Table Of Contents

Medical Radiation Technologists Registration Act 2001

Queensland Crest
Medical Radiation Technologists Registration Act 2001
Queensland Medical Radiation Technologists Registration Act 2001 Reprinted as in force on 28 May 2012 Reprint No. 3A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before repeal Repealed by 2012 Act No. 10 s 48
Information about this reprint This Act is reprinted as at 28 May 2012. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. 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 Radiation Technologists 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 12 13 14 Division 2 15 16 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Operation of Act Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 ......................................... 12 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . 12 Objects Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Medical Radiation Technologists Board of Queensland Establishment and functions Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Board’s relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . 14 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Board’s independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Membership Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Medical Radiation Technologists Registration Act 2001 Contents 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 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 a 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 20 21 21 21 22 22 23 23 23 23 23 24 24 25 25 26 26 27 28 29 29 29 30 Page 2
Medical Radiation Technologists Registration Act 2001 Contents 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 Subdivision 8 61 62 Division 3 63 64 65 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 probationary conditions. . . . . . . . . . . . . . . . . . . . . . Relevant practical experience in the profession . . . . . . . . . . . . . . Imposition of other conditions by board . . . . . . . . . . . . . . . . . . . . Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions relating to probationary registrants Supervised practice program . . . . . . . . . . . . . . . . . . . . . . . . . . . . Person ceasing to be supervisor must give report to board or nominated entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisional general registration Meaning of authorised person for div 3 . . . . . . . . . . . . . . . . . . . . Provisional general registration of person on probationary conditions .................................... Confirmation or cancellation of provisional general registration . . 30 31 31 32 34 36 36 37 38 38 38 38 39 41 41 42 43 44 45 45 46 47 47 48 Page 3
Medical Radiation Technologists Registration Act 2001 Contents 66 67 68 69 70 71 Division 4 Subdivision 1 71A 72 72A Subdivision 2 73 74 75 Subdivision 3 76 77 78 79 Division 5 79A 80 81 82 83 84 85 Division 6 86 87 88 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . Meaning of continuing professional development 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 registration practice conditions take effect . . . . . . . . . . . . . Cancellation of general registrations Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representations about show cause notices . . . . . . . . . . . . . . . . . 49 49 50 50 51 51 52 52 52 53 53 54 55 56 56 57 58 58 58 58 59 60 60 60 61 61 Page 4
Medical Radiation Technologists Registration Act 2001 Contents 89 90 91 Division 7 92 93 94 95 96 97 98 99 100 101 Division 8 Subdivision 1 102 103 104 105 106 107 108 109 110 111 112 Subdivision 2 113 Division 9 Subdivision 1 114 115 116 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 about completion of program to board . Board to give notice to supervisor . . . . . . . . . . . . . . . . . . . . . . . . Entity to give board supervised practice report . . . . . . . . . . . . . . Board’s powers before making decision . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When decision takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure by board to make decision . . . . . . . . . . . . . . . . . . . . . . . . When additional conditions end . . . . . . . . . . . . . . . . . . . . . . . . . . Amending, replacing, or 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 104 ........................................ Further decision required if certain conditions changed. . . . . . . . Recording change, or removal, of conditions Amending, replacing, or issuing new, certificate of general registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special purpose registrations Applications for special purpose registration Undertaking of special activities relating to the profession. . . . . . Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 62 62 63 63 63 64 64 65 67 67 68 68 69 70 70 70 71 72 73 73 74 74 75 76 77 77 78 Page 5
Medical Radiation Technologists Registration Act 2001 Contents 117 118 119 120 121 122 Subdivision 2 122A 123 124 125 126 Subdivision 3 127 128 Subdivision 4 129 Division 10 130 131 132 133 134 135 135A Part 4 Division 1 136 137 138 139 140 Division 3 143 Page 6 Qualifications for special purpose registration . . . . . . . . . . . . . . . Suitability to be a special purpose registrant . . . . . . . . . . . . . . . . Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisional special purpose registration of a person . . . . . . . . . . Renewal of special purpose registrations Non-application of sdiv 2 to short-term registration . . . . . . . . . . . Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . Matters that may be considered in deciding whether to renew special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Period of renewed special purpose registration . . . . . . . . . . . . . . Cancellation of special purpose registrations Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of conditions Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of registrants and other persons Restricted titles and holding out Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to other persons’ registration. . . . . . . . . . . Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants . . . . . . . . Restrictions on registrants registered on conditions. . . . . . . . . . . Advertising Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 79 79 79 80 80 81 82 82 82 83 83 83 84 85 85 85 86 86 86 88 88 92 92 93 94 94
Medical Radiation Technologists Registration Act 2001 Contents 144 Division 4 145 Division 5 146 147 Division 6 148 149 150 Division 7 151 Part 5 Division 1 152 153 154 Division 2 155 156 157 158 159 Division 3 Subdivision 1 160 Subdivision 2 161 162 163 164 165 Subdivision 3 166 167 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 . . . . . . . . . . . . . . . . . . . . . . . . Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions Payment, or acceptance of payment, for referrals prohibited . . . . Investigation and enforcement Inspectors Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 96 96 98 100 100 100 101 102 102 102 102 103 103 103 104 104 105 106 106 107 108 109 110 Page 7
Medical Radiation Technologists Registration Act 2001 Contents 168 Subdivision 4 169 170 171 172 173 174 175 176 177 178 179 Subdivision 5 180 181 182 183 184 Division 4 185 186 187 188 189 190 Part 6 191 192 Part 7 Division 1 196 197 198 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. . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 110 111 111 112 112 113 113 114 115 115 115 116 116 117 117 117 118 119 119 120 120 120 121 121 122 122 122 Page 8
199 Division 2 200 201 202 203 204 205 206 207 Part 8 Division 1 208 209 Division 2 210 Division 3 211 212 Part 9 Division 1 213 214 215 216 217 218 219 Division 2 220 Division 3 221 222 223 Medical Radiation Technologists Registration Act 2001 Contents 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 136(1) or (6) or 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with certain health records seized under s 169 or 170 . . 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 registration of visiting practitioners . . . . . . . . . . 122 123 123 124 125 125 125 125 126 127 128 129 129 131 131 132 132 132 133 133 134 134 135 135 136 Page 9
Medical Radiation Technologists Registration Act 2001 Contents Division 4 224 225 226 227 228 229 230 231 Part 10 232 233 235 236 Schedule 1 Schedule 3 Other provisions Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . Protection for persons supervising probationary 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions First members, and chairperson and deputy chairperson, of Medical Radiation Technologists Board of Queensland . . . . . . . . Transitional provision about registration . . . . . . . . . . . . . . . . . . . . Transitional provision for graduate practitioners . . . . . . . . . . . . . . Certain Act has not been repealed. . . . . . . . . . . . . . . . . . . . . . . . Decisions for which information notices must be given . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 137 138 141 141 141 141 141 142 143 144 145 147 149 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . 159 159 160 160 161 162 166 Page 10
Medical Radiation Technologists Registration Act 2001 Part 1 Preliminary [s 1] Medical Radiation Technologists Registration Act 2001 [as amended by all amendments that commenced on or before 28 May 2012] An Act to provide for the registration of medical imaging technologists, nuclear medicine technologists and radiation therapists, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Medical Radiation Technologists 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. Reprint 3A effective 28 May 2012 Page 11
Medical Radiation Technologists Registration Act 2001 Part 1 Preliminary [s 4] 4 The legislative scheme This Act is part of a legislative scheme (the legislative scheme ) consisting of the Queensland health practitioner registration Acts, the Health Practitioner Registration Boards (Administration) Act 1999 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 Page 12 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 8] (b) to uphold the standards of practice within the professions; and (c) to maintain public confidence in the professions. (2) The objects are to be achieved mainly by— (a) establishing the Medical Radiation Technologists Board of Queensland; and (b) providing for the registration of persons under this Act; and (c) imposing obligations on persons in relation to the practice of the professions; 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 Radiation Technologists Board of Queensland Division 1 Establishment and functions 9 Establishment of board (1) The Medical Radiation Technologists Board of Queensland is established. Reprint 3A effective 28 May 2012 Page 13
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 10] (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— (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 professions 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 professions that are relevant to a person’s eligibility for registration; Example of training programs — refresher courses for persons who have not practised a profession for a number of years (h) to confer and cooperate with interstate regulatory authorities; Page 14 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 11] (i) to confer and cooperate with entities engaged in the development of national policies about the regulation of the professions; (j) to confer and cooperate with the following entities about the education of persons in the practice of the professions— (i) educational institutions; (ii) entities responsible for accrediting courses, or accrediting institutions to educate persons, for the profession; (k) to inform registrants and the public about the operation of the legislative scheme in its application to the professions; (l) to examine, and advise the Minister about, the operation of the legislative scheme in its application to the professions; (m) to monitor, and enforce, compliance with this Act; (n) to undertake research, relevant to the legislative scheme, into the regulation of the professions; (o) to collect, and give to persons, information about the practice of the professions by registrants; Example of information about the practice of the professions by registrants — the languages, other than English, spoken by registrants (p) to perform other functions given to the board under this or another Act. Example for paragraph (p) — 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. Reprint 3A effective 28 May 2012 Page 15
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 12] 12 Board’s independence etc. In performing its functions, the board is to act independently, impartially and in the public interest. 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 Health Practitioner Registration Boards (Administration) Act 1999 . (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 Page 16 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 15] (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— (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) 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 at least 7, but not more than 11, members appointed by the Governor in Council. (2) The board must include— (a) persons who are general registrants (the registrant members ); and Reprint 3A effective 28 May 2012 Page 17
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 16] (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 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 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 members. (4) Also, the registrant members must consist of at least 1 general registrant from each profession. (5) A majority of the members must be registrant members. (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 Registrant members The registrant members must consist of— (a) at least 2 general registrants nominated by the bodies the Minister considers represent the interests of registrants; and Page 18 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 17] (b) if there are educational institutions established in the State—1 general registrant nominated by the governing bodies of the institutions chosen by the Minister; and (c) at least 1 general registrant nominated by the Minister. 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(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— Reprint 3A effective 28 May 2012 Page 19
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 19] (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 (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— Page 20 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 20] (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 A member is to be appointed for a term of not more than 4 years. 21 Disqualification from membership (1) A person can not become, or continue as, a 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) A 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. Reprint 3A effective 28 May 2012 Page 21
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 23] (2) Also, a member is taken to have vacated office in any of the following circumstances— (a) if the member is a registrant member—the member stops being a general 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— (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 a member (1) The Minister may approve a leave of absence for a 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 Page 22 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 25] 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. 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. Reprint 3A effective 28 May 2012 Page 23
