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This is a Bill, not an Act. For current law, see the Acts databases.


OCCUPATIONAL THERAPISTS BILL 2005

                       Western Australia


      Occupational Therapists Bill 2005

                         CONTENTS


      Part 1 -- Preliminary
1.    Short title                                         2
2.    Commencement                                        2
3.    Terms used in this Act                              2
4.    Application                                         4
      Part 2 -- Occupational Therapists
           Registration Board and committees
      Division 1 -- The Board
5.    Board established                                   5
6.    Membership of Board                                 5
7.    Presiding member and deputy presiding member        5
8.    Constitution and proceedings                        5
9.    Remuneration and allowances                         6
      Division 2 -- Functions and powers
10.   Functions                                           6
11.   Powers                                              6
12.   Delegation by Board                                 7
      Division 3 -- Relationship of Board with Minister
13.   Directions by Minister                              7
14.   Minister to have access to information              8
      Division 4 -- Committees
15.   Committees                                          9
16.   Provisions relating to committees                   9
      Division 5 -- Registrar and other staff
17.   Registrar                                          10
18.   Other staff                                        10



                           059--2                         page i
Occupational Therapists Bill 2005



Contents



           Division 6 -- General
   19.     Duty not to make improper use of information              11
   20.     Meetings and minutes of meetings                          11
   21.     Execution of documents by Board                           12
           Part 3 -- Finance and reports
   22.     Funds of the Board                                        14
   23.     Accounts                                                  14
   24.     Audit                                                     15
   25.     Annual report and other reports                           15
           Part 4 -- Registration of occupational
                therapists
           Division 1 -- Registration
   26.     Natural persons may be registered                         17
   27.     Registration                                              17
   28.     Provisional registration                                  18
   29.     Conditional registration at the discretion of the Board   19
   30.     Registration as Specialists                               20
   31.     Professional indemnity insurance                          21
   32.     Application                                               22
   33.     Effect of registration                                    22
   34.     Duration of registration                                  22
   35.     Renewal of registration                                   23
   36.     Application for registration by a person whose
           registration has been cancelled under section 79(1)(i)    23
           Division 2 -- The register
   37.     The register                                              24
   38.     Inspection of register                                    25
   39.     Certificate of registration                               25
   40.     Voluntary removal from register and cancellation of
           registration                                              25
   41.     Removal of name and cancellation of registration of
           person in certain circumstances                           26
   42.     Effect of removal of name from register                   26
           Division 3 -- Notifications to Board
   43.     Change of address                                         27
   44.     Loss of qualifications                                    27
   45.     Insolvency                                                27


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                                    Occupational Therapists Bill 2005



                                                             Contents



46.   Civil or criminal proceedings                            28
47.   Information about professional indemnity insurance       28
      Part 5 -- Disciplinary and impairment
           matters
      Division 1 -- Preliminary
48.   Disciplinary matters                                     30
49.   Impairment matters                                       30
      Division 2 -- Committees
50.   Complaints assessment committee                          31
51.   Impairment review committee                              31
      Division 3 -- Complaints
52.   Complaints                                               32
53.   Complaints assessment committee to determine action
      required                                                 33
54.   Complaints assessment committee may reject certain
      complaints                                               34
      Division 4 -- Summary orders of Board
55.   Interim orders by Board                                  34
56.   Complaint dealt with summarily to be referred to the
      State Administrative Tribunal                            36
57.   Complaint not dealt with summarily to be referred to
      relevant committee                                       36
      Division 5 -- Disciplinary matters
58.   Investigation and recommendation                         37
59.   Role of Board                                            38
60.   Alternative to making allegation to the State
      Administrative Tribunal                                  38
      Division 6 -- Impairment matters
61.   Request by occupational therapist for imposition of
      condition                                                39
62.   Revocation of condition                                  40
63.   Investigation                                            40
64.   Occupational therapist to be notified about
      investigation                                            40
65.   Examination                                              41
66.   Report of examination                                    41
67.   Role of the impairment review committee                  42


                                                              page iii
Occupational Therapists Bill 2005



Contents



   68.     Recommendation                                           43
   69.     Role of Board                                            43
           Division 7 -- Investigator's role and powers
   70.     Interpretation                                           44
   71.     Investigator                                             44
   72.     Report of investigator                                   44
   73.     Powers of investigator                                   45
   74.     Warrant to enter premises                                47
   75.     Issue of warrant                                         48
   76.     Execution of warrant                                     48
           Division 8 -- Conciliation
   77.     Conciliation process                                     49
   78.     Action if conciliation fails                             50
           Division 9 -- Role of the State Administrative
                  Tribunal
   79.     Powers of the State Administrative Tribunal on
           dealing with a disciplinary matter                       50
   80.     Powers of the State Administrative Tribunal on
           dealing with an impairment matter                        52
           Division 10 -- Miscellaneous
   81.     Suspension                                               53
   82.     Costs and recovery                                       53
           Part 6 -- Offences
   83.     Persons who may practise occupational therapy            54
   84.     Persons who may be employed or engaged to practise
           occupational therapy                                     54
   85.     Exceptions to sections 83 and 84                         55
   86.     Use of title "occupational therapist" or pretending to
           be registered                                            55
   87.     Failure to comply with disciplinary action               56
   88.     False or misleading information                          56
   89.     Offences in relation to investigation                    57
   90.     Obstruction of investigator                              58
   91.     Assistance to execute warrant                            58
   92.     Surrender of certificate                                 58
   93.     Incriminating information, questions, or documents       59
   94.     Legal professional privilege                             59



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                                      Occupational Therapists Bill 2005



                                                              Contents



       Part 7 -- Codes of practice, rules and
            regulations
95.    Codes of practice                                         61
96.    Rules                                                     61
97.    Regulations                                               62
98.    Forms                                                     63
       Part 8 -- Miscellaneous
99.    Protection                                                64
100.   Notice of decision to be given                            64
101.   Review                                                    65
102.   Publication of proceedings etc.                           65
103.   Legal proceedings                                         66
104.   Liability of certain officers of body corporate:
       offences                                                  67
105.   Review of Act                                             68
106.   Occupational Therapists Registration Act 1980
       repealed                                                  68
107.   Occupational Therapists Rules 1981 repealed               69
108.   Transitional and savings provisions                       69
109.   Consequential amendments                                  69
       Schedule 1 -- Constitution and
           proceedings of the Board
       Division 1 -- General provisions                           70
1.     Term of office                                            70
2.     Functions of deputy presiding member                      70
3.     Deputy members                                            70
4.     Vacation of office by member                              71
5.     General procedure concerning meetings                     71
6.     Voting                                                    72
7.     Holding meetings remotely                                 72
8.     Resolution without meeting                                72
9.     Minutes                                                   72
       Division 2 -- Disclosure of interests etc.                 73
10.    Meaning of "member"                                       73
11.    Disclosure of interests                                   73
12.    Exclusion of interested member                            73



                                                                page v
Occupational Therapists Bill 2005



Contents



   13.     Board or committee may resolve that clause 12
           inapplicable                                             73
   14.     Quorum where clause 12 applies                           74
   15.     Minister may declare clauses 12 and 14 inapplicable      74
           Schedule 2 -- Transitional and savings
   1.      Terms used in this Schedule                              75
   2.      Interpretation Act 1984 not affected                     75
   3.      The Occupational Therapists Registration Board
           continues                                                75
   4.      Board members                                            76
   5.      The registrar and other staff                            76
   6.      Persons registered under the repealed Act                76
   7.      Register                                                 77
   8.      Certificates of registration issued under the repealed
           Act                                                      77
   9.      Restoration of certain names to the register             77
   10.     Suspensions                                              77
   11.     Undertakings under the repealed Act                      78
   12.     Complaints being dealt with by the former Board          78
   13.     Investigations                                           78
   14.     Disciplinary proceedings                                 78
   15.     Failure to comply with an order made under the
           repealed Act                                             78
   16.     Annual report for part of a year                         79
   17.     Powers in relation to transitional provision             79
           Schedule 3 -- Consequential
               amendments
   1.      Civil Liability Act 2002 amended                         81
   2.      Constitution Acts Amendment Act 1899 amended             81
   3.      Health Professionals (Special Events Exemption)
           Act 2000 amended                                         81
   4.      Health Services (Conciliation and Review) Act 1995
           amended                                                  82
   5.      Mental Health Act 1996 amended                           82
   6.      State Administrative Tribunal Act 2004 amended           82
           Defined Terms


page vi
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)



          Occupational Therapists Bill 2005


                               A Bill for


An Act to --
•  provide for the regulation of the practice of occupational therapy
  and registration of persons as occupational therapists;
•  repeal the Occupational Therapists Registration Act 1980;
•  make consequential amendments to various Acts,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Occupational Therapists Bill 2005
     Part 1         Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This is the Occupational Therapists Act 2005.

     2.       Commencement
 5            This Act comes into operation on a day fixed by proclamation.

     3.       Terms used in this Act
              In this Act, unless the contrary intention appears --
              "application" means an application for registration;
              "approved" means approved by the Board in writing;
10            "Board" means the Occupational Therapists Registration Board
                   of Western Australia established by section 5;
              "certificate of registration" means a certificate of registration
                   issued under section 39;
              "committee" means a committee established by the Board
15                 under this Act;
              "complainant" means a person who lodges a complaint under
                  section 52(1) or (2);
              "complaint" means --
                  (a) a complaint lodged under section 52(1) or (2);
20                (b) a complaint referred under section 52(3);
                  (c) a matter the complaints assessment committee has
                        determined under section 52(4) to deal with as if it
                        were a complaint; and
                  (d) a matter the Board has referred to the impairment
25                      review committee under section 61(3);
              "complaints assessment committee" means the committee
                  established under section 50;
              "condition" includes restriction;


     page 2
                                    Occupational Therapists Bill 2005
                                         Preliminary           Part 1

                                                                  s. 3



     "Corporations Act" means the Corporations Act 2001 of the
         Commonwealth;
     "Director" means the Director of the Office of Health Review
         under the Health Services (Conciliation and Review)
 5       Act 1995;
     "disciplinary matter" means a matter referred to in section 48;
     "document" includes any tape, disc or other device or medium
         on which information is recorded or stored;
     "impairment" means --
10        (a) mental disability;
         (b) injury;
          (c) physical illness;
     "impairment matter" means a matter referred to in section 49;
     "impairment review committee" means any committee
15       established under section 51;
     "investigator" means a person appointed under section 71;
     "legal practitioner" has the meaning given to that term in the
         Legal Practice Act 2003 section 3;
     "medical practitioner" means a medical practitioner registered
20       under the Medical Act 1894;
     "member of the Board" includes a person acting under
          Schedule 1 clause 3;
     "occupational therapist" means a person who is registered;
     "officer", in relation to a body corporate, has the meaning given
25        to "officer of a corporation" in the Corporations Act
          section 9 but does not include an employee of the body
          corporate unless the employee is concerned in the
          management of the body corporate;
     "presiding member" means the presiding member of the Board
30        referred to in section 7;
     "register" means the register referred to in section 37;
     "registered" means registered by the Board under this Act;

                                                               page 3
     Occupational Therapists Bill 2005
     Part 1         Preliminary

     s. 4



              "registrar" means the person engaged or employed to be
                  registrar under section 17;
              "registration" includes renewal of registration;
              "respondent" means a person the subject of a complaint.

 5   4.       Application
              This Act does not apply to, or in respect of, or in any way
              affect --
                (a) the practice of a person's profession as a medical
                      practitioner;
10              (b) a person acting under the direction of an occupational
                      therapist;
                (c) a person giving instructions in the skills of his or her
                      usual occupation to a person with a disability; or
                (d) a registered teacher as defined in the Western Australian
15                    College of Teaching Act 2004 section 3(1).




     page 4
                                                  Occupational Therapists Bill 2005
          Occupational Therapists Registration Board and committees          Part 2
                                                          The Board     Division 1
                                                                                s. 5



     Part 2 -- Occupational Therapists Registration Board
                      and committees
                               Division 1 -- The Board
     5.         Board established
 5        (1)   A body called the Occupational Therapists Registration Board
                of Western Australia is established.
          (2)   The Board --
                 (a) is a body corporate;
                 (b) has perpetual succession and a common seal; and
10               (c) may sue and be sued in its corporate name.
          (3)   The Board does not represent, and is not an agent of, the Crown.

     6.         Membership of Board
          (1)   The Board consists of 8 members appointed by the Minister, of
                whom --
15               (a) 5 are to be occupational therapists;
                 (b) one is to be a person who has knowledge of and
                      experience in representing the interests of consumers;
                 (c) one is to be a medical practitioner; and
                 (d) one is to be a legal practitioner.
20        (2)   Each member of the Board is to be a natural person.

     7.         Presiding member and deputy presiding member
                The presiding member and the deputy presiding member of the
                Board are to be elected by the Board from amongst its members.

     8.         Constitution and proceedings
25              Schedule 1 has effect with respect to the constitution and
                proceedings of the Board.


                                                                             page 5
     Occupational Therapists Bill 2005
     Part 2         Occupational Therapists Registration Board and committees
     Division 2     Functions and powers
     s. 9



     9.       Remuneration and allowances
              A member of the Board, or of a committee, is to be paid such
              remuneration and allowances (if any) as the Minister, on the
              recommendation of the Minister for Public Sector Management,
 5            determines from time to time.

                      Division 2 -- Functions and powers
     10.      Functions
              The functions of the Board are as follows --
               (a) to advise the Minister on matters to which this Act
10                   applies;
                (b)   to administer the scheme of registration under Part 4;
                (c)   to support and promote public education and research in
                      relation to the practice of occupational therapy;
               (d)    to monitor education in occupational therapy, and
15                    provide advice on that education to the Minister and to
                      any other person or body involved in that education;
                (e)   to promote and encourage --
                         (i) the continuing education of occupational
                              therapists in the practice of occupational therapy;
20                            and
                        (ii) increased levels of skill, knowledge and
                              competence in the practice of occupational
                              therapy;
                      and
25              (f)   to perform other functions that are conferred on the
                      Board under this Act or any other Act.

     11.      Powers
              The Board has all the powers it needs to perform its functions.




     page 6
                                               Occupational Therapists Bill 2005
       Occupational Therapists Registration Board and committees          Part 2
                               Relationship of Board with Minister   Division 3
                                                                            s. 12



     12.         Delegation by Board
           (1)   The Board may delegate any power or duty of the Board under
                 another provision of this Act to --
                   (a) a member of the Board;
 5                 (b) a committee or a member of a committee; or
                   (c) the registrar.
           (2)   The delegation must be in writing executed by the Board.
           (3)   A person to whom a power or duty is delegated under this
                 section cannot delegate that power or duty.
10         (4)   A person exercising or performing a power or duty that has been
                 delegated to the person under this section is to be taken to do so
                 in accordance with the terms of the delegation unless the
                 contrary is shown.
           (5)   Nothing in this section limits the ability of the Board to perform
15               a function through the registrar or any other member of staff or
                 an agent.

