Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Physiotherapists Registration Act 1998
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 6
6. General registration 6
7. Specific registration 8
8. Entitlement of applicant to make submissions 9
9. Notification of outcome of application 10
10. Duration and renewal of registration 10
11. Application for renewal of and refusal to renew registration 11
12. Restoration of name to the register 12
13. Effect of suspension of registration 12
14. Registration obtained by fraud 12
Division 2--The Register 13
15. The Register 13
16. Certificates 14
17. Use of certificate as evidence 14
18. Requirement to notify the Board of change of address 14
PART 3--INVESTIGATIONS INTO REGISTERED
PHYSIOTHERAPISTS 16
Division 1--Preliminary investigations into professional conduct 16
19. Complaints about the professional conduct of physiotherapists 16
20. When complaints about professional conduct are to be
investigated by Health Services Commissioner 16
21. When complaints about professional conduct are to be
investigated by the Board 17
i
532079B.I1-21/4/98
Clause Page
22. Outcome of preliminary investigation 17
23. Board may institute a hearing into professional conduct 18
24. Suspension of registration upon commencement of investigation 18
Division 2--Preliminary investigation into the health of registered
physiotherapists 19
25. Commencement of preliminary investigation 19
26. Notification to physiotherapist 19
27. Medical examination 20
28. Report of examination 20
29. Outcome of preliminary investigation 21
30. Referral to formal hearing 21
31. Request for conditions, limitations or restrictions 22
32. Revocation of suspension of registration or condition, limitation
or restriction imposed on registration 22
33. Immediate suspension of registration 23
Division 3--Formal and Informal Hearings 23
34. Establishment and notification of an informal hearing 23
35. Constitution of a panel for an informal hearing 24
36. Notice of an informal hearing 24
37. Conduct of an informal hearing 25
38. Findings and determinations of an informal hearing 25
39. Change of informal hearing to formal hearing during course of
hearing 26
40. Request for formal hearing upon completion of informal hearing 26
41. Establishment and notification of formal hearing 26
42. Constitution of a hearing panel for a formal hearing 27
43. Notice of a formal hearing 28
44. Conduct of a formal hearing 28
45. Findings and determinations of a formal hearing into conduct 29
46. Findings and determinations of a formal hearing into ability to
practise 30
Division 4--General Provisions relating to Investigations 31
47. Procedure at formal and informal hearings 31
48. Powers of panel conducting a formal hearing 32
49. Determinations 32
50. Removal of suspension, condition, limitation or restriction 32
51. Reasons for determinations of panel or Board 33
52. Notifications 33
53. Offence to disclose information identifying complainant 34
54. Terms and conditions of appointment of panel members 35
PART 4--REVIEW BY ADMINISTRATIVE APPEALS
TRIBUNAL 37
ii
532079B.I1-21/4/98
Clause Page
55. Review by AAT 37
56. Notification 37
PART 5--OFFENCES 39
57. Claims by persons as to registration 39
58. Fraud, forgery etc. 40
59. Advertising 41
PART 6--ADMINISTRATION 42
60. Establishment of Board 42
61. Powers, functions and consultation requirements 42
62. Membership of the Board 43
63. Terms of office 44
64. Resignation and removal 44
65. President and Deputy President 45
66. Acting member 45
67. Payment of members 46
68. Procedure of Board 46
69. Member's interests 46
70. Resolutions without meetings 47
71. Approved methods of communication for Board 48
72. Effect of vacancy or defect 48
73. Immunity 49
74. Staff 49
75. Delegation 49
PART 7--REPORTING AND FINANCIAL PROVISIONS 51
76. Physiotherapists Registration Board Fund 51
77. Investment powers 51
78. Repayment of advances 51
PART 8--ENFORCEMENT AND SUPPLEMENTARY POWERS 53
79. Proceedings for offences 53
80. Identification 53
81. Powers of entry with warrant 53
82. Announcement before entry 55
83. Copy of warrant to be given to occupier 55
84. Copies or receipts to be given 55
85. Powers of Board in relation to fees 56
PART 9--MISCELLANEOUS 57
86. Supreme Court--limitation of jurisdiction 57
87. Regulations 57
iii
532079B.I1-21/4/98
Clause Page
PART 10--SAVINGS, TRANSITIONAL AND REPEAL 59
88. Definitions 59
89. Repeal 59
90. New Board succeeds old Board 59
91. Proceedings before the old Board 60
92. Application of this Act to conduct occurring before
commencement of this Act 60
93. Existing registrations 61
94. References 62
95. Preparation of annual report 62
NOTES 63
iv
532079B.I1-21/4/98
PARLIAMENT OF VICTORIA
A BILL
to make further provision for the registration of physiotherapists
and investigations into the professional conduct and fitness to
practise of registered physiotherapists, to regulate the
advertising of physiotherapy services, to establish a new
Physiotherapists Registration Board of Victoria and a
Physiotherapists Registration Board Fund, to repeal the
Physiotherapists Act 1978 and for other purposes.
Physiotherapists Registration Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
1
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 2
Act No.
(a) to protect the public by providing for the
registration of physiotherapists and
investigations into the professional conduct
and fitness to practise of registered
5 physiotherapists; and
(b) to regulate the advertising of physiotherapy
services; and
(c) to establish the Physiotherapists Registration
Board of Victoria and the Physiotherapists
10 Registration Board Fund; and
(d) to repeal the Physiotherapists Act 1978;
and
(e) to provide for other related matters.
2. Commencement
15 (1) This Part comes 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
day or days to be proclaimed.
20 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1999, it
comes into operation on that day.
3. Definitions
In this Act--
25 "Administrative Appeals Tribunal" means the
Administrative Appeals Tribunal established
under the Administrative Appeals
Tribunal Act 1984;
"alcoholic" has the same meaning as in the
30 Alcoholics and Drug-dependent Persons
Act 1968;
"Board" means the Physiotherapists Registration
Board of Victoria established under Part 6;
2
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 3
Act No.