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 30] 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. (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. Page 24 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 32] 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. (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. (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. Reprint 3A effective 28 May 2012 Page 25
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 34] 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. (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 Page 26 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 36] (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. 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— Reprint 3A effective 28 May 2012 Page 27
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 37] (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; (c) details of the amount of the board’s funds spent, in the financial year, on investigations and inspections under part 5; (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 professions 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 professions; (f) 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. Page 28 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 2 Medical Radiation Technologists Board of Queensland [s 38] (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 . 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. Reprint 3A effective 28 May 2012 Page 29
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 41] 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 in a profession 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 in the profession; 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 in the profession, written details of any conditions of the registration. (2) The approved form may require the disclosure of the applicant’s criminal history. Page 30 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 43] (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 in a profession is eligible for general registration in the profession if— (a) the applicant is qualified for general registration in the profession 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 in the profession by imposing conditions on the registration under section 59. (3) Also, section 57 states when an applicant’s general registration must be subject to probationary conditions. 44 When applicant is qualified for general registration (1) An applicant for general registration in a profession is qualified for general registration in the profession if— (a) the applicant has a qualification in the profession prescribed under a regulation; or (b) the applicant has a qualification in the profession that is substantially equivalent to, or based on similar competencies to that required for, a current Australian or New Zealand qualification; or (c) the applicant has passed a qualifying examination in the profession set by or for, or recognised by, the board. Reprint 3A effective 28 May 2012 Page 31
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 45] (2) In deciding whether subsection (1)(b) is satisfied, the board may have regard to the following— (a) the advice and recommendations of— (i) an entity recognised by the board as competent to assess qualifications in the profession; or (ii) an entity responsible for accrediting courses, or accrediting institutions to educate persons, for the profession; (b) the attributes of the course leading to the applicant’s qualification; Example of attributes of a course — the course objectives and competencies (c) any other relevant issue. (3) In this section— current Australian or New Zealand qualification , in a profession, means an Australian or New Zealand qualification in the profession, mentioned in a regulation made under subsection (1)(a), 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 general registration, by the educational institution mentioned in relation to the qualification. 45 Fitness to practise the profession (1) In deciding whether an applicant for general registration in a profession 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 in the profession or is, or has been, registered under a Page 32 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 45] corresponding law in the profession 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) for an applicant who holds, or has held, a licence, certificate or approval under the Radiation Safety Act 1999 — (i) if the licence, certificate or approval was affected by the imposition of a condition—the nature of the condition and the reason for its imposition; or (ii) if the licence, certificate or approval was affected by its suspension or cancellation—the reason for the suspension or cancellation; (f) if the qualification relied on by the applicant to obtain registration was conferred or awarded on a day (the qualification day ) that 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; (g) any other issue relevant to the applicant’s ability to competently and safely practise the profession. (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 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— Reprint 3A effective 28 May 2012 Page 33
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 46] (i) against the Radiation Safety Act 1999 , the Health Act 1937 or the Fair Trading Act 1989 ; or Note — An offence against the Fair Trading Act 1989 includes an offence against the Australian Consumer Law (Queensland) which forms part of that Act. (ii) against another law applying, or that applied, in the State, the Commonwealth, another State or a foreign country. (3) For subsection (1)(f)— (a) the passing of an examination mentioned in section 44(1)(c) is taken to be a qualification; and (b) the day the examination was passed is taken to be the qualification day. (4) The board may ask the commissioner of the police service for a written report about the applicant’s criminal history. (5) 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. (6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the report. 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 Page 34 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 46] 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 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 profession to which the application relates. (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 (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 Reprint 3A effective 28 May 2012 Page 35
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 47] (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 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— Page 36 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 49] (a) the person’s findings as to the applicant’s mental and physical capacity to competently and safely practise the profession to which the applicant’s application relates; 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 in the profession 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— (a) a review of conditions under division 8; or (b) a review by QCAT under part 6; or (c) proceedings under the Health Practitioners (Professional Standards) Act 1999 , not including proceedings for an offence against that Act. Reprint 3A effective 28 May 2012 Page 37
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 50] 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 in the profession to which the application relates. 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 (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. Page 38 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 54] (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. Editor’s note — If the applicant is registered as a provisional general registrant, section 71 states when the board is taken to have decided to refuse to register the applicant as a general registrant. (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 (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. Reprint 3A effective 28 May 2012 Page 39
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 54] (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. (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. Page 40 Reprint 3A effective 28 May 2012
Subdivision 5 Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 55] 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 profession to which the registration relates; (c) the period of the registration; (d) any conditions of registration, including, for example, any probationary conditions. Subdivision 6 Period of general registration 56 Period (1) The period of registration that is to apply to general registrants in a profession 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 in a profession during a general registration period for the profession, 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. Reprint 3A effective 28 May 2012 Page 41
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 57] Subdivision 7 Conditions of general registration 57 Imposition of probationary conditions (1) This section applies if— (a) the board decides to register an applicant for general registration in a profession as a general registrant in the profession; and (b) the applicant— (i) has not completed, to the board’s satisfaction, the supervised practice program for the profession; and (ii) does not, in the board’s reasonable opinion, have relevant practical experience in the profession. (2) The board must impose the following conditions on the registration— (a) for a registrant who has not, in the board’s reasonable opinion, practised in the profession— (i) that the registrant may practise the profession only in accordance with the supervised practice program for the profession; and (ii) that the registrant must complete, to the board’s satisfaction, the supervised practice program within the period prescribed under a regulation; (b) for a registrant who has practised in the profession but does not, in the board’s reasonable opinion, have relevant practical experience— (i) that the registrant may practise the profession only in accordance with the part of the supervised practice program (the partial program ) decided by the board for the registrant; and (ii) that the registrant must complete, to the board’s satisfaction, the partial program within the period decided by the board. Page 42 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 58] (3) In deciding the part of the supervised practice program 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 any practice in the profession by the applicant, including, for example, any practice undertaken as part of a qualification in the profession the applicant has in addition to the qualification for registration; (b) any reports from persons who have supervised the applicant in the practice of the profession. (4) The board may have regard to practice mentioned in subsection (3)(a) whether or not the practice has been undertaken under supervision. (5) The board must as soon as practicable give the applicant an information notice about the conditions. (6) Despite subsection (5), if in the application the applicant does not claim to have practised in the profession, the applicant is not entitled to an information notice merely because probationary conditions are imposed on the applicant’s registration. 58 Relevant practical experience in the profession (1) An applicant has relevant practical experience in a profession if the applicant has experience in the practice of the profession that is substantially equivalent to the nature and extent of the practice of the profession provided under the supervised practice program. (2) To remove doubt, it is declared that an applicant’s experience in the practice of a profession may be substantially equivalent to the practice of the profession provided under the supervised practice program even if the applicant’s practice was not undertaken under the supervision of a registrant. (3) In deciding whether an applicant has relevant practical experience in a profession, the board may have regard to the following— Reprint 3A effective 28 May 2012 Page 43
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 59] (a) any qualifications in the profession the applicant has in addition to the qualifications for general registration; (b) the nature and extent of any practice in the profession by the applicant; (c) reports from persons who have supervised the applicant in the practice of the profession; (d) advice and recommendations about the applicant from an entity recognised by the board as competent to assess the applicant’s ability to meet the competencies stated for the supervised practice program for the profession; (e) any other relevant issue. 59 Imposition of other conditions by board (1) In addition to any conditions imposed under section 57, the board may decide to register an applicant for general registration in a profession as a general registrant in the profession 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; and Editor’s note — The conditions may be reviewed under division 8 (Reviewing conditions of general registrations). (b) give the applicant an information notice about the decisions. (3) If the board decides to register an applicant for general registration as a general registrant on conditions because of Page 44 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 60] 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. Subdivision 8 Provisions relating to probationary registrants 61 Supervised practice program (1) A supervised practice program for a profession is a program, prescribed under a regulation, that provides experience, for probationary registrants, in the practice of the profession. (2) Without limiting subsection (1), a regulation prescribing a program may provide for the following— (a) the number of hours of practice of the profession to be undertaken and the frequency with which the practice must be undertaken; (b) what constitutes practice of the profession for the program; (c) the requirements for the professional practice settings in which the practice of the profession must be undertaken; (d) the activities to be undertaken during the program; (e) the competencies registrants must demonstrate to complete the program; Reprint 3A effective 28 May 2012 Page 45
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 62] (f) the minimum period during which the program may be completed. (3) Also, a regulation prescribing a program may provide for matters incidental to the program, including, for example— (a) the responsibilities, under the program, of probationary registrants and supervisors and other persons who supervise probationary registrants; and (b) the requirements for probationary registrants to keep records and prepare reports relevant to the program, including, for example, log books; and (c) the board’s power to require a probationary registrant, the registrant’s supervisor and other persons who supervise the probationary registrant in undertaking the supervised practice program, to provide information or documents, or prepare reports, about the registrant’s progress and performance in undertaking the program. 62 Person ceasing to be supervisor must give report to board or nominated entity (1) This section applies if— (a) a person is the supervisor for a probationary registrant; and (b) the person ceases to be the registrant’s supervisor. (2) The person must, within 28 days after ceasing to be the probationary registrant’s supervisor, give a report about the registrant to— (a) if an entity or entities have been prescribed under a regulation—the prescribed entity decided by the board; or (b) otherwise—the board. Maximum penalty—10 penalty units. (3) The report must be in the approved form or, if a form has not been approved, must include the details prescribed under a regulation. Page 46 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 63] (4) Subsection (2) does not apply if a person ceases to be a probationary registrant’s supervisor because the board decides, under section 97(3), that the registrant must undertake the supervised practice program under the supervision of another supervisor. Division 3 Provisional general registration 63 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 in a profession— (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. 64 Provisional general registration of person on probationary conditions (1) This section applies to an applicant for general registration in a profession who does not, in the applicant’s application, claim to have practised in the profession. (2) Subsection (3) applies if an authorised person reasonably considers— (a) the applicant is eligible for the registration without conditions (other than probationary 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 wait for the board to consider the application. Reprint 3A effective 28 May 2012 Page 47