                 Division 3 -- Relationship of Board with Minister
     13.         Directions by Minister
           (1)   Subject to subsection (2), the Minister may, after consulting
20               with the Board, give directions in writing to the Board with
                 respect to the performance of its functions either generally or in
                 relation to a particular matter, and the Board is to give effect to
                 any such direction.
           (2)   The Minister must not under subsection (1) direct the Board
25               with respect to the performance of its functions in respect of --
                  (a) a particular person;
                  (b) a particular qualification; or
                  (c) a particular application, complaint or proceeding.



                                                                              page 7
     Occupational Therapists Bill 2005
     Part 2         Occupational Therapists Registration Board and committees
     Division 3     Relationship of Board with Minister
     s. 14



           (3)   The text of a direction given under subsection (1) must be --
                  (a) laid before each House of Parliament within 14 sitting
                        days of that House after the direction is given; and
                  (b) included in the annual report submitted by the Board
 5                      under section 25(1).

     14.         Minister to have access to information
           (1)   In this section --
                 "information" means information specified, or of a description
                      specified, by the Minister that relates to the functions of the
10                    Board.
           (2)   The Minister is entitled --
                  (a) to have information in the possession of the Board; and
                  (b) if the information is in or on a document, to have, and
                       make and retain copies of, that document.
15         (3)   For the purposes of subsection (2) the Minister may --
                  (a)    request the Board to furnish information to the Minister;
                  (b)    request the Board to give the Minister access to
                         information;
                   (c)   for the purposes of paragraph (b) make use of the staff
20                       of the Board to obtain the information and furnish it to
                         the Minister.
           (4)   The Board is to comply with a request under subsection (3) and
                 make its staff and facilities available to the Minister for the
                 purposes of subsection (3)(c).
25         (5)   The Minister is not entitled to have information under this
                 section in a form that --
                   (a) discloses the identity of a person involved in a particular
                         application, complaint, investigation or other
                         proceeding; or



     page 8
                                               Occupational Therapists Bill 2005
       Occupational Therapists Registration Board and committees          Part 2
                                                     Committees      Division 4
                                                                            s. 15



                  (b)   might enable the identity of any such person to be
                        ascertained,
                 unless that person has consented to the disclosure.

                              Division 4 -- Committees
 5   15.         Committees
           (1)   In addition to the complaints assessment committee and the
                 impairment review committee the Board may from time to time
                 establish any other committee.
           (2)   The Board may --
10                (a) determine the functions, membership and constitution;
                  (b) appoint such members and other persons as it thinks fit
                       to be members; and
                  (c) give directions with respect to the functions and
                       procedures,
15               of a committee established under this section.
           (3)   A committee is to comply with a direction given to it under
                 subsection (2)(c).
           (4)   At the request of the Board, a committee established under this
                 section is to report on the performance of its functions to the
20               Board, in accordance with the Board's request.

     16.         Provisions relating to committees
           (1)   Each member of a committee is to be a natural person.
           (2)   The Board may remove a person from membership of a
                 committee and may reconstitute or discharge a committee
25               established by the Board.
           (3)   A committee is to ensure that an accurate record is kept and
                 preserved of the proceedings of each meeting of the committee
                 and of each resolution passed by the committee.


                                                                             page 9
     Occupational Therapists Bill 2005
     Part 2         Occupational Therapists Registration Board and committees
     Division 5     Registrar and other staff
     s. 17



           (4)   Subject to this Act, a committee may determine its own
                 procedures.
           (5)   A person with special knowledge or experience may be invited
                 to act in an advisory capacity to a committee if the committee is
 5               of the opinion that the person will assist the committee in the
                 performance of its functions and the Board has approved the
                 invitation.

                      Division 5 -- Registrar and other staff
     17.         Registrar
10         (1)   The Board is to engage or employ a person to be the registrar.
           (2)   The registrar has the functions that are conferred under this Act
                 or that the Board directs the registrar to perform.
           (3)   The registrar may delegate to a person engaged or employed by
                 the Board any power or duty of the registrar under another
15               provision of this Act.
           (4)   The delegation must be in writing executed by the registrar.
           (5)   A person to whom a power or duty is delegated under this
                 section cannot delegate that power or duty.
           (6)   A delegate exercising or performing a power or duty that has
20               been delegated to the person under this section is to be taken to
                 do so in accordance with the terms of the delegation unless the
                 contrary is shown.

     18.         Other staff
                 The Board may engage or employ persons to provide such
25               professional, technical or other assistance that the Board
                 considers necessary to enable it to perform its functions.




     page 10
                                               Occupational Therapists Bill 2005
       Occupational Therapists Registration Board and committees          Part 2
                                                         General     Division 6
                                                                            s. 19



                                 Division 6 -- General
     19.         Duty not to make improper use of information
                 A member or former member of the Board or a member or
                 former member of a committee must not, whether within or
 5               outside the State, make improper use of information acquired by
                 virtue of that position to gain, directly or indirectly, an
                 advantage for himself or herself or for any other person.
                 Penalty: $5 000.
     20.         Meetings and minutes of meetings
10         (1)   Subject to this section, every meeting of the Board is to be open
                 to members of the public.
           (2)   Despite subsection (1) --
                  (a) the Board may of its own initiative order that in any
                        particular case a meeting, or part of a meeting, of the
15                      Board is to be closed; and
                  (b) where a meeting of the Board concerns a proceeding
                        under Part 5 relating to a disciplinary or impairment
                        matter, a person to whom the proceedings relate may
                        request that the meeting, or part of the meeting, be
20                      closed.
           (3)   The Board is to consider a request under subsection (2)(b) and
                 may order that the meeting, or part of the meeting, be closed if it
                 is of the opinion that such an order is in the best interests of the
                 parties involved or the maintenance of professional standards.
25         (4)   The minutes of a meeting of the Board are to be open for
                 inspection at its principal place of business by members of the
                 public during normal office hours without fee, other than
                 minutes relating to --
                   (a) proceedings under Part 5 relating to a disciplinary or
30                       impairment matter;
                   (b) a matter determined to be confidential under
                         subsection (6); or

                                                                             page 11
     Occupational Therapists Bill 2005
     Part 2         Occupational Therapists Registration Board and committees
     Division 6     General
     s. 21



                   (c)   a meeting, or part of a meeting, that the Board ordered
                         be closed under subsection (2)(a) or (3).
           (5)   A person may, on payment of the fee prescribed by the
                 regulations, if any, obtain a copy of any minutes of the Board
 5               available for inspection under subsection (4).
           (6)   The Board may determine that a matter is confidential if it
                 considers that its disclosure is likely to infringe the reasonable
                 privacy of any person.

     21.         Execution of documents by Board
10         (1)   The Board is to have a common seal.
           (2)   A document is duly executed by the Board, if --
                  (a) the common seal of the Board is affixed to it in
                       accordance with subsections (3) and (4); or
                  (b) it is signed on behalf of the Board by a person or
15                     persons authorised by the Board to do so under
                       subsection (5).
           (3)   The common seal of the Board is not to be affixed to any
                 document except as authorised by the Board.
           (4)   The common seal of the Board is to be affixed to a document in
20               the presence of 2 members of the Board and each of them is to
                 sign the document to attest that the common seal was so affixed.
           (5)   The Board may, by writing under its seal, authorise --
                  (a) a member or members of the Board; or
                  (b) a member or members of staff,
25               to sign documents on behalf of the Board, either generally or
                 subject to such conditions as are specified in the authorisation.
           (6)   A document executed under this section without the common
                 seal of the Board is not to be regarded as being a document
                 under seal.


     page 12
                                            Occupational Therapists Bill 2005
    Occupational Therapists Registration Board and committees          Part 2
                                                      General     Division 6
                                                                         s. 21



    (7)   A document purporting to be executed in accordance with this
          section is to be presumed to be duly executed until the contrary
          is shown.
    (8)   When a document is produced bearing a seal purporting to be
5         the common seal of the Board, it is to be presumed that the seal
          is the common seal of the Board until the contrary is shown.




                                                                      page 13
     Occupational Therapists Bill 2005
     Part 3         Finance and reports

     s. 22



                        Part 3 -- Finance and reports
     22.         Funds of the Board
           (1)   The funds of the Board consist of --
                  (a) fees received by the Board;
 5                (b) grants (if any) by the State, and all gifts and donations
                        made to the Board, but subject to any trusts declared in
                        relation to the grants, gifts or donations;
                  (c) penalties, costs and expenses received under section 60
                        or 82; and
10                (d) other money or property lawfully received by the Board
                        in connection with the performance of its functions.
           (2)   The funds of the Board may be applied --
                  (a) for the purposes of the administration and enforcement
                        of this Act, including the remuneration of members of
15                      the Board and committees and of the registrar and other
                        persons engaged or employed by the Board;
                  (b) for the payment of examinations and reports in
                        accordance with section 65(3);
                  (c) for the furtherance of education, including public
20                      education, and research in relation to the practice of
                        occupational therapy;
                  (d) by way of contribution to any professional body for
                        occupational therapists for the development by that body
                        of professional standards; and
25                (e) for any other purpose that the Board may recommend
                        and the Minister may approve to enable the Board to
                        perform its functions.

     23.         Accounts
           (1)   The Board is to cause to be kept proper accounts and records of
30               the transactions and affairs of the Board and is to prepare


     page 14
                                                 Occupational Therapists Bill 2005
                                                Finance and reports         Part 3

                                                                               s. 24



                 financial statements in accordance with Australian Accounting
                 Standards.
           (2)   The financial statements are to be prepared on an accrual basis
                 unless the Board determines otherwise.

 5   24.         Audit
                 The accounts and financial statements of the Board are to be
                 audited at least once a year, at the expense of the Board, by a
                 registered company auditor (as defined in paragraph (a) of the
                 definition of that term in the Corporations Act section 9)
10               appointed by the Board with the prior approval of the Minister.

     25.         Annual report and other reports
           (1)   The Board, not later than 31 December in each year, is to make
                 and submit to the Minister an annual report of its proceedings
                 for the preceding year ending on 30 June together with a copy
15               of its financial statements for that year and the auditor's report
                 on those statements.
           (2)   The Board's annual report must include details of --
                  (a) the number, nature, and outcome, of --
                          (i) investigations and inquiries undertaken under
20                             this Act during the year to which the report
                               relates; and
                         (ii) matters that have been brought before the State
                               Administrative Tribunal by the Board during the
                               year to which the report relates;
25                (b) the number and nature of matters referred to in
                       paragraph (a) that are outstanding;
                  (c) any trends or special problems that may have emerged;
                  (d) forecasts of the workload of the Board in the year after
                       the year to which the report relates; and
30                (e) any proposals for improving the operation of the Board.



                                                                            page 15
    Occupational Therapists Bill 2005
    Part 3         Finance and reports

    s. 25



       (3)    The Minister is to cause a copy of the Board's annual report and
              financial statements and of the auditor's report submitted under
              subsection (1) to be laid before each House of Parliament within
              14 sitting days of that House after receipt of the report by the
5             Minister.
       (4)    The Board is to ensure that after subsection (3) has been
              complied with copies of the reports and statements referred to in
              that subsection are available on request for inspection at its
              principal place of business.




    page 16
                                                    Occupational Therapists Bill 2005
                                Registration of occupational therapists        Part 4
                                                          Registration    Division 1
                                                                                 s. 26



            Part 4 -- Registration of occupational therapists
                             Division 1 -- Registration
     26.         Natural persons may be registered
                 Registration under this Act may be granted only to a natural
 5               person.

     27.         Registration
           (1)   The Board is to register an applicant if satisfied that the
                 applicant has --
                   (a) complied with the requirements of subsection (2); and
10                 (b) paid the registration fee, if any, prescribed by the
                        regulations.
           (2)   The requirements for registration are that the applicant --
                  (a) is a fit and proper person to be registered as an
                        occupational therapist;
15                (b) has not been convicted of an offence the nature of which
                        renders the person unfit to practise as an occupational
                        therapist;
                  (c) has adequate knowledge of the English language both
                        written and oral;
20                (d) has sufficient physical capacity, mental capacity and
                        skill to practise occupational therapy;
                  (e) subject to subsection (3), has acquired such knowledge
                        and has such practical experience in occupational
                        therapy as in the opinion of the Board is sufficient to
25                      enable that person to perform efficiently the duties of an
                        occupational therapist; and
                   (f) holds a qualification prescribed by the rules as a
                        qualification for registration as an occupational
                        therapist.



                                                                             page 17
     Occupational Therapists Bill 2005
     Part 4         Registration of occupational therapists
     Division 1     Registration
     s. 28



           (3)   Subsection (2)(e) does not apply to a person who, having been
                 awarded a qualification referred to in subsection (2)(f) within
                 the 5 years preceding the application, is applying to the Board,
                 for the first time, for registration under subsection (1).
 5         (4)   The Board may impose such conditions on registration under
                 subsection (1) as the Board reasonably requires to ensure the
                 competent and safe practice of occupational therapy by the
                 occupational therapist.
           (5)   A condition imposed under subsection (4) may apply
10               indefinitely or for a period of time specified by the Board in the
                 written notice.
           (6)   The Board may, on its own motion or on the application of a
                 person the subject of a condition imposed under this section, on
                 reasonable grounds, revoke or vary the condition.

15   28.         Provisional registration
           (1)   The Board may provisionally register an applicant if satisfied
                 that --
                   (a) the applicant has applied to be registered under
                        section 27;
20                 (b) the requisite evidence is likely to be produced to enable
                        the Board to be satisfied as to the matters set out in
                        section 27(2); and
                   (c) the applicant has paid the registration fee, if any,
                        prescribed by the regulations.
25         (2)   Provisional registration has effect for a period of 3 months
                 beginning on the day on which it is granted unless earlier
                 cancelled.
           (3)   The Board may impose such conditions on registration under
                 subsection (1) as the Board reasonably requires to ensure the
30               competent and safe practice of occupational therapy by the
                 occupational therapist.


     page 18
                                                   Occupational Therapists Bill 2005
                               Registration of occupational therapists        Part 4
                                                         Registration    Division 1
                                                                                s. 29



           (4)   If the Board, before the period referred to in subsection (2)
                 expires, has reason to believe that a person granted provisional
                 registration is not entitled to be registered as an occupational
                 therapist under section 27, the Board may, without prejudice to
 5               the person's application to be registered, cancel the person's
                 provisional registration.

