Medical Practitioners Regulations 1999 (SA)

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South Australia

Medical Practitioners Regulations 1999

under the Medical Practitioners Act 1983

Part 1—Preliminary

1—Short title

These regulations may be cited as the Medical Practitioners Regulations 1999.

4—Interpretation

In these regulations—

Act means the Medical Practitioners Act 1983;

company practitioner means a company that is registered as a medical practitioner;

practitioner means a medical practitioner and includes a company practitioner.

5—Forms

The forms set out in Schedule 1 must—

  1. (a)

    be used for the purposes specified in that Schedule; and

  2. (b)

    contain the information required by, and be completed in accordance with, the instructions contained in the forms.

Part 2—Registration

Division 1—Registration of a natural person

6—Application for registration or reinstatement of registration by natural person1

  1. (1)

    An application by a natural person for registration on the general or specialist register must be lodged with the Board in the form set out in Form 1 of Schedule 1 and be accompanied by—

    1. (a)

      the supporting evidence and documents referred to in the form; and

    2. (b)

      the appropriate fee for registration set out in Schedule 5; and

    3. (c)

      the appropriate annual practice fee set out in Schedule 5.

  2. (2)

    An application by a natural person for reinstatement of registration on the general or specialist register must be lodged with the Board in the form set out in Form 2 of Schedule 1 and be accompanied by—

    1. (a)

      the supporting evidence and documents referred to in the form; and

    2. (b)

      the appropriate fee for reinstatement of registration set out in Schedule 5; and

    3. (c)

      the appropriate annual practice fee set out in Schedule 5.

Note—

1The Board may, under section 16 of the Act, summons a person to appear before the Board on an application for registration or reinstatement of registration.

7—Qualifications for general registration

A natural person, to be registered on the general register, must—

  1. (a)

    have—

    1. (i)

      one or more of the qualifications set out in Schedule 2; or

    2. (ii)

      a certificate issued by the Australian Medical Council or the Australian Medical Examining Council certifying that the person has satisfactorily completed the examination conducted by that body; and

  2. (b)

    produce evidence that he or she has satisfactorily completed a period of internship training in an institution recognised by the Board for the purpose; and

  3. (c)

    be at least 21 years of age.

8—Qualifications for specialist registration

  1. (1)

    The branches of medicine in relation to which a practitioner may be registered as a specialist are set out in Schedule 3.

  2. (2)

    A practitioner, to be registered on the specialist register for a particular speciality, must—

    1. (a)

      have the qualifications set out in Schedule 4 for registration for that speciality; or

    2. (b)

      hold a certificate or other document issued by the Australian Medical Council stating that the person has attained a satisfactory standard for recognition as a specialist in that speciality.

Division 2—Registration of a company practitioner

9—Application for registration by a company

An application by a company for registration on the general register must be lodged with the Board in the form set out in Form 3 of Schedule 1 and be accompanied by—

  1. (a)

    the constitution of the company; and

  2. (b)

    the appropriate registration fee set out in Schedule 5; and

  3. (c)

    the appropriate annual practice fee set out in Schedule 5.

10—Requirements relating to name of company practitioner

The following requirements must be observed by a company practitioner with regard to its name:

  1. (a)

    the name must be appropriate for the company practitioner; and

  2. (b)

    the name must not be such as to cause the company practitioner to infringe any ethical standards of the medical profession.

11—Form of notice of change of directors or members of company practitioner

A notice required under section 38(1)(a) of the Act must be in the form set out in Form 4 of Schedule 1.

12—Form of annual return of company practitioner

An annual return required under section 38(1)(b) of the Act must be in the form set out in Form 5 of Schedule 1.

13—Notice relating to employees of company practitioner

  1. (1)

    A company practitioner must, within 28 days after a practitioner (not being a director of the company) begins or ceases employment with the company practitioner, notify the Board of that fact and of—

    1. (a)

      the full name and residential address of that practitioner; and

    2. (b)

      the date on which that practitioner began or ceased employment (as the case may be).

  2. (2)

    A company that fails to comply with this regulation is guilty of an offence.

Maximum penalty: $1 000.

