MEDICAL PRACTITIONERS REGISTRATION ACT 2001

Queensland Consolidated Acts

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MEDICAL PRACTITIONERS REGISTRATION ACT 2001

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

Division 1--Introduction

1. Short title
2. Commencement

Division 2--Operation of Act

3. Act binds all persons
4. The legislative scheme
5. Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999
6. Mutual recognition legislation not affected

Division 3--Objects

7. Objects of Act

Division 4--Interpretation

8. Definitions

Part 2--Medical Board of Queensland

Division 1--Establishment and functions

9. Establishment of board
10. Board's relationship with the State
11. Functions of board
11A. Board to act promptly etc.
12. Board's independence etc.
13. Powers of board
14. Delegation by board

Division 2--Membership

15. Membership of board
16. Appointed registrant members
17. Public members
18. Certain nominee board members
19. Chairperson and deputy chairperson of board
20. Term of appointment
21. Disqualification from membership
22. Vacation of office
23. When notice of resignation takes effect
24. Leave of absence for an appointed member
25. Effect of vacancy in membership of board
26. Remuneration of members

Division 3--Board business

27. Conduct of business
28. Times and places of meetings
29. Quorum
30. Presiding at meetings
31. Conduct of meetings
32. Minutes

Division 4--Board committees

33. Committees
34. Remuneration of committee members

Division 5--Disclosure of interests by board members and committee members

35. Disclosure of interests

Division 6--Directions by Minister

36. Minister's power to give directions in the public interest

Division 7--Annual reports

37. Matters to be included in annual report

Division 8--Other provisions about the board

38. Board is statutory body under the Financial Accountability Act 2009
39. Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982
40. Board's common seal

Part 3--Registration

Division 1--Preliminary

41. Who may apply for registration

Division 2--Applications for general registration
Subdivision 1--Applications

42. Procedural requirements for applications
Subdivision 2--Eligibility for general registration
43. Eligibility
44. When applicant is qualified for general registration
45. Fitness to practise the profession
Subdivision 3--Inquiries into applications
46. Board's powers before deciding applications
47. Appointment of appropriately qualified person to conduct health assessment
48. Report about health assessment
49. Use of assessment report
50. Payment for health assessments and reports
Subdivision 4--Decision on applications
51. Decision
52. Steps to be taken after application decided
53. Failure to decide applications
54. Further consideration of applications
Subdivision 5--Information in certificates of general registration
55. Forms of certificates of general registration
Subdivision 6--Period of general registration
56. Period
Subdivision 7--Conditions of general registration
57. Imposition of internship conditions
58. Imposition of supervised practice program conditions
59. Imposition of other conditions by board
60. Contravention of conditions

Division 3--Provisional general registration

61. Meaning of authorised person for div 3
62. Provisional general registration of a person on internship conditions
63. Confirmation or cancellation of provisional general registration
64. Procedure after cancellation of provisional general registration
65. Form of certificate of provisional general registration
66. Period
67. Board decides to register provisional general registrant as a general registrant
68. Board decides to refuse to register provisional general registrant as a general registrant
69. Deemed refusal by board to register provisional general registrant as a general registrant

Division 4--Renewal of general registrations
Subdivision 1--Preliminary

69A. Non-application of div 4 to short-term registration
70. Meaning of recency of practice requirements
Subdivision 2--Applications for renewal of general registrations
71. Notification of imminent expiry of registration
72. Procedural requirements for applications
73. General registration taken to be in force while application is considered
Subdivision 3--Decision on applications
74. Inquiries into applications
75. Decision
76. Recency of practice requirements are not satisfied
77. Steps to be taken after application decided

Division 5--Restoration of general registrations

77A. Non-application of div 5 to short-term registration
78. Application of div 4, sdivs 1 and 3
79. When an application for restoration of a general registration may be made
80. Procedural requirements for applications
81. Period of restored registration
82. Conditions of expired registration
83. When recency of practice conditions take effect

Division 6--Cancellation of general registrations

84. Grounds for cancellation
85. Show cause notice
86. Representations about show cause notices
87. Ending show cause process without further action
88. Cancellation
89. Return of cancelled certificate of general registration to board

Division 7--Reviewing probationary conditions on general registrations

90. Review of probationary conditions
91. Registrant to give notice of completion of internship, or supervised practice program, to board
92. Board to give notice to internship nominee or supervisor
93. Board's powers before making decision
94. Decision
95. When decision takes effect
96. Failure by board to make decision
97. Issuing new certificate of general registration

Division 8--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or QCAT

98. Review of conditions
99. How registrant may start a review
100. Review of conditions during review period
101. Board's powers before making decision
102. Application of ss 47-50
103. Deemed withdrawal of application etc.
104. Decision
105. When decision takes effect
106. Failure by board to make decision on application
107. Failure by board to make decision on review agreed to under s 100
108. Further decision required if certain conditions changed
Subdivision 2--Recording change, or removal, of conditions
109. Amending, replacing, or issuing new, certificate of general registration