     29.         Conditional registration at the discretion of the Board
           (1)   The Board may grant a person conditional registration as an
                 occupational therapist if --
10                 (a) the Board is satisfied that the person meets the
                        requirements of section 27(2)(a), (b), (c) and (d);
                  (b) the Board is satisfied that --
                           (i) the person meets the requirements of
                                section 27(2)(e) and that the requisite evidence is
15                              likely to be produced to enable the Board to be
                                satisfied as to the matters set out in
                                section 27(2)(f);
                          (ii) the person, recognised by the Board as being a
                                person of eminence within the field of
20                              occupational therapy, desires registration for the
                                purpose of enabling the person to teach and
                                demonstrate methods and techniques of
                                occupational therapy; or
                         (iii) the person desires registration to enable the
25                              person to undertake particular duties of
                                occupational therapy of limited duration;
                        and
                   (c) the applicant has paid the registration fee, if any,
                        prescribed by the regulations.
30         (2)   Conditional registration has effect until the day specified in the
                 certificate of registration (unless registration is earlier cancelled
                 by the Board) but that day is in no case to be later than
                 12 months after the issue of the certificate.


                                                                              page 19
     Occupational Therapists Bill 2005
     Part 4         Registration of occupational therapists
     Division 1     Registration
     s. 30



           (3)   Conditional registration, and the practice of occupational
                 therapy by an occupational therapist registered under this
                 section, may be made subject to such conditions as the Board
                 imposes in any particular case.
 5         (4)   The Board may at any time cancel a conditional registration.
           (5)   The Board may, on its own motion or on the application of a
                 person the subject of a condition imposed under this section, on
                 reasonable grounds, revoke or vary the condition.

     30.         Registration as Specialists
10         (1)   The Board is to register an applicant as a specialist in a branch
                 of occupational therapy prescribed by the regulations as a
                 specialty if satisfied that the applicant has --
                  (a)    complied with the requirements of subsection (2); and
                  (b)    paid the registration fee, if any, prescribed by the
15                       regulations.
           (2)   The requirements for registration as a specialist are that the
                 applicant --
                   (a) is registered under section 27; and
                   (b) holds a qualification for registration in the specialty that
20                      is prescribed by the regulations as a qualification for the
                        specialty or a qualification that in the opinion of the
                        Board is equivalent to such a qualification.
           (3)   The Board may impose such conditions on registration under
                 subsection (1) as the Board reasonably requires to ensure the
25               competent and safe practice of the specialty by the specialist.
           (4)   A condition imposed under subsection (3) may apply
                 indefinitely or for a period specified by the Board in the written
                 notice of the decision under section 100.
           (5)   The Board may, on its own motion or on the application of a
30               person the subject of a condition imposed under this section, on
                 reasonable grounds, revoke or vary the condition.

     page 20
                                                  Occupational Therapists Bill 2005
                              Registration of occupational therapists        Part 4
                                                        Registration    Division 1
                                                                               s. 31



           (6)   Subject to this Act, registration of an Occupational Therapist as
                 a specialist confers on that person the right to carry on in the
                 State the practice of the specialty for which the person was
                 granted registration as a specialist under the title or titles
 5               prescribed by the regulations as the title or titles under which
                 the specialty may be practiced.

     31.         Professional indemnity insurance
           (1)   In this section --
                 "professional indemnity insurance" means professional
10                    indemnity insurance that meets the minimum terms and
                      conditions approved by the Board.
           (2)   Without limiting the Board's powers under section 27, 28 or 29,
                 the Board may impose both of the following conditions as
                 conditions of registration under section 27, 28 or 29 --
15                 (a) that --
                           (i) the occupational therapist must hold professional
                                indemnity insurance;
                          (ii) the occupational therapy provided by the
                                occupational therapist must be covered by
20                              professional indemnity insurance; or
                         (iii) the occupational therapist must be specified or
                                referred to in professional indemnity insurance,
                                whether by name or otherwise, as a person to
                                whom the professional indemnity insurance
25                              extends even though the occupational therapist is
                                not a party to the professional indemnity
                                insurance;
                   (b) that the professional indemnity insurance must meet the
                         minimum terms and conditions approved by the Board.
30         (3)   A condition imposed under this section may apply indefinitely
                 or for a period of time specified by the Board in the written
                 notice of the decision given under section 100.


                                                                           page 21
     Occupational Therapists Bill 2005
     Part 4         Registration of occupational therapists
     Division 1     Registration
     s. 32



           (4)   The Board may, on its own motion or on the application of a
                 person the subject of a condition imposed under this section, on
                 reasonable grounds, revoke or vary the condition.

     32.         Application
 5         (1)   An application is to be --
                  (a)   in writing;
                  (b)   made in an approved manner and form; and
                  (c)   accompanied by the application fee, if any, prescribed
                        by the regulations.
10         (2)   The applicant must provide the Board or the registrar with such
                 further information as the Board or the registrar requires, in any
                 particular case, and if required by the Board or the registrar
                 must verify the information by statutory declaration.
           (3)   The Board may, in writing, require an applicant for registration
15               to attend before the Board for the purpose of satisfying the
                 Board as to a matter relevant to the application and, if the
                 person fails to attend, may refuse the application.
           (4)   The Board may refuse to register a person who does not comply
                 with this section.

20   33.         Effect of registration
                 Subject to this Act, registration confers on the person registered
                 the right to carry on in the State the practice of occupational
                 therapy under the title of "occupational therapist".

     34.         Duration of registration
25               Subject to this Act, registration --
                  (a) has effect for the period prescribed by the regulations;
                        and
                  (b) may be renewed in accordance with the regulations for a
                        further period prescribed by the regulations.


     page 22
                                                   Occupational Therapists Bill 2005
                               Registration of occupational therapists        Part 4
                                                         Registration    Division 1
                                                                                s. 35



     35.         Renewal of registration
           (1)   An occupational therapist must pay to the Board a fee
                 prescribed by the regulations for the renewal of registration, and
                 if the fee is not paid on or before the day on which it falls due
 5               under the regulations --
                  (a)    the person ceases to be registered; and
                  (b)    the person's name must be removed from the register.
           (2)   A person whose name is removed from the register under
                 subsection (1) may at any time pay to the Board all fees that are
10               in arrears, and all fees that would be in arrears if the person had
                 continued to be registered, together with any additional amount
                 prescribed by the regulations for the purposes of this subsection,
                 and is then to be entitled, subject to this Act, to have his or her
                 registration renewed and the name restored to the register.
15         (3)   For the purposes of Part 5, the registration of a person whose
                 name is restored to the register under subsection (2) is taken to
                 have continued during the period that the person's name was
                 removed from the register under subsection (1).
           (4)   The Board is to give written notice of the renewal fee to an
20               occupational therapist, sent to that occupational therapist's
                 address as recorded in the register, at least 42 days before the
                 fee falls due under the regulations.
           (5)   A person may apply to the Board for the remission of fees
                 payable by the person under this section that are in arrears, and
25               the Board may remit those fees in whole or in part.

     36.         Application for registration by a person whose registration
                 has been cancelled under section 79(1)(i)
           (1)   In this section --
                 "disqualified person" means a person whose registration has
30                    been cancelled and name removed from the register under
                      section 79(1)(i).


                                                                            page 23
     Occupational Therapists Bill 2005
     Part 4         Registration of occupational therapists
     Division 2     The register
     s. 37



           (2)   A disqualified person may not apply for registration for a period
                 of 2 years after that person's registration was cancelled.
           (3)   The Board cannot grant an application for registration by a
                 disqualified person unless it has applied for, and obtained, the
 5               approval of the State Administrative Tribunal to do so.
           (4)   Registration of, and the practice of occupational therapy by, a
                 disqualified person may be made subject to such conditions as
                 the Board in any particular case imposes.

                              Division 2 -- The register
10   37.         The register
                 The Board is required to keep an accurate and up to date register
                 of all occupational therapists in such manner and form as the
                 Board determines and in respect of each occupational therapist
                 is to record --
15                  (a) the name of that occupational therapist;
                   (b) the business, or other, address of that occupational
                          therapist;
                    (c) particulars of all of the occupational therapy
                          qualifications recognised by the Board and held by that
20                        occupational therapist;
                  (d)    the provision of this Act under which the occupational
                         therapist is registered;
                   (e)   any conditions applying to the registration;
                   (f)   details of the exercise of any power under Part 5 in
25                       respect of that occupational therapist or any order made
                         in respect of that occupational therapist in a proceeding
                         before the State Administrative Tribunal under Part 5;
                         and
                  (g)    such other information, if any, as is prescribed by the
30                       regulations.



     page 24
                                                   Occupational Therapists Bill 2005
                               Registration of occupational therapists        Part 4
                                                         The register    Division 2
                                                                                s. 38



     38.         Inspection of register
           (1)   The register must be kept in the office of the registrar.
           (2)   The register must be available for inspection by members of the
                 public during normal office hours.
 5         (3)   The register may be made available for inspection by members
                 of the public on an internet website maintained by the Board.
           (4)   A person may, on application to the registrar in respect of the
                 register or an entry in the register, and payment of the fee
                 prescribed by the regulations, if any, obtain a certified copy of
10               the register or the entry.
           (5)   No fee is payable under subsection (4) if the application is
                 made --
                   (a)   by an officer of the department of the Public Service
                         principally assisting the Minister in the administration of
15                       this Act; and
                  (b)    for the purpose of carrying out the functions of an
                         officer of that department.

     39.         Certificate of registration
           (1)   On the registration of a person the Board is to issue to that
20               person a certificate of registration in an approved form.
           (2)   In the absence of evidence to the contrary a certificate of
                 registration is evidence that the person to whom the certificate is
                 issued is registered.

     40.         Voluntary removal from register and cancellation of
25               registration
           (1)   An occupational therapist may, in writing, request the registrar
                 to remove the name of that occupational therapist from the
                 register and cancel the occupational therapist's registration.
           (2)   Upon receipt of a request under subsection (1) the registrar is to
30               refer the request to the Board and may, if the Board so

                                                                             page 25
     Occupational Therapists Bill 2005
     Part 4         Registration of occupational therapists
     Division 2     The register
     s. 41



                 approves, remove the name of the occupational therapist from
                 the register and cancel the occupational therapist's registration.
           (3)   This section does not apply to an occupational therapist who is
                 the subject of proceedings under Part 5.

 5   41.         Removal of name and cancellation of registration of person
                 in certain circumstances
           (1)   Subject to subsections (2) and (3), the Board is to cancel the
                 registration of and direct the registrar to remove from the
                 register the name of an occupational therapist if the Board is
10               satisfied that the occupational therapist --
                   (a) has not practised occupational therapy in the preceding
                          period of 5 years; and
                   (b) has not maintained current knowledge and skills in
                          occupational therapy at an approved level.
15         (2)   If the Board proposes to give a direction under subsection (1),
                 the Board is to give the occupational therapist written notice of
                 the proposal and the reasons for the proposal.
           (3)   A notice given under subsection (2) must state that within
                 28 days after the notice is given, the occupational therapist to
20               whom it is given may make written representations to the Board
                 concerning the proposal, and the Board is not to give the
                 direction without considering any representations received
                 within that period.

     42.         Effect of removal of name from register
25               If the name of a registered person is removed from the register
                 under a provision of this Act, that person ceases to be registered.




     page 26
                                                  Occupational Therapists Bill 2005
                              Registration of occupational therapists        Part 4
                                               Notifications to Board   Division 3
                                                                               s. 43



                        Division 3 -- Notifications to Board
     43.         Change of address
           (1)   An occupational therapist must give the registrar written advice
                 of any change to the address that is recorded in the register in
 5               relation to the person.
                 Penalty: $1 000.
           (2)   The advice referred to in subsection (1) must be given no later
                 than 30 days after the change to the address.

     44.         Loss of qualifications
10         (1)   An occupational therapist must give the registrar written advice
                 if a qualification that enabled the person to be registered is
                 withdrawn or cancelled by the body that conferred the
                 qualification.
                 Penalty: $1 000.
15         (2)   The advice referred to in subsection (1) must be given no later
                 than 90 days after the withdrawal or cancellation.

     45.         Insolvency
           (1)   In subsection (2) --
                 "insolvent" means a person who is an insolvent under
20                    administration as defined in the Corporations Act section 9.
           (2)   An occupational therapist must, within 7 days of becoming an
                 insolvent, give the registrar written advice of the insolvency.
                 Penalty: $5 000.




                                                                           page 27
     Occupational Therapists Bill 2005
     Part 4         Registration of occupational therapists
     Division 3     Notifications to Board
     s. 46



     46.         Civil or criminal proceedings
           (1)   An occupational therapist must give the registrar written advice
                 of any of the following matters within 14 days after --
                   (a) any civil proceedings claiming damages or other
 5                       compensation arising out of the practice of occupational
                         therapy;
                   (b) any criminal proceedings for an offence arising out of
                         the practice of occupational therapy,
                 are commenced against that occupational therapist.
10               Penalty: $5 000.
           (2)   An occupational therapist must give the registrar written advice
                 of any of the following matters within 14 days after --
                  (a)   any proceedings of a kind referred to in subsection (1)
                        commenced against that occupational therapist are
15                      withdrawn or settled;
                  (b) any such proceedings are determined by a court or other
                        tribunal.
                 Penalty: $5 000.

     47.         Information about professional indemnity insurance
20         (1)   If it is a condition of an occupational therapist's registration
                 that --
                   (a) the occupational therapist must hold professional
                           indemnity insurance;
                   (b) occupational therapy provided by the occupational
25                         therapist must be covered by professional indemnity
                           insurance; or
                   (c) the occupational therapist must be specified or referred
                           to in professional indemnity insurance, whether by name
                           or otherwise, as a person to whom the professional
30                         indemnity insurance extends even though the



     page 28
                                            Occupational Therapists Bill 2005
                        Registration of occupational therapists        Part 4
                                         Notifications to Board   Division 3
                                                                         s. 47



                  occupational therapist is not a party to the professional
                  indemnity insurance,
           the occupational therapist must give the registrar written
           advice --
 5           (d) if the professional indemnity insurance is cancelled; or
             (e) of any change in the terms or conditions of the
                  professional indemnity insurance.
           Penalty: $1 000.
     (2)   The advice referred to in subsection (1) must be given no later
10         than 30 days after the cancellation or change in the terms or
           conditions.




