New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
An application for registration must be in a form approved by the Board and must be lodged with the Registrar.
(1) The application is to be accompanied by the fee determined by the Board. Different fees may be determined in respect of different types of applications.
(2) The Board may waive the requirement for a fee in any particular case.
The application is to be accompanied by such evidence as the Board requires.
(1) The Board may require an applicant for registration to disclose:(a) details of any offence for which the applicant has been convicted or made the subject of a criminal finding, in this State or elsewhere (together with details of any penalty imposed for the offence), other than an excluded offence, and(b) details of any criminal proceedings pending against the applicant in this State or elsewhere for a sex or violence offence.
(2) The Board may require a disclosure for the purposes of this clause to be in the form of a statutory declaration.
(3) Any power of the Board to require disclosure of a conviction or criminal finding for an offence or to have regard to the conviction of or the making of a criminal finding in respect of an applicant for registration for an offence extends to a conviction or criminal finding for an offence committed before the commencement of this clause.
Note: The Criminal Records Act 1991 makes provision for convictions to become "spent" after a certain crime-free period. If a conviction of a person is spent, the person is not required to disclose the conviction under this section (see section 12 of that Act).
(1) For the purposes of an appeal under this Act, the Board is taken to have determined that an applicant for registration is not entitled to be registered and to have refused the application if the Board does not consider and determine the application within 3 months after the application is lodged with the Registrar.
(2) The Board and the applicant may agree on a longer period than 3 months for the purposes of this clause, in which case the agreed longer period applies.
The Board is to consider and determine all applications for registration. The Board determines an application by either registering the applicant (unconditionally or subject to conditions) or refusing the application.
(1) The Board is to give an applicant for registration notice of the Board's decision on the application as soon as practicable after the decision is made.
(2) If the decision is to grant registration, the Board is to issue to the applicant a certificate of registration in a form approved by the Board and stating the particulars recorded in the Register with respect to the applicant.
The Board registers a person by recording in the Register such particulars as the Board considers appropriate and any conditions to which the registration is subject.
The conditions that may be imposed on registration in accordance with this Act at the time of registration include conditions relating to the duration of registration, the aspects of the practice in which the person who is registered may be engaged and conditions relating to any other matters that the Board thinks fit.
(1) The Board may hold an inquiry, in such cases as it considers appropriate, into the eligibility of an applicant to be registered as a medical practitioner.
(2) An inquiry may include an inquiry into the applicant's competence to practise medicine.
(3) In this clause, a reference to the eligibility of an applicant to be registered as a medical practitioner includes the following:(a) the eligibility of an applicant who has been granted registration of a kind referred to in section 5 (conditional registration for interns) or section 9 (non-practising registration) to be granted registration of a kind referred to in section 4 (general registration),(b) the eligibility of an applicant whose name has been removed from the Register, and whose application for registration is not required to be rejected under section 14, to be re-registered as a medical practitioner.
If the Board is not satisfied as to the eligibility of an applicant to be registered after considering the application for registration, the Board is to hold an inquiry under this Part for the purpose of satisfying itself as to eligibility.
The Registrar is to fix a time and place for the holding of an inquiry and is to cause the applicant concerned to be given at least 14 days' notice in writing of the time and place for the inquiry.
For the purposes of an inquiry conducted by the Board under this Part, the Board has the same functions that a Committee has under this Act.
(1) The person in relation to whom an inquiry is being held is entitled to attend and to be accompanied by an Australian legal practitioner or another adviser, but is not entitled to be represented by an Australian legal practitioner or other adviser.
(2) This clause does not prevent an inquiry from proceeding in the absence of the person in relation to whom the inquiry is being held, as long as the person has been given notice of the inquiry under clause 11.
(1) The Commission is to be given at least 7 days notice of an inquiry and may, if the Board consents, appear at the inquiry.
(2) The Commission may appoint an officer of the Commission to appear at the inquiry on behalf of the Commission.
(3) This clause does not apply if the inquiry relates solely or principally to the physical or mental capacity of an applicant to practise medicine.
Schedule 2 applies to and in respect of a person or witness appearing or evidence given at an inquiry in the same way as it applies to a person or witness appearing or evidence given before a Committee.
(1) If the Board decides to hold an inquiry, the Board is to appoint 3 persons to conduct the inquiry.
(2) The persons appointed to conduct the inquiry need not be members of the Board.
(3) The persons appointed to conduct an inquiry are taken to constitute the Board for the purposes of the inquiry and, accordingly, may exercise the functions of the Board in relation to the inquiry.
(4) The persons so appointed are taken to be members of the Board for the purposes of this Act and may exercise the functions of such a member in relation to an inquiry.
The Director-General may intervene in any inquiry before the Board and is entitled to be heard personally or by being represented by an officer of the Department of Health.
(1) Before or during an inquiry under this Part, the Board may require the applicant for registration, by notice in writing given personally or by post to the applicant, to undergo at the Board's expense an examination by a specified registered medical practitioner or a specified registered health practitioner specified in the notice, at any reasonable time and place so specified.
