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Queensland
PSYCHOLOGISTS
REGISTRATION BILL 2000
Queensland
PSYCHOLOGISTS REGISTRATION BILL
2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Board's decisions to accord with decisions of certain bodies
under the Health Practitioners (Professional Standards) Act 1999 . . . . . . . 14
6 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Objects
7 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--PSYCHOLOGISTS BOARD OF QUEENSLAND
Division 1--Establishment and functions
9 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Board's independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
18 Certain nominee board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 22
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Leave of absence for a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Board business
27 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . 29
Division 7--Annual reports
37 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 8--Other provisions about the board
38 Board is statutory body under the Financial Administration and
Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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39 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subdivision 2--Eligibility for general registration
43 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 32
45 Fitness to practise the profession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 35
47 Appointment of appropriately qualified person to conduct health
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
48 Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 4--Decision on applications
51 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 6--Period of general registration
56 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 7--Conditions of general registration
57 Imposition of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
58 Relevant practical experience in the profession . . . . . . . . . . . . . . . . . . . . . . 43
59 Imposition of other conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
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60 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 8--Provisions relating to probationary registrants
61 Supervised practice program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
62 Certain registrants must have supervised practice plan . . . . . . . . . . . . . . . . 46
63 Board may require probationary registrant to produce plan . . . . . . . . . . . . . 47
64 Person ceasing to be supervisor must give report to board or
nominated person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 3--Provisional general registration
65 Meaning of "authorised person" for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
66 Provisional general registration of person on probationary conditions . . . . 48
67 Confirmation or cancellation of provisional general registration . . . . . . . . . 50
68 Procedure after cancellation of provisional general registration . . . . . . . . . 50
69 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 50
70 Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
71 Board decides to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
72 Board decides to refuse to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
73 Deemed refusal by board to register provisional general registrant
as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
74 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 2--Applications for renewal of general registrations
75 Notification of imminent expiry of registration . . . . . . . . . . . . . . . . . . . . . . . 53
76 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
77 General registration taken to be in force while application is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Subdivision 3--Decision on applications
78 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
79 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
80 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . 56
81 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . 57
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Division 5--Restoration of general registrations
82 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
83 When an application for restoration of a general registration may
be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
84 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
85 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
86 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
87 When recency of practice conditions take effect . . . . . . . . . . . . . . . . . . . . . 59
Division 6--Cancellation of general registrations
88 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
89 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
90 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 60
91 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 61
92 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
93 Return of cancelled certificate of general registration to board . . . . . . . . . 61
Division 7--Reviewing probationary conditions on general
registrations
94 Review of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
95 Registrant to give notice about completion of program to board . . . . . . . . . 62
96 Board to give notice to supervisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
97 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
98 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
99 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
100 Failure by board to make decision on application . . . . . . . . . . . . . . . . . . . . 65
101 When additional conditions end . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
102 Amendment of, or replacing, certificates of general registration . . . . . . . . 66
Division 8--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or
District Court
103 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
104 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
105 Review of conditions during review period . . . . . . . . . . . . . . . . . . . . . . . . . . 68
106 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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107 Application of ss 4750 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
108 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
109 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
110 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
111 Failure by board to make decision on application . . . . . . . . . . . . . . . . . . . . 71
112 Failure by board to make decision on review agreed to under s 105 . . . . . 72
113 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 73
Subdivision 2--Recording change, or removal, of conditions
114 Amendment of, or replacing, certificates of general registration . . . . . . . . 73
Division 9--Special purpose registrations
Subdivision 1--Applications for special purpose registration
115 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 74
116 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
117 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
118 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 75
119 Suitability to be a special purpose registrant . . . . . . . . . . . . . . . . . . . . . . . . 76
120 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
121 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
122 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
123 Provisional special purpose registration of a person . . . . . . . . . . . . . . . . . . . 77
Subdivision 2--Renewal of special purpose registrations
124 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
125 Matters that may be considered in deciding whether to renew
special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
126 Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
127 Period of renewed special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 79
Subdivision 3--Cancellation of special purpose registrations
128 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
129 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Subdivision 4--Removal of conditions
130 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 10--General provisions about registrations
131 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 81
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132 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
133 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 82
134 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 82
135 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
136 Notification of certain events to interstate regulatory authorities
and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
137 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
138 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
139 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 86
140 Restrictions on special purpose registrants, provisional general
registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . 86
141 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 87
Division 2--Notification of business names and other details
142 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
143 Notification of change in business names etc. . . . . . . . . . . . . . . . . . . . . . . . 88
Division 3--Advertising
144 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
145 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 4--Registrants' autonomy
146 Aiding, abetting etc. conduct that is a ground for disciplinary action . . . . . 90
Division 5--Court orders and injunctions
147 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 90
148 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 6--Reprisals
149 Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
150 Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
151 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Division 7--Other provisions
152 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . 95
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PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
153 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
154 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
155 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 2--Appointment of inspectors and other matters
156 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
157 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
158 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
159 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
160 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 97
Division 3--Powers of inspectors
Subdivision 1--Entry of places
161 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Subdivision 2--Procedure for entry
162 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
163 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
164 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
165 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
166 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Subdivision 3--Powers after entry
167 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
168 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
169 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Subdivision 4--Power to seize evidence
170 Seizing evidence at a place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
171 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
172 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
173 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
174 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
175 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
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176 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
177 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
178 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
179 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
180 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Subdivision 5--Power to obtain information
181 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
182 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
183 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
184 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
185 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 4--General enforcement matters
186 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
187 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
188 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
189 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
190 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
191 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
PART 6--APPEALS
192 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
193 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
194 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
195 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
196 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
197 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
198 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
199 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
200 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 2--Proceedings
201 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
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202 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
203 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 119
204 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 119
205 Allegations of false or misleading information or documents . . . . . . . . . . . 119
206 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
207 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 120
208 Executive officers must ensure corporation complies with Act . . . . . . . . . . 120
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
209 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
210 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 2--Records to be kept
211 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 3--Information
212 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
213 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 125
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
214 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
215 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 125
216 Health records forming part of deceased estate . . . . . . . . . . . . . . . . . . . . . . 126
217 Health records of persons convicted of an offence against
s 137(1) or (6) or 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
218 Dealing with certain health records seized under s 170 or 171 . . . . . . . . . . 127
219 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
220 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 2--Continuing professional education of registrants
221 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 3--Declared events
222 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
223 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
224 Deemed general registration of visiting practitioners . . . . . . . . . . . . . . . . . . 129
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Division 4--Other provisions
225 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
226 Protection for persons supervising probationary registrants . . . . . . . . . . . . . 131
227 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 131
228 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 132
229 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
230 Board to keep list of approved qualifications . . . . . . . . . . . . . . . . . . . . . . . . 132
231 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
232 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
233 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
PART 10--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
234 Repeal of Psychologists Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Division 2--Transitional provisions
235 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
236 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 134
237 Board is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
238 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
239 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
240 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
241 Dealing with matter under Health Practitioners (Professional
Standards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
242 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
243 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
244 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . 137
245 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
246 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
247 Review of conditions imposed under repealed Act . . . . . . . . . . . . . . . . . . . . 140
248 Existing applications for certain column 1 registrations . . . . . . . . . . . . . . . . 140
249 Existing applications for restoration of certain column 1 registrations . . . . 141
250 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
251 Approval of business names under repealed Act . . . . . . . . . . . . . . . . . . . . . . 142
252 Sections 142 and 145 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 142
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253 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
254 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
PART 11--CONSEQUENTIAL AMENDMENTS
255 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 145
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 147
CONSEQUENTIAL AMENDMENTS OF ACTS
CORRECTIVE SERVICES ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
EXPLOSIVES ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 149
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT
1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
WEAPONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 151
DICTIONARY
2000
A BILL
FOR
An Act to provide for the registration of psychologists, and for other
purposes
s1 14 s5
Psychologists Registration
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Psychologists Registration Act 2000. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
Division 2--Operation of Act 8
binds all persons 9
Act
3.(1) This Act binds all persons, including the State. 10
(2) Nothing in this Act makes the State liable to be prosecuted for an 11
offence. 12
legislative scheme 13
The
4. This Act is part of a legislative scheme (the "legislative scheme") 14
consisting of the health practitioner registration Acts, the Health 15
Practitioner Registration Boards (Administration) Act 1999 and the Health 16
Practitioners (Professional Standards) Act 1999. 17
decisions to accord with decisions of certain bodies under the 18
Board's
Health Practitioners (Professional Standards) Act 1999 19
5.(1) This section applies if the board is making-- 20
s6 15 s7
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(a) a decision on an application for registration; or 1
(b) a decision, under this Act, affecting a registrant's registration. 2
(2) The decision must comply with, and be consistent with, any decision 3
of the board, a disciplinary committee, a professional conduct review panel, 4
the Health Practitioners Tribunal or the Court of Appeal, affecting the 5
applicant or registration, under the Health Practitioners (Professional 6
Standards) Act 1999. 7
recognition legislation not affected 8
Mutual
6. This Act does not affect the operation of the Mutual Recognition 9
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 10
(Queensland) Act 1999. 11
Division 3--Objects 12
of Act 13
Objects
7.(1) The objects of this Act are-- 14
(a) to protect the public by ensuring health care is delivered by 15
registrants in a professional, safe and competent way; and 16
(b) to uphold the standards of practice within the profession; and 17
(c) to maintain public confidence in the profession. 18
(2) The objects are to be achieved mainly by-- 19
(a) establishing the Psychologists Board of Queensland; and 20
(b) providing for the registration of persons under this Act; and 21
(c) imposing obligations on persons in relation to the practice of the 22
profession; and 23
(d) providing for compliance with this Act to be monitored and 24
enforced. 25
s8 16 s 11
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4--Interpretation 1
Division
2
Definitions
8. The dictionary in schedule 3 defines particular words used in this Act. 3
ART 2--PSYCHOLOGISTS BOARD OF 4
P
QUEENSLAND 5
1--Establishment and functions 6
Division
of board 7
Establishment
9.(1) The Psychologists Board of Queensland is established. 8
(2) The board-- 9
(a) is a body corporate; and 10
(b) has a common seal; and 11
(c) may sue and be sued in its corporate name. 12
relationship with the State 13
Board's
10. The board does not represent the State. 14
of board 15
Functions
11. The board has the following functions-- 16
(a) to assess applications for registration; 17
(b) to register persons who satisfy the requirements for registration; 18
(c) to monitor, and assess, whether registrants comply with any 19
conditions of registration; 20
(d) to keep a register of, and records relating to, registrants; 21
s 11 17 s 11
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(e) to promote high standards of practice of the profession by 1
registrants; 2
(f) to develop or adopt programs for the continuing professional 3
education of registrants, and encourage their participation in the 4
programs; 5
(g) to develop or adopt training programs in the practice of the 6
profession that are relevant to a person's eligibility for 7
registration; 8
9
Example of `training programs'--
10
Refresher courses for persons who have not practised the profession for
11
a number of years.
(h) to confer and cooperate with interstate regulatory authorities; 12
(i) to confer and cooperate with entities engaged in the development 13
of national policies about the regulation of the profession; 14
(j) to confer and cooperate with the following entities about the 15
education of persons in the practice of the profession-- 16
(i) educational institutions; 17
(ii) entities responsible for accrediting courses, or accrediting 18
institutions to educate persons, for the profession; 19
(k) to inform registrants and the public about the operation of the 20
legislative scheme in its application to the profession; 21
(l) to examine, and advise the Minister about, the operation of the 22
legislative scheme in its application to the profession; 23
(m) to monitor, and enforce, compliance with this Act; 24
(n) to undertake research, relevant to the legislative scheme, into the 25
regulation of the profession; 26
(o) to collect, and give to persons, information about the practice of 27
the profession by registrants; 28
29
Example of `information about the practice of the profession by
30
registrants'--
31
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 32
s 12 18 s 13
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another Act. 1
2
Example for paragraph (p)--
3
Under the Health Practitioners (Professional Standards) Act 1999,
4
section 374, the board may develop codes of practice, or adopt another
5
entity's code of practice, to provide guidance to registrants as to
6
appropriate professional conduct or practice.
independence etc. 7
Board's
12. In performing its functions, the board is to act independently, 8
impartially and in the public interest. 9
of board 10
Powers
13.(1) The board has all the powers of an individual, and may, for 11
example-- 12
(a) enter into contracts; and 13
(b) enter into service agreements; and 14
(c) acquire, hold, dispose of, and deal with, property; and 15
(d) appoint agents and attorneys; and 16
(e) engage consultants; and 17
(f) fix charges, and other terms, for services and other facilities it 18
supplies; and 19
(g) do anything else necessary or convenient to be done for, or in 20
connection with, its functions. 21
(2) This section does not authorise the board to obtain administrative and 22
operational support other than as required by the Health Practitioner 23
Registration Boards (Administration) Act 1999. 24
(3) Without limiting subsection (1), the board has the powers given to it 25
under this or another Act. 26
(4) The board may exercise its powers inside or outside Queensland. 27
(5) Without limiting subsection (4), the board may exercise its powers 28
outside Australia. 29
s 14 19 s 15
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by board 1
Delegation
14.(1) The board may delegate its powers under this Act to-- 2
(a) a member; or 3
(b) a committee of the board consisting of appropriately qualified 4
persons, 1 of whom must be a member; or 5
(c) the executive officer; or 6
(d) with the agreement of the executive officer--an appropriately 7
qualified member of the office's staff. 8
(2) However, the board may not delegate its power under this Act-- 9
(a) to decide to register, or refuse to register, an applicant for 10
registration; or 11
(b) to decide to refuse to renew a renewable registration; or 12
(c) to decide to refuse to restore a renewable registration; or 13
(d) to decide to cancel a registration; or 14
(e) to decide to impose, or remove, conditions on a registration; or 15
(f) to enter into a service agreement. 16
(3) In this section-- 17
"appropriately qualified" includes having the qualifications, experience or 18
standing appropriate to exercise the power. 19
20
Example of `standing' for a member of the office's staff--
21
The staff member's classification level in the office.
2--Membership 22
Division
of board 23
Membership
15.(1) The board consists of at least 7, but not more than 11, members 24
appointed by the Governor in Council. 25
(2) The board must include-- 26
(a) persons who are general registrants (the "registrant members"); 27
and 28
s 16 20 s 16
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(b) persons (the "public members") having an interest in, and 1
knowledge of, consumer health issues who are not, and have not 2
been-- 3
(i) registered under a health practitioner registration Act or an 4
earlier corresponding Act; or 5
(ii) registered or enrolled under the Nursing Act 1992 or an 6
earlier corresponding Act; or 7
(iii) registered or enrolled under a law applying, or that applied, 8
in another State or foreign country that provides, or 9
provided, for the same matter as a health practitioner 10
registration Act or the Nursing Act 1992 or a provision of the 11
Act; and 12
(c) 1 lawyer nominated by the Minister. 13
(3) Also, the Minister may nominate persons who do not belong to the 14
categories of persons mentioned in subsection (2) to be members. 15
(4) A majority of the members must be registrant members. 16
(5) In this section-- 17
"earlier corresponding Act", in relation to a health practitioner registration 18
Act, means an earlier Act that provided for the same matter as the 19
health practitioner registration Act or a provision of the health 20
practitioner registration Act. 21
"earlier corresponding Act", in relation to the Nursing Act 1992, means 22
an earlier Act that provided for the same matter as the Nursing Act 23
1992 or a provision of the Nursing Act 1992. 24
members 25
Registrant
16. The registrant members must consist of-- 26
(a) at least 2 general registrants nominated by the bodies the Minister 27
considers represent the interests of registrants; and 28
(b) if there are educational institutions established in the State--1 29
general registrant nominated by the governing bodies of the 30
institutions chosen by the Minister; and 31
(c) at least 1 general registrant nominated by the Minister. 32
s 17 21 s 18
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members 1
Public
17. The public members must consist of-- 2
(a) at least 1 person nominated by community groups and other 3
entities the Minister considers have an interest in consumer health 4
issues; and 5
(b) at least 1 other person nominated by the Minister. 6
nominee board members 7
Certain
18.(1) This section applies for the nomination of a person or persons for 8
a position or positions on the board under section 16(a) or (b) or 17(a). 9
(2) The Minister must give the entities who may make the nomination 10
notice stating a reasonable period within which they may nominate the 11
person or persons for the position or positions. 12
(3) The Minister may in the notice ask the entities to nominate more than 13
the required number of persons for the position or positions. 14
(4) Subject to subsections (5) and (6), if the entities nominate more than 15
the required number of persons for the position or positions-- 16
(a) the Minister must choose the nominee or nominees for the 17
position or positions from the nominations; and 18
(b) the person or persons chosen are taken to be the nominee or 19
nominees, under the relevant provision mentioned in 20
subsection (1), for the position or positions. 21
(5) Subsection (6) applies if-- 22
(a) the entities do not nominate a person or persons for the position 23
or positions within the period stated in the notice; or 24
(b) the entities nominate a number of persons for the position or 25
positions that is less than the number requested by the Minister 26
under subsection (3); or 27
(c) the person or any of the persons nominated by the entities are not 28
eligible to be appointed to the position or positions concerned. 29
(6) The Minister must nominate a person or persons eligible to be 30
appointed to the position or positions and the nomination or nominations are 31
s 19 22 s 21
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taken to have been made by the entities. 1
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 2
nomination under subsection (6) may be of, or include, a person or persons 3
nominated by the entities. 4
and deputy chairperson of board 5
Chairperson
19.(1) The Governor in Council is to appoint a registrant member to be 6
the chairperson, and another registrant member to be the deputy 7
chairperson, of the board. 8
(2) A person may be appointed as the chairperson or deputy chairperson 9
at the same time the person is appointed as a member. 10
(3) The chairperson or deputy chairperson holds office for the term 11
decided by the Governor in Council, unless the person's term of office as a 12
member ends sooner than the person's term of office as chairperson or 13
deputy chairperson. 14
(4) A vacancy occurs in the office of chairperson or deputy chairperson if 15
the person holding the office resigns the office by signed notice of 16
resignation given to the Minister or ceases to be a registrant member. 17
(5) However, a person resigning the office of chairperson or deputy 18
chairperson may continue to be a member. 19
(6) The deputy chairperson is to act as chairperson-- 20
(a) during a vacancy in the office of chairperson; and 21
(b) during all periods when the chairperson is absent from duty or, 22
for another reason, can not perform the functions of the office. 23
of appointment 24
Term
20. A member is to be appointed for a term of not more than 4 years. 25
from membership 26
Disqualification
21.(1) A person can not become, or continue as, a member if the 27
person-- 28
(a) is affected by bankruptcy action; or 29
s 22 23 s 22
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(b) is, or has been, convicted of an indictable offence; or 1
(c) is, or has been, convicted of an offence against this Act. 2
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 3
person-- 4
(a) is bankrupt; or 5
(b) has compounded with creditors; or 6
(c) has otherwise taken, or applied to take, advantage of any law 7
about bankruptcy. 8
of office 9
Vacation
22.(1) A member is taken to have vacated office if the member-- 10
(a) resigns his or her position on the board by signed notice of 11
resignation given to the Minister; or 12
(b) can not continue as a member under section 21; or 13
(c) is absent without the board's permission from 3 consecutive 14
meetings of the board of which due notice has been given. 15
(2) Also, a member is taken to have vacated office in any of the 16
following circumstances-- 17
(a) if the member is a registrant member--the member stops being a 18
general registrant; 19
(b) if the member is a public member--the member stops being a 20
person mentioned in section 15(2)(b); 21
(c) if the member was nominated, for membership of the board, 22
under section 15(2)(c)--the member stops being a lawyer. 23
(3) In this section-- 24
"meeting" means the following-- 25
(a) if the member does not attend--a meeting with a quorum present; 26
(b) if the member attends--a meeting with or without a quorum 27
present. 28
s 23 24 s 26
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notice of resignation takes effect 1
