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Queensland
OSTEOPATHS
REGISTRATION BILL 2000
Queensland
OSTEOPATHS REGISTRATION BILL
2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Board's decisions to accord with decisions of certain bodies
under the Health Practitioners (Professional Standards) Act 1999 . . . . . . . 14
6 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Objects
7 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--OSTEOPATHS BOARD OF QUEENSLAND
Division 1--Establishment and functions
9 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Board's independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
18 Certain nominee board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 22
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Leave of absence for a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Board business
27 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . 29
Division 7--Annual reports
37 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 8--Other provisions about the board
38 Board is statutory body under the Financial Administration and
Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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39 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subdivision 2--Eligibility for general registration
43 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 32
45 Fitness to practise the profession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 35
47 Appointment of appropriately qualified person to conduct health
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
48 Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 4--Decision on applications
51 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 6--Period of general registration
56 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 7--Conditions of general registration
57 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
58 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Division 3--Provisional general registration
59 Meaning of "authorised person" for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
60 Provisional general registration of a person . . . . . . . . . . . . . . . . . . . . . . . . . . 43
61 Confirmation or cancellation of provisional general registration . . . . . . . . . 44
62 Procedure after cancellation of provisional general registration . . . . . . . . . 44
63 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 44
64 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
65 Board decides to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
66 Board decides to refuse to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
67 Deemed refusal by board to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
68 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 2--Applications for renewal of general registrations
69 Notification of imminent expiry of registration . . . . . . . . . . . . . . . . . . . . . . . 47
70 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
71 General registration taken to be in force while application is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 3--Decision on applications
72 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
73 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
74 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . 50
75 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 5--Restoration of general registrations
76 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
77 When an application for restoration of a general registration may
be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
78 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
79 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
80 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
81 When recency of practice conditions take effect . . . . . . . . . . . . . . . . . . . . . 53
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Division 6--Cancellation of general registrations
82 Ground for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
83 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
84 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 54
85 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 54
86 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
87 Return of cancelled certificate of general registration to board . . . . . . . . . 55
Division 7--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or
District Court
88 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
89 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
90 Review of conditions during review period . . . . . . . . . . . . . . . . . . . . . . . . . . 56
91 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
92 Application of ss 47-50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
93 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
94 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
95 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
96 Failure by board to make decision on application . . . . . . . . . . . . . . . . . . . . 59
97 Failure by board to make decision on review agreed to under s 90 . . . . . . 60
98 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 61
Subdivision 2--Recording change, or removal, of conditions
99 Amendment of, or replacing, certificates of general registration . . . . . . . . 61
Division 8--Special purpose registrations
Subdivision 1--Applications for special purpose registration
100 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 62
101 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
102 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
103 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 63
104 Suitability to be a special purpose registrant . . . . . . . . . . . . . . . . . . . . . . . . 64
105 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
106 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
107 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
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Subdivision 2--Renewal of special purpose registrations
108 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
109 Matters that may be considered in deciding whether to renew
special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
110 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
111 Period of renewed special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 3--Cancellation of special purpose registrations
112 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
113 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Subdivision 4--Removal of conditions
114 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 9--General provisions about registrations
115 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 68
116 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
117 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 69
118 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 69
119 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
120 Notification of certain events to interstate regulatory authorities
and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
121 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
122 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
123 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 73
124 Restrictions on special purpose registrants, provisional general
registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . 73
125 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 74
Division 2--Notification of business names and other details
126 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
127 Notification of change in business names etc. . . . . . . . . . . . . . . . . . . . . . . . 75
Division 3--Advertising
128 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
129 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
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Division 4--Registrants' autonomy
130 Aiding, abetting etc. conduct that is a ground for disciplinary action . . . . . 77
Division 5--Court orders and injunctions
131 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 77
132 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 6--Reprisals
133 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
134 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
135 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 7--Other provisions
136 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . 82
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
137 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
138 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
139 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Division 2--Appointment of inspectors and other matters
140 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
141 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
142 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
143 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
144 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 84
Division 3--Powers of inspectors
Subdivision 1--Entry of places
145 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Subdivision 2--Procedure for entry
146 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
147 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
148 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
149 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
150 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
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Subdivision 3--Powers after entry
151 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
152 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
153 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 4--Power to seize evidence
154 Seizing evidence at a place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
155 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
156 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
157 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
158 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
159 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
160 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
161 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
162 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
163 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
164 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Subdivision 5--Power to obtain information
165 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
166 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
167 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
168 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
169 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 4--General enforcement matters
170 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
171 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
172 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
173 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
174 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
175 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
PART 6--APPEALS
176 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
9
Osteopaths Registration
177 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
178 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
179 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
180 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
181 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
182 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
183 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
184 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 2--Proceedings
185 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
186 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
187 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 106
188 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 106
189 Allegations of false or misleading information or documents . . . . . . . . . . . 106
190 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
191 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 107
192 Executive officers must ensure corporation complies with Act . . . . . . . . . . 107
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
193 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
194 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 2--Records to be kept
195 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 3--Information
196 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
197 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 112
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
198 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
199 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 112
10
Osteopaths Registration
200 Health records forming part of deceased estate . . . . . . . . . . . . . . . . . . . . . . 113
201 Health records of persons convicted of an offence against
s 121(1) or (6) or 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
202 Dealing with certain health records seized under s 154 or 155 . . . . . . . . . . 114
203 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
204 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Division 2--Continuing professional education of registrants
205 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . . 115
Division 3--Declared events
206 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
207 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
208 Deemed general registration of visiting practitioners . . . . . . . . . . . . . . . . . . 116
Division 4--Other provisions
209 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
210 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 118
211 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 118
212 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
213 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
214 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
215 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
PART 10--TRANSITIONAL PROVISIONS
216 Definitions for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
217 First members, and chairperson and deputy chairperson, of
Osteopaths Board of Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
218 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
219 Renewal of certain column 2 registrations . . . . . . . . . . . . . . . . . . . . . . . . . . 122
220 Restoration of certain column 2 registrations . . . . . . . . . . . . . . . . . . . . . . . . 123
221 Review of conditions imposed under repealed Act . . . . . . . . . . . . . . . . . . . . 123
222 Removal of conditions imposed under repealed Act . . . . . . . . . . . . . . . . . . 124
223 Existing applications for certain column 1 registrations . . . . . . . . . . . . . . . . 124
224 Existing applications for restoration of certain column 1 registrations . . . . 125
225 Continuation of show cause process under section 20(3) of the
repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
11
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226 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
227 Sections 126 and 129 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 128
228 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 130
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 132
DICTIONARY
2000
A BILL
FOR
An Act to provide for the registration of osteopaths, and for other
purposes
s1 14 s5
Osteopaths Registration
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Osteopaths Registration Act 2000. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
Division 2--Operation of Act 8
binds all persons 9
Act
3.(1) This Act binds all persons, including the State. 10
(2) Nothing in this Act makes the State liable to be prosecuted for an 11
offence. 12
legislative scheme 13
The
4. This Act is part of a legislative scheme (the "legislative scheme") 14
consisting of the health practitioner registration Acts, the Health 15
Practitioner Registration Boards (Administration) Act 1999 and the Health 16
Practitioners (Professional Standards) Act 1999. 17
decisions to accord with decisions of certain bodies under the 18
Board's
Health Practitioners (Professional Standards) Act 1999 19
5.(1) This section applies if the board is making-- 20
s6 15 s7
Osteopaths Registration
(a) a decision on an application for registration; or 1
(b) a decision, under this Act, affecting a registrant's registration. 2
(2) The decision must comply with, and be consistent with, any decision 3
of the board, a disciplinary committee, a professional conduct review panel, 4
the Health Practitioners Tribunal or the Court of Appeal, affecting the 5
applicant or registration, under the Health Practitioners (Professional 6
Standards) Act 1999. 7
recognition legislation not affected 8
Mutual
6. This Act does not affect the operation of the Mutual Recognition 9
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 10
(Queensland) Act 1999. 11
Division 3--Objects 12
of Act 13
Objects
7.(1) The objects of this Act are-- 14
(a) to protect the public by ensuring health care is delivered by 15
registrants in a professional, safe and competent way; and 16
(b) to uphold the standards of practice within the profession; and 17
(c) to maintain public confidence in the profession. 18
(2) The objects are to be achieved mainly by-- 19
(a) establishing the Osteopaths Board of Queensland; and 20
(b) providing for the registration of persons under this Act; and 21
(c) imposing obligations on persons in relation to the practice of the 22
profession; and 23
(d) providing for compliance with this Act to be monitored and 24
enforced. 25
s8 16 s 11
Osteopaths Registration
4--Interpretation 1
Division
2
Definitions
8. The dictionary in schedule 2 defines particular words used in this Act. 3
PART 2--OSTEOPATHS BOARD OF QUEENSLAND 4
1--Establishment and functions 5
Division
of board 6
Establishment
9.(1) The Osteopaths Board of Queensland is established. 7
(2) The board-- 8
(a) is a body corporate; and 9
(b) has a common seal; and 10
(c) may sue and be sued in its corporate name. 11
relationship with the State 12
Board's
10. The board does not represent the State. 13
of board 14
Functions
11. The board has the following functions-- 15
(a) to assess applications for registration; 16
(b) to register persons who satisfy the requirements for registration; 17
(c) to monitor, and assess, whether registrants comply with any 18
conditions of registration; 19
(d) to keep a register of, and records relating to, registrants; 20
(e) to promote high standards of practice of the profession by 21
s 11 17 s 11
Osteopaths Registration
registrants; 1
(f) to develop or adopt programs for the continuing professional 2
education of registrants, and encourage their participation in the 3
programs; 4
(g) to develop or adopt training programs in the practice of the 5
profession that are relevant to a person's eligibility for 6
registration; 7
8
Example of `training programs'--
9
Refresher courses for persons who have not practised the profession for
10
a number of years.
(h) to confer and cooperate with interstate regulatory authorities; 11
(i) to confer and cooperate with entities engaged in the development 12
of national policies about the regulation of the profession; 13
(j) to confer and cooperate with the following entities about the 14
education of persons in the practice of the profession-- 15
(i) educational institutions; 16
(ii) entities responsible for accrediting courses, or accrediting 17
institutions to educate persons, for the profession; 18
(k) to inform registrants and the public about the operation of the 19
legislative scheme in its application to the profession; 20
(l) to examine, and advise the Minister about, the operation of the 21
legislative scheme in its application to the profession; 22
(m) to monitor, and enforce, compliance with this Act; 23
(n) to undertake research, relevant to the legislative scheme, into the 24
regulation of the profession; 25
(o) to collect, and give to persons, information about the practice of 26
the profession by registrants; 27
28
Example of `information about the practice of the profession by
29
registrants'--
30
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 31
another Act. 32
s 12 18 s 13
Osteopaths Registration
1
Example for paragraph (p)--
2
Under the Health Practitioners (Professional Standards) Act 1999,
3
section 374, the board may develop codes of practice, or adopt another
4
entity's code of practice, to provide guidance to registrants as to
5
appropriate professional conduct or practice.
independence etc. 6
Board's
12. In performing its functions, the board is to act independently, 7
impartially and in the public interest. 8
of board 9
Powers
13.(1) The board has all the powers of an individual, and may, for 10
example-- 11
(a) enter into contracts; and 12
(b) enter into service agreements; and 13
(c) acquire, hold, dispose of, and deal with, property; and 14
(d) appoint agents and attorneys; and 15
(e) engage consultants; and 16
(f) fix charges, and other terms, for services and other facilities it 17
supplies; and 18
(g) do anything else necessary or convenient to be done for, or in 19
connection with, its functions. 20
(2) This section does not authorise the board to obtain administrative and 21
operational support other than as required by the Health Practitioner 22
Registration Boards (Administration) Act 1999. 23
(3) Without limiting subsection (1), the board has the powers given to it 24
under this or another Act. 25
(4) The board may exercise its powers inside or outside Queensland. 26
(5) Without limiting subsection (4), the board may exercise its powers 27
outside Australia. 28
s 14 19 s 15
Osteopaths Registration
by board 1
Delegation
14.(1) The board may delegate its powers under this Act to-- 2
(a) a member; or 3
(b) a committee of the board consisting of appropriately qualified 4
persons, 1 of whom must be a member; or 5
(c) the executive officer; or 6
(d) with the agreement of the executive officer--an appropriately 7
qualified member of the office's staff. 8
(2) However, the board may not delegate its power under this Act-- 9
(a) to decide to register, or refuse to register, an applicant for 10
registration; or 11
(b) to decide to refuse to renew a renewable registration; or 12
(c) to decide to refuse to restore a renewable registration; or 13
(d) to decide to cancel a registration; or 14
(e) to decide to impose, or remove, conditions on a registration; or 15
(f) to enter into a service agreement. 16
(3) In this section-- 17
"appropriately qualified" includes having the qualifications, experience or 18
standing appropriate to exercise the power. 19
20
Example of `standing' for a member of the office's staff--
21
The staff member's classification level in the office.
2--Membership 22
Division
of board 23
Membership
15.(1) The board consists of at least 7, but not more than 11, members 24
appointed by the Governor in Council. 25
(2) The board must include-- 26
(a) persons who are general registrants (the "registrant members"); 27
and 28
s 16 20 s 16
Osteopaths Registration
(b) persons (the "public members") having an interest in, and 1
knowledge of, consumer health issues who are not, and have not 2
been-- 3
(i) registered under a health practitioner registration Act or an 4
earlier corresponding Act; or 5
(ii) registered or enrolled under the Nursing Act 1992 or an 6
earlier corresponding Act; or 7
(iii) registered or enrolled under a law applying, or that applied, 8
in another State or foreign country that provides, or 9
provided, for the same matter as a health practitioner 10
registration Act or the Nursing Act 1992 or a provision of the 11
Act; and 12
(c) 1 lawyer nominated by the Minister. 13
(3) Also, the Minister may nominate persons who do not belong to the 14
categories of persons mentioned in subsection (2) to be members. 15
(4) A majority of the members must be registrant members. 16
(5) In this section-- 17
"earlier corresponding Act", in relation to a health practitioner registration 18
