New South Wales Consolidated Acts

OPTOMETRISTS ACT 2002

- As at 6 July 2009
- Act 30 of 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of Act
   4.      Definitions
   5.      Notes
   6.      Mutual Recognition laws

   PART 2 - REGISTRATION

   7.      Registration necessary for certain representations
   8.      Qualifications for registration
   9.      Competence
   10.     Impairment
   11.     Full registration
   12.     Provisional registration
   13.     Temporary registration
   14.     Power to refuse or impose conditions on full registration
   15.     Cancellation and suspension of registration
   16.     Restrictions on registration of deregistered persons
   17.     Appeals concerning registration

   PART 3 - PRACTICE OF OPTOMETRY
   Note

           Division 1 - Conduct of practice

   18.     Use of titles
   19.     Use of specialist title
   20.     Code of professional conduct
   21.     Authority for use of drugs by optometrists
   22.     Disclosure to patients
   23.     Ownership of optometry practices

           Division 2 - Returns and information

   24.     Annual return to be submitted
   25.     Notification of convictions, criminal findings and charges
   26.     Courts to provide information on convictions
   27.     Referral of mental health matters to Registrar

   PART 4 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS

           Division 1 - Interpretation

   28.     Meaning of “professional misconduct”
   29.     Meaning of “unsatisfactory professional conduct”
   29A.    References to “complaint”

           Division 2 - Complaints

   30.     Grounds for complaints
   31.     Complaint can be made even if person no longer registered
   32.     Who can make a complaint
   33.     Complaints to be made to the Board
   34.     Form of complaint
   35.     Board to notify Commission of complaints
   36.     (Repealed)
   37.     Investigation of complaint by Board
   38.     Role of the Commission
   39.     How complaints are dealt with
   40.     Serious complaints must be referred to Tribunal
   41.     Medical examination of optometrist
   42.     Notification of orders to employer and others

           Division 3 - Referral of complaints to Optometry Care Assessment Committee

   43.     Kinds of complaints that can be referred to Committee
   44.     How complaints are dealt with
   45.     Skills testing of optometrist
   46.     Recommendations of the Committee
   47.     No legal representation for parties appearing before the Committee

           Division 4 - Dealing with complaint by inquiry at a meeting of the Board

   48.     Procedures for dealing with complaint at meeting
   49.     General procedure
   50.     Conduct of meeting
   51.     Making submissions to inquiry
   52.     Decision of the Board
   53.     Admissibility of Board’s findings

           Division 5 - Disciplinary powers of Board and Tribunal

   54.     Powers may be exercised if complaint proved or admitted
   55.     General powers of the Board
   56.     Power of the Board to recommend suspension or cancellation of registration
   57.     Powers of the Tribunal

           Division 6 - Powers of the Board for the protection of the public

   58.     Suspension or conditions to protect the public
   59.     Power to remove or alter conditions
   60.     Referral of matter to Commission
   61.     Special provisions-impairment
   62.     Tribunal to be notified of suspensions
   63.     Extension of suspension
   64.     Expiration of suspension
   65.     Duration of conditions-complaint matters
   66.     Duration of conditions-impairment matters

   PART 5 - IMPAIRMENT

   67.     Referral of impairment matters concerning optometrists
   68.     Persons may notify Board of impairment matters concerning optometrists
   69.     Commission may refer impairment matters to Board
   70.     Panel to inquire into matters referred to it
   71.     Panel not to take action while Commission investigating
   72.     Board to give notice of proposed inquiry
   73.     Optometrist entitled to make representations
   74.     Assessment, report and recommendations by Panel
   75.     Voluntary suspension or conditions on registration
   76.     Review of conditions
   77.     Some matters to be dealt with as complaints
   78.     Confidentiality of Panel’s report

   PART 6 - APPEALS AND REVIEW OF DISCIPLINARY ACTION

           Division 1 - Appeals against actions of the Board

   79.     Appeals against actions of the Board on a complaint
   80.     Appeal against suspension or imposition of conditions by Board-impairment matters
   81.     Appeal on point of law

           Division 2 - Appeals against actions of Tribunal

   82.     Preliminary appeal on point of law
   83.     Appeal against Tribunal’s decisions and actions
   84.     Powers of Court on appeal

           Division 3 - Review of suspension, cancellation or conditions

   85.     Right of review
   86.     Appropriate review body
   87.     Powers on review
   88.     Nature of review

   PART 7 - OPTOMETRISTS REGISTRATION BOARD

   89.     Constitution of the Board
   90.     Functions of the Board
   91.     Membership of the Board
   92.     (Repealed)
   93.     Committees
   94.     Delegation of functions
   95.     Other provisions relating to the Board

   PART 8 - OPTOMETRY CARE ASSESSMENT COMMITTEE

   96.     Constitution of the Optometry Care Assessment Committee
   97.     Functions of the Committee
   98.     Membership of the Committee
   99.     Other provisions relating to the Committee

   PART 9 - IMPAIRED REGISTRANTS PANELS

   100.    Impaired Registrants Panels
   101.    Board to constitute Panel when required
   102.    Decisions of a Panel

   PART 10 - OPTOMETRISTS TRIBUNAL

           Division 1 - Constitution of the Tribunal

   103.    The Optometrists Tribunal
   104.    Chairperson and Deputy Chairpersons of the Tribunal
   105.    Tribunal to be constituted to deal with complaints etc
   106.    Effect of vacancy on Tribunal
   107.    Payment of non-legal Tribunal members
   108.    Seal of the Tribunal

           Division 2 - Proceedings of the Tribunal

   109.    Decisions of the Tribunal
   110.    Time when orders take effect
   111.    Powers of Tribunal exercised by Supreme Court
   112.    Registrar to be informed of disciplinary action

           Division 3 - Inquiries, appeals etc before the Tribunal

   113.    Jurisdiction
   114.    Notice of time and place of inquiry or appeal
   115.    Conduct of proceedings
   116.    Representation before the Tribunal
   117.    Chairperson or Deputy Chairperson not to review own decisions
   118.    Adjournments and interlocutory orders
   119.    Tribunal to provide details of its decision
   120.    Statement need not contain confidential information

   PART 10A - PROHIBITION AGAINST DIRECTING OR INCITING MISCONDUCT

   120A.   Prohibition against directing or inciting misconduct
   120B.   Extended concept of employment
   120C.   Extended concept of carrying on business
   120D.   Convicted offenders may be prohibited from carrying on business
   120E.   Offence of operating business while prohibited
   120F.   Effect of appeal against conviction
   120G.   Business interests-effect of prohibition
   120H.   Power to require information from convicted persons and others
   120I.   Evidentiary certificate

   PART 11 - MISCELLANEOUS

   121.    Application of Criminal Records Act
   122.    How notice is to be given
   123.    Service of documents on Board
   124.    Written statement of decisions
   125.    Notice of disciplinary action to other Boards
   125A.   Cancelled registrations to be publicly available
   125B.   Protection from liability for certain publications
   126.    False or misleading entries and statements
   127.    Evidentiary certificates and evidence of entry in Register
   128.    Authentication of certain documents
   129.    Fees
   130.    Optometry Education and Research Account
   131.    Appointment and powers of inspectors
   132.    Search warrants
   133.    Liability of officers and members
   134.    Offences by corporations
   135.    Proceedings for offences
   136.    Regulations
   137.    (Repealed)
   138.    Repeals
   139.    Savings and transitional provisions
   140.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)
           SCHEDULE 7