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Medical Radiation Science Professionals Registration Act 2000
An Act to provide for the registration and regulation of medical radiation science professionals, to repeal the Radiographers Registration Act 1971 and for related purposes
[Royal Assent 14 November 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Medical Radiation Science Professionals Registration Act 2000 .
This Act commences on a day to be proclaimed.
In this Act, unless the contrary intention appears –applicant means a person who submits an application to the Board;application means an application to be registered as a practitioner;approved means approved by the Board;Board means the Medical Radiation Science Professionals Registration Board of Tasmania;business address means the address of the principal premises at or from which a person practises;certificate of registration means a certificate issued by the Board under section 28 or 35 ;chairperson means the chairperson of the Board;committee means a committee established by the Board under section 11 ;committee of inquiry means a committee that conducts an inquiry;complaint means a complaint made under section 40 ;contravene includes fail to comply;defendant means a registered practitioner who is the subject of an investigation;disciplinary committee means a committee that conducts an investigation;financial year means the 12 month period ending on 30 June in any year;foreign practitioners law means a law of a jurisdiction outside this State relating to the registration, licensing or enrolment of medical radiation science professionals;functions includes duties;inquiry means an inquiry under Division 2 of Part 3 ;inspection means an inspection under section 54 ;interim certificate of registration means an interim certificate of registration issued by the Registrar under section 22 ;investigation means an investigation under Division 2 of Part 4 ;medical radiation science means ionising radiation science as applied to the field of medicine;member means a member of the Board, including the chairperson;notice means notice in writing;practise means, as the context requires, practise medical radiation science as a –(a) radiation therapist; or(b) diagnostic radiographer; or(c) nuclear medicine technologist;practitioner means a person who practises;practitioners registration authority means a body established under the law of another State or of a Territory and having functions similar to the functions of the Board;register means, as the context requires, the Register of Radiation Therapists, the Register of Diagnostic Radiographers or the Register of Nuclear Medicine Technologists kept by the Board under section 30 ;registered means registered under this Act;registered practitioner means a person who is registered as a practitioner;Registrar means the Registrar of the Board;report includes publish;Secretary means the Secretary of the Department;specified means specified in writing by the Board.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
PART 2 - Medical Radiation Science Professionals Registration Board
Division 1 - The Board
(1) The body corporate established under section 3 of the Radiographers Registration Act 1971 continues under the name "Medical Radiation Science Professionals Registration Board of Tasmania".(2) The Board –(a) has perpetual succession; and(b) may acquire, hold, dispose of and otherwise deal with property; and(c) may sue and be sued in its corporate name.
(1) The Board consists of –(a) 3 practitioners, one being a registered radiation therapist, one being a registered diagnostic radiographer and one being a registered nuclear medicine technologist, nominated by the Minister from a list of names submitted by such bodies representing the professional interests of practitioners as the Minister determines; and(b) 2 persons, who are not practitioners or registered medical practitioners, nominated by the Minister to represent the interests of the consumers of the services that medical radiation science professionals provide.(2) The members are appointed by the Governor.(3) The Governor may appoint a member as chairperson.(4) The Minister may request any of the bodies referred to in subsection (1)(a) to provide the Minister with a list of names for the purposes of that subsection.(5) If the body or bodies fail to provide the Minister with that list within such period of not less than 2 months as is specified in the request, the Minister may nominate persons for the purposes of that subsection without further reference to that body or, if applicable, those bodies.(6) Schedule 1 has effect in relation to membership of the Board.(7) Schedule 2 has effect in relation to meetings of the Board.
Division 2 - Functions, powers and objectives
The Board has the following functions:(a) to administer the scheme of registration under Part 3 ;(b) to investigate complaints and, as necessary, undertake disciplinary action against registered practitioners;(c) to prosecute offences against this Act;(d) to monitor the standard and provision of medical radiation science services in this State;(e) to monitor standards of education and training in medical radiation science;(f) to advise the Minister on matters relating to this Act;(g) such other functions as are imposed on the Board by this or any other Act or as may be prescribed.
The Board has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, has power to –(a) share information with practitioners registration authorities and other relevant bodies; and(b) publish and distribute information about this Act to practitioners and other interested persons; and(c) provide or arrange for the provision of continuing professional education for practitioners; and(d) support other forms of education and training in relation to medical radiation science and procedures; and(e) be a member of any national or other body, program or forum concerned with medical radiation science professionals or medical radiation science; and(f) participate in the establishment of any such body, program or forum; and(g) hold or arrange examinations; and(h) do anything incidental to any of its powers.
The Board must perform its functions and exercise its powers so as to –(a) ensure that the services medical radiation science professionals provide to the public are of the highest possible standard; and(b) ensure that medical radiation science professionals practise according to the highest professional standard; and(c) guard against unsafe, incompetent and unethical practices on the part of medical radiation science professionals.
The Board may delegate any of its functions or powers, other than this power of delegation, to a member of the Board, the Registrar or a committee.
Division 3 - Miscellaneous
(1) The Board may establish such committees as it considers necessary for the purposes of assisting it in the performance of any of its functions or the exercise of any of its powers or advising it on any matter relating to this Act.(2) Except as otherwise provided in this Act –(a) a committee comprises such persons as the Board appoints; and(b) a member of the Board may be a member of a committee.(3) Subject to subsection (4) , a member of a committee is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Board may from time to time determine and any such remuneration is to be paid by the Board.(4) A member of a committee who is a State Service officer or State Service employee is not entitled to remuneration under subsection (3) except with the approval of the Minister administering that Act.(5) The Board may give written directions to a committee and the committee must comply with those directions.(6) A committee must keep accurate minutes of its proceedings.(7) Except as otherwise provided in this Act, a committee may regulate its own proceedings.
(1) The Board may employ such persons as may be necessary for the performance of its functions and the exercise of its powers.(2) . . . . . . . .(3) The State Service Act 2000 does not apply to employees of the Board.
(1) The Board must appoint a Registrar.(2) The Registrar may be –(a) an employee of the Board; or(b) an independent contractor to the Board; or(c) a person whose services are made available to the Board pursuant to an arrangement under section 13 .(3) The Registrar is to act as secretary to the Board.
13. Use by Board of services of persons
(1) The Board may arrange with the Head of a State Service Agency for the services of State Service officers and State Service employees employed in that Agency to be made available to the Board.(2) The Board may arrange with any other person for the services of persons employed by the person to be made available to the Board.(3) The cost of making a person's services available to the Board in accordance with this section is to be met by the Board.
(1) A person engaged in the administration of this Act does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for that purpose.(2) A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint.
Division 4 - Finance and reports
(1) The Board is to keep such authorised deposit-taking institution accounts as it considers necessary.(2) The funds of the Board are to be paid to the credit of such of the accounts referred to in subsection (1) as the Board determines and are to consist of –(a) money received by way of fees, fines, penalties and charges paid to or recovered by the Board; and(b) any money borrowed by the Board; and(c) any money received by the Board from other sources.(3) The funds of the Board are to be applied –(a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Board in the performance of its functions and the exercise of its powers; and(b) in the payment of any remuneration payable by the Board.(4) The Board may invest any money that it is holding in any manner in which a trustee is authorised by law to invest trust funds.
(1) The accounts and records of the Board are subject to the Audit Act 2008 .(2) The Board must pay into the Consolidated Fund such amounts as the Treasurer may require towards the reasonable costs and expenses of audits conducted pursuant to this section.
The Board must keep proper accounts and records of its financial affairs and, not later than 15 August after the end of each financial year, prepare a statement of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the Board for that financial year.
(1) The Board must, not later than 31 August after the end of each financial year, give the Minister a report on its operations for that financial year.(2) The report is to incorporate the audited statement of accounts prepared for the relevant financial year under section 17 .(3) The Minister may, in writing, direct the Board to prepare the report in a particular way or to include particular information in the report.(4) The report may be appended to the annual report of the Department.(5) Subsection (4) has effect notwithstanding section 36(3) of the State Service Act 2000 and section 27(2) of the Financial Management and Audit Act 1990 .(6) If the Board's report is not appended to the annual report of the Department, the Minister must cause the Board's report to be laid before each House of Parliament by not later than 31 October after the end of the financial year to which it relates.