Act, means an earlier Act that provided for the same matter as the 19
health practitioner registration Act or a provision of the health 20
practitioner registration Act. 21
"earlier corresponding Act", in relation to the Nursing Act 1992, means 22
an earlier Act that provided for the same matter as the Nursing Act 23
1992 or a provision of the Nursing Act 1992. 24
members 25
Registrant
16. The registrant members must consist of-- 26
(a) at least 2 general registrants nominated by the bodies the Minister 27
considers represent the interests of registrants; and 28
(b) if there are educational institutions established in the State--1 29
general registrant nominated by the governing bodies of the 30
institutions chosen by the Minister; and 31
(c) at least 1 general registrant nominated by the Minister. 32
s 17 21 s 18
Osteopaths Registration
members 1
Public
17. The public members must consist of-- 2
(a) at least 1 person nominated by community groups and other 3
entities the Minister considers have an interest in consumer health 4
issues; and 5
(b) at least 1 other person nominated by the Minister. 6
nominee board members 7
Certain
18.(1) This section applies for the nomination of a person or persons for 8
a position or positions on the board under section 16(a) or (b) or 17(a). 9
(2) The Minister must give the entities who may make the nomination 10
notice stating a reasonable period within which they may nominate the 11
person or persons for the position or positions. 12
(3) The Minister may in the notice ask the entities to nominate more than 13
the required number of persons for the position or positions. 14
(4) Subject to subsections (5) and (6), if the entities nominate more than 15
the required number of persons for the position or positions-- 16
(a) the Minister must choose the nominee or nominees for the 17
position or positions from the nominations; and 18
(b) the person or persons chosen are taken to be the nominee or 19
nominees, under the relevant provision mentioned in 20
subsection (1), for the position or positions. 21
(5) Subsection (6) applies if-- 22
(a) the entities do not nominate a person or persons for the position 23
or positions within the period stated in the notice; or 24
(b) the entities nominate a number of persons for the position or 25
positions that is less than the number requested by the Minister 26
under subsection (3); or 27
(c) the person or any of the persons nominated by the entities are not 28
eligible to be appointed to the position or positions concerned. 29
(6) The Minister must nominate a person or persons eligible to be 30
appointed to the position or positions and the nomination or nominations are 31
s 19 22 s 21
Osteopaths Registration
taken to have been made by the entities. 1
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 2
nomination under subsection (6) may be of, or include, a person or persons 3
nominated by the entities. 4
and deputy chairperson of board 5
Chairperson
19.(1) The Governor in Council is to appoint a registrant member to be 6
the chairperson, and another registrant member to be the deputy 7
chairperson, of the board. 8
(2) A person may be appointed as the chairperson or deputy chairperson 9
at the same time the person is appointed as a member. 10
(3) The chairperson or deputy chairperson holds office for the term 11
decided by the Governor in Council, unless the person's term of office as a 12
member ends sooner than the person's term of office as chairperson or 13
deputy chairperson. 14
(4) A vacancy occurs in the office of chairperson or deputy chairperson if 15
the person holding the office resigns the office by signed notice of 16
resignation given to the Minister or ceases to be a registrant member. 17
(5) However, a person resigning the office of chairperson or deputy 18
chairperson may continue to be a member. 19
(6) The deputy chairperson is to act as chairperson-- 20
(a) during a vacancy in the office of chairperson; and 21
(b) during all periods when the chairperson is absent from duty or, 22
for another reason, can not perform the functions of the office. 23
of appointment 24
Term
20. A member is to be appointed for a term of not more than 4 years. 25
from membership 26
Disqualification
21.(1) A person can not become, or continue as, a member if the 27
person-- 28
(a) is affected by bankruptcy action; or 29
s 22 23 s 22
Osteopaths Registration
(b) is, or has been, convicted of an indictable offence; or 1
(c) is, or has been, convicted of an offence against this Act. 2
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 3
person-- 4
(a) is bankrupt; or 5
(b) has compounded with creditors; or 6
(c) has otherwise taken, or applied to take, advantage of any law 7
about bankruptcy. 8
of office 9
Vacation
22.(1) A member is taken to have vacated office if the member-- 10
(a) resigns his or her position on the board by signed notice of 11
resignation given to the Minister; or 12
(b) can not continue as a member under section 21; or 13
(c) is absent without the board's permission from 3 consecutive 14
meetings of the board of which due notice has been given. 15
(2) Also, a member is taken to have vacated office in any of the 16
following circumstances-- 17
(a) if the member is a registrant member--the member stops being a 18
general registrant; 19
(b) if the member is a public member--the member stops being a 20
person mentioned in section 15(2)(b); 21
(c) if the member was nominated, for membership of the board, 22
under section 15(2)(c)--the member stops being a lawyer. 23
(3) In this section-- 24
"meeting" means the following-- 25
(a) if the member does not attend--a meeting with a quorum present; 26
(b) if the member attends--a meeting with or without a quorum 27
present. 28
s 23 24 s 26
Osteopaths Registration
notice of resignation takes effect 1
When
23. A notice of resignation under section 19(4) or 22(1)(a) takes effect 2
when the notice is given to the Minister or, if a later time is stated in the 3
notice, the later time. 4
of absence for a member 5
Leave
24.(1) The Minister may approve a leave of absence for a member (the 6
"approved absent member") of more than 3 months. 7
(2) The Minister may appoint another person to act in the office of the 8
approved absent member while the member is absent on the approved 9
leave. 10
(3) A person appointed under subsection (2) must belong to the same 11
category of persons mentioned in section 15(2) or (3) to which the approved 12
absent member belongs. 13
(4) If the approved absent member is the deputy chairperson, the 14
Minister may appoint another registrant member to act in the deputy 15
chairperson's office while the deputy chairperson is absent on the approved 16
leave. 17
of vacancy in membership of board 18
Effect
25.(1) Subsection (2) applies despite sections 15 to 17.1 19
(2) The performance of a function, or exercise of a power, by the board is 20
not affected merely because of a vacancy in the membership of the board. 21
of members 22
Remuneration
26. A member is entitled to be paid the fees and allowances decided by 23
the Governor in Council. 24
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 27 25 s 31
Osteopaths Registration
3--Board business 1
Division
onduct of business 2
C
27. Subject to this division, the board may conduct its business, including 3
its meetings, in the way it considers appropriate. 4
and places of meetings 5
Times
28.(1) Board meetings are to be held at the times and places the 6
chairperson decides. 7
(2) However, the chairperson must call a meeting if asked, in writing, to 8
do so by the Minister or at least the number of members forming a quorum 9
for the board. 10
uorum 11
Q
29. A quorum for the board is the number equal to one-half of the 12
number of its members or, if one-half is not a whole number, the next 13
highest whole number. 14
at meetings 15
Presiding
30.(1) The chairperson is to preside at all meetings of the board at which 16
the chairperson is present. 17
(2) If the chairperson is absent from a board meeting, but the deputy 18
chairperson is present, the deputy chairperson is to preside. 19
(3) If the chairperson and deputy chairperson are both absent from a 20
board meeting or the offices are vacant, a registrant member chosen by the 21
members present is to preside. 22
of meetings 23
Conduct
31.(1) A question at a board meeting is decided by a majority of the votes 24
of the members present. 25
(2) Each member present at the meeting has a vote on each question to be 26
s 32 26 s 32
Osteopaths Registration
decided and, if the votes are equal, the member presiding also has a casting 1
vote. 2
(3) A member present at the meeting who abstains from voting is taken 3
to have voted for the negative. 4
(4) The board may hold meetings, or allow members to take part in its 5
meetings, by using any technology allowing reasonably contemporaneous 6
and continuous communication between members taking part in the 7
meeting. 8
9
Example of `technology allowing reasonably contemporaneous and continuous
10
communication'--
11
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 12
taken to be present at the meeting. 13
(6) A resolution is validly made by the board, even if it is not passed at a 14
board meeting, if-- 15
(a) a majority of the board members gives written agreement to the 16
resolution; and 17
(b) notice of the resolution is given under procedures approved by the 18
board. 19
inutes 20
M
32.(1) The board must keep-- 21
(a) minutes of its meetings; and 22
(b) a record of any resolutions made under section 31(6). 23
(2) Subsection (3) applies if a resolution is passed at a board meeting by 24
a majority of the members present. 25
(3) If asked by a member who voted against the passing of the 26
resolution, the board must record in the minutes of the meeting that the 27
member voted against the resolution. 28
s 33 27 s 35
Osteopaths Registration
4--Board committees 1
Division
2
Committees
33.(1) The board may establish committees of the board for effectively 3
and efficiently performing its functions. 4
(2) A committee may include a person who is not a member of the 5
board. 6
(3) The board is to decide the terms of reference of a committee. 7
(4) The functions of a committee are to-- 8
(a) advise and make recommendations to the board about matters, 9
within the scope of the board's functions, referred by the board to 10
the committee; and 11
(b) exercise powers delegated to it by the board.2 12
(5) A committee must keep a record of the decisions it makes when 13
exercising a power delegated to it by the board. 14
(6) The board may decide matters about a committee that are not 15
provided for under this Act, including, for example, the way a committee 16
must conduct meetings. 17
of committee members 18
Remuneration
34. A committee member is entitled to be paid the fees and allowances 19
decided by the Governor in Council. 20
Division 5--Disclosure of interests by board members and committee 21
members 22
of interests 23
Disclosure
35.(1) This section applies to a board or committee member (the 24
"interested person") if-- 25
2 See section 14 for the board's power of delegation.
s 35 28 s 35
Osteopaths Registration
(a) the interested person has a direct or indirect interest in an issue 1
being considered, or about to be considered, by the board or 2
committee; and 3
(b) the interest could conflict with the proper performance of the 4
person's duties about the consideration of the issue. 5
(2) As soon as practicable after the relevant facts come to the interested 6
person's knowledge, the person must disclose the nature of the interest to a 7
board or committee meeting. 8
(3) Unless the board or committee otherwise directs, the interested 9
person must not-- 10
(a) be present when the board or committee considers the issue; or 11
(b) take part in a decision of the board or committee about the issue. 12
(4) The interested person must not be present when the board or 13
committee is considering whether to give a direction under subsection (3). 14
(5) If there is another person who must, under subsection (2), also 15
disclose an interest in the issue, the other person must not-- 16
(a) be present when the board or committee is considering whether to 17
give a direction under subsection (3) about the interested person; 18
or 19
(b) take part in making the decision about giving the direction. 20
(6) If-- 21
(a) because of this section, a board or committee member is not 22
present at a board or committee meeting for considering or 23
deciding an issue, or for considering or deciding whether to give a 24
direction under subsection (3); and 25
(b) there would be a quorum if the member were present; 26
the remaining persons present are a quorum of the board or committee for 27
considering or deciding the issue, or for considering or deciding whether to 28
give the direction, at the meeting. 29
(7) A disclosure under subsection (2) must be recorded in the board's or 30
committee's minutes. 31
(8) If the interested person is a registrant member, the person does not 32
s 36 29 s 37
Osteopaths Registration
have a direct or indirect interest in an issue if the interest arises merely 1
because the person is a registrant. 2
Division 6--Directions by Minister 3
power to give directions in the public interest 4
Minister's
36.(1) The Minister may give the board a written direction about a matter 5
relevant to the performance of its functions under this Act if the Minister is 6
satisfied it is necessary to give the direction in the public interest. 7
(2) Without limiting subsection (1), the direction may be to-- 8
(a) give reports and information; or 9
(b) apply to the board a policy, standard or other instrument applying 10
to a public sector unit. 11
(3) The direction can not be about-- 12
(a) the registering of, or refusal to register, an applicant for 13
registration; or 14
(b) the renewing of, or refusal to renew, a renewable registration; or 15
(c) the restoring of, or refusal to restore, a renewable registration; or 16
(d) the cancelling of a registration; or 17
(e) the imposing, or removal, of conditions on a registration. 18
(4) Despite section 12,3 the board must comply with the direction. 19
Division 7--Annual reports 20
to be included in annual report 21
Matters
37.(1) The board's annual report under the Financial Administration and 22
Audit Act 1977 for a financial year must include the following-- 23
(a) copies of all ministerial directions given to the board under 24
3 Section 12 (Board's independence etc.)
s 38 30 s 39
Osteopaths Registration
section 36 during the financial year; 1
(b) the number of registrants at the end of the financial year; 2
(c) details of the amount of the board's funds spent, in the financial 3
year, on investigations and inspections under part 5;4 4
(d) details of the amount of the board's funds spent, in the financial 5
year, on developing or adopting training programs in the practice 6
of the profession that are relevant to a person's eligibility for 7
registration; 8
(e) details of the amount of the board's funds spent in the financial 9
year on research, relevant to the legislative scheme, into the 10
regulation of the profession; 11
(f) details of any policies or programs developed, or initiatives taken, 12
by the board in the financial year for the general benefit of users 13
of registrants' services. 14
(2) However, the board must exclude from the copies mentioned in 15
subsection (1)(a) all information likely to identify a person mentioned in the 16
direction. 17
Division 8--Other provisions about the board 18
is statutory body under the Financial Administration and 19
Board
Audit Act 1977 20
38. The board is a statutory body under the Financial Administration and 21
Audit Act 1977. 22
is statutory body under the Statutory Bodies Financial 23
Board
Arrangements Act 1982 24
39.(1) The board is a statutory body under the Statutory Bodies Financial 25
Arrangements Act 1982. 26
4 Part 5 (Investigation and enforcement)
s 40 31 s 42
Osteopaths Registration
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 sets 1
out the way in which the board's powers under this Act are affected by the 2
Statutory Bodies Financial Arrangements Act 1982. 3
common seal 4
Board's
40. The board's common seal is to be kept in the custody of a person 5
nominated by the board and may be used only as authorised by the board. 6
PART 3--REGISTRATION 7
Division 1--Preliminary 8
may apply for registration 9
Who
41. Only an individual may apply for registration. 10
2--Applications for general registration 11
Division
Subdivision 1--Applications 12
requirements for applications 13
Procedural
42.(1) An application for general registration must-- 14
(a) be made to the board; and 15
(b) be in the approved form; and 16
(c) be accompanied by-- 17
(i) satisfactory evidence of relevant qualifications; and 18
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 43 32 s 44
Osteopaths Registration
(ii) the application fee prescribed under a regulation (the 1
"application fee"); and 2
(iii) the registration fee prescribed under a regulation (the 3
"registration fee"); and 4
(iv) any other documents, identified in the approved form, the 5
board reasonably requires; and 6
(v) if the applicant is registered under a corresponding law, 7
written details of any conditions of the registration. 8
(2) Information in the application must, if the approved form requires, be 9
verified by a statutory declaration. 10
2--Eligibility for general registration 11
Subdivision
12
Eligibility
43.(1) An applicant for general registration is eligible for general 13
registration if-- 14
(a) the applicant is qualified for general registration under section 44; 15
and 16
(b) the applicant is fit to practise the profession. 17
(2) Without limiting subsection (1), the board may be satisfied the 18
applicant is eligible for general registration by imposing conditions on the 19
registration under section 57.6 20
applicant is qualified for general registration 21
When
44.(1) An applicant for general registration is qualified for general 22
registration if-- 23
(a) the applicant has a qualification prescribed under a regulation; or 24
(b) the applicant has a qualification that is substantially equivalent to, 25
or based on similar competencies to that required for, a current 26
Australian or New Zealand qualification; or 27
6 Section 57 (Imposition of conditions by board)
s 45 33 s 45
Osteopaths Registration
(c) the applicant has passed a qualifying examination in the 1
profession set by or for, or recognised by, the board. 2
(2) In deciding whether subsection (1)(b) is satisfied, the board may have 3
regard to the following-- 4
(a) the advice and recommendations of-- 5
(i) an entity recognised by the board as competent to assess 6
qualifications in the profession; or 7
(ii) an entity responsible for accrediting courses, or accrediting 8
institutions to educate persons, for the profession; 9
(b) the attributes of the course leading to the applicant's qualification; 10
11
Example of `attributes' of a course--
12
The course objectives and competencies.
(c) any other relevant issue. 13
(3) In this section-- 14
"current Australian or New Zealand qualification" means an Australian 15
or New Zealand qualification, mentioned in a regulation made under 16
subsection (1)(a), that may be conferred or awarded as a result of the 17
successful completion of a course offered, at the date of the applicant's 18
application for general registration, by the educational institution 19
mentioned in relation to the qualification. 20
to practise the profession 21
Fitness
45.(1) In deciding whether an applicant for general registration is fit to 22
practise the profession, the board may have regard to the following-- 23
(a) the applicant's mental and physical health; 24
(b) the applicant's command of the English language; 25
(c) whether the applicant has been convicted of an indictable offence; 26
(d) whether the applicant has been convicted of an offence against the 27
repealed Act, this Act, the Health Practitioners (Professional 28
Standards) Act 1999 or a corresponding law; 29
(e) whether the applicant has been convicted of an offence, relating to 30
the practice of the profession, against a law applying, or that 31
s 45 34 s 45
Osteopaths Registration
applied, in the State, the Commonwealth, another State or a 1
foreign country (other than laws mentioned in paragraph (d)), 2
including, for example an offence of that type against-- 3
(i) the Health Act 1937; or 4
(ii) the Fair Trading Act 1989; 5
(f) if the applicant has been registered under this Act or the repealed 6
Act or is, or has been, registered under a corresponding law and 7
the registration was affected-- 8
(i) by the imposition of a condition--the nature of the condition 9
and the reason for its imposition; or 10
(ii) by its suspension or cancellation--the reason for its 11
suspension or cancellation; or 12
(iii) in another way--the way it was affected and the reason for it 13
being affected; 14
(g) if the qualification relied on by the applicant to obtain registration 15
was conferred or awarded on a day (the "qualification day") that 16
is more than 3 years before the date of application, the nature, 17
extent and period of any practice of the profession by the applicant 18
since the qualification day; 19
(h) any other issue relevant to the applicant's ability to competently 20
and safely practise the profession. 21
(2) For subsection (1)(g)-- 22
(a) the passing of an examination mentioned in section 44(1)(c) is 23
taken to be a qualification; and 24
(b) the day the examination was passed is taken to be the qualification 25
day. 26
(3) The board may ask the commissioner of the police service for a 27
written report about an applicant's criminal history. 28
(4) If asked by the board, the commissioner of the police service must 29
give the board a written report about the criminal history of the applicant, 30
including the criminal history in the commissioner's possession or to which 31
the commissioner has access. 32
(5) In this section-- 33
s 46 35 s 46
Osteopaths Registration
"criminal history", of an applicant, means the applicant's criminal history 1
within the meaning of the Criminal Law (Rehabilitation of Offenders) 2
Act 1986. 3
3--Inquiries into applications 4
Subdivision
powers before deciding applications 5
Board's
46.(1) Before deciding the application, the board-- 6
(a) may investigate the applicant; and 7
(b) may, by notice given to the applicant, require the applicant to give 8
the board, within a reasonable time of at least 30 days stated in the 9
notice, further information or a document the board reasonably 10
requires to decide the application; and 11
(c) may, by notice given to the applicant, require the applicant to 12
undergo a written, oral or practical examination within a 13
reasonable time of at least 30 days stated in the notice, and at a 14
reasonable place; and 15
(d) may, by notice given to the applicant, require the applicant to 16
undergo a health assessment within a reasonable time of at least 17
30 days stated in the notice, and at a reasonable place. 18
(2) The board may require the information or document mentioned in 19
subsection (1)(b) to be verified by a statutory declaration. 20
(3) The purpose of an examination under subsection (1)(c) must be to 21
assess the applicant's ability to competently and safely practise the 22
profession. 23
(4) The purpose of an assessment under subsection (1)(d) must be to 24
assess the applicant's mental and physical capacity to competently and 25
safely practise the profession. 26
(5) The applicant is taken to have withdrawn the application if, within the 27
stated time, the applicant-- 28
(a) does not comply with a requirement under subsection (1)(b); or 29
(b) does not undergo an examination under subsection (1)(c); or 30
s 47 36 s 48
Osteopaths Registration
(c) does not undergo an assessment under subsection (1)(d). 1
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 2
applicant within 60 days after the board receives the application. 3
(7) Also, a notice under subsection (1)(d) must state-- 4
(a) the reason for the assessment; and 5
(b) the name and qualifications of the person appointed by the board 6
to conduct the assessment; and 7
(c) the place where, and the day and time at which, the assessment is 8
to be conducted. 9
of appropriately qualified person to conduct health 10
Appointment
assessment 11
47.(1) This section applies if the board believes it is necessary for the 12
applicant to undergo a health assessment under section 46(1)(d). 13
(2) The board may appoint 1 or more appropriately qualified persons to 14
conduct the assessment, in whole or part. 15
(3) At least 1 of the persons appointed to conduct the assessment must be 16
a medical practitioner. 17
(4) Before appointing a person to conduct a health assessment, the board 18
must be satisfied the person does not have a personal or professional 19
connection with the applicant that may prejudice the way in which the 20
person conducts the assessment. 21
(5) In this section-- 22
"appropriately qualified", for a medical practitioner or other person 23
conducting a health assessment, includes having the qualifications, 24
experience, skills or knowledge appropriate to conduct the assessment. 25
about health assessment 26
Report
48.(1) A person appointed under section 47 to conduct all or part of a 27
health assessment of the applicant must prepare a report about the 28
assessment (an "assessment report"). 29
(2) The assessment report must include-- 30
s 49 37 s 49
Osteopaths Registration
(a) the person's findings as to the applicant's mental and physical 1
capacity to competently and safely practise the profession; and 2
(b) if the person finds the applicant does not have the mental and 3
physical capacity to practise the profession, the person's 4
recommendations as to any conditions that could be imposed on 5
the applicant's registration as a general registrant to overcome the 6
incapacity. 7
(3) The person must give the assessment report to the board. 8
of assessment report 9
Use
49.(1) An assessment report is not admissible in any proceedings, other 10
than stated proceedings. 11
(2) A person can not be compelled to produce the report, or to give 12
evidence relating to the report or its contents, in any proceedings, other than 13
stated proceedings. 14
(3) Subsections (1) and (2) do not apply if the report is admitted or 15
produced, or evidence relating to the report or its contents is given, with the 16
consent of the person who prepared the report and the person to whom the 17
report relates. 18
(4) In this section-- 19
"assessment report" includes a copy of the report, or a part of the report or 20
copy. 21
"proceedings under the Health Practitioners (Professional Standards) 22
Act 1999" includes a health assessment of a registrant by a health 23
assessment committee under that Act. 24
"stated proceedings" means-- 25
(a) a review of conditions under division 7;7 or 26
(b) an appeal started under part 6;8 or 27
(c) proceedings under the Health Practitioners (Professional 28
7 Division 7 (Reviewing conditions of general registrations)
8 Part 6 (Appeals)
s 50 38 s 53
Osteopaths Registration
Standards) Act 1999, not including proceedings for an offence 1
against that Act. 2
for health assessments and reports 3
Payment
50. A person who conducts a health assessment and prepares an 4
assessment report for the board is entitled to be paid for his or her work by 5
the board. 6
Subdivision 4--Decision on applications 7
8
Decision
51. The board must consider the application and decide to register, or 9
refuse to register, the applicant as a general registrant. 10
to be taken after application decided 11
Steps
52.(1) If the board decides to register the applicant as a general registrant, 12
it must as soon as practicable issue a certificate of general registration to the 13
applicant. 14
(2) If the board decides to refuse to register the applicant as a general 15
registrant, it must as soon as practicable give the applicant an information 16
notice about the decision. 17
to decide applications 18
Failure
53.(1) Subject to subsections (2) and (3), if the board fails to decide the 19
application within 60 days after its receipt, the failure is taken to be a 20
decision by the board to refuse to register the applicant as a general 21
registrant. 22
(2) Subsection (3) applies if the board has-- 23
(a) under section 46(1)(b),9 required the applicant to give the board 24
further information or a document; or 25
9 Section 46 (Board's powers before deciding applications)
s 54 39 s 54
Osteopaths Registration
(b) under section 46(1)(c), required the applicant to undergo an 1
examination; or 2
(c) under section 46(1)(d), required the applicant to undergo a health 3
assessment. 4
(3) The board is taken to have decided to refuse to register the applicant 5
as a general registrant if it fails to decide the application by the latest of the 6
following days-- 7
(a) the day that is 60 days after the board receives the further 8
information or document; 9
(b) the day that is 60 days after the board receives the results of the 10
examination; 11
(c) the day that is 60 days after the board receives the assessment 12
report. 13
(4) This section does not apply if the applicant is registered as a 14
provisional general registrant.10 15
(5) This section is subject to section 54. 16
consideration of applications 17
Further
54.(1) This section applies if the board considers it needs further time to 18
make a decision on the application because of the complexity of the matters 19
that need to be considered in deciding the application. 20
21
Example of an application for general registration that may require the consideration of
22
complex matters--
23
An application requiring the board to obtain and consider information about the
24
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 25
notice to the applicant that-- 26
(a) because of the complexity of the matters that need to be 27
considered in deciding the application, the board needs further 28
time to decide the application; and 29
10 If the applicant is registered as a provisional general registrant, section 67 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 54 40 s 54
Osteopaths Registration
(b) the period within which the board must decide the application is 1
extended to a day (the "extended day") that is 60 days after the 2
final consideration day. 3
(3) Also, the applicant and board may at any time before the final 4
consideration day agree in writing on a day (the "agreed extended day") 5
by which the application is to be decided. 6
(4) The board is taken to have decided to refuse to register the applicant 7
as a general registrant if it does not decide the application by-- 8
(a) if subsection (2) applies--the extended day; or 9
(b) if subsection (3) applies--the agreed extended day; or 10
(c) if both subsections (2) and (3) apply--the later of the extended 11
day or agreed extended day. 12
(5) Subsection (4) does not apply if the applicant is registered as a 13
provisional general registrant.11 14
(6) In this section-- 15
"final consideration day" means the latest of the following days-- 16
(a) the day that is 60 days after receipt of the application; 17
(b) if the board has, under section 46(1)(b), required the applicant to 18
give the board further information or a document--the day that is 19
60 days after the board receives the further information or 20
document; 21
(c) if the board has, under section 46(1)(c), required the applicant to 22
undergo an examination--the day that is 60 days after the board 23
receives the results of the examination; 24
(d) if the board has, under section 46(1)(d), required the applicant to 25
undergo a health assessment--the day that is 60 days after the 26
board receives the assessment report. 27
11 If the applicant is registered as a provisional general registrant, section 67 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 55 41 s 57
Osteopaths Registration
Subdivision 5--Information in certificates of general registration 1
of certificates of general registration 2
Forms
55.(1) A certificate of general registration must be in the approved form. 3
(2) The approved form must provide for the inclusion of the following-- 4
(a) the registrant's name; 5
(b) the period of the registration; 6
(c) any conditions of registration. 7
6--Period of general registration 8
Subdivision
9
Period
56.(1) The period of registration that is to apply to general registrants is 10
the period (the "general registration period"), not more than 3 years, 11
prescribed under a regulation. 12
(2) If the board decides to register an applicant for general registration as 13
a general registrant during a general registration period, the registration 14
remains in force for the period-- 15
(a) commencing on the day when the board makes the decision; and 16
(b) ending on the last day of the general registration period. 17
Subdivision 7--Conditions of general registration 18
of conditions by board 19
Imposition
57.(1) The board may decide to register an applicant for general 20
registration as a general registrant on conditions the board considers 21
necessary or desirable for the applicant to competently and safely practise 22
the profession. 23
24
Examples of conditions of general registration--
25
1. A condition that a general registrant only practise the profession under the
26
supervision of another general registrant.
s 58 42 s 59
Osteopaths Registration
1
2. A condition prohibiting a general registrant engaging in stated procedures
2
related to the practice of the profession.