                                                                     page 29
     Occupational Therapists Bill 2005
     Part 5         Disciplinary and impairment matters
     Division 1     Preliminary
     s. 48



           Part 5 -- Disciplinary and impairment matters
                            Division 1 -- Preliminary
     48.       Disciplinary matters
               The following are disciplinary matters --
 5              (a) that a person has contravened a condition applying to
                       that person's registration or the practice of occupational
                       therapy by that person;
                (b) that a person in the course of his or her practise as an
                       occupational therapist --
10                        (i) acted carelessly;
                         (ii) acted incompetently;
                        (iii) acted improperly;
                        (iv) breached this Act;
                         (v) failed to comply with an undertaking given to the
15                             Board under this Act;
                        (vi) provided services that were excessive,
                               unnecessary or not reasonably necessary for the
                               recipient's wellbeing;
                (c) that a person has been convicted of an offence the nature
20                     of which renders the person unfit to practise as an
                       occupational therapist.

     49.       Impairment matters
               The following are impairment matters --
                (a) that a person is affected by his or her use of or
25                     dependence on alcohol or a drug to such an extent that
                       the ability of the person to practise as an occupational
                       therapist is or is likely to be affected;
                (b) that a person suffers from an impairment to such an
                       extent that the ability of the person to practise as an
30                     occupational therapist is or is likely to be affected.

     page 30
                                                   Occupational Therapists Bill 2005
                                 Disciplinary and impairment matters          Part 5
                                                         Committees      Division 2
                                                                                s. 50



                              Division 2 -- Committees
     50.         Complaints assessment committee
           (1)   The Board is to establish a committee to be known as the
                 complaints assessment committee.
 5         (2)   The complaints assessment committee is to consist of the
                 following 3 persons appointed in writing by the Board from
                 time to time --
                   (a) an occupational therapist (who may be a member of the
                         Board);
10                 (b) a person who is not an occupational therapist and is not
                         qualified to be registered as an occupational therapist;
                   (c) such other person (including an occupational therapist or
                         member of the Board) as the Board considers
                         appropriate.
15         (3)   The Board is to appoint a member of the complaints assessment
                 committee to be the committee's chairperson.
           (4)   The complaints assessment committee is to submit an annual
                 report to the Board as soon as is practicable after 30 June in
                 each year in respect of the functions performed by the
20               committee during the year that ended on that day.
           (5)   A notice or appointment authorised by this Act to be given or
                 made by the complaints assessment committee is taken to have
                 been given or made by the committee if it is signed on behalf of
                 the committee --
25                 (a) by the chairperson of the committee; or
                   (b) by some other person authorised by the committee to
                        sign the notice or appointment.

     51.         Impairment review committee
           (1)   The Board may establish a committee to be known as the
30               impairment review committee.


                                                                            page 31
     Occupational Therapists Bill 2005
     Part 5         Disciplinary and impairment matters
     Division 3     Complaints
     s. 52



           (2)   The impairment review committee is to consist of the following
                 3 persons appointed in writing by the Board from time to
                 time --
                   (a) an occupational therapist (who may be a member of the
 5                      Board);
                   (b) a medical practitioner;
                   (c) such other person (including an occupational therapist or
                        member of the Board) as the Board considers
                        appropriate.
10         (3)   The Board is to appoint a member of the impairment review
                 committee to be the committee's chairperson.
           (4)   A notice or appointment authorised by this Act to be given or
                 made by the impairment review committee is taken to have been
                 given or made by the committee if it is signed on behalf of the
15               committee --
                   (a) by the chairperson of the committee; or
                   (b) by some other person authorised by the committee to
                        sign the notice or appointment.

                              Division 3 -- Complaints
20   52.         Complaints
           (1)   A person may lodge a complaint in relation to an impairment
                 matter with the complaints assessment committee in relation to
                 a person who is an occupational therapist.
           (2)   A person may lodge a complaint in relation to a disciplinary
25               matter with the complaints assessment committee in relation
                 to --
                   (a) a person who is an occupational therapist; or
                   (b) a person who was an occupational therapist when the
                        disciplinary matter allegedly occurred but who is no
30                      longer an occupational therapist.



     page 32
                                                   Occupational Therapists Bill 2005
                                 Disciplinary and impairment matters          Part 5
                                                         Complaints      Division 3
                                                                                s. 53



           (3)   If the Director refers a complaint to the Board under the Health
                 Services (Conciliation and Review) Act 1995 section 31 or
                 43(3), the Board is to refer the complaint to the complaints
                 assessment committee.
 5         (4)   The complaints assessment committee may determine that an
                 impairment matter or a disciplinary matter is to be dealt with as
                 if it were the subject of a complaint lodged with the committee,
                 despite no complaint having been made to it.
           (5)   The complaints assessment committee is not to make a
10               determination under subsection (4) unless it is of the opinion
                 that --
                   (a) in respect of a person who is an occupational therapist
                        when the determination is made, there is cause to
                        investigate whether an impairment matter or a
15                      disciplinary matter exists or has occurred; or
                   (b) in respect of a person who was an occupational therapist
                        when the disciplinary matter allegedly occurred, there is
                        cause to investigate whether a disciplinary matter
                        occurred.

20   53.         Complaints assessment committee to determine action
                 required
           (1)   The complaints assessment committee is to decide in respect of
                 a complaint --
                   (a) if the committee is of the opinion that the complaint
25                      requires action under Division 4, to refer it to the Board
                        for action under that Division;
                   (b) to reject the complaint under section 54;
                   (c) in the case of a complaint relating to a disciplinary
                        matter, to deal with the complaint under subsection (3)
30                      or section 58; or
                   (d) in the case of a complaint relating to an impairment
                        matter, to refer the complaint to the impairment review
                        committee.

                                                                            page 33
     Occupational Therapists Bill 2005
     Part 5         Disciplinary and impairment matters
     Division 4     Summary orders of Board
     s. 54



           (2)   To enable the complaints assessment committee to make a
                 decision under subsection (1) the committee may make such
                 inquiries as it considers appropriate.
           (3)   If the complaint relates to a disciplinary matter referred to in
 5               section 48(b)(v), the complaints assessment committee may
                 recommend to the Board that it make an allegation to the State
                 Administrative Tribunal based on the complaint that gave rise to
                 the undertaking.

     54.         Complaints assessment committee may reject certain
10               complaints
           (1)   The complaints assessment committee may at any time before
                 deciding to --
                   (a) refer a complaint to the impairment review committee
                        under section 53(1)(d); or
15                 (b) make a recommendation to the Board under
                        section 53(3) or 58,
                 reject a complaint if it is of the opinion that the complaint is
                 frivolous, vexatious or without substance.
           (2)   Within 7 days of making a decision under subsection (1), the
20               complaints assessment committee is to give written notice to the
                 complainant, if any, that the complaint is rejected and in the
                 notice is to give short particulars of the reasons for the decision.

                      Division 4 -- Summary orders of Board
     55.         Interim orders by Board
25         (1)   If the Board is of the opinion that an activity of an occupational
                 therapist involves or will involve a risk of imminent injury or
                 harm to the physical or mental health of any person, the Board
                 may, without further inquiry, do any or all of the following --
                   (a) give to the occupational therapist who is carrying on that
30                       activity an order prohibiting the carrying on of the
                         activity for a period of not more than 30 days;

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            (b)   give to the occupational therapist an order to comply, for
                  a period of not more than 30 days, with such conditions
                  as the Board thinks fit in relation to the practice of
                  occupational therapy by that occupational therapist;
 5          (c)   give to the occupational therapist an order suspending
                  the person from the practice of occupational therapy,
                  either generally or in relation to any specified
                  circumstances or service, for a period of not more than
                  30 days.
10   (2)   An order made under subsection (1) must --
            (a) state that the Board is of the opinion that the activity of
                  the occupational therapist involves or will involve a risk
                  of imminent injury or harm to the physical or mental
                  health of any person;
15          (b) specify the activity that in the Board's opinion involves
                  or will involve the risk and the matters that give or will
                  give rise to the risk; and
            (c) advise that, within 14 days of the making of the order,
                  the Board will revoke the order or make an allegation
20                about the matter to the State Administrative Tribunal.
     (3)   The Board may, by subsequent order given to the person to
           whom the order made under subsection (1) was given, revoke or
           vary the original order at any time before making an allegation
           about the matter to the State Administrative Tribunal under
25         section 56.
     (4)   The Board may deal under this section with a complaint even
           if --
              (a) the Board, the impairment review committee or the
                  complaints assessment committee is already dealing
30                with the complaint, or a complaint including elements of
                  the first-mentioned complaint, under this Act; or
              (b) the same complaint, or a complaint including elements
                  of the complaint before the Board, has been made under
                  the Health Services (Conciliation and Review) Act 1995

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                        or is being treated as a complaint that was made under
                        that Act.

     56.         Complaint dealt with summarily to be referred to the State
                 Administrative Tribunal
 5         (1)   Within 14 days of making an order under section 55, if that
                 order is not revoked under section 55(3), the Board is to --
                   (a) make an allegation about the matter in respect of which
                         the order was made to the State Administrative Tribunal;
                         and
10                 (b) order that any other proceedings under this Part in
                         respect of the matter commenced before the making of
                         the order be discontinued.
           (2)   Upon an allegation made under subsection (1) the State
                 Administrative Tribunal may, in addition to any other order it
15               may make, affirm or revoke an order under section 55(1) or
                 vary the order by extending the period for which it applies or in
                 any other respect.

     57.         Complaint not dealt with summarily to be referred to
                 relevant committee
20               If the Board does not make an order under section 55 in respect
                 of a complaint referred to it under section 53(1)(a) then the
                 Board is to --
                   (a) refer the complaint to the complaints assessment
                         committee, if the complaint relates to a disciplinary
25                       matter; or
                   (b) refer the complaint to the impairment review committee,
                         if the complaint relates to an impairment matter.




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                         Division 5 -- Disciplinary matters
     58.         Investigation and recommendation
           (1)   If the complaints assessment committee has made a decision to
                 deal with a complaint relating to a disciplinary matter under this
 5               section or has had a complaint referred back to it under
                 section 57, the complaints assessment committee is to
                 investigate the complaint.
           (2)   On completion of the investigation the complaints assessment
                 committee is to make a recommendation to the Board --
10                 (a) to make a summary order under Division 4 (unless the
                       complaint was referred back to the committee under
                       section 57);
                  (b)    if the complaint comes within the Health Services
                         (Conciliation and Review) Act 1995 section 25, not
15                       being a complaint referred to the Board under section 31
                         or 43(3) of that Act, to give a copy of the complaint to
                         the Director;
                   (c)   if paragraph (b) does not apply, to attempt to settle the
                         complaint by conciliation;
20                (d)    to caution or reprimand the respondent;
                  (e)    to accept an undertaking from the respondent to take or
                         refrain from action specified in the recommendation;
                   (f)   to make an allegation about the complaint to the State
                         Administrative Tribunal; or
25                (g)    to take no further action.
           (3)   The complaints assessment committee is not to make a
                 recommendation under subsection (2)(c) unless it is satisfied
                 that the matter can be dealt with satisfactorily by informal
                 procedures.
30         (4)   The complaints assessment committee may recommend to the
                 Board that it take action under both subsection (2)(d) and (e) in
                 respect of a complaint.

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     59.         Role of Board
           (1)   The Board is to consider the recommendation of the complaints
                 assessment committee under section 58(2) and may either --
                   (a) act on the recommendation of the complaints assessment
 5                       committee; or
                   (b) take action of a kind referred to in section 58(2) other
                         than that recommended by the complaints assessment
                         committee.
           (2)   The Board is not to take action of a kind referred to in
10               section 58(2)(c) unless it is satisfied that the matter can be dealt
                 with satisfactorily by informal procedures.
           (3)   The Board may take action under both section 58(2)(d) and (e)
                 in respect of a complaint.
           (4)   Within 7 days of making a decision under subsection (1), the
15               Board is to give written notice to the complainant, if any, and
                 the respondent of the action proposed to be taken by the Board
                 together with short particulars of the reasons for the decision.
     60.         Alternative to making allegation to the State Administrative
                 Tribunal
20         (1)   If the Board --
                   (a) is of the opinion that a proceeding before the Tribunal is
                         not warranted by the nature of the allegation;
                   (b) has afforded to the person concerned the opportunity of
                         giving an explanation to the Board either in person or in
25                       writing and is not satisfied by any explanation offered;
                         and
                   (c) has afforded to the person concerned the option of the
                         matter proceeding before the Tribunal and that option
                         has not been taken up,
30               the Board, instead of making an allegation to the State
                 Administrative Tribunal under section 59(1), may --
                   (d) if the person is an occupational therapist, order that the
                         particulars entered in the register in relation to that
                         person be amended;

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                  (e)   caution or reprimand that person;
                  (f)   if the person is an occupational therapist, require that
                        person to give an undertaking to the Board, either with
                        or without security, for such period as is specified --
 5                         (i) in relation to his or her future conduct as an
                                occupational therapist; or
                          (ii) to comply with such conditions as are specified
                                in relation to his or her practice;
                        or
10                (g)   order that person to pay to the Board a penalty not
                        exceeding $2 500.
           (2)   The Board may, in addition to or instead of imposing one or
                 more of the penalties specified in subsection (1), order the
                 person concerned to pay such costs and expenses of or
15               incidental to the proceedings as the Board thinks fit.
           (3)   Where any penalty, costs or expenses are ordered to be paid
                 under this section the amount ordered to be paid is recoverable
                 in any court of competent jurisdiction as a debt due to the
                 Board.
20         (4)   Within 7 days of making a decision under subsection (1)(d)
                 to (g) or (2), the Board is to give written notice to the
                 complainant, if any, and the respondent of the decision together
                 with short particulars of the reasons for the decision.

                         Division 6 -- Impairment matters
25   61.         Request by occupational therapist for imposition of
                 condition
           (1)   An occupational therapist who believes that his or her ability to
                 practise occupational therapy is affected because of an
                 impairment matter may ask the Board to impose a condition
30               with respect to his or her registration.



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           (2)   If the Board and the occupational therapist agree upon the
                 condition to be imposed, the Board is to impose that condition
                 with respect to his or her registration.
           (3)   If the Board and the occupational therapist do not agree upon
 5               the condition to be imposed, the Board is to refer the matter to
                 the impairment review committee for investigation under this
                 Division.

     62.         Revocation of condition
                 The Board may revoke a condition imposed under section 61 if
10               the occupational therapist satisfies the impairment review
                 committee that his or her ability to practise occupational therapy
                 is no longer affected because of the impairment matter that gave
                 rise to the imposition of the condition.

     63.         Investigation
15               The impairment review committee is to investigate a complaint
                 referred to it.