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 65] (3) The authorised person may decide to register the applicant as a provisional general registrant in the profession on the probationary conditions mentioned in section 57(2)(a). (4) Subsection (5) applies if an authorised person or the board— (a) reasonably considers, subject to an applicant for general registration in a profession giving the board further evidence of the applicant’s relevant qualifications, the applicant is eligible for the registration without conditions (other than probationary conditions); or (b) reasonably considers— (i) an applicant for general registration in a profession would be eligible for the registration without conditions (other than probationary 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 in the profession on the probationary conditions mentioned in section 57(2)(a). (6) If the authorised person or board decides to register the applicant as a provisional general registrant, the authorised person or board must as soon as practicable issue a certificate of provisional general registration to the applicant. (7) The provisional general registration of a person must not be on conditions, other than probationary conditions mentioned in section 57(2)(a). 65 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 Page 48 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 66] 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. 66 Procedure after cancellation of provisional general registration (1) This section applies if the board decides, under section 65, 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. 67 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; Reprint 3A effective 28 May 2012 Page 49
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 68] (b) the profession to which the registration relates; (c) the period of the registration; (d) the condition that the registrant may practise the profession only in accordance with the probationary conditions mentioned in section 57(2)(a). 68 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. 69 Board decides to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant in a profession; and (b) the board decides to register the person as a general registrant in the profession. (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 in the profession; and (b) is subject to the probationary conditions to which the provisional general registration was subject. (4) The probationary conditions are taken to have been imposed under section 57(2)(a). Page 50 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 70] 70 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 in a profession; and (b) the board decides to refuse to register the person as a general registrant in the profession. (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. 71 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 in a profession; 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 in the profession. (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. Reprint 3A effective 28 May 2012 Page 51
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 71A] Division 4 Renewal of general registrations Subdivision 1 Preliminary 71A Non-application of div 4 to short-term registration This division does not apply to a short-term registration. 72 Meaning of recency of practice requirements (1) Recency of practice requirements , for a profession, are requirements, prescribed under a regulation, that if satisfied demonstrate that an applicant for renewal of a general registration in the profession 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 research, study or teaching, relating to the profession, undertaken by the applicant; (c) the nature and extent of any administrative work, relating to the profession, performed by the applicant. 72A Meaning of continuing professional development requirements Continuing professional development requirements , for a profession, are requirements, prescribed under a regulation, that if satisfied demonstrate that an applicant for renewal of a general registration in the profession has undertaken adequate continuing education or training in the profession. Page 52 Reprint 3A effective 28 May 2012
Subdivision 2 Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 73] Applications for renewal of general registrations 73 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. 74 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 73; and (b) ending immediately before the expiry. (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 Reprint 3A effective 28 May 2012 Page 53
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 75] applicant knows or ought reasonably to know adversely affects the applicant’s ability to competently and safely practise the profession to which the application relates; Editor’s note — 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. (b) if there are recency of practice requirements or continuing professional development requirements for the profession relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 75 General registration taken to be in force while application is considered (1) If an application is made under section 74, 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 79(1); or (b) if the board decides to refuse to renew the applicant’s general registration—the day an information notice about the decision is given to the applicant under section 79(2); or (c) if the application is taken to have been withdrawn under section 76(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 . Page 54 Reprint 3A effective 28 May 2012
Subdivision 3 Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 76] Decision on applications 76 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 or continuing professional development requirements for the profession to which the application relates, 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 to which the application relates. (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 (b) does not undergo an examination under subsection (1)(c). Reprint 3A effective 28 May 2012 Page 55
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 77] 77 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 and continuing professional development requirements for the profession to which the application relates. Editor’s note — Under section 78(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 for the profession to which the applicant’s application relates. (3) If there are no recency of practice requirements or continuing professional development requirements for the profession relevant to the applicant, the board must decide to renew the applicant’s general registration. 78 Requirements are not satisfied (1) This section applies if the board is not satisfied the applicant has satisfied recency of practice requirements or continuing professional development requirements for the profession to which the application relates. (2) The board may decide to renew the applicant’s general registration on conditions ( registration 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 registration 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 Page 56 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 79] (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 (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 registration practice conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions; and Editor’s note — The conditions may be reviewed under division 8 (Reviewing conditions of general registrations). (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. 79 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 78(2), if the board decides to renew the applicant’s general registration, the renewed general registration is subject to the conditions attaching to the registration immediately before the decision takes effect, including, for example, probationary conditions. Reprint 3A effective 28 May 2012 Page 57
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 79A] Editor’s note — The conditions may include conditions imposed under the Health Practitioners (Professional Standards) Act 1999. Division 5 Restoration of general registrations 79A Non-application of div 5 to short-term registration This division does not apply to a short-term registration. 80 Application of div 4, sdivs 1 and 3 For restoring a general registration, division 4, subdivisions 1 and 3, other than sections 78(5) and 79(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. 81 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. 82 Procedural requirements for applications (1) The application must— (a) be in the approved form; and (b) be accompanied by— Page 58 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 83] (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. (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 to which the application relates; Editor’s note — 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. (b) if there are recency of practice requirements or continuing professional development requirements for the profession relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 83 Period of restored registration If the board decides to restore the applicant’s general registration in a profession during a general registration period for the profession, 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. Reprint 3A effective 28 May 2012 Page 59
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 84] 84 Conditions of expired registration Without affecting section 78(2), as applied by section 80, 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. 85 When registration practice conditions take effect If the board decides to restore the applicant’s general registration on registration practice conditions, the imposition of the conditions takes effect when the information notice about the decision is given by the board to the applicant. Division 6 Cancellation of general registrations 86 Grounds for cancellation A general registration may be cancelled, under this division, on any of the following grounds— (a) 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 226(1), at the time it was given; or (ii) became materially false, within the meaning given by section 226(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 probationary conditions mentioned in section 57(2)(a)—that the registrant has failed to complete, to the board’s satisfaction, the supervised practice program within the period stated in section 57(2)(a)(ii); Page 60 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 87] (d) for a registration on probationary conditions mentioned in section 57(2)(b)—that the registrant has failed to complete, to the board’s satisfaction, the supervised practice program within the period decided by the board under section 57(2)(b)(ii); (e) for a registration on probationary conditions extended under section 97(1)(b)(ii)—that the registrant has failed to complete, to the board’s satisfaction, the supervised practice program within the extended period. 87 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. 88 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). Reprint 3A effective 28 May 2012 Page 61
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 89] 89 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. 90 Cancellation (1) This section applies if, after considering the accepted representations for the show cause notice, the board— (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. 91 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 Page 62 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 92] 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 92 Review of probationary conditions Probationary conditions may be reviewed under this division. 93 Registrant to give notice about completion of program to board (1) A probationary registrant must, within 7 days of completing the supervised practice program, or the partial program, give notice of the completion to the board. (2) The notice must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. 94 Board to give notice to supervisor (1) The board— (a) must, as soon as practicable after receiving the probationary registrant’s notice under section 93; or (b) may, while the registrant is undertaking the supervised practice program; give a notice to the registrant’s supervisor. (2) The notice must require the supervisor to give, within a reasonable time of at least 30 days stated in the notice, a supervised practice report for the probationary registrant to— Reprint 3A effective 28 May 2012 Page 63
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 95] (a) if an entity or entities have been prescribed under a regulation—the prescribed entity decided by the board; or (b) otherwise—the board. (3) The supervisor must comply with the board’s notice, unless the supervisor has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 95 Entity to give board supervised practice report (1) This section applies if, under section 94(2), the supervisor gives the supervised practice report to an entity other than the board. (2) The entity must, within 30 days after receiving the report, give the board the entity’s written assessment of whether the probationary registrant has satisfactorily completed the supervised practice program. Maximum penalty—10 penalty units. (3) The entity is entitled to be paid by the board for the entity’s work in preparing the written assessment. 96 Board’s powers before making decision (1) Before making its decision under section 97, the board— (a) may investigate the probationary 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 Page 64 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 97] (d) may, by notice given to the registrant’s supervisor or another relevant person, require the supervisor or relevant person 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. (2) The board may require the information or document mentioned in subsection (1)(b) or (d) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess the probationary registrant’s ability to competently and safely practise the profession. (4) In this section— relevant person means— (a) a person who was previously the registrant’s supervisor; or (b) another person who supervised the registrant in undertaking the supervised practice program, or the partial program. 97 Decision (1) After reviewing the supervised practice report, or the entity’s assessment of a supervised practice report, and any other relevant information or document about the probationary registrant, the board must decide— (a) if the board is satisfied the probationary registrant has satisfactorily completed the program, or the partial program—to remove the probationary conditions; or (b) otherwise— (i) to cancel the registrant’s registration under division 6; or (ii) extend the probationary conditions, for a period of not more than 1 year, by requiring the registrant to undertake a part of the program decided by the Reprint 3A effective 28 May 2012 Page 65
