Untitled document

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	1

PART 2—MEDICAL PRACTICE ACT 1994 3

3.	Definitions	3
4.	Information with applications	3
5.	Professional indemnity insurance	4
6.	Specific registration	6
7.	New section 9A inserted	8

9A. Student registration 8

8.	Renewal of registration	9
9.	Consequential amendment	10
10.	The register	10
11.	Amended certificates	10
12.	New section 21A inserted	10

21A. Provision of information 10

13.	New heading inserted	11
"PART 3—INVESTIGATIONS".	11
14.	Complaints	12
15.	Suspension of registration	12
16.	Heading amended	12
17.	Investigation of students	12
18.	Consequential amendments	13
19.	Outcomes of preliminary investigation into student	14
20.	Up dated reference	15
21.	Determinations at hearings	15
22.	Constitution of panels	16
23.	Conduct of a formal hearing	17
24.	New section 51A inserted	17

51A.	Investigation may continue even if person no longer
registered 17

25. Notifications 18

i

Section Page

26.      Offence to publish information identifying practitioner or student 19

27.

Miscellaneous amendments 19

28.

Advertising 20

29.

New sections 64A to 64D inserted 20

64A.	Medical students	20
64B.	Advertising guidelines	20
64C.	Power of the courts to require corrective advertising	21
64D.	Exemptions	22

30.

Functions of Board 23

31.

New sections 75A and 75B inserted 24

75A.	Resolutions without meetings	24
75B.	Approved methods of communication for Board	25

32.

Abolition of Intern Training Accreditation Committee 25

33.

Funding of programs 26

34.

New section 93 substituted and sections 93A to 93D inserted 26

93.	Identification	26
93A.	Powers of entry with warrant	26
93B.	Announcement before entry	28
93C.	Copy of warrant to be given to occupier	28
93D.	Copies or receipts to be given	29

35.

Powers of the Board with respect to intern training 29

PART 3—DENTAL PRACTICE ACT 1999 31

36.	Professional indemnity insurance	31
37.	Provision of information to the Board	34
38.	Formal hearings	35
39.	Suppression of practitioner's name	35
40.	Statute law revision	36

═══════════════

NOTES 37

ii

Victoria

No. 27 of 2000

Health Practitioner Acts (Amendment)

Act 2000†

[Assented to 30 May 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to make miscellaneous amendments to the Dental Practice Act 1999 and the Medical Practice Act 1994.

2.  Commencement

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000

(1) Section 1 and this section come into operation on

the day after the day on which this Act receives

the Royal Assent.

(2) Part 3 comes into operation on 1 July 2000.

(3) Subject to sub-section (4), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does not come into operation before 27 June 2001, it comes into operation on that day.

_______________
Health Practitioner Acts (Amendment) Act 2000

s. 3 Act No. 27/2000

PART 2—MEDICAL PRACTICE ACT 1994

3. Definitions

No. 23/1994.

Reprinted to	In section 3(1) of the Medical Practice Act
17 September	1994—
1998. Further
amended by	(a) in the definition of "registered medical
No. 62/1998.	practitioner", after "provisional" insert "but does not include a registered medical student";

(b) insert the following definitions—
' "professional indemnity insurance"

includes insurance against civil liability
in connection with the practice of
medicine and an agreement or
arrangement for discretionary
indemnity in respect of that liability;

"registered medical student" means a

medical student registered under
section 9A;';

(c) in the definition of "unprofessional conduct", after paragraph (h) insert—

"; or

(i) comply with a condition, limitation or
restriction on the registration of the

the contravention of, or failure to under this Act.".

4. Information with applications

(1) For section 5(2) of the Medical Practice Act

1994 substitute—

"(2) An application must be—

(a) in writing in the prescribed form; and

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 5

(b)	accompanied by the fee fixed by the Board; and
(c)	accompanied by the information referred to in section 21A; and
(d)	accompanied by evidence of the qualifications which the applicant claims entitle her or him to the type of registration applied for.".

(2) In section 5(3) of the Medical Practice Act 1994, after paragraph (c) insert—

"; and

(d)	may require the applicant to provide evidence that the applicant will, at the time of commencing to practise medicine, be covered by professional indemnity insurance that meets the minimum terms and conditions set out in the guidelines of the Board; and
(e)	may require the applicant to provide a postal address that may be published in the register where the applicant can be contacted by

mail.".