(2) If the board decides to register an applicant for general registration as 3
a general registrant on conditions, it must as soon as practicable-- 4
(a) also decide the review period applying to the conditions;12 and 5
(b) give the applicant an information notice about the decisions. 6
(3) If the board decides to register an applicant for general registration as 7
a general registrant on conditions because of the applicant's mental and 8
physical health, it must also decide whether details of the conditions must be 9
recorded in the register for the period for which the conditions are in force. 10
(4) The board must decide not to record details of the conditions 11
mentioned in subsection (3) in the register unless it reasonably believes it is 12
in the interests of users of the registrant's services or the public to know the 13
details. 14
of conditions 15
Contravention
58. A general registrant must not contravene a condition of the 16
registration imposed under this Act. 17
Maximum penalty--100 penalty units. 18
3--Provisional general registration 19
Division
of "authorised person" for div 3 20
Meaning
59.(1) In this division-- 21
"authorised person" means any of the following persons who are 22
authorised by the board to decide to register a person as a provisional 23
general registrant-- 24
(a) the executive officer; 25
(b) a member; 26
12 The conditions may be reviewed under division 7 (Reviewing conditions of
general registrations).
s 60 43 s 60
Osteopaths Registration
(c) a member of the office's staff. 1
(2) An authority mentioned in subsection (1) may be limited by reference 2
to specified conditions, exceptions or factors. 3
general registration of a person 4
Provisional
60.(1) Subsection (2) applies if an authorised person reasonably 5
considers-- 6
(a) an applicant for general registration is eligible for the registration 7
without conditions; and 8
(b) because of the period before the board is likely to consider the 9
application in the ordinary course of its business, it is not 10
reasonable for the applicant to have to wait for the board to 11
consider the application. 12
(2) The authorised person may decide to register the applicant as a 13
provisional general registrant. 14
(3) Subsection (4) applies if an authorised person or the board-- 15
(a) reasonably considers, subject to an applicant for general 16
registration giving the board further evidence of the applicant's 17
relevant qualification, the applicant is eligible for the registration 18
without conditions; or 19
(b) reasonably considers-- 20
(i) an applicant for general registration would be eligible for 21
general registration without conditions, other than for the fact 22
that the relevant qualification relied on by the applicant has 23
not been conferred on, or awarded to, the applicant; and 24
(ii) the applicant is entitled to have the relevant qualification 25
conferred on, or awarded to, him or her. 26
(4) The authorised person or board may decide to register the applicant as 27
a provisional general registrant. 28
(5) If the authorised person or board decides to register the applicant as a 29
provisional general registrant, the authorised person or board must as soon 30
as practicable issue a certificate of provisional general registration to the 31
applicant. 32
s 61 44 s 63
Osteopaths Registration
(6) An authorised person or the board may not decide to register a person 1
as a provisional general registrant on conditions. 2
or cancellation of provisional general registration 3
Confirmation
61.(1) If an authorised person decides to register an applicant for general 4
registration as a provisional general registrant, the authorised person must as 5
soon as practicable report to the board about the basis for the authorised 6
person's decision. 7
(2) The board must consider the report and decide whether to confirm or 8
cancel the provisional general registration. 9
(3) In making its decision, the board must consider whether the 10
authorised person should have decided to register the applicant as a 11
provisional general registrant. 12
(4) If the board decides to cancel the provisional general registration, it 13
must as soon as practicable give the applicant notice of its decision. 14
after cancellation of provisional general registration 15
Procedure
62.(1) This section applies if the board decides, under section 61, to 16
cancel a person's provisional general registration. 17
(2) The notice of cancellation must include the reason for the decision. 18
(3) The decision takes effect on the day the notice is given to the person. 19
(4) The person must return the certificate of provisional general 20
registration to the board within 14 days after receiving the notice, unless the 21
person has a reasonable excuse. 22
Maximum penalty--10 penalty units. 23
(5) Even though the board decides to cancel a person's provisional 24
general registration, it must still consider the person's application for general 25
registration. 26
of certificate of provisional general registration 27
Form
63.(1) A certificate of provisional general registration must be in the 28
approved form. 29
s 64 45 s 66
Osteopaths Registration
(2) The approved form must provide for the inclusion of the following-- 1
(a) the registrant's name; 2
(b) the period of the registration. 3
4
Period
64. The provisional general registration of a person remains in force for 5
the period, not more than 6 months, decided by the authorised person or 6
board when deciding to register the person as a provisional general 7
registrant. 8
decides to register provisional general registrant as a general 9
Board
registrant 10
65.(1) This section applies if-- 11
(a) a person is a provisional general registrant; and 12
(b) the board decides to register the person as a general registrant. 13
(2) The provisional general registration is cancelled when the person 14
receives a certificate of general registration under section 52(1).13 15
(3) The general registration is taken to have started from the day the 16
person was registered as a provisional general registrant. 17
decides to refuse to register provisional general registrant as a 18
Board
general registrant 19
66.(1) This section applies if-- 20
(a) a person is a provisional general registrant; and 21
(b) the board decides to refuse to register the person as a general 22
registrant. 23
(2) The provisional general registration is cancelled when an information 24
notice about the decision is given to the person under section 52(2). 25
(3) The person must return the certificate of provisional general 26
13 Section 52 (Steps to be taken after application decided)
s 67 46 s 68
Osteopaths Registration
registration to the board within 14 days after receiving the information 1
notice, unless the person has a reasonable excuse. 2
Maximum penalty for subsection (3)--10 penalty units. 3
refusal by board to register provisional general registrant as a 4
Deemed
general registrant 5
67.(1) This section applies if-- 6
(a) a person is a provisional general registrant; and 7
(b) other than for section 53(4) or 54(5),14 the board would have been 8
taken to have decided to refuse to register the person as a general 9
registrant. 10
(2) The board is taken to have decided to refuse to register the person as a 11
general registrant on the expiry of the provisional general registration. 12
Division 4--Renewal of general registrations 13
1--Preliminary 14
Subdivision
of "recency of practice requirements" 15
Meaning
68.(1) "Recency of practice requirements" are requirements, 16
prescribed under a regulation, that if satisfied demonstrate that an applicant 17
for renewal of a general registration has maintained an adequate connection 18
with the profession. 19
(2) The requirements may include requirements about the following-- 20
(a) the nature, extent and period of practice of the profession by the 21
applicant; 22
(b) the nature and extent of any continuing professional education 23
undertaken by the applicant; 24
(c) the nature and extent of any research, study or teaching, relating to 25
14 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 69 47 s 70
Osteopaths Registration
the profession, undertaken by the applicant; 1
(d) the nature and extent of any administrative work, relating to the 2
profession, performed by the applicant. 3
Subdivision 2--Applications for renewal of general registrations 4
of imminent expiry of registration 5
Notification
69. The board must give a general registrant notice of the imminent 6
expiry of the registration at least 60 days before the expiry. 7
requirements for applications 8
Procedural
70.(1) A general registrant may apply to the board for the renewal of the 9
registration. 10
(2) The application must be made within the period-- 11
(a) starting-- 12
(i) 60 days before the expiry of the registration; or 13
(ii) on an earlier day, if any, stated in the notice given to the 14
registrant under section 69; and 15
(b) ending immediately before the expiry. 16
(3) The application must-- 17
(a) be in the approved form; and 18
(b) be accompanied by-- 19
(i) the registration fee; and 20
(ii) any documents, identified in the approved form, the board 21
reasonably requires to decide the application. 22
(4) Information in the application must, if the approved form requires, be 23
verified by a statutory declaration. 24
(5) The approved form must require the applicant to state the following-- 25
(a) whether the applicant suffers from any ongoing medical 26
condition, of which the applicant is aware, that the applicant 27
s 71 48 s 72
Osteopaths Registration
knows or ought reasonably to know adversely affects the 1
applicant's ability to competently and safely practise the 2
profession;15 3
(b) if there are recency of practice requirements relevant to the 4
applicant, details of the extent to which the applicant has satisfied 5
the requirements. 6
registration taken to be in force while application is 7
General
considered 8
71.(1) If an application is made under section 70, the applicant's general 9
registration is taken to continue in force from the day it would, apart from 10
this section, have expired until-- 11
(a) if the board decides to renew the applicant's general 12
registration--the day a new certificate of general registration is 13
issued to the applicant under section 75(1); or 14
(b) if the board decides to refuse to renew the applicant's general 15
registration--the day an information notice about the decision is 16
given to the applicant under section 75(2); or 17
(c) if the application is taken to have been withdrawn under 18
section 72(4)--the day it is taken to have been withdrawn. 19
(2) Subsection (1) does not apply if the registration is earlier cancelled 20
under this Act or suspended or cancelled under the Health Practitioners 21
(Professional Standards) Act 1999. 22
Subdivision 3--Decision on applications 23
into applications 24
Inquiries
72.(1) Before deciding the application, the board-- 25
(a) may investigate the applicant; and 26
15 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 73 49 s 73
Osteopaths Registration
(b) may, by notice given to the applicant, require the applicant to give 1
the board, within a reasonable time of at least 30 days stated in the 2
notice, further information or a document the board reasonably 3
requires to decide the application; and 4
(c) may, if the board is not satisfied the applicant has satisfied 5
recency of practice requirements, by notice given to the applicant, 6
require the applicant to undergo a written, oral or practical 7
examination within a reasonable time of at least 30 days stated in 8
the notice, and at a reasonable place. 9
(2) The board may require the information or document mentioned in 10
subsection (1)(b) to be verified by a statutory declaration. 11
(3) The purpose of an examination under subsection (1)(c) must be to 12
assess any effect the applicant's non-satisfaction of the requirements has on 13
the applicant's ability to competently and safely practise the profession. 14
(4) The applicant is taken to have withdrawn the application if, within the 15
stated time, the applicant-- 16
(a) does not comply with a requirement under subsection (1)(b); or 17
(b) does not undergo an examination under subsection (1)(c). 18
19
Decision
73.(1) The board must consider the application and decide to renew, or 20
refuse to renew, the applicant's general registration. 21
(2) In making its decision, the board must have regard only to the extent, 22
if any, to which the applicant has satisfied recency of practice 23
requirements.16 24
(3) If there are no recency of practice requirements relevant to the 25
applicant, the board must decide to renew the applicant's general 26
registration. 27
16 Under section 74(2), the board may decide to renew the registration on recency
of practice conditions if the board is not satisfied the applicant has satisfied
recency of practice requirements.
s 74 50 s 74
Osteopaths Registration
of practice requirements are not satisfied 1
Recency
74.(1) This section applies if the board is not satisfied the applicant has 2
satisfied recency of practice requirements. 3
(2) The board may decide to renew the applicant's general registration on 4
conditions ("recency of practice conditions") the board considers will 5
sufficiently address the extent to which the applicant has not satisfied the 6
requirements. 7
(3) Before deciding to renew the registration on recency of practice 8
conditions, the board must-- 9
(a) give notice to the applicant-- 10
(i) of the details of the proposed conditions; and 11
(ii) of the reason for the proposed imposition of the conditions; 12
and 13
(iii) that the applicant may make a written submission to the 14
board about the proposed conditions within a reasonable 15
time of at least 14 days stated in the notice; and 16
(b) have regard to any written submission made to the board by the 17
applicant before the stated day. 18
(4) If the board decides to renew the registration on recency of practice 19
conditions, it must as soon as practicable-- 20
(a) also decide the review period applying to the conditions;17 and 21
(b) give the applicant an information notice about the decisions. 22
(5) The imposition of the conditions takes effect on the later of the 23
following-- 24
(a) when the information notice is given to the applicant; 25
(b) immediately after the day the registration would have expired, 26
other than for its renewal. 27
17 The conditions may be reviewed under division 7 (Reviewing conditions of
general registrations).
s 75 51 s 76
Osteopaths Registration
to be taken after application decided 1
Steps
75.(1) If the board decides to renew the applicant's general registration, it 2
must as soon as practicable issue a new certificate of general registration to 3
the applicant. 4
(2) If the board decides to refuse to renew the applicant's general 5
registration, it must as soon as practicable give the applicant an information 6
notice about the decision. 7
(3) Without affecting section 74(2), if the board decides to renew the 8
applicant's general registration, the renewed general registration is subject to 9
the conditions attaching to the registration immediately before the decision 10
takes effect.18 11
5--Restoration of general registrations 12
Division
of div 4, sdivs 1 and 3 13
Application
76. For restoring a general registration, division 4, subdivisions 1 and 3, 14
other than sections 74(5) and 75(3),19 apply as if-- 15
(a) an application for renewal of a general registration were an 16
application for restoration of a general registration; and 17
(b) an applicant for renewal of a general registration were an applicant 18
for restoration of a general registration; and 19
(c) a renewal of a general registration were a restoration of a general 20
registration. 21
18 The conditions may include conditions imposed under the Health Practitioners
(Professional Standards) Act 1999.
19 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and
3 (Decision on applications), sections 74 (Recency of practice requirements are
not satisfied) and 75 (Steps to be taken after application decided)
s 77 52 s 79
Osteopaths Registration
an application for restoration of a general registration may be 1
When
made 2
77. If a person's general registration has expired, the person may apply to 3
the board for restoration of the registration within 3 months after the expiry. 4
requirements for applications 5
Procedural
78.(1) The application must-- 6
(a) be in the approved form; and 7
(b) be accompanied by-- 8
(i) the restoration fee prescribed under a regulation (the 9
"restoration fee"); and 10
(ii) any documents, identified in the approved form, the board 11
reasonably requires to decide the application. 12
(2) Information in the application must, if the approved form requires, be 13
verified by a statutory declaration. 14
(3) The approved form must require the applicant to state the following-- 15
(a) whether the applicant suffers from any ongoing medical 16
condition, of which the applicant is aware, that the applicant 17
knows or ought reasonably to know adversely affects the 18
applicant's ability to competently and safely practise the 19
profession;20 20
(b) if there are recency of practice requirements relevant to the 21
applicant, details of the extent to which the applicant has satisfied 22
the requirements. 23
of restored registration 24
Period
79. If the board decides to restore the applicant's general registration 25
during a general registration period, the registration remains in force for the 26
period-- 27
20 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 80 53 s 83
Osteopaths Registration
(a) commencing on the day when the board makes the decision; and 1
(b) ending on the last day of the general registration period. 2
of expired registration 3
Conditions
80. Without affecting section 74(2), as applied by section 76, if the board 4
decides to restore the applicant's general registration, the registration is 5
subject to the conditions attaching to the registration immediately before its 6
expiry. 7
recency of practice conditions take effect 8
When
81. If the board decides to restore the applicant's general registration on 9
recency of practice conditions, the imposition of the conditions takes effect 10
when the information notice about the decision is given by the board to the 11
applicant. 12
Division 6--Cancellation of general registrations 13
for cancellation 14
Ground
82. A person's general registration may be cancelled, under this division, 15
on the ground that the person was registered because of a materially false or 16
misleading representation or declaration. 17
cause notice 18
Show
83.(1) If the board believes the ground exists to cancel a general 19
registration, the board must before taking action to cancel the registration 20
give the registrant a notice (a "show cause notice"). 21
(2) The show cause notice must-- 22
(a) state the board proposes to cancel the registration; and 23
(b) state the ground for the proposed cancellation; and 24
(c) outline the facts and circumstances forming the basis for the 25
ground; and 26
s 84 54 s 86
Osteopaths Registration
(d) invite the registrant to show within a stated period (the "show 1
cause period") why the registration should not be cancelled. 2
(3) The show cause period must be a period ending not less than 21 days 3
after the show cause notice is given to the registrant. 4
about show cause notices 5
Representations
84.(1) The registrant may make written representations about the show 6
cause notice to the board in the show cause period. 7
(2) The board must consider all written representations (the "accepted 8
representations") made under subsection (1). 9
show cause process without further action 10
Ending
85.(1) This section applies if, after considering the accepted 11
representations for the show cause notice, the board no longer believes the 12
ground exists to cancel the registration. 13
(2) The board must not take any further action about the show cause 14
notice. 15
(3) The board must also as soon as practicable after coming to the belief 16
give notice to the registrant that no further action is to be taken about the 17
show cause notice. 18
19
Cancellation
86.(1) This section applies if, after considering the accepted 20
representations for the show cause notice, the board-- 21
(a) still believes the ground exists to cancel the registration; and 22
(b) believes cancellation of the registration is warranted. 23
(2) This section also applies if there are no accepted representations for 24
the show cause notice. 25
(3) The board may decide to cancel the registration. 26
(4) If the board decides to cancel the registration, it must as soon as 27
practicable give the registrant an information notice about the decision. 28
s 87 55 s 89
Osteopaths Registration
(5) The decision takes effect on the day the information notice is given to 1
the registrant. 2
of cancelled certificate of general registration to board 3
Return
87.(1) This section applies if the board decides to cancel a general 4
registration and gives an information notice for the decision to the registrant. 5
(2) The registrant must return the certificate of general registration to the 6
board within 14 days after receiving the information notice, unless the 7
registrant has a reasonable excuse. 8
Maximum penalty for subsection (2)--10 penalty units. 9
Division 7--Reviewing conditions of general registrations 10
1--Review of conditions imposed by the board or District 11
Subdivision
Court 12
of conditions 13
Review
88. Conditions imposed on a general registration under this Act may be 14
reviewed under this division. 15
registrant may start a review 16
How
89.(1) The registrant to whom the conditions relate may apply to the 17
board for a review of the conditions. 18
(2) However, the application must not be made-- 19
(a) during the review period applying to the conditions; or 20
(b) while an appeal to the District Court about the decision to impose 21
the conditions is pending. 22
(3) The application must-- 23
(a) be in the approved form; and 24
(b) be accompanied by the fee prescribed under a regulation. 25
s 90 56 s 91
Osteopaths Registration
(4) The approved form must require the registrant to state-- 1
(a) that the registrant believes the conditions are no longer 2
appropriate; and 3
(b) the reason for the registrant's belief. 4
(5) The board must consider the application and make a decision under 5
section 94. 6
of conditions during review period 7
Review
90.(1) This section applies if, during the review period applying to the 8
conditions, the board reasonably believes the conditions may no longer be 9
appropriate. 10
(2) The board may, with the written agreement of the registrant to whom 11
the conditions relate, review the conditions. 12
powers before making decision 13
Board's
91.(1) Before making its decision under section 94, the board-- 14
(a) may investigate the registrant; and 15
(b) may, by notice given to the registrant, require the registrant to give 16
the board, within a reasonable time of at least 30 days stated in the 17
notice, further information or a document the board reasonably 18
requires to make the decision; and 19
(c) may, by notice given to the registrant, require the registrant to 20
undergo a written, oral or practical examination within a 21
reasonable time of at least 30 days stated in the notice, and at a 22
reasonable place; and 23
(d) may, by notice given to the registrant, require the registrant to 24
undergo a health assessment within a reasonable time of at least 25
30 days stated in the notice, and at a reasonable place. 26
(2) The board may require the information or document mentioned in 27
subsection (1)(b) to be verified by a statutory declaration. 28
(3) Subject to section 94(2), the purpose of an examination under 29
subsection (1)(c) must be to assess the registrant's ability to competently 30
s 92 57 s 93
Osteopaths Registration
and safely practise the profession. 1
(4) Subject to section 94(2), the purpose of an assessment under 2
subsection (1)(d) must be to assess the registrant's mental and physical 3
capacity to competently and safely practise the profession. 4
(5) Also, a notice under subsection (1)(d) must state-- 5
(a) the reason for the assessment; and 6
(b) the name and qualifications of the person appointed by the board 7
to conduct the assessment; and 8
(c) the place where, and the day and time at which, the assessment is 9
to be conducted. 10
of ss 47-50 11
Application
92.(1) This section applies if the board believes it is necessary for the 12
registrant to undergo a health assessment under section 91(1)(d). 13
(2) Sections 47 to 5021 apply as if-- 14
(a) an applicant for general registration were the registrant; and 15
(b) the reference in section 47(1) to section 46(1)(d) were a reference 16
to section 91(1)(d). 17
withdrawal of application etc. 18
Deemed
93.(1) Subsections (2) and (3) apply if the conditions are being reviewed 19
because of an application made by the registrant under section 89. 20
(2) The registrant is taken to have withdrawn the application if, within the 21
stated time, the registrant-- 22
(a) does not comply with a requirement under section 91(1)(b); or 23
(b) does not undergo an examination under section 91(1)(c); or 24
(c) does not undergo an assessment under section 91(1)(d). 25
21 Sections 47 (Appointment of appropriately qualified person to conduct health
assessment), 48 (Report about health assessment), 49 (Use of assessment report)
