Medical Act Amendment Act 1956 (WA)

No. 35.] Medical. [1956.

MEDICAL

5° Elizabeth II., No. XXXV.

No. 35 of 1956.

AN ACT to amend the Medical Act, 1894-1955.

[Assented to 18th December, 1956.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title,

commence-

ment and 1. (1) This Act may be cited as the Medical Act

citation.

Amendment Act, 1956, and shall come into operatior

on a date to be fixed by proclamation.

(2) In this Act the Medical Act, 1894-1955,

Act 58 Victories No. 36 as reprinted with amend• ments to and including Act No. 65 of 195 incorporated pursuant to the provisions of thE

1956. J Medical. [No. 35.

Amendments Incorporation Act, 1938, and as further amended by Acts No. 10 of 1955 and No. 18 of 1955,

is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Medical Act, 1894-1956.

S.11

2. Selection eleven of the principal Act is amended.

amended

(a) by substituting for subsection (1) the following subsection:—

(1) On or after the coming into opera- tion of the Medical Act Amendment Act, 1956, a person shall not be entitled to be registered as a medical practitioner un- less

(a) he pays to the Board together with his application for registra- tion the first annual practice fee prescribed in section sixteen A of this Act;

and

(b) he proves to the satisfaction of the Board-

(i) that he has received, after due examination from a legally constituted and recognised university in the Commonwealth of Australia or the Dominion of New Zealand a degree in medicine and surgery which that university is legally authorised to grant; or

No. 35.] Medical. [1956.

(ii)    that he has received, after due examination, from a licensing body specified in Schedule II. to this Act the primary qualification or one or more of the primary qualifications set out opposite and corres- ponding to that body in that Schedule; or

(iii)    that he has passed through a regular graded course of medical study of not less than five years' duration in a school or schools of medicine and has received after due examination from a university, college or other body duly recog- nised for that purpose in the dominion, province, state or country in which that university, college or body is established, a degree, license or diploma which, in the opinion of the Board,

qualifies him, or certifies to his ability, to practise medicine and surgery; and

is not lower in standard than the degree in medi- cine and surgery of the University of Western Australia;

and the Board, after mak- ing due enquiry, if neces- sary, is satisfied that by or under the laws in force in the dominion, province,

1956.] Medical. [No. 35.

state or country referred to in this subparagraph, in which that university, college or body is estab- lished, persons who hold a degree, obtained after examination, in medicine and surgery of the Univer- sity of Western Australia or are or would be per- mitted to practise medi- cine and surgery in that dominion, province, state or country without pass- ing through a further course of medical study or passing further examina- tion;

and

(iv)   that he is not debarred from practising medicine and surgery in the domin- ion, province, state or country in which he received his degree, license or diploma;

and

(v)   where the degree, license or diploma submitted as evidence of qualification was issued to the appli- cant as a result of study in more than one school, that he studied in one school for a continuous period of at least three years;

and

(vi)  except where he is exempted from the provi- sions of this subpara-

No. 35.] Medical. [1956.

graph, that he has, after obtaining the degree, license or diploma by virtue of which he applies for registration, served for a period of twelve months or for periods amounting in the aggre- gate to twelve months, or for such lesser period as the Board, in such special circumstances as it thinks fit, may allow, in the posi- tion of resident medical officer in one or more institutions or hospitals approved by the Board;

and

(c) the Board is of the opinion that he is a person of good fame and character. ; and

(b) by adding after subsection (1) subsections as follow:—

(la) Where a person pays to the Board the first annual practice fee in accordance with the provisions of paragraph (a) of subsection (1) of this section

(a)	the amount of the fee shall be deemed to include the fee for registration; and
(b)	in the event of his application for registration being refused, the amount of the fee so paid shall be refunded to the applicant.

(lb) (a) The Board may, either uncon-

ditionally or subject to such conditions

as the Board thinks fit, exempt from

1956.] Medical. [No. 35.

compliance with the provisions of sub- paragraph (vi) of paragraph (b) of sub- section (1) of this section any person who has complied with all the other provisions of that subsection.

(b) (i) A person so exempted uncondi- tionally is entitled to be registered as a medical practitioner without complying with the provisions of that subparagraph.