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 97] board if the board reasonably considers the registrant will satisfactorily complete the program during the period. (2) Subsection (1)(b)(ii) applies despite section 57(2)(a)(ii) or (b)(ii). (3) If the board decides to extend the probationary conditions, it may also impose additional conditions about the requirements for completing the program on the probationary registrant’s registration, including, for example, requiring the registrant to undertake the partial program at a stated place or under the supervision of a stated supervisor. (4) If the board does not receive the supervised practice report within the time stated in section 94(2), or the entity’s assessment of the supervised practice report within the time stated in section 95(2), the board must make a decision mentioned in subsection (1) on the basis of other relevant information or documents about the probationary registrant. (5) If the board decides— (a) to extend the probationary conditions, it must, as soon as practicable after making the decision, give the probationary registrant an information notice about the decision; or (b) to extend the probationary conditions and impose additional conditions about the requirements for completing the program, it must as soon as practicable give the registrant an information notice about the decision; or (c) to remove the probationary conditions, it must give the registrant written notice of the decision. (6) In this section— relevant information or document , about a probationary registrant, includes— (a) a report about the registrant given to the board or another entity under section 62 or 95; and Page 66 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 98] (b) information or a document about the registrant obtained by the board under section 96; and (c) information or a document about the registrant obtained by the board under a regulation under section 61(3). 98 When decision takes effect (1) If the board decides to extend the probationary conditions, or to extend the probationary conditions and impose additional conditions, the decision takes effect when an information notice about the decision is given to the probationary registrant under section 97(5)(a) or (b). (2) If the board decides to remove the conditions, the removal takes effect when notice of the decision is given to the probationary registrant under section 97(5)(c) and does not depend on a new certificate of general registration being issued to the registrant under section 101(5). 99 Failure by board to make decision (1) This section applies if the board fails to make a decision under section 97— (a) within 60 days after receiving the supervised practice report or the assessment of the supervised practice report; or (b) if the board does not receive the report or assessment, within 60 days of the latest day on which the board should have received the report or assessment. (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 96(1)(b), required the probationary registrant to give the board further information or a document; or (b) under section 96(1)(c), required the registrant to undergo an examination; or Reprint 3A effective 28 May 2012 Page 67
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 100] (c) under section 96(1)(d), required the registrant’s supervisor or another relevant person to give the board information or a document. (4) The board is taken to have decided to confirm the probationary conditions if the board fails to decide the application 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. 100 When additional conditions end (1) This section applies if the board decides to extend a probationary registrant’s probationary conditions and impose additional conditions on the registration. (2) The conditions remain in force until the earlier of the following days— (a) the day the probationary conditions are removed, under section 97(1)(a), from the probationary registrant’s registration; (b) if the board’s decision under section 97(1)(b)(ii) states a day on which the conditions are to end, the stated day. 101 Amending, replacing, or issuing new, certificate of general registration (1) Subsections (2) and (3) apply if a probationary registrant receives an information notice, under section 97(5)(a) or (b), about a decision to extend probationary conditions or to extend probationary conditions and impose additional conditions. (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. Page 68 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 102] (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 probationary registrant receives a notice, under section 97(5)(c), about a decision to remove the probationary 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 probationary conditions. (6) If additional conditions imposed on a probationary registrant’s general registration end under section 100(2), the board must as soon as practicable after the additional conditions end issue another certificate of general registration to the registrant that does not mention the additional conditions. Division 8 Reviewing conditions of general registrations Subdivision 1 Review of conditions imposed by the board or QCAT 102 Review of conditions Conditions, other than probationary conditions and conditions imposed under section 97(3), imposed on a general registration under this Act may be reviewed under this division. Reprint 3A effective 28 May 2012 Page 69
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 103] 103 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 108. 104 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. 105 Board’s powers before making decision (1) Before making its decision under section 108, 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 Page 70 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 106] 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 108(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 to which the registrant’s registration relates. (4) Subject to section 108(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 to which the registrant’s registration relates. (5) 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. 106 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 105(1)(d). (2) Sections 47 to 50 apply as if— Reprint 3A effective 28 May 2012 Page 71
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 107] (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 105(1)(d). 107 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 103. (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 105(1)(b); or (b) does not undergo an examination under section 105(1)(c); or (c) does not undergo an assessment under section 105(1)(d). (3) A notice under section 105(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 104. (5) The board is taken to have decided to confirm the conditions if, within the stated time, the registrant— (a) does not comply with a requirement under section 105(1)(b); or (b) does not undergo an examination under section 105(1)(c); or (c) does not undergo an assessment under section 105(1)(d). (6) A notice under section 105(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. Page 72 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 108] 108 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 to which the registrant’s registration relates. (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. 109 When decision takes effect (1) If the board decides to confirm the conditions, the decision takes effect when it is made. (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 108(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 108(5) and does not depend on a new Reprint 3A effective 28 May 2012 Page 73
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 110] certificate of general registration being issued to the registrant under section 113(5). 110 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 103 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 105(1)(b), required the applicant to give the board further information or a document; or (b) under section 105(1)(c), required the applicant to undergo an examination; or (c) under section 105(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. 111 Failure by board to make decision on review agreed to under s 104 (1) Subject to subsections (2) and (3), if the board fails to make a decision on a review agreed to under section 104 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— Page 74 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 112] (a) under section 105(1)(b), required the registrant to give the board further information or a document; or (b) under section 105(1)(c), required the registrant to undergo an examination; or (c) under section 105(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. 112 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. Reprint 3A effective 28 May 2012 Page 75
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 113] Subdivision 2 Recording change, or removal, of conditions 113 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 108(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 108(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. Page 76 Reprint 3A effective 28 May 2012
Division 9 Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 114] Special purpose registrations Subdivision 1 Applications for special purpose registration 114 Undertaking of special activities relating to the profession A person may obtain special purpose registration to undertake 1 or more of the following activities (the special activities ) relating to a profession— (a) study or train at postgraduate level; (b) teach; (c) engage in research; (d) give clinical demonstrations. 115 Application of divs 2 and 3 (1) For a person being registered as a special purpose registrant, division 2 (other than subdivisions 2, 6, 7 and 8) and division 3 (other than sections 64 and 67(2)(d)) 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 Reprint 3A effective 28 May 2012 Page 77
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 116] (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 provisional special purpose registration, must also provide for the inclusion of details of the special activity for which the registrant is registered. 116 Eligibility An applicant for special purpose registration in a profession is eligible for special purpose registration in the profession if the applicant— (a) has a qualification required for special purpose registration in the profession; and (b) is a suitable person to be a special purpose registrant. 117 Qualifications for special purpose registration (1) An applicant for special purpose registration in a profession has a qualification required for special purpose registration in the profession if the applicant is the holder of a qualification in the profession recognised by the board. (2) In deciding whether to recognise the qualification, the board may have regard to the following— (a) whether the course leading to the qualification has been accredited by an entity responsible for accrediting courses for the profession; (b) whether the educational institution conferring or awarding the qualification has been accredited by an entity responsible for accrediting institutions to educate persons for the profession; (c) the advice and recommendations of an entity recognised by the board as competent to assess qualifications in the profession. Page 78 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 118] 118 Suitability to be a special purpose registrant In deciding whether an applicant for special purpose registration in a profession is a suitable person to be a special purpose registrant in the profession, the board may have regard to the following— (a) whether the applicant has been convicted of an indictable offence; (b) whether the applicant has been convicted of an offence against this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (c) if the applicant has been registered under this Act in the profession or is, or has been, registered under a corresponding law in the profession 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; (d) any other issue relevant to the applicant’s ability to undertake the special activity the subject of the application. 119 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. 120 Imposition of conditions by board (1) The board may decide to register the applicant as a special purpose registrant on conditions, other than probationary Reprint 3A effective 28 May 2012 Page 79
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 121] conditions, the board considers necessary or desirable for the applicant to competently and safely undertake the special 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. 121 Contravention of conditions A special purpose registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. 122 Provisional special purpose registration of a person (1) Subsection (2) applies if an authorised person reasonably considers— (a) an applicant for special purpose registration in a profession is eligible for the 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 in the profession. (3) Subsection (4) applies if an authorised person or the board— (a) reasonably considers, subject to an applicant for special purpose registration in a profession giving the board further evidence of the applicant’s relevant qualification in the profession, the applicant is eligible for the registration without conditions; or (b) reasonably considers— Page 80 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 122A] (i) an applicant for special purpose registration in a profession would be eligible for special purpose registration in the profession 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 in the profession. (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 in the profession to the applicant. (6) The provisional special purpose registration of a person must not be on conditions. (7) In this section— authorised person has the meaning given by section 63, as applied by section 115(1). Subdivision 2 Renewal of special purpose registrations 122A Non-application of sdiv 2 to short-term registration This subdivision does not apply to a short-term registration. Reprint 3A effective 28 May 2012 Page 81
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 123] 123 Application of div 4, sdivs 2 and 3 For renewing a special purpose registration, division 4, subdivisions 2 and 3, other than sections 74(5)(a) and 79(3) and the provisions to the extent to which they relate to recency of practice requirements and continuing professional development 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. 124 Matters that may be considered in deciding whether to renew special purpose registrations In deciding whether to renew a special purpose registration, the board may have regard to the matters to which the board may have regard in deciding whether a proposed special purpose registrant is a suitable person to be a special purpose registrant. Editor’s note — See section 118 (Suitability to be a special purpose registrant) for a list of the matters. 125 Imposition of conditions by board (1) The board may decide to renew a special purpose registration on conditions, other than probationary conditions, the board considers necessary or desirable for the registrant to Page 82 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 126] competently and safely undertake the special activity the subject of the registration. (2) 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. (3) To remove doubt, it is declared that any conditions attaching to the registration immediately before its renewal do not continue to apply to the registration on its renewal. 126 Period of renewed special purpose registration 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. Subdivision 3 Cancellation of special purpose registrations 127 Application of div 6 For cancelling a special purpose registration, division 6, other than section 86, 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. 128 Grounds for cancellation Each of the following is a ground for cancelling a special purpose registration— (a) the registrant has practised the profession to which the registration relates other than for the special activity for which the registrant is registered; Reprint 3A effective 28 May 2012 Page 83
