National Registration – New
Q1:	I am currently registered (general registration) in both QLD and WA. What will happen to my registration on the following commencement dates in WA?
A:	Please note that QLD is currently the only state that has a renewal period ending 30 June each year. Accordingly, there are transitional issues arising if you are registered in both states (QLD and WA). A further complexity is that WA legislation may be delayed whereas QLD legislation will commence on 1 July 2010. Example 1 - If WA legislation is passed and commences in WA at 1 July 2010 or another date prior to 30 September 2010 Answer Your QLD registration will be due by 30 June 2010 Assuming that you renew in QLD prior to the 30 June 2010, your registration will automatically transfer to the Medical Board of Australia for 12 months until 30 June 2011 and: You will be registered under the National Law in all participating States and Territories; Your WA registration will also automatically transfer to the Medical Board of Australia on 1 July 2010 (or another date to be announced prior to 30 September 2010); Your next registration renewal will be on 30 June 2011 with the Medical Board of Australia and you will be asked to pay 15 months registration (ie 1 July 2011 to 30 September 2012) to bring you into line with the registration cycle of all medical practitioners; and You will not have to pay a renewal fee in WA on 30 September 2010. Alternatively, if you do not intend to work in Queensland between 1 July and 30 September 2010, you do not need to renew your registration in Queensland, and: o You could wait, and provided that WA joins the National Scheme before 30 September, your registration will automatically transfer to the Medical Board of Australia on the date of commencement in WA. Example 2 - If WA legislation is passed and commences in WA after 30 September 2010 Answer Your QLD registration will be due on 30 June 2010 Assuming that you renew in QLD prior to the 30 June 2010, your registration will automatically transfer to the Medical Board of Australia for 12 months until 30 June 2011. WA will not be a participating jurisdiction until the commencement date in WA, and: Your WA registration will be due under the Medical Practitioners Act 2008 (WA) by 30 September 2010; You will not be able to practice in WA between 1 October 2010 and the commencement date in WA unless you renew your registration in WA by 30 September 2010 for the period ending 30 September 2011; Assuming that you renew your registration in WA, your WA registration will automatically transfer to the Medical Board of Australia on the commencement date; and Your next registration renewal will be on 30 September 2011 with the Medical Board of Australia.
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Registrations
Q1:	Do medical practitioners have to be registered with the Medical Board before they can work in Western Australia
A:	Yes, medical practitioners must be registered with the Medical Board of Western Australia ("the Medical Board") to practise medicine in Western Australia.
Q2:	My primary medical degree was obtained outside Australia. Am I eligible for registration in Western Australia?
A:	As an International Medical Graduate ("IMG"), you can apply for Conditional Registration with the Medical Board. Visit the "Registration Information" page for further details on the available categories of registration.
Q3:	Where can I find out about English Language Testing?
A:	An IMG seeking registration must satisfy the Medical Board that they have an acceptable level of English language proficiency to enable them to communicate with patients, other medical practitioners and health professionals and for the maintenance of professional standards. The acceptable level of English language proficiency is set out in the Medical Board's policy – National English Language Proficiency Requirement for IMGs. This is a national policy. The Medical Board considers the International English Language Testing System (IELTS) as one of the appropriate language testing models for registration purposes. For further information regarding IELTS please visit www.ielts.org
Q4:	Where can I find out about Unmet Areas of Need?
A:	Unmet Areas of Need are determined for locations where there have been difficulties demonstrated in the recruitment of a medical practitioner. The declaration of Unmet Areas of Need enables the recruitment and employment of an IMG to that location for the time period of the Unmet Areas of Need determination. The Department of Health maintains a database of gazetted determinations including locations and expiry dates. This information is available on the Department of Health website.
Q5:	What are the pathways to conditional registration in Western Australia?
A:	There are three pathways to conditional registration in Western Australia: Competent Authority Pathway; Standard Pathway; Specialist Pathway. The pre-existing pathway to registration, which requires successfully completing both the AMC MCQ and the AMC clinical examination is still available to applicants seeking general (unconditional) registration in WA.
