OPTOMETRISTS ACT 2002 - As at 1 July 2010 - 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

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 (Repealed)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