This legislation has been repealed.
[This Act commenced on 18 March 2003 and was repealed by the HEALTH PRACTITIONERS ACT 2004 which commenced on the 14 May 2004.]
NORTHERN TERRITORY OF AUSTRALIA
HEALTH PRACTITIONERS AND ALLIED PROFESSIONALS REGISTRATION ACT
As in force at 18 March 2003
Table of provisions
NORTHERN TERRITORY OF AUSTRALIA
____________________
This reprint shows the Act as in force at 18 March 2003. Any amendments that commence after that date are not included.
____________________
HEALTH PRACTITIONERS AND ALLIED PROFESSIONALS REGISTRATION ACT
An Act to provide for the registration of persons engaged in certain categories of health and allied practice, and for related purposes
This Act may be cited as the Health Practitioners and Allied Professionals Registration Act.
This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.
This Act binds the Crown not only in right of the Territory but also, so far as the legislative power of the Legislative Assembly permits, in all its other capacities.
(1) In this Act, unless the contrary intention appears:
appointed member, in relation to a Board, means a person appointed under section 6(1)(b) or (1A)(b) to be a member of the Board.
approved means approved by the Board.
Board means the Board, established under section 5(1) for a category or categories of health practice.
category of health practice means the practice of:
(a) Aboriginal health work;
(b) chiropractic;
(c) occupational therapy;
(d) osteopathy;
(e) physiotherapy; or
(f) psychology,
whether or not the practice is exclusively concerned with the health of a person.
Chairman, in relation to a Board, means the person who is, by virtue of section 8(1), the Chairman of the Board.
conditional registration means conditional registration under section 25(1).
full registration means full registration under section 24.
practising certificate means a practising certificate issued under section 30(1) and includes a renewal of a practising certificate issued under section 30(5).
practitioner means a person who is registered to practise in a category of health practice.
provisional registration means provisional registration under section 26(2).
register means a register maintained under section 22.
Registrar, in relation to a Board or a category of health practice, means the person appointed under section 21(1) to be the Registrar of the Board or for that category.
registration means full, conditional or provisional registration.
registration certificate means a registration certificate issued under section 27(2).
Secretary means the Chief Executive Officer, as defined in the Public Sector Employment and Management Act, of the Department primarily responsible under the Minister for the administration of this Act established under that Act.
this Act includes the Regulations.
Tribunal means the Health Practitioners and Allied Professionals Tribunal established under section 58(1).
(2) This Act shall be construed so that:
(a) the Board;
(b) the Chairman;
(c) an appointed member; or
(d) the Registrar,
does not have any power or function in relation to or in connection with a category of health practice other than:
(e) in the case of the Board – the category or categories of health practice for which it;
(f) in the case of the Chairman – the category or categories of health practice for which the Board of which he is the Chairman;
(g) in the case of an appointed member – the category or categories of health practice for which the Board of which he is such a member; and
(h) in the case of the Registrar – the category or categories of health practice for which the Board of which he is the Registrar,
is established.
(1) There is established by this Act a Board for each category of health practice other than the categories of chiropractic and osteopathy, for which categories, together, there is hereby established a single Board.
(2) The Board shall be known by the generic name given to persons practising in the category or categories of health practice for which it is established followed by the words "Registration Board".
(3) The Board:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal; and
(c) is capable, in its corporate name, of acquiring, holding and disposing of real, leasehold and personal property and of suing and being sued.
(4) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to a document and shall assume that it was duly affixed.
(1) Subject to subsection (1A), the Board shall consist of:
(a) the Chairman; and
(b) 4 persons appointed by the Minister by notice in the Gazette, of whom:
(i) 3 shall be registered or qualified for registration in; and
(ii) one shall be appointed to represent the public interest in relation to,
the category of health practice for which the Board is established.
(1A) The Board established by section 5(1) for the categories of health practice of chiropractic and osteopathy shall consist of:
(a) the chairman; and
(b) 5 persons appointed by the Minister by notice in the Gazette, of whom:
(i) 2 shall be registered or qualified for registration in the category of health practice of chiropractic;
(ii) 2 shall be registered or qualified for registration in the category of health practice of osteopathy; and
(iii) one shall be appointed to represent the public interest in relation to both these categories of health practice.
(3) The exercise of a power or the performance of a function of the Board is not affected by reason only of there being a vacancy or vacancies in the membership of the Board.
(1) Subject to this Act, an appointed member holds office until the expiration of such period, not exceeding 3 years, as is specified in the instrument of his appointment, but is eligible for re-appointment for one further period not exceeding 3 years.
(2) Where a period of appointment is not specified in the instrument of appointment of an appointed member, he holds office, subject to this Act, for 3 years.
(1) The Secretary or his nominee is the Chairman of the Board.
(2) The Chairman shall preside at all meetings of the Board.
An appointed member may resign his office by notice in writing delivered to the Minister.
(1) The Minister may terminate the appointment of an appointed member for inability, inefficiency, misbehaviour or physical or mental incapacity.