5. Professional indemnity insurance

(1) In section 7(2) of the Medical Practice Act 1994,

after paragraph (h) insert—
"(i) that, in the opinion of the Board, the medical

practitioner does not have adequate
arrangements for professional indemnity
insurance that meet the minimum terms and
conditions set out in the guidelines of the
Board.".

Health Practitioner Acts (Amendment) Act 2000

s. 5 Act No. 27/2000

(2) After section 7(3) of the Medical Practice Act 1994 insert—

"(3A) Without limiting the Board's powers under sub-section (3) it may impose a condition—

(a) that—

(i)  the medical practitioner must hold professional indemnity insurance; or

(ii) medical practitioner must be

the medical care provided by the insurance; or

(iii) specified or referred to in
professional indemnity insurance,
whether by name or otherwise, as
a person to whom the professional
indemnity insurance extends even
though the medical practitioner is

the medical practitioner must be indemnity insurance; and

(b)

that the professional indemnity terms and conditions set out in the guidelines of the Board.

(3B) If the applicant's arrangements satisfy the

minimum terms and conditions set out in the
guidelines of the Board, the Board must
not—

(a) refuse to grant registration on the basis that the practitioner's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 6

(b) of a medical practitioner to require that
the practitioner's arrangements for

impose a condition on the registration be in the form of insurance or a discretionary indemnity.".

(3) In section 7(4) of the Medical Practice Act 1994, after "(3)" insert "or (3A)".

6. Specific registration

(1) In section 8(1) of the Medical Practice Act 1994,

for paragraph (c) substitute—
"(c) to enable an applicant to practise within a

medical speciality if the applicant holds—

(i) qualifications in medicine obtained
outside Australia which do not qualify
the applicant for general registration;
and

(ii)  specialist qualifications in a field of medicine that are recognised by the relevant specialist college within

Australia; or".

(2) After section 8(2) of the Medical Practice Act 1994 insert—

"(2A) Without limiting the Board's powers under sub-section (2) it may impose a condition—

(a) that—

(i)  the medical practitioner must hold professional indemnity insurance; or

(ii) medical practitioner must be

the medical care provided by the insurance; or

Health Practitioner Acts (Amendment) Act 2000

s. 6	Act No. 27/2000
(iii) specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the medical practitioner is

the medical practitioner must be indemnity insurance; and

(b)

that the professional indemnity terms and conditions set out in the guidelines of the Board.

(2B) If the applicant's arrangements satisfy the

minimum terms and conditions set out in the
guidelines of the Board, the Board must
not—

(a)	refuse to grant registration on the basis that the practitioner's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or
(b)	impose a condition on the registration of a medical practitioner to require the practitioner's arrangements for
professional indemnity insurance to be in the form of insurance or a discretionary indemnity.".

(3) In section 8(3) of the Medical Practice Act 1994, after "(2)" insert "or (2A)".

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 7

7. New section 9A inserted

After section 9 of the Medical Practice Act 1994
insert—

"9A. Student registration

(1) The Board may grant or renew registration

as a student to a person to enable that person to undertake or complete a course of study or supervised training—

(a) at a medical school accredited by the Australian Medical Council required for registration as a medical practitioner

under this Act; or

(b) for an Australian Medical Council examination.

(2) A person may apply in writing in the

prescribed form to the Board for registration
or renewal of registration as a medical
student.

(3) The Board may require an applicant for

registration or renewal of registration under
this section to provide information or
material in respect of the application.

(4) The registration of a person as a medical student under this section—

(a)	continues in force for the period specified by the Board not exceeding 12 months; and
(b)	is subject to any conditions, limitations and restrictions imposed by the Board; and
(c)	may be renewed by the Board for a period specified by the Board not exceeding 12 months.

Health Practitioner Acts (Amendment) Act 2000

s. 8 Act No. 27/2000

(5) The Board must not impose a condition on

the registration of a person as a student
relating to professional indemnity insurance.

(6) The Board may, upon application by the

registered medical student, amend, vary or
revoke any condition, limitation or
restriction on the registration of that medical
student.

(7) No fee is payable for registration or renewal

of registration as a medical student under
this Division.".

8. Renewal of registration

For section 13(1) of the Medical Practice Act
1994 substitute—

"(1) An application for renewal of registration as

a medical practitioner must be—

(a)	made to the Board before the existing registration expires; and
(b)	accompanied by the information referred to in section 21A; and
(c)	accompanied by the fee (if any) determined by the Board.

