Australian Capital Territory
Explanatory Statement
Health Professions Boards (Procedures) - Medical Board of the ACT Appointments 2002 (No.1)
Disallowable instrument DI2002—174
made under the 
Health Professions Boards (Procedures) Act 1981, section 5 (Appointment of chairperson and members)

The Medical Board of the ACT is established under section 7 of the Medical Practitioners Act 1931 and comprises a chairperson, six medical practitioner members and two community representatives.  The chairperson and three of the medical practitioners are appointed by the Minister in accordance with the Health Professions Boards (Procedures) Act 1981 and three medical practitioner members are elected by members of the profession registered in the ACT in accordance with the Health Professions Boards (Elections) Act 1980.  The two community representatives must not be entitled to be registered by a Board within the meaning of the Procedures Act or under the Dental Technicians and Dental Prosthetists Act 1988.  One of the community representatives is to be a legal practitioner.

The Act provides for the registration of suitably qualified medical practitioners, to enable them to practice in the ACT.

Ms Higgins is a practising solicitor in the ACT and is eligible for appointment as a community representative to the Board under the Health Professions Boards (Procedures) Act 1981.  Her experience in legal matters including medical negligence cases support her claim and she is well placed to undertake the responsibilities of this position.

Ms Higgins is not a public servant.

Consultation with the Standing Committee for Health has taken place in accordance with the Legislation Act 2001.  This instrument makes an appointment to which the Legislation Act 2001, division 19.3.3 applies.  Accordingly, the instrument is a disallowable instrument (see Legislation Act 2001, s 229).