     64.         Occupational therapist to be notified about investigation
           (1)   The impairment review committee is to give written notice of
                 the investigation to the occupational therapist to whom the
20               complaint relates.
           (2)   The notice must --
                  (a) advise the occupational therapist of the nature of the
                        impairment matter to be investigated;
                  (b) if the impairment review committee considers that an
25                      examination of the occupational therapist is necessary,
                        ask the occupational therapist to advise the committee as
                        to whether or not he or she will agree to undergo an
                        examination relating to the impairment matter within a
                        period specified by the committee in the notice; and
30                (c) contain a brief summary of the effect of this Division.


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     65.         Examination
           (1)   If the occupational therapist agrees to undergo an examination
                 within the period specified in the notice under section 64(2)(b),
                 the occupational therapist is to be examined by a medical
 5               practitioner agreed upon by the impairment review committee
                 and the occupational therapist.
           (2)   If the impairment review committee and the occupational
                 therapist are unable to agree upon the person to conduct the
                 examination, the Board is to appoint a medical practitioner to
10               perform the examination.
           (3)   The Board is to pay for an examination conducted under this
                 section and a report provided under section 66.
           (4)   If the occupational therapist does not agree to undergo an
                 examination within the period specified in the notice under
15               section 64(2)(b) or does not abide by an agreement to undergo
                 such an examination, the impairment review committee is to
                 recommend to the Board that the Board make an allegation
                 about the complaint to the State Administrative Tribunal.

     66.         Report of examination
20         (1)   A medical practitioner who conducts an examination under
                 section 65 is to give a report of the examination to the
                 impairment review committee and, not more than 7 days later,
                 the committee is to give a copy of the report to the occupational
                 therapist.
25         (2)   Despite subsection (1), if it appears to the impairment review
                 committee that the disclosure to the occupational therapist of
                 information in the report might be prejudicial to the physical or
                 mental health or wellbeing of the occupational therapist, the
                 committee may decide not to give that report to the occupational
30               therapist but to give it instead to a medical practitioner or
                 another occupational therapist nominated by the occupational
                 therapist.


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           (3)   If the occupational therapist does not nominate a medical
                 practitioner or another occupational therapist to the impairment
                 review committee within 7 days of being requested to do so by
                 the committee, the committee may give the report to a medical
 5               practitioner or occupational therapist selected by the committee.
           (4)   The occupational therapist may make written representations to
                 the impairment review committee with respect to the report
                 within 7 days after the report is given to him or her or the
                 medical practitioner or occupational therapist nominated by him
10               or her or selected by the committee.

     67.         Role of the impairment review committee
           (1)   On completion of the investigation of an occupational therapist
                 and after considering --
                   (a) any report given to the committee under section 66(1);
15                       and
                  (b)    any representations made by the occupational therapist
                         under section 66(4),
                 the impairment review committee is to decide whether or not
                 further action should be taken.
20         (2)   If the impairment review committee decides that further action
                 should be taken, it is to request that the occupational therapist
                 consent --
                   (a) to the imposition of conditions on his or her registration;
                   (b) to being suspended from the practice of occupational
25                        therapy for a period, not exceeding 2 years, specified by
                          the impairment review committee; or
                   (c) to undergo counselling specified by the impairment
                          review committee.
           (3)   If the impairment review committee decides that no further
30               action should be taken it is to give written advice to that effect
                 to --
                   (a) the Board;

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                  (b)   the complainant, if any; and
                  (c)   the occupational therapist.

     68.         Recommendation
           (1)   If the occupational therapist does not consent to a request made
 5               under section 67(2) within 10 days of the request being made,
                 the impairment review committee is to recommend to the Board
                 that the Board make an allegation about the complaint to the
                 State Administrative Tribunal.
           (2)   If the occupational therapist does consent to a request made
10               under section 67(2) within 10 days of the request being made,
                 the impairment review committee is to recommend to the Board
                 that the Board take any action to which the occupational
                 therapist consented.
           (3)   A recommendation made under subsection (1) or (2) must be
15               made in writing and contain details of the committee's
                 investigation of the occupational therapist.

     69.         Role of Board
           (1)   The Board is to consider a recommendation of the impairment
                 review committee and may --
20                 (a) decide not to take any action;
                   (b) take any action to which the occupational therapist
                        consented under section 67(2); or
                   (c) make an allegation about the complaint to the State
                        Administrative Tribunal.
25         (2)   For the purpose of taking action to which the occupational
                 therapist consented under section 67(2), the Board may --
                   (a) impose the conditions to which the occupational
                         therapist consented;
                   (b) suspend the occupational therapist from the practice of
30                       occupational therapy for the period specified by the
                         impairment review committee; or

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                  (c)   obtain an undertaking from the occupational therapist to
                        undergo the counselling specified by the impairment
                        review committee,
                 as the case may require.
 5         (3)   Within 7 days of making a decision under subsection (1) or (2),
                 the Board is to give written notice to the occupational therapist
                 and the complainant, if any, of the decision together with short
                 particulars of the reasons for the decision.

                   Division 7 -- Investigator's role and powers
10   70.         Interpretation
                 In this Division --
                 "appointing body", in relation to an investigator, means the
                      Board or the complaints assessment committee which
                      appointed the investigator.

15   71.         Investigator
           (1)   The Board or the complaints assessment committee may appoint
                 a person to investigate a complaint and report to the Board or
                 committee.
           (2)   An appointing body is to issue to each investigator it appoints a
20               certificate of appointment in an approved form.
           (3)   A certificate purporting to have been issued under this section is
                 evidence in any court of the appointment to which the certificate
                 purports to relate.

     72.         Report of investigator
25         (1)   An investigator is to --
                  (a) within such period as the appointing body requires
                        prepare a report on the investigation, and make
                        recommendations as to the manner in which the
                        complaint should be dealt with; and


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                  (b)    immediately after preparing the report, provide the
                         appointing body with a copy of the report.
           (2)   The investigator is to return his or her certificate of appointment
                 at the time the appointing body is provided with a copy of the
 5               report.

     73.         Powers of investigator
           (1)   An investigator may for the purposes of an investigation --
                  (a) enter and inspect the premises named in a warrant issued
                        under section 75(1), and exercise the powers authorised
10                      under section 75(2)(b) and (c);
                  (b) require a person to produce to the investigator any
                        document or other thing concerning the investigation
                        that is in the possession or under the control of the
                        person;
15                (c) inspect any document or other thing produced to the
                        investigator and retain it for such reasonable period as
                        the investigator thinks fit, and make copies of a
                        document or any of its contents;
                  (d) require a person --
20                         (i) to give the investigator such information as the
                                 investigator requires; and
                          (ii) to answer any question put to that person,
                        in relation to the matter the subject of the investigation;
                        and
25                (e) exercise other powers conferred on an investigator by
                        the regulations.
           (2)   A requirement made under subsection (1)(b) --
                  (a) must be made by notice in writing given to the person
                        required to produce the document or other thing;
30                (b) must specify the time at or within which the document
                        or other thing is to be produced;


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                 (c)   may, by its terms, require that the document or other
                       thing required be produced at a place and by means
                       specified in the requirement; and
                (d)    where the document required is not in a readable format,
 5                     is to be treated as a requirement to produce --
                          (i) the document itself; and
                         (ii) the contents of the document in a readable
                               format.
        (3)    A requirement made under subsection (1)(d) --
10              (a) may be made orally or by notice in writing served on the
                      person required to give information or answer a
                      question, as the case may be;
                (b) must specify the time at or within which the information
                      is to be given or the question is to be answered, as the
15                    case may be; and
                (c) may, by its terms, require that the information or answer
                      required --
                         (i) be given orally or in writing;
                        (ii) be given at or sent or delivered to a place
20                            specified in the requirement;
                       (iii) in the case of written information or answers be
                              sent or delivered by means specified in the
                              requirement; or
                       (iv) be verified by statutory declaration.
25      (4)    If under subsection (1)(b) an investigator requires a person to
               produce any document or other thing concerning the
               investigation that is in the possession or under the control of the
               person, the investigator is to inform that person that the person
               is required under this Act to produce the document or thing.
30      (5)    If under subsection (1)(d) an investigator requires a person to
               give information or answer a question, the investigator is to
               inform that person that the person is required under this Act to
               give the information or answer the question.

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           (6)   An investigator is to produce his or her certificate of
                 appointment if requested to do so by a person in respect of
                 whom the investigator has exercised, or is about to exercise, a
                 power under this section.

 5   74.         Warrant to enter premises
           (1)   If the Board has determined in a particular case that an
                 investigator has reasonable grounds for believing that entry to
                 premises is necessary for the purpose of substantiating a
                 complaint that may involve a threat to the physical or mental
10               health of a person the investigator may apply to a magistrate for
                 a warrant to be issued in respect of those premises.
           (2)   An application for a warrant must --
                  (a) be in writing;
                  (b) be accompanied by a notice in writing from the Board
15                      stating that it has determined in the particular case that
                        the investigator has reasonable grounds for believing
                        that entry to premises is necessary for the purpose of
                        substantiating a complaint that may involve a threat to
                        the physical or mental health of a person;
20                (c) set out the grounds for seeking the warrant; and
                  (d) describe the premises that are to be entered.
           (3)   A magistrate to whom an application is made under this section
                 is to refuse it if --
                    (a) the application does not comply with the requirements
25                        of this Act; or
                   (b) when required to do so by the magistrate, the
                          investigator does not give to the magistrate more
                          information about the application.
           (4)   The information in an application or given to a magistrate under
30               this section must be verified before the magistrate on oath or
                 affirmation or by affidavit, and the magistrate may for that
                 purpose administer an oath or affirmation or take an affidavit.


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     75.         Issue of warrant
           (1)   A magistrate to whom an application is made under section 74
                 may issue a warrant, if satisfied that there are reasonable
                 grounds for believing that entry and inspection of the premises
 5               are necessary for the purpose referred to in that section.
           (2)   A warrant under subsection (1) authorises the investigator --
                  (a) to enter and inspect the premises named in the warrant;
                  (b) to require a person on the premises to answer questions
                        or produce documents or other things concerning the
10                      investigation that are in the possession or under the
                        control of the person; and
                  (c) to inspect documents and other things, and take copies
                        of or extracts from documents, produced in compliance
                        with a requirement made under paragraph (b).
15         (3)   There must be stated in a warrant --
                  (a) the purpose for which the warrant is issued;
                  (b) the name of the person to whom the warrant is issued;
                        and
                  (c) a description of the premises that may be entered.
20         (4)   A magistrate who issues a warrant is to cause a record to be
                 made of particulars of the grounds that the magistrate has relied
                 on to justify the issue of the warrant.

     76.         Execution of warrant
           (1)   If asked by an occupier, or a person in charge, of premises, the
25               person executing a warrant at those premises is to produce it for
                 inspection.
           (2)   A warrant ceases to have effect --
                  (a) at the end of the period of one month after its issue;
                  (b) if it is withdrawn by the magistrate who issued it; or



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                                                         Conciliation    Division 8
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                   (c)   when it is executed,
                 whichever occurs first.

                              Division 8 -- Conciliation
     77.         Conciliation process
 5         (1)   If an attempt is to be made to settle a complaint by conciliation,
                 the Board is to refer the complaint to the complaints assessment
                 committee.
           (2)   The complaints assessment committee is to commence
                 conciliation procedures within 14 days of the complaint being
10               referred to it under subsection (1) and may for that purpose --
                   (a) cause conferences of the complainant or person affected
                         by the conduct of the respondent and the respondent, or
                         their representatives, to be arranged and to be presided
                         over by a person appointed in accordance with the
15                       regulations;
                  (b)    give advice and make recommendations to assist in the
                         reaching of an agreement; and
                   (c)   cause the persons concerned, or any of them, either
                         separately or together, to appear before the complaints
20                       assessment committee.
           (3)   The Board may, with the consent of each of the parties to that
                 agreement, by order give effect to an agreement negotiated
                 under this Division.
           (4)   If the Board makes an order under subsection (3) --
25                 (a) the terms of the agreement reached between the parties
                         referred to in the order are final and binding on those
                         parties; and
                   (b) the order may include any action that might have been
                         taken by the State Administrative Tribunal under
30                       section 79(1) or 80(1).



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           (5)   Evidence of anything lawfully said or done, or any record
                 prepared and produced for the purpose of conciliation, by a
                 person in the course of the conciliation process is not to be used
                 in any subsequent consideration of the complaint by the Board
 5               nor, unless that person waives the right to object, is it admissible
                 in evidence against that person in any subsequent civil
                 proceedings concerning the subject matter of the complaint.

     78.         Action if conciliation fails
                 If --
10                 (a)   the conciliation process fails to result in an agreement
                         between the complainant or other person affected by the
                         conduct of the respondent and the respondent;
                  (b)    the Board is satisfied that the parties are not cooperating
                         with the conciliation process; or
15                 (c)   the Board is not satisfied with the result of the
                         conciliation process,
                 the Board is to --
                   (d) make a summary order under Division 4;
                   (e) investigate the complaint; or
20                  (f) make an allegation about the complaint to the State
                        Administrative Tribunal.

            Division 9 -- Role of the State Administrative Tribunal
     79.         Powers of the State Administrative Tribunal on dealing with
                 a disciplinary matter
25         (1)   If, in a proceeding commenced by an allegation under this Act
                 against an occupational therapist, the State Administrative
                 Tribunal is of the opinion that a disciplinary matter exists in
                 relation to the person, the Tribunal may do one or more of the
                 following --
30                  (a) decline to make an order or a requirement under this
                          subsection;

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     (b)    order the registrar to amend the particulars entered in the
            register in respect of the person;
     (c)    caution or reprimand the person;
     (d)    require the person --
 5             (i) if the patient agrees, to provide further services
                    to a patient at no cost or at an amount determined
                    by the Tribunal;
              (ii) to pay, wholly or in part, for further services to
                    be provided to a patient by another occupational
10                  therapist; or
            (iii)   to reduce or refund the amount of any fees paid
                    in respect of services provided to a patient, to
                    such an extent as is determined by the Tribunal;
     (e)    order that the person comply with such conditions as the
15          Tribunal may impose on the registration of that person;
     (f)    require the person to complete educational or clinical
            courses, or both, as specified in the order or to practise
            under supervision as specified in the order for a period
            specified in the order;
20   (g)    require the person to seek and implement, within a
            period specified in the order, advice from a person or
            persons specified in the order in relation to the
            management and conduct of the person's practice of
            occupational therapy, or the specific part or aspect of the
25          practice specified in the order;
     (h)    order the person to pay a penalty not exceeding $25 000;
      (i)   order that the person's registration be cancelled and
            name be removed from the register;
     (j)    order that the person be suspended from the practice of
30          occupational therapy, either generally or in relation to
            any specified circumstances or service, for a period, not
            exceeding 2 years, specified in the order.