(ii) A person, so exempted subject to conditions, is entitled to be registered as a medical practitioner, without complying with the provisions of that subparagraph, after he complies with those conditions.

(1c) (a) Where a person has complied with all the provisions of subsection (1) of this section excepting subparagraph (vi) of paragraph (b) or where a person is exempted from compliance with the provisions of that subparagraph subject to conditions, the Board may grant him a certificate of temporary registration as a medical practitioner to enable him to comply with the provisions of that sub- paragraph or with the conditions, as the case may be.

(b) (i) A certificate of temporary registration is valid and has effect for such period, not exceeding twelve months, as the Board specifies in the certificate, but the Board may at its discretion, and on payment of such fee as it may require, not exceeding the fee payable by a medical practitioner under section sixteen A of this Act, renew a certificate or extend the validity of a certificate for such period or periods not exceeding twelve months in each case, as the Board thinks fit.

(ii) The Board may, if it thinks fit,

cancel a certificate of temporary registra-

tion and upon cancellation the certificate

No. 35.] Medical. [1956.

ceases to have effect notwithstanding that the period of validity specified in the certificate has not expired.

(c) (i) The holder of a certificate of temporary registration granted to enable him to comply with the provisions of subparagraph (vi) of paragraph (b) of subsection (1) of this section shall, when serving in the capacity of a resident medi- cal officer in an institution or a hospital approved by the Board, and during the currency of the certificate, for all purposes relating to the practice of medicine or surgery in that capacity, be deemed to be a medical practitioner registered under this Act.

(ii) The holder of a certificate of tem- porary registration granted to enable him to comply with conditions subject to which he is exempted from compliance with the provisions of that subparagraph shall during the currency of the certi- ficate for all purposes relating to the practice of medicine or surgery in accord- ance with those conditions be deemed to be a medical practitioner registered under this Act.

New

Schedule II. 3. The principal Act is amended by substituting

substituted. for Schedule II. the following Schedule:—

SCHEDULE II. S. 11 (1).

Licensing Bodies in the United

Kingdom and the Republic of	Primary Qualifications.
Ireland.

University of Birmingham Bachelor of Medicine and Bachelor

of Surgery.

University of Bristol ... Bachelor of Medicine and Bachelor

of Surgery.

University of Cambridge Bachelor of Medicine and Bachelor

of Surgery.

University of Durham Bachelor of Medicine and Bachelor

of Surgery.

University of Leeds . Bachelor of Medicine and Bachelor

of Surgery.

1956.] [No. 35.

Medical.

Licensing Bodies in the United

Kingdom and the Republic of	Primary Qualifications.
Ireland.

University of Liverpool Bachelor of Medicine and Bachelor

of Surgery.

University of London Bachelor of Medicine and Bachelor

of Surgery.

University of Manchester .. Bachelor of Medicine and Bachelor

of Surgery.

University of Oxford Bachelor of Medicine and Bachelor

of Surgery.

University of Sheffield Bachelor of Medicine and Bachelor

of Surgery.

University of Wales . Bachelor of Medicine and Bachelor

of Surgery.

University of Aberdeen Bachelor of Medicine and Bachelor

of Surgery.

University of Edinburgh .... Bachelor of Medicine and Bachelor

of Surgery.

University of Glasgow . Bachelor of Medicine and Bachelor

of Surgery.

University of St. Andrews .... Bachelor of Medicine and Bachelor

of Surgery.

Oneen's University of Belfast Bachelor of Medicine and Bachelor

of Surgery.

University of Dublin ....	Bachelor in Medicine and Bachelor in Surgery. Licentiate in Medicine and Licentiate in Surgery.
National University of Ireland	Bachelor of Medicine and Bachelor

of Surgery.

Royal College of Physicians on

London

Royal College of Surgeons of( Licentiate Member.

England

Society of Apothecaries of Licentiate in Medicine, Surgery,

London and Midwifery; Licentiate.

Royal College of Physicians ofl

Edinburgh

Royal College of Surgeons of

Edinburgh Licentiate.

Royal Faculty of Physicians

and Surgeons of Glasgow.)

Royal College of Physicians oft

Ireland Licentiate and Licentiate in Mid-

Royal College of Surgeons in( wifery.

Ireland

Apothecaries' Hall of Dublin Licentiate.