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Queensland
PSYCHOLOGISTS
REGISTRATION BILL 2001
Queensland
PSYCHOLOGISTS REGISTRATION
BILL 2001
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Powers of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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16 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 21
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
24 Leave of absence for a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Board business
27 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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 . . . . . . . . . . . . . . . 28
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 ............................................... 29
39 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision 2--Eligibility for general registration
43 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 31
45 Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 34
47 Appointment of appropriately qualified person to conduct health
assessment ............................................ 35
48 Report about health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 4--Decision on applications
51 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 37
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 6--Period of general registration
56 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 7--Conditions of general registration
57 Imposition of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
58 Relevant practical experience in the profession . . . . . . . . . . . . . . . . . . . . . . 42
59 Imposition of other conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
60 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
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Psychologists Registration Bill 2001
Subdivision 8--Provisions relating to probationary registrants
61 Supervised practice program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
62 Certain registrants must have supervised practice plan. . . . . . . . . . . . . . . . . 45
63 Board may require probationary registrant to produce plan . . . . . . . . . . . . . 46
64 Person ceasing to be supervisor must give report to board or nominated
person ................................................. 46
Division 3--Provisional general registration
65 Meaning of "authorised person" for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . 46
66 Provisional general registration of person on probationary conditions. . . . . 47
67 Confirmation or cancellation of provisional general registration . . . . . . . . . 48
68 Procedure after cancellation of provisional general registration . . . . . . . . . . 48
69 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 49
70 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 Board decides to register provisional general registrant as a general
registrant ............................................... 49
72 Board decides to refuse to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
73 Deemed refusal by board to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
74 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 51
Subdivision 2--Applications for renewal of general registrations
75 Notification of imminent expiry of registration. . . . . . . . . . . . . . . . . . . . . . . 51
76 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
77 General registration taken to be in force while application is
considered ....................................... 52
Subdivision 3--Decision on applications
78 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
79 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
80 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . . 54
81 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 5--Restoration of general registrations
82 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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83 When an application for restoration of a general registration may be made. 56
84 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
85 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
86 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
87 When recency of practice conditions take effect. . . . . . . . . . . . . . . . . . . . . . 57
Division 6--Cancellation of general registrations
88 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
89 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
90 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 58
91 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 58
92 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
93 Return of cancelled certificate of general registration to board . . . . . . . . . . 59
Division 7--Reviewing probationary conditions on general registrations
94 Review of probationary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
95 Registrant to give notice about completion of program to board . . . . . . . . . 60
96 Board to give notice to supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
97 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
98 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
99 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
100 Failure by board to make decision on application. . . . . . . . . . . . . . . . . . . . . 63
101 When additional conditions end . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
102 Amendment of, or replacing, certificates of general registration . . . . . . . . . 64
Division 8--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or District
Court
103 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
104 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
105 Review of conditions during review period. . . . . . . . . . . . . . . . . . . . . . . . . . 65
106 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
107 Application of ss 4750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
108 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
109 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
110 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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111 Failure by board to make decision on application. . . . . . . . . . . . . . . . . . . . . 69
112 Failure by board to make decision on review agreed to under s 105 . . . . . . 69
113 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 70
Subdivision 2--Recording change, or removal, of conditions
114 Amendment of, or replacing, certificates of general registration . . . . . . . . . 70
Division 9--Special purpose registrations
Subdivision 1--Applications for special purpose registration
115 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 71
116 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
117 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
118 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 73
119 Suitability to be a special purpose registrant. . . . . . . . . . . . . . . . . . . . . . . . . 73
120 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
121 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
122 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
123 Provisional special purpose registration of a person . . . . . . . . . . . . . . . . . . . 74
Subdivision 2--Renewal of special purpose registrations
124 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
125 Matters that may be considered in deciding whether to renew special
purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
126 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
127 Period of renewed special purpose registration. . . . . . . . . . . . . . . . . . . . . . . 76
Subdivision 3--Cancellation of special purpose registrations
128 Application of div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
129 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Subdivision 4--Removal of conditions
130 Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 10--General provisions about registrations
131 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 78
132 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
133 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 79
134 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 79
135 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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136 Notification of certain events to interstate regulatory authorities and
other entities ............................................ 80
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
137 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
138 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
139 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 83
140 Restrictions on special purpose registrants, provisional general
registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . 83
141 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 84
Division 2--Notification of business names and other details
142 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
143 Notification of change in business names etc.. . . . . . . . . . . . . . . . . . . . . . . . 85
Division 3--Advertising
144 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
145 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 4--Registrants' autonomy
146 Aiding, abetting etc. conduct that is a ground for disciplinary action. . . . . . 87
Division 5--Court orders and injunctions
147 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 87
148 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 6--Reprisals
149 Reprisal and grounds for reprisals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
150 Offence for taking reprisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
151 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Division 7--Other provisions
152 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . . 91
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
153 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
154 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
155 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
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Division 2--Appointment of inspectors and other matters
156 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
157 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
158 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
159 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
160 Production or display of inspector's identity card. . . . . . . . . . . . . . . . . . . . . 93
Division 3--Powers of inspectors
Subdivision 1--Entry of places
161 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Subdivision 2--Procedure for entry
162 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
163 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
164 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
165 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
166 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Subdivision 3--Powers after entry
167 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
168 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
169 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Subdivision 4--Power to seize evidence
170 Seizing evidence at a place that may be entered without consent or
warrant ............................................... 99
171 Seizing evidence at a place that may only be entered with consent or
warrant ................................................ 100
172 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
173 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
174 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
175 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
176 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
177 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
178 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
179 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
180 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
9
Psychologists Registration Bill 2001
Subdivision 5--Power to obtain information
181 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
182 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
183 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 105
184 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
185 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 4--General enforcement matters
186 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
187 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
188 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
189 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
190 Obstructing inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
191 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
PART 6--APPEALS
192 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
193 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
194 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
195 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
196 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
197 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
198 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
199 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
200 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 2--Proceedings
201 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
202 Proceedings for indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
203 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 114
204 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 114
205 Allegations of false or misleading information or documents . . . . . . . . . . . 114
206 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
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Psychologists Registration Bill 2001
207 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 115
208 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 115
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
209 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
210 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 2--Records to be kept
211 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 3--Information
212 Confidentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
213 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 119
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
214 Definitions for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
215 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 120
216 Health records forming part of deceased estate. . . . . . . . . . . . . . . . . . . . . . . 121
217 Health records of persons convicted of an offence against s 137(1) or
(6) or 138 ............................................... 121
218 Dealing with certain health records seized under s 170 or 171. . . . . . . . . . . 121
219 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
220 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 2--Continuing professional education of registrants
221 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 3--Declared events
222 Definitions for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
223 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
224 Deemed general registration of visiting practitioners . . . . . . . . . . . . . . . . . . 124
Division 4--Other provisions
225 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
226 Protection for persons supervising probationary registrants . . . . . . . . . . . . . 125
227 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 126
228 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 126
229 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
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Psychologists Registration Bill 2001
230 Board to keep list of approved qualifications . . . . . . . . . . . . . . . . . . . . . . . . 126
231 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
232 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
233 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
PART 10--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
234 Repeal of Psychologists Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 2--Transitional provisions
235 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
236 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 128
237 Board is the legal successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
238 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
239 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
240 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
241 Dealing with matter under Health Practitioners (Professional Standards)
Act 1999 ............................................... 130
242 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
243 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
244 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 131
245 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
246 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
247 Review of conditions imposed under repealed Act . . . . . . . . . . . . . . . . . . . . 134
248 Existing applications for certain column 1 registrations . . . . . . . . . . . . . . . . 134
249 Existing applications for restoration of certain column 1 registrations. . . . . 134
250 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
251 Approval of business names under repealed Act. . . . . . . . . . . . . . . . . . . . . . 135
252 Sections 142 and 145 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 136
253 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
254 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
PART 11--CONSEQUENTIAL AMENDMENTS OF ACTS
255 Amendment of Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
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Psychologists Registration Bill 2001
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 138
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 140
CONSEQUENTIAL AMENDMENTS OF ACTS
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000 . . . 140
CORRECTIVE SERVICES ACT 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
EXPLOSIVES ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 .............................................. 141
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 ............................................. 142
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 142
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 . 142
MENTAL HEALTH ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
WEAPONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 144
DICTIONARY
2001
A BILL
FOR
An Act to provide for the registration of psychologists, and for other
purposes
s1 14 s5
Psychologists Registration Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Psychologists Registration Act 2001. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Division 2--Operation of Act 8
3 Act binds all persons 9
(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
4 The legislative scheme 13
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
5 Board's decisions to accord with decisions of certain bodies under 18
the Health Practitioners (Professional Standards) Act 1999 19
(1) This section applies if the board is making-- 20
(a) a decision on an application for registration; or 21
(b) a decision, under this Act, affecting a registrant's registration. 22
s6 15 s8
Psychologists Registration Bill 2001
(2) The decision must comply with, and be consistent with, any decision 1
of the board, a disciplinary committee, a professional conduct review 2
panel, the Health Practitioners Tribunal or the Court of Appeal, affecting 3
the applicant or registration, under the Health Practitioners (Professional 4
Standards) Act 1999. 5
6 Mutual recognition legislation not affected 6
This Act does not affect the operation of the Mutual Recognition 7
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 8
(Queensland) Act 1999. 9
Division 3--Objects 10
7 Objects of Act 11
(1) The objects of this Act are-- 12
(a) to protect the public by ensuring health care is delivered by 13
registrants in a professional, safe and competent way; and 14
(b) to uphold the standards of practice within the profession; and 15
(c) to maintain public confidence in the profession. 16
(2) The objects are to be achieved mainly by-- 17
(a) establishing the Psychologists Board of Queensland; and 18
(b) providing for the registration of persons under this Act; and 19
(c) imposing obligations on persons in relation to the practice of the 20
profession; and 21
(d) providing for compliance with this Act to be monitored and 22
enforced. 23
Division 4--Interpretation 24
8 Definitions 25
The dictionary in schedule 3 defines particular words used in this Act. 26
s9 16 s 11
Psychologists Registration Bill 2001
PART 2--PSYCHOLOGISTS BOARD OF QUEENSLAND 1
Division 1--Establishment and functions 2
9 Establishment of board 3
(1) The Psychologists Board of Queensland is established. 4
(2) The board-- 5
(a) is a body corporate; and 6
(b) has a common seal; and 7
(c) may sue and be sued in its corporate name. 8
10 Board's relationship with the State 9
The board does not represent the State. 10
11 Functions of board 11
The board has the following functions-- 12
(a) to assess applications for registration; 13
(b) to register persons who satisfy the requirements for registration; 14
(c) to monitor, and assess, whether registrants comply with any 15
conditions of registration; 16
(d) to keep a register of, and records relating to, registrants; 17
(e) to promote high standards of practice of the profession by 18
registrants; 19
(f) to develop or adopt programs for the continuing professional 20
education of registrants, and encourage their participation in the 21
programs; 22
(g) to develop or adopt training programs in the practice of the 23
profession that are relevant to a person's eligibility for 24
registration; 25
s 12 17 s 12
Psychologists Registration Bill 2001
1
Example of `training programs'--
2
Refresher courses for persons who have not practised the profession for a
3
number of years.
(h) to confer and cooperate with interstate regulatory authorities; 4
(i) to confer and cooperate with entities engaged in the development 5
of national policies about the regulation of the profession; 6
(j) to confer and cooperate with the following entities about the 7
education of persons in the practice of the profession-- 8
(i) educational institutions; 9
(ii) entities responsible for accrediting courses, or accrediting 10
institutions to educate persons, for the profession; 11
(k) to inform registrants and the public about the operation of the 12
legislative scheme in its application to the profession; 13
(l) to examine, and advise the Minister about, the operation of the 14
legislative scheme in its application to the profession; 15
(m) to monitor, and enforce, compliance with this Act; 16
(n) to undertake research, relevant to the legislative scheme, into the 17
regulation of the profession; 18
(o) to collect, and give to persons, information about the practice of 19
the profession by registrants; 20
21
Example of `information about the practice of the profession by registrants'--
22
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 23
another Act. 24
25
Example for paragraph (p)--
26
Under the Health Practitioners (Professional Standards) Act 1999,
27
section 374, the board may develop codes of practice, or adopt another
28
entity's code of practice, to provide guidance to registrants as to
29
appropriate professional conduct or practice.
12 Board's independence etc. 30
In performing its functions, the board is to act independently, impartially 31
and in the public interest. 32
s 13 18 s 14
Psychologists Registration Bill 2001
13 Powers of board 1
(1) The board has all the powers of an individual, and may, for 2
example-- 3
(a) enter into contracts; and 4
(b) enter into service agreements; and 5
(c) acquire, hold, dispose of, and deal with, property; and 6
(d) appoint agents and attorneys; and 7
(e) engage consultants; and 8
(f) fix charges, and other terms, for services and other facilities it 9
supplies; and 10
(g) do anything else necessary or convenient to be done for, or in 11
connection with, its functions. 12
(2) This section does not authorise the board to obtain administrative and 13
operational support other than as required by the Health Practitioner 14
Registration Boards (Administration) Act 1999. 15
(3) Without limiting subsection (1), the board has the powers given to it 16
under this or another Act. 17
(4) The board may exercise its powers inside or outside Queensland. 18
(5) Without limiting subsection (4), the board may exercise its powers 19
outside Australia. 20
14 Delegation by board 21
(1) The board may delegate its powers under this Act to-- 22
(a) a member; or 23
(b) a committee of the board consisting of appropriately qualified 24
persons, 1 of whom must be a member; or 25
(c) the executive officer; or 26
(d) with the agreement of the executive officer--an appropriately 27
qualified member of the office's staff. 28
(2) However, the board may not delegate its power under this Act-- 29
(a) to decide to register, or refuse to register, an applicant for 30
registration; or 31
s 15 19 s 15
Psychologists Registration Bill 2001
(b) to decide to refuse to renew a renewable registration; or 1
(c) to decide to refuse to restore a renewable registration; or 2
(d) to decide to cancel a registration; or 3
(e) to decide to impose, or remove, conditions on a registration; or 4
(f) to enter into a service agreement. 5
(3) In this section-- 6
"appropriately qualified" includes having the qualifications, experience 7
or standing appropriate to exercise the power. 8
9
Example of `standing' for a member of the office's staff--
10
The staff member's classification level in the office.
Division 2--Membership 11
15 Membership of board 12
(1) The board consists of at least 7, but not more than 11, members 13
appointed by the Governor in Council. 14
(2) The board must include-- 15
(a) persons who are general registrants (the "registrant members"); 16
and 17
(b) persons (the "public members") having an interest in, and 18
knowledge of, consumer health issues who are not, and have not 19
been-- 20
(i) registered under a health practitioner registration Act or an 21
earlier corresponding Act; or 22
(ii) registered or enrolled under the Nursing Act 1992 or an 23
earlier corresponding Act; or 24
(iii) registered or enrolled under a law applying, or that applied, 25
in another State or foreign country that provides, or 26
provided, for the same matter as a health practitioner 27
registration Act or the Nursing Act 1992 or a provision of 28
the Act; and 29
(c) 1 lawyer nominated by the Minister. 30
s 16 20 s 18
Psychologists Registration Bill 2001
(3) Also, the Minister may nominate persons who do not belong to the 1
categories of persons mentioned in subsection (2) to be members. 2
(4) A majority of the members must be registrant members. 3
(5) In this section-- 4
"earlier corresponding Act", in relation to a health practitioner 5
registration Act, means an earlier Act that provided for the same 6
matter as the health practitioner registration Act or a provision of the 7
health practitioner registration Act. 8
"earlier corresponding Act", in relation to the Nursing Act 1992, means 9
an earlier Act that provided for the same matter as the Nursing Act 10
1992 or a provision of the Nursing Act 1992. 11
16 Registrant members 12
The registrant members must consist of-- 13
(a) at least 2 general registrants nominated by the bodies the 14
Minister considers represent the interests of registrants; and 15
(b) if there are educational institutions established in the 16
State--1 general registrant nominated by the governing bodies of 17
the institutions chosen by the Minister; and 18
(c) at least 1 general registrant nominated by the Minister. 19
17 Public members 20
The public members must consist of-- 21
(a) at least 1 person nominated by community groups and other 22
entities the Minister considers have an interest in consumer 23
health issues; and 24
(b) at least 1 other person nominated by the Minister. 25
18 Certain nominee board members 26
(1) This section applies for the nomination of a person or persons for a 27
position or positions on the board under section 16(a) or (b) or 17(a). 28
(2) The Minister must give the entities who may make the nomination 29
notice stating a reasonable period within which they may nominate the 30
person or persons for the position or positions. 31
s 19 21 s 19
Psychologists Registration Bill 2001
(3) The Minister may in the notice ask the entities to nominate more than 1
the required number of persons for the position or positions. 2
(4) Subject to subsections (5) and (6), if the entities nominate more than 3
the required number of persons for the position or positions-- 4
(a) the Minister must choose the nominee or nominees for the 5
position or positions from the nominations; and 6
(b) the person or persons chosen are taken to be the nominee or 7
nominees, under the relevant provision mentioned in 8
subsection (1), for the position or positions. 9
(5) Subsection (6) applies if-- 10
(a) the entities do not nominate a person or persons for the position 11
or positions within the period stated in the notice; or 12
(b) the entities nominate a number of persons for the position or 13
positions that is less than the number requested by the Minister 14
under subsection (3); or 15
(c) the person or any of the persons nominated by the entities are not 16
eligible to be appointed to the position or positions concerned. 17
(6) The Minister must nominate a person or persons eligible to be 18
appointed to the position or positions and the nomination or nominations 19
are taken to have been made by the entities. 20
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 21
nomination under subsection (6) may be of, or include, a person or persons 22
nominated by the entities. 23
19 Chairperson and deputy chairperson of board 24
(1) The Governor in Council is to appoint a registrant member to be the 25
chairperson, and another registrant member to be the deputy chairperson, 26
of the board. 27
(2) A person may be appointed as the chairperson or deputy chairperson 28
at the same time the person is appointed as a member. 29
(3) The chairperson or deputy chairperson holds office for the term 30
decided by the Governor in Council, unless the person's term of office as a 31
member ends sooner than the person's term of office as chairperson or 32
deputy chairperson. 33
s 20 22 s 22
Psychologists Registration Bill 2001
(4) A vacancy occurs in the office of chairperson or deputy chairperson 1
if the person holding the office resigns the office by signed notice of 2
resignation given to the Minister or ceases to be a registrant member. 3
(5) However, a person resigning the office of chairperson or deputy 4
chairperson may continue to be a member. 5
(6) The deputy chairperson is to act as chairperson-- 6
(a) during a vacancy in the office of chairperson; and 7
(b) during all periods when the chairperson is absent from duty or, 8
for another reason, can not perform the functions of the office. 9
20 Term of appointment 10
A member is to be appointed for a term of not more than 4 years. 11
21 Disqualification from membership 12
(1) A person can not become, or continue as, a member if the person-- 13
(a) is affected by bankruptcy action; or 14
(b) is, or has been, convicted of an indictable offence; or 15
(c) is, or has been, convicted of an offence against this Act. 16
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 17
person-- 18
(a) is bankrupt; or 19
(b) has compounded with creditors; or 20
(c) as a debtor, has otherwise taken, or applied to take, advantage of 21
any law about bankruptcy. 22
22 Vacation of office 23
(1) A member is taken to have vacated office if the member-- 24
(a) resigns his or her position on the board by signed notice of 25
resignation given to the Minister; or 26
(b) can not continue as a member under section 21; or 27
(c) is absent without the board's permission from 3 consecutive 28
meetings of the board of which due notice has been given. 29
s 23 23 s 24
Psychologists Registration Bill 2001
(2) Also, a member is taken to have vacated office in any of the 1
following circumstances-- 2
(a) if the member is a registrant member--the member stops being a 3
general registrant; 4
(b) if the member is a public member--the member stops being a 5
person mentioned in section 15(2)(b); 6
(c) if the member was nominated, for membership of the board, 7
under section 15(2)(c)--the member stops being a lawyer. 8
(3) In this section-- 9
"meeting" means the following-- 10
(a) if the member does not attend--a meeting with a quorum 11
present; 12
(b) if the member attends--a meeting with or without a quorum 13
present. 14
23 When notice of resignation takes effect 15
A notice of resignation under section 19(4) or 22(1)(a) takes effect when 16
the notice is given to the Minister or, if a later time is stated in the notice, 17
