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Legislative Assembly for the ACT: 1997 Week 13 Hansard (4 December) . . Page.. 4662 ..

2

Mr Speaker,

The Medical Practitioners (Amendment) Bill 1997 seeks to amend the MedicalPractitioners Act 1930 for the purposes of expanding the Medical Board of the ACT to include a community representative and a legal practitioner.

At present, all members of the Medical Board are required to be registered medical practitioners.

The inclusion of a community representative on the Medical Board will provide the public with direct involvement in Medical Board matters. This will assist in removing the perception, held by some in the community, that the Board operates in the interest of the profession rather than in the public interest. A community representative will also be able to provide input into Board deliberations from a different perspective from that of the medical practitioners on the Board.

The Medical Board is required to conduct investigations and formal Inquiries into the conduct of some medical practitioners. At present, legal assistance for these investigations and inquires is provided by the ACT Government Solicitor. This can lead to the perception of bias if the Government Solicitor also acts as prosecutor in any Inquiry.

In addition, previous outcomes of Board Inquiries have demonstrated a lack of legal knowledge in the technical aspects of conducting an Inquiry.

The inclusion of a lawyer on the Medical Board will provide the Board with the necessary legal assistance when conducting Inquiries. It will also separate the prosecution and judicial functions in an Inquiry.

This will ensure that Inquiries are conducted in accordance with natural justice principles as well as minimising the likelihood of Board decisions being overturned by Tribunals or Courts of Appeal.

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