When
23. A notice of resignation under section 19(4) or 22(1)(a) takes effect 2
when the notice is given to the Minister or, if a later time is stated in the 3
notice, the later time. 4
of absence for a member 5
Leave
24.(1) The Minister may approve a leave of absence for a member (the 6
"approved absent member") of more than 3 months. 7
(2) The Minister may appoint another person to act in the office of the 8
approved absent member while the member is absent on the approved 9
leave. 10
(3) A person appointed under subsection (2) must belong to the same 11
category of persons mentioned in section 15(2) or (3) to which the approved 12
absent member belongs. 13
(4) If the approved absent member is the deputy chairperson, the 14
Minister may appoint another registrant member to act in the deputy 15
chairperson's office while the deputy chairperson is absent on the approved 16
leave. 17
of vacancy in membership of board 18
Effect
25.(1) Subsection (2) applies despite sections 15 to 17.1 19
(2) The performance of a function, or exercise of a power, by the board is 20
not affected merely because of a vacancy in the membership of the board. 21
of members 22
Remuneration
26. A member is entitled to be paid the fees and allowances decided by 23
the Governor in Council. 24
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 27 25 s 31
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3--Board business 1
Division
onduct of business 2
C
27. Subject to this division, the board may conduct its business, including 3
its meetings, in the way it considers appropriate. 4
and places of meetings 5
Times
28.(1) Board meetings are to be held at the times and places the 6
chairperson decides. 7
(2) However, the chairperson must call a meeting if asked, in writing, to 8
do so by the Minister or at least the number of members forming a quorum 9
for the board. 10
uorum 11
Q
29. A quorum for the board is the number equal to one-half of the 12
number of its members or, if one-half is not a whole number, the next 13
highest whole number. 14
at meetings 15
Presiding
30.(1) The chairperson is to preside at all meetings of the board at which 16
the chairperson is present. 17
(2) If the chairperson is absent from a board meeting, but the deputy 18
chairperson is present, the deputy chairperson is to preside. 19
(3) If the chairperson and deputy chairperson are both absent from a 20
board meeting or the offices are vacant, a registrant member chosen by the 21
members present is to preside. 22
of meetings 23
Conduct
31.(1) A question at a board meeting is decided by a majority of the votes 24
of the members present. 25
(2) Each member present at the meeting has a vote on each question to be 26
s 32 26 s 32
Psychologists Registration
decided and, if the votes are equal, the member presiding also has a casting 1
vote. 2
(3) A member present at the meeting who abstains from voting is taken 3
to have voted for the negative. 4
(4) The board may hold meetings, or allow members to take part in its 5
meetings, by using any technology allowing reasonably contemporaneous 6
and continuous communication between members taking part in the 7
meeting. 8
9
Example of `technology allowing reasonably contemporaneous and continuous
10
communication'--
11
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 12
taken to be present at the meeting. 13
(6) A resolution is validly made by the board, even if it is not passed at a 14
board meeting, if-- 15
(a) a majority of the board members gives written agreement to the 16
resolution; and 17
(b) notice of the resolution is given under procedures approved by the 18
board. 19
inutes 20
M
32.(1) The board must keep-- 21
(a) minutes of its meetings; and 22
(b) a record of any resolutions made under section 31(6). 23
(2) Subsection (3) applies if a resolution is passed at a board meeting by 24
a majority of the members present. 25
(3) If asked by a member who voted against the passing of the 26
resolution, the board must record in the minutes of the meeting that the 27
member voted against the resolution. 28
s 33 27 s 35
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4--Board committees 1
Division
2
Committees
33.(1) The board may establish committees of the board for effectively 3
and efficiently performing its functions. 4
(2) A committee may include a person who is not a member of the 5
board. 6
(3) The board is to decide the terms of reference of a committee. 7
(4) The functions of a committee are to-- 8
(a) advise and make recommendations to the board about matters, 9
within the scope of the board's functions, referred by the board to 10
the committee; and 11
(b) exercise powers delegated to it by the board.2 12
(5) A committee must keep a record of the decisions it makes when 13
exercising a power delegated to it by the board. 14
(6) The board may decide matters about a committee that are not 15
provided for under this Act, including, for example, the way a committee 16
must conduct meetings. 17
of committee members 18
Remuneration
34. A committee member is entitled to be paid the fees and allowances 19
decided by the Governor in Council. 20
Division 5--Disclosure of interests by board members and committee 21
members 22
of interests 23
Disclosure
35.(1) This section applies to a board or committee member (the 24
"interested person") if-- 25
2 See section 14 for the board's power of delegation.
s 35 28 s 35
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(a) the interested person has a direct or indirect interest in an issue 1
being considered, or about to be considered, by the board or 2
committee; and 3
(b) the interest could conflict with the proper performance of the 4
person's duties about the consideration of the issue. 5
(2) As soon as practicable after the relevant facts come to the interested 6
person's knowledge, the person must disclose the nature of the interest to a 7
board or committee meeting. 8
(3) Unless the board or committee otherwise directs, the interested 9
person must not-- 10
(a) be present when the board or committee considers the issue; or 11
(b) take part in a decision of the board or committee about the issue. 12
(4) The interested person must not be present when the board or 13
committee is considering whether to give a direction under subsection (3). 14
(5) If there is another person who must, under subsection (2), also 15
disclose an interest in the issue, the other person must not-- 16
(a) be present when the board or committee is considering whether to 17
give a direction under subsection (3) about the interested person; 18
or 19
(b) take part in making the decision about giving the direction. 20
(6) If-- 21
(a) because of this section, a board or committee member is not 22
present at a board or committee meeting for considering or 23
deciding an issue, or for considering or deciding whether to give a 24
direction under subsection (3); and 25
(b) there would be a quorum if the member were present; 26
the remaining persons present are a quorum of the board or committee for 27
considering or deciding the issue, or for considering or deciding whether to 28
give the direction, at the meeting. 29
(7) A disclosure under subsection (2) must be recorded in the board's or 30
committee's minutes. 31
(8) If the interested person is a registrant member, the person does not 32
s 36 29 s 37
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have a direct or indirect interest in an issue if the interest arises merely 1
because the person is a registrant. 2
Division 6--Directions by Minister 3
power to give directions in the public interest 4
Minister's
36.(1) The Minister may give the board a written direction about a matter 5
relevant to the performance of its functions under this Act if the Minister is 6
satisfied it is necessary to give the direction in the public interest. 7
(2) Without limiting subsection (1), the direction may be to-- 8
(a) give reports and information; or 9
(b) apply to the board a policy, standard or other instrument applying 10
to a public sector unit. 11
(3) The direction can not be about-- 12
(a) the registering of, or refusal to register, an applicant for 13
registration; or 14
(b) the renewing of, or refusal to renew, a renewable registration; or 15
(c) the restoring of, or refusal to restore, a renewable registration; or 16
(d) the cancelling of a registration; or 17
(e) the imposing, or removal, of conditions on a registration. 18
(4) Despite section 12,3 the board must comply with the direction. 19
Division 7--Annual reports 20
to be included in annual report 21
Matters
37.(1) The board's annual report under the Financial Administration and 22
Audit Act 1977 for a financial year must include the following-- 23
(a) copies of all ministerial directions given to the board under 24
3 Section 12 (Board's independence etc.)
s 38 30 s 39
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section 36 during the financial year; 1
(b) the number of registrants at the end of the financial year; 2
(c) details of the amount of the board's funds spent, in the financial 3
year, on investigations and inspections under part 5;4 4
(d) details of the amount of the board's funds spent, in the financial 5
year, on developing or adopting training programs in the practice 6
of the profession that are relevant to a person's eligibility for 7
registration; 8
(e) details of the amount of the board's funds spent in the financial 9
year on research, relevant to the legislative scheme, into the 10
regulation of the profession; 11
(f) details of any policies or programs developed, or initiatives taken, 12
by the board in the financial year for the general benefit of users 13
of registrants' services. 14
(2) However, the board must exclude from the copies mentioned in 15
subsection (1)(a) all information likely to identify a person mentioned in the 16
direction. 17
Division 8--Other provisions about the board 18
is statutory body under the Financial Administration and 19
Board
Audit Act 1977 20
38. The board is a statutory body under the Financial Administration and 21
Audit Act 1977. 22
is statutory body under the Statutory Bodies Financial 23
Board
Arrangements Act 1982 24
39.(1) The board is a statutory body under the Statutory Bodies Financial 25
Arrangements Act 1982. 26
4 Part 5 (Investigation and enforcement)
s 40 31 s 42
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(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 sets 1
out the way in which the board's powers under this Act are affected by the 2
Statutory Bodies Financial Arrangements Act 1982. 3
common seal 4
Board's
40. The board's common seal is to be kept in the custody of a person 5
nominated by the board and may be used only as authorised by the board. 6
PART 3--REGISTRATION 7
Division 1--Preliminary 8
may apply for registration 9
Who
41. Only an individual may apply for registration. 10
2--Applications for general registration 11
Division
Subdivision 1--Applications 12
requirements for applications 13
Procedural
42.(1) An application for general registration must-- 14
(a) be made to the board; and 15
(b) be in the approved form; and 16
(c) be accompanied by-- 17
(i) satisfactory evidence of relevant qualifications; and 18
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 43 32 s 44
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(ii) the application fee prescribed under a regulation (the 1
"application fee"); and 2
(iii) the registration fee prescribed under a regulation (the 3
"registration fee"); and 4
(iv) any other documents, identified in the approved form, the 5
board reasonably requires; and 6
(v) if the applicant is registered under a corresponding law, 7
written details of any conditions of the registration. 8
(2) Information in the application must, if the approved form requires, be 9
verified by a statutory declaration. 10
2--Eligibility for general registration 11
Subdivision
12
Eligibility
43.(1) An applicant for general registration is eligible for general 13
registration if-- 14
(a) the applicant is qualified for general registration under section 44; 15
and 16
(b) the applicant is fit to practise the profession. 17
(2) Without limiting subsection (1), the board may be satisfied the 18
applicant is eligible for general registration by imposing conditions on the 19
registration under section 59.6 20
(3) Also, section 577 states when an applicant's general registration must 21
be subject to probationary conditions. 22
applicant is qualified for general registration 23
When
44.(1) An applicant for general registration is qualified for general 24
registration if-- 25
6 Section 59 (Imposition of other conditions by board)
7 Section 57 (Imposition of probationary conditions)
s 44 33 s 44
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(a) the applicant has an approved qualification; or 1
(b) the applicant has a qualification that is substantially equivalent to, 2
or based on similar competencies to that required for, a current 3
approved qualification; or 4
(c) the applicant has passed a qualifying examination in the 5
profession set by or for, or recognised by, the board. 6
(2) In deciding whether subsection (1)(b) is satisfied, the board may have 7
regard to the following-- 8
(a) the advice and recommendations of-- 9
(i) an entity recognised by the board as competent to assess 10
qualifications in the profession; or 11
(ii) an entity responsible for accrediting courses, or accrediting 12
institutions to educate persons, for the profession; 13
(b) the attributes of the course leading to the applicant's qualification; 14
15
Example of `attributes' of a course--
16
The course objectives and competencies.
(c) any other relevant issue. 17
(3) In this section-- 18
"approved qualification" means-- 19
(a) a qualification that-- 20
(i) is conferred or awarded as a result of the successful 21
completion of a course offered by an Australian or New 22
Zealand educational institution; and 23
(ii) meets the minimum requirements prescribed under a 24
regulation; and 25
(iii) has been approved by the board as enabling a person to gain 26
the skills necessary to competently and safely practise the 27
profession; or 28
(b) a qualification that is prescribed under a regulation. 29
"current approved qualification" means an approved qualification that 30
may be conferred or awarded as a result of the successful completion 31
s 45 34 s 45
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of a course offered, at the date of the applicant's application for general 1
registration, by the educational institution mentioned in relation to the 2
qualification in the approval or regulation. 3
to practise the profession 4
Fitness
45.(1) In deciding whether an applicant for general registration is fit to 5
practise the profession, the board may have regard to the following-- 6
(a) the applicant's mental and physical health; 7
(b) the applicant's command of the English language; 8
(c) whether the applicant has been convicted of an indictable offence; 9
(d) whether the applicant has been convicted of an offence against the 10
repealed Act, this Act, the Health Practitioners (Professional 11
Standards) Act 1999 or a corresponding law; 12
(e) whether the applicant has been convicted of an offence, relating to 13
the practice of the profession, against a law applying, or that 14
applied, in the State, the Commonwealth, another State or a 15
foreign country (other than laws mentioned in paragraph (d)), 16
including, for example an offence of that type against-- 17
(i) the Health Act 1937; or 18
(ii) the Fair Trading Act 1989; 19
(f) if the applicant has been registered under this Act or the repealed 20
Act or is, or has been, registered under a corresponding law and 21
the registration was affected-- 22
(i) by the imposition of a condition--the nature of the condition 23
and the reason for its imposition; or 24
(ii) by its suspension or cancellation--the reason for its 25
suspension or cancellation; or 26
(iii) in another way--the way it was affected and the reason for it 27
being affected; 28
(g) if the qualification relied on by the applicant to obtain registration 29
was conferred or awarded on a day (the "qualification day") that 30
is more than 3 years before the date of application, the nature, 31
extent and period of any practice of the profession by the applicant 32
s 46 35 s 46
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since the qualification day; 1
(h) any other issue relevant to the applicant's ability to competently 2
and safely practise the profession. 3
(2) For subsection (1)(g)-- 4
(a) the passing of an examination mentioned in section 44(1)(c) is 5
taken to be a qualification; and 6
(b) the day the examination was passed is taken to be the qualification 7
day. 8
(3) The board may ask the commissioner of the police service for a 9
written report about an applicant's criminal history. 10
(4) If asked by the board, the commissioner of the police service must 11
give the board a written report about the criminal history of the applicant, 12
including the criminal history in the commissioner's possession or to which 13
the commissioner has access. 14
(5) In this section-- 15
"criminal history", of an applicant, means the applicant's criminal history 16
within the meaning of the Criminal Law (Rehabilitation of Offenders) 17
Act 1986. 18
3--Inquiries into applications 19
Subdivision
powers before deciding applications 20
Board's
46.(1) Before deciding the application, the board-- 21
(a) may investigate the applicant; and 22
(b) may, by notice given to the applicant, require the applicant to give 23
the board, within a reasonable time of at least 30 days stated in the 24
notice, further information or a document the board reasonably 25
requires to decide the application; and 26
(c) may, by notice given to the applicant, require the applicant to 27
undergo a written, oral or practical examination within a 28
reasonable time of at least 30 days stated in the notice, and at a 29
reasonable place; and 30
s 47 36 s 47
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(d) may, by notice given to the applicant, require the applicant to 1
undergo a health assessment within a reasonable time of at least 2
30 days stated in the notice, and at a reasonable place. 3
(2) The board may require the information or document mentioned in 4
subsection (1)(b) to be verified by a statutory declaration. 5
(3) The purpose of an examination under subsection (1)(c) must be to 6
assess the applicant's ability to competently and safely practise the 7
profession. 8
(4) The purpose of an assessment under subsection (1)(d) must be to 9
assess the applicant's mental and physical capacity to competently and 10
safely practise the profession. 11
(5) The applicant is taken to have withdrawn the application if, within the 12
stated time, the applicant-- 13
(a) does not comply with a requirement under subsection (1)(b); or 14
(b) does not undergo an examination under subsection (1)(c); or 15
(c) does not undergo an assessment under subsection (1)(d). 16
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 17
applicant within 60 days after the board receives the application. 18
(7) Also, a notice under subsection (1)(d) must state-- 19
(a) the reason for the assessment; and 20
(b) the name and qualifications of the person appointed by the board 21
to conduct the assessment; and 22
(c) the place where, and the day and time at which, the assessment is 23
to be conducted. 24
of appropriately qualified person to conduct health 25
Appointment
assessment 26
47.(1) This section applies if the board believes it is necessary for the 27
applicant to undergo a health assessment under section 46(1)(d). 28
(2) The board may appoint 1 or more appropriately qualified persons to 29
conduct the assessment, in whole or part. 30
(3) At least 1 of the persons appointed to conduct the assessment must be 31
s 48 37 s 49
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a medical practitioner. 1
(4) Before appointing a person to conduct a health assessment, the board 2
must be satisfied the person does not have a personal or professional 3
connection with the applicant that may prejudice the way in which the 4
person conducts the assessment. 5
(5) In this section-- 6
"appropriately qualified", for a medical practitioner or other person 7
conducting a health assessment, includes having the qualifications, 8
experience, skills or knowledge appropriate to conduct the assessment. 9
about health assessment 10
Report
48.(1) A person appointed under section 47 to conduct all or part of a 11
health assessment of the applicant must prepare a report about the 12
assessment (an "assessment report"). 13
(2) The assessment report must include-- 14
(a) the person's findings as to the applicant's mental and physical 15
capacity to competently and safely practise the profession; and 16
(b) if the person finds the applicant does not have the mental and 17
physical capacity to practise the profession, the person's 18
recommendations as to any conditions that could be imposed on 19
the applicant's registration as a general registrant to overcome the 20
incapacity. 21
(3) The person must give the assessment report to the board. 22
of assessment report 23
Use
49.(1) An assessment report is not admissible in any proceedings, other 24
than stated proceedings. 25
(2) A person can not be compelled to produce the report, or to give 26
evidence relating to the report or its contents, in any proceedings, other than 27
stated proceedings. 28
(3) Subsections (1) and (2) do not apply if the report is admitted or 29
produced, or evidence relating to the report or its contents is given, with the 30
consent of the person who prepared the report and the person to whom the 31
s 50 38 s 52
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report relates. 1
(4) In this section-- 2
"assessment report" includes a copy of the report, or a part of the report or 3
copy. 4
"proceedings under the Health Practitioners (Professional Standards) 5
Act 1999" includes a health assessment of a registrant by a health 6
assessment committee under that Act. 7
"stated proceedings" means-- 8
(a) a review of conditions under division 8;8 or 9
(b) an appeal started under part 6;9 or 10
(c) proceedings under the Health Practitioners (Professional 11
Standards) Act 1999, not including proceedings for an offence 12
against that Act. 13
for health assessments and reports 14
Payment
50. A person who conducts a health assessment and prepares an 15
assessment report for the board is entitled to be paid for his or her work by 16
the board. 17
Subdivision 4--Decision on applications 18
19
Decision
51. The board must consider the application and decide to register, or 20
refuse to register, the applicant as a general registrant. 21
to be taken after application decided 22
Steps
52.(1) If the board decides to register the applicant as a general registrant, 23
it must as soon as practicable issue a certificate of general registration to the 24
8 Division 8 (Reviewing conditions of general registrations)
9 Part 6 (Appeals)
s 53 39 s 53
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applicant. 1
(2) If the board decides to refuse to register the applicant as a general 2
registrant, it must as soon as practicable give the applicant an information 3
notice about the decision. 4
to decide applications 5
Failure
53.(1) Subject to subsections (2) and (3), if the board fails to decide the 6
application within 60 days after its receipt, the failure is taken to be a 7
decision by the board to refuse to register the applicant as a general 8
registrant. 9
(2) Subsection (3) applies if the board has-- 10
(a) under section 46(1)(b), 10 required the applicant to give the board 11
further information or a document; or 12
(b) under section 46(1)(c), required the applicant to undergo an 13
examination; or 14
(c) under section 46(1)(d), required the applicant to undergo a health 15
assessment. 16
(3) The board is taken to have decided to refuse to register the applicant 17
as a general registrant if it fails to decide the application by the latest of the 18
following days-- 19
(a) the day that is 60 days after the board receives the further 20
information or document; 21
(b) the day that is 60 days after the board receives the results of the 22
examination; 23
(c) the day that is 60 days after the board receives the assessment 24
report. 25
(4) This section does not apply if the applicant is registered as a 26
10 Section 46 (Board's powers before deciding applications)
s 54 40 s 54
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provisional general registrant.11 1
(5) This section is subject to section 54. 2
consideration of applications 3
Further
54.(1) This section applies if the board considers it needs further time to 4
make a decision on the application because of the complexity of the matters 5
that need to be considered in deciding the application. 6
7
Example of an application for general registration that may require the consideration of
8
complex matters--
9
An application requiring the board to obtain and consider information about the
10
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 11
notice to the applicant that-- 12
(a) because of the complexity of the matters that need to be 13
considered in deciding the application, the board needs further 14
time to decide the application; and 15
(b) the period within which the board must decide the application is 16
extended to a day (the "extended day") that is 60 days after the 17
final consideration day. 18
(3) Also, the applicant and board may at any time before the final 19
consideration day agree in writing on a day (the "agreed extended day") 20
by which the application is to be decided. 21
(4) The board is taken to have decided to refuse to register the applicant 22
as a general registrant if it does not decide the application by-- 23
(a) if subsection (2) applies--the extended day; or 24
(b) if subsection (3) applies--the agreed extended day; or 25
(c) if both subsections (2) and (3) apply--the later of the extended 26
day or agreed extended day. 27
11 If the applicant is registered as a provisional general registrant, section 73 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 55 41 s 55
Psychologists Registration
(5) Subsection (4) does not apply if the applicant is registered as a 1
provisional general registrant.12 2
(6) In this section-- 3
"final consideration day" means the latest of the following days-- 4
(a) the day that is 60 days after receipt of the application; 5
(b) if the board has, under section 46(1)(b), required the applicant to 6
give the board further information or a document--the day that is 7
60 days after the board receives the further information or 8
document; 9
(c) if the board has, under section 46(1)(c), required the applicant to 10
undergo an examination--the day that is 60 days after the board 11
receives the results of the examination; 12
(d) if the board has, under section 46(1)(d), required the applicant to 13
undergo a health assessment--the day that is 60 days after the 14
board receives the assessment report. 15
Subdivision 5--Information in certificates of general registration 16
of certificates of general registration 17
Forms
55.(1) A certificate of general registration must be in the approved form. 18
(2) The approved form must provide for the inclusion of the following-- 19
(a) the registrant's name; 20
(b) the period of the registration; 21
(c) any conditions of registration, including, for example, any 22
probationary conditions. 23
12 If the applicant is registered as a provisional general registrant, section 73 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 56 42 s 57
Psychologists Registration
6--Period of general registration 1
Subdivision
2
Period
56.(1) The period of registration that is to apply to general registrants is 3
the period (the "general registration period"), not more than 3 years, 4
prescribed under a regulation. 5
(2) If the board decides to register an applicant for general registration as 6
a general registrant during a general registration period, the registration 7
remains in force for the period-- 8
(a) commencing on the day when the board makes the decision; and 9
(b) ending on the last day of the general registration period. 10
Subdivision 7--Conditions of general registration 11
of probationary conditions 12
Imposition
57.(1) This section applies if-- 13
(a) the board decides to register an applicant for general registration 14
as a general registrant; and 15
(b) the applicant-- 16
(i) has not completed, to the board's satisfaction, the supervised 17
practice program for the profession; and 18
(ii) does not, in the board's reasonable opinion, have relevant 19
practical experience in the profession. 20
(2) The board must impose the following conditions on the registration-- 21
(a) for a registrant who has not, in the board's reasonable opinion, 22
practised in the profession-- 23
(i) that the registrant may practise the profession only in 24
accordance with the supervised practice program for the 25
profession; and 26
(ii) that the registrant must complete, to the board's satisfaction, 27
the supervised practice program within the period prescribed 28
s 58 43 s 58
Psychologists Registration
under a regulation; 1
(b) for a registrant who has practised in the profession but does not, 2
in the board's reasonable opinion, have relevant practical 3
experience-- 4
(i) that the registrant may practise the profession only in 5
accordance with the part of the supervised practice program 6
(the "partial program") decided by the board for the 7
registrant; and 8
(ii) that the registrant must complete, to the board's satisfaction, 9
the partial program within the period decided by the board. 10
(3) In deciding whether an applicant has practised in the profession, the 11
board may have regard only to practice undertaken by the applicant after 12
completing the qualification for registration. 13
(4) In deciding the part of the supervised practice program to be 14
completed, and the period within which it must be completed, the board 15
may have regard to the following-- 16
(a) the nature, extent and recency of any practice in the profession by 17
the applicant, including, for example, any practice undertaken as 18
part of a qualification in the profession the applicant has in 19
addition to the qualification for registration; 20
(b) any reports from persons who have supervised the applicant in 21
the practice of the profession. 22
(5) The board may have regard to practice mentioned in subsection (4)(a) 23
whether or not the practice has been undertaken under supervision. 24
(6) The board must as soon as practicable give the applicant an 25
information notice about the conditions. 26
(7) Despite subsection (6), if in the application the applicant does not 27
claim to have practised in the profession since obtaining the qualification for 28
registration, the applicant is not entitled to an information notice merely 29
because probationary conditions are imposed on the applicant's registration. 30
practical experience in the profession 31
Relevant
58.(1) An applicant has relevant practical experience in the profession if 32
s 59 44 s 59
Psychologists Registration
the applicant has experience in the practice of the profession that is 1
substantially equivalent to the nature and extent of the practice of the 2
profession provided under the supervised practice program. 3
(2) To remove doubt, it is declared that an applicant's experience in the 4
practice of the profession may be substantially equivalent to the practice of 5
the profession provided under the supervised practice program even if the 6
applicant's practice was not undertaken under the supervision of a registrant. 7
(3) In deciding whether an applicant has relevant practical experience in 8
the profession, the board may have regard to the following-- 9
(a) any qualifications in the profession the applicant has in addition to 10
the qualifications for general registration; 11
(b) the nature and extent of any practice in the profession by the 12
applicant since the applicant obtained the qualification for 13
registration; 14
(c) reports from persons who have supervised the applicant in the 15
practice of the profession; 16
(d) advice and recommendations about the applicant from an entity 17
recognised by the board as competent to assess the applicant's 18
ability to meet the competencies stated for the supervised practice 19
program; 20
(e) any other relevant issue. 21
of other conditions by board 22
Imposition
59.(1) In addition to any conditions imposed under section 57, the board 23
may decide to register an applicant for general registration as a general 24
registrant on conditions the board considers necessary or desirable for the 25
applicant to competently and safely practise the profession. 26
27
Example of conditions of general registration--
28
A condition prohibiting a general registrant engaging in stated procedures related
29
to the practice of the profession.
