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Medical Practitioners Registration Act 2001

Queensland Medical Practitioners Registration Act 2001 Reprinted as in force on 1 January 2010 Reprint No. 2H This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 Act No. 14 s 123

Information about this reprint This Act is reprinted as at 1 January 2010. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Medical Practitioners Registration Act 2001 Contents Part 1 Division 1 1 2 Division 2 3 4 5 6 Division 3 7 Division 4 8 Part 2 Division 1 9 10 11 11A 12 13 14 Division 2 15 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Operation of Act Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 ......................................... 16 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . 16 Objects Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Medical Board of Queensland Establishment and functions Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Board’s relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . 17 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Board to act promptly etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Board’s independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Membership Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

16 17 18 19 20 21 22 23 24 25 26 Division 3 27 28 29 30 31 32 Division 4 33 34 Division 5 35 Division 6 36 Division 7 37 Division 8 38 39 40 Part 3 Division 1 41 2 Medical Practitioners Registration Act 2001 Appointed registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . Leave of absence for an appointed member . . . . . . . . . . . . . . . . Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board business Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board committees Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . Disclosure of interests by board members and committee members Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions by Minister Minister’s power to give directions in the public interest . . . . . . . . Annual reports Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . Other provisions about the board Board is statutory body under the Financial Accountability Act 2009 ....................................... Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board’s common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration Preliminary Who may apply for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 23 24 24 25 25 26 26 26 26 27 27 27 27 27 28 28 29 29 31 31 32 32 33 33

3 Medical Practitioners Registration Act 2001 Division 2 Subdivision 1 42 Subdivision 2 43 44 45 Subdivision 3 46 47 48 49 50 Subdivision 4 51 52 53 54 Subdivision 5 55 Subdivision 6 56 Subdivision 7 57 58 59 60 Division 3 61 62 63 64 65 66 67 Applications for general registration Applications Procedural requirements for applications . . . . . . . . . . . . . . . . . . . Eligibility for general registration Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When applicant is qualified for general registration . . . . . . . . . . . Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . Inquiries into applications Board’s powers before deciding applications . . . . . . . . . . . . . . . . Appointment of appropriately qualified person to conduct health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment for health assessments and reports . . . . . . . . . . . . . . . Decision on applications Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Steps to be taken after application decided . . . . . . . . . . . . . . . . . Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . Information in certificates of general registration Forms of certificates of general registration . . . . . . . . . . . . . . . . . Period of general registration Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of general registration Imposition of internship conditions . . . . . . . . . . . . . . . . . . . . . . . . Imposition of supervised practice program conditions . . . . . . . . . Imposition of other conditions by board . . . . . . . . . . . . . . . . . . . . Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisional general registration Meaning of authorised person for div 3 . . . . . . . . . . . . . . . . . . . . Provisional general registration of a person on internship conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confirmation or cancellation of provisional general registration . . Procedure after cancellation of provisional general registration. . Form of certificate of provisional general registration. . . . . . . . . . Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board decides to register provisional general registrant as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 34 34 35 37 38 39 39 40 40 40 40 41 43 43 43 45 46 47 47 47 49 49 50 50 50

4 Medical Practitioners Registration Act 2001 68 69 Division 4 Subdivision 1 69A 70 Subdivision 2 71 72 73 Subdivision 3 74 75 76 77 Division 5 77A 78 79 80 81 82 83 Division 6 84 85 86 87 88 89 Division 7 90 91 Board decides to refuse to register provisional general registrant as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deemed refusal by board to register provisional general registrant as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . Renewal of general registrations Preliminary Non-application of div 4 to short-term registration . . . . . . . . . . . . Meaning of recency of practice requirements . . . . . . . . . . . . . . . Applications for renewal of general registrations Notification of imminent expiry of registration. . . . . . . . . . . . . . . . Procedural requirements for applications . . . . . . . . . . . . . . . . . . . General registration taken to be in force while application is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on applications Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recency of practice requirements are not satisfied . . . . . . . . . . . Steps to be taken after application decided . . . . . . . . . . . . . . . . . Restoration of general registrations Non-application of div 5 to short-term registration . . . . . . . . . . . . Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . When an application for restoration of a general registration may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedural requirements for applications . . . . . . . . . . . . . . . . . . . Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . When recency of practice conditions take effect . . . . . . . . . . . . . Cancellation of general registrations Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representations about show cause notices . . . . . . . . . . . . . . . . . Ending show cause process without further action . . . . . . . . . . . Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of cancelled certificate of general registration to board . . Reviewing probationary conditions on general registrations Review of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . Registrant to give notice of completion of internship, or supervised practice program, to board. . . . . . . . . . . . . . . . . . . . . 51 51 51 52 52 52 53 54 55 55 56 57 57 57 57 58 58 58 59 60 60 60 60 61 61 61

5 Medical Practitioners Registration Act 2001 92 93 94 95 96 97 Division 8 Subdivision 1 98 99 100 101 102 103 104 105 106 107 108 Subdivision 2 109 Division 9 Subdivision 1 110 Subdivision 2 111 Subdivision 3 112 113 Subdivision 4 114 115 116 117 Board to give notice to internship nominee or supervisor . . . . . . Board’s powers before making decision . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When decision takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure by board to make decision . . . . . . . . . . . . . . . . . . . . . . . . Issuing new certificate of general registration . . . . . . . . . . . . . . . Reviewing conditions of general registrations Review of conditions imposed by the board or QCAT Review of conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . Review of conditions during review period . . . . . . . . . . . . . . . . . . Board’s powers before making decision . . . . . . . . . . . . . . . . . . . . Application of ss 47–50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When decision takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure by board to make decision on application. . . . . . . . . . . . . Failure by board to make decision on review agreed to under s 100 .......................................... Further decision required if certain conditions changed. . . . . . . . Recording change, or removal, of conditions Amending, replacing, or issuing new, certificate of general registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Specialist registration Applications Procedural requirements for applications . . . . . . . . . . . . . . . . . . . Eligibility for specialist registration Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries into applications Board’s powers before deciding applications . . . . . . . . . . . . . . . . Application of ss 47–50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on applications Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Steps to be taken after application decided . . . . . . . . . . . . . . . . . Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . 62 63 64 64 65 65 66 66 67 67 68 68 69 69 70 71 71 72 72 73 75 76 76 77 77 78

6 Medical Practitioners Registration Act 2001 Subdivision 5 Information in certificates of specialist registration 118 Form of certificates of specialist registration . . . . . . . . . . . . . . . . Subdivision 6 Period of specialist registration 119 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 7 Conditions of specialist registration 120 Conditions attaching to general registration applicable to specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . 121A Condition of practice under supervision . . . . . . . . . . . . . . . . . . . . 122 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Standard condition of specialist registration of certain persons . . Subdivision 8 Application of certain provisions 124 Application of certain provisions to provisional specialist registration and specialist registration . . . . . . . . . . . . . . . . . . . . . 125 Provisional specialist registration of a person . . . . . . . . . . . . . . . Subdivision 9 Miscellaneous 126 Additional information to be included in show cause notice . . . . . 127 Effect on specialist registration if general registration ceases to have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Effect on specialist registration if conditions on general registration are changed or removed . . . . . . . . . . . . . . . . . . . . . . 129 Restoration of specialist registration . . . . . . . . . . . . . . . . . . . . . . 130 Decision about recording details of certain conditions in register Division 10 Special purpose registrations Subdivision 1AA Preliminary 130A Definitions for div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 1 Eligibility for special purpose registration 131 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Postgraduate study or training . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Supervised training to prepare for clinical examination . . . . . . . . 134 Medical teaching or research, and connected practice . . . . . . . . 135 Practice in area of need . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Study or training to obtain a qualification in a specialty . . . . . . . . 137 Practice in the public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Practice in general practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Applications for special purpose registration 139 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . 79 80 80 81 81 82 82 82 84 85 85 86 87 88 88 89 89 90 90 91 93 93 93 94 95

7 Medical Practitioners Registration Act 2001 140A Standard condition—registration under ss 132–137 . . . . . . . . . . 140B Standard condition—registration under ss 132–136 . . . . . . . . . . 141 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . 142 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Provisional special purpose registration of a person . . . . . . . . . . 143A Deemed specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Renewal of special purpose registrations 143B Non-application of sdiv 3 to short-term registration . . . . . . . . . . . 144 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . 145 Matters that may be considered in deciding applications for renewal of special purpose registrations . . . . . . . . . . . . . . . . . . . 146 Renewal on conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Period of renewed special purpose registration . . . . . . . . . . . . . . Subdivision 4 Cancellation of special purpose registrations 148 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 5 Changing or removing conditions 149A Changing conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150A Amending, replacing, or issuing new, certificate of general registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 6 Notification of the board 150AA Notice to the board of temporary or permanent transfer to junior medical officer position. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150AB Approval of proposed supervised practice plan . . . . . . . . . . . . . . 150AC Notice to the board of supervised training . . . . . . . . . . . . . . . . . . Division 10A Limited registrations and non-practising registrations Subdivision 1AA Limited registration 150AD Limitation on right to practise . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 1 Eligibility for non-practising registration 150B Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Applications for non-practising registration 150C Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150D Suitability of proposed non-practising registrant . . . . . . . . . . . . . 150E Board’s powers before deciding applications . . . . . . . . . . . . . . . . 150F Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150G Forms of certificates of non-practising registration. . . . . . . . . . . . 150H Standard condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 95 96 96 96 97 98 98 98 99 100 100 100 101 102 102 103 106 108 109 111 111 111 113 113 114 114

8 Medical Practitioners Registration Act 2001 Subdivision 3 150I 150J Division 11 151 152 153 154 155 156 156A 156B Part 4 Division 1 157 158 159 160 161 162 163 164 165 Division 2 166 Division 3 168 169 Division 4 170 Division 5 171 172 Division 6 173 Cancellation of non-practising registrations Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions about registrations Person is taken to be registered under this part. . . . . . . . . . . . . . Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of certificates of registration . . . . . . . . . . . . . . . . . . Certified copy of certificates of registration . . . . . . . . . . . . . . . . . Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . Notification of certain events to interstate regulatory authorities and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short-term registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report about delayed applications . . . . . . . . . . . . . . . . . . . . . . . . Obligations of registrants and other persons Restricted titles and holding out Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taking of restricted specialist title etc. by person . . . . . . . . . . . . . Using restricted specialist title in relation to other person . . . . . . Use of title ‘doctor’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to registration and prohibited conduct by non-registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to other persons’ registration. . . . . . . . . . . Restrictions on certain registrants . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on provisional registrants . . . . . . . . . . . . . . . . . . . . . Restrictions on registrants registered on conditions. . . . . . . . . . . Reportable misconduct Registrant must give notice about reportable misconduct . . . . . . Advertising Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information to appear in advertisements . . . . . . . . . . . . . . . . . . . Registrants’ autonomy Aiding, abetting etc. conduct that is a ground for disciplinary action ......................................... Court orders and injunctions Persons may be prohibited from supplying health services etc.. . Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reprisals Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . 114 114 115 115 116 116 117 117 118 119 119 121 122 123 124 126 127 128 129 129 131 132 133 133 134 136

174 175 Division 7 176 177 Part 5 Division 1 178 Division 2 179 180 180A 181 182 183 184 185 Division 3 186 187 188 189 Division 4 190 191 192 193 194 195 Division 5 196 197 Part 6 Division 1 198 9 Medical Practitioners Registration Act 2001 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions Protection for registrants providing information about indictable offences to police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment, or acceptance of payment, for referrals prohibited . . . . Intern training programs and intern training secondment programs Preliminary Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditation of a program Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criteria for applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal of accreditation Applications for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditation taken to be in force while application is considered Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of accreditation Ground for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representations about show cause notices . . . . . . . . . . . . . . . . . Ending show cause process without further action . . . . . . . . . . . Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of accreditation certificate to board . . . . . . . . . . . . . . . . . General provisions about accreditation Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of accreditation certificates . . . . . . . . . . . . . . . . . . Investigation and enforcement Inspectors Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 137 137 138 138 139 139 140 140 141 141 141 142 142 142 143 143 144 144 145 145 145 146 146 147 147

10 Medical Practitioners Registration Act 2001 199 200 Division 2 201 202 203 204 205 Division 3 Subdivision 1 206 Subdivision 2 207 208 209 210 211 Subdivision 3 212 213 214 Subdivision 4 215 216 217 218 219 220 221 222 223 224 225 Subdivision 5 226 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . Appointment of inspectors and other matters Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of inspector’s identity card . . . . . . . . . . . . . Powers of inspectors Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for entry Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . Powers after entry General powers after entering places . . . . . . . . . . . . . . . . . . . . . Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to seize evidence Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seizing evidence at a place that may only be entered with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with forfeited things etc.. . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to obtain information Power to require name and address . . . . . . . . . . . . . . . . . . . . . . 147 148 148 148 149 149 149 150 150 151 152 152 154 154 155 156 156 156 157 157 157 158 158 160 160 160 161 161

227 228 229 230 Division 4 231 232 233 234 235 236 Part 7 237 238 Part 8 Division 1 242 243 244 245 Division 2 246 247 248 249 250 251 252 253 Part 9 Division 1 254 255 Division 2 256 Division 3 257 11 Medical Practitioners Registration Act 2001 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents . . . . . . . . . . . . . . . . . . Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . General enforcement matters Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reviews by QCAT Who may apply for a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular matters relating to powers of QCAT . . . . . . . . . . . . . . . Legal proceedings Evidence Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for acts or omissions of representatives . . . . . . . . Executive officers must ensure corporation complies with Act. . . Register, records and information Register Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records to be kept Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 162 162 163 163 164 164 165 165 165 166 166 166 167 167 167 168 168 169 169 169 170 170 171 171 173 173 174

258 Part 10 Division 1 259 260 261 262 263 264 265 Division 2 266 Division 3 267 268 269 Division 4 270 271 272 273 274 275 276 277 278 Part 11 Division 1 279 Division 2 280 281 282 283 284 12 Medical Practitioners Registration Act 2001 Board’s annual report must disclose authorisation. . . . . . . . . . . . Miscellaneous Abandoned, and other, health records Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board may take possession of abandoned health records. . . . . . Health records forming part of deceased estate . . . . . . . . . . . . . Health records of persons convicted of an offence against s 157(1) or (6), 158 or 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with certain health records seized under s 215 or 216 . . How board may deal with health records . . . . . . . . . . . . . . . . . . . Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuing professional education of registrants Continuing professional education programs . . . . . . . . . . . . . . . . Declared events Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deemed general or specialist registration of visiting practitioners Other provisions Provision of certain professional services by interstate practitioners .................................... Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . Protection for persons involved in supervising registrants . . . . . . False or misleading information or documents. . . . . . . . . . . . . . . Certificates etc. not to be false or misleading. . . . . . . . . . . . . . . . Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal and transitional provisions Repeal Repeal of Medical Act 1939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Act No. 7 of 2001 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Saving of certain orders made under repealed Act . . . . . . . . . . . References to repealed Act or former board . . . . . . . . . . . . . . . . Board is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 176 176 176 177 177 177 178 178 179 180 180 181 181 182 183 185 186 186 186 186 187 187 188 188 188 188

13 Medical Practitioners Registration Act 2001 285 286 287 288 289 290 291 292 293 294 295 296 297 298 300 301 Division 3 302 Division 4 303 Division 4 303 Schedule 1 Schedule 3 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with matter under Health Practitioners (Professional Standards) Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changing or removing conditions imposed under repealed Act . . Existing applications for certain column 1 registrations . . . . . . . . Suspended registrations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuation of approvals for intern training . . . . . . . . . . . . . . . . . Unmet area of need . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certain Act has not been repealed. . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Medical Practitioners Registration Amendment Act 2006 Transitional—amendment of regulation . . . . . . . . . . . . . . . . . . . . Transitional provision for Medical Board (Administration) Act 2006 Continuing appointment of inspector . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Health Legislation Amendment Act 2006 Existing special purpose registration . . . . . . . . . . . . . . . . . . . . . . Decisions for which information notices must be given . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 189 189 189 189 191 191 191 192 194 195 195 195 196 196 196 198 198 199 200 204 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . 216 216 217 217 218 218 220 227

s 1 15 s 4 Medical Practitioners Registration Act 2001 Medical Practitioners Registration Act 2001 [as amended by all amendments that commenced on or before 1 January 2010] An Act to provide for the registration of medical practitioners, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Medical Practitioners Registration Act 2001 . 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Operation of Act 3 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. 4 The legislative scheme This Act is part of a legislative scheme (the legislative scheme ) consisting of the health practitioner registration Acts, the Health Practitioner Registration Boards (Administration)

s 5 16 s 7 Medical Practitioners Registration Act 2001 Act 1999 , the Medical Board (Administration) Act 2006 and the Health Practitioners (Professional Standards) Act 1999 . 5 Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 (1) This section applies if the board is making— (a) a decision on an application for registration; or (b) a decision, under this Act, affecting a registrant’s registration. (2) The decision must comply with, and be consistent with, any decision of the board, a disciplinary committee, a professional conduct review panel, QCAT or the Court of Appeal, affecting the applicant or registration, under the Health Practitioners (Professional Standards) Act 1999 . 6 Mutual recognition legislation not affected This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 . Division 3 Objects 7 Objects of Act (1) The 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 profession; and (c) to maintain public confidence in the profession. (2) The objects are to be achieved mainly by— (a) establishing the Medical Board of Queensland; and

s 8 17 s 11 Medical Practitioners Registration Act 2001 (b) providing for the registration of persons under this Act; and (c) imposing obligations on persons in relation to the practice of the profession; and (d) providing for compliance with this Act to be monitored and enforced. Division 4 Interpretation 8 Definitions The dictionary in schedule 3 defines particular words used in this Act. Part 2 Medical Board of Queensland Division 1 Establishment and functions 9 Establishment of board (1) The Medical Board of Queensland is established. (2) The board— (a) is a body corporate; and (b) has a common seal; and (c) may sue and be sued in its corporate name. 10 Board’s relationship with the State The board does not represent the State. 11 Functions of board The board has the following functions—

s 11 18 s 11 Medical Practitioners Registration Act 2001 (a) to assess applications for registration; (b) to register persons who satisfy the requirements for registration; (c) to monitor, and assess, whether registrants comply with any conditions of registration; (d) to keep a register of, and records relating to, registrants; (e) to promote high standards of practice of the profession by registrants; (f) to develop or adopt programs for the continuing professional education of registrants, and encourage their participation in the programs; (g) to develop or adopt training programs in the practice of the profession that are relevant to a person’s eligibility for registration; Example of training programs — refresher courses for persons who have not practised the profession for a number of years (h) to accredit intern training programs and intern training secondment programs; (i) to confer and cooperate with interstate regulatory authorities; (j) to confer and cooperate with entities engaged in the development of national policies about the regulation of the profession; (k) to confer and cooperate with the following entities about the education of persons in the practice of the profession— (i) educational institutions; (ii) entities responsible for accrediting courses, or accrediting institutions to educate persons, for the profession; (l) to inform registrants and the public about the operation of the legislative scheme in its application to the profession;

s 11A 19 Medical Practitioners Registration Act 2001 s 12 (m) to examine, and advise the Minister about, the operation of the legislative scheme in its application to the profession; (n) to monitor, and enforce, compliance with this Act; (o) to undertake research, relevant to the legislative scheme, into the regulation of the profession; (p) to collect, and give to persons, information about the practice of the profession by registrants; Example of information about the practice of the profession by registrants — the languages, other than English, spoken by registrants (q) to perform other functions given to the board under this or another Act. Example for paragraph (q) — Under the Health Practitioners (Professional Standards) Act 1999 , section 374, the board may develop codes of practice, or adopt another entity’s code of practice, to provide guidance to registrants as to appropriate professional conduct or practice. 11A Board to act promptly etc. (1) This section applies to the board in the performance of its functions relating to registration under section 11(a) and (b). (2) The board must act promptly. (3) The board must have simple and flexible processes that are easy for applicants to use. (4) The board must act under subsections (2) and (3) in a way that is consistent with a proper consideration of the issues involved, with the objects of this Act and with the way it is required to act under section 12. 12 Board’s independence etc. In performing its functions, the board is to act independently, impartially and in the public interest.

s 13 20 s 14 Medical Practitioners Registration Act 2001 13 Powers of board (1) The board has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) enter into service agreements; and (c) acquire, hold, dispose of, and deal with, property; and (d) appoint agents and attorneys; and (e) engage consultants; and (f) fix charges, and other terms, for services and other facilities it supplies; and (g) do anything else necessary or convenient to be done for, or in connection with, its functions. (2) This section does not authorise the board to obtain administrative and operational support other than as required by the Medical Board (Administration) Act 2006 . (3) Without limiting subsection (1), the board has the powers given to it under this or another Act. (4) The board may exercise its powers inside or outside Queensland. (5) Without limiting subsection (4), the board may exercise its powers outside Australia. 14 Delegation by board (1) The board may delegate its powers under this Act to— (a) a member; or (b) a committee of the board consisting of appropriately qualified persons, 1 of whom must be a member; or (c) the executive officer; or (d) with the agreement of the executive officer—an appropriately qualified member of the office’s staff. (2) However, the board may not delegate its power under this Act—

s 15 21 s 15 Medical Practitioners Registration Act 2001 (a) to decide to refuse to register an applicant for registration; or (b) to decide to refuse to renew a renewable registration; or (c) to decide to refuse to restore a renewable registration; or (d) to decide to cancel a registration; or (e) to decide to remove conditions on a registration; or (f) to enter into a service agreement. (3) Despite subsection (2)(e), the board may delegate its power under this Act to decide to remove internship conditions. (4) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing for a member of the office’s staff — the staff member’s classification level in the office Division 2 Membership 15 Membership of board (1) The board consists of— (a) the chief health officer; and (b) at least 6, but not more than 10, persons (the appointed members ) appointed by the Governor in Council. (2) The appointed members must include— (a) persons who are registrants (the appointed registrant members ); and (b) persons (the public members ) having an interest in, and knowledge of, consumer health issues who are not, and have not been— (i) registered under a health practitioner registration Act or an earlier corresponding Act; or (ii) registered or enrolled under the Nursing Act 1992 or an earlier corresponding Act; or

s 16 22 s 16 Medical Practitioners Registration Act 2001 (iii) registered or enrolled under a law applying, or that applied, in another State or foreign country that provides, or provided, for the same matter as a health practitioner registration Act or the Nursing Act 1992 or a provision of the Act; and (c) 1 lawyer nominated by the Minister. (3) Also, the Minister may nominate persons who do not belong to the categories of persons mentioned in subsection (2) to be appointed members. (4) A majority of the members must be registrant members. (5) At least 1 appointed member must be a person with a high level of expertise in organisational management, customer service or business. (6) In this section— earlier corresponding Act , in relation to a health practitioner registration Act, means an earlier Act that provided for the same matter as the health practitioner registration Act or a provision of the health practitioner registration Act. earlier corresponding Act , in relation to the Nursing Act 1992 , means an earlier Act that provided for the same matter as the Nursing Act 1992 or a provision of the Nursing Act 1992 . 16 Appointed registrant members (1) The appointed registrant members must consist of— (a) at least 2 registrants nominated by the bodies the Minister considers represent the interests of registrants; and (b) 1 registrant nominated by the governing bodies of educational institutions, established in the State, chosen by the Minister. (2) Also, the appointed registrant members may include registrants nominated by the Minister.

s 17 23 s 18 Medical Practitioners Registration Act 2001 17 Public members The public members must consist of— (a) at least 1 person nominated by community groups and other entities the Minister considers have an interest in consumer health issues; and (b) at least 1 other person nominated by the Minister. 18 Certain nominee board members (1) This section applies for the nomination of a person or persons for a position or positions on the board under section 16(1)(a) or (b) or 17(a). (2) The Minister must give the entities who may make the nomination notice stating a reasonable period within which they may nominate the person or persons for the position or positions. (3) The Minister may in the notice ask the entities to nominate more than the required number of persons for the position or positions. (4) Subject to subsections (5) and (6), if the entities nominate more than the required number of persons for the position or positions— (a) the Minister must choose the nominee or nominees for the position or positions from the nominations; and (b) the person or persons chosen are taken to be the nominee or nominees, under the relevant provision mentioned in subsection (1), for the position or positions. (5) Subsection (6) applies if— (a) the entities do not nominate a person or persons for the position or positions within the period stated in the notice; or (b) the entities nominate a number of persons for the position or positions that is less than the number requested by the Minister under subsection (3); or

s 19 24 s 20 Medical Practitioners Registration Act 2001 (c) the person or any of the persons nominated by the entities are not eligible to be appointed to the position or positions concerned. (6) The Minister must nominate a person or persons eligible to be appointed to the position or positions and the nomination or nominations are taken to have been made by the entities. (7) To remove doubt, if subsection (5)(b) applies, it is declared that a nomination under subsection (6) may be of, or include, a person or persons nominated by the entities. 19 Chairperson and deputy chairperson of board (1) The Governor in Council is to appoint a registrant member to be the chairperson, and another registrant member to be the deputy chairperson, of the board. (2) A person may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a member. (3) The chairperson or deputy chairperson holds office for the term decided by the Governor in Council, unless the person’s term of office as a member ends sooner than the person’s term of office as chairperson or deputy chairperson. (4) A vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or ceases to be a registrant member. (5) However, a person resigning the office of chairperson or deputy chairperson may continue to be a member. (6) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. 20 Term of appointment An appointed member is to be appointed for a term of not more than 4 years.

s 21 25 s 22 Medical Practitioners Registration Act 2001 21 Disqualification from membership (1) A person can not become, or continue as, an appointed member if the person— (a) is affected by bankruptcy action; or (b) is, or has been, convicted of an indictable offence; or (c) is, or has been, convicted of an offence against this Act. (2) For subsection (1)(a), a person is affected by bankruptcy action if the person— (a) is bankrupt; or (b) has compounded with creditors; or (c) as a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy. 22 Vacation of office (1) An appointed member is taken to have vacated office if the member— (a) resigns his or her position on the board by signed notice of resignation given to the Minister; or (b) can not continue as a member under section 21; or (c) is absent without the board’s permission from 3 consecutive meetings of the board of which due notice has been given. (2) Also, an appointed member is taken to have vacated office in any of the following circumstances— (a) if the member is an appointed registrant member—the member stops being a registrant; (b) if the member is a public member—the member stops being a person mentioned in section 15(2)(b); (c) if the member was nominated, for membership of the board, under section 15(2)(c)—the member stops being a lawyer. (3) In this section— meeting means the following—

s 23 26 s 26 Medical Practitioners Registration Act 2001 (a) if the member does not attend—a meeting with a quorum present; (b) if the member attends—a meeting with or without a quorum present. 23 When notice of resignation takes effect A notice of resignation under section 19(4) or 22(1)(a) takes effect when the notice is given to the Minister or, if a later time is stated in the notice, the later time. 24 Leave of absence for an appointed member (1) The Minister may approve a leave of absence for an appointed member (the approved absent member ) of more than 3 months. (2) The Minister may appoint another person to act in the office of the approved absent member while the member is absent on the approved leave. (3) A person appointed under subsection (2) must belong to the same category of persons mentioned in section 15(2) or (3) to which the approved absent member belongs. (4) If the approved absent member is the deputy chairperson, the Minister may appoint another registrant member to act in the deputy chairperson’s office while the deputy chairperson is absent on the approved leave. 25 Effect of vacancy in membership of board (1) Subsection (2) applies despite sections 15 to 17. (2) The performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the membership of the board. 26 Remuneration of members A member is entitled to be paid the fees and allowances decided by the Governor in Council.

s 27 27 s 31 Medical Practitioners Registration Act 2001 Division 3 Board business 27 Conduct of business Subject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate. 28 Times and places of meetings (1) Board meetings are to be held at the times and places the chairperson decides. (2) However, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least the number of members forming a quorum for the board. 29 Quorum A quorum for the board is the number equal to one-half of the number of its members or, if one-half is not a whole number, the next highest whole number. 30 Presiding at meetings (1) The chairperson is to preside at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent from a board meeting, but the deputy chairperson is present, the deputy chairperson is to preside. (3) If the chairperson and deputy chairperson are both absent from a board meeting or the offices are vacant, a registrant member chosen by the members present is to preside. 31 Conduct of meetings (1) A question at a board meeting is decided by a majority of the votes of the members present. (2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.