(1A) The Board may require an applicant to

provide evidence that the applicant will be
covered by professional indemnity insurance
that meets the minimum terms and
conditions set out in guidelines of the Board.

(1B) A person, other than a person who has

specific registration under section 8(1)(c) to practise within a medical speciality, may not apply for renewal of specific or provisional
registration.".

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 9

9. Consequential amendment

For the heading to Division 2 of Part 2 of the

Medical Practice Act 1994 substitute—

"Division 2—Other requirements".

10. The register

In section 17(6) of the Medical Practice Act

1994, after "unless" insert—

"—

(a) the private address is also the postal address nominated by the practitioner; or

(b) ".

11. Amended certificates

After section 18(3) of the Medical Practice Act
1994 insert—

"(4) If the Board notifies a medical practitioner of

any condition, limitation or restriction it has
imposed on the medical practitioner's
registration, the medical practitioner must
return the current certificate of registration to
the Board for notation of that condition,

limitation or restriction on the certificate.

Penalty: 20 penalty units.".

12. New section 21A inserted

After section 21 of the Medical Practice Act

1994 insert—

"21A. Provision of information

(1) If a person has claimed damages or other compensation from a registered medical practitioner for alleged negligence in the course of providing medical care, the

Health Practitioner Acts (Amendment) Act 2000

s. 13 Act No. 27/2000

medical practitioner must provide the Board
with information about the amount of
damages or other compensation the medical
practitioner is ordered by a court to pay

within 30 days after the order is made.

(2) Sub-section (1) does not apply if—

(a)	the amount is less than the amount fixed by the Board for the purposes of this section; or
(b)	the court orders that the terms of the order should not be disclosed.

(3) If a registered medical practitioner has in

respect of an indictable offence—
(a) been committed for trial; or

(b) been convicted or found guilty of the offence—

the medical practitioner must notify the trial, conviction or finding of guilt.

(4) An applicant for registration or renewal of registration as a medical practitioner must ensure that details of any of the matters

required to be notified by sub-section (1) or

(3) are set out in the application.

(5) The Board, by notice published in the

Government Gazette, may fix an amount of damages or compensation referred to in this section.".

13. New heading inserted

For the heading to Part 3 of the Medical Practice

Act 1994 substitute—

"PART 3—INVESTIGATIONS".

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 14

14. Complaints

At the end of section 22 of the Medical Practice
Act 1994 insert—
"(2) A person may make a complaint to the Board

about a person who was a registered medical practitioner but has ceased to be a registered medical practitioner if the complaint relates to conduct of the other person at a time when

that other person was a registered medical

practitioner.".

15. Suspension of registration

In section 27(1) of the Medical Practice Act

1994, for "upon" substitute "after".

16. Heading amended

In the heading to Division 2 of Part 3 of the insert "and medical students".

17. Investigation of students

After section 28 of the Medical Practice Act
1994 insert—

"(2) If the Board believes the ability of a

registered medical student to have direct
patient contact as part of her or his course of

study may be affected because—

(a) of the physical or mental health of the student; or

(b) the student has an incapacity; or

(c) the student is an alcoholic or drug- dependent person—

Health Practitioner Acts (Amendment) Act 2000

s. 18 Act No. 27/2000

the Board may appoint one of its members to
conduct a preliminary investigation into the

matter.".

18. Consequential amendments

In the Medical Practice Act 1994—

(a)	in sections 29(1), 34(1), 35, 36, 55 and 56 after "medical practitioner" (wherever occurring) insert "or medical student";
(b)	in sections 29(2), 30, 31, 32, 34, 35, 36, 46, 48 and 49 after "the practitioner" (wherever occurring) insert "or student";
(c)	in sections 30(1) and 31(4) for "another" substitute "a";
(d)	in section 31(4) after "that practitioner" insert "or that student";

(e) in section 34(1)—

(i)  after "practise medicine" insert "or have direct patient contact";

(ii)  after "Board" insert "to suspend the practitioner's or student's registration or";

(iii) for "practice" substitute "registration".

(f) in section 35—

(i)  after "practitioner's" insert "or medical student's";

(ii)  after "practise medicine" insert "or have direct patient contact".