(2) If the board decides to register an applicant for general registration as 30
a general registrant on conditions, it must as soon as practicable-- 31
s 62 45 s 62
Psychologists Registration
(a) also decide the review period applying to the conditions;13 and 1
(b) give the applicant an information notice about the decisions. 2
(3) If the board decides to register an applicant for general registration as 3
a general registrant on conditions because of the applicant's mental and 4
physical health, it must also decide whether details of the conditions must be 5
recorded in the register for the period for which the conditions are in force. 6
(4) The board must decide not to record details of the conditions 7
mentioned in subsection (3) in the register unless it reasonably believes it is 8
in the interests of users of the registrant's services or the public to know the 9
details. 10
of conditions 11
Contravention
60. A general registrant must not contravene a condition of the 12
registration, including, for example, probationary conditions, imposed under 13
this Act. 14
Maximum penalty--100 penalty units. 15
Subdivision 8--Provisions relating to probationary registrants 16
practice program 17
Supervised
61.(1) A supervised practice program for the profession is a program, 18
prescribed under a regulation, that provides experience, for probationary 19
registrants, in the practice of the profession. 20
(2) Without limiting subsection (1), a regulation prescribing a program 21
may provide for the following-- 22
(a) the number of hours of practice of the profession to be undertaken 23
and the frequency with which the practice must be undertaken; 24
(b) what constitutes practice of the profession for the program; 25
(c) the requirements for the professional practice settings in which the 26
13 The conditions may be reviewed under division 8 (Reviewing conditions of
general registrations).
s 62 46 s 62
Psychologists Registration
practice of the profession must be undertaken; 1
(d) the number of hours of supervision to be undertaken and the 2
frequency with which the supervision must happen; 3
(e) what constitutes supervision for the program; 4
(f) the methods of supervision to be used for the program; 5
(g) the activities to be undertaken during the program; 6
(h) the competencies registrants must demonstrate to complete the 7
program; 8
(i) the minimum period during which the program may be 9
completed. 10
(3) Also, a regulation prescribing a program may provide for matters 11
incidental to a program, including, for example-- 12
(a) the responsibilities, under the program, of probationary registrants 13
and supervisors and other persons who supervise probationary 14
registrants; and 15
(b) the requirements for probationary registrants to keep records and 16
prepare reports relevant to the program, including, for example, 17
log books; and 18
(c) the board's power to require a probationary registrant, the 19
registrant's supervisor and other persons who supervise the 20
probationary registrant in undertaking the supervised practice 21
program, to provide information or documents, or prepare 22
reports, about the registrant's progress and performance in 23
undertaking the program. 24
registrants must have supervised practice plan 25
Certain
62.(1) A probationary registrant must, within 28 days of being registered 26
or changing supervisors, have a supervised practice plan, unless the 27
registrant has a reasonable excuse. 28
Maximum penalty--10 penalty units. 29
(2) The probationary registrant must, in consultation with the registrant's 30
supervisor, review the registrant's supervised practice plan at the times, and 31
in the way, prescribed under a regulation, unless the registrant has a 32
s 63 47 s 64
Psychologists Registration
reasonable excuse. 1
Maximum penalty--10 penalty units. 2
(3) As soon as practicable after completing the review, the probationary 3
registrant must-- 4
(a) amend the supervised practice plan in an appropriate way and 5
include a notation in the plan, signed by the registrant and the 6
registrant's supervisor, that the plan has been reviewed; or 7
(b) if the registrant does not consider it practicable to amend the 8
plan--prepare another supervised practice plan. 9
Maximum penalty--10 penalty units. 10
(4) In this section-- 11
"supervised practice plan" means a plan prepared by a probationary 12
registrant, in consultation with the registrant's supervisor, that-- 13
(a) is in the approved form or, if a form has not been approved, 14
includes the information prescribed under a regulation; and 15
(b) has been signed by the registrant and the registrant's supervisor. 16
may require probationary registrant to produce plan 17
Board
63.(1) The board may, by notice given to a probationary registrant, 18
require the registrant to give the board, within 14 days after receipt of the 19
notice, a copy of the registrant's supervised practice plan. 20
(2) The probationary registrant must comply with the notice, unless the 21
registrant has a reasonable excuse. 22
Maximum penalty for subsection (2)--10 penalty units. 23
ceasing to be supervisor must give report to board or 24
Person
nominated person 25
64.(1) This section applies if-- 26
(a) a person is the supervisor for a probationary registrant; and 27
(b) the person ceases to be the registrant's supervisor. 28
(2) The person must, within 28 days after ceasing to be the probationary 29
s 65 48 s 66
Psychologists Registration
registrant's supervisor, give a report about the registrant to-- 1
(a) if a person has been prescribed under a regulation--the prescribed 2
person; or 3
(b) otherwise--the board. 4
Maximum penalty--10 penalty units. 5
(3) The report must be in the approved form or, if a form has not been 6
approved, must include the details prescribed under a regulation. 7
(4) Subsection (2) does not apply if a person ceases to be a probationary 8
registrant's supervisor because the board decides, under section 98(3), that 9
the registrant must undertake the supervised practice program under the 10
supervision of another supervisor. 11
3--Provisional general registration 12
Division
of "authorised person" for div 3 13
Meaning
65.(1) In this division-- 14
"authorised person" means any of the following persons who are 15
authorised by the board to decide to register a person as a provisional 16
general registrant-- 17
(a) the executive officer; 18
(b) a member; 19
(c) a member of the office's staff. 20
(2) An authority mentioned in subsection (1) may be limited by reference 21
to specified conditions, exceptions or factors. 22
general registration of person on probationary conditions 23
Provisional
66.(1) This section applies to an applicant for general registration who 24
does not, in the applicant's application, claim to have practised in the 25
profession since obtaining the qualification for registration. 26
(2) Subsection (3) applies if an authorised person reasonably considers-- 27
(a) the applicant is eligible for the registration without conditions 28
s 66 49 s 66
Psychologists Registration
(other than probationary conditions); and 1
(b) because of the period before the board is likely to consider the 2
application in the ordinary course of its business, it is not 3
reasonable for the applicant to wait for the board to consider the 4
application. 5
(3) The authorised person may decide to register the applicant as a 6
provisional general registrant on the probationary conditions mentioned in 7
section 57(2)(a). 8
(4) Subsection (5) applies if an authorised person or the board-- 9
(a) reasonably considers, subject to the applicant giving the board 10
further evidence of the applicant's relevant qualifications, the 11
applicant is eligible for the registration without conditions (other 12
than probationary conditions); or 13
(b) reasonably considers-- 14
(i) the applicant would be eligible for the registration without 15
conditions (other than probationary conditions), other than 16
for the fact that the relevant qualifications relied on by the 17
applicant have not been conferred on, or awarded to, the 18
applicant; and 19
(ii) the applicant is entitled to have the relevant qualifications 20
conferred on, or awarded to, him or her. 21
(5) The authorised person or board may decide to register the applicant as 22
a provisional general registrant on the probationary conditions mentioned in 23
section 57(2)(a). 24
(6) If the authorised person or board decides to register the applicant as a 25
provisional general registrant, the authorised person or board must as soon 26
as practicable issue a certificate of provisional general registration to the 27
applicant. 28
(7) The provisional general registration of a person must not be on 29
conditions, other than probationary conditions mentioned in 30
section 57(2)(a). 31
s 67 50 s 69
Psychologists Registration
or cancellation of provisional general registration 1
Confirmation
67.(1) If an authorised person decides to register an applicant for general 2
registration as a provisional general registrant, the authorised person must as 3
soon as practicable report to the board about the basis for the authorised 4
person's decision. 5
(2) The board must consider the report and decide whether to confirm or 6
cancel the provisional general registration. 7
(3) In making its decision, the board must consider whether the 8
authorised person should have decided to register the applicant as a 9
provisional general registrant. 10
(4) If the board decides to cancel the provisional general registration, it 11
must as soon as practicable give the applicant notice of its decision. 12
after cancellation of provisional general registration 13
Procedure
68.(1) This section applies if the board decides, under section 67, to 14
cancel a person's provisional general registration. 15
(2) The notice of cancellation must include the reason for the decision. 16
(3) The decision takes effect on the day the notice is given to the person. 17
(4) The person must return the certificate of provisional general 18
registration to the board within 14 days after receiving the notice, unless the 19
person has a reasonable excuse. 20
Maximum penalty--10 penalty units. 21
(5) Even though the board decides to cancel a person's provisional 22
general registration, it must still consider the person's application for general 23
registration. 24
of certificate of provisional general registration 25
Form
69.(1) A certificate of provisional general registration must be in the 26
approved form. 27
(2) The approved form must provide for the inclusion of the following-- 28
(a) the registrant's name; 29
s 70 51 s 72
Psychologists Registration
(b) the period of the registration; 1
(c) the condition that the registrant may practise the profession only 2
in accordance with the probationary conditions mentioned in 3
section 57(2)(a). 4
5
Period
70. The provisional general registration of a person remains in force for 6
the period, not more than 6 months, decided by the authorised person or 7
board when deciding to register the person as a provisional general 8
registrant. 9
decides to register provisional general registrant as a general 10
Board
registrant 11
71.(1) This section applies if-- 12
(a) a person is a provisional general registrant; and 13
(b) the board decides to register the person as a general registrant. 14
(2) The provisional general registration is cancelled when the person 15
receives a certificate of general registration under section 52(1).14 16
(3) The general registration-- 17
(a) is taken to have started from the day the person was registered as 18
a provisional general registrant; and 19
(b) is subject to the probationary conditions to which the provisional 20
general registration was subject. 21
(4) The probationary conditions are taken to have been imposed under 22
section 57(2)(a). 23
decides to refuse to register provisional general registrant as a 24
Board
general registrant 25
72.(1) This section applies if-- 26
14 Section 52 (Steps to be taken after application decided)
s 73 52 s 74
Psychologists Registration
(a) a person is a provisional general registrant; and 1
(b) the board decides to refuse to register the person as a general 2
registrant. 3
(2) The provisional general registration is cancelled when an information 4
notice about the decision is given to the person under section 52(2). 5
(3) The person must return the certificate of provisional general 6
registration to the board within 14 days after receiving the information 7
notice, unless the person has a reasonable excuse. 8
Maximum penalty for subsection (3)--10 penalty units. 9
refusal by board to register provisional general registrant as a 10
Deemed
general registrant 11
73.(1) This section applies if-- 12
(a) a person is a provisional general registrant; and 13
(b) other than for section 53(4) or 54(5),15 the board would have been 14
taken to have decided to refuse to register the person as a general 15
registrant. 16
(2) The board is taken to have decided to refuse to register the person as a 17
general registrant on the expiry of the provisional general registration. 18
Division 4--Renewal of general registrations 19
1--Preliminary 20
Subdivision
of "recency of practice requirements" 21
Meaning
74.(1) "Recency of practice requirements" are requirements, 22
prescribed under a regulation, that if satisfied demonstrate that an applicant 23
for renewal of a general registration has maintained an adequate connection 24
with the profession. 25
15 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 75 53 s 76
Psychologists Registration
(2) The requirements may include requirements about the following-- 1
(a) the nature, extent and period of practice of the profession by the 2
applicant; 3
(b) the nature and extent of any continuing professional education 4
undertaken by the applicant; 5
(c) the nature and extent of any research, study or teaching, relating to 6
the profession, undertaken by the applicant; 7
(d) the nature and extent of any administrative work, relating to the 8
profession, performed by the applicant. 9
Subdivision 2--Applications for renewal of general registrations 10
of imminent expiry of registration 11
Notification
75. The board must give a general registrant notice of the imminent 12
expiry of the registration at least 60 days before the expiry. 13
requirements for applications 14
Procedural
76.(1) A general registrant may apply to the board for the renewal of the 15
registration. 16
(2) The application must be made within the period-- 17
(a) starting-- 18
(i) 60 days before the expiry of the registration; or 19
(ii) on an earlier day, if any, stated in the notice given to the 20
registrant under section 75; and 21
(b) ending immediately before the expiry. 22
(3) The application must-- 23
(a) be in the approved form; and 24
(b) be accompanied by-- 25
(i) the registration fee; and 26
(ii) any documents, identified in the approved form, the board 27
s 77 54 s 77
Psychologists Registration
reasonably requires to decide the application. 1
(4) Information in the application must, if the approved form requires, be 2
verified by a statutory declaration. 3
(5) The approved form must require the applicant to state the following-- 4
(a) whether the applicant suffers from any ongoing medical 5
condition, of which the applicant is aware, that the applicant 6
knows or ought reasonably to know adversely affects the 7
applicant's ability to competently and safely practise the 8
profession;16 9
(b) if there are recency of practice requirements relevant to the 10
applicant, details of the extent to which the applicant has satisfied 11
the requirements. 12
registration taken to be in force while application is 13
General
considered 14
77.(1) If an application is made under section 76, the applicant's general 15
registration is taken to continue in force from the day it would, apart from 16
this section, have expired until-- 17
(a) if the board decides to renew the applicant's general 18
registration--the day a new certificate of general registration is 19
issued to the applicant under section 81(1); or 20
(b) if the board decides to refuse to renew the applicant's general 21
registration--the day an information notice about the decision is 22
given to the applicant under section 81(2); or 23
(c) if the application is taken to have been withdrawn under 24
section 78(4)--the day it is taken to have been withdrawn. 25
(2) Subsection (1) does not apply if the registration is earlier cancelled 26
under this Act or suspended or cancelled under the Health Practitioners 27
(Professional Standards) Act 1999. 28
16 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 78 55 s 79
Psychologists Registration
Subdivision 3--Decision on applications 1
into applications 2
Inquiries
78.(1) Before deciding the application, the board-- 3
(a) may investigate the applicant; and 4
(b) may, by notice given to the applicant, require the applicant to give 5
the board, within a reasonable time of at least 30 days stated in the 6
notice, further information or a document the board reasonably 7
requires to decide the application; and 8
(c) may, if the board is not satisfied the applicant has satisfied 9
recency of practice requirements, by notice given to the applicant, 10
require the applicant to undergo a written, oral or practical 11
examination within a reasonable time of at least 30 days stated in 12
the notice, and at a reasonable place. 13
(2) The board may require the information or document mentioned in 14
subsection (1)(b) to be verified by a statutory declaration. 15
(3) The purpose of an examination under subsection (1)(c) must be to 16
assess any effect the applicant's non-satisfaction of the requirements has on 17
the applicant's ability to competently and safely practise the profession. 18
(4) The applicant is taken to have withdrawn the application if, within the 19
stated time, the applicant-- 20
(a) does not comply with a requirement under subsection (1)(b); or 21
(b) does not undergo an examination under subsection (1)(c). 22
23
Decision
79.(1) The board must consider the application and decide to renew, or 24
refuse to renew, the applicant's general registration. 25
(2) In making its decision, the board must have regard only to the extent, 26
if any, to which the applicant has satisfied recency of practice 27
s 80 56 s 80
Psychologists Registration
requirements.17 1
(3) If there are no recency of practice requirements relevant to the 2
applicant, the board must decide to renew the applicant's general 3
registration. 4
of practice requirements are not satisfied 5
Recency
80.(1) This section applies if the board is not satisfied the applicant has 6
satisfied recency of practice requirements. 7
(2) The board may decide to renew the applicant's general registration on 8
conditions ("recency of practice conditions") the board considers will 9
sufficiently address the extent to which the applicant has not satisfied the 10
requirements. 11
(3) Before deciding to renew the registration on recency of practice 12
conditions, the board must-- 13
(a) give notice to the applicant-- 14
(i) of the details of the proposed conditions; and 15
(ii) of the reason for the proposed imposition of the conditions; 16
and 17
(iii) that the applicant may make a written submission to the 18
board about the proposed conditions within a reasonable 19
time of at least 14 days stated in the notice; and 20
(b) have regard to any written submission made to the board by the 21
applicant before the stated day. 22
(4) If the board decides to renew the registration on recency of practice 23
conditions, it must as soon as practicable-- 24
(a) also decide the review period applying to the conditions;18 and 25
(b) give the applicant an information notice about the decisions. 26
17 Under section 80(2), the board may decide to renew the registration on recency
of practice conditions if the board is not satisfied the applicant has satisfied
recency of practice requirements.
18 The conditions may be reviewed under division 8 (Reviewing conditions of
general registrations).
s 81 57 s 82
Psychologists Registration
(5) The imposition of the conditions takes effect on the later of the 1
following-- 2
(a) when the information notice is given to the applicant; 3
(b) immediately after the day the registration would have expired, 4
other than for its renewal. 5
to be taken after application decided 6
Steps
81.(1) If the board decides to renew the applicant's general registration, it 7
must as soon as practicable issue a new certificate of general registration to 8
the applicant. 9
(2) If the board decides to refuse to renew the applicant's general 10
registration, it must as soon as practicable give the applicant an information 11
notice about the decision. 12
(3) Without affecting section 80(2), if the board decides to renew the 13
applicant's general registration, the renewed general registration is subject to 14
the conditions, including, for example, probationary conditions, attaching to 15
the registration immediately before the decision takes effect.19 16
5--Restoration of general registrations 17
Division
of div 4, sdivs 1 and 3 18
Application
82. For restoring a general registration, division 4, subdivisions 1 and 3, 19
other than sections 80(5) and 81(3),20 apply as if-- 20
(a) an application for renewal of a general registration were an 21
application for restoration of a general registration; and 22
(b) an applicant for renewal of a general registration were an applicant 23
for restoration of a general registration; and 24
19 The conditions may include conditions imposed under the Health Practitioners
(Professional Standards) Act 1999.
20 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and 3
(Decision on applications), sections 80 (Recency of practice requirements are
not satisfied) and 81 (Steps to be taken after application decided)
s 83 58 s 84
Psychologists Registration
(c) a renewal of a general registration were a restoration of a general 1
registration. 2
an application for restoration of a general registration may be 3
When
made 4
83. If a person's general registration has expired, the person may apply to 5
the board for restoration of the registration within 3 months after the expiry. 6
requirements for applications 7
Procedural
84.(1) The application must-- 8
(a) be in the approved form; and 9
(b) be accompanied by-- 10
(i) the restoration fee prescribed under a regulation (the 11
"restoration fee"); and 12
(ii) any documents, identified in the approved form, the board 13
reasonably requires to decide the application. 14
(2) Information in the application must, if the approved form requires, be 15
verified by a statutory declaration. 16
(3) The approved form must require the applicant to state the following-- 17
(a) whether the applicant suffers from any ongoing medical 18
condition, of which the applicant is aware, that the applicant 19
knows or ought reasonably to know adversely affects the 20
applicant's ability to competently and safely practise the 21
profession;21 22
(b) if there are recency of practice requirements relevant to the 23
applicant, details of the extent to which the applicant has satisfied 24
the requirements. 25
21 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 85 59 s 88
Psychologists Registration
of restored registration 1
Period
85. If the board decides to restore the applicant's general registration 2
during a general registration period, the registration remains in force for the 3
period-- 4
(a) commencing on the day when the board makes the decision; and 5
(b) ending on the last day of the general registration period. 6
of expired registration 7
Conditions
86. Without affecting section 80(2), as applied by section 82, if the board 8
decides to restore the applicant's general registration, the registration is 9
subject to the conditions, including, for example, probationary conditions, 10
attaching to the registration immediately before its expiry. 11
recency of practice conditions take effect 12
When
87. If the board decides to restore the applicant's general registration on 13
recency of practice conditions, the imposition of the conditions takes effect 14
when the information notice about the decision is given by the board to the 15
applicant. 16
Division 6--Cancellation of general registrations 17
for cancellation 18
Grounds
88. A person's general registration may be cancelled, under this division, 19
on any of the following grounds-- 20
(a) that the registration happened because of a materially false or 21
misleading representation or declaration; 22
(b) for a registration on probationary conditions--that the registrant 23
has failed to comply with the supervised practice program so far 24
as it relates to the requirement for supervision; 25
(c) for a registration on probationary conditions mentioned in 26
section 57(2)(a)--that the registrant has failed to complete, to the 27
board's satisfaction, the supervised practice program within the 28
s 89 60 s 90
Psychologists Registration
period stated in section 57(2)(a)(ii); 1
(d) for a registration on probationary conditions mentioned in 2
section 57(2)(b)--that the registrant has failed to complete, to the 3
board's satisfaction, the supervised practice program within the 4
period decided by the board under section 57(2)(b)(ii); 5
(e) for a registration on probationary conditions extended under 6
section 98(1)(b)(ii)--that the registrant has failed to complete, to 7
the board's satisfaction, the supervised practice program within 8
the extended period. 9
cause notice 10
Show
89.(1) If the board believes the ground exists to cancel a general 11
registration, the board must before taking action to cancel the registration 12
give the registrant a notice (a "show cause notice"). 13
(2) The show cause notice must-- 14
(a) state the board proposes to cancel the registration; and 15
(b) state the ground for the proposed cancellation; and 16
(c) outline the facts and circumstances forming the basis for the 17
ground; and 18
(d) invite the registrant to show within a stated period (the "show 19
cause period") why the registration should not be cancelled. 20
(3) The show cause period must be a period ending not less than 21 days 21
after the show cause notice is given to the registrant. 22
about show cause notices 23
Representations
90.(1) The registrant may make written representations about the show 24
cause notice to the board in the show cause period. 25
(2) The board must consider all written representations (the "accepted 26
representations") made under subsection (1). 27
s 91 61 s 93
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show cause process without further action 1
Ending
91.(1) This section applies if, after considering the accepted 2
representations for the show cause notice, the board no longer believes the 3
ground exists to cancel the registration. 4
(2) The board must not take any further action about the show cause 5
notice. 6
(3) The board must also as soon as practicable after coming to the belief 7
give notice to the registrant that no further action is to be taken about the 8
show cause notice. 9
10
Cancellation
92.(1) This section applies if, after considering the accepted 11
representations for the show cause notice, the board-- 12
(a) still believes the ground exists to cancel the registration; and 13
(b) believes cancellation of the registration is warranted. 14
(2) This section also applies if there are no accepted representations for 15
the show cause notice. 16
(3) The board may decide to cancel the registration. 17
(4) If the board decides to cancel the registration, it must as soon as 18
practicable give the registrant an information notice about the decision. 19
(5) The decision takes effect on the day the information notice is given to 20
the registrant. 21
of cancelled certificate of general registration to board 22
Return
93.(1) This section applies if the board decides to cancel a general 23
registration and gives an information notice for the decision to the registrant. 24
(2) The registrant must return the certificate of general registration to the 25
board within 14 days after receiving the information notice, unless the 26
registrant has a reasonable excuse. 27
Maximum penalty for subsection (2)--10 penalty units. 28
s 94 62 s 97
Psychologists Registration
Division 7--Reviewing probationary conditions on general registrations 1
of probationary conditions 2
Review
94. Probationary conditions may be reviewed under this division. 3
to give notice about completion of program to board 4
Registrant
95.(1) A probationary registrant must, within 7 days after completing the 5
supervised practice program, or the partial program, give notice of the 6
completion to the board. 7
(2) The notice must-- 8
(a) be in the approved form; and 9
(b) be accompanied by the fee prescribed under a regulation. 10
to give notice to supervisor 11
Board
96.(1) As soon as practicable after receiving the probationary registrant's 12
notice under section 95, the board must give a notice to the registrant's 13
supervisor. 14
(2) The notice must require the supervisor to give, within a reasonable 15
time of at least 30 days stated in the notice, a supervised practice report for 16
the probationary registrant to the board. 17
(3) The supervisor must comply with the board's notice, unless the 18
supervisor has a reasonable excuse. 19
Maximum penalty for subsection (3)--10 penalty units. 20
powers before making decision 21
Board's
97.(1) Before making its decision under section 98, the board-- 22
(a) may investigate the probationary registrant; and 23
(b) may, by notice given to the registrant, require the registrant to give 24
the board, within a reasonable time of at least 30 days stated in the 25
notice, further information or a document the board reasonably 26
requires to make the decision; and 27
s 98 63 s 98
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(c) may, by notice given to the registrant, require the registrant to 1
undergo a written, oral or practical examination within a 2
reasonable time of at least 30 days stated in the notice, and at a 3
reasonable place; and 4
(d) may, by notice given to the registrant's supervisor or another 5
relevant person, require the supervisor or relevant person to give 6
the board, within a reasonable time of at least 30 days stated in the 7
notice, further information or a document the board reasonably 8
requires to make the decision. 9
(2) The board may require the information or document mentioned in 10
subsection (1)(b) or (d) to be verified by a statutory declaration. 11
(3) The purpose of an examination under subsection (1)(c) must be to 12
assess the probationary registrant's ability to competently and safely practise 13
the profession. 14
(4) In this section-- 15
"relevant person" means-- 16
(a) a person who was previously the registrant's supervisor; or 17
(b) another person who supervised the registrant in undertaking the 18
supervised practice program, or the partial program. 19
20
Decision
98.(1) After reviewing the supervised practice report and any other 21
relevant information or document about the probationary registrant, the 22
board must decide-- 23
(a) if the board is satisfied the probationary registrant has 24
satisfactorily completed the program, or the partial program--to 25
remove the probationary conditions; or 26
(b) otherwise-- 27
(i) to cancel the registrant's registration under division 6; or 28
(ii) to extend the probationary conditions, for a period of not 29
more than 1 year, by requiring the registrant to undertake a 30
part of the program decided by the board if the board 31
reasonably considers the registrant will satisfactorily 32
s 98 64 s 98
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complete the program during the period. 1
(2) Subsection (1)(b)(ii) applies despite section 57(2)(a)(ii) or (b)(ii). 2
(3) If the board decides to extend the probationary conditions, it may also 3
impose additional conditions about the requirements for supervision on the 4
probationary registrant's registration, including, for example, requiring the 5
registrant to undertake the partial program under the supervision of a stated 6
supervisor. 7
(4) If the board does not receive the supervised practice report within the 8
time stated in section 96(2), the board must make a decision mentioned in 9
subsection (1) on the basis of other relevant information or documents 10
about the probationary registrant. 11
(5) If the board decides-- 12
(a) to extend the probationary conditions, it must, as soon as 13
practicable after making the decision, give the probationary 14
registrant an information notice about the decision; or 15
(b) to extend the probationary conditions and impose additional 16
conditions about the requirements for supervision, it must as soon 17
as practicable give the registrant an information notice about the 18
decision; or 19
(c) to remove the probationary conditions, it must give the registrant 20
notice of the decision. 21
(6) In this section-- 22
"relevant information or document", about a probationary registrant, 23
includes-- 24
(a) a report about the registrant given to the board or another person 25
under section 64; and 26
(b) information or a document about the registrant obtained by the 27
board under section 97; and 28