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 129] (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; (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 226(1), at the time it was given; or (ii) became materially false, within the meaning given by section 226(1), after it was given; (f) the registrant ceases to have, or does not have, the qualifications necessary for registration. Subdivision 4 Removal of conditions 129 Removal (1) This section applies if the board reasonably believes the conditions imposed on a special purpose registration under this Act are no longer necessary or desirable for the registrant to competently and safely undertake the special 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 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. Page 84 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 130] (5) The removal takes effect when notice of the decision is given to the registrant and does not depend on another certificate of special purpose registration being issued. Division 10 General provisions about registrations 130 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 in a profession; or (b) restore a person’s registration in a profession. (2) The person is taken to be registered under this part in the profession. 131 Surrender of registrations (1) A registrant may surrender the registration 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 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. 132 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. Reprint 3A effective 28 May 2012 Page 85
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 133] (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. 133 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. 134 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. 135 Notification of certain events to interstate regulatory authorities and other entities (1) This section applies if— (a) a person’s general registration or special purpose registration is cancelled under this Act; or (b) conditions are imposed, under this Act, on a person’s general registration or special purpose registration; or Page 86 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 3 Registration [s 135] (c) conditions on a person’s general 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 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) Medicare Australia; (h) the Health Quality and Complaints Commission; (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. Reprint 3A effective 28 May 2012 Page 87
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 135A] regulatory authorities means boards established under the health practitioner registration Acts. 135A Short-term registration (1) An application may be made under this part for general 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. Part 4 Obligations of registrants and other persons Division 1 Restricted titles and holding out 136 Taking of restricted titles etc. (1) A person who is not a registrant in a profession must not take or use a restricted title for the profession. Maximum penalty—1000 penalty units. Page 88 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 136] Examples of an individual taking or using a restricted title — 1 AB describes himself or herself as ‘AB, radiographer’ 2 AB describes himself or herself as ‘AB, nuclear medicine technologist’ 3 AB describes himself or herself as ‘AB, radiation therapist’ Examples of a corporation taking or using a restricted title — 1 ABC Pty Ltd describes itself as ‘ABC Pty Ltd, radiographers’ 2 a corporation having a restricted title as part of its name (2) Subsection (1) does not apply to a person if— (a) the person takes or uses a restricted title for a profession as part of a business name for a business providing professional services in the profession; and (b) in the carrying on of the business by the person, a registrant in the profession provides professional services in the profession. (3) Also, subsection (1) does not apply to a person if— (a) the person is undertaking study or training in the practice of a profession to obtain a qualification for registration in the profession; and (b) the person takes or uses a restricted title for the profession, 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 in a profession, use a restricted title for the profession. Maximum penalty—1000 penalty units. (5) Subsection (4) does not apply to the first person if— (a) the other person is undertaking study or training in the practice of the profession to obtain a qualification for registration in the profession; and Reprint 3A effective 28 May 2012 Page 89
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 136] (b) the first person uses the restricted title for the profession 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 in a profession 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) if the profession is the medical imaging technology profession, the person is a medical imaging technologist or radiographer; or (b) if the profession is the nuclear medicine technology profession, the person is a nuclear medicine technologist; or (c) if the profession is the radiation therapy profession, the person is a radiation therapist; or (d) the person is authorised or qualified to practise the profession. Maximum penalty—500 penalty units. (7) However, subsection (6)(d) does not apply to a person who takes or uses a title (other than a restricted title), name, initial, symbol, word or description that indicates or could be reasonably understood to indicate the person is authorised to practise a profession if the person— (a) holds a use licence under the Radiation Safety Act 1999 to carry out a radiation practice using a radiation source; and (b) takes or uses the title (other than a restricted title), name, initial, symbol, word or description in a way that, having regard to the circumstances in which it is used, indicates or could be reasonably understood to indicate the person is authorised to use the source under the licence for the practice. Page 90 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 136] (8) 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 in a profession 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) if the profession is the medical imaging technology profession, the other person is a medical imaging technologist or radiographer; or (b) if the profession is the nuclear medicine technology profession, the other person is a nuclear medicine technologist; or (c) if the profession is the radiation therapy profession, the other person is a radiation therapist; or (d) the other person is authorised or qualified to practise the profession. Maximum penalty—500 penalty units. (9) However, subsection (8)(d) does not apply if the first person uses a title (other than a restricted title), name, initial, symbol, word or description that indicates or could be reasonably understood to indicate the other person is authorised to practise a profession if— (a) the other person holds a use licence under the Radiation Safety Act 1999 to carry out a radiation practice using a radiation source; and (b) the first person uses the title (other than a restricted title), name, initial, symbol, word or description in a way that, having regard to the circumstances in which it is used, indicates or could be reasonably understood to indicate the other person is authorised to use the source under the licence for the practice. (10) A person does not commit an offence against this section if the person, other than for the purpose of providing a health service— (a) takes or uses a restricted title; or Reprint 3A effective 28 May 2012 Page 91
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 137] (b) takes or uses a title (other than a restricted title), name, initial, symbol, word or description that indicates, or could be reasonably understood to indicate, the person is a radiographer. Example for subsection (10)(a) — An industrial radiographer using the title ‘radiographer’, and not providing a health service, would not commit an offence against this section. 137 Claims by persons as to registration A person who is not a registrant in a profession must not— (a) claim, or hold himself or herself out, to be registered under this Act in the profession; or (b) allow himself or herself to be held out as being registered under this Act in the profession; or (c) claim, or hold himself or herself out, to be eligible to be registered under this Act in the profession. Maximum penalty—1000 penalty units. 138 Claims by persons as to other persons’ registration A person must not hold out another person as being registered under this Act in a profession if the person knows, or ought reasonably to know, the other person is not registered under this Act in the profession. Maximum penalty—1000 penalty units. Example — A person carrying on a business providing medical imaging technology services must not hold out that an employee of the person is a medical imaging technologist if the person knows the employee is not a medical imaging technologist. Page 92 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 139] 139 Restrictions on special purpose registrants, provisional general registrants and provisional special purpose 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 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. (3) 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. Reprint 3A effective 28 May 2012 Page 93
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 140] 140 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 3 Advertising 143 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— (i) a professional service provided by another person; or (ii) a business providing professional services; or (iii) a registrant. Maximum penalty—200 penalty units. Page 94 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 144] (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 to which the registration relates 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. 144 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 on the Business Names Register or held under business names legislation) is stated in the advertisement. Note — See also the Business Names Registration Act 2011 (Cwlth), section 18 (Offence—carrying on a business under an unregistered business name). 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. Reprint 3A effective 28 May 2012 Page 95
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 145] (3) For subsection (1)(b), a name is held under business names legislation only if it is held under— (a) the Business Names Registration Act 2011 (Cwlth), section 54; or (b) the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth), schedule 1, item 5. (4) In this section— Business Names Register means the register established and maintained under the Business Names Registration Act 2011 (Cwlth), section 22. Division 4 Registrants’ autonomy 145 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 146 Persons may be prohibited from supplying health services etc. (1) This section applies if a person is convicted of an offence against section 136, 137, 138, 143(1)(a), (2) or (3), 145(1) or 149. Page 96 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 146] (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. (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. Reprint 3A effective 28 May 2012 Page 97
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 147] (8) A person must not contravene an order under subsection (3) or (5). Maximum penalty for subsection (8)—1000 penalty units. 147 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 136, 137, 138, 143(1)(a), (2) or (3) or 145(1). (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, Page 98 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 147] 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. (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. Reprint 3A effective 28 May 2012 Page 99
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 148] Division 6 Reprisals 148 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 or section 143(1)(a), (2) or (3) or 145(1); or (b) anybody has given, or may give, evidence to the court in proceedings for an offence against division 1 or section 143(1)(a), (2) or (3) or 145(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. 149 Offence for taking reprisal A person who takes a reprisal commits an offence. Maximum penalty—167 penalty units or 2 years imprisonment. 150 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. Page 100 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 4 Obligations of registrants and other persons [s 151] (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 151 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. Reprint 3A effective 28 May 2012 Page 101
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 152] Part 5 Investigation and enforcement Division 1 Inspectors 152 Functions of inspectors An inspector has the function of conducting investigations and inspections to enforce compliance with this Act. 153 Powers of inspectors For this Act, an inspector has the powers given to the person under this Act. 154 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 155 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. Page 102 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 156] 156 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. 157 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. 158 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. Reprint 3A effective 28 May 2012 Page 103
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 159] 159 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. Division 3 Powers of inspectors Subdivision 1 Entry of places 160 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. Page 104 Reprint 3A effective 28 May 2012
Subdivision 2 Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 161] Procedure for entry 161 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 160(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— (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 160(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. Reprint 3A effective 28 May 2012 Page 105
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 162] 162 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 163 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. Page 106 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 164] 164 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. (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. Reprint 3A effective 28 May 2012 Page 107
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 165] (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 (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant. 165 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 164(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; Page 108 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 166] (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 166 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. (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. Reprint 3A effective 28 May 2012 Page 109
