Medical and Paramedical (Amendment of Inspectorial and Audit Provisions) Act 1987 (Qld)

128 Queenqlanb ANNO TRICESIMO SEXTO ELIZABETHAE . SECUNDAE REGINAE 10 1987 An Act to amend the Medical Act and Other Acts (Administration ) Act 1966 - 1980, the Chiropodists Act1969-1984 , the Chiropractic Manipulative TherapistsAct 1979-1984 , the Dental Act 1971-1984, the MedicalAct 1939 - 1984 , the Nursing Act 1976-1984, the OccupationalTherapistsAct 1979- 1984, the OptometristsAct 1974- 1984 , the Pharmacy Act 1976- 1984, the Psychologists Act 1977-1984 and the SpeechTherapistsAct 1979- 1984 each in certain particulars [ASSENTED TO 15TH APRIL, 1987]

Medical and Paramedical (Amendment of Inspectorial and Audit Provisions ) Act 1987, No. 10 129 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:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Medical and Paramedical (Amendment of Inspectorial and Audit Provisions) Act 1987. 2. Arrangement of Act. This Act is divided into parts as follows:- PART I-PRELIMINARY (ss. 1-2); PART II-AMENDMENT OF MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966-1980 (ss. 3-11); PART I11-AMENDMENT OF CHIROPODISTS ACT 1969- 1984 (ss. 12-13); PART IV-AMENDMENT OF CHIROPRACTIC MANIPULATIVE THERAPISTS ACT 1979-1984 (ss. 14- 15); PART V-AMENDMENT OF DENTAL ACT 1971-1984 (ss. 16-17); PART VI-AMENDMENT OF MEDICAL ACT 1939-1984 (ss. 18-19); PART VII-AMENDMENT OF NURSING ACT 1976-1984 (ss. 20-21); PART VIII-AMENDMENT OF OCCUPATIONAL THERAPISTS ACT 1979-1984 (ss. 22-23); PART IX-AMENDMENT OF OPTOMETRISTS ACT 1974- 1984 (ss. 24-25); PART X-AMENDMENT OF PHARMACY ACT 1976-1984 (ss. 26-27); PART XI-AMENDMENT OF PSYCHOLOGISTS ACT 1977- 1984 (ss. 28-29); PART XII-AMENDMENT OF SPEECH THERAPISTS ACT 1979-1984 (ss. 30-31). PART II-AMENDMENT OF MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966-1980 3. Citation . (1) In this Part the Medical Act and Other Acts(Administration) Act 1966-1980 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Medical Act and Other Acts (Administration) Act 1966-1987. 4. New s. 3. The Principal Act is amended by inserting after section 2 the following section:- "3. Interpretation . In this Act, save where a contrary intention appears- "financial year" means the period commencing on 1 July in any calendar year and concluding on 30 June in the next succeeding calendar year;

130 Medical and Paramedical (Amendment of Inspectorial and Audit Provisions ) Act 1987, No. 10 "Minister" means the Minister of the Crown who at the material time is charged with the administration of this Act and includes the person for the time being performing the duties of the Minister.". 5. Repeal of and new s. 11. Audit. The Principal Act is amended by repealing section 11 and substituting the following section: "11. Audit. (1) The Auditor-General shall audit the accounts of each of the Boards referred to in section 4 and in respect thereof shall have and may exercise all the powers and authorities conferred on him by the Financial Administration and Audit Act1977-1985. The fees payable in respect of each audit shall be fixed by the Auditor-General. (2) The Auditor-General shall certify on the annual statements of account prepared in accordance with section 11 A whether or not he has obtained all the information and explanations required by him and whether or not the statements (a) are in the form approved by the Minister; (b) are in agreement with accounts established and kept in accordance with the prescribed requirements; and (c) have, in his opinion, been properly drawn up so as to present a true and fair view of the transactions for the financial year in question and, where applicable, the financial position at the end of that year on a basis consistent with that applied in respect of the financial year last preceding, and after such certification, shall deliver such statements to the Board concerned. (3) The annual statements of account bearing the certificate of the Auditor-General pursuant to this section together with observations and recommendations of the Auditor-General made pursuant to the Financial Administration and Audit Act 1977- 1985, if any, shall be considered by the Board concerned at the first ordinary meeting held after the certified statements and observations and recommendations become available to the Board. (4) Any provision in any of the Acts referred to in section 4 in relation to the auditing of accounts or associated books or records of a Board applies subject to this section.". 6. New ss.11A and 11B. The Principal Act is amended by inserting after section 11 the following sections:- "11A. Annual statements of account . (1) As soon as possible after the close of each financial year but in no case later than two months after the close, unless otherwise authorized by the Minister, each of the Boards referred to in section 4 shall balance its accounts and prepare annual statements of account in such form as the Minister may approve, following consultation with the Auditor-General.