the later time. 18
24 Leave of absence for a member 19
(1) The Minister may approve a leave of absence for a member (the 20
"approved absent member") of more than 3 months. 21
(2) The Minister may appoint another person to act in the office of the 22
approved absent member while the member is absent on the approved 23
leave. 24
(3) A person appointed under subsection (2) must belong to the same 25
category of persons mentioned in section 15(2) or (3) to which the 26
approved absent member belongs. 27
(4) If the approved absent member is the deputy chairperson, the 28
Minister may appoint another registrant member to act in the deputy 29
chairperson's office while the deputy chairperson is absent on the approved 30
leave. 31
s 25 24 s 29
Psychologists Registration Bill 2001
25 Effect of vacancy in membership of board 1
(1) Subsection (2) applies despite sections 15 to 17.1 2
(2) The performance of a function, or exercise of a power, by the board 3
is not affected merely because of a vacancy in the membership of the 4
board. 5
26 Remuneration of members 6
A member is entitled to be paid the fees and allowances decided by the 7
Governor in Council. 8
Division 3--Board business 9
27 Conduct of business 10
Subject to this division, the board may conduct its business, including its 11
meetings, in the way it considers appropriate. 12
28 Times and places of meetings 13
(1) Board meetings are to be held at the times and places the chairperson 14
decides. 15
(2) However, the chairperson must call a meeting if asked, in writing, to 16
do so by the Minister or at least the number of members forming a quorum 17
for the board. 18
29 Quorum 19
A quorum for the board is the number equal to one-half of the number of 20
its members or, if one-half is not a whole number, the next highest whole 21
number. 22
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 30 25 s 31
Psychologists Registration Bill 2001
30 Presiding at meetings 1
(1) The chairperson is to preside at all meetings of the board at which the 2
chairperson is present. 3
(2) If the chairperson is absent from a board meeting, but the deputy 4
chairperson is present, the deputy chairperson is to preside. 5
(3) If the chairperson and deputy chairperson are both absent from a 6
board meeting or the offices are vacant, a registrant member chosen by the 7
members present is to preside. 8
31 Conduct of meetings 9
(1) A question at a board meeting is decided by a majority of the votes of 10
the members present. 11
(2) Each member present at the meeting has a vote on each question to 12
be decided and, if the votes are equal, the member presiding also has a 13
casting vote. 14
(3) A member present at the meeting who abstains from voting is taken 15
to have voted for the negative. 16
(4) The board may hold meetings, or allow members to take part in its 17
meetings, by using any technology allowing reasonably contemporaneous 18
and continuous communication between members taking part in the 19
meeting. 20
21
Example of `technology allowing reasonably contemporaneous and continuous
22
communication'--
23
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 24
taken to be present at the meeting. 25
(6) A resolution is validly made by the board, even if it is not passed at a 26
board meeting, if-- 27
(a) a majority of the board members gives written agreement to the 28
resolution; and 29
(b) notice of the resolution is given under procedures approved by 30
the board. 31
s 32 26 s 33
Psychologists Registration Bill 2001
32 Minutes 1
(1) The board must keep-- 2
(a) minutes of its meetings; and 3
(b) a record of any resolutions made under section 31(6). 4
(2) Subsection (3) applies if a resolution is passed at a board meeting by 5
a majority of the members present. 6
(3) If asked by a member who voted against the passing of the 7
resolution, the board must record in the minutes of the meeting that the 8
member voted against the resolution. 9
Division 4--Board committees 10
33 Committees 11
(1) The board may establish committees of the board for effectively and 12
efficiently performing its functions. 13
(2) A committee may include a person who is not a member of the 14
board. 15
(3) The board is to decide the terms of reference of a committee. 16
(4) The functions of a committee are to-- 17
(a) advise and make recommendations to the board about matters, 18
within the scope of the board's functions, referred by the board to 19
the committee; and 20
(b) exercise powers delegated to it by the board.2 21
(5) A committee must keep a record of the decisions it makes when 22
exercising a power delegated to it by the board. 23
(6) The board may decide matters about a committee that are not 24
provided for under this Act, including, for example, the way a committee 25
must conduct meetings. 26
2 See section 14 for the board's power of delegation.
s 34 27 s 35
Psychologists Registration Bill 2001
34 Remuneration of committee members 1
A committee member is entitled to be paid the fees and allowances 2
decided by the Governor in Council. 3
Division 5--Disclosure of interests by board members and committee 4
members 5
35 Disclosure of interests 6
(1) This section applies to a board or committee member (the 7
"interested person") if-- 8
(a) the interested person has a direct or indirect interest in an issue 9
being considered, or about to be considered, by the board or 10
committee; and 11
(b) the interest could conflict with the proper performance of the 12
person's duties about the consideration of the issue. 13
(2) As soon as practicable after the relevant facts come to the interested 14
person's knowledge, the person must disclose the nature of the interest to a 15
board or committee meeting. 16
(3) Unless the board or committee otherwise directs, the interested 17
person must not-- 18
(a) be present when the board or committee considers the issue; or 19
(b) take part in a decision of the board or committee about the issue. 20
(4) The interested person must not be present when the board or 21
committee is considering whether to give a direction under subsection (3). 22
(5) If there is another person who must, under subsection (2), also 23
disclose an interest in the issue, the other person must not-- 24
(a) be present when the board or committee is considering whether 25
to give a direction under subsection (3) about the interested 26
person; or 27
(b) take part in making the decision about giving the direction. 28
(6) If-- 29
(a) because of this section, a board or committee member is not 30
present at a board or committee meeting for considering or 31
s 36 28 s 36
Psychologists Registration Bill 2001
deciding an issue, or for considering or deciding whether to give 1
a direction under subsection (3); and 2
(b) there would be a quorum if the member were present; 3
the remaining persons present are a quorum of the board or committee for 4
considering or deciding the issue, or for considering or deciding whether to 5
give the direction, at the meeting. 6
(7) A disclosure under subsection (2) must be recorded in the board's or 7
committee's minutes. 8
(8) If the interested person is a registrant member, the person does not 9
have a direct or indirect interest in an issue if the interest arises merely 10
because the person is a registrant. 11
Division 6--Directions by Minister 12
36 Minister's power to give directions in the public interest 13
(1) The Minister may give the board a written direction about a matter 14
relevant to the performance of its functions under this Act if the Minister is 15
satisfied it is necessary to give the direction in the public interest. 16
(2) Without limiting subsection (1), the direction may be to-- 17
(a) give reports and information; or 18
(b) apply to the board a policy, standard or other instrument applying 19
to a public sector unit. 20
(3) The direction can not be about-- 21
(a) the registering of, or refusal to register, an applicant for 22
registration; or 23
(b) the renewing of, or refusal to renew, a renewable registration; or 24
(c) the restoring of, or refusal to restore, a renewable registration; or 25
(d) the cancelling of a registration; or 26
(e) the imposing, or removal, of conditions on a registration. 27
(4) Despite section 12,3 the board must comply with the direction. 28
3 Section 12 (Board's independence etc.)
s 37 29 s 38
Psychologists Registration Bill 2001
Division 7--Annual reports 1
37 Matters to be included in annual report 2
(1) The board's annual report under the Financial Administration and 3
Audit Act 1977 for a financial year must include the following-- 4
(a) copies of all ministerial directions given to the board under 5
section 36 during the financial year; 6
(b) the number of registrants at the end of the financial year; 7
(c) details of the amount of the board's funds spent, in the financial 8
year, on investigations and inspections under part 5;4 9
(d) details of the amount of the board's funds spent, in the financial 10
year, on developing or adopting training programs in the practice 11
of the profession that are relevant to a person's eligibility for 12
registration; 13
(e) details of the amount of the board's funds spent in the financial 14
year on research, relevant to the legislative scheme, into the 15
regulation of the profession; 16
(f) details of any policies or programs developed, or initiatives 17
taken, by the board in the financial year for the general benefit of 18
users of registrants' services. 19
(2) However, the board must exclude from the copies mentioned in 20
subsection (1)(a) all information likely to identify a person mentioned in 21
the direction. 22
Division 8--Other provisions about the board 23
38 Board is statutory body under the Financial Administration and 24
Audit Act 1977 25
The board is a statutory body under the Financial Administration and 26
Audit Act 1977. 27
4 Part 5 (Investigation and enforcement)
s 39 30 s 42
Psychologists Registration Bill 2001
39 Board is statutory body under the Statutory Bodies Financial 1
Arrangements Act 1982 2
(1) The board is a statutory body under the Statutory Bodies Financial 3
Arrangements Act 1982. 4
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 5
sets out the way in which the board's powers under this Act are affected by 6
the Statutory Bodies Financial Arrangements Act 1982. 7
40 Board's common seal 8
The board's common seal is to be kept in the custody of a person 9
nominated by the board and may be used only as authorised by the board. 10
PART 3--REGISTRATION 11
Division 1--Preliminary 12
41 Who may apply for registration 13
Only an individual may apply for registration. 14
Division 2--Applications for general registration 15
Subdivision 1--Applications 16
42 Procedural requirements for applications 17
(1) An application for general registration must-- 18
(a) be made to the board; and 19
(b) be in the approved form; and 20
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 43 31 s 44
Psychologists Registration Bill 2001
(c) be accompanied by-- 1
(i) satisfactory evidence of relevant qualifications; and 2
(ii) the application fee prescribed under a regulation (the 3
"application fee"); and 4
(iii) the registration fee prescribed under a regulation (the 5
"registration fee"); and 6
(iv) any other documents, identified in the approved form, the 7
board reasonably requires; and 8
(v) if the applicant is registered under a corresponding law, 9
written details of any conditions of the registration. 10
(2) Information in the application must, if the approved form requires, be 11
verified by a statutory declaration. 12
Subdivision 2--Eligibility for general registration 13
43 Eligibility 14
(1) An applicant for general registration is eligible for general 15
registration if-- 16
(a) the applicant is qualified for general registration under 17
section 44; and 18
(b) the applicant is fit to practise the profession. 19
(2) Without limiting subsection (1), the board may be satisfied the 20
applicant is eligible for general registration by imposing conditions on the 21
registration under section 59.6 22
(3) Also, section 577 states when an applicant's general registration must 23
be subject to probationary conditions. 24
44 When applicant is qualified for general registration 25
(1) An applicant for general registration is qualified for general 26
registration if-- 27
6 Section 59 (Imposition of other conditions by board)
7 Section 57 (Imposition of probationary conditions)
s 44 32 s 44
Psychologists Registration Bill 2001
(a) the applicant has an approved qualification; or 1
(b) the applicant has a qualification that is substantially equivalent 2
to, or based on similar competencies to that required for, a 3
current 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 7
have 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 14
qualification; 15
16
Example of `attributes' of a course--
17
The course objectives and competencies.
(c) any other relevant issue. 18
(3) In this section-- 19
"approved qualification" means-- 20
(a) a qualification that-- 21
(i) is conferred or awarded as a result of the successful 22
completion of a course offered by an Australian or New 23
Zealand educational institution; and 24
(ii) meets the minimum requirements prescribed under a 25
regulation; and 26
(iii) has been approved by the board as enabling a person to gain 27
the skills necessary to competently and safely practise the 28
profession; or 29
(b) a qualification that is prescribed under a regulation. 30
"current approved qualification" means an approved qualification that 31
may be conferred or awarded as a result of the successful completion 32
of a course offered, at the date of the applicant's application for 33
s 45 33 s 45
Psychologists Registration Bill 2001
general registration, by the educational institution mentioned in 1
relation to the qualification in the approval or regulation. 2
45 Fitness to practise the profession 3
(1) In deciding whether an applicant for general registration is fit to 4
practise the profession, the board may have regard to the following-- 5
(a) the applicant's mental and physical health; 6
(b) the applicant's command of the English language; 7
(c) whether the applicant has been convicted of an indictable 8
offence; 9
(d) whether the applicant has been convicted of an offence against 10
the 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 13
to 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 23
condition 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 27
it being affected; 28
(g) if the qualification relied on by the applicant to obtain 29
registration was conferred or awarded on a day (the 30
"qualification day") that is more than 3 years before the date of 31
application, the nature, extent and period of any practice of the 32
profession by the applicant since the qualification day; 33
s 46 34 s 46
Psychologists Registration Bill 2001
(h) any other issue relevant to the applicant's ability to competently 1
and safely practise the profession. 2
(2) In subsection (1)(c), (d) or (e), mention of a conviction does not 3
include a conviction that is not part of the applicant's criminal history. 4
(3) For subsection (1)(g)-- 5
(a) the passing of an examination mentioned in section 44(1)(c) is 6
taken to be a qualification; and 7
(b) the day the examination was passed is taken to be the 8
qualification day. 9
(4) The board may ask the commissioner of the police service for a 10
written report about an applicant's criminal history. 11
(5) If asked by the board, the commissioner of the police service must 12
give the board a written report about the criminal history of the applicant, 13
including the criminal history in the commissioner's possession or to 14
which the commissioner has access. 15
(6) In this section-- 16
"criminal history", of an applicant, means the applicant's criminal history 17
as defined under the Criminal Law (Rehabilitation of Offenders) Act 18
1986, other than convictions for which the rehabilitation period has 19
expired, and not been revived, under that Act. 20
Subdivision 3--Inquiries into applications 21
46 Board's powers before deciding applications 22
(1) Before deciding the application, the board-- 23
(a) may investigate the applicant; and 24
(b) may, by notice given to the applicant, require the applicant to 25
give the board, within a reasonable time of at least 30 days stated 26
in the notice, further information or a document the board 27
reasonably requires to decide the application; and 28
(c) may, by notice given to the applicant, require the applicant to 29
undergo a written, oral or practical examination within a 30
reasonable time of at least 30 days stated in the notice, and at a 31
reasonable place; and 32
s 47 35 s 47
Psychologists Registration Bill 2001
(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 12
the 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
47 Appointment of appropriately qualified person to conduct health 25
assessment 26
(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
a medical practitioner. 32
s 48 36 s 49
Psychologists Registration Bill 2001
(4) Before appointing a person to conduct a health assessment, the board 1
must be satisfied the person does not have a personal or professional 2
connection with the applicant that may prejudice the way in which the 3
person conducts the assessment. 4
(5) In this section-- 5
"appropriately qualified", for a medical practitioner or other person 6
conducting a health assessment, includes having the qualifications, 7
experience, skills or knowledge appropriate to conduct the 8
assessment. 9
48 Report about health assessment 10
(1) A person appointed under section 47 to conduct all or part of a health 11
assessment of the applicant must prepare a report about the assessment (an 12
"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 20
the incapacity. 21
(3) The person must give the assessment report to the board. 22
49 Use of assessment report 23
(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 27
than 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
report relates. 32
(4) In this section-- 33
s 50 37 s 52
Psychologists Registration Bill 2001
"assessment report" includes a copy of the report, or a part of the report 1
or copy. 2
"proceedings under the Health Practitioners (Professional Standards) 3
Act 1999" includes a health assessment of a registrant by a health 4
assessment committee under that Act. 5
"stated proceedings" means-- 6
(a) a review of conditions under division 8;8 or 7
(b) an appeal started under part 6;9 or 8
(c) proceedings under the Health Practitioners (Professional 9
Standards) Act 1999, not including proceedings for an offence 10
against that Act. 11
50 Payment for health assessments and reports 12
A person who conducts a health assessment and prepares an assessment 13
report for the board is entitled to be paid for his or her work by the board. 14
Subdivision 4--Decision on applications 15
51 Decision 16
The board must consider the application and decide to register, or refuse 17
to register, the applicant as a general registrant. 18
52 Steps to be taken after application decided 19
(1) If the board decides to register the applicant as a general registrant, it 20
must as soon as practicable issue a certificate of general registration to the 21
applicant. 22
(2) If the board decides to refuse to register the applicant as a general 23
registrant, it must as soon as practicable give the applicant an information 24
notice about the decision. 25
8 Division 8 (Reviewing conditions of general registrations)
9 Part 6 (Appeals)
s 53 38 s 54
Psychologists Registration Bill 2001
53 Failure to decide applications 1
(1) Subject to subsections (2) and (3), if the board fails to decide the 2
application within 60 days after its receipt, the failure is taken to be a 3
decision by the board to refuse to register the applicant as a general 4
registrant. 5
(2) Subsection (3) applies if the board has-- 6
(a) under section 46(1)(b),10 required the applicant to give the board 7
further information or a document; or 8
(b) under section 46(1)(c), required the applicant to undergo an 9
examination; or 10
(c) under section 46(1)(d), required the applicant to undergo a health 11
assessment. 12
(3) The board is taken to have decided to refuse to register the applicant 13
as a general registrant if it fails to decide the application by the latest of the 14
following days-- 15
(a) the day that is 60 days after the board receives the further 16
information or document; 17
(b) the day that is 60 days after the board receives the results of the 18
examination; 19
(c) the day that is 60 days after the board receives the assessment 20
report. 21
(4) This section does not apply if the applicant is registered as a 22
provisional general registrant.11 23
(5) This section is subject to section 54. 24
54 Further consideration of applications 25
(1) This section applies if the board considers it needs further time to 26
make a decision on the application because of the complexity of the 27
matters that need to be considered in deciding the application. 28
10 Section 46 (Board's powers before deciding applications)
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 54 39 s 54
Psychologists Registration Bill 2001
1
Example of an application for general registration that may require the consideration of
2
complex matters--
3
An application requiring the board to obtain and consider information about the
4
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 5
notice to the applicant that-- 6
(a) because of the complexity of the matters that need to be 7
considered in deciding the application, the board needs further 8
time to decide the application; and 9
(b) the period within which the board must decide the application is 10
extended to a day (the "extended day") that is 60 days after the 11
final consideration day. 12
(3) Also, the applicant and board may at any time before the final 13
consideration day agree in writing on a day (the "agreed extended day") 14
by which the application is to be decided. 15
(4) The board is taken to have decided to refuse to register the applicant 16
as a general registrant if it does not decide the application by-- 17
(a) if subsection (2) applies--the extended day; or 18
(b) if subsection (3) applies--the agreed extended day; or 19
(c) if both subsections (2) and (3) apply--the later of the extended 20
day or agreed extended day. 21
(5) Subsection (4) does not apply if the applicant is registered as a 22
provisional general registrant.12 23
(6) In this section-- 24
"final consideration day" means the latest of the following days-- 25
(a) the day that is 60 days after receipt of the application; 26
(b) if the board has, under section 46(1)(b), required the applicant to 27
give the board further information or a document--the day that is 28
60 days after the board receives the further information or 29
document; 30
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 55 40 s 56
Psychologists Registration Bill 2001
(c) if the board has, under section 46(1)(c), required the applicant to 1
undergo an examination--the day that is 60 days after the board 2
receives the results of the examination; 3
(d) if the board has, under section 46(1)(d), required the applicant to 4
undergo a health assessment--the day that is 60 days after the 5
board receives the assessment report. 6
Subdivision 5--Information in certificates of general registration 7
55 Forms of certificates of general registration 8
(1) A certificate of general registration must be in the approved form. 9
(2) The approved form must provide for the inclusion of the following-- 10
(a) the registrant's name; 11
(b) the period of the registration; 12
(c) any conditions of registration, including, for example, any 13
probationary conditions. 14
Subdivision 6--Period of general registration 15
56 Period 16
(1) The period of registration that is to apply to general registrants is the 17
period (the "general registration period"), not more than 3 years, 18
prescribed under a regulation. 19
(2) If the board decides to register an applicant for general registration as 20
a general registrant during a general registration period, the registration 21
remains in force for the period-- 22
(a) commencing on the day when the board makes the decision; and 23
(b) ending on the last day of the general registration period. 24
s 57 41 s 57
Psychologists Registration Bill 2001
Subdivision 7--Conditions of general registration 1
57 Imposition of probationary conditions 2
(1) This section applies if-- 3
(a) the board decides to register an applicant for general registration 4
as a general registrant; and 5
(b) the applicant-- 6
(i) has not completed, to the board's satisfaction, the 7
supervised practice program for the profession; and 8
(ii) does not, in the board's reasonable opinion, have relevant 9
practical experience in the profession. 10
(2) The board must impose the following conditions on the 11
registration-- 12
(a) for a registrant who has not, in the board's reasonable opinion, 13
practised in the profession-- 14
(i) that the registrant may practise the profession only in 15
accordance with the supervised practice program for the 16
profession; and 17
(ii) that the registrant must complete, to the board's satisfaction, 18
the supervised practice program within the period 19
prescribed under a regulation; 20
(b) for a registrant who has practised in the profession but does not, 21
in the board's reasonable opinion, have relevant practical 22
experience-- 23
(i) that the registrant may practise the profession only in 24
accordance with the part of the supervised practice program 25
(the "partial program") decided by the board for the 26
registrant; and 27
(ii) that the registrant must complete, to the board's satisfaction, 28
the partial program within the period decided by the board. 29
(3) In deciding whether an applicant has practised in the profession, the 30
board may have regard only to practice undertaken by the applicant after 31
completing the qualification for registration. 32
s 58 42 s 58
Psychologists Registration Bill 2001
(4) In deciding the part of the supervised practice program to be 1
completed, and the period within which it must be completed, the board 2
may have regard to the following-- 3
(a) the nature, extent and recency of any practice in the profession by 4
the applicant, including, for example, any practice undertaken as 5
part of a qualification in the profession the applicant has in 6
addition to the qualification for registration; 7
(b) any reports from persons who have supervised the applicant in 8
the practice of the profession. 9
(5) The board may have regard to practice mentioned in 10
subsection (4)(a) whether or not the practice has been undertaken under 11
supervision. 12
(6) The board must as soon as practicable give the applicant an 13
information notice about the conditions. 14
(7) Despite subsection (6), if in the application the applicant does not 15
claim to have practised in the profession since obtaining the qualification 16
for registration, the applicant is not entitled to an information notice merely 17
because probationary conditions are imposed on the applicant's 18
registration. 19
58 Relevant practical experience in the profession 20
(1) An applicant has relevant practical experience in the profession if the 21
applicant has experience in the practice of the profession that is 22
substantially equivalent to the nature and extent of the practice of the 23
profession provided under the supervised practice program. 24
(2) To remove doubt, it is declared that an applicant's experience in the 25
practice of the profession may be substantially equivalent to the practice of 26
the profession provided under the supervised practice program even if the 27
applicant's practice was not undertaken under the supervision of a 28
registrant. 29
(3) In deciding whether an applicant has relevant practical experience in 30
the profession, the board may have regard to the following-- 31
(a) any qualifications in the profession the applicant has in addition 32
to the qualifications for general registration; 33
(b) the nature and extent of any practice in the profession by the 34
applicant since the applicant obtained the qualification for 35
registration; 36
s 59 43 s 59
Psychologists Registration Bill 2001
(c) reports from persons who have supervised the applicant in the 1
practice of the profession; 2
(d) advice and recommendations about the applicant from an entity 3
recognised by the board as competent to assess the applicant's 4
ability to meet the competencies stated for the supervised 5
practice program; 6
(e) any other relevant issue. 7
59 Imposition of other conditions by board 8
(1) In addition to any conditions imposed under section 57, the board 9
may decide to register an applicant for general registration as a general 10
registrant on conditions the board considers necessary or desirable for the 11
applicant to competently and safely practise the profession. 12
13
Example of conditions of general registration--
14
A condition prohibiting a general registrant engaging in stated procedures related to the
15
practice of the profession.
