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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Osteopaths Registration Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2--REGISTRATION 5
Division 1--Procedure for Obtaining Registration 5
4. Application for registration 5
5. Qualifications for general registration 5
6. General registration 6
7. Specific registration 8
8. Entitlement of applicant to make submissions 9
9. Notification of outcome of application 9
10. Duration and renewal of registration 10
11. Application for renewal of and refusal to renew registration 10
12. Restoration of name to the register 10
13. Effect of suspension of registration 11
14. Registration obtained by fraud 11
Division 2--The Register 12
15. The Register 12
16. Certificates 12
17. Use of certificate as evidence 13
18. Requirement to notify the Board of change of address 13
19. Notification of death by Registrar of Births, Deaths, Marriages
and Names 14
PART 3--INVESTIGATIONS INTO REGISTERED
OSTEOPATHS 15
Division 1--Preliminary investigations into professional conduct 15
20. Complaints about the professional conduct of osteopaths 15
21. When complaints about professional conduct are to be
investigated by Health Services Commissioner 15
22. When complaints about professional conduct are to be
investigated by the Board 16
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23. Outcome of preliminary investigation 16
24. Board may institute a hearing into professional conduct 17
25. Suspension of registration upon commencement of investigation 17
Division 2--Preliminary investigation into the health of registered
osteopaths 18
26. Commencement of preliminary investigation 18
27. Notification to osteopath 18
28. Medical examination 19
29. Report of examination 19
30. Outcome of preliminary investigation 20
31. Referral to formal hearing 20
32. Request for conditions, limitations or restrictions 21
33. Revocation of suspension of registration or condition, limitation
or restriction imposed on registration 21
34. Immediate suspension of registration 21
Division 3--Formal and Informal Hearings 22
35. Establishment and notification of an informal hearing 22
36. Constitution of a panel for an informal hearing 22
37. Notice of an informal hearing 23
38. Conduct of an informal hearing 23
39. Findings and determinations of an informal hearing 24
40. Change of informal hearing to formal hearing during course of
hearing 24
41. Request for formal hearing upon completion of informal hearing 25
42. Establishment and notification of formal hearing 25
43. Constitution of a hearing panel for a formal hearing 26
44. Notice of a formal hearing 26
45. Conduct of a formal hearing 27
46. Findings and determinations of a formal hearing into conduct 28
47. Findings and determinations of a formal hearing into ability to
practise 29
Division 4--General Provisions relating to Investigations 30
48. Procedure at formal and informal hearings 30
49. Powers of panel conducting a formal hearing 30
50. Determinations 30
51. Removal of suspension, condition, limitation or restriction 31
52. Reasons for determinations of panel or Board 31
53. Notifications 31
54. Offence to disclose information identifying complainant 33
55. Terms and conditions of appointment of panel members 33
PART 4--REVIEW BY ADMINISTRATIVE APPEALS
TRIBUNAL 35
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56. Review by AAT 35
57. Notification 35
PART 5--OFFENCES 37
58. Claims by persons as to registration 37
59. Fraud, forgery etc. 38
60. Advertising 38
PART 6--ADMINISTRATION 40
61. Establishment of Board 40
62. Powers, functions and consultation requirements 40
63. Membership of the Board 41
64. Terms of office 41
65. Resignation and removal 42
66. President and Deputy President 42
67. Acting member 43
68. Payment of members 43
69. Procedure of Board 44
70. Member's interests 44
71. Resolutions without meetings 45
72. Approved methods of communication for Board 46
73. Effect of vacancy or defect 46
74. Immunity 46
75. Staff 47
76. Delegation 47
PART 7--REPORTING AND FINANCIAL PROVISIONS 49
77. Osteopaths Registration Board Fund 49
78. Investment powers 49
79. Repayment of advances 49
PART 8--ENFORCEMENT AND SUPPLEMENTARY POWERS 51
80. Proceedings for offences 51
81. Identification 51
82. Powers of entry with warrant 51
83. Announcement before entry 53
84. Copy of warrant to be given to occupier 53
85. Copies or receipts to be given 53
86. Powers of Board in relation to fees 54
PART 9--REGULATIONS 55
87. Supreme Court--Limitation of jurisdiction 55
88. Regulations 55
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PART 10--SAVINGS AND AMENDMENTS 57
89. Definitions 57
90. Transfer of assets of old Board 57
91. Proceedings before the old Board 58
92. Application of this Act to conduct occurring before
commencement of this Act 58
93. Existing registrations 59
94. References 60
95. Amendment of Health Services (Conciliation and Review) Act
1987 61
96. Amendment of Medical Practice Act 1994 61
NOTES 62
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A BILL
to make further provision for the registration of osteopaths, the
investigation into the professional conduct or fitness to practise of
registered osteopaths, to regulate the advertising of osteopathic
services, to establish the Osteopaths Registration Board of Victoria
and the Osteopaths Registration Board Fund of Victoria and to make
consequential amendments to various Acts and for other purposes.
Osteopaths Registration Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to protect the public by providing for the
5 registration of osteopaths and investigations
into the professional conduct and fitness to
practise of registered osteopaths; and
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(b) to regulate the advertising of osteopathic
services; and
(c) to establish the Osteopaths Registration
Board of Victoria and the Osteopaths
5 Registration Board Fund of Victoria; and
(d) to make consequential amendments to
various Acts; and
(e) to provide for other related matters.
2. Commencement
10 (1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
15 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1997, it
comes into operation on that day.
3. Definitions
20 In this Act--
"Administrative Appeals Tribunal" means the
Administrative Appeals Tribunal established
under the Administrative Appeals
Tribunal Act 1984;
25 "alcoholic" has the same meaning as in the
Alcoholics and Drug-dependent Persons
Act 1968;
"Board" means the Osteopaths Registration
Board of Victoria established under Part 6;
30 "drug-dependent person" has the same meaning
as in the Alcoholics and Drug-dependent
Persons Act 1968;
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"Fund" means the Osteopaths Registration Board
Fund established under Part 7;
"Health Services Commissioner" means the
Health Services Commissioner within the
5 meaning of the Health Services
(Conciliation and Review) Act 1987;
"lawyer" means a person admitted to practise as
a barrister and solicitor of the Supreme
Court;
10 "register" means the register of osteopaths kept
under Part 2;
"registered osteopath" means a person
registered under Part 2, whether or not the
registration of that person is general or
15 specific;
"unprofessional conduct" means all or any of
the following--
(a) professional conduct which is of a
lesser standard than that which the
20 public might reasonably expect of a
registered osteopath;
(b) professional conduct which is of a
lesser standard than that which might
reasonably be expected of an osteopath
25 by his or her peers;
(c) professional misconduct;
(d) infamous conduct in a professional
respect;
(e) providing a person with health services
30 of a kind that is excessive, unnecessary
or not reasonably required for that
person's well-being;
(f) influencing or attempting to influence
the conduct of an osteopathic practice
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in such a way that patient care may be
compromised;
(g) the failure to act as an osteopath when
required under an Act or regulations to
5 do so;
(h) a finding of guilt of--
(i) an indictable offence in Victoria,
or an equivalent offence in
another jurisdiction; or
10 (ii) an offence where the osteopath's
ability to continue to practise is
likely to be affected because of
the finding of guilt or where it is
not in the public interest to allow
15 the osteopath to continue to
practise because of the finding of
guilt; or
(iii) an offence under this Act or the
regulations; or
20 (iv) an offence as an osteopath under
any other Act or regulations.
_______________
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PART 2--REGISTRATION
Division 1--Procedure for Obtaining Registration
4. Application for registration
(1) An application for registration as an osteopath
5 may be made to the Board.
(2) An application must be--
(a) in writing in the prescribed form and
accompanied by evidence of the
qualifications which the applicant claims
10 entitle him or her to the type of registration
applied for; and
(b) accompanied by the fee determined by the
Board.
