Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
Act No. 23/1994
Version incorporating amendments as at 11 October 2006
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
PART 2-REGISTRATION
Division 1-Procedure for obtaining registration
4. Repealed
5. Application for registration
6. Qualifications for general registration
7. General registration
8. Specific registration
9. Provisional registration
9A. Student registration
9B. Endorsement
10. Entitlement of applicant to make submissions
11. Notification of outcome of application
12. Duration and renewal of registration
13. Application for renewal of and refusal to renew registration
14. Restoration of name to the register
15. Effect of suspension of registration
16. Registration obtained by fraud
Division 2-Other requirements
17. The Register
18. Certificates
19. Use of certificate as evidence
20. Requirement to notify the Board of change of address
21. Notification of death by Registrar of Births, Deaths and Marriages
21A. Provision of information
PART 3-INVESTIGATIONS
Division 1-Notifications and commencement of investigations
22. Notifications about practitioners
23. When notifications are to be dealt with by the Health Services Commissioner as complaints
24. Board may deal with a health records complaint as a notification
25. Commencement of investigations by the Board
26. Request for conditions, limitations, restrictions or suspension
Division 2-Repealed
27. Suspension of registration at any time
28. Agreements to amend, vary or revoke
29. Notice of preliminary investigation into ability to practise or professional performance
Division 2A-Specific provisions relating to the ability to practise or have direct patient contact
30. Medical examination
31. Report of examination
32. Outcome of preliminary investigation
33. Referral to a formal hearing
34. Findings and determinations of a formal hearing into the ability of practitioner or student to practise or have patient contact
35, 36. Repealed
37. Reporting of ill-health of health practitioners
38. Immunity from liability
Division 3-Specific provisions relating to the professional performance of medical practitioners
38A. Performance assessment
38B. Report of assessment
38C. Refusal to attend or co-operate
38D. Outcome of preliminary investigation into a practitioner's professional performance
38E. Establishment and notice of a performance review panel
38F. Constitution of a performance review panel
38G. Conduct of a performance review panel
38H. Outcome of a performance review panel's review
38I. Referral to a medical examination or a formal hearing
38J. Request for a formal hearing by a practitioner
Division 3A-Specific provisions relating to the professional conduct of medical practitioners
38K. Outcome of a preliminary investigation
39. Establishment and notice of an informal hearing
40. Constitution of a panel for an informal hearing
41. Notice of an informal hearing
42. Conduct of an informal hearing
43. Findings and determinations of an informal hearing
44. Change of informal hearing to formal hearing during course of hearing
45. Request for formal hearing upon completion of informal
hearing
45A. Finding and determinations of a formal hearing into conduct
45B. Investigation may continue even if a person is no longer registered
Division 3B-General provisions relating to formal and informal hearings
45C. Application of Division
46. Establishment and notice of formal hearing
47. Constitution of a hearing panel for a formal hearing
48. Notice of a formal hearing
48A. Preliminary conferences
48B. Personal attendance may be required
49. Conduct of a formal hearing
50, 51. Repealed
Division 4-General provisions relating to investigations
51A. Repealed
52. Procedure at formal and informal hearings
53. Powers of panel conducting a formal hearing
54. Determinations
55. Removal of suspension, condition, limitation or restriction
56. Reasons for determinations of panel or Board
57. Notice of determination
58. Offence to disclose information identifying a notifier
59. Terms and conditions of appointment of panel members
PART 4-REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
60. Review by Victorian Civil and Administrative Tribunal
61. Notification
PART 5-OFFENCES
62. Claims by persons as to registration
63. Fraud, forgery etc.
63A. Prohibition against directing or inciting unprofessional conduct
63B. Extended concept of employment
63C. Extended concept of carrying on business
63D. Convicted offenders may be prohibited from carrying on
business
63E. Offence of operating business while prohibited
63F. Effect of appeal against conviction
63G. Power to require information from convicted persons and
others
63H. Meaning of management role and substantial interest
63I. Register of prohibitions
63J. Evidentiary certificate
63K. Secretary to notify Board of prohibitions
64. Advertising
64A. Medical students
64B. Advertising guidelines
64C. Power of the courts to require corrective advertising
64D. Exemptions
64E. Extension of time
PART 6-ADMINISTRATION
Division 1-The Board
65. Establishment of Board
66. Powers, functions and consultation requirements
67. Membership of the Board
68. Terms of office
69. Resignation and removal
70. President and Deputy President
71. Acting member
72. Payment of members
73. Procedure of Board
74. Effect of vacancy or defect
75. Member's interests
75A. Resolutions without meetings
75B. Approved methods of communication for Board
76. Immunity
77. Staff
78. Delegation
79. Appointment to Australian Medical Council
Division 2-Repealed
80-88. Repealed
PART 7-REPORTING AND FINANCIAL PROVISIONS
89. Medical Practitioners Board Fund
90. Investment powers
91. Repayment of advances
PART 8-ENFORCEMENT AND SUPPLEMENTARY POWERS
92. Proceedings for offences
93. Identification
93A. Powers of entry with warrant
93B. Announcement before entry
93C. Copy of warrant to be given to occupier
93D. Copies or receipts to be given
94. Examination of intern training records
95. Power of Board to approve positions for intern training
purposes
96. Powers of Board in relation to fees
PART 9-REGULATIONS
97. Supreme Court-Limitation of jurisdiction
98. Regulations
PART 10-SAVINGS AND TRANSITIONAL
99. Definitions
100. Repeal
101. Board succeeds old Board
102. Proceedings before the old Board
102A. Application of this Act to conduct occurring before the commencement of this Act
103. Existing registrations
104. References
105. Preparation of Annual Report
106. Further transitional provisions
107-119. Repealed
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1, 2-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details