Q6:	What organisations are defined as Competent Authorities?
A:	The list of organisations defined by the AMC as Competent Authorities is available at http://www.amc.org.au/index.php/img/ca
Q7:	If I am a graduate of a medical school approved by the Australian Medical Council, in a country classified as a Competent Authority (ie. UK, Canada, U.S.A, New Zealand and Ireland), do I have to sit the AMC MCQ examination before I am eligible for registration?
A:	No, if you have been assessed and recognised by the Australian Medical Council as being eligible for the Competent Authority pathway (ie. have a recognised medical qualification and have successfully completed a period of internship) and have been granted a Advanced Standing certificate, then you do not have to sit the AMC examinations.
Q8:	If I am not eligible to apply for the Competent Authority or Specialist pathways, do I have to sit the AMC MCQ examination before I am eligible for registration?
A:	Yes, the following applies to all IMGs who apply for initial approval to commence work with an employer in WA via the Standard Pathway. All new IMGs apply for registration via the Standard Pathway need to successfully complete the AMC MCQ examination prior to their sponsoring employer making application to the Medical Board.
Q9:	How do I find out about sitting the AMC MCQ examination?
A:	Please refer to the AMC website www.amc.org.au
Q10:	How do I obtain a Certificate of Registration Status (previously known as Certificate of Good Standing)?
A:	Requests for Certificates of Registration Status should be made in writing to the Medical Board by the requesting medical practitioner, with details of the organisation requiring the Certificate. The Certificate will be forwarded directly to the requesting state Medical Board, Council or College. A fee of $50 is applicable. The Certificate is valid for a period of three months from the date of issue. The national policy Issuance of Certificate of Registration Status prevents the Medical Board from providing a copy of the Certificate directly to the practitioner. Refer to the “Registration Forms” page to download the “Application for Certificate of Registration Status” (Form K).
Q11:	Am I able to work as an intern in Western Australia?
A:	Limited internship positions are available in metropolitan teaching hospitals. Preference is given to local graduates and then if positions remain vacant, to other Australian or New Zealand graduates. For further information regarding internship positions available in WA, please contact the Postgraduate Medical Council of WA at pmcwa@health.wa.gov.au IMGs are encouraged to complete their internship in their country of origin, prior to arriving in Australia.
Q12:	I have conditional registration with the Medical Board and have been working in WA as a medical practitioner for more than 12 months. How do I apply to the Medical Board to assist with my application for an AMC Certificate under the Competent Authority Transitional Arrangements?
A:	Please complete Form AG and submit it to the Medical Board of Western Australia.
Q13:	How do I obtain a copy of my Certificate of Registration?
A:	You will be issued with a Certificate of Registration when you register or renew your registration. Should you require a duplicate of your Certificate of Registration, you will need to apply in writing to the Board. A fee of $30 is applicable. Refer to the "Registration Forms" page to download the "Application for a Duplicate Certificate of Registration" (Form AC).
Q14:	Who can certify documents?
A:	Documents can only be accepted if certified by a person described in section 12(6)(a) – (c) of the Oaths, Affidavits and Statutory Declarations Act 2005 or an authorised representative of the Registrar of the Medical Board of Western Australia.
Q15:	Where do I find out about Provider and Prescriber Numbers?
A:	For information regarding Provider and Prescriber Numbers, please contact Medicare Australia on (08) 9214 8133 or visit www.medicareaustralia.gov.au
Q16:	How do I notify the Board of a change of address?
A:	Changes to the Register cannot be made over the telephone. Changes must be notified in writing. You can notify the Board of your change of address in the following ways: Email your change of address to registrations@wa.medicalboard.com.au In writing to the Board at – PO Box 1437 SUBIACO WA 6904 Refer to the "Registration Forms" page to download the "Notification of Change of Address" (Form Q).
Q17:	What period does the registration year cover and what do I need to do to renew my registration?