(3) The Board--
15 (a) may require the applicant to provide further
information or material in respect of the
application; and
(b) may require that the information in the
application be verified by a declaration under
20 section 107 of the Evidence Act 1958; and
(c) may require proof of identity of the person
making the application.
5. Qualifications for general registration
A person is qualified for general registration as an
25 osteopath if that person--
(a) has successfully completed a course of study
accredited by the Board; or
(b) in the opinion of the Board, has a
qualification that is substantially equivalent
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or is based on similar competencies to an
accredited course; or
(c) has passed an examination set by or on
behalf of the Board; or
5 (d) has a qualification that is recognised in
another State or Territory of the
Commonwealth for the purposes of
undertaking work of a similar nature to that
which a person, holding a qualification to
10 which paragraph (a), (b) or (c) applies, is
qualified to undertake.
6. General registration
(1) The Board must grant general registration as an
osteopath to an applicant, if--
15 (a) the applicant is qualified for registration
under section 5; and
(b) there are no grounds under sub-section (2)
under which the Board may refuse to grant
registration to the applicant; and
20 (c) the circumstances are such that section 7
does not apply; and
(d) the applicant has paid the fee determined by
the Board under section 4(2)(b).
(2) The Board may refuse to grant registration to an
25 applicant on any one or more of the following
grounds--
(a) that the character of the applicant is such that
it would not be in the public interest to allow
the applicant to practise as a registered
30 osteopath;
(b) that the applicant is unfit to practise as a
registered osteopath because he or she is an
alcoholic or drug-dependent person;
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(c) that the applicant has been found guilty of an
indictable offence in Victoria or an
equivalent offence in another jurisdiction;
(d) that the applicant has been found guilty of an
5 offence where the ability of the applicant to
practise is likely to be affected because of
the finding of guilt or where it is not in the
public interest to allow the applicant to
practise because of the finding of guilt;
10 (e) that the applicant has previously been
registered under this Act or the
Chiropractors and Osteopaths Act 1978
and during the course of that registration has
had proceedings under Part 3 or similar
15 proceedings under the Chiropractors and
Osteopaths Act 1978 brought against him or
her and those proceedings have never been
finalised;
(f) that, in the opinion of the Board, the
20 applicant is unfit to be registered because he
or she has a physical or mental impairment
which significantly impairs his or her ability
to practise as a registered osteopath;
(g) that the applicant's competency in speaking
25 or communicating in English is not sufficient
for that person to practise as a registered
osteopath;
(h) that the applicant has previously held a right
to practise as an osteopath in another
30 country, being the equivalent of registration
as an osteopath under this Act, and that right
has been cancelled or suspended and not
restored because of conduct which, if
committed within Victoria, would entitle the
35 Board to suspend or cancel registration.
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(3) A grant of registration under this section is subject
to any conditions, limitations or restrictions that
the Board thinks fit.
(4) The Board may, upon application by the
5 registered osteopath, amend, vary or revoke any
condition, limitation or restriction imposed under
sub-section (3).
7. Specific registration
(1) The Board may grant or refuse to grant specific
10 registration as an osteopath to an applicant if the
applicant holds qualifications in osteopathy which
do not qualify that applicant for general
registration--
(a) to enable that applicant to undertake
15 supervised study or training or a course
approved by the Board at a tertiary
institution; or
(b) to enable that applicant to fill an osteopathic
teaching or research position at a tertiary
20 institution approved by the Board; or
(c) to enable an applicant from another country
to practise in Victoria if that applicant has
exchanged practice with a registered
osteopath for a limited period with the prior
25 permission of the Board.
(2) A grant of specific registration under this section
is subject to any conditions, limitations or
restrictions imposed by the Board including the
period of registration which must not exceed 12
30 months.
(3) The Board may of its own motion, or upon
application by the osteopath granted specific
registration, amend, vary or revoke any condition,
limitation or restriction imposed under sub-section
35 (2).
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8. Entitlement of applicant to make submissions
If the Board is proposing to refuse an application
for registration or to impose conditions,
limitations or restrictions on the registration of an
5 applicant, the Board must not do so until--
(a) it has given the applicant notice of this
proposal; and
(b) it has given the applicant an opportunity to
make submissions to the Board about the
10 proposal.
9. Notification of outcome of application
(1) Upon determining an application for registration
under this Part, the Board must notify the
applicant as to whether or not registration has
15 been granted to the applicant.
(2) A notice under sub-section (1) must include the
following information--
(a) if the registration has been granted--
(i) the type of registration granted; and
20 (ii) whether or not any conditions,
limitations or restrictions have been
imposed on the registration and, if so,
the reasons for imposing the conditions,
limitations or restrictions; or
25 (b) if the registration has not been granted--
(i) the reasons why it has not been granted;
and
(ii) a statement that the applicant has a
right to obtain a review of the decision
30 not to grant registration.
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10. Duration and renewal of registration
The registration of an osteopath which is not
specific or renewal of such registration continues
in force for 12 months after the grant or renewal
5 of registration.
11. Application for renewal of and refusal to renew
registration
(1) An application for renewal of registration which is
not specific--
10 (a) must be made to the Board before the
existing registration expires; and
(b) must be accompanied by the fee determined
by the Board.
(2) If a person does not apply for renewal of
15 registration before the end of the existing
registration period, the Board may renew that
person's registration if application is made within
3 months after the end of the registration period
and if the applicant pays an additional renewal fee
20 determined by the Board which must not be more
than 50% of the original fee.
(3) If a person's registration has expired without being
renewed that person is deemed to be registered for
a period of 3 months after that expiry, and if, at
25 the end of that period of 3 months, that person has
not renewed his or her registration, the Board
must remove that person's name from the register.
(4) The Board may refuse to renew the registration of
an applicant under this Part on any ground on
30 which the Board might refuse to grant registration.
12. Restoration of name to the register
If a person whose name has been removed from
the register under section 11(3)--
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(a) applies to the Board within 2 years from the
date of that removal to have his or her name
restored to the register; and
(b) pays to the Board the fee fixed by the Board
5 for that purpose within that period--
the Board may restore that person's name to the
register.
13. Effect of suspension of registration
For the purposes of this Act, an osteopath whose
10 registration is suspended is deemed to be not
registered for the period of that suspension.
14. Registration obtained by fraud
(1) If the Board believes that the registration of an
osteopath has been obtained by fraud or
15 misrepresentation or that the qualifications upon
which the osteopath relied for registration have
been withdrawn the Board must conduct a hearing
into the matter.
(2) The Board must give notice of the time and place
20 of the hearing to the osteopath.
(3) The provisions applying to the conduct of a
formal hearing under Part 3 apply to a hearing
under this section as if a hearing under this section
were a formal hearing.
25 (4) If, at the end of the hearing, the Board determines
that the registration of the osteopath has been
obtained by fraud or misrepresentation or that the
qualifications upon which the osteopath has relied
for registration have been withdrawn, the Board
30 must cancel the registration of the osteopath.
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Division 2--The Register
15. The Register
(1) The Board must cause to be kept a register of all
osteopaths to whom the Board has granted
5 registration under this Act.
(2) The register is to be called the Register of
Osteopaths.
(3) The following particulars must be included on the
register against the name of the osteopath to
10 whom they apply--
(a) any current suspension of the registration of
the osteopath;
(b) any current condition, limitation or
restriction imposed on the registration of the
15 osteopath;
(c) the prescribed information.
(4) The register may be inspected at the office of the
Board by any person during ordinary office hours
without charge.
20 (5) A person may obtain a copy of or an extract from
the register on payment of the fee determined by
the Board.
(6) A registered osteopath's private address must not
appear on that part of the register which is open to
25 the public for inspection, unless the osteopath so
authorises.
