Medical Practice Amendment Act 2008 (NSW)

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An Act to amend the Medical Practice Act 1992 and the Health Care Complaints Act 1993 with respect to the principles of administration of and the exercise of disciplinary powers under those Acts; and for other purposes.

1Name of Act

This Act is the Medical Practice Amendment Act 2008.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Medical Practice Act 1992 No 94

The Medical Practice Act 1992 is amended as set out in Schedule 1.

4Amendment of Health Care Complaints Act 1993 No 105

The Health Care Complaints Act 1993 is amended as set out in Schedule 2.

5Repeal of Act(1)

This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Medical Practice Act 1992

(Section 3)

[1]Section 2A

Omit the section. Insert instead:

2AObject and principle of administration of Act(1)

The object of this Act is to protect the health and safety of the public.

(2)

The object of this Act is achieved by providing mechanisms designed to ensure that:

  • (a)

    medical practitioners are fit to practise medicine, and

  • (b)

    medical students are fit to undertake medical studies and clinical placements.

(3)

In the exercise of functions under this Act the protection of the health and safety of the public is to be the paramount consideration.

[2]Section 36 Meaning of “unsatisfactory professional conduct”

Insert “, whether or not the practitioner has been prosecuted for or convicted of an offence in respect of the contravention” after “regulations” in section 36 (1) (b).

[3]Section 37

Omit the section. Insert instead:

37Meaning of “professional misconduct”

For the purposes of this Act, professional misconduct of a registered medical practitioner means:

  • (a)

    unsatisfactory professional conduct, or

  • (b)

    more than one instance of unsatisfactory professional conduct that, when the instances are considered together, amount to conduct,

of a sufficiently serious nature to justify suspension of the practitioner from practising medicine or the removal of the practitioner’s name from the Register.

[4]Section 47

Insert after section 46:

47Protection of complainants and other persons(1)

If a person makes a complaint, and does so in good faith:

  • (a)

    the making of the complaint does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and

  • (b)

    no liability for defamation is incurred because of the complaint, and

  • (c)

    the making of the complaint does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy.

(2)

The protections given to a complainant by this section extend to:

  • (a)

    any person who, in good faith, provided the complainant with any information on the basis of which the complaint was made, and

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.