(2) Where an appointed member:
(a) is absent, except on leave granted by the Board, from 2 consecutive meetings of the Board;
(b) being an appointed member referred to in section 6(1)(b)(i) or (1A)(b)(i) or(ii), ceases to be registered or qualified for registration as required by that section; or
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit,
the Minister shall terminate the appointment of the appointed member.
(1) Where an appointed member is or is expected to be absent from duty or from the Territory, the Minister may appoint a person who has the same qualifications for appointment as the appointed member to act as an appointed member during the absence.
(2) The Minister may at any time terminate an appointment made under this section.
(3) The validity of a decision of the Board shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment under this section had ceased to have effect.
(1) An appointed member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board, otherwise than as a member of, and in common with the other members of, an incorporated company consisting of not less than 25 persons and of which he is not a director, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the Board, and the appointed member shall:
(a) not, while he has that interest, take part after the disclosure in any deliberation or decision of the Board in relation to that matter; and
(b) be disregarded for the purpose of constituting a quorum of the Board in relation to that matter.
(1) The Registrar shall, by notice in writing delivered to each member of the Board, call such meetings of the Board as are necessary for the exercise of its powers and the performance of its functions but so that, unless the Minister otherwise directs, the interval between one meeting and the next does not exceed 3 months.
(2) The Minister may, at any time, by notice in writing, direct the Chairman to convene a meeting of the Board and the Chairman shall convene the meeting accordingly.
(3) At a meeting of the Board:
(a) subject to subsection (3A), the Chairman and 2 appointed members constitute a quorum;
(b) a question arising shall be determined by a majority of the votes of the members present and voting and in the event of an equality of votes the matter shall be taken to have been defeated; and
(c) subject to this Act, the Board shall determine the procedure to be followed at or in connection with the meeting.
(3A) At a meeting of the Board established by section 5(1) for the categories of health practice of chiropractic and osteopathy, a quorum shall include at least one appointed member registered in the category of chiropractic when the Board is considering a matter relating to that category of health practice and at least one appointed member registered in the category of osteopathy when the board is considering a matter relating to that category of health practice.
(4) The Board shall keep records of its meetings.
The functions of the Board are to determine, in relation to the category or categories of health practice for which it is established, but subject to the approval of the Minister:
(a) the qualifications, where they are not prescribed, for registration of persons as; and
(b) the appropriate standards of conduct by,
practitioners.
(1) Subject to this Act, the Board has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the exercise of its powers and the performance of its functions.
(2) Without limiting the generality of subsection (1), the Board, for the purpose of exercising its powers or performing its functions in relation to the category or categories of health practice for which it is established, including the powers conferred on it elsewhere in this Act:
(a) may authorize or refuse to authorize the full or conditional registration of persons in accordance with this Act;
(b) may issue registration and practising certificates;
(c) may receive, hear and investigate complaints against practitioners;
(d) shall cause to be maintained registers of practitioners;
(e) may take proceedings against a person who contravenes or fails to comply with this Act;
(f) may cancel or suspend a registration or practising certificate;
(g) may punish by way of fine or reprimand a person who contravenes or fails to comply with this Act; and
(h) shall investigate any matter referred to it by the Minister and report on it to him.
(1) The Board may, by instrument in writing, delegate to a person any of its powers and functions under this Act, other than this power of delegation.
(2) A power or function delegated under this section, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Board.
(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Board.
The Board shall, as soon as practicable after 31 December in each year, prepare and furnish to the Minister a report on its activities during the year ending on that date.
A member of the Board shall not disclose information obtained in the course of his duties as such a member unless that disclosure is made in the course of those duties.
Where a member of the Board or a person commits an act or makes an omission in good faith in:
(a) the exercise or purported exercise of a power; or
(b) the performance or purported performance of a function,
under this Act for the purpose of giving effect to the provisions or objects of this Act, or for discharging an obligation placed upon the member or person by this Act, no action, claim or demand, either civil or criminal, in respect of that act or omission lies, or shall be commenced or allowed, against the member or person.
The Minister may, by notice in the Gazette, determine the fees payable in respect of any matter or thing under this Act, and a fee so determined shall be payable to the Board accordingly.
(1) The Minister may, for the purposes of this Act, appoint a person to be the Registrar of the Board.
(2) The Registrar shall act under the control of the Chairman.
(1) The Registrar shall maintain registers for, respectively:
(a) the full registration;
(b) the conditional registration; and
(c) the provisional registration,
of practitioners.
(2) The Registrar shall, as soon as practicable after 1 January in each year, cause to be published in the Gazette a true copy of the registers referred to in subsection (1)(a) and (b), which publication shall be prima facie evidence of the full registration or conditional registration, as the case may be, in the category of health practice to which the register relates of the persons named in the publication.
(3) A person may, during normal business hours, inspect a register maintained under this section.
