Download Act 1999 PDF

Table of Contents

                            Queensland
Contents
Part 1 Preliminary
	1 Short title
	2 Commencement
	3 Dictionary
	4 The legislative scheme
	5 Relationship with Health Quality and Complaints Commission Act
	6 Main objects of Act
	7 How main objects of this Act are to be primarily achieved
	8 Act binds all persons
	9 Application of Act to persons who are no longer registered
Part 2 Administration
	10 Purposes of pt 2
	11 Boards’ functions under this Act
	12 Delegation of certain powers
	13 Minister’s power to give directions
	14 Functions of panel
	15 Secretary to establish panel
	16 When panel ceases to exist
	17 Membership of panel
	18 Restrictions on membership of panel
	19 Board must advise secretary of specialist and technical issues
	20 Board may nominate member
	21 Chairperson
	22 Payment of members
	23 Appointment of secretary
	24 Conditions of appointment
	25 Functions of secretary
	30 Functions
	31 Assessors to assist tribunal
	32 Restrictions on appointment of assessors
	33 Board must advise principal registrar of specialist and technical issues
	34 Functions and powers of assessors
	35 Payment of assessors
	39 Panels of assessors
	40 Appointment of individuals to panels of assessors
	40A Temporary appointment of panel of assessors
	41 Disqualification from membership of panel of assessors
	42 Procedure for recommending members of panels of assessors
	43 Duration of appointment
	44 Conditions of appointment
	45 Vacation of office
Part 3 Complaints
	46 Purposes of pt 3
	47 Who may make complaint about registrant
	48 Grounds for complaint
	49 How complaint is made
	50 Entity making complaint to reveal identity
	51 Action by board on receipt of complaint
	52 Referral of complaint to commission
	53 Action by board on receipt of complaint made or referred by another entity, or complaint commission not authorised to receive
	54 When complaint may be rejected
	55 Notice to be given if complaint rejected
	56 Board may require further information or statutory declaration
	57 Withdrawal of complaint
Part 4 Immediate suspension of registrants or imposition of conditions on their registration
