PHYSIOTHERAPISTS ACT 2001 - As at 1 July 2010 - Act 67 of 2001

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 Period of limited practice
• 14 Temporary registration
• 15 Power to refuse or impose conditions on full registration
• 16 Cancellation and suspension of registration
• 17 Restrictions on registration of deregistered persons
• 18 Appeals concerning registration

PART 3 - PRACTICE OF PHYSIOTHERAPY

Division 1 - Conduct of practice

• 19 Use of titles
• 20 Code of professional conduct

Division 2 - Returns and information

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

PART 4 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS

Division 1 - Interpretation

• 25 Meaning of "professional misconduct"
• 26 Meaning of "unsatisfactory professional conduct"
• 26A References to "complaint"

Division 2 - Complaints

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 (Repealed)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

Division 3 - Referral of complaints to Physiotherapy Standards Advisory Committee

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

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

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

Division 5 - Disciplinary powers of Board and Tribunal

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

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

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

PART 5 - IMPAIRMENT

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

PART 6 - APPEALS AND REVIEW OF DISCIPLINARY ACTION

Division 1 - Appeals against actions of the Board

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

Division 2 - Appeals against actions of Tribunal

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

Division 3 - Review of suspension, cancellation or conditions

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

PART 7 - PHYSIOTHERAPISTS REGISTRATION BOARD

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

PART 8 - PHYSIOTHERAPY STANDARDS ADVISORY COMMITTEE

• 93 Constitution of the Physiotherapy Standards Advisory Committee
• 94 Functions of the Committee
• 95 Membership of the Committee
• 96 Other provisions relating to the Committee

PART 9 - IMPAIRED REGISTRANTS PANELS

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

PART 10 - PHYSIOTHERAPISTS TRIBUNAL

Division 1 - Constitution of the Tribunal

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

Division 2 - Proceedings of the Tribunal

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

Division 3 - Inquiries, appeals etc before the Tribunal

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

PART 11 - MISCELLANEOUS

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