(2) If the board decides to register an applicant for general registration as 16
a general registrant on conditions, it must as soon as practicable-- 17
(a) also decide the review period applying to the conditions;13 and 18
(b) give the applicant an information notice about the decisions. 19
(3) If the board decides to register an applicant for general registration as 20
a general registrant on conditions because of the applicant's mental and 21
physical health, it must also decide whether details of the conditions must 22
be recorded in the register for the period for which the conditions are in 23
force. 24
(4) The board must decide not to record details of the conditions 25
mentioned in subsection (3) in the register unless it reasonably believes it is 26
in the interests of users of the registrant's services or the public to know the 27
details. 28
13 The conditions may be reviewed under division 8 (Reviewing conditions of general
registrations).
s 60 44 s 61
Psychologists Registration Bill 2001
60 Contravention of conditions 1
A general registrant must not contravene a condition of the registration, 2
including, for example, probationary conditions, imposed under this Act. 3
Maximum penalty--100 penalty units. 4
Subdivision 8--Provisions relating to probationary registrants 5
61 Supervised practice program 6
(1) A supervised practice program for the profession is a program, 7
prescribed under a regulation, that provides experience, for probationary 8
registrants, in the practice of the profession. 9
(2) Without limiting subsection (1), a regulation prescribing a program 10
may provide for the following-- 11
(a) the number of hours of practice of the profession to be 12
undertaken and the frequency with which the practice must be 13
undertaken; 14
(b) what constitutes practice of the profession for the program; 15
(c) the requirements for the professional practice settings in which 16
the practice of the profession must be undertaken; 17
(d) the number of hours of supervision to be undertaken and the 18
frequency with which the supervision must happen; 19
(e) what constitutes supervision for the program; 20
(f) the methods of supervision to be used for the program; 21
(g) the activities to be undertaken during the program; 22
(h) the competencies registrants must demonstrate to complete the 23
program; 24
(i) the minimum period during which the program may be 25
completed. 26
(3) Also, a regulation prescribing a program may provide for matters 27
incidental to a program, including, for example-- 28
(a) the responsibilities, under the program, of probationary 29
registrants and supervisors and other persons who supervise 30
probationary registrants; and 31
s 62 45 s 62
Psychologists Registration Bill 2001
(b) the requirements for probationary registrants to keep records and 1
prepare reports relevant to the program, including, for example, 2
log books; and 3
(c) the board's power to require a probationary registrant, the 4
registrant's supervisor and other persons who supervise the 5
probationary registrant in undertaking the supervised practice 6
program, to provide information or documents, or prepare 7
reports, about the registrant's progress and performance in 8
undertaking the program. 9
62 Certain registrants must have supervised practice plan 10
(1) A probationary registrant must, within 28 days of being registered or 11
changing supervisors, have a supervised practice plan, unless the registrant 12
has a reasonable excuse. 13
Maximum penalty--10 penalty units. 14
(2) The probationary registrant must, in consultation with the 15
registrant's supervisor, review the registrant's supervised practice plan at 16
the times, and in the way, prescribed under a regulation, unless the 17
registrant has a reasonable excuse. 18
Maximum penalty--10 penalty units. 19
(3) As soon as practicable after completing the review, the probationary 20
registrant must-- 21
(a) amend the supervised practice plan in an appropriate way and 22
include a notation in the plan, signed by the registrant and the 23
registrant's supervisor, that the plan has been reviewed; or 24
(b) if the registrant does not consider it practicable to amend the 25
plan--prepare another supervised practice plan. 26
Maximum penalty--10 penalty units. 27
(4) In this section-- 28
"supervised practice plan" means a plan prepared by a probationary 29
registrant, in consultation with the registrant's supervisor, that-- 30
(a) is in the approved form or, if a form has not been approved, 31
includes the information prescribed under a regulation; and 32
(b) has been signed by the registrant and the registrant's supervisor. 33
s 63 46 s 65
Psychologists Registration Bill 2001
63 Board may require probationary registrant to produce plan 1
(1) The board may, by notice given to a probationary registrant, require 2
the registrant to give the board, within 14 days after receipt of the notice, a 3
copy of the registrant's supervised practice plan. 4
(2) The probationary registrant must comply with the notice, unless the 5
registrant has a reasonable excuse. 6
Maximum penalty for subsection (2)--10 penalty units. 7
64 Person ceasing to be supervisor must give report to board or 8
nominated person 9
(1) This section applies if-- 10
(a) a person is the supervisor for a probationary registrant; and 11
(b) the person ceases to be the registrant's supervisor. 12
(2) The person must, within 28 days after ceasing to be the probationary 13
registrant's supervisor, give a report about the registrant to-- 14
(a) if a person has been prescribed under a regulation--the 15
prescribed person; or 16
(b) otherwise--the board. 17
Maximum penalty--10 penalty units. 18
(3) The report must be in the approved form or, if a form has not been 19
approved, must include the details prescribed under a regulation. 20
(4) Subsection (2) does not apply if a person ceases to be a probationary 21
registrant's supervisor because the board decides, under section 98(3), that 22
the registrant must undertake the supervised practice program under the 23
supervision of another supervisor. 24
Division 3--Provisional general registration 25
65 Meaning of "authorised person" for div 3 26
(1) In this division-- 27
"authorised person" means any of the following persons who are 28
authorised by the board to decide to register a person as a provisional 29
general registrant-- 30
s 66 47 s 66
Psychologists Registration Bill 2001
(a) the executive officer; 1
(b) a member; 2
(c) a member of the office's staff. 3
(2) An authority mentioned in subsection (1) may be limited by 4
reference to specified conditions, exceptions or factors. 5
66 Provisional general registration of person on probationary 6
conditions 7
(1) This section applies to an applicant for general registration who does 8
not, in the applicant's application, claim to have practised in the profession 9
since obtaining the qualification for registration. 10
(2) Subsection (3) applies if an authorised person reasonably 11
considers-- 12
(a) the applicant is eligible for the registration without conditions 13
(other than probationary conditions); and 14
(b) because of the period before the board is likely to consider the 15
application in the ordinary course of its business, it is not 16
reasonable for the applicant to wait for the board to consider the 17
application. 18
(3) The authorised person may decide to register the applicant as a 19
provisional general registrant on the probationary conditions mentioned in 20
section 57(2)(a). 21
(4) Subsection (5) applies if an authorised person or the board-- 22
(a) reasonably considers, subject to the applicant giving the board 23
further evidence of the applicant's relevant qualifications, the 24
applicant is eligible for the registration without conditions (other 25
than probationary conditions); or 26
(b) reasonably considers-- 27
(i) the applicant would be eligible for the registration without 28
conditions (other than probationary conditions), other than 29
for the fact that the relevant qualifications relied on by the 30
applicant have not been conferred on, or awarded to, the 31
applicant; and 32
(ii) the applicant is entitled to have the relevant qualifications 33
conferred on, or awarded to, him or her. 34
s 67 48 s 68
Psychologists Registration Bill 2001
(5) The authorised person or board may decide to register the applicant 1
as a provisional general registrant on the probationary conditions 2
mentioned in section 57(2)(a). 3
(6) If the authorised person or board decides to register the applicant as a 4
provisional general registrant, the authorised person or board must as soon 5
as practicable issue a certificate of provisional general registration to the 6
applicant. 7
(7) The provisional general registration of a person must not be on 8
conditions, other than probationary conditions mentioned in 9
section 57(2)(a). 10
67 Confirmation or cancellation of provisional general registration 11
(1) If an authorised person decides to register an applicant for general 12
registration as a provisional general registrant, the authorised person must 13
as soon as practicable report to the board about the basis for the authorised 14
person's decision. 15
(2) The board must consider the report and decide whether to confirm or 16
cancel the provisional general registration. 17
(3) In making its decision, the board must consider whether the 18
authorised person should have decided to register the applicant as a 19
provisional general registrant. 20
(4) If the board decides to cancel the provisional general registration, it 21
must as soon as practicable give the applicant notice of its decision. 22
68 Procedure after cancellation of provisional general registration 23
(1) This section applies if the board decides, under section 67, to cancel 24
a person's provisional general registration. 25
(2) The notice of cancellation must include the reason for the decision. 26
(3) The decision takes effect on the day the notice is given to the person. 27
(4) The person must return the certificate of provisional general 28
registration to the board within 14 days after receiving the notice, unless 29
the person has a reasonable excuse. 30
Maximum penalty--10 penalty units. 31
s 69 49 s 71
Psychologists Registration Bill 2001
(5) Even though the board decides to cancel a person's provisional 1
general registration, it must still consider the person's application for 2
general registration. 3
69 Form of certificate of provisional general registration 4
(1) A certificate of provisional general registration must be in the 5
approved form. 6
(2) The approved form must provide for the inclusion of the following-- 7
(a) the registrant's name; 8
(b) the period of the registration; 9
(c) the condition that the registrant may practise the profession only 10
in accordance with the probationary conditions mentioned in 11
section 57(2)(a). 12
70 Period 13
The provisional general registration of a person remains in force for the 14
period, not more than 6 months, decided by the authorised person or board 15
when deciding to register the person as a provisional general registrant. 16
71 Board decides to register provisional general registrant as a 17
general registrant 18
(1) This section applies if-- 19
(a) a person is a provisional general registrant; and 20
(b) the board decides to register the person as a general registrant. 21
(2) The provisional general registration is cancelled when the person 22
receives a certificate of general registration under section 52(1).14 23
(3) The general registration-- 24
(a) is taken to have started from the day the person was registered as 25
a provisional general registrant; and 26
(b) is subject to the probationary conditions to which the provisional 27
general registration was subject. 28
14 Section 52 (Steps to be taken after application decided)
s 72 50 s 73
Psychologists Registration Bill 2001
(4) The probationary conditions are taken to have been imposed under 1
section 57(2)(a). 2
72 Board decides to refuse to register provisional general registrant 3
as a general registrant 4
(1) This section applies if-- 5
(a) a person is a provisional general registrant; and 6
(b) the board decides to refuse to register the person as a general 7
registrant. 8
(2) The provisional general registration is cancelled when an 9
information notice about the decision is given to the person under 10
section 52(2). 11
(3) The person must return the certificate of provisional general 12
registration to the board within 14 days after receiving the information 13
notice, unless the person has a reasonable excuse. 14
Maximum penalty for subsection (3)--10 penalty units. 15
73 Deemed refusal by board to register provisional general registrant 16
as a general registrant 17
(1) This section applies if-- 18
(a) a person is a provisional general registrant; and 19
(b) other than for section 53(4) or 54(5), the board would have been
15
20
taken to have decided to refuse to register the person as a general 21
registrant. 22
(2) The board is taken to have decided to refuse to register the person as 23
a general registrant on the expiry of the provisional general registration. 24
15 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 74 51 s 76
Psychologists Registration Bill 2001
Division 4--Renewal of general registrations 1
Subdivision 1--Preliminary 2
74 Meaning of "recency of practice requirements" 3
(1) "Recency of practice requirements" are requirements, prescribed 4
under a regulation, that if satisfied demonstrate that an applicant for 5
renewal of a general registration has maintained an adequate connection 6
with the profession. 7
(2) The requirements may include requirements about the following-- 8
(a) the nature, extent and period of practice of the profession by the 9
applicant; 10
(b) the nature and extent of any continuing professional education 11
undertaken by the applicant; 12
(c) the nature and extent of any research, study or teaching, relating 13
to the profession, undertaken by the applicant; 14
(d) the nature and extent of any administrative work, relating to the 15
profession, performed by the applicant. 16
Subdivision 2--Applications for renewal of general registrations 17
75 Notification of imminent expiry of registration 18
The board must give a general registrant notice of the imminent expiry 19
of the registration at least 60 days before the expiry. 20
76 Procedural requirements for applications 21
(1) A general registrant may apply to the board for the renewal of the 22
registration. 23
(2) The application must be made within the period-- 24
(a) starting-- 25
(i) 60 days before the expiry of the registration; or 26
s 77 52 s 77
Psychologists Registration Bill 2001
(ii) on an earlier day, if any, stated in the notice given to the 1
registrant under section 75; and 2
(b) ending immediately before the expiry. 3
(3) The application must-- 4
(a) be in the approved form; and 5
(b) be accompanied by-- 6
(i) the registration fee; and 7
(ii) any documents, identified in the approved form, the board 8
reasonably requires to decide the application. 9
(4) Information in the application must, if the approved form requires, be 10
verified by a statutory declaration. 11
(5) The approved form must require the applicant to state the 12
following-- 13
(a) whether the applicant suffers from any ongoing medical 14
condition, of which the applicant is aware, that the applicant 15
knows or ought reasonably to know adversely affects the 16
applicant's ability to competently and safely practise the 17
profession;16 18
(b) if there are recency of practice requirements relevant to the 19
applicant, details of the extent to which the applicant has satisfied 20
the requirements. 21
77 General registration taken to be in force while application is 22
considered 23
(1) If an application is made under section 76, the applicant's general 24
registration is taken to continue in force from the day it would, apart from 25
this section, have expired until-- 26
(a) if the board decides to renew the applicant's general 27
registration--the day a new certificate of general registration is 28
issued to the applicant under section 81(1); or 29
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 53 s 78
Psychologists Registration Bill 2001
(b) if the board decides to refuse to renew the applicant's general 1
registration--the day an information notice about the decision is 2
given to the applicant under section 81(2); or 3
(c) if the application is taken to have been withdrawn under 4
section 78(4)--the day it is taken to have been withdrawn. 5
(2) Subsection (1) does not apply if the registration is earlier cancelled 6
under this Act or suspended or cancelled under the Health Practitioners 7
(Professional Standards) Act 1999. 8
Subdivision 3--Decision on applications 9
78 Inquiries into applications 10
(1) Before deciding the application, the board-- 11
(a) may investigate the applicant; and 12
(b) may, by notice given to the applicant, require the applicant to 13
give the board, within a reasonable time of at least 30 days stated 14
in the notice, further information or a document the board 15
reasonably requires to decide the application; and 16
(c) may, if the board is not satisfied the applicant has satisfied 17
recency of practice requirements, by notice given to the 18
applicant, require the applicant to undergo a written, oral or 19
practical examination within a reasonable time of at least 30 days 20
stated in the notice, and at a reasonable place. 21
(2) The board may require the information or document mentioned in 22
subsection (1)(b) to be verified by a statutory declaration. 23
(3) The purpose of an examination under subsection (1)(c) must be to 24
assess any effect the applicant's non-satisfaction of the requirements has 25
on the applicant's ability to competently and safely practise the profession. 26
(4) The applicant is taken to have withdrawn the application if, within 27
the stated time, the applicant-- 28
(a) does not comply with a requirement under subsection (1)(b); or 29
(b) does not undergo an examination under subsection (1)(c). 30
s 79 54 s 80
Psychologists Registration Bill 2001
79 Decision 1
(1) The board must consider the application and decide to renew, or 2
refuse to renew, the applicant's general registration. 3
(2) In making its decision, the board must have regard only to the extent, 4
if any, to which the applicant has satisfied recency of practice 5
requirements.17 6
(3) If there are no recency of practice requirements relevant to the 7
applicant, the board must decide to renew the applicant's general 8
registration. 9
80 Recency of practice requirements are not satisfied 10
(1) This section applies if the board is not satisfied the applicant has 11
satisfied recency of practice requirements. 12
(2) The board may decide to renew the applicant's general registration 13
on conditions ("recency of practice conditions") the board considers will 14
sufficiently address the extent to which the applicant has not satisfied the 15
requirements. 16
(3) Before deciding to renew the registration on recency of practice 17
conditions, the board must-- 18
(a) give notice to the applicant-- 19
(i) of the details of the proposed conditions; and 20
(ii) of the reason for the proposed imposition of the conditions; 21
and 22
(iii) that the applicant may make a written submission to the 23
board about the proposed conditions within a reasonable 24
time of at least 14 days stated in the notice; and 25
(b) have regard to any written submission made to the board by the 26
applicant before the stated day. 27
(4) If the board decides to renew the registration on recency of practice 28
conditions, it must as soon as practicable-- 29
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.
s 81 55 s 82
Psychologists Registration Bill 2001
(a) also decide the review period applying to the conditions;18 and 1
(b) give the applicant an information notice about the decisions. 2
(5) The imposition of the conditions takes effect on the later of the 3
following-- 4
(a) when the information notice is given to the applicant; 5
(b) immediately after the day the registration would have expired, 6
other than for its renewal. 7
81 Steps to be taken after application decided 8
(1) If the board decides to renew the applicant's general registration, it 9
must as soon as practicable issue a new certificate of general registration to 10
the applicant. 11
(2) If the board decides to refuse to renew the applicant's general 12
registration, it must as soon as practicable give the applicant an information 13
notice about the decision. 14
(3) Without affecting section 80(2), if the board decides to renew the 15
applicant's general registration, the renewed general registration is subject 16
to the conditions, including, for example, probationary conditions, 17
attaching to the registration immediately before the decision takes effect.19 18
Division 5--Restoration of general registrations 19
82 Application of div 4, sdivs 1 and 3 20
For restoring a general registration, division 4, subdivisions 1 and 3, 21
other than sections 80(5) and 81(3),20 apply as if-- 22
(a) an application for renewal of a general registration were an 23
application for restoration of a general registration; and 24
18 The conditions may be reviewed under division 8 (Reviewing conditions of general
registrations).
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 56 s 84
Psychologists Registration Bill 2001
(b) an applicant for renewal of a general registration were an 1
applicant for restoration of a general registration; and 2
(c) a renewal of a general registration were a restoration of a general 3
registration. 4
83 When an application for restoration of a general registration may 5
be made 6
If a person's general registration has expired, the person may apply to 7
the board for restoration of the registration within 3 months after the 8
expiry. 9
84 Procedural requirements for applications 10
(1) The application must-- 11
(a) be in the approved form; and 12
(b) be accompanied by-- 13
(i) the restoration fee prescribed under a regulation (the 14
"restoration fee"); and 15
(ii) any documents, identified in the approved form, the board 16
reasonably requires to decide the application. 17
(2) Information in the application must, if the approved form requires, be 18
verified by a statutory declaration. 19
(3) The approved form must require the applicant to state the 20
following-- 21
(a) whether the applicant suffers from any ongoing medical 22
condition, of which the applicant is aware, that the applicant 23
knows or ought reasonably to know adversely affects the 24
applicant's ability to competently and safely practise the 25
profession;21 26
(b) if there are recency of practice requirements relevant to the 27
applicant, details of the extent to which the applicant has satisfied 28
the requirements. 29
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 57 s 88
Psychologists Registration Bill 2001
85 Period of restored registration 1
If the board decides to restore the applicant's general registration during 2
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
86 Conditions of expired registration 7
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
87 When recency of practice conditions take effect 12
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
88 Grounds for cancellation 18
A person's general registration may be cancelled, under this division, on 19
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
period stated in section 57(2)(a)(ii); 29
s 89 58 s 91
Psychologists Registration Bill 2001
(d) for a registration on probationary conditions mentioned in 1
section 57(2)(b)--that the registrant has failed to complete, to the 2
board's satisfaction, the supervised practice program within the 3
period decided by the board under section 57(2)(b)(ii); 4
(e) for a registration on probationary conditions extended under 5
section 98(1)(b)(ii)--that the registrant has failed to complete, to 6
the board's satisfaction, the supervised practice program within 7
the extended period. 8
89 Show cause notice 9
(1) If the board believes the ground exists to cancel a general 10
registration, the board must before taking action to cancel the registration 11
give the registrant a notice (a "show cause notice"). 12
(2) The show cause notice must-- 13
(a) state the board proposes to cancel the registration; and 14
(b) state the ground for the proposed cancellation; and 15
(c) outline the facts and circumstances forming the basis for the 16
ground; and 17
(d) invite the registrant to show within a stated period (the "show 18
cause period") why the registration should not be cancelled. 19
(3) The show cause period must be a period ending not less than 21 days 20
after the show cause notice is given to the registrant. 21
90 Representations about show cause notices 22
(1) The registrant may make written representations about the show 23
cause notice to the board in the show cause period. 24
(2) The board must consider all written representations (the "accepted 25
representations") made under subsection (1). 26
91 Ending show cause process without further action 27
(1) This section applies if, after considering the accepted representations 28
for the show cause notice, the board no longer believes the ground exists to 29
cancel the registration. 30
s 92 59 s 94
Psychologists Registration Bill 2001
(2) The board must not take any further action about the show cause 1
notice. 2
(3) The board must also as soon as practicable after coming to the belief 3
give notice to the registrant that no further action is to be taken about the 4
show cause notice. 5
92 Cancellation 6
(1) This section applies if, after considering the accepted representations 7
for the show cause notice, the board-- 8
(a) still believes the ground exists to cancel the registration; and 9
(b) believes cancellation of the registration is warranted. 10
(2) This section also applies if there are no accepted representations for 11
the show cause notice. 12
(3) The board may decide to cancel the registration. 13
(4) If the board decides to cancel the registration, it must as soon as 14
practicable give the registrant an information notice about the decision. 15
(5) The decision takes effect on the day the information notice is given 16
to the registrant. 17
93 Return of cancelled certificate of general registration to board 18
(1) This section applies if the board decides to cancel a general 19
registration and gives an information notice for the decision to the 20
registrant. 21
(2) The registrant must return the certificate of general registration to the 22
board within 14 days after receiving the information notice, unless the 23
registrant has a reasonable excuse. 24
Maximum penalty for subsection (2)--10 penalty units. 25
Division 7--Reviewing probationary conditions on general registrations 26
94 Review of probationary conditions 27
Probationary conditions may be reviewed under this division. 28
s 95 60 s 97
Psychologists Registration Bill 2001
95 Registrant to give notice about completion of program to board 1
(1) A probationary registrant must, within 7 days after completing the 2
supervised practice program, or the partial program, give notice of the 3
completion to the board. 4
(2) The notice must-- 5
(a) be in the approved form; and 6
(b) be accompanied by the fee prescribed under a regulation. 7
96 Board to give notice to supervisor 8
(1) As soon as practicable after receiving the probationary registrant's 9
notice under section 95, the board must give a notice to the registrant's 10
supervisor. 11
(2) The notice must require the supervisor to give, within a reasonable 12
time of at least 30 days stated in the notice, a supervised practice report for 13
the probationary registrant to the board. 14
(3) The supervisor must comply with the board's notice, unless the 15
supervisor has a reasonable excuse. 16
Maximum penalty for subsection (3)--10 penalty units. 17
97 Board's powers before making decision 18
(1) Before making its decision under section 98, the board-- 19
(a) may investigate the probationary registrant; and 20
(b) may, by notice given to the registrant, require the registrant to 21
give the board, within a reasonable time of at least 30 days stated 22
in the notice, further information or a document the board 23
reasonably requires to make the decision; and 24
(c) may, by notice given to the registrant, require the registrant to 25
undergo a written, oral or practical examination within a 26
reasonable time of at least 30 days stated in the notice, and at a 27
reasonable place; and 28
(d) may, by notice given to the registrant's supervisor or another 29
relevant person, require the supervisor or relevant person to give 30
the board, within a reasonable time of at least 30 days stated in 31
s 98 61 s 98
Psychologists Registration Bill 2001
the notice, further information or a document the board 1
reasonably requires to make the decision. 2
(2) The board may require the information or document mentioned in 3
subsection (1)(b) or (d) to be verified by a statutory declaration. 4
(3) The purpose of an examination under subsection (1)(c) must be to 5
assess the probationary registrant's ability to competently and safely 6
practise the profession. 7
(4) In this section-- 8
"relevant person" means-- 9
(a) a person who was previously the registrant's supervisor; or 10
(b) another person who supervised the registrant in undertaking the 11
supervised practice program, or the partial program. 12
98 Decision 13
(1) After reviewing the supervised practice report and any other relevant 14
information or document about the probationary registrant, the board must 15
decide-- 16
(a) if the board is satisfied the probationary registrant has 17
satisfactorily completed the program, or the partial program--to 18
remove the probationary conditions; or 19
(b) otherwise-- 20
(i) to cancel the registrant's registration under division 6; or 21
(ii) to extend the probationary conditions, for a period of not 22
more than 1 year, by requiring the registrant to undertake a 23
part of the program decided by the board if the board 24
reasonably considers the registrant will satisfactorily 25
complete the program during the period. 26
(2) Subsection (1)(b)(ii) applies despite section 57(2)(a)(ii) or (b)(ii). 27
(3) If the board decides to extend the probationary conditions, it may 28
also impose additional conditions about the requirements for supervision 29
on the probationary registrant's registration, including, for example, 30
requiring the registrant to undertake the partial program under the 31
supervision of a stated supervisor. 32
(4) If the board does not receive the supervised practice report within the 33
time stated in section 96(2), the board must make a decision mentioned in 34
s 99 62 s 99
Psychologists Registration Bill 2001