(c) information or a document about the registrant obtained by the 29
board under a regulation under section 61(3). 30
s 99 65 s 100
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decision takes effect 1
When
99.(1) If the board decides to extend the probationary conditions, or to 2
extend the probationary conditions and impose additional conditions, the 3
decision takes effect when an information notice about the decision is given 4
to the probationary registrant under section 98(5)(a) or (b). 5
(2) If the board decides to remove the conditions, the removal takes effect 6
when notice of the decision is given to the probationary registrant under 7
section 98(5)(c) and does not depend on the certificate of general registration 8
being amended to record the removal or a replacement certificate of general 9
registration being issued. 10
by board to make decision on application 11
Failure
100.(1) This section applies if the board fails to make a decision under 12
section 98-- 13
(a) within 60 days after receiving the supervised practice report; or 14
(b) if the board does not receive the report, within 60 days of the 15
latest day on which the board should have received the report. 16
(2) Subject to subsections (2) and (4), the failure is taken to be a decision 17
by the board to remove the probationary conditions. 18
(3) Subsection (4) applies if the board has-- 19
(a) under section 97(1)(b), required the probationary registrant to give 20
the board further information or a document; or 21
(b) under section 97(1)(c), required the registrant to undergo an 22
examination; or 23
(c) under section 97(1)(d), required the registrant's supervisor or 24
another relevant person to give the board information or a 25
document. 26
(4) The board is taken to have decided to remove the probationary 27
conditions if the board fails to decide the application by the later of the 28
following days-- 29
(a) the day that is 60 days after the board receives the further 30
information or document; 31
(b) the day that is 60 days after the board receives the results of the 32
s 101 66 s 102
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examination. 1
(5) The conditions are taken to have been removed on the later of the 2
days mentioned in subsection (1) or (4) and the removal does not depend on 3
the certificate of general registration being amended to record the removal or 4
a replacement certificate of general registration being issued. 5
additional conditions end 6
When
101.(1) This section applies if the board decides to extend a probationary 7
registrant's probationary conditions and impose additional conditions on the 8
registration. 9
(2) The conditions remain in force until the earlier of the following 10
days-- 11
(a) the day the probationary conditions are removed, under 12
section 98(1)(a), from the probationary registrant's registration; 13
(b) if the board's decision under section 98 states a day on which the 14
conditions are to end, the stated day. 15
of, or replacing, certificates of general registration 16
Amendment
102.(1) This section applies if-- 17
(a) a probationary registrant receives an information notice, under 18
section 98(5)(a) or (b), about a decision to extend probationary 19
conditions or to extend probationary conditions and impose 20
additional conditions; 21
(b) a probationary registrant receives a notice under section 98(5)(c); 22
(c) additional conditions imposed on a probationary registrant's 23
general registration end under section 101(2) 24
(d) the board is taken, under section 100(2) or (4), to have decided to 25
remove probationary conditions from a general registrant's 26
general registration. 27
(2) The registrant must return the certificate of general registration to the 28
board-- 29
(a) if subsection (1)(a), (b) or (c) applies--within 14 days after 30
s 103 67 s 104
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receiving the notice; or 1
(b) if subsection (d) applies--within 14 days after the day the 2
registrant actually becomes aware of the removal. 3
Maximum penalty--10 penalty units. 4
(3) On receiving the certificate, the board must-- 5
(a) amend the certificate in an appropriate way and return the 6
amended certificate to the registrant; or 7
(b) if the board does not consider it practicable to amend the 8
certificate, issue another certificate of general registration to the 9
registrant to replace the certificate returned to the board. 10
Division 8--Reviewing conditions of general registrations 11
1--Review of conditions imposed by the board or District 12
Subdivision
Court 13
of conditions 14
Review
103. Conditions, other than probationary conditions and conditions 15
imposed under section 98(3), imposed on a general registration under this 16
Act may be reviewed under this division. 17
registrant may start a review 18
How
104.(1) The registrant to whom the conditions relate may apply to the 19
board for a review of the conditions. 20
(2) However, the application must not be made-- 21
(a) during the review period applying to the conditions; or 22
(b) while an appeal to the District Court about the decision to impose 23
the conditions is pending. 24
(3) The application must-- 25
(a) be in the approved form; and 26
s 105 68 s 106
Psychologists Registration
(b) be accompanied by the fee prescribed under a regulation. 1
(4) The approved form must require the registrant to state-- 2
(a) that the registrant believes the conditions are no longer 3
appropriate; and 4
(b) the reason for the registrant's belief. 5
(5) The board must consider the application and make a decision under 6
section 109. 7
of conditions during review period 8
Review
105.(1) This section applies if, during the review period applying to the 9
conditions, the board reasonably believes the conditions may no longer be 10
appropriate. 11
(2) The board may, with the written agreement of the registrant to whom 12
the conditions relate, review the conditions. 13
powers before making decision 14
Board's
106.(1) Before making its decision under section 109, the board-- 15
(a) may investigate the registrant; and 16
(b) may, by notice given to the registrant, require the registrant to give 17
the board, within a reasonable time of at least 30 days stated in the 18
notice, further information or a document the board reasonably 19
requires to make the decision; and 20
(c) may, by notice given to the registrant, require the registrant to 21
undergo a written, oral or practical examination within a 22
reasonable time of at least 30 days stated in the notice, and at a 23
reasonable place; and 24
(d) may, by notice given to the registrant, require the registrant to 25
undergo a health assessment within a reasonable time of at least 26
30 days stated in the notice, and at a reasonable place. 27
(2) The board may require the information or document mentioned in 28
subsection (1)(b) to be verified by a statutory declaration. 29
(3) Subject to section 109(2), the purpose of an examination under 30
s 107 69 s 108
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subsection (1)(c) must be to assess the registrant's ability to competently 1
and safely practise the profession. 2
(4) Subject to section 109(2), the purpose of an assessment under 3
subsection (1)(d) must be to assess the registrant's mental and physical 4
capacity to competently and safely practise the profession. 5
(5) Also, a notice under subsection (1)(d) must state-- 6
(a) the reason for the assessment; and 7
(b) the name and qualifications of the person appointed by the board 8
to conduct the assessment; and 9
(c) the place where, and the day and time at which, the assessment is 10
to be conducted. 11
of ss 4750 12
Application
107.(1) This section applies if the board believes it is necessary for the 13
registrant to undergo a health assessment under section 106(1)(d). 14
(2) Sections 47 to 5022 apply as if-- 15
(a) an applicant for general registration were the registrant; and 16
(b) the reference in section 47(1) to section 46(1)(d) were a reference 17
to section 106(1)(d). 18
withdrawal of application etc. 19
Deemed
108.(1) Subsections (2) and (3) apply if the conditions are being 20
reviewed because of an application made by the registrant under 21
section 104. 22
(2) The registrant is taken to have withdrawn the application if, within the 23
stated time, the registrant-- 24
(a) does not comply with a requirement under section 106(1)(b); or 25
(b) does not undergo an examination under section 106(1)(c); or 26
22 Sections 47 (Appointment of appropriately qualified person to conduct health
assessment), 48 (Report about health assessment), 49 (Use of assessment report)
and 50 (Payment for health assessments and reports)
s 109 70 s 109
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(c) does not undergo an assessment under section 106(1)(d). 1
(3) A notice under section 106(1)(b), (c) or (d) must be given to the 2
registrant within 60 days after the board receives the application. 3
(4) Subsections (5) and (6) apply if the conditions are being reviewed 4
under section 105. 5
(5) The board is taken to have decided to confirm the conditions if, within 6
the stated time, the registrant-- 7
(a) does not comply with a requirement under section 106(1)(b); or 8
(b) does not undergo an examination under section 106(1)(c); or 9
(c) does not undergo an assessment under section 106(1)(d). 10
(6) A notice under section 106(1)(b), (c) or (d) must be given to the 11
registrant within 60 days after the board agrees with the registrant to review 12
the conditions. 13
14
Decision
109.(1) After reviewing the conditions, the board must decide-- 15
(a) to confirm the conditions; or 16
(b) to remove the conditions; or 17
(c) to change the conditions. 18
(2) In making its decision, the board must consider whether the 19
conditions remain necessary or desirable for the registrant to competently 20
and safely practise the profession. 21
(3) If the board decides to confirm or change the conditions, the 22
conditions may only be confirmed or changed for the reasons the conditions 23
were initially imposed. 24
(4) If the board decides to confirm or change the conditions, it must as 25
soon as practicable-- 26
(a) also decide the review period applying to the confirmed or 27
changed conditions; and 28
(b) give the registrant an information notice about the decisions. 29
s 110 71 s 111
Psychologists Registration
(5) If the board decides to remove the conditions, it must as soon as 1
practicable give the registrant notice of the decision. 2
decision takes effect 3
When
110.(1) If the board decides to confirm the conditions, the decision takes 4
effect when it is made. 5
(2) If the board decides to change the conditions, the change takes effect 6
when an information notice about the decision is given to the registrant 7
under section 109(4)(b) and does not depend on the certificate of general 8
registration being amended to record the change or a replacement certificate 9
of general registration being issued. 10
(3) If the board decides to remove the conditions, the removal takes effect 11
when notice of the decision is given to the registrant under section 109(5) 12
and does not depend on the certificate of general registration being amended 13
to record the removal or a replacement certificate of general registration 14
being issued. 15
by board to make decision on application 16
Failure
111.(1) Subject to subsections (2) and (3), if the board fails to decide an 17
application under section 10423 within 60 days after its receipt, the failure is 18
taken to be a decision by the board to remove the conditions. 19
(2) Subsection (3) applies if the board has-- 20
(a) under section 106(1)(b),24 required the applicant to give the board 21
further information or a document; or 22
(b) under section 106(1)(c), required the applicant to undergo an 23
examination; or 24
(c) under section 106(1)(d), required the applicant to undergo a health 25
assessment. 26
(3) The board is taken to have decided to remove the conditions if the 27
board fails to decide the application by the latest of the following days-- 28
23 Section 104 (How registrant may start a review)
24 Section 106 (Board's powers before making decision)
s 112 72 s 112
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(a) the day that is 60 days after the board receives the further 1
information or document; 2
(b) the day that is 60 days after the board receives the results of the 3
examination; 4
(c) the day that is 60 days after the board receives the assessment 5
report. 6
(4) The removal of the conditions under subsection (1) or (3) does not 7
depend on the certificate of general registration being amended to record the 8
removal or a replacement certificate of general registration being issued. 9
by board to make decision on review agreed to under s 105 10
Failure
112.(1) Subject to subsections (2) and (3), if the board fails to make a 11
decision on a review agreed to under section 105 25 within 60 days after the 12
agreement, the failure is taken to be a decision by the board to remove the 13
conditions. 14
(2) Subsection (3) applies if the board has-- 15
(a) under section 106(1)(b), required the registrant to give the board 16
further information or a document; or 17
(b) under section 106(1)(c), required the registrant to undergo an 18
examination; or 19
(c) under section 106(1)(d), required the registrant to undergo a 20
health assessment. 21
(3) The board is taken to have decided to remove the conditions if the 22
board fails to make a decision on the review by the latest of the following 23
days-- 24
(a) the day that is 60 days after the board receives the further 25
information or document; 26
(b) the day that is 60 days after the board receives the results of the 27
examination; 28
(c) the day that is 60 days after the board receives the assessment 29
report. 30
25 Section 105 (Review of conditions during review period)
s 113 73 s 114
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(4) The removal of the conditions under subsection (1) or (3) does not 1
depend on the certificate of general registration being amended to record the 2
removal or a replacement certificate of general registration being issued. 3
decision required if certain conditions changed 4
Further
113.(1) This section applies if the conditions were imposed because of 5
the registrant's mental and physical health. 6
(2) If the board decides to change the conditions, it must also decide 7
whether details of the changed conditions must be recorded in the register 8
for the period for which the conditions are in force. 9
(3) The board must decide not to record details of the changed conditions 10
in the register unless it reasonably believes it is in the interests of users of 11
the registrant's services or the public to know the details. 12
2--Recording change, or removal, of conditions 13
Subdivision
of, or replacing, certificates of general registration 14
Amendment
114.(1) This section applies if-- 15
(a) a general registrant receives an information notice, under 16
section 109(4)(b), about decisions relating to a change of the 17
conditions of the registration; or 18
(b) a general registrant receives a notice, under section 109(5), about a 19
decision to remove the conditions of the registration; or 20
(c) the board is taken, under section 111 or 112, to have decided to 21
remove the conditions of a general registration. 22
(2) The registrant must return the certificate of general registration to the 23
board-- 24
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 25
the notice, unless the registrant has a reasonable excuse; or 26
(b) if subsection (1)(c) applies--within 14 days after the day the 27
registrant actually becomes aware of the removal. 28
Maximum penalty--10 penalty units. 29
s 115 74 s 116
Psychologists Registration
(3) On receiving the certificate, the board must-- 1
(a) amend the certificate in an appropriate way and return the 2
amended certificate to the registrant; or 3
(b) if the board does not consider it practicable to amend the 4
certificate, issue another certificate of general registration to the 5
registrant to replace the certificate returned to the board. 6
9--Special purpose registrations 7
Division
1--Applications for special purpose registration 8
Subdivision
of special activities relating to the profession 9
Undertaking
115. A person may obtain special purpose registration to undertake 1 or 10
more of the following activities (the "special activities") relating to the 11
profession-- 12
(a) study or train at postgraduate level; 13
(b) teach; 14
(c) engage in research; 15
(d) give clinical demonstrations. 16
of divs 2 and 3 17
Application
116.(1) For a person being registered as a special purpose registrant, 18
division 2 (other than subdivisions 2, 6, 7 and 8) and division 3 (other than 19
sections 66 and 69(2)(c))26 apply as if-- 20
(a) an application for general registration were an application for 21
special purpose registration; and 22
26 Division 2 (Applications for general registration), subdivisions 2 (Eligibility for
general registration), 6 (Period of general registration), 7 (Conditions of general
registration) and 8 (Provisions relating to probationary registrants) and division 3
(Provisional general registration), sections 66 (Provisional general registration of
person on probationary conditions) and 69 (Form of certificate of provisional
general registration)
s 117 75 s 118
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(b) an applicant for general registration were an applicant for special 1
purpose registration; and 2
(c) a general registration were a special purpose registration; and 3
(d) a general registrant were a special purpose registrant; and 4
(e) a certificate of general registration were a certificate of special 5
purpose registration; and 6
(f) a provisional general registrant were a provisional special purpose 7
registrant; and 8
(g) a provisional general registration were a provisional special 9
purpose registration; and 10
(h) a certificate of provisional general registration were a certificate of 11
provisional special purpose registration. 12
(2) The approved form for a certificate of special purpose registration, or 13
provisional special purpose registration, must also provide for the inclusion 14
of details of the special activity for which the registrant is registered. 15
16
Eligibility
117. An applicant for special purpose registration is eligible for special 17
purpose registration if the applicant-- 18
(a) has a qualification required for special purpose registration; and 19
(b) is a suitable person to be a special purpose registrant. 20
for special purpose registration 21
Qualifications
118.(1) An applicant for special purpose registration has a qualification 22
required for special purpose registration if the applicant is the holder of a 23
qualification in the profession recognised by the board. 24
(2) In deciding whether to recognise the qualification, the board may have 25
regard to the following-- 26
(a) whether the course leading to the qualification has been accredited 27
by an entity responsible for accrediting courses for the profession; 28
(b) whether the educational institution conferring or awarding the 29
s 119 76 s 120
Psychologists Registration
qualification has been accredited by an entity responsible for 1
accrediting institutions to educate persons for the profession; 2
(c) the advice and recommendations of an entity recognised by the 3
board as competent to assess qualifications in the profession. 4
to be a special purpose registrant 5
Suitability
119. In deciding whether an applicant for special purpose registration is a 6
suitable person to be a special purpose registrant, the board may have regard 7
to the following-- 8
(a) whether the applicant has been convicted of an indictable offence; 9
(b) whether the applicant has been convicted of an offence against the 10
repealed Act, this Act, the Health Practitioners (Professional 11
Standards) Act 1999 or a corresponding law; 12
(c) if the applicant has been registered under this Act or the repealed 13
Act or is, or has been, registered under a corresponding law and 14
the registration was affected-- 15
(i) by the imposition of a condition--the nature of the condition 16
and the reason for its imposition; or 17
(ii) by its suspension or cancellation--the reason for its 18
suspension or cancellation; or 19
(iii) in another way--the way it was affected and the reason for it 20
being affected; 21
(d) any other issue relevant to the applicant's ability to undertake the 22
special activity the subject of the application. 23
of special purpose registration 24
Period
120. If the board decides to register the applicant as a special purpose 25
registrant, the registration remains in force for the period, not more than 26
1 year, decided by the board when deciding to register the applicant as a 27
special purpose registrant. 28
s 121 77 s 123
Psychologists Registration
of conditions by board 1
Imposition
121.(1) The board may decide to register the applicant as a special 2
purpose registrant on conditions, other than probationary conditions, the 3
board considers necessary or desirable for the applicant to competently and 4
safely undertake the special activity the subject of the application. 5
(2) If the board decides to register the applicant as a special purpose 6
registrant on conditions, it must as soon as practicable give the applicant an 7
information notice about the decision. 8
of conditions 9
Contravention
122. A special purpose registrant must not contravene a condition of the 10
registration imposed under this Act. 11
Maximum penalty--100 penalty units. 12
special purpose registration of a person 13
Provisional
123.(1) Subsection (2) applies if an authorised person reasonably 14
considers-- 15
(a) an applicant for special purpose registration is eligible for the 16
registration without conditions; and 17
(b) because of the period before the board is likely to consider the 18
application in the ordinary course of its business, it is not 19
reasonable for the applicant to have to wait for the board to 20
consider the application. 21
(2) The authorised person may decide to register the applicant as a 22
provisional special purpose registrant. 23
(3) Subsection (4) applies if an authorised person or the board-- 24
(a) reasonably considers, subject to an applicant for special purpose 25
registration giving the board further evidence of the applicant's 26
relevant qualification, the applicant is eligible for the registration 27
without conditions; or 28
(b) reasonably considers-- 29
(i) an applicant for special purpose registration would be eligible 30
s 124 78 s 124
Psychologists Registration
for special purpose registration without conditions, other 1
than for the fact that the relevant qualification relied on by the 2
applicant have not been conferred on, or awarded to, the 3
applicant; and 4
(ii) the applicant is entitled to have the relevant qualification 5
conferred on, or awarded to, him or her. 6
(4) The authorised person or board may decide to register the applicant as 7
a provisional special purpose registrant. 8
(5) If the authorised person or board registers the applicant as a 9
provisional special purpose registrant, the authorised person or board must 10
as soon as practicable issue a certificate of provisional special purpose 11
registration to the applicant. 12
(6) The provisional special purpose registration of a person must not be 13
on conditions. 14
(7) In this section-- 15
"authorised person" has the meaning given by section 65, as applied by 16
section 116(1). 17
Subdivision 2--Renewal of special purpose registrations 18
of div 4, sdivs 2 and 3 19
Application
124. For renewing a special purpose registration, division 4, 20
subdivisions 2 and 3, other than sections 76(5)(a) and 81(3)27 and the 21
provisions to the extent to which they relate to recency of practice 22
requirements, apply as if-- 23
(a) an application for the renewal of a general registration were an 24
application for the renewal of a special purpose registration; and 25
(b) an applicant for the renewal of a general registration were an 26
applicant for the renewal of a special purpose registration; and 27
27 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for
renewal of general registrations) and 3 (Decision on applications),
sections 76 (Procedural requirements for applications) and 81 (Steps to be taken
after application decided)
s 125 79 s 127
Psychologists Registration
(c) an applicant's general registration were an applicant's special 1
purpose registration; and 2
(d) a general registrant were a special purpose registrant; and 3
(e) a certificate of general registration were a certificate of special 4
purpose registration. 5
that may be considered in deciding whether to renew special 6
Matters
purpose registrations 7
125. In deciding whether to renew a special purpose registration, the 8
board may have regard to the matters to which the board may have regard in 9
deciding whether a proposed special purpose registrant is a suitable person 10
to be a special purpose registrant.28 11
of conditions by board 12
Imposition
126.(1) The board may decide to renew a special purpose registration on 13
conditions, other than probationary conditions, the board considers 14
necessary or desirable for the registrant to competently and safely undertake 15
the special activity the subject of the registration. 16
(2) If the board decides to renew a special purpose registration on 17
conditions, it must as soon as practicable give the registrant an information 18
notice about the decision. 19
(3) To remove doubt, it is declared that any conditions attaching to the 20
registration immediately before its renewal do not continue to apply to the 21
registration on its renewal. 22
of renewed special purpose registration 23
Period
127. If the board decides to renew a special purpose registration, the 24
registration remains in force for the period, not more than 1 year, decided by 25
the board when deciding to renew the registration. 26
28 See section 100 (Suitability to be a special purpose registrant) for a list of the
matters.
s 128 80 s 130
Psychologists Registration
Subdivision 3--Cancellation of special purpose registrations 1
of div 6 2
Application
128. For cancelling a special purpose registration, division 6, other than 3
section 88, applies as if29-- 4
(a) a general registration were a special purpose registration; and 5
(b) a certificate of general registration were a certificate of special 6
purpose registration. 7
for cancellation 8
Grounds
129. Each of the following is a ground for cancelling a special purpose 9
registration-- 10
(a) the registrant has practised the profession other than for the 11
special activity for which the registrant is registered; 12
(b) the registrant has been convicted of an indictable offence; 13
(c) the registrant has been convicted of an offence against this Act, 14
the Health Practitioners (Professional Standards) Act 1999 or a 15
corresponding law; 16
(d) the registrant has contravened a condition of the registration; 17
(e) the registrant was registered because of a materially false or 18
misleading representation or declaration. 19
4--Removal of conditions 20
Subdivision
21
Removal
130.(1) This section applies if the board reasonably believes the 22
conditions imposed on a special purpose registration under this Act are no 23
longer appropriate. 24
29 Division 6 (Cancellation of general registrations)
Section 88 (Ground for cancellation)
s 131 81 s 132
Psychologists Registration
(2) The board must decide to remove the conditions. 1
(3) The board must give the registrant notice of the decision as soon as 2
practicable after it is made. 3
(4) The registrant must return the certificate of special purpose 4
registration to the board within 14 days after receiving the notice, unless the 5
registrant has a reasonable excuse. 6
Maximum penalty--10 penalty units. 7
(5) On receiving the certificate, the board must-- 8
(a) amend the certificate in an appropriate way and return the 9
amended certificate to the registrant; or 10
(b) if the board does not consider it practicable to amend the 11
certificate--issue another certificate of special purpose registration 12
to the registrant to replace the certificate returned to the board. 13
(6) The removal takes effect when notice of the decision is given to the 14
registrant and does not depend on the certificate of special purpose 15
registration being amended to record the removal or a replacement certificate 16
of special purpose registration being issued. 17
Division 10--General provisions about registrations 18
is taken to be registered under this part 19
Person
131.(1) This section applies if, under this Act, an entity decides to-- 20
(a) register a person; or 21
(b) restore a person's registration. 22
(2) The person is taken to be registered under this part. 23
of registrations 24
Surrender
132.(1) A registrant may surrender the registration by notice given to the 25
board. 26
(2) The surrender takes effect-- 27
(a) on the day the notice is given to the board; or 28
s 133 82 s 135
Psychologists Registration
(b) if a later day of effect is stated in the notice, on the later day. 1
(3) The registrant must return the certificate of registration to the board 2
within 14 days after the day the surrender takes effect, unless the registrant 3
has a reasonable excuse. 4
Maximum penalty for subsection (3)--10 penalty units. 5
of certificates of registration 6
Replacement
133.(1) A registrant may apply to the board for the replacement of the 7
certificate of registration if it has been lost, stolen, destroyed or damaged. 8
(2) The board must consider the application and decide to grant, or refuse 9
to grant, the application. 10
(3) The board must decide to grant the application if it is satisfied the 11
certificate has been lost, stolen or destroyed, or damaged in a way to require 12
its replacement. 13
(4) If the board decides to grant the application, it must on payment of the 14
fee prescribed under a regulation-- 15
(a) replace the lost, stolen, destroyed or damaged certificate with 16
another certificate of registration; and 17
(b) give the replacement certificate of registration to the applicant. 18
(5) If the board decides to refuse to grant the application, it must as soon 19
as practicable give the applicant an information notice about the decision. 20
copy of certificates of registration 21
Certified
134. A registrant may, on payment of the fee prescribed under a 22
regulation, obtain from the board a certified copy of the certificate of 23
registration. 24
of change in circumstances 25
Notification
135. A registrant must, within 21 days after the happening of a change in 26
the registrant's circumstances prescribed under a regulation, advise the 27
board of the change. 28
Maximum penalty--10 penalty units. 29
s 136 83 s 136
Psychologists Registration
of certain events to interstate regulatory authorities and 1
Notification
other entities 2
136.(1) This section applies if-- 3
(a) a person's general registration or special purpose registration is 4
cancelled under this Act; or 5
(b) conditions are imposed, under this Act, on a person's general 6
registration or special purpose registration; or 7
(c) conditions on a person's general registration or special purpose 8
registration are removed under this Act. 9
(2) As soon as practicable after an event mentioned in subsection (1) 10
happens, the board must give notice about the event to each interstate 11
regulatory authority with which the board is aware the person is registered. 12
(3) Also, the board may give notice about the event to any of the 13
following-- 14
(a) the chief executive; 15
(b) other State regulatory authorities; 16
(c) foreign regulatory authorities; 17
(d) professional colleges of which the person is eligible to be a 18
member; 19
(e) professional associations of which the person is eligible to be a 20
member; 21
(f) an employer of the person; 22
(g) the Health Insurance Commission; 23
(h) the Health Rights Commissioner; 24
(i) the Minister; 25
(j) another entity having a connection with the person's practice as a 26
general or special purpose registrant. 27
(4) However, the board must not give a notice about the event to an entity 28
under subsection (3) unless the board reasonably believes-- 29
(a) the entity needs to know about the event; and 30
(b) giving the entity notice about the event will assist in achieving the 31
s 137 84 s 137
Psychologists Registration
objects of this Act. 1
(5) A notice under this section may include the information the board 2
considers appropriate in the circumstances. 3
(6) In this section-- 4
"impose", a condition, does not include confirm the condition. 5
"State regulatory authorities" means boards established under the health 6
practitioner registration Acts. 7
ART 4--OBLIGATIONS OF REGISTRANTS AND 8
P
OTHER PERSONS 9
1--Restricted titles and holding out 10
Division
of restricted titles etc. 11
Taking
137.(1) A person who is not a registrant must not take or use a restricted 12
title. 13
Maximum penalty--1 000 penalty units. 14
15
Example of an individual taking or using a restricted title--
16
AB describes himself or herself as `AB, psychologist'.