"drug-dependent person" has the same meaning
as in the Alcoholics and Drug-dependent
Persons Act 1968;
"Fund" means the Physiotherapists Registration
5 Board Fund established under Part 7;
"Health Services Commissioner" means the
Health Services Commissioner within the
meaning of the Health Services
(Conciliation and Review) Act 1987;
10 "lawyer" means a person admitted to practise as
a barrister and solicitor of the Supreme
Court;
"register" means the register of physiotherapists
kept under Part 2;
15 "registered medical practitioner" means a
registered medical practitioner within the
meaning of the Medical Practice Act 1994;
"registered physiotherapist" means a person
registered under Part 2, whether or not the
20 registration of that person is general or
specific;
"unprofessional conduct" means all or any of
the following--
(a) professional conduct which is of a
25 lesser standard than that which the
public might reasonably expect of a
registered physiotherapist; or
(b) professional conduct which is of a
lesser standard than that which might
30 reasonably be expected of a
physiotherapist by his or her peers; or
(c) professional misconduct; or
(d) infamous conduct in a professional
respect; or
3
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 3
Act No.
(e) providing a person with health services
of a kind that is excessive, unnecessary
or not reasonably required for that
person's well-being; or
5 (f) influencing or attempting to influence
the conduct of a physiotherapy practice
in such a way that patient care may be
compromised; or
(g) the failure to act as a physiotherapist
10 when required under an Act or
regulations to do so; or
(h) a finding of guilt of--
(i) an indictable offence in Victoria,
or an equivalent offence in
15 another jurisdiction; or
(ii) an offence where the
physiotherapist's ability to
continue to practise is likely to be
affected because of the finding of
20 guilt or where it is not in the
public interest to allow the
physiotherapist to continue to
practise because of the finding of
guilt; or
25 (iii) an offence under this Act or the
regulations; or
(iv) an offence as a physiotherapist
under any other Act or
regulations.
30 _______________
4
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 4
Act No.
PART 2--REGISTRATION
Division 1--Procedure for Obtaining Registration
4. Application for registration
(1) A natural person may apply to the Board for
5 registration as a physiotherapist.
(2) An application must be--
(a) in writing and contain the prescribed
information; and
(b) accompanied by evidence of the
10 qualifications which the applicant claims
entitle him or her to the type of registration
applied for; and
(c) accompanied by evidence satisfactory to the
Board that the applicant has, or will have at
15 the time of commencing to engage in
physiotherapy practice, insurance against
civil liability in connection with that
practice; and
(d) accompanied by the fee fixed by the Board.
20 (3) The Board--
(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
25 application be verified by a declaration under
section 107 of the Evidence Act 1958; and
(c) may require proof of identity of the person
making the application.
5
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 5
Act No.
5. Qualifications for general registration
A person is qualified for general registration as a
physiotherapist if that person--
(a) has successfully completed a course of study
5 approved by the Board; or
(b) in the opinion of the Board, has a
qualification that is substantially equivalent
or is based on similar competencies to a
course of study approved by the Board; or
10 (c) has passed an examination set by or on
behalf of the Board; or
(d) has a qualification that is recognised in
another State or Territory of the
Commonwealth for the purposes of
15 undertaking work of a similar nature to that
which a person, holding a qualification to
which paragraph (a), (b) or (c) applies, is
qualified to undertake.
6. General registration
20 (1) The Board must grant general registration as a
physiotherapist to an applicant, if--
(a) the applicant is qualified for registration
under section 5; and
(b) there are no grounds under sub-section (2)
25 under which the Board may refuse to grant
registration to the applicant; and
(c) the circumstances are such that section 7
does not apply; and
(d) the applicant has provided the evidence
30 required under section 4(2)(c);
6
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 6
Act No.
(e) the applicant has paid the fee fixed by the
Board under section 4(2)(d).
(2) The Board may refuse to grant registration to an
applicant on any one or more of the following
5 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
physiotherapist;
10 (b) that the applicant is unfit to practise as a
registered physiotherapist because he or she
is an alcoholic or drug-dependent person;
(c) that the applicant has been found guilty of an
indictable offence in Victoria or an
15 equivalent offence in another jurisdiction;
(d) that the applicant has been found guilty of an
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
20 public interest to allow the applicant to
practise because of the finding of guilt;
(e) that the applicant has previously been
registered under this Act or the
Physiotherapists Act 1978 and during the
25 course of that registration has had
proceedings under Part 3 or similar
proceedings under the Physiotherapists Act
1978 brought against him or her and those
proceedings have never been finalised;
30 (f) that, in the opinion of the Board, the
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 physiotherapist;
7
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 7
Act No.
(g) that the applicant's competency in speaking
or communicating in English is not sufficient
for that person to practise as a registered
physiotherapist;
5 (h) that the applicant has previously held a right
to practise as a physiotherapist in another
State or Territory or another country, being
the equivalent of registration as a
physiotherapist under this Act, and that right
10 has been cancelled or suspended and not
restored because of conduct which, if
committed within Victoria, would entitle the
Board to suspend or cancel the registration.
(3) A grant of registration under this section is subject
15 to--
(a) a condition that the physiotherapist must
obtain or maintain insurance against civil
liability in connection with the practice of
physiotherapy before commencing that
20 practice;
(b) any other conditions, limitations or
restrictions that the Board thinks fit.
(4) The Board may, upon application by the
registered physiotherapist, amend, vary or revoke
25 any condition, limitation or restriction imposed
under sub-section (3).
7. Specific registration
(1) The Board may grant or refuse to grant specific
registration as a physiotherapist to an applicant if
30 the applicant holds qualifications in physiotherapy
which do not qualify that applicant for general
registration--
(a) to enable that applicant to undertake
supervised study or training or a course
8
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 8
Act No.
approved by the Board at a tertiary
institution; or
(b) to enable that applicant to fill a teaching or
research position in physiotherapy at a
5 tertiary 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
physiotherapist for a limited period with the
10 prior permission of the Board.
(2) A grant of specific registration under this section
is subject to--
(a) a condition that the period of registration
must not exceed 12 months;
15 (b) a condition that the physiotherapist must
obtain or maintain insurance against civil
liability in connection with the practice of
physiotherapy before commencing that
practice;
20 (c) any other conditions, limitations or
restrictions imposed by the Board.