A person may apply to the Board for full registration in the category or a category of health practice for which the Board is established, which application shall be:
(a) in the approved form; and
(b) accompanied by:
(i) the prescribed fee; and
(ii) evidence, satisfactory to the Board, that the person:
(A) holds the relevant qualifications prescribed in Part IV; and
(B) is medically fit,
to practise in the category and:
(C) is of good fame and character.
Subject to section 25(1), the Board may determine an application under section 23 by:
(a) where the applicant complies with section 23(b)(ii)(A), (B) and (C) – authorizing; or
(b) in any other case – refusing to authorize,
his full registration.
(1) Where a person who has made an application under section 23 complies with section 23(b)(ii)(A), (B) or (C), the Board may determine the application by:
(a) authorizing; or
(b) refusing to authorize,
his conditional registration.
(2) A practitioner whose name is entered in a register of conditional registration is entitled to practise in the category of health practice to which the register relates subject to such conditions as are imposed by the Board and endorsed on his registration certificate.
(3) A practitioner whose name is entered in a register of conditional registration may, at any time, apply to the Board for full registration.
(1) Where a person:
(a) has made an application under section 23 to the Board; and
(b) the Board has not made a determination under section 24 or 25(1) in relation to the application,
he may apply to the Chairman, or an appointed member nominated by the Chairman for the purpose, for provisional registration.
(2) The Chairman or appointed member, as the case may be, shall determine an application under subsection (1) by:
(a) where the Chairman or appointed member is satisfied that the person has the qualifications referred to in section 23(b)(ii)(A), is medically fit to practise and is of good fame and character – authorizing; or
(b) in any other case – refusing to authorize,
the provisional registration.
(3) A practitioner whose name is entered in a register of provisional registration is entitled to practise in the category of health practice to which the register relates without restriction until:
(a) the expiry date on the registration certificate issued in relation to his provisional registration; or
(b) the expiration of 3 months after the date on which the certificate was issued,
whichever first occurs.
(1) Where the Board authorizes the full or conditional registration, or the Chairman or the appointed member referred to in section 26 authorizes the provisional registration, of a person, the Registrar shall enter in the appropriate register:
(a) the name of the person;
(b) his professional address or addresses, if any, in the Territory or, if he has no professional address, his place of residence, whether in the Territory or elsewhere;
(c) particulars of his qualifications referred to in section 23(b)(ii)(A);
(d) his registration number;
(e) the date of his registration;
(f) the conditions, if any, of his registration; and
(g) such other particulars, if any, as are prescribed.
(2) As soon as practicable after the registration under this section of a person, the Registrar shall, on payment to him of the prescribed fee, issue to the person a registration certificate in the approved form.
(1) Where a person's name has, for any reason, been removed from a register, he may apply in the approved form, accompanied by the prescribed fee, to the Board for restoration of his name to the register.
(2) The Board shall determine an application under subsection (1) by:
(a) authorizing; or
(b) refusing to authorize,
the restoration of the applicant's name to the register.
Where:
(a) the Board refuses under section 24(b), 25(1)(b) or 28(2)(b) to authorize, respectively, the full registration, the conditional registration or the restoration to a register of the name; or
(b) the Chairman or an appointed member referred to in section 26 refuses under section 26(2)(b) to authorize the provisional registration,
of a person, the Board, Chairman or appointed member, as the case may be, shall:
(c) record the reasons for its or his refusal;
(d) serve on the person not later than 7 days after so refusing, notice of its or his determination; and
(e) where the person so requests, supply the person with a copy of its or his reasons for the refusal.
Division
2 Practising certificates
(1) The Registrar shall, as soon as practicable after a person first becomes a practitioner as a consequence of having full or conditional registration, issue to the person a practising certificate.
(2) A practising certificate shall:
(a) be in the approved form;
(b) take effect on the date on which it is expressed to take effect; and
(c) expire on 31 December next following the date on which it takes effect.
(3) The Registrar shall, before 31 October in each year, serve notice in writing on the holder of a practising certificate advising him of his obligation to renew the certificate.
(4) The holder of a practising certificate may, before 31 December in each year, apply in the approved form accompanied by the prescribed fee to the Registrar for the renewal of his certificate.
(5) Where the Registrar receives an application under subsection (4), he shall, as soon as practicable, issue a renewal of the certificate.
(6) Where the holder of a practising certificate who has been served with a notice under subsection (3) fails to apply, before 31 March next following the service of the notice, for the renewal of his certificate, the Registrar shall remove his name from the register to which the certificate relates.
(1) A practitioner shall display his registration certificate and, except where he is provisionally registered, his current practising certificate in a conspicuous position at the place where he usually practises.
Penalty: $200.
(2) A practitioner may:
(a) where he practises in more than one place; or
(b) where his original registration certificate or practising certificate is destroyed, damaged, lost or stolen,
apply in the approved form accompanied by the prescribed fee to the Registrar for the issue of a duplicate registration certificate or duplicate practising certificate.