s 32 28 s 33 Medical Practitioners Registration Act 2001 (3) A member present at the meeting who abstains from voting is taken to have voted for the negative. (4) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting. Example of technology allowing reasonably contemporaneous and continuous communication — teleconferencing (5) A member who takes part in a board meeting under subsection (4) is taken to be present at the meeting. (6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— (a) a majority of the board members gives written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. 32 Minutes (1) The board must keep— (a) minutes of its meetings; and (b) a record of any resolutions made under section 31(6). (2) Subsection (3) applies if a resolution is passed at a board meeting by a majority of the members present. (3) If asked by a member who voted against the passing of the resolution, the board must record in the minutes of the meeting that the member voted against the resolution. Division 4 Board committees 33 Committees (1) The board may establish committees of the board for effectively and efficiently performing its functions.

s 34 29 s 35 Medical Practitioners Registration Act 2001 (2) A committee may include a person who is not a member of the board. (3) The board is to decide the terms of reference of a committee. (4) The functions of a committee are to— (a) advise and make recommendations to the board about matters, within the scope of the board’s functions, referred by the board to the committee; and (b) exercise powers delegated to it by the board. 1 (5) A committee must keep a record of the decisions it makes when exercising a power delegated to it by the board. (6) The board may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings. 34 Remuneration of committee members A committee member is entitled to be paid the fees and allowances decided by the Governor in Council. Division 5 Disclosure of interests by board members and committee members 35 Disclosure of interests (1) This section applies to a board or committee member (the interested person ) if— (a) the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the board or committee; and (b) the interest could conflict with the proper performance of the person’s duties about the consideration of the issue. 1 See section 14 for the board’s power of delegation.

s 35 30 s 35 Medical Practitioners Registration Act 2001 (2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a board or committee meeting. (3) Unless the board or committee otherwise directs, the interested person must not— (a) be present when the board or committee considers the issue; or (b) take part in a decision of the board or committee about the issue. (4) The interested person must not be present when the board or committee is considering whether to give a direction under subsection (3). (5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when the board or committee is considering whether to give a direction under subsection (3) about the interested person; or (b) take part in making the decision about giving the direction. (6) If— (a) because of this section, a board or committee member is not present at a board or committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present; the remaining persons present are a quorum of the board or committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (7) A disclosure under subsection (2) must be recorded in the board’s or committee’s minutes. (8) If the interested person is a registrant member, the person does not have a direct or indirect interest in an issue if the interest arises merely because the person is a registrant.

s 36 31 s 37 Medical Practitioners Registration Act 2001 Division 6 Directions by Minister 36 Minister’s power to give directions in the public interest (1) The Minister may give the board a written direction about a matter relevant to the performance of its 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), the direction may be to— (a) give reports and information; or (b) apply to the board a policy, standard or other instrument applying to a public sector unit. (3) The direction can not be about— (a) the registering of, or refusal to register, an applicant for registration; or (b) the renewing of, or refusal to renew, a renewable registration; or (c) the restoring of, or refusal to restore, a renewable registration; or (d) the cancelling of a registration; or (e) the imposing, or removal, of conditions on a registration. (4) Despite section 12, the board must comply with the direction. Division 7 Annual reports 37 Matters to be included in annual report (1) The board’s annual report under the Financial Accountability Act 2009 for a financial year must include the following— (a) copies of all ministerial directions given to the board under section 36 during the financial year; (b) the number of registrants at the end of the financial year;

s 38 32 s 39 Medical Practitioners Registration Act 2001 (c) details of the amount of the board’s funds spent, in the financial year, on investigations and inspections under part 6; (d) details of the amount of the board’s funds spent, in the financial year, on developing or adopting training programs in the practice of the profession that are relevant to a person’s eligibility for registration; (e) details of the amount of the board’s funds spent in the financial year on research, relevant to the legislative scheme, into the regulation of the profession; (f) details of the amount of the board’s funds spent, in the financial year, on accrediting intern training programs and intern training secondment programs; (g) details of any policies or programs developed, or initiatives taken, by the board in the financial year for the general benefit of users of registrants’ services. (2) However, the board must exclude from the copies mentioned in subsection (1)(a) all information likely to identify a person mentioned in the direction. Division 8 Other provisions about the board 38 Board is statutory body under the Financial Accountability Act 2009 The board is a statutory body under the Financial Accountability Act 2009 . 39 Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982 (1) The board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

s 40 33 s 42 Medical Practitioners Registration Act 2001 40 Board’s common seal The board’s common seal is to be kept in the custody of a person nominated by the board and may be used only as authorised by the board. Part 3 Registration Division 1 Preliminary 41 Who may apply for registration Only an individual may apply for registration. Division 2 Applications for general registration Subdivision 1 Applications 42 Procedural requirements for applications (1) An application for general registration must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by— (i) satisfactory evidence of relevant qualifications; and (ii) the application fee prescribed under a regulation (the application fee ); and (iii) the registration fee prescribed under a regulation (the registration fee ); and (iv) any other documents, identified in the approved form, the board reasonably requires; and (v) if the applicant is registered under a corresponding law, written details of any conditions of the registration.

s 43 34 s 44 Medical Practitioners Registration Act 2001 (2) The approved form may require the disclosure of the applicant’s criminal history. (3) If the approved form requires the disclosure of the applicant’s criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. Subdivision 2 Eligibility for general registration 43 Eligibility (1) An applicant for general registration is eligible for general registration if— (a) the applicant is qualified for general registration under section 44; and (b) the applicant is fit to practise the profession. (2) Without limiting subsection (1), the board may be satisfied the applicant is eligible for general registration by imposing conditions on the registration under section 59. (3) Also, sections 57 and 58 state when a registrant’s general registration must be subject to probationary conditions. 44 When applicant is qualified for general registration (1) An applicant for general registration is qualified for general registration if— (a) the applicant has successfully completed a medical course accredited by the Australian Medical Council; or (b) the applicant has passed the examination set by the Australian Medical Council for the purpose of qualifying persons for general registration; or (c) the applicant has been certified by the Australian Medical Council as having skills, knowledge and training of a standard suitable for general registration; or

s 45 35 s 45 Medical Practitioners Registration Act 2001 (d) the applicant has a prescribed qualification that has been recognised by a prescribed entity for the purpose of a corresponding general registration. (2) In this section— corresponding general registration means a registration, of a class corresponding to general registration, in another country. prescribed entity means a foreign regulatory authority, or other entity, prescribed under a regulation for this section. prescribed qualification means a qualification prescribed under a regulation for this section. recognised includes accredited or approved. 45 Fitness to practise the profession (1) In deciding whether an applicant for general registration is fit to practise the profession, the board may have regard to the following— (a) the applicant’s mental and physical health; (b) the applicant’s command of the English language; (c) the applicant’s criminal history; (d) if the applicant has been registered under this Act or the repealed Act or is, or has been, registered under a corresponding law and the registration was affected— (i) by the imposition of a condition—the nature of the condition and the reason for its imposition; or (ii) by its suspension or cancellation—the reason for its suspension or cancellation; or (iii) in another way—the way it was affected and the reason for it being affected; (e) if the applicant’s qualification day is more than 3 years before the date of application, the nature, extent and period of any practice of the profession by the applicant since the qualification day; (f) any other issue relevant to the applicant’s ability to competently and safely practise the profession.

s 45 36 s 45 Medical Practitioners Registration Act 2001 (2) When having regard to the applicant’s criminal history under subsection (1)(c), the board must have particular regard to the following— (a) any conviction of the applicant for an indictable offence; (b) any conviction of the applicant for an offence against the repealed Act, this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (c) any conviction of the applicant for an offence, relating to the practice of the profession— (i) against the Health Act 1937 or the Fair Trading Act 1989 ; or (ii) against another law applying, or that applied, in the State, the Commonwealth, another State or a foreign country; (d) any conviction of the applicant for an offence against the Public Health Act 2005 , section 213B. (3) The board may ask the commissioner of the police service for a written report about the applicant’s criminal history. (4) If asked by the board, the commissioner of the police service must give the board a written report about the criminal history of the applicant, including the criminal history in the commissioner’s possession or to which the commissioner has access. (5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the report. (6) In this section— qualification day , of an applicant, means the day that the applicant— (a) successfully completes the course mentioned in section 44(1)(a); or (b) passes the examination mentioned in section 44(1)(b); or (c) receives the certification mentioned in section 44(1)(c); or

s 46 37 s 46 Medical Practitioners Registration Act 2001 (d) obtains the prescribed qualification mentioned in section 44(1)(d). Subdivision 3 Inquiries into applications 46 Board’s powers before deciding applications (1) Before deciding the application, the board— (a) may investigate the applicant; and (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application; and (c) may, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and (d) may, by notice given to the applicant, require the applicant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess the applicant’s ability to competently and safely practise the profession. (4) The purpose of an assessment under subsection (1)(d) must be to assess the applicant’s mental and physical capacity to competently and safely practise the profession. (5) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) does not comply with a requirement under subsection (1)(b); or

s 47 38 s 47 Medical Practitioners Registration Act 2001 (b) does not undergo an examination under subsection (1)(c); or (c) does not undergo an assessment under subsection (1)(d). (6) A notice under subsection (1)(b), (c) or (d) must be given to the applicant within 60 days after the board receives the application. (7) Also, a notice under subsection (1)(d) must state— (a) the reason for the 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. 47 Appointment of appropriately qualified person to conduct health assessment (1) This section applies if the board believes it is necessary for the applicant to undergo a health assessment under section 46(1)(d). (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) If the board considers it relevant to the assessment, it may disclose the applicant’s criminal history to a person appointed to conduct the assessment. (5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (6) 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 applicant that may prejudice the way in which the person conducts the assessment. (7) In this section— appropriately qualified , for a medical practitioner or other person conducting a health assessment, includes having the

s 48 39 s 49 Medical Practitioners Registration Act 2001 qualifications, experience, skills or knowledge appropriate to conduct the assessment. 48 Report about health assessment (1) A person appointed under section 47 to conduct all or part of a health assessment of the applicant must prepare a report about the assessment (an assessment report ). (2) The assessment report must include— (a) the person’s findings as to the applicant’s mental and physical capacity to competently and safely practise the profession; and (b) if the person finds the applicant does not have the mental and physical capacity to practise the profession, the person’s recommendations as to any conditions that could be imposed on the applicant’s registration as a general registrant to overcome the incapacity. (3) The person must give the assessment report to the board. 49 Use of assessment report (1) An assessment report is not admissible in any proceedings, other than stated proceedings. (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 stated proceedings. (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 person to whom the report relates. (4) In this section— assessment report includes a copy of the report, or a part of the report or copy. proceedings under the Health Practitioners (Professional Standards) Act 1999 includes a health assessment of a registrant by a health assessment committee under that Act. stated proceedings means—

s 50 40 s 53 Medical Practitioners Registration Act 2001 (a) a review of conditions under division 8; or (b) a review by QCAT under part 7; or (c) proceedings under the Health Practitioners (Professional Standards) Act 1999 , not including proceedings for an offence against that Act. 50 Payment for health assessments and reports A person who conducts a health assessment and prepares an assessment report for the board is entitled to be paid for his or her work by the board. Subdivision 4 Decision on applications 51 Decision The board must consider the application and decide to register, or refuse to register, the applicant as a general registrant. 52 Steps to be taken after application decided (1) If the board decides to register the applicant as a general registrant, it must as soon as practicable issue a certificate of general registration to the applicant. (2) If the board decides to refuse to register the applicant as a general registrant, it must as soon as practicable give the applicant an information notice about the decision. 53 Failure to decide applications (1) Subject to subsections (2) and (3), if the board fails to decide the application within 60 days after its receipt, the failure is taken to be a decision by the board to refuse to register the applicant as a general registrant. (2) Subsection (3) applies if the board has— (a) under section 46(1)(b), required the applicant to give the board further information or a document; or

s 54 41 s 54 Medical Practitioners Registration Act 2001 (b) under section 46(1)(c), required the applicant to undergo an examination; or (c) under section 46(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to refuse to register the applicant as a general registrant if it fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. (4) This section does not apply if the applicant is registered as a provisional general registrant. 2 (5) This section is subject to section 54. 54 Further consideration of applications (1) This section applies if the board considers it needs further time to make a decision on the application because of the complexity of the matters that need to be considered in deciding the application. Example of an application for general registration that may require the consideration of complex matters — an application requiring the board to obtain and consider information about the applicant from a foreign regulatory authority (2) The board may at any time before the final consideration day give notice to the applicant that— (a) because of the complexity of the matters that need to be considered in deciding the application, the board needs further time to decide the application; and 2 If the applicant is registered as a provisional general registrant, section 69 states when the board is taken to have decided to refuse to register the applicant as a general registrant.

s 54 42 s 54 Medical Practitioners Registration Act 2001 (b) the period within which the board must decide the application is extended to a day (the extended day ) that is 60 days after the final consideration day. (3) Also, the applicant and board may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application is to be decided. (4) The board is taken to have decided to refuse to register the applicant as a general registrant if it does not decide the application by— (a) if subsection (2) applies—the extended day; or (b) if subsection (3) applies—the agreed extended day; or (c) if both subsections (2) and (3) apply—the later of the extended day or agreed extended day. (5) Subsection (4) does not apply if the applicant is registered as a provisional general registrant. 3 (6) In this section— final consideration day means the latest of the following days— (a) the day that is 60 days after receipt of the application; (b) if the board has, under section 46(1)(b), required the applicant to give the board further information or a document—the day that is 60 days after the board receives the further information or document; (c) if the board has, under section 46(1)(c), required the applicant to undergo an examination—the day that is 60 days after the board receives the results of the examination; (d) if the board has, under section 46(1)(d), required the applicant to undergo a health assessment—the day that is 60 days after the board receives the assessment report. 3 If the applicant is registered as a provisional general registrant, section 69 states when the board is taken to have decided to refuse to register the applicant as a general registrant.

s 55 43 s 57 Medical Practitioners Registration Act 2001 Subdivision 5 Information in certificates of general registration 55 Forms of certificates of general registration (1) A certificate of general registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant’s name; (b) the period of the registration; (c) any conditions of registration, including, for example, probationary conditions. Subdivision 6 Period of general registration 56 Period (1) The period of registration that is to apply to general registrants is the period (the general registration period ), not more than 3 years, prescribed under a regulation. (2) If the board decides to register an applicant for general registration as a general registrant during a general registration period, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the general registration period. (3) This section does not apply to a short-term registration. Subdivision 7 Conditions of general registration 57 Imposition of internship conditions (1) This section applies if—

s 57 44 s 57 Medical Practitioners Registration Act 2001 (a) the board decides to register an applicant for general registration who is qualified for general registration under section 44(1)(a) or (d) as a general registrant; and (b) the applicant has not started or, to the board’s satisfaction, completed— (i) the internship, for the profession, that is prescribed under a regulation (the prescribed internship ); or (ii) an internship, for the profession, that is substantially equivalent to the prescribed internship. (2) In making its decision under subsection (1)(b)(ii), the board may have regard to the following— (a) the duration of any internship undertaken by the applicant; (b) the nature and extent of the experience gained, and training undertaken, during the internship. (3) The board must impose the following conditions on the registration— (a) if the registrant has not started an internship for the profession— (i) that the registrant may practise the profession only in accordance with the prescribed internship; and (ii) that the registrant must complete the prescribed internship, to the board’s satisfaction, within the period prescribed under a regulation; (b) if the registrant has started an internship for the profession— (i) that the registrant may practise the profession only in accordance with the part of the prescribed internship decided by the board for the registrant; and (ii) that the registrant must complete the part of the prescribed internship, to the board’s satisfaction, within the period decided by the board.

s 58 45 s 58 Medical Practitioners Registration Act 2001 (4) In deciding the part of the prescribed internship to be completed, and the period within which it must be completed, the board may have regard to the following— (a) the nature, extent and recency of the experience gained, and training undertaken, in the practice of the profession by the applicant during the partially completed internship; (b) any reports from persons who have supervised the applicant in the practice of the profession. (5) The board must as soon as practicable give the applicant an information notice about the internship conditions imposed under subsection (3)(b). 58 Imposition of supervised practice program conditions (1) This section applies if— (a) the board decides to register an applicant for general registration who is qualified for general registration under section 44(1)(b) to (d) as a general registrant; and (b) the applicant does not, in the board’s reasonable opinion, have relevant practical experience in the profession. (2) In deciding whether the applicant has relevant practical experience in the profession, the board may have regard to the following— (a) the nature and extent of the applicant’s practical experience in the profession; (b) advice and recommendations about the applicant from an entity recognised by the board as competent to assess training in the practice of the profession. (3) The board must impose the following conditions on the registration— (a) that the registrant may practise the profession only in accordance with a supervised practice program, approved by the board, for the registrant;

s 59 46 s 59 Medical Practitioners Registration Act 2001 (b) that the registrant must complete, to the board’s satisfaction, the program within the period, not more than 1 year, decided by the board. (4) In deciding the content of the program under subsection (3)(a), and the period under subsection (3)(b), the board may have regard to the nature and extent of the applicant’s practical experience in the profession. (5) The board must as soon as practicable give the applicant an information notice about the board’s decisions under subsections (1)(b) and (3). (6) In this section— relevant practical experience , in the profession, means experience in the profession that results in a level of knowledge of Australian health care practices that is at least equivalent to the knowledge provided by completing the prescribed internship. 59 Imposition of other conditions by board (1) In addition to any conditions imposed under section 57 or 58, the board may decide to register an applicant for general registration as a general registrant on conditions the board considers necessary or desirable for the applicant to competently and safely practise the profession. Example of conditions of general registration — a condition prohibiting a general registrant engaging in stated procedures related to the practice of the profession (2) If the board decides to register an applicant for general registration as a general registrant on conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions; 4 and (b) give the applicant an information notice about the decisions. 4 The conditions may be reviewed under division 8 (Reviewing conditions of general registrations).

s 60 47 s 62 Medical Practitioners Registration Act 2001 (3) If the board decides to register an applicant for general registration as a general registrant on conditions because of the applicant’s mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (4) The board must decide not to record details of the conditions mentioned in subsection (3) 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. 60 Contravention of conditions A general registrant must not contravene a condition of the registration, including, for example, probationary conditions, imposed under this Act. Maximum penalty—100 penalty units. Division 3 Provisional general registration 61 Meaning of authorised person for div 3 (1) In this division— authorised person means any of the following persons who are authorised by the board to decide to register a person as a provisional general registrant— (a) the executive officer; (b) a member; (c) a member of the office’s staff. (2) An authority mentioned in subsection (1) may be limited by reference to specified conditions, exceptions or factors. 62 Provisional general registration of a person on internship conditions (1) This section applies if—

s 62 48 s 62 Medical Practitioners Registration Act 2001 (a) a person who is qualified for general registration under section 44(1)(a) or (d) applies for general registration; and (b) the applicant has not started an internship for the profession. (2) Subsection (3) applies if an authorised person reasonably considers— (a) the applicant is eligible for the registration without conditions (other than internship conditions); and (b) that because of the period before the board is likely to consider the application in the ordinary course of its business, it is not reasonable for the applicant to have to wait for the board to consider the application. (3) The authorised person may decide to register the applicant as a provisional general registrant on the internship conditions mentioned in section 57(3)(a). (4) Subsection (5) applies if an authorised person or the board— (a) reasonably considers, subject to the applicant giving the board further evidence of the applicant’s relevant qualifications, the applicant is eligible for the registration without conditions (other than internship conditions); or (b) reasonably considers— (i) the applicant would be eligible for the registration without conditions (other than internship conditions), other than for the fact that the relevant qualifications relied on by the applicant have not been conferred on, or awarded to, the applicant; and (ii) the applicant is entitled to have the relevant qualifications conferred on, or awarded to, him or her. (5) The authorised person or board may decide to register the applicant as a provisional general registrant on the internship conditions mentioned in section 57(3)(a). (6) If the authorised person or board decides to register the applicant as a provisional general registrant, the authorised

s 63 49 s 64 Medical Practitioners Registration Act 2001 person or board must as soon as practicable issue a certificate of provisional general registration to the applicant. (7) An authorised person or the board may not decide to register a person as a provisional general registrant on conditions, other than the internship conditions mentioned in section 57(3)(a). 63 Confirmation or cancellation of provisional general registration (1) If an authorised person decides to register an applicant for general registration as a provisional general registrant, the authorised person must as soon as practicable report to the board about the basis for the authorised person’s decision. (2) The board must consider the report and decide whether to confirm or cancel the provisional general registration. (3) In making its decision, the board must consider whether the authorised person should have decided to register the applicant as a provisional general registrant. (4) If the board decides to cancel the provisional general registration, it must as soon as practicable give the applicant notice of its decision. 64 Procedure after cancellation of provisional general registration (1) This section applies if the board decides, under section 63, to cancel a person’s provisional general registration. (2) The notice of cancellation must include the reason for the decision. (3) The decision takes effect on the day the notice is given to the person. (4) The person must return the certificate of provisional general registration to the board within 14 days after receiving the notice, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (5) Even though the board decides to cancel a person’s provisional general registration, it must still consider the person’s application for general registration.

s 65 50 s 67 Medical Practitioners Registration Act 2001 65 Form of certificate of provisional general registration (1) A certificate of provisional general registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant’s name; (b) the period of the registration; (c) the internship conditions imposed on the registration. 66 Period The provisional general registration of a person remains in force for the period, not more than 12 months, decided by the authorised person or board when deciding to register the person as a provisional general registrant. 67 Board decides to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant; and (b) the board decides to register the person as a general registrant. (2) The provisional general registration is cancelled when the person receives a certificate of general registration under section 52(1). (3) The general registration— (a) is taken to have started from the day the person was registered as a provisional general registrant; and (b) is subject to the internship conditions to which the provisional general registration was subject. (4) The internship conditions are taken to have been imposed under section 57(3)(a).

s 68 51 s 69A Medical Practitioners Registration Act 2001 68 Board decides to refuse to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant; and (b) the board decides to refuse to register the person as a general registrant. (2) The provisional general registration is cancelled when an information notice about the decision is given to the person under section 52(2). (3) The person must return the certificate of provisional general registration to the board within 14 days after receiving the information notice, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 69 Deemed refusal by board to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant; and (b) other than for section 53(4) or 54(5), the board would have been taken to have decided to refuse to register the person as a general registrant. (2) The board is taken to have decided to refuse to register the person as a general registrant on the expiry of the provisional general registration. Division 4 Renewal of general registrations Subdivision 1 Preliminary 69A Non-application of div 4 to short-term registration This division does not apply to a short-term registration.

s 70 52 s 72 Medical Practitioners Registration Act 2001 70 Meaning of recency of practice requirements (1) Recency of practice requirements are requirements, prescribed under a regulation, that if satisfied demonstrate that an applicant for renewal of a general registration has maintained an adequate connection with the profession. (2) The requirements may include requirements about the following— (a) the nature, extent and period of practice of the profession by the applicant; (b) the nature and extent of any continuing professional education undertaken by the applicant; (c) the nature and extent of any research, study or teaching, relating to the profession, undertaken by the applicant; (d) the nature and extent of any administrative work, relating to the profession, performed by the applicant. Subdivision 2 Applications for renewal of general registrations 71 Notification of imminent expiry of registration The board must give a general registrant notice of the imminent expiry of the registration at least 60 days before the expiry. 72 Procedural requirements for applications (1) A general registrant may apply to the board for the renewal of the registration. (2) The application may only be decided by the board if it is received within the period— (a) starting— (i) 60 days before the expiry of the registration; or (ii) on an earlier day, if any, stated in the notice given to the registrant under section 71; and (b) ending immediately before the expiry.

s 73 53 s 73 Medical Practitioners Registration Act 2001 (3) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the registration fee; and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application. (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. (5) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the applicant’s ability to competently and safely practise the profession; 5 (b) if there are recency of practice requirements relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 73 General registration taken to be in force while application is considered (1) If an application is made under section 72, the applicant’s general registration is taken to continue in force from the day it would, apart from this section, have expired until— (a) if the board decides to renew the applicant’s general registration—the day a new certificate of general registration is issued to the applicant under section 77(1); or (b) if the board decides to refuse to renew the applicant’s general registration—the day an information notice 5 If this information indicates to the board that the applicant may be an impaired registrant under the Health Practitioners (Professional Standards) Act 1999 , the applicant may be dealt with under that Act.

s 74 54 s 74 Medical Practitioners Registration Act 2001 about the decision is given to the applicant under section 77(2); or (c) if the application is taken to have been withdrawn under section 74(4)—the day it is taken to have been withdrawn. (2) Subsection (1) does not apply if the registration is earlier cancelled under this Act or suspended or cancelled under the Health Practitioners (Professional Standards) Act 1999 . Subdivision 3 Decision on applications 74 Inquiries into applications (1) Before deciding the application, the board— (a) may investigate the applicant; and (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application; and (c) may, if the board is not satisfied the applicant has satisfied recency of practice requirements, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess any effect the applicant’s non-satisfaction of the requirements has on the applicant’s ability to competently and safely practise the profession. (4) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) does not comply with a requirement under subsection (1)(b); or

s 75 55 s 76 Medical Practitioners Registration Act 2001 (b) does not undergo an examination under subsection (1)(c). 75 Decision (1) The board must consider the application and decide to renew, or refuse to renew, the applicant’s general registration. (2) In making its decision, the board must have regard only to the extent, if any, to which the applicant has satisfied recency of practice requirements. 6 (3) If there are no recency of practice requirements relevant to the applicant, the board must decide to renew the applicant’s general registration. 76 Recency of practice requirements are not satisfied (1) This section applies if the board is not satisfied the applicant has satisfied recency of practice requirements. (2) The board may decide to renew the applicant’s general registration on conditions ( recency of practice conditions ) the board considers will sufficiently address the extent to which the applicant has not satisfied the requirements. (3) Before deciding to renew the registration on recency of practice conditions, the board must— (a) give notice to the applicant— (i) of the details of the proposed conditions; and (ii) of the reason for the proposed imposition of the conditions; and (iii) that the applicant may make a written submission to the board about the proposed conditions within a reasonable time of at least 14 days stated in the notice; and 6 Under section 76(2), the board may decide to renew the registration on recency of practice conditions if the board is not satisfied the applicant has satisfied recency of practice requirements.

s 77 56 s 77 Medical Practitioners Registration Act 2001 (b) have regard to any written submission made to the board by the applicant before the stated day. (4) If the board decides to renew the registration on recency of practice conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions; 7 and (b) give the applicant an information notice about the decisions. (5) The imposition of the conditions takes effect on the later of the following— (a) when the information notice is given to the applicant; (b) immediately after the day the registration would have expired, other than for its renewal. 77 Steps to be taken after application decided (1) If the board decides to renew the applicant’s general registration, it must as soon as practicable issue a new certificate of general registration to the applicant. (2) If the board decides to refuse to renew the applicant’s general registration, it must as soon as practicable give the applicant an information notice about the decision. (3) Without affecting section 76(2), if the board decides to renew the applicant’s general registration, the renewed general registration is subject to the conditions, including, for example, probationary conditions, attaching to the registration immediately before the decision takes effect. 8 7 The conditions may be reviewed under division 8 (Reviewing conditions of general registrations). 8 The conditions may include conditions imposed under the Health Practitioners (Professional Standards) Act 1999 .

s 77A 57 Medical Practitioners Registration Act 2001 s 80 Division 5 Restoration of general registrations 77A Non-application of div 5 to short-term registration This division does not apply to a short-term registration. 78 Application of div 4, sdivs 1 and 3 For restoring a general registration, division 4, subdivisions 1 and 3, other than sections 76(5) and 77(3), apply as if— (a) an application for renewal of a general registration were an application for restoration of a general registration; and (b) an applicant for renewal of a general registration were an applicant for restoration of a general registration; and (c) a renewal of a general registration were a restoration of a general registration. 79 When an application for restoration of a general registration may be made If a person’s general registration has expired, the person may apply to the board for restoration of the registration within 3 months after the expiry. 80 Procedural requirements for applications (1) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the restoration fee prescribed under a regulation (the restoration fee ); and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration.

s 81 58 s 83 Medical Practitioners Registration Act 2001 (3) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the applicant’s ability to competently and safely practise the profession; 9 (b) if there are recency of practice requirements relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 81 Period of restored registration If the board decides to restore the applicant’s general registration during a general registration period, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the general registration period. 82 Conditions of expired registration Without affecting section 76(2), as applied by section 78, if the board decides to restore the applicant’s general registration, the registration is subject to the conditions, including, for example, probationary conditions, attaching to the registration immediately before its expiry. 83 When recency of practice conditions take effect If the board decides to restore the applicant’s general registration on recency of practice conditions, the imposition of the conditions takes effect when the information notice about the decision is given by the board to the applicant. 9 If this information indicates to the board that the applicant may be an impaired registrant under the Health Practitioners (Professional Standards) Act 1999 , the applicant may be dealt with under that Act.

