QueenslandMedical Act
1939MEDICALASSESSMENTTRIBUNALREGULATION1987Reprinted as in force on 1 March
2002(includes amendments up to SL No. 462 of
1997)This is the reprint current on the repeal
dateReprint No. 1BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisregulationisreprintedasat1March2002.Thereprintshowsthelawasamended by all amendments that
commenced on or before that day (Reprints Act1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s13s5Medical Assessment Tribunal Regulation
1987MEDICALASSESSMENTTRIBUNALREGULATION1987[as
amended by all amendments that commenced on or before 1 March
2002]†PART1—PRELIMINARY˙Short
title1.ThisregulationmaybecitedastheMedical Assessment TribunalRegulation 1987.˙Definitions2.In
this regulation—“afternoonsession”means the session, conducted by the tribunal
on asitting day, starting after midday.“morning session”meansthesession,conductedbythetribunalonasitting day,
starting before midday.“preparatory work”, for a sitting
day, means the perusal by an assessor ofmaterial, given
to the assessor by the registrar, relating to matters setdown
to be dealt with by the tribunal on the sitting day.˙Forms4.(1)The
forms set forth in schedule 1 shall be used for the purposes
forwhich they are respectively
applicable.(2)Aformprescribedbythisregulationshallbecompletedinaccordance with such directions as are
specified in the prescribed form.˙Fees5.The fees payable
to an assessor, other than a public service officer, areset
out in schedule 2.
s64s7Medical Assessment Tribunal Regulation
1987†PART2—PREHEARINGPROCEDURES˙Notice
of charge6.(1)Forthepurposeofchargingamedicalpractitionerbeforethetribunal, the registrar shall—(a)cause to be served on the medical
practitioner a notice informingthe medical
practitioner of the intention of the board to charge themedical practitioner before the
tribunal.The notice shall give particulars of the
grounds on which themedical practitioner is to be
charged;(b)inform the judge constituting the
tribunal of the intention of theboard to charge
the medical practitioner before the tribunal.The judge
thereupon shall fix a day and place for the hearing andshall notify the registrar
accordingly;(c)give at least 7 days notice to the
medical practitioner concerned ofthe day and
place of the hearing.(2)Ontheapplicationofthemedicalpractitionertobechargedtheregistrar shall, if so directed by the
tribunal, make available to the medicalpractitioner, but
at the medical practitioner’sown expense, a
copy of therecordoftheproceedingsbeforetheboardrelatingtothemedicalpractitioner’s case, other than the
deliberations of the board.˙Service of notice7.(1)A
notice referred to in section 6(1)(a) shall, where practicable,
beserved personally upon the medical
practitioner, but otherwise shall bepostedtothemedicalpractitionerbyregisteredlettertothemedicalpractitioner’saddressasshownintheregisteror,iftherebenosuchaddress, to the
medical practitioner’s lastknown address.(2)If
the medical practitioner does not appear at the hearing before
thetribunal, then, upon proof of the notice
having been duly served the tribunalmay proceed to
hear and determine the charge in the medical practitioner’sabsence.
s
85s 11Medical Assessment
Tribunal Regulation 19878.The board shall
pay expenses to witnesses other than employees of theCrown
in accordance with the scale of allowances payable in respect
ofwitnesses appearing in the Supreme
Court.†PART3—APPEALS˙Notice of appeal9.(1)Anypersonwishingtoappealfromadecisionoftheboard,pursuanttoeithersection24orsection48(7)oftheAct,shall,within28 clear days of
the day on which the decision from which the persondesires to appeal was given, or within such
further time as the tribunal maydirect, file with
the registrar a notice of appeal.(2)A
copy of the notice shall within the like time be served, where
theappeal is under section 24 of this Act, on
the registrar and, where the appealis under section
48(7), also on the other party to the appeal.(3)The
notice of appeal shall be in writing and shall state the grounds
onwhich the appellant relies and shall be
signed by the appellant.˙Date and place of
hearing10.The judge constituting the tribunal
shall, at the request of the registrar,fix a date and
place of hearing and the registrar shall notify the parties to
theappeal accordingly.†PART4—GENERAL˙Directions11.(1)The
tribunal may hold a conference (a“directions
conference”)for considering or giving directions
for any matter or proceeding within itsjurisdiction.
s
116s 11Medical Assessment
Tribunal Regulation 1987(2)At or after the
conference, the tribunal may give the directions withrespect to the matter or proceeding that it
considers proper.(3)A directions conference may be held,
and directions given—(a)at any time;
and(b)ontheapplicationofapartyorbythetribunalonitsowninitiative.(4)A
directions conference may be conducted, and directions given,
bytelephone, video-link or another form of
communication.(5)The assessors may take part in a
directions conference if the tribunalconsidersthatitisnecessaryordesirableforthemtotakepartintheconference.