A:	The registration year for medical practitioners registered in Western Australia commences on 1 October and expires on 30 September. Renewal notices will be forwarded at least 42 days prior to the due date, to the nominated postal address appearing on the Register of Medical Practitioners, advising the medical practitioner of the need to apply to renew their registration by 30 September. The name of medical practitioners who do not apply to renew their registration by 30 September must be removed from the Register. Medical practitioners are reminded that they are responsible for ensuring that their medical registration is current at all relevant times.
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Professional Standards (Notifications - discipline, impairment, competency)
Q1:	How do I make a complaint to the Medical Board about a doctor?
A:	Complaints can be made in writing, preferably on the prescribed form, signed and forwarded to the Medical Board. You should be as detailed as you can regarding the matter of your complaint. Refer to the "Complaints (Notifications) Procedure Information" page on this website for further information regarding the Board's complaints process.
Q2:	Who can make a complaint to the Medical Board of Western Australia?
A:	Anyone can make a complaint (notification) to the Board about the conduct of a medical practitioner who is working as a doctor in WA and who is therefore registered with this Board.
Q3:	How can I obtain a complaint form?
A:	To obtain a complaint form, visit the "Complaints (Notifications) Procedure Information" page and click on the link and download the notification form. The person making the notification will need to sign the notification form and the person who received the medical service will, where possible, be required to sign the authority to enable the Board to investigate the matter. If you have any problems downloading the form, please contact our Complaints Coordinator on (08) 6380 3500, who will forward a form by mail.
Q4:	Can I lodge a notification on another person's behalf?
A:	Yes. A person can lodge a notification on behalf of another person. In most situations the person who received the medical service will need to sign the consent authorisation form to enable access to personal health information. If you are acting on behalf of someone who is deceased or incapacitated, the Board needs evidence of your authority (e.g. a copy of any power of attorney documents).
Q5:	Does my complaint have to be in writing?
A:	It is preferable that your complaint is made in writing.
Q6:	Where can I get assistance in writing my complaint?
A:	If you need assistance in writing your complaint, there are a range of groups which may be able to assist: Health Consumers Council Unit 13/14 Wellington Fair 4 Lord Street, Perth WA 6000 Phone: 9221 3422 www.hconc.org.au Mental Health Law Centre 33 Brisbane Street, Perth WA 6000 Phone: 9328 8266 www.mhlcwa.org.au Office of Health Review Level 17, St Martins Tower 44 St Georges Terrace, Perth WA 6000 Phone: 9323 0600 1800 813 583 (Country Freecall) www.healthreview.wa.gov.au People with Disabilities (WA) Inc Oasis Lotteries House 37 Hampden Road, Nedlands WA Phone: 9386 6477 (Perth) 1800 193 331 (Country) www.pwdwa.org
Q7:	Can the Board investigate anonymous complaints?
A:	Usually the Board is not able to investigate a complaint if it is not satisfied as to the identity of the complainant or the doctor. The Board can only investigate when it has enough information to commence the investigation and it can be difficult to properly investigate complaints that are anonymous. You may be asked to provide further information if you have not provided enough information initially. If you would like more information about this issue before making a complaint you can telephone the Board on (08) 6380 3500.
Q8:	Is there a limit on the amount of time that can pass between when an incident occurred and when I lodge my complaint?
A:	No, there is no time limit. The Board will accept all notifications made in good faith, no matter when the incident took place.
Q9:	What happens to my complaint once it is submitted to the Medical Board?
A:	The Board will in most instances forward a copy of your complaint to the doctor(s) named in your complaint. The doctor will be requested to provide a written response to the Board within 14 days. Once the response has been received, your complaint, the doctor’s response, and any other relevant information will be considered by the Board’s Complaints Assessment Committee (“the Committee”). The Committee will make a recommendation to the Board on whether further action is required, such as referral for a disciplinary hearing, or whether to dismiss the complaint.
Q10:	Will the Medical Board represent me with my complaint against a doctor.
A:	In the event that the Board resolves to refer the complaint to a disciplinary hearing, the Board will instruct its solicitors to represent the Board in respect of your complaint.
Q11:	Can a medical practitioner sue me for filing a complaint against him or her?
