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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Osteopaths Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Application 4
Part 2 -- Osteopaths Registration
Board and committees
Division 1 -- The Board
5. Board established 5
6. Membership of Board 5
7. Presiding member and deputy presiding member 5
8. Constitution and proceedings 5
9. Remuneration and allowances 6
Division 2 -- Functions and powers
10. Functions 6
11. Powers 6
12. Delegation by Board 7
Division 3 -- Relationship of Board with Minister
13. Directions by Minister 7
14. Minister to have access to information 8
Division 4 -- Committees
15. Committees 9
16. Provisions relating to committees 9
Division 5 -- Registrar and other staff
17. Registrar 10
18. Other staff 10
055--1 page i
Osteopaths Bill 2005
Contents
Division 6 -- General
19. Duty not to make improper use of information 11
20. Meetings and minutes of meetings 11
21. Execution of documents by Board 12
Part 3 -- Finance and reports
22. Funds of the Board 14
23. Accounts 14
24. Audit 15
25. Annual report and other reports 15
Part 4 -- Registration of osteopaths
Division 1 -- Registration
26. Natural persons may be registered 17
27. Registration 17
28. Provisional registration 18
29. Conditional registration at the discretion of the Board 19
30. Professional indemnity insurance 20
31. Application 21
32. Effect of registration 21
33. Duration of registration 21
34. Renewal of registration 22
35. Application for registration by a person whose
registration has been cancelled under section 78(1)(i) 22
Division 2 -- The register
36. The register 23
37. Inspection of register 23
38. Certificate of registration 24
39. Voluntary removal from register and cancellation of
registration 24
40. Removal of name and cancellation of registration of
person in certain circumstances 25
41. Effect of removal of name from register 25
Division 3 -- Notifications to Board
42. Change of address 25
43. Loss of qualifications 26
44. Insolvency 26
45. Civil or criminal proceedings 26
46. Information about professional indemnity insurance 27
page ii
Osteopaths Bill 2005
Contents
Part 5 -- Disciplinary and impairment
matters
Division 1 -- Preliminary
47. Disciplinary matters 28
48. Impairment matters 28
Division 2 -- Committees
49. Complaints assessment committee 29
50. Impairment review committee 29
Division 3 -- Complaints
51. Complaints 30
52. Complaints assessment committee to determine action
required 31
53. Complaints assessment committee may reject certain
complaints 32
Division 4 -- Summary orders of Board
54. Interim orders by Board 32
55. Complaint dealt with summarily to be referred to the
State Administrative Tribunal 34
56. Complaint not dealt with summarily to be referred to
relevant committee 34
Division 5 -- Disciplinary matters
57. Investigation and recommendation 34
58. Role of Board 35
59. Alternative to making allegation to the State
Administrative Tribunal 36
Division 6 -- Impairment matters
60. Request by osteopath for imposition of condition 37
61. Revocation of condition 38
62. Investigation 38
63. Osteopath to be notified about investigation 38
64. Examination 38
65. Report of examination 39
66. Role of the impairment review committee 40
67. Recommendation 40
68. Role of Board 41
Division 7 -- Investigator's role and powers
69. Interpretation 42
70. Investigator 42
page iii
Osteopaths Bill 2005
Contents
71. Report of investigator 42
72. Powers of investigator 43
73. Warrant to enter premises 45
74. Issue of warrant 45
75. Execution of warrant 46
Division 8 -- Conciliation
76. Conciliation process 47
77. Action if conciliation fails 48
Division 9 -- Role of the State Administrative
Tribunal
78. Powers of the State Administrative Tribunal on
dealing with a disciplinary matter 48
79. Powers of the State Administrative Tribunal on
dealing with an impairment matter 50
Division 10 -- Miscellaneous
80. Suspension 50
81. Costs and recovery 51
Part 6 -- Offences
82. Persons who may practise osteopathy 52
83. Persons who may be employed or engaged to practise
osteopathy 52
84. Exceptions to sections 82 and 83 53
85. Use of title "osteopath" or pretending to be registered 53
86. Failure to comply with disciplinary action 53
87. False or misleading information 54
88. Offences in relation to investigation 54
89. Obstruction of investigator 55
90. Assistance to execute warrant 56
91. Surrender of certificate 56
92. Incriminating information, questions, or documents 57
93. Legal professional privilege 57
Part 7 -- Codes of practice, rules and
regulations
94. Codes of practice 58
95. Rules 58
96. Regulations 59
97. Forms 60
page iv
Osteopaths Bill 2005
Contents
Part 8 -- Miscellaneous
98. Protection 61
99. Notice of decision to be given 61
100. Review 62
101. Publication of proceedings etc. 62
102. Legal proceedings 63
103. Liability of certain officers of body corporate:
offences 64
104. Review of Act 65
105. Osteopaths Act 1997 repealed 65
106. Osteopaths Rules 1999 repealed 66
107. Transitional and savings provisions 66
108. Consequential amendments 66
Schedule 1 -- Constitution and
proceedings of the Board
Division 1 -- General provisions 67
1. Term of office 67
2. Functions of deputy presiding member 67
3. Deputy members 67
4. Vacation of office by member 68
5. General procedure concerning meetings 68
6. Voting 69
7. Holding meetings remotely 69
8. Resolution without meeting 69
9. Minutes 69
Division 2 -- Disclosure of interests etc. 70
10. Meaning of "member" 70
11. Disclosure of interests 70
12. Exclusion of interested member 70