	58 Purpose of pt 4
	59 Immediate suspension or imposition of conditions on registration
	60 Suspension or conditions to be recorded in board’s register
Part 5 Investigations
	61 Purposes of pt 5
	62 When investigation of registrant must be conducted
	63 When investigation of registrant may be conducted on board’s initiative
	64 Who may investigate
	65 Investigation must be conducted as quickly as possible
	66 Registrant to be given notice of investigation
	67 Registrant may make submissions
	68 Function of investigation committee
	69 Powers of investigation committee
	70 Function of investigator
	71 Powers of investigator
	72 Limitation on powers of investigator
	73 Who may be appointed as investigator
	74 Investigator’s appointment conditions
	75 Investigator’s identity card
	76 Failure to return identify card
	77 Display of investigator’s identity card
	78 Power to require information or attendance
	79 Offences
	80 Self-incrimination
	81 Inspection of produced things
	82 Power to enter places
	83 Consent to entry
	84 Application for warrant
	85 Issue of warrant
	86 Special warrants
	87 Warrants—procedure before entry
	88 General powers after entering places
	89 Failure to help investigator
	90 Failure to give information
	91 Seizing evidence at public place if entry made when place open
	92 Seizing evidence at place entered with consent or warrant
	93 Securing seized things
	94 Tampering with seized things
	95 Powers to support seizure
	96 Receipt for seized things
	97 Forfeiture of seized things
	98 Dealing with forfeited things etc.
	99 Return of seized things
	100 Access to seized things
	101 Notice of damage
	102 Compensation
	103 False or misleading information
	104 False or misleading documents
	105 Obstructing investigators
	106 Impersonation of investigators
	107 Board may require health assessment
	108 Appointment of appropriately qualified person to conduct health assessment
	109 Report about health assessment
	110 Registrant may make submissions about assessment report
	111 Expert assistance
	112 Use of assessment and expert’s report
	113 Payment for health assessments and reports
	114 Preliminary report prepared by investigation committee or investigator
	115 Board to prepare report on completion of investigation
	116 Board to keep commission informed about investigation
	117 Commission may report to Minister
	118 Decision on investigation
	119 Board to take action as soon as practicable
	120 Board must give notice about investigation to registrant and other persons
	121 Undertaking to be recorded in board’s register
Part 6 Disciplinary proceedings
	122 Purposes of pt 6
	123 Purposes of disciplinary proceedings and disciplinary action
	124 Grounds for disciplinary action
	125 When disciplinary proceedings may be started
	126 How disciplinary proceedings may be started
	127 Boards’ jurisdiction to conduct disciplinary proceedings
	128 Form of disciplinary proceedings
	129 Additional disciplinary matters
	130 Application of sdiv 2
	131 Notice of intention to conduct disciplinary proceedings by hearing
	132 Substituted service on registrant and complainant
	133 Registrant may require referral to tribunal
	134 Powers of board to refer matter to panel or tribunal etc.
	135 Powers of disciplinary committee to refer matter to panel or tribunal etc.
	136 Procedure for hearing by board or disciplinary committee
	137 Time and place of hearing
	138 Hearing not open to the public
	139 Attendance and appearance at hearing
	140 Board or disciplinary committee may exclude complainant from hearing
	141 Board or disciplinary committee may exclude disruptive person from hearing
	142 Board or disciplinary committee may be assisted by lawyer or other person
	143 Witnesses
	144 Board or disciplinary committee may proceed in absence of registrant or may adjourn hearing
	145 Questions to be decided by majority of board or disciplinary committee
	146 Procedure if board member absent etc.
	147 Procedure if committee member absent etc.
	148 Inspection of things
	149 Evidence and findings etc. in other proceedings may be received or adopted
	150 Allowance to witnesses
	151 Board or disciplinary committee to keep record of disciplinary proceedings
	152 Application of sdiv 3
	153 Notice of intention to conduct disciplinary proceedings by correspondence
	154 Substituted service on registrant or complainant
	155 Registrant may require referral to tribunal
	156 Board or disciplinary committee may require other information
	157 Power of board or committee to continue disciplinary proceedings without receiving registrant’s submission
	158 Offences about attending hearing, answering questions and related matters
	159 Offence for failing to give information
	160 Self-incrimination
	161 False or misleading information
	162 False or misleading documents
	163 Contempt of board or disciplinary committee
	164 Decision about whether ground for disciplinary action established
	165 Decision about disciplinary action relating to registrant
	166 Decision about disciplinary action relating to former registrant
	167 Matters board or disciplinary committee must consider in making decision about disciplinary action
	168 Notification of decision
	169 Additional information to be included in notice
	170 Disciplinary action to be recorded in board’s register
	171 Panels’ jurisdiction to conduct disciplinary proceedings
	172 Additional disciplinary matters
	173 Parties to disciplinary proceedings
	174 Notice of intention to conduct hearing
	175 Substituted service on registrant and complainant
	176 Pre-hearing conference
	177 Registrant may require referral to tribunal
	178 Powers of panel to direct referral of matter to tribunal etc.
	179 Procedure for hearing by panel
	180 Time and place of hearing
	181 Hearing not open to the public
	182 Appearance and attendance at hearing
	183 Panel may exclude complainant from hearing
	184 Panel may exclude disruptive person from hearing
	185 Secretary or other person may assist panel
	186 Witnesses
	187 Panel may proceed in absence of party or may adjourn hearing
	188 Questions to be decided by majority of panel
	189 Procedure if panel member absent etc.
	190 Interim orders
	191 Inspection of things
	192 Evidence and findings etc. in other proceedings may be received or adopted
	193 Allowance to witnesses
	194 Panel to keep record of disciplinary proceedings
	195 Offences about attending hearing, answering questions and related matters
	196 Self-incrimination
	197 False or misleading information
	198 False or misleading documents
	199 Contempt of panel
	200 Decision about whether ground for disciplinary action established
	201 Decision about disciplinary action relating to registrant
	202 Decision about recording disciplinary action relating to registrant
	203 Decision about disciplinary action relating to former registrant
