Chiropractors Act 2001 CHIROPRACTORS REGULATION 2002 - Made under the Chiropractors Act 2001 - As at 1 September 2007 - Reg 540 of 2002 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions PART 2 - PROCEEDINGS OF BOARD 4. Proceedings of Board at ordinary meetings 5. Special and urgent meetings 6. Lack of quorum PART 3 - ADVERTISING 7. Advertising PART 4 - MISCELLANEOUS 8. Excluded offences 9. Additional information to be included in annual return 10. Notice of mental incapacity of registered chiropractor 11. Registrar not required to verify complaint by statutory declaration 12. Appeal on point of law: section 77 13. Qualification of chiropractor sitting on Tribunal 14. Fee for inspection of Register 15. Fee for additional information to be recorded in Register 16. Repeal CHIROPRACTORS REGULATION 2002 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Chiropractors Regulation 2002. CHIROPRACTORS REGULATION 2002 - REG 2 Commencement 2 Commencement This Regulation commences on 1 August 2002. CHIROPRACTORS REGULATION 2002 - REG 3 Definitions 3 Definitions In this Regulation: "patient" means a person to whom medical treatment or other medical services are provided. "the Act" means the Chiropractors Act 2001. CHIROPRACTORS REGULATION 2002 - REG 4 Proceedings of Board at ordinary meetings 4 Proceedings of Board at ordinary meetings (1) Unless otherwise determined by the Board, a meeting of the Board is to be held each month. (2) However, at least 8 meetings of the Board must be held during any period of 12 months. (3) The Registrar must give each member at least 3 days’ notice in writing of the time and place of a meeting, together with a copy of the agenda for the meeting. CHIROPRACTORS REGULATION 2002 - REG 5 Special and urgent meetings 5 Special and urgent meetings (1) The President or any 3 members may, by notice in writing to the Registrar, call a special meeting of the Board, and any such special meeting is to be held within 7 days after the Registrar receives the notice. (2) The President may, by notice in writing to the Registrar, call an urgent meeting of the Board for any purpose, and any such urgent meeting is to be held within 3 days after the Registrar receives the notice. (3) The Registrar must give each member at least 24 hours’ notice in writing of the time and place of any special or urgent meeting. CHIROPRACTORS REGULATION 2002 - REG 6 Lack of quorum 6 Lack of quorum If at the expiration of 30 minutes after the time appointed for any meeting of the Board a quorum is not present, the meeting and all business stand adjourned to the next meeting or to such other date as may be fixed by the members present. CHIROPRACTORS REGULATION 2002 - REG 7 Advertising 7 Advertising A person must not advertise chiropractic services in a manner that: (a) is false, misleading or deceptive, or (b) creates an unjustified expectation of beneficial treatment, or (c) promotes the unnecessary or inappropriate use of chiropractic services. Maximum penalty: 10 penalty units. CHIROPRACTORS REGULATION 2002 - REG 8 Excluded offences 8 Excluded offences (1) Sections 20 (1) (a), 21 (1) (a) and 22 of the Act do not apply in respect of an excluded offence. (2) An excluded offence is not relevant for the purposes of clause 4 of Schedule 1 to the Act. (3) In this clause, "excluded offence" means any offence relating to the parking of motor vehicles or any offence under the road transport legislation (within the meaning of the Road Transport (General) Act 1999) except for the following offences: (a) an offence under section 42 (1) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle negligently on a road or road related area if the registered chiropractor is, by way of penalty, sentenced to imprisonment or fined a sum of not less than $200, (b) an offence under section 42 (2) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle on a road or road related area furiously, recklessly or at a speed or in a manner dangerous to the public, (c) any offence under section 19 (2) of the Road Transport (General) Act 1999 (which relates to refusing to comply with a requirement to produce a driver licence, or to state name and home address, or stating a false name and home address), (d) any offence under section 12 (1) of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to driving etc while under the influence of alcohol or any other drug), (e) any offence under section 25A (1), (2) or (3) of the Road Transport (Driver Licensing) Act 1998 (which relates to driving while unlicensed and other relevant matters), (f) any offence under section 70 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to failing to stop and give assistance after an accident), (g) any offence under section 9 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to presence of prescribed concentration of alcohol in person’s blood), (h) an offence under section 43 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to menacing driving), (i) any other offence under the road transport legislation if the court orders the disqualification of the registered chiropractor from holding a driver licence. CHIROPRACTORS REGULATION 2002 - REG 9 Additional information to be included in annual return 9 Additional information to be included in annual return For the purposes of section 20 (1) (l) of the Act, the following