16. Certificates
(1) Upon--
(a) granting registration to a person under this
30 Part; or
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(b) renewing the registration of a person under
this Part--
the Board must issue a certificate of registration to
that person.
5 (2) The following particulars must be included on a
certificate of registration--
(a) any condition, limitation or restriction
imposed on the registration of the osteopath;
and
10 (b) the prescribed information.
(3) If an osteopath's registration under this Part has
been suspended or cancelled, that osteopath must
return his or her certificate of registration to the
Board.
15 Penalty: 20 penalty units.
17. Use of certificate as evidence
A certificate purporting to be signed by the
President or any two members of the Board to the
effect that--
20 (a) an osteopath is or is not or was or was not, at
any specified date, registered; or
(b) that any disciplinary or other action is or is
not or was or was not, at any specified date,
being taken against that osteopath--
25 is evidence, and, in the absence of evidence to the
contrary, is proof of the matters stated in it.
18. Requirement to notify the Board of change of address
A registered osteopath must notify the Board of
any change of the address of the osteopath which
30 appears on the register within 14 days after that
change having been made.
Penalty: 10 penalty units.
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19. Notification of death by Registrar of Births, Deaths,
Marriages and Names
(1) Upon registering the death of any person
appearing from the records of the Registrar of
5 Births, Deaths, Marriages and Names to be a
registered osteopath, the Registrar must
immediately give notice of the death by post to the
Board.
(2) Upon receiving a notice under sub-section (1), the
10 Board must cause the name of the osteopath to be
removed from the register.
_______________
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PART 3--INVESTIGATIONS INTO REGISTERED
OSTEOPATHS
Division 1--Preliminary investigations into professional
conduct
5 20. Complaints about the professional conduct of
osteopaths
A person may make a complaint about a
registered osteopath to the Board.
21. When complaints about professional conduct are to be
10 investigated by Health Services Commissioner
(1) If the Board receives a complaint about a
registered osteopath, and the complaint is of a
kind which may be made under the Health
Services (Conciliation and Review) Act 1987,
15 the Board must notify the Health Services
Commissioner and give a copy of the complaint to
the Health Services Commissioner as soon as
possible after it has received the complaint.
(2) The Board, in consultation with the Health
20 Services Commissioner, must determine whether
or not the complaint is to be dealt with by the
Commissioner or the Board.
(3) The Health Services (Conciliation and Review)
Act 1987 applies to a complaint made under this
25 Part which is to be dealt with by the Health
Services Commissioner as if the complaint were
made under section 16 of that Act.
(4) The Board must not deal further with a complaint
made under this Part that is to be dealt with by the
30 Health Services Commissioner unless the Health
Services Commissioner refers the matter back to
the Board under section 19(6) of the Health
Services (Conciliation and Review) Act 1987.
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(5) If a complaint has been referred to and is being
dealt with by the Health Services Commissioner,
the Commissioner must advise the Board, when
the matter is completed, of the outcome of the
5 matter.
22. When complaints about professional conduct are to be
investigated by the Board
(1) The Board must investigate a complaint
concerning the professional conduct of a
10 registered osteopath unless--
(a) the complaint is to be dealt with by the
Health Services Commissioner under section
21; or
(b) the Board has determined the complaint to
15 be frivolous or vexatious.
(2) In order to determine whether or not it is
necessary to conduct a formal or informal hearing
into a complaint, the Board must conduct a
preliminary investigation into the complaint.
20 (3) The Board may, in writing, delegate to--
(a) an officer of the Board; or
(b) a lawyer or investigator retained by the
Board; or
(c) a sub-committee of the Board consisting of
25 not more than 3 members of the Board--
its power to conduct a preliminary investigation
into a complaint, other than its power to make
determinations upon a preliminary investigation.
23. Outcome of preliminary investigation
30 (1) Upon completing a preliminary investigation, the
person conducting the investigation may make
one of the following recommendations--
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(a) that the investigation into the matter should
not proceed further; or
(b) that an informal or formal hearing should be
held into the matter.
5 (2) The Board must determine whether or not to act
on the recommendations of the person conducting
the preliminary investigation.
24. Board may institute a hearing into professional
conduct
10 The Board may, of its own motion, determine to
conduct a formal or informal hearing into the
professional conduct of a registered osteopath
without conducting a preliminary investigation.
25. Suspension of registration upon commencement of
15 investigation
(1) The Board, upon making a determination--
(a) to conduct a preliminary investigation into a
complaint made to the Board about the
professional conduct of a registered
20 osteopath; or
(b) to conduct a formal or informal hearing into
the professional conduct of a registered
osteopath without preliminary
investigation--
25 may suspend the registration of the osteopath until
any investigation and any hearing into the matter
is completed if the Board is of the opinion that it
is necessary to do so because there is a serious
risk that the health and safety of the public will be
30 endangered.
(2) If the Board has suspended the registration of an
osteopath under sub-section (1), it must--
(a) immediately notify the osteopath of that
suspension; and
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(b) ensure that the matter is investigated as soon
as possible after that suspension.
Division 2--Preliminary investigation into the health of
registered osteopaths
5 26. Commencement of preliminary investigation
If the Board believes the ability of an osteopath to
practise osteopathy may be affected because--
(a) of the physical or mental health of the
osteopath; or
10 (b) the osteopath has an incapacity; or
(c) the osteopath is an alcoholic or drug-
dependent person--
the Board may appoint one of its members to
conduct a preliminary investigation into the
15 matter.
27. Notification to osteopath
(1) The member of the Board appointed to investigate
the matter must give notice of the preliminary
investigation to the osteopath.
20 (2) A notice under sub-section (1) must--
(a) be in writing; and
(b) be sent by registered post as soon as possible
after the Board's decision has been made;
and
25 (c) advise the osteopath of the nature of the
matter to be investigated; and
(d) ask the osteopath to advise the Board as to
whether or not he or she will agree to
undergo a medical examination within 28
30 days after receiving the notice; and
(e) advise the osteopath of the procedures that
can be taken under this Part.
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28. Medical examination
(1) If the osteopath agrees to undergo a medical
examination within 28 days, the osteopath must be
examined by a registered medical practitioner who
5 is agreed upon by the Board and the osteopath.
(2) If the Board and the osteopath are unable to agree
upon a registered medical practitioner to conduct
the examination, the Minister must appoint a
registered medical practitioner to perform the
10 examination.
(3) The Board must pay for the examination.
29. Report of examination
(1) The examining medical practitioner must give a
report of his or her examination to the member of
15 the Board appointed to investigate the matter, and,
not more than 7 days later, to the osteopath being
investigated.
(2) The person appointed to investigate the matter
must discuss the report with the osteopath, and, in
20 the case of an adverse finding in the report, the
possible ways of dealing with that finding.
(3) After discussing the report with the osteopath, the
person appointed to investigate the matter must
report to the Board.
25 (4) Despite sub-section (1), if the report contains
information of a medical or psychiatric nature
concerning the osteopath, and it appears to the
person appointed to conduct the investigation that
the disclosure of that information to the osteopath
30 might be prejudicial to the physical or mental
health or well being of the osteopath, the
investigator may decide not to give that
information to the osteopath but to give it instead
to another osteopath nominated by that osteopath.
19
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(5) Before acting under sub-section (4), the
investigator must report to the Board and, if the
investigator is not an osteopath and the Board is
of the opinion that it is necessary for the
5 investigation of the matter to be continued by an
osteopath, the Board may appoint an osteopath to
continue the investigation.
30. Outcome of preliminary investigation
(1) If, after considering the reports given under
10 section 29, the Board decides that further action
should be taken, the Board must ask the osteopath
whether or not he or she is prepared to agree to--
(a) alter the way in which he or she practises
osteopathy; or
15 (b) the imposition of conditions, limitations or
restrictions on his or her registration; or
(c) the suspension of his or her registration for
the period of time specified by the Board.