17
Examples of a corporation taking or using a restricted title--
18
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, psychologists'.
19
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 20
(a) the title is taken or used as part of a business name for a business 21
providing professional services; and 22
(b) in the carrying on of the business by the person, a registrant 23
provides professional services. 24
(3) Also, subsection (1) does not apply if-- 25
s 137 85 s 137
Psychologists Registration
(a) the person is undertaking study or training in the practice of the 1
profession to obtain a qualification for registration; and 2
(b) the person takes or uses the title, in the course of the study or 3
training, in conjunction with words that indicate the person is a 4
student or trainee in the profession. 5
(4) A person (the "first person") must not, in relation to another person 6
who the first person knows or ought reasonably to know is not a registrant, 7
use a restricted title. 8
Maximum penalty--1 000 penalty units. 9
(5) Subsection (4) does not apply if-- 10
(a) the other person is undertaking study or training in the practice of 11
the profession to obtain a qualification for registration; and 12
(b) the first person uses the title in relation to the other person, in the 13
course of the study or training, in conjunction with words that 14
indicate the other person is a student or trainee in the profession. 15
(6) A person who is not a registrant must not take or use a title (other 16
than a restricted title), name, initial, symbol, word or description that, having 17
regard to the circumstances in which it is taken or used, indicates or could 18
be reasonably understood to indicate-- 19
(a) the person is a psychologist; or 20
(b) the person is authorised or qualified to practise the profession. 21
Maximum penalty--500 penalty units. 22
(7) A person (the "first person") must not, in relation to another person 23
who the first person knows or ought reasonably to know is not a registrant, 24
use a title (other than a restricted title), name, initial, symbol, word or 25
description that, having regard to the circumstances in which it is used, 26
indicates or could be reasonably understood to indicate-- 27
(a) the other person is a psychologist; or 28
(b) the other person is authorised or qualified to practise the 29
profession. 30
Maximum penalty for subsection (7)--500 penalty units. 31
s 138 86 s 140
Psychologists Registration
by persons as to registration 1
Claims
138. A person who is not a registrant must not-- 2
(a) claim, or hold himself or herself out, to be registered under this 3
Act; or 4
(b) allow himself or herself to be held out as being registered under 5
this Act; or 6
(c) claim, or hold himself or herself out, to be eligible to be registered 7
under this Act. 8
Maximum penalty--1 000 penalty units. 9
by persons as to other persons' registration 10
Claims
139. A person must not hold out another person as being registered 11
under this Act if the person knows, or ought reasonably to know, the other 12
person is not registered under this Act. 13
Maximum penalty--1 000 penalty units. 14
15
Example--
16
A person carrying on a business providing professional services must not hold out
17
that an employee of the person is registered under this Act if the person knows the
18
employee is not registered under this Act.
on special purpose registrants, provisional general 19
Restrictions
registrants and provisional special purpose registrants 20
140.(1) A person who is a special purpose registrant or provisional 21
special purpose registrant must not-- 22
(a) claim, or hold himself or herself out, to be a general registrant or 23
provisional general registrant; or 24
(b) allow himself or herself to be held out as being a general 25
registrant or provisional general registrant; or 26
(c) claim, or hold himself or herself out, to be eligible to be a general 27
registrant or provisional general registrant. 28
Maximum penalty--100 penalty units. 29
(2) A person who is a provisional general registrant must not-- 30
s 141 87 s 142
Psychologists Registration
(a) claim, or hold himself or herself out, to be a general registrant; or 1
(b) allow himself or herself to be held out as being a general 2
registrant; or 3
(c) claim, or hold himself or herself out, to be eligible to be a general 4
registrant. 5
Maximum penalty--100 penalty units. 6
(3) A person who is a provisional special purpose registrant must not-- 7
(a) claim, or hold himself or herself out, to be a special purpose 8
registrant; or 9
(b) allow himself or herself to be held out as being a special purpose 10
registrant; or 11
(c) claim, or hold himself or herself out, to be eligible to be a special 12
purpose registrant. 13
Maximum penalty--100 penalty units. 14
on registrants registered on conditions 15
Restrictions
141. A registrant who is registered on conditions, including, for example, 16
probationary conditions, must not-- 17
(a) claim, or hold himself or herself out, to be registered without the 18
conditions or any conditions; or 19
(b) allow himself or herself to be held out as being registered without 20
the conditions or any conditions. 21
Maximum penalty--100 penalty units. 22
Division 2--Notification of business names and other details 23
of business names etc. 24
Notification
142.(1) A registrant must, before carrying on a business providing 25
professional services under a business name other than the registrant's own 26
name, give the board notice of the business name. 27
Maximum penalty--10 penalty units. 28
s 143 88 s 143
Psychologists Registration
(2) Subsection (1) applies whether or not the business name is registered 1
under the Business Names Act 1962. 2
(3) An individual who is not a registrant must, before carrying on a 3
business providing professional services, give the board notice of-- 4
(a) the business name of the business (whether or not the name is 5
registered under the Business Names Act 1962); and 6
(b) the name and address of the individual. 7
Maximum penalty--10 penalty units. 8
(4) A corporation must, before carrying on a business providing 9
professional services, give the board notice of-- 10
(a) the business name of the business (whether or not the name is 11
registered under the Business Names Act 1962); and 12
(b) the name and principal address of the corporation; and 13
(c) the names and addresses of-- 14
(i) if the corporation is a corporation under the Corporations 15
Law--the directors of the corporation; or 16
(ii) if the corporation is not a corporation under the Corporations 17
Law--the members of the governing body of the 18
corporation. 19
Maximum penalty for subsection (4)--50 penalty units. 20
of change in business names etc. 21
Notification
143.(1) This section applies if-- 22
(a) a person has given the board a notice under section 142; and 23
(b) there is a change in the information contained in the notice. 24
(2) The person must, within 14 days after the happening of the change, 25
give the board notice of the change. 26
Maximum penalty--10 penalty units. 27
(3) The person does not commit an offence against section 142 during 28
the period of 14 days after the happening of the change if the person 29
complies with subsection (2). 30
s 144 89 s 144
Psychologists Registration
Division 3--Advertising 1
of advertisers 2
Obligations
144.(1) A person must not advertise a professional service, or a business 3
providing professional services, in a way that-- 4
(a) is false, misleading or deceptive or is likely to be misleading or 5
deceptive; or 6
7
Example for paragraph (a)--
8
An advertisement that contains a false claim about the beneficial
9
outcome of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 10
use the service or the business, unless the advertisement also 11
states the terms of the offer; or 12
(c) refers to, uses or cites actual or purported endorsements or 13
testimonials about the service or business, or a registrant; or 14
(d) is disparaging of-- 15
(i) a professional service provided by another person; or 16
(ii) a business providing professional services; or 17
(iii) a registrant. 18
Maximum penalty--200 penalty units. 19
(2) A person must not advertise a professional service that the person 20
knows or ought reasonably know will, or is likely to, harm a person to 21
whom it is provided. 22
Maximum penalty--200 penalty units. 23
(3) A person must not advertise a registrant's expertise in a field of 24
practice of the profession unless the registrant has the skills, knowledge, 25
training or qualifications necessary to practise in the field. 26
Maximum penalty--200 penalty units. 27
(4) A printer or publisher does not commit an offence against 28
subsection (1), (2) or (3) merely by, as part of his or her business, printing 29
or publishing an advertisement for another person. 30
s 145 90 s 147
Psychologists Registration
to appear in advertisements 1
Information
145.(1) A person must not advertise a professional service, or a business 2
providing professional services, unless-- 3
(a) if a registrant provides the service, or carries on the business, 4
under a business name that is the registrant's own name--the 5
registrant's name is stated in the advertisement; or 6
(b) otherwise--the business name notified to the board under 7
section 142(1), (3) or (4) is stated in the advertisement. 8
Maximum penalty--50 penalty units. 9
(2) A printer or publisher does not commit an offence against 10
subsection (1) merely by, as part of his or her business, printing or 11
publishing an advertisement for another person. 12
4--Registrants' autonomy 13
Division
abetting etc. conduct that is a ground for disciplinary action 14
Aiding,
146.(1) A person must not aid, abet, counsel, procure or induce a 15
registrant to engage in conduct that the person is aware, or ought reasonably 16
be aware, is conduct forming the basis for a ground for disciplinary action 17
against a registrant mentioned in the Health Practitioners (Professional 18
Standards) Act 1999, section 124(1).30 19
Maximum penalty--1 000 penalty units. 20
(2) To remove doubt, it is declared that a registrant may be induced by 21
threats or promises. 22
5--Court orders and injunctions 23
Division
may be prohibited from supplying health services etc. 24
Persons
147.(1) This section applies if a person is convicted of an offence against 25
30 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
s 147 91 s 147
Psychologists Registration
section 137, 138, 139, 144(1)(a), (2) or (3), 146(1) or 150.31 1
(2) The court sentencing the person for the offence may, on its own 2
initiative or the application of the prosecutor, make an order under 3
subsection (3) or (5). 4
(3) The court may make an order, applying for a period decided by the 5
court-- 6
(a) prohibiting the person from providing, or carrying on or 7
managing a business providing, a health service; or 8
(b) prohibiting the person from having a financial interest in a 9
business providing a health service; or 10
(c) if the person is a corporation, prohibiting an executive officer of 11
the corporation, who was in a position to influence the conduct of 12
the corporation in relation to the offence, from managing a 13
corporation that carries on a business providing a health service. 14
(4) For subsection (3)(c), a person manages a corporation if the person is 15
a director, or is in any way concerned in or takes part in the management of, 16
the corporation. 17
(5) Also, the court may make an order, applying for a period decided by 18
the court-- 19
(a) prohibiting the person from entering into commercial 20
arrangements with a person who provides, carries on or manages 21
a business providing, a health service; or 22
(b) if the person is a corporation, prohibiting an executive officer of 23
the corporation, who was in a position to influence the conduct of 24
the corporation in relation to the offence, from entering into 25
commercial arrangements with a person who provides, carries on 26
or manages a business providing, a health service. 27
(6) An order under subsection (3) or (5) may apply generally or be 28
limited in its application by reference to specified conditions, exceptions or 29
factors. 30
31 Section 137 (Taking of restricted titles etc.), 138 (Claims by persons as to
registration), 139 (Claims by persons as to other persons' registration),
144 (Obligations of advertisers), 146 (Aiding, abetting etc. conduct that is a
ground for disciplinary action) or 150 (Offence for taking reprisal)
s 148 92 s 148
Psychologists Registration
(7) A reference in subsection (5) to a person entering into commercial 1
arrangements includes the entering into commercial arrangements on behalf 2
of another person. 3
(8) A person must not contravene an order under subsection (3) or (5). 4
Maximum penalty for subsection (8)--1 000 penalty units. 5
njunctions 6
I
148.(1) This section applies if-- 7
(a) a person (the "offending party")-- 8
(i) has engaged, is engaging or is proposing to engage in 9
conduct; or 10
(ii) has failed, is failing or is proposing to fail to do anything; 11
and 12
(b) the conduct or failure constituted, constitutes or would constitute a 13
contravention of section 137, 138, 139, 144(1)(a), (2) or (3) 14
or 146(1). 15
(2) Application may be made to the court under this section for an 16
injunction in relation to the conduct or failure. 17
(3) The application may be made by the board or a person authorised in 18
writing by the board. 19
(4) The court may grant an interim injunction under this section until the 20
application is finally decided. 21
(5) On considering the application for the injunction, the court may-- 22
(a) in a case to which subsection (1)(a)(i) applies--grant an 23
injunction restraining the offending party from engaging in the 24
conduct concerned and, if in the court's opinion it is desirable to 25
do so, requiring the offending party to do anything; or 26
(b) in a case to which subsection (1)(a)(ii) applies--grant an 27
injunction requiring the offending party to do the thing concerned. 28
(6) The court may grant the injunction-- 29
(a) if the court is satisfied that the offending party has engaged in the 30
conduct, or failed to do the thing, mentioned in subsection (1), 31
s 149 93 s 149
Psychologists Registration
whether or not it appears to the court that the offending party 1
intends-- 2
(i) to engage again, or continue to engage, in the conduct; or 3
(ii) to again fail, or continue to fail, to do the thing; or 4
(b) if it appears to the court that, if the injunction is not granted, it is 5
likely that the offending party will engage in the conduct, or fail to 6
do the thing, mentioned in subsection (1), whether or not the 7
offending party has previously engaged in the conduct or failed to 8
do the thing. 9
(7) The court may grant the injunction on the terms the court considers 10
appropriate. 11
(8) Also, the court may grant an injunction requiring the offending party 12
to take stated action (including action to disclose information or publish 13
advertisements) to remedy any adverse effects of the offending party's 14
conduct or failure. 15
(9) The court may discharge an injunction granted under this section at 16
any time. 17
(10) The powers conferred on the court by this section are in addition to, 18
and do not limit, any other powers of the court. 19
(11) In this section-- 20
"court" means-- 21
(a) if proceedings for an offence relating to the conduct or failure are 22
pending in a Magistrates Court--the Magistrates Court; or 23
(b) in any case--the District Court. 24
Division 6--Reprisals 25
and grounds for reprisals 26
Reprisal
149.(1) A person must not cause, or attempt or conspire to cause, 27
detriment to another person because, or in the belief that-- 28
(a) anybody has given, or may give, information or assistance to the 29
board or an inspector about a person's alleged contravention of 30
s 150 94 s 151
Psychologists Registration
division 1 or section 144(1)(a), (2) or (3) or 146(1);32 or 1
(b) anybody has given, or may give, evidence to the court in 2
proceedings for an offence against division 1 or section 144(1)(a), 3
(2) or (3) or 146(1). 4
(2) An attempt to cause detriment includes an attempt to induce a person 5
to cause detriment. 6
(3) A contravention of subsection (1) is a reprisal or the taking of a 7
reprisal. 8
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 9
the unlawful ground for the reprisal. 10
(5) For the contravention mentioned in subsection (3) to happen, it is 11
sufficient if the unlawful ground is a substantial ground for the act or 12
omission that is the reprisal, even if there is another ground for the act or 13
omission. 14
for taking reprisal 15
Offence
150. A person who takes a reprisal commits an offence. 16
Maximum penalty--167 penalty units or 2 years imprisonment. 17
entitlement for reprisal 18
Damages
151.(1) A reprisal is a tort and a person who takes a reprisal is liable in 19
damages to any person who suffers detriment as a result. 20
(2) Any appropriate remedy that may be granted by a court for a tort may 21
be granted by a court for the taking of a reprisal. 22
(3) If the claim for damages goes to trial in the Supreme Court or the 23
District Court, it must be decided by a judge sitting without a jury. 24
32 Division 1 (Restricted titles and holding out), section 144 (Obligations of
advertisers) or 146 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 152 95 s 154
Psychologists Registration
7--Other provisions 1
Division
or acceptance of payment, for referrals prohibited 2
Payment,
152.(1) This section applies to a registrant, or a person carrying on a 3
business providing professional services, (the "service provider"). 4
(2) The service provider must not, directly or indirectly, pay an amount 5
or give another benefit, or attempt to pay an amount or give another benefit, 6
to a person in return for the person referring another person to the service 7
provider or service provider's business. 8
Maximum penalty--200 penalty units. 9
(3) The service provider must not, directly or indirectly, accept payment 10
or another benefit for referring a user of the professional services provided 11
by the service provider, or service provider's business, to a person 12
providing, or carrying on a business providing, a health service. 13
Maximum penalty for subsection (3)--200 penalty units. 14
PART 5--INVESTIGATION AND ENFORCEMENT 15
Division 1--Inspectors 16
of inspectors 17
Functions
153. An inspector has the function of conducting investigations and 18
inspections to enforce compliance with this Act. 19
of inspectors 20
Powers
154. For this Act, an inspector has the powers given to the person under 21
this Act. 22
s 155 96 s 157
Psychologists Registration
on powers of inspectors 1
Limitation
155. The powers of an inspector may be limited under a condition of 2
appointment. 3
2--Appointment of inspectors and other matters 4
Division
ppointments 5
A
156. The board may appoint the following persons as an inspector-- 6
(a) a member; 7
(b) the executive officer; 8
(c) if the executive officer has agreed to the appointment, a member 9
of the office's staff the board considers has the necessary 10
expertise or experience to be an inspector; 11
(d) another person the board considers has the necessary expertise or 12
experience to be an inspector. 13
conditions 14
Appointment
157.(1) An inspector holds office on the conditions stated in the 15
instrument of appointment. 16
(2) An inspector ceases holding office-- 17
(a) if the appointment provides for a term of appointment--at the end 18
of the term; or 19
(b) if the conditions of appointment provide--on ceasing to hold 20
another office (the "main office") stated in the appointment 21
conditions. 22
(3) An inspector may resign by signed notice of resignation given to the 23
board. 24
(4) However, an inspector may not resign from the office of inspector 25
(the "secondary office") if a condition of the inspector's employment to the 26
main office requires the inspector to hold the secondary office. 27
s 158 97 s 160
Psychologists Registration
cards 1
Identity
158.(1) The board must give an identity card to each inspector. 2
(2) The identity card must-- 3
(a) contain a recent photograph of the inspector; and 4
(b) be signed by the inspector; and 5
(c) identify the person as an inspector for this Act; and 6
(d) include an expiry date for the card. 7
(3) This section does not prevent the issue of a single identity card to a 8
person for this Act and other Acts. 9
to return identity card 10
Failure
159. A person who ceases to be an inspector must return the person's 11
identity card to the chairperson within 7 days after the person ceases to be an 12
inspector, unless the person has a reasonable excuse. 13
Maximum penalty--10 penalty units. 14
or display of inspector's identity card 15
Production
160.(1) An inspector may exercise a power in relation to someone else 16
(the "other person") only if the inspector-- 17
(a) first produces the inspector's identity card for the other person's 18
inspection; or 19
(b) has the identity card displayed so it is clearly visible to the other 20
person. 21
(2) However, if for any reason it is not practicable to comply with 22
subsection (1) before exercising the power, the inspector must produce the 23
identity card for the other person's inspection at the first reasonable 24
opportunity. 25
s 161 98 s 162
Psychologists Registration
3--Powers of inspectors 1
Division
1--Entry of places 2
Subdivision
to enter places 3
Power
161.(1) An inspector may enter a place if-- 4
(a) its occupier consents to the entry; or 5
(b) it is a public place and the entry is made when the place is open to 6
the public; or 7
(c) the entry is authorised by a warrant. 8
(2) For the purpose of asking the occupier of a place for consent to enter, 9
an inspector may, without the occupier's consent or a warrant-- 10
(a) enter land around premises at the place to an extent that is 11
reasonable to contact the occupier; or 12
(b) enter part of the place the inspector reasonably considers 13
members of the public ordinarily are allowed to enter when they 14
wish to contact the occupier. 15
2--Procedure for entry 16
Subdivision
with consent 17
Entry
162.(1) This section applies if an inspector intends to ask an occupier of a 18
place to consent to the inspector or another inspector entering the place 19
under section 161(1)(a). 20
(2) Before asking for the consent, the inspector must tell the occupier-- 21
(a) the purpose of the entry; and 22
(b) that the occupier is not required to consent. 23
(3) If the consent is given, the inspector may ask the occupier to sign an 24
acknowledgment of the consent. 25
(4) The acknowledgment must state-- 26
s 163 99 s 163
Psychologists Registration
(a) the occupier has been told-- 1
(i) the purpose of the entry; and 2
(ii) that the occupier is not required to consent; and 3
(b) the purpose of the entry; and 4
(c) the occupier gives the inspector consent to enter the place and 5
exercise powers under this part; and 6
(d) the time and date the consent was given. 7
(5) If the occupier signs the acknowledgment, the inspector must 8
immediately give a copy to the occupier. 9
(6) A court must find the occupier of a place did not consent to an 10
inspector entering the place under this part if-- 11
(a) an issue arises in a proceeding before the court whether the 12
occupier of the place consented to the entry under 13
section 161(1)(a); and 14
(b) an acknowledgment mentioned in subsection (4) is not produced 15
in evidence for the entry; and 16
(c) it is not proved by the person relying on the lawfulness of the 17
entry that the occupier consented to the entry. 18
for warrant 19
Application
163.(1) An inspector may apply to a magistrate for a warrant for a place. 20
(2) The application must be sworn and state the grounds on which the 21
warrant is sought. 22
(3) The magistrate may refuse to consider the application until the 23
inspector gives the magistrate all the information the magistrate requires 24
about the application in the way the magistrate requires. 25
26
Example--
27
The magistrate may require additional information supporting the application to be
28
given by statutory declaration.
