New South Wales Repealed Acts

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This legislation has been repealed.

PHYSIOTHERAPISTS ACT 2001


- As at 1 July 2010 
- Act 67 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.     Period of limited practice
   14.     Temporary registration
   15.     Power to refuse or impose conditions on full registration
   16.     Cancellation and suspension of registration
   17.     Restrictions on registration of deregistered persons
   18.     Appeals concerning registration

   PART 3 - PRACTICE OF PHYSIOTHERAPY
   Note

           Division 1 - Conduct of practice

   19.     Use of titles
   20.     Code of professional conduct

           Division 2 - Returns and information

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

   PART 4 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS

           Division 1 - Interpretation

   25.     Meaning of "professional misconduct"
   26.     Meaning of "unsatisfactory professional conduct"
   26A.    References to "complaint"

           Division 2 - Complaints

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     (Repealed)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

           Division 3 - Referral of complaints to Physiotherapy Standards Advisory Committee

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

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

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

           Division 5 - Disciplinary powers of Board and Tribunal

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

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

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

   PART 5 - IMPAIRMENT

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

   PART 6 - APPEALS AND REVIEW OF DISCIPLINARY ACTION

           Division 1 - Appeals against actions of the Board

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

           Division 2 - Appeals against actions of Tribunal

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

           Division 3 - Review of suspension, cancellation or conditions

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

   PART 7 - PHYSIOTHERAPISTS REGISTRATION BOARD

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

   PART 8 - PHYSIOTHERAPY STANDARDS ADVISORY COMMITTEE

   93.     Constitution of the Physiotherapy Standards Advisory Committee
   94.     Functions of the Committee
   95.     Membership of the Committee
   96.     Other provisions relating to the Committee

   PART 9 - IMPAIRED REGISTRANTS PANELS

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

   PART 10 - PHYSIOTHERAPISTS TRIBUNAL

           Division 1 - Constitution of the Tribunal

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

           Division 2 - Proceedings of the Tribunal

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

           Division 3 - Inquiries, appeals etc before the Tribunal

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

   PART 11 - MISCELLANEOUS

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


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