A:	Many complaints about medical practitioners may be, by their very nature, potentially defamatory in substance. Theoretically, such statements can give rise to a potential liability for damages for defamation. However, this potential liability is circumscribed by the availability of defences to such claims. Relevant defences include qualified privilege, fair comment on a matter of public interest and justification (i.e. the matter complained of was true). Defence to a claim of defamation is potentially available if the statement made was not actuated by malice. Subject to the malice proviso, most complaints to the Board will not give rise to exposure for a claim for defamation. The Board cannot provide complainants with legal advice and this a matter that should be more properly raised with your lawyer.
Q12:	Does the Medical Board investigate every complaint it receives?
A:	Yes. The Board is under a statutory obligation to investigate complaints against medical practitioners registered in Western Australia at the time of the alleged incident. The Board investigates complaints entirely on their merits, regardless of the identity of the practitioner, his or her field of practice, or the identity or associations of the complainant.
Q13:	What kinds of complaints does the Medical Board handle?
A:	The Board can only act on complaints that concern potential breaches of the Medical Practitioners Act 2008 ("the Act") by a medical practitioner registered in Western Australia at the time of the alleged incident. If a complaint is outside the jurisdiction of the Board, the Board may (with your permission) refer the matter to the appropriate authority such as the Office of Health Review.
Q14:	Does the Board accept complaints about medical reports?
A:	Yes. You can lodge a complaint about doctors who excessively delay writing a report or who fail to write one. However the Board cannot direct a practitioner to change an opinion expressed in a medical report.
Q15:	Are investigations carried out confidentially?
A:	Yes. Information given by people making a notification, or by people asked to provide a report relating to an investigation, is treated confidentially. However, to ensure that its investigations are thorough and fair, the Board needs to obtain evidence from both the person making the complaint and the doctor involved. This usually involves the Board sending a copy of the notification form you have provided (and/or your letter detailing your concerns), and other relevant material, to the doctor for comment. When serious sexual or other allegations are involved, the Board may decide not to tell the doctor the name of the complainant or the detail of the concerns raised at the early stage of an investigation. If this applies to your concerns, the Board will discuss the matter with you.
Q16:	What type of disciplinary action is available to the Board?
A:	The relevant provisions regarding disciplinary action against a medical practitioner are set out in the Act. The Board will proceed with disciplinary action to the Professional Standards Committee (PSC) or the State Administrative Tribunal (SAT) where it appears that a doctor: is guilty of not complying with or contravening a condition or restriction imposed by the Board applying to that person’s registration or the practise of medicine by that person; has acted carelessly, incompetently or improperly; has breached the Act; has provided services that were excessive, unnecessary or not reasonably necessary for the recipient's wellbeing; has been convicted of an offence the nature of which renders the person unfit to practise as a medical practitioner; has engaged in conduct that falls short of the standard that i) a member of the public is entitled to expect; or ii) that a member of the medical profession would reasonably expect; has engaged in sexual misconduct. The PSC is constituted by the Board and includes non-Board panel members appointed by the Minister for Health. The PSC deals with matters which the Board considers do not warrant a proceeding before the SAT. However, the matter may be referred to the SAT should the PSC or the Board consider it appropriate to do so. The recommendations that the PSC may make to the Board include: that the Board caution or reprimand the medical practitioner; that the medical practitioner pay a fine to the Board of an amount not exceeding $5,000; that the Board impose restrictions or conditions or both on the practise of medicine by the medical practitioner. The SAT is an independent body that hears disciplinary matters brought by vocational boards. In dealing with a matter, the SAT may make one or more of the following determinations: order the removal of the name of the medical practitioner from the Register of Medical Practitioners in WA ("the Register"); order that the registration of the medical practitioner be suspended for a period not exceeding 2 years; impose conditions on the practitioner’s registration; impose a penalty not exceeding $25,000; caution or reprimand the medical practitioner. A medical practitioner may be referred for a competency assessment if it is determined that he or she is does not have sufficient knowledge and skill to practise medicine safely and competently. A medical practitioner may be referred to the Impairment Review Committee ("IRC") and undergo a medical examination if it is determined that he or she is: adversely affected by a dependence on alcohol or any other drug; or suffering from an impairment (physical or mental) to the extent that the practitioner's ability to practise medicine is or is likely to be affected adversely.