13. Board or committee may resolve that clause 12
inapplicable 70
14. Quorum where clause 12 applies 71
15. Minister may declare clauses 12 and 14 inapplicable 71
Schedule 2 -- Transitional and savings
1. Terms used in this Schedule 72
2. Interpretation Act 1984 not affected 72
3. The Osteopaths Registration Board continues 72
page v
Osteopaths Bill 2005
Contents
4. Board members 73
5. The registrar and other staff 73
6. Persons registered under the repealed Act 73
7. Register 74
8. Certificates of registration issued under the repealed
Act 74
9. Restoration of certain names to the register 74
10. Suspensions 74
11. Undertakings under the repealed Act 74
12. Matters being dealt with by the complaints assessment
committee 74
13. Matters being dealt with by the Board 75
14. Investigations 75
15. Disciplinary proceedings 76
16. Failure to comply with an order made under the
repealed Act 76
17. Registered body corporate 76
18. Annual report for part of a year 76
19. Powers in relation to transitional provision 76
Schedule 3 -- Consequential
amendments
1. Civil Liability Act 2002 amended 78
2. Constitution Acts Amendment Act 1899 amended 78
3. Health Professionals (Special Events Exemption)
Act 2000 amended 78
4. Health Services (Conciliation and Review) Act 1995
amended 79
5. Juries Act 1957 amended 80
6. State Administrative Tribunal Act 2004 amended 80
Defined Terms
page vi
Western Australia
LEGISLATIVE ASSEMBLY
Osteopaths Bill 2005
A Bill for
An Act to --
· provide for the regulation of the practice of osteopathy and
registration of persons as osteopaths;
· repeal the Osteopaths Act 1997;
· make consequential amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Osteopaths Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Osteopaths Act 2005.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. Terms used in this Act
In this Act, unless the contrary intention appears --
"application" means an application for registration;
"approved" means approved by the Board in writing;
10 "Board" means the Osteopaths Registration Board of Western
Australia established by section 5;
"certificate of registration" means a certificate of registration
issued under section 38;
"committee" means a committee established by the Board
15 under this Act;
"complainant" means a person who lodges a complaint under
section 51(1) or (2);
"complaint" means --
(a) a complaint lodged under section 51(1) or (2);
20 (b) a complaint referred under section 51(3);
(c) a matter the complaints assessment committee has
determined under section 51(4) to deal with as if it
were a complaint; and
(d) a matter the Board has referred to the impairment
25 review committee under section 60(3);
"complaints assessment committee" means the committee
established under section 49;
"condition" includes restriction;
page 2
Osteopaths Bill 2005
Preliminary Part 1
s. 3
"Corporations Act" means the Corporations Act 2001 of the
Commonwealth;
"Director" means the Director of the Office of Health Review
under the Health Services (Conciliation and Review)
5 Act 1995;
"disciplinary matter" means a matter referred to in section 47;
"document" includes any tape, disc or other device or medium
on which information is recorded or stored;
"impairment" means --
10 (a) mental disability;
(b) injury;
(c) physical illness;
"impairment matter" means a matter referred to in section 48;
"impairment review committee" means any committee
15 established under section 50;
"investigator" means a person appointed under section 70;
"legal practitioner" has the meaning given to that term in the
Legal Practice Act 2003 section 3;
"medical practitioner" means a medical practitioner registered
20 under the Medical Act 1894;
"member of the Board" includes a person acting under
Schedule 1 clause 3;
"officer", in relation to a body corporate, has the meaning given
to "officer of a corporation" in the Corporations Act
25 section 9 but does not include an employee of the body
corporate unless the employee is concerned in the
management of the body corporate;
"osteopath" means a person who is registered;
"osteopathy" means the static and dynamic assessment of
30 human bio-mechanics, the diagnosis of somatic
dysfunction, and the alleviation of somatic dysfunction by
the application of manual treatments complemented by
page 3
Osteopaths Bill 2005
Part 1 Preliminary
s. 4
health education, but does not include the use of drugs or
operative surgery;
"presiding member" means the presiding member of the Board
referred to in section 7;
5 "register" means the register referred to in section 36;
"registered" means registered by the Board under this Act;
"registrar" means the person engaged or employed to be
registrar under section 17;
"registration" includes renewal of registration;
10 "respondent" means a person the subject of a complaint;
"somatic dysfunction" means impaired or altered function of
related skeletal, arthrodial and myofascial structures of the
somatic system (body framework), including associated
vascular, lymphatic and neural elements.
15 4. Application
This Act does not apply to, or in respect of, or in any way affect
the practice of a person's profession as --
(a) a medical practitioner;
(b) a physiotherapist registered under the Physiotherapists
20 Act 2005; or
(c) a chiropractor registered under the Chiropractors
Act 2005.
page 4
Osteopaths Bill 2005
Osteopaths Registration Board and committees Part 2
The Board Division 1
s. 5
Part 2 -- Osteopaths Registration Board
and committees
Division 1 -- The Board
5. Board established
5 (1) A body called the Osteopaths Registration Board of Western
Australia is established.