	204 Matters panel must consider in making decision about disciplinary action
	205 Notification of decision of panel
	206 Additional information to be included in notice
	207 Effect of panel’s decision
	208 Implementation of decisions
	209 Authentication of documents
	210 Judicial notice of certain signatures
	211 Tribunal’s jurisdiction
	212 Additional disciplinary matters
	213 Allocation of matters and constitution of the tribunal
	214 Parties to disciplinary proceedings
	215 Notice of intention to conduct hearing
	217 Compulsory conference
	218 Tribunal’s powers relating to health assessment
	219 Procedure for hearing by tribunal
	222 Hearing of impairment matter
	225 Attendance
	226 Tribunal may exclude witnesses from hearing
	227 Member may have regard to assessor’s views
	228 Procedure if member or assessor unable to take part in proceedings
	231 Interim orders
	233 Evidence and findings etc. in other proceedings may be received or adopted
	240 Decision about whether ground for disciplinary action established
	241 Decision about disciplinary action relating to registrant
	242 Decision about recording disciplinary action relating to registrant
	243 Decision about disciplinary action relating to former registrant
	244 Matters tribunal must consider in making decision about disciplinary action
	245 Notification of decision of tribunal
	246 Additional information to be included in notice
	247 Decision may be suspended
	248 Effect of suspended decision
	249 Consequences if other disciplinary action while suspended decision
	250 Power of tribunal to deal with suspended decision
	251 Tribunal must give notice
	253 Implementation of decisions
	254 Recovery of fine
	255 Costs
	260 Purpose of div 7
	261 Board may notify other entities
	262 Board may notify other registrants
	263 Records to be kept and made publicly available
	264 Matters to be included in board’s annual report
	265 Secretary to give report to Minister
Part 7 Management of impaired registrants by boards
	266 Purpose of pt 7
	267 How purpose is achieved
	268 Application of pt 7
	269 Purpose of div 2
	270 Board may request information
	271 Notice to be given to registrant
	272 Powers of board if registrant does not undergo health assessment etc.
	273 Procedure for health assessment
	274 Registrant may make submissions about assessment report
	275 Decision about impairment
	276 Decision about action to be taken for impaired registrant
	277 Decision about action to be taken for registrants who are not impaired
	278 Notification of board’s decision
	279 Additional information to be included in notice
	280 Payment of person conducting assessment
	281 Use of assessment report
	282 Establishment of health assessment committee
	283 Composition of health assessment committee
	284 Remuneration of health assessment committee members etc.
	285 Functions of health assessment committee
	286 Notice about establishment of health assessment committee
	287 Registrant may make submissions to health assessment committee
	288 Power of health assessment committee to require registrant to undergo health assessments
	288A Appointment of external assessor
	289 Failure to comply with requirement of health assessment committee
	290 Other powers of health assessment committee
	291 Offences
	292 Self-incrimination
	293 Inspection of things
	294 False or misleading information
	295 False or misleading documents
	295A External assessor to prepare report about external assessment
	296 Health assessment committee to prepare report
	297 Registrant may make submissions about assessment report
	298 Decision about impairment
	299 Decision about action to be taken for impaired registrant
	300 Decision about action to be taken for registrants who are not impaired
	301 Notification of board’s decision
	302 Additional information to be included in notice
	303 Conditions and undertakings to be recorded in board’s register
	304 Notification of other entities
	305 Conditions or order in force until further decision made
	306 Registrant may request further health assessment
	307 Use of assessment report
	308 Board must pay cost of assessments
Part 8 Powers resulting from action under foreign law
	309 Purpose of pt 8
	310 Definition for pt 8
	311 Board may take action on basis of foreign law
	312 Further action by board relating to proposed action
	313 Record to be made in register
Part 9 Reviews and appeals
	314 Purposes of pt 9
	315 Reviews of conditions imposed under decision of panel
	316 Who may have conditions reviewed
	317 How to start a review
	318 Secretary to give notice of review to particular persons
	319 Secretary to establish panel
	320 Review may be by hearing or written submission
	321 Notice about hearing
	322 Review by hearing
	323 Review by written submissions
	324 Powers of review panel on review
	325 Reviewable decisions
	326 Who may apply for review
	327 Notice to be given to commission
	328 Review of decision under s 59(2)
	329 Panel making decision under s 324 not a party
	330 Reviews by hearing
	331 Powers of tribunal on review
	337 Decisions that may be reviewed
	338 Who may have decision reviewed
	339 Application for review
	340 Registrar to give copy of application to particular persons
	343 Review by hearing
	345 Powers of tribunal on review
	346 Tribunal decisions that are appealable
	347 Who may appeal
	350 Appellant to give notice of appeal to particular persons
	353 Court’s decision may be tribunal review decision
Part 10 Inspectors
	354 Purpose of pt 10
	355 Function of inspector
	356 Powers of inspector
	357 Limitation on powers of inspector
	358 Who may be appointed as inspector
	359 Inspector’s appointment conditions
	360 Inspector’s identity card
	361 Failure to return identity card
	362 Display of inspector’s identity card
	363 Power to require information
	364 Self-incrimination
	365 False or misleading information
	366 Inspection of produced document
	367 Impersonation
Part 11 Legal proceedings
	367A Application of div 1
	367B Appointments and authority
	367C Signatures
	367D Evidentiary provisions
	368 Indictable and summary offences
	369 Proceedings for indictable offences
	370 Limitation on who may summarily hear indictable offence
	371 Limitation on time for starting summary proceedings
	372 Allegations of false or misleading information or documents
	373 Penalties to be paid to board
Part 12 General
	374 Board may develop code of practice
	375 Inspection of code etc.
	376 Use of code of practice in disciplinary proceedings
	377 Certain investigations not to be conducted or continued
	378 Certain disciplinary proceedings not to be conducted or continued
	379 Undertakings
	380 Registrant must comply with conditions
	381 Effect of suspension
	381J Return of certificate of registration to board if registration suspended or cancelled