PART 3 - Registration
Division 1 - Applying for registration
19. Who may apply for registration?
(1) A person may apply to the Board to be registered as a radiation therapist if –(a) the person has –(i) a qualification in radiation therapy that is approved by, or gained from an institution that is accredited by, a national body or forum that is prescribed for the purposes of this subsection; or(ii) passed a qualifying examination in radiation therapy held by that national body or forum; and(b) unless the Board is satisfied that the person has received adequate clinical training in the course of gaining that qualification or preparing for that examination, he or she has completed an approved program of supervised clinical training in radiation therapy to the satisfaction of the Board.(2) A person may apply to the Board to be registered as a diagnostic radiographer if –(a) the person has –(i) a qualification in diagnostic radiography that is approved by, or gained from an institution that is accredited by, a national body or forum that is prescribed for the purposes of this subsection; or(ii) passed a qualifying examination in diagnostic radiography held by that national body or forum; and(b) unless the Board is satisfied that the person has received adequate clinical training in the course of gaining that qualification or preparing for that examination, he or she has completed an approved program of supervised clinical training in diagnostic radiography to the satisfaction of the Board.(3) A person may apply to the Board to be registered as a nuclear medicine technologist if –(a) the person has –(i) a qualification in nuclear medicine technology that is approved by, or gained from an institution that is accredited by, a national body or forum that is prescribed for the purposes of this subsection; or(ii) passed a qualifying examination in nuclear medicine technology held by that national body or forum; and(b) unless the Board is satisfied that the person has received adequate clinical training in the course of gaining that qualification or preparing for that examination, he or she has completed an approved program of supervised clinical training in nuclear medicine to the satisfaction of the Board.(4) For the purposes of this section, a person may be taken to have gained a qualification from an institution if the person has successfully completed the required studies and training, if any, even though the qualification may not have been formally awarded or conferred.
(1) An application is to be –(a) in a form approved by the Board; and(b) lodged with the Registrar; and(c) accompanied by the prescribed application fee and annual registration fee; and(d) accompanied by such information or evidence as the Board requires.(2) The Board may require an applicant to provide such further information or evidence as it considers necessary in order to consider the application.(3) The Board may waive all or part of the fees.
Division 2 - Determination of entitlement
21. Entitlement to registration
(1) Subject to subsection (2) , an applicant is entitled to be registered as a practitioner if the Board is satisfied that the applicant –(a) is eligible to apply for registration; and(b) has sufficient physical capacity, mental capacity and skill to practise; and(c) is of good fame and character; and(d) has an adequate command of the English language; and(e) is an Australian citizen or resides in a State or Territory of the Commonwealth.(2) The Board may determine that an applicant is not entitled to be registered if it is not satisfied that the applicant, when practising, will have adequate professional indemnification arrangements.
(1) The Registrar may grant an applicant interim registration if the Registrar reasonably considers that the applicant is entitled to be registered as a practitioner but that it is not practicable to wait until the Board can consider the application.(2) Interim registration may be granted unconditionally or subject to conditions.(3) The Registrar must issue an interim certificate of registration to a person who is granted interim registration.(4) The interim certificate of registration is to be in such form, and contain such information, as the Registrar determines.(5) A person to whom interim registration is granted is taken to be a registered practitioner for the period during which the interim registration is in force subject to the conditions, if any, determined by the Registrar and specified in the interim certificate of registration.(6) The Board may cancel a person's interim registration for any reason it considers sufficient.(7) If the Board decides to cancel a person's interim registration it must immediately give the person notice of its decision and the reasons for its decision.(8) An interim registration is in force from the date on which it is granted until the date on which the person to whom it has been granted is given notice by the Board that it has –(a) registered the person; or(b) refused to register the person; or(c) cancelled the person's interim registration.
(1) The Board may hold an inquiry to determine the entitlement of an applicant to be registered.(2) Unless the Board decides otherwise, an inquiry is to be conducted by a committee established pursuant to section 11 and constituted by not less than 3 persons at least 2 of whom are to be –(a) registered radiation therapists if the applicant is seeking registration as a radiation therapist; or(b) registered diagnostic radiographers if the applicant is seeking registration as a diagnostic radiographer; or(c) registered nuclear medicine technologists if the applicant is seeking registration as a nuclear medicine technologist.(3) A committee established for the purposes of this section is called a committee of inquiry.(4) Schedule 3 has effect in relation to the powers and procedures of committees of inquiry.(5) If the Board decides to conduct an inquiry itself, it has, for that purpose, the same powers and functions as a committee of inquiry.(6) In a case to which this section applies, the Registrar must give the applicant and the Secretary notice of –(a) the reasons for holding the inquiry; and(b) the date, time and place set for the hearing of the inquiry.(7) A notice under subsection (6) given to an applicant is to inform the applicant of the applicant's right to be represented in the inquiry.(8) A notice under subsection (6) is to be given to the applicant at least 14 days before the date, or the first date, set for the hearing of the inquiry.
24. Recommendation of committee of inquiry
(1) After conducting an inquiry, a committee of inquiry must give the Board a written report containing –(a) a recommendation as to whether the applicant is entitled to be registered as a practitioner and, if so, whether the registration should be unconditional or subject to conditions; and(b) if the committee recommends that the applicant is entitled to be registered subject to conditions, a further recommendation as to what those conditions should be.(2) A report under subsection (1) is also to –(a) contain any findings on questions of fact and the evidence or other material on which the findings are based; and(b) set out the reasons for any recommendation.
Division 3 - Grant or refusal of registration
25. Determination of application
(1) In this section,agreed period means a period agreed upon by the Board and the applicant for the purposes of this section.(2) If the Board is satisfied that an applicant is entitled to be registered it must register the applicant and it may do so unconditionally or subject to conditions.(3) In a case to which subsection (2) applies, the Board must give the applicant notice of –(a) the applicant's registration; and(b) if applicable, the conditions that the registration is subject to and the applicant's rights of appeal and review in relation to those conditions.(4) If the Board is not satisfied that an applicant is entitled to be registered it must refuse to register the applicant.(5) If the Board does not register an applicant within a period of 3 months or a further agreed period after his or her application is lodged the Board is taken to have refused to register the applicant.(6) In a case to which subsection (4) or (5) applies, the Board must –(a) give the applicant notice of the refusal to register, the reasons for the refusal and the applicant's right of appeal; and(b) refund the annual registration fee that accompanied the application.
26. Special grounds for refusing to grant registration
Without limiting the matters that the Board may have regard to under section 21(1)(b) or (c) , the Board may determine that an applicant is not entitled to be registered as a practitioner if –(a) the applicant's authority to practise under a foreign practitioners law has been cancelled or suspended for a reason relating to the person's professional conduct or physical or mental capacity; or(b) the applicant has been convicted in Tasmania or elsewhere of a crime or an offence of a kind that, in the Board's opinion, makes it not in the public interest to allow the applicant to practise; or(c) the Board considers it is not in the public interest to grant the application because of the applicant's habitual taking of alcohol or drugs.
27. Review of registration conditions
(1) A person may, at intervals of not less than 12 months each, apply to the Board to review a condition that the person's registration has been made subject to under section 25(2) .(2) A person's right under subsection (1) is in addition to the person's right of appeal under section 55(1)(b) .(3) The Board, on its own motion, may at any time review a condition that a person's registration has been made subject to under section 25(2) .(4) After it has reviewed a condition of registration under this section, the Board may –(a) leave the condition in place; or(b) remove the condition; or(c) modify the condition so as to make it less onerous.(5) As soon as practicable after it has reviewed a condition of registration under this section, the Board must give the registered person notice of the outcome of the review.
28. Certificates of registration
(1) The Board must issue a certificate of registration to a person who is granted registration.(2) A certificate of registration is to –(a) be in such form and contain such information as the Board determines; and(b) specify the conditions, if any, that the registration is subject to.(3) A certificate of registration is evidence that, for the period or until the date specified in the certificate –(a) the person named in the certificate is a registered practitioner; and(b) the person named in the certificate is entitled to practise in this State subject to the conditions, if any, specified in the certificate.(4) If the Board is satisfied that a certificate of registration has been lost or destroyed it may issue a replacement certificate, marked as such, on payment of the prescribed fee.(5) The Board, by notice, may require a registered practitioner to surrender his or her certificate of registration to enable the Board to issue the practitioner with a new certificate of registration with amended particulars.(6) A registered practitioner who is given a notice under subsection (5) must surrender his or her certificate of registration to the Board within 14 days after being given the notice or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units.
29. Offences in relation to certificates of registration
A person who is issued with a certificate of registration or an interim certificate of registration must not –(a) lend or agree to lend the certificate to another person; or(b) allow the certificate to be used by another person.Penalty: Fine not exceeding 25 penalty units.
