Medical Act Amendment Act 1980 (Qld)

57 uulls iY br ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 7 of 1980 An Act to amend the MedicalAct 1939-1979 in certain particulars ASSENTED TO 10TH APRIL, 1980] 3

58 Medical Act Amendment Act 1980, No. 7 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Medical Act Amendment Act 1980. (2) In this Act the Medical Act1939-1979 is referred' to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Medical Act1939-1980. 2. Amendment of s. 16. Section 16 of the Principal Act is amended by in subsection (I), in paragraph (vii) omitting the words ", surgery, and obstetrics " and substituting the words " and surgery and the aggregate amount of the period or periods of such experience ". 3. Repeal of and new s . 19. The Principal Act is amended by repealing section 19 and substituting the following section:- " 19. Registration of medical practitioners . (1) Subject to this Act, a person who makes application to the Board in that behalf in the prescribed form and pays the prescribed fees shall- be entitled to be registered under this Act as a medical practitioner if he proves to the Board that- (a) he is the holder of a primary degree in medicine and surgery granted after due examination by any university in Australia; or (b) he is the holder of one of the prescribed qualifications; or (c) he is the holder of a primary degree, diploma or certificate conferred after due examination by a university, college or other body that in each case is duly recognized in the country in which it is situated as competent to confer the same, which degree, diploma or certificate is recognized by the Board as qualifying the applicant to practise medicine in that country and that he is entitled under subsection (3) to be so registered, and further so proves that- (d) subsequent to obtaining the degree, diploma or certificate on which he relies he has served for the period or periods the aggregate amount of which is as prescribed as an intern and has obtained the prescribed experience in medicine and surgery- (i) in one or more of the hospitals to which the Hospitals Act 1936-1979 applies; or (ii) in a hospital in Queensland approved by the Board; or (iii) in a hospital outside Queensland specifically approved by the Board, and produces to the Board a certificate or certificates a:; prescribed that all of such service was performed and completed to the satisfaction of the competent authority or authorities controlling the hospital or hospitals concerned; or

Medical Act Amendment Act 1980 , No. 7 59 (e) he is duly entitled to practise and has practised medicine for at least three years outside Queensland, and further satisfies the Board that- (f) he is of good fame and character; and (g) he has a sound understanding of the English language and possesses sufficient knowledge of and sufficient skill in the expression of that language, both written and oral; and (h) he is medically fit to practise medicine. The Board may, where it thinks fit, appoint a Committee of Assessors, composed of medical practitioners (whether or not they are members of the Board), to determine the medical fitness to practise medicine of an applicant for registration or renewal of registration, and the Board may require the applicant to appear before the Committee. On being so required the applicant shall report to the Committee of Assessors at the time and place stipulated in the requisition and shall submit himself to examination by the Committee and to such other tests or examinations as the Committee may require. On completion of the examination and such other tests or examinations as are required the Committee of Assessors shall certify to the Board as to the Medical fitness of the applicant to practise medicine and the Board shall be bound by that certificate. If an applicant fails to report or submit himself when and as required pursuant to this subsection the Board shall reject his application for registration or renewal of registration. (2) A person whose application for registration as a medical practitioner depends on his being a holder of one of the prescribed qualifications referred to in paragraph (b) of subsection (1) shall, subject to this Act- (a) in the first instance be entitled to be registered under this Act as a medical practitioner for a period of one year only; (b) not be entitled to be so registered unless- (i) he has proved to the satisfaction of the Board that he has the knowledge, skill and ability to practise medicine efficiently in Queensland; and (ii) if the Board requires it, he has undertaken such firther training and experience or training or experience as would in the opinion of the Board enable the applicant to satisfy the Board that he has the knowledge, skill and ability to practise medicine efficiently in Queensland. If a person who, pursuant to paragraph (a), has been registered for a period of one year only, prior to the expiration of that period, satisfies the Board that he is practising medicine in Queensland, the Board may confirm the registration of that person as a medical practitioner under this Act whereupon his registration shall, unless the Board decides otherwise, date from the granting of the certificate granted to him in the first instance.