(3) Where the Registrar receives an application under subsection (2)(a), he shall, where he is satisfied that the applicant practises in more than one place, issue to him a duplicate registration certificate or duplicate practising certificate, as the case may be.
(4) Where the Registrar receives an application under subsection (2)(b), he may, where he is satisfied that the applicant's original registration certificate or practising certificate has been destroyed, damaged, lost or stolen, issue to him a duplicate registration certificate or duplicate practising certificate, as the case may be.
(1) A registration certificate is prima facie evidence that the person specified in the certificate was registered in the category of health practice to which the certificate relates on the date specified in the certificate.
(2) In all courts and before all persons and bodies authorized to receive evidence, a document purporting to be a certificate under the hand of the Chairman and stating that a person was or was not registered on the date or dates, or during the period, mentioned in the document is prima facie evidence of the matter so stated.
(1) A practitioner who changes the address supplied with his application for registration shall promptly notify the Registrar of the change.
(2) The Registrar shall remove from a register the name of a practitioner who dies or who requests his name to be removed and may make such alterations to the particulars recorded in the register as he thinks fit.
Part
IV Qualifications for registration
For the purposes of section 23(b)(ii)(A), the prescribed qualification for full registration in the category of health practice of Aboriginal health work is:
(a) the basic skills certificate for Aboriginal health workers awarded by the Department primarily responsible under the Minister for the administration of this Act; or
(b) a qualification that is, in the opinion of the Board, equivalent to the qualification referred to in paragraph (a).
(1) For the purposes of section 23(b)(ii)(A), the prescribed qualifications for full registration in the category of practice of chiropractic are:
(a) a qualification specified in column 2 of Part A of Schedule 1 awarded by the institution specified in column 1 of that Part opposite to that qualification;
(b) a qualification from a college specified in Part B of Schedule 1 which is approved by the Council on Chiropractic Education in the United States of America or Canada; or
(c) a qualifying pass in an examination in chiropractic approved from time to time by the Board,
and such relevant experience in chiropractic as the Board thinks necessary.
(2) The Board may refuse to register an applicant who is otherwise qualified for full registration in the category of health practice of chiropractic:
(a) if the applicant has been refused registration as a chiropractor in a place outside the Territory; or
(b) where the applicant was qualified to be registered as a chiropractor 5 years before the date of his application and during those 5 years has not been registered as such under this Act and has not been registered as a chiropractor in a place outside the Territory.
For the purposes of section 23(b)(ii)(A), the prescribed qualifications for full registration in the category of health practice of occupational therapy are approved qualifications and experience acceptable for full membership of a member association of the Australian Association of Occupational Therapists.
(1) For the purposes of section 23(b)(ii)(A), the prescribed qualifications for full registration in the category of health practice of osteopathy are:
(a) a qualification specified in column 2 of Schedule 2 awarded by the institution specified in column 1 of that Schedule opposite to that qualification; or
(b) a qualifying pass in an examination in osteopathy approved from time to time by the Board,
and such relevant experience in osteopathy as the Board thinks necessary.
(2) The Board may refuse to register an applicant who is otherwise qualified for full registration in the category of health practice of osteopathy:
(a) if the applicant has been refused registration as an osteopath in a place outside the Territory; or
(b) where the applicant was qualified to be registered as an osteopath 5 years before the date of his application and during those 5 years has not been registered as such under this Act and has not been registered as an osteopath in a place outside the Territory.
For the purposes of section 23(b)(ii)(A), the prescribed qualifications for full registration in the category of health practice of physiotherapy are approved qualifications and experience acceptable for full membership of the Australian Physiotherapy Association.
(1) For the purposes of section 23(b)(ii)(A), the prescribed qualifications for full registration in the category of health practice of psychology are:
(a) approved qualifications, and approved experience, acceptable for full membership of the Australian Psychological Society;
(b) a Masters Degree in psychology from an approved Australian university;
(c) an approved 4 year degree qualification in psychology from an approved Australian university and completion of approved supervision consisting of not less than 100 hours of the practice of psychology during at least a 2 year period;
(d) an approved 5 year degree qualification in psychology from an approved Australian university and completion of approved supervision consisting of not less than 50 hours of the practice of psychology during at least a one year period; or
(e) a qualification that is, in the opinion of the Board, substantially equivalent to the qualifications referred to in paragraph (a), (b), (c) or (d).
(2) For the purposes of section 23(b)(ii)(A), the prescribed qualifications for conditional registration in the category of health practice of psychology are:
(a) approved qualifications, and approved experience, acceptable for associate membership of the Australian Psychological Society;
(b) an approved 4 year degree qualification in psychology from an approved Australian university;
(c) an approved 5 year degree qualification in psychology from an approved Australian university; or
(d) a qualification that is, in the opinion of the Board, substantially equivalent to the qualifications referred to in paragraph (a), (b) or (c).
