Medical Practitioners Registration (Amendment) Act 1979 (ACT)
N o . 38 of 1979
An Ordinance to amend the Medical Practitioners Registration
Ordinance 1930
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.
Dated this fifth day of December 1979.
ZELMAN COWEN
Governor-General
By His Excellency's Command,
RALPH J. H U N T
Minister of State for Health
MEDICAL PRACTITIONERS REGISTRATION
( A M E N D M E N T ) ORDINANCE 1979
1. This Ordinance may be cited as the Medical Practitioners Regis
tration (Amendment) Ordinance 1979.1
2. In this Ordinance, "Principal Ordinance" means the Medical
Practitioners Registration Ordinance 1930.2
3. This Ordinance shall come into operation on such date as is fixed
(a) if he holds the approved qualification, or each of the ap proved qualifications, referred to in an item in Part A or Part B of the Schedule; (b) if he holds qualifications in medicine and surgery that have been declared by the Minister, by notice published in the Gazette, to be acceptable qualifications for the pur
poses of this paragraph; or
| by the Minister of State for the Capital Territory by notice in the | Gazette. |
4. Section 22 of the Principal Ordinance is amended—
(a) by omitting sub-sections (1) and (2) and substituting the fol lowing sub-sections: " ( 1 ) A person is entitled to apply to the Board for regis tration as a medical practitioner—
(c) i f- (i) he holds qualifications in medicine and surgery that have been declared by the Minister, by notice published in the Gazette, to be acceptable qualifications for the purposes of this paragraph;
(ii) he has, for periods amounting in the aggregate to not less than 12 months, undertaken training, or gained experience, in the practice of medicine and surgery in a hospital or hospitals in Australia or any other country;
(hi) he has passed to the satisfaction of the Board written, oral and clinical examinations conducted by or on behalf of the Board in accordance with a determination made, on the recommendation of the Board, by the Minister for the purposes of this sub-paragraph and published by notice in the Gazette; and
(iv) he has, if required by the Board, under such supervision as is required by the Board and to the satisfaction of the Board, undertaken training, or gained experience, in the practice of medicine and surgery in a hospital or hospitals in Australia for a period, determined by the Board, of not more than 12 months.
" ( l A ) The Minister shall not exercise his power to declare qualifications to be acceptable qualifications for the purposes of paragraph ( l ) ( b ) or (c) except in accordance with a rec ommendation of the Board.
" ( I B ) The Board shall not recommend to the Minister that qualifications in medicine and surgery be declared by the Minis ter to be acceptable qualifications for the purposes of paragraph (1) (b) unless the qualifications are substantially equivalent to an approved qualification, or approved qualifications, referred to in an item in Part A or Part B of the Schedule. " (1C) The Board shall not recommend to the Minister that qualifications in medicine and surgery be declared by the Minis ter to be acceptable qualifications for the purposes of paragraph (1) (c) unless the qualifications are the whole of the qualifica tions (excluding training or experience of the kind referred to in sub-paragraph (1) (c) (ii)) that would entitle a person to prac tise as a medical practitioner in the country in which the qualifications were granted or any part of that country.
" ( 2 ) An application under sub-section (1) shall be in writing signed by the applicant and shall—
(a) set out particulars of—
(i) the qualifications of the applicant in medicine and surgery;
(ii) the training undertaken by the applicant in the practice of medicine and surgery;
(iii) the experience of the applicant as a medical prac titioner; and
(iv) the places in which the applicant has practised as a medical practitioner; and
(b)
state whether the applicant's right to practise as a medi cal practitioner in any place has, at any time, been sus pended or cancelled.
" ( 2 A A ) An application under sub-section (1) shall be lodged with the Board, together with—
(a) the prescribed fee; and
(b)
a testimonial, diploma, licence or certificate testifying to each of the qualifications of the applicant.";
| (b) | by omitting paragraph ( 3 ) ( c ) and substituting the following paragraph: |
" ( c ) his knowledge of the English language is adequate for the purpose of practising as a medical practitioner;"; and
(c) by'inserting after sub-section (3) the following sub-section:
"(3A) Paragraph (3) (e) does not apply in relation to a per son in relation to whom paragraph (1) (c) applies.".
5. Section 3 8 A of the Principal Ordinance is amended—
| (a) | by omitting from sub-section (1) "paragraph (e) of sub-section |
(3) of section twenty-two of this Ordinance" and substituting
"sub-paragraph 22 (1) (c) (ii) or (iv) or paragraph 22 (3) (e);
| (b) | by omitting from sub-section (3) " the Canberra Hospital or the Woden Valley Hospi ta l" and substituting " a hospital approved by the Board for the time being for the purposes of this sub section"; and |
| (c) | by omitting sub-section (4) and substituting the following sub-section: |
" ( 4 ) In this section— 'approved ' means approved in writing by the Board; 'qualified person' means a person who is entitled
under sub-section 22 (1) to apply to the Board for registration as a medical practitioner but has not had the training or experience referred to in sub-paragraph 2 2 ( l ) ( c ) ( i i ) or (iv) or para
graph 22 (3) ( e ) . " .
