Queensland Consolidated Acts

OPTOMETRISTS REGISTRATION ACT 2001

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Operation of Act

   3.      Act binds all persons
   4.      The legislative scheme
   5.      Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999
   6.      Mutual recognition legislation not affected

           Division 3--Objects

   7.      Objects of Act

           Division 4--Interpretation

   8.      Definitions

           Part 2--Optometrists Board of Queensland

           Division 1--Establishment and functions

   9.      Establishment of board
   10.     Board's relationship with the State
   11.     Functions of board
   12.     Board's independence etc.
   13.     Powers of board
   14.     Delegation by board

           Division 2--Membership

   15.     Membership of board
   16.     Registrant members
   17.     Public members
   18.     Certain nominee board members
   19.     Chairperson and deputy chairperson of board
   20.     Term of appointment
   21.     Disqualification from membership
   22.     Vacation of office
   23.     When notice of resignation takes effect
   24.     Leave of absence for a member
   25.     Effect of vacancy in membership of board
   26.     Remuneration of members

           Division 3--Board business

   27.     Conduct of business
   28.     Times and places of meetings
   29.     Quorum
   30.     Presiding at meetings
   31.     Conduct of meetings
   32.     Minutes

           Division 4--Board committees

   33.     Committees
   34.     Remuneration of committee members

           Division 5--Disclosure of interests by board members and committee members

   35.     Disclosure of interests

           Division 6--Directions by Minister

   36.     Minister's power to give directions in the public interest

           Division 7--Annual reports

   37.     Matters to be included in annual report

           Division 8--Other provisions about the board

   38.     Board is statutory body under the Financial Accountability Act 2009
   39.     Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982
   40.     Board's common seal

           Part 3--Registration

           Division 1--Preliminary

   41.     Who may apply for registration

           Division 2--Applications for general registration
           Subdivision 1--Applications

   42.     Procedural requirements for applications
           Subdivision 2--Eligibility for general registration
   43.     Eligibility
   44.     When applicant is qualified for general registration
   45.     Fitness to practise the profession
           Subdivision 3--Inquiries into applications
   46.     Board's powers before deciding applications
   47.     Appointment of appropriately qualified person to conduct health assessment
   48.     Report about health assessment
   49.     Use of assessment report
   50.     Payment for health assessments and reports
           Subdivision 4--Decision on applications
   51.     Decision
   52.     Steps to be taken after application decided
   53.     Failure to decide applications
   54.     Further consideration of applications
           Subdivision 5--Information in certificates of general registration
   55.     Forms of certificates of general registration
           Subdivision 6--Period of general registration
   56.     Period
           Subdivision 7--Conditions of general registration
   57.     Imposition of conditions by board
   58.     Contravention of conditions

           Division 3--Provisional general registration

   59.     Meaning of authorised person for div 3
   60.     Provisional general registration of a person
   61.     Confirmation or cancellation of provisional general registration
   62.     Procedure after cancellation of provisional general registration
   63.     Form of certificate of provisional general registration
   64.     Period
   65.     Board decides to register provisional general registrant as a general registrant
   66.     Board decides to refuse to register provisional general registrant as a general registrant
   67.     Deemed refusal by board to register provisional general registrant as a general registrant

           Division 4--Renewal of general registrations
           Subdivision 1--Preliminary

   67A.    Non-application of div 4 to short-term registration
   68.     Meaning of recency of practice requirements
           Subdivision 2--Applications for renewal of general registrations
   69.     Notification of imminent expiry of registration
   70.     Procedural requirements for applications
   71.     General registration taken to be in force while application is considered
           Subdivision 3--Decision on applications
   72.     Inquiries into applications
   73.     Decision
   74.     Recency of practice requirements are not satisfied
   75.     Steps to be taken after application decided