s 84 59 s 84 Medical Practitioners Registration Act 2001 Division 6 Cancellation of general registrations 84 Grounds for cancellation A general registration may be cancelled, under this division, on any of the following grounds— (a) that the registration happened because the board was given, by the registrant or someone else, information or a document that— (i) was materially false, within the meaning given by section 273(1), at the time it was given; or (ii) became materially false, within the meaning given by section 273(1), after it was given; (b) the registrant ceases to have, or does not have, the qualifications necessary for registration; (c) for a registration on internship conditions mentioned in section 57(3)(a)—that the registrant has not completed the prescribed internship, to the board’s satisfaction, within the period stated in section 57(3)(a)(ii); (d) for a registration on internship conditions mentioned in section 57(3)(b)—that the registrant has not completed the prescribed internship, to the board’s satisfaction, within the period decided by the board under section 57(3)(b)(ii); (e) for a registration on supervised practice program conditions—that the registrant has not completed, to the board’s satisfaction, the supervised practice program approved by the board for the registrant within the period decided by the board under section 58(3)(b); (f) for a registration on probationary conditions extended under section 94(1)(b)(ii)—that the registrant has not completed the prescribed internship or supervised practice program, to the board’s satisfaction, within the extended period.

s 85 60 s 88 Medical Practitioners Registration Act 2001 85 Show cause notice (1) If the board believes the ground exists to cancel a general registration, the board must before taking action to cancel the registration give the registrant a notice (a show cause notice ). (2) The show cause notice must— (a) state the board proposes to cancel the registration; and (b) state the ground for the proposed cancellation; and (c) outline the facts and circumstances forming the basis for the ground; and (d) invite the registrant to show within a stated period (the show cause period ) why the registration should not be cancelled. (3) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the registrant. 86 Representations about show cause notices (1) The registrant may make written representations about the show cause notice to the board in the show cause period. (2) The board must consider all written representations (the accepted representations ) made under subsection (1). 87 Ending show cause process without further action (1) This section applies if, after considering the accepted representations for the show cause notice, the board no longer believes the ground exists to cancel the registration. (2) The board must not take any further action about the show cause notice. (3) The board must also as soon as practicable after coming to the belief give notice to the registrant that no further action is to be taken about the show cause notice. 88 Cancellation (1) This section applies if, after considering the accepted representations for the show cause notice, the board—

s 89 61 s 91 Medical Practitioners Registration Act 2001 (a) still believes the ground exists to cancel the registration; and (b) believes cancellation of the registration is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The board may decide to cancel the registration. (4) If the board decides to cancel the registration, it must as soon as practicable give the registrant an information notice about the decision. (5) The decision takes effect on the day the information notice is given to the registrant. 89 Return of cancelled certificate of general registration to board (1) This section applies if the board decides to cancel a general registration and gives an information notice for the decision to the registrant. (2) The registrant must return the certificate of general registration to the board within 14 days after receiving the information notice, unless the registrant has a reasonable excuse. Maximum penalty for subsection (2)—10 penalty units. Division 7 Reviewing probationary conditions on general registrations 90 Review of probationary conditions Probationary conditions may be reviewed under this division. 91 Registrant to give notice of completion of internship, or supervised practice program, to board (1) A registrant whose registration is subject to internship conditions must, within 7 days after completing the prescribed

s 92 62 s 92 Medical Practitioners Registration Act 2001 internship, or the part of the prescribed internship, give notice of the completion to the board. (2) A registrant whose registration is subject to supervised practice program conditions must, within 7 days after completing the supervised practice program approved by the board for the registrant, give notice of the completion to the board. (3) The notice must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. 92 Board to give notice to internship nominee or supervisor (1) If a registrant’s registration is subject to internship conditions, the board— (a) must, as soon as practicable after receiving the registrant’s notice under section 91(1); or (b) may, while the registrant is undertaking the prescribed internship; give a notice to the internship nominee for the program undertaken by the registrant. (2) The notice must require the internship nominee to give an internship report for the registrant to the board within 14 days after receiving the notice. (3) The internship nominee must comply with the notice, unless the nominee has a reasonable excuse. Maximum penalty—10 penalty units. (4) If a registrant’s registration is subject to supervised practice program conditions, the board— (a) must, as soon as practicable after receiving the registrant’s notice under section 91(2); or (b) may, while the registrant is undertaking the supervised practice program;

s 93 63 s 93 Medical Practitioners Registration Act 2001 give a notice to the person (the supervisor ) supervising the registrant at the time the registrant completed the program or at the time the notice was given. (5) The notice must require the supervisor to give a supervised practice program report for the registrant to the board within 14 days after receiving the notice. (6) The supervisor must comply with the notice, unless the supervisor has a reasonable excuse. Maximum penalty—10 penalty units. (7) In this section— internship nominee , for an intern training program or intern training secondment program, means the person nominated in writing to the board, as being the internship nominee for the program, by the holder of the accreditation certificate for the program. 93 Board’s powers before making decision (1) Before making its decision under section 94, the board— (a) may investigate the registrant; and (b) may, by notice given to the registrant, require the registrant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to make the decision; and (c) may, by notice given to the registrant, require the registrant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess the registrant’s ability to competently and safely practise the profession.

s 94 64 s 95 Medical Practitioners Registration Act 2001 94 Decision (1) After reviewing the internship report or supervised practice report and any information or document about the registrant obtained under section 93, the board must decide— (a) if the board is satisfied the registrant has satisfactorily completed the internship or program—to remove the probationary conditions; or (b) otherwise— (i) to cancel the registrant’s registration under division 6; or (ii) to extend the probationary conditions for a period of not more than 1 year, by requiring the registrant to undertake a part of the internship or program, if the board considers the registrant will satisfactorily complete the internship or program during the period. (2) Subsection (1)(b)(ii) applies despite section 57(3)(a)(ii) or (b)(ii). (3) If the board does not receive the internship report or supervised practice report within the time stated in section 92(2) or (5), the board must make a decision mentioned in subsection (1) on the basis of any information or document about the registrant obtained under section 93. (4) If the board decides— (a) to extend the probationary conditions, it must as soon as practicable give the registrant an information notice about the decision; or (b) to remove the probationary conditions, it must give the registrant notice of the decision. 95 When decision takes effect (1) If the board decides to extend the probationary conditions, the decision takes effect when an information notice about the decision is given to the registrant under section 94(4)(a). (2) If the board decides to remove the conditions, the removal takes effect when notice of the decision is given to the

s 96 65 s 97 Medical Practitioners Registration Act 2001 registrant under section 94(4)(b) and does not depend on a new certificate of general registration being issued to the registrant under section 97(2). 96 Failure by board to make decision (1) This section applies if the board fails to make a decision under section 94— (a) within 60 days after receiving the internship report or supervised practice report; or (b) if the board does not receive the report, within 60 days after the latest day on which the board should have received the report. (2) Subject to subsections (3) and (4), the failure is taken to be a decision by the board to confirm the probationary conditions. (3) Subsection (4) applies if the board has— (a) under section 93(1)(b), required the registrant to give the board further information or a document; or (b) under section 93(1)(c), required the registrant to undergo an examination. (4) The board is taken to have decided to confirm the probationary conditions if the board fails to make a decision under section 94 by the later of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination. 97 Issuing new certificate of general registration (1) This section applies if a general registrant receives notice, under section 94(4)(b), about a decision to remove probationary conditions of the registration. (2) The board must, as soon as practicable after the decision is made, issue another certificate of general registration to the registrant that does not mention the removed probationary conditions.

s 98 66 s 99 Medical Practitioners Registration Act 2001 Division 8 Reviewing conditions of general registrations Subdivision 1 Review of conditions imposed by the board or QCAT 98 Review of conditions Conditions, other than probationary conditions, imposed on a general registration under this Act may be reviewed under this division. 99 How registrant may start a review (1) The registrant to whom the conditions relate may apply to the board for a review of the conditions. (2) However, the application must not be made— (a) during the review period applying to the conditions; or (b) while a review by QCAT of the decision to impose the conditions is pending. (3) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. (4) The approved form must require the registrant to state— (a) that the registrant believes the conditions are no longer appropriate; and (b) the reason for the registrant’s belief. (5) The board must consider the application and make a decision under section 104.

s 100 67 Medical Practitioners Registration Act 2001 s 101 100 Review of conditions during review period (1) This section applies if, during the review period applying to the conditions, the board reasonably believes the conditions may no longer be appropriate. (2) The board may, with the written agreement of the registrant to whom the conditions relate, review the conditions. 101 Board’s powers before making decision (1) Before making its decision under section 104, the board— (a) may investigate the registrant; and (b) may, by notice given to the registrant, require the registrant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to make the decision; and (c) may, by notice given to the registrant, require the registrant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and (d) may, by notice given to the registrant, require the registrant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) Subject to section 104(2), the purpose of an examination under subsection (1)(c) must be to assess the registrant’s ability to competently and safely practise the profession. (4) Subject to section 104(2), the purpose of an assessment under subsection (1)(d) must be to assess the registrant’s mental and physical capacity to competently and safely practise the profession. (5) Also, a notice under subsection (1)(d) must state— (a) the reason for the assessment; and

s 102 68 Medical Practitioners Registration Act 2001 s 103 (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. 102 Application of ss 47–50 (1) This section applies if the board believes it is necessary for the registrant to undergo a health assessment under section 101(1)(d). (2) Sections 47 to 50 apply as if— (a) an applicant for general registration were the registrant; and (b) the reference in section 47(1) to section 46(1)(d) were a reference to section 101(1)(d). 103 Deemed withdrawal of application etc. (1) Subsections (2) and (3) apply if the conditions are being reviewed because of an application made by the registrant under section 99. (2) The registrant is taken to have withdrawn the application if, within the stated time, the registrant— (a) does not comply with a requirement under section 101(1)(b); or (b) does not undergo an examination under section 101(1)(c); or (c) does not undergo an assessment under section 101(1)(d). (3) A notice under section 101(1)(b), (c) or (d) must be given to the registrant within 60 days after the board receives the application. (4) Subsections (5) and (6) apply if the conditions are being reviewed under section 100. (5) The board is taken to have decided to confirm the conditions if, within the stated time, the registrant—

s 104 69 Medical Practitioners Registration Act 2001 s 105 (a) does not comply with a requirement under section 101(1)(b); or (b) does not undergo an examination under section 101(1)(c); or (c) does not undergo an assessment under section 101(1)(d). (6) A notice under section 101(1)(b), (c) or (d) must be given to the registrant within 60 days after the board agrees with the registrant to review the conditions. 104 Decision (1) After reviewing the conditions, the board must decide— (a) to confirm the conditions; or (b) to remove the conditions; or (c) to change the conditions. (2) In making its decision, the board must consider whether the conditions remain necessary or desirable for the registrant to competently and safely practise the profession. (3) If the board decides to confirm or change the conditions, the conditions may only be confirmed or changed for the reasons the conditions were initially imposed. (4) If the board decides to confirm or change the conditions, it must as soon as practicable— (a) also decide the review period applying to the confirmed or changed conditions; and (b) give the registrant an information notice about the decisions. (5) If the board decides to remove the conditions, it must as soon as practicable give the registrant notice of the decision. 105 When decision takes effect (1) If the board decides to confirm the conditions, the decision takes effect when it is made.

s 106 70 Medical Practitioners Registration Act 2001 s 106 (2) If the board decides to change the conditions, the change takes effect when an information notice about the decision is given to the registrant under section 104(4)(b) and does not depend on the certificate of general registration being amended to record the change or a replacement certificate of general registration being issued. (3) If the board decides to remove the conditions, the removal takes effect when notice of the decision is given to the registrant under section 104(5) and does not depend on a new certificate of general registration being issued to the registrant under section 109(5). 106 Failure by board to make decision on application (1) Subject to subsections (2) and (3), if the board fails to decide an application under section 99 within 60 days after its receipt, the failure is taken to be a decision by the board to confirm the conditions. (2) Subsection (3) applies if the board has— (a) under section 101(1)(b), required the applicant to give the board further information or a document; or (b) under section 101(1)(c), required the applicant to undergo an examination; or (c) under section 101(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to confirm the conditions if the board fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report.

s 107 71 Medical Practitioners Registration Act 2001 s 108 107 Failure by board to make decision on review agreed to under s 100 (1) Subject to subsections (2) and (3), if the board fails to make a decision on a review agreed to under section 100 within 60 days after the agreement, the failure is taken to be a decision by the board to confirm the conditions. (2) Subsection (3) applies if the board has— (a) under section 101(1)(b), required the registrant to give the board further information or a document; or (b) under section 101(1)(c), required the registrant to undergo an examination; or (c) under section 101(1)(d), required the registrant to undergo a health assessment. (3) The board is taken to have decided to confirm the conditions if the board fails to make a decision on the review by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. 108 Further decision required if certain conditions changed (1) This section applies if the conditions were imposed because of the registrant’s mental and physical health. (2) If the board decides to change the conditions, it must also decide whether details of the changed conditions must be recorded in the register for the period for which the conditions are in force. (3) The board must decide not to record details of the changed conditions 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.

s 109 72 Medical Practitioners Registration Act 2001 s 110 Subdivision 2 Recording change, or removal, of conditions 109 Amending, replacing, or issuing new, certificate of general registration (1) Subsections (2) and (3) apply if a general registrant receives an information notice, under section 104(4)(b), about decisions relating to a change of the conditions of the registration. (2) The registrant must return the certificate of general registration to the board within 14 days after receiving the notice, 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 general registration to the registrant to replace the certificate returned to the board. (4) Subsection (5) applies if a general registrant receives a notice, under section 104(5), about a decision to remove the conditions of the registration. (5) The board must, as soon as practicable after the decision is made, issue another certificate of general registration to the registrant that does not mention the removed conditions. Division 9 Specialist registration Subdivision 1 Applications 110 Procedural requirements for applications (1) An application for specialist registration must— (a) be made to the board; and

s 111 73 Medical Practitioners Registration Act 2001 s 111 (b) be in the approved form; and (c) be accompanied by— (i) satisfactory evidence of relevant qualifications; and (ii) the application fee prescribed under a regulation (the specialist application fee ); and (iii) the registration fee prescribed under a regulation (the specialist registration fee ); and (iv) any other documents, identified in the approved form, the board reasonably requires; and (v) if the applicant is registered under a corresponding law, written details of any conditions attaching to the registration. (2) For an applicant who is not a general registrant, the approved form may require the disclosure of the applicant’s criminal history. (3) If the approved form requires the disclosure of the applicant’s criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. Subdivision 2 Eligibility for specialist registration 111 Eligibility (1) An applicant for specialist registration in a specialty is eligible for specialist registration in the specialty if— (a) the applicant is a general registrant; and (b) the applicant has— (i) an Australian or New Zealand qualification, in the specialty, that is prescribed, for the specialty, under a regulation; or (ii) a qualification, in the specialty, the board considers is substantially equivalent to, or based on similar

s 111 74 Medical Practitioners Registration Act 2001 s 111 competencies to that required for, a current qualification in the specialty. (2) Also, an applicant for specialist registration who is not qualified for general registration under section 44 is eligible for specialist registration in a specialty if— (a) the applicant is fit to practise the specialty; and (b) has a qualification in, and experience in the practice of, the specialty the board considers are sufficient as a basis for specialist registration in the specialty. (3) Without limiting subsections (1) and (2), the board may be satisfied the applicant is eligible for specialist registration in the specialty by imposing conditions on the registration under section 121(1). (4) For deciding under subsection (2)(a) whether the applicant is fit to practise the specialty, section 45 applies as if— (a) an applicant for general registration were an applicant for specialist registration; and (b) the profession were the specialty. (5) In making its decision under subsection (1)(b)(ii) or (2)(b), the board must have regard to the advice and recommendations of— (a) any relevant Australian specialist college or institution for the specialty; and (b) the Australian Medical Council. (6) In this section— current qualification , in a specialty, means a qualification in the specialty mentioned in a regulation made under subsection (1)(b)(i), that may be conferred or awarded as a result of the successful completion of a course offered, at the date of the applicant’s application for specialist registration, by the educational institution mentioned in relation to the qualification.

s 112 75 Medical Practitioners Registration Act 2001 s 112 Subdivision 3 Inquiries into applications 112 Board’s powers before deciding applications (1) Before deciding the application, the board— (a) may investigate the applicant; and (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application; and (c) may, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and (d) if the applicant is not a general registrant—may, by notice given to the applicant, require the applicant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess the applicant’s ability to competently and safely practise the specialty to which the application relates. (4) The purpose of an assessment under subsection (1)(d) must be to assess the applicant’s mental and physical capacity to competently and safely practise the specialty. (5) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) fails to comply with a requirement under subsection (1)(b); or (b) fails to undergo an examination under subsection (1)(c); or (c) does not undergo an assessment under subsection (1)(d).

s 113 76 Medical Practitioners Registration Act 2001 s 114 (6) A notice under subsection (1)(b), (c) or (d) must be given to the applicant within 60 days after the board receives the application. (7) Also, a notice under subsection (1)(d) must state— (a) the reason for the 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. 113 Application of ss 47–50 (1) This section applies if the board believes it is necessary for the applicant to undergo a health assessment under section 112(1)(d). (2) Sections 47 to 50 apply as if— (a) an applicant for general registration were the applicant; and (b) the profession were the specialty; and (c) a general registrant were a specialist registrant in the specialty; and (d) the reference in section 47(1) to section 46(1)(d) were a reference to section 112(1)(d); and (e) the reference in section 49(4), definition stated proceedings to division 8 were a reference to division 8, as applied by section 124. Subdivision 4 Decision on applications 114 Decision The board must consider the application and decide to register, or refuse to register, the applicant as a specialist registrant in the specialty.

s 115 77 Medical Practitioners Registration Act 2001 s 116 115 Steps to be taken after application decided (1) If the board decides to register the applicant as a specialist registrant, it must as soon as practicable issue a certificate of specialist registration to the applicant. (2) If the board decides to refuse to register the applicant as a specialist registrant, the board must as soon as practicable give the applicant an information notice about the decision. 116 Failure to decide applications (1) Subject to subsections (2) and (3), if the board fails to decide the application within 60 days after its receipt, the failure is taken to be a decision by the board to refuse to register the applicant as a specialist registrant. (2) Subsection (3) applies if the board has— (a) under section 112(1)(b), required the applicant to give the board further information or a document; or (b) under section 112(1)(c), required the applicant to undergo an examination; or (c) under section 112(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have refused to register the applicant as a specialist registrant if the board fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report.

s 117 78 Medical Practitioners Registration Act 2001 s 117 (4) This section does not apply if the applicant is registered as a provisional specialist registrant. 10 (5) This section is subject to section 117. 117 Further consideration of applications (1) This section applies if the board considers it needs further time to make a decision on the application because of the complexity of the matters that need to be considered in deciding the application. Example of an application for specialist registration that may require the consideration of complex matters — an application requiring the board to obtain and consider information about the applicant from a foreign regulatory authority (2) The board may at any time before the final consideration day give notice to the applicant that— (a) because of the complexity of the matters that need to be considered in deciding the application, the board needs further time to decide the application; and (b) the period within which the board must decide the application is extended to a day (the extended day ) that is 60 days after the final consideration day. (3) Also, the applicant and board may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application is to be decided. (4) The board is taken to have refused to register the applicant as a specialist registrant if the board does not decide the application by— (a) if subsection (2) applies—the extended day; or (b) if subsection (3) applies—the agreed extended day; or (c) if both subsections (2) and (3) apply—the later of the extended day or agreed extended day. 10 If the applicant is registered as a provisional specialist registrant, section 69, as applied by section 124(1)(a), states when the board is taken to have decided to refuse to register the applicant as a specialist registrant.

s 118 79 Medical Practitioners Registration Act 2001 s 118 (5) Subsection (4) does not apply if the applicant is registered as a provisional specialist registrant. 11 (6) In this section— final consideration day means the latest of the following days— (a) the day that is 60 days after receipt of the application; (b) if the board has, under section 112(1)(b), required the applicant to give the board further information or a document, the day that is 60 days after the board receives the further information or document; (c) if the board has, under section 112(1)(c), required the applicant to undergo an examination, the day that is 60 days after the board receives the results of the examination; (d) if the board has, under section 112(1)(d), required the applicant to undergo a health assessment, the day that is 60 days after the board receives the assessment report. Subdivision 5 Information in certificates of specialist registration 118 Form of certificates of specialist registration (1) A certificate of specialist registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant’s name; (b) the specialty to which the registration relates; (c) the period of the registration; (d) any conditions of registration. 11 If the applicant is registered as a provisional specialist registrant, section 69, as applied by section 124(1)(a), states when the board is taken to have decided to refuse to register the applicant as a specialist registrant.

s 119 80 Medical Practitioners Registration Act 2001 s 120 Subdivision 6 Period of specialist registration 119 Period (1) The period of registration that is to apply to specialist registrants is the period (the specialist registration period ), not more than 3 years, prescribed under a regulation. (2) If the board decides to register an applicant as a specialist registrant during a specialist registration period, the registration remains in force for the period— (a) commencing on the day when the board made the decision; and (b) ending on the last day of the specialist registration period. (3) This section does not apply to a short-term registration. Subdivision 7 Conditions of specialist registration 120 Conditions attaching to general registration applicable to specialist registration (1) This section applies if— (a) the board decides to register a general registrant as a specialist registrant; and (b) the registrant’s general registration is, immediately before the decision takes effect, subject to conditions. (2) The person’s specialist registration is subject to the conditions, other than any recency of practice conditions, attaching to the general registration. (3) Subsection (2) does not limit the board’s power to impose conditions under section 121 on the registrant’s specialist registration.

s 121 81 Medical Practitioners Registration Act 2001 s 121A (4) Conditions attaching under subsection (2) to a specialist registration may not be reviewed under division 8, as applied by section 124. 12 121 Imposition of conditions by board (1) The board may register an applicant as a specialist registrant in a specialty on conditions the board considers necessary or desirable for the applicant to competently and safely practise the specialty. (2) If the board decides to register an applicant as a specialist registrant on conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions; 13 and (b) give the applicant an information notice about the decisions. (3) If the board decides to register an applicant who is not a general registrant on conditions because of the registrant’s mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (4) The board must decide not to record details of the conditions mentioned in subsection (3) 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. 121A Condition of practice under supervision (1) This section applies if, under section 121(1), a person is registered as a specialist registrant on condition the registrant carry out the registrant’s practice under supervision. (2) The board may ask a person involved in the supervision to give information to the board about the supervised practice. 12 See section 128 (Effect on specialist registration if conditions on general registration are changed or removed). 13 The conditions may be reviewed under division 8 (Reviewing conditions of general registrations) as applied by section 124 (Application of certain provisions to provisional specialist registration and specialist registration).

s 122 82 Medical Practitioners Registration Act 2001 s 124 122 Contravention of conditions A specialist registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. 123 Standard condition of specialist registration of certain persons (1) This section applies to a person who is a specialist registrant, but is not also a general registrant. (2) The registration is subject to the condition that the registrant must not practise the profession other than in the specialty to which the registration relates. Subdivision 8 Application of certain provisions 124 Application of certain provisions to provisional specialist registration and specialist registration (1) The following provisions (the stated provisions ) apply to provisional specialist registration and specialist registration as if it were provisional general registration and general registration— (a) division 3 other than sections 62 and 65(2)(c); (b) division 4 (Renewal of general registrations); (c) division 5 (Restoration of general registrations); (d) division 6 (Cancellation of general registrations); (e) division 8 (Reviewing conditions of general registrations). (2) However, for the specialist registration of a person who is also a general registrant, the following provisions of division 8 do not apply to the registration— (a) the provisions to the extent to which they relate to health assessments; and (b) section 108.

s 124 83 Medical Practitioners Registration Act 2001 s 124 (3) For subsection (1), the stated provisions apply as if— (a) an applicant for general registration were an applicant for specialist registration; and (b) an application for general registration were an application for specialist registration; and (c) general registration were specialist registration; and (d) provisional general registration were provisional specialist registration; and (e) a certificate of provisional general registration were a certificate of provisional specialist registration; and (f) a provisional general registrant were a provisional specialist registrant; and (g) a certificate of general registration were a certificate of specialist registration; and (h) a general registrant were a specialist registrant; and (i) the profession were the specialty to which the specialist registration relates; and (j) the registration fee were the specialist registration fee; and (k) the restoration fee were the specialist restoration fee; and (l) a general registration period were a specialist registration period; and (m) an applicant for renewal of general registration were an applicant for renewal of specialist registration; and (n) an application for renewal of general registration were an application for renewal of specialist registration; and (o) an applicant for restoration of general registration were an applicant for restoration of specialist registration; and (p) an application for restoration of general registration were an application for restoration of specialist registration.

s 125 84 Medical Practitioners Registration Act 2001 s 125 (4) The approved form for a certificate of provisional specialist registration must also provide for the inclusion of the specialty to which the registration relates. 125 Provisional specialist registration of a person (1) Subsection (2) applies if an authorised person reasonably considers— (a) an applicant for specialist registration is eligible for specialist registration in a specialty without conditions; and (b) because of the period before the board is likely to consider the application in the ordinary course of its business, it is not reasonable for the applicant to have to wait for the board to consider the application. (2) The authorised person may decide to register the applicant as a provisional specialist registrant in the specialty. (3) Subsection (4) applies if an authorised person or the board— (a) reasonably considers, subject to an applicant for specialist registration giving the board further evidence of the applicant’s relevant qualification in the specialty, the applicant is eligible for the specialist registration without conditions; or (b) reasonably considers— (i) an applicant for specialist registration would be eligible for the specialist registration without conditions, other than for the fact that the relevant qualification in the specialty relied on by the applicant has not been conferred on, or awarded to, the applicant; and (ii) the applicant is entitled to have the relevant qualification conferred on, or awarded to, him or her. (4) The authorised person or board may decide to register the applicant as a provisional specialist registrant in the specialty. (5) If the authorised person or board decides to register the applicant as a provisional specialist registrant, the authorised

s 126 85 Medical Practitioners Registration Act 2001 s 127 person or board must as soon as practicable issue a certificate of provisional specialist registration to the applicant. (6) An authorised person or the board may not decide to register a person as a provisional specialist registrant on conditions. (7) In this section— authorised person has the meaning given by section 61, as applied by section 124(1)(a). Subdivision 9 Miscellaneous 126 Additional information to be included in show cause notice (1) This section applies if— (a) a person is a general registrant and specialist registrant or a general registrant and provisional specialist registrant; and (b) the board gives the registrant a show cause notice in relation to the registrant’s general registration. (2) In addition to the matters mentioned in section 85(2), the show cause notice must state that if the general registration is cancelled, the specialist registration or provisional specialist registration ends under section 127. 127 Effect on specialist registration if general registration ceases to have effect (1) This section applies to a person who is a general registrant and specialist registrant or a general registrant and provisional specialist registrant. (2) If the registrant’s general registration ends under this Act, the registrant’s specialist registration or provisional specialist registration ends on the same day (the effective day ) as the day the general registration ends. (3) Subsection (2) applies despite section 73, as applied by section 124(1)(b).

s 128 86 Medical Practitioners Registration Act 2001 s 128 (4) If the registrant’s general registration is cancelled by the board, the information notice given to the registrant about the decision to cancel the general registration must also include a direction to the registrant to return the certificate of specialist registration or certificate of provisional specialist registration within 14 days after the effective day. (5) The person must return the certificate of specialist registration or certificate of provisional specialist registration to the board within 14 days after the effective day, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—10 penalty units. 128 Effect on specialist registration if conditions on general registration are changed or removed (1) This section applies if— (a) a person is a general registrant and specialist registrant; and (b) the general registration is subject to conditions. 14 (2) If the conditions are changed under this Act, the conditions are taken to be changed in the same way on the registrant’s specialist registration. (3) If the conditions are removed under this Act, the conditions are taken to be removed from the registrant’s specialist registration. (4) The change to, or removal of, the conditions on the specialist registration takes effect on the same day (the effective day ) as the day the board’s decision to change or remove the conditions on the general registration takes effect. (5) Subsections (6) to (8) apply to a decision to change the conditions on the registrant’s general registration. (6) The information notice given to the registrant about the decision to change the conditions on the registrant’s general 14 Under section 120(2), if a person is a general registrant and a specialist registrant, the person’s specialist registration is subject to the conditions attaching to the person’s general registration immediately before the person is registered as a specialist registrant.