For the purposes of section 23(b)(ii)(A), and notwithstanding sections 34 to 43 inclusive, the prescribed qualifications for full registration in a category of health practice, other than Aboriginal health work, where the applicant is not otherwise qualified under this Part to be so registered, are approved overseas qualifications and experience acceptable to the Council of the Overseas Professional Qualifications for the purposes of that category of health practice.
Part V Regulation of practitioners
Division
1 Discipline of practitioners
For the purposes of this Division, disciplinary action by the Board means:
(a) the cancellation or suspension under section 47(1) of the registration of a practitioner;
(b) the cancellation or suspension under section 48 of the registration in the Territory of a practitioner; or
(c) the imposition of a fine on, or reprimanding of, a practitioner under section 49(1).
(1) A person may, by notice in writing, lodge with the Registrar a complaint against a practitioner, which notice shall be accompanied by:
(a) subject to subsection (2), the prescribed fee; and
(b) where the Registrar so requires, a statutory declaration verifying the complaint.
(2) Where a person lodging under subsection (1) a complaint against a practitioner satisfies the Registrar that he would suffer undue financial hardship if required to pay the prescribed fee referred to in that subsection, the Registrar may waive the payment of that fee.
(3) The Registrar shall, as soon as practicable after a complaint and, where he so requires, the accompanying statutory declaration verifying the complaint is lodged under subsection (1), submit the complaint and accompanying statutory declaration, if any, to the Board and the Board shall, not later than 3 months after that complaint and accompanying statutory declaration, if any, were so lodged, consider the complaint.
(1) Subject to this Act, the Board may, in its discretion after its consideration under section 46(3) of a complaint, cancel or suspend, for a period specified by the Board, the registration of the practitioner to whom the complaint relates where it is satisfied that he:
(a) has been guilty of unprofessional conduct;
(b) has been found guilty, whether in the Territory or elsewhere, of an offence that renders him unfit to practise as such a practitioner;
(c) is addicted to drugs or intoxicating liquor so that he is unfit to practise as such a practitioner;
(d) is suffering from a disability, whether mental or physical, that would prevent him from efficiently practising as such a practitioner; or
(e) has obtained registration by fraud or misrepresentation in a material particular.
(2) Where the Board finds, in relation to a complaint under section 46(1), that there are:
(a) no reasonable grounds for the complaint – the prescribed fee referred to in section 46(1)(a) accompanying the complaint is forfeited to the Territory; or
(b) reasonable grounds for the complaint, whether or not it cancels or suspends the registration of the practitioner against whom the complaint was made – it shall refund the prescribed fee referred to in section 46(1)(a).
Where the registration of a practitioner to practise in a category of health practice, however described, under a law in force in a State or another Territory of the Commonwealth is cancelled or suspended for reasons which would be grounds for the cancellation or suspension under section 47(1) of his registration in the Territory, the Board may cancel or suspend, for such period as it thinks fit, his registration in the Territory.
(1) Where the Board is satisfied that a practitioner has been guilty of unprofessional conduct but that, in all the circumstances of the case, the cancellation or suspension of his registration is not appropriate, it may:
(a) impose on him a fine not exceeding $1,000; or
(b) reprimand him.
(2) A fine imposed under subsection (1)(a) is a debt due and payable by the practitioner to the Board.
(1) Subject to subsection (2), the Board shall not take disciplinary action against a practitioner:
(a) on a ground specified in section 47(1)(a), (c), (d) or (e) unless it has conducted an inquiry in accordance with Division 2; or
(b) on a ground specified in section 47(1)(b) unless it has given the practitioner a reasonable opportunity to make oral or written submissions to it.
(2) The Board may take disciplinary action against a practitioner on a ground referred to in subsection (1) without first conducting an inquiry in accordance with Division 2 or allowing submissions to be made where it:
(a) is satisfied that its failure to take the action might substantially increase the danger to the public; and
(b) intends to hold such an inquiry, or give the practitioner the opportunity to make submissions, as the case may be, as soon as practicable after taking the action.
(1) The Board shall, as soon as practicable after taking disciplinary action against a practitioner, serve a notice in writing on the practitioner advising him of:
(a) the action; and
(b) the reasons for the action,
so taken and, where applicable, the requirement specified in subsection (2) or (3).
(2) In the case of a disciplinary action under section 47(1) or 48, the notice under subsection (1) shall include a requirement that the practitioner surrender his registration certificate and practising certificate to the Board before the date specified in the notice.
(3) In the case of a disciplinary action under section 49(1)(a), the notice under subsection (1) shall include a requirement that the fine be paid before such date, being not earlier than 14 days after the date of service of the notice, as is specified in the notice.
(4) Where a practitioner on whom a notice referred to in subsection (3) has been served fails to pay the fine before the date specified in the notice, the Board:
(a) may suspend his registration for such period, not exceeding 6 months, as it thinks fit; and
(b) shall, as soon as practicable after such suspension, serve a notice in writing on the practitioner:
(i) advising him of the suspension; and
(ii) requiring him to surrender his registration certificate and practising certificate to the Board before the date specified in the notice.
