South Australia Physiotherapists Regulations 1991 under the Physiotherapists Act 1991 Contents Part 1--Preliminary 1 Short title 2 Interpretation Part 2--Election of members to Board 3 Election of physiotherapists to Board 4 Publication of notice of election 5 Eligibility to vote 6 Nominations 7 Method of election--with or without ballot 8 Voting papers 9 Electoral material 10 Voting 11 Duplication and late return of voting papers 12 Scrutineers 13 Counting of votes 14 Declaration of election Part 3--Registration and practice 15 Qualifications for registration 16 Application for registration or renewal 17 Exemption from obligation to be registered--recognised training courses 18 Exemption from obligation to be registered--death or bankruptcy etc 19 Application for approval if physiotherapist has not practised for five years 20 Information relating to damages claim against physiotherapist 21 Information relating to physiotherapist suffering from illness 22 Changes of address 23 Approval of names 24 Standard of facilities and equipment 25 Fees Schedule 1--Qualifications Schedule 3--Forms Legislative history Appendix--Divisional penalties and expiation fees Part 1--Preliminary 1--Short title These regulations may be cited as the Physiotherapists Regulations 1991^1. Note-- 1 These regulations will come into operation on the day that the Physiotherapists Act 1991 comes into operation. 2--Interpretation In these regulations, unless the contrary intention appears-- the Act means the Physiotherapists Act 1991; physiotherapist means a physiotherapist registered under the Act. Note-- For definition of divisional penalties (and divisional expiation fees) see Appendix. Part 2--Election of members to Board 3--Election of physiotherapists to Board For the purposes of section 6(1)(e) of the Act, an election of registered physiotherapists to the Board must be held in accordance with this Part. 4--Publication of notice of election (1) The Registrar must publish in a daily newspaper circulating throughout the State a notice setting out the timetable for each election held pursuant to these regulations. (2) The timetable must be determined by the Registrar in consultation with the Board. (3) The notice must include the following information-- (a) the number of candidates required to be elected; (b) the date (not being less than 14 days after the date of publication of the notice) and the hour by which nominations must be received by the Registrar; (c) the date on or before which the Registrar will post voting papers to physiotherapists; (d) the date (not being less than 14 days nor more than 21 days after the date fixed under paragraph (b)) by which completed voting papers must be returned to the Registrar. 5--Eligibility to vote A person whose name appeared on the register of physiotherapists on the day preceding the day on which the notice was published, and whose registration was not subject to suspension, is entitled to vote at the election. 6--Nominations A nomination of a candidate for election must be-- (a) in a form approved by the Registrar; and (b) signed by the candidate; and (c) signed by two other physiotherapists; and (d) received by the Registrar not later than the hour fixed in the notice for the closure of nominations. 7--Method of election--with or without ballot (1) If the number of candidates nominated is the same or less than the number of vacancies to be filled by election, the Registrar must by notice in a daily newspaper circulating throughout the State declare the candidates to be elected to the Board. (2) If the number of candidates nominated is greater than the number of vacancies to be filled, the following regulations will apply. 8--Voting papers (1) The Registrar must provide each physiotherapist with-- (a) a voting paper and an unmarked envelope; and (b) a second envelope addressed to the Registrar in which to return the completed voting paper. (2) The names of the candidates must appear on the voting paper in alphabetical order of surname. (3) Every voting paper must be initialled by the Registrar or by a person authorised for that purpose by the Registrar. (4) The Registrar may provide a physiotherapist with a voting paper and envelopes by posting them to the physiotherapist at his or her last known address. 9--Electoral material (1) Subject to this regulation, the Registrar must, at the request of a candidate, include with voting papers provided to physiotherapists, material provided by the candidate promoting the candidate's election to the Board. (2) Such material must be provided to the Registrar on or before the date of closure of nominations. (3) The material must not include-- (a) more than 200 words; nor (b) more than one photograph, and may be printed by the Registrar in such form as he or she thinks fit. 10--Voting (1) A physiotherapist who wishes to vote at an election-- (a) must indicate on the voting paper the candidate to whom the physiotherapist gives his or her first preference and may indicate the order of his or her preference for the other candidates; and (b) must place the voting paper in the unmarked envelope provided, place the envelope inside the second envelope addressed to the Registrar, seal the second envelope and sign it; and (c) must print his or her full name in block letters next to the signature; and (d) must return the envelope to the Registrar not later than the date fixed in the notice for the closure of the poll. (2) A voter-- (a) must indicate his or her first preference for a candidate by placing a number 1 in the square opposite the name of the candidate on the voting paper; and (b) may indicate his or her preference for other candidates by placing consecutive numbers (commencing with the number 2) in the squares opposite the names of the candidates on the voting paper. (3) For the purposes of these regulations, if a voter places a tick or a cross on a voting paper, the tick or cross is to be regarded as equivalent to the number 1. 