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           (2)   If, in a proceeding commenced by an allegation under this Act
                 against a person who was an occupational therapist when the
                 disciplinary matter allegedly occurred but who is no longer an
                 occupational therapist, the State Administrative Tribunal is of
 5               the opinion that a disciplinary matter exists in relation to that
                 person, the only powers that the Tribunal may exercise are the
                 powers in subsection (1)(a), (c), (d)(ii) and (iii) and (h).

     80.         Powers of the State Administrative Tribunal on dealing with
                 an impairment matter
10         (1)   If, in a proceeding commenced by an allegation under
                 section 69(1)(c), the State Administrative Tribunal is of the
                 opinion that an impairment matter exists in relation to a person,
                 the Tribunal may do one or more of the following --
                    (a) decline to make an order or a requirement under this
15                        subsection;
                   (b) order that the person comply with such conditions as the
                          Tribunal may impose on the registration of that person;
                    (c) require the person to seek and undergo medical
                          treatment or counselling specified by the Tribunal;
20                 (d) order that the person be suspended from the practice of
                          occupational therapy, either generally or in relation to
                          any specified circumstances or service, for the period of
                          time, not exceeding 2 years, specified by the State
                          Administrative Tribunal in the order.
25         (2)   If, during the course of hearing an allegation in respect of an
                 impairment matter, the State Administrative Tribunal
                 determines that the allegation involves a disciplinary matter, the
                 Tribunal may deal with it under section 79(1) or (2) instead of
                 under this section.




     page 52
                                                   Occupational Therapists Bill 2005
                                 Disciplinary and impairment matters          Part 5
                                                      Miscellaneous     Division 10
                                                                                s. 81



                            Division 10 -- Miscellaneous
     81.         Suspension
           (1)   If, under section 55(1)(c), 69(2)(b), 79(1)(j) or 80(1)(d), a
                 person is suspended from the practice of occupational therapy
 5               generally, the person is to be regarded as not being registered
                 during the period of the suspension.
           (2)   If, under section 55(1)(c), 79(1)(j) or 80(1)(d), a person is
                 suspended from the practice of occupational therapy in relation
                 to any specified circumstances or service, the person is to be
10               regarded as not being registered during the period of the
                 suspension in relation to the circumstances or the performance
                 of the service specified in the order of suspension.
           (3)   The Board may, by notice in writing, revoke a suspension,
                 either generally or to a specified extent, and may direct in the
15               notice that the revocation has effect from a date specified in the
                 notice.
           (4)   The Board cannot revoke a suspension that was imposed by the
                 State Administrative Tribunal under section 79(1)(j) or 80(1)(d)
                 unless it has applied for, and obtained, the approval of the
20               Tribunal to do so.

     82.         Costs and recovery
           (1)   The Board may, in addition to or instead of exercising a power
                 under section 59(1) or 69(1), order the respondent to pay such
                 costs and expenses of or arising from the investigation and
25               exercise of that power as the Board thinks fit.
           (2)   Any costs or expenses ordered to be paid under this section are
                 recoverable by the Board in a court of competent jurisdiction as
                 a debt due to the Board.




                                                                            page 53
     Occupational Therapists Bill 2005
     Part 6         Offences

     s. 83



                                  Part 6 -- Offences
     83.       Persons who may practise occupational therapy
               A person must not practise occupational therapy unless that
               person is a registered person.
 5             Penalty:
                    (a) in the case of an individual --
                           (i)     for a first offence, $5 000; and a daily penalty
                                   of $200;
                           (ii) for a second or subsequent offence, $10 000;
10                              and a daily penalty of $400;
                   (b)   in any other case --
                           (i)     for a first offence, $10 000; and a daily
                                   penalty of $400;
                           (ii)    for a second or subsequent offence, $20 000;
15                                 and a daily penalty of $800.

     84.       Persons who may be employed or engaged to practise
               occupational therapy
               A person must not employ or engage a person to practise
               occupational therapy unless the person employed or engaged is
20             a registered person.
               Penalty:
                    (a) in the case of an individual --
                           (i)     for a first offence, $5 000; and a daily penalty
                                   of $200;
25                         (ii)    for a second or subsequent offence, $10 000;
                                   and a daily penalty of $400;




     page 54
                                                  Occupational Therapists Bill 2005
                                                          Offences           Part 6

                                                                                  s. 85



                      (b)   in any other case --
                              (i)   for a first offence, $10 000; and a daily
                                    penalty of $400;
                             (ii)   for a second or subsequent offence, $20 000;
 5                                  and a daily penalty of $800.

     85.         Exceptions to sections 83 and 84
           (1)   In this section --
                 "student" means a person who is enrolled as a student and is
                      studying for a qualification referred to in section 27(2)(f).
10         (2)   For the purposes of sections 83 and 84, a person is not
                 practising occupational therapy only because --
                   (a) the person is a student; or
                   (b) the person employs or engages a person who practises
                         occupational therapy.

15   86.         Use of title "occupational therapist" or pretending to be
                 registered
                 A person must not --
                   (a) use the title "occupational therapist" unless the person is
                         a registered person; or
20                (b) advertise, or otherwise hold out or imply, that the person
                         is registered or entitled, either alone or with others, to
                         practise occupational therapy, unless that person is a
                         registered person.
                 Penalty:
25                    (a) for a first offence, $2 500; and a daily penalty of
                             $100;
                      (b) for a second or subsequent offence, $5 000; and a
                             daily penalty of $200.




                                                                                page 55
     Occupational Therapists Bill 2005
     Part 6         Offences

     s. 87



     87.         Failure to comply with disciplinary action
                 A person must not contravene or fail to comply with an order of
                 the Board given to that person under section 55 or 60.
                 Penalty:
 5                    (a) in the case of an individual, $5 000;
                      (b) in any other case, $10 000.

     88.         False or misleading information
           (1)   A person must not do any of the things set out in
                 subsection (2) --
10                 (a) in relation to an application;
                   (b) in relation to the compliance, or purported compliance,
                        with any requirement of this Act to give the Board or the
                        registrar advice or information; or
                   (c) in relation to an attempt at conciliation under section 77.
15               Penalty: $24 000 or imprisonment for 2 years.
           (2)   The things to which subsection (1) applies are --
                  (a) making a statement which the person knows is false or
                        misleading in a material particular;
                  (b) making a statement which is false or misleading in a
20                      material particular, with reckless disregard as to whether
                        or not the statement is false or misleading in a material
                        particular;
                  (c) providing, or causing to be provided, information that
                        the person knows is false or misleading in a material
25                      particular; or
                  (d) providing, or causing to be provided, information that is
                        false or misleading in a material particular, with reckless
                        disregard as to whether the information is false or
                        misleading in a material particular.




     page 56
                                                 Occupational Therapists Bill 2005
                                                         Offences           Part 6

                                                                               s. 89



     89.         Offences in relation to investigation
           (1)   Where under section 73 a person is required to give any
                 information, answer any question, or produce any document or
                 thing and that person, without reasonable excuse (proof of
 5               which lies on the person) --
                   (a)   fails to give that information or answer that question at
                         or within the time specified in the requirement;
                  (b)    gives any information or answer that is false in any
                         particular; or
10                 (c)   fails to produce that document or thing at or within the
                         time specified in the requirement,
                 the person commits an offence.
                 Penalty:
                      (a) in the case of an individual, $5 000;
15                    (b) in any other case, $10 000.
           (2)   It is a defence in any proceeding for an offence under
                 subsection (1)(a) or (c) for the accused to show --
                    (a) that, in the case of an alleged offence arising out of a
                          requirement made orally under section 73, the
20                        investigator did not, when making the requirement,
                          inform the accused that he or she was required under
                          this Act to give the information or answer the question,
                          as the case may be;
                   (b) that, in the case of an alleged offence arising out of a
25                        requirement made by notice in writing under section 73,
                          the notice did not state that he or she was required under
                          this Act to give the information, answer the question, or
                          produce the document or thing, as the case may be;
                    (c) that the time specified in the requirement did not afford
30                        the accused sufficient notice to enable him or her to
                          comply with the requirement; or
                   (d) that, in any case, the investigator did not, before making
                          the requirement, have reasonable grounds to believe that

                                                                            page 57
     Occupational Therapists Bill 2005
     Part 6         Offences

     s. 90



                        compliance with the requirement would materially assist
                        in the investigation being carried out.

     90.         Obstruction of investigator
                 A person must not prevent or attempt to prevent an investigator
 5               from entering premises or otherwise obstruct or impede an
                 investigator in the exercise of his or her powers under
                 section 73.
                 Penalty:
                      (a) in the case of an individual, $5 000;
10                    (b) in any other case, $10 000.

     91.         Assistance to execute warrant
                 An occupational therapist, and any person --
                  (a) who engages or employs the occupational therapist to
                       practise occupational therapy;
15                (b) who is engaged or employed by the occupational
                       therapist in the occupational therapist's practice; or
                  (c) with whom the occupational therapist practises
                       occupational therapy in partnership,
                 at the premises named in the warrant is to provide all reasonable
20               assistance to an investigator executing the warrant issued under
                 section 75.
                 Penalty:
                      (a) in the case of an individual, $2 500;
                      (b) in any other case, $5 000.

25   92.         Surrender of certificate
           (1)   Where --
                  (a) a person's registration is cancelled and name removed
                       from the register; or



     page 58
                                                  Occupational Therapists Bill 2005
                                                          Offences           Part 6

                                                                                 s. 93



                  (b)    a person is suspended from the practice of occupational
                         therapy,
                 the person is, within 14 days after the day on which the person
                 is notified by the Board of the cancellation and removal of name
 5               or suspension, to surrender to the Board his or her certificate of
                 registration.
                 Penalty: $1 000.
           (2)   The Board may direct in writing that a person who is suspended
                 from the practice of occupational therapy under section 55 is not
10               obliged to comply with subsection (1) and, in that case, the
                 subsection does not apply to that person.
           (3)   It is a defence to a prosecution for an offence against
                 subsection (1) if the accused satisfies the court that the failure to
                 surrender the certificate was due to its loss or destruction.

15   93.         Incriminating information, questions, or documents
                 An individual is not excused from complying with a
                 requirement under section 73 on the ground that the answer to a
                 question or the production of a document or other thing might
                 incriminate the individual or render the individual liable to a
20               penalty, but neither --
                   (a) an answer given by the individual that was given to
                         comply with the requirement; nor
                   (b) the fact that a document or other thing produced by the
                         individual to comply with the requirement was
25                       produced,
                 is admissible in evidence in any civil or criminal proceedings
                 against the individual other than proceedings for an offence
                 against section 89(1)(b).

     94.         Legal professional privilege
30               Nothing in Part 5 or this Part prevents a person from refusing to
                 answer a question, provide information or produce a document


                                                                              page 59
Occupational Therapists Bill 2005
Part 6         Offences

s. 94



          or other thing because the answer or information would relate
          to, or the document or thing contains, information in respect of
          which the person claims legal professional privilege.




page 60
                                                  Occupational Therapists Bill 2005
                             Codes of practice, rules and regulations        Part 7

                                                                                  s. 95



           Part 7 -- Codes of practice, rules and regulations
     95.         Codes of practice
           (1)   The Board may, with the approval of the Minister, issue codes
                 of practice for the practice of occupational therapy and the
 5               conduct of occupational therapists.
           (2)   The code of practice may adopt the provisions of other
                 publications, whether with or without modification or addition
                 and whether in force at a particular time or from time to time.
           (3)   A breach of a code of practice does not of itself constitute a
10               disciplinary matter for the purposes of section 48 but in any
                 proceedings under Part 5 such a breach may be asserted and
                 may be taken into account in determining any question that
                 arises under that Part.
           (4)   Except as provided in subsection (3), no civil or criminal
15               liability attaches to a person by reason only that the person has
                 committed a breach of a code of practice.
           (5)   The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
                 the code of practice as if the code of practice were regulations.

     96.         Rules
20         (1)   The Board may make rules prescribing all matters required or
                 permitted by this Act to be prescribed by rules or necessary or
                 convenient to be prescribed for carrying out this Act.
           (2)   Without limiting subsection (1), rules may be made for all or
                 any of the following purposes --
25                 (a) prescribing the courses of study and training, including
                         practical experience, to be undertaken, and the
                         examinations to be passed, by persons desiring to be
                         registered under this Act, and determining the
                         qualifications to be held by persons wanting to study
30                       occupational therapy;


                                                                            page 61
     Occupational Therapists Bill 2005
     Part 7         Codes of practice, rules and regulations

     s. 97



                  (b)   regulating the holding of examinations and the
                        appointment of examiners and for the issue of diplomas
                        or certificates to persons passing the examinations;
                  (c)   regulating the practice of occupational therapy by
 5                      occupational therapists and the manner of carrying on
                        that practice;
                  (d)   prescribing what diplomas, degrees or certificates of
                        schools of occupational therapy or other evidence of
                        qualification will be recognised and accepted by the
10                      Board as a substitute for the examinations of the Board,
                        and whether immediately or after further training;
                  (e)   regulating the manner in which occupational therapists
                        may advertise or display or publicise their practice of
                        occupational therapy.
15         (3)   A rule made under subsection (1) has no effect unless and until
                 it is confirmed by the Governor.
           (4)   Nothing in subsection (3) affects the operation of the
                 Interpretation Act 1984 Part VI.
           (5)   The rules may provide that contravention of a rule is an offence,
20               and provide, for an offence against the rules, a penalty not
                 exceeding a fine of $5 000.

     97.         Regulations
           (1)   The Governor may make regulations --
                  (a) prescribing all matters that are required or permitted by
25                     the Act to be prescribed by regulation; and
                  (b) with respect to any matter on which the Board may
                       make rules.
           (2)   Without limiting subsection (1), regulations may be made for all
                 or any of the following purposes --
30                 (a) regulating the meetings and proceedings of, and the
                         conduct of business by, the Board or a committee;


     page 62
                                                  Occupational Therapists Bill 2005
                             Codes of practice, rules and regulations        Part 7

                                                                                 s. 98



                  (b)    making provisions relating to registration, including
                         applications for and the amendment or renewal of
                         registration;
                  (c)    maintaining the accuracy of the register;
 5                (d)    regulating the issue, display and use of certificates of
                         registration;
                  (e)    regulating the manner of making to the complaints
                         assessment committee any complaint against or
                         concerning a person who is, or was, registered and who
10                       may make such a complaint;
                   (f)   regulating the conduct of investigations under Part 5;
                  (g)    regulating the conduct of conciliation conferences under
                         section 77 and the appointment of persons to preside
                         over those conferences;
15                (h)    prescribing the fees to be paid for the purposes of this
                         Act and the persons liable for payment;
                   (i)   prescribing returns and notices that are to be given to the
                         Board, and the manner in which they are to be given;
                   (j)   providing that information supplied to the Board may be
20                       required to be verified by statutory declaration.
           (3)   Where a regulation is inconsistent with a rule the regulation
                 prevails to the extent of the inconsistency.
           (4)   The regulations may provide that contravention of a regulation
                 is an offence, and provide, for an offence against the
25               regulations, a penalty not exceeding a fine of $5 000.

