Title: Medical Practitioners Regulations 1999
Subject: Medical PractitionersAct 1983
Author: Office of Parliamentary Counsel
Category: historical
Document comments: 1.10.2003 to 13.7.2005

Historical version: 1.10.2003 to 13.7.2005

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Part 1—Preliminary

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Preliminary—Part 1

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Part 2—Registration
Division 1—Registration of a natural person

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Registration—Part 2
Registration of a natural person—Division 1

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Part 2—Registration
Division 2—Registration of a company practitioner

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Registration—Part 2
Registration of a company practitioner—Division 2

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Part 3—Information relating to practice

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Information relating to practice—Part 3

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Part 4—Miscellaneous

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Miscellaneous—Part 4

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Schedule 1—Forms

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Forms—Schedule 1

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Schedule 2—Qualifications for general practitioners

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Qualifications for general practitioners—Schedule 2

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Schedule 3—Specialities

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Specialities—Schedule 3

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Schedule 4—Qualifications for specialists

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Qualifications for specialists—Schedule 4

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Schedule 5—Fees

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Fees—Schedule 5

Medical Practitioners Regulations 1999—1.10.2003 to 13.7.2005
Legislative history

1.10.2003 to 13.7.2005—Medical Practitioners Regulations 1999
Legislative history

South Australia
Medical Practitioners Regulations 1999
under the Medical Practitioners Act 1983

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Revocation
4	Interpretation
5	Forms
Part 2—Registration
Division 1—Registration of a natural person
6	Application for registration or reinstatement of registration by natural person^1
7	Qualifications for general registration
8	Qualifications for specialist registration
Division 2—Registration of a company practitioner
9	Application for registration by a company
10	Requirements relating to name of company practitioner
11	Form of notice of change of directors or members of company practitioner
12	Form of annual return of company practitioner
13	Notice relating to employees of company practitioner
Part 3—Information relating to practice
14	Prescribed information relating to employment
15	Prescribed information relating to unfitness
16	Prescribed information relating to interests in hospitals
17	Prescribed information relating to claims against practitioners
Part 4—Miscellaneous
18	Prescribed circumstances
19	Fees
Schedule 1—Forms
Schedule 2—Qualifications for general practitioners
Schedule 3—Specialities
Schedule 4—Qualifications for specialists
Schedule 5—Fees
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Medical Practitioners Regulations 1999.
2—Commencement
These regulations will come into operation on 1 September 1999.
3—Revocation
The Medical Practitioners Regulations 1983 (see Gazette 11.8.1983 p341), as varied, are revoked.
4—Interpretation
In these regulations—
Act means the Medical Practitioners Act 1983;
company practitioner means a company that is registered as a medical practitioner;
practitioner means a medical practitioner and includes a company practitioner.
5—Forms
The forms set out in Schedule 1 must—
	(a)	be used for the purposes specified in that Schedule; and
	(b)	contain the information required by, and be completed in accordance with, the instructions contained in the forms.

Part 2—Registration
Division 1—Registration of a natural person
6—Application for registration or reinstatement of registration by natural person^1
	(1)	An application by a natural person for registration on the general or specialist register must be lodged with the Board in the form set out in Form 1 of Schedule 1 and be accompanied by—
	(a)	the supporting evidence and documents referred to in the form; and
	(b)	the appropriate fee for registration set out in Schedule 5; and
	(c)	the appropriate annual practice fee set out in Schedule 5.
	(2)	An application by a natural person for reinstatement of registration on the general or specialist register must be lodged with the Board in the form set out in Form 2 of Schedule 1 and be accompanied by—
	(a)	the supporting evidence and documents referred to in the form; and
	(b)	the appropriate fee for reinstatement of registration set out in Schedule 5; and
	(c)	the appropriate annual practice fee set out in Schedule 5.
Note—
1	The Board may, under section 16 of the Act, summons a person to appear before the Board on an application for registration or reinstatement of registration.
7—Qualifications for general registration
A natural person, to be registered on the general register, must—
	(a)	have—
	(i)	one or more of the qualifications set out in Schedule 2; or
	(ii)	a certificate issued by the Australian Medical Council or the Australian Medical Examining Council certifying that the person has satisfactorily completed the examination conducted by that body; and
	(b)	produce evidence that he or she has satisfactorily completed a period of internship training in an institution recognised by the Board for the purpose; and
	(c)	be at least 21 years of age.
8—Qualifications for specialist registration
	(1)	The branches of medicine in relation to which a practitioner may be registered as a specialist are set out in Schedule 3.
	(2)	A practitioner, to be registered on the specialist register for a particular speciality, must—
	(a)	have the qualifications set out in Schedule 4 for registration for that speciality; or
	(b)	hold a certificate or other document issued by the Australian Medical Council stating that the person has attained a satisfactory standard for recognition as a specialist in that speciality.

