Queensland Consolidated Acts

PSYCHOLOGISTS 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--Psychologists 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 probationary conditions
   58.     Relevant practical experience in the profession
   59.     Imposition of other conditions by board
   60.     Contravention of conditions
           Subdivision 8--Provisions relating to probationary registrants
   61.     Supervised practice program
   62.     Certain registrants must have supervised practice plan
   63.     Board may require probationary registrant to produce plan
   64.     Person ceasing to be supervisor must give report to board or nominated person

           Division 3--Provisional general registration

   65.     Meaning of authorised person for div 3
   66.     Provisional general registration of person on probationary conditions
   67.     Confirmation or cancellation of provisional general registration
   68.     Procedure after cancellation of provisional general registration
   69.     Form of certificate of provisional general registration
   70.     Period
   71.     Board decides to register provisional general registrant as a general registrant
   72.     Board decides to refuse to register provisional general registrant as a general registrant
   73.     Deemed refusal by board to register provisional general registrant as a general registrant

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

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

           Division 5--Restoration of general registrations

   81A.    Non-application of div 5 to short-term registration
   82.     Application of div 4, sdivs 1 and 3
   83.     When an application for restoration of a general registration may be made
   84.     Procedural requirements for applications
   85.     Period of restored registration
   86.     Conditions of expired registration
   87.     When recency of practice conditions take effect

           Division 6--Cancellation of general registrations

   88.     Grounds for cancellation
   89.     Show cause notice
   90.     Representations about show cause notices
   91.     Ending show cause process without further action
   92.     Cancellation
   93.     Return of cancelled certificate of general registration to board

           Division 7--Reviewing probationary conditions on general registrations

   94.     Review of probationary conditions
   95.     Registrant to give notice about completion of program to board
   96.     Board to give notice to supervisor
   97.     Board's powers before making decision
   98.     Decision
   99.     When decision takes effect
   100.    Failure by board to make decision on application
   101.    When additional conditions end
   102.    Amending, replacing, or issuing new, certificate of general registration

           Division 8--Reviewing conditions of general registrations
           Subdivision 1--Review of conditions imposed by the board or QCAT

   103.    Review of conditions
   104.    How registrant may start a review
   105.    Review of conditions during review period
   106.    Board's powers before making decision
   107.    Application of ss 47-50
   108.    Deemed withdrawal of application etc.
   109.    Decision
   110.    When decision takes effect
   111.    Failure by board to make decision on application
   112.    Failure by board to make decision on review agreed to under s 105
   113.    Further decision required if certain conditions changed
           Subdivision 2--Recording change, or removal, of conditions
   114.    Amending, replacing, or issuing new, certificate of general registration

           Division 9--Special purpose registrations
           Subdivision 1--Applications for special purpose registration

   115.    Undertaking of special activities relating to the profession
   116.    Application of divs 2 and 3
   117.    Eligibility
   118.    Qualifications for special purpose registration
   119.    Suitability to be a special purpose registrant
   120.    Period of special purpose registration
   121.    Imposition of conditions by board
   122.    Contravention of conditions
   123.    Provisional special purpose registration of a person
           Subdivision 2--Renewal of special purpose registrations
   123A.   Non-application of sdiv 2 to short-term registration
   124.    Application of div 4, sdivs 2 and 3
   125.    Matters that may be considered in deciding whether to renew special purpose registrations
   126.    Imposition of conditions by board
   127.    Period of renewed special purpose registration
           Subdivision 3--Cancellation of special purpose registrations
   128.    Application of div 6
   129.    Grounds for cancellation
           Subdivision 4--Removal of conditions
   130.    Removal

           Division 10--General provisions about registrations

   131.    Person is taken to be registered under this part
   132.    Surrender of registrations
   133.    Replacement of certificates of registration
   134.    Certified copy of certificates of registration
   135.    Notification of change in circumstances
   136.    Notification of certain events to interstate regulatory authorities and other entities
   136A.   Short-term registration

           Part 4--Obligations of registrants and other persons

           Division 1--Restricted titles and holding out

   137.    Taking of restricted titles etc.
   138.    Claims by persons as to registration
   139.    Claims by persons as to other persons' registration
   140.    Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants
   141.    Restrictions on registrants registered on conditions

           Division 3--Advertising

   144.    Obligations of advertisers
   145.    Information to appear in advertisements

           Division 4--Registrants' autonomy

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

           Division 5--Court orders and injunctions

   147.    Persons may be prohibited from supplying health services etc.
   148.    Injunctions

           Division 6--Reprisals

   149.    Reprisal and grounds for reprisals
   150.    Offence for taking reprisal
   151.    Damages entitlement for reprisal