Division 4 - Registers of practitioners
(1) The Board must keep 3 registers of practitioners: one called the Register of Radiation Therapists, one called the Register of Diagnostic Radiographers and one called the Register of Nuclear Medicine Technologists.(2) The Board must record the following information in the relevant register in relation to each person who is granted registration:(a) the person's full name;(b) the person's business or contact address;(c) the person's qualifications;(d) the date of the person's registration;(e) any conditions that the person's registration has been made subject to under section 25(2) and any modification of those conditions.(3) The Board must also record the following matters in the relevant register:(a) the renewal of a person's registration;(b) the suspension of a person's registration;(c) any conditions that a person's registration has been made subject to under section 48(1)(d) and any modification of those conditions;(d) the removal from the register of a person's name;(e) the restoration to the register of a person's name;(f) any change in the name of a registered person;(g) any change in the business or contact address of a registered person.(4) The relevant register may contain such other information as the Board considers necessary or appropriate.(5) A registered practitioner, or a practitioner whose registration is suspended, must, within 14 days of changing his or her name, business address or contact address, give the Board notice of the change and the new name or address.Penalty: Fine not exceeding 15 penalty units.
(1) A registered practitioner may apply to the Board to have an inaccurate or erroneous entry in a register corrected and, if the Board is satisfied that the entry is inaccurate or erroneous, it must correct that register accordingly.(2) No fee is payable for the application.(3) The Board may require the applicant to provide such further information or evidence as it considers necessary in order to consider the application.
(1) A person may, on payment of the prescribed fee, inspect any register at the office of the Board.(2) A person inspecting a register may, on payment of the prescribed fee, obtain a copy of or extract from that register.(3) The Board may waive all or part of the fee.
33. Publication of registers, &c.
(1) The Board may publish in the Gazette –(a) a copy of a register or part of a register; or(b) a notice of the grant of registration to any person including any conditions imposed on the registration, and any modification of those conditions; or(c) a notice of the removal from a register of the name of any person; or(d) a notice of the restoration to a register of the name of any person; or(e) a notice of the suspension of the registration of any person; or(f) a notice of any disciplinary action taken under section 48 in relation to a registered practitioner.(2) The Board may provide a person with a copy of a notice referred to in subsection (1) on payment of the prescribed fee.(3) The Board may waive all or part of the fee.
34. Protection of private information
Notwithstanding sections 32 and 33 –(a) a register made available for public inspection need not include the information, or all of the information, referred to in section 30(4) ; and(b) a copy of a register or part of a register published in the Gazette need not include the information, or all of the information, referred to in section 30(4) ; and(c) if the Board records a person's private address in a register, that address is not to appear in that register as made available for public inspection or be published in the Gazette without the person's consent.
(1) In this section –due date means –(a) 31 December; or(b) if another date is prescribed, that date;registered practitioner includes a person whose registration is suspended.(2) A registered practitioner must, on or before the due date in each year –(a) pay the Board the prescribed annual registration fee; and(b) provide the Board with any information it may require regarding the practitioner's professional indemnification arrangements or any other matter that is relevant to the practitioner's registration.(3) A registered practitioner who pays the prescribed annual registration fee after but within 30 days after the due date must pay the prescribed late fee.(4) The Board may waive the payment of all or part of the annual registration fee or late fee.(5) Subject to subsections (6) and (7) , the Board must immediately issue a new certificate of registration to each registered practitioner who, in any year –(a) pays the prescribed annual registration fee on or before the due date; or(b) pays the prescribed annual registration fee and late fee after but within 30 days of the due date.(6) The Board may refuse to issue the new certificate of registration if it is not satisfied that the registered practitioner –(a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) ; or(b) has adequate professional indemnification arrangements.(7) The Board must not issue the new certificate of registration in the case of a registered practitioner who has not actively practised in the 5 year period immediately preceding the due date unless it is satisfied that the person –(a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) ; and(b) would, if applying to be registered for the first time, be eligible to apply for that registration.(8) The name of a registered practitioner who in any year fails to pay the prescribed annual registration fee on or before the due date, or the prescribed annual registration fee and late fee within 30 days after the due date, is to be removed from the relevant register in accordance with section 36 .(9) The name of a registered practitioner who is refused the issue of a new certificate of registration pursuant to subsection (6) or (7) is to be removed from the relevant register in accordance with section 36 .(10) In a case to which subsection (9) applies, the Board must refund the annual registration fee and, if applicable, late fee.(11) For the purposes of this section, other than subsection (10) , a person whose obligation to pay a fee has been wholly or partially waived is taken to have paid that fee.
(1) Subject to subsection (2) –(a) the Board may remove from a register the name of a person who –(i) contravenes a condition of his or her registration; or(ii) fails to pay, within the time specified for payment, a fine imposed on the person under section 48(1)(c) ; or(iii) fails to comply with a requirement made of the person under section 48(1)(e) ; or(iv) fails to honour an undertaking given to the Board; and(b) the Board must remove from a register the name of a person –(i) who dies; or(ii) who requests the Board to remove his or her name from that register; or(iii) in relation to whom a decision under section 48(1)(a) has taken effect; or(iv) who ceases to be registered by virtue of section 35(8) ; or(v) who ceases to be registered by virtue of section 35(9) ; or(vi) who is no longer entitled to be registered; or(vii) whose authority to practise under a foreign practitioners law has been cancelled for a reason relating to the person's professional conduct or physical or mental capacity; or(viii) who has been registered by reason of a false or misleading statement or declaration.(2) The Board must not remove a person's name from a register under subsection (1)(a) or (1)(b)(vi) , (vii) or (viii) without first affording the person a reasonable opportunity to be heard.(3) If the Board removes a living person's name from a register it must, except in a case to which subsection (1)(b)(iii) applies, immediately give the person notice of the removal.(4) The notice is –(a) except in a case to which subsection (1)(b)(ii) applies, to specify the reasons for the removal; and(b) except in a case to which subsection (1)(b)(ii) , (iii) or (iv) applies, to inform the person of his or her right of appeal.(5) A person ceases to be a registered practitioner when the giving of the notice has been effected.(6) If the Board removes a living person's name from a register it may require that a specified period must elapse or that a specified condition must be fulfilled before the person may apply for registration.
37. Deregistered person must surrender certificate
A person who is given notice by the Board that his or her name has been removed from a register must surrender his or her certificate of registration to the Board within 7 days after being given the notice or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues.
38. Restoring name on register
(1) Subject to this section, on payment of the prescribed restoration fee and annual registration fee the Board must restore a person's name to a register if –(a) the person previously requested the removal of his or her name from the register under section 36(1)(b)(ii) and requests that his or her name be restored to the register; or(b) the person has had his or her name removed from the register under section 36(1)(b)(iv) .(2) The Board may waive all or part of the fees.(3) The Board may refuse to restore a person's name to a register if it is not satisfied that the person –(a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) ; or(b) has adequate professional indemnification arrangements.(4) If the Board refuses to restore a person's name to a register it must, as soon as practicable, give the person notice of –(a) the refusal and the reasons for the refusal; and(b) the person's right of appeal.(5) If the Board restores a person's name to the register it must, on request, issue the person with a new certificate of registration.
(1) A copy of an entry in a register purporting to be signed by the Registrar is evidence that the entry was duly made.(2) A certificate purporting to be signed by the Registrar and stating any one or more of the following matters is evidence of the matters stated:(a) a person specified in the certificate was or was not a registered practitioner on a date or during a period specified in the certificate;(b) the registration of a person specified in the certificate was subject to a condition specified in the certificate on a date or for a period specified in the certificate;(c) the registration of a person specified in the certificate was totally or partially suspended on a date or for a period specified in the certificate;(d) the name of a person specified in the certificate was removed from a register on a date or for a period specified in the certificate.
PART 4 - Discipline
Division 1 - Complaints
(1) A person who is aggrieved by the conduct of a registered practitioner may complain to the Board.(2) A complaint may be made and dealt with under this Part even though the person who is the subject of the complaint has ceased to be a registered practitioner and, for that purpose, a reference in this Act to a registered practitioner includes a reference to a person who has ceased to be registered or whose registration is suspended.(3) A complaint may be made and dealt with under this Part even though the registration of the person who is the subject of the complaint was suspended at the time of the matter complained of.
41. Specific matters of complaint
(1) Without limiting the matters about which a complaint may be made, a person may complain that a registered practitioner –(a) has been registered by reason of a false or misleading statement or declaration; or(b) no longer holds, or is no longer entitled to hold, a qualification by reason of which the practitioner was registered; or(c) lacks sufficient physical capacity, mental capacity or skill to practise; or(d) is not entitled on other grounds to be registered; or(e) is guilty of professional misconduct.(2) Without limiting the matters that may constitute professional misconduct, a registered practitioner is guilty of such misconduct if the practitioner –(a) contravenes section 29 or section 54(4) or Part 6 , or a provision of the regulations that is prescribed as a disciplinary regulation; or(b) contravenes a foreign practitioners law; or(c) contravenes a condition of his or her registration; or(d) fails to pay, within the time specified for payment, a fine imposed on the practitioner under section 48(1)(c) ; or(e) fails to comply with a requirement made of the practitioner under section 48(1)(e) ; or(f) fails to honour an undertaking given to the Board; or(g) is negligent or incompetent as a practitioner; or(h) behaves in a fraudulent or dishonest manner as a practitioner.