and 50 (Payment for health assessments and reports)
s 94 58 s 94
Osteopaths Registration
(3) A notice under section 91(1)(b), (c) or (d) must be given to the 1
registrant within 60 days after the board receives the application. 2
(4) Subsections (5) and (6) apply if the conditions are being reviewed 3
under section 90. 4
(5) The board is taken to have decided to confirm the conditions if, within 5
the stated time, the registrant-- 6
(a) does not comply with a requirement under section 91(1)(b); or 7
(b) does not undergo an examination under section 91(1)(c); or 8
(c) does not undergo an assessment under section 91(1)(d). 9
(6) A notice under section 91(1)(b), (c) or (d) must be given to the 10
registrant within 60 days after the board agrees with the registrant to review 11
the conditions. 12
13
Decision
94.(1) After reviewing the conditions, the board must decide-- 14
(a) to confirm the conditions; or 15
(b) to remove the conditions; or 16
(c) to change the conditions. 17
(2) In making its decision, the board must consider whether the 18
conditions remain necessary or desirable for the registrant to competently 19
and safely practise the profession. 20
(3) If the board decides to confirm or change the conditions, the 21
conditions may only be confirmed or changed for the reasons the conditions 22
were initially imposed. 23
(4) If the board decides to confirm or change the conditions, it must as 24
soon as practicable-- 25
(a) also decide the review period applying to the confirmed or 26
changed conditions; and 27
(b) give the registrant an information notice about the decisions. 28
(5) If the board decides to remove the conditions, it must as soon as 29
practicable give the registrant notice of the decision. 30
s 95 59 s 96
Osteopaths Registration
decision takes effect 1
When
95.(1) If the board decides to confirm the conditions, the decision takes 2
effect when it is made. 3
(2) If the board decides to change the conditions, the change takes effect 4
when an information notice about the decision is given to the registrant 5
under section 94(4)(b) and does not depend on the certificate of general 6
registration being amended to record the change or a replacement certificate 7
of general registration being issued. 8
(3) If the board decides to remove the conditions, the removal takes effect 9
when notice of the decision is given to the registrant under section 94(5) and 10
does not depend on the certificate of general registration being amended to 11
record the removal or a replacement certificate of general registration being 12
issued. 13
by board to make decision on application 14
Failure
96.(1) Subject to subsections (2) and (3), if the board fails to decide an 15
application under section 8922 within 60 days after its receipt, the failure is 16
taken to be a decision by the board to remove the conditions. 17
(2) Subsection (3) applies if the board has-- 18
(a) under section 91(1)(b), 23 required the applicant to give the board 19
further information or a document; or 20
(b) under section 91(1)(c), required the applicant to undergo an 21
examination; or 22
(c) under section 91(1)(d), required the applicant to undergo a health 23
assessment. 24
(3) The board is taken to have decided to remove the conditions if the 25
board fails to decide the application by the latest of the following days-- 26
(a) the day that is 60 days after the board receives the further 27
information or document; 28
(b) the day that is 60 days after the board receives the results of the 29
22 Section 89 (How registrant may start a review)
23 Section 91 (Board's powers before making decision)
s 97 60 s 97
Osteopaths Registration
examination; 1
(c) the day that is 60 days after the board receives the assessment 2
report. 3
(4) The removal of the conditions under subsection (1) or (3) does not 4
depend on the certificate of general registration being amended to record the 5
removal or a replacement certificate of general registration being issued. 6
by board to make decision on review agreed to under s 90 7
Failure
97.(1) Subject to subsections (2) and (3), if the board fails to make a 8
decision on a review agreed to under section 9024 within 60 days after the 9
agreement, the failure is taken to be a decision by the board to remove the 10
conditions. 11
(2) Subsection (3) applies if the board has-- 12
(a) under section 91(1)(b), required the registrant to give the board 13
further information or a document; or 14
(b) under section 91(1)(c), required the registrant to undergo an 15
examination; or 16
(c) under section 91(1)(d), required the registrant to undergo a health 17
assessment. 18
(3) The board is taken to have decided to remove the conditions if the 19
board fails to make a decision on the review by the latest of the following 20
days-- 21
(a) the day that is 60 days after the board receives the further 22
information or document; 23
(b) the day that is 60 days after the board receives the results of the 24
examination; 25
(c) the day that is 60 days after the board receives the assessment 26
report. 27
(4) The removal of the conditions under subsection (1) or (3) does not 28
depend on the certificate of general registration being amended to record the 29
removal or a replacement certificate of general registration being issued. 30
24 Section 90 (Review of conditions during review period)
s 98 61 s 99
Osteopaths Registration
decision required if certain conditions changed 1
Further
98.(1) This section applies if the conditions were imposed because of the 2
registrant's mental and physical health. 3
(2) If the board decides to change the conditions, it must also decide 4
whether details of the changed conditions must be recorded in the register 5
for the period for which the conditions are in force. 6
(3) The board must decide not to record details of the changed conditions 7
in the register unless it reasonably believes it is in the interests of users of 8
the registrant's services or the public to know the details. 9
2--Recording change, or removal, of conditions 10
Subdivision
of, or replacing, certificates of general registration 11
Amendment
99.(1) This section applies if-- 12
(a) a general registrant receives an information notice, under 13
section 94(4)(b), about decisions relating to a change of the 14
conditions of the registration; or 15
(b) a general registrant receives a notice, under section 94(5), about a 16
decision to remove the conditions of the registration; or 17
(c) the board is taken, under section 96 or 97, to have decided to 18
remove the conditions of a general registration. 19
(2) The registrant must return the certificate of general registration to the 20
board-- 21
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 22
the notice, unless the registrant has a reasonable excuse; or 23
(b) if subsection (1)(c) applies--within 14 days after the day the 24
registrant actually becomes aware of the removal. 25
Maximum penalty--10 penalty units. 26
(3) On receiving the certificate, the board must-- 27
(a) amend the certificate in an appropriate way and return the 28
amended certificate to the registrant; or 29
s 100 62 s 101
Osteopaths Registration
(b) if the board does not consider it practicable to amend the 1
certificate, issue another certificate of general registration to the 2
registrant to replace the certificate returned to the board. 3
8--Special purpose registrations 4
Division
1--Applications for special purpose registration 5
Subdivision
of special activities relating to the profession 6
Undertaking
100. A person may obtain special purpose registration to undertake 1 or 7
more of the following activities (the "special activities") relating to the 8
profession-- 9
(a) study or train at postgraduate level; 10
(b) teach; 11
(c) engage in research; 12
(d) give clinical demonstrations. 13
of divs 2 and 3 14
Application
101.(1) For a person being registered as a special purpose registrant, 15
division 2, other than subdivisions 2, 6 and 7, and division 325 apply as if-- 16
(a) an application for general registration were an application for 17
special purpose registration; and 18
(b) an applicant for general registration were an applicant for special 19
purpose registration; and 20
(c) a general registration were a special purpose registration; and 21
(d) a general registrant were a special purpose registrant; and 22
(e) a certificate of general registration were a certificate of special 23
25 Division 2 (Applications for general registration), subdivisions 2 (Eligibility for
general registration), 6 (Period of general registration) and 7 (Conditions of
general registration) and division 3 (Provisional general registration)
s 102 63 s 103
Osteopaths Registration
purpose registration; and 1
(f) a provisional general registrant were a provisional special purpose 2
registrant; and 3
(g) a provisional general registration were a provisional special 4
purpose registration; and 5
(h) a certificate of provisional general registration were a certificate of 6
provisional special purpose registration. 7
(2) The approved form for a certificate of special purpose registration, or 8
provisional special purpose registration, must also provide for the inclusion 9
of details of the special activity for which the registrant is registered. 10
11
Eligibility
102. An applicant for special purpose registration is eligible for special 12
purpose registration if the applicant-- 13
(a) has a qualification required for special purpose registration; and 14
(b) is a suitable person to be a special purpose registrant. 15
for special purpose registration 16
Qualifications
103.(1) An applicant for special purpose registration has a qualification 17
required for special purpose registration if the applicant is the holder of a 18
qualification in the profession recognised by the board. 19
(2) In deciding whether to recognise the qualification, the board may have 20
regard to the following-- 21
(a) whether the course leading to the qualification has been accredited 22
by an entity responsible for accrediting courses for the profession; 23
(b) whether the educational institution conferring or awarding the 24
qualification has been accredited by an entity responsible for 25
accrediting institutions to educate persons for the profession; 26
(c) the advice and recommendations of an entity recognised by the 27
board as competent to assess qualifications in the profession. 28
s 104 64 s 106
Osteopaths Registration
to be a special purpose registrant 1
Suitability
104. In deciding whether an applicant for special purpose registration is a 2
suitable person to be a special purpose registrant, the board may have regard 3
to the following-- 4
(a) whether the applicant has been convicted of an indictable offence; 5
(b) whether the applicant has been convicted of an offence against the 6
repealed Act, this Act, the Health Practitioners (Professional 7
Standards) Act 1999 or a corresponding law; 8
(c) if the applicant has been registered under this Act or the repealed 9
Act or is, or has been, registered under a corresponding law and 10
the registration was affected-- 11
(i) by the imposition of a condition--the nature of the condition 12
and the reason for its imposition; or 13
(ii) by its suspension or cancellation--the reason for its 14
suspension or cancellation; or 15
(iii) in another way--the way it was affected and the reason for it 16
being affected; 17
(d) any other issue relevant to the applicant's ability to undertake the 18
special activity the subject of the application. 19
of special purpose registration 20
Period
105. If the board decides to register the applicant as a special purpose 21
registrant, the registration remains in force for the period, not more than 22
1 year, decided by the board when deciding to register the applicant as a 23
special purpose registrant. 24
of conditions by board 25
Imposition
106.(1) The board may decide to register the applicant as a special 26
purpose registrant on conditions the board considers necessary or desirable 27
for the applicant to competently and safely undertake the special activity the 28
subject of the application. 29
(2) If the board decides to register the applicant as a special purpose 30
s 107 65 s 108
Osteopaths Registration
registrant on conditions, it must as soon as practicable give the applicant an 1
information notice about the decision. 2
of conditions 3
Contravention
107. A special purpose registrant must not contravene a condition of the 4
registration imposed under this Act. 5
Maximum penalty--100 penalty units. 6
Subdivision 2--Renewal of special purpose registrations 7
of div 4, sdivs 2 and 3 8
Application
108. For renewing a special purpose registration, division 4, 9
subdivisions 2 and 3, other than sections 70(5)(a) and 75(3)26 and the 10
provisions to the extent to which they relate to recency of practice 11
requirements, apply as if-- 12
(a) an application for the renewal of a general registration were an 13
application for the renewal of a special purpose registration; and 14
(b) an applicant for the renewal of a general registration were an 15
applicant for the renewal of a special purpose registration; and 16
(c) an applicant's general registration were an applicant's special 17
purpose registration; and 18
(d) a general registrant were a special purpose registrant; and 19
(e) a certificate of general registration were a certificate of special 20
purpose registration. 21
26 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for
renewal of general registrations) and 3 (Decision on applications),
sections 70 (Procedural requirements for applications) and 75 (Steps to be taken
after application decided)
s 109 66 s 112
Osteopaths Registration
that may be considered in deciding whether to renew special 1
Matters
purpose registrations 2
109. In deciding whether to renew a special purpose registration, the 3
board may have regard to the matters to which the board may have regard in 4
deciding whether a proposed special purpose registrant is a suitable person 5
to be a special purpose registrant.27 6
of conditions by board 7
Imposition
110.(1) The board may decide to renew a special purpose registration on 8
conditions the board considers necessary or desirable for the registrant to 9
competently and safely undertake the special activity the subject of the 10
registration. 11
(2) If the board decides to renew a special purpose registration on 12
conditions, it must as soon as practicable give the registrant an information 13
notice about the decision. 14
(3) To remove doubt, it is declared that any conditions attaching to the 15
registration immediately before its renewal do not continue to apply to the 16
registration on its renewal. 17
of renewed special purpose registration 18
Period
111. If the board decides to renew a special purpose registration, the 19
registration remains in force for the period, not more than 1 year, decided by 20
the board when deciding to renew the registration. 21
Subdivision 3--Cancellation of special purpose registrations 22
of div 6 23
Application
112. For cancelling a special purpose registration, division 6, other than 24
27 See section 104 (Suitability to be a special purpose registrant) for a list of the
matters.
s 113 67 s 114
Osteopaths Registration
section 82, applies as if28-- 1
(a) a general registration were a special purpose registration; and 2
(b) a certificate of general registration were a certificate of special 3
purpose registration. 4
for cancellation 5
Grounds
113. Each of the following is a ground for cancelling a special purpose 6
registration-- 7
(a) the registrant has practised the profession other than for the 8
special activity for which the registrant is registered; 9
(b) the registrant has been convicted of an indictable offence; 10
(c) the registrant has been convicted of an offence against this Act, 11
the Health Practitioners (Professional Standards) Act 1999 or a 12
corresponding law; 13
(d) the registrant has contravened a condition of the registration; 14
(e) the registrant was registered because of a materially false or 15
misleading representation or declaration. 16
4--Removal of conditions 17
Subdivision
18
Removal
114.(1) This section applies if the board reasonably believes the 19
conditions imposed on a special purpose registration under this Act are no 20
longer appropriate. 21
(2) The board must decide to remove the conditions. 22
(3) The board must give the registrant notice of the decision as soon as 23
practicable after it is made. 24
(4) The registrant must return the certificate of special purpose 25
28 Division 6 (Cancellation of general registrations)
Section 82 (Ground for cancellation)
s 115 68 s 116
Osteopaths Registration
registration to the board within 14 days after receiving the notice, unless the 1
registrant has a reasonable excuse. 2
Maximum penalty--10 penalty units. 3
(5) On receiving the certificate, the board must-- 4
(a) amend the certificate in an appropriate way and return the 5
amended certificate to the registrant; or 6
(b) if the board does not consider it practicable to amend the 7
certificate--issue another certificate of special purpose registration 8
to the registrant to replace the certificate returned to the board. 9
(6) The removal takes effect when notice of the decision is given to the 10
registrant and does not depend on the certificate of special purpose 11
registration being amended to record the removal or a replacement certificate 12
of special purpose registration being issued. 13
Division 9--General provisions about registrations 14
is taken to be registered under this part 15
Person
115.(1) This section applies if, under this Act, an entity decides to-- 16
(a) register a person; or 17
(b) restore a person's registration. 18
(2) The person is taken to be registered under this part. 19
of registrations 20
Surrender
116.(1) A registrant may surrender the registration by notice given to the 21
board. 22
(2) The surrender takes effect-- 23
(a) on the day the notice is given to the board; or 24
(b) if a later day of effect is stated in the notice, on the later day. 25
(3) The registrant must return the certificate of registration to the board 26
within 14 days after the day the surrender takes effect, unless the registrant 27
s 117 69 s 119
Osteopaths Registration
has a reasonable excuse. 1
Maximum penalty for subsection (3)--10 penalty units. 2
of certificates of registration 3
Replacement
117.(1) A registrant may apply to the board for the replacement of the 4
certificate of registration if it has been lost, stolen, destroyed or damaged. 5
(2) The board must consider the application and decide to grant, or refuse 6
to grant, the application. 7
(3) The board must decide to grant the application if it is satisfied the 8
certificate has been lost, stolen or destroyed, or damaged in a way to require 9
its replacement. 10
(4) If the board decides to grant the application, it must on payment of the 11
fee prescribed under a regulation-- 12
(a) replace the lost, stolen, destroyed or damaged certificate with 13
another certificate of registration; and 14
(b) give the replacement certificate of registration to the applicant. 15
(5) If the board decides to refuse to grant the application, it must as soon 16
as practicable give the applicant an information notice about the decision. 17
copy of certificates of registration 18
Certified
118. A registrant may, on payment of the fee prescribed under a 19
regulation, obtain from the board a certified copy of the certificate of 20
registration. 21
of change in circumstances 22
Notification
119. A registrant must, within 21 days after the happening of a change in 23
the registrant's circumstances prescribed under a regulation, advise the 24
board of the change. 25
Maximum penalty--10 penalty units. 26
s 120 70 s 120
Osteopaths Registration
of certain events to interstate regulatory authorities and 1
Notification
other entities 2
120.(1) This section applies if-- 3
(a) a person's general registration or special purpose registration is 4
cancelled under this Act; or 5
(b) conditions are imposed, under this Act, on a person's general 6
registration or special purpose registration; or 7
(c) conditions on a person's general registration or special purpose 8
registration are removed under this Act. 9
(2) As soon as practicable after an event mentioned in subsection (1) 10
happens, the board must give notice about the event to each interstate 11
regulatory authority with which the board is aware the person is registered. 12
(3) Also, the board may give notice about the event to any of the 13
following-- 14
(a) the chief executive; 15
(b) other State regulatory authorities; 16
(c) foreign regulatory authorities; 17
(d) professional colleges of which the person is eligible to be a 18
member; 19
(e) professional associations of which the person is eligible to be a 20
member; 21
(f) an employer of the person; 22
(g) the Health Insurance Commission; 23
(h) the Health Rights Commissioner; 24
(i) the Minister; 25
(j) another entity having a connection with the person's practice as a 26
general or special purpose registrant. 27
(4) However, the board must not give a notice about the event to an entity 28
under subsection (3) unless the board reasonably believes-- 29
(a) the entity needs to know about the event; and 30
(b) giving the entity notice about the event will assist in achieving the 31
s 121 71 s 121
Osteopaths Registration
objects of this Act. 1
(5) A notice under this section may include the information the board 2
considers appropriate in the circumstances. 3
(6) In this section-- 4
"impose", a condition, does not include confirm the condition. 5
"State regulatory authorities" means boards established under the health 6
practitioner registration Acts. 7
ART 4--OBLIGATIONS OF REGISTRANTS AND 8
P
OTHER PERSONS 9
1--Restricted titles and holding out 10
Division
of restricted titles etc. 11
Taking
121.(1) A person who is not a registrant must not take or use a restricted 12
title. 13
Maximum penalty--1 000 penalty units. 14
15
Example of an individual taking or using a restricted title--
16
AB describes himself or herself as `AB, osteopath'.
17
Examples of a corporation taking or using a restricted title--
18
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, osteopaths'.
19
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 20
(a) the title is taken or used as part of a business name for a business 21
providing professional services; and 22
(b) in the carrying on of the business by the person, a registrant 23
provides professional services. 24
(3) Also, subsection (1) does not apply if-- 25
s 121 72 s 121
Osteopaths Registration
(a) the person is undertaking study or training in the practice of the 1
profession to obtain a qualification for registration; and 2
(b) the person takes or uses the title, in the course of the study or 3
training, in conjunction with words that indicate the person is a 4
student or trainee in the profession. 5
(4) A person (the "first person") must not, in relation to another person 6
who the first person knows or ought reasonably to know is not a registrant, 7
use a restricted title. 8
Maximum penalty--1 000 penalty units. 9
(5) Subsection (4) does not apply if-- 10
(a) the other person is undertaking study or training in the practice of 11
the profession to obtain a qualification for registration; and 12
(b) the first person uses the title in relation to the other person, in the 13
course of the study or training, in conjunction with words that 14
indicate the other person is a student or trainee in the profession. 15
(6) A person who is not a registrant must not take or use a title (other 16
than a restricted title), name, initial, symbol, word or description that, having 17
regard to the circumstances in which it is taken or used, indicates or could 18
be reasonably understood to indicate-- 19
(a) the person is an osteopath; or 20
(b) the person is authorised or qualified to practise the profession. 21
Maximum penalty--500 penalty units. 22
(7) A person (the "first person") must not, in relation to another person 23
who the first person knows or ought reasonably to know is not a registrant, 24
use a title (other than a restricted title), name, initial, symbol, word or 25
description that, having regard to the circumstances in which it is used, 26
indicates or could be reasonably understood to indicate-- 27
(a) the other person is an osteopath; or 28
(b) the other person is authorised or qualified to practise the 29
profession. 30
Maximum penalty for subsection (7)--500 penalty units. 31
s 122 73 s 124
Osteopaths Registration
by persons as to registration 1
Claims
122. A person who is not a registrant must not-- 2
(a) claim, or hold himself or herself out, to be registered under this 3
Act; or 4
(b) allow himself or herself to be held out as being registered under 5
this Act; or 6
(c) claim, or hold himself or herself out, to be eligible to be registered 7
under this Act. 8
Maximum penalty--1 000 penalty units. 9
by persons as to other persons' registration 10
Claims
123. A person must not hold out another person as being registered 11
under this Act if the person knows, or ought reasonably to know, the other 12
person is not registered under this Act. 13
Maximum penalty--1 000 penalty units. 14
15
Example--
16
A person carrying on a business providing professional services must not hold out
17
that an employee of the person is registered under this Act if the person knows the
18
employee is not registered under this Act.
