Queensland Consolidated Acts Queensland Consolidated Actsamending Act, for part 13, division 5, see section 405L.
appealable decision, for part 12A, division 7, see section 398ZI(4).
approved form means—
(a) for a panel—a form approved by the secretary under section 397(1); or
(b) for a board—a form approved by the board under section 397(2).
assessment report means—
(a) for part 5, division 5, subdivision 7—see section 109; or
(b) for part 7, division 2, subdivision 2—see section 273; or
(c) for part 7, division 3, subdivision 3—see section 296.
assessor—
(a) for this Act other than part 12A—means a person chosen, under section 31 or 228, by the principal registrar from a panel of assessors to assist the tribunal; or
(b) for part 12A—see section 398B.
attendance notice means—
(a) for the board or a disciplinary committee—see section 143; or
(b) for a panel—see section 186.
board means a board established under a health practitioner registration Act.
board's nominee see section 182(1).
certificate of registration means a certificate of registration issued under a health practitioner registration Act.
chairperson, of a board, means the chairperson of the board appointed under the health practitioner registration Act that establishes the board.
code of practice means a code of practice approved by the Minister under section 374(3).
commencement—
(a) for part 13, division 3—see section 405A; or
(b) for part 13, division 4—see section 405I; or
(c) for part 13, division 5—see section 405L.
commission means the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006.
complainant means—
(a) a person or other entity who makes a complaint under this Act; or
(b) a person or other entity who made a complaint under the Health Rights Commission Act 1991 that was referred to a board by the Health Rights Commissioner; or
(c) a person who makes a complaint under the Health Quality and Complaints Commission Act 2006 that is referred to a board by the commission.
complaints part means part 3.
constituting member, in relation to the tribunal, means the member constituting the tribunal.
convicted, for an offence, includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.
copy, of a report, includes a reproduction and duplicate.
corresponding law means a law applying in another State, the Commonwealth or a foreign country that provides for the same matter as this Act or a health practitioner registration Act.
current matter see section 249(1)(a).
detriment includes—
(a) personal injury or prejudice to safety; and
(b) property damage or loss; and
(c) intimidation or harassment; and
(d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and
(e) threats of detriment; and
(f) financial loss from detriment.
disciplinary action, for a registrant, means any action that a disciplinary body may take at the end of disciplinary proceedings and includes a decision that a disciplinary body may make at the end of disciplinary proceedings relating to a person who was a registrant but is not registered at the time of the decision.
disciplinary body means—
(a) a board; or
(b) a disciplinary committee; or
(c) a panel; or
(d) the tribunal.
disciplinary committee see section 128(1)(b).
disciplinary matter means a matter—
(a) that may provide a ground for disciplinary action to be taken against a registrant under the disciplinary proceedings part; or
(b) that is the subject of a review or appeal under the review and appeal part.
disciplinary proceedings means proceedings conducted by—
(a) a disciplinary body under the disciplinary proceedings part; or
(b) a review panel or the tribunal under the review and appeal part.
disciplinary proceedings part means part 6.
entity acting on behalf of a user means—
(a) an entity chosen by the user to act on the user's behalf; or
(b) if it would be difficult or impossible for the user to choose an entity to act on the user's behalf—an entity that has a sufficient interest in the health or welfare of the user.
executive officer means the executive officer appointed under the Health Practitioner Registration Boards (Administration) Act 1999.
expert's report see section 111(1).
external assessment see section 288(1)(b).
external assessment report see section 295A(1).
external assessor see section 288(1)(b).
facsimile warrant see section 86(4).
foreign disciplinary body means an entity established under the law applying in another State or a foreign country having functions similar to the functions of a disciplinary body or NRAS disciplinary body.
foreign law, for part 8, see section 310.
foreign law part means part 8.
foreign regulatory authority means—
(a) an interstate regulatory authority; or
(b) an entity established under the law applying in a foreign country, other than New Zealand, having functions similar to—
(i) the functions of a board under this Act or the health practitioner registration Act under which the board is established; or
(ii) the functions of a national board under the National Law.
former board—
(a) generally means an entity that was a board under this Act at any time before the commencement of this definition but is not a board under this Act immediately after the commencement; and
(b) for part 13, division 5, see also section 405L.