subsection (1) on the basis of other relevant information or documents 1
about the probationary registrant. 2
(5) If the board decides-- 3
(a) to extend the probationary conditions, it must, as soon as 4
practicable after making the decision, give the probationary 5
registrant an information notice about the decision; or 6
(b) to extend the probationary conditions and impose additional 7
conditions about the requirements for supervision, it must as 8
soon as practicable give the registrant an information notice 9
about the decision; or 10
(c) to remove the probationary conditions, it must give the registrant 11
notice of the decision. 12
(6) In this section-- 13
"relevant information or document", about a probationary registrant, 14
includes-- 15
(a) a report about the registrant given to the board or another person 16
under section 64; and 17
(b) information or a document about the registrant obtained by the 18
board under section 97; and 19
(c) information or a document about the registrant obtained by the 20
board under a regulation under section 61(3). 21
99 When decision takes effect 22
(1) If the board decides to extend the probationary conditions, or to 23
extend the probationary conditions and impose additional conditions, the 24
decision takes effect when an information notice about the decision is 25
given to the probationary registrant under section 98(5)(a) or (b). 26
(2) If the board decides to remove the conditions, the removal takes 27
effect when notice of the decision is given to the probationary registrant 28
under section 98(5)(c) and does not depend on the certificate of general 29
registration being amended to record the removal or a replacement 30
certificate of general registration being issued. 31
s 100 63 s 101
Psychologists Registration Bill 2001
100 Failure by board to make decision on application 1
(1) This section applies if the board fails to make a decision under 2
section 98-- 3
(a) within 60 days after receiving the supervised practice report; or 4
(b) if the board does not receive the report, within 60 days of the 5
latest day on which the board should have received the report. 6
(2) Subject to subsections (2) and (4), the failure is taken to be a decision 7
by the board to remove the probationary conditions. 8
(3) Subsection (4) applies if the board has-- 9
(a) under section 97(1)(b), required the probationary registrant to 10
give the board further information or a document; or 11
(b) under section 97(1)(c), required the registrant to undergo an 12
examination; or 13
(c) under section 97(1)(d), required the registrant's supervisor or 14
another relevant person to give the board information or a 15
document. 16
(4) The board is taken to have decided to remove the probationary 17
conditions if the board fails to decide the application by the later 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
(5) The conditions are taken to have been removed on the later of the 24
days mentioned in subsection (1) or (4) and the removal does not depend 25
on the certificate of general registration being amended to record the 26
removal or a replacement certificate of general registration being issued. 27
101 When additional conditions end 28
(1) This section applies if the board decides to extend a probationary 29
registrant's probationary conditions and impose additional conditions on 30
the registration. 31
(2) The conditions remain in force until the earlier of the following 32
days-- 33
s 102 64 s 102
Psychologists Registration Bill 2001
(a) the day the probationary conditions are removed, under 1
section 98(1)(a), from the probationary registrant's registration; 2
(b) if the board's decision under section 98 states a day on which the 3
conditions are to end, the stated day. 4
102 Amendment of, or replacing, certificates of general registration 5
(1) This section applies if-- 6
(a) a probationary registrant receives an information notice, under 7
section 98(5)(a) or (b), about a decision to extend probationary 8
conditions or to extend probationary conditions and impose 9
additional conditions; 10
(b) a probationary registrant receives a notice under section 98(5)(c); 11
(c) additional conditions imposed on a probationary registrant's 12
general registration end under section 101(2); 13
(d) the board is taken, under section 100(2) or (4), to have decided to 14
remove probationary conditions from a general registrant's 15
general registration. 16
(2) The registrant must return the certificate of general registration to the 17
board-- 18
(a) if subsection (1)(a), (b) or (c) applies--within 14 days after 19
receiving the notice; or 20
(b) if subsection (d) applies--within 14 days after the day the 21
registrant actually becomes aware of the removal. 22
Maximum penalty--10 penalty units. 23
(3) On receiving the certificate, the board must-- 24
(a) amend the certificate in an appropriate way and return the 25
amended certificate to the registrant; or 26
(b) if the board does not consider it practicable to amend the 27
certificate, issue another certificate of general registration to the 28
registrant to replace the certificate returned to the board. 29
s 103 65 s 105
Psychologists Registration Bill 2001
Division 8--Reviewing conditions of general registrations 1
Subdivision 1--Review of conditions imposed by the board or District 2
Court 3
103 Review of conditions 4
Conditions, other than probationary conditions and conditions imposed 5
under section 98(3), imposed on a general registration under this Act may 6
be reviewed under this division. 7
104 How registrant may start a review 8
(1) The registrant to whom the conditions relate may apply to the board 9
for a review of the conditions. 10
(2) However, the application must not be made-- 11
(a) during the review period applying to the conditions; or 12
(b) while an appeal to the District Court about the decision to impose 13
the conditions is pending. 14
(3) The application must-- 15
(a) be in the approved form; and 16
(b) be accompanied by the fee prescribed under a regulation. 17
(4) The approved form must require the registrant to state-- 18
(a) that the registrant believes the conditions are no longer 19
appropriate; and 20
(b) the reason for the registrant's belief. 21
(5) The board must consider the application and make a decision under 22
section 109. 23
105 Review of conditions during review period 24
(1) This section applies if, during the review period applying to the 25
conditions, the board reasonably believes the conditions may no longer be 26
appropriate. 27
s 106 66 s 106
Psychologists Registration Bill 2001
(2) The board may, with the written agreement of the registrant to whom 1
the conditions relate, review the conditions. 2
106 Board's powers before making decision 3
(1) Before making its decision under section 109, the board-- 4
(a) may investigate the registrant; and 5
(b) may, by notice given to the registrant, require the registrant to 6
give the board, within a reasonable time of at least 30 days stated 7
in the notice, further information or a document the board 8
reasonably requires to make the decision; and 9
(c) may, by notice given to the registrant, require the registrant to 10
undergo a written, oral or practical examination within a 11
reasonable time of at least 30 days stated in the notice, and at a 12
reasonable place; and 13
(d) may, by notice given to the registrant, require the registrant to 14
undergo a health assessment within a reasonable time of at least 15
30 days stated in the notice, and at a reasonable place. 16
(2) The board may require the information or document mentioned in 17
subsection (1)(b) to be verified by a statutory declaration. 18
(3) Subject to section 109(2), the purpose of an examination under 19
subsection (1)(c) must be to assess the registrant's ability to competently 20
and safely practise the profession. 21
(4) Subject to section 109(2), the purpose of an assessment under 22
subsection (1)(d) must be to assess the registrant's mental and physical 23
capacity to competently and safely practise the profession. 24
(5) Also, a notice under subsection (1)(d) must state-- 25
(a) the reason for the assessment; and 26
(b) the name and qualifications of the person appointed by the board 27
to conduct the assessment; and 28
(c) the place where, and the day and time at which, the assessment is 29
to be conducted. 30
s 107 67 s 108
Psychologists Registration Bill 2001
107 Application of ss 4750 1
(1) This section applies if the board believes it is necessary for the 2
registrant to undergo a health assessment under section 106(1)(d). 3
(2) Sections 47 to 5022 apply as if-- 4
(a) an applicant for general registration were the registrant; and 5
(b) the reference in section 47(1) to section 46(1)(d) were a 6
reference to section 106(1)(d). 7
108 Deemed withdrawal of application etc. 8
(1) Subsections (2) and (3) apply if the conditions are being reviewed 9
because of an application made by the registrant under section 104. 10
(2) The registrant is taken to have withdrawn the application if, within 11
the stated time, the registrant-- 12
(a) does not comply with a requirement under section 106(1)(b); or 13
(b) does not undergo an examination under section 106(1)(c); or 14
(c) does not undergo an assessment under section 106(1)(d). 15
(3) A notice under section 106(1)(b), (c) or (d) must be given to the 16
registrant within 60 days after the board receives the application. 17
(4) Subsections (5) and (6) apply if the conditions are being reviewed 18
under section 105. 19
(5) The board is taken to have decided to confirm the conditions if, 20
within the stated time, the registrant-- 21
(a) does not comply with a requirement under section 106(1)(b); or 22
(b) does not undergo an examination under section 106(1)(c); or 23
(c) does not undergo an assessment under section 106(1)(d). 24
(6) A notice under section 106(1)(b), (c) or (d) must be given to the 25
registrant within 60 days after the board agrees with the registrant to 26
review the conditions. 27
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 68 s 110
Psychologists Registration Bill 2001
109 Decision 1
(1) After reviewing the conditions, the board must decide-- 2
(a) to confirm the conditions; or 3
(b) to remove the conditions; or 4
(c) to change the conditions. 5
(2) In making its decision, the board must consider whether the 6
conditions remain necessary or desirable for the registrant to competently 7
and safely practise the profession. 8
(3) If the board decides to confirm or change the conditions, the 9
conditions may only be confirmed or changed for the reasons the 10
conditions were initially imposed. 11
(4) If the board decides to confirm or change the conditions, it must as 12
soon as practicable-- 13
(a) also decide the review period applying to the confirmed or 14
changed conditions; and 15
(b) give the registrant an information notice about the decisions. 16
(5) If the board decides to remove the conditions, it must as soon as 17
practicable give the registrant notice of the decision. 18
110 When decision takes effect 19
(1) If the board decides to confirm the conditions, the decision takes 20
effect when it is made. 21
(2) If the board decides to change the conditions, the change takes effect 22
when an information notice about the decision is given to the registrant 23
under section 109(4)(b) and does not depend on the certificate of general 24
registration being amended to record the change or a replacement 25
certificate of general registration being issued. 26
(3) If the board decides to remove the conditions, the removal takes 27
effect when notice of the decision is given to the registrant under 28
section 109(5) and does not depend on the certificate of general registration 29
being amended to record the removal or a replacement certificate of 30
general registration being issued. 31
s 111 69 s 112
Psychologists Registration Bill 2001
111 Failure by board to make decision on application 1
(1) Subject to subsections (2) and (3), if the board fails to decide an 2
application under section 10423 within 60 days after its receipt, the failure is 3
taken to be a decision by the board to remove the conditions. 4
(2) Subsection (3) applies if the board has-- 5
(a) under section 106(1)(b),24 required the applicant to give the board 6
further information or a document; or 7
(b) under section 106(1)(c), required the applicant to undergo an 8
examination; or 9
(c) under section 106(1)(d), required the applicant to undergo a 10
health assessment. 11
(3) The board is taken to have decided to remove the conditions if the 12
board fails to decide the application by the latest of the following days-- 13
(a) the day that is 60 days after the board receives the further 14
information or document; 15
(b) the day that is 60 days after the board receives the results of the 16
examination; 17
(c) the day that is 60 days after the board receives the assessment 18
report. 19
(4) The removal of the conditions under subsection (1) or (3) does not 20
depend on the certificate of general registration being amended to record 21
the removal or a replacement certificate of general registration being 22
issued. 23
112 Failure by board to make decision on review agreed to under s 105 24
(1) Subject to subsections (2) and (3), if the board fails to make a 25
decision on a review agreed to under section 10525 within 60 days after the 26
agreement, the failure is taken to be a decision by the board to remove the 27
conditions. 28
(2) Subsection (3) applies if the board has-- 29
23 Section 104 (How registrant may start a review)
24 Section 106 (Board's powers before making decision)
25 Section 105 (Review of conditions during review period)
s 113 70 s 114
Psychologists Registration Bill 2001
(a) under section 106(1)(b), required the registrant to give the board 1
further information or a document; or 2
(b) under section 106(1)(c), required the registrant to undergo an 3
examination; or 4
(c) under section 106(1)(d), required the registrant to undergo a 5
health assessment. 6
(3) The board is taken to have decided to remove the conditions if the 7
board fails to make a decision on the review by the latest of the following 8
days-- 9
(a) the day that is 60 days after the board receives the further 10
information or document; 11
(b) the day that is 60 days after the board receives the results of the 12
examination; 13
(c) the day that is 60 days after the board receives the assessment 14
report. 15
(4) The removal of the conditions under subsection (1) or (3) does not 16
depend on the certificate of general registration being amended to record 17
the removal or a replacement certificate of general registration being 18
issued. 19
113 Further decision required if certain conditions changed 20
(1) This section applies if the conditions were imposed because of the 21
registrant's mental and physical health. 22
(2) If the board decides to change the conditions, it must also decide 23
whether details of the changed conditions must be recorded in the register 24
for the period for which the conditions are in force. 25
(3) The board must decide not to record details of the changed 26
conditions in the register unless it reasonably believes it is in the interests 27
of users of the registrant's services or the public to know the details. 28
Subdivision 2--Recording change, or removal, of conditions 29
114 Amendment of, or replacing, certificates of general registration 30
(1) This section applies if-- 31
s 115 71 s 115
Psychologists Registration Bill 2001
(a) a general registrant receives an information notice, under 1
section 109(4)(b), about decisions relating to a change of the 2
conditions of the registration; or 3
(b) a general registrant receives a notice, under section 109(5), about 4
a decision to remove the conditions of the registration; or 5
(c) the board is taken, under section 111 or 112, to have decided to 6
remove the conditions of a general registration. 7
(2) The registrant must return the certificate of general registration to the 8
board-- 9
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 10
the notice, unless the registrant has a reasonable excuse; or 11
(b) if subsection (1)(c) applies--within 14 days after the day the 12
registrant actually becomes aware of the removal. 13
Maximum penalty--10 penalty units. 14
(3) On receiving the certificate, the board must-- 15
(a) amend the certificate in an appropriate way and return the 16
amended certificate to the registrant; or 17
(b) if the board does not consider it practicable to amend the 18
certificate, issue another certificate of general registration to the 19
registrant to replace the certificate returned to the board. 20
Division 9--Special purpose registrations 21
Subdivision 1--Applications for special purpose registration 22
115 Undertaking of special activities relating to the profession 23
A person may obtain special purpose registration to undertake 1 or more 24
of the following activities (the "special activities") relating to the 25
profession-- 26
(a) study or train at postgraduate level; 27
(b) teach; 28
(c) engage in research; 29
(d) give clinical demonstrations. 30
s 116 72 s 117
Psychologists Registration Bill 2001
116 Application of divs 2 and 3 1
(1) For a person being registered as a special purpose registrant, 2
division 2 (other than subdivisions 2, 6, 7 and 8) and division 3 (other than 3
sections 66 and 69(2)(c))26 apply as if-- 4
(a) an application for general registration were an application for 5
special purpose registration; and 6
(b) an applicant for general registration were an applicant for special 7
purpose registration; and 8
(c) a general registration were a special purpose registration; and 9
(d) a general registrant were a special purpose registrant; and 10
(e) a certificate of general registration were a certificate of special 11
purpose registration; and 12
(f) a provisional general registrant were a provisional special 13
purpose registrant; and 14
(g) a provisional general registration were a provisional special 15
purpose registration; and 16
(h) a certificate of provisional general registration were a certificate 17
of provisional special purpose registration. 18
(2) The approved form for a certificate of special purpose registration, or 19
provisional special purpose registration, must also provide for the inclusion 20
of details of the special activity for which the registrant is registered. 21
117 Eligibility 22
An applicant for special purpose registration is eligible for special 23
purpose registration if the applicant-- 24
(a) has a qualification required for special purpose registration; and 25
(b) is a suitable person to be a special purpose registrant. 26
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 118 73 s 119
Psychologists Registration Bill 2001
118 Qualifications for special purpose registration 1
(1) An applicant for special purpose registration has a qualification 2
required for special purpose registration if the applicant is the holder of a 3
qualification in the profession recognised by the board. 4
(2) In deciding whether to recognise the qualification, the board may 5
have regard to the following-- 6
(a) whether the course leading to the qualification has been 7
accredited by an entity responsible for accrediting courses for the 8
profession; 9
(b) whether the educational institution conferring or awarding the 10
qualification has been accredited by an entity responsible for 11
accrediting institutions to educate persons for the profession; 12
(c) the advice and recommendations of an entity recognised by the 13
board as competent to assess qualifications in the profession. 14
119 Suitability to be a special purpose registrant 15
In deciding whether an applicant for special purpose registration is a 16
suitable person to be a special purpose registrant, the board may have 17
regard to the following-- 18
(a) whether the applicant has been convicted of an indictable 19
offence; 20
(b) whether the applicant has been convicted of an offence against 21
the repealed Act, this Act, the Health Practitioners (Professional 22
Standards) Act 1999 or a corresponding law; 23
(c) if the applicant has been registered under this Act or the repealed 24
Act or is, or has been, registered under a corresponding law and 25
the registration was affected-- 26
(i) by the imposition of a condition--the nature of the 27
condition and the reason for its imposition; or 28
(ii) by its suspension or cancellation--the reason for its 29
suspension or cancellation; or 30
(iii) in another way--the way it was affected and the reason for 31
it being affected; 32
(d) any other issue relevant to the applicant's ability to undertake the 33
special activity the subject of the application. 34
s 120 74 s 123
Psychologists Registration Bill 2001
120 Period of special purpose registration 1
If the board decides to register the applicant as a special purpose 2
registrant, the registration remains in force for the period, not more than 3
1 year, decided by the board when deciding to register the applicant as a 4
special purpose registrant. 5
121 Imposition of conditions by board 6
(1) The board may decide to register the applicant as a special purpose 7
registrant on conditions, other than probationary conditions, the board 8
considers necessary or desirable for the applicant to competently and safely 9
undertake the special activity the subject of the application. 10
(2) If the board decides to register the applicant as a special purpose 11
registrant on conditions, it must as soon as practicable give the applicant an 12
information notice about the decision. 13
122 Contravention of conditions 14
A special purpose registrant must not contravene a condition of the 15
registration imposed under this Act. 16
Maximum penalty--100 penalty units. 17
123 Provisional special purpose registration of a person 18
(1) Subsection (2) applies if an authorised person reasonably 19
considers-- 20
(a) an applicant for special purpose registration is eligible for the 21
registration without conditions; and 22
(b) because of the period before the board is likely to consider the 23
application in the ordinary course of its business, it is not 24
reasonable for the applicant to have to wait for the board to 25
consider the application. 26
(2) The authorised person may decide to register the applicant as a 27
provisional special purpose registrant. 28
(3) Subsection (4) applies if an authorised person or the board-- 29
(a) reasonably considers, subject to an applicant for special purpose 30
registration giving the board further evidence of the applicant's 31
s 124 75 s 124
Psychologists Registration Bill 2001
relevant qualification, the applicant is eligible for the registration 1
without conditions; or 2
(b) reasonably considers-- 3
(i) an applicant for special purpose registration would be 4
eligible for special purpose registration without conditions, 5
other than for the fact that the relevant qualification relied 6
on by the applicant have not been conferred on, or awarded 7
to, the applicant; and 8
(ii) the applicant is entitled to have the relevant qualification 9
conferred on, or awarded to, him or her. 10
(4) The authorised person or board may decide to register the applicant 11
as a provisional special purpose registrant. 12
(5) If the authorised person or board registers the applicant as a 13
provisional special purpose registrant, the authorised person or board must 14
as soon as practicable issue a certificate of provisional special purpose 15
registration to the applicant. 16
(6) The provisional special purpose registration of a person must not be 17
on conditions. 18
(7) In this section-- 19
"authorised person" has the meaning given by section 65, as applied by 20
section 116(1). 21
Subdivision 2--Renewal of special purpose registrations 22
124 Application of div 4, sdivs 2 and 3 23
For renewing a special purpose registration, division 4, subdivisions 2 24
and 3, other than sections 76(5)(a) and 81(3)27 and the provisions to the 25
extent to which they relate to recency of practice requirements, apply as 26
if-- 27
(a) an application for the renewal of a general registration were an 28
application for the renewal of a special purpose registration; and 29
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 76 s 127
Psychologists Registration Bill 2001
(b) an applicant for the renewal of a general registration were an 1
applicant for the renewal of a special purpose registration; and 2
(c) an applicant's general registration were an applicant's special 3
purpose registration; and 4
(d) a general registrant were a special purpose registrant; and 5
(e) a certificate of general registration were a certificate of special 6
purpose registration. 7
125 Matters that may be considered in deciding whether to renew 8
special purpose registrations 9
In deciding whether to renew a special purpose registration, the board 10
may have regard to the matters to which the board may have regard in 11
deciding whether a proposed special purpose registrant is a suitable person 12
to be a special purpose registrant.28 13
126 Imposition of conditions by board 14
(1) The board may decide to renew a special purpose registration on 15
conditions, other than probationary conditions, the board considers 16
necessary or desirable for the registrant to competently and safely 17
undertake the special activity the subject of the registration. 18
(2) If the board decides to renew a special purpose registration on 19
conditions, it must as soon as practicable give the registrant an information 20
notice about the decision. 21
(3) To remove doubt, it is declared that any conditions attaching to the 22
registration immediately before its renewal do not continue to apply to the 23
registration on its renewal. 24
127 Period of renewed special purpose registration 25
If the board decides to renew a special purpose registration, the 26
registration remains in force for the period, not more than 1 year, decided 27
by the board when deciding to renew the registration. 28
28 See section 100 (Suitability to be a special purpose registrant) for a list of the
matters.
s 128 77 s 130
Psychologists Registration Bill 2001
Subdivision 3--Cancellation of special purpose registrations 1
128 Application of div 6 2
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
129 Grounds for cancellation 8
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
Subdivision 4--Removal of conditions 20
130 Removal 21
(1) This section applies if the board reasonably believes the conditions 22
imposed on a special purpose registration under this Act are no longer 23
necessary or desirable for the registrant to competently and safely 24
undertake the special activity the subject of the registration. 25
(2) The board must decide to remove the conditions. 26
29 Division 6 (Cancellation of general registrations), section 88 (Ground for
cancellation)
s 131 78 s 132
Psychologists Registration Bill 2001
(3) The board must give the registrant notice of the decision as soon as 1
practicable after it is made. 2
(4) The registrant must return the certificate of special purpose 3
registration to the board within 14 days after receiving the notice, unless 4
the registrant has a reasonable excuse. 5
Maximum penalty--10 penalty units. 6
(5) On receiving the certificate, the board must-- 7
(a) amend the certificate in an appropriate way and return the 8
amended certificate to the registrant; or 9
(b) if the board does not consider it practicable to amend the 10
certificate--issue another certificate of special purpose 11
registration to the registrant to replace the certificate returned to 12
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 16
certificate of special purpose registration being issued. 17
Division 10--General provisions about registrations 18
131 Person is taken to be registered under this part 19
(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
132 Surrender of registrations 24
(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
(b) if a later day of effect is stated in the notice, on the later day. 29
s 133 79 s 135
Psychologists Registration Bill 2001
(3) The registrant must return the certificate of registration to the board 1
within 14 days after the day the surrender takes effect, unless the registrant 2
has a reasonable excuse. 3
Maximum penalty for subsection (3)--10 penalty units. 4
133 Replacement of certificates of registration 5
(1) A registrant may apply to the board for the replacement of the 6
certificate of registration if it has been lost, stolen, destroyed or damaged. 7
(2) The board must consider the application and decide to grant, or 8
refuse to grant, the application. 9
(3) The board must decide to grant the application if it is satisfied the 10
certificate has been lost, stolen or destroyed, or damaged in a way to 11
require its replacement. 12
(4) If the board decides to grant the application, it must on payment of 13
the fee prescribed under a regulation-- 14
(a) replace the lost, stolen, destroyed or damaged certificate with 15
another certificate of registration; and 16
(b) give the replacement certificate of registration to the applicant. 17
(5) If the board decides to refuse to grant the application, it must as soon 18
as practicable give the applicant an information notice about the decision. 19
134 Certified copy of certificates of registration 20
A registrant may, on payment of the fee prescribed under a regulation, 21
obtain from the board a certified copy of the certificate of registration. 22
135 Notification of change in circumstances 23
A registrant must, within 21 days after the happening of a change in the 24
registrant's circumstances prescribed under a regulation, advise the board 25
of the change. 26
Maximum penalty--10 penalty units. 27
s 136 80 s 136
Psychologists Registration Bill 2001
136 Notification of certain events to interstate regulatory authorities 1
and other entities 2
(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 28
entity 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 31
the objects of this Act. 32
s 137 81 s 137
Psychologists Registration Bill 2001
(5) A notice under this section may include the information the board 1
considers appropriate in the circumstances. 2
(6) In this section-- 3
"impose", a condition, does not include confirm the condition. 4
"State regulatory authorities" means boards established under the health 5
practitioner registration Acts. 6
PART 4--OBLIGATIONS OF REGISTRANTS AND 7
OTHER PERSONS 8
Division 1--Restricted titles and holding out 9
137 Taking of restricted titles etc. 10
(1) A person who is not a registrant must not take or use a restricted title. 11
Maximum penalty--1 000 penalty units. 12
13
Example of an individual taking or using a restricted title--
14
AB describes himself or herself as `AB, psychologist'.