on special purpose registrants, provisional general 19
Restrictions
registrants and provisional special purpose registrants 20
124.(1) A person who is a special purpose registrant or provisional 21
special purpose registrant must not-- 22
(a) claim, or hold himself or herself out, to be a general registrant or 23
provisional general registrant; or 24
(b) allow himself or herself to be held out as being a general 25
registrant or provisional general registrant; or 26
(c) claim, or hold himself or herself out, to be eligible to be a general 27
registrant or provisional general registrant. 28
Maximum penalty--100 penalty units. 29
(2) A person who is a provisional general registrant must not-- 30
s 125 74 s 126
Osteopaths Registration
(a) claim, or hold himself or herself out, to be a general registrant; or 1
(b) allow himself or herself to be held out as being a general 2
registrant; or 3
(c) claim, or hold himself or herself out, to be eligible to be a general 4
registrant. 5
Maximum penalty--100 penalty units. 6
(3) A person who is a provisional special purpose registrant must not-- 7
(a) claim, or hold himself or herself out, to be a special purpose 8
registrant; or 9
(b) allow himself or herself to be held out as being a special purpose 10
registrant; or 11
(c) claim, or hold himself or herself out, to be eligible to be a special 12
purpose registrant. 13
Maximum penalty--100 penalty units. 14
on registrants registered on conditions 15
Restrictions
125. A registrant who is registered on conditions must not-- 16
(a) claim, or hold himself or herself out, to be registered without the 17
conditions or any conditions; or 18
(b) allow himself or herself to be held out as being registered without 19
the conditions or any conditions. 20
Maximum penalty--100 penalty units. 21
Division 2--Notification of business names and other details 22
of business names etc. 23
Notification
126.(1) A registrant must, before carrying on a business providing 24
professional services under a business name other than the registrant's own 25
name, give the board notice of the business name. 26
Maximum penalty--10 penalty units. 27
s 127 75 s 127
Osteopaths Registration
(2) Subsection (1) applies whether or not the business name is registered 1
under the Business Names Act 1962. 2
(3) An individual who is not a registrant must, before carrying on a 3
business providing professional services, give the board notice of-- 4
(a) the business name of the business (whether or not the name is 5
registered under the Business Names Act 1962); and 6
(b) the name and address of the individual. 7
Maximum penalty--10 penalty units. 8
(4) A corporation must, before carrying on a business providing 9
professional services, give the board notice of-- 10
(a) the business name of the business (whether or not the name is 11
registered under the Business Names Act 1962); and 12
(b) the name and principal address of the corporation; and 13
(c) the names and addresses of-- 14
(i) if the corporation is a corporation under the Corporations 15
Law--the directors of the corporation; or 16
(ii) if the corporation is not a corporation under the Corporations 17
Law--the members of the governing body of the 18
corporation. 19
Maximum penalty for subsection (4)--50 penalty units. 20
of change in business names etc. 21
Notification
127.(1) This section applies if-- 22
(a) a person has given the board a notice under section 126; and 23
(b) there is a change in the information contained in the notice. 24
(2) The person must, within 14 days after the happening of the change, 25
give the board notice of the change. 26
Maximum penalty--10 penalty units. 27
(3) The person does not commit an offence against section 126 during 28
the period of 14 days after the happening of the change if the person 29
complies with subsection (2). 30
s 128 76 s 128
Osteopaths Registration
Division 3--Advertising 1
of advertisers 2
Obligations
128.(1) A person must not advertise a professional service, or a business 3
providing professional services, in a way that-- 4
(a) is false, misleading or deceptive or is likely to be misleading or 5
deceptive; or 6
7
Example for paragraph (a)--
8
An advertisement that contains a false claim about the beneficial
9
outcome of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 10
use the service or the business, unless the advertisement also 11
states the terms of the offer; or 12
(c) refers to, uses or cites actual or purported endorsements or 13
testimonials about the service or business, or a registrant; or 14
(d) is disparaging of-- 15
(i) a professional service provided by another person; or 16
(ii) a business providing professional services; or 17
(iii) a registrant. 18
Maximum penalty--200 penalty units. 19
(2) A person must not advertise a professional service that the person 20
knows or ought reasonably know will, or is likely to, harm a person to 21
whom it is provided. 22
Maximum penalty--200 penalty units. 23
(3) A person must not advertise a registrant's expertise in a field of 24
practice of the profession unless the registrant has the skills, knowledge, 25
training or qualifications necessary to practise in the field. 26
Maximum penalty--200 penalty units. 27
(4) A printer or publisher does not commit an offence against 28
subsection (1), (2) or (3) merely by, as part of his or her business, printing 29
or publishing an advertisement for another person. 30
s 129 77 s 131
Osteopaths Registration
to appear in advertisements 1
Information
129.(1) A person must not advertise a professional service, or a business 2
providing professional services, unless-- 3
(a) if a registrant provides the service, or carries on the business, 4
under a business name that is the registrant's own name--the 5
registrant's name is stated in the advertisement; or 6
(b) otherwise--the business name notified to the board under 7
section 126(1), (3) or (4) is stated in the advertisement. 8
Maximum penalty--50 penalty units. 9
(2) A printer or publisher does not commit an offence against 10
subsection (1) merely by, as part of his or her business, printing or 11
publishing an advertisement for another person. 12
4--Registrants' autonomy 13
Division
abetting etc. conduct that is a ground for disciplinary action 14
Aiding,
130.(1) A person must not aid, abet, counsel, procure or induce a 15
registrant to engage in conduct that the person is aware, or ought reasonably 16
be aware, is conduct forming the basis for a ground for disciplinary action 17
against a registrant mentioned in the Health Practitioners (Professional 18
Standards) Act 1999, section 124(1).29 19
Maximum penalty--1 000 penalty units. 20
(2) To remove doubt, it is declared that a registrant may be induced by 21
threats or promises. 22
5--Court orders and injunctions 23
Division
may be prohibited from supplying health services etc. 24
Persons
131.(1) This section applies if a person is convicted of an offence against 25
29 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
s 131 78 s 131
Osteopaths Registration
section 121, 122, 123, 128(1)(a), (2) or (3), 130(1) or 134.30 1
(2) The court sentencing the person for the offence may, on its own 2
initiative or the application of the prosecutor, make an order under 3
subsection (3) or (5). 4
(3) The court may make an order, applying for a period decided by the 5
court-- 6
(a) prohibiting the person from providing, or carrying on or 7
managing a business providing, a health service; or 8
(b) prohibiting the person from having a financial interest in a 9
business providing a health service; or 10
(c) if the person is a corporation, prohibiting an executive officer of 11
the corporation, who was in a position to influence the conduct of 12
the corporation in relation to the offence, from managing a 13
corporation that carries on a business providing a health service. 14
(4) For subsection (3)(c), a person manages a corporation if the person is 15
a director, or is in any way concerned in or takes part in the management of, 16
the corporation. 17
(5) Also, the court may make an order, applying for a period decided by 18
the court-- 19
(a) prohibiting the person from entering into commercial 20
arrangements with a person who provides, carries on or manages 21
a business providing, a health service; or 22
(b) if the person is a corporation, prohibiting an executive officer of 23
the corporation, who was in a position to influence the conduct of 24
the corporation in relation to the offence, from entering into 25
commercial arrangements with a person who provides, carries on 26
or manages a business providing, a health service. 27
(6) An order under subsection (3) or (5) may apply generally or be 28
limited in its application by reference to specified conditions, exceptions or 29
factors. 30
30 Section 121 (Taking of restricted titles etc.), 122 (Claims by persons as to
registration), 123 (Claims by persons as to other persons' registration),
128 (Obligations of advertisers), 130 (Aiding, abetting etc. conduct that is a
ground for disciplinary action) or 134 (Offence for taking reprisal)
s 132 79 s 132
Osteopaths Registration
(7) A reference in subsection (5) to a person entering into commercial 1
arrangements includes the entering into commercial arrangements on behalf 2
of another person. 3
(8) A person must not contravene an order under subsection (3) or (5). 4
Maximum penalty for subsection (8)--1 000 penalty units. 5
njunctions 6
I
132.(1) This section applies if-- 7
(a) a person (the "offending party")-- 8
(i) has engaged, is engaging or is proposing to engage in 9
conduct; or 10
(ii) has failed, is failing or is proposing to fail to do anything; 11
and 12
(b) the conduct or failure constituted, constitutes or would constitute a 13
contravention of section 121, 122, 123, 128(1)(a), (2) or (3) 14
or 130(1). 15
(2) Application may be made to the court under this section for an 16
injunction in relation to the conduct or failure. 17
(3) The application may be made by the board or a person authorised in 18
writing by the board. 19
(4) The court may grant an interim injunction under this section until the 20
application is finally decided. 21
(5) On considering the application for the injunction, the court may-- 22
(a) in a case to which subsection (1)(a)(i) applies--grant an 23
injunction restraining the offending party from engaging in the 24
conduct concerned and, if in the court's opinion it is desirable to 25
do so, requiring the offending party to do anything; or 26
(b) in a case to which subsection (1)(a)(ii) applies--grant an 27
injunction requiring the offending party to do the thing concerned. 28
(6) The court may grant the injunction-- 29
(a) if the court is satisfied that the offending party has engaged in the 30
conduct, or failed to do the thing, mentioned in subsection (1), 31
s 133 80 s 133
Osteopaths Registration
whether or not it appears to the court that the offending party 1
intends-- 2
(i) to engage again, or continue to engage, in the conduct; or 3
(ii) to again fail, or continue to fail, to do the thing; or 4
(b) if it appears to the court that, if the injunction is not granted, it is 5
likely that the offending party will engage in the conduct, or fail to 6
do the thing, mentioned in subsection (1), whether or not the 7
offending party has previously engaged in the conduct or failed to 8
do the thing. 9
(7) The court may grant the injunction on the terms the court considers 10
appropriate. 11
(8) Also, the court may grant an injunction requiring the offending party 12
to take stated action (including action to disclose information or publish 13
advertisements) to remedy any adverse effects of the offending party's 14
conduct or failure. 15
(9) The court may discharge an injunction granted under this section at 16
any time. 17
(10) The powers conferred on the court by this section are in addition to, 18
and do not limit, any other powers of the court. 19
(11) In this section-- 20
"court" means-- 21
(a) if proceedings for an offence relating to the conduct or failure are 22
pending in a Magistrates Court--the Magistrates Court; or 23
(b) in any case--the District Court. 24
Division 6--Reprisals 25
and grounds for reprisals 26
Reprisal
133.(1) A person must not cause, or attempt or conspire to cause, 27
detriment to another person because, or in the belief that-- 28
(a) anybody has given, or may give, information or assistance to the 29
board or an inspector about a person's alleged contravention of 30
s 134 81 s 135
Osteopaths Registration
division 1 or section 128(1)(a), (2) or (3) or 130(1);31 or 1
(b) anybody has given, or may give, evidence to the court in 2
proceedings for an offence against division 1 or section 128(1)(a), 3
(2) or (3) or 130(1). 4
(2) An attempt to cause detriment includes an attempt to induce a person 5
to cause detriment. 6
(3) A contravention of subsection (1) is a reprisal or the taking of a 7
reprisal. 8
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 9
the unlawful ground for the reprisal. 10
(5) For the contravention mentioned in subsection (3) to happen, it is 11
sufficient if the unlawful ground is a substantial ground for the act or 12
omission that is the reprisal, even if there is another ground for the act or 13
omission. 14
for taking reprisal 15
Offence
134. A person who takes a reprisal commits an offence. 16
Maximum penalty--167 penalty units or 2 years imprisonment. 17
entitlement for reprisal 18
Damages
135.(1) A reprisal is a tort and a person who takes a reprisal is liable in 19
damages to any person who suffers detriment as a result. 20
(2) Any appropriate remedy that may be granted by a court for a tort may 21
be granted by a court for the taking of a reprisal. 22
(3) If the claim for damages goes to trial in the Supreme Court or the 23
District Court, it must be decided by a judge sitting without a jury. 24
31 Division 1 (Restricted titles and holding out), section 128 (Obligations of
advertisers) or 130 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 136 82 s 138
Osteopaths Registration
7--Other provisions 1
Division
or acceptance of payment, for referrals prohibited 2
Payment,
136.(1) This section applies to a registrant, or a person carrying on a 3
business providing professional services, (the "service provider"). 4
(2) The service provider must not, directly or indirectly, pay an amount 5
or give another benefit, or attempt to pay an amount or give another benefit, 6
to a person in return for the person referring another person to the service 7
provider or service provider's business. 8
Maximum penalty--200 penalty units. 9
(3) The service provider must not, directly or indirectly, accept payment 10
or another benefit for referring a user of the professional services provided 11
by the service provider, or service provider's business, to a person 12
providing, or carrying on a business providing, a health service. 13
Maximum penalty for subsection (3)--200 penalty units. 14
PART 5--INVESTIGATION AND ENFORCEMENT 15
Division 1--Inspectors 16
of inspectors 17
Functions
137. An inspector has the function of conducting investigations and 18
inspections to enforce compliance with this Act. 19
of inspectors 20
Powers
138. For this Act, an inspector has the powers given to the person under 21
this Act. 22
s 139 83 s 141
Osteopaths Registration
on powers of inspectors 1
Limitation
139. The powers of an inspector may be limited under a condition of 2
appointment. 3
2--Appointment of inspectors and other matters 4
Division
ppointments 5
A
140. The board may appoint the following persons as an inspector-- 6
(a) a member; 7
(b) the executive officer; 8
(c) if the executive officer has agreed to the appointment, a member 9
of the office's staff the board considers has the necessary 10
expertise or experience to be an inspector; 11
(d) another person the board considers has the necessary expertise or 12
experience to be an inspector. 13
conditions 14
Appointment
141.(1) An inspector holds office on the conditions stated in the 15
instrument of appointment. 16
(2) An inspector ceases holding office-- 17
(a) if the appointment provides for a term of appointment--at the end 18
of the term; or 19
(b) if the conditions of appointment provide--on ceasing to hold 20
another office (the "main office") stated in the appointment 21
conditions. 22
(3) An inspector may resign by signed notice of resignation given to the 23
board. 24
(4) However, an inspector may not resign from the office of inspector 25
(the "secondary office") if a condition of the inspector's employment to the 26
main office requires the inspector to hold the secondary office. 27
s 142 84 s 144
Osteopaths Registration
cards 1
Identity
142.(1) The board must give an identity card to each inspector. 2
(2) The identity card must-- 3
(a) contain a recent photograph of the inspector; and 4
(b) be signed by the inspector; and 5
(c) identify the person as an inspector for this Act; and 6
(d) include an expiry date for the card. 7
(3) This section does not prevent the issue of a single identity card to a 8
person for this Act and other Acts. 9
to return identity card 10
Failure
143. A person who ceases to be an inspector must return the person's 11
identity card to the chairperson within 7 days after the person ceases to be an 12
inspector, unless the person has a reasonable excuse. 13
Maximum penalty--10 penalty units. 14
or display of inspector's identity card 15
Production
144.(1) An inspector may exercise a power in relation to someone else 16
(the "other person") only if the inspector-- 17
(a) first produces the inspector's identity card for the other person's 18
inspection; or 19
(b) has the identity card displayed so it is clearly visible to the other 20
person. 21
(2) However, if for any reason it is not practicable to comply with 22
subsection (1) before exercising the power, the inspector must produce the 23
identity card for the other person's inspection at the first reasonable 24
opportunity. 25
s 145 85 s 146
Osteopaths Registration
3--Powers of inspectors 1
Division
1--Entry of places 2
Subdivision
to enter places 3
Power
145.(1) An inspector may enter a place if-- 4
(a) its occupier consents to the entry; or 5
(b) it is a public place and the entry is made when the place is open to 6
the public; or 7
(c) the entry is authorised by a warrant. 8
(2) For the purpose of asking the occupier of a place for consent to enter, 9
an inspector may, without the occupier's consent or a warrant-- 10
(a) enter land around premises at the place to an extent that is 11
reasonable to contact the occupier; or 12
(b) enter part of the place the inspector reasonably considers 13
members of the public ordinarily are allowed to enter when they 14
wish to contact the occupier. 15
2--Procedure for entry 16
Subdivision
with consent 17
Entry
146.(1) This section applies if an inspector intends to ask an occupier of a 18
place to consent to the inspector or another inspector entering the place 19
under section 145(1)(a). 20
(2) Before asking for the consent, the inspector must tell the occupier-- 21
(a) the purpose of the entry; and 22
(b) that the occupier is not required to consent. 23
(3) If the consent is given, the inspector may ask the occupier to sign an 24
acknowledgment of the consent. 25
(4) The acknowledgment must state-- 26
s 147 86 s 147
Osteopaths Registration
(a) the occupier has been told-- 1
(i) the purpose of the entry; and 2
(ii) that the occupier is not required to consent; and 3
(b) the purpose of the entry; and 4
(c) the occupier gives the inspector consent to enter the place and 5
exercise powers under this part; and 6
(d) the time and date the consent was given. 7
(5) If the occupier signs the acknowledgment, the inspector must 8
immediately give a copy to the occupier. 9
(6) A court must find the occupier of a place did not consent to an 10
inspector entering the place under this part if-- 11
(a) an issue arises in a proceeding before the court whether the 12
occupier of the place consented to the entry under 13
section 145(1)(a); and 14
(b) an acknowledgment mentioned in subsection (4) is not produced 15
in evidence for the entry; and 16
(c) it is not proved by the person relying on the lawfulness of the 17
entry that the occupier consented to the entry. 18
for warrant 19
Application
147.(1) An inspector may apply to a magistrate for a warrant for a place. 20
(2) The application must be sworn and state the grounds on which the 21
warrant is sought. 22
(3) The magistrate may refuse to consider the application until the 23
inspector gives the magistrate all the information the magistrate requires 24
about the application in the way the magistrate requires. 25
26
Example--
27
The magistrate may require additional information supporting the application to be
28
given by statutory declaration.
s 148 87 s 149
Osteopaths Registration
of warrant 1
Issue
148.(1) The magistrate may issue a warrant only if the magistrate is 2
satisfied there are reasonable grounds for suspecting-- 3
(a) there is a particular thing or activity (the "evidence") that may 4
provide evidence of an offence against this Act; and 5
(b) the evidence is at the place, or may be at the place within the next 6
7 days. 7
(2) The warrant must state-- 8
(a) that a stated inspector may, with necessary and reasonable help 9
and force-- 10
(i) enter the place and any other place necessary for entry; and 11
(ii) exercise the inspector's powers under this part; and 12
(b) the offence for which the warrant is sought; and 13
(c) the evidence that may be seized under the warrant; and 14
(d) the hours of the day or night when the place may be entered; and 15
(e) the date, within 14 days after the warrant's issue, the warrant 16
ends. 17
warrants 18
Special
149.(1) An inspector may apply for a warrant (a "special warrant") by 19
phone, fax, radio or another form of communication if the inspector 20
considers it necessary because of-- 21
(a) urgent circumstances; or 22
(b) other special circumstances, including, for example, the 23
inspector's remote location. 24
(2) Before applying for the special warrant, the inspector must prepare an 25
application stating the grounds on which the warrant is sought. 26
(3) The inspector may apply for the special warrant before the application 27
is sworn. 28
(4) After issuing the special warrant, the magistrate must immediately 29
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 30
s 149 88 s 149
Osteopaths Registration
practicable to fax the copy. 1
(5) If it is not reasonably practicable to fax a copy to the inspector-- 2
(a) the magistrate must tell the inspector-- 3
(i) what the terms of the special warrant are; and 4
(ii) the date and time the special warrant was issued; and 5
(b) the inspector must complete a form of warrant (a "warrant 6
form") and write on it-- 7
(i) the magistrate's name; and 8
(ii) the date and time the magistrate issued the special warrant; 9
and 10
(iii) the terms of the special warrant. 11
(6) The facsimile warrant, or the warrant form properly completed by the 12
inspector, authorises the entry and the exercise of the other powers stated in 13
the special warrant issued. 14
(7) The inspector must, at the first reasonable opportunity, send to the 15
magistrate-- 16
(a) the sworn application; and 17
(b) if the inspector completed a warrant form, the completed warrant 18
form. 19
(8) On receiving the documents, the magistrate must attach them to the 20
special warrant. 21
(9) A court must find the exercise of the power by an inspector was not 22
authorised by a special warrant if-- 23
(a) an issue arises in a proceeding before the court whether the 24
exercise of the power was authorised by a special warrant 25
mentioned in subsection (1); and 26
(b) the special warrant is not produced in evidence; and 27
(c) it is not proved by the person relying on the lawfulness of the 28
entry that the inspector obtained the special warrant. 29
s 150 89 s 151
Osteopaths Registration
before entry 1
Warrants--procedure
150.(1) This section applies if an inspector named in a warrant issued 2
under this part for a place is intending to enter the place under the warrant. 3
(2) Before entering the place, the inspector must do or make a reasonable 4
attempt to do the following things-- 5
(a) identify himself or herself to a person present at the place who is 6
an occupier of the place by producing a copy of the inspector's 7
identity card or other document evidencing the inspector's 8
appointment; 9
(b) give the person a copy of the warrant or, if the entry is authorised 10
by a facsimile warrant or warrant form mentioned in 11
section 149(6), a copy of the facsimile warrant or warrant form; 12
(c) tell the person the inspector is permitted by the warrant to enter 13
the place; 14
(d) give the person an opportunity to allow the inspector immediate 15
entry to the place without using force. 16
(3) However, the inspector need not comply with subsection (2) if the 17
inspector believes on reasonable grounds that immediate entry to the place is 18
required to ensure the effective execution of the warrant is not frustrated. 19
Subdivision 3--Powers after entry 20
powers after entering places 21
General
151.(1) This section applies to an inspector who enters a place. 22
(2) However, if an inspector enters a place to get the occupier's consent 23
to enter premises, this section applies to the inspector only if the consent is 24
given or the entry is otherwise authorised. 25
(3) For enforcing compliance with this Act, the inspector may-- 26
(a) search any part of the place; or 27
(b) inspect, measure, test, photograph or film any part of the place or 28
anything at the place; or 29
(c) take a thing, or a sample of or from a thing, for analysis or 30
s 152 90 s 153
Osteopaths Registration
testing; or 1
(d) take an extract from, or copy, a document at the place; or 2
(e) take into or onto the place any person, equipment and materials 3
the inspector reasonably requires for exercising a power under 4
this part; or 5
(f) require the occupier of the place, or a person at the place, to give 6
the inspector reasonable help to exercise the inspector's powers 7
under paragraphs (a) to (e); or 8
(g) require the occupier of the place, or a person at the place, to give 9
the inspector information to help the inspector ascertain whether 10
this Act is being complied with. 11
(4) When making a requirement mentioned in subsection (3)(f) or (g), 12
the inspector must warn the person it is an offence to fail to comply with the 13