(2) The Board may take any action that is necessary
20 to implement an agreement under sub-section (1).
31. Referral to formal hearing
If a registered osteopath who is the subject of a
preliminary investigation under this Division--
(a) does not agree to undergo a medical
25 examination or does not abide by an
agreement to undergo a medical
examination; or
(b) does not reach an agreement with the Board
under section 30 or does not abide by an
30 agreement reached with the Board under
section 30--
the Board may refer the matter to a formal
hearing.
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32. Request for conditions, limitations or restrictions
(1) A registered osteopath who believes that his or her
ability to practise osteopathy is affected
because--
5 (a) of his or her physical or mental health; or
(b) he or she has an incapacity; or
(c) he or she is an alcoholic or drug-dependent
person--
may ask the Board to impose a condition,
10 limitation or restriction on his or her practice.
(2) If the Board and the osteopath agree upon the
condition, limitation or restriction to be imposed,
the Board may impose it.
(3) If the osteopath and the Board do not agree upon
15 the condition, limitation or restriction to be
imposed, the Board must refer the matter to a
preliminary investigation.
33. Revocation of suspension of registration or condition,
limitation or restriction imposed on registration
20 The Board may revoke a condition, limitation or
restriction imposed on the registration of a
registered osteopath or the suspension of a
registered osteopath's registration, if the osteopath
satisfies the Board that his or her ability to
25 practise osteopathy is no longer affected.
34. Immediate suspension of registration
(1) If the Board has referred a matter to a formal
hearing under this Division, the Board may
suspend the registration of the osteopath until the
30 hearing is completed, if the Board is of the
opinion that the ability of the osteopath to practise
osteopathy is affected to such an extent that to
allow the osteopath to continue to practise would
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pose a serious risk that the health and safety of the
public will be endangered.
(2) If the Board has suspended the registration of an
osteopath under sub-section (1), it must--
5 (a) immediately notify the osteopath of that
suspension; and
(b) ensure that the matter is investigated as soon
as possible after that suspension.
Division 3--Formal and Informal Hearings
10 35. Establishment and notification of an informal
hearing
If the Board has determined that an informal
hearing be held into the professional conduct of a
registered osteopath under section 23 or 24, the
15 Board must--
(a) appoint a panel to hold the hearing; and
(b) fix a time and place for the hearing to be
held; and
(c) by registered post, serve a notice on the
20 osteopath which complies with section 37;
and
(d) serve notice on any complainant by
registered post under section 53(4)(a) and
(b).
25 36. Constitution of a panel for an informal hearing
(1) A panel appointed under section 35 is to consist of
not more than 3 persons--
(a) who are to be members of the Board; and
(b) of whom, at least 1 is to be a registered
30 osteopath.
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(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
5 (b) the Board is of the opinion that a person with
special expertise is required for the
hearing--
the Governor in Council may appoint persons who
are not members of the Board to fill the vacant
10 positions on the panel.
(3) A person who has undertaken a preliminary
investigation of the matter is not entitled to be a
member of the panel.
37. Notice of an informal hearing
15 A notice of an informal hearing under section 35
must--
(a) state the nature of the hearing and the
allegations made against the osteopath; and
(b) give the time and place of the hearing; and
20 (c) state that the osteopath may choose to have
the matter determined by a formal hearing
and state the differences between a formal
and informal hearing; and
(d) state that there is no right to legal
25 representation at the hearing, but that the
osteopath is entitled to be present and to
make submissions and to be accompanied by
another person, that the hearing is not open
to the public and list the possible findings
30 the panel can make or orders the panel can
give.
38. Conduct of an informal hearing
At an informal hearing--
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(a) the panel must hear and determine the matter
before it; and
(b) the osteopath who is the subject of the
hearing is entitled to be present, to make
5 submissions and to be accompanied by
another person but is not entitled to be
represented; and
(c) the proceedings of the hearing must not be
open to the public.
10 39. Findings and determinations of an informal hearing
(1) After considering all the submissions made to the
hearing the panel may find either--
(a) that the osteopath has, whether by act or
omission, engaged in unprofessional conduct
15 which is not of a serious nature; or
(b) that the osteopath has not engaged in
unprofessional conduct.
(2) If the panel finds that the osteopath has, whether
by act or omission, engaged in unprofessional
20 conduct which is not of a serious nature, the panel
may make one or more of the following
determinations--
(a) that the osteopath undergo counselling;
(b) that the osteopath be cautioned;
25 (c) that the osteopath be reprimanded.
40. Change of informal hearing to formal hearing during
course of hearing
If, before the end of the hearing--
(a) the osteopath who is the subject of the
30 hearing fails to attend the hearing without
good cause; or
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(b) the osteopath requests that a formal hearing
be held; or
(c) the panel is of the opinion that a formal
hearing should be held--
5 the panel must abandon the informal hearing and
refer the matter to a formal hearing.
41. Request for formal hearing upon completion of
informal hearing
Upon the completion of an informal hearing, the
10 osteopath who was the subject of the hearing may
request that a formal hearing be held to review
any findings and determinations of the informal
hearing.
42. Establishment and notification of formal hearing
15 If--
(a) the Board has determined that a formal
hearing be held under section 23 or 24 or has
referred a matter to a formal hearing under
section 31; or
20 (b) an osteopath has requested a formal hearing
under section 41; or
(c) a panel has referred a matter to a formal
hearing under section 40--
the Board must--
25 (d) appoint a panel to hold the hearing; and
(e) fix a time and place for the hearing to be
conducted; and
(f) serve a notice on the osteopath by registered
post which complies with section 44; and
30 (g) serve a notice on any complainant by
registered post under section 53(4)(a) and
(b).
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43. Constitution of a hearing panel for a formal hearing
(1) A panel appointed under section 42 must consist
of not less than 3 persons--
(a) who are to be members of the Board; and
5 (b) of whom 1 is to be a lawyer and at least 1 is
to be a registered osteopath.
(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
10 available to sit on it; or
(b) the Board is of the opinion that a person with
special expertise is required for the
hearing--
the Governor in Council may appoint persons who
15 are not members of the Board to fill the vacant
positions on the panel.
(3) The following people are not entitled to be
members of a panel for a formal hearing--
(a) a person who has undertaken a preliminary
20 investigation of the matter which is the
subject of the hearing;
(b) a person who has been a member of a panel
which held an informal hearing into the
matter.
25 44. Notice of a formal hearing
A notice of a formal hearing under section 42
must--
(a) state the nature of the hearing and the
allegations made against the osteopath; and
30 (b) give the time and place of the hearing; and
(c) state that there is a right to make submissions
and to be represented, that the hearing is
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open to the public, list the possible findings
the panel can make and state that there is a
right to apply for review of the panel's
findings.
5 45. Conduct of a formal hearing
At a formal hearing--
(a) the hearing panel must hear and determine
the matter before it; and
(b) the osteopath who is the subject of the
10 hearing is entitled to be present, to make
submissions and to be represented; and
(c) if the hearing arises out of a complaint, the
identity of the complainant is not to be
published or broadcast and the
15 complainant--
(i) in the case of a proceeding which has
not been closed under paragraph (d), is
entitled to be present; and
(ii) if not called as a witness, may make
20 submissions with the permission of the
Board; and
(d) the proceedings are to be open to the public
unless the panel determines that the
proceedings should be closed because the
25 hearing is taking evidence of intimate,
personal or financial matters and, if the panel
has determined that the proceedings are
closed, the panel may determine that the
identity of any witness giving evidence in
30 the proceedings is not to be published or
broadcast.
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46. Findings and determinations of a formal hearing into
conduct
(1) After considering all the submissions made to a
formal hearing into the professional conduct of a
5 registered osteopath the panel may find that--
(a) the osteopath has, whether by act or
omission, engaged in unprofessional conduct
of a serious nature; or
(b) the osteopath has, whether by act or
10 omission, engaged in unprofessional conduct
which is not of a serious nature; or
(c) the osteopath has not engaged in
unprofessional conduct.