(1) A complaint is to –(a) be made in writing; and(b) contain particulars of the matter complained of; and(c) identify, if possible, the registered practitioner against whom the complaint is being made or set out such information relating to the identity of that registered practitioner as is known to the complainant; and(d) identify the complainant; and(e) be lodged with the Registrar.(2) The Registrar must ensure that a person who wishes to make a complaint is given such reasonable assistance as is necessary to enable the person to make the complaint in accordance with this section.(3) On receipt of a complaint, the Registrar must –(a) make a record of the date on which the complaint was received; and(b) place the complaint before the Board without undue delay.(4) The Board may require the complainant to provide further particulars of the complaint.
Division 2 - Investigation of complaints
43. Division is subject to Health Complaints Act
This Division has effect subject to Part 7 of the Health Complaints Act 1995 .
(1) Subject to sections 45 and 46 , the Board must investigate each complaint made to it.(2) The Board, on its own motion, may investigate any matter that could be grounds for a complaint and section 40(2) and (3) applies to such an investigation as if it were a complaint.(3) On commencing an investigation into a complaint, or at any subsequent time during the investigation, the Board may give notice of the complaint, and such other matters as the Board considers appropriate, to the registered practitioner who is the subject of the complaint.(4) An investigation is to be conducted by a committee established pursuant to section 11 and constituted by not less than 3 persons, a majority of whom are to be –(a) registered radiation therapists if the investigation concerns a radiation therapist; or(b) registered diagnostic radiographers if the investigation concerns a diagnostic radiographer; or(c) registered nuclear medicine technologists if the investigation concerns a nuclear medicine technologist.(5) A committee established for the purposes of this section is called a disciplinary committee.(6) Schedule 3 has effect in relation to the powers and procedures of disciplinary committees.
45. Frivolous, vexatious and unsubstantial complaints to be dismissed
If the Board considers that a complaint is frivolous or vexatious or that the matter complained of is unsubstantial it must dismiss the complaint.
46. Procedure for less serious complaints
(1) In this section,matter means –(a) a matter giving rise to a complaint against a practitioner; or(b) a matter that the Board considers could be grounds for a complaint against a practitioner.(2) If the Board considers that a matter may not be sufficiently serious to warrant investigation, it may, by notice, require the practitioner concerned to –(a) appear before it to give an explanation; or(b) provide it with a written explanation.(3) If the matter relates to the physical or mental capacity of the practitioner, the Board may further require the practitioner to have a medical examination on the same terms as a medical examination required by a disciplinary committee.(4) In determining whether to require a personal appearance or a written explanation, the Board may have regard to the complexity of the matter, travelling hardship and such other factors as it considers appropriate.(5) A notice under subsection (2)(a) is to –(a) set out particulars of the matter; and(b) specify the date, time and place at which the practitioner is required to appear; and(c) inform the practitioner that, before that date, he or she may request in writing that the matter be referred directly to a disciplinary committee; and(d) inform the practitioner of the other circumstances in which the matter may be referred to a disciplinary committee; and(e) state that the appearance before the Board is not open to the public; and(f) state that the practitioner is entitled to make submissions when appearing before the Board but is not entitled to be represented.(6) A notice under subsection (2)(b) is to –(a) set out particulars of the matter; and(b) specify a date by which the practitioner is required to provide the Board with the written explanation; and(c) inform the practitioner that, before that date, he or she may request in writing that the matter be referred to a disciplinary committee; and(d) inform the practitioner of the other circumstances in which the matter may be referred directly to a disciplinary committee.(7) A notice may contain such other information as the Board considers necessary or expedient.(8) The date specified under subsection (5)(b) or subsection (6)(b) is to be not less than 14 days after the date of giving the notice.(9) The Board must not take any further action in relation to a matter if, after considering the explanation of the practitioner concerned, it is not satisfied that the matter has been substantiated.(10) If, after considering an explanation given to it under this section, the Board is satisfied that a matter has been substantiated but that it is not sufficiently serious to warrant an investigation, the Board may do either or both of the following:(a) caution or reprimand the practitioner;(b) accept an undertaking from the practitioner to take or refrain from taking specified action.(11) The Board must refer a matter to a disciplinary committee if –(a) the practitioner concerned fails to appear before the Board as required by a notice under subsection (2)(a) or, before the date of appearance specified in the notice, requests in writing that the matter be so referred; or(b) the practitioner concerned fails to provide the Board with a written explanation as required by a notice under subsection (2)(b) or, before the date on which the explanation is required to be provided, requests in writing that the matter be so referred; or(c) in the course of giving an explanation of the matter the practitioner concerned requests, orally or in writing, that the matter be so referred; or(d) after or in the course of considering an explanation of the matter the Board determines that the matter is sufficiently serious to warrant an investigation; or(e) in a case to which subsection (10) applies, the practitioner concerned does one or more of the following:(i) disputes that the matter has been substantiated;(ii) refuses to accept the caution or reprimand;(iii) refuses to give, or retracts, the required undertaking.(12) A meeting of the Board convened for the purposes of this section is not open to the public.
47. Recommendation of disciplinary committee
After conducting an investigation, a disciplinary committee must give the Board a written report on the investigation and its findings and recommendations, including any recommendations as to costs.
Division 3 - Action following investigation
48. Actions that may be taken by Board
(1) On receipt of the report referred to in section 47 , the Board, in its discretion, may take any one or more of the following actions:(a) remove the defendant's name from the relevant register;(b) suspend the defendant's registration, totally or partially, for a period not exceeding 12 months;(c) impose on the defendant a fine not exceeding 50 penalty units;(d) impose a condition on the defendant's registration;(e) require the defendant to take or refrain from taking specified action;(f) caution or reprimand the defendant;(g) dismiss the complaint or, in a case to which section 44(2) applies, exonerate the defendant.(2) In the case of an investigation relating to a matter referred to in section 41(1)(b) , the Board must, unless it decides to dismiss the complaint or exonerate the defendant, take at least the action specified in subsection (1)(a) .(3) If the Board decides to impose a fine under subsection (1)(c) , it must specify a period within which the fine is to be paid.(4) If the Board decides to impose a condition on the defendant's registration under subsection (1)(d) it has the same powers in relation to that condition as it has under section 27(3) and (4) in relation to a condition imposed at the time of registration.(5) For the purposes of subsection (1)(e) , but without limiting the generality of that subsection, the Board may require the defendant to do such one or more of the following as may be appropriate in the circumstances:(a) carry out specified work for a specified person, either free of charge or for a specified fee;(b) waive or repay the whole or any part of any fees charged to or paid by a specified person in relation to specified work;(c) be subject to periodic supervision or inspection by a specified person;(d) seek specified advice in relation to the management of his or her practice;(e) carry out specified work or actions in relation to his or her business premises.(6) The Board, as an alternative to taking action under subsection (1)(a) , (b) , (c) , (d) , (e) or (f) , may accept an undertaking from the defendant to take or refrain from taking specified action, either generally or within a specified period of time.
49. Costs and expenses of investigations
(1) The Board may, in addition to exercising powers under section 48 , order the defendant to pay such costs and expenses of or arising from the investigation as the Board thinks fit within such period of time as the Board by the order allows.(2) Subsection (1) does not apply if the Board decides to dismiss the complaint against the defendant or, in a case to which section 44(2) applies, exonerate the defendant.(3) If the Board decides to dismiss the complaint or exonerate the defendant it may, if it considers it fair to do so, pay the costs and expenses or any part of the costs and expenses incurred by the defendant in relation to the investigation.
(1) When the Board has decided what action to take under section 48 , it must give the defendant notice of –(a) the decision and the reasons for the decision; and(b) unless section 48(1)(g) applies, the defendant's right of appeal; and(c) any order as to costs made by the Board under section 49(1) .(2) A decision of the Board under section 48(1)(a) , (b) , (c) , (d) , (e) or (f) does not take effect until –(a) the expiration of the period within which the defendant may lodge an appeal against the decision; or(b) if the defendant lodges an appeal against the decision, the decision is affirmed or varied by the Supreme Court or the appeal is withdrawn.(3) The period referred to in subsection (2)(a) is taken to have commenced when notice of the Board's decision is given to the defendant.(4) If a decision of the Board under section 48(1)(b) takes effect, the defendant ceases –(a) in the case of a total suspension of registration, to be registered until the period of suspension expires; or(b) in the case of a partial suspension of registration, to be entitled to practise in the areas of practice to which the partial suspension applies until the period of suspension expires.(5) If the Board's decision takes effect, it may do any or all of the following:(a) give notice of its decision to such practitioners registration authorities and other bodies as it considers appropriate to notify;(b) give notice of its decision to the Secretary;(c) cause notice of its decision to be published in the Gazette, in any newspaper and in any professional publication related to the practice of medical radiation science;(d) cause notice of its decision to be published in any other way it considers appropriate.