(2) The Board --
(a) is a body corporate;
(b) has perpetual succession and a common seal; and
10 (c) may sue and be sued in its corporate name.
(3) The Board does not represent, and is not an agent of, the Crown.
6. Membership of Board
(1) The Board consists of 6 members appointed by the Minister, of
whom --
15 (a) 4 are to be osteopaths;
(b) one is to be a person who has knowledge of and
experience in representing the interests of consumers;
and
(c) one is to be a legal practitioner.
20 (2) Each member of the Board is to be a natural person.
7. Presiding member and deputy presiding member
The presiding member and the deputy presiding member of the
Board are to be elected by the Board from amongst its members.
8. Constitution and proceedings
25 Schedule 1 has effect with respect to the constitution and
proceedings of the Board.
page 5
Osteopaths Bill 2005
Part 2 Osteopaths Registration Board and committees
Division 2 Functions and powers
s. 9
9. Remuneration and allowances
A member of the Board, or of a committee, is to be paid such
remuneration and allowances (if any) as the Minister, on the
recommendation of the Minister for Public Sector Management,
5 determines from time to time.
Division 2 -- Functions and powers
10. Functions
The functions of the Board are as follows --
(a) to advise the Minister on matters to which this Act
10 applies;
(b) to administer the scheme of registration under Part 4;
(c) to support and promote public education and research in
relation to the practice of osteopathy;
(d) to monitor education in osteopathy, and provide advice
15 on that education to the Minister and to any other person
or body involved in that education;
(e) to promote and encourage --
(i) the continuing education of osteopaths in the
practice of osteopathy; and
20 (ii) increased levels of skill, knowledge and
competence in the practice of osteopathy;
and
(f) to perform other functions that are conferred on the
Board under this Act or any other Act.
25 11. Powers
The Board has all the powers it needs to perform its functions.
page 6
Osteopaths Bill 2005
Osteopaths Registration Board and committees Part 2
Relationship of Board with Minister Division 3
s. 12
12. Delegation by Board
(1) The Board may delegate any power or duty of the Board under
another provision of this Act to --
(a) a member of the Board;
5 (b) a committee or a member of a committee; or
(c) the registrar.
(2) The delegation must be in writing executed by the Board.
(3) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
10 (4) A person exercising or performing a power or duty that has been
delegated to the person under this section is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
(5) Nothing in this section limits the ability of the Board to perform
15 a function through the registrar or any other member of staff or
an agent.
Division 3 -- Relationship of Board with Minister
13. Directions by Minister
(1) Subject to subsection (2), the Minister may, after consulting
20 with the Board, give directions in writing to the Board with
respect to the performance of its functions either generally or in
relation to a particular matter, and the Board is to give effect to
any such direction.
(2) The Minister must not under subsection (1) direct the Board
25 with respect to the performance of its functions in respect of --
(a) a particular person;
(b) a particular qualification; or
(c) a particular application, complaint or proceeding.
page 7
Osteopaths Bill 2005
Part 2 Osteopaths Registration Board and committees
Division 3 Relationship of Board with Minister
s. 14
(3) The text of a direction given under subsection (1) must be --
(a) laid before each House of Parliament within 14 sitting
days of that House after the direction is given; and
(b) included in the annual report submitted by the Board
5 under section 25(1).
14. Minister to have access to information
(1) In this section --
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
10 Board.
(2) The Minister is entitled --
(a) to have information in the possession of the Board; and
(b) if the information is in or on a document, to have, and
make and retain copies of, that document.
15 (3) For the purposes of subsection (2) the Minister may --
(a) request the Board to furnish information to the Minister;
(b) request the Board to give the Minister access to
information;
(c) for the purposes of paragraph (b) make use of the staff
20 of the Board to obtain the information and furnish it to
the Minister.
(4) The Board is to comply with a request under subsection (3) and
make its staff and facilities available to the Minister for the
purposes of subsection (3)(c).
25 (5) The Minister is not entitled to have information under this
section in a form that --
(a) discloses the identity of a person involved in a particular
application, complaint, investigation or other
proceeding; or
page 8
Osteopaths Bill 2005
Osteopaths Registration Board and committees Part 2
Committees Division 4
s. 15
(b) might enable the identity of any such person to be
ascertained,
unless that person has consented to the disclosure.
Division 4 -- Committees
5 15. Committees
(1) In addition to the complaints assessment committee and the
impairment review committee the Board may from time to time
establish any other committee.
(2) The Board may --
10 (a) determine the functions, membership and constitution;
(b) appoint such members and other persons as it thinks fit
to be members; and
(c) give directions with respect to the functions and
procedures,
15 of a committee established under this section.
(3) A committee is to comply with a direction given to it under
subsection (2)(c).
(4) At the request of the Board, a committee established under this
section is to report on the performance of its functions to the
20 Board, in accordance with the Board's request.
16. Provisions relating to committees
(1) Each member of a committee is to be a natural person.
(2) The Board may remove a person from membership of a
committee and may reconstitute or discharge a committee
25 established by the Board.