           Division 7--Other provisions

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

           Part 5--Investigation and enforcement

           Division 1--Inspectors

   153.    Functions of inspectors
   154.    Powers of inspectors
   155.    Limitation on powers of inspectors

           Division 2--Appointment of inspectors and other matters

   156.    Appointments
   157.    Appointment conditions
   158.    Identity cards
   159.    Failure to return identity card
   160.    Production or display of inspector's identity card

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

   161.    Power to enter places
           Subdivision 2--Procedure for entry
   162.    Entry with consent
   163.    Application for warrant
   164.    Issue of warrant
   165.    Special warrants
   166.    Warrants—procedure before entry
           Subdivision 3--Powers after entry
   167.    General powers after entering places
   168.    Failure to help inspector
   169.    Failure to give information
           Subdivision 4--Power to seize evidence
   170.    Seizing evidence at a place that may be entered without consent or warrant
   171.    Seizing evidence at a place that may only be entered with consent or warrant
   172.    Securing seized things
   173.    Tampering with seized things
   174.    Powers to support seizure
   175.    Receipts for seized things
   176.    Forfeiture of seized things
   177.    Forfeiture on conviction
   178.    Dealing with forfeited things etc.
   179.    Return of seized things
   180.    Access to seized things
           Subdivision 5--Power to obtain information
   181.    Power to require name and address
   182.    Failure to give name or address
   183.    Power to require production of documents
   184.    Failure to produce document
   185.    Power to require information

           Division 4--General enforcement matters

   186.    Notice of damage
   187.    Compensation
   188.    False or misleading information
   189.    False or misleading documents
   190.    Obstructing inspectors
   191.    Impersonation of inspectors

           Part 6--Reviews by QCAT

   192.    Who may apply for a review
   193.    Particular matters relating to powers of QCAT

           Part 7--Legal proceedings

           Division 1--Evidence

   197.    Application of division
   198.    Appointments and authority
   199.    Signatures
   200.    Evidentiary provisions

           Division 2--Proceedings

   201.    Indictable and summary offences
   202.    Proceedings for indictable offences
   203.    Limitation on who may summarily hear indictable offence
   204.    Limitation on time for starting summary proceedings
   205.    Allegations of false or misleading information or documents
   206.    Penalties to be paid to board
   207.    Responsibility for acts or omissions of representatives
   208.    Executive officers must ensure corporation complies with Act

           Part 8--Register, records and information

           Division 1--Register

   209.    Register to be kept
   210.    Inspection of register

           Division 2--Records to be kept

   211.    Records

           Division 3--Information

   212.    Confidentiality of information
   213.    Board's annual report must disclose authorisation

           Part 9--Miscellaneous

           Division 1--Abandoned, and other, health records

   214.    Definitions for div 1
   215.    Board may take possession of abandoned health records
   216.    Health records forming part of deceased estate
   217.    Health records of persons convicted of an offence against s 137(1) or (6) or 138
   218.    Dealing with certain health records seized under s 170 or 171
   219.    How board may deal with health records
   220.    Destruction of health records

           Division 2--Continuing professional education of registrants

   221.    Continuing professional education programs

           Division 3--Declared events

   222.    Definitions for div 3
   223.    Declaration of events
   224.    Deemed general registration of visiting practitioners

           Division 4--Other provisions

   225.    Protecting officials from liability
   226.    Protection for persons supervising probationary registrants
   227.    False or misleading information or documents
   228.    Certificates etc. not to be false or misleading
   229.    Application of provisions
   230.    Board to keep list of approved qualifications
   231.    Approval of forms
   232.    Examination fees
   233.    Regulation-making power

           Part 10--Repeal and transitional provisions

           Division 1--Repeal

   234.    Repeal of Psychologists Act 1977

           Division 2--Transitional provisions

   235.    Definitions for div 2
   236.    References to repealed Act or former board
   237.    Board is the legal successor
   238.    Assets and liabilities etc.
   239.    Service agreements
   240.    Proceedings
   241.    Dealing with matter under Health Practitioners (Professional Standards) Act 1999
   242.    Offences
   243.    Membership of board
   244.    Chairperson and deputy chairperson of board
   245.    Appeals
   246.    Existing registrations
   247.    Review of conditions imposed under repealed Act
   248.    Existing applications for certain column 1 registrations
   249.    Existing applications for restoration of certain column 1 registrations
   250.    Suspended registrations
   253.    Records
   254.    Certain Act has not been repealed
           SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
           SCHEDULE 3 DICTIONARY
           Endnotes