Division 4 - Suspension
51. Suspension of registration
(1) The Board may suspend the registration of a practitioner for such period not exceeding 12 months as the Board in the circumstances considers necessary or appropriate if –(a) the practitioner contravenes a condition of his or her registration; or(b) the practitioner's authority to practise under a foreign practitioners law is suspended for a reason relating to the practitioner's professional conduct or physical or mental capacity; or(c) the practitioner fails to pay, within the time specified for payment, a fine imposed under section 48(1)(c) ; or(d) the practitioner fails to comply with a requirement made of the practitioner under section 48(1)(e) ; or(e) the practitioner fails to honour an undertaking given to the Board; or(f) the Board reasonably considers the suspension necessary for the purposes of investigating a complaint made against the practitioner or investigating on its own motion a matter that could be the subject of a complaint against the practitioner; or(g) the Board reasonably considers that it is in the public interest to suspend the registration.(2) The suspension of registration may be –(a) a total suspension of registration; or(b) a partial suspension of registration, being suspension that applies only in relation to certain areas of the practice of medical radiation science specified by the Board.(3) The power of the Board to suspend a practitioner's registration under this section is in addition to the power of the Board to suspend the practitioner's registration under section 48(1)(b) .(4) If the Board decides to suspend a practitioner's registration under this section it may afford the practitioner an opportunity to be heard but it is not required to do so.(5) If the Board decides to suspend a practitioner's registration under this section it must make an appropriate note of the suspension and the reasons for the suspension in the register and give the practitioner notice of –(a) the suspension and the reasons for the suspension; and(b) in the case of a partial suspension, the areas of practice to which the suspension applies; and(c) the practitioner's right of appeal.(6) When the giving of the notice is effected in the case of a total suspension of registration, the person is taken not to be registered until the period of suspension specified in the notice expires or the Board's decision is quashed by the Supreme Court or the suspension is revoked by the Board.(7) When the giving of the notice is effected in the case of a partial suspension of registration, the practitioner's entitlement to practise medical radiation science in those areas of practice specified under subsection (2)(b) is suspended until the period of suspension specified in the notice expires or the Board's decision is quashed by the Supreme Court or the suspension is revoked by the Board.(8) A practitioner whose registration has been suspended must, if directed in writing to do so by the Board, return his or her certificate of registration to the Board within 7 days after being given that direction or within such longer period as the Board may allow.Penalty: Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues.(9) If the Board suspends a practitioner's registration under this section it has and may exercise, if it considers that it is in the public interest to do so, the same power to give notice of the suspension as it has under section 50(5) in relation to a decision to which that section applies.
If the Board suspends a practitioner's registration under section 51 it may at any time, for any reason it considers sufficient, revoke the suspension.
Division 5 - Miscellaneous
53. Evidence of facts found in other proceedings
A finding of fact in relation to the conduct of a practitioner made in any proceedings in a court or other tribunal to which the practitioner is a party, whether in this State or elsewhere, is evidence of that fact in proceedings under this Part.
(1) If the Board reasonably suspects that –it may, in writing, authorise a person to act as an inspector.(a) an unregistered person may be holding himself or herself out to be registered; or(b) there may be grounds for a complaint against a registered practitioner; or(c) there may be grounds for removing a person's name from a register or suspending a person's registration; or(d) a registered practitioner may lack the physical capacity, mental capacity or skill to practise –(2) On production of the authorisation, the inspector may at any reasonable time enter the business premises of a registered practitioner or premises at or from which a person is apparently or purportedly practising and do all or any of the following:(a) inspect the premises generally;(b) require the person apparently in charge of the premises to produce for inspection any document held at the premises;(c) inspect and take notes of or extracts from any such document;(d) make a copy of any such document;(e) ask questions of and require answers from persons on the premises;(f) take photographs;(g) open and inspect containers or packages that the inspector reasonably suspects are used for the purpose of, or in connection with, the provision of medical radiation science services;(h) examine or test any equipment held on the premises;(i) require a person registered or claiming to be registered to produce a certificate of registration;(j) if the inspector reasonably suspects that an offence has been committed against this Act, seize and, on furnishing a receipt, remove anything that in the reasonable opinion of the inspector is evidence of the offence;(k) remove, on furnishing a receipt, any document found on the premises to the custody and control of the Board for as long as the Board considers necessary or expedient.(3) If the Board is satisfied that for legitimate reasons a registered practitioner or other person needs access to a document that has been removed from the practitioner's business premises to the custody and control of the Board under subsection (2)(k) , the Board in its discretion may –(a) grant the practitioner or person reasonable access to the document or to a copy of the document; or(b) provide the practitioner or person with a copy or certified copy of the document; or(c) retain a copy of the document and return the original.(4) A person must not give, agree to give or offer to an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an inspection.Penalty: Fine not exceeding 25 penalty units.
PART 5 - Appeals
(1) A person may appeal to the Supreme Court if the person is aggrieved by a decision of the Board –(a) to refuse to register the person; or(b) to impose a condition on the person's registration under section 25(2) whether or not the condition has been modified under section 27 ; or(c) to remove the person's name from a register other than under section 36(1)(b)(ii) , (iii) or (iv) ; or(d) to refuse to restore the person's name to a register under section 38 ; or(e) to suspend the person's registration under section 51 ; or(f) to refuse to issue the person with a new certificate of registration under section 35(6) or (7) ; or(g) to take an action under section 48 in relation to the person; or(h) which, in the case of a decision made under section 64(3) , directly affects the person.(2) An appeal is to be made within 30 days after notice of the Board's decision is given to the person.
(1) At the hearing of an appeal against a decision of the Board, the Supreme Court may –(a) affirm the decision; or(b) vary the decision; or(c) quash the decision.(2) If the Court quashes the decision it may, according to the circumstances of the case –(a) substitute for the decision it has quashed any decision that the Board would have had jurisdiction to make in those circumstances; or(b) remit the matter to the Board, with or without directions, for further hearing or consideration or for rehearing or reconsideration.(3) The Court may make any further order that it considers just in the circumstances of the case and, without limiting the generality of this, may order the Board to take or refrain from taking any action in relation to the appellant.
PART 6 - Offences
Division 1 - Public and professional safeguards
(1) A natural person who is not a registered radiation therapist must not hold himself or herself out, or allow himself or herself to be held out, as being a registered radiation therapist.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(2) A natural person who is not a registered diagnostic radiographer must not hold himself or herself out, or allow himself or herself to be held out, as being a registered diagnostic radiographer.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(3) A natural person who is not a registered nuclear medicine technologist must not hold himself or herself out, or allow himself or herself to be held out, as being a registered nuclear medicine technologist.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.
58. Unauthorised use of certain titles
(1) A natural person who is not a registered radiation therapist must not practise a profession or trade under –(a) the title "radiation therapist" or "radiation therapy technologist"; or(b) a title that includes the term "radiation therapist" or "radiation therapy technologist"; or(c) a prescribed title.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(2) A natural person who is not a registered diagnostic radiographer must not practise a profession or trade under –(a) the title "diagnostic radiographer", "medical imager" or "medical imaging technologist"; or(b) a title that includes the term "diagnostic radiographer", "medical imager" or "medical imaging technologist"; or(c) a prescribed title.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(3) A natural person who is not a registered nuclear medicine technologist must not practise a profession or trade under –(a) the title "nuclear medicine technologist"; or(b) a title that includes the term "nuclear medicine technologist"; or(c) a prescribed title.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(4) A natural person who is not a registered practitioner must not practise a profession or trade under –(a) the title "radiographer"; or(b) a title that includes the term "radiographer"; or(c) a prescribed title.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(5) A person is not guilty of practising a trade or profession under a title contrary to this section if, at the relevant time –(a) the person was undertaking an approved program of supervised clinical training in medical radiation science for the purposes of section 19(1) , (2) or (3) ; and(b) the person practised under the title only in the course of, and for the purposes of, that training.
Division 2 - General offences
59. Failure to notify Board of civil claims
(1) A registered practitioner must give the Board notice within 14 days after any proceedings claiming damages or other compensation for alleged negligence in the practice of medical radiation science are commenced against –(a) the registered practitioner; or(b) the registered practitioner's employer, in relation to an act or omission of the practitioner.Penalty: Fine not exceeding 15 penalty units.(2) A registered practitioner must give the Board notice within 14 days after –(a) any proceedings claiming damages or other compensation for alleged negligence by the practitioner in the practice of medical radiation science are withdrawn or settled; or(b) a court or other tribunal makes an order in relation to any such proceedings.Penalty: Fine not exceeding 15 penalty units.