Part 3—Information relating to practice

14—Prescribed information relating to employment

For the purposes of section 49 of the Act, the following information is prescribed in relation to a practitioner's employment and practice:

  1. (a)

    the address of the practitioner's usual place of work;

  2. (b)

    the practitioner's residential address and any other residential address of the practitioner during the preceding 12 month period;

  3. (c)

    the full name and business address of the practitioner's employer;

  4. (d)

    the practitioner's business telephone and facsimile numbers;

  5. (e)

    the practitioner's electronic mail address (if any);

  6. (f)

    details regarding the practitioner's employment including—

    1. (i)

      whether the employment is full-time or part-time and the number of hours worked per week; and

    2. (ii)

      whether the practitioner was retired or unemployed for any period during the preceding 12 months; and

    3. (iii)

      the nature of the practitioner's practice, or the practice (or practices) in which the practitioner is employed;

  7. (g)

    details of professional indemnity insurance covering the practitioner and of any medical defence association of which the practitioner is a member;

  8. (h)

    the name of any other registering authority with which professional registration is held by the practitioner;

  9. (i)

    details of any disciplinary action taken against the practitioner;

  10. (j)

    details of any proposals that will have the effect of changing any information supplied to the Board in accordance with section 49 of the Act.

15—Prescribed information relating to unfitness

For the purposes of section 52 of the Act, the following information is prescribed in relation to a practitioner who is a patient of another practitioner:

  1. (a)

    the likely duration and prognosis of the patient's condition;

  2. (b)

    any finding which suggests that the patient ought not to practise in a particular branch of medicine;

  3. (c)

    if the patient has received or is receiving treatment for a psychiatric condition—whether the patient has at any time been voluntarily admitted to, or otherwise detained in, an approved treatment centre (within the meaning of the Mental Health Act 1993).

16—Prescribed information relating to interests in hospitals

For the purposes of section 71 of the Act, the following information is prescribed in relation to a practitioner or a prescribed relative of a practitioner who has an interest in a hospital:

  1. (a)

    if the person is—

    1. (i)

      a practitioner—the full name of the practitioner; or

    2. (ii)

      a prescribed relative of a practitioner—

      1. (A)

        the full name of the prescribed relative; and

      2. (B)

        the full name of the related practitioner; and

      3. (C)

        a statement of the nature of the person's relationship to the practitioner;

  2. (b)

    the person's residential address;

  3. (c)

    the name and address of the hospital in which the interest is held;

  4. (d)

    the type of interest held in the hospital;

  5. (e)

    if the interest consists of the holding of shares in the hospital, the following particulars of all shares beneficially owned:

    1. (i)

      a description of the shares (including the number, nominal value and class); and

    2. (ii)

      particulars of any voting rights exercisable at a meeting of the members of shareholders;

  6. (f)

    the type of benefit derived from the interest.

17—Prescribed information relating to claims against practitioners

For the purposes of section 72 of the Act, the following information is prescribed in relation to a practitioner against whom a claim for damages or other compensation for alleged negligence committed in the course of medical practice has been made:

  1. (a)

    full details of the alleged negligence;

  2. (b)

    the nature of the treatment or procedure alleged to have been carried out negligently;

  3. (c)

    the address of the premises at which the alleged negligence took place;

  4. (d)

    the time and date of the alleged negligence;

  5. (e)

    details of any judgement or settlement in respect of the claim, including the amount of damages or compensation either awarded by a court or agreed to in settlement of the claim;

  6. (f)

    details of the injury incurred by the claimant as a result of the alleged negligence, including whether death, permanent incapacity or impairment occurred as a result.

Part 4—Miscellaneous

18—Prescribed circumstances

For the purposes of section 31(2)(b) of the Act, medical treatment provided through the instrumentality of a qualified person working for or on behalf of the Royal Flying Doctor Service of Australia (Central Section) Incorporated constitutes medical treatment provided in prescribed circumstances.

19—Fees

  1. (1)

    The fees set out in Schedule 5 are payable as specified in that Schedule.

  2. (2)

    Pursuant to section 45(4) of the Act, a practitioner is exempt from paying a registration fee and an annual practice fee if—

    1. (a)

      the practitioner is registered as a practitioner in another State or Territory of the Commonwealth and a registration fee has been paid in respect of that registration; and

    2. (b)

      the practitioner—

      1. (i)

        is employed as a full-time medical officer of the Commonwealth Government; or

      2. (ii)

        is a full-time employee of the Flying Doctor Service of Australia (S.A. Branch); or

      3. (iii)

        satisfies the Board that registration is for a specific purpose and the practitioner's name will be removed from the general register within one month after entry on the register.