(3) The Board may of its own motion, or upon
application by the physiotherapist granted specific
registration, amend, vary or revoke any condition,
25 limitation or restriction imposed under sub-section
(2)(b) or (c).
8. Entitlement of applicant to make submissions
(1) If the Board is proposing to refuse an application
for registration or to impose conditions,
30 limitations or restrictions on the registration of an
applicant, the Board must not do so until--
(a) it has given the applicant notice of this
proposal; and
9
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 9
10
Act No.
(b) it has given the applicant an opportunity to
make submissions to the Board about the
proposal.
(2) Sub-section (1) does not apply to a condition
5 referred to in section 6(3)(a) or 7(2)(a) or (b).
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
10 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 the
15 conditions that are imposed by this
Part; and
(ii) whether or not any other conditions,
limitations or restrictions have been
imposed on the registration and, if so,
20 the reasons for imposing those
conditions, limitations or restrictions;
or
(b) if the registration has not been granted--
(i) the reasons why it has not been granted;
25 and
(ii) a statement that the applicant has a
right to obtain a review of the decision
not to grant registration.
10. Duration and renewal of registration
10
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
Act No.
The registration of a physiotherapist which is not
specific or renewal of such registration continues
in force until 31 December next following the
grant or renewal of registration.
5 11. Application for renewal of and refusal to renew
registration
(1) An application for renewal of registration which is
not specific--
(a) must be made to the Board before the
10 existing registration expires; and
(b) must be accompanied by--
(i) if the applicant proposes to engage in
physiotherapy practice, satisfactory
evidence that the applicant has,
15 insurance against civil liability in
connection with that practice; and
(ii) the fee fixed by the Board.
(2) If a person does not apply for renewal of
registration before the end of the existing
20 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
fixed by the Board which must not be more than
25 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
the end of that period of 3 months, that person has
30 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--
11
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 12
Act No.
(a) if the Board is satisfied that the applicant for
renewal has not had sufficient physiotherapy
experience in the preceding 5 years to be
able to practise as a physiotherapist; or
5 (b) on any ground on 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)--
10 (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
for that purpose within that period--
15 the Board may restore that person's name to the
register.
13. Effect of suspension of registration
For the purposes of this Act, a physiotherapist
whose registration is suspended is deemed to be
20 not registered for the period of that suspension.
14. Registration obtained by fraud
(1) If the Board believes that the registration of a
physiotherapist has been obtained by fraud or
misrepresentation or that the qualifications upon
25 which the physiotherapist 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
of the hearing to the physiotherapist.
30 (3) The provisions applying to the conduct of a
formal hearing under Part 3 apply to a hearing
under this section as if the hearing under this
section were a formal hearing.
12
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 15
Act No.
(4) If, at the end of the hearing, the Board determines
that the registration of the physiotherapist has
been obtained by fraud or misrepresentation or
that the qualifications upon which the
5 physiotherapist has relied for registration have
been withdrawn, the Board must cancel the
registration of the physiotherapist.
Division 2--The Register
15. The Register
10 (1) The Board must cause to be kept a register of all
physiotherapists to whom the Board has granted
registration under this Act.
(2) The register is to be called the Register of
Physiotherapists.
15 (3) The following particulars must be included on the
register against the name of the physiotherapist to
whom they apply--
(a) any current suspension of the registration of
the physiotherapist;
20 (b) any current condition, limitation or
restriction imposed on the registration of the
physiotherapist;
(c) the prescribed information.
(4) The register may be inspected at the office of the
25 Board by any person during ordinary office hours
without charge.
(5) A person may obtain a copy of or an extract from
the register on payment of the fee fixed by the
Board.
30 (6) A registered physiotherapist's private address
must not appear on that part of the register which
is open to the public for inspection, unless the
physiotherapist so authorises.
13
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 16
18
Act No.
16. Certificates
(1) Upon--
(a) granting registration to a person under this
Part; or
5 (b) renewing the registration of a person under
this Part--
the Board must issue a certificate of registration to
that person.
(2) The following particulars must be included on a
10 certificate of registration--
(a) any condition, limitation or restriction
imposed on the registration of the
physiotherapist;
(b) the prescribed information.
15 (3) If a physiotherapist's registration under this Part
has been suspended or cancelled, that
physiotherapist must return his or her certificate
of registration to the Board.
Penalty: 20 penalty units.
20 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--
(a) a physiotherapist is or is not or was or was
25 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 physiotherapist--
is evidence, and, in the absence of evidence to the
30 contrary, is proof of the matters stated in it.
18. Requirement to notify the Board of change of address
14
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
Act No.
A registered physiotherapist must notify the Board
of any change of the address of the
physiotherapist which appears on the register
within 14 days after that change.
5 Penalty: 10 penalty units.
_______________
15
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 19
Act No.
PART 3--INVESTIGATIONS INTO REGISTERED
PHYSIOTHERAPISTS
Division 1--Preliminary investigations into professional
conduct
5 19. Complaints about the professional conduct of
physiotherapists
A person may make a complaint about a
registered physiotherapist to the Board.
20. When complaints about professional conduct are to be
10 investigated by Health Services Commissioner
(1) If the Board receives a complaint about a
registered physiotherapist, 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 Part 3 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.
16
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 21
Act No.
(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.
21. 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 physiotherapist unless--
(a) the complaint is to be dealt with by the
Health Services Commissioner under section
20; 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) an investigator retained by the Board; or
(c) a member of the Board or a number of
members not exceeding 3--
25 its power to conduct a preliminary investigation
into a complaint, other than its power to make
determinations upon a preliminary investigation.
22. Outcome of preliminary investigation
(1) Upon completing a preliminary investigation, the
30 person or persons conducting the investigation
may make one of the following
recommendations--
17
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 23
Act No.
(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 any person conducting
the preliminary investigation.
23. 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
physiotherapist without conducting a preliminary
investigation.
15 24. Suspension of registration upon commencement of
investigation
(1) The Board, upon making a determination--
(a) to conduct a preliminary investigation into a
complaint made to the Board about the
20 professional conduct of a registered
physiotherapist; or
(b) to conduct a formal or informal hearing into
the professional conduct of a registered
physiotherapist without preliminary
25 investigation--
may suspend the registration of the
physiotherapist 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
30 because there is a serious risk that the health and
safety of the public will be endangered.