     98.         Forms
                 Forms that are convenient for the purposes of this Act may
                 be --
                   (a) prescribed by the regulations or rules; or
30                 (b) approved.



                                                                            page 63
     Occupational Therapists Bill 2005
     Part 8         Miscellaneous

     s. 99



                              Part 8 -- Miscellaneous
     99.         Protection
           (1)   An action in tort does not lie against a person for anything that
                 the person has done, in good faith, in the performance or
 5               purported performance of a function under this Act.
           (2)   The Crown is also relieved of any liability that it might
                 otherwise have had for another person having done anything as
                 described in subsection (1).
           (3)   The protection given by this section applies even though the
10               thing done as described in subsection (1) may have been
                 capable of being done whether or not this Act had been enacted.
           (4)   In this section, a reference to the doing of anything includes a
                 reference to an omission to do anything.
           (5)   A person who, in relation to any investigation under Part 5 --
15                (a) performs any function under that Part; or
                  (b) is otherwise concerned in proceedings under that Part,
                 has, in respect of any such function or concern, the same
                 protection and immunity as a member or officer of the Supreme
                 Court, or a witness or party before the Supreme Court, would
20               have in respect of a function or concern of a like nature related
                 to the jurisdiction of the Supreme Court.

     100.        Notice of decision to be given
           (1)   Subsection (2) applies to the following decisions --
                  (a) any decision refusing an application to the Board for
25                      registration;
                  (b) any decision to impose, or vary, a condition under
                        section 27, 28, 29, 31 or 36(4), otherwise than by
                        consent;
                  (c) any decision under section 29(4); or


     page 64
                                             Occupational Therapists Bill 2005
                                                Miscellaneous           Part 8

                                                                          s. 101



              (d)   any decision to remove a name from the register under
                    section 41.
       (2)   If the Board makes a decision to which this subsection applies,
             it is to record the grounds on which the decision was based, and
 5           its reasons, and is as soon as is practicable, but in any case not
             later than 30 days after making the decision, to give written
             notice of the decision, together with those grounds and reasons,
             to the person to whom the decision relates.

     101.    Review
10           A person who is aggrieved by --
              (a) an order under section 55 or 60; or
              (b) a decision referred to in section 100(1),
             may apply to the State Administrative Tribunal for a review of
             the order or decision.

15   102.    Publication of proceedings etc.
       (1)   Subsection (2) applies to the following --
              (a) the Board, any member of the Board, the registrar or any
                    officer or delegate of the Board or registrar;
              (b) any committee or any member of a committee or person
20                  referred to in section 16(5);
              (c) any board or authority outside the State charged with
                    regulating the registration and supervision of
                    occupational therapists or any officer or agent of, or
                    person engaged or employed by, the board or authority;
25            (d) any journalist for, the proprietor or any person
                    concerned in the publication or operation of, any
                    newspaper or periodical or of any electronic medium.
       (2)   Without limiting the operation of section 99, no action, claim or
             demand lies against a person to whom this subsection applies in
30           respect of the communication or publication in good faith of any
             finding, reason or decision of the Board, the complaints

                                                                        page 65
     Occupational Therapists Bill 2005
     Part 8         Miscellaneous

     s. 103



               assessment committee, the impairment review committee or the
               State Administrative Tribunal.
        (3)    The Board may give notice of a finding, reason or decision of
               the Board, the complaints assessment committee, the
 5             impairment review committee or the State Administrative
               Tribunal in respect of a person to --
                 (a) any person referred to in subsection (1)(c) or (d);
                 (b) any body that has granted the person a qualification that
                      is entered in the register;
10               (c) any relevant professional association or trade union of
                      which the person is a member;
                 (d) any person who has engaged or employed the person to
                      practise occupational therapy or any person with whom
                      the person practises occupational therapy in partnership;
15                    and
                 (e) any other person who, in the opinion of the Board,
                      should be made aware of the finding, reason or decision,
               and may publish notice of the finding, reason or decision in the
               Gazette or in such other manner as the Board thinks fit.

20   103.      Legal proceedings
        (1)    Any proceedings for an offence against this Act may be taken in
               the name of the Board by the registrar or any other person
               authorised in that behalf by the Board.
        (2)    All proceedings for offences against this Act are to be heard by
25             a court of summary jurisdiction constituted by a magistrate.
        (3)    In any proceedings no proof is required of --
                 (a) the appointment of a member or deputy of a member of
                       the Board or a member of a committee; or
                 (b) the authorisation of a person under subsection (1),
30             but an averment in a prosecution notice that the person is so
               appointed or authorised is to be taken to be proved in the
               absence of evidence to the contrary.

     page 66
                                              Occupational Therapists Bill 2005
                                                 Miscellaneous           Part 8

                                                                          s. 104



       (4)   In all courts and before all persons and bodies authorised to
             receive evidence, in the absence of evidence to the contrary --
               (a) a certificate purporting to be issued on behalf of the
                      Board and stating that a person was or was not
 5                    registered by the Board, the conditions to which a
                      registration was subject, or that a person was suspended
                      from the practice of occupational therapy, on any day or
                      days or during a period mentioned in the certificate, is
                      evidence of the matters so stated;
10             (b) a copy of or extract from a register or any statement that
                      purports to reproduce matters entered in the register that
                      is certified by the registrar as a true copy, extract or
                      statement, is evidence of the facts appearing in that
                      copy, extract or statement; and
15             (c) judicial notice is to be taken of the fact that a person is
                      the holder of the office of registrar and of the signature
                      of the registrar on a certificate purporting to be issued
                      under paragraph (b).
       (5)   A notice or appointment purporting to be signed by the
20           chairperson or a person referred to in section 50(5)(b)
             or 51(4)(b) is to be presumed to be duly signed until the
             contrary is shown.

     104.    Liability of certain officers of body corporate: offences
       (1)   If a body corporate is charged with an offence under this Act,
25           every person who was an officer of the body corporate at the
             time of the alleged offence may also be charged with the
             offence.
       (2)   If a body corporate and an officer are charged as permitted by
             subsection (1) and the body corporate is convicted of the
30           offence, the officer is to be taken to have also committed the
             offence, subject to subsection (5).
       (3)   If a body corporate commits an offence under this Act, then,
             although the body corporate is not charged with the offence,


                                                                         page 67
     Occupational Therapists Bill 2005
     Part 8         Miscellaneous

     s. 105



               every person who was an officer of the body corporate at the
               time the offence was committed may be charged with the
               offence.
        (4)    If an officer is charged as permitted by subsection (3) and it is
 5             proved that the body corporate committed the offence, the
               officer is to be taken to have also committed the offence, subject
               to subsection (5).
        (5)    If under this section an officer is charged with an offence it is a
               defence to prove --
10               (a) that the offence was committed without the officer's
                       consent or connivance; and
                 (b) that the officer took all the measures to prevent the
                       commission of the offence that he or she could
                       reasonably be expected to have taken having regard to
15                     the officer's functions and to all the circumstances.

     105.      Review of Act
        (1)    The Minister is to carry out a review of the operation and
               effectiveness of this Act as soon as is practicable after the
               expiration of 5 years from its commencement, and in the course
20             of that review the Minister is to consider and have regard to --
                 (a) the effectiveness of the operations of the Board;
                 (b) the need for the continuation of the functions of the
                        Board; and
                 (c) any other matters that appear to the Minister to be
25                      relevant to the operation and effectiveness of this Act.
        (2)    The Minister is to prepare a report based on the review made
               under subsection (1) and as soon as is practicable after the
               preparation of the report, cause it to be laid before each House
               of Parliament.

30   106.      Occupational Therapists Registration Act 1980 repealed
               The Occupational Therapists Registration Act 1980 is repealed.


     page 68
                                           Occupational Therapists Bill 2005
                                              Miscellaneous           Part 8

                                                                       s. 107



    107.   Occupational Therapists Rules 1981 repealed
           The Occupational Therapists Rules 1981 are repealed.

    108.   Transitional and savings provisions
           Schedule 2 sets out transitional and savings provisions.

5   109.   Consequential amendments
           Schedule 3 sets out consequential amendments.




                                                                      page 69
     Occupational Therapists Bill 2005
     Schedule 1     Constitution and proceedings of the Board
     Division 1     General provisions
     cl. 1



      Schedule 1 -- Constitution and proceedings of the Board
                                                                                   [s. 8]

                           Division 1 -- General provisions
     1.         Term of office
 5        (1)   Subject to clause 4, a member of the Board holds office for such term,
                not exceeding 3 years, as is specified in the member's instrument of
                appointment.
          (2)   Subject to subclause (3), a member of the Board is not to hold office
                for more than 9 years, consecutively or otherwise.
10        (3)   If in the opinion of the Minister there are special reasons for doing so,
                a person may be appointed so that he or she holds office for more than
                9 years, consecutively or otherwise.

     2.         Functions of deputy presiding member
          (1)   The deputy presiding member is to perform the functions of the
15              presiding member when the presiding member is unable to do so by
                reason of illness, absence or other cause, or when the office of
                presiding member is vacant.
          (2)   No act or omission of the deputy presiding member acting as
                presiding member is to be questioned on the ground that the occasion
20              for his or her so acting had not arisen or had ceased.

     3.         Deputy members
          (1)   The Minister may appoint an eligible person to be a deputy of a
                member and may terminate such an appointment at any time.
          (2)   The provisions of section 6 that apply to and in relation to the
25              appointment of a member apply, with any necessary modification, to
                and in relation to the appointment of the deputy of that member.
          (3)   A deputy of a member may perform the functions of the member
                when the member is unable to do so by reason of illness, absence or
                other cause.




     page 70
                                                 Occupational Therapists Bill 2005
                           Constitution and proceedings of the Board  Schedule 1
                                                  General provisions   Division 1
                                                                              cl. 4



          (4)   Despite anything in this Act, a deputy of a member may continue to
                act as a member, after the occasion for so acting has ceased, for the
                purpose of completing any function.
          (5)   A deputy of a member, while acting as a member, has all the
 5              functions of and all the protection given to a member.
          (6)   No act or omission of a person acting in place of another under this
                clause is to be questioned on the ground that the occasion for so
                acting had not arisen or had ceased.

     4.         Vacation of office by member
10        (1)   A member of the Board may resign from office by notice in writing
                given to the Minister.
          (2)   A member who resigns under subclause (1) is to give a copy of the
                notice of resignation to the registrar.
          (3)   A member of the Board may be removed from office by the
15              Minister --
                  (a)   for mental or physical disability, incompetence, neglect of
                        duty or misconduct that impairs the performance of the
                        member's duties;
                  (b)   if the member is an insolvent under administration, as that
20                      term is defined in the Corporations Act section 9;
                  (c)   if the member is absent without leave of the Board from
                        3 consecutive meetings of the Board of which the member
                        has had notice; or
                  (d)   for any other act or omission that in the opinion of the
25                      Minister may cause prejudice or injury to the Board.
          (4)   A member of the Board must be removed from office by the Minister
                if the member ceases to hold a position or qualification by virtue of
                which the member was appointed or if, in the case of a member who
                is an occupational therapist, the registration of the member under this
30              Act is suspended.

     5.         General procedure concerning meetings
          (1)   The presiding member is to preside at all meetings of the Board at
                which he or she is present.


                                                                               page 71
     Occupational Therapists Bill 2005
     Schedule 1     Constitution and proceedings of the Board
     Division 1     General provisions
     cl. 6



          (2)   If both the presiding member and deputy presiding member are absent
                from a meeting the members present are to appoint one of their
                number to preside.
          (3)   A quorum for a meeting of the Board is 4 members.
 5        (4)   The procedure for convening meetings of the Board and the conduct
                of business at those meetings is, subject to this Act, to be as
                determined by the Board.

     6.         Voting
          (1)   A decision of the majority of members at a meeting of the Board at
10              which a quorum is present is the decision of the Board.
          (2)   If the votes of members present at a meeting and voting are equally
                divided the member presiding at the meeting is to have a casting vote
                in addition to a deliberative vote.

     7.         Holding meetings remotely
15              The presence of a person at a meeting of the Board need not be by
                attendance in person but may be by that person and each other person
                at the meeting being simultaneously in contact by telephone, or other
                means of instantaneous communication.

     8.         Resolution without meeting
20              A resolution in writing signed by each member of the Board or
                assented to by each member by letter, facsimile transmission,
                electronic mail or other written means has effect as if it had been
                passed at a meeting of the Board.

     9.         Minutes
25              The Board is to ensure that an accurate record is kept and preserved of
                the proceedings at each meeting of the Board and of each resolution
                passed by the Board.




     page 72
                                                  Occupational Therapists Bill 2005
                            Constitution and proceedings of the Board   Schedule 1
                                           Disclosure of interests etc.  Division 2
                                                                              cl. 10



                         Division 2 -- Disclosure of interests etc.

     10.         Meaning of "member"
                 In this Division --
                 "member" means a member of the Board or a member of a
 5                     committee, as the case may be.

     11.         Disclosure of interests
           (1)   A member who has a material personal interest in a matter being
                 considered or about to be considered by the Board or a committee
                 must, as soon as possible after the relevant facts have come to the
10               member's knowledge, disclose the nature of the interest at a meeting
                 of the Board or the committee.
                 Penalty: $10 000.
           (2)   A disclosure under subclause (1) is to be recorded in the minutes of
                 the meeting.

15   12.         Exclusion of interested member
           (1)   A member who has a material personal interest in a matter that is
                 being considered by the Board or a committee --
                   (a)    must not vote, whether at a meeting or otherwise, on the
                          matter; and
20                 (b)    must not be present while the matter is being considered at a
                          meeting.
           (2)   In subclause (1)(a) or (b) a reference to a matter also refers to a
                 proposed resolution under clause 13 in respect of the matter, whether
                 relating to that member or a different member.

25   13.         Board or committee may resolve that clause 12 inapplicable
                 Clause 12 does not apply if the Board or a committee has at any time
                 passed a resolution that --
                   (a)    specifies the member, the interest, and the matter; and
                   (b)    states that the members voting for the resolution are satisfied
30                        that the interest should not disqualify the member from
                          considering or voting on the matter.


