Medical Practitioners Registration (Amendment) Act 1981 (ACT)

No. 48 of 1981

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 third day of December 1981.

Z E L M A N C O W E N

Governor-General

By His Excellency's Command,

M I C H A E L M A C K E L L A R

Minister of State for Health

MEDICAL PRACTITIONERS REGISTRATION (AMENDMENT)

ORDINANCE 1981

1. This Ordinance may be cited as the Medical Practitioners Regis­

tration (Amendment) Ordinance 1981.*

2. This Ordinance shall come into operation on such date as is fixed by the Minister of State for the Capital Territory by notice in the Gazette.

and 38, 1979; and N o . 47. 1980.

3. In this Ordinance, " Principal Ordinance " means the Medical

Practitioners Registration Ordinance 1930.f

4. Section 4 of the Principal Ordinance is amended—

(a) by omitting the definitions of " the Election Ordinance " and " the Court of Petty Sessions"; and

(b) by adding at the end thereof the following definition:

" ' the Tribunal ' means the Administrative Appeals

Tribunal established by the Administrative	Appeals
Tribunal Act 1975.".

* Notif ied in the Commonwealth of Australia Gazelle on 9 D e c e m b e r 1981.

* O r d i n a n c e N o . 13. 1930 as a m e n d e d by N o . 7, 1931; N o . 2 3 , 1933; N o . 27, 1937; N o . 2, 1939; N o . 4, 1950;

N o . 9 . 1954; N o . 5, 1956; N o . 13, 1958; N o . 2, 1962; N o . 3, 1963; N o . 1, 1964; N o . 19, 1966; N o s . 14 and 15, 1967;

N o . 21, 1969; N o . 34, 1970; N o . 44 . 1973. N o . 17. 1975; N o . 4 0 , 1976; N o . 65 , 1977; N o s . 4 3 and 46 , 1978; N o s . 26

5. Section 5 of the Principal Ordinance is amended by emitting sub-sections (2) and ( 3 ) .

6.   Section 6 of the Principal Ordinance is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

" (1 ) The Board shall consist of—

(a)	a Chairman, and 3 other members, appointed in
accordance with the Health Professions Boards
(Procedures) Ordinance 1981; and
(b)	3 members elected, as occasion requires, in accord­
ance with the Health Professions Boards (Elections)

Ordinance 1980.";

(b) by omitting sub-section (3) and substituting the following sub-section:

" (3 ) The Chairman shall be the executive officer of the Board."; and

(c) by omitting sub-sections ( 5 ) , ( 6 ) , ( 7 ) , (8 ) and ( 9 ) .

7. Sections, 7, 8, 8A, 9, 10, 11, 12, 13, 14, 15 and 17 of the Principal Ordinance are repealed.

8. Section 23 of the Principal Ordinance is repealed.

9. Section 24 of the Principal Ordinance is amended by omitting

sub-section	( 2 ) .
10. Section 31 of the Principal Ordinance is repealed and the following section substituted:

" 3 1 . (1) The Board shall hold an inquiry before—

(a) removing the name of a person from the Register;
(b) suspending the registration of a person;

(c) reprimanding a person; or

(d) withdrawing an approval of a qualified person for the pur­ poses of section 38A.

" ( 2 ) Pending the holding of an inquiry under sub-section ( 1 ) , the Board may suspend temporarily the registration or approval, as the case may be, of the person to whom the inquiry relates.".

11. Section 31A cf the Principal Ordinance is repealed.

12. Section 31B cf the Principal Ordinance is repealed and the fol­ lowing section substituted:

" 3 1 B . (1) The Chairman may, if he thinks fit, cause a notice of a

decision of the Board or of the Tribunal on application for review of a
decision of the Board—

(a) removing the name of a person from the Register;

(b) reprimanding a person; or

(c) suspending, otherwise than under sub-section 31 (2), the registration of a person,

and the reasons for the decision, including the findings on material
questions of fact, to be published in the Gazette.

" (2) A notice of a decision shall not be published under sub­ section (1) until—

(a)	the period within which an application may be made to the Tribunal for review of the decision has expired; and
(b)	if an application for review of the decision is made, the Tribunal has given its decision on the application.".

:	13 . Section 38A of the Principal Ordinance is amended by omitting
sub-section	( 2 ) .

14.   Section 38B of the Principal Ordinance is amended—

(a) by omitting from sub-section (1) ", subject to the next succeeding sub-section,";

(b) by omitting sub-section ( 2 ) ; and

(c) by omitting from sub-section (3) "of this Ordinance as applied by the last preceding sub-section ".

15 . Section 39B of the Principal Ordinance is amended by omitting

sub-section ( 7 ) .

16. Section 39c of the Principal Ordinance is repealed and the following section substituted:

" 39c. Application may be made to the Tribunal for a review of a decision of the Board—

(a) refusing to register, or to re-register, a person;
(b) removing the name of a person from the Register;

(c) reprimanding a person;

(d) suspending, otherwise than under sub-section 31 (2), the registration of a person;

(e)	refusing to issue, or cancelling, a permit under section 28A; or
(f)	refusing to approve, or withdrawing an approval of, a qualified person for the purposes of section 38A.".

17. Sections 40, 4 1 , 42 and 43 of the Principal Ordinance are

repealed.

18. Section 44 of the Principal Ordinance is amended by omitting

paragraph ( a ) .

19. (1) The person who was, immediately before the commence­ ment of this Ordinance, the Chairman of the Board continues to be the Chairman of the Board as if he had been appointed as the Chairman under the Principal Ordinance as amended by this Ordinance and holds office subject to the Health Professions Boards (Procedures) Ordinance 1981.

(2) The person who was, immediately before the commencement of this. Ordinance, the Deputy Chairman of the Board continues to be the Deputy Chairman of the Board as if he had been elected as the Deputy Chairman under the Health Professions Boards (Procedures) Ordinance 1981 and holds office subject to that Ordinance.

(3) A person who was, immediately before the commencement of this Ordinance, a member of the Board continues to be a member of the Board as if he had been appointed or elected as a member under the Principal Ordinance as amended by this Ordinance and holds office subject to the Health Professions Boards (Procedures) Ordinance 1981.

(4) An expression in this section that is defined in the Principal

Ordinance as amended by this Ordinance has the same meaning for the

amended. purposes of this section as it has in the Principal Ordinance as so