6. The Schedule to the Principal Ordinance is repealed and the fol
lowing Schedule substituted:
SCHEDULE Section 22
A P P R O V E D Q U A L I F I C A T I O N S
Part A—Qualifications granted in Australia and New Zealand
| Item | Qualifications |
| 1 | Bachelor of Medicine and Bachelor of Surgery, University of N e w South Wales |
| 2 | Bachelor of Medicine, University o f Sydney |
| 3 | Bachelor of Medicine and Chirurgiae Magister, University o f Sydney |
| 4 | Bachelor of Medicine and Bachelor of Surgery, University o f Sydney |
| 5 | Bachelor of Medicine and Bachelor of Surgery, University o f Queensland |
| 6 | Bachelor of Medicine and Bachelor of Surgery, University o f Adelaide |
| 7 | Bachelor of Medicine and Bachelor of Surgery, University of Melbourne |
| 8 | Bachelor of Medicine and Bachelor of Surgery, Monash University |
| 9 | Bachelor of Medicine and Bachelor of Surgery, University o f Western Australia |
| 10 | Bachelor of Medicine and Bachelor of Surgery, University o f Tasmania |
| 11 | Bachelor of Medicine and Bachelor of Surgery, University o f Otago |
| 12 | Bachelor of Medicine and Bachelor of Surgery. University of N e w Zealand |
Part B—Qualifications granted in the United Kingdom and Ireland
| Item | Qualifications | |
| 1 | Bachelor of Medicine and Bachelor of Surgery, University o f Birmingham | |
| 2 | Bachelor of Medicine and Bachelor of Surgery, University o f Bristol | |
| 3 | Bachelor of Medicine and Bachelor of Surgery, University of Cambridge | |
| 4 | Bachelor of Medicine and Bachelor of Surgery, University o f Durham | |
| 5 | Bachelor of Medicine and Bachelor of Surgery, University o f Leeds | |
| 6 | Bachelor of Medicine and Bachelor of Surgery. University o f Liverpool | |
| 7 | Bachelor of Medicine and Bachelor of Surgery, University of London | |
| 8 | Bachelor of Medicine and Bachelor of Surgery, University o f Manchester | |
| 9 |
| |
| 10 | Bachelor of Medicine and Bachelor of Surgery, University of Nott ingham | |
| 1 1 | Bachelor of Medicine and Bachelor of Surgery, University of Oxford | |
| 12 | Bache lorof Medicine and Bachelor of Surgery, University of Sheffield | |
| 13 | Bache lorof Medicine, University o f Southampton | |
| 14 | Bachelor in Medicine and Bachelor in Surgery, University o f Wales | |
| 15 | Bachelorof Medicine and Bachelorof Surgery, University o f Aberdeen | |
| 16 | Bache lorof Medicine and Bachelor of Surgery, University o f Dundee | |
| 17 | Bachelor of Medicine and Bachelor of Surgery, University of Edinburgh | |
| 18 | Bachelorof Medicine and Bachelor of Surgery, University of Glasgow | |
| 19 | Bachelor of Medicine and Bachelorof Surgery, University of St Andrews | |
| 20 | Bache lorof Medicine and Bachelorof Surgery, Queen's University of Belfast | |
| 2 I | Bachelor in Medicine and Bachelor in Surgery, University of Dublin | |
| 22 | Licentiate in Medicine and Licentiate in Surgery, University of Dublin | |
| 23 | Bachelorof Medicine and Bachelorof Surgery, National University of Ireland | |
| 24 | Licentiate, Royal College of Physicians of London: and Member, Royal College of Surgeons of England | |
| 25 | Licentiate in Medicine and Surgery, Society of Apothecaries of London | |
| 26 | Licentiate, Society of Apothecaries o f London |
SCHEDULE-continued
| Item | Qualifications |
| 27 | Licentiate, Royal College o f Surgeons of Edinburgh; and |
| Licentiate, Royal College of Physicians o f Edinburgh; o f Physicians and Surgeons of Glasgow | |
| 28 | Licentiate and Licentiate in Midwifery, Royal College of Physicians of Ireland; and Licentiate and Licentiate in Midwifery, Royal College of Surgeons in Ireland |
| 29 | Licentiate, Apothecaries ' Hall of Dublin |
7. Notwithstanding the amendments of the Principal Ordinance
made by this Ordinance—
(a ) any registration that was in force under section 22 of the Princi pal Ordinance immediately before the commencement of this Ordinance continues in force, and the Principal Ordinance as amended by this Ordinance has effect in relation to that regis tration, as if— (i) this Ordinance had been in operation when that regis tration was granted; and
(ii) that registration had been granted under the Principal Ordinance as amended by this Ordinance;
(b) where before the commencement of this Ordinance a person had applied for registration and the Board had neither refused the application nor granted registration to the person, the Princi pal Ordinance as in force immediately before the commence ment of this Ordinance continues to apply in relation to that ap plication and— (i) the Board may cause the person to be registered or may refuse to register the person; and
(ii) an appeal under section 39c may be heard and determined,
as if this Ordinance had not been made; and (c)
where the Board causes a person to be registered in pursuance of paragraph (b) , this Ordinance has effect in relation to that regis tration as if that registration had been granted under the Princi pal Ordinance as amended by this Ordinance.
NOTES
| 1. | Notified in the Commonwealth | of Australia | Gazetteon | 12 December 1979. |
2. Ordinance No. 13, 1930 as amended by No. 7, 1931; No. 23, 1933; No. 27, 1937; No. 2, 1939; No. 4, 1950; No. 9, 1954; No. 5, 1956; No. 13, 1958; No. 2, 1962; No. 3, 1963; No. 1, 1964; No. 19, 1966; Nos. 14 and 15, 1967; No. 21, 1969; No. 34, 1970; No. 44, 1973; No. 17, 1975; No. 40, 1976; No. 65, 1977; and Nos. 43 and 46, 1978.
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