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 167] (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. 167 Failure to help inspector (1) A person required to give reasonable help under section 166(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 166(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. 168 Failure to give information (1) A person of whom a requirement is made under section 166(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 169 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 Page 110 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 170] reasonably believes the thing is evidence of an offence against this Act. 170 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. (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. 171 Securing seized things Having seized a thing, an inspector may— Reprint 3A effective 28 May 2012 Page 111
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 172] (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 172 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. 173 Powers to support seizure (1) To enable a thing to be seized, an inspector may require the person in control of it— (a) to take it to a stated reasonable place by a stated reasonable time; and (b) if necessary, to remain in control of it at the stated place for a reasonable time. (2) The requirement— (a) must be made by 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. Page 112 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 174] (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. 174 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. 175 Forfeiture of seized things (1) A seized thing is forfeited to the State if the inspector who seized the thing— (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts; 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 Reprint 3A effective 28 May 2012 Page 113
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 176] (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. 176 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. Page 114 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 177] (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. 177 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 191(1); or (b) an appeal, relevant to the thing, of which the executive officer is aware. 178 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. (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. 179 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. Reprint 3A effective 28 May 2012 Page 115
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 180] (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 180 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 . 181 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— Page 116 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 182] (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. 182 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 . 183 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. 184 Power to require information (1) This section applies if an inspector reasonably believes— (a) an offence against this Act has been committed; and Reprint 3A effective 28 May 2012 Page 117
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 185] (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 185 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. (5) This section does not apply to damage the inspector reasonably believes is trivial. Page 118 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 186] (6) In this section— owner , of property, includes the person in possession or control of it. 186 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. 187 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. Reprint 3A effective 28 May 2012 Page 119
Medical Radiation Technologists Registration Act 2001 Part 5 Investigation and enforcement [s 188] 188 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. 189 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. 190 Impersonation of inspectors A person must not pretend to be an inspector. Maximum penalty—50 penalty units. Page 120 Reprint 3A effective 28 May 2012
Part 6 Medical Radiation Technologists Registration Act 2001 Part 6 Reviews by QCAT [s 191] Reviews by QCAT 191 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. 192 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. Reprint 3A effective 28 May 2012 Page 121
Medical Radiation Technologists Registration Act 2001 Part 7 Legal proceedings [s 196] Part 7 Legal proceedings Division 1 Evidence 196 Application of division This division applies to a proceeding under this Act. 197 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. 198 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. 199 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; Page 122 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 7 Legal proceedings [s 200] (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— (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 200 Indictable and summary offences (1) An offence against section 149 is an indictable offence. (2) Any other offence against this Act is a summary offence. 201 Proceedings for indictable offences (1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— Reprint 3A effective 28 May 2012 Page 123
Medical Radiation Technologists Registration Act 2001 Part 7 Legal proceedings [s 202] (a) by way of summary proceeding under the Justices Act 1886 ; or (b) on indictment. (2) A magistrate must not hear an indictable offence summarily if— (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or (b) the magistrate considers the charge should be prosecuted on indictment. (3) If subsection (2) applies— (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) a plea of the person charged at the start of the proceeding must be disregarded; and (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104(2)(b). 202 Limitation on who may summarily hear indictable offence (1) The proceeding must be before a magistrate if it is a proceeding— (a) for the summary conviction of a person on a charge for an indictable offence; or (b) for an examination of witnesses for a charge for an indictable offence. (2) However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . Page 124 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 7 Legal proceedings [s 203] 203 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. 204 Allegations of false or misleading information or documents In any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’. 205 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. 206 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 Reprint 3A effective 28 May 2012 Page 125
Medical Radiation Technologists Registration Act 2001 Part 7 Legal proceedings [s 207] 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. 207 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 Page 126 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 8 Register, records and information [s 208] 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 8 Register, records and information Division 1 Register 208 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— (a) the registrant’s name; (b) an address of the registrant notified by the registrant to the board; (c) the profession in which the registrant is registered; (d) whether the registrant is a general registrant, provisional general registrant, special purpose registrant or provisional special purpose registrant; (e) the qualification relied on by the registrant to obtain registration; (f) if the registrant is a special purpose registrant or provisional special purpose registrant, details of the special activity for which the registrant is registered; Reprint 3A effective 28 May 2012 Page 127
Medical Radiation Technologists Registration Act 2001 Part 8 Register, records and information [s 209] (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, including, for example, any probationary 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) For subsection (3)(g), the fact or details must be recorded in the register for the period the conditions are in force. 209 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. Page 128 Reprint 3A effective 28 May 2012
Division 2 Medical Radiation Technologists Registration Act 2001 Part 8 Register, records and information [s 210] Records to be kept 210 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) The records must be kept for at least 10 years. Division 3 Information 211 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. Reprint 3A effective 28 May 2012 Page 129
Medical Radiation Technologists Registration Act 2001 Part 8 Register, records and information [s 211] (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 (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. Page 130 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 212] (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. 212 Board’s annual report must disclose authorisation (1) This section applies if the board is given information, under section 211(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. Part 9 Miscellaneous Division 1 Abandoned, and other, health records 213 Definitions for div 1 In this division— health records means documents, recording the health history, condition and treatment of users of the professional Reprint 3A effective 28 May 2012 Page 131
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 214] 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. 214 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. 215 Health records forming part of deceased estate (1) This section applies if health records form part of a deceased estate. (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. 216 Health records of persons convicted of an offence against s 136(1) or (6) or 137 (1) This section applies to a person who is convicted of an offence against section 136(1) or (6) or 137. Page 132 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 217] (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. 217 Dealing with certain health records seized under s 169 or 170 (1) This section applies if, under section 169 or 170, an inspector seizes health records that the board may take and keep possession of under section 214 or 216. (2) The inspector must deliver the health records into the possession of the board to be dealt with under this division. (3) Sections 175, 178 and 179 do not apply to health records delivered to the board under subsection (2). 218 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 (b) if directed by the person, give the record to a registrant under a health practitioner registration Act 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. Reprint 3A effective 28 May 2012 Page 133
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 219] (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. 219 Destruction of health records (1) This section applies if the board destroys a health record under section 218(2)(d). (2) Compensation is not recoverable against the board because of the destruction of the record. Division 2 Continuing professional education of registrants 220 Continuing professional education programs (1) The board may develop or recognise a program for the continuing professional education of registrants in a profession. (2) The board must give notice to all registrants in the profession, to whom the program is relevant, of details of the program. (3) The program may state the minimum continuing professional education requirements a registrant in the profession 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. (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. Page 134 Reprint 3A effective 28 May 2012
Division 3 Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 221] Declared events 221 Definitions for div 3 In this division— declaration period see section 222(3). declared event means an event declared to be a declared event under section 222(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 in a profession; and (c) is appointed, employed, contracted or otherwise engaged to provide professional services to a participant in relation to the event. 222 Declaration of events (1) The Minister may, by notice, declare a sporting, cultural or other event to be a declared event for this Act. Reprint 3A effective 28 May 2012 Page 135
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 223] (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. 223 Deemed general registration of visiting practitioners (1) This section applies to a visiting practitioner in relation to a declared event. (2) Subject to subsections (4) and (5), the practitioner is taken to be a general registrant in the profession in which the practitioner is registered under an interstate law, during the declaration period for the event, in relation to the provision of professional services to a participant in the event. (3) The practitioner’s deemed general registration under subsection (2) is taken to be subject to any conditions of the practitioner’s registration under an interstate law in a profession. (4) Part 3, divisions 4 to 8 and 10 do not apply to the practitioner while the practitioner is taken, under subsection (2), to be a general registrant. (5) The practitioner is not taken to be a registrant for the operation of sections 37(1)(b) and 208. Division 4 Other provisions 224 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. Page 136 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 225] (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. 225 Protection for persons supervising probationary registrants (1) This section applies to a person who, honestly and on reasonable grounds gives information to the board, or an entity prescribed under a regulation under section 62 or 94, about a probationary registrant in the person’s capacity as— (a) the registrant’s supervisor or former supervisor for the supervised practice program, or the partial program; or (b) a person who otherwise supervises, or previously supervised, the registrant in undertaking the supervised practice program, or the partial program. (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— Reprint 3A effective 28 May 2012 Page 137
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 226] (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. 226 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. Page 138 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 226] (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. (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 Reprint 3A effective 28 May 2012 Page 139
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 226] (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. 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; 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. registration means— (a) registration as a registrant; or (b) renewal of registration as a registrant; or (c) restoration of registration as a registrant. Page 140 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 9 Miscellaneous [s 227] 227 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 other document the registrant knows is false or misleading in a material particular. Maximum penalty—50 penalty units. 228 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. 229 Approval of forms The board may approve forms for use under this Act. 230 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. 231 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following— (a) the grounds and processes for deciding that a professional practice setting is, or is not, a suitable place for probationary registrants to undertake supervised practice programs; Reprint 3A effective 28 May 2012 Page 141