(2) If the panel finds that the osteopath has, whether
15 by act or omission, engaged in unprofessional
conduct of a serious nature, the panel may make
one or more of the following determinations--
(a) require the osteopath to undergo counselling;
(b) caution the osteopath;
20 (c) reprimand the osteopath;
(d) require the osteopath to undertake further
education of the kind stated in the
determination and to complete it within the
period specified in the determination;
25 (e) impose conditions, limitations or restrictions
on the registration of the osteopath;
(f) impose a fine on the osteopath of not more
than $2000;
(g) suspend the registration of the osteopath for
30 the period specified in the determination;
(h) cancel the registration of the osteopath.
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(3) If the panel finds under sub-section (1)(b) that the
osteopath has, whether by act or omission,
engaged in unprofessional conduct which is not of
a serious nature, the panel may make any
5 determination which a panel at an informal
hearing is able to make upon making such a
finding.
(4) The panel must not impose a fine where the
conduct which is the subject of the finding has
10 resulted in a fine being imposed by another
tribunal or court of law.
(5) If the panel has made an order under sub-section
(2)(a) or (d) and the osteopath has not complied
with the order within the time specified in the
15 order, the Board may suspend the osteopath's
registration until the order is complied with.
47. Findings and determinations of a formal hearing into
ability to practise
(1) After considering all the submissions made to a
20 formal hearing into the ability to practise of a
registered osteopath, the panel may find that--
(a) the ability of the osteopath to practise is
affected because--
(i) of the physical or mental health of the
25 osteopath; or
(ii) the osteopath has an incapacity; or
(iii) the osteopath is an alcoholic or drug-
dependent person; or
(b) the ability of the osteopath is not affected.
30 (2) If the panel makes a finding under sub-section
(1)(a), the panel may make one or more of the
following determinations--
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(a) to impose conditions, limitations or
restrictions on the registration of the
osteopath;
(b) to suspend the registration of the osteopath
5 for the period and subject to the conditions,
limitations and restrictions, if any, specified
in the determination.
Division 4--General Provisions relating to Investigations
48. Procedure at formal and informal hearings
10 At a formal or informal hearing--
(a) subject to this Part, the procedure of a panel
is in its discretion; and
(b) the proceedings must be conducted with as
little formality and technicality as the
15 requirements of this Act and the proper
consideration of the matter permit; and
(c) a panel is not bound by rules of evidence but
may inform itself in any way it thinks fit;
and
20 (d) a panel is bound by the rules of natural
justice.
49. Powers of panel conducting a formal hearing
Sections 14, 15, 16 and 21A of the Evidence Act
1958 apply to a panel in the conduct of a formal
25 hearing as if it were a Board or the Chairman of a
Board appointed by the Governor in Council.
50. Determinations
(1) A determination made by a panel on a hearing
comes into operation on its making or at any later
30 time stated in the determination.
(2) A determination of a panel is to have effect as if it
were a determination of the Board.
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(3) If a fine is imposed by a panel it may be recovered
by the Board as a debt due to the Board.
51. Removal of suspension, condition, limitation or
restriction
5 (1) If the Board has suspended the registration of an
osteopath until the completion of a hearing and, at
the completion of the hearing, the panel
determines that the suspension should be
removed, the Board must remove the suspension.
10 (2) If a condition, limitation or restriction has been
imposed on the registration of an osteopath and, at
the completion of a hearing, the panel determines
that the condition, limitation or restriction should
be removed, the Board must remove that
15 condition, limitation or restriction.
52. Reasons for determinations of panel or Board
(1) A panel must give reasons for a determination
made under this Part to the osteopath who was the
subject of the determination within 28 days after
20 the making of the determination.
(2) A person affected by a determination of a panel
may apply to the panel for the reasons for that
determination.
(3) An application under sub-section (2) must be
25 made within 45 days after the making of the
determination and reasons must be given to the
applicant within 45 days after receiving the
application.
53. Notifications
30 (1) If a determination has been made by a panel--
(a) imposing conditions, limitations or
restrictions on the registration of an
osteopath; or
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(b) suspending the registration of an osteopath;
or
(c) cancelling the registration of an osteopath--
the Board must give notice of the determination--
5 (d) in the Government Gazette; and
(e) to the osteopathic registration authorities in
all other States or Territories of the
Commonwealth and in New Zealand; and
(f) to the Health Services Commissioner; and
10 (g) if the osteopath is an employee, to his or her
employer; and
(h) if the Board has received a request for
information about the person in respect of
whom the determination has been made from
15 an osteopathic registration authority outside
Australia, that authority.
(2) Notice under sub-section (1) must be given as
soon as possible after the determination has been
made.
20 (3) No action for defamation lies against the Board or
its members for giving a notice under this section.
(4) If a complaint has been made to the Board, the
Board must notify the complainant--
(a) of whether or not a formal or informal
25 hearing is to be conducted into the matter
and, if so, of the time and place of the
hearing and, in the case of a formal hearing,
of the fact that the complainant's identity is
not to be published or broadcast; and
30 (b) in the case of a formal or informal hearing,
of whether or not the complainant has any
right to make submissions at the hearing; and
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(c) of the findings and determinations of any
hearing arising from that complaint and the
reasons for those findings and
determinations, within 28 days after their
5 having been made.
54. Offence to disclose information identifying
complainant
A person must not publish or broadcast or cause
to be published or broadcast any report of a formal
10 hearing under this Part which contains
information which would enable--
(a) the complainant to be identified; or
(b) if the panel has made a determination
prohibiting the publication or broadcast of
15 the identity of a witness, that witness to be
identified--
unless the complainant or witness has, before
publication or broadcast, consented to this.
Penalty: 50 penalty units for a natural person or
20 100 penalty units for a body corporate.
55. Terms and conditions of appointment of panel
members
(1) A member of a panel, whether appointed by the
Board or the Governor in Council, is appointed on
25 the terms and conditions determined by the Board
for that member.
(2) A member of a panel, other than a member who is
an officer or employee of the public service within
the meaning of the Public Sector Management
30 Act 1992, is entitled to receive the fees that are
fixed from time to time by the Governor in
Council for members of panels.
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(3) A member of a panel is entitled to receive the
allowances that are fixed from time to time by the
Governor in Council.
(4) In fixing fees under sub-section (2), the Governor
5 in Council may fix different fees for different
classes of cases.
(5) The Governor in Council may fix fees and
allowances by reference to the regulations or
guidelines made under the Public Sector
10 Management Act 1992.
_______________
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PART 4--REVIEW BY ADMINISTRATIVE APPEALS
TRIBUNAL
56. Review by AAT
(1) Without limiting section 27 of the Administrative
5 Appeals Tribunal Act 1984 a person may apply
to the Administrative Appeals Tribunal for review
of--
(a) a decision to refuse a person's application for
registration or renewal of registration; or
10 (b) a decision to impose conditions, limitations
or restrictions on a person's registration; or
(c) a decision of the Board to suspend the
registration of a person, if the Board has not
instituted an investigation into the
15 professional conduct or ability to practise of
that person within a reasonable time after
having suspended that registration; or
(d) a finding or determination made at a formal
hearing under Part 3.
20 (2) The application must be made within 28 days after
the date on which the Board gives notice of the
decision or determination to the person concerned.
(3) If a provision of this section is inconsistent with a
provision of the Administrative Appeals
25 Tribunal Act 1984, the provision of this section
prevails.
57. Notification
If a decision or determination has been reviewed
by the Administrative Appeals Tribunal, the
30 Board must notify any person who was notified of
the
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original decision or determination of any change
to that decision or determination by the
Administrative Appeals Tribunal.
