Western Australian Numbered Acts

CHIROPRACTORS ACT 2005 (NO. 31 OF 2005) - SECT 79

79 .         Powers of the State Administrative Tribunal on dealing with a disciplinary matter

        (1)         If, in a proceeding commenced by an allegation under this Act against a chiropractor, 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 —

            (a)         decline to make an order or a requirement under this subsection;

            (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 —

                  (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 chiropractor; 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 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;

            (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 chiropractic practice, or the specific part or aspect of the 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 chiropractic, either generally or in relation to any specified circumstances or service, for a period, not exceeding 2 years, specified in the order.

        (2)         If, in a proceeding commenced by an allegation under this Act against a person who was a chiropractor when the disciplinary matter allegedly occurred but who is no longer a chiropractor, the State Administrative Tribunal is of 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).