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This is a Bill, not an Act. For current law, see the Acts databases.


MEDICAL AMENDMENT BILL 2000

                           Western Australia


                      LEGISLATIVE ASSEMBLY



             Medical Amendment Bill 2000


                               A Bill for


An Act to amend the Medical Act 1894 --
     •      to allow suitably qualified overseas trained doctors to be
           registered to practise as general practitioners in remote
           and rural parts of the State; and
     •      to provide for the appointment to the Board of a second
           legal practitioner,
and for related purposes.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Medical Amendment Act 2000.




                                                                page 1
                               153--1
     Medical Amendment Bill 2000



     s. 2




     2.         Commencement
          (1)   Sections 1 to 4 come into operation on the day on which this
                Act receives the Royal Assent.
          (2)   Sections 5 to 10 come into operation on a day fixed by
5               proclamation.

     3.         The Act amended
                The amendments in this Act are to the Medical Act 1894*.
                [* Reprinted as at 25 February 2000.]

     4.         Section 4 amended
10              Section 4(1a) is amended as follows:
                    (a)       by deleting "11" and inserting instead --
                              " 12 ";
                    (b)       by deleting paragraph (c) and inserting the following
                              paragraph instead --
15                        "
                              (c)   2 persons appointed by the Minister who are
                                    legal practitioners;
                                                                                      ".

     5.         Section 11AA amended
20              Section 11AA is amended by inserting after "section 11" --
                "    and sections 11AC, 11AD, 11AF and 11AG              ".

     6.         Sections 11AC and 11AD amended
                Sections 11AC(1) and 11AD(1) are amended by deleting "The"
                and inserting instead --
25              "    Subject to section 11AA, the        ".


     page 2
                                                  Medical Amendment Bill 2000



                                                                               s. 7



     7.     Section 11AF amended
            Section 11AF(1) is amended by deleting "The" and inserting
            instead --
            "     Subject to section 11AA, the    ".

5    8.     Section 11AG inserted
            After section 11AF the following section is inserted --
     "
          11AG. Conditional registration for general practice in
                remote and rural WA
10          (1)     Subject to section 11AA, the Board may register a
                    person as a medical practitioner if --
                      (a) the Board is satisfied that the person --
                              (i) has qualifications and experience in
                                    general practice obtained outside
15                                  Australia;
                             (ii) is competent, having regard to the
                                    person's qualifications and experience,
                                    to practise as a general practitioner in
                                    this State; and
20                          (iii) has undertaken to comply with the
                                    conditions imposed by subsection (2);
                           and
                      (b) the person pays to the Board together with his
                           or her application for registration such
25                         registration fee as is prescribed, together with
                           the annual practice fee prescribed for the
                           purposes of section 16A.




                                                                          page 3
     Medical Amendment Bill 2000



     s. 8



              (2)   The registration of a person under this section is
                    subject to the following conditions --
                      (a) that the person practise only as a general
                            practitioner;
5                     (b) that the person must practise in remote and
                            rural WA for 5 years after being registered; and
                      (c) if the person is not a Fellow of the Royal
                            Australian College of General Practitioners at
                            the time of registration under this section, that
10                          he or she must become such a fellow within
                            2 years of being so registered.
              (3)   The Board may impose such other conditions as it
                    thinks appropriate on the registration of a person under
                    this section, but a condition under this subsection must
15                  not restrict the parts of the State in which the person
                    may practise after the expiration of the 5 years referred
                    to in subsection (2)(b).
              (4)   If a person who is registered under this section satisfies
                    the Board that there is a good reason why he or she
20                  should not be required to comply with the condition
                    imposed by subsection (2)(b) or (c) the Board may vary
                    that condition as the Board thinks appropriate.
              (5)   If the Board is satisfied that a person registered under
                    this section has failed to comply with a condition
25                  imposed by subsection (2) the Board may, without an
                    inquiry, remove the name of the person from the
                    register.
              (6)   Subject to subsection (5) and sections 10(5), 13, 13A
                    and 16A(2), the Board shall not remove the name of a
30                  person registered under this section from the register or
                    suspend the registration of a person so registered after
                    the person has complied with the conditions imposed
                    by subsection (2)(b) and (c).


     page 4
                                                     Medical Amendment Bill 2000



                                                                                s. 9



                 (7)    In this section --
                        "practise as a general practitioner" means practise as
                             a medical practitioner engaged in primary,
                             continuing, comprehensive, whole-patient care of
5                            individuals, families and their community;
                        "remote and rural WA" means any part of the State,
                             outside the Perth metropolitan area, determined by
                             the Minister to be remote and rural WA for the
                             purposes of this section.
10                                                                                ".

     9.          Section 12B amended
                 Section 12B(1) and (4) are amended by deleting "or 11AF(1)"
                 and inserting instead --
                 "     , 11AF(1) or 11AG   ".

15   10.         Transfer of certain existing registrations
           (1)   On the commencement of this section the Board is to register
                 under section 11AG all eligible persons.
           (2)   For the purpose of calculating any period of time in relation to a
                 condition imposed by section 11AG(2), an eligible person is
20               taken to have been registered under section 11AG on the day on
                 which the State Interview Panel assessed the person as being
                 suitable to be a general practitioner in remote and rural WA.
           (3)   In this section --
                 "eligible person" means a person --
25                    (a) who is registered as a medical practitioner under
                             section 11AF;
                      (b) who was so registered on or after 26 April 1999 but
                             before the commencement of this Act; and




                                                                            page 5
     Medical Amendment Bill 2000



     s. 10



                  (c)   who has been assessed by the State Interview Panel
                        as being suitable to be a general practitioner in
                        remote and rural WA;
              "remote and rural WA" has the same meaning as in
5                 section 11AG;
              "section" means a section of the Medical Act 1894;
              "State Interview Panel" means the panel established by the
                  Western Australian Centre for Remote and Rural Medicine
                  for the purposes of assessing, and advising the Board as to,
10                the suitability of overseas trained persons to be general
                  practitioners in remote and rural WA.




 


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