Division 2—Registration of a company practitioner
9—Application for registration by a company
An application by a company for registration on the general register must be lodged with the Board in the form set out in Form 3 of Schedule 1 and be accompanied by—
	(a)	the constitution of the company; and
	(b)	the appropriate registration fee set out in Schedule 5; and
	(c)	the appropriate annual practice fee set out in Schedule 5.
10—Requirements relating to name of company practitioner
The following requirements must be observed by a company practitioner with regard to its name:
	(a)	the name must be appropriate for the company practitioner; and
	(b)	the name must not be such as to cause the company practitioner to infringe any ethical standards of the medical profession.
11—Form of notice of change of directors or members of company practitioner
A notice required under section 38(1)(a) of the Act must be in the form set out in Form 4 of Schedule 1.
12—Form of annual return of company practitioner
An annual return required under section 38(1)(b) of the Act must be in the form set out in Form 5 of Schedule 1.
13—Notice relating to employees of company practitioner
	(1)	A company practitioner must, within 28 days after a practitioner (not being a director of the company) begins or ceases employment with the company practitioner, notify the Board of that fact and of—
	(a)	the full name and residential address of that practitioner; and
	(b)	the date on which that practitioner began or ceased employment (as the case may be).
	(2)	A company that fails to comply with this regulation is guilty of an offence.
Maximum penalty: $1 000.

Part 3—Information relating to practice
14—Prescribed information relating to employment
For the purposes of section 49 of the Act, the following information is prescribed in relation to a practitioner's employment and practice:
	(a)	the address of the practitioner's usual place of work;
	(b)	the practitioner's residential address and any other residential address of the practitioner during the preceding 12 month period;
	(c)	the full name and business address of the practitioner's employer;
	(d)	the practitioner's business telephone and facsimile numbers;
	(e)	the practitioner's electronic mail address (if any);
	(f)	details regarding the practitioner's employment including—
	(i)	whether the employment is full-time or part-time and the number of hours worked per week; and
	(ii)	whether the practitioner was retired or unemployed for any period during the preceding 12 months; and
	(iii)	the nature of the practitioner's practice, or the practice (or practices) in which the practitioner is employed;
	(g)	details of professional indemnity insurance covering the practitioner and of any medical defence association of which the practitioner is a member;
	(h)	the name of any other registering authority with which professional registration is held by the practitioner;
	(i)	details of any disciplinary action taken against the practitioner;
	(j)	details of any proposals that will have the effect of changing any information supplied to the Board in accordance with section 49 of the Act.
15—Prescribed information relating to unfitness
For the purposes of section 52 of the Act, the following information is prescribed in relation to a practitioner who is a patient of another practitioner:
	(a)	the likely duration and prognosis of the patient's condition;
	(b)	any finding which suggests that the patient ought not to practise in a particular branch of medicine;
	(c)	if the patient has received or is receiving treatment for a psychiatric condition—whether the patient has at any time been voluntarily admitted to, or otherwise detained in, an approved treatment centre (within the meaning of the Mental Health Act 1993).
16—Prescribed information relating to interests in hospitals
For the purposes of section 71 of the Act, the following information is prescribed in relation to a practitioner or a prescribed relative of a practitioner who has an interest in a hospital:
	(a)	if the person is—
	(i)	a practitioner—the full name of the practitioner; or
	(ii)	a prescribed relative of a practitioner—
	(A)	the full name of the prescribed relative; and
	(B)	the full name of the related practitioner; and
	(C)	a statement of the nature of the person's relationship to the practitioner;
	(b)	the person's residential address;
	(c)	the name and address of the hospital in which the interest is held;
	(d)	the type of interest held in the hospital;
	(e)	if the interest consists of the holding of shares in the hospital, the following particulars of all shares beneficially owned:
	(i)	a description of the shares (including the number, nominal value and class); and
	(ii)	particulars of any voting rights exercisable at a meeting of the members of shareholders;
	(f)	the type of benefit derived from the interest.
17—Prescribed information relating to claims against practitioners
For the purposes of section 72 of the Act, the following information is prescribed in relation to a practitioner against whom a claim for damages or other compensation for alleged negligence committed in the course of medical practice has been made:
	(a)	full details of the alleged negligence;
	(b)	the nature of the treatment or procedure alleged to have been carried out negligently;
	(c)	the address of the premises at which the alleged negligence took place;
	(d)	the time and date of the alleged negligence;
	(e)	details of any judgement or settlement in respect of the claim, including the amount of damages or compensation either awarded by a court or agreed to in settlement of the claim;
	(f)	details of the injury incurred by the claimant as a result of the alleged negligence, including whether death, permanent incapacity or impairment occurred as a result.