(1) A person must not make or produce, or cause to be made or produced, a false or misleading statement, either orally or in writing, in connection with an application, inquiry, inspection or investigation.Penalty: Fine not exceeding 25 penalty units.(2) A person must not forge or change a certificate of registration or an interim certificate of registration.Penalty: Fine not exceeding 25 penalty units.(3) A person must not, with intent to obtain, retain or claim registration under this Act –(a) forge or fraudulently alter a University Degree or other evidence of a qualification; or(b) utter a University Degree, or other evidence of a qualification, knowing it to be forged or fraudulently altered.Penalty: Fine not exceeding 25 penalty units.
A person must not obstruct, hinder, threaten or intimidate another person –(a) in the exercise by the other person of a power conferred by this Act; or(b) in the performance of a duty imposed on the other person by this Act.Penalty: Fine not exceeding 25 penalty units.
62. Offences relating to inquiries and investigations, &c.
(1) A person must not, without reasonable excuse –(a) fail to attend an inquiry or investigation as required by summons; or(b) fail in an inquiry or investigation to comply with the requirement to affirm or be sworn; or(c) fail to produce a document when required by a committee of inquiry or disciplinary committee to do so; or(d) fail to answer a question when required by a committee of inquiry or disciplinary committee to do so.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(2) A person may be required by a committee of inquiry or disciplinary committee to answer a question or produce a document notwithstanding that the answer to the question or the contents of the document may tend to incriminate the person.(3) If in an inquiry or investigation a person objects to answering a question or producing a document on the grounds that to do so may tend to incriminate the person, the answer to the question or the contents of the document are not admissible in evidence in any other proceedings in relation to the person, other than proceedings in relation to an offence under section 60 or in relation to an appeal under Part 5 .
63. Failure to comply with orders
(1) A person must not –(a) fail to leave a hearing being held in the course of an inquiry or investigation when ordered to do so by the committee conducting the inquiry or investigation; or(b) fail to leave a meeting of the Board when ordered to do so by the Board.Penalty: Fine not exceeding 25 penalty units.(2) A person must not –(a) report or otherwise disclose any proceedings of a committee of inquiry or disciplinary committee contrary to an order of that committee; or(b) report or otherwise disclose any information in relation to the proceedings of a committee of inquiry or disciplinary committee contrary to an order of that committee.(3) A person must not –(a) report or otherwise disclose any proceedings of a meeting of the Board contrary to an order of the Board; or(b) report or otherwise disclose any information in relation to a meeting of the Board contrary to an order of the Board.
PART 7 - Miscellaneous
Division 1 - Dual and multiple registration
64. Dual and multiple registration
(1) A person may be granted and hold any 2 or all 3 of the following kinds of registration provided for by this Act if the person is eligible and entitled to be so registered:(a) registration as a radiation therapist;(b) registration as a diagnostic radiographer;(c) registration as a nuclear medicine technologist.(2) The following provisions apply to dual and multiple registration:(a) if a person holding one or 2 kinds of registration applies for another kind of registration, an application fee is payable under section 20(1)(c) in relation to the application;(b) if a person holding one kind of registration applies for 2 other kinds of registration, the applications may be separate or combined but a separate application fee is payable under section 20(1)(c) in relation to each kind of registration applied for;(c) if a person who is not registered applies for dual or multiple registration, the applications may be separate or combined but a separate application fee is payable under section 20(1)(c) in relation to each kind of registration applied for;(d) an application for registration of a particular kind is to be regarded as a discrete application by the Registrar, the Board and the Supreme Court notwithstanding that the application may be combined with an application for registration of another kind;(e) if a person is granted dual or multiple interim registration or dual or multiple registration, a separate interim certificate of registration or a separate certificate of registration is to be issued to the person for each kind of registration granted;(f) the fact that a person is granted interim registration or registration of one kind –(i) does not impose an obligation on the Registrar or the Board to grant the person registration of another kind; and(ii) is not to be taken into account in determining the person's eligibility for or entitlement to registration of another kind;(g) conditions imposed on a person in relation to interim registration or registration of one kind may be the same as, or different to, conditions imposed on the person in relation to registration of another kind;(h) a person who has dual or multiple registration is required to pay only one annual registration fee and, if applicable, one late fee under section 35 in relation to all of those registrations;(i) if the name of a person who holds dual or multiple registration is removed from one register, the Board must immediately remove the person's name from the other register or registers unless –(i) the person requested the removal; or(ii) the removal was effected under section 35(8) ;(j) if a person has more than one kind of registration and one of those registrations is totally suspended for any reason, each of the other registrations is totally suspended automatically;(k) if the first-mentioned suspension in paragraph (j) is revoked or quashed, the automatic suspension of the other registration or registrations is revoked automatically or, subject to any order of the Supreme Court, quashed;(l) if a person has more than one kind of registration and one of those registrations is partially suspended, the Board in its discretion may partially suspend either or, if applicable, both of the other registrations to such extent and for such period as the Board determines;(m) if a person's name is restored to a register under section 38 and the person formerly held dual or multiple registration, the Board must immediately restore the name to the other register or registers unless the person has previously notified the Board –(i) in the case of dual registration, that he or she does not wish to have the dual registration restored; or(ii) in the case of multiple registration, that he or she does not wish to have the other registrations restored or wishes to have only one of the other registrations restored;(n) in a case to which paragraph (m) applies, only one restoration fee and, if applicable, one annual registration fee is payable under section 38 ;(o) if the name of a person holding dual or multiple registration is removed from a register and, on appeal, the Supreme Court orders that the person's name be restored to that register, the Board, in addition to complying with the order and subject to any other orders of the Court, must immediately restore the person's name to the other register or registers;(p) if the Board imposes a condition on a person's registration under section 48(1)(d) and the person holds dual or multiple registration it may, at the same time, also impose the same or a like condition on –(i) in the case of dual registration, the other registration; or(ii) in the case of multiple registration, one or both of the other registrations;(q) if under section 48(1)(e) the Board requires a person holding dual or multiple registration to take or refrain from taking a specified action in relation to one kind of registration it may, at the same time, also require the person to take or refrain from taking the same or a like action in relation to –(i) in the case of dual registration, the other registration; or(ii) in the case of multiple registration, one or both of the other registrations.(3) An issue arising in connection with dual or multiple registration that is not provided for in subsection (2) is to be decided by the Board having regard to the following considerations:(a) protection of the public;(b) fairness to the practitioners concerned;(c) the standing of medical radiation science professionals;(d) any previous decisions made by the Board under this subsection, and any associated rulings of the Supreme Court;(e) such other considerations as the Board considers relevant.(4) As soon as practicable after making a decision under subsection (3) , the Board must give notice of the decision to each person who is, or in the reasonable opinion of the Board is likely to be, directly affected by it.
Division 2 - Obligations to provide information
65. Medical practitioners' notices relating to fitness to practise
A registered medical practitioner who signs an order under the Mental Health Act 1996 or a medical recommendation within the meaning of the Alcohol and Drug Dependency Act 1968 in relation to a person who the medical practitioner knows or believes is registered under this Act must, as soon as practicable after signing the order or recommendation, give the Board notice of that fact.Penalty: Fine not exceeding 5 penalty units.
66. Information about bodies corporate
(1) In this section –corporate provider means a body corporate that provides medical radiation science services or causes or allows such services to be provided in its name or on its behalf;reasonable period means a period, of not less that 21 days, determined by the Board;relevant information means information that the Board reasonably considers it necessary or expedient to have for the purposes of exercising its powers or performing its functions.(2) The Board, by notice, may require a corporate provider to give it any one or more of the following:(a) any relevant information about the corporate provider's membership, shareholdings, officers or employees;(b) any other relevant information about the corporate provider's structure, management or operations;(c) a copy of its memorandum or articles of association.(3) A corporate provider must comply with a notice under subsection (2) within such reasonable period as is specified in the notice.Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.(4) The Board, by notice, may require a registered practitioner to give it any relevant information about his or her involvement with a corporate provider.(5) A registered practitioner must comply with a notice under subsection (4) within such reasonable period as is specified in the notice.Penalty: Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.
Division 3 - Administrative and legal
(1) A document may be given to the Board or a committee –(a) by leaving it at, or sending it by post to, the Board's address; or(b) by sending it by way of facsimile transmission to the Board's facsimile number; or(c) by sending it by way of electronic mail to the Board's electronic mail address.(2) A document may be given to another person by –(a) in the case of an individual –(i) handing it to the person; or(ii) leaving it at, or sending it by post to, the person's postal or residential address or place or address of business or employment last known to the giver of the document; or(ii) sending it by way of facsimile transmission to the person's facsimile number; or(iii) sending it by way of electronic mail to the person's electronic mail address; and(b) in the case of any other person –(i) leaving it at, or sending it by post to, the person's principal or registered office or principal place of business; or(ii) sending it by way of facsimile transmission to the person's facsimile number; or(iii) sending it by way of electronic mail to the person's electronic mail address.(3) A document that is posted to a person is taken not to have been given to the person until the time when it would have been delivered in the ordinary course of post.