11--Duplication and late return of voting papers (1) If more than one voting paper is returned under the name of the same physiotherapist, all, except the first to be returned, must be rejected or, if the Registrar does not know which was returned first, all, except the first to be recorded against the name of the physiotherapist, must be rejected. (2) If more than one voting paper is returned in an envelope, the voting papers returned in that envelope must not be counted. (3) A voting paper received by the Registrar after the time fixed for the close of voting must not be counted. 12--Scrutineers The Registrar may permit such scrutineers (who are not candidates for election to the Board) as he or she thinks fit to be present at the counting of votes. 13--Counting of votes The following provisions apply to the counting of votes at an election: (a) after counting first preferences, the candidate with the fewest first preferences must be excluded; (b) if more candidates remain than the number of vacancies to be filled, each voting paper counted to the excluded candidate must be counted to the candidate (if any) next in order of the voter's preference; (c) this process must be continued until the number of candidates remaining equals the number of vacancies to be filled; (d) in the event that two or more candidates have an equal number of votes and one or more of them must be excluded, the Registrar must determine the question by lot. 14--Declaration of election When the number of candidates remaining is equal to the number of vacancies to be filled, the Registrar must (within 14 days of the date fixed in the notice for the closure of the poll) by notice in a daily newspaper circulating throughout the State declare that the candidate or candidates has or have been elected to the Board. Part 3--Registration and practice 15--Qualifications for registration For the purposes of section 18 of the Act, a natural person must hold at least one of the qualifications set out in Schedule 1 to be eligible for registration as a physiotherapist. 16--Application for registration or renewal For the purposes of sections 19 and 22 of the Act, an application for registration, or renewal of registration, of a person as a physiotherapist must-- (a) be made in the appropriate form set out in Schedule 3; and (b) be accompanied by the documents specified in the form; and (c) be lodged with the Registrar. 17--Exemption from obligation to be registered--recognised training courses For the purposes of section 26(2)(a) of the Act, a person who practises physiotherapy, under the personal supervision of a physiotherapist, in connection with the Bachelor of Applied Science in Physiotherapy of the University of South Australia is not obliged to be registered under the Act. 18--Exemption from obligation to be registered--death or bankruptcy etc (1) The personal representative of a deceased physiotherapist may carry on the practice of the deceased physiotherapist for a period not exceeding one year (or such longer period as the Board may allow) from the date of death. (2) The trustee in bankruptcy of a physiotherapist may carry on the practice of physiotherapy for a period not exceeding one year (or such longer period as the Board may allow). (3) A receiver or liquidator appointed in respect of a company that is a physiotherapist may carry on the practice of the company for a period not exceeding one year (or such longer period as the Board may allow). (4) A person who exercises rights in pursuance of this regulation (otherwise than with the prior permission of the Board) must, within seven days after commencing to do so, give notice in writing of that fact to the Board. Penalty: Division 7 fine. 19--Application for approval if physiotherapist has not practised for five years For the purposes of section 29 of the Act, an application for approval to practise physiotherapy after not having practised for five years or more must-- (a) be made in the appropriate form set out in Schedule 3; and (b) be accompanied by the documents specified in the form; and (c) be lodged with the Registrar. 20--Information relating to damages claim against physiotherapist For the purposes of section 31 of the Act, the information that must be given to the Board by a physiotherapist against whom a damages claim for professional negligence has been made is as follows: (a) full details of the alleged negligence and the circumstances surrounding it; (b) the nature of any treatment or procedure alleged to have been carried out negligently; (c) details of the injury suffered by the claimant arising out of the alleged negligence and whether it resulted in death or permanent or temporary incapacity or impairment; (d) the address of the premises at which the alleged negligence occurred; (e) the time and date of each alleged incidence of negligence; (f) details of the court order made or settlement reached in respect of the claim. 21--Information relating to physiotherapist suffering from illness For the purposes of section 40 of the Act, the information that must be included in a written report from a medical practitioner in relation to an illness suffered by a physiotherapist is as follows: (a) the diagnosis of the illness; (b) the prognosis and likely duration of the illness; (c) details of treatment being given to the physiotherapist for the illness or any other condition. 