Schedule 1—Forms

Schedule 2—Qualifications for general practitioners

 

Australia

Institution

Name of Qualification

The University of Adelaide

Bachelor of Medicine and Surgery

The Flinders University of South Australia

Bachelor of Medicine and Surgery

The University of Melbourne

Bachelor of Medicine and Surgery

Monash University

Bachelor of Medicine and Surgery

Royal Australian College of General Practitioners

Fellowship Royal Australian College of General Practitioners

University of Newcastle

Bachelor of Medicine

University of New South Wales

Bachelor of Medicine and Surgery

University of Queensland

Bachelor of Medicine and Surgery

University of Sydney

Bachelor of Medicine and Surgery

University of Tasmania

Bachelor of Medicine and Surgery

University of Western Australia

Bachelor of Medicine and Surgery

 

New Zealand

Institution

Name of Qualification

University of New Zealand

Bachelor of Medicine and Surgery

University of Otago

Bachelor of Medicine and Surgery

University of Auckland

Bachelor of Medicine and Surgery

Schedule 3—Specialities

Anaesthetics

Anatomical Pathology

Cardio-Thoracic Surgery

Cardiology

Clinical Chemistry

Clinical Genetics

Clinical Haematology

Clinical Immunology (including Allergy)

Clinical Pharmacology

Cytopathology

Dermatology

Diagnostic Radiology

Diagnostic Ultrasound

Emergency Medicine

Endocrinology

Forensic Pathology

Gastroenterology

General Medicine

General Pathology

General Surgery

Geriatrics

Gynaecological Oncology

Haematology

Immunology

Infectious Diseases

Intensive Care

Medical Administration

Medical Oncology

Microbiology

Neurology

Neurosurgery

Nuclear Medicine

Obstetrics and Gynaecology

Obstetrical and Gynaecological Ultrasound

Occupational Medicine

Ophthalmology

Orthopaedic Surgery

Otorhinolaryngology

Paediatric Medicine

Paediatric Surgery

Plastic and Reconstructive Surgery

Psychiatry

Public Health Medicine

Radiation Oncology

Rehabilitation Medicine

Renal Medicine

Reproductive Endocrinology & Infertility

Rheumatology

Thoracic Medicine

Ultrasound

Urogynaecology

Urology

Vascular Surgery

Schedule 4—Qualifications for specialists

 

Principal Specialty

Sectional Specialty

Qualifications

ANAESTHETICS

Intensive Care

Faculty of Anaesthetists of the Royal Australasian College of Surgeons—Fellowship

or

Australian and New Zealand College of Anaesthetists—Fellowship

or

Faculty of Intensive Care, Australian and New Zealand College of Anaesthetists—Fellowship

DERMATOLOGY

Australasian College of Dermatologists—Fellowship

DIAGNOSTIC RADIOLOGY

Nuclear Medicine

Royal Australasian College of Radiologists—Fellowship

Diagnostic Ultrasound

Royal Australasian College of Radiologists—Fellowship

and

Australian Society for Ultrasound in Medicine—Diploma

EMERGENCY MEDICINE

Australasian College for Emergency Medicine—Fellowship

INTERNAL MEDICINE

General Medicine

Royal Australasian College of Physicians—Fellowship or Membership

Cardiology

Clinical Genetics

Clinical Haematology

Clinical Immunology (including Allergy)

Clinical Pharmacology

Diagnostic Ultrasound

Royal Australasian College of Physicians—Fellowship or Membership

and

Australian Society for Ultrasound in Medicine—Diploma

Endocrinology

Royal Australasian College of Physicians—Fellowship or Membership

Gastroenterology

Geriatrics

Infectious Diseases

Intensive Care

Medical Oncology

Neurology

Nuclear Medicine

Paediatric Medicine

Public Health Medicine

Australian Faculty of Public Health Medicine of the Royal Australasian College of Physicians—Fellowship

Renal Medicine

Royal Australasian College of Physicians—Fellowship or Membership

Rheumatology

Thoracic Medicine

MEDICAL ADMINISTRATION

Royal Australian College of Medical Administrators—Fellowship

OBSTETRICS & GYNAECOLOGY

Royal Australian College of Obstetricians and Gynaecologists—Fellowship

Diagnostic Ultrasound

Royal Australian College of Obstetricians and Gynaecologists—Fellowship

and

Australian Society for Ultrasound in Medicine—Diploma in Diagnostic Ultrasound

Gynaecological Oncology

Royal Australian College of Obstetricians and Gynaecologists—Fellowship and Certificate in Gynaecological Oncology

Obstetrical and Gynaecological Ultrasound

Royal Australian College of Obstetricians and Gynaecologists—Fellowship and Certificate in Gynaecological Ultrasound

Urogynaecology

Royal Australian College of Obstetricians and Gynaecologists—Fellowship and Certificate in Urogynaecology

Reproductive Endocrinology and Infertility

Royal Australian College of Obstetricians and Gynaecologists—Fellowship and Certificate in Reproductive Endocrinology and Infertility

OCCUPATIONAL MEDICINE

Australasian College of Occupational Medicine—Fellowship

or

Faculty of Occupational Medicine, Royal Australasian College of Physicians—Fellowship

