The Medical Board established under the repealed acts shall be dissolved on the date of the first appointment of the members of the Board established under this law and its members shall be removed from office accordingly. 34; "Minister" - the Secretary for Health and Home Affairs or other Minister of the Crown, for the time being, charged with the administration of this law. A person who has reached the age of 70 years is not entitled to be appointed as a member of the Board.
Subject to this Act, every member of the Council other than the Director General is appointed by the Governor in Council by notification published in the Government Gazette for a period of five years and shall be eligible for re-appointment. Governor in Council may appoint a person who need not be qualified as herein prescribed to be the president of the Council:. A person may be a member of such a committee, regardless of whether he is a member of the Council or not.
The person presiding at each meeting of the Board shall have a decisive and consultative vote. No business shall be transacted at any meeting of the Board unless at least four of the members are present on the occasion. All powers vested in the Board may be exercised by a majority of the members present at any meeting duly held, and all matters shall be decided by a majority and open vote.
A reference as prescribed to the registration of the relevant specialist as a medical practitioner; and. d) Such other details as may be prescribed.
Except as provided by this subsection, a person shall not be registered as a physician pursuant to a certificate under this section or any renewal of such certificate. The branches of medicine specified in regulations made for the purposes of paragraph (a) of section 19 (3) shall be deemed to be specialties in respect of which a duly qualified medical practitioner may be registered. The Board may, on application on behalf of a specialist, direct the registrar to delete the name of that specialist from the Queensland Register of Specialists, but such deletion shall not affect the registration as a medical practitioner of the applicant therefor. .
This annual license fee (including in the case of a specialist the additional annual prescribed license fee) shall be paid to the Board by the relevant physician within the period from the first day of January to and including the thirtieth day of April each year. Any doctor or specialist who obtains any degree, diploma or higher status, or any qualification other than the qualification for which he is registered, is entitled to have an additional degree, diploma, status or qualification entered in the appropriate register for application to the Board and payment of the prescribed fee. The Registrar shall forthwith strike off or suspend from the register the name of any medical practitioner or specialist whose registration is ordered or directed to be struck off or suspended by the Tribunal or the Board.
Every district registrar of deaths in Queensla.I).d on the registration of the death of any physician or specialist shall forthwith transmit the notice to the registrar. The Governor in Council shall notify in the Gazette the name of the Judge who shall constitute the Tribunal and the names of the assessors appointed as aforesaid. A doctor who does not respect these rules will be guilty of professional misconduct.
Under this Act, the Board may refer to a court for investigation and determination any question relating to the conduct or qualifications of any medical practitioner (including any specialist) which, in the opinion of the Board, requires an inquiry in the public interest. . For purposes of the hearing, any such reference shall be deemed a charge to the Board. 37A 35 Provided that the tribunal does not order the name of any medical practitioner (including any specialist) to be struck off the register under paragraph (i) or paragraph (ii) of this subsection, except in relation to the revocation or cancellation of a qualification or deregistration which, if it had occurred in Queensland, would have been an adequate reason to strike the name of the practitioner concerned from the register.
I) When the Council has an opinion after investigation. (a) That a doctor has been guilty of any professional misconduct or of any other charge which may be brought against that doctor before the Tribunal under this Act; And. The Board and the physician involved may agree in writing to waive the foregoing requirements of this subsection, and the Board may deal with the physician without regard to this subsection. to order that his registration as a doctor be suspended for the period to be determined therein; or. iii).
Further, if the order does not provide that the registration is suspended due to improper payment of the fine, then the Board may, if the fine is not properly paid, apply to the Court for an order suspending the registration of the doctor in question. , and the court may issue an order suspending his registration for such period as it thinks fit. The provisions of the third and fourth paragraphs of this article shall apply mutatis mutandis and be extended with respect to the suspension of the registration of a physician ordered under this subsection.
Every order, judgment or other ruling of the Tribunal shall be signed by the judge constituting the Tribunal and shall be preceded by a statement of the Tribunal's findings on the facts of the case and shall be filed with the Tribunal. the Registrar of the Council (who shall be for all purposes the Registrar of the Tribunal) and shall then be deemed to have served on the Council. If he is not a doctor, he is expected to pretend to be a doctor; or. 1) Every physician shall have the right to institute proceedings in any court of competent jurisdiction for the recovery of costs or compensation for any medical or surgical advice, service, attendance, treatment or operation rendered or performed by him.
48 43 If, with respect to the professional services to which the account relates, the Council, upon such investigation, determines that the amount charged to the account-. a) If this is not excessive compensation or remuneration, the Board of Directors will certify this finding; or. The time spent and the nature of the medical or surgical advice, service, attendance, treatment or surgery provided or performed; The distance between the doctor's consultation room or home and the place where he provided or performed the advice, service, care, treatment or operation;
Any undertaking, arrangement or condition by which any person agrees to waive his right to have a doctor's or specialist's account examined by the council, or by which any person agrees to pay a doctor or specialist any amount in excess of an amount found to be a fair and reasonable charge or payment upon review by the Board shall be absolutely void and of no effect whatsoever. The certificate of the Board or, as the case may be, of the Tribunal, shall be admissible in evidence in any proceeding for the recovery of a charge or payment to which the account referred to in the certificate relates, and shall be conclusive evidence that the amount certified and nothing more is not lawfully paid for professional the services of the doctor or specialist to which the invoice for which it is confirmed relates. The fact that such certificate issued by a physician does not comply with this section shall not affect the validity of the certificate.
In any proceeding by or on behalf of the Board under this Act, it shall not be necessary to prove the appointment of the members, president or registrar of the Board. Where any notice or other document or writing is required or permitted by this Act to be sent by post, then for the purpose of such post, a letter shall be properly addressed if it is addressed to the person's last known residence. to be served. Any person guilty of any violation or noncompliance with any provision of this Act, for which no other penalty is provided or any requirement of the Board made under this Act, shall be liable to a fine not exceeding $1,000.
34;physician" shall be construed as referring to the physician who provides or performs medical or surgical advice, service, guidance, treatment or surgery on behalf of the medical company. In the case of a physician who issues a certificate referred to in Article 51 on behalf of a medical company, it is sufficient to comply with that article if the certificate states in legible letters the name of the medical company, the address of a place where the business is carried out and is signed by the Council. by section 16, to make articles of association, includes the power to make articles of association containing a description referred to in paragraph (ix) of article 16(1), in relation to medical corporations and for that purpose the paragraph shall be construed as if the expression "medical company" appears therein instead of the expression "physician".
INDEX
MEDICAL ACT 1939-1981
Governor in Council - power to make regulations, reference to court with power to make rules.