requirement, unless the person has a reasonable excuse. 14
to help inspector 15
Failure
152.(1) A person required to give reasonable help under section 151(3)(f) 16
must comply with the requirement, unless the person has a reasonable 17
excuse. 18
Maximum penalty--50 penalty units. 19
(2) If an individual is required under section 151(3)(f) to give 20
information, or produce a document, it is a reasonable excuse for the 21
individual not to comply with the requirement that complying with the 22
requirement might tend to incriminate the individual. 23
to give information 24
Failure
153.(1) A person of whom a requirement is made under 25
section 151(3)(g) must comply with the requirement, unless the person has 26
a reasonable excuse. 27
Maximum penalty--50 penalty units. 28
(2) It is a reasonable excuse for an individual not to comply with the 29
requirement that complying with the requirement might tend to incriminate 30
the individual. 31
s 154 91 s 155
Osteopaths Registration
4--Power to seize evidence 1
Subdivision
evidence at a place that may be entered without consent or 2
Seizing
warrant 3
154. An inspector who enters a place that may be entered under this 4
division without the consent of the occupier and without a warrant, may 5
seize a thing at the place if the inspector reasonably believes the thing is 6
evidence of an offence against this Act. 7
evidence at a place that may only be entered with consent or 8
Seizing
warrant 9
155.(1) This section applies if-- 10
(a) an inspector is authorised to enter a place under this division only 11
with the consent of the occupier of the place or a warrant; and 12
(b) the inspector enters the place after obtaining the necessary consent 13
or warrant. 14
(2) If the inspector enters the place with the occupier's consent, the 15
inspector may seize a thing at the place if-- 16
(a) the inspector reasonably believes the thing is evidence of an 17
offence against this Act; and 18
(b) seizure of the thing is consistent with the purpose of entry as told 19
to the occupier when asking for the occupier's consent. 20
(3) If the inspector enters the place with a warrant, the inspector may 21
seize the evidence for which the warrant was issued. 22
(4) The inspector also may seize anything else at the place if the inspector 23
reasonably believes-- 24
(a) the thing is evidence of an offence against this Act; and 25
(b) the seizure is necessary to prevent the thing being-- 26
(i) hidden, lost or destroyed; or 27
(ii) used to continue, or repeat, the offence. 28
(5) Also, the inspector may seize a thing at the place if the inspector 29
s 156 92 s 158
Osteopaths Registration
reasonably believes it has just been used in committing an offence against 1
this Act. 2
seized things 3
Securing
156. Having seized a thing, an inspector may-- 4
(a) move the thing from the place where it was seized (the "place of 5
seizure"); or 6
(b) leave the thing at the place of seizure but take reasonable action to 7
restrict access to it. 8
9
Examples of restricting access to a thing--
10
1. Sealing a thing and marking it to show access to it is restricted.
11
2. Sealing the entrance to a room where the seized thing is situated
12
and marking the entrance to show access to the room is restricted.
with seized things 13
Tampering
157. If an inspector restricts access to a seized thing, a person must not 14
tamper, or attempt to tamper, with the thing, or something restricting access 15
to the thing, without an inspector's approval. 16
Maximum penalty--100 penalty units. 17
to support seizure 18
Powers
158.(1) To enable a thing to be seized, an inspector may require the 19
person in control of it-- 20
(a) to take it to a stated reasonable place by a stated reasonable time; 21
and 22
(b) if necessary, to remain in control of it at the stated place for a 23
reasonable time. 24
(2) The requirement-- 25
(a) must be made by notice in the approved form; or 26
(b) if for any reason it is not practicable to give the notice, may be 27
made orally and confirmed by notice in the approved form as 28
s 159 93 s 160
Osteopaths Registration
soon as practicable. 1
(3) A further requirement may be made under this section about the same 2
thing if it is necessary and reasonable to make the further requirement. 3
(4) A person of whom a requirement is made under subsection (1) or (3) 4
must comply with the requirement, unless the person has a reasonable 5
excuse. 6
Maximum penalty for subsection (4)--50 penalty units. 7
for seized things 8
Receipts
159.(1) As soon as practicable after an inspector seizes a thing, the 9
inspector must give a receipt for it to the person from whom it was seized. 10
(2) However, if for any reason it is not practicable to comply with 11
subsection (1), the inspector must leave the receipt at the place of seizure in 12
a conspicuous position and in a reasonably secure way. 13
(3) The receipt must describe generally each thing seized and its 14
condition. 15
(4) This section does not apply to a thing if it is impracticable or would 16
be unreasonable to give the receipt, given the thing's nature, condition and 17
value. 18
of seized things 19
Forfeiture
160.(1) A seized thing is forfeited to the State if the inspector who seized 20
the thing-- 21
(a) can not find its owner, after making reasonable inquiries; or 22
(b) can not return it to its owner, after making reasonable efforts; or 23
(c) reasonably believes it is necessary to retain the thing to prevent it 24
being used to commit an offence against this Act. 25
(2) In applying subsection (1)-- 26
(a) subsection (1)(a) does not require the inspector to make inquiries 27
if it would be unreasonable to make inquiries to find the owner; 28
and 29
s 161 94 s 161
Osteopaths Registration
(b) subsection (1)(b) does not require the inspector to make efforts if 1
it would be unreasonable to make efforts to return the thing to its 2
owner. 3
(3) If the inspector makes a decision under subsection (1)(c), resulting in 4
the seized thing being forfeited to the State, the inspector must immediately 5
give the owner an information notice for the decision. 6
(4) Subsection (3) does not apply if-- 7
(a) the inspector can not find the owner, after making reasonable 8
inquiries; or 9
(b) it is impracticable or would be unreasonable to give the 10
information notice. 11
(5) Regard must be had to a thing's nature, condition and value-- 12
(a) in deciding-- 13
(i) whether it is reasonable to make inquiries or efforts; and 14
(ii) if making inquiries or efforts, what inquiries or efforts, 15
including the period over which they are made, are 16
reasonable; or 17
(b) in deciding whether it would be unreasonable to give the 18
information notice. 19
on conviction 20
Forfeiture
161.(1) On the conviction of a person for an offence against this Act, the 21
court may order the forfeiture to the State of-- 22
(a) anything used to commit the offence; or 23
(b) anything else the subject of the offence. 24
(2) The court may make the order-- 25
(a) whether or not the thing has been seized; and 26
(b) if the thing has been seized, whether or not the thing has been 27
returned to its owner. 28
(3) The court may make any order to enforce the forfeiture it considers 29
appropriate. 30
s 162 95 s 164
Osteopaths Registration
(4) This section does not limit the court's powers under the Penalties and 1
Sentences Act 1992 or another law. 2
with forfeited things etc. 3
Dealing
162.(1) On the forfeiture of a thing to the State, the thing becomes the 4
State's property and may be dealt with by the executive officer as the 5
executive officer considers appropriate. 6
(2) Without limiting subsection (1), the executive officer may destroy or 7
dispose of the thing. 8
(3) Despite subsection (1), the executive officer must not deal with the 9
thing in a way that could prejudice the outcome of-- 10
(a) an appeal started under section 177(3); or 11
(b) another appeal, relevant to the thing, of which the executive officer 12
is aware. 13
of seized things 14
Return
163.(1) If a seized thing has not been forfeited, the inspector must return 15
it to its owner-- 16
(a) at the end of 6 months; or 17
(b) if a proceeding for an offence involving the thing is started within 18
6 months, at the end of the proceeding and any appeal from the 19
proceeding. 20
(2) Despite subsection (1), unless the thing has been forfeited, the 21
inspector must immediately return a thing seized as evidence to its owner if 22
the inspector stops being satisfied its continued retention as evidence is 23
necessary. 24
to seized things 25
Access
164.(1) Until a seized thing is forfeited or returned, an inspector must 26
allow its owner to inspect it and, if it is a document, to copy it. 27
(2) Subsection (1) does not apply if it is impracticable or would be 28
unreasonable to allow the inspection or copying. 29
s 165 96 s 166
Osteopaths Registration
Subdivision 5--Power to obtain information 1
to require name and address 2
Power
165.(1) This section applies if-- 3
(a) an inspector finds a person committing an offence against this 4
Act; or 5
(b) an inspector finds a person in circumstances that lead, or has 6
information that leads, the inspector to reasonably suspect the 7
person has just committed an offence against this Act. 8
(2) The inspector may require the person to state the person's name and 9
residential address. 10
(3) When making the requirement, the inspector must warn the person it 11
is an offence to fail to state the person's name or residential address, unless 12
the person has a reasonable excuse. 13
(4) The inspector may require the person to give evidence of the 14
correctness of the stated name or residential address if the inspector 15
reasonably suspects the stated name or address is false. 16
(5) A requirement under subsection (2) or (4) is called a "personal 17
details requirement". 18
to give name or address 19
Failure
166.(1) A person of whom a personal details requirement is made must 20
comply with the requirement, unless the person has a reasonable excuse. 21
Maximum penalty--50 penalty units. 22
(2) A person does not commit an offence against subsection (1) if-- 23
(a) the person was required to state the person's name and residential 24
address by an inspector who suspected the person had committed 25
an offence against this Act; and 26
(b) the person is not proved to have committed the offence. 27
s 167 97 s 169
Osteopaths Registration
to require production of documents 1
Power
167.(1) An inspector may require a person to make available for 2
inspection by an inspector, or produce to the inspector for inspection, at a 3
reasonable time and place nominated by the inspector a document issued to 4
the person under this Act. 5
(2) The inspector may keep the document to copy it. 6
(3) The inspector must return the document to the person as soon as 7
practicable after copying it. 8
(4) While the document is in the inspector's possession, the inspector 9
must allow it to be inspected or copied, at a reasonable time, by a person 10
who would be entitled to inspect or copy it were it not in the inspector's 11
possession. 12
(5) A requirement under subsection (1) is called a "document 13
production requirement". 14
to produce document 15
Failure
168.(1) A person of whom a document production requirement is made 16
must comply with the requirement, unless the person has a reasonable 17
excuse. 18
Maximum penalty--50 penalty units. 19
(2) It is not a reasonable excuse for an individual not to comply with a 20
document production requirement if complying with the requirement might 21
tend to incriminate the individual. 22
to require information 23
Power
169.(1) This section applies if an inspector reasonably believes-- 24
(a) an offence against this Act has been committed; and 25
(b) a person may be able to give information about the offence. 26
(2) The inspector may, by notice given to the person, require the person 27
to give information, including a document, about the offence to the inspector 28
at a stated reasonable time and place. 29
(3) The person must comply with a requirement under subsection (2), 30
s 170 98 s 171
Osteopaths Registration
unless the person has a reasonable excuse. 1
Maximum penalty--50 penalty units. 2
(4) For this section, it is a reasonable excuse for an individual to fail to 3
give information that giving the information might tend to incriminate the 4
individual. 5
4--General enforcement matters 6
Division
of damage 7
Notice
170.(1) This section applies if-- 8
(a) an inspector damages property when exercising or purporting to 9
exercise a power; or 10
(b) a person (the "other person") acting under the direction of an 11
inspector damages property. 12
(2) The inspector must immediately give notice of particulars of the 13
damage to the person who appears to the inspector to be the owner of the 14
property. 15
(3) If the inspector believes the damage was caused by a latent defect in 16
the property or circumstances beyond the inspector's or other person's 17
control, the inspector may state the belief in the notice. 18
(4) If, for any reason, it is impracticable to comply with subsection (2), 19
the inspector must leave the notice in a conspicuous position and in a 20
reasonably secure way where the damage happened. 21
(5) This section does not apply to damage the inspector reasonably 22
believes is trivial. 23
(6) In this section-- 24
"owner", of property, includes the person in possession or control of it. 25
26
Compensation
171.(1) A person may claim from the board the cost of repairing or 27
replacing property damaged because of the exercise or purported exercise of 28
s 172 99 s 173
Osteopaths Registration
a power under any of the following subdivisions of division 332-- 1
· subdivision 1 (Entry of places) 2
· subdivision 3 (Powers after entry) 3
· subdivision 4 (Power to seize evidence). 4
(2) Without limiting subsection (1), compensation may be claimed for 5
loss or expense incurred in complying with a requirement made of the 6
person under the subdivision. 7
(3) Compensation may be claimed and ordered to be paid in a 8
proceeding-- 9
(a) brought in a court with jurisdiction for the recovery of the amount 10
of compensation claimed; or 11
(b) for an offence against this Act brought against the person 12
claiming compensation. 13
(4) A court may order compensation to be paid only if it is satisfied it is 14
just to make the order in the circumstances of the particular case. 15
or misleading information 16
False
172. A person must not give information to an inspector the person 17
knows is false or misleading in a material particular. 18
Maximum penalty--50 penalty units. 19
or misleading documents 20
False
173.(1) A person must not give an inspector a document containing 21
information the person knows is false or misleading in a material particular. 22
Maximum penalty--50 penalty units. 23
(2) Subsection (1) does not apply to a person if the person, when giving 24
the document-- 25
(a) tells the inspector, to the best of the person's ability, how it is 26
false or misleading; and 27
32 Division 3 (Powers of inspectors)
s 174 100 s 176
Osteopaths Registration
(b) if the person has, or can reasonably obtain, the correct 1
information, gives the correct information. 2
inspectors 3
Obstructing
174.(1) A person must not obstruct an inspector in the exercise of a 4
power, unless the person has a reasonable excuse. 5
Maximum penalty--100 penalty units. 6
(2) If a person has obstructed an inspector and the inspector decides to 7
proceed with the exercise of the power, the inspector must warn the person 8
that-- 9
(a) it is an offence to obstruct the inspector, unless the person has a 10
reasonable excuse; and 11
(b) the inspector considers the person's conduct is an obstruction. 12
(3) In this section-- 13
"obstruct" includes hinder and attempt to obstruct or hinder. 14
of inspectors 15
Impersonation
175. A person must not pretend to be an inspector. 16
Maximum penalty--50 penalty units. 17
ART 6--APPEALS 18
P
may appeal 19
Who
176.(1) A person (the "appellant") who is given, or is entitled to be 20
given, an information notice for a decision (the "original decision") may 21
appeal against the decision to the District Court.33 22
33 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 177 101 s 178
Osteopaths Registration
(2) To help users of this Act, schedule 1 identifies the decisions for 1
which an information notice must be given under this Act. 2
appeals 3
Starting
177.(1) The appeal may be started at-- 4
(a) the District Court at the place where the person resides or carries 5
on business; or 6
(b) the District Court at Brisbane. 7
(2) Subsection (1) does not limit the District Court at which the appeal 8
may be started under the Uniform Civil Procedure Rules 1999. 9
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 10
must be filed with the registrar of the court within 28 days after-- 11
(a) if the appellant is given an information notice for the original 12
decision--the day the appellant is given the notice; or 13
(b) if paragraph (a) does not apply--the day the person otherwise 14
becomes aware of the original decision. 15
(4) The court may, at any time, extend the period for filing the notice of 16
appeal. 17
procedures 18
Hearing
178.(1) In deciding the appeal, the court-- 19
(a) has the same powers as the person who made the original 20
decision; and 21
(b) is not bound by the rules of evidence; and 22
(c) must comply with natural justice. 23
(2) The appeal is by way of rehearing, unaffected by the original decision, 24
on the material before the person who made the original decision and any 25
further evidence allowed by the court. 26
s 179 102 s 179
Osteopaths Registration
of court on appeal 1
Powers
179.(1) In deciding the appeal, the court may-- 2
(a) confirm the original decision; or 3
(b) amend the original decision; or 4
(c) substitute another decision for the original decision; or 5
(d) set aside the original decision and return the issue to the board 6
with the directions the court considers appropriate. 7
(2) In substituting another decision for the original decision, the court has 8
the same powers as the person who made the original decision. 9
10
Example--
11
The court may decide that an unsuccessful applicant for general registration be
12
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 13
decision for the original decision, the amended or substituted decision is, for 14
this Act (other than this part) taken to be the decision of the person who 15
made the original decision. 16
(4) If the court decides to impose conditions on a registration, the court 17
must-- 18
(a) state the reasons for the decision; and 19
(b) if the registration is a general registration, decide and state the 20
review period applying to the conditions.34 21
(5) If the court decides to impose conditions on a registration because of 22
the registrant's mental and physical health, it must also decide whether 23
details of the conditions must be recorded in the register for the period for 24
which the conditions are in force. 25
(6) The court must decide not to record details of the conditions 26
mentioned in subsection (5) in the register unless it reasonably believes it is 27
in the interests of users of the registrant's services or the public to know the 28
details. 29
34 The conditions may be reviewed under part 3 (Registration), division 7
(Reviewing conditions of general registrations).