(2) If the Board has suspended the registration of a
physiotherapist under sub-section (1), it must--
18
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 25
Act No.
(a) immediately notify the physiotherapist of
that suspension; and
(b) ensure that the matter is investigated as soon
as possible after that suspension.
5 Division 2--Preliminary investigation into the health of
registered physiotherapists
25. Commencement of preliminary investigation
If the Board believes the ability of a
physiotherapist to practise physiotherapy may be
10 affected because--
(a) of the physical or mental health of the
physiotherapist; or
(b) the physiotherapist has an incapacity; or
(c) the physiotherapist is an alcoholic or drug-
15 dependent person--
the Board may appoint one of its members to
conduct a preliminary investigation into the
matter.
26. Notification to physiotherapist
20 (1) The member of the Board appointed to investigate
the matter must give notice of the preliminary
investigation to the physiotherapist.
(2) A notice under sub-section (1) must--
(a) be in writing; and
25 (b) be sent by registered post as soon as possible
after the Board's decision has been made;
and
(c) advise the physiotherapist of the nature of
the matter to be investigated; and
30 (d) ask the physiotherapist to advise the Board
as to whether or not he or she will agree to
19
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 27
Act No.
undergo a medical examination within 28
days after receiving the notice; and
(e) advise the physiotherapist of the procedures
that can be taken under this Part.
5 27. Medical examination
(1) If the physiotherapist agrees to undergo a medical
examination within 28 days, the physiotherapist
must be examined by a registered medical
practitioner who is agreed upon by the Board and
10 the physiotherapist.
(2) If the Board and the physiotherapist are unable to
agree upon a registered medical practitioner to
conduct the examination, the Minister must
appoint a registered medical practitioner to
15 perform the examination.
(3) The Board must pay for the examination.
28. Report of examination
(1) The examining medical practitioner must give a
report of his or her examination to the member of
20 the Board appointed to investigate the matter, and,
not more than 7 days later, to the physiotherapist
being investigated.
(2) The person appointed to investigate the matter
must discuss the report with the physiotherapist,
25 and, in the case of an adverse finding in the report,
the possible ways of dealing with that finding.
(3) After discussing the report with the
physiotherapist, the person appointed to
investigate the matter must report to the Board.
30 (4) Despite sub-section (1), if the report contains
information of a medical or psychiatric nature
concerning the physiotherapist, and it appears to
the person appointed to conduct the investigation
that the disclosure of that information to the
20
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 29
30
Act No.
physiotherapist might be prejudicial to the
physical or mental health or well being of the
physiotherapist, the investigator may decide not to
give that information to the physiotherapist but to
5 give it instead to a registered medical practitioner
and to a registered physiotherapist that are
nominated by the physiotherapist who is the
subject of the examination.
(5) Before acting under sub-section (4), the
10 investigator must report to the Board and, if the
investigator is not a physiotherapist and the Board
is of the opinion that it is necessary for the
investigation of the matter to be continued by a
physiotherapist, the Board may appoint a
15 physiotherapist to continue the investigation.
29. Outcome of preliminary investigation
(1) If, after considering the reports given under
section 28, the Board decides that further action
should be taken, the Board must ask the
20 physiotherapist whether or not he or she is
prepared to agree to--
(a) alter the way in which he or she practises
physiotherapy; or
(b) the imposition of conditions, limitations or
25 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
to implement an agreement under sub-section (1).
30 30. Referral to formal hearing
21
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 32
Act No.
If a registered physiotherapist who is the subject
of a preliminary investigation under this
Division--
(a) does not agree to undergo a medical
5 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 29 or does not abide by an
10 agreement reached with the Board under
section 29--
the Board may refer the matter to a formal
hearing.
31. Request for conditions, limitations or restrictions
15 (1) A registered physiotherapist who believes that his
or her ability to practise physiotherapy is affected
because--
(a) of his or her physical or mental health; or
(b) he or she has an incapacity; or
20 (c) he or she is an alcoholic or drug-dependent
person--
may ask the Board to impose a condition,
limitation or restriction on his or her practice.
(2) If the Board and the physiotherapist agree upon
25 the condition, limitation or restriction to be
imposed, the Board may impose it.
(3) If the physiotherapist and the Board do not agree
upon the condition, limitation or restriction to be
imposed, the Board must refer the matter to a
30 preliminary investigation.
32. Revocation of suspension of registration or condition,
limitation or restriction imposed on registration
22
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
Act No.
The Board may revoke a condition, limitation or
restriction imposed on the registration of a
registered physiotherapist or the suspension of a
registered physiotherapist's registration, if the
5 physiotherapist satisfies the Board that his or her
ability to practise physiotherapy is no longer
affected.
33. Immediate suspension of registration
(1) If the Board has referred a matter to a formal
10 hearing under this Division, the Board may
suspend the registration of the physiotherapist
until the hearing is completed, if the Board is of
the opinion that the ability of the physiotherapist
to practise physiotherapy is affected to such an
15 extent that to allow the physiotherapist to continue
to practise would pose a serious risk that the
health and safety of the public will be endangered.
(2) If the Board has suspended the registration of a
physiotherapist under sub-section (1), it must--
20 (a) immediately notify the physiotherapist of
that suspension; and
(b) ensure that the matter is investigated as soon
as possible after that suspension.
Division 3--Formal and Informal Hearings
25 34. 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 physiotherapist under section 22 or 23,
30 the Board must--
(a) appoint a panel to hold the hearing; and
(b) fix a time and place for the hearing to be
held; and
23
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 35
Act No.
(c) by registered post, serve a notice on the
physiotherapist which complies with section
36; and
(d) serve notice on any complainant by
5 registered post under section 52(4)(a) and
(b).
35. Constitution of a panel for an informal hearing
(1) A panel appointed under section 34 is to consist of
not more than 3 persons--
10 (a) who are to be members of the Board; and
(b) of whom, at least 1 is to be a registered
physiotherapist.