information is to be specified in a return: (a) the name of any insurer who has issued a policy of professional indemnity insurance to the registered chiropractor that is current at the time that the chiropractor furnishes the return, (b) the maximum amount for which the registered chiropractor is insured by such a policy of insurance. CHIROPRACTORS REGULATION 2002 - REG 10 Notice of mental incapacity of registered chiropractor 10 Notice of mental incapacity of registered chiropractor (1) For the purposes of section 23 of the Act, the person required to cause notice of mental incapacity to be given to the Registrar is: (a) in the case of a registered chiropractor who is a mentally incapacitated person and becomes a patient at an institution because of that incapacity—the medical superintendent of the institution, or (b) in the case of a registered chiropractor who is a mentally incapacitated person because of being a protected person under the Protected Estates Act 1983 —the Protective Commissioner. (2) Notice for the purposes of section 23 of the Act is to be given by telephone within 1 day, and by post within 7 days, after the registered chiropractor is admitted to the institution or becomes a protected person, and is to specify the following: (a) the name and residential address of the chiropractor, (b) the date on which the chiropractor was admitted to the institution at which the chiropractor is a patient or became a protected person. CHIROPRACTORS REGULATION 2002 - REG 11 Registrar not required to verify complaint by statutory declaration 11 Registrar not required to verify complaint by statutory declaration For the purposes of section 30 (2) (g) of the Act, the Registrar is prescribed as a person who is not required to verify a complaint to the Board by statutory declaration. CHIROPRACTORS REGULATION 2002 - REG 12 Appeal on point of law: section 77 12 Appeal on point of law: section 77 An appeal referred to in section 77 of the Act is to be made: (a) by causing a notice of appeal, specifying the grounds on which the appeal is made, to be given to the Chairperson (or, if a Deputy Chairperson is nominated under section 77 (1), to the Deputy Chairperson so nominated), and (b) by causing a copy of the notice of appeal to be given to each other party to the proceedings from which the appeal has arisen. CHIROPRACTORS REGULATION 2002 - REG 13 Qualification of chiropractor sitting on Tribunal 13 Qualification of chiropractor sitting on Tribunal For the purposes of section 101 (3) (b) of the Act, the prescribed qualification for a registered chiropractor appointed by the Board to sit on the Tribunal is 7 years standing as a registered chiropractor (which may include time as a chiropractor registered under the Chiropractors and Osteopaths Act 1991). CHIROPRACTORS REGULATION 2002 - REG 14 Fee for inspection of Register 14 Fee for inspection of Register For the purposes of clause 21 (4) of Schedule 1 to the Act, the prescribed fee (being the maximum amount for an inspection of the Register) is $20. CHIROPRACTORS REGULATION 2002 - REG 15 Fee for additional information to be recorded in Register 15 Fee for additional information to be recorded in Register For the purposes of clause 22 (3) of Schedule 1 to the Act, the prescribed fee (being the fee for recording additional particulars in the Register) is $20. CHIROPRACTORS REGULATION 2002 - REG 16 Repeal 16 Repeal The Chiropractors Transitional Regulation 2002 is repealed. CHIROPRACTORS REGULATION 2002 - NOTES Note: The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2007. CHIROPRACTORS REGULATION 2002 - NOTES Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Chiropractors Act 2001. Minister for Health CHIROPRACTORS REGULATION 2002 - NOTES Explanatory note This Regulation provides for certain matters under the Chiropractors Act 2001, including: (a) setting out procedures for meetings of the Chiropractors Registration Board ( "the Board"), and (b) prescribing certain information about insurance arrangements as information to be furnished in an annual return by a chiropractor, and (c) setting out procedures for appeals on a point of law where the Board deals with a complaint against a registered chiropractor, and (d) prescribing the qualifications for a chiropractor appointed to sit on the Chiropractors Tribunal, and (e) prescribing certain offences relating to traffic and parking as offences that are not required to be notified to the Board, and (f) setting out procedures for notifying that a registered chiropractor has become a mentally incapacitated person, and (g) providing for an offence relating to advertising chiropractic services, and (h) prescribing fees for inspection of the Register or recording additional information in the Register. This Regulation is made under the Chiropractors Act 2001, in particular sections 20, 21, 22, 23, 30, 77 and 101 and Schedules 1 and 2, and section 132 (the general regulation-making power). This Regulation comprises matters of a machinery nature and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public. CHIROPRACTORS REGULATION 2002 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________ |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| Table of amending instrumentsChiropractors Regulation 2002 published in Gazette No 124 of 31.7.2002, p 5698.