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CHIROPRACTORS AND OSTEOPATHS BILL 1991
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to regulate the practice of chiropractic and osteopathy and to
provide for the registration of Chiropractors and osteopaths.
The Bill repeals and re-enacts the Chiropractic Act 1978 with the following
modifications:
the title of the legislation has been changed to reflect the fact that it applies to
both Chiropractors and osteopaths;
the membership of the Registration Board is reconstituted to be comprised of:
(i) 4 chiropractors; and
(ii) 1 osteopath; and
(iii) 4 other persons (of various professions),
nominated by the Minister for Health.
it will be an offence for a person to practise spinal manipulation (whether for
fee or reward or not) unless the person is a chiropractor, osteopath, medical
practitioner or physiotherapist (currently it is only an offence if practised for
fee or reward);
power is given to the Board to grant provisional, temporary and conditional
registration;
Professional Standards Committees and a Chiropractors and Osteopaths
Tribunal are to be established to inquire into and determine complaints about
registered Chiropractors and osteopaths;
the range of sanctions which may be imposed for professional misconduct are
increased;
a Chiropractic and Osteopathy Education and Research Account is to be
established to fund education and research relating to the practice of
chiropractic and osteopathy out of registration and roll fees paid by registered
practitioners;
Chiropractors and Osteopaths 1991
(h) the Board may establish advisory committees to assist it to exercise its
functions, and in particular, may establish an education advisory committee to
advise on chiropractic and osteopathy education;
(i) numerous modifications of a minor nature are made.
PART 1--PRELIMINARY
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 defines expressions used in the proposed Act.
PART 2--REQUIREMENT FOR REGISTRATION
Clause 4 prohibits the practice of chiropractic or osteopathy by anyone other than
registered chiropractors, osteopaths, medical practitioners, physiotherapists, certain
trainees or anyone exempted by the regulations.
Clause 5 prevents a person from using the title chiropractor or osteopath unless the
person is registered under the Act. It also prohibits a chiropractor or osteopath from
implying that he or she is a medical practitioner unless that is the case.
PART 3--REGISTRATION
Clauses 6, 7 and 8 specify the circumstances in which a person is registered under
the Act as:
· a chiropractor
· an osteopath
· a chiropractor and osteopath.
Clauses 9, 10 and 11 specify the qualifications required for registration as a
chiropractor, osteopath or chiropractor and osteopath.
Clause 12 specifies the circumstances in which the Board may refuse to register a
person under the Act.
Clause 13 provides for provisional registration under the Act for persons who are
entitled to the relevant diploma (required for registration) but have not had the diploma
conferred on them.
Clause 14 provides for temporary registration under the Act in certain circumstances.
Clause 15 specifies the qualifications required for temporary registration.
Clause 16 provides for conditional registration under the Act for a person who has
been the subject of disciplinary proceedings or who is conditionally registered outside
New South Wales.
Clause 17 provides for the establishment of:
· a register of Chiropractors
· a register of osteopaths
· a register of Chiropractors and osteopaths.
Clause 18 provides for the payment of a roll fee by practitioners registered under the
Act.
Clause 20 provides for the removal of a person's name from the register if that
person has died or has ceased to be qualified to be registered.
PART 4--THE REGISTRATION BOARD
Clause 21 constitutes the Chiropractors and Osteopaths Registration Board.
Clause 22 specifies the functions of the Board.
Clause 23 provides for the membership of the Board.
Clause 24 provides for the appointment of a Registrar and other staff necessary to
enable the Board to exercise its functions.
Clause 25 enables the Board to establish committees to assist it to exercise its
functions.
Clause 26 gives effect to Schedules 1 and 2 which contain further provisions relating
to the membership and procedure of the Board.
PART 5--COMPLAINTS AND DISCIPLINARY PROCEEDINGS
Division 1--Complaints
Clause 27 enables the Board to establish professional codes of conduct for registered
practitioners of chiropractic and osteopathy.
Clause 28 provides for the making of complaints about registered practitioners to or
by the Board or the Director-General of the Department of Health.
Clause 29 provides for the referral of complaints to a Committee or the Tribunal by
the Board. The Board must refer any complaint which may warrant the suspension or
deregistration of a registered practitioner to the Tribunal, but may also refer complaints
involving the health of practitioners to a Committee.