(3) A committee is to ensure that an accurate record is kept and
preserved of the proceedings of each meeting of the committee
and of each resolution passed by the committee.
page 9
Osteopaths Bill 2005
Part 2 Osteopaths Registration Board and committees
Division 5 Registrar and other staff
s. 17
(4) Subject to this Act, a committee may determine its own
procedures.
(5) A person with special knowledge or experience may be invited
to act in an advisory capacity to a committee if the committee is
5 of the opinion that the person will assist the committee in the
performance of its functions and the Board has approved the
invitation.
Division 5 -- Registrar and other staff
17. Registrar
10 (1) The Board is to engage or employ a person to be the registrar.
(2) The registrar has the functions that are conferred under this Act
or that the Board directs the registrar to perform.
(3) The registrar may delegate to a person engaged or employed by
the Board any power or duty of the registrar under another
15 provision of this Act.
(4) The delegation must be in writing executed by the registrar.
(5) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(6) A delegate exercising or performing a power or duty that has
20 been delegated to the person under this section is to be taken to
do so in accordance with the terms of the delegation unless the
contrary is shown.
18. Other staff
The Board may engage or employ persons to provide such
25 professional, technical or other assistance that the Board
considers necessary to enable it to perform its functions.
page 10
Osteopaths Bill 2005
Osteopaths Registration Board and committees Part 2
General Division 6
s. 19
Division 6 -- General
19. Duty not to make improper use of information
A member or former member of the Board or a member or
former member of a committee must not, whether within or
5 outside the State, make improper use of information acquired by
virtue of that position to gain, directly or indirectly, an
advantage for himself or herself or for any other person.
Penalty: $5 000.
20. Meetings and minutes of meetings
10 (1) Subject to this section, every meeting of the Board is to be open
to members of the public.
(2) Despite subsection (1) --
(a) the Board may of its own initiative order that in any
particular case a meeting, or part of a meeting, of the
15 Board is to be closed; and
(b) where a meeting of the Board concerns a proceeding
under Part 5 relating to a disciplinary or impairment
matter, a person to whom the proceedings relate may
request that the meeting, or part of the meeting, be
20 closed.
(3) The Board is to consider a request under subsection (2)(b) and
may order that the meeting, or part of the meeting, be closed if it
is of the opinion that such an order is in the best interests of the
parties involved or the maintenance of professional standards.
25 (4) The minutes of a meeting of the Board are to be open for
inspection at its principal place of business by members of the
public during normal office hours without fee, other than
minutes relating to --
(a) proceedings under Part 5 relating to a disciplinary or
30 impairment matter;
page 11
Osteopaths Bill 2005
Part 2 Osteopaths Registration Board and committees
Division 6 General
s. 21
(b) a matter determined to be confidential under
subsection (6); or
(c) a meeting, or part of a meeting, that the Board ordered
be closed under subsection (2)(a) or (3).
5 (5) A person may, on payment of the fee prescribed by the
regulations, if any, obtain a copy of any minutes of the Board
available for inspection under subsection (4).
(6) The Board may determine that a matter is confidential if it
considers that its disclosure is likely to infringe the reasonable
10 privacy of any person.
21. Execution of documents by Board
(1) The Board is to have a common seal.
(2) A document is duly executed by the Board, if --
(a) the common seal of the Board is affixed to it in
15 accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Board by a person or
persons authorised by the Board to do so under
subsection (5).
(3) The common seal of the Board is not to be affixed to any
20 document except as authorised by the Board.
(4) The common seal of the Board is to be affixed to a document in
the presence of 2 members of the Board and each of them is to
sign the document to attest that the common seal was so affixed.
(5) The Board may, by writing under its seal, authorise --
25 (a) a member or members of the Board; or
(b) a member or members of staff,
to sign documents on behalf of the Board, either generally or
subject to such conditions as are specified in the authorisation.
page 12
Osteopaths Bill 2005
Osteopaths Registration Board and committees Part 2
General Division 6
s. 21
(6) A document executed under this section without the common
seal of the Board is not to be regarded as being a document
under seal.
(7) A document purporting to be executed in accordance with this
5 section is to be presumed to be duly executed until the contrary
is shown.
(8) When a document is produced bearing a seal purporting to be
the common seal of the Board, it is to be presumed that the seal
is the common seal of the Board until the contrary is shown.
page 13
Osteopaths Bill 2005
Part 3 Finance and reports
s. 22
Part 3 -- Finance and reports
22. Funds of the Board
(1) The funds of the Board consist of --
(a) fees received by the Board;
5 (b) grants (if any) by the State, and all gifts and donations
made to the Board, but subject to any trusts declared in
relation to the grants, gifts or donations;
(c) penalties, costs and expenses received under section 59
or 81; and
10 (d) other money or property lawfully received by the Board
in connection with the performance of its functions.
(2) The funds of the Board may be applied --
(a) for the purposes of the administration and enforcement
of this Act, including the remuneration of members of
15 the Board and committees and of the registrar and other
persons engaged or employed by the Board;
(b) for the payment of examinations and reports in
accordance with section 64(3);
(c) for the furtherance of education, including public
20 education, and research in relation to the practice of
osteopathy;
(d) by way of contribution to any professional body for
osteopaths for the development by that body of
professional standards; and
25 (e) for any other purpose that the Board may recommend
and the Minister may approve to enable the Board to
perform its functions.