(1) The Board may have a common seal and, if so, it is to be kept and used as authorised by the Board.(2) All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Board.
In any proceedings, unless evidence is given to the contrary, proof is not required of –(a) the constitution of the Board or a committee; or(b) any resolution of the Board or a committee; or(c) the appointment of any member of the Board or a committee; or(d) the presence of a quorum at any meeting of the Board or a committee.
70. Appropriation of fees, penalties and fines
(1) All fees payable and all penalties imposed and recovered under this Act are to be paid to the Board.(2) A fee payable under this Act may be recovered as a debt due to the Board.(3) A fine imposed on a person under section 48(1)(c) may be recovered as a debt due to the Board.(4) Any costs and expenses ordered to be paid under section 49(1) are recoverable as a debt due to the Board.
71. Punishment of conduct constituting an offence
If conduct that constitutes an offence against this Act is also grounds for action under section 46 , 48 or 51 –(a) the taking of the action is not a bar to conviction and punishment for the offence; and(b) conviction and punishment for the offence is not a bar to the taking of the action.
72. Offences by bodies corporate
(1) If a body corporate commits an offence against this Act, each person concerned in the management of that body corporate is taken to have also committed the offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without the person's knowledge or consent.(2) A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , the regulations may –(a) prescribe precautions to be taken to control the risk of infection in the practice of medical radiation science and other precautions to be taken for the comfort, safety and welfare of patients; and(b) prescribe continuing professional education requirements for medical radiation science professionals.(3) Regulations made under this section, including any regulations prescribing fees, may –(a) apply generally or be limited in their application by reference to specified exemptions or specified factors; and(b) apply differently according to different factors, limitations or restrictions of a specified kind; and(c) authorise any matter to be from time to time determined, applied or regulated by the Board.(4) Regulations made under this section may –(a) provide that a contravention of any of the regulations is an offence; and(b) in relation to any such offence, provide for the imposition of a fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.(5) The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act.(6) Without limiting the generality of subsection (5) , regulations made pursuant to that subsection may make provision for or in relation to inquiries or appeals under Part III of the Radiographers Registration Act 1971 .(7) A provision of a regulation made pursuant to subsection (5) may, if the regulation so provides, take effect on the day referred to in section 2 or a later date or time.
Division 4 - Consequential and transitional
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Health and Human Services; and(b) the department responsible to the Minister for Health and Human Services in relation to the administration of this Act is the Department of Health and Human Services.
75. Savings and transitional provisions
The savings and transitional provisions set out in Schedule 4 have effect.
(1) Until fees are prescribed for the purposes of this Act, the fees specified in Schedule 5 are the fees that are payable for the various matters to which they respectively relate.(2) Unless otherwise prescribed, the Fee Units Act 1997 does not apply to this Act.
77. Radiographers Registration Act 1971 repealed
The Radiographers Registration Act 1971 is repealed.
The amendment effected by this section has been incorporated into the authorised version of the Health Complaints Act 1995 .
SCHEDULE 1 - Provisions in relation to membership of Board
1. Term of office(1) A member is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment.(2) A member is eligible to serve any number of terms of office but may not serve more than 2 of those terms in succession.
2. Holding other officeThe holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –(a) holding that office and also the office of a member; or(b) accepting any remuneration payable to a member.
3. Remuneration of membersA member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Minister determines.
4. Vacation of office(1) A member vacates office if he or she –(a) dies; or(b) resigns; or(c) is removed from office under subclause (2) or (3) ; or(d) ceases to be qualified for office by virtue of subclause (4) .(2) The Governor may remove a member from office if the member –(a) is absent from 3 consecutive meetings of the Board without the permission of the other members of the Board; or(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a period exceeding 12 months; or(d) fails, without reasonable excuse, to comply with the obligation referred to in clause 5 of Schedule 2 ; or(e) is convicted of an offence against this Act.(3) The Governor may remove a member from office if satisfied that the member is unable to perform the duties of office competently.(4) A member appointed under section 6(1)(a) vacates office if he or she ceases to be a registered practitioner.
5. Filling of vacanciesIf the office of a member becomes vacant, the Governor may appoint a person to the vacant office for the remainder of that member's term of office.
6. Validity of proceedings, &c.(1) An act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Board.(2) An act or proceeding of the Board or of a person acting under the direction of the Board is valid even if –(a) the appointment of a member of the Board was defective; or(b) a person appointed as a member of the Board was disqualified from acting as, or incapable of being, such a member.
SCHEDULE 2 - Provisions in relation to meetings of Board
1. Convening of meetingsA meeting of the Board may be convened by the chairperson or by any 2 members.
2. Procedure at meetings(1) Three members form a quorum at any duly convened meeting of the Board.(2) Any duly convened meeting of the Board at which a quorum is present is competent to transact any business of the Board.(3) Questions arising at a meeting of the Board are to be determined by a majority of votes of the members present and voting.(4) In the event of an equality of votes on a question arising at a meeting of the Board, the question stands adjourned until its next meeting.
3. Who presides at meetings(1) The chairperson is to preside at all meetings of the Board at which he or she is present.(2) If the chairperson is not present at a meeting of the Board, a member elected by the members present is to preside at that meeting.
4. MinutesThe Board must keep accurate minutes of its meetings.
5. Disclosure of interest(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board must, as soon as practicable after the relevant facts come to the knowledge of the member, disclose the nature of that interest at a meeting of the Board.(2) A disclosure under subclause (1) is to be recorded in the minutes and the member must not, unless the Board exclusive of that member determines otherwise –(a) be present during any deliberations of the Board in relation to that matter; or(b) take part in any decision of the Board in relation to that matter.
6. Meetings to be open to public(1) In this clause,meeting does not include a meeting convened for the purposes of section 46 .(2) Except as provided in subclause (3) , a meeting of the Board is to be open to the public.(3) The Board may do either or both of the following at a meeting if it considers that there are compelling grounds to do so:(a) make an order excluding any person who is not a member from the meeting;(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in relation to the meeting.(4) Without limiting the range of grounds that may be relevant for the purposes of subclause (3) , the Board may exercise its power under that subclause if –(a) it is dealing with privileged information or information that has been communicated to the Board in confidence; or(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered practitioner; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered practitioner or any other person.
7. General procedures(1) Subject to this Schedule, the procedure for calling meetings of the Board and for the conduct of business at meetings of the Board is as determined by the Board.(2) The Board may permit members to participate in a particular meeting by a telephone or other means of communication.(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.(4) The Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
8. Report to MinisterThe Board, if requested to do so by the Minister, must furnish the Minister with any information the Minister may require in relation to the proceedings of the Board.
SCHEDULE 3 - Powers and procedures of committees of inquiry and disciplinary committees
Section 23(4) and 44(6)
1. InterpretationIn this Schedule –committee means a committee of inquiry or disciplinary committee;hearing means that part of any proceedings during which evidence is taken, oral submissions are made or findings are announced;proceedings means –(a) in the case of a committee of inquiry, an inquiry; and(b) in the case of a disciplinary committee, an investigation.
2. PowersA committee may –(a) summon any person to appear before it to give evidence and produce any document specified in the summons; and(b) require any person appearing before it to produce any document; and(c) require any person appearing before it to give evidence on oath or affirmation; and(d) require any person appearing before it to answer questions; and(e) proceed with and determine any proceedings notwithstanding the absence of a person who has been summoned to appear; and(f) adjourn any proceedings from time to time and from place to place.
3. ProcedureA committee –(a) must conduct its proceedings with as little formality and with as much expedition as a proper consideration of the matter before it permits; and(b) is not bound by the rules of evidence; and(c) may inform itself on any matter in any way it considers appropriate; and(d) must observe the rules of natural justice.
4. Medical examinations(1) In this clause,medical examination includes an examination of the physical, psychological and mental capacities of a person.(2) A committee, by notice, may require an applicant or defendant to have a medical examination at the Board's expense.(3) Notwithstanding subclause (2) , a disciplinary committee must not require a defendant to have a medical examination unless, having regard to the matter being investigated, it is reasonable to require that examination.(4) A notice under subclause (2) is to specify –(a) the name of the medical practitioner or other health care provider who is to carry out the medical examination; and(b) the date, time and place of the medical examination.(5) The time and place specified for a medical examination must be reasonable.(6) The medical practitioner or other health care provider who carries out the medical examination must provide the committee and the person examined with a written report of the results of that examination.