(2) If--
(a) the Board is unable to appoint a panel
15 because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person with
special expertise is required for the
hearing--
20 the Governor in Council may appoint persons who
are not members of the Board to fill the vacant
positions on the panel.
(3) A person who has undertaken a preliminary
investigation of the matter is not entitled to be a
25 member of the panel.
36. Notice of an informal hearing
A notice of an informal hearing under section 35
must--
(a) state the nature of the hearing and the
30 allegations made against the physiotherapist;
and
(b) give the time and place of the hearing; and
24
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 37
Act No.
(c) state that the physiotherapist may choose to
have the matter determined by a formal
hearing and state the differences between a
formal and informal hearing; and
5 (d) state that there is no right to legal
representation at the hearing, but that the
physiotherapist is entitled to be present and
to make submissions and to be accompanied
by another person, that the hearing is not
10 open to the public and list the possible
findings the panel can make or orders the
panel can give.
37. Conduct of an informal hearing
At an informal hearing--
15 (a) the panel must hear and determine the matter
before it; and
(b) the physiotherapist who is the subject of the
hearing is entitled to be present, to make
submissions and to be accompanied by
20 another person but is not entitled to be
represented; and
(c) the proceedings of the hearing must not be
open to the public.
38. Findings and determinations of an informal hearing
25 (1) After considering all the submissions made to the
hearing the panel may find either--
(a) that the physiotherapist has, whether by act
or omission, engaged in unprofessional
conduct which is not of a serious nature; or
30 (b) that the physiotherapist has not engaged in
unprofessional conduct.
(2) If the panel finds that the physiotherapist has,
whether by act or omission, engaged in
unprofessional conduct which is not of a serious
25
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 39
Act No.
nature, the panel may make one or more of the
following determinations--
(a) that the physiotherapist undergo counselling;
(b) that the physiotherapist be cautioned;
5 (c) that the physiotherapist be reprimanded.
39. Change of informal hearing to formal hearing during
course of hearing
If, before the end of the hearing--
(a) the physiotherapist who is the subject of the
10 hearing fails to attend the hearing without
good cause; or
(b) the physiotherapist requests that a formal
hearing be held; or
(c) the panel is of the opinion that a formal
15 hearing should be held--
the panel must abandon the informal hearing and
refer the matter to a formal hearing.
40. Request for formal hearing upon completion of
informal hearing
20 Upon the completion of an informal hearing, the
physiotherapist 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.
25 41. Establishment and notification of formal hearing
If--
(a) the Board has determined that a formal
hearing be held under section 22 or 23 or has
referred a matter to a formal hearing under
30 section 30; or
(b) a physiotherapist has requested a formal
hearing under section 40; or
26
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 42
Act No.
(c) a panel has referred a matter to a formal
hearing under section 39--
the Board must--
(d) appoint a panel to hold the hearing; and
5 (e) fix a time and place for the hearing to be
conducted; and
(f) serve a notice on the physiotherapist by
registered post which complies with section
43; and
10 (g) serve a notice on any complainant by
registered post under section 52(4)(a) and
(b).
42. Constitution of a hearing panel for a formal hearing
(1) A panel appointed under section 41 must consist
15 of not less than 3 persons--
(a) who are to be members of the Board; and
(b) of whom 1 is to be a lawyer and at least 1 is
to be a registered physiotherapist.
(2) If--
20 (a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person with
special expertise is required for the
25 hearing--
the Governor in Council may appoint persons who
are not members of the Board to fill the vacant
positions on the panel.
(3) The following people are not entitled to be
30 members of a panel for a formal hearing--
27
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 43
Act No.
(a) a person who has undertaken a preliminary
investigation of the matter which is the
subject of the hearing;
(b) a person who has been a member of a panel
5 which held an informal hearing into the
matter.
43. Notice of a formal hearing
A notice of a formal hearing under section 41
must--
10 (a) state the nature of the hearing and the
allegations made against the physiotherapist;
and
(b) give the time and place of the hearing; and
(c) state that there is a right to make submissions
15 and to be represented, that the hearing is
open to the public, list the possible findings
the panel can make and state that there is a
right to apply for a review of the panel's
findings.
20 44. Conduct of a formal hearing
At a formal hearing--
(a) the hearing panel must hear and determine
the matter before it; and
(b) the physiotherapist who is the subject of the
25 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
30 complainant--
(i) in the case of a proceeding which has
not been closed under paragraph (d), is
entitled to be present; and
28
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 45
Act No.
(ii) if not called as a witness, may make
submissions with the permission of the
Board; and
(d) the proceedings are to be open to the public
5 unless the panel determines that the
proceedings should be closed because the
hearing is taking evidence of intimate,
personal or financial matters and, if the panel
has determined that the proceedings are
10 closed, the panel may determine that the
identity of any witness giving evidence in
the proceedings is not to be published or
broadcast.
45. Findings and determinations of a formal hearing into
15 conduct
(1) After considering all the submissions made to a
formal hearing into the professional conduct of a
registered physiotherapist the panel may find
that--
20 (a) the physiotherapist has, whether by act or
omission, engaged in unprofessional conduct
of a serious nature; or
(b) the physiotherapist has, whether by act or
omission, engaged in unprofessional conduct
25 which is not of a serious nature; or
(c) the physiotherapist has not engaged in
unprofessional conduct.
(2) If the panel finds that the physiotherapist has,
whether by act or omission, engaged in
30 unprofessional conduct of a serious nature, the
panel may make one or more of the following
determinations--
(a) require the physiotherapist to undergo
counselling;
35 (b) caution the physiotherapist;
29
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 45
46
Act No.
(c) reprimand the physiotherapist;
(d) require the physiotherapist to undertake
further education of the kind stated in the
determination and to complete it within the
5 period specified in the determination;
(e) impose conditions, limitations or restrictions
on the registration of the physiotherapist;
(f) impose a fine on the physiotherapist of not
more than $2000;
10 (g) suspend the registration of the
physiotherapist for the period specified in the
determination;
(h) cancel the registration of the physiotherapist.
(3) If the panel finds under sub-section (1)(b) that the
15 physiotherapist has, whether by act or omission,
engaged in unprofessional conduct which is not of
a serious nature, the panel may make any
determination which a panel at an informal
hearing is able to make upon making such a
20 finding.