(g) in section 36—

(i)  after "practise medicine" insert "or have direct patient contact";

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 19

(ii)  after "practise" insert "or have direct patient contact";

(h) in section 51(1) after "registered medical practitioner" insert "or the ability of a registered medical student to have direct patient contact";

(i)  in section 60(1)(c) for "person" (where twice occurring) substitute "practitioner";

(j) in section 60(1) after paragraph (c) insert— "(ca) a decision of the Board to suspend the

registration of a medical student, if the
Board has not instigated an
investigation into the ability of the
medical student to have direct patient
contact within a reasonable time after

having suspended that registration; or".

19. Outcomes of preliminary investigation into student

(1) In section 32(1) of the Medical Practice Act

1994—

(a)	in paragraph (a) before "alter" insert "in the case of a practitioner,";
(b)	after paragraph (a) insert— "(ab) in the case of a student, alter the way

she or he has direct patient contact; or".

(2) At the end of section 33 of the Medical Practice

Act 1994 insert—

"(2) If a registered medical student who is the

subject of a preliminary investigation under
this Division—

Health Practitioner Acts (Amendment) Act 2000

s. 20 Act No. 27/2000

(a)	does not agree to undergo an examination under section 30 or does not abide by an agreement to undergo such an examination; or
(b)	does not reach an agreement with the Board under section 32 or does not abide by an agreement reached with the Board under section 32—

the Board may refer the matter to a formal

hearing.".

20. Up dated reference

In section 37(2) of the Medical Practice Act
1994 in paragraph (e) for "Physiotherapists Act
1978" substitute "Physiotherapists

Registration Act 1998".

21. Determinations at hearings

(1) In section 43(2) of the Medical Practice Act

1994, after paragraph (a) insert—

"(ab) that the medical practitioner undertake

further education of the kind stated in the
determination and to complete it within the

period specified in the determination;".

(2) In section 51(1) of the Medical Practice Act

1994, after paragraph (b) insert—

"; or

(c) the ability of the medical student to have direct patient contact is affected because—

(i)  of the physical or mental health of the student; or

(ii) the student has an incapacity; or

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 22

(iii)  the student is an alcoholic or drug- dependent person; or

(d) the ability of the student is not affected.".

(3) After section 51(2) of the Medical Practice Act

1994 insert—
"(3) If the panel makes a finding under sub-

section (1)(c), the panel may make one or

more of the following determinations—

(a)	to impose any condition, limitation or restriction on direct patient contact by the student;
(b)	to prohibit the student from having direct patient contact for the period specified.

(4) A determination of the Board takes effect when notice of it is served on the medical school where the student is enrolled.

(5) A medical student is not permitted to have

direct patient contact contrary to the terms of a determination in force under this section.".

22. Constitution of panels

(1) In sections 40 and 47 of the Medical Practice Act

1994, for sub-section (2) substitute—
"(2) If—

(a)	the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)	the Board is of the opinion that a person with special expertise is required for the hearing—

Health Practitioner Acts (Amendment) Act 2000

s. 23 Act No. 27/2000

the President or, in the absence of the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (4).".

(2) After sections 40(3) and 47(3) of the Medical

Practice Act 1994 insert—

"(4) The Governor in Council, on the

recommendation of the Minister, may panel under sub-section (2).".

approve persons who are not members of the

23. Conduct of a formal hearing

After section 49(d) of the Medical Practice Act

1994 insert—

"; and

(e)

the panel may determine that any medical practitioner or medical student who is the subject of the hearing to be identified must not be published or broadcast prior to the making of a final determination if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice.".

24. New section 51A inserted

After the heading to Division 4 of Part 3 of the

Medical Practice Act 1994 insert—

"51A. Investigation may continue even if person

no longer registered

(1) The Board may—

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000	s. 25
(a)

conduct an investigation into a and make a finding or determination under this Part;

(b) conduct a hearing and make a finding or determination under this Part in relation to a complaint referred to in section 22(2)—

as if the person referred to in that complaint

were a registered medical practitioner.

(2) The Board may—

(a)	conduct or continue to conduct an investigation into the professional conduct of a person who has ceased to
be a registered medical practitioner but who was a registered medical practitioner at the time a complaint was made or the Board had determined to conduct an investigation into the conduct and make a finding or determination under this Part;
(b)	conduct or continue to conduct a hearing and make a finding or determination under this Part in relation to a person who has ceased to be a registered medical practitioner but who was a registered medical practitioner at the time the Board had determined to conduct the hearing—

as if the person were a registered medical

practitioner.".