           Division 5--Restoration of general registrations

   75A.    Non-application of div 5 to short-term registration
   76.     Application of div 4, sdivs 1 and 3
   77.     When an application for restoration of a general registration may be made
   78.     Procedural requirements for applications
   79.     Period of restored registration
   80.     Conditions of expired registration
   81.     When recency of practice conditions take effect

           Division 6--Cancellation of general registrations

   82.     Grounds for cancellation
   83.     Show cause notice
   84.     Representations about show cause notices
   85.     Ending show cause process without further action
   86.     Cancellation
   87.     Return of cancelled certificate of general registration to board

           Division 7--Reviewing conditions of general registrations
           Subdivision 1--Review of conditions imposed by the board or QCAT

   88.     Review of conditions
   89.     How registrant may start a review
   90.     Review of conditions during review period
   91.     Board's powers before making decision
   92.     Application of ss 47-50
   93.     Deemed withdrawal of application etc.
   94.     Decision
   95.     When decision takes effect
   96.     Failure by board to make decision on application
   97.     Failure by board to make decision on review agreed to under s 90
   98.     Further decision required if certain conditions changed
           Subdivision 2--Recording change, or removal, of conditions
   99.     Amending, replacing, or issuing new, certificate of general registration

           Division 8--Special purpose registrations
           Subdivision 1--Applications for special purpose registration

   100.    Undertaking of special activities relating to the profession
   101.    Application of divs 2 and 3
   102.    Eligibility
   103.    Qualifications for special purpose registration
   104.    Suitability to be a special purpose registrant
   105.    Period of special purpose registration
   106.    Imposition of conditions by board
   107.    Contravention of conditions
           Subdivision 2--Renewal of special purpose registrations
   107A.   Non-application of sdiv 2 to short-term registration
   108.    Application of div 4, sdivs 2 and 3
   109.    Matters that may be considered in deciding whether to renew special purpose registrations
   110.    Imposition of conditions by board
   111.    Period of renewed special purpose registration
           Subdivision 3--Cancellation of special purpose registrations
   112.    Application of div 6
   113.    Grounds for cancellation
           Subdivision 4--Removal of conditions
   114.    Removal

           Division 9--General provisions about registrations

   115.    Person is taken to be registered under this part
   116.    Surrender of registrations
   117.    Replacement of certificates of registration
   118.    Certified copy of certificates of registration
   119.    Notification of change in circumstances
   120.    Notification of certain events to interstate regulatory authorities and other entities
   120AA.  Short-term registration

           Part 4--Obligations of registrants and other persons

           Division 1A--Restricted core practice

   120A.   Restriction

           Division 1--Restricted titles and holding out

   121.    Taking of restricted titles etc.
   122.    Claims by persons as to registration
   123.    Claims by persons as to other persons' registration
   124.    Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants
   125.    Restrictions on registrants registered on conditions

           Division 3--Advertising

   128.    Obligations of advertisers
   129.    Information to appear in advertisements

           Division 4--Registrants' autonomy

   130.    Aiding, abetting etc. conduct that is a ground for disciplinary action

           Division 5--Court orders and injunctions

   131.    Persons may be prohibited from supplying health services etc.
   132.    Injunctions

           Division 6--Reprisals

   133.    Reprisal and grounds for reprisals
   134.    Offence for taking reprisal
   135.    Damages entitlement for reprisal

           Division 7--Other provisions

   136.    Payment, or acceptance of payment, for referrals prohibited

           Part 5--Investigation and enforcement

           Division 1--Inspectors

   137.    Functions of inspectors
   138.    Powers of inspectors
   139.    Limitation on powers of inspectors

           Division 2--Appointment of inspectors and other matters

   140.    Appointments
   141.    Appointment conditions
   142.    Identity cards
   143.    Failure to return identity card
   144.    Production or display of inspector's identity card