23. Accounts
(1) The Board is to cause to be kept proper accounts and records of
30 the transactions and affairs of the Board and is to prepare
page 14
Osteopaths Bill 2005
Finance and reports Part 3
s. 24
financial statements in accordance with Australian Accounting
Standards.
(2) The financial statements are to be prepared on an accrual basis
unless the Board determines otherwise.
5 24. Audit
The accounts and financial statements of the Board are to be
audited at least once a year, at the expense of the Board, by a
registered company auditor (as defined in paragraph (a) of the
definition of that term in the Corporations Act section 9)
10 appointed by the Board with the prior approval of the Minister.
25. Annual report and other reports
(1) The Board, not later than 31 December in each year, is to make
and submit to the Minister an annual report of its proceedings
for the preceding year ending on 30 June together with a copy
15 of its financial statements for that year and the auditor's report
on those statements.
(2) The Board's annual report must include details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken under
20 this Act during the year to which the report
relates; and
(ii) matters that have been brought before the State
Administrative Tribunal by the Board during the
year to which the report relates;
25 (b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
(c) any trends or special problems that may have emerged;
(d) forecasts of the workload of the Board in the year after
the year to which the report relates; and
30 (e) any proposals for improving the operation of the Board.
page 15
Osteopaths Bill 2005
Part 3 Finance and reports
s. 25
(3) The Minister is to cause a copy of the Board's annual report and
financial statements and of the auditor's report submitted under
subsection (1) to be laid before each House of Parliament within
14 sitting days of that House after receipt of the report by the
5 Minister.
(4) The Board is to ensure that after subsection (3) has been
complied with copies of the reports and statements referred to in
that subsection are available on request for inspection at its
principal place of business.
page 16
Osteopaths Bill 2005
Registration of osteopaths Part 4
Registration Division 1
s. 26
Part 4 -- Registration of osteopaths
Division 1 -- Registration
26. Natural persons may be registered
Registration under this Act may be granted only to a natural
5 person.
27. Registration
(1) The Board is to register an applicant if satisfied that the
applicant has --
(a) complied with the requirements of subsection (2); and
10 (b) paid the registration fee, if any, prescribed by the
regulations.
(2) The requirements for registration are that the applicant --
(a) is a fit and proper person to be registered as an
osteopath;
15 (b) has not been convicted of an offence the nature of which
renders the person unfit to practise as an osteopath;
(c) has adequate knowledge of the English language both
written and oral;
(d) has sufficient physical capacity, mental capacity and
20 skill to practise osteopathy;
(e) subject to subsection (3), has acquired such knowledge
and has such practical experience in osteopathy as in the
opinion of the Board is sufficient to enable that person
to perform efficiently the duties of an osteopath; and
25 (f) holds a qualification prescribed by the rules as a
qualification for registration as an osteopath or a
qualification that in the opinion of the Board is
equivalent to such a qualification.
(3) Subsection (2)(e) does not apply to a person who, having been
30 awarded a qualification referred to in subsection (2)(f) within
page 17
Osteopaths Bill 2005
Part 4 Registration of osteopaths
Division 1 Registration
s. 28
the 5 years preceding the application, is applying to the Board,
for the first time, for registration under subsection (1).
(4) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
5 competent and safe practice of osteopathy by the osteopath.
(5) A condition imposed under subsection (4) may apply
indefinitely or for a period of time specified by the Board in the
written notice.
(6) The Board may, on its own motion or on the application of a
10 person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
28. Provisional registration
(1) The Board may provisionally register an applicant if satisfied
that --
15 (a) the applicant has applied to be registered under
section 27;
(b) the requisite evidence is likely to be produced to enable
the Board to be satisfied as to the matters set out in
section 27(2); and
20 (c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
(2) Provisional registration has effect for a period of 3 months
beginning on the day on which it is granted unless earlier
cancelled.
25 (3) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
competent and safe practice of osteopathy by the osteopath.
(4) If the Board, before the period referred to in subsection (2)
expires, has reason to believe that a person granted provisional
30 registration is not entitled to be registered as an osteopath under
section 27, the Board may, without prejudice to the person's
page 18
Osteopaths Bill 2005
Registration of osteopaths Part 4
Registration Division 1
s. 29
application to be registered, cancel the person's provisional
registration.
29. Conditional registration at the discretion of the Board
(1) The Board may grant a person conditional registration as an
5 osteopath if --
(a) the Board is satisfied that the person meets the
requirements of section 27(2)(a), (b), (c) and (d);
(b) the Board is satisfied that --
(i) the person meets the requirements of
10 section 27(2)(e) and that the requisite evidence is
likely to be produced to enable the Board to be
satisfied as to the matters set out in
section 27(2)(f);
(ii) the person, recognised by the Board as being a
15 person of eminence within the field of
osteopathy, desires registration for the purpose of
enabling the person to teach and demonstrate
methods and techniques of osteopathy; or
(iii) the person desires registration to enable the
20 person to undertake particular duties of
osteopathy of limited duration;
and
(c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
25 (2) Conditional registration in the first instance has effect until the
day specified in the certificate of registration (unless registration
is earlier cancelled by the Board) but that day is in no case to be
later than 12 months after the issue of the certificate.