Clause 30 provides for the referral of complaints to the Board, a Committee or the
Tribunal by the Director-General. The Director-General must refer any complaint which
may warrant the suspension or deregistration of a registered practitioner to the Tribunal,
but may also refer complaints involving the health of practitioners to the Board
Clause 31 requires the Board to refer certain complaints to the Director-General for
investigation and the Director-General to investigate such complaints as well as any
complaint referred by the Director-General to the Board, a Committee or the Tribunal.
Clause 32 empowers the Board to suspend (for a period not exceeding 30 days), or
impose conditions on, a registered practitioner if it is satisfied that such action is
necessary for the purpose of protecting the life, or the physical or mental health, of any
person. If the Board takes such action, the matter must be referred to the Tribunal or in
cases involving the health of a practitioner it may be referred to a Committee. A period
of suspension may be extended for periods of up to 30 days, but only with the written
approval of the Chairperson or a Deputy Chairperson of the Tribunal.
Clause 33 gives a person affected by a suspension or conditions imposed under
clause 32 a right to appeal to the Tribunal.
Chiropractors and Osteopaths 1991
Division 2--Hearing of complaints by Professional Standards Committees
Clauses 34 and 35 provide for Professional Standards Committees. For the purposes
of hearing a complaint, a Committee will consist of 2 registered practitioners appointed
by the Board and a lay person nominated by the Minister who may or may not be
members of the Board. More than one Committee may be constituted at one time so as
to enable more than one matter to be heard at one time.
Clause 36 provides that proceedings before a Committee are to be held in the
absence of the public, unless the Committee otherwise directs, and that the Committee
may conduct the proceedings as it thinks fit.
Clause 37 enables a registered practitioner about whom a complaint is made and a
complainant to be accompanied, but not represented, by a barrister or solicitor or
another adviser in an inquiry before a Committee.
Clause 38 requires a Committee to terminate an inquiry and refer a complaint to the
Tribunal if at any time the Committee forms the opinion that a complaint may provide
grounds for the suspension or deregistration of a registered practitioner or becomes
aware that the complaint or another complaint about the same person has been referred
to the Tribunal.
Clause 39 sets out the powers of a Committee if it finds the subject-matter of a
complaint to have been proved.
Clause 40 enables a Committee, in a case involving the health of a practitioner, to
recommend to the Chairperson or a Deputy Chairperson of the Tribunal that the
practitioner concerned be suspended or deregistered. The Chairperson or Deputy
Chairperson may act on the recommendation and there is a right of appeal to the
Tribunal under clause 42.
Clause 41 provides for the making of decisions by a Committee and requires it to
make its reasons for its decisions available to the complainant, the registered practitioner
concerned and such other persons as it thinks fit.
Clause 42 gives a registered practitioner or a complainant a right to appeal to the
Tribunal against a finding of or the exercise of a power by a Committee. Appeals will be
dealt with by way of rehearing.
Clause 43 provides for appeals with respect to a point of law, whether or not an
inquiry has concluded.
Division 3--Hearing of matters by the Chiropractors and Osteopaths Tribunal
Clause 44 constitutes the Chiropractors and Osteopaths Tribunal. For the purposes of
conducting an inquiry or hearing an appeal, the Tribunal will consist of the Chairperson
or a Deputy Chairperson, 2 registered practitioners appointed by the Board and a lay
person nominated by the Minister, who may or may not be members of the Board. More
than one group of persons constituting the Tribunal may sit at one time so as to enable
more than one matter to be heard at one time.
Clause 45 provides for District Court judges and experienced legal practitioners to be
appointed as the Chairperson and Deputy Chairpersons of the Tribunal.
Clause 46 provides that proceedings before the Tribunal are to be held in public,
unless the Tribunal otherwise directs, and that the Tribunal may conduct the proceedings
as it thinks fit.
Clause 48 prohibits the Chairperson or a Deputy Chairperson who has decided a
question in a matter from sitting on an inquiry or appeal concerning the matter in which
the decision was made.
Clause 49 sets out the powers of the Tribunal if it finds the subject-matter of a
complaint to have been proved. It also provides that the Tribunal may award costs to or
against any party to the proceedings.
Clause 50 makes provision in relation to suspended practitioners.
Clause 51 provides for the making of decisions by the Tribunal and requires it to
make its reasons for its decisions available to the complainant, the registered practitioner
concerned and such other persons as it thinks fit.