(4) The panel must not impose a fine where the
conduct which is the subject of the finding has
resulted in a fine being imposed by another
tribunal or court of law.
25 (5) If the panel has made an order under sub-section
(2)(a) or (d) and the physiotherapist has not
complied with the order within the time specified
in the order, the Board may suspend the
physiotherapist's registration until the order is
30 complied with.
46. Findings and determinations of a formal hearing into
ability to practise
(1) After considering all the submissions made to a
formal hearing into the ability to practise of a
30
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
Act No.
registered physiotherapist, the panel may find
that--
(a) the ability of the physiotherapist to practise
is affected because--
5 (i) of the physical or mental health of the
physiotherapist; or
(ii) the physiotherapist has an incapacity;
or
(iii) the physiotherapist is an alcoholic or
10 drug-dependent person; or
(b) the ability of the physiotherapist is not
affected.
(2) If the panel makes a finding under sub-section
(1)(a), the panel may make one or more of the
15 following determinations--
(a) to impose conditions, limitations or
restrictions on the registration of the
physiotherapist;
(b) to suspend the registration of the
20 physiotherapist for the period and subject to
the conditions, limitations and restrictions, if
any, specified in the determination.
Division 4--General Provisions relating to Investigations
47. Procedure at formal and informal hearings
25 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
30 requirements of this Act and the proper
consideration of the matter permit; and
31
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 48
Act No.
(c) a panel is not bound by rules of evidence but
may inform itself in any way it thinks fit;
and
(d) a panel is bound by the rules of natural
5 justice.
48. 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
hearing as if it were a Board or the Chairman of a
10 Board appointed by the Governor in Council.
49. Determinations
(1) A determination made by a panel on a hearing
comes into operation on its making or at any later
time stated in the determination.
15 (2) A determination of a panel is to have effect as if it
were a determination of the Board.
(3) If a fine is imposed by a panel it may be recovered
by the Board as a debt due to the Board.
50. Removal of suspension, condition, limitation or
20 restriction
(1) If the Board has suspended the registration of a
physiotherapist until the completion of a hearing,
and at the completion of the hearing the panel
determines that the suspension should be
25 removed, the Board must remove the suspension.
(2) If a condition, limitation or restriction has been
imposed on the registration of a physiotherapist,
and, at the completion of a hearing, the panel
determines that the condition, limitation or
32
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 51
Act No.
restriction should be removed, the Board must
remove that condition, limitation or restriction.
51. Reasons for determinations of panel or Board
(1) A panel must give reasons for a determination
5 made under this Part, to the physiotherapist who
was the subject of the determination within 28
days after 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
10 determination.
(3) An application under sub-section (2) must be
made within 45 days after the making of the
determination and reasons must be given to the
applicant within 45 days after receiving the
15 application.
52. Notifications
(1) If a determination has been made by a panel--
(a) imposing conditions, limitations or
restrictions on the registration of a
20 physiotherapist; or
(b) suspending the registration of a
physiotherapist; or
(c) cancelling the registration of a
physiotherapist--
25 the Board must give notice of the determination--
(d) in the Government Gazette; and
(e) to the physiotherapy registration authorities
in all other States or Territories of the
Commonwealth and in New Zealand; and
30 (f) to the Health Services Commissioner; and
(g) if the physiotherapist is an employee, to his
or her employer; and
33
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 52
53
Act No.
(h) if the Board has received a request for
information about the person in respect of
whom the determination has been made from
a physiotherapy registration authority
5 outside Australia or New Zealand, that
authority.
(2) Notice under sub-section (1) must be given as
soon as possible after the determination has been
made.
10 (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
15 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
20 (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
(c) of the findings and determinations of any
hearing arising from that complaint and the
25 reasons for those findings and
determinations, within 28 days after their
having been made.
53. Offence to disclose information identifying
complainant
30 A person must not publish or broadcast or cause
to be published or broadcast any report of a formal
34
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
Act No.
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
5 prohibiting the publication or broadcast of
the identity of a witness, that witness to be
identified--
unless the complainant or witness has, before
publication or broadcast, consented to this.
10 Penalty: 50 penalty units for a natural person or
100 penalty units for a body corporate.
54. Terms and conditions of appointment of panel
members
(1) A member of a panel, whether appointed by the
15 Board or the Governor in Council, is appointed on
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
20 the meaning of the Public Sector Management
Act 1992, is entitled to receive the fees that are
fixed from time to time by the Governor in
Council for members of panels.
(3) A member of a panel is entitled to receive the
25 allowances that are fixed from time to time by the
Governor in Council.
(4) In fixing fees under sub-section (2), the Governor
in Council may fix different fees for different
classes of cases.
30 (5) The Governor in Council may fix fees and
allowances by reference to the regulations or
guidelines made under the Public Sector
Management Act 1992.
_______________
35
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 54
Act No.
36
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 55
Act No.
PART 4--REVIEW BY ADMINISTRATIVE APPEALS
TRIBUNAL
55. 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.
56. 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 original decision or determination of any
37
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 56
Act No.
change to that decision or determination by the
Administrative Appeals Tribunal.
_______________
38
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 57
Act No.
PART 5--OFFENCES
57. Claims by persons as to registration
(1) A person who is not a registered physiotherapist
must not--
5 (a) take or use the title of registered
physiotherapist or registered physical
therapist or any other title calculated to
induce a belief that the person is registered
under this Act; or
10 (b) claim to be registered under this Act or hold
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 physiotherapist by
15 or under an Act; or
(d) claim to be qualified to practise as a
physiotherapist.
Penalty: 50 penalty units.
(2) A registered physiotherapist whose registration is
20 specific must not--
(a) take or use any title calculated to induce a
belief that the physiotherapist's registration is
not specific; or
(b) claim to have or hold himself or herself out
25 as having general registration.
Penalty: 50 penalty units.
(3) A registered physiotherapist whose registration is
subject to a condition, limitation or restriction
must not--
30 (a) take or use any title calculated to induce a
belief that the physiotherapist's registration is
39
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 58
Act No.
not subject to a condition, limitation or
restriction; or
(b) claim to have or hold himself or herself out
as having a registration which is not subject
5 to any condition, limitation or restriction.