Medical Radiation Technologists Registration Act 2001 Part 10 Transitional provisions [s 232] (b) the accreditation of professional practice settings for supervised practice programs, including the fees for accrediting professional practice settings; (c) supervisors and other persons who supervise registrants undertaking a supervised practice program, including— (i) the eligibility criteria for supervisors and other persons who supervise probationary registrants; and (ii) the grounds and processes for declaring a person ineligible to be a supervisor; and (iii) the accreditation of supervisors; (d) fees, including the refunding of fees, for this Act; (e) imposing a penalty of not more than 20 penalty units for a contravention of a provision of a regulation. (3) Without limiting subsection (2)(d), 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 10 Transitional provisions 232 First members, and chairperson and deputy chairperson, of Medical Radiation Technologists Board of Queensland (1) This section applies for, under the Acts Interpretation Act 1954 , section 17, appointing the following— (a) the first members of the Medical Radiation Technologists Board of Queensland; (b) the first chairperson or deputy chairperson of the Medical Radiation Technologists Board of Queensland. Page 142 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 10 Transitional provisions [s 233] (2) A reference in part 2, division 2 to a general registrant is taken to be a reference to a deemed general registrant. (3) A reference in part 2, division 2 to a registrant member is taken to be a reference to a deemed general registrant who is appointed as a member of the Medical Radiation Technologists Board of Queensland under the Acts Interpretation Act 1954 , section 17. (4) In this section— deemed general registrant means a person who has qualifications or experience in the practice of a profession that would, in the Minister’s opinion, make the person eligible for registration in the profession under section 233. 233 Transitional provision about registration (1) Subsection (2) applies to a person who— (a) holds a statement of accreditation in a profession, or equivalent document, issued by the Australian Institute of Radiography or a certificate of accreditation, or equivalent document, issued by the Australian and New Zealand Society of Nuclear Medicine; and (b) has practised in the profession to which the statement or certificate relates within 5 years before the commencement of this section for a period that is, or periods the total of which is, not less than the equivalent of 48 weeks full-time work; and (c) within 6 months after the commencement, applies for general registration in the profession. (2) The board must register the person in the profession, without conditions, as if the person were a person eligible for general registration under part 3, division 2, subdivision 2. (3) Subsection (4) applies to a person who, within 6 months of the commencement of this section applies for general registration in a profession and the person— Reprint 3A effective 28 May 2012 Page 143
Medical Radiation Technologists Registration Act 2001 Part 10 Transitional provisions [s 235] (a) holds a statement or certificate of accreditation in the profession, or an equivalent document, mentioned in subsection (1)(a); or (b) has practised in the profession within 5 years before the commencement for a period that is, or periods the total of which is, not less than the equivalent of 144 weeks full-time work, and has a qualification, that is recognised by the board, in a profession (other than the profession in which the person has practised). (4) The board must register the person in the profession as if the person were eligible for general registration under part 3, division 2, subdivision 2. (5) Without limiting subsection (4), the board must consider whether to impose conditions on the person’s general registration under section 59, including, for example, conditions relating to the nature and extent of the person’s practice of the profession or the supervision of the person’s practice of the profession. 235 Transitional provision for graduate practitioners (1) This section applies to a graduate practitioner who— (a) immediately before the commencement of this section, is undertaking his or her professional development year; and (b) from the commencement, continues to undertake his or her professional development year. (2) The graduate practitioner is taken, for the purposes of section 136, to be a registrant while undertaking the professional development year. (3) In this section— accrediting body means the Australian Institute of Radiography or the Australian and New Zealand Society of Nuclear Medicine. Page 144 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 10 Transitional provisions [s 236] graduate practitioner means a person who— (a) is a graduate from an undergraduate medical radiation science degree course accredited by an accrediting body, regardless of the title of the course; or (b) is assessed by an accrediting body to be the equivalent of a person mentioned in paragraph (a). professional development year means the period, the equivalent of 48 weeks full-time work, during which a graduate practitioner must work under the guidance of another practitioner before the graduate practitioner is recognised as an accredited practitioner by an accrediting body. 236 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— Table Column 1 Column 2 Chiropractors Registration Act Chiropractors and 2001 Osteopaths Act 1979 Dental Practitioners Registration Act 2001 Dental Act 1971 Dental Technicians and Dental Dental Technicians and Prosthetists Registration Act Dental Prosthetists Act 2001 1991 Medical Practitioners Registration Act 2001 Medical Act 1939 Occupational Therapists Registration Act 2001 Occupational Therapists Act 1979 Optometrists Registration Act Optometrists Act 1974 2001 Page 145 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Part 10 Transitional provisions [s 236] Column 1 Osteopaths Registration Act 2001 Column 2 Chiropractors and Osteopaths Act 1979 Pharmacists Registration Act Pharmacy Act 1976 2001 Physiotherapists Registration Physiotherapists Act 1964 Act 2001 Podiatrists Registration Act Podiatrists Act 1969 2001 Psychologists Registration Act Psychologists Act 1977 2001 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. Page 146 Reprint 3A effective 28 May 2012
Schedule 1 Medical Radiation Technologists Registration Act 2001 Schedule 1 Decisions for which information notices must be given section 191(2) Section 51 51, as applied by section 115 57(2) 59 77 77, as applied by section 80 77, as applied by section 123 78 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 register a person as a general registrant on probationary conditions, other than if section 57(6) applies 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 deciding to refuse to restore a general registration deciding to refuse to renew a special purpose registration deciding to renew a general registration on registration practice conditions and deciding the review period applying to the conditions Reprint 3A effective 28 May 2012 Page 147
Medical Radiation Technologists Registration Act 2001 Schedule 1 Section 78, as applied by section 80 90 90, as applied by section 127 97(1)(b)(ii) 97(1)(b)(ii) and (3) 108 120 125 132 175(1)(c) Description of decision deciding to restore a general registration on registration practice conditions and deciding the review period applying to the conditions deciding to cancel a general registration deciding to cancel a special purpose registration deciding to extend probationary conditions on a general registration deciding to extend probationary conditions and imposing additional conditions on a general registration deciding to confirm or change conditions of a general registration and deciding the review period applying to the conditions deciding to register a person as a special purpose registrant on conditions deciding to renew a special purpose registration on conditions deciding to refuse to grant an application for the replacement of a certificate of registration decision resulting in a thing being forfeited to the State Page 148 Reprint 3A effective 28 May 2012
Schedule 3 Medical Radiation Technologists Registration Act 2001 Schedule 3 Dictionary section 8 accepted representations see section 88(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). approved form means a form approved by the board. assessment report see section 48(1). authorised person , for part 3, division 3, see section 63(1). board means the Medical Radiation Technologists Board of Queensland. business nam e , 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 provisional general registration means a certificate of provisional general registration issued under section 64(6). certificate of provisional special purpose registration means a certificate of provisional special purpose registration issued under part 3, division 9. certificate of registration means a certificate of general registration, certificate of provisional general registration, certificate of special purpose registration or certificate of provisional special purpose registration. certificate of special purpose registration means a certificate of special purpose registration issued under part 3, division 9. Reprint 3A effective 28 May 2012 Page 149
Medical Radiation Technologists Registration Act 2001 Schedule 3 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). committee means a committee of the board established under section 33(1). continuing professional development requirements see section 72A. 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 (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 9, division 3, see section 221. declared event , for part 9, division 3, see section 221. deputy chairperson means the deputy chairperson of the board appointed under section 19(1). document production requirement see section 182(5). Page 150 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Schedule 3 educational institution means a university, training institution or professional college engaged in the education of persons in the practice of a profession. executive officer means the executive officer appointed under the Health Practitioner Registration Boards (Administration) Act 1999 . 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 164(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 . 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 practitioner registration Act means any 1 of the following— • Dental Technicians Registration Act 2001 • Health Practitioner Regulation National Law • Occupational Therapists Registration Act 2001 Reprint 3A effective 28 May 2012 Page 151
Medical Radiation Technologists Registration Act 2001 Schedule 3 Page 152 • Speech Pathologists Registration Act 2001 • this Act. health records , for part 9, division 1, see section 213. health service means a service for maintaining, improving or restoring people’s health and wellbeing. 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 or additional conditions imposed under section 97(3)— (i) for a general 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(3) to record in the register—the details that must be recorded in the register for the period for which the conditions are in force; (f) if the decision is that a person be registered on probationary conditions mentioned in section 57(2)(b)— (i) the part of the supervised practice program to be completed; and Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Schedule 3 (ii) the period in which the supervised practice program is to be completed; (g) if the decision is that a general registration be renewed or restored on registration practice conditions, the review period applying to the conditions; (h) if the decision is that a registration be cancelled, a direction to the person to return the certificate of registration to the board within 14 days after receiving the notice; (i) if the decision is that the conditions, other than probationary conditions or additional conditions imposed under section 97(3), imposed on a general registration be confirmed, the review period applying to the confirmed conditions; (j) if the decision is that the conditions, other than probationary conditions or additional conditions imposed under section 97(3), imposed on a general 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 112(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 (iii) a direction to the person to return the certificate of registration to the board within 14 days after receiving the notice; (k) if the decision is that probationary conditions imposed on a general registration be extended—the part of the supervised practice program to be undertaken and the period of the extension. inspector means a person who is appointed as an inspector under section 155. Reprint 3A effective 28 May 2012 Page 153
Medical Radiation Technologists Registration Act 2001 Schedule 3 interstate law , for part 9, division 3, see section 221. 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 . legislative scheme see section 4. local practitioner , for part 9, division 3, see section 221. medical condition includes substance abuse or dependence. Medicare Australia means Medicare Australia established under the Health Insurance Commission Act 1973 (Cwlth), section 4. Editor’s note — Health Insurance Commission Act 1973 (Cwlth)—see the Medicare Australia Act 1973 (Cwlth). member means a member of the board. 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 Health Practitioner Registration Boards under the Health Practitioner Registration Boards (Administration) Act 1999 . original decision see section 191(1). partial program see section 57(2)(b)(i). participant , for part 9, division 3, see section 221. personal details requirement see section 180(5). place includes premises, vacant land and a vehicle. place of seizure see section 171. possess , a health record, for part 9, division 1, see section 213. premises includes— (a) a building or other structure; and (b) a part of a building or other structure; and Page 154 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Schedule 3 (c) land where a building or other structure is situated. prepare , for part 9, division 3, see section 221. probationary conditions means conditions mentioned in section 57 and includes those conditions extended under section 97(1)(b)(ii). probationary registrant means a person registered as a general registrant on probationary conditions. profession means the— (a) medical imaging technology profession; or (b) nuclear medicine technology profession; or (c) radiation therapy profession. professional service means— (a) for the medical imaging technology profession—a medical imaging technology service; or (b) for the nuclear medicine technology profession—a nuclear medicine technology service; or (c) for the radiation therapy profession—a radiation therapy service. provisional general registrant means a person registered, under section 64, as a provisional general registrant. provisional general registration means registration of a person as a provisional general registrant under section 64. provisional special purpose registrant means a person registered, under part 3, division 9, 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 9. 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). Reprint 3A effective 28 May 2012 Page 155