s 180 103 s 183
Osteopaths Registration
of assessors 1
Appointment
180.(1) If the court is of the opinion that the appeal involves a question of 2
special knowledge and skill, the court may appoint 1 or more assessors who 3
in the court's opinion possess the special qualifications necessary for the 4
particular case to assist the court in its deciding the appeal. 5
(2) An assessor may advise the court on any matter, but all questions of 6
law and fact are to be decided by the court. 7
(3) The court may give the weight to the advice that it considers 8
appropriate. 9
ART 7--LEGAL PROCEEDINGS 10
P
Division 1--Evidence 11
of division 12
Application
181. This division applies to a proceeding under this Act. 13
and authority 14
Appointments
182. It is not necessary to prove-- 15
(a) an inspector's, or member's, appointment; or 16
(b) the executive officer's appointment; or 17
(c) the authority of an inspector, a member, the executive officer or a 18
member of the office's staff to do anything under this Act. 19
20
Signatures
183. A signature purporting to be the signature of the Minister, the 21
chairperson, a member, an inspector, the executive officer or a member of 22
the office's staff is evidence of the signature it purports to be. 23
s 184 104 s 184
Osteopaths Registration
provisions 1
Evidentiary
184. A certificate purporting to be signed by the executive officer and 2
stating any of the following matters is evidence of the matter-- 3
(a) a stated document is one of the following things made, given, 4
issued or kept under this Act-- 5
(i) an appointment, approval or decision; 6
(ii) a notice, direction or requirement; 7
(iii) a certificate of registration; 8
(iv) a record, or an extract from a record; 9
(v) the register, or an extract from the register; 10
(b) a stated document is another document kept under this Act; 11
(c) a stated document is a copy of a thing mentioned in paragraph (a) 12
or (b); 13
(d) on a stated day, or during a stated period, a stated person was or 14
was not a registrant; 15
(e) on a stated day, or during a stated period, a registration-- 16
(i) was or was not in force; or 17
(ii) was or was not subject to a stated condition; 18
(f) on a stated day, a registration was cancelled; 19
(g) on a stated day, or during a stated period, an appointment as an 20
inspector was, or was not, in force for a stated person; 21
(h) on a stated day, a stated person was given a stated notice or 22
direction under this Act; 23
(i) on a stated day, a stated requirement was made of a stated person. 24
s 185 105 s 186
Osteopaths Registration
2--Proceedings 1
Division
and summary offences 2
Indictable
185.(1) An offence against section 13435 is an indictable offence. 3
(2) Any other offence against this Act is a summary offence. 4
for indictable offences 5
Proceedings
186.(1) A proceeding for an indictable offence against this Act may be 6
taken, at the election of the prosecution-- 7
(a) by way of summary proceeding under the Justices Act 1886; or 8
(b) on indictment. 9
(2) A magistrate must not hear an indictable offence summarily if-- 10
(a) the defendant asks at the start of the hearing that the charge be 11
prosecuted on indictment; or 12
(b) the magistrate considers the charge should be prosecuted on 13
indictment. 14
(3) If subsection (2) applies-- 15
(a) the magistrate must proceed by way of an examination of 16
witnesses for an indictable offence; and 17
(b) a plea of the person charged at the start of the proceeding must be 18
disregarded; and 19
(c) evidence brought in the proceeding before the magistrate decided 20
to act under subsection (2) is taken to be evidence in the 21
proceeding for the committal of the person for trial or sentence; 22
and 23
(d) before committing the person for trial or sentence, the magistrate 24
35 Section 134 (Offence for taking reprisal)
s 187 106 s 189
Osteopaths Registration
must make a statement to the person as required by the Justices 1
Act 1886, section 104(2)(b).36 2
on who may summarily hear indictable offence 3
Limitation
187.(1) The proceeding must be before a magistrate if it is a 4
proceeding-- 5
(a) for the summary conviction of a person on a charge for an 6
indictable offence; or 7
(b) for an examination of witnesses for a charge for an indictable 8
offence. 9
(2) However, if the proceeding is brought before a justice who is not a 10
magistrate, jurisdiction is limited to taking or making a procedural action or 11
order within the meaning of the Justices of the Peace and Commissioners 12
for Declarations Act 1991. 13
on time for starting summary proceedings 14
Limitation
188. A proceeding for a summary offence against this Act by way of 15
summary proceeding under the Justices Act 1886 must start-- 16
(a) within 1 year after the commission of the offence; or 17
(b) within 6 months after the offence comes to the complainant's 18
knowledge, but within 2 years after the commission of the 19
offence. 20
of false or misleading information or documents 21
Allegations
189. In any proceeding for an offence against this Act defined as 22
involving false or misleading information, or a false or misleading 23
document, it is enough for a charge to state that the information or 24
document was, without specifying which, `false or misleading'. 25
36 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 190 107 s 192
Osteopaths Registration
to be paid to board 1
Penalties
190. All penalties recovered as a result of proceedings for offences 2
against this Act brought by the board must be ordered to be paid to the 3
board. 4
for acts or omissions of representatives 5
Responsibility
191.(1) This section applies in a proceeding for an offence against this 6
Act. 7
(2) If it is relevant to prove a person's state of mind about a particular act 8
or omission, it is enough to show-- 9
(a) the act was done or omitted to be done by a representative of the 10
person within the scope of the representative's actual or apparent 11
authority; and 12
(b) the representative had the state of mind. 13
(3) An act done or omitted to be done for a person by a representative of 14
the person within the scope of the representative's actual or apparent 15
authority is taken to have been done or omitted to be done also by the 16
person, unless the person proves the person could not, by the exercise of 17
reasonable diligence, have prevented the act or omission. 18
(4) In this section-- 19
"representative" means-- 20
(a) for a corporation--an executive officer, employee or agent of the 21
corporation; or 22
(b) for an individual--an employee or agent of the individual. 23
"state of mind" of a person includes-- 24
(a) the person's knowledge, intention, opinion, belief or purpose; and 25
(b) the person's reasons for the intention, opinion, belief or purpose. 26
officers must ensure corporation complies with Act 27
Executive
192.(1) The executive officers of a corporation must ensure the 28
corporation complies with this Act. 29
s 193 108 s 193
Osteopaths Registration
(2) If a corporation commits an offence against a provision of this Act, 1
each of the corporation's executive officers also commits an offence, 2
namely, the offence of failing to ensure the corporation complies with the 3
provision. 4
Maximum penalty--the penalty for the contravention of the provision by an 5
individual. 6
(3) Evidence that the corporation has been convicted of an offence against 7
a provision of this Act is evidence that each of the executive officers 8
committed the offence of failing to ensure the corporation complies with the 9
provision. 10
(4) However, it is a defence for an executive officer to prove-- 11
(a) if the officer was in a position to influence the conduct of the 12
corporation in relation to the offence, the officer exercised 13
reasonable diligence to ensure the corporation complied with the 14
provision; or 15
(b) the officer was not in a position to influence the conduct of the 16
corporation in relation to the offence. 17
PART 8--REGISTER, RECORDS AND 18
INFORMATION 19
Division 1--Register 20
to be kept 21
Register
193.(1) The board must keep a register about registrants. 22
(2) The register may be kept in the way the board considers appropriate, 23
including, for example, in an electronic form. 24
(3) The register must contain the following details for each registrant-- 25
(a) the registrant's name; 26
(b) an address of the registrant notified by the registrant to the board; 27
s 194 109 s 194
Osteopaths Registration
(c) whether the registrant is a general registrant, provisional general 1
registrant, special purpose registrant or provisional special 2
purpose registrant; 3
(d) the qualification relied on by the registrant to obtain registration; 4
(e) if the registrant is a special purpose registrant or provisional 5
special purpose registrant, details of the special activity for which 6
the registrant is registered; 7
(f) if conditions are imposed, under this Act, on the registrant's 8
registration-- 9
(i) for conditions imposed because of the registrant's mental 10
and physical health, the details of which it has been decided 11
under this Act not to record in the register--the fact that 12
conditions have been imposed; or 13
(ii) otherwise--details of the conditions; 14
(g) any other information required to be recorded in the register under 15
the Health Practitioners (Professional Standards) Act 1999; 16
(h) other details prescribed under a regulation. 17
(4) For subsection (3)(f), the fact or details must be recorded in the 18
register for the period the conditions are in force. 19
of register 20
Inspection
194.(1) The board must-- 21
(a) keep the register open for inspection, free of charge, at the office 22
by members of the public during ordinary office hours; and 23
(b) give a person a copy of the register, or a part of it, on payment of 24
the fee prescribed under a regulation. 25
(2) Subsection (1) does not apply to details of the residential address of a 26
registrant, unless the registrant gives notice to the board that he or she agrees 27
to the details being able to be inspected. 28
s 195 110 s 196
Osteopaths Registration
2--Records to be kept 1
Division
2
Records
195.(1) The board must keep records of the following details about each 3
registrant or former registrant-- 4
(a) if the registration was affected under the Health Practitioners 5
(Professional Standards) Act 1999, details of the way it was 6
affected and the reason for it being affected; 7
(b) if the registration was cancelled under this Act, the fact of, and the 8
reason for, the cancellation; 9
(c) if conditions were, under this Act, imposed on the registration, 10
details of the conditions and the reasons for their imposition; 11
(d) other details prescribed under a regulation. 12
(2) The records must be kept for at least 10 years. 13
Division 3--Information 14
of information 15
Confidentiality
196.(1) This section applies to a person (the "relevant person") who is 16
or was-- 17
(a) a member; or 18
(b) a member of a committee; or 19
(c) appointed by the board to conduct a health assessment of another 20
person; or 21
(d) an inspector; or 22
(e) the executive officer or a member of the office's staff; or 23
(f) otherwise involved in the administration of this Act. 24
(2) This section applies to information about a person obtained by the 25
relevant person in the course of performing the relevant person's functions 26
under this Act. 27
s 196 111 s 196
Osteopaths Registration
(3) The relevant person must not disclose the information to anyone else. 1
Maximum penalty--100 penalty units. 2
(4) However, the relevant person may disclose the information to 3
someone else-- 4
(a) to the extent necessary to perform the relevant person's functions 5
under or relating to this Act or the Health Practitioners 6
(Professional Standards) Act 1999; or 7
(b) if the disclosure is authorised under this or another Act; or 8
(c) if the disclosure is otherwise required or permitted by law; or 9
(d) if the person to whom the information relates agrees to the 10
disclosure; or 11
(e) if the disclosure is in a form that does not disclose the identity of a 12
person; or 13
(f) if the information is, or has been, accessible to the public, 14
including, for example, because it is or was recorded in the 15
register; or 16
(g) if the disclosure is to a foreign regulatory authority and the 17
disclosure is necessary for the authority to perform its functions; 18
or 19
(h) if the disclosure is to the Minister to allow the Minister to act 20
under paragraph (i); or 21
(i) if the Minister considers the disclosure is in the public interest and 22
authorises the relevant person to disclose the information. 23
(5) If the Minister authorises information to be disclosed under 24
subsection (4)(i) about a matter concerning a registrant, the Minister must 25
inform the board of the authorisation and its purpose. 26
(6) In this section-- 27
"information", about a person, means-- 28
(a) information about the person's health that identifies, or is likely to 29
identify, the person; or 30
(b) information about the person's criminal history obtained under a 31
request under section 45(3). 32
s 197 112 s 199
Osteopaths Registration
annual report must disclose authorisation 1
Board's
197.(1) This section applies if the board is given information, under 2
section 196(5), in a financial year about an authorisation. 3
(2) The board must include a statement about the authorisation in its 4
annual report under the Financial Administration and Audit Act 1977 for the 5
financial year. 6
(3) The statement must include general details about-- 7
(a) the nature of the information disclosed under the authorisation; 8
and 9
(b) the purpose for which the information was disclosed. 10
(4) However, the statement must not identify any person. 11
PART 9--MISCELLANEOUS 12
Division 1--Abandoned, and other, health records 13
for div 1 14
Definitions
198. In this division-- 15
"health records" means documents, recording the health history, condition 16
and treatment of users of the professional services provided by a 17
person, made in the course of the person's practice of the profession. 18
"possess", a health record, includes having the record under control in any 19
place, whether or not another person has custody of the record. 20
may take possession of abandoned health records 21
Board
199.(1) This section applies if the board suspects on reasonable grounds 22
that health records have been abandoned. 23
(2) The board may take and keep possession of the records to be dealt 24
with under this division. 25
s 200 113 s 201
Osteopaths Registration
(3) For taking possession of the records, the board may give notice to the 1
occupier of the place where the records are situated to deliver the records to 2
the board to be dealt with under this division. 3
(4) The notice must state that the requirement must be complied with 4
within a period of 14 days after the occupier receives the notice. 5
(5) The occupier must comply with the requirement within the stated 6
period, unless the occupier has a reasonable excuse. 7
Maximum penalty for subsection (5)--50 penalty units. 8
records forming part of deceased estate 9
Health
200.(1) This section applies if health records form part of a deceased 10
estate. 11
(2) The personal representative of the deceased person concerned may 12
deliver the records into the possession of the board to be dealt with under 13
this division. 14
records of persons convicted of an offence against s 121(1) or 15
Health
(6) or 122 16
201.(1) This section applies to a person who is convicted of an offence 17
against section 121(1) or (6) or 122.37 18
(2) The board may give the person notice to deliver health records in the 19
possession or control of the person into the possession of the board to be 20
dealt with under this division. 21
(3) The person must within 14 days after receiving the notice deliver the 22
records into the possession of the board. 23
Maximum penalty--50 penalty units. 24
(4) If the person does not comply with the notice, the board may take and 25
keep possession of the records. 26
37 Section 121 (Taking of restricted titles etc.) or 122 (Claims by persons as to
registration)
s 202 114 s 204
Osteopaths Registration
with certain health records seized under s 154 or 155 1
Dealing
202.(1) This section applies if, under section 154 or 155,38 an inspector 2
seizes health records that the board may take and keep possession of under 3
section 199 or 201. 4
(2) The inspector must deliver the health records into the possession of 5
the board to be dealt with under this division. 6
(3) Sections 160, 163 and 16439 do not apply to health records delivered 7
to the board under subsection (2). 8
board may deal with health records 9
How
203.(1) This section applies if the board takes possession of a health 10
record under this division. 11
(2) The board may-- 12
(a) give the record to the person to whom the record relates; or 13
(b) if directed by the person, give the record to a registrant under a 14
health practitioner registration Act chosen by the person; or 15
(c) if the board can not find the person after making reasonable 16
inquiries, keep the record; or 17
(d) if the board can not find the person, after making reasonable 18
inquiries, and decides it is no longer necessary to keep the record, 19
destroy the record. 20
(3) To remove doubt, it is declared that the board is taken to be keeping a 21
health record if another body stores the record on its behalf. 22
of health records 23
Destruction
204.(1) This section applies if the board destroys a health record under 24
section 203(2)(d). 25
38 Section 154 (Seizing evidence at a place that may be entered without consent or
warrant) or 155 (Seizing evidence at a place that may only be entered with
consent or warrant)
39 Sections 160 (Forfeiture of seized things), 163 (Return of seized things) and
164 (Access to seized things)
s 205 115 s 206
Osteopaths Registration
(2) Compensation is not recoverable against the board because of the 1
destruction of the record. 2
2--Continuing professional education of registrants 3
Division
professional education programs 4
Continuing
205.(1) The board may develop or recognise a program for the 5
continuing professional education of registrants. 6
(2) The board must give notice to all registrants, to whom the program is 7
relevant, of details of the program. 8
(3) The program may state the minimum continuing professional 9
education requirements a registrant needs to satisfy, in a stated period, to 10
keep up-to-date with developments in the practice of the profession. 11
(4) A registrant who has satisfied the requirements in the stated period 12
may advertise this fact. 13
(5) A registrant who has not satisfied the requirements in the stated 14
period must not advertise that the registrant has satisfied the requirements. 15
Maximum penalty for subsection (5)--50 penalty units. 16
3--Declared events 17
Division
for div 3 18
Definitions
206. In this division-- 19
"declaration period" see section 207(3). 20
"declared event" means an event declared to be a declared event under 21
section 207(1). 22
"interstate law" means a law of another State that provides for the same 23
matter as this Act. 24
"local practitioner" means a person registered under this Act. 25
"participant" means a person who is officially participating in, or 26
preparing for, a declared event. 27
s 207 116 s 208
Osteopaths Registration
"prepare" includes the following-- 1
(a) train; 2
(b) practise; 3
(c) rehearse; 4
(d) acclimatise. 5
"visiting practitioner" , in relation to a declared event, means a person 6
who-- 7
(a) is not a local practitioner; and 8
(b) is registered under an interstate law; and 9
(c) is appointed, employed, contracted or otherwise engaged to 10
provide professional services to a participant in relation to the 11
event. 12
of events 13
Declaration
207.(1) The Minister may, by notice, declare a sporting, cultural or other 14
event to be a declared event for this Act. 15
(2) The notice must be for an event taking place, or to take place, in the 16
State that will or is likely to attract a significant number of participants. 17
(3) The notice must state a period during which the declaration is to 18
remain in force (the "declaration period"). 19
(4) The declaration period for the declared event may include a period 20
before or after the declared event takes place. 21
(5) The notice is subordinate legislation. 22
general registration of visiting practitioners 23
Deemed
208.(1) This section applies to a visiting practitioner in relation to a 24
declared event. 25
(2) Subject to subsections (4) and (5), the practitioner is taken to be a 26
general registrant, during the declaration period for the event, in relation to 27
the provision of professional services to a participant in the event. 28
(3) The practitioner's deemed general registration under subsection (2) is 29
s 209 117 s 209
Osteopaths Registration
taken to be subject to any conditions of the practitioner's registration under 1
an interstate law. 2
(4) Part 3, divisions 4 to 7 and 940 do not apply to the practitioner while 3
the practitioner is taken, under subsection (2), to be a general registrant. 4
(5) The practitioner is not taken to be a registrant for the operation of 5
sections 37(1)(b) and 193.41 6
4--Other provisions 7
Division
officials from liability 8
Protecting
209.(1) An official is not civilly liable for an act done, or omission made, 9
honestly and without negligence under this Act. 10
(2) If subsection (1) prevents a civil liability attaching to an official, the 11
liability attaches instead to the board. 12
(3) In this section-- 13
"official" means-- 14
(a) a member; or 15
(b) a committee member who is not a board member; or 16
(c) the executive officer; or 17
(d) a person appointed by the board to conduct a health assessment of 18
another person; or 19
(e) an inspector; or 20
(f) a person acting under the direction or authority of an inspector. 21
40 Part 3 (Registration), divisions 4 (Renewal of general registrations),
5 (Restoration of general registrations), 6 (Cancellation of general registrations),
7 (Reviewing conditions of general registrations) and 9 (General provisions about
registrations)
41 Sections 37 (Matters to be included in annual report) and 193 (Register to be
kept)
s 210 118 s 213
Osteopaths Registration
or misleading information or documents 1
False
210.(1) A person must not give information to the board the person 2
knows is false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
(2) A person must not give the board a document containing information 5
the person knows is false or misleading in a material particular. 6
Maximum penalty--50 penalty units. 7
(3) Subsection (2) does not apply to a person if the person, when giving 8
the document-- 9
(a) tells the board, to the best of the person's ability, how it is false or 10
misleading; and 11
(b) if the person has, or can reasonably obtain, the correct 12
information, gives the correct information. 13
etc. not to be false or misleading 14
Certificates
211. A registrant must not, in the registrant's professional capacity, sign 15
or give to another person, a certificate, notice, report or other document the 16
registrant knows is false or misleading in a material particular. 17
Maximum penalty--50 penalty units. 18
of provisions 19
Application
212.(1) This section applies if a provision of this Act applies another 20
provision of this Act for a purpose. 21
(2) The other provision, and any definition relevant to the other provision, 22
apply with any necessary changes. 23
(3) Subsection (2) is not limited merely because a provision states how 24
the other provision is to apply. 25
of forms 26
Approval
213. The board may approve forms for use under this Act. 27
s 214 119 s 216
Osteopaths Registration
fees 1
Examination
214. A person who sits an examination set and administered by the board 2
under this Act must, before sitting the examination, pay the board the fee for 3
the examination prescribed under a regulation. 4
power 5
Regulation-making
215.(1) The Governor in Council may make regulations under this Act. 6
(2) A regulation may be made about the following-- 7
(a) fees, including the refunding of fees, for this Act; 8
(b) imposing a penalty of not more than 20 penalty units for a 9
contravention of a provision of a regulation. 10
(3) Without limiting subsection (2)(a), a regulation may prescribe 11
amounts as fees having regard to the costs of the board performing its 12
functions under, or complying with-- 13
(a) an Act in the legislative scheme; or 14
(b) another Act. 15
ART 10--TRANSITIONAL PROVISIONS 16
P
for pt 10 17
Definitions
216. In this part-- 18
"chiropractors board" means the Chiropractors Board of Queensland 19
under the Chiropractors Registration Act 2000. 20
"column 1 registration" see section 218(1). 21
"column 2 registration" see section 218(5). 22
"commencement day" means the day on which the provision in which the 23
term is used commences. 24
"former board" means The Chiropractors and Osteopaths Board of 25
Queensland under the repealed Act. 26
s 217 120 s 218
Osteopaths Registration
"item", followed by a number, in relation to a column 1 or 2 registration, 1
means the column 1 or 2 registration identified in the table in 2
section 218(1) by the item number. 3
members, and chairperson and deputy chairperson, of 4
First
Osteopaths Board of Queensland 5
217.(1) This section applies for, under the Acts Interpretation Act 1954, 6
section 17,42 appointing the following-- 7
(a) the first members of the Osteopaths Board of Queensland; 8
(b) the first chairperson or deputy chairperson of the Osteopaths 9
Board of Queensland. 10
(2) A reference in part 2, division 243 to a general registrant is taken to be 11
a reference to a deemed general registrant. 12
(3) A reference in part 2, division 2 to a registrant member is taken to be 13
a reference to a deemed general registrant who is appointed as a member of 14
the Osteopaths Board of Queensland under the Acts Interpretation Act 1954, 15
section 17. 16
(4) In this section-- 17
"deemed general registrant" means a person-- 18
(a) who is registered as a chiropractor and osteopath under section 18 19
of the repealed Act; and 20
(b) whose qualification, that was the basis for the person's 21
registration, is in the Minister's opinion relevant to membership 22
of the Osteopaths Board of Queensland. 23
registrations 24
Existing
218.(1) This section applies to a person who immediately before the 25
commencement day was registered, under the repealed Act, for a category 26
42 Acts Interpretation Act 1954, section 17 (Exercise of powers between enactment
and commencement)
43 Part 2 (Osteopaths Board of Queensland), division 2 (Membership)
s 218 121 s 218
Osteopaths Registration
of registration mentioned in column 1 of the following table (the "column 1 1
registration")-- 2
Table 3
column 1 column 2
1. registration as a chiropractor and general registration
osteopath under section 18 of the
repealed Act
2. conditional registration as a general registration
chiropractor and osteopath under
section 19 of the repealed Act
3. registration as a chiropractor and special purpose
osteopath for a limited period for a registration for the
purpose mentioned in purpose
section 20(1)(a) or (b) of the
repealed Act
4. provisional registration as a provisional general
chiropractor and osteopath under registration.