Clause 52 gives to a complainant or a registered practitioner a right to appeal to the
Supreme Court from a decision of the Tribunal with respect to a point of law or against
the exercise of a power by the Tribunal. Appeals with respect to a point of law may be
made whether or not an inquiry has concluded.
Clause 53 gives the Tribunal power, on application by a person who has been
suspended from practising or deregistered, to end the suspension or to have the person
registered.
Clause 54 removes any doubt as to whether an inquiry may be conducted into a
complaint about a registered practitioner before any relevant criminal or civil
proceedings are completed.
PART 6--MISCELLANEOUS
Clause 55 requires the Board, the President or an authorised member of the Board to
provide a written statement of the reasons for certain decisions.
Clause 56 makes it an offence to make a false entry in the register or, by fraud, to
procure such an entry or to assert as true before the Board a document which is false.
Clause 57 provides that certain matters need not be proved in proceedings.
Clause 58 provides for certain documents under the hand of the Registrar and entries
in the register to be evidence in proceedings.
Clauses 59 and 60 provide for fees collected under the Act to be paid to the Health
Administration Corporation or the Chiropractic and Osteopathy Education and Research
Account (established for education and research in chiropractic and osteopathy).
Clause 61 provides for the taking of summary proceedings under the proposed Act
and regulations.
Clause 62 provides for the appointment and powers of inspectors.
Clause 63 enables an inspector to apply for a search warrant to enter premises in
order to investigate contraventions of the proposed Act and regulations.
Clause 64 provides that certain persons given functions under the proposed Act do
not incur personal liability for things done in good faith in exercising those functions.
Clause 65 provides for the making of regulations under the proposed Act.
Clause 66 amends the Search Warrants Act 1985 as a consequence of the powers
conferred on inspectors by clause 63.
Chiropractors and Osteopaths 1991
Clause 67 repeals the Chiropractic Act 1978.
Clause 68 repeals the Chiropractic Regulation 1979.
Clause 69 is a formal provision giving effect to Schedule 4.
SCHEDULES
Schedule 1 contains provisions relating to the members of the Board.
Schedule 2 contains provisions relating to the procedure of the Board.
Schedule 3 contains the following provisions relating to proceedings before a
Committee or the Tribunal:
Clause 1 (Proceedings generally) states that a Committee and the Tribunal are
not bound to observe the rules of law governing the admission of evidence.
Clause 2 (Power to summon witness and take evidence) sets out the powers
of a Committee and the Tribunal in relation to compelling the attendance of
witnesses and the giving of evidence at an inquiry or appeal.
Clause 3 (Power to obtain documents) sets out the powers of a Committee
and the Tribunal to require documents to be produced.
Clause 4 (Evidence of other proceedings) allows a Committee and the
Tribunal to admit as evidence the result of or evidence given in the course of
proceedings in other courts or tribunals (whether or not in New South Wales).
Clause 5 (Additional complaints) provides for inquiries to be conducted by a
Committee or the Tribunal into more than one complaint and for a Committee or
the Tribunal to deal with additional matters arising during proceedings as if a
complaint had been made in respect of them.
Clause 6 (Release of information) empowers a Committee and the Tribunal to
direct that the name or address of a complainant, a registered practitioner or a
witness in proceedings, that evidence given in proceedings or that the
subject-matter of a complaint not be published, except in a professional
publication. It will be an offence with a maximum fine of 20 penalty units
($2,000) to contravene such a direction.
Clause 7 (Authentication of documents by a Committee or the Tribunal) sets
out the manner in which documents of a Committee or the Tribunal may be
authenticated.
Clause 8 (Nominal complainant) provides for the Director-General or a
person appointed by the Director-General to act as nominal complainant in
proceedings before a Committee or the Tribunal.
Clause 9 (Intervention by Director-General) empowers the Director-General
to intervene in proceedings before a Committee or the Tribunal.
Clause 10 (Expedition of inquiries and appeals) imposes a duty on a
Committee and the Tribunal to hold and determine inquiries and appeals as soon
as practicable after a complaint or matter is referred to the Committee or the
Tribunal, or an appeal or application is made to the Tribunal, as the case may be.
Clause 1 1 (Certain complaints may not be heard) enables a Committee and
the Tribunal to decide not to commence or to terminate certain proceedings.
Schedule 4 contains savings and transitional provisions consequent on the enactment
of the proposed Act.