(3) During any period conditional registration has effect, the Board
30 may, subject to this section, renew the conditional registration
for a further period or periods of not more than 12 months in
respect of each renewal.
page 19
Osteopaths Bill 2005
Part 4 Registration of osteopaths
Division 1 Registration
s. 30
(4) Conditional registration, and the practice of osteopathy by an
osteopath registered under this section, may be made subject to
such conditions as the Board imposes in any particular case.
(5) The Board may at any time cancel a conditional registration.
5 (6) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
30. Professional indemnity insurance
(1) In this section --
10 "professional indemnity insurance" means professional
indemnity insurance that meets the minimum terms and
conditions approved by the Board.
(2) Without limiting the Board's powers under section 27, 28 or 29,
the Board may impose both of the following conditions as
15 conditions of registration under section 27, 28 or 29 --
(a) that --
(i) the osteopath must hold professional indemnity
insurance;
(ii) the osteopathic care provided by the osteopath
20 must be covered by professional indemnity
insurance; or
(iii) the osteopath must be specified or referred to in
professional indemnity insurance, whether by
name or otherwise, as a person to whom the
25 professional indemnity insurance extends even
though the osteopath is not a party to the
professional indemnity insurance;
(b) that the professional indemnity insurance must meet the
minimum terms and conditions approved by the Board.
30 (3) A condition imposed under this section may apply indefinitely
or for a period of time specified by the Board in the written
notice of the decision given under section 99.
page 20
Osteopaths Bill 2005
Registration of osteopaths Part 4
Registration Division 1
s. 31
(4) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
31. Application
5 (1) An application is to be --
(a) in writing;
(b) made in an approved manner and form; and
(c) accompanied by the application fee, if any, prescribed
by the regulations.
10 (2) The applicant must provide the Board or the registrar with such
further information as the Board or the registrar requires, in any
particular case, and if required by the Board or the registrar
must verify the information by statutory declaration.
(3) The Board may, in writing, require an applicant for registration
15 to attend before the Board for the purpose of satisfying the
Board as to a matter relevant to the application and, if the
person fails to attend, may refuse the application.
(4) The Board may refuse to register a person who does not comply
with this section.
20 32. Effect of registration
Subject to this Act, registration confers on the person registered
the right to carry on in the State the practice of osteopathy under
the title of "osteopath".
33. Duration of registration
25 Subject to this Act, registration --
(a) has effect for the period prescribed by the regulations;
and
(b) may be renewed in accordance with the regulations for a
further period prescribed by the regulations.
page 21
Osteopaths Bill 2005
Part 4 Registration of osteopaths
Division 1 Registration
s. 34
34. Renewal of registration
(1) An osteopath must pay to the Board a fee prescribed by the
regulations for the renewal of registration, and if the fee is not
paid on or before the day on which it falls due under the
5 regulations --
(a) the person ceases to be registered; and
(b) the person's name must be removed from the register.
(2) A person whose name is removed from the register under
subsection (1) may at any time pay to the Board all fees that are
10 in arrears, and all fees that would be in arrears if the person had
continued to be registered, together with any additional amount
prescribed by the regulations for the purposes of this subsection,
and is then to be entitled, subject to this Act, to have his or her
registration renewed and the name restored to the register.
15 (3) For the purposes of Part 5, the registration of a person whose
name is restored to the register under subsection (2) is taken to
have continued during the period that the person's name was
removed from the register under subsection (1).
(4) The Board is to give written notice of the renewal fee to an
20 osteopath, sent to that osteopath's address as recorded in the
register, at least 42 days before the fee falls due under the
regulations.
(5) A person may apply to the Board for the remission of fees
payable by the person under this section that are in arrears, and
25 the Board may remit those fees in whole or in part.
35. Application for registration by a person whose registration
has been cancelled under section 78(1)(i)
(1) In this section --
"disqualified person" means a person whose registration has
30 been cancelled and name removed from the register under
section 78(1)(i).
page 22
Osteopaths Bill 2005
Registration of osteopaths Part 4
The register Division 2
s. 36
(2) A disqualified person may not apply for registration for a period
of 2 years after that person's registration was cancelled.
(3) The Board cannot grant an application for registration by a
disqualified person unless it has applied for, and obtained, the
5 approval of the State Administrative Tribunal to do so.
(4) Registration of, and the practice of osteopathy by, a disqualified
person may be made subject to such conditions as the Board in
any particular case imposes.
Division 2 -- The register
10 36. The register
The Board is required to keep an accurate and up to date register
of all osteopaths in such manner and form as the Board
determines and in respect of each osteopath is to record --
(a) the name of that osteopath;
15 (b) the business, or other, address of that osteopath;
(c) particulars of all of the osteopathic qualifications
recognised by the Board and held by that osteopath;
(d) the provision of this Act under which the osteopath is
registered;
20 (e) any conditions applying to the registration;
(f) details of the exercise of any power under Part 5 in
respect of that osteopath or any order made in respect of
that osteopath in a proceeding before the State
Administrative Tribunal under Part 5; and
25 (g) such other information, if any, as is prescribed by the
regulations.
37. Inspection of register
(1) The register must be kept in the office of the registrar.