Medical and Paramedical (Amendment of Inspectorial and Audit Provisions) Act 1987, No. 10 131 (2) The president or, as the case may be, the chairman of each Board and the registrar shall certify as to whether or not in their opinion the annual statements of account fairly set out the financial transactions of the Board for the period to which they relate and, where applicable, show a true and fair view of the state of affairs at the close of the period on a basis consistent with that applied in the financial year last preceding, and shall thereupon transmit those statements and that certificate to the Auditor-General for audit and certification pursuant to section 11. 11B. Annual report. (1) Each of the Boards referred to in section 4 shall, as soon as practicable after the close of each financial year, prepare and furnish to the Minister a report on its operations during the financial year. (2) A report referred to in subsection (1) shall contain such information as the Minister may direct and shall have appended thereto a copy of the relative annual statements of account bearing the certificate of the Auditor-General. (3) The Minister shall lay the report referred to in subsection (1) before the Legislative Assembly within 14 sitting days from the day on which he receives such report.". 7. Amendment of s. 13 . Meaning of terms. Section 13 of the Principal Act is amended by inserting after the expressions "14," the expressions "14A, 14B," 8. Amendment of s. 14 . Powers of Inspectors . Section 14 of the Principal Act is amended by in subsection (1)- (a) omitting provision (ii) and substituting the following provision:- "(ii) upon such entry inspect, examine, seize, remove and detain any equipment, appliance, books, letters, accounts, records, documents, cards or other writings that he believes, on reasonable grounds, will afford evidence as to the contravention or failure to comply with the provisions of any of the prescribed Acts or this Act;"; (b) inserting after provision (vi) the following provision:- "(via) require any person to produce to him all books , letters, accounts, records, documents , cards and other writings held by him and may inspect , examine, seize , remove and detain any book, letter , account, record , document , card or writing so produced that he believes , on' reasonable grounds, will afford evidence as to the contravention or failure to comply with the provisions of any of the prescribed Acts or this Act;"

132 Medical and Paramedical (Amendment of Inspectorial and Audit Provisions ) Act 1987, No. 10 9. New ss. 14A and 14B . The Principal Act is amended by inserting after section 14 the following sections:- "14A. Detention and disposal of things seized . Where an inspector has seized any book, letter, account, record, document, card or writing pursuant to section 14- (a) he shall, as soon as is practicable, give to the person in whose physical possession or control the thing seized was at the time of seizure a notice in writing containing a sufficient description of the thing seized to enable it to be identified; (b) the Board concerned with the administration of such of the prescribed Acts as is relevant shall give or cause to be given without payment of any fee a copy of the thing seized within 14 days of receiving a request in writing from the person referred to in provision (a) or his legal representative so to do; (c) the thing seized may be retained for a period of 12 months from and including the date of such seizure unless- (i) it is sooner established to the satisfaction of the Board concerned with the administration of such of the prescribed Acts as is relevant, as evidenced by the passing by the Board of a resolution to that effect, that at the time of seizure and retention, no offence against the relevant Act in relation to the thing seized has been committed, in which case the thing seized shall be returned to the person from whom it was taken within 14 days from and including the date on which the resolution was passed; (ii) within that period proceedings for an offence have been instituted in which proceedings the writing seized may be used as evidence, in which case, if those proceedings have not been finally determined within that period, the thing seized shall be returned to the person from whom it was taken, within 30 days from and including the date of the final determination (including the determination of any appeal therein, if any) of those proceedings. 14B. Confidentiality . (1) Save in the exercise of a power or the performance of a function or duty conferred or imposed on him under this Act or under or pursuant to any other Act, every person who is a member of the Board concerned with the administration of such of the prescribed Acts as is relevant and every person engaged in the administration of the relevant Act, shall preserve and aid in preserving secrecy with respect to the

