Western Australian Numbered Acts Western Australian Numbered Acts[s. 7]
Division 1 — General provisions
(1) Subject to
clause 4, a member of the Board holds office for such term, not exceeding
3 years, as is specified in the member’s instrument of appointment.
(2) Subject to
subclause (3), a member of the Board is not to hold office for more than
9 years, consecutively or otherwise.
(3) If in the opinion
of the Minister there are special reasons for doing so, a person may be
appointed so that he or she holds office for more than 9 years,
consecutively or otherwise.
2 . Functions of deputy presiding member
(1) The deputy
presiding member is to perform the functions of the presiding member when the
presiding member is unable to do so by reason of illness, absence or other
cause, or when the office of presiding member is vacant.
(2) No act or omission
of the deputy presiding member acting as presiding member is to be questioned
on the ground that the occasion for his or her so acting had not arisen or had
ceased.
(1) The Minister may
appoint an eligible person to be a deputy of a member and may terminate such
an appointment at any time.
(2) The provisions of
section 5 that apply to and in relation to the appointment of a member
apply, with any necessary modification, to and in relation to the appointment
of the deputy of that member.
(3) A deputy of a
member may perform the functions of the member when the member is unable to do
so by reason of illness, absence or other cause.
(4) Despite anything
in this Act, a deputy of a member may continue to act as a member, after the
occasion for so acting has ceased, for the purpose of completing any function.
(5) A deputy of a
member, while acting as a member, has all the functions of and all the
protection given to a member.
(6) No act or omission
of a person acting in place of another under this clause is to be questioned
on the ground that the occasion for so acting had not arisen or had ceased.
4 . Vacation of office by member
(1) A member of the
Board may resign from office by notice in writing given to the Minister.
(2) A member who
resigns under subclause (1) is to give a copy of the notice of
resignation to the registrar.
(3) A member of the
Board may be removed from office by the Minister —
(a) for
mental or physical disability, incompetence, neglect of duty or misconduct
that impairs the performance of the member’s duties;
(b) if
the member is an insolvent under administration, as that term is defined in
the Corporations Act section 9;
(c) if
the member is absent without leave of the Board from 3 consecutive
meetings of the Board of which the member has had notice; or
(d) for
any other act or omission that in the opinion of the Minister may cause
prejudice or injury to the Board.
(4) A member of the
Board must be removed from office by the Minister if the member ceases to hold
a position or qualification by virtue of which the member was appointed or if,
in the case of a member who is a medical radiation technologist, the
registration of the member under this Act is suspended.
5 . General procedure concerning meetings
(1) The presiding
member is to preside at all meetings of the Board at which he or she is
present.
(2) If both the
presiding member and deputy presiding member are absent from a meeting the
members present are to appoint one of their number to preside.
(3) A quorum for a
meeting of the Board is 5 members.
(4) The procedure for
convening meetings of the Board and the conduct of business at those meetings
is, subject to this Act, to be as determined by the Board.
(1) A decision of the
majority of members at a meeting of the Board at which a quorum is present is
the decision of the Board.
(2) If the votes of
members present at a meeting and voting are equally divided the member
presiding at the meeting is to have a casting vote in addition to a
deliberative vote.
The presence of a
person at a meeting of the Board need not be by attendance in person but may
be by that person and each other person at the meeting being simultaneously in
contact by telephone, or other means of instantaneous communication.
8 . Resolution without meeting
A resolution in
writing signed by each member of the Board or assented to by each member by
letter, facsimile transmission, electronic mail or other written means has
effect as if it had been passed at a meeting of the Board.
The Board is to ensure
that an accurate record is kept and preserved of the proceedings at each
meeting of the Board and of each resolution passed by the Board.
Division 2 — Disclosure of interests etc.
In this
Division —
“member” means a member of the Board
or a member of a committee, as the case may be.
(1) A member who has a
material personal interest in a matter being considered or about to be
considered by the Board or a committee must, as soon as possible after the
relevant facts have come to the member’s knowledge, disclose the nature
of the interest at a meeting of the Board or the committee.
Penalty: a fine of $10 000.
(2) A disclosure under
subclause (1) is to be recorded in the minutes of the meeting.
12 . Exclusion of interested member
(1) A member who has a
material personal interest in a matter that is being considered by the Board
or a committee —
(a) must
not vote, whether at a meeting or otherwise, on the matter; and
(b) must
not be present while the matter is being considered at a meeting.
(2) In
subclause (1)(a) or (b) a reference to a matter also refers to a
proposed resolution under clause 13 in respect of the matter, whether
relating to that member or a different member.