Division 9--Specialist registration
Subdivision 1--Applications

110. Procedural requirements for applications
Subdivision 2--Eligibility for specialist registration
111. Eligibility
Subdivision 3--Inquiries into applications
112. Board's powers before deciding applications
113. Application of ss 47-50
Subdivision 4--Decision on applications
114. Decision
115. Steps to be taken after application decided
116. Failure to decide applications
117. Further consideration of applications
Subdivision 5--Information in certificates of specialist registration
118. Form of certificates of specialist registration
Subdivision 6--Period of specialist registration
119. Period
Subdivision 7--Conditions of specialist registration
120. Conditions attaching to general registration applicable to specialist registration
121. Imposition of conditions by board
121A. Condition of practice under supervision
122. Contravention of conditions
123. Standard condition of specialist registration of certain persons
Subdivision 8--Application of certain provisions
124. Application of certain provisions to provisional specialist registration and specialist registration
125. Provisional specialist registration of a person
Subdivision 9--Miscellaneous
126. Additional information to be included in show cause notice
127. Effect on specialist registration if general registration ceases to have effect
128. Effect on specialist registration if conditions on general registration are changed or removed
129. Restoration of specialist registration
130. Decision about recording details of certain conditions in register

Division 10--Special purpose registrations
Subdivision 1AA--Preliminary

130A. Definitions for div 10
Subdivision 1--Eligibility for special purpose registration
131. Eligibility
132. Postgraduate study or training
133. Supervised training to prepare for clinical examination
134. Medical teaching or research, and connected practice
135. Practice in area of need
136. Study or training to obtain a qualification in a specialty
137. Practice in the public interest
138. Practice in general practice
Subdivision 2--Applications for special purpose registration
139. Application of divs 2 and 3
140. Period of special purpose registration
140A. Standard condition—registration under ss 132-137
140B. Standard condition—registration under ss 132-136
141. Imposition of conditions by board
142. Contravention of conditions
143. Provisional special purpose registration of a person
143A. Deemed specialist registration
Subdivision 3--Renewal of special purpose registrations
143B. Non-application of sdiv 3 to short-term registration
144. Application of div 4, sdivs 2 and 3
145. Matters that may be considered in deciding applications for renewal of special purpose registrations
146. Renewal on conditions
147. Period of renewed special purpose registration
Subdivision 4--Cancellation of special purpose registrations
148. Application of div 6
149. Grounds for cancellation
Subdivision 5--Changing or removing conditions
149A. Changing conditions
150. Removal
150A. Amending, replacing, or issuing new, certificate of general registration
Subdivision 6--Notification of the board
150AA. Notice to the board of temporary or permanent transfer to junior medical officer position
150AB. Approval of proposed supervised practice plan
150AC. Notice to the board of supervised training

Division 10A--Limited registrations and non-practising registrations
Subdivision 1AA--Limited registration

150AD. Limitation on right to practise
Subdivision 1--Eligibility for non-practising registration
150B. Eligibility
Subdivision 2--Applications for non-practising registration
150C. Application of div 2
150D. Suitability of proposed non-practising registrant
150E. Board's powers before deciding applications
150F. Failure to decide application
150G. Forms of certificates of non-practising registration
150H. Standard condition
Subdivision 3--Cancellation of non-practising registrations
150I. Application of div 6
150J. Grounds for cancellation

Division 11--General provisions about registrations

151. Person is taken to be registered under this part
152. Surrender of registrations
153. Replacement of certificates of registration
154. Certified copy of certificates of registration
155. Notification of change in circumstances
156. Notification of certain events to interstate regulatory authorities and other entities
156A. Short-term registration
156B. Report about delayed applications

Part 4--Obligations of registrants and other persons

Division 1--Restricted titles and holding out

157. Taking of restricted titles etc.
158. Taking of restricted specialist title etc. by person
159. Using restricted specialist title in relation to other person
160. Use of title 'doctor'
161. Claims by persons as to registration and prohibited conduct by non-registrants
162. Claims by persons as to other persons' registration
163. Restrictions on certain registrants
164. Restrictions on provisional registrants
165. Restrictions on registrants registered on conditions

Division 2--Reportable misconduct

166. Registrant must give notice about reportable misconduct

Division 3--Advertising

168. Obligations of advertisers
169. Information to appear in advertisements

Division 4--Registrants' autonomy

170. Aiding, abetting etc. conduct that is a ground for disciplinary action

Division 5--Court orders and injunctions

171. Persons may be prohibited from supplying health services etc.
172. Injunctions

Division 6--Reprisals

173. Reprisal and grounds for reprisals
174. Offence for taking reprisal
175. Damages entitlement for reprisal

Division 7--Other provisions

176. Protection for registrants providing information about indictable offences to police officers
177. Payment, or acceptance of payment, for referrals prohibited

Part 5--Intern training programs and intern training secondment programs

Division 1--Preliminary

178. Definition for pt 5

Division 2--Accreditation of a program

179. Application for accreditation
180. Criteria for applications
180A. Protection from liability
181. Inquiries into applications
182. Decision
183. Failure to decide applications
184. Accreditation certificate
185. Period