_______________
5
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PART 5--OFFENCES
58. Claims by persons as to registration
(1) A person who is not a registered osteopath must
not--
5 (a) take or use the title of registered osteopath or
any other title calculated to induce a belief
that the person is registered under this Act;
or
(b) claim to be registered under this Act or hold
10 himself or herself out as being registered
under this Act; or
(c) carry out any act which is required to be
carried out by a registered osteopath by or
under an Act; or
15 (d) claim to be qualified to practise as an
osteopath.
Penalty: 100 penalty units.
(2) A registered osteopath whose registration is
specific must not--
20 (a) take or use any title calculated to induce a
belief that the osteopath's registration is not
specific; or
(b) claim to have or hold himself or herself out
as having general registration.
25 Penalty: 50 penalty units.
(3) A registered osteopath whose registration is
subject to a condition, limitation or restriction
must not--
(a) take or use any title calculated to induce a
30 belief that the osteopath's registration is not
subject to a condition, limitation or
restriction; or
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(b) claim to have or hold himself or herself out
as having a registration which is not subject
to any condition, limitation or restriction.
Penalty: 50 penalty units.
5 (4) A person must not hold out another person as
being registered under this Act if the person
knows or ought reasonably to know that the other
person is not so registered.
Penalty: 100 penalty units.
10 59. Fraud, forgery etc.
A person must not--
(a) fraudulently or by false representation or
declaration (either orally or in writing)
obtain registration under this Act; or
15 (b) fraudulently or by false representation (either
orally or in writing) procure any person to be
registered under this Act; or
(c) forge, counterfeit or alter any certificate of
registration under this Act or any degree,
20 diploma or other evidence of qualifications
for registration under this Act; or
(d) aid in the commission of an offence under
paragraph (a), (b) or (c).
Penalty: 100 penalty units or imprisonment for a
25 period of 2 years or both.
60. Advertising
(1) A person must not advertise an osteopathic
practice or osteopathic services in a manner
which--
30 (a) is or is intended to be false, misleading or
deceptive; or
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(b) offers a discount, gift or other inducement to
attract patients to an osteopath or
osteopathic practice unless the advertisement
also sets out the terms and conditions of that
5 offer; or
(c) refers to, uses or quotes from testimonials or
purported testimonials; or
(d) unfavourably contrasts osteopathic services
provided by an osteopath or osteopathic
10 practice with services provided by another
osteopath or osteopathic practice.
Penalty: 50 penalty units for a natural person or
100 penalty units for a body corporate.
(2) If a body corporate contravenes sub-section (1),
15 any person who is concerned in or takes part in
the management of that body corporate who was,
in any way, by act or omission, directly or
indirectly, knowingly concerned in or party to the
commission of the offence also commits an
20 offence under sub-section (1) and is liable for the
penalty applicable to a natural person for that
offence.
(3) A person who, in good faith, publishes or prints
an advertisement which contravenes sub-section
25 (1) on behalf of another person, is not guilty of an
offence under that sub-section.
_______________
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PART 6--ADMINISTRATION
61. Establishment of Board
(1) There is established a Board to be called the
Osteopaths Registration Board of Victoria.
5 (2) The Board--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name;
10 and
(d) may acquire, hold and dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
body corporate may, by law, do and suffer.
15 (3) The common seal must be kept as directed by the
Board and must not be used except as authorised
by the Board.
(4) All courts must take judicial notice of the seal of
the Board on a document and, until the contrary is
20 proved, must presume that the document was
properly sealed.
62. Powers, functions and consultation requirements
(1) The Board has the following functions--
(a) to register persons who comply with the
25 requirements of this Act as to registration so
that they may practise osteopathy in
Victoria;
(b) to accredit courses which provide
qualifications for registration and practice as
30 osteopaths;
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(c) to regulate the standards of practice of
osteopathy;
(d) to investigate the professional conduct or
fitness to practise of registered osteopaths
5 and impose sanctions where necessary;
(e) to issue guidelines about appropriate
standards of osteopathic practice;
(f) to advise the Minister on any matters relating
to its functions;
10 (g) when so requested by the Minister, give to
the Minister any information reasonably
required by the Minister;
(h) any other functions conferred on the Board
by this Act.
15 (2) The Board has all the powers necessary to enable
it to perform its functions.
(3) The Board must consult with the Minister and
have regard to the Minister's advice in carrying
out its functions and exercising its powers.
20 63. Membership of the Board
(1) The Board consists of 7 members nominated by
the Minister and appointed by the Governor in
Council.
(2) Of the persons appointed to the Board--
25 (a) 4 must be registered osteopaths; and
(b) one must be a lawyer; and
(c) 2 must be persons who are not osteopaths;
64. Terms of office
(1) A member of the Board holds office for not more
30 than 3 years from the date of his or her
appointment.
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(2) A member of the Board is eligible for
reappointment.
(3) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
5 not apply to a member in respect of the office of
member.
65. Resignation and removal
(1) A member of the Board ceases to be a member if
he or she is absent, without leave first being
10 granted by the Board, from 3 consecutive
meetings of which reasonable notice has been
given to that member, either personally or by post.
(2) A member of the Board may resign the office of
member by writing signed by the member and
15 addressed to the Governor in Council.
(3) The Governor in Council may at any time remove
a member of the Board from office.
(4) If a member of the Board dies, resigns or is
removed from office, the Governor in Council
20 may, in accordance with this Act, on the
recommendation of the Minister, fill the vacant
office.
(5) A member appointed under sub-section (4) holds
office for the rest of the term of appointment of
25 the member whose place he or she fills.
66. President and Deputy President
(1) The Governor in Council may appoint members of
the Board who are registered osteopaths to be
President and Deputy President of the Board.
30 (2) A person appointed to an office under sub-section
(1) holds office for the term specified in his or her
instrument of appointment and is eligible for
reappointment.
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(3) A person appointed to an office under sub-section
(1) may resign that office by writing signed by the
person and addressed to the Governor in Council.
(4) The Governor in Council may at any time remove
5 a person appointed under sub-section (1) from
office.
(5) A person appointed to an office under sub-section
(1) ceases to hold that office on ceasing to be a
member of the Board.
10 67. Acting member
(1) If a member of the Board is unable to perform the
duties or functions of the office, the Governor in
Council may appoint a person qualified to be
appointed as that member to act as the member
15 during the period of inability.
(2) The Governor in Council--
(a) subject to this Act, may determine the terms
and conditions of appointment of an acting
member; and
20 (b) may at any time terminate the appointment.
(3) While the appointment of an acting member
remains in force, the acting member has and may
exercise all the powers and perform all the duties
and functions of the member.
25 68. Payment of members
(1) A member or acting member of the Board, other
than a member who is an officer or employee of
the public service within the meaning of the
Public Sector Management Act 1992, is entitled
30 to receive the fees that are fixed from time to time
by the Governor in Council for that member.
(2) Each member or acting member of the Board is
entitled to receive the allowances that are fixed
from time to time by the Governor in Council.
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(3) The Governor in Council may fix these fees or
allowances by reference to regulations or
guidelines made under the Public Sector
Management Act 1992.
5 69. Procedure of Board
(1) The President or, in the absence of the President,
the Deputy President must preside at a meeting of
the Board at which he or she is present.
(2) If neither the President nor Deputy President are
10 present at a meeting the members present may
elect a member to preside at the meeting.
(3) The person presiding at a meeting has a
deliberative vote and a second or casting vote.
(4) A majority of the members of the Board currently
15 holding office constitutes a quorum.
(5) Subject to this Act, the Board may regulate its
own proceedings.
70. Member's interests
(1) A member who has a pecuniary or other interest in
20 any matter in which the Board is concerned
must--
(a) if the member is present at a meeting of the
Board at which the matter is to be
considered, disclose the nature of the interest
25 immediately before the consideration of that
matter; or
(b) if the member is aware that the matter is to
be considered at a meeting of the Board at
which the member does not intend to be
30 present, disclose the nature of the interest to
the President or Deputy President of the
Board before the meeting is held.