OPHTHALMOLOGY

Royal Australasian College of Surgeons—Fellowship

or

Royal Australian College of Ophthalmologists—Fellowship

OTORHINOLARYNGOLOGY

Royal Australasian College of Surgeons—Fellowship

PATHOLOGY

General Pathology

Royal College of Pathologists of Australasia—Fellowship

Anatomical Pathology

Clinical Chemistry

Cytopathology

Forensic Pathology

Haematology

Immunology

Microbiology

PSYCHIATRY

Royal Australian and New Zealand College of Psychiatrists—Fellowship

RADIATION ONCOLOGY

Royal Australasian College of Radiologists—Fellowship or Diploma

REHABILITATION MEDICINE

Australasian College of Rehabilitation Medicine—Fellowship

SURGERY

General Surgery

Royal Australasian College of Surgeons—Fellowship

Cardiothoracic Surgery

Diagnostic Ultrasound

Royal Australasian College of Surgeons—Fellowship

and

Australian Society for Ultrasound in Medicine—Diploma in Ultrasound

Neurosurgery

Royal Australasian College of Surgeons—Fellowship

Orthopaedic Surgery

Paediatric Surgery

Plastic & Reconstructive Surgery

Urology

Vascular Surgery

Schedule 5—Fees

 

Registration fee for registration of practitioner (other than intern) on general register

1

Registration fee for registration of practitioner on general register (full registration or limited registration for purposes other than internship training)

$350

Registration fee for registration of intern on general register

2

Registration fee for limited registration on general register for the purposes of internship training

$100

Registration fee for registration of practitioner on specialist register

3

Registration fee for registration of practitioner on specialist register (full or limited registration)

$150

Reinstatement fee

4

Reinstatement fee for reinstatement on general register—

  1. (a)

    where the practitioner's name was removed for failure to pay the prescribed annual practice fee by 30 September—

  1. (i)

    if the prescribed annual practice fee is paid before 1 January of the following year

$50

  1. (ii)

    if the prescribed annual practice fee is paid on or after 1 January of the following year

$300

  1. (b)

    where the practitioner's name was removed for any other reason

$200

If the practitioner is to be reinstated on the specialist register as well as the general register, no further fee is payable for reinstatement on the specialist register.

5

Reinstatement fee for reinstatement on specialist register, where practitioner has remained registered on the general register

$100

Additional register entries

6

For each additional qualification entered on register

$20

Inspection of register

7

For inspection of register

$10

Annual practice fee for practitioner (other than intern or practitioner over age of 70 years)

8

Annual practice fee for practitioner (other than intern or natural person practitioner over age of 70 years) for period—

  1. (a)

    commencing at any time from 1 October to 31 December (inclusive) in a year and ending the following 30 September

$350

  1. (b)

    commencing at any time from 1 January to 31 March (inclusive) in a year and ending the following 30 September

$300

  1. (c)

    commencing at any time from 1 April to 30 June (inclusive) in a year and ending the following 30 September

$250

  1. (d)

    commencing at any time on or after 1 July in a year and ending the following 30 September

$200

Annual practice fee for natural person practitioner over age of 70 years

9

Annual practice fee for natural person practitioner over the age of 70 years

$50

Annual practice fee for intern

10

Annual practice fee for practitioner undertaking internship training—

  1. (a)

    for initial period ending on 31 December

Nil

  1. (b)

    for each subsequent calendar year (or part of a calendar year)

$10

Legislative history

Notes

  • •

    For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.

Revocation of regulations

These regulations became obsolete on the repeal of the Medical Practitioners Act 1983 on 26.8.2005

Legislation revoked by principal regulations

The Medical Practitioners Regulations 1999 revoked the following:

Medical Practitioners Regulations 1983

Principal regulations and variations

Year

No

Reference

Commencement

1999

174

Gazette 26.8.1999 p986

1.9.1999: r 2

1999

184

Gazette 16.9.1999 p1167

16.9.1999: r 2

2001

148

Gazette 28.6.2001 p2478

1.10.2001: r 2

2002

131

Gazette 27.6.2002 p2734

1.10.2002: r 2

2003

151

Gazette 19.6.2003 p2616

1.10.2003: r 2

2005

164

Gazette 14.7.2005 p2378

14.7.2005: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision

How varied

Commencement

rr 2 and 3

omitted under the Legislation Revision and Publication Regulations 2002

14.7.2005

Sch 5 before substitution by 164/2005

cl 1

varied by 131/2002 r 3(a)

1.10.2002

cl 8

substituted by 184/1999 r 3(a)

16.9.1999

substituted by 148/2001 r 3(a)

1.10.2001

substituted by 131/2002 r 3(b)

1.10.2002

varied by 151/2003 r 4

1.10.2003

cl 9

varied by 148/2001 r 3(b)

1.10.2001

cl 11

deleted by 184/1999 r 3(b)

16.9.1999

Sch 5

substituted by 164/2005 r 4

14.7.2005

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