22--Changes of address A physiotherapist must, within 14 days of changing his or her residential, postal or professional address, notify the Board in writing of the change. Penalty: Division 11 fine. 23--Approval of names A physiotherapist must not practise under a name (whether a company name or a business name) unless that name has first been approved by the Board. Penalty: Division 11 fine. 24--Standard of facilities and equipment A physiotherapist must ensure that Standard 5 of the Practice Accreditation Manual, Australian Physiotherapy Association (published by the Australian Physiotherapy Association, as in force on 1 December 1993) is complied with in relation to the facilities and equipment used by the physiotherapist in the practice of physiotherapy. Penalty: Division 7 fine. 25--Fees The Board may fix the fees payable for registration, renewal of registration and other purposes contemplated by the Act. Schedule 1--Qualifications Diploma of Physiotherapy of the University of Adelaide Diploma in Technology in Physiotherapy of the South Australian Institute of Technology Diploma of the Australian Physiotherapy Association (South Australian Branch) Incorporated issued before 31 December 1945 Bachelor of Applied Science in Physiotherapy of the South Australian Institute of Technology Bachelor of Applied Science in Physiotherapy of the University of South Australia Bachelor of Physiotherapy of the University of South Australia Master of Physiotherapy of the University of South Australia Diploma of Physiotherapy of the University of Queensland Bachelor of Physiotherapy of the University of Queensland Bachelor of Applied Science (Physiotherapy) of the University of Queensland Diploma of Massage of the Australasian Massage Association (Victoria) Diploma in Physiotherapy of the Australian Physiotherapy Association (Victoria) Diploma in Physiotherapy of the Masseurs Registration Board of Victoria Diploma of Physiotherapy of the Victoria Institute of Colleges Diploma of Physiotherapy of the Lincoln Institute of Health Sciences Bachelor of Applied Science (Physiotherapy) of the Lincoln Institute of Health Sciences Bachelor of Applied Science (Physiotherapy) of LaTrobe University Bachelor of Physiotherapy of LaTrobe University Bachelor of Physiotherapy of the University of Melbourne Bachelor of Science (Anatomy) of the University of New South Wales, followed by the Graduate Diploma in Physiotherapy of the Cumberland College of Health Sciences, New South Wales Diploma of Applied Science (Physiotherapy) of the Cumberland College of Health Sciences, New South Wales Bachelor of Applied Science (Physiotherapy) of the Cumberland College of Health Sciences, New South Wales Bachelor of Applied Science in Physiotherapy of the University of Sydney Master of Physiotherapy of the University of Sydney Bachelor of Physiotherapy of Charles Sturt University Diploma of Physiotherapy of the Australian Physiotherapy Association Diploma in Physiotherapy granted by the Physiotherapists Registration Board of Western Australia before 1970 Associateship in Physiotherapy granted by the Western Australian Institute of Technology before 1973 Bachelor of Applied Science (Physiotherapy) of the Western Australian Institute of Technology Bachelor of Applied Science (Physiotherapy) of the Curtin University of Technology Bachelor of Science (Physiotherapy) of the Curtin University of Technology Master of Physiotherapy of the Curtin University of Technology Final Certificate issued by the Australian Examining Committee for Overseas Physiotherapists of the Australian Council of Physiotherapy Regulating Authorities Incorporated Schedule 3--Forms 1991.239.UN00.jpg 1991.239.UN01.jpg 1991.239.UN02.jpg 1991.239.UN03.jpg 1991.239.UN04.jpg 1991.239.UN05.jpg Legislative history Notes o Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. o Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. o For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes. Revocation of regulations The Physiotherapists Regulations 1991 were revoked by Sch 1 cl 1 of the Physiotherapy Practice (General) Regulations 2006 on 1.9.2006. Principal regulations and variations Year No Reference Commencement 1991 239 Gazette 5.12.1991 p1710 1.12.1993: r 1 1993 259 Gazette 4.11.1993 p2207 1.12.1993: r 2 1995 28 Gazette 30.3.1995 p1145 30.3.1995: r 2 1997 158 Gazette 19.6.1997 p3034 19.6.1997: r 2 1997 228 Gazette 27.11.1997 p1453 27.11.1997: r 2 1998 30 Gazette 16.4.1998 p1724 16.4.1998: r 2 2000 19 Gazette 9.3.2000 p1402 9.3.2000: r 2 2004 123 Gazette 3.6.2004 p1727 3.6.2004: r 2 2005 259 Gazette 8.12.2005 p4211 8.12.2005: r 2 Provisions varied Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 3 inserted by 259/1993 r 3 1.12.1993 r 25 substituted by 28/1995 r 3 30.3.1995 Sch 1 before substitution by 123/2004 inserted by 259/1993 r 3 1.12.1993 varied by 158/1997 r 3 19.6.1997 varied by 228/1997 r 3 27.11.1997 varied by 30/1998 r 3 16.4.1998 varied by 19/2000 r 3 9.3.2000 substituted by 123/2004 r 4 3.6.2004 Sch 1 varied by 259/2005 r 4 8.12.2005 Sch 2 inserted by 259/1993 r 3 1.12.1993 deleted by 28/1995 r 4 30.3.1995 Sch 3 inserted by 259/1993 r 3 1.12.1993 Transitional etc provisions associated with regulations or variations No 28 of 1995 5--Transitional provision Notwithstanding regulation 4, the fees prescribed in Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continue to apply as follows: (a) the fees prescribed in clauses 1 and 2 of that Schedule continue to apply in relation to a registration or renewal of registration that is to take effect before 1 July 1995; (b) any other fee prescribed in that Schedule continues to apply-- (i) until 30 June 1995; or (ii) until the Board fixes a fee in substitution of that fee, whichever occurs first. Historical versions 3.6.2004 Appendix--Divisional penalties and expiation fees At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows: Division Maximum imprisonment Maximum fine Expiation fee 1 15 years $60 000 -- 2 10 years $40 000 -- 3 7 years $30 000 -- 4 4 years $15 000 -- 5 2 years $8 000 -- 6 1 year $4 000 $300 7 6 months $2 000 $200 8 3 months $1 000 $150 9 - $500 $100 10 - $200 $75 11 - $100 $50 12 - $50 $25 Note: This appendix is provided for convenience of reference only.