further assessment see section 305(2)(a).
ground for disciplinary action means a ground mentioned in section 124.
health assessment, in relation to a registrant, includes—
(a) a physical, medical, psychiatric or psychological examination or test of the registrant; and
(b) asking questions for assessing whether the registrant is impaired.
health assessment committee means a committee established under section 282 to conduct a health assessment of a registrant.
health, conduct or performance action, for part 12A, see section 398B.
health practitioner registration Act means any 1 of the following Acts—
(a) the Dental Technicians Registration Act 2001;
(b) the Medical Radiation Technologists Registration Act 2001;
(c) the Occupational Therapists Registration Act 2001;
(d) the Speech Pathologists Registration Act 2001.
health professions means the professions regulated under the health practitioner registration Acts.
Health Rights Commissioner see section 405A.
health service provider means any of the following—
• acupuncturist
• ambulance officer
• audiologist
• audiometrist
• child guidance therapist
• dental hygienist or dental therapist
• dietitian
• medical imaging technologist, nuclear medicine technologist or radiation therapist
• naturopath
• nurse
• optical dispenser
• orthoptist
• psychotherapist
• social worker engaged in the provision of a health service
• therapeutic counsellor
• traditional chinese medicine practitioner.
hearing notice means—
(a) for part 6, division 4, subdivision 2—see section 131; or
(b) for part 6, division 5, subdivision 2—see section 174; or
(c) for part 6, division 6, subdivision 2—see section 215.
immediate suspension part means part 4.
impairment, of a registrant, means the registrant has a physical or mental impairment, disability, condition or disorder that detrimentally affects, or is likely to detrimentally affect, the registrant's physical or mental capacity to perform the registrant's profession and includes substance abuse or dependence.
impairment part means part 7.
impose a condition, includes change the condition.
inspection part means part 10.
inspector means a person appointed as an inspector under section 358(1) or is an inspector under section 358(2).
interstate regulatory authority means an entity established under the law of another State or New Zealand having functions similar to the functions of a board under this Act or the health practitioner registration Act under which it is established.
investigation committee means a committee established under section 64(1)(a).
investigation part means part 5.
investigator means a person appointed as an investigator under section 73.
judicial member see the QCAT Act, schedule 3.
Medical Assessment Tribunal means the tribunal under the Medical Act 1939 as in force before the commencement of section 26.
Medicare Australia means Medicare Australia established under the Health Insurance Commission Act 1973 (Cwlth), section 4.
National Agency means the Australian Health Practitioner Regulation Agency established under the National Law.
national board means a National Health Practitioner Board established under the National Law.
National Law means the Health Practitioner Regulation National Law.
National Law (Queensland) means the Health Practitioner Regulation National Law (Queensland).
national panel means a health panel, or a performance and professional standards panel, under the National Law.
notice of appeal, for part 9, division 3, see section 327(1).
notice of review, for part 9, division 2, see section 317(1).
notification, for part 12A, see section 398B.
notifier, for part 12A, see section 398B.
NRAS disciplinary body means a national board or a national panel.
NRAS disciplinary matter, for part 12A, see section 398B.
NRAS disciplinary proceeding, for part 12A, see section 398B.
NRAS health profession, for part 13, division 5, see section 405L.
NRAS registered health practitioner means an individual who—
(a) is registered under the National Law to practise a health profession, other than as a student; or
(b) holds non-practising registration under the National Law in a health profession.
NRAS registrant means—
(a) an NRAS registered health practitioner; or
(b) an NRAS student.
NRAS registrant's board, for an NRAS registrant, means the board established under the National Law for the profession in which the registrant is registered under the National Law.
