This legislation has been repealed.
Act No. 56/1996 Version incorporating amendments as at 11 October 2006 TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purposes 2. Commencement 3. Definitions 4. Application of Act PART 2-REGISTRATION Division 1-Procedure for Obtaining Registration 5. Application for registration 6. Qualifications for general registration 7. General registration 8. Specific registration 8A. Notation 9. Entitlement of applicant to make submissions 10. Notification of outcome of application 11. Endorsement of registration 12. Duration and renewal of registration 13. Application for renewal of and refusal to renew registration 14. Restoration of name to the register 15. Effect of suspension of registration 16. Registration obtained by fraud Division 2-The Register 17. The Register 18. Certificates 19. Use of certificate as evidence 20. Requirement to notify the Board of change of address 21. Notification of death by Registrar of Births, Deaths, Marriages and Names PART 3-INVESTIGATIONS INTO REGISTERED OPTOMETRISTS Division 1-Preliminary investigations into professional conduct 22. Complaints about the professional conduct of optometrists 23. When complaints about professional conduct are to be investigated by Health Services Commissioner 23A. Board may deal with health records complaint 24. When complaints about professional conduct are to be investigated by the Board 25. Outcome of preliminary investigation 26. Board may institute a hearing into professional conduct 27. Suspension of registration upon commencement of investigation Division 2-Preliminary investigation into the health of registered optometrists 28. Commencement of preliminary investigation 29. Notification to optometrist 30. Medical examination 31. Report of examination 32. Outcome of preliminary investigation 33. Referral to formal hearing 34. Request for conditions, limitations or restrictions 35. Repealed 36. Immediate suspension of registration Division 3-Formal and Informal Hearings 37. Establishment and notification of an informal hearing 38. Constitution of a panel for an informal hearing 39. Notice of an informal hearing 40. Conduct of an informal hearing 41. Findings and determinations of an informal hearing 42. Change of informal hearing to formal hearing during course of hearing 43. Request for formal hearing upon completion of informal hearing 44. Establishment and notification of formal hearing 45. Constitution of a hearing panel for a formal hearing 46. Notice of a formal hearing 47. Conduct of a formal hearing 48. Findings and determinations of a formal hearing into conduct 49. Findings and determinations of a formal hearing into ability to practise Division 4-General Provisions relating to Investigations 50. Procedure at formal and informal hearings 51. Powers of panel conducting a formal hearing 52. Determinations 52A. Agreements to amend, vary or revoke conditions or revoke suspensions 53. Removal of suspension, condition, limitation or restriction 54. Reasons for determinations of panel or Board 55. Notifications 56. Offence to disclose information identifying complainant 57. Terms and conditions of appointment of panel members PART 4-REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 58. Review by VCAT 59. Notification PART 5-OFFENCES 60. Unregistered persons 61. Claims by persons as to registration 62. Fraud, forgery etc. 63. Advertising 64. Exemptions PART 6-ADMINISTRATION 65. Establishment of Board 66. Powers, functions and consultation requirements 67. Membership of the Board 68. Terms of office 69. Resignation and removal 70. President and Deputy President 71. Acting member 72. Payment of members 73. Procedure of Board 74. Member's interests 75. Resolutions without meetings 76. Approved methods of communication for Board 77. Effect of vacancy or defect 78. Immunity 79. Staff 80. Delegation PART 7-REPORTING AND FINANCIAL PROVISIONS 81. Optometrists Registration Board Fund 82. Investment powers 83. Repayment of advances PART 8-ENFORCEMENT AND SUPPLEMENTARY POWERS 84. Proceedings for offences 85. Identification 86. Powers of entry with warrant 87. Announcement before entry 88. Copy of warrant to be given to occupier 89. Copies or receipts to be given 90. Powers of Board in relation to fees PART 9-REGULATIONS 91. Supreme Court-Limitation of jurisdiction 92. Regulations PART 10-SAVINGS, TRANSITIONAL AND AMENDMENTS Division 1-Repealed 93. Definitions 94. Repeal 95. Board succeeds old Board 96. Proceedings before the old Board 97. Application of this Act to conduct occurring before commencement of this Act 98. Existing registrations 99. Preparation of annual report Division 2-Repealed 100. Transitional-panels 101. Repealed --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details