Part 4—Miscellaneous
18—Prescribed circumstances
For the purposes of section 31(2)(b) of the Act, medical treatment provided through the instrumentality of a qualified person working for or on behalf of the Royal Flying Doctor Service of Australia (Central Section) Incorporated constitutes medical treatment provided in prescribed circumstances.
19—Fees
	(1)	The fees set out in Schedule 5 are payable as specified in that Schedule.
	(2)	Pursuant to section 45(4) of the Act, a practitioner is exempt from paying a registration fee and an annual practice fee if—
	(a)	the practitioner is registered as a practitioner in another State or Territory of the Commonwealth and a registration fee has been paid in respect of that registration; and
	(b)	the practitioner—
	(i)	is employed as a full-time medical officer of the Commonwealth Government; or
	(ii)	is a full-time employee of the Flying Doctor Service of Australia (S.A. Branch); or
	(iii)	satisfies the Board that registration is for a specific purpose and the practitioner's name will be removed from the general register within one month after entry on the register.

Schedule 1—Forms

Schedule 2—Qualifications for general practitioners

Australia
Institution | Name of Qualification
The University of Adelaide | Bachelor of Medicine and Surgery
The Flinders University of South Australia | Bachelor of Medicine and Surgery
The University of Melbourne | Bachelor of Medicine and Surgery
Monash University | Bachelor of Medicine and Surgery
Royal Australian College of General Practitioners | Fellowship Royal Australian College of General Practitioners
University of Newcastle | Bachelor of Medicine
University of New South Wales | Bachelor of Medicine and Surgery
University of Queensland | Bachelor of Medicine and Surgery
University of Sydney | Bachelor of Medicine and Surgery
University of Tasmania | Bachelor of Medicine and Surgery
University of Western Australia | Bachelor of Medicine and Surgery

New Zealand
Institution | Name of Qualification
University of New Zealand | Bachelor of Medicine and Surgery
University of Otago | Bachelor of Medicine and Surgery
University of Auckland | Bachelor of Medicine and Surgery

Schedule 3—Specialities
Anaesthetics
Anatomical Pathology
Cardio-Thoracic Surgery
Cardiology
Clinical Chemistry
Clinical Genetics
Clinical Haematology
Clinical Immunology (including Allergy)
Clinical Pharmacology
Cytopathology
Dermatology
Diagnostic Radiology
Diagnostic Ultrasound
Emergency Medicine
Endocrinology
Forensic Pathology
Gastroenterology
General Medicine
General Pathology
General Surgery
Geriatrics
Gynaecological Oncology
Haematology
Immunology
Infectious Diseases
Intensive Care
Medical Administration
Medical Oncology
Microbiology
Neurology
Neurosurgery
Nuclear Medicine
Obstetrics and Gynaecology
Obstetrical and Gynaecological Ultrasound
Occupational Medicine
Ophthalmology
Orthopaedic Surgery
Otorhinolaryngology
Paediatric Medicine
Paediatric Surgery
Plastic and Reconstructive Surgery
Psychiatry
Public Health Medicine
Radiation Oncology
Rehabilitation Medicine
Renal Medicine
Reproductive Endocrinology & Infertility
Rheumatology
Thoracic Medicine
Ultrasound
Urogynaecology
Urology
Vascular Surgery