section 21 of the repealed Act
(2) Subsection (5) applies if-- 4
(a) the person's column 1 registration is an item 1 column 1 5
registration; and 6
(b) immediately before the commencement day, the person held a 7
qualification prescribed under a regulation. 8
(3) Subsection (5) also applies if-- 9
(a) the person's column 1 registration is an item 1 column 1 10
registration; and 11
(b) immediately before the commencement day, the person did not 12
hold a qualification mentioned in a regulation made under 13
subsection (2)(b); and 14
(c) the basis for the person's registration was registration under the 15
Chiropractors and Osteopaths Act 1979, section 18(1)(c) as in 16
force immediately before the commencement of the Chiropractic 17
Manipulative Therapists Act Amendment Act 1988, section 9. 18
s 219 122 s 219
Osteopaths Registration
(4) Subsection (5) also applies if-- 1
(a) the person's column 1 registration is an item 2, 3 or 4 column 1 2
registration; and 3
(b) the qualification that was the basis for the registration is a 4
qualification mentioned in a regulation made under 5
subsection (2)(b). 6
(5) Subject to subsections (2) to (4), the person is taken to be registered 7
for the category of registration mentioned in column 2 of the table (the 8
"column 2 registration") shown opposite the column 1 registration. 9
(6) If the basis for the person's column 1 registration was registration 10
under a corresponding osteopathy law, the person is taken to be registered 11
for the column 2 registration shown opposite the column 1 registration. 12
(7) If the column 1 registration was, immediately before the 13
commencement day, subject to conditions, the column 2 registration is 14
taken to be subject to the conditions. 15
(8) Despite section 56,44 the column 2 registration continues until the day 16
that is 3 months after the commencement day. 17
(9) However, subsection (5) or (6) stops applying if the column 2 18
registration is surrendered or cancelled. 19
(10) In this section-- 20
"corresponding osteopathy law" means a law applying, or that applied, in 21
another State or New Zealand that provides, or provided, for the same 22
matter as this Act or a provision of this Act. 23
of certain column 2 registrations 24
Renewal
219.(1) This section applies if-- 25
(a) a person is taken to be a general registrant under section 218(3) 26
and (5); and 27
(b) the person applies for renewal of the registration after the 28
commencement day; and 29
44 Section 56 (Period)
s 220 123 s 221
Osteopaths Registration
(c) the application is the person's first application for renewal of the 1
registration after the commencement day. 2
(2) Despite section 73(2) or (3), the board may decide to renew the 3
registration under section 73 only if the person has practised the profession 4
within 5 years before the commencement day for a period that is, or periods 5
the total of which is, not less than the equivalent of 144 weeks full-time 6
work. 7
of certain column 2 registrations 8
Restoration
220.(1) This section applies if-- 9
(a) a person is taken to be a general registrant under section 218(3) 10
and (5); and 11
(b) the registration expires under section 218(8); and 12
(c) the person has not applied for the renewal of the registration after 13
the commencement day; and 14
(d) the person applies to the board for the restoration of the 15
registration. 16
(2) Despite section 73(2) or (3), as applied by section 76,45 the board 17
may decide to restore the registration, under section 73, as applied by 18
section 76,46 only if the person has practised the profession within 5 years 19
before the commencement day for a period that is, or periods the total of 20
which is, not less than 144 weeks full-time work. 21
of conditions imposed under repealed Act 22
Review
221.(1) This section applies to conditions mentioned in section 218(7) 23
that were imposed, under the repealed Act, on an item 1 or 2 column 1 24
registration. 25
(2) Part 3, division 747 applies to the conditions as if-- 26
45 Section 76 (Application of div 4, sdivs 1 and 3)
46 Section 76 (Application of div 4, sdivs 1 and 3)
47 Part 3 (Registration), division 7 (Reviewing conditions of general registrations)
s 222 124 s 223
Osteopaths Registration
(a) the conditions had been imposed on the registration under this 1
Act; and 2
(b) the review period applying to the conditions were the period of 3
3 years starting on the commencement day. 4
of conditions imposed under repealed Act 5
Removal
222.(1) This section applies to conditions mentioned in section 218(7) 6
that were imposed, under the repealed Act, on an item 3 column 1 7
registration. 8
(2) Section 11448 applies to the conditions as if the conditions had been 9
imposed on the registration under this Act. 10
applications for certain column 1 registrations 11
Existing
223.(1) This section applies if an application for an item 1 or 3 column 1 12
registration was made under the repealed Act, but has not been decided 13
before the commencement day. 14
(2) The board and chiropractors board must, as soon as practicable after 15
the commencement day, give the applicant notice (the "election notice") 16
inviting the applicant to give notice, within a stated period (the "election 17
period")-- 18
(a) to the board, stating that the applicant wants the application to be 19
decided under this Act; or 20
(b) to the chiropractors board, stating that the applicant wants the 21
application to be decided under the Chiropractors Registration 22
Act 2000. 23
(3) The election period must be a period ending not less than 21 days 24
after the election notice is given to the applicant. 25
(4) To remove doubt, it is declared that the applicant may give notices 26
under both subsection (5) and the Chiropractors Registration Act 2000, 27
48 Section 114 (Removal)
s 224 125 s 224
Osteopaths Registration
section 233(5).49 1
(5) If the applicant gives the board notice, in the election period, stating 2
that the applicant wants the application to be decided under this Act, the 3
application-- 4
(a) is taken to be for the column 2 registration shown opposite the 5
column 1 registration; and 6
(b) must be decided under this Act. 7
(6) Part 3, division 2 or 850 applies to the application. 8
(7) However, the provisions of part 3, division 2 dealing with making the 9
application in the approved form and paying the application fee and 10
registration fee, that would otherwise apply, whether because of 11
section 10151 or otherwise, do not apply to the application. 12
(8) If the applicant does not give the board or chiropractors board notice, 13
under subsection (5) or the Chiropractors Registration Act 2000, 14
section 233(5), the application is taken to have been withdrawn. 15
(9) An election notice given under subsection (2) also has effect as an 16
election notice given under the Chiropractors Registration Act 2000, 17
section 233(2). 18
applications for restoration of certain column 1 registrations 19
Existing
224.(1) This section applies if an application for the restoration of an 20
item 1, 2 or 3 column 1 registration was made under section 23(3) of the 21
repealed Act, but has not been decided before the commencement day. 22
(2) The board and chiropractors board must, as soon as practicable after 23
the commencement day, give the applicant notice (the "election notice") 24
inviting the applicant to give notice, within a stated period (the "election 25
period")-- 26
(a) to the board, stating that the applicant wants the application to be 27
49 Chiropractors Registration Act 2000, section 233 (Existing applications for
certain column 1 registrations)
50 Part 3 (Registration), division 2 (Applications for general registration) or 8
(Special purpose registrations)
51 Section 101 (Application of divs 2 and 3)
s 224 126 s 224
Osteopaths Registration
decided under this Act; or 1
(b) the chiropractors board, stating that the applicant wants the 2
application to be decided under the Chiropractors Registration 3
Act 2000. 4
(3) The election period must be a period ending not less than 21 days 5
after the election notice is given to the applicant. 6
(4) To remove doubt, it is declared that the applicant may give notices 7
under both subsection (5) and the Chiropractors Registration Act 2000, 8
section 234(5).52 9
(5) If the applicant gives the board notice, in the election period, stating 10
that the applicant wants the application to be decided under this Act, the 11
application-- 12
(a) is taken to be for the column 2 registration shown opposite the 13
column 1 registration; and 14
(b) must be decided under this Act. 15
(6) Part 3, division 553 applies to the application. 16
(7) However, the following provisions do not apply to the application-- 17
(a) the provisions, applied by section 76,54 to the extent to which they 18
relate to recency of practice requirements; 19
(b) sections 77, 78 and 81.55 20
(8) If the applicant does not give the board or chiropractors board notice, 21
under subsection (5) or the Chiropractors Registration Act 2000, 22
section 234(5), the application is taken to have been withdrawn. 23
(9) An election notice given under subsection (2) also has effect as an 24
52 Chiropractors Registration Act 2000, section 234 (Existing applications for
restoration of certain column 1 registrations)
53 Part 3 (Registration), division 5 (Restoration of general registrations)
54 Section 76 (Application of div 4, sdivs 1 and 3)
55 Sections 77 (When an application for restoration of a general registration may be
made), 78 (Procedural requirements for applications) and 81 (When recency of
practice conditions take effect)
s 225 127 s 225
Osteopaths Registration
election notice given under the Chiropractors Registration Act 2000, 1
section 234(2). 2
of show cause process under section 20(3) of the 3
Continuation
repealed Act 4
225.(1) This section applies if-- 5
(a) a show cause process in relation to a limited registration person 6
has been started by the former board, but not finished, before the 7
commencement day; and 8
(b) the person is taken, under section 218,56 to be registered as a 9
special purpose registrant. 10
(2) The process may be continued or discontinued by the board as if this 11
Act had not commenced. 12
(3) If the process is continued and at the end of the process the board 13
decides that, if it were acting under the repealed Act, it would have directed 14
the registrar to remove the person's name from the register, the board must 15
cancel the person's special purpose registration. 16
(4) The board must as soon as practicable give the person notice of the 17
cancellation. 18
(5) The notice of cancellation must include the reason for the cancellation. 19
(6) The cancellation takes effect on the day the notice is given to the 20
person. 21
(7) The person must return the certificate of registration to the board 22
within 14 days after receiving the notice, unless the person has a reasonable 23
excuse. 24
Maximum penalty--10 penalty units. 25
(8) In this section-- 26
"limited registration person" means a person who immediately before the 27
commencement day was registered, under the repealed Act, for an 28
item 3 column 1 registration. 29
56 Section 218 (Existing registrations)
s 226 128 s 228
Osteopaths Registration
"show cause process", in relation to a limited registration person, means 1
the process started by the issue by the former board to the person of a 2
notice under section 20(3) of the repealed Act. 3
registrations 4
Suspended
226.(1) This section applies if-- 5
(a) an item 1, 2 or 3 column 1 registration has been suspended and 6
the period of suspension has not ended before the commencement 7
day; and 8
(b) the registration is taken, under section 218, to be the column 2 9
registration shown opposite the column 1 registration. 10
(2) The suspension is taken to continue as a suspension of the column 2 11
registration. 12
126 and 129 ineffective for 6 months 13
Sections
227.(1) Sections 126 and 12957 have no effect for 6 months after they 14
commence. 15
(2) However, a person may give the board a notice mentioned in 16
section 126 within the 6 month period. 17
Act has not been repealed 18
Certain
228.(1) This section applies if an Act mentioned in column 2 of the 19
following table (the "column 2 Act") has not been repealed-- 20
57 Sections 126 (Notification of business names etc.) and 129 (Information to
appear in advertisements)
s 228 129 s 228
Osteopaths Registration
Table 1
column 1 column 2
Dental Practitioners Registration Dental Act 1971 2
Act 2000
Dental Technicians and Dental Dental Technicians and Dental 3
Prosthetists Registration Act 2000 Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939 4
Act 2000
Occupational Therapists Occupational Therapists Act 1979 5
Registration Act 2000
Optometrists Registration Act 2000 Optometrists Act 1974
Pharmacists Registration Act 2000 Pharmacy Act 1976
Physiotherapists Registration Act Physiotherapists Act 1964 6
2000
Podiatrists Registration Act 2000 Podiatrists Act 1969
Psychologists Registration Act Psychologists Act 1977 7
2000
Speech Pathologists Registration Speech Pathologists Act 1979. 8
Act 2000
(2) A reference in schedule 2, definition "health practitioner registration 9
Act" to the Act mentioned in column 1 of the table shown opposite the 10
column 2 Act is taken to be a reference to the column 2 Act. 11
12
130
Osteopaths Registration
SCHEDULE 1 1
¡
ECISIONS FOR WHICH INFORMATION NOTICES 2
D
MUST BE GIVEN 3
section 176(2) 4
Section Description of decision
51 Deciding to refuse to register an
applicant for general registration as
a general registrant
51, as applied by section 101 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
57 Deciding to register a person as a
general registrant on conditions and
deciding the review period applying
to the conditions
73 Deciding to refuse to renew a
general registration
73, as applied by section 76 Deciding to refuse to restore a
general registration
73, as applied by section 108 Deciding to refuse to renew a
special purpose registration
74 Deciding to renew a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
74, as applied by section 76 Deciding to restore a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
131
Osteopaths Registration
SCHEDULE 1 (continued)
86 Deciding to cancel a general
registration
86, as applied by section 112 Deciding to cancel a special purpose
registration
94 Deciding to confirm or change
conditions of a general registration
and deciding the review period
applying to the conditions
106 Deciding to register a person as a
special purpose registrant on
conditions
110 Deciding to renew a special purpose
registration on conditions
117 Deciding to refuse to grant an
application for the replacement of a
certificate of registration
160(1)(c) Decision resulting in a thing being
forfeited to the State
1
132
Osteopaths Registration
SCHEDULE 2 1
¡
DICTIONARY 2
section 8 3
"accepted representations" see section 84(2). 4
"advertise" includes-- 5
(a) placing an entry in a directory; and 6
(b) displaying a sign; and 7
(c) using printed stationery. 8
"appellant" see section 176(1). 9
"application fee" see section 42(1)(c)(ii). 10
"approved form" means a form approved by the board. 11
"assessment report" see section 48(1). 12
"authorised person", for part 3, division 3, see section 59(1). 13
"board" means the Osteopaths Board of Queensland. 14
"business name", of a business, means a name or style under which the 15
business is carried on. 16
"certificate of general registration" means a certificate of general 17
registration issued under part 3. 18
"certificate of provisional general registration" means a certificate of 19
provisional general registration issued under section 60(5). 20
"certificate of provisional special purpose registration" means a 21
certificate of provisional special purpose registration issued under 22
part 3, division 8. 23
"certificate of registration" means a certificate of general registration, 24
certificate of provisional general registration, certificate of special 25
purpose registration or certificate of provisional special purpose 26
registration. 27
133
Osteopaths Registration
SCHEDULE 2 (continued)
"certificate of special purpose registration" means a certificate of special 1
purpose registration issued under part 3, division 8. 2
"certified copy", of a certificate of registration, means a copy that is 3
certified by the board as being a true copy of the certificate. 4
"chairperson" means the chairperson of the board appointed under 5
section 19(1). 6
"chiropractors board", for part 10, see section 216. 7
"column 1 registration", for part 10, see section 216. 8
"column 2 registration", for part 10, see section 216. 9
"commencement day", for part 10, see section 216. 10
"committee" means a committee of the board established under 11
section 33(1). 12
"convicted", of an offence, means being found guilty of the offence, on a 13
plea of guilty or otherwise, whether or not a conviction is recorded. 14
"corresponding law" means a law applying, or that applied, in another 15
State, the Commonwealth or a foreign country that provides, or 16
provided, for the same matter as-- 17
(a) a health practitioner registration Act or the Health Practitioners 18
(Professional Standards) Act 1999; or 19
(b) a provision of a health practitioner registration Act or the Health 20
Practitioners (Professional Standards) Act 1999. 21
"declaration period", for part 9, division 3, see section 206. 22
"declared event", for part 9, division 3, see section 206. 23
"deputy chairperson" means the deputy chairperson of the board 24
appointed under section 19(1). 25
"document production requirement" see section 167(5). 26
"educational institution" means a university, training institution or 27
professional college engaged in the education of persons in the practice 28
of the profession. 29
134
Osteopaths Registration
SCHEDULE 2 (continued)
"executive officer" means the executive officer appointed under the Health 1
Practitioner Registration Boards (Administration) Act 1999. 2
"executive officer", of a corporation, means a person who is concerned 3
with, or takes part in, the corporation's management, whether or not 4
the person is a director or the person's position is given the name of 5
executive officer. 6
"facsimile warrant" see section 149(4). 7
"foreign regulatory authority" means-- 8
(a) an interstate regulatory authority; or 9
(b) an entity established under a law applying in a foreign country, 10
other than New Zealand, having functions similar to the board's 11
functions under this Act or the Health Practitioners (Professional 12
Standards) Act 1999. 13
"former board", for part 10, see section 216. 14
"former registrant" means a person who was, but is not currently, 15
registered under part 3. 16
"general registrant" means a person registered, under part 3, as a general 17
registrant, but does not include a provisional general registrant. 18
"general registration" means registration of a person as a general 19
registrant under part 3. 20
"general registration period"see section 56(1). 21
"health assessment", in relation to a person, includes-- 22
(a) a physical, medical, psychiatric or psychological examination or 23
test of the person; and 24
(b) asking questions to assess the person's mental and physical 25
health. 26
"Health Insurance Commission" means the Health Insurance 27
Commission established under the Health Insurance Commission Act 28
1973 (Cwlth), section 4. 29
135
Osteopaths Registration
SCHEDULE 2 (continued)
"health practitioner registration Act" means any of the following Acts-- 1
· this Act 2
· Chiropractors Registration Act 2000 3
· Dental Practitioners Registration Act 2000 4
· Dental Technicians and Dental Prosthetists Registration Act 5
2000 6
· Medical Practitioners Registration Act 2000 7
· Medical Radiation Technologists Registration Act 2000 8
· Occupational Therapists Registration Act 2000 9
· Optometrists Registration Act 2000 10
· Pharmacists Registration Act 2000 11
· Physiotherapists Registration Act 2000 12
· Podiatrists Registration Act 2000 13
· Psychologists Registration Act 2000 14
· Speech Pathologists Registration Act 2000. 15
"health records", for part 9, division 1, see section 198. 16
"health service" means a service for maintaining, improving or restoring 17
people's health and wellbeing. 18
"impose", a condition, includes change or confirm the condition. 19
"information notice", for a decision of the board or an inspector, is a 20
notice stating the following-- 21
(a) the decision; 22
(b) the reasons for the decision; 23
(c) that the person to whom the notice is given may appeal against the 24
decision within 28 days; 25
(d) how the person may appeal against the decision to the District 26
Court; 27
(e) if the decision is that a person be registered on conditions-- 28
136
Osteopaths Registration
SCHEDULE 2 (continued)
(i) for a general registration--the review period applying to the 1
conditions; and 2
(ii) for conditions imposed because of the person's mental and 3
physical health, the details of which it has been decided 4
under section 57(4) to record in the register--the details that 5
must be recorded in the register for the period for which the 6
conditions are in force; 7
(f) if the decision is that a general registration be renewed or restored 8
on recency of practice conditions, the review period applying to 9
the conditions; 10
(g) if the decision is that a registration be cancelled, a direction to the 11
person to return the certificate of registration to the board within 12
14 days after receiving the notice; 13
(h) if the decision is that the conditions imposed on a general 14
registration be confirmed, the review period applying to the 15
confirmed conditions; 16
(i) if the decision is that the conditions imposed on a general 17
registration be changed-- 18
(i) the review period applying to the changed conditions; and 19
(ii) if the conditions were imposed because of the person's 20
mental and physical health and it is decided under 21
section 98(2) that details of the changed conditions must be 22
recorded in the register, the details that must be recorded in 23
the register for the period for which the changed conditions 24
are in force; and 25
(iii) a direction to the person to return the certificate of 26
registration to the board within 14 days after receiving the 27
notice. 28
"inspector" means a person who is appointed as an inspector under 29
section 140. 30
"interstate law", for part 9, division 3, see section 206. 31
137
Osteopaths Registration
SCHEDULE 2 (continued)
"interstate regulatory authority" means an entity established under the 1
law of another State or New Zealand having functions similar to the 2
board's functions under this Act or the Health Practitioners 3
(Professional Standards) Act 1999. 4
"item", for part 10, see section 216. 5
"legislative scheme" see section 4. 6
"local practitioner", for part 9, division 3, see section 206. 7
"medical condition" includes substance abuse or dependence. 8
"member" means a member of the board. 9
"notice" means written notice. 10
"occupier", of a place, includes a person who reasonably appears to be an 11
occupier, or in charge, of the place. 12
"office" means the Office of Health Practitioner Registration Boards under 13
the Health Practitioner Registration Boards (Administration) Act 14
1999. 15
"original decision" see section 176(1). 16
"participant", for part 9, division 3, see section 206. 17
"personal details requirement" see section 165(5). 18
"place" includes premises, vacant land and a vehicle. 19
"place of seizure" see section 156. 20
"possess", a health record, for part 9, division 1, see section 198. 21
"premises" includes-- 22
(a) a building or other structure; and 23
(b) a part of a building or other structure; and 24
(c) land where a building or other structure is situated. 25
"prepare", for part 9, division 3, see section 206. 26
"profession" means the osteopathic profession. 27
"professional service" means an osteopathic service. 28
138
Osteopaths Registration
SCHEDULE 2 (continued)
"provisional general registrant" means a person registered, under 1
section 60, as a provisional general registrant. 2
"provisional general registration" means registration of a person as a 3
provisional general registrant under section 60. 4
"provisional special purpose registrant" means a person registered, 5
under part 3, division 8, as a provisional special purpose registrant. 6
"provisional special purpose registration" means registration of a person 7
as a provisional special purpose registrant under part 3, division 8. 8
"public members" see section 15(2)(b). 9
"public place" means a place that the public is entitled to use, is open to the 10
public or is used by the public (whether or not on payment of money). 11
"recency of practice conditions" see section 74(2). 12
"recency of practice requirements" see section 68. 13
"register" means the register kept under section 193. 14
"registrant" means a person registered under part 3. 15
"registrant members" see section 15(2)(a). 16
"registration" means registration under part 3. 17
"registration fee" see section 42(1)(c)(iii). 18
"renewable registration" means a general registration or special purpose 19
registration. 20
"repealed Act" means the Chiropractors and Osteopaths Act 1979. 21
"restoration fee" see section 78(1)(b)(i). 22
"restricted title" means a title that consists of, or includes, the word 23
`osteopath'. 24
"review period", applying to conditions imposed by the board or the 25
District Court on a general registration, means the period, not more 26
than 3 years after the decision to impose the conditions takes effect, 27
within which the registrant may not apply for a review of the 28
conditions under part 3, division 7. 29
139
Osteopaths Registration
SCHEDULE 2 (continued)
"service agreement" means an agreement made under the Health 1
Practitioner Registration Boards (Administration) Act 1999, between 2
the executive officer and the board, for the provision of administrative 3
and operational support by the office to the board. 4
"show cause notice" see section 83(1). 5
"show cause period" see section 83(2)(d). 6
"special activities" see section 100. 7
"special purpose registrant" means a person registered, under part 3, 8
division 8, as a special purpose registrant, but does not include a 9
provisional special purpose registrant. 10
"special purpose registration" means registration of a person as a special 11
purpose registrant under part 3, division 8. 12
"user", of a registrant's services, includes a person who used the services. 13
"visiting practitioner", for part 9, division 3, see section 206. 14
"warrant form" see section 149(5)(b). 15
16
© State of Queensland 2000
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