15
Examples of a corporation taking or using a restricted title--
16
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, psychologists'.
17
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 18
(a) the title is taken or used as part of a business name for a business 19
providing professional services; and 20
(b) in the carrying on of the business by the person, a registrant 21
provides professional services. 22
(3) Also, subsection (1) does not apply if-- 23
(a) the person is undertaking study or training in the practice of the 24
profession to obtain a qualification for registration; and 25
(b) the person takes or uses the title, in the course of the study or 26
training, in conjunction with words that indicate the person is a 27
student or trainee in the profession. 28
s 138 82 s 138
Psychologists Registration Bill 2001
(4) A person (the "first person") must not, in relation to another person 1
who the first person knows or ought reasonably to know is not a registrant, 2
use a restricted title. 3
Maximum penalty--1 000 penalty units. 4
(5) Subsection (4) does not apply if-- 5
(a) the other person is undertaking study or training in the practice of 6
the profession to obtain a qualification for registration; and 7
(b) the first person uses the title in relation to the other person, in the 8
course of the study or training, in conjunction with words that 9
indicate the other person is a student or trainee in the profession. 10
(6) A person who is not a registrant must not take or use a title (other 11
than a restricted title), name, initial, symbol, word or description that, 12
having regard to the circumstances in which it is taken or used, indicates or 13
could be reasonably understood to indicate-- 14
(a) the person is a psychologist; or 15
(b) the person is authorised or qualified to practise the profession. 16
Maximum penalty--500 penalty units. 17
(7) A person (the "first person") must not, in relation to another person 18
who the first person knows or ought reasonably to know is not a registrant, 19
use a title (other than a restricted title), name, initial, symbol, word or 20
description that, having regard to the circumstances in which it is used, 21
indicates or could be reasonably understood to indicate-- 22
(a) the other person is a psychologist; or 23
(b) the other person is authorised or qualified to practise the 24
profession. 25
Maximum penalty for subsection (7)--500 penalty units. 26
138 Claims by persons as to registration 27
A person who is not a registrant must not-- 28
(a) claim, or hold himself or herself out, to be registered under this 29
Act; or 30
(b) allow himself or herself to be held out as being registered under 31
this Act; or 32
s 139 83 s 140
Psychologists Registration Bill 2001
(c) claim, or hold himself or herself out, to be eligible to be 1
registered under this Act. 2
Maximum penalty--1 000 penalty units. 3
139 Claims by persons as to other persons' registration 4
A person must not hold out another person as being registered under this 5
Act if the person knows, or ought reasonably to know, the other person is 6
not registered under this Act. 7
Maximum penalty--1 000 penalty units. 8
9
Example--
10
A person carrying on a business providing professional services must not hold out that
11
an employee of the person is registered under this Act if the person knows the
12
employee is not registered under this Act.
140 Restrictions on special purpose registrants, provisional general 13
registrants and provisional special purpose registrants 14
(1) A person who is a special purpose registrant or provisional special 15
purpose registrant must not-- 16
(a) claim, or hold himself or herself out, to be a general registrant or 17
provisional general registrant; or 18
(b) allow himself or herself to be held out as being a general 19
registrant or provisional general registrant; or 20
(c) claim, or hold himself or herself out, to be eligible to be a general 21
registrant or provisional general registrant. 22
Maximum penalty--100 penalty units. 23
(2) A person who is a provisional general registrant must not-- 24
(a) claim, or hold himself or herself out, to be a general registrant; or 25
(b) allow himself or herself to be held out as being a general 26
registrant; or 27
(c) claim, or hold himself or herself out, to be eligible to be a general 28
registrant. 29
Maximum penalty--100 penalty units. 30
(3) A person who is a provisional special purpose registrant must not-- 31
s 141 84 s 142
Psychologists Registration Bill 2001
(a) claim, or hold himself or herself out, to be a special purpose 1
registrant; or 2
(b) allow himself or herself to be held out as being a special purpose 3
registrant; or 4
(c) claim, or hold himself or herself out, to be eligible to be a special 5
purpose registrant. 6
Maximum penalty--100 penalty units. 7
141 Restrictions on registrants registered on conditions 8
A registrant who is registered on conditions, including, for example, 9
probationary conditions, must not-- 10
(a) claim, or hold himself or herself out, to be registered without the 11
conditions or any conditions; or 12
(b) allow himself or herself to be held out as being registered without 13
the conditions or any conditions. 14
Maximum penalty--100 penalty units. 15
Division 2--Notification of business names and other details 16
142 Notification of business names etc. 17
(1) A registrant must, before carrying on a business providing 18
professional services under a business name other than the registrant's own 19
name, give the board notice of the business name. 20
Maximum penalty--10 penalty units. 21
(2) Subsection (1) applies whether or not the business name is registered 22
under the Business Names Act 1962. 23
(3) An individual who is not a registrant must, before carrying on a 24
business providing professional services, give the board notice of-- 25
(a) the business name of the business (whether or not the name is 26
registered under the Business Names Act 1962); and 27
(b) the name and address of the individual. 28
Maximum penalty--10 penalty units. 29
s 143 85 s 144
Psychologists Registration Bill 2001
(4) A corporation must, before carrying on a business providing 1
professional services, give the board notice of-- 2
(a) the business name of the business (whether or not the name is 3
registered under the Business Names Act 1962); and 4
(b) the name and principal address of the corporation; and 5
(c) the names and addresses of-- 6
(i) if the corporation is a corporation under the Corporations 7
Law--the directors of the corporation; or 8
(ii) if the corporation is not a corporation under the 9
Corporations Law--the members of the governing body of 10
the corporation. 11
Maximum penalty for subsection (4)--50 penalty units. 12
143 Notification of change in business names etc. 13
(1) This section applies if-- 14
(a) a person has given the board a notice under section 142; and 15
(b) there is a change in the information contained in the notice. 16
(2) The person must, within 14 days after the happening of the change, 17
give the board notice of the change. 18
Maximum penalty--10 penalty units. 19
(3) The person does not commit an offence against section 142 during 20
the period of 14 days after the happening of the change if the person 21
complies with subsection (2). 22
Division 3--Advertising 23
144 Obligations of advertisers 24
(1) A person must not advertise a professional service, or a business 25
providing professional services, in a way that-- 26
(a) is false, misleading or deceptive or is likely to be misleading or 27
deceptive; or 28
s 145 86 s 145
Psychologists Registration Bill 2001
1
Example for paragraph (a)--
2
An advertisement that contains a false claim about the beneficial outcome
3
of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 4
use the service or the business, unless the advertisement also 5
states the terms of the offer; or 6
(c) refers to, uses or cites actual or purported endorsements or 7
testimonials about the service or business, or a registrant; or 8
(d) is disparaging of-- 9
(i) a professional service provided by another person; or 10
(ii) a business providing professional services; or 11
(iii) a registrant. 12
Maximum penalty--200 penalty units. 13
(2) A person must not advertise a professional service that the person 14
knows or ought reasonably to know will, or is likely to, harm a person to 15
whom it is provided. 16
Maximum penalty--200 penalty units. 17
(3) A person must not advertise a registrant's expertise in a field of 18
practice of the profession unless the registrant has the skills, knowledge, 19
training or qualifications necessary to practise in the field. 20
Maximum penalty--200 penalty units. 21
(4) A printer or publisher does not commit an offence against 22
subsection (1), (2) or (3) merely by, as part of his or her business, printing 23
or publishing an advertisement for another person. 24
145 Information to appear in advertisements 25
(1) A person must not advertise a professional service, or a business 26
providing professional services, unless-- 27
(a) if a registrant provides the service, or carries on the business, 28
under a business name that is the registrant's own name--the 29
registrant's name is stated in the advertisement; or 30
(b) otherwise--the business name notified to the board under 31
section 142(1), (3) or (4) is stated in the advertisement. 32
Maximum penalty--50 penalty units. 33
s 146 87 s 147
Psychologists Registration Bill 2001
(2) A printer or publisher does not commit an offence against 1
subsection (1) merely by, as part of his or her business, printing or 2
publishing an advertisement for another person. 3
Division 4--Registrants' autonomy 4
146 Aiding, abetting etc. conduct that is a ground for disciplinary 5
action 6
(1) A person must not aid, abet, counsel, procure or induce a registrant to 7
engage in conduct that the person is aware, or ought reasonably be aware, 8
is conduct forming the basis for a ground for disciplinary action against a 9
registrant mentioned in the Health Practitioners (Professional Standards) 10
Act 1999, section 124(1).30 11
Maximum penalty--1 000 penalty units. 12
(2) To remove doubt, it is declared that a registrant may be induced by 13
threats or promises. 14
Division 5--Court orders and injunctions 15
147 Persons may be prohibited from supplying health services etc. 16
(1) This section applies if a person is convicted of an offence against 17
section 137, 138, 139, 144(1)(a), (2) or (3), 146(1) or 150.31 18
(2) The court sentencing the person for the offence may, on its own 19
initiative or the application of the prosecutor, make an order under 20
subsection (3) or (5). 21
(3) The court may make an order, applying for a period decided by the 22
court-- 23
30 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
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 88 s 148
Psychologists Registration Bill 2001
(a) prohibiting the person from providing, or carrying on or 1
managing a business providing, a health service; or 2
(b) prohibiting the person from having a financial interest in a 3
business providing a health service; or 4
(c) if the person is a corporation, prohibiting an executive officer of 5
the corporation, who was in a position to influence the conduct of 6
the corporation in relation to the offence, from managing a 7
corporation that carries on a business providing a health service. 8
(4) For subsection (3)(c), a person manages a corporation if the person is 9
a director, or is in any way concerned in or takes part in the management 10
of, the corporation. 11
(5) Also, the court may make an order, applying for a period decided by 12
the court-- 13
(a) prohibiting the person from entering into commercial 14
arrangements with a person who provides, carries on or manages 15
a business providing, a health service; or 16
(b) if the person is a corporation, prohibiting an executive officer of 17
the corporation, who was in a position to influence the conduct of 18
the corporation in relation to the offence, from entering into 19
commercial arrangements with a person who provides, carries on 20
or manages a business providing, a health service. 21
(6) An order under subsection (3) or (5) may apply generally or be 22
limited in its application by reference to specified conditions, exceptions or 23
factors. 24
(7) A reference in subsection (5) to a person entering into commercial 25
arrangements includes the entering into commercial arrangements on 26
behalf of another person. 27
(8) A person must not contravene an order under subsection (3) or (5). 28
Maximum penalty for subsection (8)--1 000 penalty units. 29
148 Injunctions 30
(1) This section applies if-- 31
(a) a person (the "offending party")-- 32
(i) has engaged, is engaging or is proposing to engage in 33
conduct; or 34
s 148 89 s 148
Psychologists Registration Bill 2001
(ii) has failed, is failing or is proposing to fail to do anything; 1
and 2
(b) the conduct or failure constituted, constitutes or would constitute 3
a contravention of section 137, 138, 139, 144(1)(a), (2) or (3) 4
or 146(1). 5
(2) Application may be made to the court under this section for an 6
injunction in relation to the conduct or failure. 7
(3) The application may be made by the board or a person authorised in 8
writing by the board. 9
(4) The court may grant an interim injunction under this section until the 10
application is finally decided. 11
(5) On considering the application for the injunction, the court may-- 12
(a) in a case to which subsection (1)(a)(i) applies--grant an 13
injunction restraining the offending party from engaging in the 14
conduct concerned and, if in the court's opinion it is desirable to 15
do so, requiring the offending party to do anything; or 16
(b) in a case to which subsection (1)(a)(ii) applies--grant an 17
injunction requiring the offending party to do the thing 18
concerned. 19
(6) The court may grant the injunction-- 20
(a) if the court is satisfied that the offending party has engaged in the 21
conduct, or failed to do the thing, mentioned in subsection (1), 22
whether or not it appears to the court that the offending party 23
intends-- 24
(i) to engage again, or continue to engage, in the conduct; or 25
(ii) to again fail, or continue to fail, to do the thing; or 26
(b) if it appears to the court that, if the injunction is not granted, it is 27
likely that the offending party will engage in the conduct, or fail 28
to do the thing, mentioned in subsection (1), whether or not the 29
offending party has previously engaged in the conduct or failed 30
to do the thing. 31
(7) The court may grant the injunction on the terms the court considers 32
appropriate. 33
(8) Also, the court may grant an injunction requiring the offending party 34
to take stated action (including action to disclose information or publish 35
s 149 90 s 149
Psychologists Registration Bill 2001
advertisements) to remedy any adverse effects of the offending party's 1
conduct or failure. 2
(9) The court may discharge an injunction granted under this section at 3
any time. 4
(10) The powers conferred on the court by this section are in addition to, 5
and do not limit, any other powers of the court. 6
(11) In this section-- 7
"court" means-- 8
(a) if proceedings for an offence relating to the conduct or failure are 9
pending in a Magistrates Court--the Magistrates Court; or 10
(b) in any case--the District Court. 11
Division 6--Reprisals 12
149 Reprisal and grounds for reprisals 13
(1) A person must not cause, or attempt or conspire to cause, detriment 14
to another person because, or in the belief that-- 15
(a) anybody has given, or may give, information or assistance to the 16
board or an inspector about a person's alleged contravention of 17
division 1 or section 144(1)(a), (2) or (3) or 146(1);32 or 18
(b) anybody has given, or may give, evidence to the court in 19
proceedings for an offence against division 1 or 20
section 144(1)(a), (2) or (3) or 146(1). 21
(2) An attempt to cause detriment includes an attempt to induce a person 22
to cause detriment. 23
(3) A contravention of subsection (1) is a reprisal or the taking of a 24
reprisal. 25
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 26
the unlawful ground for the reprisal. 27
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 150 91 s 152
Psychologists Registration Bill 2001
(5) For the contravention mentioned in subsection (3) to happen, it is 1
sufficient if the unlawful ground is a substantial ground for the act or 2
omission that is the reprisal, even if there is another ground for the act or 3
omission. 4
150 Offence for taking reprisal 5
A person who takes a reprisal commits an offence. 6
Maximum penalty--167 penalty units or 2 years imprisonment. 7
151 Damages entitlement for reprisal 8
(1) A reprisal is a tort and a person who takes a reprisal is liable in 9
damages to any person who suffers detriment as a result. 10
(2) Any appropriate remedy that may be granted by a court for a tort may 11
be granted by a court for the taking of a reprisal. 12
(3) If the claim for damages goes to trial in the Supreme Court or the 13
District Court, it must be decided by a judge sitting without a jury. 14
Division 7--Other provisions 15
152 Payment, or acceptance of payment, for referrals prohibited 16
(1) This section applies to a registrant, or a person carrying on a business 17
providing professional services, (the "service provider"). 18
(2) The service provider must not, directly or indirectly, pay an amount 19
or give another benefit, or attempt to pay an amount or give another 20
benefit, to a person in return for the person referring another person to the 21
service provider or service provider's business. 22
Maximum penalty--200 penalty units. 23
(3) The service provider must not, directly or indirectly, accept payment 24
or another benefit for referring a user of the professional services provided 25
by the service provider, or service provider's business, to a person 26
providing, or carrying on a business providing, a health service. 27
Maximum penalty for subsection (3)--200 penalty units. 28
s 153 92 s 157
Psychologists Registration Bill 2001
PART 5--INVESTIGATION AND ENFORCEMENT 1
Division 1--Inspectors 2
153 Functions of inspectors 3
An inspector has the function of conducting investigations and 4
inspections to enforce compliance with this Act. 5
154 Powers of inspectors 6
For this Act, an inspector has the powers given to the person under this 7
Act. 8
155 Limitation on powers of inspectors 9
The powers of an inspector may be limited under a condition of 10
appointment. 11
Division 2--Appointment of inspectors and other matters 12
156 Appointments 13
The board may appoint the following persons as an inspector-- 14
(a) a member; 15
(b) the executive officer; 16
(c) if the executive officer has agreed to the appointment, a member 17
of the office's staff the board considers has the necessary 18
expertise or experience to be an inspector; 19
(d) another person the board considers has the necessary expertise or 20
experience to be an inspector. 21
157 Appointment conditions 22
(1) An inspector holds office on the conditions stated in the instrument 23
of appointment. 24
s 158 93 s 160
Psychologists Registration Bill 2001
(2) An inspector ceases holding office-- 1
(a) if the appointment provides for a term of appointment--at the 2
end of the term; or 3
(b) if the conditions of appointment provide--on ceasing to hold 4
another office (the "main office") stated in the appointment 5
conditions. 6
(3) An inspector may resign by signed notice of resignation given to the 7
board. 8
(4) However, an inspector may not resign from the office of inspector 9
(the "secondary office") if a condition of the inspector's employment to 10
the main office requires the inspector to hold the secondary office. 11
158 Identity cards 12
(1) The board must give an identity card to each inspector. 13
(2) The identity card must-- 14
(a) contain a recent photograph of the inspector; and 15
(b) be signed by the inspector; and 16
(c) identify the person as an inspector for this Act; and 17
(d) include an expiry date for the card. 18
(3) This section does not prevent the issue of a single identity card to a 19
person for this Act and other Acts. 20
159 Failure to return identity card 21
A person who ceases to be an inspector must return the person's identity 22
card to the chairperson within 7 days after the person ceases to be an 23
inspector, unless the person has a reasonable excuse. 24
Maximum penalty--10 penalty units. 25
160 Production or display of inspector's identity card 26
(1) An inspector may exercise a power in relation to someone else (the 27
"other person") only if the inspector-- 28
(a) first produces the inspector's identity card for the other person's 29
inspection; or 30
s 161 94 s 162
Psychologists Registration Bill 2001
(b) has the identity card displayed so it is clearly visible to the other 1
person. 2
(2) However, if for any reason it is not practicable to comply with 3
subsection (1) before exercising the power, the inspector must produce the 4
identity card for the other person's inspection at the first reasonable 5
opportunity. 6
Division 3--Powers of inspectors 7
Subdivision 1--Entry of places 8
161 Power to enter places 9
(1) An inspector may enter a place if-- 10
(a) its occupier consents to the entry; or 11
(b) it is a public place and the entry is made when the place is open 12
to the public; or 13
(c) the entry is authorised by a warrant. 14
(2) For the purpose of asking the occupier of a place for consent to enter, 15
an inspector may, without the occupier's consent or a warrant-- 16
(a) enter land around premises at the place to an extent that is 17
reasonable to contact the occupier; or 18
(b) enter part of the place the inspector reasonably considers 19
members of the public ordinarily are allowed to enter when they 20
wish to contact the occupier. 21
Subdivision 2--Procedure for entry 22
162 Entry with consent 23
(1) This section applies if an inspector intends to ask an occupier of a 24
place to consent to the inspector or another inspector entering the place 25
under section 161(1)(a). 26
(2) Before asking for the consent, the inspector must tell the occupier-- 27
(a) the purpose of the entry; and 28
s 163 95 s 163
Psychologists Registration Bill 2001
(b) that the occupier is not required to consent. 1
(3) If the consent is given, the inspector may ask the occupier to sign an 2
acknowledgment of the consent. 3
(4) The acknowledgment must state-- 4
(a) the occupier has been told-- 5
(i) the purpose of the entry; and 6
(ii) that the occupier is not required to consent; and 7
(b) the purpose of the entry; and 8
(c) the occupier gives the inspector consent to enter the place and 9
exercise powers under this part; and 10
(d) the time and date the consent was given. 11
(5) If the occupier signs the acknowledgment, the inspector must 12
immediately give a copy to the occupier. 13
(6) A court must find the occupier of a place did not consent to an 14
inspector entering the place under this part if-- 15
(a) an issue arises in a proceeding before the court whether the 16
occupier of the place consented to the entry under 17
section 161(1)(a); and 18
(b) an acknowledgment mentioned in subsection (4) is not produced 19
in evidence for the entry; and 20
(c) it is not proved by the person relying on the lawfulness of the 21
entry that the occupier consented to the entry. 22
163 Application for warrant 23
(1) An inspector may apply to a magistrate for a warrant for a place. 24
(2) The application must be sworn and state the grounds on which the 25
warrant is sought. 26
(3) The magistrate may refuse to consider the application until the 27
inspector gives the magistrate all the information the magistrate requires 28
about the application in the way the magistrate requires. 29
30
Example--
31
The magistrate may require additional information supporting the application to be
32
given by statutory declaration.