(5) Subject to subsection (6) and section 57, where the Board suspends under subsection (4)(a), or cancels or suspends under section 47(1) or 48, the registration of a practitioner, the Registrar shall remove the name of the practitioner from the register.
(6) Where the Registrar has, in pursuance of subsection (5), removed from the register the name of a practitioner whose registration has been suspended, he shall, as soon as practicable after the expiration of the period of suspension, reinsert the name and issue to the practitioner a registration certificate.
(7) Where the name of a practitioner is removed in accordance with this Act from a register, the practising certificate held by the practitioner is thereby cancelled.
(8) A practitioner shall comply with and not contravene a requirement contained in a notice referred to in subsection (2) or (4)(b)(ii) served on him.
Penalty: $500.
The Board shall not hold an inquiry concerning a practitioner unless notice in writing of its intention to hold the inquiry, containing particulars of the reason for the inquiry, has been served on him not later than 10 days before the holding of the inquiry.
(1) Subject to this Division, the procedure at an inquiry shall be as determined by the Board.
(2) In conducting an inquiry, the Board shall not be bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.
(3) A practitioner the subject of an inquiry, or his representative, may:
(a) cross-examine a witness who gives evidence against the practitioner; and
(b) call a witness to give evidence for the practitioner.
(4) A practitioner the subject of an inquiry may give evidence and address the Board on his own behalf.
(1) The Board may, in relation to an inquiry, by notice in writing served on a person, require the attendance of the person before it at a time and place specified in the notice and then and there to give evidence and to produce any books, documents and writings in his custody or control which he is required by the notice to produce.
(2) A person shall comply with and not contravene a notice under subsection (1) served upon him.
Penalty: $1,000 or imprisonment for 6 months.
(1) A practitioner the subject of an inquiry may be represented at the inquiry by:
(a) a legal practitioner; or
(b) an agent.
(2) A legal practitioner or an agent appearing before the Board at an inquiry has the same liabilities, protection and immunity as a legal practitioner has in appearing for a party in proceedings before the Supreme Court.
(1) A person appearing before the Board to give evidence at an inquiry shall, where required by the Chairman to give sworn evidence, take an oath or make an affirmation.
(2) The Chairman may:
(a) administer an oath or affirmation to a person appearing before the Board to give evidence at an inquiry; and
(b) require a person to answer any question.
(3) Subject to subsection (4), a person shall comply with and not contravene a requirement under subsection (1) or (2)(b).
Penalty for an offence against this subsection: $1,000 or imprisonment for 6 months.
(4) A witness appearing at an inquiry has the same liabilities, protection and immunity as a witness in proceedings before the Supreme Court.
Division
3 Effect of Disciplinary Action
(1) Disciplinary action under section 47(1) taken by the Board after conducting an inquiry under Division 2 takes effect:
(a) at the expiration of 28 days after the notice under section 51(1) which relates to the action was served on the practitioner, unless he has, within that period, appealed under Part VI against the action; or
(b) where the Board is satisfied that it is appropriate and so specifies in the notice, on the date of service on the practitioner of the notice under section 51(1).
(2) A disciplinary action referred to in section 45(b) takes effect on the date of service of the notice under section 51(1) which relates to the action on the practitioner.
Part VI Health
Practitioners and Allied Professionals Tribunal
(1) The Minister may, by notice in the Gazette, from time to time establish a tribunal, to be known as the Health Practitioners and Allied Professionals Tribunal, to hear and determine an appeal under section 59.
(2) The Tribunal shall consist of:
(a) a legal practitioner, who shall be the Chairman of the Tribunal, nominated by the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act, of the Agency primarily responsible for law and the administration of justice; and
(b) 2 other persons appointed by the Minister.
(3) The persons appointed under subsection (2)(b) to be members of the Tribunal shall:
(a) have practised for not less than 5 years in the category or a category of health practice for which the Board, the decision of which is the subject of the appeal, is established; and
(b) be selected by the Minister from persons nominated by the professional association, if any, for the category.
A person aggrieved by:
(a) a decision under this Act of the Board;
(b) a refusal under section 24, 25, 26 or 28; or
(c) disciplinary action within the meaning of section 45 taken by the Board,
may appeal to the Tribunal against that decision, refusal or disciplinary action.
An appeal under section 59 shall:
(a) be in writing;
(b) in the case of an appeal against disciplinary action – be accompanied by the notice under section 51(1) which relates to the action; and
(c) be made, and a copy served on the Board, not later than 28 days after:
(i) in the case of an appeal against disciplinary action – the notice under section 51(1) which relates to the action; or
(ii) in any other case – written advice of the decision or refusal appealed against,
was served on the appellant.
(1) Where a person appeals under section 59, the Tribunal shall conduct a hearing into the decision, refusal or disciplinary action appealed against.