Division 3--Renewal of accreditation

186. Applications for renewal
187. Inquiries into applications
188. Accreditation taken to be in force while application is considered
189. Decision

Division 4--Cancellation of accreditation

190. Ground for cancellation
191. Show cause notice
192. Representations about show cause notices
193. Ending show cause process without further action
194. Cancellation
195. Return of accreditation certificate to board

Division 5--General provisions about accreditation

196. Surrender of accreditation
197. Replacement of accreditation certificates

Part 6--Investigation and enforcement

Division 1--Inspectors

198. Functions of inspectors
199. Powers of inspectors
200. Limitation on powers of inspectors

Division 2--Appointment of inspectors and other matters

201. Appointments
202. Appointment conditions
203. Identity cards
204. Failure to return identity card
205. Production or display of inspector's identity card

Division 3--Powers of inspectors
Subdivision 1--Entry of places

206. Power to enter places
Subdivision 2--Procedure for entry
207. Entry with consent
208. Application for warrant
209. Issue of warrant
210. Special warrants
211. Warrants—procedure before entry
Subdivision 3--Powers after entry
212. General powers after entering places
213. Failure to help inspector
214. Failure to give information
Subdivision 4--Power to seize evidence
215. Seizing evidence at a place that may be entered without consent or warrant
216. Seizing evidence at a place that may only be entered with consent or warrant
217. Securing seized things
218. Tampering with seized things
219. Powers to support seizure
220. Receipts for seized things
221. Forfeiture of seized things
222. Forfeiture on conviction
223. Dealing with forfeited things etc.
224. Return of seized things
225. Access to seized things
Subdivision 5--Power to obtain information
226. Power to require name and address
227. Failure to give name or address
228. Power to require production of documents
229. Failure to produce document
230. Power to require information

Division 4--General enforcement matters

231. Notice of damage
232. Compensation
233. False or misleading information
234. False or misleading documents
235. Obstructing inspectors
236. Impersonation of inspectors

Part 7--Reviews by QCAT

237. Who may apply for a review
238. Particular matters relating to powers of QCAT

Part 8--Legal proceedings

Division 1--Evidence

242. Application of division
243. Appointments and authority
244. Signatures
245. Evidentiary provisions

Division 2--Proceedings

246. Indictable and summary offences
247. Proceedings for indictable offences
248. Limitation on who may summarily hear indictable offence
249. Limitation on time for starting summary proceedings
250. Allegations of false or misleading information or documents
251. Penalties to be paid to board
252. Responsibility for acts or omissions of representatives
253. Executive officers must ensure corporation complies with Act

Part 9--Register, records and information

Division 1--Register

254. Register to be kept
255. Inspection of register

Division 2--Records to be kept

256. Records

Division 3--Information

257. Confidentiality of information
258. Board's annual report must disclose authorisation

Part 10--Miscellaneous

Division 1--Abandoned, and other, health records

259. Definitions for div 1
260. Board may take possession of abandoned health records
261. Health records forming part of deceased estate
262. Health records of persons convicted of an offence against s 157(1) or (6), 158 or 161
263. Dealing with certain health records seized under s 215 or 216
264. How board may deal with health records
265. Destruction of health records

Division 2--Continuing professional education of registrants

266. Continuing professional education programs

Division 3--Declared events

267. Definitions for div 3
268. Declaration of events
269. Deemed general or specialist registration of visiting practitioners

Division 4--Other provisions

270. Provision of certain professional services by interstate practitioners
271. Protecting officials from liability
272. Protection for persons involved in supervising registrants
273. False or misleading information or documents
274. Certificates etc. not to be false or misleading
275. Application of provisions
276. Approval of forms
277. Examination fees
278. Regulation-making power

Part 11--Repeal and transitional provisions

Division 1--Repeal

279. Repeal of Medical Act 1939

Division 2--Transitional provisions for Act No. 7 of 2001

280. Definitions for div 2
281. Saving of certain orders made under repealed Act
282. References to repealed Act or former board
283. Board is the legal successor
284. Assets and liabilities etc.
285. Service agreements
286. Proceedings
287. Dealing with matter under Health Practitioners (Professional Standards) Act 1999
288. Offences
289. Membership of board
290. Chairperson of board
291. Deputy chairperson of board
292. Appeals
293. Existing registrations
294. Changing or removing conditions imposed under repealed Act
295. Existing applications for certain column 1 registrations
296. Suspended registrations
297. Continuation of approvals for intern training
298. Unmet area of need
300. Records
301. Certain Act has not been repealed

Division 3--Transitional provision for Medical Practitioners Registration Amendment Act 2006

302. Transitional—amendment of regulation

Division 4--Transitional provision for Medical Board (Administration) Act 2006

303. Continuing appointment of inspector

Division 4--Transitional provision for Health Legislation Amendment Act 2006

303. Existing special purpose registration
SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
SCHEDULE 3 DICTIONARY
Endnotes

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