New South Wales Repealed Acts

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This legislation has been repealed.

OSTEOPATHS ACT 2001


- As at 1 July 2010 
- Act 16 of 2001 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of Act
   4.      Definitions
   5.      Notes
   6.      Mutual Recognition laws

   PART 2 - REGISTRATION

   7.      Registration necessary for certain representations
   8.      Qualifications for registration
   9.      Competence
   10.     Impairment
   11.     Full registration
   12.     Provisional registration
   13.     Temporary registration
   14.     Power to refuse or impose conditions on full registration
   15.     Cancellation and suspension of registration
   16.     Restrictions on registration of deregistered persons
   17.     Appeals concerning registration

   PART 3 - PRACTICE OF OSTEOPATHY
   Note

           Division 1 - Conduct of practice

   18.     Use of titles
   19.     Code of professional conduct

           Division 2 - Returns and information

   20.     Annual return to be submitted
   21.     Notification of convictions, criminal findings and charges
   22.     Courts to provide information on convictions
   23.     Referral of mental health matters to Registrar

   PART 4 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS

           Division 1 - Interpretation

   24.     Meaning of "professional misconduct"
   25.     Meaning of "unsatisfactory professional conduct"
   25A.    References to "complaint"

           Division 2 - Complaints

   26.     Grounds for complaints
   27.     Complaint can be made even if person no longer registered
   28.     Who can make a complaint
   29.     Complaints to be made to the Board
   30.     Form of complaint
   31.     Board to notify Commission of complaints
   32.     (Repealed)
   33.     Investigation of complaint by Board
   34.     Role of the Commission
   35.     How complaints are dealt with
   36.     Serious complaints must be referred to Tribunal
   37.     Medical examination of osteopath
   38.     Notification of orders to employer and others

           Division 3 - Referral of complaints to Osteopathy Care Assessment Committee

   39.     Kinds of complaints that can be referred to Committee
   40.     How complaints are dealt with
   41.     Skills testing of osteopath
   42.     Recommendations of the Committee
   43.     No legal representation for parties appearing before the Committee

           Division 4 - Dealing with complaint by inquiry at a meeting of the Board

   44.     Procedures for dealing with complaint at meeting
   45.     General procedure
   46.     Conduct of meeting
   47.     Making submissions to inquiry
   48.     Decision of the Board
   49.     Admissibility of Board's findings

           Division 5 - Disciplinary powers of Board and Tribunal

   50.     Powers may be exercised if complaint proved or admitted
   51.     General powers of the Board
   52.     Power of the Board to recommend suspension or cancellation of registration
   53.     Powers of the Tribunal

           Division 6 - Powers of the Board for the protection of the public

   54.     Suspension or conditions to protect the public
   55.     Power to remove or alter conditions
   56.     Referral of matter to Commission
   57.     Special provisions--impairment
   58.     Tribunal to be notified of suspensions
   59.     Extension of suspension
   60.     Expiration of suspension
   61.     Duration of conditions--complaint matters
   62.     Duration of conditions--impairment matters

   PART 5 - IMPAIRMENT

   63.     Referral of impairment matters concerning osteopaths
   64.     Persons may notify Board of impairment matters concerning osteopaths
   65.     Commission may refer impairment matters to Board
   66.     Panel to inquire into matters referred to it
   67.     Panel not to take action while Commission investigating
   68.     Board to give notice of proposed inquiry
   69.     Osteopath entitled to make representations
   70.     Assessment, report and recommendations by Panel
   71.     Voluntary suspension or conditions on registration
   72.     Review of conditions
   73.     Some matters to be dealt with as complaints
   74.     Confidentiality of Panel's report

   PART 6 - APPEALS AND REVIEW OF DISCIPLINARY ACTION

           Division 1 - Appeals against actions of the Board

   75.     Appeals against actions of the Board on a complaint
   76.     Appeal against suspension or imposition of conditions by Board--impairment matters
   77.     Appeal on point of law

           Division 2 - Appeals against actions of Tribunal

   78.     Preliminary appeal on point of law
   79.     Appeal against Tribunal's decisions and actions
   80.     Powers of Court on appeal

           Division 3 - Review of suspension, cancellation or conditions

   81.     Right of review
   82.     Appropriate review body
   83.     Powers on review
   84.     Nature of review

   PART 7 - OSTEOPATHS REGISTRATION BOARD

   85.     Constitution of the Board
   86.     Functions of the Board
   87.     Membership of the Board
   88.     (Repealed)
   89.     Committees
   90.     Delegation of functions
   91.     Other provisions relating to the Board

   PART 8 - OSTEOPATHY CARE ASSESSMENT COMMITTEE

   92.     Constitution of the Osteopathy Care Assessment Committee
   93.     Functions of the Committee
   94.     Membership of the Committee
   95.     Other provisions relating to the Committee

   PART 9 - IMPAIRED REGISTRANTS PANELS

   96.     Impaired Registrants Panels
   97.     Board to constitute Panel when required
   98.     Decisions of a Panel

   PART 10 - OSTEOPATHS TRIBUNAL

           Division 1 - Constitution of the Tribunal

   99.     The Osteopaths Tribunal
   100.    Chairperson and Deputy Chairpersons of the Tribunal
   101.    Tribunal to be constituted to deal with complaints etc
   102.    Effect of vacancy on Tribunal
   103.    Payment of non-legal Tribunal members
   104.    Seal of the Tribunal

           Division 2 - Proceedings of the Tribunal

   105.    Decisions of the Tribunal
   106.    Time when orders take effect
   107.    Powers of Tribunal exercised by Supreme Court
   108.    Registrar to be informed of disciplinary action

           Division 3 - Inquiries, appeals etc before the Tribunal

   109.    Jurisdiction
   110.    Notice of time and place of inquiry or appeal
   111.    Conduct of proceedings
   112.    Representation before the Tribunal
   113.    Chairperson or Deputy Chairperson not to review own decisions
   114.    Adjournments and interlocutory orders
   115.    Tribunal to provide details of its decision
   116.    Statement need not contain confidential information

   PART 11 - MISCELLANEOUS

   117.    Application of Criminal Records Act
   118.    How notice is to be given
   119.    Service of documents on Board
   120.    Written statement of decisions
   121.    Notice of disciplinary action to other Boards
   121A.   Cancelled registrations to be publicly available
   121B.   Protection from liability for certain publications
   122.    False or misleading entries and statements
   123.    Evidentiary certificates and evidence of entry in Register
   124.    Authentication of certain documents
   125.    Fees
   126.    Osteopathy Education and Research Account
   127.    Appointment and powers of inspectors
   128.    Search warrants
   129.    Liability of officers and members
   130.    Offences by corporations
   131.    Proceedings for offences
   132.    Regulations
   133.    (Repealed)
   134.    Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)
           SCHEDULE 7


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