(2) For the purposes of subsection (1), the Tribunal hearing an appeal has all the powers, duties and functions of the Board in relation to the matter the subject of the appeal and shall determine the appeal by:
(a) confirming or disallowing;
(b) varying in such manner as it thinks fit; or
(c) by substituting its own decision for,
the decision, refusal or disciplinary action appealed against.
(1) Where the Tribunal determines under section 61(2) an appeal, the determination takes effect on the date specified by the Tribunal in its determination.
(2) The relevant Registrar shall do such things as are necessary to give effect to a determination of the Tribunal.
A person who knowingly obtains registration in a category of health practice by a representation that is false in a material particular is guilty of an offence.
Penalty: $1,000 or imprisonment for 6 months.
A person shall not:
(a) practise as a practitioner; or
(b) advertise himself as, or otherwise hold himself out to be, qualified, willing, able or entitled to practise as a practitioner,
in a category of health practice unless he is:
(c) registered as a practitioner; and
(d) the holder of a current practising certificate or provisionally registered,
in that category.
Penalty: $1,000 or imprisonment for 6 months.
(1) A person shall not use in a document, sign or notice a title or combination of words likely to suggest or imply that he is qualified to practise in a category of health practice unless he is registered in that category.
(2) A practitioner shall not use or permit to be used in a document, sign or notice used in connection with his practice, a qualification that he claims to have, unless the qualification is written in full.
Penalty for an offence against this section: $1,000 or imprisonment for 6 months.
An offence of contravening or failing to comply with section 63, 64 or 65 is a regulatory offence.
A notice or other document which, under this Act, is required or permitted to be served on a person, may be so served by:
(a) handing or tendering it to him;
(b) properly addressing and posting it by pre-paid post to him at his last-known or usual place of abode or business; or
(c) leaving it with some person, who has apparently attained the age of 16 years, at the person's last-known or usual place of abode or business.
The Board may, in relation to the category or a category of health practice for which it is established, in such manner as it thinks fit, publish guidelines relating to the practise of the category in relation to:
(a) a code of ethics;
(b) professional conduct;
(c) confidentiality of patients' records;
(d) clinical standards of the practice, including equipment used and the layout and construction of premises;
(e) referrals to medical practitioners;
(f) clinical research; and
(g) advertising by practitioners.
The Administrator may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act,
and in particular for prescribing the qualifications and experience required for registration as a practitioner.
(1) Notwithstanding section 23, a person who was, immediately before the commencement of this Act, ordinarily practising in the Territory as a chiropractor but who would not under that section, but for this subsection, be entitled to apply to the Board for full registration in that category of health practice because he does not hold the relevant qualifications prescribed under Part IV, may apply under that section for full registration and the Board shall accept and consider his application.
(2) Where the Board considers that a person referred to in subsection (1) is sufficiently qualified by experience or otherwise to continue to practise as a chiropractor, it may, in its discretion and on being satisfied that he complies with section 23(b)(ii)(B) and (C), authorize the person's full registration and the Registrar shall, in substitution for the entry in the register referred to in section 27(1)(c), record such information relating to the person's qualifications and experience as the Board directs.
Schedule 1 Chiropractic qualifications
section 35(1)
PART A
Column 1
Institution
|
Column 2
Award
|
Chiropractic and Osteopathic College of SA
Incorporated
|
Diploma in Chiropractic and Osteopathy [Awarded
prior to 31 December, 1979]
|
Chiropractic and Osteopathic Institute
Incorporated
|
Diploma in Chiropractic and Osteopathy [Awarded
prior to 31 December, 1979]
|
International College of Chiropractic, Preston
Institute of Technology, Victoria
|
Diploma in Applied Science (Human Biology) and
Diploma in Applied Science (Chiropractic) [Awarded prior to 1 January,
1982]
|
Phillip Institute of Technology,
Victoria
|
Bachelor of Applied Science Degree. Degree in