s 129 87 Medical Practitioners Registration Act 2001 s 129 registration must also include a direction to the registrant to return the certificate of specialist registration within 14 days after the effective day. (7) The registrant must return the certificate of specialist registration to the board within 14 days after the effective day, unless the registrant has a reasonable excuse. Maximum penalty—10 penalty units. (8) 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 specialist registration to the registrant to replace the certificate returned to the board. (9) For a decision to remove the conditions from the registrant’s general registration, the board must as soon as practicable after the effective day issue another certificate of specialist registration to the registrant that does not mention the removed conditions. (10) In this section— conditions means conditions other than recency of practice conditions. 129 Restoration of specialist registration (1) This section applies if— (a) a person is registered as a general registrant and a specialist registrant; and (b) the person’s specialist registration expires; and (c) the person applies, under section 79, as applied by section 124(1)(c), for the restoration of the person’s specialist registration. (2) The board must decide not to restore the person’s specialist registration if the person is not a general registrant. (3) Section 75, as applied under section 124(1)(c), is subject to this section.

s 130 88 Medical Practitioners Registration Act 2001 s 130A 130 Decision about recording details of certain conditions in register (1) This section applies if— (a) a person is a general registrant and specialist registrant; and (b) either of the following applies— (i) conditions ( health conditions ) are imposed under this Act on the person’s general registration because of the person’s mental or physical health; (ii) the health conditions (the changed health conditions ) are changed under this Act. (2) The decision made, under this Act, about recording details of the health conditions or changed health conditions in the register applies in the same way to the same conditions attaching to the person’s specialist registration. Division 10 Special purpose registrations Subdivision 1AA Preliminary 130A Definitions for div 10 In this division— proposed supervisor , of an applicant for special purpose registration for a special purpose mentioned in sections 132 to 137, means the registrant who will have primary responsibility for the applicant’s supervision while the applicant follows the supervised practice plan for the applicant that accompanied the application. supervised practice plan , for an applicant for special purpose registration for a special purpose mentioned in sections 132 to 137, means a plan prepared by the applicant, in consultation with the applicant’s proposed supervisor, that— (a) is in the approved form; and

s 131 89 Medical Practitioners Registration Act 2001 s 132 (b) has been signed by the applicant and applicant’s proposed supervisor. Subdivision 1 Eligibility for special purpose registration 131 Eligibility (1) A person may obtain special purpose registration to undertake an activity for a purpose (a special purpose ) mentioned in sections 132 to 138. (2) An applicant for special purpose registration for a special purpose is eligible for special purpose registration for the purpose if— (a) the applicant is fit to practise the profession; and (b) the applicant is qualified for registration under this subdivision; and (c) the applicant is not qualified for general registration under section 44; and (d) for an applicant for special purpose registration for a special purpose mentioned in sections 132 to 137—the board is satisfied about the content of the supervised practice plan for the applicant accompanying the application. (3) However, subsection (2)(c) does not apply if the application is for special purpose registration, under section 134 or 135, to enable the applicant to practise the profession in a specialty. 132 Postgraduate study or training (1) The purpose of registration under this section is to enable a person to undertake postgraduate study or training, in medicine, approved by the board. (2) A person is qualified for special purpose registration to undertake postgraduate study or training in medicine if the person has a medical qualification.

s 133 90 Medical Practitioners Registration Act 2001 s 134 (3) In deciding whether to approve the study or training and register a person as a special purpose registrant under this section, the board may have regard to— (a) the nature, content and duration of the study or training; and (b) the relevance of the person’s existing qualifications and experience to the study or training. 133 Supervised training to prepare for clinical examination (1) The purpose of registration under this section is to enable a person to undertake supervised training, approved by the board, to prepare for the clinical examination in the practice of the profession conducted by the Australian Medical Council. (2) A person is qualified for special purpose registration to undertake supervised training if the person has been accepted by the council as a candidate for the examination. (3) In deciding whether to approve the training and register a person as a special purpose registrant under this section, the board may have regard to— (a) the nature, content and duration of the training; and (b) the nature of the supervision of the training. 134 Medical teaching or research, and connected practice (1) The purpose of registration under this section is to enable a person— (a) to engage in medical teaching or research; or (b) to— (i) engage primarily in medical teaching or research; and (ii) engage in practice of the profession in connection with the medical teaching or research, including practice of a specialty. (2) A person is qualified for special purpose registration to undertake an activity mentioned in subsection (1) if the person

s 135 91 Medical Practitioners Registration Act 2001 s 135 has a medical qualification and experience the board considers suitable for the activity. (3) If the person is applying for special purpose registration to practise the profession in a specialty, in making its decision under subsection (2), the board must have regard to the advice and recommendations of— (a) any relevant Australian specialist college or institution for the specialty; and (b) the Australian Medical Council. 135 Practice in area of need (1) The purpose of registration under this section is to enable a person to practise the profession in an area the Minister has decided, under subsection (4), is an area of need for a medical service. (2) A person is qualified for special purpose registration to practise the profession in an area of need if the person has a medical qualification and experience the board considers suitable for practising the profession in the area. (3) If the person is applying for special purpose registration to practise the profession in a specialty, in making its decision under subsection (2), the board must have regard to the advice and recommendations of— (a) any relevant Australian specialist college or institution for the specialty; and (b) the Australian Medical Council. (4) The Minister may decide there is an area of need for a medical service (an area of need decision ) if the Minister considers there are insufficient medical practitioners practising in the State, or a part of the State, to provide the service at a level that meets the needs of people living in the State or the part of the State. (5) In making an area of need decision, the Minister must have regard to— (a) if the decision relates to a medical service provided by medical practitioners practising in particular positions at

s 135 92 Medical Practitioners Registration Act 2001 s 135 particular health service facilities—whether there are reasonable prospects of medical practitioners being soon engaged to provide the medical service at the health service facilities; or (b) if the decision relates to a medical service provided by medical practitioners practising at particular health service facilities in a part of Queensland—whether it is reasonably practicable for the medical service to be provided by medical practitioners practising at other health service facilities in that part of Queensland; or (c) if the decision relates to a medical service provided by medical practitioners practising in a part of Queensland—whether it is reasonably practicable for the medical service to be provided by medical practitioners practising in another part of Queensland. (6) An area of need decision must include the time for which the decision applies (its operational time ). (7) To remove any doubt, it is declared that— (a) an area of need decision may be amended under this section; and (b) an area of need decision may relate to a medical service provided by a stated class of medical practitioners practising in Queensland or a part of Queensland. (8) The operational time of an area of need decision may not be more than 4 years. (9) The Minister must give the board notice of each area of need decision. (10) The Minister may delegate the Minister’s power under this section to the executive officer. (11) Subsection (10) does not limit any other law under which the Minister may delegate the Minister’s power under this section to a person.

s 136 93 Medical Practitioners Registration Act 2001 s 138 136 Study or training to obtain a qualification in a specialty (1) The purpose of registration under this section is to enable a person to undertake study or training to obtain a qualification, mentioned in section 111(1)(b)(i), in a specialty. (2) A person is qualified for special purpose registration to undertake study or training to obtain a qualification mentioned in section 111(1)(b)(i) in a specialty if the person has— (a) a qualification in the specialty, other than a qualification mentioned in section 111(1)(b)(i); and (b) experience in the practice of the specialty. 137 Practice in the public interest (1) The purpose of registration under this section is to enable a person with a qualification in, and experience in the practice of, the profession to practise the profession for a particular purpose. (2) A person with a qualification in, and experience in the practice of, the profession is qualified for special purpose registration to practise the profession for a particular purpose if the board is satisfied it would be in the public interest for the person to practise the profession for the purpose. 138 Practice in general practice (1) The purpose of registration under this section is to enable a person to practise medicine in general practice. (2) A person is qualified for special purpose registration to practise medicine in general practice if the person has qualifications in the general practice of medicine conferred by the Royal Australian College of General Practitioners or another body prescribed under a regulation.

s 139 94 Medical Practitioners Registration Act 2001 s 139 Subdivision 2 Applications for special purpose registration 139 Application of divs 2 and 3 (1) For a person being registered as a special purpose registrant, division 2 (other than sections 43, 44 and 56 to 60) and division 3 (other than sections 62 and 65(2)(c)) apply as if— (a) an application for general registration were an application for special purpose registration; and (b) an applicant for general registration were an applicant for special purpose registration; and (c) a general registration were a special purpose registration; and (d) a general registrant were a special purpose registrant; and (e) a certificate of general registration were a certificate of special purpose registration; and (f) a provisional general registrant were a provisional special purpose registrant; and (g) a provisional general registration were a provisional special purpose registration; and (h) a certificate of provisional general registration were a certificate of provisional special purpose registration. (2) The approved form for a certificate of special purpose registration or certificate of provisional special purpose registration must also provide for the inclusion of— (a) details of the special purpose and activity for which the registrant is registered; and (b) if the special purpose involves the practice of a specialty, details of the specialty. (3) In addition to the documents mentioned in section 42(1)(c), as applied by subsection (1), an application for special purpose registration for a special purpose mentioned in sections 132 to 137 must be accompanied by a supervised practice plan for the applicant.

s 140 95 Medical Practitioners Registration Act 2001 s 140B 140 Period of special purpose registration If the board decides to register the applicant as a special purpose registrant, the registration remains in force for the period, not more than 1 year, decided by the board when deciding to register the applicant as a special purpose registrant. 140A Standard condition—registration under ss 132–137 (1) A special purpose registration for a special purpose mentioned in sections 132 to 137 is subject to the condition that the registrant may practise the profession only in accordance with the applicable supervised practice plan that— (a) accompanied the application for the special purpose registration; or (b) was approved by the board for the registrant under section 150AB. (2) The board may ask a person involved in the supervision, under the plan, of the registrant’s practise of the profession to give information to the board about the supervised practice. 140B Standard condition—registration under ss 132–136 (1) A special purpose registration for a special purpose mentioned in section 132, 134 or 135 is subject to the condition that the registrant apply for general registration or specialist registration, or for special purpose registration for a special purpose mentioned in section 138, during 4 continuous years of registration as a special purpose registrant for any special purpose. (2) A special purpose registration for a special purpose mentioned in section 133 is subject to the condition that the registrant apply for general registration during 3 continuous years of registration as a special purpose registrant for any special purpose. (3) A special purpose registration for a special purpose mentioned in section 136 is subject to the condition that the registrant apply for specialist registration during 2 continuous years of

s 141 96 Medical Practitioners Registration Act 2001 s 143 registration as a special purpose registrant for any special purpose. 141 Imposition of conditions by board (1) The board may decide to register the applicant as a special purpose registrant on conditions the board considers necessary or desirable for the applicant to competently and safely undertake the activity the subject of the application. (2) If the board decides to register the applicant as a special purpose registrant on conditions, it must as soon as practicable give the applicant an information notice about the decision. 142 Contravention of conditions A special purpose registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. 143 Provisional special purpose registration of a person (1) Subsection (2) applies if an authorised person reasonably considers— (a) an applicant for special purpose registration is eligible for the special purpose registration without conditions; and (b) because of the period before the board is likely to consider the application in the ordinary course of its business, it is not reasonable for the applicant to have to wait for the board to consider the application. (2) The authorised person may decide to register the applicant as a provisional special purpose registrant. (3) Subsection (4) applies if an authorised person or the board— (a) reasonably considers, subject to an applicant for special purpose registration giving the board further evidence of the applicant’s relevant qualification, the applicant is eligible for the registration without conditions; or

s 143A 97 Medical Practitioners Registration Act 2001 s 143A (b) reasonably considers— (i) an applicant for special purpose registration would be eligible for the special purpose registration without conditions, other than for the fact that the relevant qualification relied on by the applicant has not been conferred on, or awarded to, the applicant; and (ii) the applicant is entitled to have the relevant qualification conferred on, or awarded to, him or her. (4) The authorised person or board may decide to register the applicant as a provisional special purpose registrant. (5) If the authorised person or board decides to register the applicant as a provisional special purpose registrant, the authorised person or board must as soon as practicable issue a certificate of provisional special purpose registration to the applicant. (6) An authorised person or the board may not decide to register a person as a provisional special purpose registrant on conditions. (7) In this section— authorised person has the meaning given by section 61, as applied by section 139(1). conditions means conditions imposed under section 141. 143A Deemed specialist registration (1) This section applies to a registrant who is registered, under section 134 or 135, to practise the profession in a specialty. (2) While the registrant is registered to practise the profession in a specialty, the registrant is taken to also be a specialist registrant in the specialty. (3) The registrant’s deemed specialist registration under subsection (2) is taken to be subject to any conditions of the registrant’s special purpose registration.

s 143B 98 Medical Practitioners Registration Act 2001 s 145 (4) Part 3, division 9 does not apply to the registrant while the registrant is taken, under subsection (2), to be a specialist registrant. (5) Also, part 3, division 11 does not apply to the registrant’s deemed specialist registration under subsection (2). Subdivision 3 Renewal of special purpose registrations 143B Non-application of sdiv 3 to short-term registration This subdivision does not apply to a short-term registration. 144 Application of div 4, sdivs 2 and 3 For renewing a special purpose registration, division 4, subdivisions 2 and 3, other than section 77(3) and the provisions to the extent to which they relate to recency of practice requirements, apply as if— (a) an application for the renewal of a general registration were an application for the renewal of a special purpose registration; and (b) an applicant for the renewal of a general registration were an applicant for the renewal of a special purpose registration; and (c) an applicant’s general registration were an applicant’s special purpose registration; and (d) a general registrant were a special purpose registrant; and (e) a certificate of general registration were a certificate of special purpose registration. 145 Matters that may be considered in deciding applications for renewal of special purpose registrations (1) In deciding whether to renew a special purpose registration, the board may have regard to the matters to which the board

s 146 99 Medical Practitioners Registration Act 2001 s 146 may have regard in deciding whether a proposed special purpose registrant is eligible for special purpose registration. 15 (2) Also, in deciding whether to renew a special purpose registration for a special purpose mentioned in section 132, 134 or 135, the board must be satisfied the registrant has made reasonable progress towards— (a) being qualified for general registration under section 44; or (b) obtaining a qualification in a specialty mentioned in section 111(1)(b)(i); or (c) being qualified for special purpose registration under section 138(2). (3) Also, in deciding whether to renew a special purpose registration for a special purpose mentioned in section 133, the board must be satisfied the registrant has made reasonable progress towards being qualified for general registration under section 44. (4) Also, in deciding whether to renew a special purpose registration for a special purpose mentioned in section 136, the board must be satisfied the registrant has made reasonable progress towards obtaining a qualification in a specialty mentioned in section 111(1)(b)(i). 146 Renewal on conditions (1) The board may decide to renew a special purpose registration on conditions the board considers necessary or desirable for the registrant to competently and safely undertake the activity the subject of the registration. (2) Except to the extent the board decides otherwise, any conditions imposed by the board attaching to the registration immediately before its renewal continue to attach to the registration on its renewal. (3) If the board decides to renew a special purpose registration on conditions, it must as soon as practicable give the registrant an information notice about the decision. 15 See section 131(2).

s 147 100 Medical Practitioners Registration Act 2001 s 149 147 Period of renewed special purpose registration (1) If the board decides to renew a special purpose registration, the registration remains in force for the period, not more than 1 year, decided by the board when deciding to renew the registration. (2) However, for a special purpose registration under section 137, the total period of the registration, including any renewal of the registration, must not be more than 1 year. Subdivision 4 Cancellation of special purpose registrations 148 Application of div 6 For cancelling a special purpose registration, division 6, other than section 84, applies as if— (a) a general registration were a special purpose registration; and (b) a certificate of general registration were a certificate of special purpose registration. 149 Grounds for cancellation (1) Each of the following is a ground for cancelling a special purpose registration— (a) the registrant has practised the profession other than for the activity for which the registrant is registered; (b) the registrant has been convicted of an indictable offence; (c) the registrant has been convicted of an offence against this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (d) the registrant has contravened a condition of the registration;

s 149A 101 Medical Practitioners Registration Act 2001 s 149A (e) the registration happened because the board was given, by the registrant or someone else, information or a document that— (i) was materially false, within the meaning given by section 273(1), at the time it was given; or (ii) became materially false, within the meaning given by section 273(1), after it was given; (f) the registrant ceases to have, or does not have, the qualifications necessary for registration. (2) Subsection (1)(a) applies subject to sections 150AA(4) and 150AC(8). Subdivision 5 Changing or removing conditions 149A Changing conditions (1) This section applies if the board reasonably believes the conditions imposed by the board on a special purpose registration under this Act need to be changed for the registrant to competently and safely undertake the activity the subject of the registration. (2) The board must give the registrant a notice (a show cause notice ) stating— (a) the board’s proposal to change the conditions; and (b) the ground for the proposed change; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) an invitation to the registrant to show within a stated period (the show cause period ) why the conditions should not be changed. (3) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the registrant. (4) The registrant may make written submissions about the show cause notice to the board in the show cause period.

s 150 102 Medical Practitioners Registration Act 2001 s 150A (5) The board must consider any submissions made under subsection (4) and decide whether or not to change the conditions in the way stated in the notice. (6) The board must give the registrant notice of its decision as soon as practicable after it is made. (7) If the board decides to change the conditions, it must as soon as practicable give the registrant an information notice about the decision. (8) The change takes effect when the information notice is given to the registrant and does not depend on the certificate of special purpose registration being amended to record the change or a replacement certificate of special purpose registration being issued. 150 Removal (1) This section applies if the board reasonably believes the conditions imposed by the board on a special purpose registration under this Act are no longer necessary or desirable for the registrant to competently and safely undertake the activity the subject of the registration. (2) The board must decide to remove the conditions. (3) The board must give the registrant notice of the decision as soon as practicable after it is made. (4) The removal takes effect when notice of the decision is given to the registrant and does not depend on a new certificate of special purpose registration being issued to the registrant under section 150A(4). 150A Amending, replacing, or issuing new, certificate of general registration (1) Subsections (2) and (3) apply if a special purpose registrant receives an information notice, under section 149A(7), about a decision to change the conditions of the registration. (2) The registrant must return the certificate of special purpose registration to the board within 14 days after receiving the notice, unless the registrant has a reasonable excuse.

s 150AA 103 Medical Practitioners Registration Act 2001 s 150AA 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 special purpose registration to the registrant to replace the certificate returned to the board. (4) If a special purpose registrant receives a notice under section 150(3) about a decision to remove the conditions of the registration, the board must, as soon as practicable after the decision is made, issue another certificate of special purpose registration to the registrant that does not mention the removed conditions. Subdivision 6 Notification of the board 150AA Notice to the board of temporary or permanent transfer to junior medical officer position (1) This section applies if— (a) a person is registered, under section 135, to practise the profession in a junior medical officer position with a particular level of seniority at 1 or more particular health service facilities; and (b) the person occupies a junior medical officer position with the particular level of seniority at a health service facility to which the registration applies; and (c) the person intends to transfer, on a temporary or permanent basis, to— (i) a junior medical officer position (the transfer position ) with a different level of seniority at any health service facility; or (ii) a junior medical officer position (also the transfer position ) with the same level of seniority at a health service facility to which the registration does not apply.

s 150AA 104 Medical Practitioners Registration Act 2001 s 150AA (2) The person must give notice of the proposed transfer to the board. (3) The notice must— (a) be in the approved form; and (b) be accompanied by— (i) a certification, by the executive director of medical services for the health service facility from or within which the person is transferring, that the person has sufficient practical experience and training in the practice of the profession to undertake the duties and responsibilities of the transfer position in a professional, safe and competent way; and (ii) other documents, identified in the approved form, the board reasonably requires; and (c) be given before the person transfers to the transfer position. (4) For section 149(1)(a), if the person gives a notice of the proposed transfer under subsection (2) and transfers to the transfer position, the person is taken to be practising the profession for the activity for which the person is registered under section 135. (4A) This section applies subject to section 150AB. (5) In this section— executive director of medical services , for the health service facility from which the person is transferring, means— (a) a position at the facility with the title ‘executive director of medical services’ or, if from time to time the title is changed, the changed title; or (b) a position at the facility equivalent to a position mentioned in paragraph (a). junior house officer , for a health service facility other than a public sector health service facility, means a position at the facility—

s 150AA 105 Medical Practitioners Registration Act 2001 s 150AA (a) with a title equivalent to the title for a junior house officer position at a public sector health service facility; and (b) in which the incumbent has duties and responsibilities that are usually the duties and responsibilities of a general registrant practising the profession during the first year after registration. junior house officer , for a public sector health service facility, means a position at the facility— (a) with the title ‘junior house officer’ or, if from time to time the title is changed, the changed title; and (b) in which the incumbent has duties and responsibilities that are usually the duties and responsibilities of a general registrant practising the profession during the first year after registration. junior medical officer means one of the following positions at a health service facility, listed in ascending order of seniority— (a) junior house officer; (b) senior house officer; (c) principal house officer. principal house officer , for a health service facility other than a public sector health service facility, means a position at the facility— (a) with a title equivalent to the title for a principal house officer position at a public sector health service facility; and (b) in which the incumbent has duties and responsibilities that are usually the duties and responsibilities of a registrar, but is not undertaking postgraduate study or training in medicine. principal house officer , for a public sector health service facility, means a position at the facility— (a) with the title ‘principal house officer’ or, if from time to time the title is changed, the changed title; and

s 150AB 106 Medical Practitioners Registration Act 2001 s 150AB (b) in which the incumbent has duties and responsibilities that are usually the duties and responsibilities of a registrar, but is not undertaking postgraduate study or training in medicine. registrar means a medical practitioner— (a) occupying the position at a health service facility with the title of ‘registrar’ or, if from time to time the title is changed, the changed title; and (b) who is undertaking postgraduate study or training in medicine. senior house officer , for a health service facility other than a public sector health service facility, means a position at the facility— (a) with a title equivalent to the title for a senior house officer position at a public sector health service facility; and (b) in which the incumbent has duties and responsibilities that are usually the duties and responsibilities of a general registrant practising the profession during the second, or a subsequent, year after registration. senior house officer , for a public sector health service facility, means a position at the facility— (a) with the title ‘senior house officer’ or, if from time to time the title is changed, the changed title; and (b) in which the incumbent has duties and responsibilities that are usually the duties and responsibilities of a general registrant practising the profession during the second, or a subsequent, year after registration. 150AB Approval of proposed supervised practice plan (1) This section applies to a person mentioned in section 150AA(1) who wishes to transfer to a position that will require the person to practise the profession in accordance with a supervised practice plan different to that under which the person is currently practising the profession.

s 150AB 107 Medical Practitioners Registration Act 2001 s 150AB (2) The person must apply to the board for approval of a proposed supervised practice plan for the person relevant to the position. (3) The application must— (a) be in the approved form; and (b) be accompanied by the proposed supervised practice plan for the person relevant to the position. (4) The board must consider the application and decide to approve, or refuse to approve, the proposed supervised practice plan. (5) If the board decides to approve the proposed supervised practice plan, it must as soon as practicable give the applicant notice of the approval. (6) If the board decides to refuse to approve the proposed supervised practice plan, it must as soon as practicable give the applicant an information notice about the decision. (7) If the board fails to decide the application within 14 days after its receipt, the failure is taken to be a decision by the board to approve the proposed supervised practice plan. (8) The person may not, under section 150AA, give notice of the proposed transfer to the position without first obtaining the approval of the board of a proposed supervised practice plan for the person relevant to the position. (9) In this section— proposed supervised practice plan , for the person relevant to the position, means a plan prepared by the person, in consultation with the person’s supervisor, that— (a) is in the approved form; and (b) has been signed by the person and person’s supervisor. supervisor , of the person, means the registrant who will have primary responsibility for the person’s supervision while the person follows the proposed supervised practice plan for the person relevant to the position.

s 150AC 108 Medical Practitioners Registration Act 2001 s 150AC 150AC Notice to the board of supervised training (1) Subsection (2) applies to a person who is registered, under section 135, to practise the profession in a specialty at a health service facility in a part of Queensland. (2) If the person will be undertaking supervised training in the practice of the profession in the specialty at a health service facility in another part of Queensland, the person must give notice of the training to the board. (3) Subsection (4) applies to a person who is registered as a special purpose registrant for a special purpose mentioned in section 134(1)(b) at a health service facility in a part of Queensland. (4) If the person will be undertaking supervised training in relation to the activity at a health service facility in another part of Queensland, the person must give notice of the training to the board. (5) Subsection (6) applies to a person who is registered, under section 135, to practise the profession in a senior medical officer position at a health service facility in a part of Queensland. (6) If the person will be undertaking supervised training in the practice of the profession in a senior medical officer position at a health service facility in another part of Queensland, the person must give notice of the training to the board. (7) A notice given under subsection (2), (4) or (6) must— (a) be in the approved form; and (b) be accompanied by— (i) a certification, by the executive director of medical services for the health service facility for which the person has special purpose registration, that the person has sufficient practical experience and training in the practice of the profession to undertake the supervised training in a professional, safe and competent way; and (ii) other documents, identified in the approved form, the board reasonably requires; and (c) be given before the person starts the training.

s 150AD 109 Medical Practitioners Registration Act 2001 s 150AD (8) For section 149(1)(a), if the person gives a notice of the training under subsection (2), (4) or (6), the person is taken while undertaking the training to be practising the profession for the activity for which the person is registered under section 134(1)(b) or 135. (9) In this section— executive director of medical services , for the health service facility for which the person has special purpose registration, means— (a) a position at the facility with the title ‘executive director of medical services’ or, if from time to time the title is changed, the changed title; or (b) a position at the facility equivalent to a position mentioned in paragraph (a). senior medical officer means— (a) for a public sector health service facility—a position at the facility with the title ‘senior medical officer’ or, if from time to time the title is changed, the changed title; or (b) for a health service facility other than a public sector health service facility—a position at the facility equivalent to a position mentioned in paragraph (a). Division 10A Limited registrations and non-practising registrations Subdivision 1AA Limited registration 150AD Limitation on right to practise (1) This section applies to a person registered as a general or specialist registrant who has had the person’s registration fee waived by the board (before or after the commencement of this section) under a regulation (a limited registrant ). (2) A limited registrant’s registration is subject to the condition that the registrant must not practise the profession except to—

s 150AD 110 Medical Practitioners Registration Act 2001 s 150AD (a) refer a person to another registrant; or (b) prescribe a scheduled medicine for a person that has been previously prescribed for the person, within the last 12 months, by another registrant who is not a limited registrant. (3) The board may impose further conditions on the limited registrant’s registration that the board considers necessary or desirable for the registrant to competently and safely practise the profession to the extent allowed by this section. (4) A limited registrant may apply to the board in writing for a review of a condition imposed under subsection (3). (5) A limited registrant may not otherwise apply for a review or appeal to a court or tribunal in relation to the following— (a) the imposition of a condition under subsection (3); (b) the board’s decision on an application for a review of a condition under subsection (4). (6) Subsection (5) does not limit the Judicial Review Act 1991 . (7) In this section— controlled drug see the Health (Drugs and Poisons) Regulation 1996 , appendix 9. poison see the Health (Drugs and Poisons) Regulation 1996 , appendix 9. prescribe see the Health (Drugs and Poisons) Regulation 1996 , appendix 9. restricted drug see the Health (Drugs and Poisons) Regulation 1996 , appendix 9. restricted drug of dependency see the Health (Drugs and Poisons) Regulation 1996 , appendix 9. scheduled medicine means a restricted drug (other than a restricted drug of dependency) and does not include a controlled drug or a poison. standard see the Health (Drugs and Poisons) Regulation 1996 , appendix 9.