s 164 96 s 165
Psychologists Registration Bill 2001
164 Issue of warrant 1
(1) The magistrate may issue a warrant only if the magistrate is satisfied 2
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
165 Special warrants 18
(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 25
an application stating the grounds on which the warrant is sought. 26
(3) The inspector may apply for the special warrant before the 27
application 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
practicable to fax the copy. 31
(5) If it is not reasonably practicable to fax a copy to the inspector-- 32
s 166 97 s 166
Psychologists Registration Bill 2001
(a) the magistrate must tell the inspector-- 1
(i) what the terms of the special warrant are; and 2
(ii) the date and time the special warrant was issued; and 3
(b) the inspector must complete a form of warrant (a "warrant 4
form") and write on it-- 5
(i) the magistrate's name; and 6
(ii) the date and time the magistrate issued the special warrant; 7
and 8
(iii) the terms of the special warrant. 9
(6) The facsimile warrant, or the warrant form properly completed by 10
the inspector, authorises the entry and the exercise of the other powers 11
stated in the special warrant issued. 12
(7) The inspector must, at the first reasonable opportunity, send to the 13
magistrate-- 14
(a) the sworn application; and 15
(b) if the inspector completed a warrant form, the completed warrant 16
form. 17
(8) On receiving the documents, the magistrate must attach them to the 18
special warrant. 19
(9) A court must find the exercise of the power by an inspector was not 20
authorised by a special warrant if-- 21
(a) an issue arises in a proceeding before the court whether the 22
exercise of the power was authorised by a special warrant 23
mentioned in subsection (1); and 24
(b) the special warrant is not produced in evidence; and 25
(c) it is not proved by the person relying on the lawfulness of the 26
entry that the inspector obtained the special warrant. 27
166 Warrants--procedure before entry 28
(1) This section applies if an inspector named in a warrant issued under 29
this part for a place is intending to enter the place under the warrant. 30
(2) Before entering the place, the inspector must do or make a 31
reasonable attempt to do the following things-- 32
s 167 98 s 167
Psychologists Registration Bill 2001
(a) identify himself or herself to a person present at the place who is 1
an occupier of the place by producing a copy of the inspector's 2
identity card or other document evidencing the inspector's 3
appointment; 4
(b) give the person a copy of the warrant or, if the entry is authorised 5
by a facsimile warrant or warrant form mentioned in 6
section 165(6), a copy of the facsimile warrant or warrant form; 7
(c) tell the person the inspector is permitted by the warrant to enter 8
the place; 9
(d) give the person an opportunity to allow the inspector immediate 10
entry to the place without using force. 11
(3) However, the inspector need not comply with subsection (2) if the 12
inspector believes on reasonable grounds that immediate entry to the place 13
is required to ensure the effective execution of the warrant is not frustrated. 14
Subdivision 3--Powers after entry 15
167 General powers after entering places 16
(1) This section applies to an inspector who enters a place. 17
(2) However, if an inspector enters a place to get the occupier's consent 18
to enter premises, this section applies to the inspector only if the consent is 19
given or the entry is otherwise authorised. 20
(3) For enforcing compliance with this Act, the inspector may-- 21
(a) search any part of the place; or 22
(b) inspect, measure, test, photograph or film any part of the place or 23
anything at the place; or 24
(c) take a thing, or a sample of or from a thing, for analysis or 25
testing; or 26
(d) take an extract from, or copy, a document at the place; or 27
(e) take into or onto the place any person, equipment and materials 28
the inspector reasonably requires for exercising a power under 29
this part; or 30
s 168 99 s 170
Psychologists Registration Bill 2001
(f) require the occupier of the place, or a person at the place, to give 1
the inspector reasonable help to exercise the inspector's powers 2
under paragraphs (a) to (e); or 3
(g) require the occupier of the place, or a person at the place, to give 4
the inspector information to help the inspector ascertain whether 5
this Act is being complied with. 6
(4) When making a requirement mentioned in subsection (3)(f) or (g), 7
the inspector must warn the person it is an offence to fail to comply with 8
the requirement, unless the person has a reasonable excuse. 9
168 Failure to help inspector 10
(1) A person required to give reasonable help under section 167(3)(f) 11
must comply with the requirement, unless the person has a reasonable 12
excuse. 13
Maximum penalty--50 penalty units. 14
(2) If an individual is required under section 167(3)(f) to give 15
information, or produce a document, it is a reasonable excuse for the 16
individual not to comply with the requirement that complying with the 17
requirement might tend to incriminate the individual. 18
169 Failure to give information 19
(1) A person of whom a requirement is made under section 167(3)(g) 20
must comply with the requirement, unless the person has a reasonable 21
excuse. 22
Maximum penalty--50 penalty units. 23
(2) It is a reasonable excuse for an individual not to comply with the 24
requirement that complying with the requirement might tend to incriminate 25
the individual. 26
Subdivision 4--Power to seize evidence 27
170 Seizing evidence at a place that may be entered without consent or 28
warrant 29
An inspector who enters a place that may be entered under this division 30
without the consent of the occupier and without a warrant, may seize a 31
s 171 100 s 172
Psychologists Registration Bill 2001
thing at the place if the inspector reasonably believes the thing is evidence 1
of an offence against this Act. 2
171 Seizing evidence at a place that may only be entered with consent 3
or warrant 4
(1) This section applies if-- 5
(a) an inspector is authorised to enter a place under this division only 6
with the consent of the occupier of the place or a warrant; and 7
(b) the inspector enters the place after obtaining the necessary 8
consent or warrant. 9
(2) If the inspector enters the place with the occupier's consent, the 10
inspector may seize a thing at the place if-- 11
(a) the inspector reasonably believes the thing is evidence of an 12
offence against this Act; and 13
(b) seizure of the thing is consistent with the purpose of entry as told 14
to the occupier when asking for the occupier's consent. 15
(3) If the inspector enters the place with a warrant, the inspector may 16
seize the evidence for which the warrant was issued. 17
(4) The inspector also may seize anything else at the place if the 18
inspector reasonably believes-- 19
(a) the thing is evidence of an offence against this Act; and 20
(b) the seizure is necessary to prevent the thing being-- 21
(i) hidden, lost or destroyed; or 22
(ii) used to continue, or repeat, the offence. 23
(5) Also, the inspector may seize a thing at the place if the inspector 24
reasonably believes it has just been used in committing an offence against 25
this Act. 26
172 Securing seized things 27
Having seized a thing, an inspector may-- 28
(a) move the thing from the place where it was seized (the "place of 29
seizure"); or 30
s 173 101 s 174
Psychologists Registration Bill 2001
(b) leave the thing at the place of seizure but take reasonable action 1
to restrict access to it. 2
3
Examples of restricting access to a thing--
4
1. Sealing a thing and marking it to show access to it is restricted.
5
2. Sealing the entrance to a room where the seized thing is situated and
6
marking the entrance to show access to the room is restricted.
173 Tampering with seized things 7
If an inspector restricts access to a seized thing, a person must not 8
tamper, or attempt to tamper, with the thing, or something restricting access 9
to the thing, without an inspector's approval. 10
Maximum penalty--100 penalty units. 11
174 Powers to support seizure 12
(1) To enable a thing to be seized, an inspector may require the person in 13
control of it-- 14
(a) to take it to a stated reasonable place by a stated reasonable time; 15
and 16
(b) if necessary, to remain in control of it at the stated place for a 17
reasonable time. 18
(2) The requirement-- 19
(a) must be made by notice in the approved form; or 20
(b) if for any reason it is not practicable to give the notice, may be 21
made orally and confirmed by notice in the approved form as 22
soon as practicable. 23
(3) A further requirement may be made under this section about the 24
same thing if it is necessary and reasonable to make the further 25
requirement. 26
(4) A person of whom a requirement is made under subsection (1) or (3) 27
must comply with the requirement, unless the person has a reasonable 28
excuse. 29
Maximum penalty for subsection (4)--50 penalty units. 30
s 175 102 s 176
Psychologists Registration Bill 2001
175 Receipts for seized things 1
(1) As soon as practicable after an inspector seizes a thing, the inspector 2
must give a receipt for it to the person from whom it was seized. 3
(2) However, if for any reason it is not practicable to comply with 4
subsection (1), the inspector must leave the receipt at the place of seizure in 5
a conspicuous position and in a reasonably secure way. 6
(3) The receipt must describe generally each thing seized and its 7
condition. 8
(4) This section does not apply to a thing if it is impracticable or would 9
be unreasonable to give the receipt, given the thing's nature, condition and 10
value. 11
176 Forfeiture of seized things 12
(1) A seized thing is forfeited to the State if the inspector who seized the 13
thing-- 14
(a) can not find its owner, after making reasonable inquiries; or 15
(b) can not return it to its owner, after making reasonable efforts; or 16
(c) reasonably believes it is necessary to retain the thing to prevent it 17
being used to commit an offence against this Act. 18
(2) In applying subsection (1)-- 19
(a) subsection (1)(a) does not require the inspector to make inquiries 20
if it would be unreasonable to make inquiries to find the owner; 21
and 22
(b) subsection (1)(b) does not require the inspector to make efforts if 23
it would be unreasonable to make efforts to return the thing to its 24
owner. 25
(3) If the inspector makes a decision under subsection (1)(c), resulting in 26
the seized thing being forfeited to the State, the inspector must immediately 27
give the owner an information notice for the decision. 28
(4) Subsection (3) does not apply if-- 29
(a) the inspector can not find the owner, after making reasonable 30
inquiries; or 31
(b) it is impracticable or would be unreasonable to give the 32
information notice. 33
s 177 103 s 178
Psychologists Registration Bill 2001
(5) Regard must be had to a thing's nature, condition and value-- 1
(a) in deciding-- 2
(i) whether it is reasonable to make inquiries or efforts; and 3
(ii) if making inquiries or efforts, what inquiries or efforts, 4
including the period over which they are made, are 5
reasonable; or 6
(b) in deciding whether it would be unreasonable to give the 7
information notice. 8
177 Forfeiture on conviction 9
(1) On the conviction of a person for an offence against this Act, the 10
court may order the forfeiture to the State of-- 11
(a) anything used to commit the offence; or 12
(b) anything else the subject of the offence. 13
(2) The court may make the order-- 14
(a) whether or not the thing has been seized; and 15
(b) if the thing has been seized, whether or not the thing has been 16
returned to its owner. 17
(3) The court may make any order to enforce the forfeiture it considers 18
appropriate. 19
(4) This section does not limit the court's powers under the Penalties 20
and Sentences Act 1992 or another law. 21
178 Dealing with forfeited things etc. 22
(1) On the forfeiture of a thing to the State, the thing becomes the State's 23
property and may be dealt with by the executive officer as the executive 24
officer considers appropriate. 25
(2) Without limiting subsection (1), the executive officer may destroy or 26
dispose of the thing. 27
(3) Despite subsection (1), the executive officer must not deal with the 28
thing in a way that could prejudice the outcome of-- 29
(a) an appeal started under section 193(3); or 30
s 179 104 s 181
Psychologists Registration Bill 2001
(b) another appeal, relevant to the thing, of which the executive 1
officer is aware. 2
179 Return of seized things 3
(1) If a seized thing has not been forfeited, the inspector must return it to 4
its owner-- 5
(a) at the end of 6 months; or 6
(b) if a proceeding for an offence involving the thing is started within 7
6 months, at the end of the proceeding and any appeal from the 8
proceeding. 9
(2) Despite subsection (1), unless the thing has been forfeited, the 10
inspector must immediately return a thing seized as evidence to its owner if 11
the inspector stops being satisfied its continued retention as evidence is 12
necessary. 13
180 Access to seized things 14
(1) Until a seized thing is forfeited or returned, an inspector must allow 15
its owner to inspect it and, if it is a document, to copy it. 16
(2) Subsection (1) does not apply if it is impracticable or would be 17
unreasonable to allow the inspection or copying. 18
Subdivision 5--Power to obtain information 19
181 Power to require name and address 20
(1) This section applies if-- 21
(a) an inspector finds a person committing an offence against this 22
Act; or 23
(b) an inspector finds a person in circumstances that lead, or has 24
information that leads, the inspector to reasonably suspect the 25
person has just committed an offence against this Act. 26
(2) The inspector may require the person to state the person's name and 27
residential address. 28
s 182 105 s 183
Psychologists Registration Bill 2001
(3) When making the requirement, the inspector must warn the person it 1
is an offence to fail to state the person's name or residential address, unless 2
the person has a reasonable excuse. 3
(4) The inspector may require the person to give evidence of the 4
correctness of the stated name or residential address if the inspector 5
reasonably suspects the stated name or address is false. 6
(5) A requirement under subsection (2) or (4) is called a "personal 7
details requirement". 8
182 Failure to give name or address 9
(1) A person of whom a personal details requirement is made must 10
comply with the requirement, unless the person has a reasonable excuse. 11
Maximum penalty--50 penalty units. 12
(2) A person does not commit an offence against subsection (1) if-- 13
(a) the person was required to state the person's name and residential 14
address by an inspector who suspected the person had committed 15
an offence against this Act; and 16
(b) the person is not proved to have committed the offence. 17
183 Power to require production of documents 18
(1) An inspector may require a person to make available for inspection 19
by an inspector, or produce to the inspector for inspection, at a reasonable 20
time and place nominated by the inspector a document issued to the person 21
under this Act. 22
(2) The inspector may keep the document to copy it. 23
(3) The inspector must return the document to the person as soon as 24
practicable after copying it. 25
(4) While the document is in the inspector's possession, the inspector 26
must allow it to be inspected or copied, at a reasonable time, by a person 27
who would be entitled to inspect or copy it were it not in the inspector's 28
possession. 29
(5) A requirement under subsection (1) is called a "document 30
production requirement". 31
s 184 106 s 186
Psychologists Registration Bill 2001
184 Failure to produce document 1
(1) A person of whom a document production requirement is made must 2
comply with the requirement, unless the person has a reasonable excuse. 3
Maximum penalty--50 penalty units. 4
(2) It is not a reasonable excuse for an individual not to comply with a 5
document production requirement if complying with the requirement might 6
tend to incriminate the individual. 7
185 Power to require information 8
(1) This section applies if an inspector reasonably believes-- 9
(a) an offence against this Act has been committed; and 10
(b) a person may be able to give information about the offence. 11
(2) The inspector may, by notice given to the person, require the person 12
to give information, including a document, about the offence to the 13
inspector at a stated reasonable time and place. 14
(3) The person must comply with a requirement under subsection (2), 15
unless the person has a reasonable excuse. 16
Maximum penalty--50 penalty units. 17
(4) For this section, it is a reasonable excuse for an individual to fail to 18
give information that giving the information might tend to incriminate the 19
individual. 20
Division 4--General enforcement matters 21
186 Notice of damage 22
(1) This section applies if-- 23
(a) an inspector damages property when exercising or purporting to 24
exercise a power; or 25
(b) a person (the "other person") acting under the direction of an 26
inspector damages property. 27
(2) The inspector must immediately give notice of particulars of the 28
damage to the person who appears to the inspector to be the owner of the 29
property. 30
s 187 107 s 187
Psychologists Registration Bill 2001
(3) If the inspector believes the damage was caused by a latent defect in 1
the property or circumstances beyond the inspector's or other person's 2
control, the inspector may state the belief in the notice. 3
(4) If, for any reason, it is impracticable to comply with subsection (2), 4
the inspector must leave the notice in a conspicuous position and in a 5
reasonably secure way where the damage happened. 6
(5) This section does not apply to damage the inspector reasonably 7
believes is trivial. 8
(6) In this section-- 9
"owner", of property, includes the person in possession or control of it. 10
187 Compensation 11
(1) A person may claim from the board the cost of repairing or replacing 12
property damaged because of the exercise or purported exercise of a power 13
under any of the following subdivisions of division 333-- 14
· subdivision 1 (Entry of places) 15
· subdivision 3 (Powers after entry) 16
· subdivision 4 (Power to seize evidence). 17
(2) Without limiting subsection (1), compensation may be claimed for 18
loss or expense incurred in complying with a requirement made of the 19
person under the subdivision. 20
(3) Compensation may be claimed and ordered to be paid in a 21
proceeding-- 22
(a) brought in a court with jurisdiction for the recovery of the 23
amount of compensation claimed; or 24
(b) for an offence against this Act brought against the person 25
claiming compensation. 26
(4) A court may order compensation to be paid only if it is satisfied it is 27
just to make the order in the circumstances of the particular case. 28
33 Division 3 (Powers of inspectors)
s 188 108 s 190
Psychologists Registration Bill 2001
188 False or misleading information 1
A person must not give information to an inspector the person knows is 2
false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
189 False or misleading documents 5
(1) A person must not give an inspector a document containing 6
information the person knows is false or misleading in a material 7
particular. 8
Maximum penalty--50 penalty units. 9
(2) Subsection (1) does not apply to a person if the person, when giving 10
the document-- 11
(a) tells the inspector, to the best of the person's ability, how it is 12
false or misleading; and 13
(b) if the person has, or can reasonably obtain, the correct 14
information, gives the correct information. 15
190 Obstructing inspectors 16
(1) A person must not obstruct an inspector in the exercise of a power, 17
unless the person has a reasonable excuse. 18
Maximum penalty--100 penalty units. 19
(2) If a person has obstructed an inspector and the inspector decides to 20
proceed with the exercise of the power, the inspector must warn the person 21
that-- 22
(a) it is an offence to obstruct the inspector, unless the person has a 23
reasonable excuse; and 24
(b) the inspector considers the person's conduct is an obstruction. 25
(3) In this section-- 26
"obstruct" includes hinder and attempt to obstruct or hinder. 27
s 191 109 s 193
Psychologists Registration Bill 2001
191 Impersonation of inspectors 1
A person must not pretend to be an inspector. 2
Maximum penalty--50 penalty units. 3
PART 6--APPEALS 4
192 Who may appeal 5
(1) A person (the "appellant") who is given, or is entitled to be given, 6
an information notice for a decision (the "original decision") may appeal 7
against the decision to the District Court.34 8
(2) To help users of this Act, schedule 1 identifies the decisions for 9
which an information notice must be given under this Act. 10
193 Starting appeals 11
(1) The appeal may be started at-- 12
(a) the District Court at the place where the person resides or carries 13
on business; or 14
(b) the District Court at Brisbane. 15
(2) Subsection (1) does not limit the District Court at which the appeal 16
may be started under the Uniform Civil Procedure Rules 1999. 17
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 18
must be filed with the registrar of the court within 28 days after-- 19
(a) if the appellant is given an information notice for the original 20
decision--the day the appellant is given the notice; or 21
(b) if paragraph (a) does not apply--the day the person otherwise 22
becomes aware of the original decision. 23
(4) The court may, at any time, extend the period for filing the notice of 24
appeal. 25
34 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 194 110 s 195
Psychologists Registration Bill 2001
194 Hearing procedures 1
(1) In deciding the appeal, the court-- 2
(a) has the same powers as the person who made the original 3
decision; and 4
(b) is not bound by the rules of evidence; and 5
(c) must comply with natural justice. 6
(2) The appeal is by way of rehearing, unaffected by the original 7
decision, on the material before the person who made the original decision 8
and any further evidence allowed by the court. 9
195 Powers of court on appeal 10
(1) In deciding the appeal, the court may-- 11
(a) confirm the original decision; or 12
(b) amend the original decision; or 13
(c) substitute another decision for the original decision; or 14
(d) set aside the original decision and return the issue to the board 15
with the directions the court considers appropriate. 16
(2) In substituting another decision for the original decision, the court 17
has the same powers as the person who made the original decision. 18
19
Example--
20
The court may decide that an unsuccessful applicant for general registration be
21
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 22
decision for the original decision, the amended or substituted decision is, 23
for this Act (other than this part) taken to be the decision of the person who 24
made the original decision. 25
(4) If the court decides to impose conditions on a registration, the court 26
must-- 27
(a) state the reasons for the decision; and 28
s 196 111 s 197
Psychologists Registration Bill 2001
(b) if the registration is a general registration, decide and state the 1
review period applying to the conditions.35 2
(5) If the court decides to impose conditions on a registration because of 3
the registrant's mental and physical health, it must also decide whether 4
details of the conditions must be recorded in the register for the period for 5
which the conditions are in force. 6
(6) The court must decide not to record details of the conditions 7
mentioned in subsection (5) 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
196 Appointment of assessors 11
(1) If the court is of the opinion that the appeal involves a question of 12
special knowledge and skill, the court may appoint 1 or more assessors 13
who in the court's opinion possess the special qualifications necessary for 14
the particular case to assist the court in its deciding the appeal. 15
(2) An assessor may advise the court on any matter, but all questions of 16
law and fact are to be decided by the court. 17
(3) The court may give the weight to the advice that it considers 18
appropriate. 19
PART 7--LEGAL PROCEEDINGS 20
Division 1--Evidence 21
197 Application of division 22
This division applies to a proceeding under this Act. 23
35 The conditions may be reviewed under part 3 (Registration), division 8 (Reviewing
conditions of general registrations).
s 198 112 s 200
Psychologists Registration Bill 2001
198 Appointments and authority 1
It is not necessary to prove-- 2
(a) an inspector's, or member's, appointment; or 3
(b) the executive officer's appointment; or 4
(c) the authority of an inspector, a member, the executive officer or a 5
member of the office's staff to do anything under this Act. 6
199 Signatures 7
A signature purporting to be the signature of the Minister, the 8
chairperson, a member, an inspector, the executive officer or a member of 9
the office's staff is evidence of the signature it purports to be. 10
200 Evidentiary provisions 11
A certificate purporting to be signed by the executive officer and stating 12
any of the following matters is evidence of the matter-- 13
(a) a stated document is one of the following things made, given, 14
issued or kept under this Act-- 15
(i) an appointment, approval or decision; 16
(ii) a notice, direction or requirement; 17
(iii) a certificate of registration; 18
(iv) a record, or an extract from a record; 19
(v) the register, or an extract from the register; 20
(b) a stated document is another document kept under this Act; 21
(c) a stated document is a copy of a thing mentioned in paragraph (a) 22
or (b); 23
(d) on a stated day, or during a stated period, a stated person was or 24
was not a registrant; 25
(e) on a stated day, or during a stated period, a registration-- 26
(i) was or was not in force; or 27
(ii) was or was not subject to a stated condition; 28
(f) on a stated day, a registration was cancelled; 29
s 201 113 s 202
Psychologists Registration Bill 2001
(g) on a stated day, or during a stated period, an appointment as an 1
inspector was, or was not, in force for a stated person; 2
(h) on a stated day, a stated person was given a stated notice or 3
direction under this Act; 4
(i) on a stated day, a stated requirement was made of a stated person. 5
Division 2--Proceedings 6
201 Indictable and summary offences 7
(1) An offence against section 150 is an indictable offence.