s 164 100 s 165
Psychologists Registration
of warrant 1
Issue
164.(1) The magistrate may issue a warrant only if the magistrate is 2
satisfied there are reasonable grounds for suspecting-- 3
(a) there is a particular thing or activity (the "evidence") that may 4
provide evidence of an offence against this Act; and 5
(b) the evidence is at the place, or may be at the place within the next 6
7 days. 7
(2) The warrant must state-- 8
(a) that a stated inspector may, with necessary and reasonable help 9
and force-- 10
(i) enter the place and any other place necessary for entry; and 11
(ii) exercise the inspector's powers under this part; and 12
(b) the offence for which the warrant is sought; and 13
(c) the evidence that may be seized under the warrant; and 14
(d) the hours of the day or night when the place may be entered; and 15
(e) the date, within 14 days after the warrant's issue, the warrant 16
ends. 17
warrants 18
Special
165.(1) An inspector may apply for a warrant (a "special warrant") by 19
phone, fax, radio or another form of communication if the inspector 20
considers it necessary because of-- 21
(a) urgent circumstances; or 22
(b) other special circumstances, including, for example, the 23
inspector's remote location. 24
(2) Before applying for the special warrant, the inspector must prepare an 25
application stating the grounds on which the warrant is sought. 26
(3) The inspector may apply for the special warrant before the application 27
is sworn. 28
(4) After issuing the special warrant, the magistrate must immediately 29
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 30
s 165 101 s 165
Psychologists Registration
practicable to fax the copy. 1
(5) If it is not reasonably practicable to fax a copy to the inspector-- 2
(a) the magistrate must tell the inspector-- 3
(i) what the terms of the special warrant are; and 4
(ii) the date and time the special warrant was issued; and 5
(b) the inspector must complete a form of warrant (a "warrant 6
form") and write on it-- 7
(i) the magistrate's name; and 8
(ii) the date and time the magistrate issued the special warrant; 9
and 10
(iii) the terms of the special warrant. 11
(6) The facsimile warrant, or the warrant form properly completed by the 12
inspector, authorises the entry and the exercise of the other powers stated in 13
the special warrant issued. 14
(7) The inspector must, at the first reasonable opportunity, send to the 15
magistrate-- 16
(a) the sworn application; and 17
(b) if the inspector completed a warrant form, the completed warrant 18
form. 19
(8) On receiving the documents, the magistrate must attach them to the 20
special warrant. 21
(9) A court must find the exercise of the power by an inspector was not 22
authorised by a special warrant if-- 23
(a) an issue arises in a proceeding before the court whether the 24
exercise of the power was authorised by a special warrant 25
mentioned in subsection (1); and 26
(b) the special warrant is not produced in evidence; and 27
(c) it is not proved by the person relying on the lawfulness of the 28
entry that the inspector obtained the special warrant. 29
s 166 102 s 167
Psychologists Registration
before entry 1
Warrants--procedure
166.(1) This section applies if an inspector named in a warrant issued 2
under this part for a place is intending to enter the place under the warrant. 3
(2) Before entering the place, the inspector must do or make a reasonable 4
attempt to do the following things-- 5
(a) identify himself or herself to a person present at the place who is 6
an occupier of the place by producing a copy of the inspector's 7
identity card or other document evidencing the inspector's 8
appointment; 9
(b) give the person a copy of the warrant or, if the entry is authorised 10
by a facsimile warrant or warrant form mentioned in 11
section 165(6), a copy of the facsimile warrant or warrant form; 12
(c) tell the person the inspector is permitted by the warrant to enter 13
the place; 14
(d) give the person an opportunity to allow the inspector immediate 15
entry to the place without using force. 16
(3) However, the inspector need not comply with subsection (2) if the 17
inspector believes on reasonable grounds that immediate entry to the place is 18
required to ensure the effective execution of the warrant is not frustrated. 19
Subdivision 3--Powers after entry 20
powers after entering places 21
General
167.(1) This section applies to an inspector who enters a place. 22
(2) However, if an inspector enters a place to get the occupier's consent 23
to enter premises, this section applies to the inspector only if the consent is 24
given or the entry is otherwise authorised. 25
(3) For enforcing compliance with this Act, the inspector may-- 26
(a) search any part of the place; or 27
(b) inspect, measure, test, photograph or film any part of the place or 28
anything at the place; or 29
(c) take a thing, or a sample of or from a thing, for analysis or 30
s 168 103 s 169
Psychologists Registration
testing; or 1
(d) take an extract from, or copy, a document at the place; or 2
(e) take into or onto the place any person, equipment and materials 3
the inspector reasonably requires for exercising a power under 4
this part; or 5
(f) require the occupier of the place, or a person at the place, to give 6
the inspector reasonable help to exercise the inspector's powers 7
under paragraphs (a) to (e); or 8
(g) require the occupier of the place, or a person at the place, to give 9
the inspector information to help the inspector ascertain whether 10
this Act is being complied with. 11
(4) When making a requirement mentioned in subsection (3)(f) or (g), 12
the inspector must warn the person it is an offence to fail to comply with the 13
requirement, unless the person has a reasonable excuse. 14
to help inspector 15
Failure
168.(1) A person required to give reasonable help under section 167(3)(f) 16
must comply with the requirement, unless the person has a reasonable 17
excuse. 18
Maximum penalty--50 penalty units. 19
(2) If an individual is required under section 167(3)(f) to give 20
information, or produce a document, it is a reasonable excuse for the 21
individual not to comply with the requirement that complying with the 22
requirement might tend to incriminate the individual. 23
to give information 24
Failure
169.(1) A person of whom a requirement is made under 25
section 167(3)(g) must comply with the requirement, unless the person has 26
a reasonable excuse. 27
Maximum penalty--50 penalty units. 28
(2) It is a reasonable excuse for an individual not to comply with the 29
requirement that complying with the requirement might tend to incriminate 30
the individual. 31
s 170 104 s 171
Psychologists Registration
4--Power to seize evidence 1
Subdivision
evidence at a place that may be entered without consent or 2
Seizing
warrant 3
170. An inspector who enters a place that may be entered under this 4
division without the consent of the occupier and without a warrant, may 5
seize a thing at the place if the inspector reasonably believes the thing is 6
evidence of an offence against this Act. 7
evidence at a place that may only be entered with consent or 8
Seizing
warrant 9
171.(1) This section applies if-- 10
(a) an inspector is authorised to enter a place under this division only 11
with the consent of the occupier of the place or a warrant; and 12
(b) the inspector enters the place after obtaining the necessary consent 13
or warrant. 14
(2) If the inspector enters the place with the occupier's consent, the 15
inspector may seize a thing at the place if-- 16
(a) the inspector reasonably believes the thing is evidence of an 17
offence against this Act; and 18
(b) seizure of the thing is consistent with the purpose of entry as told 19
to the occupier when asking for the occupier's consent. 20
(3) If the inspector enters the place with a warrant, the inspector may 21
seize the evidence for which the warrant was issued. 22
(4) The inspector also may seize anything else at the place if the inspector 23
reasonably believes-- 24
(a) the thing is evidence of an offence against this Act; and 25
(b) the seizure is necessary to prevent the thing being-- 26
(i) hidden, lost or destroyed; or 27
(ii) used to continue, or repeat, the offence. 28
(5) Also, the inspector may seize a thing at the place if the inspector 29
s 172 105 s 174
Psychologists Registration
reasonably believes it has just been used in committing an offence against 1
this Act. 2
seized things 3
Securing
172. Having seized a thing, an inspector may-- 4
(a) move the thing from the place where it was seized (the "place of 5
seizure"); or 6
(b) leave the thing at the place of seizure but take reasonable action to 7
restrict access to it. 8
9
Examples of restricting access to a thing--
10
1. Sealing a thing and marking it to show access to it is restricted.
11
2. Sealing the entrance to a room where the seized thing is situated
12
and marking the entrance to show access to the room is restricted.
with seized things 13
Tampering
173. If an inspector restricts access to a seized thing, a person must not 14
tamper, or attempt to tamper, with the thing, or something restricting access 15
to the thing, without an inspector's approval. 16
Maximum penalty--100 penalty units. 17
to support seizure 18
Powers
174.(1) To enable a thing to be seized, an inspector may require the 19
person in control of it-- 20
(a) to take it to a stated reasonable place by a stated reasonable time; 21
and 22
(b) if necessary, to remain in control of it at the stated place for a 23
reasonable time. 24
(2) The requirement-- 25
(a) must be made by notice in the approved form; or 26
(b) if for any reason it is not practicable to give the notice, may be 27
made orally and confirmed by notice in the approved form as 28
s 175 106 s 176
Psychologists Registration
soon as practicable. 1
(3) A further requirement may be made under this section about the same 2
thing if it is necessary and reasonable to make the further requirement. 3
(4) A person of whom a requirement is made under subsection (1) or (3) 4
must comply with the requirement, unless the person has a reasonable 5
excuse. 6
Maximum penalty for subsection (4)--50 penalty units. 7
for seized things 8
Receipts
175.(1) As soon as practicable after an inspector seizes a thing, the 9
inspector must give a receipt for it to the person from whom it was seized. 10
(2) However, if for any reason it is not practicable to comply with 11
subsection (1), the inspector must leave the receipt at the place of seizure in 12
a conspicuous position and in a reasonably secure way. 13
(3) The receipt must describe generally each thing seized and its 14
condition. 15
(4) This section does not apply to a thing if it is impracticable or would 16
be unreasonable to give the receipt, given the thing's nature, condition and 17
value. 18
of seized things 19
Forfeiture
176.(1) A seized thing is forfeited to the State if the inspector who seized 20
the thing-- 21
(a) can not find its owner, after making reasonable inquiries; or 22
(b) can not return it to its owner, after making reasonable efforts; or 23
(c) reasonably believes it is necessary to retain the thing to prevent it 24
being used to commit an offence against this Act. 25
(2) In applying subsection (1)-- 26
(a) subsection (1)(a) does not require the inspector to make inquiries 27
if it would be unreasonable to make inquiries to find the owner; 28
and 29
s 177 107 s 177
Psychologists Registration
(b) subsection (1)(b) does not require the inspector to make efforts if 1
it would be unreasonable to make efforts to return the thing to its 2
owner. 3
(3) If the inspector makes a decision under subsection (1)(c), resulting in 4
the seized thing being forfeited to the State, the inspector must immediately 5
give the owner an information notice for the decision. 6
(4) Subsection (3) does not apply if-- 7
(a) the inspector can not find the owner, after making reasonable 8
inquiries; or 9
(b) it is impracticable or would be unreasonable to give the 10
information notice. 11
(5) Regard must be had to a thing's nature, condition and value-- 12
(a) in deciding-- 13
(i) whether it is reasonable to make inquiries or efforts; and 14
(ii) if making inquiries or efforts, what inquiries or efforts, 15
including the period over which they are made, are 16
reasonable; or 17
(b) in deciding whether it would be unreasonable to give the 18
information notice. 19
on conviction 20
Forfeiture
177.(1) On the conviction of a person for an offence against this Act, the 21
court may order the forfeiture to the State of-- 22
(a) anything used to commit the offence; or 23
(b) anything else the subject of the offence. 24
(2) The court may make the order-- 25
(a) whether or not the thing has been seized; and 26
(b) if the thing has been seized, whether or not the thing has been 27
returned to its owner. 28
(3) The court may make any order to enforce the forfeiture it considers 29
appropriate. 30
s 178 108 s 180
Psychologists Registration
(4) This section does not limit the court's powers under the Penalties and 1
Sentences Act 1992 or another law. 2
with forfeited things etc. 3
Dealing
178.(1) On the forfeiture of a thing to the State, the thing becomes the 4
State's property and may be dealt with by the executive officer as the 5
executive officer considers appropriate. 6
(2) Without limiting subsection (1), the executive officer may destroy or 7
dispose of the thing. 8
(3) Despite subsection (1), the executive officer must not deal with the 9
thing in a way that could prejudice the outcome of-- 10
(a) an appeal started under section 193(3); or 11
(b) another appeal, relevant to the thing, of which the executive officer 12
is aware. 13
of seized things 14
Return
179.(1) If a seized thing has not been forfeited, the inspector must return 15
it to its owner-- 16
(a) at the end of 6 months; or 17
(b) if a proceeding for an offence involving the thing is started within 18
6 months, at the end of the proceeding and any appeal from the 19
proceeding. 20
(2) Despite subsection (1), unless the thing has been forfeited, the 21
inspector must immediately return a thing seized as evidence to its owner if 22
the inspector stops being satisfied its continued retention as evidence is 23
necessary. 24
to seized things 25
Access
180.(1) Until a seized thing is forfeited or returned, an inspector must 26
allow its owner to inspect it and, if it is a document, to copy it. 27
(2) Subsection (1) does not apply if it is impracticable or would be 28
unreasonable to allow the inspection or copying. 29
s 181 109 s 182
Psychologists Registration
Subdivision 5--Power to obtain information 1
to require name and address 2
Power
181.(1) This section applies if-- 3
(a) an inspector finds a person committing an offence against this 4
Act; or 5
(b) an inspector finds a person in circumstances that lead, or has 6
information that leads, the inspector to reasonably suspect the 7
person has just committed an offence against this Act. 8
(2) The inspector may require the person to state the person's name and 9
residential address. 10
(3) When making the requirement, the inspector must warn the person it 11
is an offence to fail to state the person's name or residential address, unless 12
the person has a reasonable excuse. 13
(4) The inspector may require the person to give evidence of the 14
correctness of the stated name or residential address if the inspector 15
reasonably suspects the stated name or address is false. 16
(5) A requirement under subsection (2) or (4) is called a "personal 17
details requirement". 18
to give name or address 19
Failure
182.(1) A person of whom a personal details requirement is made must 20
comply with the requirement, unless the person has a reasonable excuse. 21
Maximum penalty--50 penalty units. 22
(2) A person does not commit an offence against subsection (1) if-- 23
(a) the person was required to state the person's name and residential 24
address by an inspector who suspected the person had committed 25
an offence against this Act; and 26
(b) the person is not proved to have committed the offence. 27
s 183 110 s 185
Psychologists Registration
to require production of documents 1
Power
183.(1) An inspector may require a person to make available for 2
inspection by an inspector, or produce to the inspector for inspection, at a 3
reasonable time and place nominated by the inspector a document issued to 4
the person under this Act. 5
(2) The inspector may keep the document to copy it. 6
(3) The inspector must return the document to the person as soon as 7
practicable after copying it. 8
(4) While the document is in the inspector's possession, the inspector 9
must allow it to be inspected or copied, at a reasonable time, by a person 10
who would be entitled to inspect or copy it were it not in the inspector's 11
possession. 12
(5) A requirement under subsection (1) is called a "document 13
production requirement". 14
to produce document 15
Failure
184.(1) A person of whom a document production requirement is made 16
must comply with the requirement, unless the person has a reasonable 17
excuse. 18
Maximum penalty--50 penalty units. 19
(2) It is not a reasonable excuse for an individual not to comply with a 20
document production requirement if complying with the requirement might 21
tend to incriminate the individual. 22
to require information 23
Power
185.(1) This section applies if an inspector reasonably believes-- 24
(a) an offence against this Act has been committed; and 25
(b) a person may be able to give information about the offence. 26
(2) The inspector may, by notice given to the person, require the person 27
to give information, including a document, about the offence to the inspector 28
at a stated reasonable time and place. 29
(3) The person must comply with a requirement under subsection (2), 30
s 186 111 s 187
Psychologists Registration
unless the person has a reasonable excuse. 1
Maximum penalty--50 penalty units. 2
(4) For this section, it is a reasonable excuse for an individual to fail to 3
give information that giving the information might tend to incriminate the 4
individual. 5
4--General enforcement matters 6
Division
of damage 7
Notice
186.(1) This section applies if-- 8
(a) an inspector damages property when exercising or purporting to 9
exercise a power; or 10
(b) a person (the "other person") acting under the direction of an 11
inspector damages property. 12
(2) The inspector must immediately give notice of particulars of the 13
damage to the person who appears to the inspector to be the owner of the 14
property. 15
(3) If the inspector believes the damage was caused by a latent defect in 16
the property or circumstances beyond the inspector's or other person's 17
control, the inspector may state the belief in the notice. 18
(4) If, for any reason, it is impracticable to comply with subsection (2), 19
the inspector must leave the notice in a conspicuous position and in a 20
reasonably secure way where the damage happened. 21
(5) This section does not apply to damage the inspector reasonably 22
believes is trivial. 23
(6) In this section-- 24
"owner", of property, includes the person in possession or control of it. 25
26
Compensation
187.(1) A person may claim from the board the cost of repairing or 27
replacing property damaged because of the exercise or purported exercise of 28
s 188 112 s 189
Psychologists Registration
a power under any of the following subdivisions of division 333-- 1
· subdivision 1 (Entry of places) 2
· subdivision 3 (Powers after entry) 3
· subdivision 4 (Power to seize evidence). 4
(2) Without limiting subsection (1), compensation may be claimed for 5
loss or expense incurred in complying with a requirement made of the 6
person under the subdivision. 7
(3) Compensation may be claimed and ordered to be paid in a 8
proceeding-- 9
(a) brought in a court with jurisdiction for the recovery of the amount 10
of compensation claimed; or 11
(b) for an offence against this Act brought against the person 12
claiming compensation. 13
(4) A court may order compensation to be paid only if it is satisfied it is 14
just to make the order in the circumstances of the particular case. 15
or misleading information 16
False
188. A person must not give information to an inspector the person 17
knows is false or misleading in a material particular. 18
Maximum penalty--50 penalty units. 19
or misleading documents 20
False
189.(1) A person must not give an inspector a document containing 21
information the person knows is false or misleading in a material particular. 22
Maximum penalty--50 penalty units. 23
(2) Subsection (1) does not apply to a person if the person, when giving 24
the document-- 25
(a) tells the inspector, to the best of the person's ability, how it is 26
false or misleading; and 27
33 Division 3 (Powers of inspectors)
s 190 113 s 192
Psychologists Registration
(b) if the person has, or can reasonably obtain, the correct 1
information, gives the correct information. 2
inspectors 3
Obstructing
190.(1) A person must not obstruct an inspector in the exercise of a 4
power, unless the person has a reasonable excuse. 5
Maximum penalty--100 penalty units. 6
(2) If a person has obstructed an inspector and the inspector decides to 7
proceed with the exercise of the power, the inspector must warn the person 8
that-- 9
(a) it is an offence to obstruct the inspector, unless the person has a 10
reasonable excuse; and 11
(b) the inspector considers the person's conduct is an obstruction. 12
(3) In this section-- 13
"obstruct" includes hinder and attempt to obstruct or hinder. 14
of inspectors 15
Impersonation
191. A person must not pretend to be an inspector. 16
Maximum penalty--50 penalty units. 17
ART 6--APPEALS 18
P
may appeal 19
Who
192.(1) A person (the "appellant") who is given, or is entitled to be 20
given, an information notice for a decision (the "original decision") may 21
appeal against the decision to the District Court.34 22
34 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 193 114 s 194
Psychologists Registration
(2) To help users of this Act, schedule 1 identifies the decisions for 1
which an information notice must be given under this Act. 2
appeals 3
Starting
193.(1) The appeal may be started at-- 4
(a) the District Court at the place where the person resides or carries 5
on business; or 6
(b) the District Court at Brisbane. 7
(2) Subsection (1) does not limit the District Court at which the appeal 8
may be started under the Uniform Civil Procedure Rules 1999. 9
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 10
must be filed with the registrar of the court within 28 days after-- 11
(a) if the appellant is given an information notice for the original 12
decision--the day the appellant is given the notice; or 13
(b) if paragraph (a) does not apply--the day the person otherwise 14
becomes aware of the original decision. 15
(4) The court may, at any time, extend the period for filing the notice of 16
appeal. 17
procedures 18
Hearing
194.(1) In deciding the appeal, the court-- 19
(a) has the same powers as the person who made the original 20
decision; and 21
(b) is not bound by the rules of evidence; and 22
(c) must comply with natural justice. 23
(2) The appeal is by way of rehearing, unaffected by the original decision, 24
on the material before the person who made the original decision and any 25
further evidence allowed by the court. 26
s 195 115 s 195
Psychologists Registration
of court on appeal 1
Powers
195.(1) In deciding the appeal, the court may-- 2
(a) confirm the original decision; or 3
(b) amend the original decision; or 4
(c) substitute another decision for the original decision; or 5
(d) set aside the original decision and return the issue to the board 6
with the directions the court considers appropriate. 7
(2) In substituting another decision for the original decision, the court has 8
the same powers as the person who made the original decision. 9
10
Example--
11
The court may decide that an unsuccessful applicant for general registration be
12
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 13
decision for the original decision, the amended or substituted decision is, for 14
this Act (other than this part) taken to be the decision of the person who 15
made the original decision. 16
(4) If the court decides to impose conditions on a registration, the court 17
must-- 18
(a) state the reasons for the decision; and 19
(b) if the registration is a general registration, decide and state the 20
review period applying to the conditions.35 21
(5) If the court decides to impose conditions on a registration because of 22
the registrant's mental and physical health, it must also decide whether 23
details of the conditions must be recorded in the register for the period for 24
which the conditions are in force. 25
(6) The court must decide not to record details of the conditions 26
mentioned in subsection (5) in the register unless it reasonably believes it is 27
in the interests of users of the registrant's services or the public to know the 28
details. 29
35 The conditions may be reviewed under part 3 (Registration), division 8
(Reviewing conditions of general registrations).
