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8 - The regulation of the medical profession

Kerry J. Breen
Affiliation:
National Health and Medical Research Council
Stephen M. Cordner
Affiliation:
Monash University, Victoria
Colin J. H. Thomson
Affiliation:
University of Wollongong, New South Wales
Vernon D. Plueckhahn
Affiliation:
Monash University, Victoria
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Summary

To practise medicine in Australia doctors are required by law to be registered with the relevant state or territory medical board. For convenience, in this chapter the term ‘medical board’ will be used for all the states and the territories, although the name of the first registration body established in Australia, in 1837, is the Medical Council of Tasmania. Also, in this chapter the term ‘state’ will apply to both states and the territories. The addresses and websites of the medical boards are provided in Table 8.1.

The requirements for registration are practically identical in each state. Via the process of ‘mutual recognition’ (explained later in this chapter), a doctor who is registered in one state has an automatic right to be registered in any other state, subject to completing certain procedural requirements and paying the relevant fee. Any conditions or limitations that apply to the registration in the original state will also apply in the second state.

The main purpose of registration is to protect the public. This is achieved through the powers granted to medical boards to:

  • determine that applicants for registration possess recognised medical qualifications and are of good character

  • investigate allegations of unprofessional conduct and discipline doctors found guilty

  • suspend or place conditions upon the registration of doctors whose capacity to practise is impaired by illness, and

  • in some states, place conditions upon the registration of doctors whose practice performance (competence) is found to be unsatisfactory.

These powers are mostly identical between the states, although some structural and procedural differences exist and there is considerable variation in how complaints made against doctors are handled (see also Chapter 9).

Type
Chapter
Information
Good Medical Practice
Professionalism, Ethics and Law
, pp. 124 - 144
Publisher: Cambridge University Press
Print publication year: 2010

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References

Breen, K, Frank, I, Walters, T. The Australian Medical Council: a view from the inside. Int Med Journal 2001; 31: 243–8.CrossRefGoogle ScholarPubMed
Allinson v General Medical Council of Medical Education and Registration (1894) 1QB750 at 763 per Lopes LJ.
R v General Medical Council (1930) 1 KB 562 at 569 per Scrutton LJ.
Hartnett v The Medical Board of Victoria (1941) VLR 289 per O'Bryan J.
Pillai v Messiter (No. 2) (1989) NSWLR 197.
Briginshaw and Briginshaw (1938) 60 CLR 336.
,Medical Board of Queensland. Unconventional Medical Practice. http://www.medicalboard.qld.gov.au/resources/

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