25. Notifications

(1) After section 57(1) of the Medical Practice Act 1994 insert—

Health Practitioner Acts (Amendment) Act 2000

s. 26 Act No. 27/2000

"(1A) If a determination has been made by a

panel—

(a)

imposing any condition, limitation or having direct patient contact; or

(b) prohibiting the medical student from having direct patient contact for the period specified—

the Board must give notice of the student is enrolled.".

determination to the Australian Medical

(2) In section 57(2) of the Medical Practice Act

1994, after "(1)" insert "or (1A)".

26.  Offence to publish information identifying practitioner or student

In section 58 of the Medical Practice Act 1994—

(a) after paragraph (b) insert—

"; or

(c) if the panel has made a determination prohibiting the publication or broadcast of the identity of the registered medical practitioner or medical student before the making of a final determination, that practitioner or student to be identified prior to the making of the final determination";

(b) for "or witness" substitute ", witness, practitioner or student".

27. Miscellaneous amendments

In the Medical Practice Act 1994—

(a) in section 59(1) omit ", whether appointed by the Board or the Governor in Council,";

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 28

(b) in section 61 after "decision" (wherever occurring) insert ", finding".

28. Advertising

(1) In section 64(1) of the Medical Practice Act

1994, for paragraph (d) substitute—

"(d) creates an unreasonable expectation of

beneficial treatment.".

(2) After section 64(3) of the Medical Practice Act

1994 insert—
"(4) Despite section 26 of the Magistrates'

Court Act 1989, proceedings for an offence against this section may be commenced within 3 years after the commission of the alleged offence.

(5) A person who advertises a medical practitioner's practice or a medical practitioner's services in a manner otherwise

than in compliance with this section is guilty
of a continuing offence and may be
convicted in respect of each day on which

the offence continues.".

29. New sections 64A to 64D inserted

After section 64 of the Medical Practice Act

1994 insert—

"64A. Medical students

A person is not entitled to have direct patient contact in a hospital or other teaching facility as part of a course of medical study or

medical training at a medical school accredited by the Australian Medical Council unless the person is a registered
medical student or a registered medical

practitioner under this Act.

64B. Advertising guidelines

Health Practitioner Acts (Amendment) Act 2000

s. 29 Act No. 27/2000

(1) The Governor in Council may, on the

recommendation of the Board, by notice
published in the Government Gazette, issue
guidelines about the minimum standards
acceptable to the Board for or with respect to
the advertising of medical services.

(2) The Board must consult with any person
nominated by the Minister in formulating
guidelines for the purposes of this section.

(3) The Board must ensure that any guidelines

that it has formulated for recommendation to
the Governor in Council have been notified
with a request for public comment in the
Government Gazette, a newspaper
circulating generally throughout Victoria and
in any professional magazine, newsletter or
journal circulating amongst medical
practitioners in Victoria at least 60 days
before the recommendation is given to the

Governor in Council.

(4) The Board must have regard to any

comments received pursuant to a notice
under this section in making a

recommendation to the Governor in Council.

(5) The Board must have regard to any

guidelines issued by the Governor in Council
under this section.

(6) A court may have regard to any guidelines

issued by the Governor in Council under this
section.

64C. Power of the courts to require corrective

advertising

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 29

If, on the application of the Minister a court is satisfied that there has been a contravention of section 64(1)(a), (b), (c) or (d) the court may make either or both of the following orders—

(a) an order requiring any person involved in the contravention to disclose any information which is in the person's possession or to which the person has access, which is information or of a class of information specified in the order—

(i)  to the public or any person or class of persons specified in the order; and

(ii)  in the manner specified in the order;

(b) in the contravention to publish an
advertisement in the terms specified or

an order requiring any person involved order—

(i) at the expense of the person; and

(ii)  in the manner and at the times specified in the order.

64D. Exemptions

Nothing in section 62 applies to the giving or performance of any medical or surgical advice, service, attendance or operation by a person registered as a medical practitioner under the law in force in another State or Territory or New Zealand—

(a) in an emergency if no other registered medical practitioner is available; or

Health Practitioner Acts (Amendment) Act 2000

s. 30 Act No. 27/2000

(b)	if the person is acting in accordance with that registration for the purpose of tissue removal or transplantation in accordance with the Human Tissue Act 1982; or
(c)	if the person is acting in accordance with that registration in relation to a patient who is being transported into or

out of Victoria for medical treatment.".