s 150B 111 Medical Practitioners Registration Act 2001 s 150D Subdivision 1 Eligibility for non-practising registration 150B Eligibility A person is eligible for non-practising registration if— (a) the person— (i) is a registrant; or (ii) has been registered under this Act or the repealed Act or is, or has been, registered under a corresponding law; and (b) the person is a suitable person to be a non-practising registrant. Subdivision 2 Applications for non-practising registration 150C Application of div 2 For a person being registered as a non-practising registrant, division 2, other than sections 42(1)(c)(i) and (iii), (2) and (3), 43 to 50, and 53 to 60, applies as if— (a) an application for general registration were an application for non-practising registration; and (b) an applicant for general registration were an applicant for non-practising registration; and (c) a general registration were a non-practising registration; and (d) a general registrant were a non-practising registrant; and (e) a certificate of general registration were a certificate of non-practising registration. 150D Suitability of proposed non-practising registrant (1) In deciding whether an applicant for non-practising registration is a suitable person to be a non-practising

s 150D 112 Medical Practitioners Registration Act 2001 s 150D registrant, the board may have regard to each of the following— (a) any conviction of the applicant for an indictable offence; (b) any conviction of the applicant for an offence against the repealed Act, this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (c) any conviction of the applicant for an offence, relating to the practice of the profession— (i) against the Health Act 1937 or the Fair Trading Act 1989 ; or (ii) against another law applying, or that applied, in the State, the Commonwealth, another State or a foreign country; (d) any conviction of the applicant for an offence against the Public Health Act 2005 , section 213B; (e) if the applicant is, or has been, registered under this Act, has been registered under the repealed Act or is, or has been, registered under a corresponding law, and the registration was affected— (i) by the imposition of a condition—the nature of the condition and the reason for its imposition; or (ii) by its suspension or cancellation—the reason for its suspension or cancellation; or (iii) in another way—the way it was affected and the reason for it being affected; (f) any other issue relevant to the applicant’s suitability to be a non-practising registrant. (2) In subsection (1), mention of a conviction does not include a conviction that is not part of the applicant’s criminal history. (3) The board may ask the commissioner of the police service for a written report about the applicant’s criminal history. (4) If asked by the board, the commissioner of the police service must give the board a written report about the criminal history of the applicant, including the criminal history in the

s 150E 113 Medical Practitioners Registration Act 2001 s 150F commissioner’s possession or to which the commissioner has access. (5) In this section— criminal history , of an applicant, means the applicant’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than convictions for which the rehabilitation period has expired, and has not been revived, under that Act. 150E Board’s powers before deciding applications (1) Before deciding an application for non-practising registration, the board— (a) may investigate the applicant; and (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1)(b). (4) A notice under subsection (1)(b) must be given to the applicant within 60 days after the board receives the application. 150F Failure to decide application (1) Subject to subsections (2) and (3), if the board fails to decide the application within 60 days after its receipt, the failure is taken to be a decision by the board to refuse to register the applicant as a non-practising registrant. (2) Subsection (3) applies if the board has, under section 150E(1)(b), required the applicant to give the board further information or a document.

s 150G 114 Medical Practitioners Registration Act 2001 s 150J (3) The board is taken to have decided to refuse to register the applicant as a non-practising registrant if it fails to decide the application by the day that is 60 days after the board receives the further information or document. 150G Forms of certificates of non-practising registration (1) A certificate of non-practising registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant’s name; (b) the condition of registration mentioned in section 150H. 150H Standard condition (1) A non-practising registration is subject to the condition that the registrant does not practise the profession. (2) The registrant must not contravene the condition. Maximum penalty—100 penalty units. Subdivision 3 Cancellation of non-practising registrations 150I Application of div 6 For cancelling a non-practising registration, division 6, other than section 84, applies as if— (a) a general registration were a non-practising registration; and (b) a certificate of general registration were a certificate of non-practising registration. 150J Grounds for cancellation Each of the following is a ground for cancelling a non-practising registration—

s 151 115 Medical Practitioners Registration Act 2001 s 152 (a) the registrant has been convicted of an indictable offence; (b) the registrant has been convicted of an offence against this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (c) the registrant has contravened the condition of registration mentioned in section 150H; (d) the registration happened because the board was given, by the registrant or someone else, information or a document that— (i) was materially false, within the meaning given by section 273(1), at the time it was given; or (ii) became materially false, within the meaning given by section 273(1), after it was given. Division 11 General provisions about registrations 151 Person is taken to be registered under this part (1) This section applies if, under this Act, an entity decides to— (a) register a person; or (b) restore a person’s registration. (2) The person is taken to be registered under this part. 152 Surrender of registrations (1) A registrant may surrender the registration by notice given to the board. 16 (2) The surrender takes effect— (a) on the day the notice is given to the board; or 16 See section 127 (Effect on specialist registration if general registration ceases to have effect).

s 153 116 Medical Practitioners Registration Act 2001 s 154 (b) if a later day of effect is stated in the notice, on the later day. (3) The registrant must return the certificate of registration to the board within 14 days after the day the surrender takes effect, unless the registrant has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 153 Replacement of certificates of registration (1) A registrant may apply to the board for the replacement of the certificate of registration if it has been lost, stolen, destroyed or damaged. (2) The board must consider the application and decide to grant, or refuse to grant, the application. (3) The board must decide to grant the application if it is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement. (4) If the board decides to grant the application, it must on payment of the fee prescribed under a regulation— (a) replace the lost, stolen, destroyed or damaged certificate with another certificate of registration; and (b) give the replacement certificate of registration to the applicant. (5) If the board decides to refuse to grant the application, it must as soon as practicable give the applicant an information notice about the decision. 154 Certified copy of certificates of registration A registrant may, on payment of the fee prescribed under a regulation, obtain from the board a certified copy of the certificate of registration.

s 155 117 Medical Practitioners Registration Act 2001 s 156 155 Notification of change in circumstances A registrant must, within 21 days after the happening of a change in the registrant’s circumstances prescribed under a regulation, advise the board of the change. Maximum penalty—10 penalty units. 156 Notification of certain events to interstate regulatory authorities and other entities (1) This section applies if— (a) a person’s general registration, specialist registration or special purpose registration is cancelled under this Act; or (b) conditions are imposed under this Act on a person’s general registration, specialist registration or special purpose registration; or (c) conditions on a person’s general registration, specialist registration or special purpose registration are removed under this Act. (2) As soon as practicable after an event mentioned in subsection (1) happens, the board must give notice about the event to each interstate regulatory authority with which the board is aware the person is registered. (3) Also, the board may give notice about the event to any of the following— (a) the chief executive; (b) other State regulatory authorities; (c) foreign regulatory authorities; (d) professional colleges of which the person is eligible to be a member; (e) professional associations of which the person is eligible to be a member; (f) an employer of the person; (g) the Health Insurance Commission; (h) the Health Quality and Complaints Commission;

s 156A 118 Medical Practitioners Registration Act 2001 s 156A (i) the Minister; (j) another entity having a connection with the person’s practice as a general or special purpose registrant. (4) However, the board must not give a notice about the event to an entity under subsection (3) unless the board reasonably believes— (a) the entity needs to know about the event; and (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. (6) In this section— impose , a condition, does not include confirm the condition. State regulatory authorities means boards established under the health practitioner registration Acts. 156A Short-term registration (1) An application may be made under this part for general, specialist or special purpose registration for a period of not more than 5 weeks. (2) The board may refuse the application if it is not satisfied the applicant has a good reason for a period of registration of that length. (3) Subsection (2) does not limit another provision of this part about deciding an application for registration. (4) If the board decides to grant the application, the registration remains in force for the period decided by the board and may not be renewed or restored. (5) However, a person may apply for registration under this part, including short-term registration, even if the board has previously granted an application by the person for short-term registration.

s 156B 119 Medical Practitioners Registration Act 2001 s 157 156B Report about delayed applications (1) This section applies if an application is made to the board under this part and the board does not decide it within the prescribed period. (2) As soon as practicable after the end of the prescribed period, the board must give the Minister a written report stating— (a) why the application was not decided within the prescribed period; and (b) any action, consistent with this Act, that the board considers may be taken to avoid delays for the same or a similar reason. (3) The report must not identify the applicant. (4) In this section— prescribed period , for an application, means the period of 25 business days starting on the day the application is made to the board in compliance with this Act. Part 4 Obligations of registrants and other persons Division 1 Restricted titles and holding out 157 Taking of restricted titles etc. (1) A person who is not a registrant must not take or use a restricted title. Maximum penalty—1000 penalty units. Example of an individual taking or using a restricted title — AB describes himself or herself as ‘AB, medical practitioner’ Examples of a corporation taking or using a restricted title — 1 ABC Pty Ltd describes itself as ‘ABC Pty Ltd, medical practitioners’ 2 a corporation having a restricted title as part of its name

s 157 120 Medical Practitioners Registration Act 2001 s 157 (2) Subsection (1) does not apply if— (a) the title is taken or used as part of a business name for a business providing professional services; and (b) in the carrying on of the business by the person, a registrant provides professional services. (3) Also, subsection (1) does not apply if— (a) the person is undertaking study or training in the practice of the profession to obtain a qualification for registration; and (b) the person takes or uses the title, in the course of the study or training, in conjunction with words that indicate the person is a student or trainee in the profession. (4) A person (the first person ) must not, in relation to another person who the first person knows or ought reasonably to know is not a registrant, use a restricted title. Maximum penalty—1000 penalty units. (5) Subsection (4) does not apply if— (a) the other person is undertaking study or training in the practice of the profession to obtain a qualification for registration; and (b) the first person uses the title in relation to the other person, in the course of the study or training, in conjunction with words that indicate the other person is a student or trainee in the profession. (6) A person who is not a registrant must not take or use a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (a) the person is a medical practitioner; or (b) the person is authorised or qualified to practise the profession. Maximum penalty—500 penalty units.

s 158 121 Medical Practitioners Registration Act 2001 s 158 (7) A person (the first person ) must not, in relation to another person who the first person knows or ought reasonably to know is not a registrant, use a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is used, indicates or could be reasonably understood to indicate— (a) the other person is a medical practitioner; or (b) the other person is authorised or qualified to practise the profession. Maximum penalty—500 penalty units. (8) However, a non-practising registrant may take or use— (a) the title ‘doctor’; or (b) a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate a medical qualification held by the registrant. (9) In this section— medical practitioner is not limited by the meaning of the term in the dictionary in schedule 3. registrant does not include a non-practising registrant. 158 Taking of restricted specialist title etc. by person (1) A person who is not a specialist registrant or provisional specialist registrant in a specialty must not take or use a restricted specialist title for the specialty. Maximum penalty—1000 penalty units. (2) Subsection (1) does not apply to a person if— (a) the person takes or uses a restricted specialist title for a specialty as part of a business name for a business providing professional services in the specialty; and (b) in the carrying on of the business by the person, a specialist registrant or provisional specialist registrant in the specialty provides professional services in the specialty.

s 159 122 Medical Practitioners Registration Act 2001 s 159 (3) Also, subsection (1) does not apply to a person if the person— (a) is registered as a special purpose registrant or provisional special purpose registrant for a special purpose that involves the practice of the specialty; or (b) takes or uses a title that consists of, or includes, a restricted specialist title, other than for the purposes of providing a health service. Example for subsection (3)(b) — If the title ‘surgeon’ were prescribed as a restricted specialist title for a specialty, a person using the title ‘veterinary surgeon’, and not providing a health service, would not commit an offence under this paragraph. (4) In addition, subsection (1) does not apply to a person if— (a) the person is registered under the Dental Practitioners Registration Act 2001 ; and (b) otherwise than in contravention of that Act, the person takes or uses a restricted title or restricted specialist title, within the meaning of that Act, that is also a restricted specialist title within the meaning of this Act. (5) A person must not use the word ‘specialist’ or ‘specialty’ in circumstances that indicate, or could be reasonably understood to indicate, the person provides professional services in an area that is not a specialty. Maximum penalty for subsection (5)—1000 penalty units. 159 Using restricted specialist title in relation to other person (1) A person (the first person ) must not, in relation to another person who the first person knows or ought reasonably to know is not a specialist registrant, or a provisional specialist registrant, in a specialty, use a restricted specialist title for the specialty. Maximum penalty—1000 penalty units. (2) Subsection (1) does not apply to the first person if the other person is registered as a special purpose registrant or a provisional special purpose registrant for a purpose that involves the practice of the specialty.

s 160 123 Medical Practitioners Registration Act 2001 s 160 (3) Also, subsection (1) does not apply to the first person if the use of the restricted specialist title could not reasonably be taken to indicate the other person provides a health service. (4) In addition, subsection (1) does not apply to the first person if— (a) the other person is registered under the Dental Practitioners Registration Act 2001 ; and (b) otherwise than in contravention of that Act, the first person uses a restricted title or restricted specialist title within the meaning of that Act in relation to the other person and the title is also a restricted specialist title within the meaning of this Act. (5) A person (the first person ) must not, in relation to another person (the second person ) use the word ‘specialist’ or ‘specialty’ in circumstances that indicate, or could be reasonably understood to indicate, the second person provides professional services in an area that is not a specialty. Maximum penalty for subsection (5)—1000 penalty units. 160 Use of title ‘doctor’ (1) A health practitioner who does not hold a doctorate must not, in or in connection with the provision of a health service, use the title of doctor. Maximum penalty—500 penalty units. (2) A health practitioner who holds a doctorate must not, in or in connection with the provision of a health service, use the title of doctor unless the health practitioner uses the title followed by— (a) the health practitioner’s name; and (b) initials or words indicating the doctorate held. Maximum penalty—500 penalty units. (3) In this section— health practitioner means— (a) a nurse, midwife, or other person authorised to practise nursing, under the Nursing Act 1992 ; or

s 161 124 Medical Practitioners Registration Act 2001 s 161 (b) a person registered under any of the following Acts— • Chiropractors Registration Act 2001 • Dental Technicians and Dental Prosthetists Registration Act 2001 • Medical Radiation Technologists Registration Act 2001 • Occupational Therapists Registration Act 2001 • Optometrists Registration Act 2001 • Osteopaths Registration Act 2001 • Pharmacists Registration Act 2001 • Physiotherapists Registration Act 2001 • Podiatrists Registration Act 2001 • Psychologists Registration Act 2001 • Speech Pathologists Registration Act 2001 ; or (c) a person practising in another health-related field, other than a person registered under the Dental Practitioners Registration Act 2001 or a registrant. 17 health service means a service for maintaining, improving or restoring people’s health and wellbeing. title includes description and status. 161 Claims by persons as to registration and prohibited conduct by non-registrants (1) A person who is not a registrant must not— (a) claim, or hold himself or herself out, to be registered under this Act; or (b) allow himself or herself to be held out as being registered under this Act; or (c) claim, or hold himself or herself out, to be eligible to be registered under this Act; or 17 See the Dental Practitioners Registration Act 2001 , section 142 (Use of title ‘doctor’).

s 161 125 Medical Practitioners Registration Act 2001 s 161 (d) allow himself or herself to be held out as being eligible to be registered under this Act. Maximum penalty—1000 penalty units. (2) A person who is not a registrant must not, by means of any conduct in contravention of subsection (1)— (a) under colour or pretence of being registered under this Act or of being eligible to be registered under this Act— (i) obtain any employment; or (ii) obtain access to a hospital, clinic, medical practice or other place; or (iii) carry out, or purport to carry out, a surgical operation, procedure or treatment; or (iv) conduct, or purport to conduct, a medical consultation with a person or a medical examination of a person; or (v) diagnose, or purport to diagnose, an illness or the absence of an illness; or (vi) prescribe or recommend a drug, vitamin, herb or other medication, substance, treatment, remedy or cure for an illness; or (vii) perform or provide a medical service or purport to perform or provide a medical service; or (viii) sign, or give to a person, a medical document or document that purports to be a medical document; or (ix) conduct, or purport to conduct, an autopsy or post mortem examination or otherwise diagnose or determine, or purport to diagnose or determine, a cause of death or the circumstances relating to a death; or (b) offer, promise or agree to do anything mentioned in paragraph (a); or (c) charge, recover or retain a fee or other consideration for doing or purporting to do, or promising or agreeing to do, anything mentioned in paragraph (a); or

s 162 126 Medical Practitioners Registration Act 2001 s 162 (d) claim, recover or retain a fee or other consideration from a health insurance fund or other entity for doing or purporting to do, or promising or agreeing to do, anything mentioned in paragraph (a). Maximum penalty—2000 penalty units or 3 years imprisonment. (3) In this section— illness means an actual or supposed physical or mental illness. medical document means— (a) a pharmaceutical prescription; or (b) a referral to a medical practitioner; or (c) a birth certificate, death certificate or certificate that life is extinct; or (d) another document that purports to be issued by a medical practitioner or with the authority of a medical practitioner. medical service includes a surgical service, gynaecological or obstetric service, psychiatric service, radiological service, service relating to nuclear medicine or pathology service. 162 Claims by persons as to other persons’ registration (1) A person must not hold out another person as being registered under this Act if the person knows, or ought reasonably to know, the other person is not registered under this Act. Maximum penalty—1000 penalty units. Example — A person carrying on a business providing professional services must not hold out that an employee of the person is registered under this Act if the person knows the employee is not registered under this Act. (2) A person must not hold out another person as being a specialist registrant if the person knows, or ought reasonably to know, the other person is not a specialist registrant. Maximum penalty—1000 penalty units. (3) A person must not hold out another person as being registered under this Act in a particular specialty if the person knows, or

s 163 127 Medical Practitioners Registration Act 2001 s 163 ought reasonably to know, the other person is not registered under this Act in the specialty. Maximum penalty for subsection (3)—1000 penalty units. 163 Restrictions on certain registrants (1) A person who is a special purpose registrant or provisional special purpose registrant must not— (a) claim, or hold himself or herself out, to be a general registrant or provisional general registrant; or (b) allow himself or herself to be held out as being a general registrant or provisional general registrant; or (c) claim, or hold himself or herself out, to be eligible to be a general registrant or provisional general registrant. Maximum penalty—100 penalty units. (2) A registrant who is not a specialist registrant or provisional specialist registrant must not— (a) claim, or hold himself or herself out, to be a specialist registrant or provisional specialist registrant; or (b) allow himself or herself to be held out as being a specialist registrant or provisional specialist registrant; or (c) claim, or hold himself or herself out, to be entitled to be a specialist registrant or provisional specialist registrant. Maximum penalty—100 penalty units. (3) A registrant who is not a specialist registrant, or a provisional specialist registrant, in a specialty must not— (a) claim, or hold himself or herself out, to be a specialist registrant or provisional specialist registrant in the specialty; or (b) allow himself or herself to be held out as being a specialist registrant or provisional specialist registrant in the specialty; or

s 164 128 Medical Practitioners Registration Act 2001 s 164 (c) claim, or hold himself or herself out, to be entitled to be a specialist registrant or provisional specialist registrant in the specialty. Maximum penalty for subsection (3)—100 penalty units. 164 Restrictions on provisional registrants (1) A person who is a provisional general registrant must not— (a) claim, or hold himself or herself out, to be a general registrant; or (b) allow himself or herself to be held out as being a general registrant; or (c) claim, or hold himself or herself out, to be eligible to be a general registrant. Maximum penalty—100 penalty units. (2) A person who is a provisional special purpose registrant must not— (a) claim, or hold himself or herself out, to be a special purpose registrant; or (b) allow himself or herself to be held out as being a special purpose registrant; or (c) claim, or hold himself or herself out, to be eligible to be a special purpose registrant. Maximum penalty—100 penalty units. (3) A person who is a provisional specialist registrant must not— (a) claim, or hold himself or herself out, to be a specialist registrant; or (b) allow himself or herself to be held out as being a specialist registrant; or (c) claim, or hold himself or herself out, to be eligible to be a specialist registrant. Maximum penalty for subsection (3)—100 penalty units.

s 165 129 Medical Practitioners Registration Act 2001 s 166 165 Restrictions on registrants registered on conditions A registrant who is registered on conditions, including, for example, probationary conditions, must not— (a) claim, or hold himself or herself out, to be registered without the conditions or any conditions; or (b) allow himself or herself to be held out as being registered without the conditions or any conditions. Maximum penalty—100 penalty units. Division 2 Reportable misconduct 166 Registrant must give notice about reportable misconduct (1) Subsection (2) applies if, in the practice of the profession, a registrant (the first registrant ) becomes aware, or reasonably suspects, that another registrant (the second registrant ) has engaged in reportable misconduct. (2) The first registrant must, as soon as practicable, give the board a written notice stating the following information— (a) the first registrant’s name and address; (b) the second registrant’s name; (c) details about the following— (i) the nature of the reportable misconduct; (ii) when the reportable misconduct happened, if known by the registrant; (iii) where the reportable misconduct happened, if known by the registrant. Note — A contravention of subsection (2) by a registrant is conduct forming the basis for a ground for disciplinary action against the registrant under the Health Practitioners (Professional Standards) Act 1999 , section 124(1)(f). (3) A notice given to the board under subsection (2) is taken to be a complaint about the second registrant made under the

s 166 130 Medical Practitioners Registration Act 2001 s 166 Health Practitioners (Professional Standards) Act 1999 , part 3. (4) Subsection (2) does not apply if the first registrant knows, or reasonably believes, that a written notice under subsection (2) about the reportable misconduct has already been given to the Board. (5) For subsection (1), the first registrant does not form the relevant suspicion about the second registrant in the practice of the profession if— (a) the first registrant— (i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second registrant; and (ii) forms the relevant suspicion as a result of a disclosure made by a person to the first registrant in the course of legal proceedings or the provision of legal advice arising from the insurance policy; or (b) the first registrant forms the relevant suspicion in the course of providing advice about the reportable misconduct for the purposes of a legal proceeding or the preparation of legal advice; or (c) the first registrant is a lawyer and forms the relevant suspicion in the course of providing legal services to the second registrant in relation to a legal proceeding or the preparation of legal advice in which the reportable misconduct is an issue. (6) In this section— forms the relevant suspicion , about the second registrant, means becomes aware, or reasonably suspects, that the second registrant has engaged in reportable misconduct. harm , to a person, means any detrimental effect on the person’s physical or psychological wellbeing. reportable misconduct , by a registrant, means— (a) conduct relating to the practice of the profession that would reasonably be considered to be sexual misconduct; or

s 168 131 Medical Practitioners Registration Act 2001 s 168 (b) practice of the profession while intoxicated by a drug or alcohol; or (c) practice of the profession— (i) while affected by a physical or mental impairment, or other health condition, other than intoxication by a drug or alcohol; and (ii) that causes, or is likely to cause, significant harm to a person receiving professional services from the registrant practising the profession; or (d) practice of the profession— (i) in a way that significantly departs from accepted standards of the profession; and (ii) that causes, or is likely to cause, harm to a person receiving professional services from the registrant practising the profession. Division 3 Advertising 168 Obligations of advertisers (1) A person must not advertise a professional service, or a business providing professional services, in a way that— (a) is false, misleading or deceptive or is likely to be misleading or deceptive; or Example for paragraph (a) — an advertisement that contains a false claim about the beneficial outcome of a professional service (b) offers a discount, gift or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms of the offer; or (c) refers to, uses or cites actual or purported endorsements or testimonials about the service or business, or a registrant; or (d) is disparaging of—

s 169 132 Medical Practitioners Registration Act 2001 s 169 (i) a professional service provided by another person; or (ii) a business providing professional services; or (iii) a registrant. Maximum penalty—200 penalty units. (2) A person must not advertise a professional service that the person knows or ought reasonably to know will, or is likely to, harm a person to whom it is provided. Maximum penalty—200 penalty units. (3) A person must not advertise a registrant’s expertise in a field of practice of the profession unless the registrant has the skills, knowledge, training or qualifications necessary to practise in the field. Maximum penalty—200 penalty units. (4) A printer or publisher does not commit an offence against subsection (1), (2) or (3) merely by, as part of his or her business, printing or publishing an advertisement for another person. 169 Information to appear in advertisements (1) A person must not advertise a professional service, or a business providing professional services, unless— (a) if a registrant provides the service, or carries on the business, under a business name that is the registrant’s own name—the registrant’s name is stated in the advertisement; or (b) otherwise—the business name of the business (whether or not the name is registered under the Business Names Act 1962 ) is stated in the advertisement. Maximum penalty—50 penalty units. (2) A printer or publisher does not commit an offence against subsection (1) merely by, as part of his or her business, printing or publishing an advertisement for another person.

s 170 133 Medical Practitioners Registration Act 2001 s 171 Division 4 Registrants’ autonomy 170 Aiding, abetting etc. conduct that is a ground for disciplinary action (1) A person must not aid, abet, counsel, procure or induce a registrant to engage in conduct that the person is aware, or ought reasonably be aware, is conduct forming the basis for a ground for disciplinary action against a registrant mentioned in the Health Practitioners (Professional Standards) Act 1999 , section 124(1). Maximum penalty—1000 penalty units. (2) To remove doubt, it is declared that a registrant may be induced by threats or promises. Division 5 Court orders and injunctions 171 Persons may be prohibited from supplying health services etc. (1) This section applies if a person is convicted of an offence against section 157, 158, 159, 161, 162, 168(1)(a), (2) or (3), 170(1) or 174. (2) The court sentencing the person for the offence may, on its own initiative or the application of the prosecutor, make an order under subsection (3) or (5). (3) The court may make an order, applying for a period decided by the court— (a) prohibiting the person from providing, or carrying on or managing a business providing, a health service; or (b) prohibiting the person from having a financial interest in a business providing a health service; or (c) if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from managing a corporation that carries on a business providing a health service.

s 172 134 Medical Practitioners Registration Act 2001 s 172 (4) For subsection (3)(c), a person manages a corporation if the person is a director, or is in any way concerned in or takes part in the management of, the corporation. (5) Also, the court may make an order, applying for a period decided by the court— (a) prohibiting the person from entering into commercial arrangements with a person who provides, carries on or manages a business providing, a health service; or (b) if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from entering into commercial arrangements with a person who provides, carries on or manages a business providing, a health service. (6) An order under subsection (3) or (5) may apply generally or be limited in its application by reference to specified conditions, exceptions or factors. (7) A reference in subsection (5) to a person entering into commercial arrangements includes the entering into commercial arrangements on behalf of another person. (8) A person must not contravene an order under subsection (3) or (5). Maximum penalty for subsection (8)—1000 penalty units. 172 Injunctions (1) This section applies if— (a) a person (the offending party )— (i) has engaged, is engaging or is proposing to engage in conduct; or (ii) has failed, is failing or is proposing to fail to do anything; and (b) the conduct or failure constituted, constitutes or would constitute a contravention of section 157, 158, 159, 161, 162, 168(1)(a), (2) or (3) or 170(1).

s 172 135 Medical Practitioners Registration Act 2001 s 172 (2) Application may be made to the court under this section for an injunction in relation to the conduct or failure. (3) The application may be made by the board or a person authorised in writing by the board. (4) The court may grant an interim injunction under this section until the application is finally decided. (5) On considering the application for the injunction, the court may— (a) in a case to which subsection (1)(a)(i) applies—grant an injunction restraining the offending party from engaging in the conduct concerned and, if in the court’s opinion it is desirable to do so, requiring the offending party to do anything; or (b) in a case to which subsection (1)(a)(ii) applies—grant an injunction requiring the offending party to do the thing concerned. (6) The court may grant the injunction— (a) if the court is satisfied that the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1), whether or not it appears to the court that the offending party intends— (i) to engage again, or continue to engage, in the conduct; or (ii) to again fail, or continue to fail, to do the thing; or (b) if it appears to the court that, if the injunction is not granted, it is likely that the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1), whether or not the offending party has previously engaged in the conduct or failed to do the thing. (7) The court may grant the injunction on the terms the court considers appropriate. (8) Also, the court may grant an injunction requiring the offending party to take stated action (including action to disclose information or publish advertisements) to remedy any adverse effects of the offending party’s conduct or failure.

s 173 136 Medical Practitioners Registration Act 2001 s 173 (9) The court may discharge an injunction granted under this section at any time. (10) The powers conferred on the court by this section are in addition to, and do not limit, any other powers of the court. (11) In this section— court means— (a) if proceedings for an offence relating to the conduct or failure are pending in a Magistrates Court—the Magistrates Court; or (b) in any case—the District Court. Division 6 Reprisals 173 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— (a) anybody has given, or may give, information or assistance to the board or an inspector about a person’s alleged contravention of division 1, division 2 or section 168(1)(a), (2) or (3) or 170(1); or (b) anybody has given, or may give, evidence to the court in proceedings for an offence against division 1, division 2 or section 168(1)(a), (2) or (3) or 170(1). (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 mentioned in subsection (3) 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.