Chiropractic [Awarded after 31 December, 1981]
|
Sydney College of Chiropractic Ltd with
the:
(a) University of NSW or
(b) University of Sydney or
(c) University of Adelaide or
(d) University of Melbourne or
(e) University of Queensland
|
Graduate Diploma in Chiropractic [Awarded after 30 November, 1983] and Bachelor of Science (Anatomy) |
Chiropractic College of Australasia, Melbourne
Sydney College of Chiropractic, Ashfield, New South Wales
|
Diploma of Chiropractic [Awarded prior to 1978]
Diploma of Chiropractic [Awarded prior to 1979]
|
Sydney College of Chiropractic Limited, Ashfield,
New South Wales
|
Diploma of Doctor of Chiropractic [Awarded prior to
1986]
|
Pax Chiropractic College
|
Diploma of Doctor of Chiropractic [Awarded prior to
1970]
|
PART B
Anglo European College of
Chiropractic
Canadian Memorial Chiropractic
College
Cleveland College of Chiropractic
(Kansas City)
Cleveland College of Chiropractic
(Los Angeles)
Life Chiropractic
College
Logan Chiropractic
College
Los Angeles College of
Chiropractic
New York Chiropractic
College
North Western College of
Chiropractic
Palmer College of
Chiropractic
Texas Chiropractic
College
Western States Chiropractic
College
Schedule 2 Osteopathy Qualifications
Section 39
Column 1
Institution
|
Column 2
Award
|
Phillip Institute of Technology,
Victoria
|
Bachelor of Applied Science Degree. Degree in
Osteopathy [Awarded after 31 December, 1990]
|
The International Colleges of Osteopathy, Randwick,
NSW, with the:
(a) University of NSW or
(b) University of Sydney or
(c) University of Adelaide or
(d) University of Melbourne or
(e) University of Queensland
|
Graduate Diploma in Osteopathy and Bachelor of
Science (Anatomy)
|
British School of Osteopathy, London
|
Diploma of Osteopathy
|
London College of Osteopathic Medicine,
London
|
Licentiate in Osteopathy
|
The European School of Osteopathy, Maidstone,
Kent
|
Diploma of Osteopathy
|
1 KEY
Key to abbreviations
amd = amended od =
order
app = appendix om =
omitted
bl = by-law pt =
Part
ch = Chapter r =
regulation/rule
cl = clause rem =
remainder
div = Division renum =
renumbered
exp = expires/expired rep
= repealed
f = forms s =
section
Gaz =
Gazette sch = Schedule
hdg =
heading sdiv = Subdivision
ins =
inserted SL = Subordinate
Legislation
lt = long title sub =
substituted
nc = not commenced
2 LIST OF LEGISLATION
Health Practitioners and Allied
Professionals Registration Act 1985 (Act No. 48, 1985)
|
|
Assent date
|
26 September 1985
|
Commenced
|
17 March 1986 (Gaz G9, 5 March 1986, p
4)
|
Statute Law Revision Act 1986 (Act No. 64,
1986)
|
|
Assent date
|
19 December 1986
|
Commenced
|
19 December 1986
|
Statute Law Revision Act 1987 (Act No. 9,
1987)
|
|
Assent date
|
27 May 1987
|
Commenced
|
27 May 1987
|
Health Practitioners and Allied
Professionals Registration Amendment Act 1989 (Act No. 3,
1989)
|
|
Assent date
|
14 March 1989
|
Commenced
|
7 April 1989 (Gaz S17, 7 April
1989)
|
Health Practitioners and Allied
Professionals Registration Amendment Act 1993 (Act No. 5,
1993)
|
|
Assent date
|
18 Mar 1993
|
Commenced
|
30 April 1993 (Gaz S42, 30 April
1993)
|
Public Sector Employment and Management
(Consequential Amendments) Act 1993 (Act No. 28, 1993)
|
|
Assent date
|
30 June 1993
|
Commenced
|
1 July 1993 (s 2, s 2 Public Sector Employment
and Management Act 1993 (Act No. 11, 1993 and Gaz S53,
29 June 1993)
|
Sentencing (Consequential Amendments)
Act 1996 (Act No. 17, 1996)
|
|
Assent date
|
19 April 1996
|
Commenced
|
s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2
Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15,
13 June 1996)
|
Statute Law Revision Act 1996 (Act
No. 42, 1996)
|
|
Assent date
|
17 September 1996
|
Commenced
|
17 September 1996
|
Health Practitioners and Allied Professionals
Registration Amendment Act 2000 (Act No. 25, 2000)
|
|
Assent date
|
27 June 2000
|
Commenced
|
27 June 2000
|
Statute Law Revision Act 2003 (Act
No. 12, 2003)
|
|
Assent date
|
18 March 2003
|
Commenced
|
18 March 2003
|
3 LIST OF AMENDMENTS
s 4 amd No. 9, 1987 s. 2; No. 3, 1989, s 5; No. 5, 1993, s 4; No. 28, 1993, s 3
s 5 amd No. 3, 1989, s 6
s 6 amd No. 3, 1989, s 7
s 10 amd No. 3, 1989, s 8
s 13 amd No. 3, 1989, s 9
s 14 amd No. 3, 1989, s 10
s 15 amd No. 3, 1989, s 11
s 23 amd No. 3, 1989, s 12
s 34 amd No. 9, 1987, s 2
s 35 sub No. 3, 1989, s 13
s 36 – 37 rep No. 5, 1993, s 5
s 38 amd No. 64, 1986, s 4
s 39 sub No. 3, 1989, s 14
s 41 sub No. 25, 2000, s 2
ss 42 – 43 rep No. 5, 1993, s 5
s 47 amd No. 17, 1996, s 6
s 57 amd No. 3, 1989, s 15
s 58 amd No. 3, 1989, s 16; No. 42, 1996, s 6; No. 12, 2003, s 18
s 68 amd No. 3, 1989, s 17
s 70 rep No. 3, 1989, s 18
sch 1 – 2 ins No. 3, 1989, s 19