Penalty: 50 penalty units.
(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
10 person is not so registered.
Penalty: 50 penalty units.
(5) If a body corporate contravenes sub-section (1),
any person who is concerned in or takes part in
the management of that body corporate who was,
15 in any way, by act or omission, directly or
indirectly, knowingly concerned in or party to the
commission of the offence also commits an
offence under sub-section (1) and is liable for the
penalty applicable to a natural person for that
20 offence.
58. Fraud, forgery etc.
A person must not--
(a) fraudulently or by false representation or
declaration (either orally or in writing)
25 obtain registration under this Act; or
(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
30 registration under this Act or any degree,
diploma or other evidence of qualifications
for registration under this Act.
Penalty: 240 penalty units or imprisonment for a
period of 2 years or both.
40
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 59
Act No.
59. Advertising
(1) A person must not advertise a physiotherapy
practice or physiotherapy services in a manner
which--
5 (a) is or is intended to be false, misleading or
deceptive; or
(b) offers a discount, gift or other inducement to
attract patients to a physiotherapist or
physiotherapy practice unless the
10 advertisement also sets out the terms and
conditions of that offer; or
(c) refers to, uses or quotes from testimonials or
purported testimonials; or
(d) unfavourably contrasts physiotherapy
15 services provided by a physiotherapist or
physiotherapy practice with services
provided by another physiotherapist or
physiotherapy practice.
Penalty: 50 penalty units for a natural person or
20 100 penalty units for a body corporate.
(2) If a body corporate contravenes sub-section (1),
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
25 indirectly, knowingly concerned in or party to the
commission of the offence also commits an
offence under sub-section (1) and is liable for the
penalty applicable to a natural person for that
offence.
30 (3) A person who, in good faith, publishes or prints
an advertisement which contravenes sub-section
(1) on behalf of another person, is not guilty of an
offence under that sub-section.
_______________
35
41
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 60
Act No.
PART 6--ADMINISTRATION
60. Establishment of Board
(1) There is established a Board to be called the
Physiotherapists 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.
61. 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 hold themselves out as
registered physiotherapists;
(b) to approve courses which provide
qualifications for registration as
30 physiotherapists;
42
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 62
Act No.
(c) to regulate the standards of practice of
physiotherapy;
(d) to investigate the professional conduct or
fitness to practise of registered
5 physiotherapists and impose sanctions where
necessary;
(e) to issue guidelines about--
(i) the minimum terms and conditions of
insurance against civil liability in
10 connection with physiotherapy practice;
(ii) appropriate standards of physiotherapy
practice;
(f) to advise the Minister on any matters relating
to its functions;
15 (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.
20 (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.
25 62. 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--
30 (a) 4 must be registered physiotherapists; and
43
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 63
Act No.
(b) one must be a lawyer; and
(c) 2 must be persons who are not
physiotherapists.
63. Terms of office
5 (1) A member of the Board holds office for not more
than 3 years from the date of his or her
appointment.
(2) A member of the Board is eligible for
reappointment.
10 (3) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
not apply to a member in respect of the office of
member.
64. Resignation and removal
15 (1) A member of the Board ceases to be a member if
he or she is absent, without leave first being
granted by the Board, from 3 consecutive
meetings of which reasonable notice has been
given to that member, either personally or by post.
20 (2) A member of the Board may resign the office of
member by writing signed by the member and
addressed to the Governor in Council.
(3) The Governor in Council may at any time remove
a member of the Board from office.
25 (4) If a member of the Board dies, resigns or is
removed from office, the Governor in Council
may, in accordance with this Act, on the
recommendation of the Minister, fill the vacant
office.
30 (5) A member appointed under sub-section (4) holds
office for the rest of the term of appointment of
the member whose place he or she fills.
44
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 65
Act No.
65. President and Deputy President
(1) The Governor in Council may appoint members of
the Board who are registered physiotherapists to
be President and Deputy President of the Board.
5 (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.
(3) A person appointed to an office under sub-section
10 (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
a person appointed under sub-section (1) from
office.
15 (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.
66. Acting member
(1) If a member of the Board is unable to perform the
20 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
during the period of inability.
(2) The Governor in Council--
25 (a) subject to this Act, may determine the terms
and conditions of appointment of an acting
member; and
(b) may at any time terminate the appointment.
(3) While the appointment of an acting member
30 remains in force, the acting member has and may
exercise all the powers and perform all the duties
and functions of the member.
45
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 67
Act No.
67. 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
5 Public Sector Management Act 1992, is entitled
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
10 from time to time by the Governor in Council.
(3) The Governor in Council may fix these fees or
allowances by reference to the regulations or
guidelines made under the Public Sector
Management Act 1992.
15 68. 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
20 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
25 holding office constitutes a quorum.
(5) Subject to this Act the Board may regulate its own
proceedings.
69. Member's interests
(1) A member who has a pecuniary or other interest in
30 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
46
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 70
Act No.
considered, disclose the nature of the interest
immediately before the consideration of that
matter; or
(b) if the member is aware that the matter is to
5 be considered at a meeting of the Board at
which the member does not intend to be
present, disclose the nature of the interest to
the President or Deputy President of the
Board before the meeting is held.
10 (2) The member--
(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.
15 70. 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
20 (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
25 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.
30 (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.
47
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 71
Act No.
(3) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members, are deemed to constitute one
5 document.
(4) The majority of members referred to in sub-
section (1)(b) must not include a member who,
because of section 69, is not entitled to vote on the
resolution.
10 (5) This section does not apply to any resolution of
the Board relating to a matter being considered
under Part 3.
71. Approved methods of communication for Board
(1) If not less than two-thirds of the members of the
15 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,
approved by the President of the Board for the
20 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
meeting even if he or she is not physically present
25 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;
(b) does not apply to a meeting conducted for
30 the purposes of Part 3.
72. Effect of vacancy or defect
An act or decision of the Board is not invalid only
because--
(a) of a vacancy in its membership; or
48
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 73
Act No.
(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
5 arisen or had ceased.