                                                                                 page 73
     Occupational Therapists Bill 2005
     Schedule 1     Constitution and proceedings of the Board
     Division 2     Disclosure of interests etc.
     cl. 14



     14.         Quorum where clause 12 applies
           (1)   Despite clause 5(3), when the Board is dealing with a matter in
                 relation to which a member of the Board is disqualified under
                 clause 12, 3 members who are entitled to vote on any motion that may
 5               be moved in relation to the matter constitute a quorum.
           (2)   The Minister may deal with a matter to the extent that the Board
                 cannot deal with it because of subclause (1).

     15.         Minister may declare clauses 12 and 14 inapplicable
           (1)   The Minister may by writing declare that clause 12 or 14 does not
10               apply in relation to a specified matter, either generally or for the
                 purpose of dealing with particular proposed resolutions.
           (2)   The Minister is to, within 14 sitting days after a declaration under
                 subclause (1) is made, cause a copy of the declaration to be laid
                 before each House of Parliament.




     page 74
                                                 Occupational Therapists Bill 2005
                                             Transitional and savings Schedule 2

                                                                                   cl. 1



                    Schedule 2 -- Transitional and savings
                                                                                 [s. 108]

     1.         Terms used in this Schedule
                In this Schedule --
 5              "commencement day" means the day on which this Act comes into
                      operation;
                "liability" means any liability, duty or obligation whether actual,
                      contingent or prospective, liquidated or unliquidated, or whether
                      owed alone or jointly or jointly and severally with any other
10                    person;
                "right" means any right, power, privilege or immunity whether
                     actual, contingent or prospective;
                "the former Board" means the Occupational Therapists Registration
                     Board of Western Australia established under the repealed Act;
15              "the new Board" means the Occupational Therapists Registration
                     Board of Western Australia established under this Act;
                "the repealed Act" means the Occupational Therapists Registration
                     Act 1980.

     2.         Interpretation Act 1984 not affected
20              The provisions of this Schedule do not prejudice or affect the
                application of the Interpretation Act 1984 to and in relation to the
                repeals effected by sections 106 and 107.

     3.         The Occupational Therapists Registration Board continues
          (1)   The new Board is a continuation of, and the same legal entity as, the
25              former Board and the rights and liabilities of the entity are not
                affected.
          (2)   If in a written law or other document or instrument there is a reference
                to the former Board, that reference may, where the context so
                requires, be read as if it had been amended to be a reference to the
30              new Board.




                                                                                page 75
     Occupational Therapists Bill 2005
     Schedule 2     Transitional and savings

     cl. 4



     4.         Board members
          (1)   A member of the former Board ceases to be a member on the
                commencement day.
          (2)   Four of the members of the new Board as first constituted under this
 5              Act are to hold office for such term, not exceeding 18 months, as is
                specified in the member's instrument of appointment.

     5.         The registrar and other staff
          (1)   The registrar of the former Board who held office immediately before
                the commencement day continues in office, under and subject to this
10              Act, as the registrar of the new Board.
          (2)   The other officers of the former Board who held office immediately
                before the commencement day continue in office, under and subject to
                this Act, as officers of the new Board.
          (3)   A person mentioned in subclause (1) or (2) is to be regarded as having
15              been engaged or employed, as is relevant, under this Act.
          (4)   Except as otherwise agreed by a person mentioned in subclause (1)
                or (2), the remuneration, existing or accrued rights, rights under a
                superannuation scheme or continuity of service of the person are not
                affected, prejudiced or interrupted by the operation of subclause (1)
20              or (2) or the repeal of the Occupational Therapists Registration
                Act 1980.
          (5)   The rights under a superannuation scheme of a person who was a
                registrar or officer of the former Board are not affected, prejudiced or
                interrupted by the repeal of the Occupational Therapists Registration
25              Act 1980.

     6.         Persons registered under the repealed Act
          (1)   Subject to subclause (2), a natural person who immediately before the
                commencement day was registered under the repealed Act is, on the
                commencement day, to be taken to be registered under this Act for the
30              period that, and subject to the same conditions as, applied to that
                person's registration under the repealed Act.
          (2)   A person who immediately before the commencement day was
                registered under section 24 of the repealed Act is, on the


     page 76
                                                   Occupational Therapists Bill 2005
                                               Transitional and savings Schedule 2

                                                                                      cl. 7



                 commencement day, to be taken to be registered under and subject to
                 section 29 and subject to such limitations and restrictions upon the
                 practice of occupational therapy as the Board specified for --
                   (a)   the period specified in the certificate of temporary
 5                       registration; or
                   (b)   the period for which the temporary registration was renewed.
           (3)   If under subclause (1) or (2) a person is to be taken to be registered
                 under this Act, the new Board may within 6 months of the
                 commencement day, by notice in writing to the person, impose the
10               conditions referred to in section 31(2) on the person's registration
                 under this Act.

     7.          Register
                 The register of occupational therapists kept under the repealed Act
                 section 13 immediately before the commencement day is to be taken
15               to be the register required to be kept under section 37.

     8.          Certificates of registration issued under the repealed Act
                 A certificate of registration in force under the repealed Act
                 immediately before the commencement day is, subject to this Act, to
                 be taken to be a certificate of registration for the purposes of this Act.

20   9.          Restoration of certain names to the register
                 If a person's name has been struck off the register under the repealed
                 Act section 28(1), section 36 applies to that person as if the person
                 were a disqualified person as defined in section 36(1).

     10.         Suspensions
25         (1)   If immediately before the commencement day a person was
                 suspended under the repealed Act section 28(2)(a), section 81 applies
                 to the suspension as if the person had been suspended under
                 section 79(1)(j).
           (2)   If immediately before the commencement day a person was
30               suspended under the repealed Act section 28A(1) that person is to be
                 regarded as not being registered until the payment is made or for such
                 period or upon such event occurring as the State Administrative
                 Tribunal ordered.

                                                                                   page 77
     Occupational Therapists Bill 2005
     Schedule 2     Transitional and savings

     cl. 11



     11.         Undertakings under the repealed Act
           (1)   If a person has given an undertaking under a provision of the repealed
                 Act that undertaking is not affected by the repeal of that Act.
           (2)   If the new Board is satisfied that the person has breached the
 5               undertaking before, on or after the commencement day, the Board
                 may deal with the person as if the person had failed to comply with an
                 undertaking given under a provision of this Act.

     12.         Complaints being dealt with by the former Board
                 If immediately before the commencement day the former Board was
10               dealing with a complaint against an occupational therapist but had not
                 made an allegation to the State Administrative Tribunal under the
                 repealed Act section 28(1), the complaints assessment committee is to
                 deal with the complaint as if the complaint had been lodged under
                 section 52.

15   13.         Investigations
                 If immediately before the commencement day an investigator was
                 investigating a complaint under the repealed Act Part IVA, the
                 investigator is to continue investigating the matter as if he or she had
                 been appointed under Part 5 Division 7 of this Act and the appointing
20               body were the complaints assessment committee.

     14.         Disciplinary proceedings
                 If an allegation under the repealed Act section 28(1) has been made to
                 the State Administrative Tribunal before the commencement day but
                 not finally determined before that day, the allegation is to be dealt
25               with and determined under this Act section 79 as if an allegation had
                 been made to the Tribunal under this Act.

     15.         Failure to comply with an order made under the repealed Act
                 If immediately before the commencement day an order made by the
                 former Board was in effect in relation to a person under the repealed
30               Act, that order is not affected by the repeal of that Act and failure to
                 comply with it before, on or after the commencement day may be
                 dealt with under section 87 as if the order were an order made under
                 section 55 or 60, as the case requires.


     page 78
                                                   Occupational Therapists Bill 2005
                                               Transitional and savings Schedule 2

                                                                                    cl. 16



     16.         Annual report for part of a year
           (1)   The former Board is to make and submit an annual report as required
                 by the repealed Act section 27A, but limited to the period from
                 31 December preceding the commencement day to the
 5               commencement day, and that section applies as if that period were a
                 year.
           (2)   Despite the repeal of the repealed Act and this Schedule, the former
                 Board remains in existence for the purpose of subclause (1) and is
                 entitled to receive from the new Board and its staff such assistance as
10               it may require for the purpose.

     17.         Powers in relation to transitional provision
           (1)   If there is no sufficient provision in this Schedule for dealing with a
                 transitional matter the Governor may make regulations prescribing all
                 matters that are required, necessary or convenient to be prescribed in
15               relation to that matter.
           (2)   Regulations made under subclause (1) may provide that specific
                 provisions of this Act --
                   (a)   do not apply; or
                   (b)   apply with specific modifications,
20               to or in relation to any matter.
           (3)   Regulations made under subclause (1) must be made within
                 12 months after the commencement day.
           (4)   If regulations made under subclause (1) provide that a specified state
                 of affairs is to be taken to have existed, or not to have existed, on and
25               from a day that is earlier than the day on which the regulations are
                 published in the Gazette but not earlier than the commencement day,
                 the regulations have effect according to their terms.
           (5)   In subclause (4) --
                 "specified" means specified or described in the regulations.




                                                                                  page 79
    Occupational Therapists Bill 2005
    Schedule 2     Transitional and savings

    cl. 17



        (6)   If regulations contain a provision referred to in subclause (4), the
              provision does not operate so as --
                (a)   to affect in a manner prejudicial to any person (other than the
                      State), the right of that person existing before the day of
5                     publication of those regulations; or
                (b)   to impose liabilities on any person (other than the State or an
                      authority of the State) in respect of anything done or omitted
                      to be done before the day of publication of those regulations.




    page 80
                                               Occupational Therapists Bill 2005
                                         Consequential amendments   Schedule 3

                                                                                  cl. 1



                    Schedule 3 -- Consequential amendments
                                                                                [s. 109]

     1.         Civil Liability Act 2002 amended
          (1)   The amendments in this clause are to the Civil Liability Act 2002*.
 5              [* Act No. 35 of 2002.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 65.]
          (2)   Section 5PA is amended in paragraph (f) of the definition of "health
                professional" by deleting "Occupational Therapists Registration
10              Act 1980" and inserting instead --
                "    Occupational Therapists Act 2005 ".
     2.         Constitution Acts Amendment Act 1899 amended
          (1)   The amendments in this clause are to the Constitution Acts
                Amendment Act 1899*.
15              [* Reprint 13 as at 18 March 2005.
                   For subsequent amendments see Acts Nos. 59 and 70 of 2004
                   and 1 and 2 of 2005.]
          (2)   Schedule V Part 3 is amended by deleting the item commencing "The
                Occupational Therapists Registration Board of Western Australia"
20              and inserting instead --
                "
                    The Occupational Therapists Registration Board of Western
                           Australia established under the Occupational Therapists
                           Act 2005.
25                                                                                     ".

     3.         Health Professionals (Special Events Exemption) Act 2000
                amended
          (1)   The amendments in this clause are to the Health Professionals
                (Special Events Exemption) Act 2000*.
30              [* Act No. 7 of 2000.]


                                                                              page 81
     Occupational Therapists Bill 2005
     Schedule 3     Consequential amendments

     cl. 4



          (2)   Section 3(1) is amended in the definition of "Health Registration Act"
                by deleting "Occupational Therapists Registration Act 1980;" and
                inserting instead --
                "   Occupational Therapists Act 2005; ".

 5   4.         Health Services (Conciliation and Review) Act 1995 amended
          (1)   The amendments in this clause are to the Health Services
                (Conciliation and Review) Act 1995*.
                [* Reprint 2 as at 18 March 2005.]
          (2)   Schedule 1 item 5 is deleted and the following item is inserted
10              instead --
                "
                     5.     Occupational Therapists Registration Board of Western
                            Australia established under the Occupational Therapists
                            Act 2005.
                                                                                      ".

     5.         Mental Health Act 1996 amended
          (1)   The amendments in this clause are to the Mental Health Act 1996*.
15              [* Reprint 1 as at 6 August 2004.
                   For subsequent amendments see Western Australian Legislation
                   Information Tables for 2004, Table 1, p. 279.]
          (2)   Section 19(1)(b)(ii) is amended by deleting "Occupational Therapists
                Registration Act 1980" and inserting instead --
20              "   Occupational Therapists Act 2005 ".

     6.         State Administrative Tribunal Act 2004 amended
          (1)   The amendments in this clause are to the State Administrative
                Tribunal Act 2004*.
                [* Act No. 54 of 2004.
25                 For subsequent amendments see Western Australian Legislation
                   Information Tables for 2004, Table 1, p. 427.]



     page 82
                                   Occupational Therapists Bill 2005
                             Consequential amendments   Schedule 3

                                                                     cl. 6



(2)   Schedule 1 is amended by deleting "Occupational Therapists
      Registration Act 1980" and inserting instead --
      "   Occupational Therapists Act 2005   ".




                                                                   page 83
Occupational Therapists Bill 2005



Defined Terms



                                           Defined Terms
           [This is a list of terms defined and the provisions where they are defined.
                                  The list is not part of the law.]
     Defined Term                                                                                          Provision(s)
     application ....................................................................................................... 3
     appointing body.............................................................................................. 69
     approved .......................................................................................................... 3
     Board............................................................................................................... 3
     certificate of registration................................................................................... 3
     commencement day..........................................................................Sch. 2, cl. 1
     committee ........................................................................................................ 3
     complainant...................................................................................................... 3
     complaint ......................................................................................................... 3
     complaints assessment committee..................................................................... 3
     condition .......................................................................................................... 3
     Corporations Act .............................................................................................. 3
     Director............................................................................................................ 3
     disciplinary matter............................................................................................ 3
     disqualified person .....................................................................................35(1)
     document ......................................................................................................... 3
     impairment....................................................................................................... 3
     impairment matter ............................................................................................ 3
     impairment review committee........................................................................... 3
     information ................................................................................................14(1)
     insolvent ....................................................................................................44(1)
     investigator ...................................................................................................... 3
     legal practitioner............................................................................................... 3
     liability ............................................................................................Sch. 2, cl. 1
     medical practitioner.......................................................................................... 3
     member.......................................................................................... Sch. 1, cl. 10
     member of the Board........................................................................................ 3
     occupational therapist....................................................................................... 3
     officer .............................................................................................................. 3
     presiding member............................................................................................. 3
     professional indemnity insurance ................................................................30(1)
     register............................................................................................................. 3
     registered ......................................................................................................... 3
     registrar............................................................................................................ 3
     registration ....................................................................................................... 3
     respondent........................................................................................................ 3
     right .................................................................................................Sch. 2, cl. 1
     specified.....................................................................................Sch. 2, cl. 17(5)
     student .......................................................................................................84(1)


page 84
                                                      Occupational Therapists Bill 2005



                                                                                    Defined Terms



the former Board ..............................................................................Sch. 2, cl. 1
the new Board ..................................................................................Sch. 2, cl. 1
the repealed Act ...............................................................................Sch. 2, cl. 1




 


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