13 . Board or committee may resolve that
clause 12 inapplicable
Clause 12 does
not apply if the Board or a committee has at any time passed a resolution
that —
(a)
specifies the member, the interest, and the matter; and
(b)
states that the members voting for the resolution are satisfied that the
interest should not disqualify the member from considering or voting on the
matter.
14 . Quorum where clause 12 applies
(1) Despite
clause 5(3), when the Board is dealing with a matter in relation to which
a member of the Board is disqualified under clause 12, 4 members who
are entitled to vote on any motion that may be moved in relation to the matter
constitute a quorum.
(2) The Minister may
deal with a matter to the extent that the Board cannot deal with it because of
subclause (1).
15 . Minister may declare clauses 12
or 14 inapplicable
(1) The Minister may
by writing declare that clause 12 or 14 does not apply in relation
to a specified matter, either generally or for the purpose of dealing with
particular proposed resolutions.
(2) The Minister is
to, within 14 sitting days after a declaration under subclause (1) is
made, cause a copy of the declaration to be laid before each House of
Parliament.
Schedule 2 -- Transitional provisions
[s. 104]
1 . Term used in this Schedule
In this
Schedule —
“commencement day” means the day on
which this Act comes into operation.
2 . Transitional provision for persons practising
medical radiation technology
A person practising in
one or more areas of medical radiation technology immediately before the
commencement day and who would otherwise be required to be registered for the
purposes of this Act is to be treated as if he or she were registered under
Part 4 in respect of that area or those areas —
(a)
until the expiry of 6 months after the commencement day; or
(b)
until —
(i)
registration of that person is refused by the Board; and
(ii)
the time for applying for a review under section 99
of a decision refusing an application to the Board for registration has
expired without an application being made or an application has been made but
has been unsuccessful or proceedings on the application have been dismissed or
struck out,
whichever happens
first.
3 . Persons practising medical radiation
technology but not eligible for registration under Part 4
(1) Despite anything
else in this Act, a person practising in one or more areas of medical
radiation technology immediately before the commencement day may continue to
do so if registered under this clause.
(2) The Board, on
payment of the registration fee, if any, prescribed by the regulations, is to
register a person under this clause if —
(a) the
person applies to the Board for registration under this clause within
6 months after the commencement day; and
(b) the
Board is satisfied that the person meets the requirements of
section 27(2)(a), (b), (c), (d) and (e)
and —
(i)
has practised in one or more areas of medical radiation
technology within the 5 years immediately preceding the application; and
(ii)
during that period of time has derived his or her primary
source of income from that practice.
(3) For the purposes
of this Act, a person who is registered under this clause is to be treated as
if he or she were registered under Part 4 in respect of that area or
those areas.
For the purposes of
the first appointments of members under section 5(1)(a), (b)
and (c), a person is taken to be a medical radiation technologist
registered in respect of the relevant area of medical radiation technology if,
in the opinion of the Minister, that person is eligible under
section 27(2)(a), (b), (c), (d) and (e) to be
registered in respect of that area.
Schedule 3 -- Consequential amendments
[s. 105]
1 . Civil Liability Act 2002 amended
(1) The amendment in
this clause is to the Civil Liability Act 2002 *.
[* Act No. 35 of 2002.
For subsequent
amendments see Western Australian Legislation Information Tables for 2004,
Table 1, p. 65. ]
(2) Section 5PA
is amended after paragraph (d) of the definition of “health
professional” by inserting the following paragraph —
“
(da) a medical radiation technologist as defined in the
Medical Radiation Technologists Act 2006 section 3;
”.
2 . Constitution Acts Amendment Act 1899
amended
(1) The amendment in
this clause is to the Constitution Acts Amendment Act 1899 *.
[* Reprint 13 as at 18
March 2005.
For
subsequent amendments see Acts Nos. 59 and 70 of 2004 and 1 and 2 of
2005. ]
(2) Schedule V
Part 3 is amended by inserting the following item in the appropriate
alphabetical position —
“
The Medical Radiation Technologists Registration Board of
Western Australia established under the Medical Radiation Technologists Act
2006 .
”.
3 . Health Professionals (Special Events
Exemption) Act 2000 amended
(1) The amendment in
this clause is to the Health Professionals (Special Events Exemption)
Act 2000 *.
[* Act No. 7 of 2000.
]
(2) Section 3(1)
is amended in the definition of “Health Registration Act” by
inserting the following in the appropriate alphabetical position —
“ Medical Radiation Technologists Act 2006;
”.
4 . Health Services (Conciliation and Review)
Act 1995 amended
(1) The amendment in
this clause is to the Health Services (Conciliation and Review) Act 1995
*.