60 Medical Act Amendment Act 1980, No. 7 (3) A person whose application for registration as a medical practitioner depends partly on the qualification referred to in paragraph (c) of subsection (1) shall not be entitled to be so registered unless- (a) subsequent to his obtaining the primary degree, diploma or certificate that he holds, he has completed a postgraduate course in a specialty and in respect thereof holds. a prescribed qualification and has had such experience in that specialty as he would ordinarily require to be registered in that specialty as prescribed by section 22; and (b) he satisfies the Board that he has come to Queensland to be engaged in a position approved by the Board; and (c) he has proved to the satisfaction of the Board that he has the knowledge, skill and ability to practise medicine efficiently in Queensland. The Board may register a person to whom it has applied the provisions of this subsection and shall endorse such registration by reference to a limitation specified in this paragraph and, if a period is determined by the Board, to that period whereupon the authority conferred on that person by reason of such registration shall be limited to his practise of medicine- (d) in the branch of medicine so endorsed; or (e) in a hospital, institution or place, or class thereof, so endorsed; or (f) in the branch of medicine so endorsed and in a hospital, institution or place, or class thereof, so endorsed, and, if a period is specified, that person shall be registered for that period only: Provided that the Board in like manner may reduce or extend that period for such further period or periods as it thinks fit and the registration of that person shall be reduced or extended accordingly. (4) For the purposes of paragraph (b) of subsection.(1) the expression " prescribed qualifications " means those qualifications set out in the Second Schedule to this Act or in that Schedule as amended from time to time by the Governor in Council. For the purposes of subparagraph (a) of subsection (3) the expression " prescribed qualification " means a qualification in the specialty to which it relates set out in the Third Schedule to this Act or in that Schedule as amended from time to time by the Governor in Council which qualification accords with the special conditions or conditions set out in that Schedule opposite to the qualification. (5) If a certificate of service referred to in paragraph (d) of subsection (1) is not provided by the competent authority referred to in that paragraph and the applicant concerned shows to the Board that, prima facie, he is justly entitled to the certificate, the Board may, by notice in writing to the competent authority, call upon it to show cause to the Board at a place, date and time specified by it in such notice why the certificate should not be provided. If such cause is not shown to the Board's satisfaction as requested by the Board, the Board may direct the competent authority to provide the applicant with the certificate within the time specified by the Board.

Medical Act Amendment Act 1980 , No. 7 61 If the certificate is not duly provided by the competent authority the Board may proceed with the applicant's application for registration as if such certificate had been provided. The Board shall report to the Minister upon any case arising under this subsection. (6) Any certificate of service provided under paragraph (d) of subsection (1) shall be in the prescribed fQrm and shall contain the prescribed particulars or, in so far as they are not prescribed, particulars of the experience in medicine and surgery obtained by the applicant for registration to whom it refers. (7) The Governor in Council may direct the governing authority of any hospital within Queensland referred to in subsection (1) to appoint as an intern any person who (being otherwise qualified as prescribed by paragraph (a) or (b) of subsection (1)) would be entitled to be registered as a medical practitioner upon serving as an intern as prescribed and thereupon that governing authority shall so appoint that person and shall continue such appointment for the period specified with respect to his service unless the Governor in Council otherwise directs. (8) The operation of paragraph (c) of subsection (1) may at any time be suspended by the Governor in Council by Proclamation and, if so suspended, the said paragraph (c) shall be of no force or effect unless and until the Governor in Council revokes such Proclamation. (9) The Governor in Council may by Order in Council amend the Second Schedule and the Third Schedule to this Act by adding words, omitting words, or omitting words and substituting otjaer words as he thinks fit. Upon amendment the Schedule as so amended shall be taken to be the Second Schedule or, as the case may be, the Third Schedule to this Act.".