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CHIROPRACTORS ACT 2001 - As at 1 July 2010 - Act 15 of 2001

- As at 1 July 2010 - Act 15 of 2001

Table of Provisions

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 CHIROPRACTIC

Note

Division 1 - Conduct of practice

  • 18 Use of titles
  • 19 Code of professional conduct

Division 2 - Returns and information

  • 20 Annual return to be submitted
  • 21 Notification of convictions, criminal findings and charges
  • 22 Courts to provide information on convictions
  • 23 Referral of mental health matters to Registrar

PART 4 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS

Division 1 - Interpretation

  • 24 Meaning of "professional misconduct"
  • 25 Meaning of "unsatisfactory professional conduct"
  • 25A References to "complaint"

Division 2 - Complaints

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 (Repealed)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

Division 3 - Referral of complaints to Chiropractic Care Assessment Committee

  • 39 Kinds of complaints that can be referred to Committee
  • 40 How complaints are dealt with
  • 41 Skills testing of chiropractor
  • 42 Recommendations of the Committee
  • 43 No legal representation for parties appearing before the Committee

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

  • 44 Procedures for dealing with complaint at meeting
  • 45 General procedure
  • 46 Conduct of meeting
  • 47 Making submissions to inquiry
  • 48 Decision of the Board
  • 49 Admissibility of Board's findings

Division 5 - Disciplinary powers of Board and Tribunal

  • 50 Powers may be exercised if complaint proved or admitted
  • 51 General powers of the Board
  • 52 Power of the Board to recommend suspension or cancellation of registration
  • 53 Powers of the Tribunal

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

  • 54 Suspension or conditions to protect the public
  • 55 Power to remove or alter conditions
  • 56 Referral of matter to Commission
  • 57 Special provisions--impairment
  • 58 Tribunal to be notified of suspensions
  • 59 Extension of suspension
  • 60 Expiration of suspension
  • 61 Duration of conditions--complaint matters
  • 62 Duration of conditions--impairment matters

PART 5 - IMPAIRMENT

  • 63 Referral of impairment matters concerning chiropractors
  • 64 Persons may notify Board of impairment matters concerning chiropractors
  • 65 Commission may refer impairment matters to Board
  • 66 Panel to inquire into matters referred to it
  • 67 Panel not to take action while Commission investigating
  • 68 Board to give notice of proposed inquiry
  • 69 Chiropractor entitled to make representations
  • 70 Assessment, report and recommendations by Panel
  • 71 Voluntary suspension or conditions on registration
  • 72 Review of conditions
  • 73 Some matters to be dealt with as complaints
  • 74 Confidentiality of Panel's report

PART 6 - APPEALS AND REVIEW OF DISCIPLINARY ACTION

Division 1 - Appeals against actions of the Board

  • 75 Appeals against actions of the Board on a complaint
  • 76 Appeal against suspension or imposition of conditions by Board--impairment matters
  • 77 Appeal on point of law

Division 2 - Appeals against actions of Tribunal

  • 78 Preliminary appeal on point of law
  • 79 Appeal against Tribunal's decisions and actions
  • 80 Powers of Court on appeal

Division 3 - Review of suspension, cancellation or conditions

  • 81 Right of review
  • 82 Appropriate review body
  • 83 Powers on review
  • 84 Nature of review

PART 7 - CHIROPRACTORS REGISTRATION BOARD

  • 85 Constitution of the Board
  • 86 Functions of the Board
  • 87 Membership of the Board
  • 88. (Repealed)
  • 89 Committees
  • 90 Delegation of functions
  • 91 Other provisions relating to the Board

PART 8 - CHIROPRACTIC CARE ASSESSMENT COMMITTEE

  • 92 Constitution of the Chiropractic Care Assessment Committee
  • 93 Functions of the Committee
  • 94 Membership of the Committee
  • 95 Other provisions relating to the Committee

PART 9 - IMPAIRED REGISTRANTS PANELS

  • 96 Impaired Registrants Panels
  • 97 Board to constitute Panel when required
  • 98 Decisions of a Panel

PART 10 - CHIROPRACTORS TRIBUNAL

Division 1 - Constitution of the Tribunal

  • 99 The Chiropractors Tribunal
  • 100 Chairperson and Deputy Chairpersons of the Tribunal
  • 101 Tribunal to be constituted to deal with complaints etc
  • 102 Effect of vacancy on Tribunal
  • 103 Payment of non-legal Tribunal members
  • 104 Seal of the Tribunal

Division 2 - Proceedings of the Tribunal

  • 105 Decisions of the Tribunal
  • 106 Time when orders take effect
  • 107 Powers of Tribunal exercised by Supreme Court
  • 108 Registrar to be informed of disciplinary action

Division 3 - Inquiries, appeals etc before the Tribunal

  • 109 Jurisdiction
  • 110 Notice of time and place of inquiry or appeal
  • 111 Conduct of proceedings
  • 112 Representation before the Tribunal
  • 113 Chairperson or Deputy Chairperson not to review own decisions
  • 114 Adjournments and interlocutory orders
  • 115 Tribunal to provide details of its decision
  • 116 Statement need not contain confidential information

PART 11 - MISCELLANEOUS

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

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