5. Proceedings to be open to public(1) Except as provided in subclause (2) , a hearing held in the course of any proceedings is to be open to the public.(2) A committee conducting a hearing may, on the application of a party to the proceedings or on its own motion, do either or both of the following if it considers that there are compelling grounds to do so:(a) make an order excluding any person from the hearing;(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings or prohibiting the reporting or other disclosure of particular information in relation to the proceedings.(3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2) , a committee may exercise its power under that subclause if –(a) it is dealing with privileged information or information that has been communicated to the Board or the committee in confidence; or(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered practitioner; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered practitioner or any other person.(4) Nothing in this clause is to be taken as preventing a committee from –(a) meeting in camera before a hearing for the purposes of preparing for that hearing; or(b) meeting in camera for the purposes of deliberating on or reaching a finding on any matter in the course of, or at the conclusion of, a hearing.
6. Representation, &c.(1) An applicant who is the subject of an inquiry is entitled to attend a hearing held in the course of the inquiry and to be represented by an Australian legal practitioner or any other person.(2) A defendant who is the subject of an investigation is entitled to attend a hearing held in the course of the investigation and to be represented by an Australian legal practitioner or any other person.(3) At a hearing held in the course of an investigation the Board is entitled to be represented by an Australian legal practitioner or any other person.(4) The Board, at its own expense, may appoint an Australian legal practitioner to assist a committee in conducting any proceedings.(5) A party to investigation proceedings is entitled to tender evidence to the committee conducting the investigation and to examine any person who tenders evidence in the proceedings.(6) The Secretary may –(a) become a party to any proceedings; and(b) be represented in the proceedings by an employee of the Department.
SCHEDULE 4 - Savings and Transitional provisions
1. InterpretationIn this Schedule, unless the contrary intention appears –commencement day means the day proclaimed under section 2 ;former Board means the Radiographers Registration Board as constituted under the repealed Act;repealed Act means the Radiographers Registration Act 1971 ;transitional period means the period of 12 months immediately following the commencement day.
2. Initial Registrar(1) On the commencement day –(a) an appointment held by a State Service employee under section 6(2) of the repealed Act to act as secretary to the former Board lapses; and(b) the duties carried out by that employee under that appointment cease to form any part of the duties of that employee under the Tasmanian State Service Act 1984 .(2) Notwithstanding subclause (1) –(a) the person who was the employee referred to in that subclause immediately before the commencement day may, with the approval of the Secretary given under section 79 of the Tasmanian State Service Act 1984 , be appointed and act as Registrar pursuant to section 12 ; and(b) the person, if so appointed, may perform the functions and exercise the powers of the office of Registrar in addition to his or her duties as an employee in the State Service.
3. Continuation of register(1) Until the Board is able to prepare the 3 registers that it is required to keep under section 30 of this Act, the Board may maintain the register that was maintained by the former Board under section 9 of the repealed Act, in which case that register continues and serves for the time being as the Register of Radiation Therapists and also as the Register of Diagnostic Radiographers and Register of Nuclear Medicine Technologists.(2) Notwithstanding subclause (1) , the Board must cause the 3 registers referred to in section 30 to be prepared and operating before the transitional period expires and, on that expiration, the register that was maintained by the former Board ceases to have effect for the purposes of this Act.(3) When a person first tenders an annual registration fee to the Board after the commencement day in accordance with section 35 , the Board must ask the person to nominate on which register, or registers, the person wishes his or her name to be entered.(4) The Board must, on receiving the nomination –(a) enter the person's name on the register, or registers, so nominated; and(b) remove the person's name from the register that was maintained by the former Board under section 9 of the repealed Act.(5) When the Board has complied with subclause (4) , in relation to a person, the person is taken to have been registered on the nominated register, or registers, immediately before he or she tendered the annual registration fee and subsections (5) , (6) , (7) , (9) and (10) of section 35 have effect accordingly.
4. Continuation of registration(1) On the commencement day a person who, immediately before that day, was registered as a radiographer and the holder of a practising certificate under the repealed Act is taken to be a registered medical radiation science professional under and subject to this Act on the same conditions, if any, as applied to the person's former registration.(2) For the purposes of this Act a practising certificate held by a person referred to in subclause (1) is taken to be a certificate of registration.
5. Unprocessed applications for registration(1) Where an application for registration made under the repealed Act had not been determined by the former Board immediately before the commencement day the Board must, by notice as soon as practicable after that day, ask the applicant whether he or she wishes to proceed with the application and, if so, to nominate which kind, or kinds, of registration he or she wishes to apply for.(2) If the applicant wishes to proceed with the application and makes the requested nomination, the application is to be determined by the Board as if it were a valid application made under this Act.
6. ValidationAll acts, matters and things done or omitted to be done by, or done or suffered in relation to, the former Board before the commencement day have, on and after that day, the same force and effect as if they had been done by, or done or suffered in relation to, the Board.
7. Board membersThe appointments of the persons who, immediately before the commencement day, were members of the former Board are terminated, but those persons are, if qualified, eligible to be appointed as members of the Board under this Act.
8. Interim qualifications of applicants(1) Until a national body or forum is prescribed for the purposes of subsection (1) of section 19 , a person is taken to have a qualification referred to in paragraph (a)(i) of that subsection if he or she holds a –(a) Bachelor in Applied Science (Medical Radiation Technology), specialising in radiation therapy, from the University of Sydney; or(b) Bachelor in Applied Science (Medical Radiation Technology), specialising in radiation therapy, from the Queensland University of Technology; or(c) Bachelor of Medical Radiation Science, specialising in radiation therapy, from the University of Newcastle; or(d) Bachelor of Applied Science in Medical Radiations, specialising in radiation therapy, from the RMIT University; or(e) Bachelor of Applied Science in Medical Radiations, specialising in radiation therapy, from the University of South Australia; or(f) qualification that the Board considers to be at least substantially equivalent to a Degree specified in this subclause.(2) Until a national body or forum is prescribed for the purposes of subsection (2) of section 19 , a person is taken to have a qualification referred to in paragraph (a)(i) of that subsection if he or she holds a –(a) Bachelor in Applied Science (Medical Radiation Technology), specialising in diagnostic radiation or medical imaging, from the University of Sydney; or(b) Bachelor in Applied Science (Medical Radiation Technology), specialising in diagnostic radiation or medical imaging, from the Queensland University of Technology; or(c) Bachelor of Medical Radiation Science, specialising in diagnostic radiation, from the University of Newcastle; or(d) Bachelor of Applied Science in Medical Radiations, specialising in diagnostic radiation, from the RMIT University; or(e) Bachelor of Applied Science in Medical Radiations, specialising in diagnostic radiation, from the University of South Australia; or(f) Bachelor of Science (Medical Imaging Science) from the Curtin University of Technology; or(g) Bachelor of Applied Science (Medical Imaging Science) from Charles Sturt University; or(h) Bachelor of Radiography and Medical Imaging Science from Monash University; or(i) qualification that the Board considers to be at least substantially equivalent to a Degree specified in this subclause.(3) Until a national body or forum is prescribed for the purposes of subsection (3) of section 19 , a person is taken to have a qualification referred to in paragraph (a)(i) of that subsection if he or she holds a –(a) Certificate in Medical Nucleography granted by the Royal Melbourne Institute of Technology in relation to courses of training commenced and examinations passed, in whole or in part, before 1 January 1972; or(b) Diploma in Medical Nucleography granted by the Royal Melbourne Institute of Technology after 31 January 1971; or(c) Bachelor in Applied Science (Medical Radiation Technology), specialising in nuclear medicine, from the University of Sydney; or(d) Bachelor of Medical Radiation Science, specialising in nuclear medicine, from the University of Newcastle; or(e) Bachelor of Applied Science in Medical Radiations, specialising in nuclear medicine, from the RMIT University; or(f) Bachelor of Applied Science in Medical Radiations, specialising in nuclear medicine, from the University of New South Wales; or(g) qualification that the Board considers to be at least substantially equivalent to a qualification specified in this subclause.(4) Notwithstanding section 19 , a person is eligible to apply to the Board to be registered as a medical radiation science professional at any time during the transitional period if the person was, at any time in the 5 year period immediately preceding the commencement day, registered as a radiographer under the repealed Act.
SCHEDULE 5 - Interim fees
$ | |
1. Fee for an application for registration: section 20(1)(c) | 50 |
2. Annual registration fee: section 20(1)(c) , section 35(2)(a) and section 38(1) | 80 |
3. Late fee: section 35(3) | 20 |
4. Restoration fee: section 38(1) | 35 |
5. Fee for replacement certificate of registration: section 28(4) | 20 |
6. Fee to inspect register: section 32(1) | 10 |
7. Fee to obtain copy of or extract from register: section 32(2) | 5 per page |
8. Fee to obtain copy of notice: section 33(2) | 5 per page |