s 196 116 s 199
Psychologists Registration
of assessors 1
Appointment
196.(1) If the court is of the opinion that the appeal involves a question of 2
special knowledge and skill, the court may appoint 1 or more assessors who 3
in the court's opinion possess the special qualifications necessary for the 4
particular case to assist the court in its deciding the appeal. 5
(2) An assessor may advise the court on any matter, but all questions of 6
law and fact are to be decided by the court. 7
(3) The court may give the weight to the advice that it considers 8
appropriate. 9
ART 7--LEGAL PROCEEDINGS 10
P
Division 1--Evidence 11
of division 12
Application
197. This division applies to a proceeding under this Act. 13
and authority 14
Appointments
198. It is not necessary to prove-- 15
(a) an inspector's, or member's, appointment; or 16
(b) the executive officer's appointment; or 17
(c) the authority of an inspector, a member, the executive officer or a 18
member of the office's staff to do anything under this Act. 19
20
Signatures
199. A signature purporting to be the signature of the Minister, the 21
chairperson, a member, an inspector, the executive officer or a member of 22
the office's staff is evidence of the signature it purports to be. 23
s 200 117 s 200
Psychologists Registration
provisions 1
Evidentiary
200. A certificate purporting to be signed by the executive officer and 2
stating any of the following matters is evidence of the matter-- 3
(a) a stated document is one of the following things made, given, 4
issued or kept under this Act-- 5
(i) an appointment, approval or decision; 6
(ii) a notice, direction or requirement; 7
(iii) a certificate of registration; 8
(iv) a record, or an extract from a record; 9
(v) the register, or an extract from the register; 10
(b) a stated document is another document kept under this Act; 11
(c) a stated document is a copy of a thing mentioned in paragraph (a) 12
or (b); 13
(d) on a stated day, or during a stated period, a stated person was or 14
was not a registrant; 15
(e) on a stated day, or during a stated period, a registration-- 16
(i) was or was not in force; or 17
(ii) was or was not subject to a stated condition; 18
(f) on a stated day, a registration was cancelled; 19
(g) on a stated day, or during a stated period, an appointment as an 20
inspector was, or was not, in force for a stated person; 21
(h) on a stated day, a stated person was given a stated notice or 22
direction under this Act; 23
(i) on a stated day, a stated requirement was made of a stated person. 24
s 201 118 s 202
Psychologists Registration
2--Proceedings 1
Division
and summary offences 2
Indictable
201.(1) An offence against section 15036 is an indictable offence. 3
(2) Any other offence against this Act is a summary offence. 4
for indictable offences 5
Proceedings
202.(1) A proceeding for an indictable offence against this Act may be 6
taken, at the election of the prosecution-- 7
(a) by way of summary proceeding under the Justices Act 1886; or 8
(b) on indictment. 9
(2) A magistrate must not hear an indictable offence summarily if-- 10
(a) the defendant asks at the start of the hearing that the charge be 11
prosecuted on indictment; or 12
(b) the magistrate considers the charge should be prosecuted on 13
indictment. 14
(3) If subsection (2) applies-- 15
(a) the magistrate must proceed by way of an examination of 16
witnesses for an indictable offence; and 17
(b) a plea of the person charged at the start of the proceeding must be 18
disregarded; and 19
(c) evidence brought in the proceeding before the magistrate decided 20
to act under subsection (2) is taken to be evidence in the 21
proceeding for the committal of the person for trial or sentence; 22
and 23
(d) before committing the person for trial or sentence, the magistrate 24
36 Section 150 (Offence for taking reprisal)
s 203 119 s 205
Psychologists Registration
must make a statement to the person as required by the Justices 1
Act 1886, section 104(2)(b).37 2
on who may summarily hear indictable offence 3
Limitation
203.(1) The proceeding must be before a magistrate if it is a 4
proceeding-- 5
(a) for the summary conviction of a person on a charge for an 6
indictable offence; or 7
(b) for an examination of witnesses for a charge for an indictable 8
offence. 9
(2) However, if the proceeding is brought before a justice who is not a 10
magistrate, jurisdiction is limited to taking or making a procedural action or 11
order within the meaning of the Justices of the Peace and Commissioners 12
for Declarations Act 1991. 13
on time for starting summary proceedings 14
Limitation
204. A proceeding for a summary offence against this Act by way of 15
summary proceeding under the Justices Act 1886 must start-- 16
(a) within 1 year after the commission of the offence; or 17
(b) within 6 months after the offence comes to the complainant's 18
knowledge, but within 2 years after the commission of the 19
offence. 20
of false or misleading information or documents 21
Allegations
205. In any proceeding for an offence against this Act defined as 22
involving false or misleading information, or a false or misleading 23
document, it is enough for a charge to state that the information or 24
document was, without specifying which, `false or misleading'. 25
37 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 206 120 s 208
Psychologists Registration
to be paid to board 1
Penalties
206. All penalties recovered as a result of proceedings for offences 2
against this Act brought by the board must be ordered to be paid to the 3
board. 4
for acts or omissions of representatives 5
Responsibility
207.(1) This section applies in a proceeding for an offence against this 6
Act. 7
(2) If it is relevant to prove a person's state of mind about a particular act 8
or omission, it is enough to show-- 9
(a) the act was done or omitted to be done by a representative of the 10
person within the scope of the representative's actual or apparent 11
authority; and 12
(b) the representative had the state of mind. 13
(3) An act done or omitted to be done for a person by a representative of 14
the person within the scope of the representative's actual or apparent 15
authority is taken to have been done or omitted to be done also by the 16
person, unless the person proves the person could not, by the exercise of 17
reasonable diligence, have prevented the act or omission. 18
(4) In this section-- 19
"representative" means-- 20
(a) for a corporation--an executive officer, employee or agent of the 21
corporation; or 22
(b) for an individual--an employee or agent of the individual. 23
"state of mind" of a person includes-- 24
(a) the person's knowledge, intention, opinion, belief or purpose; and 25
(b) the person's reasons for the intention, opinion, belief or purpose. 26
officers must ensure corporation complies with Act 27
Executive
208.(1) The executive officers of a corporation must ensure the 28
corporation complies with this Act. 29
s 209 121 s 209
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(2) If a corporation commits an offence against a provision of this Act, 1
each of the corporation's executive officers also commits an offence, 2
namely, the offence of failing to ensure the corporation complies with the 3
provision. 4
Maximum penalty--the penalty for the contravention of the provision by an 5
individual. 6
(3) Evidence that the corporation has been convicted of an offence against 7
a provision of this Act is evidence that each of the executive officers 8
committed the offence of failing to ensure the corporation complies with the 9
provision. 10
(4) However, it is a defence for an executive officer to prove-- 11
(a) if the officer was in a position to influence the conduct of the 12
corporation in relation to the offence, the officer exercised 13
reasonable diligence to ensure the corporation complied with the 14
provision; or 15
(b) the officer was not in a position to influence the conduct of the 16
corporation in relation to the offence. 17
PART 8--REGISTER, RECORDS AND 18
INFORMATION 19
Division 1--Register 20
to be kept 21
Register
209.(1) The board must keep a register about registrants. 22
(2) The register may be kept in the way the board considers appropriate, 23
including, for example, in an electronic form. 24
(3) The register must contain the following details for each registrant-- 25
(a) the registrant's name; 26
(b) an address of the registrant notified by the registrant to the board; 27
s 210 122 s 210
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(c) whether the registrant is a general registrant, provisional general 1
registrant, special purpose registrant or provisional special 2
purpose registrant; 3
(d) the qualification relied on by the registrant to obtain registration; 4
(e) if the registrant is a special purpose registrant or provisional 5
special purpose registrant, details of the special activity for which 6
the registrant is registered; 7
(f) if conditions, including, for example, any probationary conditions, 8
are imposed, under this Act, on the registrant's registration-- 9
(i) for conditions imposed because of the registrant's mental 10
and physical health, the details of which it has been decided 11
under this Act not to record in the register--the fact that 12
conditions have been imposed; or 13
(ii) otherwise--details of the conditions; 14
(g) any other information required to be recorded in the register under 15
the Health Practitioners (Professional Standards) Act 1999; 16
(h) other details prescribed under a regulation. 17
(4) For subsection (3)(f), the fact or details must be recorded in the 18
register for the period the conditions are in force. 19
of register 20
Inspection
210.(1) The board must-- 21
(a) keep the register open for inspection, free of charge, at the office 22
by members of the public during ordinary office hours; and 23
(b) give a person a copy of the register, or a part of it, on payment of 24
the fee prescribed under a regulation. 25
(2) Subsection (1) does not apply to details of the residential address of a 26
registrant, unless the registrant gives notice to the board that he or she agrees 27
to the details being able to be inspected. 28
s 211 123 s 212
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2--Records to be kept 1
Division
2
Records
211.(1) The board must keep records of the following details about each 3
registrant or former registrant-- 4
(a) if the registration was affected under the Health Practitioners 5
(Professional Standards) Act 1999, details of the way it was 6
affected and the reason for it being affected; 7
(b) if the registration was cancelled under this Act, the fact of, and the 8
reason for, the cancellation; 9
(c) if conditions were, under this Act, imposed on the registration, 10
details of the conditions and the reasons for their imposition; 11
(d) other details prescribed under a regulation. 12
(2) The records must be kept for at least 10 years. 13
Division 3--Information 14
of information 15
Confidentiality
212.(1) This section applies to a person (the "relevant person") who is 16
or was-- 17
(a) a member; or 18
(b) a member of a committee; or 19
(c) appointed by the board to conduct a health assessment of another 20
person; or 21
(d) an inspector; or 22
(e) the executive officer or a member of the office's staff; or 23
(f) otherwise involved in the administration of this Act. 24
(2) This section applies to information about a person obtained by the 25
relevant person in the course of performing the relevant person's functions 26
under this Act. 27
s 212 124 s 212
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(3) The relevant person must not disclose the information to anyone else. 1
Maximum penalty--100 penalty units. 2
(4) However, the relevant person may disclose the information to 3
someone else-- 4
(a) to the extent necessary to perform the relevant person's functions 5
under or relating to this Act or the Health Practitioners 6
(Professional Standards) Act 1999; or 7
(b) if the disclosure is authorised under this or another Act; or 8
(c) if the disclosure is otherwise required or permitted by law; or 9
(d) if the person to whom the information relates agrees to the 10
disclosure; or 11
(e) if the disclosure is in a form that does not disclose the identity of a 12
person; or 13
(f) if the information is, or has been, accessible to the public, 14
including, for example, because it is or was recorded in the 15
register; or 16
(g) if the disclosure is to a foreign regulatory authority and the 17
disclosure is necessary for the authority to perform its functions; 18
or 19
(h) if the disclosure is to the Minister to allow the Minister to act 20
under paragraph (i); or 21
(i) if the Minister considers the disclosure is in the public interest and 22
authorises the relevant person to disclose the information. 23
(5) If the Minister authorises information to be disclosed under 24
subsection (4)(i) about a matter concerning a registrant, the Minister must 25
inform the board of the authorisation and its purpose. 26
(6) In this section-- 27
"information", about a person, means-- 28
(a) information about the person's health that identifies, or is likely to 29
identify, the person; or 30
(b) information about the person's criminal history obtained under a 31
request under section 45(3). 32
s 213 125 s 215
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annual report must disclose authorisation 1
Board's
213.(1) This section applies if the board is given information, under 2
section 212(5), in a financial year about an authorisation. 3
(2) The board must include a statement about the authorisation in its 4
annual report under the Financial Administration and Audit Act 1977 for the 5
financial year. 6
(3) The statement must include general details about-- 7
(a) the nature of the information disclosed under the authorisation; 8
and 9
(b) the purpose for which the information was disclosed. 10
(4) However, the statement must not identify any person. 11
PART 9--MISCELLANEOUS 12
Division 1--Abandoned, and other, health records 13
for div 1 14
Definitions
214. In this division-- 15
"health records" means documents, recording the health history, condition 16
and treatment of users of the professional services provided by a 17
person, made in the course of the person's practice of the profession. 18
"possess", a health record, includes having the record under control in any 19
place, whether or not another person has custody of the record. 20
may take possession of abandoned health records 21
Board
215.(1) This section applies if the board suspects on reasonable grounds 22
that health records have been abandoned. 23
(2) The board may take and keep possession of the records to be dealt 24
with under this division. 25
s 216 126 s 217
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(3) For taking possession of the records, the board may give notice to the 1
occupier of the place where the records are situated to deliver the records to 2
the board to be dealt with under this division. 3
(4) The notice must state that the requirement must be complied with 4
within a period of 14 days after the occupier receives the notice. 5
(5) The occupier must comply with the requirement within the stated 6
period, unless the occupier has a reasonable excuse. 7
Maximum penalty for subsection (5)--50 penalty units. 8
records forming part of deceased estate 9
Health
216.(1) This section applies if health records form part of a deceased 10
estate. 11
(2) The personal representative of the deceased person concerned may 12
deliver the records into the possession of the board to be dealt with under 13
this division. 14
records of persons convicted of an offence against s 137(1) or 15
Health
(6) or 138 16
217.(1) This section applies to a person who is convicted of an offence 17
against section 137(1) or (6) or 138.38 18
(2) The board may give the person notice to deliver health records in the 19
possession or control of the person into the possession of the board to be 20
dealt with under this division. 21
(3) The person must within 14 days after receiving the notice deliver the 22
records into the possession of the board. 23
Maximum penalty--50 penalty units. 24
(4) If the person does not comply with the notice, the board may take and 25
keep possession of the records. 26
38 Section 137 (Taking of restricted titles etc.) or 138 (Claims by persons as to
registration)
s 218 127 s 220
Psychologists Registration
with certain health records seized under s 170 or 171 1
Dealing
218.(1) This section applies if, under section 170 or 171,39 an inspector 2
seizes health records that the board may take and keep possession of under 3
section 215 or 217. 4
(2) The inspector must deliver the health records into the possession of 5
the board to be dealt with under this division. 6
(3) Sections 176, 179 and 18040 do not apply to health records delivered 7
to the board under subsection (2). 8
board may deal with health records 9
How
219.(1) This section applies if the board takes possession of a health 10
record under this division. 11
(2) The board may-- 12
(a) give the record to the person to whom the record relates; or 13
(b) if directed by the person, give the record to a registrant under a 14
health practitioner registration Act chosen by the person; or 15
(c) if the board can not find the person after making reasonable 16
inquiries, keep the record; or 17
(d) if the board can not find the person, after making reasonable 18
inquiries, and decides it is no longer necessary to keep the record, 19
destroy the record. 20
(3) To remove doubt, it is declared that the board is taken to be keeping a 21
health record if another body stores the record on its behalf. 22
of health records 23
Destruction
220.(1) This section applies if the board destroys a health record under 24
section 219(2)(d). 25
39 Section 170 (Seizing evidence at a place that may be entered without consent or
warrant) or 171 (Seizing evidence at a place that may only be entered with
consent or warrant)
40 Sections 176 (Forfeiture of seized things), 179 (Return of seized things) and
180 (Access to seized things)
s 221 128 s 222
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(2) Compensation is not recoverable against the board because of the 1
destruction of the record. 2
2--Continuing professional education of registrants 3
Division
professional education programs 4
Continuing
221.(1) The board may develop or recognise a program for the 5
continuing professional education of registrants. 6
(2) The board must give notice to all registrants, to whom the program is 7
relevant, of details of the program. 8
(3) The program may state the minimum continuing professional 9
education requirements a registrant needs to satisfy, in a stated period, to 10
keep up-to-date with developments in the practice of the profession. 11
(4) A registrant who has satisfied the requirements in the stated period 12
may advertise this fact. 13
(5) A registrant who has not satisfied the requirements in the stated 14
period must not advertise that the registrant has satisfied the requirements. 15
Maximum penalty for subsection (5)--50 penalty units. 16
3--Declared events 17
Division
for div 3 18
Definitions
222. In this division-- 19
"declaration period" see section 223(3). 20
"declared event" means an event declared to be a declared event under 21
section 223(1). 22
"interstate law" means a law of another State that provides for the same 23
matter as this Act. 24
"local practitioner" means a person registered under this Act. 25
"participant" means a person who is officially participating in, or 26
preparing for, a declared event. 27
s 223 129 s 224
Psychologists Registration
"prepare" includes the following-- 1
(a) train; 2
(b) practise; 3
(c) rehearse; 4
(d) acclimatise. 5
"visiting practitioner" , in relation to a declared event, means a person 6
who-- 7
(a) is not a local practitioner; and 8
(b) is registered under an interstate law; and 9
(c) is appointed, employed, contracted or otherwise engaged to 10
provide professional services to a participant in relation to the 11
event. 12
of events 13
Declaration
223.(1) The Minister may, by notice, declare a sporting, cultural or other 14
event to be a declared event for this Act. 15
(2) The notice must be for an event taking place, or to take place, in the 16
State that will or is likely to attract a significant number of participants. 17
(3) The notice must state a period during which the declaration is to 18
remain in force (the "declaration period"). 19
(4) The declaration period for the declared event may include a period 20
before or after the declared event takes place. 21
(5) The notice is subordinate legislation. 22
general registration of visiting practitioners 23
Deemed
224.(1) This section applies to a visiting practitioner in relation to a 24
declared event. 25
(2) Subject to subsections (4) and (5), the practitioner is taken to be a 26
general registrant, during the declaration period for the event, in relation to 27
the provision of professional services to a participant in the event. 28
(3) The practitioner's deemed general registration under subsection (2) is 29
s 225 130 s 225
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taken to be subject to any conditions of the practitioner's registration under 1
an interstate law. 2
(4) Part 3, divisions 4 to 8 and 1041 do not apply to the practitioner while 3
the practitioner is taken, under subsection (2), to be a general registrant. 4
(5) The practitioner is not taken to be a registrant for the operation of 5
sections 37(1)(b) and 209.42 6
4--Other provisions 7
Division
officials from liability 8
Protecting
225.(1) An official is not civilly liable for an act done, or omission made, 9
honestly and without negligence under this Act. 10
(2) If subsection (1) prevents a civil liability attaching to an official, the 11
liability attaches instead to the board. 12
(3) In this section-- 13
"official" means-- 14
(a) a member; or 15
(b) a committee member who is not a board member; or 16
(c) the executive officer; or 17
(d) a person appointed by the board to conduct a health assessment of 18
another person; or 19
(e) an inspector; or 20
(f) a person acting under the direction or authority of an inspector. 21
41 Part 3 (Registration), divisions 4 (Renewal of general registrations),
5 (Restoration of general registrations), 6 (Cancellation of general registrations),
7 (Reviewing probationary conditions on general registrations), 8 (Reviewing
conditions of general registrations) and 10 (General provisions about
registrations)
42 Sections 37 (Matters to be included in annual report) and 209 (Register to be
kept)
s 226 131 s 227
Psychologists Registration
for persons supervising probationary registrants 1
Protection
226.(1) This section applies to a person who, honestly and on reasonable 2
grounds gives information to the board, or a person prescribed under a 3
regulation under section 64, about a probationary registrant in the person's 4
capacity as-- 5
(a) the registrant's supervisor or former supervisor for the supervised 6
practice program, or the partial program; or 7
(b) a person who otherwise supervises, or previously supervised, the 8
registrant in undertaking the supervised practice program, or the 9
partial program. 10
(2) The person is not liable, civilly, criminally or under an administrative 11
process, for giving the information. 12
(3) Without limiting subsection (2)-- 13
(a) in a proceeding for defamation the person has a defence of 14
absolute privilege for publishing the information; and 15
(b) if the person would otherwise be required to maintain 16
confidentiality about the given information under an Act, oath, 17
rule of law or practice, the person-- 18
(i) does not contravene the Act, oath, rule of law or practice by 19
giving the information; and 20
(ii) is not liable to disciplinary action for giving the information. 21
or misleading information or documents 22
False
227.(1) A person must not give information to the board the person 23
knows is false or misleading in a material particular. 24
Maximum penalty--50 penalty units. 25
(2) A person must not give the board a document containing information 26
the person knows is false or misleading in a material particular. 27
Maximum penalty--50 penalty units. 28
(3) Subsection (2) does not apply to a person if the person, when giving 29
the document-- 30
(a) tells the board, to the best of the person's ability, how it is false or 31
s 228 132 s 231
Psychologists Registration
misleading; and 1
(b) if the person has, or can reasonably obtain, the correct 2
information, gives the correct information. 3
etc. not to be false or misleading 4
Certificates
228. A registrant must not, in the registrant's professional capacity, sign 5
or give to another person, a certificate, notice, report or other document the 6
registrant knows is false or misleading in a material particular. 7
Maximum penalty--50 penalty units. 8
of provisions 9
Application
229.(1) This section applies if a provision of this Act applies another 10
provision of this Act for a purpose. 11
(2) The other provision, and any definition relevant to the other provision, 12
apply with any necessary changes. 13
(3) Subsection (2) is not limited merely because a provision states how 14
the other provision is to apply. 15
to keep list of approved qualifications 16
Board
230.(1) The board must keep a list of approved qualifications available 17
for inspection at the office by members of the public during ordinary office 18
hours. 19
(2) The board must not charge a fee for inspecting the list. 20
(3) In this section-- 21
"approved qualification" means a qualification approved by the board 22
under section 44(3). 23
of forms 24
Approval
231. The board may approve forms for use under this Act. 25
s 232 133 s 233
Psychologists Registration
fees 1
Examination
232. A person who sits an examination set and administered by the board 2
under this Act must, before sitting the examination, pay the board the fee for 3
the examination prescribed under a regulation. 4
power 5
Regulation-making
233.(1) The Governor in Council may make regulations under this Act. 6
(2) A regulation may be made about the following-- 7
(a) supervisors and other persons who supervise registrants 8
undertaking a supervised practice program, including-- 9
(i) the eligibility criteria for supervisors and other persons who 10
supervise probationary registrants; and 11
(ii) the grounds and processes for declaring a person ineligible to 12
be a supervisor or otherwise supervise registrants; and 13
(iii) the accreditation of supervisors; and 14
(b) the grounds and processes for deciding that a professional practice 15
setting is, or is not, a suitable place for probationary registrants to 16
undertake supervised practice programs; and 17
(c) the accreditation of professional practice settings for supervised 18
practice programs, including the fees for accrediting professional 19
practice settings; 20
(d) fees, including the refunding of fees, for this Act; 21
(e) imposing a penalty of not more than 20 penalty units for a 22
contravention of a provision of a regulation. 23
(3) Without limiting subsection (2)(d), a regulation may prescribe 24
amounts as fees having regard to the costs of the board performing its 25
functions under, or complying with-- 26
(a) an Act in the legislative scheme; or 27
(b) another Act. 28
s 234 134 s 236
Psychologists Registration
PART 10--REPEAL AND TRANSITIONAL 1
PROVISIONS 2
1--Repeal 3
Division
of Psychologists Act 1977 4
Repeal
234. The Psychologists Act 1977 (1977 Act No. 15) is repealed. 5
Division 2--Transitional provisions 6
for div 2 7
Definitions
235. In this division-- 8
"column 1 registration" see section 246(1). 9
"column 2 registration" see section 246(2). 10
"commencement" means commencement of this section. 11
"former board" means the Psychologists Board of Queensland under the 12
repealed Act. 13
"item", followed by a number, in relation to a column 1 or 2 registration, 14
means the column 1 or 2 registration identified in the table in 15
section 246(1) by the item number. 16
to repealed Act or former board 17
References
236.(1) In an Act or document, a reference to the repealed Act may, if the 18
context permits, be taken as a reference to this Act. 19
(2) A reference in an Act or document to the former board may, if the 20
context permits, be taken as a reference to the board. 21
s 237 135 s 241
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is the legal successor 1
Board
237.(1) The board is the successor in law of the former board. 2
(2) Sections 238 to 242 do not limit subsection (1). 3
and liabilities etc. 4
Assets
238. On the commencement-- 5
(a) the assets and liabilities of the former board become assets and 6
liabilities of the board; and 7
(b) any contracts entered into by or on behalf of the former board and 8
all guarantees, undertakings and securities given by or on behalf 9
of the former board, in force immediately before the 10
commencement, are taken to have been entered into or given by 11
or to the board and may be enforced against or by the board; and 12
(c) any property that, immediately before the commencement, was 13
held on trust, or subject to a condition, by the former board 14
continues to be held by the board on the same trusts, or subject to 15
the same condition. 16
agreements 17
Service
239. A service agreement entered into by the former board, in force 18
immediately before the commencement, is taken to have been entered into 19
by the board. 20
21
Proceedings
240. A proceeding that could have been started or continued by or against 22
the former board before the commencement may be started or continued by 23
or against the board. 24
with matter under Health Practitioners (Professional 25
Dealing
Standards) Act 1999 26
241. A matter that had started to be, or could have been, dealt with under 27
the Health Practitioners (Professional Standards) Act 1999 by the former 28
s 242 136 s 243
Psychologists Registration
board before the commencement may be continued, or started, to be dealt 1
with by the board. 2
3
Offences
242.(1) Proceedings for an offence against the repealed Act may be 4
continued, or started by the board, and the provisions of the repealed Act 5
and the Medical Act and Other Acts (Administration) Act 1966 necessary or 6
convenient to be used in relation to the proceedings continue to apply, as if 7
this Act had not commenced. 8
(2) For subsection (1), the Acts Interpretation Act 1954, section 2043 9
applies, but does not limit the subsection. 10
(3) This section has effect despite the repeal of the Medical Act and Other 11
Acts (Administration) Act 1966. 12
of board 13
Membership
243.(1) From the commencement, the board consists of the existing 14
members. 15
(2) An existing member holds office as a member until the earlier of the 16
following days-- 17
(a) the day the Governor in Council first appoints the members under 18
section 15(1);44 19
(b) the day that is 6 months after the commencement; 20
(c) if the existing member vacates office before the earlier of the days 21
mentioned in paragraphs (a) and (b), the day the existing member 22
vacates office. 23
(3) For subsections (1) and (2), section 9(3) to (5) of the repealed Act 24
43 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act
etc.)
44 Section 15 (Membership of board)
s 244 137 s 244
Psychologists Registration
continue to have effect.45 1
(4) This section has effect despite-- 2
(a) the expiry of the term of office for which the existing member 3
was appointed under the repealed Act; and 4
(b) part 2, division 2;46 and 5
(c) the repeal of the repealed Act. 6
(5) In this section-- 7
"existing member" means a person who, immediately before the 8
commencement, held office as a member of the former board. 9
and deputy chairperson of board 10
Chairperson
244.(1) This section applies despite the expiry of the existing 11
chairperson's, or existing deputy chairperson's, term of office. 12
(2) From the commencement-- 13
(a) the existing chairperson is taken to be the chairperson of the board 14
as constituted under section 243; and 15
(b) the existing deputy chairperson is taken to be the deputy 16
chairperson of the board as constituted under section 243. 17
(3) The existing chairperson ceases to hold office as the chairperson of 18
the board if the existing chairperson-- 19
(a) ceases to be a member; or 20
(b) resigns the office of chairperson of the board by signed notice of 21
resignation given to the Minister. 22
(4) The existing deputy chairperson ceases to hold office as the deputy 23
chairperson of the board if the existing deputy chairperson-- 24
(a) ceases to be a member; or 25
45 The provisions of the repealed Act mentioned in the subsection deal with the
vacancy in the office of a member, attendance at a meeting, and resignation as a
member, of the board.