7Medical Assessment Tribunal Regulation
1987†SCHEDULE 1section 4Form
1Medical Act 1939Medical
Assessment Tribunal Regulation 1987NOTICE OF CHARGE
FOLLOWING COMPLAINT UNDER SECTION 37(2)To—(Name
and address of medical practitioner).TakenoticethatyouarechargedbytheMedicalBoardofQueensland,constitutedundertheMedicalAct1939according to the complaint of one
(insertname of
complainant), being a person aggrieved within the
meaning of section 37(2)of the said Act, which said complaint
(state whether made verbally or in
writing) isthat you have been guilty of misconduct
in a professional respect in that(Here
set out particulars of charge).Dated
thisday of,.Registrar of Medical Boardof
Queensland.Form 2Medical Act
1939Medical Assessment Tribunal Regulation
1987NOTICE OF CHARGE UNDER SECTION 37(1)To—(Name and address of medical
practitioner).TakenoticethatyouarechargedbytheMedicalBoardofQueensland,constituted under
theMedical Act 1939–1987under the
provisions of section 37(1) ofthe said Act that
you(Here give particulars of charge).Dated thisday of,.Form 3Registrar of Medical Board.
8Medical Assessment Tribunal Regulation
1987SCHEDULE 1 (continued)Medical Act
1939Medical Assessment Tribunal Regulation
1987NOTICE OF DAY AND PLACE OF HEARINGTo—(Name and address of medical
practitioner).Take notice that the charge, as
specified in the notice given by the registrar of theMedical Board and dated theday
of, will be heardand determined by
the Medical Assessment Tribunal constituted under the
provisionsof theMedical Act
1939on theday of, at
(placeofhearing).Dated
thisday of,.Registrar of Medical Tribunal.Form
4Medical Act 1939Medical
Assessment Tribunal Regulation 1987NOTICE OF
APPEALTo—The registrar of the Medical
Assessment Tribunal of Queensland.And to—The
registrar of the Medical Board of Queensland.And to—(Name
of any other party to the appeal).(Appeal under section 48(7)).Take
notice that(nameofappellant)intends to appeal to the MedicalAssessment Tribunal, on a day and at a place
to be fixed, against the decision of theMedical Board
given on theday of, directing
(here setout decision
including (if any) findings or order of the Medical Board) on
the grounds(here set out grounds in numbered
paragraphs).Dated thisday of,.Appellant.
9Medical Assessment Tribunal Regulation
1987¡SCHEDULE 2†FEESPAYABLETOASSESSORSsection 51.Attending a morning session . . . . .
. . . . . . . . . . . . . . . . .2.Attending an afternoon session. .
. . . . . . . . . . . . . . . . . .3.Carrying out preparatory work for a sitting
day . . . . . . . .$340.00340.00340.00
11Medical Assessment Tribunal Regulation
1987´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes a roman letter, the reprint was released in
unauthorised,electronic form only.]Reprint
No.Amendments includedReprint
date1to SL No. 62 of 199611
July 19961Ato SL No. 462 of 197718
February 1998´5Tables in
earlier reprintsName of tableTABLES IN EARLIER
REPRINTSObsolete and redundant provisionsReprint No.1´6List of
legislationMedicalAssessmentTribunalRegulation1987(prevMedicalAssessmentTribunal Rules
1987)made by the Governor in Council on 25 June
1987pubd gaz 27 June 1987 pp 2325–8commenced 1 July 1987 (see s 2)rep 1
March 2002 (2001 No. 7 s 279)amending
legislation—Medical Assessment Tribunal Amendment
Regulation (No. 1) 1996 SL No. 62notfd gaz 4 April
1996 pp 1533–4commenced on date of notificationMedical Assessment Tribunal Amendment
Regulation (No. 1) 1997 SL No. 462notfd gaz 19
December 1997 pp 1770–7commenced on date of
notification´7List of
annotationsShort titles 1sub
1996 SL No. 62 s 3