36
8
(2) Any other offence against this Act is a summary offence. 9
202 Proceedings for indictable offences 10
(1) A proceeding for an indictable offence against this Act may be taken, 11
at the election of the prosecution-- 12
(a) by way of summary proceeding under the Justices Act 1886; or 13
(b) on indictment. 14
(2) A magistrate must not hear an indictable offence summarily if-- 15
(a) the defendant asks at the start of the hearing that the charge be 16
prosecuted on indictment; or 17
(b) the magistrate considers the charge should be prosecuted on 18
indictment. 19
(3) If subsection (2) applies-- 20
(a) the magistrate must proceed by way of an examination of 21
witnesses for an indictable offence; and 22
(b) a plea of the person charged at the start of the proceeding must be 23
disregarded; and 24
(c) evidence brought in the proceeding before the magistrate decided 25
to act under subsection (2) is taken to be evidence in the 26
proceeding for the committal of the person for trial or sentence; 27
and 28
36 Section 150 (Offence for taking reprisal)
s 203 114 s 205
Psychologists Registration Bill 2001
(d) before committing the person for trial or sentence, the magistrate 1
must make a statement to the person as required by the Justices 2
Act 1886, section 104(2)(b).37 3
203 Limitation on who may summarily hear indictable offence 4
(1) The proceeding must be before a magistrate if it is a 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 11
or order within the meaning of the Justices of the Peace and 12
Commissioners for Declarations Act 1991. 13
204 Limitation on time for starting summary proceedings 14
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
205 Allegations of false or misleading information or documents 21
In any proceeding for an offence against this Act defined as involving 22
false or misleading information, or a false or misleading document, it is 23
enough for a charge to state that the information or document was, without 24
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 206 115 s 208
Psychologists Registration Bill 2001
206 Penalties to be paid to board 1
All penalties recovered as a result of proceedings for offences against 2
this Act brought by the board must be ordered to be paid to the board. 3
207 Responsibility for acts or omissions of representatives 4
(1) This section applies in a proceeding for an offence against this Act. 5
(2) If it is relevant to prove a person's state of mind about a particular act 6
or omission, it is enough to show-- 7
(a) the act was done or omitted to be done by a representative of the 8
person within the scope of the representative's actual or apparent 9
authority; and 10
(b) the representative had the state of mind. 11
(3) An act done or omitted to be done for a person by a representative of 12
the person within the scope of the representative's actual or apparent 13
authority is taken to have been done or omitted to be done also by the 14
person, unless the person proves the person could not, by the exercise of 15
reasonable diligence, have prevented the act or omission. 16
(4) In this section-- 17
"representative" means-- 18
(a) for a corporation--an executive officer, employee or agent of the 19
corporation; or 20
(b) for an individual--an employee or agent of the individual. 21
"state of mind" of a person includes-- 22
(a) the person's knowledge, intention, opinion, belief or purpose; 23
and 24
(b) the person's reasons for the intention, opinion, belief or purpose. 25
208 Executive officers must ensure corporation complies with Act 26
(1) The executive officers of a corporation must ensure the corporation 27
complies with this Act. 28
(2) If a corporation commits an offence against a provision of this Act, 29
each of the corporation's executive officers also commits an offence, 30
s 209 116 s 209
Psychologists Registration Bill 2001
namely, the offence of failing to ensure the corporation complies with the 1
provision. 2
Maximum penalty--the penalty for the contravention of the provision by 3
an individual. 4
(3) Evidence that the corporation has been convicted of an offence 5
against a provision of this Act is evidence that each of the executive 6
officers committed the offence of failing to ensure the corporation 7
complies with the provision. 8
(4) However, it is a defence for an executive officer to prove-- 9
(a) if the officer was in a position to influence the conduct of the 10
corporation in relation to the offence, the officer exercised 11
reasonable diligence to ensure the corporation complied with the 12
provision; or 13
(b) the officer was not in a position to influence the conduct of the 14
corporation in relation to the offence. 15
PART 8--REGISTER, RECORDS AND INFORMATION 16
Division 1--Register 17
209 Register to be kept 18
(1) The board must keep a register about registrants. 19
(2) The register may be kept in the way the board considers appropriate, 20
including, for example, in an electronic form. 21
(3) The register must contain the following details for each registrant-- 22
(a) the registrant's name; 23
(b) an address of the registrant notified by the registrant to the board; 24
(c) whether the registrant is a general registrant, provisional general 25
registrant, special purpose registrant or provisional special 26
purpose registrant; 27
(d) the qualification relied on by the registrant to obtain registration; 28
s 210 117 s 211
Psychologists Registration Bill 2001
(e) if the registrant is a special purpose registrant or provisional 1
special purpose registrant, details of the special activity for 2
which the registrant is registered; 3
(f) if conditions, including, for example, any probationary 4
conditions, are imposed, under this Act, on the registrant's 5
registration-- 6
(i) for conditions imposed because of the registrant's mental 7
and physical health, the details of which it has been decided 8
under this Act not to record in the register--the fact that 9
conditions have been imposed; or 10
(ii) otherwise--details of the conditions; 11
(g) any other information required to be recorded in the register 12
under the Health Practitioners (Professional Standards) Act 13
1999; 14
(h) other details prescribed under a regulation. 15
(4) For subsection (3)(f), the fact or details must be recorded in the 16
register for the period the conditions are in force. 17
210 Inspection of register 18
(1) The board must-- 19
(a) keep the register open for inspection, free of charge, at the office 20
by members of the public during ordinary office hours; and 21
(b) give a person a copy of the register, or a part of it, on payment of 22
the fee prescribed under a regulation. 23
(2) Subsection (1) does not apply to details of the residential address of a 24
registrant, unless the registrant gives notice to the board that he or she 25
agrees to the details being able to be inspected. 26
Division 2--Records to be kept 27
211 Records 28
(1) The board must keep records of the following details about each 29
registrant or former registrant-- 30
s 212 118 s 212
Psychologists Registration Bill 2001
(a) if the registration was affected under the Health Practitioners 1
(Professional Standards) Act 1999, details of the way it was 2
affected and the reason for it being affected; 3
(b) if the registration was cancelled under this Act, the fact of, and 4
the reason for, the cancellation; 5
(c) if conditions were, under this Act, imposed on the registration, 6
details of the conditions and the reasons for their imposition; 7
(d) other details prescribed under a regulation. 8
(2) The records must be kept for at least 10 years. 9
Division 3--Information 10
212 Confidentiality of information 11
(1) This section applies to a person (the "relevant person") who is or 12
was-- 13
(a) a member; or 14
(b) a member of a committee; or 15
(c) appointed by the board to conduct a health assessment of another 16
person; or 17
(d) an inspector; or 18
(e) the executive officer or a member of the office's staff; or 19
(f) otherwise involved in the administration of this Act. 20
(2) This section applies to information about a person obtained by the 21
relevant person in the course of performing the relevant person's functions 22
under this Act. 23
(3) The relevant person must not disclose the information to anyone else. 24
Maximum penalty--100 penalty units. 25
(4) However, the relevant person may disclose the information to 26
someone else-- 27
(a) to the extent necessary to perform the relevant person's functions 28
under or relating to this Act or the Health Practitioners 29
(Professional Standards) Act 1999; or 30
(b) if the disclosure is authorised under this or another Act; or 31
s 213 119 s 213
Psychologists Registration Bill 2001
(c) if the disclosure is otherwise required or permitted by law; or 1
(d) if the person to whom the information relates agrees to the 2
disclosure; or 3
(e) if the disclosure is in a form that does not disclose the identity of 4
a person; or 5
(f) if the information is, or has been, accessible to the public, 6
including, for example, because it is or was recorded in the 7
register; or 8
(g) if the disclosure is to a foreign regulatory authority and the 9
disclosure is necessary for the authority to perform its functions; 10
or 11
(h) if the disclosure is to the Minister to allow the Minister to act 12
under paragraph (i); or 13
(i) if the Minister considers the disclosure is in the public interest 14
and authorises the relevant person to disclose the information. 15
(5) If the Minister authorises information to be disclosed under 16
subsection (4)(i) about a matter concerning a registrant, the Minister must 17
inform the board of the authorisation and its purpose. 18
(6) In this section-- 19
"information", about a person, means-- 20
(a) information about the person's health that identifies, or is likely 21
to identify, the person; or 22
(b) information about the person's criminal history obtained under a 23
request under section 45(4). 24
213 Board's annual report must disclose authorisation 25
(1) This section applies if the board is given information, under 26
section 212(5), in a financial year about an authorisation. 27
(2) The board must include a statement about the authorisation in its 28
annual report under the Financial Administration and Audit Act 1977 for 29
the financial year. 30
(3) The statement must include general details about-- 31
(a) the nature of the information disclosed under the authorisation; 32
and 33
s 214 120 s 215
Psychologists Registration Bill 2001
(b) the purpose for which the information was disclosed. 1
(4) However, the statement must not identify any person. 2
PART 9--MISCELLANEOUS 3
Division 1--Abandoned, and other, health records 4
214 Definitions for div 1 5
In this division-- 6
"health records" means documents, recording the health history, 7
condition and treatment of users of the professional services provided 8
by a person, made in the course of the person's practice of the 9
profession. 10
"possess", a health record, includes having the record under control in any 11
place, whether or not another person has custody of the record. 12
215 Board may take possession of abandoned health records 13
(1) This section applies if the board suspects on reasonable grounds that 14
health records have been abandoned. 15
(2) The board may take and keep possession of the records to be dealt 16
with under this division. 17
(3) For taking possession of the records, the board may give notice to the 18
occupier of the place where the records are situated to deliver the records to 19
the board to be dealt with under this division. 20
(4) The notice must state that the requirement must be complied with 21
within a period of 14 days after the occupier receives the notice. 22
(5) The occupier must comply with the requirement within the stated 23
period, unless the occupier has a reasonable excuse. 24
Maximum penalty for subsection (5)--50 penalty units. 25
s 216 121 s 218
Psychologists Registration Bill 2001
216 Health records forming part of deceased estate 1
(1) This section applies if health records form part of a deceased estate. 2
(2) The personal representative of the deceased person concerned may 3
deliver the records into the possession of the board to be dealt with under 4
this division. 5
217 Health records of persons convicted of an offence against s 137(1) 6
or (6) or 138 7
(1) This section applies to a person who is convicted of an offence 8
against section 137(1) or (6) or 138.38 9
(2) The board may give the person notice to deliver health records in the 10
possession or control of the person into the possession of the board to be 11
dealt with under this division. 12
(3) The person must within 14 days after receiving the notice deliver the 13
records into the possession of the board. 14
Maximum penalty--50 penalty units. 15
(4) If the person does not comply with the notice, the board may take 16
and keep possession of the records. 17
218 Dealing with certain health records seized under s 170 or 171 18
(1) This section applies if, under section 170 or 171,39 an inspector seizes 19
health records that the board may take and keep possession of under 20
section 215 or 217. 21
(2) The inspector must deliver the health records into the possession of 22
the board to be dealt with under this division. 23
(3) Sections 176, 179 and 18040 do not apply to health records delivered 24
to the board under subsection (2). 25
38 Section 137 (Taking of restricted titles etc.) or 138 (Claims by persons as to
registration)
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 219 122 s 221
Psychologists Registration Bill 2001
219 How board may deal with health records 1
(1) This section applies if the board takes possession of a health record 2
under this division. 3
(2) The board may-- 4
(a) give the record to the person to whom the record relates; or 5
(b) if directed by the person, give the record to a registrant under a 6
health practitioner registration Act chosen by the person; or 7
(c) if the board can not find the person after making reasonable 8
inquiries, keep the record; or 9
(d) if the board can not find the person, after making reasonable 10
inquiries, and decides it is no longer necessary to keep the 11
record, destroy the record. 12
(3) To remove doubt, it is declared that the board is taken to be keeping a 13
health record if another body stores the record on its behalf. 14
220 Destruction of health records 15
(1) This section applies if the board destroys a health record under 16
section 219(2)(d). 17
(2) Compensation is not recoverable against the board because of the 18
destruction of the record. 19
Division 2--Continuing professional education of registrants 20
221 Continuing professional education programs 21
(1) The board may develop or recognise a program for the continuing 22
professional education of registrants. 23
(2) The board must give notice to all registrants, to whom the program is 24
relevant, of details of the program. 25
(3) The program may state the minimum continuing professional 26
education requirements a registrant needs to satisfy, in a stated period, to 27
keep up-to-date with developments in the practice of the profession. 28
(4) A registrant who has satisfied the requirements in the stated period 29
may advertise this fact. 30
s 222 123 s 223
Psychologists Registration Bill 2001
(5) A registrant who has not satisfied the requirements in the stated 1
period must not advertise that the registrant has satisfied the requirements. 2
Maximum penalty for subsection (5)--50 penalty units. 3
Division 3--Declared events 4
222 Definitions for div 3 5
In this division-- 6
"declaration period" see section 223(3). 7
"declared event" means an event declared to be a declared event under 8
section 223(1). 9
"interstate law" means a law of another State that provides for the same 10
matter as this Act. 11
"local practitioner" means a person registered under this Act. 12
"participant" means a person who is officially participating in, or 13
preparing for, a declared event. 14
"prepare" includes the following-- 15
(a) train; 16
(b) practise; 17
(c) rehearse; 18
(d) acclimatise. 19
"visiting practitioner", in relation to a declared event, means a person 20
who-- 21
(a) is not a local practitioner; and 22
(b) is registered under an interstate law; and 23
(c) is appointed, employed, contracted or otherwise engaged to 24
provide professional services to a participant in relation to the 25
event. 26
223 Declaration of events 27
(1) The Minister may, by notice, declare a sporting, cultural or other 28
event to be a declared event for this Act. 29
s 224 124 s 225
Psychologists Registration Bill 2001
(2) The notice must be for an event taking place, or to take place, in the 1
State that will or is likely to attract a significant number of participants. 2
(3) The notice must state a period during which the declaration is to 3
remain in force (the "declaration period"). 4
(4) The declaration period for the declared event may include a period 5
before or after the declared event takes place. 6
(5) The notice is subordinate legislation. 7
224 Deemed general registration of visiting practitioners 8
(1) This section applies to a visiting practitioner in relation to a declared 9
event. 10
(2) Subject to subsections (4) and (5), the practitioner is taken to be a 11
general registrant, during the declaration period for the event, in relation to 12
the provision of professional services to a participant in the event. 13
(3) The practitioner's deemed general registration under subsection (2) 14
is taken to be subject to any conditions of the practitioner's registration 15
under an interstate law. 16
(4) Part 3, divisions 4 to 8 and 1041 do not apply to the practitioner while 17
the practitioner is taken, under subsection (2), to be a general registrant. 18
(5) The practitioner is not taken to be a registrant for the operation of 19
sections 37(1)(b) and 209.42 20
Division 4--Other provisions 21
225 Protecting officials from liability 22
(1) An official is not civilly liable for an act done, or omission made, 23
honestly and without negligence under this Act. 24
(2) If subsection (1) prevents a civil liability attaching to an official, the 25
liability attaches instead to the board. 26
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 226 125 s 226
Psychologists Registration Bill 2001
(3) In this section-- 1
"official" means-- 2
(a) a member; or 3
(b) a committee member who is not a board member; or 4
(c) the executive officer; or 5
(d) a person appointed by the board to conduct a health assessment 6
of another person; or 7
(e) an inspector; or 8
(f) a person acting under the direction or authority of an inspector. 9
226 Protection for persons supervising probationary registrants 10
(1) This section applies to a person who, honestly and on reasonable 11
grounds gives information to the board, or a person prescribed under a 12
regulation under section 64, about a probationary registrant in the person's 13
capacity as-- 14
(a) the registrant's supervisor or former supervisor for the supervised 15
practice program, or the partial program; or 16
(b) a person who otherwise supervises, or previously supervised, the 17
registrant in undertaking the supervised practice program, or the 18
partial program. 19
(2) The person is not liable, civilly, criminally or under an administrative 20
process, for giving the information. 21
(3) Without limiting subsection (2)-- 22
(a) in a proceeding for defamation the person has a defence of 23
absolute privilege for publishing the information; and 24
(b) if the person would otherwise be required to maintain 25
confidentiality about the given information under an Act, oath, 26
rule of law or practice, the person-- 27
(i) does not contravene the Act, oath, rule of law or practice by 28
giving the information; and 29
(ii) is not liable to disciplinary action for giving the 30
information. 31
s 227 126 s 230
Psychologists Registration Bill 2001
227 False or misleading information or documents 1
(1) A person must not give information to the board the person knows is 2
false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
(2) A person must not give the board a document containing information 5
the person knows is false or misleading in a material particular. 6
Maximum penalty--50 penalty units. 7
(3) Subsection (2) does not apply to a person if the person, when giving 8
the document-- 9
(a) tells the board, to the best of the person's ability, how it is false or 10
misleading; and 11
(b) if the person has, or can reasonably obtain, the correct 12
information, gives the correct information. 13
228 Certificates etc. not to be false or misleading 14
A registrant must not, in the registrant's professional capacity, sign or 15
give to another person, a certificate, notice, report or other document the 16
registrant knows is false or misleading in a material particular. 17
Maximum penalty--50 penalty units. 18
229 Application of provisions 19
(1) This section applies if a provision of this Act applies another 20
provision of this Act for a purpose. 21
(2) The other provision, and any definition relevant to the other 22
provision, apply with any necessary changes. 23
(3) Subsection (2) is not limited merely because a provision states how 24
the other provision is to apply. 25
230 Board to keep list of approved qualifications 26
(1) The board must keep a list of approved qualifications available for 27
inspection at the office by members of the public during ordinary office 28
hours. 29
(2) The board must not charge a fee for inspecting the list. 30
s 231 127 s 233
Psychologists Registration Bill 2001
(3) In this section-- 1
"approved qualification" means a qualification approved by the board 2
under section 44(3). 3
231 Approval of forms 4
The board may approve forms for use under this Act. 5
232 Examination fees 6
A person who sits an examination set and administered by the board 7
under this Act must, before sitting the examination, pay the board the fee 8
for the examination prescribed under a regulation. 9
233 Regulation-making power 10
(1) The Governor in Council may make regulations under this Act. 11
(2) A regulation may be made about the following-- 12
(a) supervisors and other persons who supervise registrants 13
undertaking a supervised practice program, including-- 14
(i) the eligibility criteria for supervisors and other persons who 15
supervise probationary registrants; and 16
(ii) the grounds and processes for declaring a person ineligible 17
to be a supervisor or otherwise supervise registrants; and 18
(iii) the accreditation of supervisors; 19
(b) the grounds and processes for deciding that a professional 20
practice setting is, or is not, a suitable place for probationary 21
registrants to undertake supervised practice programs; 22
(c) the accreditation of professional practice settings for supervised 23
practice programs, including the fees for accrediting professional 24
practice settings; 25
(d) fees, including the refunding of fees, for this Act; 26
(e) imposing a penalty of not more than 20 penalty units for a 27
contravention of a provision of a regulation. 28
s 234 128 s 236
Psychologists Registration Bill 2001
(3) Without limiting subsection (2)(d), a regulation may prescribe 1
amounts as fees having regard to the costs of the board performing its 2
functions under, or complying with-- 3
(a) an Act in the legislative scheme; or 4
(b) another Act. 5
PART 10--REPEAL AND TRANSITIONAL PROVISIONS 6
Division 1--Repeal 7
234 Repeal of Psychologists Act 1977 8
The Psychologists Act 1977 (1977 Act No. 15) is repealed. 9
Division 2--Transitional provisions 10
235 Definitions for div 2 11
In this division-- 12
"column 1 registration" see section 246(1). 13
"column 2 registration" see section 246(2). 14
"commencement" means commencement of this section. 15
"former board" means the Psychologists Board of Queensland under the 16
repealed Act. 17
"item", followed by a number, in relation to a column 1 or 2 registration, 18
means the column 1 or 2 registration identified in the table in 19
section 246(1) by the item number. 20
236 References to repealed Act or former board 21
(1) In an Act or document, a reference to the repealed Act may, if the 22
context permits, be taken as a reference to this Act. 23
s 237 129 s 240
Psychologists Registration Bill 2001
(2) A reference in an Act or document to the former board may, if the 1
context permits, be taken as a reference to the board. 2
237 Board is the legal successor 3
(1) The board is the successor in law of the former board. 4
(2) Sections 238 to 242 do not limit subsection (1). 5
238 Assets and liabilities etc. 6
On the commencement-- 7
(a) the assets and liabilities of the former board become assets and 8
liabilities of the board; and 9
(b) any contracts entered into by or on behalf of the former board 10
and all guarantees, undertakings and securities given by or on 11
behalf of the former board, in force immediately before the 12
commencement, are taken to have been entered into or given by 13
or to the board and may be enforced against or by the board; and 14
(c) any property that, immediately before the commencement, was 15
held on trust, or subject to a condition, by the former board 16
continues to be held by the board on the same trusts, or subject to 17
the same condition. 18
239 Service agreements 19
A service agreement entered into by the former board, in force 20
immediately before the commencement, is taken to have been entered into 21
by the board. 22
240 Proceedings 23
A proceeding that could have been started or continued by or against the 24
former board before the commencement may be started or continued by or 25
against the board. 26
s 241 130 s 243
Psychologists Registration Bill 2001
241 Dealing with matter under Health Practitioners (Professional 1
Standards) Act 1999 2
A matter that had started to be, or could have been, dealt with under the 3
Health Practitioners (Professional Standards) Act 1999 by the former 4
board before the commencement may be continued, or started, to be dealt 5
with by the board. 6
242 Offences 7
(1) Proceedings for an offence against the repealed Act may be 8
continued, or started by the board, and the provisions of the repealed Act 9
and the Medical Act and Other Acts (Administration) Act 1966 necessary 10
or convenient to be used in relation to the proceedings continue to apply, as 11
if this Act had not commenced. 12
(2) For subsection (1), the Acts Interpretation Act 1954, section 2043 13
applies, but does not limit the subsection. 14
(3) This section has effect despite the repeal of the Medical Act and 15
Other Acts (Administration) Act 1966. 16
243 Membership of board 17
(1) From the commencement, the board consists of the existing 18
members. 19
(2) Also, the board may include other persons appointed by the 20
Governor in Council (the "additional members"). 21
(3) However, the first board must not consist of more than 11 members. 22
(4) An existing member holds office as a member until the earlier of the 23
following days-- 24
(a) the day the existing member's term of appointment under the 25
repealed Act would have ended if this Act had not commenced; 26
(b) if the existing member vacates office under this Act before the 27
day mentioned in paragraph (a), the day the existing member 28
vacates office. 29
43 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
s 244 131 s 244
Psychologists Registration Bill 2001
(5) An additional member is to be appointed for a term that ends on or 1
before the day when the existing members' terms of appointment under the 2
repealed Act would have ended if this Act had not commenced. 3
(6) If a person, including an existing member, appointed to the board 4
under this section is a registrant, the person is taken to be a registrant 5
member. 6
(7) The Governor in Council may appoint a person to fill the office of a 7
member of the first board if it is vacant. 8
(8) This section has effect despite sections 15 to 18 and 20.44 9
(9) In this section-- 10
"existing member" means a person who, immediately before the 11
commencement, held office as a member of the former board. 12
"first board" means the board as constituted under this section. 13
244 Chairperson and deputy chairperson of board 14
(1) From the commencement-- 15
(a) the existing chairperson is taken to be the chairperson of the 16
board as constituted under section 243; and 17
(b) the existing deputy chairperson is taken to be the deputy 18
chairperson of the board as constituted under section 243. 19
(2) The existing chairperson ceases to hold office as the chairperson if 20
the existing chairperson vacates the office of chairperson under this Act. 21
(3) The existing deputy chairperson ceases to hold office as the deputy 22
chairperson if the existing deputy chairperson vacates the office of deputy 23
chairperson under this Act. 24
(4) This section has effect despite section 19(1) and (3).45 25
(5) In this section-- 26
"existing chairperson" means the person who, immediately before the 27
commencement, held office as the chairperson of the former board. 28
44 Sections 15 (Membership of board), 16 (Registrant members), 17 (Public members),
18 (Certain nominee board members) and 20 (Term of appointment)
45 Section 19 (Chairperson and deputy chairperson of board)
s 245 132 s 246
Psychologists Registration Bill 2001
"existing deputy chairperson" means the person who, immediately 1
before the commencement, held office as the deputy chairperson of 2
the former board. 3
245 Appeals 4
(1) Subsection (2) applies if-- 5
(a) a person has appealed to the District Court under repealed 6
section 27 before the commencement against a decision of the 7
former board; and 8
(b) the appeal has not been decided before the commencement. 9
(2) The District Court may hear, or continue to hear, and decide the 10
appeal under the repealed Act as if this Act had not commenced. 11
(3) Subsection (4) applies if-- 12
(a) immediately before the commencement a person could have 13
appealed to the District Court under the repealed section 27 14
against a decision of the former board; and 15
(b) the person has not appealed before the commencement. 16
(4) The person may appeal, and the District Court may hear and decide 17
the appeal, under the repealed Act as if this Act had not commenced. 18
(5) For giving effect to its decision under subsection (2) or (4), the 19
District Court may make the orders it considers necessary having regard to 20
the provisions of this Act. 21
22
Example for subsection (5)--
23
On an appeal by a person against a decision of the former board to refuse to register the
24
person as a psychologist under the repealed Act, the District Court may order that the
25
board register the person under this Act.