s 174 137 Medical Practitioners Registration Act 2001 s 176 174 Offence for taking reprisal A person who takes a reprisal commits an offence. Maximum penalty—167 penalty units or 2 years imprisonment. 175 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 7 Other provisions 176 Protection for registrants providing information about indictable offences to police officers (1) This section applies to a registrant who obtains information, while acting in the registrant’s professional capacity, that the registrant honestly and reasonably believes indicates an indictable offence has taken place. (2) The registrant is not liable, civilly, criminally or under an administrative process, for giving the information about the indictable offence or the circumstances of the indictable offence to a police officer. (3) Without limiting subsection (2)— (a) in a proceeding for defamation the registrant has a defence of absolute privilege for publishing the information; and (b) if the registrant would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice, the registrant— (i) does not contravene the Act, oath, rule of law or practice by giving the information; and

s 177 138 Medical Practitioners Registration Act 2001 s 178 (ii) is not liable to disciplinary action for giving the information. 177 Payment, or acceptance of payment, for referrals prohibited (1) This section applies to a registrant, or a person carrying on a business providing professional services, (the service provider ). (2) The service provider must not, directly or indirectly, pay an amount or give another benefit, or attempt to pay an amount or give another benefit, to a person in return for the person referring another person to the service provider or service provider’s business. Maximum penalty—200 penalty units. (3) The service provider must not, directly or indirectly, accept payment or another benefit for referring a user of the professional services provided by the service provider, or service provider’s business, to a person providing, or carrying on a business providing, a health service. Maximum penalty for subsection (3)—200 penalty units. Part 5 Intern training programs and intern training secondment programs Division 1 Preliminary 178 Definition for pt 5 In this part— program means all or part of— (a) an intern training program; or (b) an intern training secondment program.

s 179 139 Medical Practitioners Registration Act 2001 s 180 Division 2 Accreditation of a program 179 Application for accreditation (1) A person may apply to the board for accreditation of a program. (2) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the fee prescribed under a regulation; and (ii) any other documents, identified in the approved form, the board reasonably requires. (3) Information in the application must, if the approved form requires, be verified by a statutory declaration. 180 Criteria for applications (1) The board may grant the application only if it is satisfied the standard of postgraduate medical education offered by the program is sufficient to enable interns who undertake the program to gain the skills and knowledge in clinical medical practice necessary to competently and safely practise the profession. (2) In deciding the application, the board may have regard to the following— (a) the structure and content of the program; (b) the nature of the assessment, and supervision, of interns by clinical teaching staff to take place under the program; (c) the intern training facilities that will be available under the program; (d) the advice and recommendations of a body recognised by the board as competent to assess standards of postgraduate medical education.

s 180A 140 Medical Practitioners Registration Act 2001 s 181 180A Protection from liability (1) This section applies if a body, honestly and on reasonable grounds, gives advice, or makes a recommendation, to the board under section 180(2)(d). (2) A discloser is not liable, civilly, criminally or under an administrative process, for disclosing information contained in the advice or recommendation. (3) Without limiting subsection (2)— (a) in a proceeding for defamation, the discloser has a defence of absolute privilege for publishing the disclosed information; and (b) if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act or oath, or a rule of law or practice, the discloser— (i) does not contravene the Act, oath, or rule of law or practice by disclosing the information; and (ii) is not liable to disciplinary action for disclosing the information. (4) In this section— discloser means any of the following— (a) a body that gives advice, or makes a recommendation, under section 180(2)(d); (b) all the members of that body; (c) each of the members of that body. 181 Inquiries into applications (1) Before deciding the application, the board may by notice given to the applicant, require the applicant to give the board, within a reasonable period of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application. (2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.

s 182 141 Medical Practitioners Registration Act 2001 s 184 (3) A notice under subsection (1) must be given to the applicant within 60 days after the board receives the application. 182 Decision (1) The board must consider the application and decide to accredit, or refuse to accredit, the program. (2) If it decides to accredit the program, the board must as soon as practicable issue an accreditation certificate for the program to the applicant. (3) If it decides to refuse to accredit the program or to accredit only part of the program applied for, the board must as soon as practicable give the applicant an information notice about the decision. 183 Failure to decide applications (1) Subject to subsections (2) and (3), if the board fails to decide the application within 60 days after its receipt, the failure is taken to be a decision by the board to refuse to accredit the program. (2) Subsection (3) applies if— (a) an applicant has made an application for accreditation of a program; and (b) the board has, under section 181(1), required the applicant to give the board further information or a document. (3) The board is taken to have decided to refuse to accredit the program if the board does not decide the application by the day that is 60 days after the board receives the further information or document. 184 Accreditation certificate (1) An accreditation certificate for a program must be in the approved form. (2) The approved form must provide for the inclusion of the following—

s 185 142 Medical Practitioners Registration Act 2001 s 187 (a) the program to which the certificate relates; (b) the name of the holder of the accreditation certificate for the program; (c) the period of accreditation; (d) details of the name and address of the hospital at which the program is based. 185 Period The period of accreditation that is to apply to a program is the period, not more than 4 years, stated in the accreditation certificate for the program. Division 3 Renewal of accreditation 186 Applications for renewal (1) The holder of an accreditation certificate for a program may apply to the board for the renewal of the accreditation within the period starting 60 days before the period of the accreditation ends. (2) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the fee prescribed under a regulation; and (ii) any other documents, identified in the approved form, the board reasonably requires. 187 Inquiries into applications (1) Before deciding the application, the board may, by notice given to the applicant, require the applicant to give the board, within a reasonable period of at least 30 days stated in the notice, further information or a document the board reasonably considers is needed to decide the application.

s 188 143 Medical Practitioners Registration Act 2001 s 189 (2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement. 188 Accreditation taken to be in force while application is considered (1) If an application is made under section 186, the accreditation is taken to continue in force from the day that it would, apart from this section, have expired until the application is decided under section 189 or taken to have been withdrawn under section 187(2). (2) However, if the application is refused, the accreditation continues in force until the information notice for the decision is given to the applicant. (3) Subsection (1) does not apply if the accreditation is earlier cancelled. 189 Decision (1) The board must consider the application and renew, or refuse to renew, the accreditation. (2) In making its decision, the board may have regard to the matters to which the board may have regard in deciding whether to accredit a program. 18 (3) If it decides to refuse to renew the accreditation, the board must as soon as practicable give the applicant an information notice about the decision. (4) If it decides to renew the accreditation, it must as soon as practicable— (a) endorse the existing accreditation certificate for the program; or (b) cancel the existing certificate and issue another accreditation certificate for the program. (5) If it decides to renew only part of the accreditation applied for, it must as soon as practicable— 18 See section 180 for a list of the matters.

s 190 144 Medical Practitioners Registration Act 2001 s 191 (a) give the applicant an information notice about the decision; and (b) either— (i) endorse the existing accreditation certificate for the program; or (ii) cancel the existing certificate and issue another accreditation certificate for the program. Division 4 Cancellation of accreditation 190 Ground for cancellation (1) The accreditation for a program may be cancelled, under this division, on the ground that it is no longer appropriate for the program to continue to be accredited. (2) For forming a belief that the ground exists, the board may have regard to the matters to which the board may have regard in deciding whether to accredit a program. 19 191 Show cause notice (1) If the board believes the ground exists to cancel the accreditation for a program, the board must before taking action to cancel the accreditation give the holder of the accreditation certificate for the program a notice (a show cause notice ). (2) The show cause notice must state the following— (a) that the board proposes to cancel the accreditation under this division; (b) the ground for the proposed cancellation; (c) an outline of the facts and circumstances forming the basis for the ground; 19 See section 180 for a list of the matters.

s 192 145 Medical Practitioners Registration Act 2001 s 194 (d) an invitation to the holder to show within a stated period (the show cause period ) why the board should not cancel the accreditation. (3) The show cause period must be a period ending not less than 30 days after the show cause notice is given to the holder. 192 Representations about show cause notices (1) The holder of the accreditation certificate may make written representations about the show cause notice to the board in the show cause period. (2) The board must consider all written representations made under subsection (1). 193 Ending show cause process without further action (1) This section applies if, after considering the representations for the show cause notice, the board no longer believes the ground exists to cancel the accreditation. (2) The board must not take any further action about the show cause notice. (3) Notice that no further action is to be taken about the show cause notice must be given to the holder of the accreditation certificate by the board. 194 Cancellation (1) This section applies if, after considering the representations for the show cause notice, the board— (a) still believes the ground exists to cancel the accreditation; and (b) believes cancellation of the accreditation is warranted. (2) This section also applies if there are no representations under section 192(1) for the show cause notice. (3) The board may decide to cancel the accreditation.

s 195 146 Medical Practitioners Registration Act 2001 s 196 (4) The board must as soon as practicable give an information notice about the decision to the holder of the accreditation certificate. (5) The decision takes effect on— (a) the day the information notice is given to the holder; or (b) if a later day of effect is stated in the information notice, the later day. 195 Return of accreditation certificate to board (1) This section applies if the board has cancelled all or part of the accreditation for a program and given an information notice for the decision to the holder of the accreditation certificate. (2) The holder must return the accreditation certificate for the program to the board within 14 days after receiving the information notice, unless the holder has a reasonable excuse. Maximum penalty for subsection (2)—10 penalty units. (3) If the board has cancelled part of the accreditation for a program, the board must issue to the holder another accreditation certificate for any part of the accreditation that is not cancelled. Division 5 General provisions about accreditation 196 Surrender of accreditation (1) The holder of the accreditation certificate for a program may surrender the accreditation by notice given to the board. (2) The surrender takes effect— (a) on the day the notice is given to the board; or (b) if a later day of effect is stated in the notice, on the later day. (3) The holder must return the accreditation certificate for the program to the board within 14 days after the day the

s 197 147 Medical Practitioners Registration Act 2001 s 199 surrender takes effect, unless the holder has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 197 Replacement of accreditation certificates (1) The holder of the accreditation certificate for a program may apply to the board for the replacement of the certificate if it has been lost, stolen, destroyed or damaged. (2) The board must consider the application and either grant, or refuse to grant, the application. (3) The board must grant the application if the board is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement. (4) If the board grants the application, the board must, on payment of the fee prescribed under a regulation, issue another certificate to the applicant to replace the lost, stolen, destroyed or damaged certificate. (5) If the board refuses to grant the application, the board must as soon as practicable give the applicant an information notice about the decision. Part 6 Investigation and enforcement Division 1 Inspectors 198 Functions of inspectors An inspector has the function of conducting investigations and inspections to enforce compliance with this Act. 199 Powers of inspectors For this Act, an inspector has the powers given to the person under this Act.

s 200 148 Medical Practitioners Registration Act 2001 s 202 200 Limitation on powers of inspectors The powers of an inspector may be limited under a condition of appointment. Division 2 Appointment of inspectors and other matters 201 Appointments The board may appoint the following persons as an inspector— (a) a member; (b) the executive officer; (c) if the executive officer has agreed to the appointment, 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. 202 Appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. (2) An inspector ceases holding office— (a) if the appointment provides for a term of appointment—at the end of the term; or (b) if the conditions of appointment provide—on ceasing to hold another office (the main office ) stated in the appointment conditions. (3) An inspector may resign by signed notice of resignation given to the board. (4) However, an inspector may not resign from the office of inspector (the secondary office ) if a condition of the inspector’s employment to the main office requires the inspector to hold the secondary office.

s 203 149 Medical Practitioners Registration Act 2001 s 205 203 Identity cards (1) The board must give an identity card to each inspector. (2) 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 for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other Acts. 204 Failure to return identity card A person who ceases to be an inspector must return the person’s identity card to the chairperson within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. 205 Production or 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— (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.

s 206 150 Medical Practitioners Registration Act 2001 s 207 Division 3 Powers of inspectors Subdivision 1 Entry of places 206 Power to enter places (1) An inspector may enter a place if— (a) its occupier consents to the entry; or (b) it is a public place and the entry is made when the place is open to the public; or (c) the entry is authorised by a warrant. (2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. Subdivision 2 Procedure for entry 207 Entry with consent (1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 206(1)(a). (2) Before asking for the consent, the inspector 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 inspector may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state—

s 208 151 Medical Practitioners Registration Act 2001 s 208 (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 inspector consent to enter the place and exercise powers under this part; and (d) the time and date the consent was given. (5) If the occupier signs the acknowledgment, the inspector must immediately give a copy to the occupier. (6) A court must find the occupier of a place did not consent to an inspector entering the place under this part if— (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 206(1)(a); and (b) an acknowledgment mentioned in subsection (4) 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. 208 Application for warrant (1) An inspector 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 inspector 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.

s 209 152 Medical Practitioners Registration Act 2001 s 210 209 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 of an offence against this Act; and (b) the evidence is at the place, or may be at the place within the next 7 days. (2) The warrant must state— (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this part; and (b) the offence 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. 210 Special warrants (1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector’s remote location. (2) Before applying for the special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the special warrant before the application is sworn.

s 210 153 Medical Practitioners Registration Act 2001 s 210 (4) After issuing the special warrant, the magistrate must immediately fax a copy (the facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the inspector— (a) the magistrate must tell the inspector— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant was issued; and (b) the inspector 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 special warrant; and (iii) the terms of the special warrant. (6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the special warrant issued. (7) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the inspector 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 must find the exercise of the power by an inspector was not authorised by a special warrant if— (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1); and (b) the special warrant is not produced in evidence; and

s 211 154 Medical Practitioners Registration Act 2001 s 212 (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant. 211 Warrants—procedure before entry (1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant. (2) Before entering the place, the inspector 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 a copy of the inspector’s identity card or other document evidencing the inspector’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 210(6), a copy of the facsimile warrant or warrant form; (c) tell the person the inspector is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the inspector immediate entry to the place without using force. (3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Subdivision 3 Powers after entry 212 General powers after entering places (1) This section applies to an inspector who enters a place. (2) However, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.

s 213 155 Medical Practitioners Registration Act 2001 s 213 (3) For enforcing compliance with this Act, the inspector may— (a) search any part of the place; or (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or (c) take a thing, or a sample of or from a thing, for analysis or testing; or (d) take an extract from, or copy, a document at the place; or (e) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this part; or (f) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (e); or (g) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with. (4) When making a requirement mentioned in subsection (3)(f) or (g), the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 213 Failure to help inspector (1) A person required to give reasonable help under section 212(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 212(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.

s 214 156 Medical Practitioners Registration Act 2001 s 216 214 Failure to give information (1) A person of whom a requirement is made under section 212(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 4 Power to seize evidence 215 Seizing evidence at a place that may be entered without consent or warrant An inspector who enters a place that may be entered under this division without the consent of the occupier and without a warrant, may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act. 216 Seizing evidence at a place that may only be entered with consent or warrant (1) This section applies if— (a) an inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and (b) the inspector enters the place after obtaining the necessary consent or warrant. (2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.

s 217 157 Medical Practitioners Registration Act 2001 s 219 (3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued. (4) The inspector also may seize anything else at the place if the inspector reasonably believes— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence. (5) Also, the inspector may seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act. 217 Securing seized things Having seized a thing, an inspector 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 the entrance to show access to the room is restricted 218 Tampering with seized things If an inspector 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 an inspector’s approval. Maximum penalty—100 penalty units. 219 Powers to support seizure (1) To enable a thing to be seized, an inspector may require the person in control of it—

s 220 158 Medical Practitioners Registration Act 2001 s 221 (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 notice in the approved form; or (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable. (3) A further requirement may be made under this section about the same 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. 220 Receipts for seized things (1) As soon as practicable after an inspector seizes a thing, the inspector 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 inspector 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 each 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. 221 Forfeiture of seized things (1) A seized thing is forfeited to the State if the inspector who seized the thing—

s 221 159 Medical Practitioners Registration Act 2001 s 221 (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts; or (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. (2) In applying subsection (1)— (a) subsection (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and (b) subsection (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (3) If the inspector makes a decision under subsection (1)(c), resulting in the seized thing being forfeited to the State, the inspector must immediately give the owner an information notice for the decision. (4) Subsection (3) does not apply if— (a) the inspector can not find the owner, after making reasonable inquiries; or (b) it is impracticable or would be unreasonable to give the information notice. (5) Regard must be had to a thing’s nature, condition and value— (a) in deciding— (i) whether it is reasonable to make inquiries or efforts; and (ii) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable; or (b) in deciding whether it would be unreasonable to give the information notice.

s 222 160 Medical Practitioners Registration Act 2001 s 224 222 Forfeiture on conviction (1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— (a) anything used to commit the offence; or (b) anything else the subject of the offence. (2) The court may make the order— (a) whether or not the thing has been seized; and (b) if the thing has been seized, whether or not the thing has been returned to its owner. (3) The court may make any order to enforce the forfeiture it considers appropriate. (4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. 223 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. (3) Despite subsection (1), the executive officer must not deal with the thing in a way that could prejudice the outcome of— (a) a review by QCAT under section 237(1); or (b) an appeal, relevant to the thing, of which the executive officer is aware. 224 Return of seized things (1) If a seized thing has not been forfeited, the inspector must return it to its owner— (a) at the end of 6 months; or (b) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.

s 225 161 Medical Practitioners Registration Act 2001 s 226 (2) Despite subsection (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary. 225 Access to seized things (1) Until a seized thing is forfeited or returned, an inspector 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 5 Power to obtain information 226 Power to require name and address (1) This section applies if— (a) an inspector finds a person committing an offence against this Act; or (b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act. (2) The inspector may require the person to state the person’s name and residential address. (3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. (4) The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false. (5) A requirement under subsection (2) or (4) is called a personal details requirement .

s 227 162 Medical Practitioners Registration Act 2001 s 229 227 Failure to give name or address (1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) A person does not commit an offence against subsection (1) if— (a) the person was required to state the person’s name and residential address by an inspector who suspected the person had committed an offence against this Act; and (b) the person is not proved to have committed the offence. 228 Power to require production of documents (1) An inspector may require a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a reasonable time and place nominated by the inspector a document issued to the person under this Act. (2) The inspector may keep the document to copy it. (3) The inspector must return the document to the person as soon as practicable after copying it. (4) While the document is in the inspector’s possession, the inspector must allow it to be inspected or copied, at a reasonable time, by a person who would be entitled to inspect or copy it were it not in the inspector’s possession. (5) A requirement under subsection (1) is called a document production requirement . 229 Failure to produce document (1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) It is not a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the individual.

s 230 163 Medical Practitioners Registration Act 2001 s 231 230 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 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—50 penalty units. (4) For this section, it is a reasonable excuse for an individual to fail to give information that giving the information might tend to incriminate the individual. Division 4 General enforcement matters 231 Notice of damage (1) This section applies if— (a) an inspector damages property when exercising or purporting to exercise a power; or (b) a person (the other person ) acting under the direction of an inspector damages property. (2) The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property. (3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector’s or other person’s control, the inspector may state the belief in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

s 232 164 Medical Practitioners Registration Act 2001 s 233 (5) This section does not apply to damage the inspector reasonably believes is trivial. (6) In this section— owner , of property, includes the person in possession or control of it. 232 Compensation (1) A person may claim from the board the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under any of the following subdivisions of division 3— • subdivision 1 (Entry of places) • subdivision 3 (Powers after entry) • subdivision 4 (Power to seize evidence). (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— (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or (b) for an offence against this Act brought against the person claiming compensation. (4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. 233 False or misleading information A person must not give information to an inspector the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.

s 234 165 Medical Practitioners Registration Act 2001 s 236 234 False or misleading documents (1) A person must not give an inspector 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 if the person, when giving the document— (a) tells the inspector, to the best of the person’s ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information, gives the correct information. 235 Obstructing inspectors (1) A person must not obstruct an inspector 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 inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and (b) the inspector considers the person’s conduct is an obstruction. (3) In this section— obstruct includes hinder and attempt to obstruct or hinder. 236 Impersonation of inspectors A person must not pretend to be an inspector. Maximum penalty—50 penalty units.

s 237 166 Medical Practitioners Registration Act 2001 s 242 Part 7 Reviews by QCAT 237 Who may apply for a review (1) A person who is given, or is entitled to be given, an information notice for a decision (the original decision ) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. (2) To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act. 238 Particular matters relating to powers of QCAT (1) If on the review of an original decision QCAT decides to impose conditions on a registration, QCAT must— (a) state the reasons for the decision; and (b) for a decision to impose conditions that may be reviewed under part 3, division 8, decide and state the review period applying to the conditions. (2) If QCAT decides to impose conditions on a registration because of the registrant’s mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (3) QCAT must decide not to record details of the conditions mentioned in subsection (2) 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. Part 8 Legal proceedings Division 1 Evidence 242 Application of division This division applies to a proceeding under this Act.

s 243 167 Medical Practitioners Registration Act 2001 s 245 243 Appointments and authority It is not necessary to prove— (a) an inspector’s, or member’s, appointment; or (b) the executive officer’s appointment; or (c) the authority of an inspector, a member, the executive officer or a member of the office’s staff to do anything under this Act. 244 Signatures A signature purporting to be the signature of the Minister, the chairperson, a member, an inspector, the executive officer or a member of the office’s staff is evidence of the signature it purports to be. 245 Evidentiary provisions 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 one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a certificate of registration; (iv) a record, or an extract from a record; (v) the register, or an extract from the register; (b) a stated document is another document kept under this Act; (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b); (d) on a stated day, or during a stated period, a stated person was or was not a registrant; (e) on a stated day, or during a stated period, a registration—

s 246 168 Medical Practitioners Registration Act 2001 s 247 (i) was or was not in force; or (ii) was or was not subject to a stated condition; (f) on a stated day, a registration was cancelled; (g) on a stated day, or during a stated period, an appointment as an inspector was, or was not, in force for a stated person; (h) on a stated day, a stated person was given a stated notice or direction under this Act; (i) on a stated day, a stated requirement was made of a stated person. Division 2 Proceedings 246 Indictable and summary offences (1) An offence against section 161(2), 174 or 273(3) or (5) is an indictable offence. (2) Any other offence against this Act is a summary offence. 247 Proceedings for indictable offences (1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— (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

s 248 169 Medical Practitioners Registration Act 2001 s 250 (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). 248 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 . 249 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. 250 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

s 251 170 Medical Practitioners Registration Act 2001 s 252 misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’. 251 Penalties to be paid to board All penalties recovered as a result of proceedings for offences against this Act brought by the board must be ordered to be paid to the board. 252 Responsibility for acts or omissions of representatives (1) This section applies in a proceeding for an offence against this Act. (2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission. (4) In this section— representative means— (a) for a corporation—an executive officer, employee or agent of the corporation; or (b) for an individual—an employee or agent of the individual. state of mind of a person includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose.

s 253 171 Medical Practitioners Registration Act 2001 s 254 253 Executive officers must ensure corporation complies with Act (1) The executive officers of a corporation must ensure the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision. (4) However, it is a defence for an executive officer to prove— (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence, the officer exercised reasonable diligence to ensure the corporation complied with the provision; or (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence. Part 9 Register, records and information Division 1 Register 254 Register to be kept (1) The board must keep a register about registrants. (2) The register may be kept in the way the board considers appropriate, including, for example, in an electronic form. (3) The register must contain the following details for each registrant—

s 254 172 Medical Practitioners Registration Act 2001 s 254 (a) the registrant’s name; (b) an address of the registrant notified by the registrant to the board; (c) whether the registrant is a general registrant, provisional general registrant, non-practising registrant, special purpose registrant, provisional special purpose registrant, specialist registrant or provisional specialist registrant; (d) any qualification relied on by the registrant to obtain registration; (e) if the registrant is a specialist registrant or provisional specialist registrant, the specialty in which the registrant is registered; (f) if the registrant is a special purpose registrant or provisional special purpose registrant— (i) details of the special purpose for which the registrant is registered; and (ii) for a special purpose that involves the practice of a specialty, details of the specialty; (g) if conditions, including, for example, probationary conditions are imposed under this Act on the registrant’s registration— (i) for conditions imposed because of the registrant’s mental and physical health, the details of which it has been decided under this Act not to record in the register—the fact that conditions have been imposed; or (ii) otherwise—details of the conditions; (h) any other information required to be recorded in the register under the Health Practitioners (Professional Standards) Act 1999 ; (i) other details prescribed under a regulation. (4) Subsection (3)(g) does not apply to a non-practising registrant. (5) For subsection (3)(g), the fact or details must be recorded in the register for the period the conditions are in force.

s 255 173 Medical Practitioners Registration Act 2001 s 256 255 Inspection of register (1) The board must— (a) keep the register open for inspection, free of charge, at the office by members of the public during ordinary office hours; and (b) give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation. (2) Subsection (1) does not apply to details of the residential address of a registrant, unless the registrant gives notice to the board that he or she agrees to the details being able to be inspected. Division 2 Records to be kept 256 Records (1) The board must keep records of the following details about each registrant or former registrant— (a) if the registration was affected under the Health Practitioners (Professional Standards) Act 1999 , details of the way it was affected and the reason for it being affected; (b) if the registration was cancelled under this Act, the fact of, and the reason for, the cancellation; (c) if conditions were, under this Act, imposed on the registration, details of the conditions and the reasons for their imposition; (d) other details prescribed under a regulation. (2) Subsection (1)(c) does not apply to the condition of non-practising registration mentioned in section 150H. (3) The records must be kept for at least 10 years.

s 257 174 Medical Practitioners Registration Act 2001 s 257 Division 3 Information 257 Confidentiality of information (1) This section applies to a person (the relevant person ) who is or was— (a) a member; or (b) a member of a committee; or (c) appointed by the board to conduct a health assessment of another person; or (d) an inspector; or (e) the executive officer or a member of the office’s staff; or (f) otherwise involved in the administration of this Act. (2) This section applies to information about a person obtained by the relevant person in the course of performing the relevant person’s functions under this Act. (3) The relevant person must not disclose the information to anyone else. Maximum penalty—100 penalty units. (4) However, the relevant person may disclose the information to someone else— (a) to the extent necessary to perform the relevant person’s functions under or relating to this Act or the Health Practitioners (Professional Standards) Act 1999 ; or (b) if the disclosure is authorised under this or another Act; or (c) if the disclosure is otherwise required or permitted by law; or (d) if the person to whom the information relates agrees to the disclosure; or (e) if the disclosure is in a form that does not disclose the identity of a person; or

s 258 175 Medical Practitioners Registration Act 2001 s 258 (f) if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the register; or (g) if the disclosure is to a foreign regulatory authority and the disclosure is necessary for the authority to perform its functions; or (h) if the disclosure is to the Minister to allow the Minister to act under paragraph (i); or (i) if the Minister considers the disclosure is in the public interest and authorises the relevant person to disclose the information. (5) If the Minister authorises information to be disclosed under subsection (4)(i) about a matter concerning a registrant, the Minister must inform the board of the authorisation and its purpose. (6) In this section— information , about a person, means— (a) information about the person’s health that identifies, or is likely to identify, the person; or (b) information about the person’s criminal history obtained under this Act. 258 Board’s annual report must disclose authorisation (1) This section applies if the board is given information, under section 257(5), in a financial year about an authorisation. (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.

s 259 176 Medical Practitioners Registration Act 2001 s 261 Part 10 Miscellaneous Division 1 Abandoned, and other, health records 259 Definitions for div 1 In this division— health records means documents, recording the health history, condition and treatment of users of the professional services provided by a person, made in the course of the person’s practice of the profession. possess , a health record, includes having the record under control in any place, whether or not another person has custody of the record. 260 Board may take possession of abandoned health records (1) This section applies if the board suspects on reasonable grounds that health records have been abandoned. (2) The board may take and keep possession of the records to be dealt with under this division. (3) For taking possession of the records, the board may give notice to the occupier of the place where the records are situated to deliver the records to the board to be dealt with under this division. (4) The notice must state that the requirement must be complied with within a period of 14 days after the occupier receives the notice. (5) The occupier must comply with the requirement within the stated period, unless the occupier has a reasonable excuse. Maximum penalty for subsection (5)—50 penalty units. 261 Health records forming part of deceased estate (1) This section applies if health records form part of a deceased estate.

s 262 177 Medical Practitioners Registration Act 2001 s 264 (2) The personal representative of the deceased person concerned may deliver the records into the possession of the board to be dealt with under this division. 262 Health records of persons convicted of an offence against s 157(1) or (6), 158 or 161 (1) This section applies to a person who is convicted of an offence against section 157(1) or (6), 158(1) or 161. (2) The board may give the person notice to deliver health records in the possession or control of the person into the possession of the board to be dealt with under this division. (3) The person must within 14 days after receiving the notice deliver the records into the possession of the board. Maximum penalty—50 penalty units. (4) If the person does not comply with the notice, the board may take and keep possession of the records. 263 Dealing with certain health records seized under s 215 or 216 (1) This section applies if, under section 215 or 216, an inspector seizes health records that the board may take and keep possession of under section 260 or 262. (2) The inspector must deliver the health records into the possession of the board to be dealt with under this division. (3) Sections 221, 224 and 225 do not apply to health records delivered to the board under subsection (2). 264 How board may deal with health records (1) This section applies if the board takes possession of a health record under this division. (2) The board may— (a) give the record to the person to whom the record relates; or

s 265 178 Medical Practitioners Registration Act 2001 s 266 (b) if directed by the person, give the record to a registrant under a health practitioner registration Act, other than a non-practising registrant, chosen by the person; or (c) if the board can not find the person after making reasonable inquiries, keep the record; or (d) if the board can not find the person, after making reasonable inquiries, and decides it is no longer necessary to keep the record, destroy the record. (3) To remove doubt, it is declared that the board is taken to be keeping a health record if another body stores the record on its behalf. 265 Destruction of health records (1) This section applies if the board destroys a health record under section 264(2)(d). (2) Compensation is not recoverable against the board because of the destruction of the record. Division 2 Continuing professional education of registrants 266 Continuing professional education programs (1) The board may develop or recognise a program for the continuing professional education of registrants. (2) The board must give notice to all registrants, to whom the program is relevant, of details of the program. (3) The program may state the minimum continuing professional education requirements a registrant needs to satisfy, in a stated period, to keep up-to-date with developments in the practice of the profession. (4) A registrant who has satisfied the requirements in the stated period may advertise this fact.