(2) The register must be available for inspection by members of the
30 public during normal office hours.
page 23
Osteopaths Bill 2005
Part 4 Registration of osteopaths
Division 2 The register
s. 38
(3) The register may be made available for inspection by members
of the public on an internet website maintained by the Board.
(4) A person may, on application to the registrar in respect of the
register or an entry in the register, and payment of the fee
5 prescribed by the regulations, if any, obtain a certified copy of
the register or the entry.
(5) No fee is payable under subsection (4) if the application is
made --
(a) by an officer of the department of the Public Service
10 principally assisting the Minister in the administration of
this Act; and
(b) for the purpose of carrying out the functions of an
officer of that department.
38. Certificate of registration
15 (1) On the registration of a person the Board is to issue to that
person a certificate of registration in an approved form.
(2) In the absence of evidence to the contrary a certificate of
registration is evidence that the person to whom the certificate is
issued is registered.
20 39. Voluntary removal from register and cancellation of
registration
(1) An osteopath may, in writing, request the registrar to remove
the name of that osteopath from the register and cancel the
osteopath's registration.
25 (2) Upon receipt of a request under subsection (1) the registrar is to
refer the request to the Board and may, if the Board so
approves, remove the name of the osteopath from the register
and cancel the osteopath's registration.
(3) This section does not apply to an osteopath who is the subject of
30 proceedings under Part 5.
page 24
Osteopaths Bill 2005
Registration of osteopaths Part 4
Notifications to Board Division 3
s. 40
40. Removal of name and cancellation of registration of person
in certain circumstances
(1) Subject to subsections (2) and (3), the Board is to cancel the
registration of and direct the registrar to remove from the
5 register the name of an osteopath if the Board is satisfied that
the osteopath --
(a) has not practised osteopathy in the preceding period of
5 years; and
(b) has not maintained current knowledge and skills in
10 osteopathy at an approved level.
(2) If the Board proposes to give a direction under subsection (1),
the Board is to give the osteopath written notice of the proposal
and the reasons for the proposal.
(3) A notice given under subsection (2) must state that within
15 28 days after the notice is given, the osteopath to whom it is
given may make written representations to the Board
concerning the proposal, and the Board is not to give the
direction without considering any representations received
within that period.
20 41. Effect of removal of name from register
If the name of a registered person is removed from the register
under a provision of this Act, that person ceases to be registered.
Division 3 -- Notifications to Board
42. Change of address
25 (1) An osteopath must give the registrar written advice of any
change to the address that is recorded in the register in relation
to the person.
Penalty: $1 000.
(2) The advice referred to in subsection (1) must be given no later
30 than 30 days after the change to the address.
page 25
Osteopaths Bill 2005
Part 4 Registration of osteopaths
Division 3 Notifications to Board
s. 43
43. Loss of qualifications
(1) An osteopath must give the registrar written advice if a
qualification that enabled the person to be registered is
withdrawn or cancelled by the body that conferred the
5 qualification.
Penalty: $1 000.
(2) The advice referred to in subsection (1) must be given no later
than 90 days after the withdrawal or cancellation.
44. Insolvency
10 (1) In subsection (2) --
"insolvent" means a person who is an insolvent under
administration as defined in the Corporations Act section 9.
(2) An osteopath must, within 7 days of becoming an insolvent,
give the registrar written advice of the insolvency.
15 Penalty: $5 000.
45. Civil or criminal proceedings
(1) An osteopath must give the registrar written advice of any the
following matters within 14 days after --
(a) any civil proceedings claiming damages or other
20 compensation arising out of the practice of osteopathy;
(b) any criminal proceedings for an offence arising out of
the practice of osteopathy,
are commenced against that osteopath.
Penalty: $5 000.
25 (2) An osteopath must give the registrar written advice of any the
following matters within 14 days after --
(a) any proceedings of a kind referred to in subsection (1)
commenced against that osteopath are withdrawn or
settled;
page 26
Osteopaths Bill 2005
Registration of osteopaths Part 4
Notifications to Board Division 3
s. 46
(b) any such proceedings are determined by a court or other
tribunal.
Penalty: $5 000.
46. Information about professional indemnity insurance
5 (1) If it is a condition of an osteopath's registration that --
(a) the osteopath must hold professional indemnity
insurance;
(b) osteopathic care provided by the osteopath must be
covered by professional indemnity insurance; or
10 (c) the osteopath must be specified or referred to in
professional indemnity insurance, whether by name or
otherwise, as a person to whom the professional
indemnity insurance extends even though the osteopath
is not a party to the professional indemnity insurance,
15 the osteopath must give the registrar written advice --
(d) if the professional indemnity insurance is cancelled; or
(e) of any change in the terms or conditions of the
professional indemnity insurance.
Penalty: $1 000.