(2) The member--
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(a) may take part in the discussion in the
meeting; and
(b) must leave the meeting while any vote is
taken on a question relating to the matter.
5 71. Resolutions without meetings
(1) If--
(a) the Board has taken reasonable steps to give
notice to each member setting out the terms
of a proposed resolution; and
10 (b) a majority of the members for the time being
sign a document containing a statement that
they are in favour of the resolution in the
terms set out in the document--
a resolution in those terms is deemed to have been
15 passed at a meeting of the Board held on the day
on which the document is signed or, if the
members referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
those members signs the document.
20 (2) If a resolution is, under sub-section (1), deemed to
have been passed at a meeting of the Board, each
member must as soon as practicable be advised of
the matter and given a copy of the resolution.
(3) For the purposes of sub-section (1), 2 or more
25 separate documents containing a statement in
identical terms, each of which is signed by one or
more members, are deemed to constitute one
document.
(4) The majority of members referred to in sub-
30 section (1)(b) must not include a member who,
because of section 70, is not entitled to vote on the
resolution.
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(5) This section does not apply to any resolution of
the Board relating to a matter being considered
under Part 3.
72. Approved methods of communication for Board
5 (1) If not less than two thirds of the members of the
Board for the time being holding office so agree, a
meeting of the Board may be held by means of a
method of communication, or by means of a
combination of methods of communication,
10 approved by the President of the Board for the
purposes of that meeting.
(2) For the purposes of this Part, a member of the
Board who participates in a meeting held as
permitted by sub-section (1) is present at the
15 meeting even if he or she is not physically present
at the same place as another member participating
in the meeting.
(3) This section--
(a) applies to a meeting or a part of a meeting;
20 (b) does not apply to a meeting conducted for
the purposes of Part 3.
73. Effect of vacancy or defect
An act or decision of the Board is not invalid only
because--
25 (a) of a vacancy in its membership; or
(b) of a defect or irregularity in the appointment
of any of its members; or
(c) in the case of an acting member, the
occasion for that member so acting had not
30 arisen or had ceased.
74. Immunity
(1) A member of the Board or person responsible for
keeping the register is not personally liable for
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anything done or omitted to be done in good faith
and without negligence--
(a) in the exercise of a power or the discharge of
a duty under this Act; or
5 (b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act.
(2) Any liability resulting from an act or omission
that would, but for sub-section (1), attach to a
10 member of the Board or the person responsible for
keeping the register attaches instead to the Board.
75. Staff
The Board may employ a person to be responsible
for maintaining the register and any other persons
15 that are necessary for the purposes of
administering this Act.
76. Delegation
The Board may, in writing, delegate to--
(a) a member of the Board; or
20 (b) the person responsible for maintaining the
register or any other member of the staff of
the Board--
its powers and functions under this Act, other
than--
25 (c) the power to refuse to grant or refuse to
renew registration; or
(d) the power to impose or to amend, vary or
revoke conditions, limitations or restrictions
on registration; or
30 (e) the power to conduct any hearing or to make
any determination under Part 2 or Part 3; or
(f) this power to delegate.
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_______________
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PART 7--REPORTING AND FINANCIAL PROVISIONS
77. Osteopaths Registration Board Fund
(1) The Board must establish and keep an Osteopaths
Registration Board Fund.
5 (2) All fees, fines and penalties paid or recovered by
the Board under this Act must be paid into the
Fund.
(3) The Board must pay any other money received by
it into the Fund, including income from the
10 investments of the Fund.
(4) Out of the Fund, the Board must pay--
(a) the expenses incurred by it in carrying out its
functions, powers and duties; and
(b) any other expenses incurred in the
15 administration of this Act; and
(c) any payments to be made to members of the
Board under this Act and any payments to be
made to other persons under this Act; and
(d) any other payments recommended by the
20 Board and approved by the Minister.
78. Investment powers
The Board may invest money credited to the Fund
that it does not immediately require--
(a) in any manner in which money may be
25 invested under the Trustee Act 1958; or
(b) in any other manner that the Minister
approves.
79. Repayment of advances
(1) The Board must pay into the public account the
30 amounts that the Minister administering section
14 of the Financial Management Act 1994, in
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consultation with the Treasurer, determines are
required to repay advances from the Public
Account for the establishment and operation of the
Board, including costs incurred before the
5 establishment of the Board to ensure that, when
established, it can operate in a fully effective way.
(2) Payments under sub-section (1) must be made in
accordance with any other terms and conditions
from time to time determined by the Minister
10 administering section 14 of the Financial
Management Act 1994 in consultation with the
Treasurer.
(3) The Board must, as and when directed to do so by
the Minister administering section 14 of the
15 Financial Management Act 1994, provide a plan
for the repayment of advances referred to in sub-
section (1).
(4) The Board must, at least once in each period of 6
months after the commencement of this section,
20 and at any other time that the Minister
administering section 14 of the Financial
Management Act 1994 directs it to do so, report
to that Minister in writing on its progress in
making payments under sub-section (1).
25 _______________
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PART 8--ENFORCEMENT AND SUPPLEMENTARY
POWERS
80. Proceedings for offences
(1) The person responsible for maintaining the
5 register or any other officer authorised by the
Board may take proceedings under this Act in the
name of the Board.
(2) Any prosecution instituted in the name of the
Board must, in the absence of evidence to the
10 contrary, be taken to have been instituted by the
Board.
81. Identification
(1) The Board must issue an identification card to
each person appointed by the Board to apply for
15 or execute search warrants for the purposes of this
Act.
(2) A person appointed by the Board must, in the
course of performing his or her functions under
this Act, produce his or her identification card to
20 any person who requests its production.
82. Powers of entry with warrant
(1) A person appointed for that purpose by the Board
may apply to a magistrate for the issue of a search
warrant in relation to particular premises if that
25 person believes, on reasonable grounds--
(a) that there is or has been a contravention of
this Act or the regulations on the premises;
or
(b) that entry into or onto the premises is
30 necessary for the purpose of investigating a
complaint made under this Act which, if
substantiated, may provide grounds for the
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suspension or cancellation of registration of
a registered osteopath.
(2) If a magistrate is satisfied by evidence on oath,
whether oral or by affidavit, that there are
5 reasonable grounds for suspecting that there is on
the premises a particular thing that may be
evidence of the commission of an offence against
this Act or the regulations or of grounds for the
suspension or cancellation of the registration of an
10 osteopath, the magistrate may issue a search
warrant authorising any person named in the
warrant--
(a) to enter the premises, or the part of the
premises, named or described in the warrant;
15 and
(b) to search for and seize a thing named or
described in the warrant; and
(c) to bring the thing before the Court so that the
matter may be dealt with according to law.
20 (3) In addition to any other requirement, a search
warrant issued for the purposes of this section
must state--
(a) the offence or grounds of suspension or
cancellation suspected; and
25 (b) the premises to be searched; and
(c) a description of the thing to be searched for;
and
(d) any conditions to which the warrant is
subject; and
30 (e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
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(4) A search warrant must be issued in accordance
with the Magistrates' Courts Act 1989 and in a
form prescribed under that Act.
(5) The rules to be observed with respect to search
5 warrants mentioned in the Magistrates' Courts
Act 1989 extend and apply to warrants under this
section.
83. Announcement before entry
(1) Immediately before executing a search warrant, a
10 person named in the warrant must announce that
he or she is authorised by the warrant to enter the
premises.
(2) The person need not comply with sub-section (1)
if he or she believes on reasonable grounds that
15 immediate entry to the premises is required to
ensure the safety of any person or that the
effective execution of the search warrant is not
frustrated.