46 Part 2 (Psychologists Board of Queensland), division 2 (Membership)
s 245 138 s 245
Psychologists Registration
(b) resigns the office of deputy chairperson of the board by signed 1
notice of resignation given to the Minister. 2
(5) This section has effect despite section 19(1), (3) and (4).47 3
(6) In this section-- 4
"existing chairperson" means the person who, immediately before the 5
commencement, held office as the chairperson of the former board. 6
"existing deputy chairperson" means the person who, immediately 7
before the commencement, held office as the deputy chairperson of the 8
former board. 9
10
Appeals
245.(1) Subsection (2) applies if-- 11
(a) a person has appealed to the District Court under repealed 12
section 27 before the commencement against a decision of the 13
former board; and 14
(b) the appeal has not been decided before the commencement. 15
(2) The District Court may hear, or continue to hear, and decide the 16
appeal under the repealed Act as if this Act had not commenced. 17
(3) Subsection (4) applies if-- 18
(a) immediately before the commencement a person could have 19
appealed to the District Court under the repealed section 27 20
against a decision of the former board; and 21
(b) the person has not appealed before the commencement. 22
(4) The person may appeal, and the District Court may hear and decide 23
the appeal, under the repealed Act as if this Act had not commenced. 24
(5) For giving effect to its decision under subsection (2) or (4), the 25
District Court may make the orders it considers necessary having regard to 26
the provisions of this Act. 27
28
Example for subsection (5)--
29
On an appeal by a person against a decision of the former board to refuse to
47 Section 19 (Chairperson and deputy chairperson of board)
s 246 139 s 246
Psychologists Registration
1
register the person as a psychologist under the repealed Act, the District Court
2
may order that the board register the person under this Act.
(6) In this section-- 3
"District Court" includes a District Court judge. 4
"repealed section 27" means section 27 of the repealed Act. 5
registrations 6
Existing
246.(1) This section applies to a person who immediately before the 7
commencement was registered, under the repealed Act, for a category of 8
registration mentioned in column 1 of the following table (the "column 1 9
registration")-- 10
Table 11
column 1 column 2
1. registration as a psychologist general registration
under section 18 of the repealed
Act
2. conditional registration as a general registration
psychologist under section 19 of
the repealed Act
3. provisional registration as a provisional general
psychologist under section 20 of registration.
the repealed Act
(2) The person is taken to be registered for the category of registration 12
mentioned in column 2 of the table (the "column 2 registration") shown 13
opposite the column 1 registration. 14
(3) If the column 1 registration was, immediately before the 15
commencement, subject to conditions, the column 2 registration is taken to 16
be subject to the conditions. 17
(4) Despite section 56,48 the column 2 registration continues until the later 18
of the following days-- 19
(a) 31 January first happening after the commencement; 20
48 Section 56 (Period)
s 247 140 s 248
Psychologists Registration
(b) the day that is 3 months after the commencement. 1
(5) However, subsection (4) stops applying if the column 2 registration is 2
surrendered or cancelled. 3
(6) Subsection (7) applies to a conditional registration as a psychologist, 4
under section 19 of the repealed Act, that is taken under subsection (2) to be 5
a general registration. 6
(7) The general registration is subject to the requirement that the registrant 7
undertake the period of supervised practice in psychology that the registrant 8
would have been required to complete under the repealed Act if this Act had 9
not commenced. 10
of conditions imposed under repealed Act 11
Review
247.(1) This section applies to conditions mentioned in section 246(3) 12
that were imposed, under the repealed Act, on an item 1 or 2 column 1 13
registration. 14
(2) Part 3, division 849 applies to the conditions as if-- 15
(a) the conditions had been imposed on the registration under this 16
Act; and 17
(b) the review period applying to the conditions were the period of 18
3 years starting on the commencement. 19
applications for certain column 1 registrations 20
Existing
248.(1) An application for an item 1 column 1 registration made under 21
the repealed Act, and not decided before the commencement, must be 22
decided under this Act. 23
(2) The application is taken to be for the column 2 registration shown 24
opposite the column 1 registration. 25
(3) Part 3, division 250 applies to the application. 26
(4) However, the provisions of part 3, division 2 dealing with making the 27
49 Part 3 (Registration), division 8 (Reviewing conditions of general registrations)
50 Part 3 (Registration), division 2 (Applications for general registration)
s 249 141 s 250
Psychologists Registration
application in the approved form and paying the application fee and 1
registration fee, that would otherwise apply do not apply to the application. 2
applications for restoration of certain column 1 registrations 3
Existing
249.(1) An application for the restoration of an item 1 or 2 column 1 4
registration made under section 22(3) of the repealed Act, and not decided 5
before the commencement, must be decided under this Act. 6
(2) The application is taken to be for the restoration of the column 2 7
registration shown opposite the column 1 registration. 8
(3) Part 3, division 551 applies to the application. 9
(4) However, the following provisions do not apply to the application-- 10
(a) the provisions, applied by section 82,52 to the extent to which they 11
relate to recency of practice requirements; 12
(b) sections 83, 84 and 87.53 13
(5) If an item 2 column 1 registration is restored, the registration is 14
subject to the requirement that the registrant undertake the period of 15
supervised practice in psychology that the registrant would have been 16
required to complete under the repealed Act if this Act had not commenced. 17
registrations 18
Suspended
250.(1) This section applies if an item 1 or 2 column 1 registration has 19
been suspended and the period of suspension has not ended before the 20
commencement. 21
(2) The suspension is taken to continue as a suspension of the column 2 22
registration shown opposite the column 1 registration. 23
51 Part 3 (Registration), division 5 (Restoration of general registrations)
52 Section 82 (Application of div 4, sdivs 1 and 3)
53 Sections 83 (When an application for restoration of a general registration may be
made), 84 (Procedural requirements for applications) and 87 (When recency of
practice conditions take effect)
s 251 142 s 253
Psychologists Registration
of business names under repealed Act 1
Approval
251.(1) This section applies if-- 2
(a) immediately before the commencement-- 3
(i) there was in effect an approval of a name under section 29(1) 4
of the repealed Act (the "approval provision"); or 5
(ii) an application for approval of a name under the approval 6
provision had not been finally dealt with; and 7
(b) the holder of the approval or applicant is taken to be registered 8
under section 246. 9
(2) The holder or applicant is taken to have given the board notice of the 10
name as a business name under section 142(1).54 11
142 and 145 ineffective for 6 months 12
Sections
252.(1) Sections 142 and 14555 have no effect for 6 months after they 13
commence. 14
(2) However, a person may give the board a notice mentioned in 15
section 142 within the 6 month period. 16
17
Records
253.(1) This section applies if-- 18
(a) a registration was affected under the repealed Act; and 19
(b) immediately before the commencement, the former board held a 20
record of the details of the way the registration was affected and 21
the reason for it being affected. 22
(2) The record must be kept by the board for at least 10 years after the 23
commencement. 24
54 Section 142 (Notification of business names etc.)
55 Sections 142 (Notification of business names etc.) and 145 (Information to
appear in advertisements)
s 254 143 s 254
Psychologists Registration
Act has not been repealed 1
Certain
254.(1) This section applies if an Act mentioned in column 2 of the 2
following table (the "column 2 Act") has not been repealed-- 3
Table 4
column 1 column 2
Chiropractors Registration Act Chiropractors and Osteopaths Act 5
2000 1979
Dental Practitioners Registration Dental Act 1971 6
Act 2000
Dental Technicians and Dental Dental Technicians and Dental 7
Prosthetists Registration Act 2000 Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939 8
Act 2000
Occupational Therapists Occupational Therapists Act 1979 9
Registration Act 2000
Optometrists Registration Act 2000 Optometrists Act 1974
Osteopaths Registration Act 2000 Chiropractors and Osteopaths Act
1979
Pharmacists Registration Act 2000 Pharmacy Act 1976
Physiotherapists Registration Act Physiotherapists Act 1964 10
2000
Podiatrists Registration Act 2000 Podiatrists Act 1969
Speech Pathologists Registration Speech Pathologists Act 1979. 11
Act 2000
(2) A reference in schedule 3, definition "health practitioner registration 12
Act" to the Act mentioned in column 1 of the table shown opposite the 13
column 2 Act is taken to be a reference to the column 2 Act. 14
s 255 144 s 255
Psychologists Registration
ART 11--CONSEQUENTIAL AMENDMENTS OF 1
P
ACTS 2
of Acts 3
Amendment
255. Schedule 2 amends the Acts mentioned in it. 4
5
145
Psychologists Registration
SCHEDULE 1 1
¡
ECISIONS FOR WHICH INFORMATION NOTICES 2
D
MUST BE GIVEN 3
section 192(2) 4
Section Description of decision
51 Deciding to refuse to register an
applicant for general registration as
a general registrant
51, as applied by section 116 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
57(2) Deciding to register a person as a
general registrant on probationary
conditions, other than if section
57(7) applies
59 Deciding to register a person as a
general registrant on conditions and
deciding the review period applying
to the conditions
79 Deciding to refuse to renew a
general registration
79, as applied by section 82 Deciding to refuse to restore a
general registration
79, as applied by section 124 Deciding to refuse to renew a
special purpose registration
80 Deciding to renew a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
146
Psychologists Registration
SCHEDULE 1 (continued)
80, as applied by section 82 Deciding to restore a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
92 Deciding to cancel a general
registration
92, as applied by section 128 Deciding to cancel a special purpose
registration
98(1)(b)(ii) Deciding to extend probationary
conditions on a general registration
98(1)(b)(ii) and (3) Deciding to extend probationary
conditions and imposing additional
conditions on a general registration
109 Deciding to confirm or change
conditions of a general registration
and deciding the review period
applying to the conditions
121 Deciding to register a person as a
special purpose registrant on
conditions
126 Deciding to renew a special purpose
registration on conditions
133 Deciding to refuse to grant an
application for the replacement of a
certificate of registration
176(1)(c) Decision resulting in a thing being
forfeited to the State
1
147
Psychologists Registration
SCHEDULE 2 1
¡
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 255 3
CORRECTIVE SERVICES ACT 2000 4
´
1. Schedule 3, definition "psychologist"-- 5
omit, insert-- 6
` "psychologist" means a registrant under the Psychologists Registration 7
Act 2000.'. 8
EXPLOSIVES ACT 1999 9
´
1. Schedule 2, definition "psychologist"-- 10
omit, insert-- 11
` "psychologist" means a general registrant under the Psychologists 12
Registration Act 2000.'. 13
HEALTH ACT 1937 14
´
1. Section 5(1), definition "health practitioner registration Act", 15
`Psychologists Act 1977'-- 16
omit, insert-- 17
`Psychologists Registration Act 2000'. 18
148
Psychologists Registration
SCHEDULE 2 (continued)
HEALTH PRACTITIONER REGISTRATION BOARDS 1
´
(ADMINISTRATION) ACT 1999 2
1. Schedule, definition "health practitioner registration Act", 3
`Psychologists Act 1977'-- 4
omit, insert-- 5
`Psychologists Registration Act 2000'. 6
HEALTH PRACTITIONERS (PROFESSIONAL 7
´
STANDARDS) ACT 1999 8
1. Schedule, definition "health practitioner registration Act", 9
`Psychologists Act 1977'-- 10
omit, insert-- 11
`Psychologists Registration Act 2000'. 12
2. Schedule, definition "profession", paragraph (k), `Psychologists Act 13
1977'-- 14
omit, insert-- 15
`Psychologists Registration Act 2000'. 16
149
Psychologists Registration
SCHEDULE 2 (continued)
EALTH PRACTITIONERS (SPECIAL EVENTS 1
´H
EXEMPTION) ACT 1998 2
1. Schedule, definition "health registration Act", `Psychologists Act 3
1977'-- 4
omit, insert-- 5
`Psychologists Registration Act 2000'. 6
HEALTH RIGHTS COMMISSION ACT 1991 7
´
1. Schedule 2, item 10-- 8
omit, insert-- 9
`10. Psychologists Board of Queensland'. 10
EALTH SERVICES ACT 1991 11
´H
1. Section 63(6), `Psychologists Act 1977'-- 12
omit, insert-- 13
`Psychologists Registration Act 2000'. 14
150
Psychologists Registration
SCHEDULE 2 (continued)
EDICAL ACT AND OTHER ACTS 1
´M
(ADMINISTRATION) ACT 1966 2
1. Section 4(1)(j)-- 3
omit. 4
RADIATION SAFETY ACT 1999 5
´
1. Schedule 2, definition "health practitioner registration Act", 6
`Psychologists Act 1977'-- 7
omit, insert-- 8
`Psychologists Registration Act 2000'. 9
EAPONS ACT 1990 10
´W
1. Section 5, definition "psychologist'-- 11
omit, insert-- 12
` "psychologist" means a general registrant under the Psychologists 13
Registration Act 2000.'. 14
15
151
Psychologists Registration
SCHEDULE 3 1
¡
DICTIONARY 2
section 8 3
"accepted representations" see section 90(2). 4
"advertise" includes-- 5
(a) placing an entry in a directory; and 6
(b) displaying a sign; and 7
(c) using printed stationery. 8
"appellant" see section 192(1). 9
"application fee" see section 42(1)(c)(ii). 10
"approved form" means a form approved by the board. 11
"assessment report" see section 48(1). 12
"authorised person", for part 3, division 3, see section 65(1). 13
"board" means the Psychologists Board of Queensland. 14
"business name", of a business, means a name or style under which the 15
business is carried on. 16
"certificate of general registration" means a certificate of general 17
registration issued under part 3. 18
"certificate of provisional general registration" means a certificate of 19
provisional general registration issued under section 66(6). 20
"certificate of provisional special purpose registration" means a 21
certificate of provisional special purpose registration issued under 22
part 3, division 9. 23
"certificate of registration" means a certificate of general registration, 24
certificate of provisional general registration, certificate of special 25
purpose registration or certificate of provisional special purpose 26
registration. 27
152
Psychologists Registration
SCHEDULE 3 (continued)
"certificate of special purpose registration" means a certificate of special 1
purpose registration issued under part 3, division 9. 2
"certified copy", of a certificate of registration, means a copy that is 3
certified by the board as being a true copy of the certificate. 4
"chairperson" means the chairperson of the board appointed under 5
section 19(1). 6
"column 1 registration", for part 10, division 2, see section 235. 7
"column 2 registration", for part 10, division 2, see section 235. 8
"commencement", for part 10, division 2, see section 235. 9
"committee" means a committee of the board established under 10
section 33(1). 11
"convicted", of an offence, means being found guilty of the offence, on a 12
plea of guilty or otherwise, whether or not a conviction is recorded. 13
"corresponding law" means a law applying, or that applied, in another 14
State, the Commonwealth or a foreign country that provides, or 15
provided, for the same matter as-- 16
(a) a health practitioner registration Act or the Health Practitioners 17
(Professional Standards) Act 1999; or 18
(b) a provision of a health practitioner registration Act or the Health 19
Practitioners (Professional Standards) Act 1999. 20
"declaration period", for part 9, division 3, see section 222. 21
"declared event", for part 9, division 3, see section 222. 22
"deputy chairperson" means the deputy chairperson of the board 23
appointed under section 19(1). 24
"document production requirement" see section 183(5). 25
"educational institution" means a university, training institution or 26
professional college engaged in the education of persons in the practice 27
of the profession. 28
"executive officer" means the executive officer appointed under the Health 29
Practitioner Registration Boards (Administration) Act 1999. 30
153
Psychologists Registration
SCHEDULE 3 (continued)
"executive officer", of a corporation, means a person who is concerned 1
with, or takes part in, the corporation's management, whether or not 2
the person is a director or the person's position is given the name of 3
executive officer. 4
"facsimile warrant" see section 165(4). 5
"foreign regulatory authority" means-- 6
(a) an interstate regulatory authority; or 7
(b) an entity established under a law applying in a foreign country, 8
other than New Zealand, having functions similar to the board's 9
functions under this Act or the Health Practitioners (Professional 10
Standards) Act 1999. 11
"former board", for part 10, division 2, see section 235. 12
"former registrant" means a person who was, but is not currently, 13
registered under part 3. 14
"general registrant" means a person registered, under part 3, as a general 15
registrant, but does not include a provisional general registrant. 16
"general registration" means registration of a person as a general 17
registrant under part 3. 18
"general registration period"see section 56(1). 19
"health assessment", in relation to a person, includes-- 20
(a) a physical, medical, psychiatric or psychological examination or 21
test of the person; and 22
(b) asking questions to assess the person's mental and physical 23
health. 24
"Health Insurance Commission" means the Health Insurance 25
Commission established under the Health Insurance Commission Act 26
1973 (Cwlth), section 4. 27
"health practitioner registration Act" means any of the following Acts-- 28
· this Act 29
· Chiropractors Registration Act 2000 30
154
Psychologists Registration
SCHEDULE 3 (continued)
· Dental Practitioners Registration Act 2000 1
· Dental Technicians and Dental Prosthetists Registration Act 2
2000 3
· Medical Practitioners Registration Act 2000 4
· Medical Radiation Technologists Registration Act 2000 5
· Occupational Therapists Registration Act 2000 6
· Optometrists Registration Act 2000 7
· Osteopaths Registration Act 2000 8
· Pharmacists Registration Act 2000 9
· Physiotherapists Registration Act 2000 10
· Podiatrists Registration Act 2000 11
· Speech Pathologists Registration Act 2000. 12
"health records", for part 9, division 1, see section 214. 13
"health service" means a service for maintaining, improving or restoring 14
people's health and wellbeing. 15
"impose", a condition, includes change or confirm the condition. 16
"information notice", for a decision of the board or an inspector, is a 17
notice stating the following-- 18
(a) the decision; 19
(b) the reasons for the decision; 20
(c) that the person to whom the notice is given may appeal against the 21
decision within 28 days; 22
(d) how the person may appeal against the decision to the District 23
Court; 24
(e) if the decision is that a person be registered on conditions, other 25
than probationary conditions or additional conditions imposed 26
under section 98(3)-- 27
(i) for a general registration--the review period applying to the 28
conditions; and 29
155
Psychologists Registration
SCHEDULE 3 (continued)
(ii) for conditions imposed because of the person's mental and 1
physical health, the details of which it has been decided 2
under section 59(3) to record in the register--the details that 3
must be recorded in the register for the period for which the 4
conditions are in force; 5
(f) if the decision is that an applicant be registered on probationary 6
conditions mentioned in section 57(2)(b)-- 7
(i) the part of the supervised practice program to be completed; 8
and 9
(ii) the period in which the partial program is to be completed; 10
(g) if the decision is that a general registration be renewed or restored 11
on recency of practice conditions, the review period applying to 12
the conditions; 13
(h) if the decision is that a registration be cancelled, a direction to the 14
person to return the certificate of registration to the board within 15
14 days after receiving the notice; 16
(i) if the decision is that the conditions, other than probationary 17
conditions or additional conditions imposed under section 98(3), 18
imposed on a general registration be confirmed, the review period 19
applying to the confirmed conditions; 20
(j) if the decision is that the conditions, other than probationary 21
conditions or additional conditions imposed under section 98(3), 22
imposed on a general registration be changed-- 23
(i) the review period applying to the changed conditions; and 24
(ii) if the conditions were imposed because of the person's 25
mental and physical health and it is decided under 26
section 113(2) that details of the changed conditions must be 27
recorded in the register, the details that must be recorded in 28
the register for the period for which the changed conditions 29
are in force; and 30
(iii) a direction to the person to return the certificate of 31
registration to the board within 14 days after receiving the 32
notice; 33
156
Psychologists Registration
SCHEDULE 3 (continued)
(k) if the decision is that probationary conditions imposed on a 1
general registration be extended--the part of the supervised 2
practice program to be undertaken and the period of the extension. 3
"inspector" means a person who is appointed as an inspector under 4
section 157. 5
"interstate law", for part 9, division 3, see section 222. 6
"interstate regulatory authority" means an entity established under the 7
law of another State or New Zealand having functions similar to the 8
board's functions under this Act or the Health Practitioners 9
(Professional Standards) Act 1999. 10
"item", for part 10, division 2, see section 235. 11
"legislative scheme" see section 4. 12
"local practitioner", for part 9, division 3, see section 222. 13
"medical condition" includes substance abuse or dependence. 14
"member" means a member of the board. 15
"notice" means written notice. 16
"occupier", of a place, includes a person who reasonably appears to be an 17
occupier, or in charge, of the place. 18
"office" means the Office of Health Practitioner Registration Boards under 19
the Health Practitioner Registration Boards (Administration) Act 20
1999. 21
"original decision" see section 192(1). 22
"partial program" see section 57(2)(b)(i). 23
"participant", for part 9, division 3, see section 222. 24
"personal details requirement" see section 181(5). 25
"place" includes premises, vacant land and a vehicle. 26
"place of seizure" see section 172. 27
"possess", a health record, for part 9, division 1, see section 214. 28
"premises" includes-- 29
157
Psychologists Registration
SCHEDULE 3 (continued)
(a) a building or other structure; and 1
(b) a part of a building or other structure; and 2
(c) land where a building or other structure is situated. 3
"prepare", for part 9, division 3, see section 222. 4
"probationary conditions" means conditions mentioned in section 57(2) 5
and includes those conditions extended under section 98(1)(b)(ii). 6
"probationary registrant" means a person registered as a general 7
registrant on probationary conditions. 8
"profession" means the psychology profession. 9
"professional service" means a psychology service. 10
"provisional general registrant" means a person registered, under 11
section 66, as a provisional general registrant. 12
"provisional general registration" means registration of a person as a 13
provisional general registrant under section 66. 14
"provisional special purpose registrant" means a person registered, 15
under part 3, division 9, as a provisional special purpose registrant. 16
"provisional special purpose registration" means registration of a person 17
as a provisional special purpose registrant under part 3, division 9. 18
"public members" see section 15(2)(b). 19
"public place" means a place that the public is entitled to use, is open to the 20
public or is used by the public (whether or not on payment of money). 21
"recency of practice conditions" see section 80(2). 22
"recency of practice requirements" see section 74. 23
"register" means the register kept under section 209. 24
"registrant" means a person registered under part 3. 25
"registrant members" see section 15(2)(a). 26
"registration" means registration under part 3. 27
"registration fee" see section 42(1)(c)(iii). 28
158
Psychologists Registration
SCHEDULE 3 (continued)
"relevant practical experience" in the profession means experience 1
mentioned in section 58(1). 2
"renewable registration" means a general registration or special purpose 3
registration. 4
"repealed Act" means the Psychologists Act 1977. 5
"restoration fee" see section 84(1)(b)(i). 6
"restricted title" means a title that consists of, or includes, the word 7
`psychologist'. 8
"review period", applying to conditions imposed by the board or the 9
District Court on a general registration, means the period, not more 10
than 3 years after the decision to impose the conditions takes effect, 11
within which the registrant may not apply for a review of the 12
conditions under part 3, division 8. 13
"service agreement" means an agreement made under the Health 14
Practitioner Registration Boards (Administration) Act 1999, between 15
the executive officer and the board, for the provision of administrative 16
and operational support by the office to the board. 17
"show cause notice" see section 89(1). 18
"show cause period" see section 89(2)(d). 19
"special activities" see section 115. 20
"special purpose registrant" means a person registered, under part 3, 21
division 9, as a special purpose registrant, but does not include a 22
provisional special purpose registrant. 23
"special purpose registration" means registration of a person as a special 24
purpose registrant under part 3, division 9. 25
"supervised practice plan" see section 62(4). 26
"supervised practice program" means a program mentioned in 27
section 61(1). 28
159
Psychologists Registration
SCHEDULE 3 (continued)
"supervised practice report", for a probationary registrant, means a 1
report-- 2
(a) providing an assessment of the registrant's competence to practise 3
the profession as demonstrated while undertaking practice under 4
the supervised practice program or the partial program; and 5
(b) in the approved form, or if a form is not approved, that includes 6
the information prescribed under a regulation. 7
"supervisor", for a probationary registrant, means the general registrant 8
who-- 9
(a) is eligible under a regulation to be a supervisor; and 10
(b) has primary responsibility for the probationary registrant's 11
supervision while undertaking the supervised practice program, or 12
the partial program. 13
"user", of a registrant's services, includes a person who used the services. 14
"visiting practitioner", for part 9, division 3, see section 222. 15
"warrant form" see section 165(5)(b). 16
17
© State of Queensland 2000
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