Medical Radiation Technologists Registration Act 2001 Schedule 3 Page 156 Queensland health practitioner registration Acts means the following Acts— • Dental Technicians Registration Act 2001 • Occupational Therapists Registration Act 2001 • Speech Pathologists Registration Act 2001 • this Act. recency of practice requirements see section 72. register means the register kept under section 208. registrant means a person registered under part 3. registrant members see section 15(2)(a). registration means registration under part 3. registration fee see section 42(1)(c)(iii). relevant practical experience , in the profession, means experience mentioned in section 58(1). registration practice conditions see section 78(2). renewable registration means a general registration or special purpose registration, other than a short-term registration. restoration fee see section 82(1)(b)(i). restricted title means— (a) for the medical imaging technology profession—a title that consists of, or includes, the words ‘medical imaging technologist’ or ‘radiographer’; or (b) for the nuclear medicine technology profession—a title that consists of, or includes, the words ‘nuclear medicine technologist’; or (c) for the radiation therapy profession—a title that consists of, or includes, the words ‘radiation therapist’. review period , applying to conditions imposed by the board or QCAT on a general 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, division 8. Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Schedule 3 service agreement means an agreement made under the Health Practitioner Registration Boards (Administration) Act 1999 , 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 135A. show cause notice see section 87(1). show cause period see section 87(2)(d). special activities see section 114. special purpose registrant means a person registered, under part 3, division 9, 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 9. supervised practice program means a program mentioned in section 61(1). supervised practice report , for a probationary registrant, means a report— (a) providing an assessment of the registrant’s competence to practise in the profession as demonstrated while undertaking a supervised practice program or a partial program; and (b) in the approved form, or if a form is not approved, that includes the information prescribed under a regulation. supervisor , for a probationary registrant, means the general registrant who— (a) is eligible under a regulation to be a supervisor; and (b) has primary responsibility for the probationary registrant’s supervision while undertaking the supervised practice program or the partial program. user , of a registrant’s services, includes a person who used the services. Reprint 3A effective 28 May 2012 Page 157
Medical Radiation Technologists Registration Act 2001 Schedule 3 visiting practitioner , for part 9, division 3, see section 221. warrant form see section 164(5)(b). Page 158 Reprint 3A effective 28 May 2012
Endnotes Medical Radiation Technologists Registration Act 2001 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .161 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .162 7 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . .166 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 28 May 2012. Future amendments of the Medical Radiation Technologists Registration Act 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 3A effective 28 May 2012 Page 159
Medical Radiation Technologists Registration Act 2001 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised 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 12 May 2002 Reprint date 6 June 2002 Reprint No. 1A 1B 1C 1D 1E 2 2A 2B 2C 2D Amendments included 2003 Act No. 9 2003 Act No. 45 2006 Act No. 25 2006 Act No. 46 2006 Act No. 46 — 2009 Act No. 9 2009 Act No. 24 2009 Act No. 44 2010 Act No. 14 Effective 28 March 2003 27 August 2003 1 July 2006 15 December 2006 1 March 2007 1 March 2007 1 July 2009 1 December 2009 1 January 2010 1 July 2010 Notes R1E withdrawn, see R2 Page 160 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Endnotes Reprint No. 2E 3 3A Amendments included 2010 Act No. 54 — 2011 Act No. 34 Effective 1 January 2011 1 January 2011 28 May 2012 Notes R2E withdrawn, see R3 5 List of legislation Medical Radiation Technologists Registration Act 2001 No. 8 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 12 May 2002 (automatic commencement under AIA s 15DA(2)) 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 9 date of assent 15 November 2001 commenced on date of assent Health and Other Legislation Amendment Act 2003 No. 9 ss 1, 67 sch 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) 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, 7 date of assent 10 November 2006 ss 1–2 commenced on date of assent ss 103–105, 113, 115, 119 commenced 1 March 2007 (2006 SL No. 309) remaining provisions commenced 15 December 2006 (2006 SL No. 309) Reprint 3A effective 28 May 2012 Page 161
Medical Radiation Technologists Registration Act 2001 Endnotes 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 9 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 9 date of assent 3 November 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2010 (2009 SL No. 290) Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 No. 14 pts 1, 7, s 65 sch date of assent 21 April 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (see s 2) Fair Trading (Australian Consumer Law) Amendment Act 2010 No. 54 ss 1–2, 67 sch date of assent 1 December 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2011 (2010 SL No. 359) Business Names (Commonwealth Powers) Act 2011 No. 34 ss 1, 2(b), 31 sch 1 date of assent 28 October 2011 ss 1–2 commenced on date of assent remaining provisions commenced 28 May 2012 (2012 SL No. 58) 6 List of annotations The legislative scheme s 4 amd 2010 No. 14 s 65 sch 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 1109 Mutual recognition legislation not affected s 6 amd 2003 No. 45 s 15 sch Delegation by board s 14 amd 2006 No. 46 s 102 Membership of board s 15 amd 2010 No. 14 s 65 sch Page 162 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Endnotes 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 96 Fitness to practise the profession s 45 amd 2001 No. 78 s 97; 2010 No. 54 s 67 sch Appointment of appropriately qualified person to conduct health assessment s 47 amd 2001 No. 78 s 98 Use of assessment report s 49 amd 2009 No. 24 s 1110 Period s 56 amd 2006 No. 46 s 103 Period s 68 amd 2009 No. 44 s 68 Non-application of div 4 to short-term registration s 71A ins 2006 No. 46 s 104 Meaning of “recency of practice requirements” s 72 amd 2010 No. 14 s 66 Meaning of “continuing professional development requirements” s 72A ins 2010 No. 14 s 67 Procedural requirements for applications s 74 amd 2001 No. 78 s 99; 2010 No. 14 s 68 Inquiries into applications s 76 amd 2010 No. 14 s 69 Decision s 77 amd 2010 No. 14 s 70 Requirements are not satisfied prov hdg amd 2010 No. 14 s 71(1) s 78 amd 2010 No. 14 s 71(2)–(4) Non-application of div 5 to short-term registration s 79A ins 2006 No. 46 s 105 Procedural requirements for applications s 82 amd 2010 No. 14 s 72 Reprint 3A effective 28 May 2012 Page 163
Medical Radiation Technologists Registration Act 2001 Endnotes When registration practice conditions take effect prov hdg amd 2010 No. 14 s 73(1) s 85 amd 2010 No. 14 s 73(2) Grounds for cancellation s 86 amd 2009 No. 44 s 69 Board to give notice to supervisor s 94 amd 2009 No. 44 s 70 When decision takes effect s 98 amd 2006 No. 46 s 106 Failure by board to make decision s 99 amd 2006 No. 46 s 107; 2009 No. 44 s 71 Amending, replacing, or issuing new, certificate of general registration s 101 sub 2006 No. 46 s 108 amd 2009 No. 44 s 72 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 1111 How registrant may start a review s 103 amd 2009 No. 24 s 1112 When decision takes effect s 109 amd 2006 No. 46 s 109 Failure by board to make decision on application s 110 amd 2006 No. 46 s 110; 2009 No. 44 s 73 Failure by board to make decision on review agreed to under s 104 s 111 amd 2006 No. 46 s 111; 2009 No. 44 s 74 Amending, replacing, or issuing new, certificate of general registration s 113 sub 2006 No. 46 s 112 amd 2009 No. 44 s 75 Non-application of sdiv 2 to short-term registration s 122A ins 2006 No. 46 s 113 Application of div 4, sdivs 2 and 3 s 123 amd 2010 No. 14 s 74 Grounds for cancellation s 128 amd 2009 No. 44 s 76 Removal s 129 amd 2006 No. 46 s 114 Notification of certain events to interstate regulatory authorities and other entities s 135 amd 2006 No. 25 s 241(1) sch 3; 2010 No. 14 s 65 sch Page 164 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Endnotes Short-term registration s 135A ins 2006 No. 46 s 115 Claims by persons as to other persons’ registration s 138 amd 2003 No. 9 s 67 sch PART 4—OBLIGATIONS OF REGISTRANTS AND OTHER PERSONS Division 2—Notification of business names and other details div hdg om 2006 No. 46 s 116 Notification of business names etc. s 141 amd 2001 No. 45 s 29 sch 3 om 2006 No. 46 s 116 Notification of change in business names etc. s 142 om 2006 No. 46 s 116 Information to appear in advertisements s 144 amd 2006 No. 46 s 117; 2011 No. 34 s 31 sch 1 Dealing with forfeited things etc. s 177 amd 2009 No. 24 s 1113 PART 6—REVIEWS BY QCAT pt hdg sub 2009 No. 24 s 1114 Who may apply for a review s 191 sub 2009 No. 24 s 1114 Particular matters relating to powers of QCAT s 192 sub 2009 No. 24 s 1114 Hearing procedures s 193 om 2009 No. 24 s 1114 Powers of court on appeal s 194 om 2009 No. 24 s 1114 Appointment of assessors s 195 om 2009 No. 24 s 1114 Confidentiality of information s 211 amd 2001 No. 78 s 100 Board’s annual report must disclose authorisation s 212 amd 2009 No. 9 s 136 sch 1 False or misleading information or documents s 226 sub 2009 No. 44 s 77 Sections 141 and 144 ineffective for 6 months s 234 om 2006 No. 46 s 118 PART 11—CONSEQUENTIAL AMENDMENTS OF ACTS pt 11 (s 237) om R1 (see RA ss 7(1)(k) and 40) Reprint 3A effective 28 May 2012 Page 165
Medical Radiation Technologists Registration Act 2001 Endnotes SCHEDULE 1—DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN amd 2010 No. 14 s 75 SCHEDULE 2—CONSEQUENTIAL AMENDMENTS OF ACTS om R1 (see RA s 40) SCHEDULE 3—DICTIONARY def “appellant” om 2009 No. 24 s 1115(1) def “continuing professional development requirements” ins 2010 No. 14 s 76(2) def “criminal history” ins 2001 No. 78 s 101 def “Health Insurance Commission” om 2010 No. 14 s 65 sch def “health practitioner registration Act” sub 2010 No. 14 s 65 sch def “information notice” amd 2009 No. 24 s 1115(2); 2010 No. 14 s 76(3) def “Medicare Australia” ins 2010 No. 14 s 65 sch def “Queensland health practitioner registration Acts” ins 2010 No. 14 s 65 sch def “recency of practice conditions” om 2010 No. 14 s 76(1) def “registration practice conditions” ins 2010 No. 14 s 76(2) def “renewable registration” amd 2006 No. 46 s 119(2) def “review period” amd 2009 No. 24 s 1115(3) def “short-term registration” ins 2006 No. 46 s 119(1) 7 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 MRT101A Version July 2009—General Registration as a medical imaging technologist: Guide and application (pubd gaz 3 July 2009 p 930) Form MRT101B Version July 2009—General Registration as a nuclear medicine technologist: Guide and application (pubd gaz 3 July 2009 p 930) Form MRT101C Version July 2009—General Registration as a radiation therapist: Guide and application (pubd gaz 3 July 2009 p 930) Form MRT111 Version August 2002—Application for Registration under Mutual Recognition as a Medical Radiation Technologist in Queensland (pubd gaz 4 February 2005 pp 334–5) Form MRT201 Version December 2008—Application for General Registration with Probationary Conditions (pubd gaz 19 December 2008 p 2173) Page 166 Reprint 3A effective 28 May 2012
Medical Radiation Technologists Registration Act 2001 Endnotes Form MRT201A Version October 2009—General Registration as a medical imaging technologist with probationary conditions: Guide and application form (pubd gaz 16 October 2009 p 522) Form MRT201B Version October 2009—General Registration as a nuclear medicine technologist with probationary conditions: Guide and application form (pubd gaz 16 October 2009 p 522) Form MRT201C Version October 2009—General Registration as a radiation therapist with probationary conditions: Guide and application form (pubd gaz 16 October 2009 p 522) Form MRT301A Version April 2004—Application for Special Purpose Registration as a Medical Imaging Technologist in Queensland (pubd gaz 4 February 2005 pp 334– 5) Form MRT301B Version April 2004—Application for Special Purpose Registration as a Nuclear Medicine Technologist in Queensland (pubd gaz 4 February 2005 pp 334– 5) Form MRT301C Version April 2004—Application for Special Purpose Registration as a Radiation Therapist in Queensland (pubd gaz 4 February 2005 pp 334–5) Form MRT401A Version April 2003—Application for Renewal of General Registration as a Medical Imaging Technologist in Queensland (pubd gaz 4 February 2005 pp 334–5) Form MRT401B Version April 2003—Application for Renewal of General Registration as a Nuclear Medicine Technologist in Queensland (pubd gaz 4 February 2005 pp 334–5) Form MRT401C Version April 2003—Application for Renewal of General Registration as a Radiation Therapist in Queensland (pubd gaz 4 February 2005 pp 334–5) Form MRT501A Version October 2004—Supervised Practice Program–Supervisor and Professional Practice Setting Notification Form (pubd gaz 4 February 2005 pp 334–5) Form MRT502 Version December 2004—Supervision Program–Supervisor and Professional Practice Setting Notification Form (pubd gaz 4 February 2005 pp 334–5) Form MRT601A Version December 2004—Supervised Practice Program–Progress Report (Medical Imaging Technology) (pubd gaz 4 February 2005 pp 334–5) Form MRT601B Version December 2004—Supervised Practice Program–Progress Report (Nuclear Medicine Technology) (pubd gaz 4 February 2005 pp 334–5) Form MRT601C Version December 2004—Supervised Practice Program–Progress Report (Radiation Therapy) (pubd gaz 4 February 2005 pp 334–5) Form MRT701A Version December 2004—Supervised Practice Program–Final Report– (Medical Imaging Technology) (pubd gaz 4 February 2005 pp 334–5) Reprint 3A effective 28 May 2012 Page 167
Medical Radiation Technologists Registration Act 2001 Endnotes Form MRT701B Version December 2004—Supervised Practice Program–Final Report– (Nuclear Medicine Technology) (pubd gaz 4 February 2005 pp 334–5) Form MRT701C Version December 2004—Supervised Practice Program–Final Report– (Radiation Therapy) (pubd gaz 4 February 2005 pp 334–5) Form MRT801A Version December 2004—Supervised Practice Program–Professional Practice Setting Application Form–Medical Imaging Technology (pubd gaz 4 February 2005 pp 334–5) Form MRT801B Version December 2004—Supervised Practice Program–Professional Practice Setting Application Form–Nuclear Medicine Technology (pubd gaz 4 February 2005 pp 334–5) Form MRT801C Version December 2004—Supervised Practice Program–Professional Practice Setting Application Form–Radiation Therapy (pubd gaz 4 February 2005 pp 334–5) Form MRT1401A Version February 2002—Notice of Expiry of Registration and Application for Restoration of General Registration as a Medical Imaging Technologist in Queensland (pubd gaz 4 February 2005 pp 334–5) Form MRT1401B Version February 2002—Notice of Expiry of Registration and Application for Restoration of General Registration as a Nuclear Medicine Technologist in Queensland (pubd gaz 4 February 2005 pp 334–5) Form MRT1401C Version February 2002—Notice of Expiry of Registration and Application for Restoration of General Registration as a Radiation Therapist in Queensland (pubd gaz 4 February 2005 pp 334–5) Form TTMRMRT 311 Version October 2002—Application for Registration under Trans– Tasman Mutual Recognition as a Medical Radiation Technologist in Queensland (pubd gaz 4 February 2005 pp 334–5) © State of Queensland 2012 Page 168 Reprint 3A effective 28 May 2012