	381K Amendment or replacement of certificate of registration
	382 Board member or executive officer may give chief executive certain information
	383 Board to give notice to commission at end of dealing with complaint
	384 Board may notify other entities
	385 Court or coroner may notify board
	385A Registrant to give notice of certain convictions to board
	385B Registrant to give board notice of certain judgments and settlements
	385C Registrant to give board notice about certain events
	386 Protection of members, legal representatives and witnesses etc.
	386A Protection of officials from liability
	387 Protection for person making complaint or otherwise giving information
	388 Reprisal and grounds for reprisals
	389 Offence for taking reprisal
	390 Damages entitlement for reprisal
	391 False or misleading information
	392 Confidentiality
	392A Disclosure to protect health or safety of patients or other persons
	393 Board’s annual report must disclose authorisation
	394 Board etc. may give combined notice
	395 Notices if complainant has not revealed identity
	397 Forms
	398 Regulation-making power
Part 12A Provisions about particular proceedings relating to NRAS registrants
	398A Explanation of pt 12A
	398B Definitions for pt 12A
	398C Jurisdiction of tribunal conferred by National Law (Queensland)
	398D Jurisdiction of tribunal conferred by this part
	398E Exercising jurisdiction concurrently
	398F NRAS registrant may apply for review
	398G How application is made
	398H Powers of tribunal on review
	398I Application of div 4
	398J Definition for div 4
	398K Constitution of the tribunal
	398L Tribunal to be assisted by assessors
	398M Choosing assessors generally
	398N Particular persons not eligible to be assessors in an NRAS disciplinary proceeding
	398O Requirement about gender balance
	398P Choosing assessors if specialist and technical issues involved
	398Q Function of assessors in compulsory conference
	398R Functions and powers of assessors in hearing
	398S Member may have regard to assessor’s views
	398T Procedure if member or assessor unable to take part in hearing
	398U Advice to be given by tribunal in a hearing
	398V Particular hearings to be held in private
	398W Tribunal may excuse NRAS registrant from attendance
	398X Tribunal may exclude witnesses from hearing
	398Y Interim orders
	398Z Evidence and findings etc. in other proceedings may be received or adopted
	398ZA Notice of hearing of proceeding for matter referred by national board
	398ZB Notice of proceeding for review of reviewable decisions
	398ZC Particular procedures for proceeding for review of reviewable decisions
	398ZD Notice of proceeding for review of tribunal review decisions
	398ZE Particular procedures for proceedings for review of tribunal review decisions
	398ZF Notice of final decision of tribunal
	398ZG Implementation of particular decisions
	398ZH Purpose of div 7
	398ZI NRAS registrant or national board may appeal to Court of Appeal
	398ZJ Appellant to give notice of appeal to particular persons
	398ZK Court’s decision may be tribunal review decision
	398ZL Panel of assessors
	398ZM Payment of assessors
Part 13 Transitional provisions
	399 Definitions for pt 13
	400 Existing complaints and disciplinary proceedings
	401 Complaints or other information known to boards after commencement day
	402 Things to establish pattern of conduct or practice
	403 Saving of existing orders made by boards or Medical Assessment Tribunal
	404 Records of Medical Assessment Tribunal transferred to Health Practitioners Tribunal
	405 Transitional provision about health practitioner registration Act
	405A Definitions for div 3
	405B Withdrawal of referred complaint
	405C When investigation must be conducted or continued
	405D Reports to commission on investigation by board
	405E Board’s annual report
	405F Notice about board decision
	405G Copy of undertakings
	405H Continuing requirement for board to give notice to commission
	405I Definitions for div 4
	405J Keeping of records
	405K Continuing appointment of inspector or investigator
	405KA Giving particular information to Commissioner for Children and Young People and Child Guardian
	405L Definitions for div 5
	405M Existing professional panels of assessors
	405N Existing complaints and related proceedings and appeals
	405O Existing non-complaint disciplinary matters and related proceedings and appeals
	405P Existing QCAT proceedings and existing appeals
	405Q Investigators
	405R Inspectors
	405S Copy of particular records to be given to national board
	405T Particular registrants to give particular notices to national board
	405U Protection of officials from liability
	405V Penalties to be paid to national board
	405W Definitions for div 6
	405X Existing panels of assessors
	405Y Existing complaints and related proceedings and appeals
	405Z Existing non-complaint disciplinary matters and related proceedings and appeals
	405ZA Existing QCAT proceedings and existing appeals
	405ZB Investigators
	405ZC Inspectors
	405ZD Copy of particular records to be given to national board
	405ZE Particular registrants to give particular notices to national board
	405ZF Protection of officials from liability
	405ZG Penalties to be paid to national board
	406 Definition for sdiv 1
	407 Existing disciplinary proceedings not finally dealt with
	408 Chief executive to give children’s commissioner further information
	409 Definitions for sdiv 2
	410 Assets and liabilities etc.
	411 Records
Part 14 Repeals
	416 Repeals
Schedule
	Dictionary
1 Index to endnotes
2 Date to which amendments incorporated
3 Key
4 Table of reprints
5 List of legislation
6 List of annotations
7 Forms notified or published in the gazette