South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) In this Act,
unless the contrary intention appears—
"the Board" means the Medical Board established under this Act;
"books" includes papers, documents, films and other records;
"the Chief Magistrate" means the person holding, or acting in, the office of
Chief Magistrate under the Magistrates Act 1983 ;
"company" means a company incorporated under the law of this State;
"director" of a company includes any person occupying or acting in the
position of director of the company whether validly appointed to occupy or
duly authorised to act in that position or not, and includes any person in
accordance with whose directions or instructions the directors of the company
are accustomed to act;
"equipment" includes appliances, instruments, dressings, specimens or
substances used in or for the purpose of medical treatment;
"the former board" means The Medical Board of South Australia established
under the repealed Act;
"general practitioner" means a person whose name is registered on the
general register but not on the specialist register;
"general register" means the register maintained under this Act of persons
qualified in accordance with this Act to practise medicine;
"medical practitioner" means a person whose name is registered on the
general register (whether or not it is also registered on the specialist
register);
"medical treatment" includes all medical or surgical advice, attendances,
services, procedures and operations;
"medicine" includes surgery;
"member" when used in Division 1 of Part 2 means a member of the Board and
when used in Division 2 of that Part means a member of the Tribunal;
"prescribed relative", in relation to a medical practitioner, means a parent,
spouse, child or grandchild of the medical practitioner;
"putative spouse", in relation to a medical practitioner, means a person who
is cohabiting with the medical practitioner as the husband or wife de facto of
the medical practitioner and—
(a) who
has so cohabited continuously over the last preceding period of five years, or
for periods aggregating five years over the last preceding period of six
years; or
(b) who
has had sexual relations with the medical practitioner resulting in the birth
of a child;
"Registrar" means the person holding the office of registrar under this Act;
"the repealed Act" means the Medical Practitioners Act 1919 repealed by
this Act;
"the Senior Judge" means the person holding, or acting in, the office of
Senior Judge under the Local and District Criminal Courts Act 1926 ;
"specialist" means a medical practitioner whose name is registered on the
specialist register;
"specialist register" means the register maintained under this Act of
medical practitioners whose qualifications and experience in a prescribed
branch of medicine are such as to entitle them to registration as specialists
in that branch of medicine;
"spouse" includes putative spouse;
"the Tribunal" means the Medical Practitioners Professional Conduct Tribunal
established under this Act;
"unprofessional conduct" includes—
(a)
improper or unethical conduct in relation to the practice of medicine; and
(b)
incompetence or negligence in relation to the practice of medicine; and
(c) a
contravention of or failure to comply with—
(i)
a provision of this Act; or
(ii)
a condition imposed by or under this Act in relation to
the registration of a medical practitioner under this Act.
(2) A reference in
this Act to unprofessional conduct extends to—
(a)
unprofessional conduct committed before the commencement of this Act; and
(b)
unprofessional conduct committed within or outside South Australia or the
Commonwealth.