Health Practitioners Review Act 2001


No. 7 of 2001






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HEALTH PRACTITIONERS REVIEW
ACT 2001

Health Practitioners Review Act 2001 Arrangement of Sections





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HEALTH PRACTITIONERS REVIEW ACT 2001

Arrangement of Sections
Section

PART I - PRELIMINARY 5
1 Short title and commencement.........................................................................5
2 Interpretation....................................................................................................6

PART II -THE HEALTH PRACTITIONERS REVIEW COUNCIL 7
3 Health practitioners review council .................................................................7
4 Functions of the Council..................................................................................7
5 Composition of the Council .............................................................................7
6 Tenure ..............................................................................................................7
7 Seal and procedure...........................................................................................8
8 Minister's power to co-opt ...............................................................................8
9 Powers upon conducting review ......................................................................8
10 Nature of review ..............................................................................................8
11 Orders...............................................................................................................9

PART III-APPEALS 9
12 Appeal to Minister ...........................................................................................9
13 Appeal to Supreme Court.................................................................................9

PART IV - MISCELLANEOUS 9
14 Regulations ......................................................................................................9
15 Repeal and saving ............................................................................................9


Health Practitioners Review Act 2001 Section 1





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HEALTH PRACTITIONERS REVIEW ACT 2001

No. 7 of 2001

AN ACT TO ESTABLISH HEALTH PRACTITIONERS REVIEW
COUNCIL, TO PROVIDE FOR THE REVIEW OF DECISIONS OF

BOARDS ESTABLISHED TO REGISTER HEALTH PRACTITIONERS
AND PROVIDE FOR THE REVIEW OF DECISIONS OF THE BOARDS
REGARDING COMPLAINTS AND DISCIPLINARY PROCEEDINGS,

AND FOR ANCILLARY PURPOSES

I assent,
TAUFA'AHAU TUPOU IV,

31st August, 2001

[11th July 2001]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:

PART I - PRELIMINARY

1 Short title and commencement
This Act may be cited as the Health Practitioners Review Act 2001, and shall
come into force on a date to be proclaimed by His Majesty in Council.

Section 2 Health Practitioners Review Act 2001





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2 Interpretation
In this Act, unless the context otherwise requires —

“assistant pharmacist” means a person registered as an assistant
pharmacist under the Pharmacy Act 2001;

“Board” means the Medical and Dental Practice Board, the Nurses Board,
or the Pharmacy Board and any other Board subsequently created to
register health practitioners, to receive complaints, and to hear matters of
professional conduct;

“conduct” means any act or omission;

“Council” means the Health Practitioners Review Council established
under Part II of this Act;

“dental therapist” means a person registered as a dental therapist under
the Medical and Dental Practice Act 2001;

“dentist” means a person registered as a dentist under the Medical and
Dental Practice Act 2001;

“health officer” means a person registered as a health officer under the
Medical and Dental Practice Act 2001;

“health practitioner” means a registered medical practitioner, health
officer, dentist, dental therapist, nurse, midwife, pharmacist, assistant
pharmacist and such other practitioner as may be required by law to
register before practice;

“medical practitioner” means a person registered as a medical
practitioner under the Medical and Dental Practice Act 2001;

“midwife” means a nurse registered as a midwife under the Nurses Act
2001;

“Minister” means the Minister of Health;

“nurse” means a person registered as a nurse under the Nurses Act 2001;

“pharmacist” means a person registered as a pharmacist under the
Pharmacy Act 2001;

“professional misconduct” in relation to a medical practitioner, health
officer, dentist or dental therapist is as defined in the Medical and Dental
Practice Act 2001, in relation to a nurse or midwife is as defined in the
Nurses Act 2001 and in relation to a pharmacist or assistant pharmacist is
as defined in the Pharmacy Act 2001.

Health Practitioners Review Act 2001 Section 3





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PART II -THE HEALTH PRACTITIONERS
REVIEW COUNCIL

3 Health practitioners review council
There shall be a Health Practitioners Review Council which shall be a body
corporate having perpetual succession and common seal which may sue and be
sued in its corporate name.

4 Functions of the Council
The Council shall review upon application —

(a) orders made by the Medical and Dental Practice Board;
(b) orders made by the Nurses Board;
(c) orders made by the Pharmacy Board; and
(d) orders made by such other Boards as may be created by statute with

the responsibility to register health practitioners and to receive
complaints and decide matters of professional conduct.

5 Composition of the Council
The Council shall consist of the following members —

(a) the Director of Health, who shall be Chairman;
(b) the Medical Superintendent;
(c) the Chief Dental Officer;
(d) the Principal Pharmacist;
(e) the Chief Nursing Officer;
(f) Solicitor General;
(g) a lay member appointed by the Minister;
(h) an employee of the Ministry of Health appointed by the Minister, as

the secretary to the Council.

6 Tenure
(1) The members appointed under section 5(g) and (h) shall hold office for a

period of 2 years and shall be eligible for reappointment.

Section 7 Health Practitioners Review Act 2001





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(2) Any member appointed by the Minister may resign by giving notice of
such resignation to the Minister who, if the resignation is accepted, shall
appoint another person for the remaining period off office.

7 Seal and procedure
(1) The seal of the Council shall be kept in the custody of the secretary and

shall be affixed by the secretary or any other officer duly authorized by
the Council on documents authorized to be sealed by the Council.

(2) The Council shall determine the procedures and rules governing its
meetings.

(3) The Council shall meet as required and shall prepare annually a report of
its activities during the preceding 12 months and this report shall be made
to the Minister.

(4) The Council shall be financially supported by the Ministry of Health.

(5) An act or omission done in good faith by the Minister, chairman,
secretary, or Council members shall not subject that person to any
liability.

8 Minister's power to co-opt
When the Council is required to review the decision of a particular Board, the
Minister shall co-opt to the Council sufficient members of the profession of
standing and experience to which the applicant for review belongs to ensure that
at least three members of the profession of the applicant for review participate in
the review relating to that person.

9 Powers upon conducting review
Upon conducting a review at the request of an aggrieved person, the Council
shall have the same powers and duties as held by the relevant Board in
conducting an inquiry.

10 Nature of review
Any review will be in the nature of a new hearing at which new evidence may
be given.

Health Practitioners Review Act 2001 Section 11





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11 Orders
The Council may make such orders as it thinks fit and the relevant Board shall
give effect to the Council's orders subject to the determination of any appeal
under Part III.

PART III - APPEALS

12 Appeal to Minister
(1) Any person aggrieved by an order made under section 11 may, not later

than one month after being served with the order, appeal to the Minister.

(2) The Minister on the hearing of the appeal may affirm, reverse or amend
the decision of the Council, or may remit the matter, with the opinion of
the Minister, to the Council for reconsideration.

13 Appeal to Supreme Court
(1) Any person aggrieved by an order made under section 12 may, not later

than one month after being served with the order, appeal to the Supreme
Court.

(2) The Supreme Court on the hearing of the appeal may affirm, reverse or
amend the decision of the Minister.

PART IV - MISCELLANEOUS

14 Regulations
The Minister may, with the approval of Cabinet make regulations for the
effective carrying out of the provisions of this Act.

15 Repeal and saving
Except to the extent provided in any Act, the Health Practitioners Registration
Act 1991 is repealed and any appeal made under that Act shall be deemed to
have been made under this Act.



Passed by the Legislative Assembly this 11th day of July, 2001.