NRAS student means an individual whose name is entered in a student register as being currently registered under the National Law.
nurse means an individual registered under the National Law to practise in the nursing and midwifery profession as a nurse, other than as a student.
office means the Office of Health Practitioner Registration Boards established under the Health Practitioner Registration Boards (Administration) Act 1999.
original panel see section 319(3).
panel means a professional conduct review panel.
panel of assessors—
(a) for this Act other than part 12A—means the following—
(i) the professional panels of assessors;
(ii) the public panel of assessors; or
(b) for part 12A—see section 398B.
place includes premises and vacant land.
place of seizure see section 93(a).
pre-amended Act, for part 13, division 4, see section 405I.
preliminary report see section 114(1).
premises includes—
(a) a building or other structure; and
(b) a part of a building or other structure; and
(c) land where a building or other structure is situated; and
(d) a vehicle.
president means the president of QCAT.
principal registrar means the principal registrar under the QCAT Act.
profession means the following—
(a) for a registrant who is a dental technician under the Dental Technicians Registration Act 2001—the dental technology profession;
(b) for a registrant registered under the Medical Radiation Technologists Registration Act 2001—the medical imaging technology profession, nuclear medicine technology profession or radiation therapy profession;
(c) for a registrant registered under the Occupational Therapists Registration Act 2001—the occupational therapy profession;
(d) for a registrant registered under the Speech Pathologists Registration Act 2001—the speech pathology profession;
(e) for an NRAS registrant—the health profession (as defined under the National Law) in which the registrant is registered to practise under the National Law.
Example—
If an NRAS registrant is registered under the National Law to practise the chiropractic profession, the registrant's profession is the chiropractic profession.
professional conduct review panel means a professional conduct review panel established under section 15.
professional panel of assessors—
(a) for this Act other than part 12A—means a panel of assessors mentioned in section 39(b); or
(b) for part 12A—see section 398B.
proposed action see section 311(2)(a).
public panel of assessors means the panel of assessors mentioned in section 39(a).
QCAT registry means the registry under the QCAT Act.
reasonably means on grounds that are reasonable in the circumstances.
referral notice see section 126(2).
register, of a board, means a register kept by the board under the health practitioner registration Act under which the board is established.
register, of a national board, means the board's register under the National Law.
registered means registered under a health practitioner registration Act.
registrant means a person registered under a health practitioner registration Act.
registrant's board, for a registrant, means the board established under the health practitioner registration Act under which the registrant is registered.
relevant decision-making provision, for part 12A, division 4, see section 398J.
relevant professional panel of assessors, for a registrant, means the professional panel of assessors consisting of members of the registrant's profession.
repealed Act, for part 13, division 3, see section 405A.
repealed health practitioner registration Act, for part 13, division 5, see section 405L.
repealed health practitioner registration Act means any of the following Acts after the Act is repealed—
• Chiropractors and Osteopaths Act 1979
• Dental Act 1971
• Dental Technicians and Dental Prosthetists Act 1991
• Medical Act 1939
• Occupational Therapists Act 1979
• Optometrists Act 1974
• Pharmacy Act 1976
• Physiotherapists Act 1964
• Podiatrists Act 1969
• Psychologists Act 1977
• Speech Pathologists Act 1979.
reprisal see section 388.
reviewable decision—
(a) for this Act other than part 12A—see section 325; or
(b) for part 12A—see section 398B.
review and appeal part means part 9.
review panel see section 319(1).
secretary means the person appointed under section 23(1).
suspected matter see section 268(1).
suspended decision see section 247(4).
tribunal means QCAT.
tribunal review decision—
(a) for this Act other than part 12A—see section 337; or
(b) for part 12A—see section 398B.
unsatisfactory professional conduct, for a registrant, includes the following—
(a) professional conduct that is of a lesser standard than that which might reasonably be expected of the registrant by the public or the registrant's professional peers;
(b) professional conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgment or care, in the practise of the registrant's profession;
(c) infamous conduct in a professional respect;
(d) misconduct in a professional respect;
(e) conduct discreditable to the registrant's profession;
(f) providing a person with health services of a kind that are excessive, unnecessary or not reasonably required for the person's wellbeing;
(g) influencing, or attempting to influence, the conduct of another registrant in a way that may compromise patient care;
(h) fraudulent or dishonest behaviour in the practise of the registrant's profession;
(i) other improper or unethical conduct.
user, of a service provided by a registrant or NRAS registrant, includes a person who used the service.
warrant form see section 86(5)(b).
wellbeing of vulnerable persons, in relation to a registrant, means the life, physical or psychological health, safety or welfare of anyone, including the following—
(a) users of the registrant's services;
(b) any other class of persons that may be affected by the registrant;
(c) the registrant.