Medical and Paramedical (Amendment of Inspectorial and Audit Provisions) Act 1987, No. 10 133 contents of any book, letter, account, record, document, card or writing seized pursuant to section 14: Provided that the thing seized may at the discretion of the Board concerned be used as evidence in proceedings for an offence of a kind referred to in section 14A (c) (ii). (2) A person who contravenes or fails to comply with the provisions of subsection (1) commits an offence against this Act and is liable to a penalty not exceeding 10 penalty units. (3) Notwithstanding the provisions of section 16, a prosecution for an offence against this section shall be instituted on the complaint of a person authorized for that purpose by the Minister.". 10. Amendment of s. 15. Obstructing an Inspector , etc. Section 15 of the Principal Act is amended by- (a) inserting in subsection (1) after provision (iv) the following provision:- "(iva) when duly required by an inspector to produce all books, letters, accounts, records, documents, cards and writings held by him, fails to produce those books, letters, accounts, records, documents, cards and writings;"; (b) inserting in subsection (2) after the words "certificate of registration" the words "or to produce all books, letters, accounts, records, documents, cards and writings". 11. Amendment of s. 16. Proceedings for offences . Section 16 of the Principal Act is amended by omitting from subsection (1) the words "A prosecution" and substituting the words "Subject to section 14B, a prosecution". PART III-AMENDMENT OF CHIROPODISTS ACT 1969-1984 12. Citation . (1) In this Part the Chiropodists Act 1969-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Chiropodists Act 1969-1987. 13. Amendment of s. 15. Funds of Board . Section 15 of the Principal Act is amended by omitting the second paragraph from subsection (1). PART IV-AMENDMENT OF CHIROPRACTIC MANIPULATIVE THERAPISTS ACT 1979-1984 14. Citation. (1) In this Part the Chiropractic Manipulative TherapistsAct 1979-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the ChiropracticManipulative Therapists Act 1979-1987. 15. Amendment of s. 16. Funds of Board . Section 16 of the Principal Act is amended by omitting subsection (3).

134 Medical and Paramedical (Amendment of Inspectorial and Audit Provisions ) Act 1987, No. 10 PART V-AMENDMENT OF DENTAL ACT 1971-1984 16. Citation. (1) In this Part the Dental Act 1971- 1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Dental Act1971-1987. 17. Amendment of s. 16 . Funds of Board . Section 16 of the Principal Act is amended by- (a) omitting from subsection (2) all words from and including and a statement" to and including "the Minister annually"; (b) omitting subsection (3). PART VI-AMENDMENT OF MEDICAL ACT 1939-1984 18. Citation . (1) In this Part the Medical Act 1939-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Medical Act 1939-1987. 19. Amendment of s. 14. Funds of Board . Section 14 of the Principal Act is amended by omitting subsection (3). PART VII-AMENDMENT OF NURSING ACT 1976-1984 20. Citation . (1) In this Part the Nursing Act 1976-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Nursing Act 1976-1987. 21. Amendment of s. 20 . Accounts . Section 20 of the Principal Act is amended by omitting from subsection (3) all words from and including ", and a statement " to and including "Minister annually". PART VIII-AMENDMENT OF OCCUPATIONAL THERAPISTS ACT 1979-1984 22. Citation . (1) In this Part the Occupational Therapists Act 1979- 1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Occupational Therapists Act 1979-1987. 23. Amendment of s. 16. Funds of Board. Section 16 of the Principal Act is amended by omitting from subsection (3).all words from and including ", and a statement" to and including "Minister annually". PART IX-AMENDMENT OF OPTOMETRISTS ACT 1974-1984 24. Citation . ( 1) In this Part the Optometrists Act 1974-1984 is referred to as the Principal Act.

Medical and Paramedical (Amendment of Inspectorial and Audit Provisions) Act 1987, No. 10 135 (2) The Principal Act as amended by this Part may be cited as the OptometristsAct 1974-1987. 25. Amendment of s. 17. Accounts. Section 17 of the Principal Act is amended by- (a) omitting from subsection ( 2) all words from and including ", and a statement " to and including " Minister annually"; ( b) omitting subsection (3). PART X-AMENDMENT OF PHARMACY ACT 1976-1984 26. Citation . (1) In this Part the Pharmacy Act 1976-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Pharmacy Act 1976-1987. 27. Amendment of s. 17. Accounts . Section 17 of the Principal Act is amended by omitting from subsection (3) all words from and including ", and a statement" to and including "Minister annually". PART XI-AMENDMENT OF PSYCHOLOGISTS ACT 1977-1984 28. Citation . (1) In this Part the Psychologists Act 1977-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Psychologists Act 1977-1987. 29. Amendment of s. 16 . Funds of Board . Section 16 of the Principal Act is amended by omitting subsection (3). PART XII-AMENDMENT OF SPEECH THERAPISTS ACT 1979-1984 30. Citation . In this Part the Speech Therapists Act 1979-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Speech Therapists Act 1979-1987. 31. Amendment of s. 16 . Funds of Board . Section 16 of the Principal Act is amended by omitting from subsection (3) all words from and including "; and a statement" to and including "Minister annually".