           Division 3--Powers of inspectors
           Subdivision 1--Entry of places

   145.    Power to enter places
           Subdivision 2--Procedure for entry
   146.    Entry with consent
   147.    Application for warrant
   148.    Issue of warrant
   149.    Special warrants
   150.    Warrants—procedure before entry
           Subdivision 3--Powers after entry
   151.    General powers after entering places
   152.    Failure to help inspector
   153.    Failure to give information
           Subdivision 4--Power to seize evidence
   154.    Seizing evidence at a place that may be entered without consent or warrant
   155.    Seizing evidence at a place that may only be entered with consent or warrant
   156.    Securing seized things
   157.    Tampering with seized things
   158.    Powers to support seizure
   159.    Receipts for seized things
   160.    Forfeiture of seized things
   161.    Forfeiture on conviction
   162.    Dealing with forfeited things etc.
   163.    Return of seized things
   164.    Access to seized things
           Subdivision 5--Power to obtain information
   165.    Power to require name and address
   166.    Failure to give name or address
   167.    Power to require production of documents
   168.    Failure to produce document
   169.    Power to require information

           Division 4--General enforcement matters

   170.    Notice of damage
   171.    Compensation
   172.    False or misleading information
   173.    False or misleading documents
   174.    Obstructing inspectors
   175.    Impersonation of inspectors

           Part 6--Reviews by QCAT

   176.    Who may apply for a review
   177.    Particular matters relating to powers of QCAT

           Part 7--Legal proceedings

           Division 1--Evidence

   181.    Application of division
   182.    Appointments and authority
   183.    Signatures
   184.    Evidentiary provisions

           Division 2--Proceedings

   185.    Indictable and summary offences
   186.    Proceedings for indictable offences
   187.    Limitation on who may summarily hear indictable offence
   188.    Limitation on time for starting summary proceedings
   189.    Allegations of false or misleading information or documents
   190.    Penalties to be paid to board
   191.    Responsibility for acts or omissions of representatives
   192.    Executive officers must ensure corporation complies with Act

           Part 8--Register, records and information

           Division 1--Register

   193.    Register to be kept
   194.    Inspection of register

           Division 2--Records to be kept

   195.    Records

           Division 3--Information

   196.    Confidentiality of information
   197.    Board's annual report must disclose authorisation

           Part 9--Miscellaneous

           Division 1--Abandoned, and other, health records

   198.    Definitions for div 1
   199.    Board may take possession of abandoned health records
   200.    Health records forming part of deceased estate
   201.    Health records of persons convicted of an offence against s 120A, 121(1) or (6) or 122
   202.    Dealing with certain health records seized under s 154 or 155
   203.    How board may deal with health records
   204.    Destruction of health records

           Division 2--Continuing professional education of registrants

   205.    Continuing professional education programs

           Division 3--Other provisions

   206.    Protecting officials from liability
   207.    False or misleading information or documents
   208.    Certificates etc. not to be false or misleading
   209.    Application of provisions
   210.    Approval of forms
   211.    Examination fees
   212.    Regulation-making power

           Part 10--Repeal and transitional provisions

           Division 1--Repeal

   213.    Repeal of Optometrists Act 1974

           Division 2--Transitional provisions for Act No. 10 of 2001

   214.    Definitions for div 2
   215.    References to repealed Act or former board
   216.    Board is the legal successor
   217.    Assets and liabilities etc.
   218.    Service agreements
   219.    Proceedings
   220.    Dealing with matter under Health Practitioners (Professional Standards) Act 1999
   221.    Offences
   222.    Membership of board
   223.    Chairperson and deputy chairperson of board
   224.    Appeals
   225.    Existing registrations
   226.    Existing applications for registration
   227.    Existing applications for restoration of registration
   228.    Suspended registrations
   231.    Records
   232.    Certain Act has not been repealed

           Division 3--Transitional provision for Health Legislation Amendment Act 2005

   233.    Sections 131 and 201 not to apply to certain convictions for offences against s 120A
           SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
           SCHEDULE 4 DICTIONARY
           Endnotes