30. Functions of Board

(1) In section 66(1) of the Medical Practice Act

1994—

(a) after paragraph (a) insert— "(ab) to regulate the standards of medical

practice in the public interest;";

(b) after paragraph (d) insert— "(da) to issue and publish codes for the

guidance of registered medical
practitioners about standards
recommended by the Board relating to
the practise of medicine;

(db) to issue and publish guidelines about the minimum terms and conditions of professional indemnity insurance for registered medical practitioners;

(dc) to initiate, promote, support or

participate in programs that the Board
considers will improve medical
practitioners' ability to practise
medicine and medical students' ability
to have direct patient contact without
being affected by any matter referred to
in section 28 and to protect the public
from those practitioners or students and

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000	s. 31
to provide funding for those programs;".

(2) After section 66(3) of the Medical Practice Act

1994 insert—
"(4) The Board must consult with registered

medical practitioners before formulating any

codes referred to in sub-section (1)(da).".

31. New sections 75A and 75B inserted

After section 75 of the Medical Practice Act

1994 insert—

"75A. Resolutions without meetings

(1) If—

(a)	the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and
(b)	a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have
been passed at a meeting of the Board held
on the day on which the document is signed
or, if the members referred to in paragraph
(b) do not sign it on the same day, on the day
on which the last of those members signs the
document.

(2) If a resolution is, under sub-section (1),

deemed to have been passed at a meeting of
the Board, each member must as soon as
practicable be advised of the matter and
given a copy of the resolution.

(3) For the purposes of sub-section (1), 2 or more separate documents containing a

Health Practitioner Acts (Amendment) Act 2000

s. 31

s. 32 Act No. 27/2000

statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.

(4) The majority of members referred to in sub-

section (1)(b) must not include a member
who, because of section 75, is not entitled to
vote on the resolution.

(5) This section does not apply to any resolution

of the Board relating to a matter being
considered under Part 3.

75B. Approved methods of communication for

Board

(1) If not less than two-thirds of the members of

the Board for the time being holding office
so agree, a meeting of the Board may be held
by means of a method of communication, or
by means of a combination of methods of
communication, approved by the President
of the Board for the purposes of that
meeting.

(2) For the purposes of this Part, a member of

the Board who participates in a meeting held
as permitted by sub-section (1) is present at
the meeting even if he or she is not
physically present at the same place as
another member participating in the meeting.

(3) This section—

(a)	applies to a meeting or a part of a meeting;
(b)	does not apply to a meeting conducted for the purposes of Part 3.".

32.  Abolition of Intern Training Accreditation Committee

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000

Division 2 of Part 6 of the Medical Practice Act

1994 is repealed.

33. Funding of programs

In section 89(4) of the Medical Practice Act

1994, after paragraph (a) insert—

"(ab) expenses incurred in initiating, promoting,

supporting or participating in programs
referred to in section 66(1)(dc) and providing
funding for those programs; and".

34.  New section 93 substituted and sections 93A to 93D inserted

For section 93 of the Medical Practice Act 1994
substitute—
"93. Identification

(1) The Board must issue an identification card

to each person appointed by the Board to
apply for or execute search warrants for the
purposes of this Act.

(2) A person appointed by the Board must, in

the course of performing his or her functions
under this Act, produce his or her
identification card to any person who
requests its production.

93A. Powers of entry with warrant

(1) A person appointed for that purpose by the

Board may apply to a magistrate for the issue of a search warrant in relation to particular premises if that person believes, on reasonable grounds—

(a) that there is or has been a contravention of this Act or the regulations on the premises; or

Health Practitioner Acts (Amendment) Act 2000

s. 34 Act No. 27/2000

(b) that entry into or onto the premises is necessary for the purpose of investigating a complaint made under this Act which, if substantiated, may provide grounds for the suspension or cancellation of registration of a medical practitioner.

(2) If a magistrate is satisfied by evidence on

oath, whether oral or by affidavit, that there
are reasonable grounds for suspecting that
there is on the premises a particular thing
that may be evidence of the commission of
an offence against this Act or the regulations
or of grounds for the suspension or
cancellation of the registration of a medical
practitioner or medical student, the
magistrate may issue a search warrant
authorising any person named in the
warrant—

(a)	to enter the premises or the part of the premises named or described in the warrant; and
(b)	to search for and seize a thing named or described in the warrant; and
(c)	to bring the thing before the Court so that the matter may be dealt with according to law.