Q17:	How do I find out about the progress of my complaint?
A:	The Board will keep you informed of progress of your complaint, particularly when the matter is referred to the Committee or the Board for consideration. If you have any queries, you are welcome to contact the Case Manager assigned to your complaint.
Q18:	Can a doctor appeal the outcome of a disciplinary action?
A:	If the matter was heard by the Professional Standards Committee, the doctor may apply to the State Administrative Tribunal for a review of the decision. If the matter was dealt by the State Administrative Tribunal, a party (being the doctor or the Board) may appeal the decision of the Tribunal to the Supreme Court.
Q19:	Am I eligible for compensation or other relief if the Medical Board recommends disciplinary action against a medical practitioner?
A:	The Medical Board cannot award compensation or damages for injury. If you believe you are entitled to compensation because of the actions of a doctor, you may pursue the matter through the civil jurisdiction (seek legal advice) or the Office of Health Review.
Q20:	What can I do if I am not satisfied with the outcome/process of my complaint to the Board?
A:	Once the Board has examined all the information before it and resolved that it does not appear that further action is warranted in relation to a disciplinary, competency or impairment matter, the Board will dismiss the complaint and provide reasons for the decision. The Board will not usually re-open a complaint or take any further action in the matter unless new information is received that warrants this action. If you are not satisfied with the process involved you may write to the Ombudsman.
Q21:	Do I need a solicitor to handle my complaint?
A:	No. You are not required to have a solicitor to handle your complaint. A Case Manager will manage your complaint and should the complaint proceed to a hearing, the Board may instruct a solicitor to represent the Board in respect of your complaint.
Q22:	Does the Board offer advice to complainants (notifiers) or practitioners?
A:	The Board can offer information about its role, processes and possible outcomes. It is not able to offer advice to complainants or medical practitioners about medical or legal issues. Complainants can seek legal advice from their own solicitor, while medical practitioners seeking medical or legal advice can contact their medical insurance provider, their solicitor, their Specialist College or the Australian Medical Association (if they are a member).
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General
Q1:	Who owns my medical records?
A:	The medical practitioner, in the case of the solo practice, or the practice in the case of a corporate practice
Q2:	How can I obtain medical records?
A:	Your former doctor is expected to, as continuity of care, to provide a summary or report of your medical record to the new treating doctor. To arrange this, speak or write to your former doctor, provide the name of your new doctor and request that the records be transferred. Also, provide your new doctor with the address and phone number of your old doctor Some doctors may charge a fee for handling and copying their records, especially if your history is long and / or complex.
Q3:	I have changed my GP - how can my new doctor obtain my medical records?
A:	Your former medical practitioner is obliged to provide a summation of the medical record to the new treating practitioner. You will be required to provide authority to your former medical practitioner to release the records to your new treating practitioner. Your former practitioner is able to charge a “reasonable fee” for the processing/photocopying of your records. Should you not have the contact details of your former doctor, you can write to the Board who will forward your request to the doctor’s last known postal address.
Q4:	How do I lodge a Freedom of Information Request?
A:	The Western Australian Freedom of Information Act 1992 gives you the right to apply for access to documents held by the Medical Board. For further advice or information regarding FOI applications you can visit the Office of the Information Commissioner website www.foi.wa.gov.au The Board will assist in providing access to documents at the lowest reasonable cost. The application must: be in writing; give enough detail to identify the requested documents; and provide a contact address and where possible a telephone number. There are no fees for personal information about yourself. Applications for other documents require a $30 application fee to be paid when the application is lodged. There may be other charges imposed by the Board for dealing, preparing and photocopying the application. If these charges are likely to exceed $25, the Board will provide you with an estimate of charges and ask whether you wish to proceed with the application.
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