(6) In this section-- 26
"District Court" includes a District Court judge. 27
"repealed section 27" means section 27 of the repealed Act. 28
246 Existing registrations 29
(1) This section applies to a person who immediately before the 30
commencement was registered, under the repealed Act, for a category of 31
s 246 133 s 246
Psychologists Registration Bill 2001
registration mentioned in column 1 of the following table (the "column 1 1
registration")-- 2
Table 3
column 1 column 2
1. registration as a psychologist under section 18 general registration
of the repealed Act
2. conditional registration as a psychologist general registration
under section 19 of the repealed Act
3. provisional registration as a psychologist provisional general
under section 20 of the repealed Act registration.
(2) The person is taken to be registered for the category of registration 4
mentioned in column 2 of the table (the "column 2 registration") shown 5
opposite the column 1 registration. 6
(3) If the column 1 registration was, immediately before the 7
commencement, subject to conditions, the column 2 registration is taken to 8
be subject to the conditions. 9
(4) Despite section 56,46 the column 2 registration continues until the 10
later of the following days-- 11
(a) 31 January first happening after the commencement; 12
(b) the day that is 3 months after the commencement. 13
(5) However, subsection (4) stops applying if the column 2 registration 14
is surrendered or cancelled. 15
(6) Subsection (7) applies to a conditional registration as a psychologist, 16
under section 19 of the repealed Act, that is taken under subsection (2) to 17
be a general registration. 18
(7) The general registration is subject to the requirement that the 19
registrant undertake the period of supervised practice in psychology that 20
the registrant would have been required to complete under the repealed Act 21
if this Act had not commenced. 22
46 Section 56 (Period)
s 247 134 s 249
Psychologists Registration Bill 2001
247 Review of conditions imposed under repealed Act 1
(1) This section applies to conditions mentioned in section 246(3) that 2
were imposed, under the repealed Act, on an item 1 or 2 column 1 3
registration. 4
(2) Part 3, division 847 applies to the conditions as if-- 5
(a) the conditions had been imposed on the registration under this 6
Act; and 7
(b) the review period applying to the conditions were the period of 8
3 years starting on the commencement. 9
248 Existing applications for certain column 1 registrations 10
(1) An application for an item 1 column 1 registration made under the 11
repealed Act, and not decided before the commencement, must be decided 12
under this Act. 13
(2) The application is taken to be for the column 2 registration shown 14
opposite the column 1 registration. 15
(3) Part 3, division 248 applies to the application. 16
(4) However, the provisions of part 3, division 2 dealing with making the 17
application in the approved form and paying the application fee and 18
registration fee, that would otherwise apply do not apply to the application. 19
249 Existing applications for restoration of certain column 1 20
registrations 21
(1) An application for the restoration of an item 1 or 2 column 1 22
registration made under section 22(3) of the repealed Act, and not decided 23
before the commencement, must be decided under this Act. 24
(2) The application is taken to be for the restoration of the column 2 25
registration shown opposite the column 1 registration. 26
(3) Part 3, division 549 applies to the application. 27
(4) However, the following provisions do not apply to the application-- 28
47 Part 3 (Registration), division 8 (Reviewing conditions of general registrations)
48 Part 3 (Registration), division 2 (Applications for general registration)
49 Part 3 (Registration), division 5 (Restoration of general registrations)
s 250 135 s 251
Psychologists Registration Bill 2001
(a) the provisions, applied by section 82,50 to the extent to which 1
they relate to recency of practice requirements; 2
(b) sections 83, 84 and 87.51 3
(5) If an item 2 column 1 registration is restored, the registration is 4
subject to the requirement that the registrant undertake the period of 5
supervised practice in psychology that the registrant would have been 6
required to complete under the repealed Act if this Act had not 7
commenced. 8
250 Suspended registrations 9
(1) This section applies if an item 1 or 2 column 1 registration has been 10
suspended and the period of suspension has not ended before the 11
commencement. 12
(2) The suspension is taken to continue as a suspension of the column 2 13
registration shown opposite the column 1 registration. 14
251 Approval of business names under repealed Act 15
(1) This section applies if-- 16
(a) immediately before the commencement-- 17
(i) there was in effect an approval of a name under 18
section 29(1) of the repealed Act (the "approval 19
provision"); or 20
(ii) an application for approval of a name under the approval 21
provision had not been finally dealt with; and 22
(b) the holder of the approval or applicant is taken to be registered 23
under section 246. 24
(2) The holder or applicant is taken to have given the board notice of the 25
name as a business name under section 142(1).52 26
50 Section 82 (Application of div 4, sdivs 1 and 3)
51 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)
52 Section 142 (Notification of business names etc.)
s 252 136 s 254
Psychologists Registration Bill 2001
252 Sections 142 and 145 ineffective for 6 months 1
(1) Sections 142 and 14553 have no effect for 6 months after they 2
commence. 3
(2) However, a person may give the board a notice mentioned in 4
section 142 within the 6 month period. 5
253 Records 6
(1) This section applies if-- 7
(a) a registration was affected under the repealed Act; and 8
(b) immediately before the commencement, the former board held a 9
record of the details of the way the registration was affected and 10
the reason for it being affected. 11
(2) The record must be kept by the board for at least 10 years after the 12
commencement. 13
254 Certain Act has not been repealed 14
(1) This section applies if an Act mentioned in column 2 of the following 15
table (the "column 2 Act") has not been repealed-- 16
Table 17
column 1 column 2
Chiropractors Registration Act 2001 Chiropractors and Osteopaths
Act 1979
Dental Practitioners Registration Dental Act 1971
Act 2001
Dental Technicians and Dental Dental Technicians and Dental
Prosthetists Registration Act 2001 Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939
Act 2001
53 Sections 142 (Notification of business names etc.) and 145 (Information to appear in
advertisements)
s 255 137 s 255
Psychologists Registration Bill 2001
column 1 column 2
Occupational Therapists Registration Occupational Therapists
Act 2001 Act 1979
Optometrists Registration Act 2001 Optometrists Act 1974
Osteopaths Registration Act 2001 Chiropractors and Osteopaths
Act 1979
Pharmacists Registration Act 2001 Pharmacy Act 1976
Physiotherapists Registration Physiotherapists Act 1964
Act 2001
Podiatrists Registration Act 2001 Podiatrists Act 1969
Speech Pathologists Registration Speech Pathologists Act 1979.
Act 2001
(2) A reference in schedule 3, definition "health practitioner registration 1
Act" to the Act mentioned in column 1 of the table shown opposite the 2
column 2 Act is taken to be a reference to the column 2 Act. 3
PART 11--CONSEQUENTIAL AMENDMENTS OF ACTS 4
255 Amendment of Acts 5
Schedule 2 amends the Acts mentioned in it. 6
138
Psychologists Registration Bill 2001
SCHEDULE 1 1
DECISIONS FOR WHICH INFORMATION NOTICES 2
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
139
Psychologists Registration Bill 2001
SCHEDULE 1 (continued)
Section Description of decision
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
140
Psychologists Registration Bill 2001
SCHEDULE 2 1
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 255 3
COMMISSION FOR CHILDREN AND YOUNG PEOPLE 4
ACT 2000 5
1. Schedule 4, definition "registered health practitioner", 6
`Psychologists Act 1977'-- 7
omit, insert-- 8
`Psychologists Registration Act 2001'. 9
CORRECTIVE SERVICES ACT 2000 10
1. Schedule 3, definition "psychologist"-- 11
omit, insert-- 12
` "psychologist" means a person registered under the Psychologists 13
Registration Act 2001.'. 14
EXPLOSIVES ACT 1999 15
1. Schedule 2, definition "psychologist"-- 16
omit, insert-- 17
` "psychologist" means a person registered as a general registrant under 18
the Psychologists Registration Act 2001.'. 19
141
Psychologists Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH ACT 1937 1
1. Section 5(1), definition "health practitioner registration Act", 2
`Psychologists Act 1977'-- 3
omit, insert-- 4
`Psychologists Registration Act 2001'. 5
HEALTH PRACTITIONER REGISTRATION BOARDS 6
(ADMINISTRATION) ACT 1999 7
1. Schedule, definition "health practitioner registration Act", 8
`Psychologists Act 1977'-- 9
omit, insert-- 10
`Psychologists Registration Act 2001'. 11
HEALTH PRACTITIONERS (PROFESSIONAL 12
STANDARDS) ACT 1999 13
1. Schedule, definition "health practitioner registration Act", 14
`Psychologists Act 1977'-- 15
omit, insert-- 16
`Psychologists Registration Act 2001'. 17
2. Schedule, definition "profession", paragraph (k), `Psychologists Act 18
1977'-- 19
omit, insert-- 20
`Psychologists Registration Act 2001'. 21
142
Psychologists Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH PRACTITIONERS (SPECIAL EVENTS 1
EXEMPTION) ACT 1998 2
1. Schedule, definition "health registration Act", `Psychologists Act 3
1977'-- 4
omit, insert-- 5
`Psychologists Registration Act 2001'. 6
HEALTH RIGHTS COMMISSION ACT 1991 7
1. Schedule 2, item 10-- 8
omit, insert-- 9
`10. Psychologists Board of Queensland'. 10
HEALTH SERVICES ACT 1991 11
1. Section 63(6), `Psychologists Act 1977'-- 12
omit, insert-- 13
`Psychologists Registration Act 2001'. 14
MEDICAL ACT AND OTHER ACTS 15
(ADMINISTRATION) ACT 1966 16
1. Section 4(1)(j)-- 17
omit. 18
143
Psychologists Registration Bill 2001
SCHEDULE 2 (continued)
MENTAL HEALTH ACT 2000 1
1. Schedule 2, definition "psychologist"-- 2
omit, insert-- 3
` "psychologist" means a person registered under the Psychologists 4
Registration Act 2001.'. 5
RADIATION SAFETY ACT 1999 6
1. Schedule 2, definition "health practitioner registration Act", 7
`Psychologists Act 1977'-- 8
omit, insert-- 9
`Psychologists Registration Act 2001'. 10
WEAPONS ACT 1990 11
1. Section 5, definition "psychologist'-- 12
omit, insert-- 13
` "psychologist" means a person registered under the Psychologists 14
Registration Act 2001.'. 15
144
Psychologists Registration Bill 2001
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
"certificate of special purpose registration" means a certificate of special 28
purpose registration issued under part 3, division 9. 29
145
Psychologists Registration Bill 2001
SCHEDULE 3 (continued)
"certified copy", of a certificate of registration, means a copy that is 1
certified by the board as being a true copy of the certificate. 2
"chairperson" means the chairperson of the board appointed under 3
section 19(1). 4
"column 1 registration", for part 10, division 2, see section 235. 5
"column 2 registration", for part 10, division 2, see section 235. 6
"commencement", for part 10, division 2, see section 235. 7
"committee" means a committee of the board established under 8
section 33(1). 9
"convicted", of an offence, means being found guilty of the offence, on a 10
plea of guilty or otherwise, whether or not a conviction is recorded. 11
"corresponding law" means a law applying, or that applied, in another 12
State, the Commonwealth or a foreign country that provides, or 13
provided, for the same matter as-- 14
(a) a health practitioner registration Act or the Health Practitioners 15
(Professional Standards) Act 1999; or 16
(b) a provision of a health practitioner registration Act or the Health 17
Practitioners (Professional Standards) Act 1999. 18
"declaration period", for part 9, division 3, see section 222. 19
"declared event", for part 9, division 3, see section 222. 20
"deputy chairperson" means the deputy chairperson of the board 21
appointed under section 19(1). 22
"document production requirement" see section 183(5). 23
"educational institution" means a university, training institution or 24
professional college engaged in the education of persons in the 25
practice of the profession. 26
"executive officer" means the executive officer appointed under the 27
Health Practitioner Registration Boards (Administration) Act 1999. 28
"executive officer", of a corporation, means a person who is concerned 29
with, or takes part in, the corporation's management, whether or not 30
the person is a director or the person's position is given the name of 31
executive officer. 32
146
Psychologists Registration Bill 2001
SCHEDULE 3 (continued)
"facsimile warrant" see section 165(4). 1
"foreign regulatory authority" means-- 2
(a) an interstate regulatory authority; or 3
(b) an entity established under a law applying in a foreign country, 4
other than New Zealand, having functions similar to the board's 5
functions under this Act or the Health Practitioners 6
(Professional Standards) Act 1999. 7
"former board", for part 10, division 2, see section 235. 8
"former registrant" means a person who was, but is not currently, 9
registered under part 3. 10
"general registrant" means a person registered, under part 3, as a general 11
registrant, but does not include a provisional general registrant. 12
"general registration" means registration of a person as a general 13
registrant under part 3. 14
"general registration period" see section 56(1). 15
"health assessment", in relation to a person, includes-- 16
(a) a physical, medical, psychiatric or psychological examination or 17
test of the person; and 18
(b) asking questions to assess the person's mental and physical 19
health. 20
"Health Insurance Commission" means the Health Insurance 21
Commission established under the Health Insurance Commission Act 22
1973 (Cwlth), section 4. 23
"health practitioner registration Act" means any of the following Acts-- 24
· this Act 25
· Chiropractors Registration Act 2001 26
· Dental Practitioners Registration Act 2001 27
· Dental Technicians and Dental Prosthetists Registration Act 28
2001 29
· Medical Practitioners Registration Act 2001 30
· Medical Radiation Technologists Registration Act 2001 31
147
Psychologists Registration Bill 2001
SCHEDULE 3 (continued)
· Occupational Therapists Registration Act 2001 1
· Optometrists Registration Act 2001 2
· Osteopaths Registration Act 2001 3
· Pharmacists Registration Act 2001 4
· Physiotherapists Registration Act 2001 5
· Podiatrists Registration Act 2001 6
· Speech Pathologists Registration Act 2001. 7
"health records", for part 9, division 1, see section 214. 8
"health service" means a service for maintaining, improving or restoring 9
people's health and wellbeing. 10
"impose", a condition, includes change or confirm the condition. 11
"information notice", for a decision of the board or an inspector, is a 12
notice stating the following-- 13
(a) the decision; 14
(b) the reasons for the decision; 15
(c) that the person to whom the notice is given may appeal against 16
the decision within 28 days; 17
(d) how the person may appeal against the decision to the District 18
Court; 19
(e) if the decision is that a person be registered on conditions, other 20
than probationary conditions or additional conditions imposed 21
under section 98(3)-- 22
(i) for a general registration--the review period applying to the 23
conditions; and 24
(ii) for conditions imposed because of the person's mental and 25
physical health, the details of which it has been decided 26
under section 59(3) to record in the register--the details that 27
must be recorded in the register for the period for which the 28
conditions are in force; 29
(f) if the decision is that an applicant be registered on probationary 30
conditions mentioned in section 57(2)(b)-- 31
148
Psychologists Registration Bill 2001
SCHEDULE 3 (continued)
(i) the part of the supervised practice program to be completed; 1
and 2
(ii) the period in which the partial program is to be completed; 3
(g) if the decision is that a general registration be renewed or 4
restored on recency of practice conditions, the review period 5
applying to the conditions; 6
(h) if the decision is that a registration be cancelled, a direction to the 7
person to return the certificate of registration to the board within 8
14 days after receiving the notice; 9
(i) if the decision is that the conditions, other than probationary 10
conditions or additional conditions imposed under section 98(3), 11
imposed on a general registration be confirmed, the review 12
period applying to the confirmed conditions; 13
(j) if the decision is that the conditions, other than probationary 14
conditions or additional conditions imposed under section 98(3), 15
imposed on a general registration be changed-- 16
(i) the review period applying to the changed conditions; and 17
(ii) if the conditions were imposed because of the person's 18
mental and physical health and it is decided under 19
section 113(2) that details of the changed conditions must 20
be recorded in the register, the details that must be recorded 21
in the register for the period for which the changed 22
conditions are in force; and 23
(iii) a direction to the person to return the certificate of 24
registration to the board within 14 days after receiving the 25
notice; 26
(k) if the decision is that probationary conditions imposed on a 27
general registration be extended--the part of the supervised 28
practice program to be undertaken and the period of the 29
extension. 30
"inspector" means a person who is appointed as an inspector under 31
section 157. 32
"interstate law", for part 9, division 3, see section 222. 33
"interstate regulatory authority" means an entity established under the 34
law of another State or New Zealand having functions similar to the 35
149
Psychologists Registration Bill 2001
SCHEDULE 3 (continued)
board's functions under this Act or the Health Practitioners 1
(Professional Standards) Act 1999. 2
"item", for part 10, division 2, see section 235. 3
"legislative scheme" see section 4. 4
"local practitioner", for part 9, division 3, see section 222. 5
"medical condition" includes substance abuse or dependence. 6
"member" means a member of the board. 7
"notice" means written notice. 8
"occupier", of a place, includes a person who reasonably appears to be an 9
occupier, or in charge, of the place. 10
"office" means the Office of Health Practitioner Registration Boards under 11
the Health Practitioner Registration Boards (Administration) Act 12
1999. 13
"original decision" see section 192(1). 14
"partial program" see section 57(2)(b)(i). 15
"participant", for part 9, division 3, see section 222. 16
"personal details requirement" see section 181(5). 17
"place" includes premises, vacant land and a vehicle. 18
"place of seizure" see section 172. 19
"possess", a health record, for part 9, division 1, see section 214. 20
"premises" includes-- 21
(a) a building or other structure; and 22
(b) a part of a building or other structure; and 23
(c) land where a building or other structure is situated. 24
"prepare", for part 9, division 3, see section 222. 25
"probationary conditions" means conditions mentioned in section 57(2) 26
and includes those conditions extended under section 98(1)(b)(ii). 27
"probationary registrant" means a person registered as a general 28
registrant on probationary conditions. 29
"profession" means the psychology profession. 30
150
Psychologists Registration Bill 2001
SCHEDULE 3 (continued)
"professional service" means a psychology service. 1
"provisional general registrant" means a person registered, under 2
section 66, as a provisional general registrant. 3
"provisional general registration" means registration of a person as a 4
provisional general registrant under section 66. 5
"provisional special purpose registrant" means a person registered, 6
under part 3, division 9, as a provisional special purpose registrant. 7
"provisional special purpose registration" means registration of a person 8
as a provisional special purpose registrant under part 3, division 9. 9
"public members" see section 15(2)(b). 10
"public place" means a place that the public is entitled to use, is open to 11
the public or is used by the public (whether or not on payment of 12
money). 13
"recency of practice conditions" see section 80(2). 14
"recency of practice requirements" see section 74. 15
"register" means the register kept under section 209. 16
"registrant" means a person registered under part 3. 17
"registrant members" see section 15(2)(a). 18
"registration" means registration under part 3. 19
"registration fee" see section 42(1)(c)(iii). 20
"relevant practical experience" in the profession means experience 21
mentioned in section 58(1). 22
"renewable registration" means a general registration or special purpose 23
registration. 24
"repealed Act" means the Psychologists Act 1977. 25
"restoration fee" see section 84(1)(b)(i). 26
"restricted title" means a title that consists of, or includes, the word 27
`psychologist'. 28
"review period", applying to conditions imposed by the board or the 29
District Court on a general registration, means the period, not more 30
than 3 years after the decision to impose the conditions takes effect, 31
151
Psychologists Registration Bill 2001
SCHEDULE 3 (continued)
within which the registrant may not apply for a review of the 1
conditions under part 3, division 8. 2
"service agreement" means an agreement made under the Health 3
Practitioner Registration Boards (Administration) Act 1999, between 4
the executive officer and the board, for the provision of administrative 5
and operational support by the office to the board. 6
"show cause notice" see section 89(1). 7
"show cause period" see section 89(2)(d). 8
"special activities" see section 115. 9
"special purpose registrant" means a person registered, under part 3, 10
division 9, as a special purpose registrant, but does not include a 11
provisional special purpose registrant. 12
"special purpose registration" means registration of a person as a special 13
purpose registrant under part 3, division 9. 14
"supervised practice plan" see section 62(4). 15
"supervised practice program" means a program mentioned in 16
section 61(1). 17
"supervised practice report", for a probationary registrant, means a 18
report-- 19
(a) providing an assessment of the registrant's competence to 20
practise the profession as demonstrated while undertaking 21
practice under the supervised practice program or the partial 22
program; and 23
(b) in the approved form, or if a form is not approved, that includes 24
the information prescribed under a regulation. 25
"supervisor", for a probationary registrant, means the general registrant 26
who-- 27
(a) is eligible under a regulation to be a supervisor; and 28
(b) has primary responsibility for the probationary registrant's 29
supervision while undertaking the supervised practice program, 30
or the partial program. 31
"user", of a registrant's services, includes a person who used the services. 32
152
Psychologists Registration Bill 2001
SCHEDULE 3 (continued)
"visiting practitioner", for part 9, division 3, see section 222. 1
"warrant form" see section 165(5)(b). 2
© State of Queensland 2001
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