84. Copy of warrant to be given to occupier
20 If the occupier or another person who apparently
represents the occupier is present at premises
when a search warrant is being executed, the
person or persons named in the warrant must--
(a) identify themselves to that person by
25 producing their identification card for
inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
85. Copies or receipts to be given
30 (1) If a person seizes--
(a) a document, disk or tape or other thing that
can be readily copied; or
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(b) a storage device the information in which
can be readily copied--
under a warrant the person, on request by the
occupier, must give a copy of the thing or
5 information to the occupier as soon as practicable
after the seizure.
(2) If a person seizes a thing under a warrant and has
not provided a copy of the thing or information
under sub-section (1) the person must provide a
10 receipt for that thing as soon as practicable after
the seizure.
86. Powers of Board in relation to fees
(1) In the case of any fee which the Board is
empowered to fix under this Act--
15 (a) the Board must fix the fee for a period of 12
months and may amend or vary the fee at the
end of that period; and
(b) the Board may fix a different fee for a
different case and may allow for the
20 reduction, waiver or refund, in whole or in
part, of any fee; and
(c) the Board must publish any fee it has fixed
in a newspaper circulating generally
throughout Victoria and in the Government
25 Gazette.
(2) In fixing fees under this Act the Board is entitled
to ensure that the amount of money collected in
fees under this Act is sufficient to cover the cost
to the Board of administering this Act.
30 _______________
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PART 9--REGULATIONS
87. Supreme Court--Limitation of jurisdiction
It is the intention of this section to alter or vary
section 85 of the Constitution Act 1975 to the
5 extent necessary to prevent the bringing before the
Supreme Court of actions of the kind referred to in
section 53.
88. Regulations
(1) The Governor in Council may make regulations
10 for or with respect to--
(a) registration, including periods of
registration, and renewal of registration, and
applications for registration and renewal of
registration;
15 (b) the register, including particulars to be noted
on the register and the manner of keeping the
register;
(c) forms for the purposes of this Act;
(d) time limits for the purposes of this Act;
20 (e) penalties, not exceeding 10 penalty units, for
breaches of the regulations;
(f) any matter or thing required or permitted to
be prescribed or necessary to be prescribed
to give effect to this Act.
25 (2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may apply, adopt or incorporate any matter
30 contained in any document, code, standard,
rule, specification, or method, formulated,
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issued, prescribed or published by any
person whether--
(i) wholly or partially or as amended by
the regulations; or
5 (ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
10 (d) may leave anything for the approval or
satisfaction of a specified person.
_______________
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PART 10--SAVINGS AND AMENDMENTS
89. Definitions
In this Part--
"new Board" means the Osteopaths Registration
5 Board of Victoria established under this Act;
"old Act" means the Chiropractors and
Osteopaths Act 1978 as in force
immediately before its repeal by the
Chiropractors Registration Act 1996;
10 "old Board" means the Chiropractors and
Osteopaths Registration Board of Victoria
established under the old Act.
90. Transfer of assets of old Board
(1) Any rights, assets, liabilities and obligations of the
15 old Board, immediately before its abolition, that
the Minister determines should become rights,
assets, liabilities and obligations of the new Board
become assets, liabilities and obligations of the
new Board on the date determined by the
20 Minister.
(2) In making a determination under sub-section (1),
the Minister must take into consideration the
number of osteopaths deemed to be registered
under section 93 compared to the number of
25 chiropractors and osteopaths registered under the
old Act immediately before the commencement of
this section.
(3) On and from the date determined by the Minister
under sub-section (1), the assets that become
30 assets of the new Board under sub-section (1)--
(a) if they are moneys or amounts standing to
the credit of any fund or account of the old
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Board, must be taken to form part of the
Osteopaths Registration Board Fund; and
(b) if they are assets in which the funds of the
old Board have been invested, must be taken
5 to be investments of the Osteopaths
Registration Board Fund.
(4) The Minister, by notice published in the
Government Gazette, may make a determination
for the purposes of sub-section (1).
10 91. Proceedings before the old Board
(1) If an investigation or inquiry into the activities of
a person who is deemed by section 93 to be a
registered osteopath under this Act has
commenced but not been completed before the
15 commencement of Part 3 of this Act--
(a) that investigation or inquiry may be
completed on and after that date; and
(b) any appeal or other further proceedings
which might have been taken in relation to
20 that investigation or inquiry under the old
Act might be taken on and after that date--
by the old Board as if this Act had not been
enacted.
(2) The new Board must give effect to a decision
25 made on an inquiry, investigation or appeal to
which sub-section (1) applies as if it were a
decision under this Act.
92. Application of this Act to conduct occurring before
commencement of this Act
30 (1) In the case of activities of a person who is deemed
by section 93 to be a registered osteopath under
this Act which occurred before the
commencement of Part 3 and in respect of which
no proceedings have been commenced under the
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old Act, this Act applies to the extent that there
was power to conduct an inquiry under section 13
or 13A of the old Act into those activities.
(2) Any determination or outcome of a hearing into
5 those activities must be one which would have
been available as a finding or decision in an
inquiry by the Board under the old Act.
(3) This section does not apply to activities which are
the subject of proceedings to which section 91
10 applies.
93. Existing registrations
(1) A person who was registered as a chiropractor and
osteopath under the old Act immediately before
the commencement of Part 2 of this Act and to
15 whom sub-section (3) does not apply whose
registration was endorsed to the effect that the
person may use the title "osteopath" is deemed to
have general registration under this Act.
(2) A person who was registered as a chiropractor and
20 osteopath under the old Act immediately before
the commencement of Part 2 of this Act--
(a) whose registration was endorsed to the effect
that the person may use the titles
"chiropractor" and "osteopath"; and
25 (b) who makes an election to the new Board to
be registered in accordance this section; and
(c) whose registration was in force at the time of
that election; and
(d) to whom sub-section (3) does not apply--
30 is deemed to have general registration under this
Act from the date of making that election.
(3) A person who held temporary registration to
practise as an osteopath under section 9 of the old
Act immediately before the commencement of
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Part 2 of this Act, is deemed to hold specific
registration under this Act and that registration is
deemed to be subject to the same conditions,
limitations and restrictions including the period of
5 registration as those which applied to that
registration under the old Act.
(4) If a person is deemed to be registered under this
section and the registration of that person under
the old Act, immediately before the
10 commencement of this section, was suspended,
the registration of that person under this Act is
deemed to be suspended for the remainder of the
period for which that person's registration would
have been suspended under the old Act.
15 (5) If a person is deemed to be registered under this
section and the registration of that person under
the old Act, immediately before the
commencement of this section, was subject to
conditions, limitations or restrictions, the
20 registration of that person under this Act is
deemed to be subject to the same conditions,
limitations or restrictions as those to which the
registration under the old Act was subject.
(6) The registration of a person who is deemed to be
25 registered under this section expires (unless
sooner cancelled) at the end of the period for
which the person was registered under the old
Act.
94. References
30 In--
(a) an Act; or
(b) a subordinate instrument within the meaning
of the Interpretation of Legislation Act
1984--
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in relation to any period occurring on or after the
commencement of this section, and unless
inconsistent with the context or subject matter, a
reference to--
5 (d) a chiropractor and osteopath registered under
the old Act who is deemed by section 93 to
be registered under this Act is to be taken to
be a reference to a registered osteopath under
this Act; and
10 (e) the old Board in relation to an osteopath is to
be taken to be a reference to the new Board.
95. Amendment of Health Services (Conciliation and
Review) Act 1987
In the Schedule to the Health Services
15 (Conciliation and Review) Act 1987, after
"Optometrists Registration Board" insert
"Osteopaths Registration Board of Victoria".
96. Amendment of Medical Practice Act 1994
In section 37(2) of the Medical Practice Act
20 1994 after paragraph (f) insert--
"(fa) an osteopath registered under the
Osteopaths Registration Act 1996".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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