Schedule 4—Qualifications for specialists

Principal Specialty | Sectional Specialty | Qualifications

ANAESTHETICS

Intensive Care

Faculty of Anaesthetists of the Royal Australasian College of Surgeons—Fellowship
or
Australian and New Zealand College of Anaesthetists—Fellowship
or
Faculty of Intensive Care, Australian and New Zealand College of Anaesthetists—Fellowship

DERMATOLOGY | | Australasian College of Dermatologists—Fellowship
DIAGNOSTIC RADIOLOGY | Nuclear Medicine | Royal Australasian College of Radiologists—Fellowship
| Diagnostic Ultrasound | Royal Australasian College of Radiologists—Fellowship and Australian Society for Ultrasound in Medicine—Diploma
EMERGENCY MEDICINE | | Australasian College for Emergency Medicine—Fellowship
INTERNAL MEDICINE | General Medicine | Royal Australasian College of Physicians—Fellowship or Membership
| Cardiology |
| Clinical Genetics |
| Clinical Haematology |
| Clinical Immunology (including Allergy) |
| Clinical Pharmacology |
| Diagnostic Ultrasound | Royal Australasian College of Physicians—Fellowship or Membership and Australian Society for Ultrasound in Medicine—Diploma
| Endocrinology | Royal Australasian College of Physicians—Fellowship or Membership
| Gastroenterology |
| Geriatrics |
| Infectious Diseases |
| Intensive Care |
| Medical Oncology |
| Neurology |
| Nuclear Medicine |
| Paediatric Medicine |
| Public Health Medicine | Australian Faculty of Public Health Medicine of the Royal Australasian College of Physicians—Fellowship
| Renal Medicine | Royal Australasian College of Physicians—Fellowship or Membership
| Rheumatology |
| Thoracic Medicine |
MEDICAL ADMINISTRATION | | Royal Australian College of Medical Administrators—Fellowship
OBSTETRICS & GYNAECOLOGY | | Royal Australian College of Obstetricians and Gynaecologists—Fellowship
| Diagnostic Ultrasound | Royal Australian College of Obstetricians and Gynaecologists—Fellowship and Australian Society for Ultrasound in Medicine—Diploma in Diagnostic Ultrasound
| Gynaecological Oncology | Royal Australian College of Obstetricians and Gynaecologists—Fellowship and Certificate in Gynaecological Oncology
| Obstetrical and Gynaecological Ultrasound | Royal Australian College of Obstetricians and Gynaecologists—Fellowship and Certificate in Gynaecological Ultrasound
| Urogynaecology | Royal Australian College of Obstetricians and Gynaecologists—Fellowship and Certificate in Urogynaecology
| Reproductive Endocrinology and Infertility | Royal Australian College of Obstetricians and Gynaecologists—Fellowship and Certificate in Reproductive Endocrinology and Infertility
OCCUPATIONAL MEDICINE | | Australasian College of Occupational Medicine—Fellowship or Faculty of Occupational Medicine, Royal Australasian College of Physicians—Fellowship
OPHTHALMOLOGY | | Royal Australasian College of Surgeons—Fellowship or Royal Australian College of Ophthalmologists—Fellowship
OTORHINOLARYNGOLOGY | | Royal Australasian College of Surgeons—Fellowship
PATHOLOGY | General Pathology | Royal College of Pathologists of Australasia—Fellowship
| Anatomical Pathology |
| Clinical Chemistry |
| Cytopathology |
| Forensic Pathology |
| Haematology |
| Immunology |
| Microbiology |
PSYCHIATRY | | Royal Australian and New Zealand College of Psychiatrists—Fellowship
RADIATION ONCOLOGY | | Royal Australasian College of Radiologists—Fellowship or Diploma
REHABILITATION MEDICINE | | Australasian College of Rehabilitation Medicine—Fellowship
SURGERY | General Surgery | Royal Australasian College of Surgeons—Fellowship
| Cardiothoracic Surgery |
| Diagnostic Ultrasound | Royal Australasian College of Surgeons—Fellowship and Australian Society for Ultrasound in Medicine—Diploma in Ultrasound
| Neurosurgery | Royal Australasian College of Surgeons—Fellowship
| Orthopaedic Surgery |
| Paediatric Surgery |
| Plastic & Reconstructive Surgery |
| Urology |
| Vascular Surgery |

