. 14 s 58(2) def “NRAS registered health practitioner” ins 2010 No. 14 s 58(2) def “NRAS registrant” ins 2010 No. 14 s 58(2) def “NRAS registrant’s board” ins 2010 No. 14 s 58(2) def “NRAS student” ins 2010 No. 14 s 58(2) def “nurse” sub 2010 No. 14 s 58(1)–(2) def “office” amd 2013 No. 13 s 55(8) def “office (medical)” ins 2006 No. 56 s 42 sch 1 om 2010 No. 14 s 58(1) def “panel of assessors” ins 2010 No. 14 s 58(2) def “panels of assessors” om 2010 No. 14 s 58(1) def “pre-amended Act” ins 2006 No. 56 s 42 sch 1 sub 2013 No. 13 s 55(1)–(2) def “president” ins 2009 No. 24 s 1096(2) def “principal registrar” ins 2009 No. 24 s 1096(2) def “profession” amd 2001 No. 3 s 241 sch 2; 2001 No. 4 s 267 sch 2; 2001 No. 5 s 247 sch 2; 2001 No. 7 s 302 sch 2; 2001 No. 8 s 237 sch 2; 2001 No. 9 s 239 sch 2; 2001 No. 10 s 237 sch 2; 2001 No. 12 s 245 sch 2; 2001 No. 13 s 242 sch 2; 2001 No. 14 s 238 sch 2; 2001 No. 15 s 255 sch 2; 2001 No. 16 s 236 sch 2 sub 2010 No. 14 s 58(1)–(2) amd 2012 No. 10 s 29(6); 2013 No. 13 s 55(9) def “professional panel of assessors” sub 2010 No. 14 s 58(1)–(2) def “QCAT registry” ins 2010 No. 14 s 58(2) def “Queensland Nursing Council” ins 2009 No. 44 s 43 om 2010 No. 14 s 17 sch def “register” ins 2010 No. 14 s 58(2) def “registrar” om 2009 No. 24 s 1096(1) def “relevant decision-making provision” ins 2010 No. 14 s 58(2) def “repealed Act” ins 2006 No. 25 s 241(1) sch 3 sub 2013 No. 13 s 55(1)–(2) Page 334 Current as at 1 July 2013
Health Practitioners (Disciplinary Proceedings) Act 1999 Endnotes def “repealed health practitioner registration Act” ins 2001 No. 6 s 34(2) def “repealed health practitioner registration Act” , for part 13, ins 2010 No. 14 s 58(2) sub 2012 No. 10 s 29(7) def “reviewable decision” sub 2009 No. 24 s 1096(1)–(2); 2010 No. 14 s 58(1)–(2) def “tribunal” sub 2009 No. 24 s 1096(1)–(2) def “tribunal member” om 2009 No. 24 s 1096(1) def “tribunal review decision” ins 2009 No. 24 s 1096(2) sub 2010 No. 14 s 58(1)–(2) def “user” amd 2010 No. 14 s 58(6); 2013 No. 13 s 55(10) 7 Forms notified or published in the gazette Lists of forms are no longer included in reprints. Now see the separate forms document published on the website of the Office of the Queensland Parliamentary Counsel at <www.legislation.qld.gov.au> under Information—Current annotations. This document is updated weekly and the most recent changes are marked with a change bar. © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 1 July 2013 Page 335