s 267 179 Medical Practitioners Registration Act 2001 s 267 (5) A registrant who has not satisfied the requirements in the stated period must not advertise that the registrant has satisfied the requirements. Maximum penalty for subsection (5)—50 penalty units. Division 3 Declared events 267 Definitions for div 3 In this division— declaration period see section 268(3). declared event means an event declared to be a declared event under section 268(1). interstate law means a law of another State that provides for the same matter as this Act. local practitioner means a person registered under this Act. participant means a person who is officially participating in, or preparing for, a declared event. prepare includes the following— (a) train; (b) practise; (c) rehearse; (d) acclimatise. visiting practitioner , in relation to a declared event, means a person who— (a) is not a local practitioner; and (b) is registered under an interstate law; and (c) is appointed, employed, contracted or otherwise engaged to provide professional services to a participant in relation to the event.

s 268 180 Medical Practitioners Registration Act 2001 s 269 268 Declaration of events (1) The Minister may, by notice, declare a sporting, cultural or other event to be a declared event for this Act. (2) The notice must be for an event taking place, or to take place, in the State that will or is likely to attract a significant number of participants. (3) The notice must state a period during which the declaration is to remain in force (the declaration period ). (4) The declaration period for the declared event may include a period before or after the declared event takes place. (5) The notice is subordinate legislation. 269 Deemed general or specialist registration of visiting practitioners (1) This section applies to a visiting practitioner in relation to a declared event. (2) During the declaration period for the event, the visiting practitioner is taken to be the following kind of registrant in relation to the provision of professional services to a participant in the event— (a) if the practitioner’s registration under the interstate law is equivalent to general registration under this Act—a general registrant; (b) if the practitioner’s registration under the interstate law is equivalent to specialist registration under this Act in a specialty—a specialist registrant in the specialty. (3) The practitioner’s deemed general or specialist registration under subsection (2) is taken to be subject to any conditions of the practitioner’s relevant registration under an interstate law. (4) Part 3, divisions 4 to 9 and 11 do not apply to the practitioner while the practitioner is taken, under subsection (2), to be a general or specialist registrant. (5) The practitioner is not taken to be a registrant for the operation of sections 37(1)(b) and 254.

s 270 181 Medical Practitioners Registration Act 2001 s 271 Division 4 Other provisions 270 Provision of certain professional services by interstate practitioners (1) This section applies to an interstate practitioner in relation to the provision of any of the following professional services by the practitioner in Queensland— (a) a professional service provided in an emergency; (b) the removal of tissue from a person’s body or the transplantation of tissue to the body of a living person; (c) a professional service provided to a patient while the patient is being transported; (d) the conduct of an autopsy under an order made by a coroner under the Coroners Act 2003 , section 19. (2) The interstate practitioner is taken to be the following kind of registrant in relation to the provision of any of the services by the practitioner in Queensland— (a) if the practitioner’s registration under the interstate law is equivalent to general registration under this Act—a general registrant; (b) if the practitioner’s registration under the interstate law is equivalent to specialist registration in a specialty—a specialist registrant in the specialty. (3) The practitioner’s deemed general or specialist registration under subsection (2) is taken to be subject to any conditions of the practitioner’s relevant registration under an interstate law. (4) In this section— interstate law means a law of another State or New Zealand that provides for the same matter as this Act. interstate practitioner means a person who is not a registrant but is registered under an interstate law. 271 Protecting officials from liability (1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.

s 272 182 Medical Practitioners Registration Act 2001 s 272 (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the board. (3) In this section— official means— (a) a member; or (b) a committee member who is not a board member; or (c) the executive officer; or (d) a person appointed by the board to conduct a health assessment of another person; or (e) an inspector; or (f) a person acting under the direction or authority of an inspector. 272 Protection for persons involved in supervising registrants (1) This section applies to a person who, honestly and on reasonable grounds, gives information to the board— (a) about a registrant in the person’s capacity as the registrant’s internship nominee or supervisor for an internship or supervised practice program; or (b) in response to a request made under section 121A(2) or 140A(2). (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.

s 273 183 Medical Practitioners Registration Act 2001 s 273 273 False or misleading information or documents (1) For this section— (a) information is taken to be materially false if— (i) the information is false or misleading in a material particular; or (ii) regardless of the literal truth of the information, it has a propensity to mislead or deceive the board in a material particular, including through the omission of other material information; and (b) a document is taken to be materially false if— (i) the document contains or conveys information that is materially false; or (ii) the document contains or conveys information that, by the time the document is given to the board, has become materially false; or (iii) the document— (A) is, or purports to be, a copy of an original document; and (B) is not, in a material particular, a true, accurate and complete copy of the original document; or (iv) the document— (A) is, or purports to be, an extract from or summary of an original document; and (B) fails, in a material particular, to convey a true, accurate and complete representation of the information contained in the original document. (2) A person must not give the board— (a) information that is materially false to the knowledge of the person; or (b) a document that is materially false to the knowledge of the person. Maximum penalty—200 penalty units.

s 273 184 Medical Practitioners Registration Act 2001 s 273 (3) A person must not contravene subsection (2) in connection with an application for registration by the person or someone else. Maximum penalty—2000 penalty units or 3 years imprisonment. (4) A person must convey the relevant facts to the board as soon as reasonably practicable after the person— (a) being a registrant, becomes aware that information or a document that was given to the board in connection with the person’s registration— (i) was materially false when it was given to the board; or (ii) has since become materially false; or (b) being a person who previously gave information or a document to the board, becomes aware that the information or document— (i) was materially false when it was given to the board; or (ii) has since become materially false. Maximum penalty—200 penalty units. (5) A registrant must not act or practise as a registrant, or continue to do so, if— (a) the registrant committed a contravention of subsection (2) in connection with the registrant’s application for registration; or (b) the registrant was knowingly concerned in, or a party to, a contravention of subsection (2) in connection with the registrant’s application for registration; or (c) the registrant has failed to convey the relevant facts to the board after becoming aware that information or a document that was given to the board in connection with the registrant’s registration— (i) was materially false when it was given to the board; or (ii) has since become materially false.

s 274 185 Medical Practitioners Registration Act 2001 s 274 Maximum penalty—2000 penalty units or 3 years imprisonment. (6) To remove any doubt, it is declared that in this section— material particular , in relation to an application for registration, is not limited to a particular that would have been determinative of the application, but includes any particular that, had it been known to the board at the relevant time, might have influenced the board, a member, the executive officer or a member of the office’s staff in— (a) granting or refusing the application; or (b) deciding the capacity in which the applicant may be registered, whether as a general registrant, provisional general registrant, specialist registrant, special purpose registrant or non-practising registrant; or (c) imposing a probationary condition or other condition, qualification or restriction on registration granted to the applicant; or (d) fixing the period of the registration granted to the applicant; or (e) making further inquiries or conducting further investigations in connection with the application. registrant means a person registered under part 3, including a general registrant, provisional general registrant, specialist registrant, special purpose registrant and non-practising registrant, whether or not the registration is on probationary conditions or other conditions. registration means— (a) registration as a registrant; or (b) renewal of registration as a registrant; or (c) restoration of registration as a registrant. 274 Certificates etc. not to be false or misleading A registrant must not, in the registrant’s professional capacity, sign or give to another person, a certificate, notice, report or

s 275 186 Medical Practitioners Registration Act 2001 s 278 other document the registrant knows is false or misleading in a material particular. Maximum penalty—50 penalty units. 275 Application of provisions (1) This section applies if a provision of this Act applies another provision of this Act for a purpose. (2) The other provision, and any definition relevant to the other provision, apply with any necessary changes. (3) Subsection (2) is not limited merely because a provision states how the other provision is to apply. 276 Approval of forms The board may approve forms for use under this Act. 277 Examination fees A person who sits an examination set and administered by the board under this Act must, before sitting the examination, pay the board the fee for the examination prescribed under a regulation. 278 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following— (a) prescribed internships, including, for example, the content and duration of prescribed internships; (b) supervised practice programs, including, for example, the requirements and responsibilities of persons who supervise registrants undertaking the programs; (c) fees, including the refunding of fees, for this Act; (d) imposing a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.

s 279 187 Medical Practitioners Registration Act 2001 s 280 (3) Without limiting subsection (2)(c), a regulation may prescribe amounts as fees having regard to the costs of the board performing its functions under, or complying with— (a) an Act in the legislative scheme; or (b) another Act. Part 11 Repeal and transitional provisions Division 1 Repeal 279 Repeal of Medical Act 1939 The Medical Act 1939 (1939 Act No. 10) is repealed. Division 2 Transitional provisions for Act No. 7 of 2001 280 Definitions for div 2 In this division— column 1 registration see section 293(1). column 2 registration see section 293(2). commencement means commencement of this section. 20 former board means the Medical Board of Queensland under the repealed Act. item , followed by a number, in relation to a column 1 or 2 registration, means the column 1 or 2 registration identified in the table in section 293(1) by the item number. 20 Section 280 commenced 1 March 2002 (2002 SL No. 30).

s 281 188 Medical Practitioners Registration Act 2001 s 284 281 Saving of certain orders made under repealed Act (1) This section applies if immediately before the commencement an order made by the former board under section 67(1) or (2), 68(1) or 69(1) of the repealed Act is in force. (2) The order, and any provisions of the repealed Act relating to the order, continue to have effect as if this Act had not commenced. (3) The person to whom the order was given must comply with the order, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—30 penalty units. 282 References to repealed Act or former board (1) In an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act. (2) A reference in an Act or document to the former board may, if the context permits, be taken as a reference to the board. 283 Board is the legal successor (1) The board is the successor in law of the former board. (2) Sections 284 to 288 do not limit subsection (1). 284 Assets and liabilities etc. On the commencement— (a) the assets and liabilities of the former board become assets and liabilities of the board; and (b) any contracts entered into by or on behalf of the former board and all guarantees, undertakings and securities given by or on behalf of the former board, in force immediately before the commencement, are taken to have been entered into or given by or to the board and may be enforced against or by the board; and (c) any property that, immediately before the commencement, was held on trust, or subject to a condition, by the former board continues to be held by

s 285 189 Medical Practitioners Registration Act 2001 s 289 the board on the same trusts, or subject to the same condition. 285 Service agreements A service agreement entered into by the former board, in force immediately before the commencement, is taken to have been entered into by the board. 286 Proceedings A proceeding that could have been started or continued by or against the former board before the commencement may be started or continued by or against the board. 287 Dealing with matter under Health Practitioners (Professional Standards) Act 1999 A matter that had started to be, or could have been, dealt with under the Health Practitioners (Professional Standards) Act 1999 by the former board before the commencement may be continued, or started, to be dealt with by the board. 288 Offences (1) Proceedings for an offence against the repealed Act may be continued, or started by the board, and the provisions of the repealed Act and the Medical Act and Other Acts (Administration) Act 1966 necessary or convenient to be used in relation to the proceedings continue to apply, as if this Act had not commenced. (2) For subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection. (3) This section has effect despite the repeal of the Medical Act and Other Acts (Administration) Act 1966 . 289 Membership of board (1) From the commencement, the board consists of the existing members.

s 289 190 Medical Practitioners Registration Act 2001 s 289 (2) Also, the board may include other persons appointed by the Governor in Council (the additional members ). (3) However, the first board must not consist of more than 11 members. (4) An existing member, other than the chief health officer, holds office as a member until the earlier of the following days— (a) the day the existing member’s term of appointment under the repealed Act would have ended if this Act had not commenced; (b) if the existing member vacates office under this Act before the day mentioned in paragraph (a), the day the existing member vacates office. (5) An additional member is to be appointed for a term that ends on or before the day when the terms of appointment of the existing members, other than the chief health officer, under the repealed Act would have ended if this Act had not commenced. (6) If a person, including an existing member, appointed to the board under this section is a registrant, the person is taken to be an appointed member and appointed registrant member. (7) Subsection (6) does not apply to the chief health officer. (8) If a person, including an existing member, appointed to the board under this section is not a registrant, the person is taken to be an appointed member. (9) The chief health officer is always a member of the first board. (10) The Governor in Council may appoint a person to fill the office of a member of the first board if it is vacant. (11) This section has effect despite sections 15 to 18 and 20. (12) In this section— existing member means a person who, immediately before the commencement, held office as a member of the former board. first board means the board as constituted under this section.

s 290 191 Medical Practitioners Registration Act 2001 s 292 290 Chairperson of board (1) From the commencement, the existing president is taken to be the chairperson of the board as constituted under section 289. (2) The existing president ceases to hold office as the chairperson if the existing president vacates the office of chairperson under this Act. (3) This section has effect despite section 19(1) and (3). (4) In this section— existing president means the person who, immediately before the commencement, held office as the president of the former board. 291 Deputy chairperson of board (1) This section applies if a person— (a) was appointed, under section 8(8) of the repealed Act, as the deputy president of the former board for a term; and (b) is, immediately before the commencement, acting as president of the former board. (2) The person is taken to be the deputy chairperson of the board, as constituted under section 289, from the commencement until the end of the term. (3) The person ceases to hold office as the deputy chairperson if the person vacates the office of deputy chairperson under this Act. (4) This section has effect despite section 19(1) and (3). 292 Appeals (1) Subsection (2) applies if— (a) a person has appealed to the tribunal under repealed section 21 before the commencement against a determination of the former board; and (b) the appeal has not been decided before the commencement.

s 293 192 Medical Practitioners Registration Act 2001 s 293 (2) The tribunal may hear, or continue to hear, and decide the appeal under the repealed Act as if this Act had not commenced. (3) Subsection (4) applies if— (a) immediately before the commencement a person could have appealed to the tribunal under the repealed section 21 against a determination of the former board; and (b) the person has not appealed before the commencement. (4) The person may appeal, and the tribunal may hear and decide the appeal, under the repealed Act as if this Act had not commenced. (5) For giving effect to its decision under subsection (2) or (4), the tribunal may make the orders it considers necessary having regard to the provisions of this Act. Example for subsection (5) — On an appeal by a person against a determination of the former board to refuse the person’s application for registration under the repealed Act, the tribunal may order that the board register the person under this Act. (6) In this section— repealed section 21 means section 21 of the repealed Act. 293 Existing registrations (1) This section applies to a person who immediately before the commencement was registered, under the repealed Act, for a category of registration mentioned in column 1 of the following table (the column 1 registration )—

s 293 193 Medical Practitioners Registration Act 2001 s 293 Column 1 Table Column 2 1 general registration as a medical general registration practitioner, based on an entitlement to registration stated in section 17 of the repealed Act 2 conditional registration as a medical general registration practitioner, based on an entitlement to registration stated in section 17A of the repealed Act 3 conditional registration as a medical special purpose practitioner under section 17C(1)(a), (b), registration under (c), (d), (f), (g) or (h) of the repealed Act section 132, 133, 134, 135, 136, 137 or 138 4 conditional registration as a medical specialist registration practitioner, under section 17C(1)(e) of the in the specialty repealed Act, to practise a specialty 5 interim registration under section 17D of provisional general the repealed Act registration 6 specialist registration in a specialty, based specialist registration on an entitlement to registration stated in in the specialty. section 18 of the repealed Act (2) The person is taken to be registered for the category of registration mentioned in column 2 of the table (the column 2 registration ) shown opposite the column 1 registration. (3) If the column 1 registration was, immediately before the commencement, subject to conditions, the column 2 registration is taken to be subject to the conditions. (4) Despite section 56, the column 2 registration continues until the later of the following days— (a) 30 September first happening after the commencement; (b) the day that is 3 months after the commencement. (5) However, subsection (4) stops applying if the column 2 registration is surrendered or cancelled.

s 294 194 Medical Practitioners Registration Act 2001 s 294 (6) Subsection (7) applies to a conditional registration as a medical practitioner, under section 17A of the repealed Act, that is taken under subsection (2) to be a general registration. (7) The general registration is subject to the requirement that the registrant undertake the period of internship or supervised training the registrant would have been required to complete under the repealed Act if this Act had not commenced. (8) Subsection (9) applies to a conditional registration as a medical practitioner, under section 17C(1)(g) of the repealed Act, that is taken under subsection (2) to be a special purpose registration. (9) Section 140 does not apply to the special purpose registration. (10) Subsection (11) applies to a person who, immediately before the commencement— (a) was registered under section 17C(1)(d) of the repealed Act; and (b) was, or was purported to be, registered under section 18 of the repealed Act in a specialty. (11) Despite subsection (2), the person is not taken to have specialist registration in the specialty under this section. (12) A regulation prescribing a branch of medicine to be a specialty (the new specialty ) may state that the new specialty includes, or is the equivalent of, a particular specialty prescribed under the repealed Act (the previous specialty ). (13) Subsection (14) applies if a regulation is made under subsection (12). (14) For applying this section in relation to the previous specialty, a reference in item 4 or 6, column 2, in subsection (1) to ‘the specialty’ is taken to be a reference to the new specialty. 294 Changing or removing conditions imposed under repealed Act (1) This section applies to conditions mentioned in section 293(3) that were imposed, under the repealed Act, on an item 3 column 1 registration.

s 295 195 Medical Practitioners Registration Act 2001 s 297 (2) Sections 149A and 150 apply to the conditions as if the conditions had been imposed on the registration under this Act. 295 Existing applications for certain column 1 registrations (1) An application for a column 1 registration, other than an item 5 column registration, made under the repealed Act and not decided before the commencement must be decided under this Act. (2) The application is taken to be for the column 2 registration shown opposite the column 1 registration. (3) Part 3, division 2, 9 or 10 applies to the application. (4) However, the provisions of this Act dealing with making the application in the approved form and paying the application fee or registration fee, that would otherwise apply do not apply to the application. 296 Suspended registrations (1) This section applies if a column 1 registration, other than an item 5 column 1 registration, has been suspended under the repealed Act and the period of suspension has not ended before the commencement. (2) The suspension is taken to continue as a suspension of the column 2 registration shown opposite the column 1 registration. 297 Continuation of approvals for intern training (1) This section applies if, immediately before the commencement, a hospital was— (a) an intern training hospital; or (b) a secondment hospital. (2) The person responsible for the clinical training of interns at the hospital is taken to hold— (a) for an intern training hospital—an accreditation certificate for an intern training program; and

s 298 196 Medical Practitioners Registration Act 2001 s 301 (b) for a secondment hospital—an accreditation certificate for an intern training secondment program. (3) The accreditation certificate ceases to have effect 3 years after the commencement. (4) In this section— intern training hospital means a hospital approved by the former board to provide a 12 month internship for persons registered under section 17A of the repealed Act. secondment hospital means a hospital approved by the former board to provide an internship, other than a 12 month internship, for persons registered under section 17A of the repealed Act. 298 Unmet area of need (1) This section applies if, immediately before the commencement, there was in effect a decision by the Minister, under section 17C(2) of the repealed Act, that there is an unmet area of need relating to a medical service. (2) The decision is taken to be a decision by the Minister under section 135 that there is an area of need for a medical service. 300 Records (1) This section applies if— (a) a registration was affected under the repealed Act; and (b) immediately before the commencement, the former board held a record of the details of the way the registration was affected and the reason for it being affected. (2) The record must be kept by the board for at least 10 years after the commencement. 301 Certain Act has not been repealed (1) This section applies if an Act mentioned in column 2 of the following table (the column 2 Act ) has not been repealed—

s 301 197 Medical Practitioners Registration Act 2001 s 301 Column 1 Table Column 2 Chiropractors Registration Act 2001 Chiropractors and Osteopaths Act 1979 Dental Practitioners Registration Act 2001 Dental Act 1971 Dental Technicians and Dental Prosthetists Registration Act 2001 Dental Technicians and Dental Prosthetists Act 1991 Occupational Therapists Occupational Therapists Act 1979 Registration Act 2001 Optometrists Registration Act 2001 Optometrists Act 1974 Osteopaths Registration Chiropractors and Osteopaths Act Act 2001 1979 Pharmacists Registration Act 2001 Pharmacy Act 1976 Physiotherapists Registration Act 2001 Physiotherapists Act 1964 Podiatrists Registration Podiatrists Act 1969 Act 2001 Psychologists Registration Act 2001 Psychologists Act 1977 Speech Pathologists Registration Act 2001 Speech Pathologists Act 1979. (2) A reference in schedule 3, definition health practitioner registration Act to the Act mentioned in column 1 of the table shown opposite the column 2 Act is taken to be a reference to the column 2 Act.

s 302 198 Medical Practitioners Registration Act 2001 s 303 Division 3 Transitional provision for Medical Practitioners Registration Amendment Act 2006 302 Transitional—amendment of regulation The amendment of the Medical Practitioners Registration Regulation 2002 by the Medical Practitioners Registration Amendment Act 2006 does not affect the power of the Governor in Council to further amend the regulation or to repeal it. Division 4 Transitional provision for Medical Board (Administration) Act 2006 303 Continuing appointment of inspector (1) This section applies if, immediately before the commencement, there was in force an appointment by the board of one of the following persons as an inspector under the pre-amended Act— (a) the executive officer under the Health Practitioner Registration Boards (Administration) Act 1999 ; (b) a member of the staff of the office under the Health Practitioner Registration Boards (Administration) Act 1999 . (2) Despite section 201(b) and (c), the appointment continues in force. (3) In this section— 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.

s 303 199 Medical Practitioners Registration Act 2001 s 303 Division 4 Transitional provision for Health Legislation Amendment Act 2006 303 Existing special purpose registration (1) This section applies to a person who immediately before the commencement was registered as a special purpose registrant on condition the registrant carry out the registrant’s practice under supervision. (2) If, before the commencement, the board has under section 141A(2) of the pre-amended Act asked a person involved in the supervision to give information to the board about the supervised practice and as at the commencement the information has not been given, the person may still give the information despite the repeal of section 141A of the pre-amended Act. (3) Section 141A of the pre-amended Act continues to apply to the registration as if the section had not been repealed. (4) Section 140A does not apply to the registration. (5) In this section— commencement means commencement of this section. pre-amended Act means this Act as in force before the commencement of the Health Legislation Amendment Act 2006 , section 87.

200 Medical Practitioners Registration Act 2001 Schedule 1 Decisions for which information notices must be given section 237(2) Section 51 51, as applied by section 139 51, as applied by section 150C 57(3)(b) 58 59 75 Description of decision Deciding to refuse to register an applicant for general registration as a general registrant Deciding to refuse to register an applicant for special purpose registration as a special purpose registrant Deciding to refuse to register an applicant for non-practising registration as a non-practising registrant Deciding to register a person as a general registrant on internship conditions Deciding that a person does not have relevant practical experience in the profession and registering the person as a general registrant on supervised practice program conditions Deciding to register a person as a general registrant on conditions and deciding the review period applying to the conditions Deciding to refuse to renew a general registration

201 Medical Practitioners Registration Act 2001 Schedule 1 (continued) Section Description of decision 75, as applied by section 78 Deciding to refuse to restore a general registration 75, as applied by section Deciding to refuse to renew a 124(1)(b) specialist registration 75, as applied under section Deciding to refuse to restore a 124(1)(c) specialist registration 75, as applied by section 144 Deciding to refuse to renew a special purpose registration 76 Deciding to renew a general registration on recency of practice conditions and deciding the review period applying to the conditions 76, as applied by section 78 Deciding to restore a general registration on recency of practice conditions and deciding the review period applying to the conditions 76, as applied by section Deciding to renew a specialist 124(1)(b) registration on recency of practice conditions and deciding the review period applying to the conditions 76, as applied under section 124(1)(c) Deciding to restore a specialist registration on recency of practice conditions and deciding the review period applying to the conditions 88 Deciding to cancel a general registration 88, as applied by section Deciding to cancel a specialist 124(1)(d) registration 88, as applied by section 148 Deciding to cancel a special purpose registration

202 Medical Practitioners Registration Act 2001 Schedule 1 (continued) Section Description of decision 88, as applied by section 150I Deciding to cancel a non-practising registration 94 Deciding to extend probationary conditions on a general registration 104 Deciding to confirm or change conditions of a general registration and deciding the review period applying to the conditions 104, as applied by section 124(1)(e) Deciding to confirm or change conditions on a specialist registration and deciding the review period applying to the conditions 114 Deciding to refuse to register an applicant for specialist registration in a specialty as a specialist registrant in the specialty 121 Deciding to register an applicant as a specialist registrant on conditions and deciding the review period applying to the conditions 141 Deciding to register a person as a special purpose registrant on conditions 146 Deciding to renew a special purpose registration on conditions 149A Deciding to change conditions of a special purpose registration 150AB Deciding to refuse to approve a proposed supervised practice plan

Section 153 182 189 194 197 221(1)(c) 203 Medical Practitioners Registration Act 2001 Schedule 1 (continued) Description of decision Deciding to refuse to grant an application for the replacement of a certificate of registration Deciding to refuse to accredit a program Deciding to refuse to renew an accreditation Deciding to cancel an accreditation Deciding to refuse to replace an accreditation certificate Decision resulting in a thing being forfeited to the State

204 Medical Practitioners Registration Act 2001 Schedule 3 Dictionary section 8 accepted representations see section 86(2). advertise includes— (a) placing an entry in a directory; and (b) displaying a sign; and (c) using printed stationery. application fee see section 42(1)(c)(ii). appointed member see section 15(1)(b). appointed registrant members see section 15(2)(a). approved form means a form approved by the board. assessment report see section 48(1). Australian Medical Council means the entity by the name of the Australian Medical Council Incorporated, incorporated under the Associations Incorporation Act 1991 (ACT). authorised person , for part 3, division 3, see section 61(1). board means the Medical Board of Queensland. business name , of a business, means a name or style under which the business is carried on. certificate of general registration means a certificate of general registration issued under part 3. certificate of non-practising registration means a certificate of non-practising registration issued under part 3, division 10A. certificate of provisional general registration means a certificate of provisional general registration issued under section 62(6). certificate of provisional specialist registration means a certificate of provisional specialist registration issued under section 125.

205 Medical Practitioners Registration Act 2001 Schedule 3 (continued) certificate of provisional special purpose registration means a certificate of provisional special purpose registration issued under part 3, division 10. certificate of registration means a certificate of general registration, certificate of provisional general registration, certificate of non-practising registration, certificate of specialist registration, certificate of provisional specialist registration, certificate of special purpose registration or certificate of provisional special purpose registration. certificate of specialist registration means a certificate of specialist registration issued under part 3, division 9. certificate of special purpose registration means a certificate of special purpose registration issued under part 3, division 10. certified copy , of a certificate of registration, means a copy that is certified by the board as being a true copy of the certificate. chairperson means the chairperson of the board appointed under section 19(1). chief health officer means the chief health officer under the Health Services Act 1991 , section 57B. column 1 registration , for part 11, division 2, see section 280. column 2 registration , for part 11, division 2, see section 280. commencement , for part 11, division 2, see section 280. committee means a committee of the board established under section 33(1). convicted , of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. corresponding law means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided, for the same matter as— (a) a health practitioner registration Act or the Health Practitioners (Professional Standards) Act 1999 ; or

206 Medical Practitioners Registration Act 2001 Schedule 3 (continued) (b) a provision of a health practitioner registration Act or the Health Practitioners (Professional Standards) Act 1999 . criminal history , of a person, means all the following— (a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; (b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act. declaration period , for part 10, division 3, see section 267. declared event , for part 10, division 3, see section 267. deputy chairperson means the deputy chairperson of the board appointed under section 19(1). document production requirement see section 228(5). educational institution means a university, training institution or professional college engaged in the education of persons in the practice of the profession. executive officer means the executive officer appointed under the Medical Board (Administration) Act 2006 . executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. facsimile warrant see section 210(4). foreign regulatory authority means— (a) an interstate regulatory authority; or (b) an entity established under a law applying in a foreign country, other than New Zealand, having functions similar to the board’s functions under this Act or the Health Practitioners (Professional Standards) Act 1999 . former board , for part 11, division 2, see section 280.