Schedule 5—Fees

Registration fee for registration of practitioner (other than intern) on general register | | |
1 | Registration fee for registration of practitioner on general register (full registration or limited registration for purposes other than internship training) | | $300
Registration fee for registration of intern on general register | | |
2 | Registration fee for limited registration on general register for the purposes of internship training | | $100
Registration fee for registration of practitioner on specialist register | | |
3 | Registration fee for registration of practitioner on specialist register (full or limited registration) | | $100
Reinstatement fee | | |
4 | Reinstatement fee for reinstatement on general register, where practitioner's name was removed— | |
| •	for failure to pay prescribed annual practice fee before date fixed by Board | | $300
| •	for any other reason | | $200
| If the practitioner is to be reinstated on the specialist register as well as the general register, no further fee is payable for reinstatement on the specialist register. | |
5 | Reinstatement fee for reinstatement on specialist register, where practitioner has remained registered on the general register | | $100
Additional register entries | | |
6 | For each additional qualification entered on register | | $20
Inspection of register | | |
7 | For inspection of register | | $10
Annual practice fee for practitioner (other than intern or practitioner over age of 70 years) | | |
8 | Annual practice fee for practitioner (other than intern or natural person practitioner over age of 70 years) for period— | |
| •	commencing at any time from 1 October to 31 December (inclusive) in a year and ending the following 30 September | | $300
| •	commencing at any time from 1 January to 31 March (inclusive) in a year and ending the following 30 September | | $250
| •	commencing at any time from 1 April to 30 June (inclusive) in a year and ending the following 30 September | | $200
| •	commencing at any time on or after 1 July in a year and ending the following 30 September | | $150
Annual practice fee for natural person practitioner over age of 70 years | | |
9 | Annual practice fee for natural person practitioner over the age of 70 years | | $50
Annual practice fee for intern | | |
10 | Annual practice fee for practitioner undertaking internship training— | |
| •	for initial period ending on 31 December | | Nil
| •	for each subsequent calendar year (or part of a calendar year) | | $10

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations and variations
New entries appear in bold.
Year | No | Reference | Commencement
1999 | 174 | Gazette 26.8.1999 p986 | 1.9.1999: r 2
1999 | 184 | Gazette 16.9.1999 p1167 | 16.9.1999: r 2
2001 | 148 | Gazette 28.6.2001 p2478 | 1.10.2001: r 2
2002 | 131 | Gazette 27.6.2002 p2734 | 1.10.2002: r 2
2003 | 151 | Gazette 19.6.2003 p2616 | 1.10.2003: r 2
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement
Sch 5 | |
cl 1 | varied by 131/2002 r 3(a) | 1.10.2002
cl 8 | substituted by 184/1999 r 3(a) | 16.9.1999
| substituted by 148/2001 r 3(a) | 1.10.2001
| substituted by 131/2002 r 3(b) | 1.10.2002
| varied by 151/2003 r 4 | 1.10.2003
cl 9 | varied by 148/2001 r 3(b) | 1.10.2001
cl 11 | deleted by 184/1999 r 3(b) | 16.9.1999

[1.2.2011] This version is not published under the Legislation Revision and Publication Act 2002

This version is not published under the Legislation Revision and Publication Act 2002 [1.2.2011]