(2) A failure by an applicant, without reasonable cause, to comply with such a notice is, for the purposes of this Part (including any inquiry or appeal under this Act) evidence that the applicant does not have sufficient physical and mental capacity to practise medicine.
A decision supported by at least 2 of the 3 persons appointed to conduct an inquiry under Part 3, on the inquiry or any question arising during the inquiry, is a decision of the Board.
(1) The Board must provide a written statement of a decision on an inquiry held under Part 3 to the person in relation to whom the inquiry was held and must do so within one month after the decision is made.
(2) The statement of a decision must:(a) give the reasons for the decision, and(b) include information about any appeal rights the person has under section 17.
(3) The Board may also provide the statement of a decision to such other persons as the Board thinks fit.
(1) If the Board refuses or rejects an application for registration, without holding an inquiry under Part 3, the Board must provide the applicant with a written statement of the decision of the Board and must do so within one month after the decision is made.
(2) The statement of a decision must:(a) give the reasons for the decision, and(b) include information about any appeal rights the person has under section 17.
(3) The Board may also provide a statement of a decision to such other persons as the Board thinks fit.
(1) The Board is not required to include confidential information in a statement of a decision. If a statement would be false or misleading if it did not include the confidential information, the Board is not required to provide the statement.
(2) When confidential information is not included in the statement of a decision provided to a person or the statement is not provided to a person because of subclause (1), the Board must give a confidential information notice to the person.
(3) A "confidential information notice" is a notice that indicates that confidential information is not included or that the statement will not be provided (as appropriate) and gives the reasons for this. The notice must be in writing and must be given within one month after the decision is made.
(4) This clause does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.
(1) The Board is to keep a register, called the Register of Medical Practitioners for New South Wales.
(2) The Register is to be kept in such form as the Board determines.
(3) The Register must be available for inspection by any person:(a) in person at the office of the Board at all reasonable times, and(b) by such other means (such as Internet access) and at such other times as the Board determines.
(4) The Board may charge a fee for an inspection of the Register, not exceeding such amount as may be prescribed by the regulations.
(5) The Board may carry out searches of the Register on a person's behalf and may charge such fee as it determines for the search.
(1) The Board is to record in the Register such particulars of the registration of each registered medical practitioner as the Board considers appropriate, subject to the regulations. The regulations may make provision for or with respect to the information to be recorded in the Register.
(2) The Board may, on application by a registered medical practitioner and payment of the prescribed fee, record in the Register any particulars in addition to those required to be recorded in the Register, as the Board approves.
(3) The Board must make such other recordings in the Register as may be necessary for the purpose of maintaining the Register as an accurate record of the particulars relating to each registered medical practitioner.
(1) The name of a registered medical practitioner is removed from the Register by the making in the Register of such recording as the Board directs.
(2) The Board must cause a person to be given notice that the person's name has been removed from the Register unless the person's name was removed in accordance with an order of the Chairperson, a Deputy Chairperson, the Tribunal or the Supreme Court under this Act.
(1) The Board may by notice require a person who has ceased to be registered to furnish to the Board within a time specified in the notice a certificate issued to the person under this Act in respect of that registration.
(2) A person on whom such a notice has been served must not, without reasonable cause, fail to comply with the requirements of the notice.Maximum penalty (subclause (2)): 1 penalty unit.
A reference in this Act to the making of a recording in the Register includes a reference to amending, cancelling or deleting a recording in the Register.
A registered medical practitioner must, on or before a date notified in writing to the practitioner at least 1 month in advance, pay to the Board the annual registration fee determined by the Board and approved by the Minister.
(1) The Board is to notify a registered medical practitioner who does not pay the annual registration fee on or before the due date that if the fee is not paid on or before a later date specified in the notification the practitioner's name will be removed from the Register.
(2) The Board may cause to be removed from the Register the name of any registered medical practitioner who has been so notified and fails to pay the fee on or before that later date.
(1) A person whose name has been removed from the Register for failure to pay the annual registration fee is entitled to re-registration if the person pays to the Board any unpaid annual registration fee or fees together with any applicable late payment fee.
(2) A late payment fee is applicable when more than 3 months have elapsed since the person's name was removed from the Register. The late payment fee is $50 for each month or part of a month after the first 3 months since the person's name was removed from the Register.
(3) The Board may waive payment of a late payment fee in a particular case if the Board thinks it appropriate to do so.
(4) The entitlement to re-registration is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person's registration immediately before the removal of his or her name from the Register.
(5) The Board may refuse to register a person under this clause if satisfied that the person is not competent to practise medicine or is not of good character.
(6) A person registered pursuant to an entitlement to re-registration under this clause is taken to have been so registered on and from the day the person's name was removed from the Register or on and from such later day as the Board determines and notifies to the person.
(7) An entitlement to re-registration under this clause does not override any other provision of this Act pursuant to which a person's name is authorised or required to be removed from the Register.
The Board may, for such reason as it considers proper, waive the requirement that an annual registration fee be paid by a registered medical practitioner in any particular year.