207 Medical Practitioners Registration Act 2001 Schedule 3 (continued) former registrant means a person who was, but is not currently, registered under part 3. general registrant means a person registered, under part 3, as a general registrant, but does not include a provisional general registrant. general registration means registration of a person as a general registrant under part 3. general registration period see section 56(1). health assessment , in relation to a person, includes— (a) a physical, medical, psychiatric or psychological examination or test of the person; and (b) asking questions to assess the person’s mental and physical health. Health Insurance Commission means the Health Insurance Commission established under the Health Insurance Commission Act 1973 (Cwlth), section 4. health practitioner registration Act means any of the following Acts— • this Act • Chiropractors Registration Act 2001 • Dental Practitioners Registration Act 2001 • Dental Technicians and Dental Prosthetists Registration Act 2001 • Medical Radiation Technologists Registration Act 2001 • Occupational Therapists Registration Act 2001 • Optometrists Registration Act 2001 • Osteopaths Registration Act 2001 • Pharmacists Registration Act 2001 • Physiotherapists Registration Act 2001 • Podiatrists Registration Act 2001 • Psychologists Registration Act 2001

208 Medical Practitioners Registration Act 2001 Schedule 3 (continued) • Speech Pathologists Registration Act 2001 . health records , for part 10, division 1, see section 259. health service means a service for maintaining, improving or restoring people’s health and wellbeing. health service facility means— (a) a public sector health service facility; or (b) a private health facility; or (c) the Mater Misericordiae Public Hospitals. impose , a condition, includes change or confirm the condition. information notice , for a decision of the board or an inspector, is a notice stating the following— (a) the decision; (b) the reasons for the decision; (c) that the person to whom the notice is given has a right to have the decision reviewed by QCAT; (d) how, and the period within which, the person may apply for the review; (da) the right the person has to have the operation of the decision stayed under the QCAT Act, section 22; (e) if the decision is that a person be registered on conditions, other than probationary conditions— (i) for a general or specialist registration—the review period applying to the conditions; and (ii) for conditions imposed because of the person’s mental and physical health, the details of which it has been decided under section 59(4) to record in the register—the details that must be recorded in the register for the period for which the conditions are in force;

209 Medical Practitioners Registration Act 2001 Schedule 3 (continued) (f) if the decision is that a person be registered on probationary conditions mentioned in section 57(3)(b)— (i) the part of the prescribed internship to be completed; and (ii) the period in which the part of the prescribed internship is to be completed; (g) if the decision is that a general or specialist registration be renewed or restored on recency of practice conditions, the review period applying to the conditions; (h) if the decision is that a registration be cancelled, a direction to the person— (i) to return the certificate of registration to the board within 14 days after receiving the notice; and (ii) for a decision that a specialist registrant’s or provisional specialist registrant’s general registration be cancelled—to return the certificate of specialist registration or certificate of provisional specialist registration to the board within 14 days after receiving the notice; (i) if the decision is that the conditions imposed on a general or specialist registration be confirmed, the review period applying to the confirmed conditions; (j) if the decision is that the conditions imposed on a general or specialist registration be changed— (i) the review period applying to the changed conditions; and (ii) if the conditions were imposed because of the person’s mental and physical health and it is decided under section 108(2) that details of the changed conditions must be recorded in the register, the details that must be recorded in the register for the period for which the changed conditions are in force; and

210 Medical Practitioners Registration Act 2001 Schedule 3 (continued) (iii) a direction to the person to return the certificate of registration to the board within 14 days after receiving the notice; (iv) for a decision that conditions on a specialist registrant’s general registration be changed—a direction to the person to return the certificate of specialist registration to the board within 14 days after receiving the notice; (k) if the decision is to refuse to renew, or to cancel, accreditation of a program, a direction to the holder of the accreditation certificate for the program to return the certificate to the board within 14 days after receiving the notice. inspector means a person who is appointed as an inspector under section 201. intern means a person registered as a general registrant on internship conditions. internship , for the profession, means a program of practical experience and training in the practice of the profession. internship conditions means conditions mentioned in section 57(3) and includes those conditions extended under section 94(1)(b)(ii). internship report , for a general registrant registered on internship conditions, means a report— (a) providing an assessment of the registrant’s competence to practise the profession as demonstrated while undertaking an internship; and (b) in the approved form. intern training program means a program that provides a 1 year internship. intern training secondment program means a program that provides part of an internship. interstate law , for part 10, division 3, see section 267.

211 Medical Practitioners Registration Act 2001 Schedule 3 (continued) interstate regulatory authority means an entity established under the law of another State or New Zealand having functions similar to the board’s functions under this Act or the Health Practitioners (Professional Standards) Act 1999 . item , for part 11, division 2, see section 280. legislative scheme see section 4. local practitioner , for part 10, division 3, see section 267. medical condition includes substance abuse or dependence. medical practitioner means a person registered under this Act. member means a member of the board. non-practising registrant means a person registered, under part 3, division 10A, as a non-practising registrant. non-practising registration means registration of a person as a non-practising registrant under part 3, division 10A. notice means written notice. occupier , of a place, includes a person who reasonably appears to be an occupier, or in charge, of the place. office means the Office of the Medical Board of Queensland established under the Medical Board (Administration) Act 2006 . original decision see section 237(1). participant , for part 10, division 3, see section 267. personal details requirement see section 226(5). place includes premises, vacant land and a vehicle. place of seizure see section 217. possess , a health record, for part 10, division 1, see section 259. premises includes— (a) a building or other structure; and (b) a part of a building or other structure; and

212 Medical Practitioners Registration Act 2001 Schedule 3 (continued) (c) land where a building or other structure is situated. prepare , for part 10, division 3, see section 267. private health facility see the Private Health Facilities Act 1999 , section 8. probationary conditions means internship conditions or supervised practice program conditions. profession means the medical profession. professional service means a medical service, including a specialist medical service. program , for part 5, see section 178. proposed supervisor , for part 3, division 10, see section 130A. provisional general registrant means a person registered, under section 62, as a provisional general registrant. provisional general registration means registration of a person as a provisional general registrant under section 62. provisional specialist registrant means a person registered, under section 125, as a provisional specialist registrant. provisional specialist registration means registration of a person as a provisional specialist registrant under section 125. provisional special purpose registrant means a person registered, under part 3, division 10, as a provisional special purpose registrant. provisional special purpose registration means registration of a person as a provisional special purpose registrant under part 3, division 10. public members see section 15(2)(b). public place means a place that the public is entitled to use, is open to the public or is used by the public (whether or not on payment of money). public sector health service facility see the Health Services Act 1991 , section 2. recency of practice conditions see section 76(2).

213 Medical Practitioners Registration Act 2001 Schedule 3 (continued) recency of practice requirements see section 70. register means the register kept under section 254. registrant means a person registered under part 3. registrant member means the chief health officer or an appointed registrant member. registration means registration under part 3. registration fee see section 42(1)(c)(iii). renewable registration means a general registration, special purpose registration or specialist registration, other than a short-term registration. repealed Act means the Medical Act 1939 . restoration fee see section 80(1)(b)(i). restricted specialist title , for a specialty, means a title that consists of or includes words prescribed under a regulation for the specialty. restricted title means a title that consists of, or includes, the words ‘medical practitioner’. review period , applying to conditions imposed by the board or QCAT on a general registration or specialist registration, means the period, not more than 3 years after the decision to impose the conditions takes effect, within which the registrant may not apply for a review of the conditions under part 3. service agreement means an agreement made under the Medical Board (Administration) Act 2006 , between the executive officer and the board, for the provision of administrative and operational support by the office to the board. short-term registration means a registration on an application mentioned in section 156A. show cause notice — (a) for part 3, division 6—see section 85(1); or (b) for part 5, division 4—see section 191(1).

214 Medical Practitioners Registration Act 2001 Schedule 3 (continued) show cause period — (a) for part 3, division 6—see section 85(2)(d); or (b) for part 5, division 4—see section 191(2)(d). specialist application fee see section 110(1)(c)(ii). specialist registrant means a person registered, under part 3, division 9, as a specialist registrant. specialist registration means registration of a person as a specialist registrant under part 3, division 9. specialist registration fee see section 110(1)(c)(iii). special purpose see section 131(1). special purpose registrant means a person registered, under part 3, division 8, as a special purpose registrant, but does not include a provisional special purpose registrant. special purpose registration means registration of a person as a special purpose registrant under part 3, division 10. specialty means a branch of medicine prescribed under a regulation to be a specialty. supervised practice plan , for part 3, division 10, see section 130A. supervised practice program , for a person, means a program that— (a) provides the person experience in the practice of the profession in a professional practice setting; and (b) is supervised by a registrant. supervised practice program conditions means conditions mentioned in section 58(3) and includes those conditions extended under section 94(1)(b)(ii). supervised practice program report , for a general registrant registered on supervised practice program conditions, means a report— (a) providing an assessment of the registrant’s competence to practise the profession, as demonstrated while

215 Medical Practitioners Registration Act 2001 Schedule 3 (continued) undertaking the program approved by the board for the registrant; and (b) in the approved form. user , of a registrant’s services, includes a person who used the services. visiting practitioner , for part 10, division 3, see section 267. warrant form see section 210(5)(b).

216 Medical Practitioners Registration Act 2001 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .216 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .217 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .217 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .218 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .218 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .220 8 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . .227 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 January 2010. Future amendments of the Medical Practitioners Registration Act 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

217 Medical Practitioners Registration Act 2001 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 prev prec pres 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 = previous = preceding = present 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 edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to 2001 Act No. 78 Effective 1 March 2002 Reprint date 1 March 2002 Reprint No. 1A 1B 1C 1D 1E 1F 1G 1H 2 2A 2B 2C Amendments included 2003 Act No. 9 2003 Act No. 45 2003 Act No. 59 2005 Act No. 30 2005 Act No. 48 2005 Act No. 59 2006 Act No. 15 2006 Act No. 25 — 2006 Act No. 46 2006 Act No. 46 2006 Act No. 56 Effective 28 March 2003 27 August 2003 21 May 2004 10 June 2005 1 December 2005 1 January 2006 1 June 2006 1 July 2006 1 July 2006 15 December 2006 1 March 2007 1 July 2007 Notes R1H withdrawn, see R2

218 Medical Practitioners Registration Act 2001 Reprint No. 2D 2E 2F 2G 2H Amendments included 2007 Act No. 54 2009 Act No. 9 2008 Act No. 57 2009 Act No. 24 2009 Act No. 44 Effective 9 November 2007 1 July 2009 30 October 2009 1 December 2009 1 January 2010 Notes 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 1, 2 6 List of legislation Medical Practitioners Registration Act 2001 No. 7 date of assent 11 May 2001 ss 1–2 commenced on date of assent sch 2, amdt 1 of the Health Practitioners (Professional Standards) Act 1999 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) amending legislation— Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Health Legislation Amendment Act 2001 No. 78 s 1, pt 8 date of assent 15 November 2001 commenced on date of assent Health and Other Legislation Amendment Act 2003 No. 9 s 1, pt 8 date of assent 28 March 2003 commenced on date of assent Trans-Tasman Mutual Recognition (Queensland) Act 2003 No. 45 ss 1–2, 15 sch date of assent 27 August 2003 commenced on date of assent (see s 2)

219 Medical Practitioners Registration Act 2001 Higher Education (General Provisions) Act 2003 No. 59 ss 1–2, 103 sch 1 date of assent 18 September 2003 ss 1–2 commenced on date of assent remaining provisions commenced 21 May 2004 (2004 SL No. 56) Medical Practitioners Registration Amendment Act 2005 No. 30 date of assent 10 June 2005 commenced on date of assent Public Health Act 2005 No. 48 ss 1 – 2, 492 sch 1 date of assent 2 November 2005 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2005 (2005 SL No. 280) Health Practitioners Legislation Amendment Act 2005 No. 59 pts 1, 3 date of assent 28 November 2005 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2006 (see s 2) Medical Practitioners Registration Amendment Act 2006 No. 15 pts 1–2 date of assent 24 April 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 2006 (2006 SL No. 96) Health Quality and Complaints Commission Act 2006 No. 25 ss 1–2(1), 241(1) sch 3 date of assent 29 May 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2006 (see s 2(1)) Health Legislation Amendment Act 2006 No. 46 pts 1, 6 date of assent 10 November 2006 ss 1–2 commenced on date of assent ss 78, 80–92, 93(1), 94 (to the extent it ins new sdiv 6), 97, 99, 99A, 100 commenced 1 March 2007 (2006 SL No. 309) remaining provisions commenced 15 December 2006 (2006 SL No. 309) 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) Mental Health and Other Legislation Amendment Act 2007 No. 54 s 1, pt 8 date of assent 9 November 2007 commenced on date of assent Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another Measure) Amendment Act 2008 No. 57 pts 1, 5 date of assent 5 November 2008 ss 1–2 commenced on date of assent remaining provisions commenced 30 October 2009 (2009 SL No. 235)

220 Medical Practitioners Registration Act 2001 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 8 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Health and Other Legislation Amendment Act 2009 No. 44 ss 1, 2(3), pt 8 date of assent 3 November 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2010 (2009 SL No. 290) 7 List of annotations The legislative scheme s 4 amd 2006 No. 56 s 42 sch 1 Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 s 5 amd 2009 No. 24 s 1101 Mutual recognition legislation not affected s 6 amd 2003 No. 45 s 15 sch Board to act promptly etc. s 11A ins 2006 No. 15 s 4 Powers of board s 13 amd 2006 No. 56 s 42 sch 1 Delegation by board s 14 amd 2006 No. 15 s 5 Membership of board s 15 amd 2006 No. 15 s 6 Matters to be included in annual report s 37 amd 2009 No. 9 s 136 sch 1 Board is statutory body under the Financial Accountability Act 2009 prov hdg amd 2009 No. 9 s 136 sch 1 s 38 amd 2009 No. 9 s 136 sch 1 PART 3—REGISTRATION Procedural requirements for applications s 42 amd 2001 No. 78 s 80 When applicant is qualified for general registration s 44 amd 2006 No. 15 s 7

221 Medical Practitioners Registration Act 2001 Fitness to practise the profession s 45 amd 2001 No. 78 s 81; 2006 No. 15 s 8; 2008 No. 57 s 17 Appointment of appropriately qualified person to conduct health assessment s 47 amd 2001 No. 78 s 82 Use of assessment report s 49 amd 2009 No. 24 s 1102 Period s 56 amd 2006 No. 15 s 9 Imposition of internship conditions s 57 amd 2006 No. 15 s 10 Imposition of supervised practice program conditions s 58 amd 2006 No. 15 s 11 Provisional general registration of a person on internship conditions s 62 amd 2006 No. 15 s 12 Period s 66 amd 2009 No. 44 s 52 Non-application of div 4 to short-term registration s 69A ins 2006 No. 15 s 13 Procedural requirements for applications s 72 amd 2001 No. 78 s 83 Non-application of div 5 to short-term registration s 77A ins 2006 No. 15 s 14 Grounds for cancellation s 84 amd 2005 No. 30 s 3; 2009 No. 44 s 53 Board to give notice to internship nominee or supervisor s 92 amd 2009 No. 44 s 54 When decision takes effect s 95 amd 2006 No. 46 s 71 Failure by board to make decision s 96 amd 2006 No. 46 s 72; 2009 No. 44 s 55 Issuing new certificate of general registration s 97 sub 2006 No. 46 s 73 amd 2009 No. 44 s 56 Division 8—Reviewing conditions of general registrations Subdivision 1—Review of conditions imposed by the board or QCAT sdiv hdg amd 2009 No. 24 s 1103 How registrant may start a review s 99 amd 2009 No. 24 s 1104 When decision takes effect s 105 amd 2006 No. 46 s 74

222 Medical Practitioners Registration Act 2001 Failure by board to make decision on application s 106 amd 2006 No. 46 s 75; 2009 No. 44 s 57 Failure by board to make decision on review agreed to under s 100 s 107 amd 2006 No. 46 s 76; 2009 No. 44 s 58 Amending, replacing, or issuing new, certificate of general registration s 109 sub 2006 No. 46 s 77 amd 2009 No. 44 s 59 Procedural requirements for applications s 110 amd 2001 No. 78 s 84 Eligibility s 111 amd 2003 No. 9 s 42; 2006 No. 46 s 78 Period s 119 amd 2006 No. 15 s 15 Condition of practice under supervision s 121A ins 2003 No. 9 s 43 Effect on specialist registration if conditions on general registration are changed or removed s 128 amd 2006 No. 46 s 79 Division 10—Special purpose registrations Subdivision 1AA—Preliminary sdiv 1AA (s 130A) ins 2006 No. 46 s 80 Subdivision 1—Eligibility for special purpose registration Eligibility s 131 amd 2006 No. 46 s 81 Postgraduate study or training s 132 amd 2006 No. 46 s 82 Medical teaching or research, and connected practice s 134 sub 2006 No. 15 s 16 amd 2006 No. 46 s 83 Practice in area of need s 135 amd 2005 No. 59 s 8; 2006 No. 46 s 84 Application of divs 2 and 3 s 139 amd 2006 No. 46 s 85 Standard condition—registration under ss 132–137 s 140A ins 2006 No. 46 s 86 Standard condition—registration under ss 132–136 s 140B ins 2006 No. 46 s 86 Condition of practice under supervision s 141A ins 2003 No. 9 s 44 om 2006 No. 46 s 87

223 Medical Practitioners Registration Act 2001 Provisional special purpose registration of a person s 143 amd 2006 No. 46 s 88 Deemed specialist registration s 143A ins 2001 No. 78 s 85 amd 2006 No. 15 s 17 Non-application of sdiv 3 to short-term registration s 143B ins 2006 No. 15 s 18 Matters that may be considered in deciding applications for renewal of special purpose registrations s 145 amd 2006 No. 46 s 89 Renewal on conditions prov hdg sub 2006 No. 46 s 90(1) s 146 amd 2006 No. 46 s 90(2)–(4) Grounds for cancellation s 149 amd 2005 No. 30 s 4; 2006 No. 46 s 91; 2009 No. 44 s 60 Subdivision 5—Changing or removing conditions sdiv hdg sub 2001 No. 78 s 86 Changing conditions s 149A ins 2001 No. 78 s 86 amd 2006 No. 46 s 92 Removal s 150 amd 2001 No. 78 s 87; 2006 No. 46 s 93 Amending, replacing, or issuing new, certificate of general registration s 150A ins 2001 No. 78 s 88 sub 2006 No. 46 s 94 Subdivision 6—Notification of the board sdiv 6 (ss 150AA–150AC) ins 2006 No. 46 s 94 Division 10A—Limited registrations and non-practising registrations div hdg ins 2003 No. 9 s 45 sub 2009 No. 44 s 60A Subdivision 1AA—Limited registration sdiv 1AA (s 150AD) ins 2009 No. 44 s 60B Subdivision 1—Eligibility for non-practising registration sdiv 1 (s 150B) ins 2003 No. 9 s 45 Subdivision 2—Applications for non-practising registration sdiv hdg ins 2003 No. 9 s 45 Application of div 2 s 150C ins 2003 No. 9 s 45 Suitability of proposed non-practising registrant s 150D ins 2003 No. 9 s 45 amd 2008 No. 57 s 18

224 Medical Practitioners Registration Act 2001 Board’s powers before deciding applications s 150E ins 2003 No. 9 s 45 Failure to decide application s 150F ins 2003 No. 9 s 45 Forms of certificates of non-practising registration s 150G ins 2003 No. 9 s 45 Standard condition s 150H ins 2003 No. 9 s 45 Subdivision 3—Cancellation of non-practising registrations sdiv hdg ins 2003 No. 9 s 45 Application of div 6 s 150I ins 2003 No. 9 s 45 Grounds for cancellation s 150J ins 2003 No. 9 s 45 amd 2005 No. 30 s 5 Notification of certain events to interstate regulatory authorities and other entities s 156 amd 2006 No. 25 s 241(1) sch 3 Short-term registration s 156A ins 2006 No. 15 s 19 Report about delayed applications s 156B ins 2006 No. 15 s 19 PART 4—OBLIGATIONS OF REGISTRANTS AND OTHER PERSONS Taking of restricted titles etc. s 157 amd 2003 No. 9 s 46 Use of title ‘doctor’ s 160 sub 2003 No. 59 s 103 sch 1 Claims by persons as to registration and prohibited conduct by non-registrants s 161 sub 2005 No. 30 s 6 Division 2—Reportable misconduct div hdg prev div 2 hdg om 2006 No. 46 s 95 pres div 2 hdg ins 2009 No. 44 s 61 Registrant must give notice about reportable misconduct s 166 prev s 166 amd 2001 No. 45 s 29 sch 3 om 2006 No. 46 s 95 pres s 166 ins 2009 No. 44 s 61 Notification of change in business names etc. s 167 om 2006 No. 46 s 95 Information to appear in advertisements s 169 amd 2006 No. 46 s 96 Reprisal and grounds for reprisals s 173 amd 2009 No. 44 s 62

225 Medical Practitioners Registration Act 2001 Protection for registrants providing information about indictable offences to police officers prov hdg amd 2001 No. 78 s 89(1) s 176 amd 2001 No. 78 s 89(2)–(4) Definition for pt 5 s 178 def “program” amd 2009 No. 44 s 63 Protection from liability s 180A ins 2003 No. 9 s 47 Decision s 182 amd 2009 No. 44 s 64 Decision s 189 amd 2009 No. 44 s 65 Return of accreditation certificate to board s 195 amd 2009 No. 44 s 66 Dealing with forfeited things etc. s 223 amd 2009 No. 24 s 1105 PART 7—REVIEWS BY QCAT pt hdg sub 2009 No. 24 s 1106 Who may apply for a review s 237 sub 2009 No. 24 s 1106 Particular matters relating to powers of QCAT s 238 sub 2009 No. 24 s 1106 Hearing procedures s 239 om 2009 No. 24 s 1106 Powers of court on appeal s 240 om 2009 No. 24 s 1106 Appointment of assessors s 241 om 2009 No. 24 s 1106 Indictable and summary offences s 246 amd 2005 No. 30 s 7 Register to be kept s 254 amd 2003 No. 9 s 48 Records s 256 amd 2003 No. 9 s 49 Confidentiality of information s 257 amd 2001 No. 78 s 90 Board’s annual report must disclose authorisation s 258 amd 2009 No. 9 s 136 sch 1 How board may deal with health records s 264 amd 2003 No. 9 s 50

226 Medical Practitioners Registration Act 2001 Provision of certain professional services by interstate practitioners s 270 amd 2007 No. 54 s 52 Protection for persons involved in supervising registrants prov hdg sub 2003 No. 9 s 51(1) s 272 amd 2003 No. 9 s 51(2); 2006 No. 46 s 97 False or misleading information or documents s 273 sub 2005 No. 30 s 8 PART 11—REPEAL AND TRANSITIONAL PROVISIONS Division 2—Transitional provisions for Act No. 7 of 2001 div hdg sub 2006 No. 15 s 20 Existing registrations s 293 amd 2001 No. 78 s 91 Changing or removing conditions imposed under repealed Act prov hdg amd 2001 No. 78 s 92(1) s 294 amd 2001 No. 78 s 92(2) Division 3—Transitional provision for Medical Practitioners Registration Amendment Act 2006 div hdg ins 2006 No. 15 s 21 Sections 166 and 169 ineffective for 6 months s 299 om 2006 No. 46 s 98 Transitional—amendment of regulation s 302 prev s 302 om R1 (see RA s 40) pres s 302 ins 2006 No. 15 s 21 Division 4—Transitional provision for Medical Board (Administration) Act 2006 div 4 (s 303) ins 2006 No. 56 s 42 sch 1 Division 4—Transitional provision for Health Legislation Amendment Act 2006 div 4 (s 303) ins 2006 No. 46 s 99 PART 12—CONSEQUENTIAL AMENDMENTS OF ACTS pt hdg om R1 (see RA s 7(1)(k)) SCHEDULE 1—DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN amd 2001 No. 78 s 93; 2003 No. 9 s 52; 2006 No. 46 s 99A SCHEDULE 2—CONSEQUENTIAL AMENDMENTS OF ACTS om R1 (see RA s 40) SCHEDULE 3—DICTIONARY def “appellant” om 2009 No. 24 s 1107(1) def “certificate of non-practising registration” ins 2003 No. 9 s 53(2) def “certificate of registration” amd 2003 No. 9 s 53(3) def “chief health officer” amd 2005 No. 48 s 492 sch 1 def “criminal history” ins 2001 No. 78 s 94 def “executive officer” amd 2006 No. 56 s 42 sch 1 def “health service facility” ins 2006 No. 46 s 100

227 Medical Practitioners Registration Act 2001 def “information notice” amd 2009 No. 24 s 1107(2) def “non-practising registrant” ins 2003 No. 9 s 53(2) def “non-practising registration” ins 2003 No. 9 s 53(2) def “office” sub 2006 No. 56 s 42 sch 1 def “private health facility” ins 2006 No. 46 s 100 def “proposed supervisor” ins 2006 No. 46 s 100 def “public sector health service facility” ins 2006 No. 46 s 100 def “renewable registration” amd 2006 No. 15 s 22(2) def “review period” amd 2009 No. 24 s 1107(3) def “service agreement” amd 2006 No. 56 s 42 sch 1 def “short-term registration” ins 2006 No. 15 s 22(1) def “show cause notice” sub 2003 No. 9 s 53(1)–(2) def “show cause period” sub 2003 No. 9 s 53(1)–(2) def “special purpose” ins 2006 No. 46 s 100 def “supervised practice plan” ins 2006 No. 46 s 100 def “tribunal” om 2009 No. 24 s 1107(1) 8 List of forms notified or published in the gazette (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Form M1 Version July 2005—Application for Registration as a Medical Practitioner in Queensland pubd gaz 29 July 2005 p 1144 Form M2 Version July 2005—Application for Specialist Registration as a Medical Practitioner in Queensland pubd gaz 29 July 2005 p 1144 Form M3 Version July 2002—Renewal of Registration as a Medical Practitioner (General and Specialist) pubd gaz 2 August 2002 p 1289 Form M4 Version July 2003—Notice of Expiry of Registration—Application for Restoration of General Registration as a Medical Practitioner (General and Specialist) pubd gaz 18 July 2003 p 1008 Form M5 Version March 2002—Renewal of Special Purpose Registration as a Medical Practitioner pubd gaz 8 March 2002 p 932 Form M8 Version March 2002—Application for Review of Conditions on Registration pubd gaz 8 March 2002 p 932

228 Medical Practitioners Registration Act 2001 Form M9 Version March 2002—Notification of Completion of Internship as a Medical Practitioner pubd gaz 8 March 2002 p 932 Form M10 Version July 2002—Notification of Completion of Supervised Practice Program as a Medical Practitioner pubd gaz 2 August 2002 p 1289 Form M11 Version March 2002—Internship Report pubd gaz 8 March 2002 p 932 Form M12 Version March 2002—Supervised Practice Report pubd gaz 8 March 2002 p 932 Form M13 Version July 2003—Application for Non-Practising Registration as a Medical Practitioner in Queensland pubd gaz 18 July 2003 p 1008 Form M132 Version October 2004—Application for Renewal of Special Purpose Registration – Postgraduate Study or Training pubd gaz 4 February 2005 p 333 Form M133 Version October 2004—Application for Renewal of Special Purpose Registration – Supervised Training pubd gaz 4 February 2005 p 333 Form M134 Version October 2004—Application for Renewal of Special Purpose Registration – Medical Teaching and Research pubd gaz 4 February 2005 p 333 Form M135 Version October 2004—Application for Renewal of Special Purpose Registration – Area of Need pubd gaz 4 February 2005 p 333 Form M135/143A Version October 2004—Application for Renewal of Special Purpose Registration–Area of Need/Deemed pubd gaz 4 February 2005 p 333 Form M136 Version October 2004—Application for Renewal of Special Purpose Registration – Study or Training to Obtain a Qualification in a Speciality pubd gaz 4 February 2005 p 333 Form M138 Version October 2004—Application for Renewal of Special Purpose Registration – Practice in General Practice pubd gaz 4 February 2005 p 333 Form M1SP Version July 2005—Application for Registration as a Medical Practitioner (Special Purpose Registration) in Queensland pubd gaz 29 July 2005 p 1144 Form MN219 Version March 2002—Notice to Produce or Safeguard Evidence pubd gaz 8 March 2002 p 932

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