Division 1129 Board constituted as a corporation
(1) There is constituted by this Act a corporation under the corporate name of the New South Wales Medical Board.(2) The Board is a continuation of, and the same legal entity as, the New South Wales Medical Board constituted under the Medical Practitioners Act 1938.
(1) The Board is to consist of 20 members who are to be appointed by the Governor.(2) Of the members:(a) 1 is to be a registered medical practitioner who is an officer of the Department of Health or an employee of a public health organisation within the meaning of the Health Services Act 1997 (not being a person nominated under any other paragraph), and(b) 1 is to be an Australian lawyer nominated by the Minister, and(c) 2 are to be registered medical practitioners nominated by the Australian Medical Association (NSW) Limited, and(d) 1 is to be a person nominated by the Community Relations Commission, and(e) 1 is to be a registered medical practitioner nominated jointly by the Senate of the University of Sydney, the Council of the University of New South Wales and the Council of the University of Newcastle, and(f) 8 are to be registered medical practitioners nominated respectively by the following bodies:• The Royal Australasian College of Physicians, New South Wales State Committee,• The Royal Australian College of Obstetricians and Gynaecologists, New South Wales State Committee,• The Royal Australasian College of Surgeons, New South Wales State Committee,• The Royal Australian College of General Practitioners, New South Wales Faculty,• The Royal Australian College of Medical Administrators, New South Wales State Committee,• The Royal Australian and New Zealand College of Psychiatrists, New South Wales Branch,• The Royal College of Pathologists of Australasia,• The Royal Australasian College of Radiologists, and(g) 6 are to be persons nominated by the Minister, not less than 4 of whom are to be persons who, in the opinion of the Minister, are conversant with the interests of patients as consumers of medical services.(3) Schedule 3 has effect with respect to the members and procedure of the Board.
131 Nominations for membership
(1) If a body from whom a nomination is required under section 130 does not nominate a registered medical practitioner within such time and in such manner as may be specified by the Minister by notice in writing to the body, the Governor may instead appoint to be a member a registered medical practitioner nominated by the Minister.(2) A registered medical practitioner is not eligible to be nominated by the Minister under this section instead of a practitioner nominated by a medical body unless the practitioner nominated by the Minister is a member of that body.
(1) The Board has and may exercise the functions conferred or imposed on it by or under this or any other Act.(2) In addition, the Board has the following functions:(a) to promote and maintain high standards of medical practice in New South Wales,(b) to advise the Minister on matters relating to the registration of medical practitioners, standards of medical practice and any other matter arising under or related to this Act or the regulations,(c) to publish and distribute information concerning this Act and the regulations to registered medical practitioners and other interested persons,(d) to provide counselling services for registered medical practitioners and medical students.
(1) The Board may establish committees to assist it in connection with the exercise of any of its functions.(2) The members of a committee need not be members of the Board.(3) The procedure for the calling of meetings of any such committee and for the conduct of business at those meetings is as determined by the Board or (subject to any determination of the Board) by the committee.
134 Board’s complaint functions may be exercised by 2 or more members
The Board may appoint any 2 or more members of the Board to exercise the functions of the Board under Division 3 (How complaints are to be dealt with) of Part 4. The referral of a complaint by the members appointed is taken to be a referral by the Board.
(1) An annual report prepared by the Board under the Annual Reports (Statutory Bodies) Act 1984 must include particulars of:(a) all complaints received by the Board during the year to which it relates or received by the Board before that year but which (in the opinion of the Board) had not, at the commencement of that year, been finally disposed of, and(b) the action taken during that year in relation to complaints received by the Board and the results of that action up to the end of that year, and(c) all matters referred to a Performance Review Panel for performance review during that year, or referred to such a Panel before that year but which (in the opinion of the Board) had not, at the commencement of that year, been finally disposed of, and(d) the results of all performance reviews conducted by Performance Review Panels that were finally disposed of during that year.(2) This section does not require the identity of a complainant, a person who notifies a professional performance matter to the Board, any person about whom a complaint is made or who is the subject of a performance review or any other person to be disclosed in an annual report.
135A Information to be made available to public
(1) The Board is to ensure that the following information, in relation to a registered medical practitioner, is made available to the public on request:(a) any conditions imposed on the registration of the practitioner,(b) any other order made in respect of the practitioner under this Act.(2) This section does not require the Board to disclose anything that the Board considers relates solely or principally to the physical or mental capacity of a person to practise medicine.
136 Delegation by Board and Registrar
(1) The Board may delegate to a person the exercise of any of its functions, other than this power of delegation.(2) The Registrar may delegate to a person the exercise of:(a) any of the functions of the Registrar under this Act, other than this power of delegation, or(b) any functions delegated to the Registrar by the Board, unless the Board otherwise provides in its instrument of delegation to the Registrar.(3) In this section, a reference to a person includes a reference to a group of persons, including a committee established under section 133.
137 Service of documents on Board
A document (other than a complaint made under Part 4) may be served on the Board by leaving it at or sending it by post to any office of the Board. This does not affect the operation of any provision of a law or of the rules of a court authorising a document to be served on the Board in any other manner.
138 Authentication of certain documents
Every certificate, summons, process, demand, order, notice, statement, direction or other document requiring authentication by the Board may be sufficiently authenticated without the seal of the Board if signed by:(a) the President or the Registrar, or(b) any officer of the Board authorised to do so by the Registrar.
139 Recovery of charges etc by the Board
Any charge, fine, fee or other money due to the Board may be recovered by the Board as a debt in a court of competent jurisdiction.
140 Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given to the contrary) of:(a) the constitution of the Board, or(b) any resolution of the Board, or(c) the appointment of, or the holding of office by, any member of the Board, or(d) the presence of a quorum at any meeting of the Board.