[* Reprint 2 as at 18
Mar 2005. ]
(2) After
Schedule 1 item 3 the following item is inserted —
“
|
3a. |
The Medical Radiation Technologists Registration Board of Western Australia
established under the Medical Radiation Technologists Act 2006 . |
”.
5 . Radiation Safety Act 1975 amended
(1) The amendments in
this clause are to the Radiation Safety Act 1975 *.
[* Reprinted as at 25
February 2000.
For
subsequent amendments see Western Australian Legislation Information Tables
for 2004, Table 1, p. 375 . ]
(2) Section 4(1)
is amended as follows:
(a) by
inserting the following definition in the appropriate alphabetical
position —
“
“medical radiation technologist” has the
meaning given to that term in section 3 of the Medical Radiation
Technologists Act 2006 ;
”;
(b) by
deleting the definition of “section”.
(3) Section 4(2)
is repealed.
(4) Section 4 is
amended by deleting the subsection designation “(1)”.
(5) Section 5 is
repealed.
(6) Section 13(2)
is amended as follows:
(a) in
paragraph (b) by deleting “5” and inserting
instead —
“ 6 ”;
(b) in
paragraph (b) by deleting “7” and inserting
instead —
“ 8 ”;
(c)
after paragraph (b)(v) by deleting “and”;
(d)
after paragraph (b)(vi) by deleting the full stop and inserting
instead —
“
; and
(vii)
one shall be a medical radiation technologist.
”.
(7) After
section 24 the following section is inserted in Part II —
“
24A. Disclosure of information to the
Medical Radiation Technologists Board of Western Australia
(1) The Council shall
furnish to the Board as defined in section 3 of the
Medical Radiation Technologists Act 2006 written advice if —
(a) a
licence held by a medical radiation technologist under the
Radiation Safety Act 1975 is revoked, surrendered, not renewed or its
operation is suspended;
(b) a
condition, restriction or limitation in relation to such a licence is imposed
or varied; or
(c)
proceedings are commenced against a medical radiation technologist for an
offence under section 52.
(2) The advice
referred to in subsection (1) must be given no later than 30 days
after the revocation, surrender, refusal to renew, suspension, imposition,
variation or commencement of proceedings.
”.
(8) Section 27(2)
is amended as follows:
(a) in
paragraph (b) by inserting before “he was
lawfully” —
“
if the person is not practising in an area of medical
radiation technology as defined in section 3 of the Medical Radiation
Technologists Act 2006 ,
”;
(b)
after paragraph (b) by deleting “or” and
inserting —
“
(ba) he was —
(i)
a medical radiation technologist engaged in professional
practice;
(ii)
the holder of a relevant licence under this Act
authorising him so to do; and
(iii)
acting in accordance with a written request referred to
in section 26(2) or (2a);
(bb) he was —
(i)
a medical radiation technologist whose registration was
subject to a condition that his practice in an
area of medical radiation technology be subject to direction and supervision
by a person to whom paragraph (a) or (ba) applies (a
“supervisor” ); and
(ii)
lawfully acting under the direction and supervision of a
supervisor;
or
”.
(9) Section 49 is
amended as follows:
(a)
after paragraph (a) by deleting “or”;
(b)
after paragraph (a) by inserting the following paragraph —
“
(aa)
under section 24A; or
”.
6 . State Administrative Tribunal Act 2004
amended
(1) The amendment in
this clause is to the State Administrative Tribunal Act 2004 *.
[* Act No. 54 of 2004.
For subsequent
amendments see Western Australian Legislation Information Tables for 2004,
Table 1, p. 427 . ]
(2) Schedule 1 is
amended by inserting the following in the appropriate alphabetical
position —
“ Medical Radiation Technologists Act 2006
”.
Defined Terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined Term Provision(s)
application
3
appointing body 70
approved
3
area of medical radiation technology
3
Board 3
certificate of
registration 3
commencement day
Sch. 2, cl. 1
committee 3
complainant 3
complaint
3
complaints assessment committee 3
condition 3
Corporations Act
3
Director 3
disciplinary matter
3
disqualified person 35(1)
document 3
impairment
3
impairment matter 3
impairment review committee
3
information 13(1)
insolvent 45(1)
investigator
3
legal practitioner 3
medical practitioner
3
medical radiation technologist
3, Sch. 3, cl. 5(2)
medical radiation technology
3
member Sch. 1, cl. 10
member of
the Board 3
officer 3
presiding member 3
professional indemnity
insurance 30(1)
Radiological Council
3
register 3
registered
3
registrar 3
registration
3
respondent 3
restricted title 3