(3) In addition to any other requirement, a

search warrant issued for the purposes of this
section must state—

(a) the offence or grounds of suspension or cancellation suspected; and

(b) the premises to be searched; and

(c) the name or a description of the thing to be searched for; and

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 34

(d)	any conditions to which the warrant is subject; and
(e)	whether entry is authorised to be made at any time or during stated hours; and
(f)	a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in

accordance with the Magistrates' Court Act
1989 and in a form prescribed under that

Act.

(5) The rules to be observed with respect to search warrants mentioned in the apply to warrants under this section.

93B. Announcement before entry

(1) Immediately before executing a search

warrant, a person named in the warrant must announce that he or she is authorised by the warrant to enter the premises.

(2) The person need not comply with sub-

section (1) if he or she believes on
reasonable grounds that immediate entry to
the premises is required to ensure the safety
of any person or that the effective execution
of the search warrant is not frustrated.

93C. Copy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed, the person or persons named in the warrant must—

Health Practitioner Acts (Amendment) Act 2000

s. 35 Act No. 27/2000

(a)	identify themselves to that person by producing their identification card for inspection by that person; and
(b)	give to that person a copy of the execution copy of the warrant.

93D. Copies or receipts to be given

(1) If a person seizes—

(a)	a document, disk or tape or other thing that can be readily copied; or
(b)	a storage device the information in which can be readily copied—

under a warrant the person, on request by the
occupier, must give a copy of the thing or
information to the occupier as soon as
practicable after the seizure.

(2) If a person seizes a thing under a warrant and

has not provided a copy of the thing or
information under sub-section (1) the person
must provide a receipt for that thing as soon
as practicable after the seizure.".

35. Powers of the Board with respect to intern training

(1) In section 94 of the Medical Practice Act 1994,

for "Intern Training Accreditation Committee or a
registered medical practitioner authorised in
writing by that committee" substitute "Board or a

person authorised in writing by the Board".

(2) In section 95(3) of the Medical Practice Act

1994, for "must have regard to the advice of the substitute "may obtain and have regard to the advice of a person or body referred to in sub- section (5)".

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 35

(3) After section 95(4) of the Medical Practice Act

1994 insert—
"(5) The Board may engage consultants or enter

into any agreement or arrangement with any

person or body to—

(a) extent of intern training, the

advise the Board on the length and and the facilities which are necessary to be provided for such training in hospitals or other institutions;

(b) the approval of positions in hospitals or
other institutions for the purposes of
intern training and make

receive and consider applications for respect to those applications;

(c) periodically review approved positions and make recommendations to the Board as to whether or not the approval of any position should continue and if so whether or not any terms or conditions should attach to the approval.".

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Health Practitioner Acts (Amendment) Act 2000

s. 36 Act No. 27/2000

PART 3—DENTAL PRACTICE ACT 1999

36. Professional indemnity insurance

No. 26/1999. (1) In the Dental Practice Act 1999—

(a)

in section 3, after the definition of "lawyer" ' "professional indemnity insurance"

includes insurance against civil liability
in connection with the provision of
dental care and an agreement or
arrangement for discretionary

indemnity in respect of that liability;';

(b)

in section 4(3), for paragraph (a) "(a) the applicant to provide evidence that

the applicant will, at the time of
commencing to provide dental care be
covered by professional indemnity
insurance that meets the minimum
terms and conditions set out in the

guidelines of the Board; and";

(c) in section 6(2) after paragraph (i) insert— "(j) that, in the opinion of the Board, the

dental care provider does not have
adequate arrangements for professional
indemnity insurance that meet the
minimum terms and conditions set out

in the guidelines of the Board.";

(d)

in sections 8(3) and 69(1)(f)(i) for "insurance "professional indemnity insurance";

(e) in section 12(1), paragraph (c) is repealed.

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 36

(2) For section 6(4) of the Dental Practice Act 1999

substitute—
"(4) The Board may impose any condition,

limitation or restriction it thinks appropriate

on registering a person including a

condition—

(a) that—

(i)  the dental care provider must hold professional indemnity insurance; or

(ii) dental care provider must be

the dental care provided by the insurance; or

(iii) specified or referred to in
professional indemnity insurance,
whether by name or otherwise, as
a person to whom the professional
indemnity insurance extends even

the dental care provider must be not a party to the professional indemnity insurance; and

(b)

that the professional indemnity terms and conditions set out in the guidelines of the Board.