73. Immunity
(1) A member of the Board or person responsible for
keeping the register is not personally liable for
anything done or omitted to be done in good
10 faith--
(a) in the exercise of a power or the discharge of
a duty under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
15 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
member of the Board or the person responsible for
keeping the register, attaches instead to the Board.
20 74. Staff
The Board may employ a person to be responsible
for maintaining the register and any other persons
that are necessary for the purposes of
administering this Act.
25 75. Delegation
The Board may, in writing, delegate to--
(a) a member of the Board; or
(b) the person responsible for maintaining the
register or any other member of the staff of
30 the Board--
its powers and functions under this Act, other
than--
49
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 75
Act No.
(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
5 on registration; or
(e) the power to conduct any hearing or to make
any determination under Part 2 or Part 3; or
(f) this power to delegate.
_______________
10
50
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 76
Act No.
PART 7--REPORTING AND FINANCIAL PROVISIONS
76. Physiotherapists Registration Board Fund
(1) The Board must establish and keep a
Physiotherapists 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.
77. 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.
78. 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
51
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 78
Act No.
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 _______________
52
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 79
Act No.
PART 8--ENFORCEMENT AND SUPPLEMENTARY
POWERS
79. 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.
80. 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.
81. 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
53
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 81
Act No.
suspension or cancellation of registration of
a physiotherapist.
(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 a
10 physiotherapist, 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) the name or 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.
54
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 82
Act No.
(4) A search warrant must be issued in accordance
with the Magistrates' Court 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' Court
Act 1989 extend and apply to warrants under this
section.
82. 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.
83. 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.
84. 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
55
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 85
Act No.
(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.
85. 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 _______________
56
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 86
Act No.
PART 9--MISCELLANEOUS
86. Supreme Court--limitation of jurisdiction
It is the intention of section 52(3) to alter or vary
section 85 of the Constitution Act 1975.
5 87. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) registration, including periods of
registration, and renewal of registration, and
10 applications for registration, and renewal of
registration;
(b) the register, including particulars to be noted
on the register and the manner of keeping the
register;
15 (c) forms for the purposes of this Act;
(d) time limits for the purposes of this Act;
(e) penalties, not exceeding 10 penalty units, for
breaches of the regulations;
(f) any matter or thing required or permitted to
20 be prescribed or necessary to be prescribed
to give effect to this Act.
(2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
25 place or circumstance; and
(c) may apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification or method, formulated,
issued, prescribed or published by any
30 person whether--
57
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 87
Act No.
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
5 made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
(d) may confer a discretionary authority on a
specified person.
10 _______________
58
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 88
Act No.
PART 10--SAVINGS, TRANSITIONAL AND REPEAL
88. Definitions
In this Part--
"new Board" means the Physiotherapists
5 Registration Board of Victoria established
under this Act;
"old Act" means the Physiotherapists Act 1978
as in force immediately before its repeal;
"old Board" means the Physiotherapists
10 Registration Board of Victoria established
under the old Act.
89. Repeal
No. 9147.
The Physiotherapists Act 1978 is repealed.
90. New Board succeeds old Board
15 (1) On the commencement of this section--
(a) the old Board is abolished and its members
go out of office; and
(b) any rights, assets, liabilities and obligations
of the old Board, immediately before its
20 abolition, become assets, liabilities and
obligations of the new Board; and
(c) the new Board is substituted for the old
Board as a party in any proceeding, contract,
agreement or arrangement commenced or
25 made by, against or in relation to the old
Board; and
(d) the new Board may continue and complete
any other continuing matter or thing
commenced by, against or in relation to the
30 old Board.
59
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 91
Act No.
(2) The assets that become 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
5 Board, must be taken to form part of the
Physiotherapists Registration Board Fund;
and
(b) if they are assets in which the funds of the
old Board have been invested, must be taken
10 to be investments of the Physiotherapists
Registration Board Fund.
91. Proceedings before the old Board
(1) If an investigation or inquiry into the activities of
a registered physiotherapist under the old Act has
15 commenced but not been completed before the
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
20 which might have been taken in relation to
that investigation or inquiry under the old
Act may be taken on and after that date--
by the old Board as if this Act had not been
enacted.
25 (2) The new Board must give effect to a decision
made on an inquiry, investigation or appeal
completed by the old Board as if it were a
decision under this Act.
92. Application of this Act to conduct occurring before
30 commencement of this Act
(1) In the case of activities of a person who is deemed
by section 93 to be a registered physiotherapist
under this Act which occurred before the
commencement of Part 3 and in respect of which
60
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 93
Act No.
no proceedings have been commenced under the
old Act, this Act applies to the extent that there
was power to conduct an inquiry under section 17
or 17A of the old Act into those activities.
5 (2) Any determination or outcome of a hearing into
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
10 the subject of proceedings to which section 91
applies.
93. Existing registrations
(1) A person who was registered as a physiotherapist
under the old Act immediately before the
15 commencement of Part 2 of this Act is deemed to
have general registration under this Act.
(2) If a person is deemed to be registered under this
section, and the registration of that person under
the old Act, immediately before the
20 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.
25 (3) 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
30 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.
61
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
s. 94
Act No.
(4) The registration of a person who is deemed to be
registered under this section expires (unless
sooner cancelled) at the end of the period for
which the person was registered under the old
5 Act.
94. References
Unless inconsistent with the context or subject
matter, a reference in any Act (other than this Act)
or in any subordinate instrument within the
10 meaning of the Interpretation of Legislation Act
1984 to--
(a) a physiotherapist registered under the old
Act who is deemed by section 93 to be
registered under this Act is to be taken to be
15 a reference to a registered physiotherapist
under this Act; and
(b) the old Board in relation to a physiotherapist
is to be taken to be a reference to the new
Board.
20 95. Preparation of annual report
The new Board shall prepare the annual reports
that the old Board would have been required to
prepare under the Financial Management Act
1994 in respect of any part of a financial year
25 during which the old Board operated.
62
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
63
532079B.I1-21/4/98
Physiotherapists Registration Act 1998
Act No.
64
532079B.I1-21/4/98
[Index] [Search] [Download] [Related Items] [Help]