(4A) If the applicant's arrangements satisfy the

minimum terms and conditions set out in the
guidelines of the Board, the Board must
not—

(a) that the dental care provider's

refuse to grant registration on the basis indemnity insurance are in the form of

Health Practitioner Acts (Amendment) Act 2000

s. 36	Act No. 27/2000
insurance or a discretionary indemnity; or

(b) impose a condition on the registration of a dental care provider to require the dental care provider's arrangements for professional indemnity insurance to be in the form of insurance or a

discretionary indemnity.".

(3) For section 7(3) of the Dental Practice Act 1999

substitute—
"(3) The Board may impose any condition,

limitation or restriction it thinks appropriate on granting specific registration including a condition—

(a) that—

(i)  the dental care provider must hold professional indemnity insurance; or

(ii) dental care provider must be

the dental care provided by the insurance; or

(iii) specified or referred to in
professional indemnity insurance,
whether by name or otherwise, as
a person to whom the professional
indemnity insurance extends even

the dental care provider must be not a party to the professional indemnity insurance; and

(b)

that the professional indemnity terms and conditions set out in the guidelines of the Board.

Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 37

(3A) If the applicant's arrangements satisfy the

minimum terms and conditions set out in the
guidelines of the Board, the Board must
not—

(a) that the dental care provider's
arrangements for professional

refuse to grant registration on the basis insurance or a discretionary indemnity; or

(b) impose a condition on the registration of a dental care provider to require the dental care provider's arrangements for professional indemnity insurance to be in the form of insurance or a

discretionary indemnity.".

(4) After section 12(1) of the Dental Practice Act 1999 insert—

"(1A) The Board may require the application to be accompanied by evidence that the applicant will, at the time of commencing to provide dental care, be covered by professional

indemnity insurance in connection with that
dental care that meets the minimum terms
and conditions set out in guidelines of the

Board.".

37. Provision of information to the Board

(1) After section 20(1) of the Dental Practice Act 1999 insert—

"(1A) Sub-section (1) does not apply if—

(a) the amount of the court order or settlement is less than the amount fixed by the Board for the purposes of this section; or

Health Practitioner Acts (Amendment) Act 2000

s. 38 Act No. 27/2000

(b) the court orders that the terms of the order should not be disclosed.".

(2) After section 20(3) of the Dental Practice Act

1999 insert—
"(4) The Board, by notice published in the

Government Gazette, may fix an amount for the purposes of sub-section (1A)(a).".

38. Formal hearings

In the Dental Practice Act 1999—

(a)	in section 44(1)(b) for "or subdivision" substitute "or, if the dental care provider is registered in a subdivision, in the same subdivision,";
(b)	in section 47(5) for "order" substitute "determination".

39. Suppression of practitioner's name

In the Dental Practice Act 1999—

(a) after section 46(d) insert—

" ; and

(e)	the panel may determine that any information that might enable the registered dental care provider who is
the subject of the hearing to be identified must not be published or broadcast prior to the making of a final determination if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice.";

(b) in section 56, omit "(1)";
Health Practitioner Acts (Amendment) Act 2000

Act No. 27/2000 s. 40

(c) after section 56(b) insert—

"; or

(c) if the panel has made a determination prohibiting the publication or broadcast of the identity of the registered dental care provider prior to the making of a final determination, that dental care provider to be identified prior to the making of a final determination";

(d) in section 56 for "or witness" substitute ", witness or dental care provider";

(e) section 56(2) is repealed.

40. Statute law revision

In the Dental Practice Act 1999—

(a)	in the heading to Division 2 of Part 3 after "providers" insert "and students";
(b)	in the Schedule, in item 6 for "a registered dental care provider" substitute "registered dental care providers";
(c)	in the Schedule, after item 7 insert—

"8. Sentencing Act 1991

In section 95BA(2), in the definition of

"dentist"—

(a)

in paragraph (a) for "registered or the Dentists Act 1972" substitute "who is a registered dentist or qualified to be a registered dentist under the Dental Practice Act 1999";

(b) in paragraph (b) for "Dentists Act 1972" substitute "Dental Practice Act 1999".

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Health Practitioner Acts (Amendment) Act 2000

Notes Act No. 27/2000

NOTES

†

Minister's second reading speech—

Legislative Assembly: 4 May 2000

Legislative Council: 24 May 2000

The long title for the Bill for this Act was "to make miscellaneous
amendments to the Dental Practice Act 1999 and the Medical Practice
Act 1994 and for other purposes."