20 (2) The advice referred to in subsection (1) must be given no later
than 30 days after the cancellation or change in the terms or
conditions.
page 27
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 1 Preliminary
s. 47
Part 5 -- Disciplinary and impairment matters
Division 1 -- Preliminary
47. Disciplinary matters
The following are disciplinary matters --
5 (a) that a person has contravened a condition applying to
that person's registration or the practice of osteopathy
by that person;
(b) that a person in the course of his or her practise as an
osteopath --
10 (i) acted carelessly;
(ii) acted incompetently;
(iii) acted improperly;
(iv) breached this Act;
(v) failed to comply with an undertaking given to the
15 Board under this Act;
(vi) provided services that were excessive,
unnecessary or not reasonably necessary for the
recipient's wellbeing;
(c) that a person has been convicted of an offence the nature
20 of which renders the person unfit to practise as an
osteopath.
48. Impairment matters
The following are impairment matters --
(a) that a person is affected by his or her use of or
25 dependence on alcohol or a drug to such an extent that
the ability of the person to practise as an osteopath is or
is likely to be affected;
(b) that a person suffers from an impairment to such an
extent that the ability of the person to practise as an
30 osteopath is or is likely to be affected.
page 28
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Committees Division 2
s. 49
Division 2 -- Committees
49. Complaints assessment committee
(1) The Board is to establish a committee to be known as the
complaints assessment committee.
5 (2) The complaints assessment committee is to consist of the
following 3 persons appointed in writing by the Board from
time to time --
(a) an osteopath (who may be a member of the Board);
(b) a person who is not an osteopath and is not qualified to
10 be registered as an osteopath;
(c) such other person (including an osteopath or member of
the Board) as the Board considers appropriate.
(3) The Board is to appoint a member of the complaints assessment
committee to be the committee's chairperson.
15 (4) The complaints assessment committee is to submit an annual
report to the Board as soon as is practicable after 30 June in
each year in respect of the functions performed by the
committee during the year that ended on that day.
(5) A notice or appointment authorised by this Act to be given or
20 made by the complaints assessment committee is taken to have
been given or made by the committee if it is signed on behalf of
the committee --
(a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
25 sign the notice or appointment.
50. Impairment review committee
(1) The Board may establish a committee to be known as the
impairment review committee.
page 29
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 3 Complaints
s. 51
(2) The impairment review committee is to consist of the following
3 persons appointed in writing by the Board from time to
time --
(a) an osteopath (who may be a member of the Board);
5 (b) a medical practitioner;
(c) such other person (including an osteopath or member of
the Board) as the Board considers appropriate.
(3) The Board is to appoint a member of the impairment review
committee to be the committee's chairperson.
10 (4) A notice or appointment authorised by this Act to be given or
made by the impairment review committee is taken to have been
given or made by the committee if it is signed on behalf of the
committee --
(a) by the chairperson of the committee; or
15 (b) by some other person authorised by the committee to
sign the notice or appointment.
Division 3 -- Complaints
51. Complaints
(1) A person may lodge a complaint in relation to an impairment
20 matter with the complaints assessment committee in relation to
a person who is an osteopath.
(2) A person may lodge a complaint in relation to a disciplinary
matter with the complaints assessment committee in relation
to --
25 (a) a person who is an osteopath; or
(b) a person who was an osteopath when the disciplinary
matter allegedly occurred but who is no longer an
osteopath.
(3) If the Director refers a complaint to the Board under the Health
30 Services (Conciliation and Review) Act 1995 section 31 or
page 30
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Complaints Division 3
s. 52
43(3), the Board is to refer the complaint to the complaints
assessment committee.
(4) The complaints assessment committee may determine that an
impairment matter or a disciplinary matter is to be dealt with as
5 if it were the subject of a complaint lodged with the committee,
despite no complaint having been made to it.
(5) The complaints assessment committee is not to make a
determination under subsection (4) unless it is of the opinion
that --
10 (a) in respect of a person who is an osteopath when the
determination is made, there is cause to investigate
whether an impairment matter or a disciplinary matter
exists or has occurred; or
(b) in respect of a person who was an osteopath when the
15 disciplinary matter allegedly occurred, there is cause to
investigate whether a disciplinary matter occurred.
52. Complaints assessment committee to determine action
required
(1) The complaints assessment committee is to decide in respect of
20 a complaint --
(a) if the committee is of the opinion that the complaint
requires action under Division 4, to refer it to the Board
for action under that Division;
(b) to reject the complaint under section 53;
25 (c) in the case of a complaint relating to a disciplinary
matter, to deal with the complaint under subsection (3)
or section 57; or
(d) in the case of a complaint relating to an impairment
matter, to refer the complaint to the impairment review
30 committee.
page 31
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 4 Summary orders of Board
s. 53
(2) To enable the complaints assessment committee to make a
decision under subsection (1) the committee may make such
inquiries as it considers appropriate.
(3) If the complaint relates to a disciplinary matter referred to in
5 section 47(b)(v), the complaints assessment committee may
recommend to the Board that it make an allegation to the State
Administrative Tribunal based on the complaint that gave rise to
the undertaking.
53. Complaints assessment committee may reject certain
10 complaints
(1) The complaints assessment committee may at any time before
deciding to --
(a) refer a complaint to the impairment review committee
under section 52(1)(d); or
15 (b) make a recommendation to the Board under
section 52(3) or 57,
reject a complaint if it is of the opinion that the complaint is
frivolous, vexatious or without substance.
(2) Within 7 days of making a decision under subsection (1), the
20 complaints assessment committee is to give written notice to the
complainant, if any, that the complaint is rejected and in the
notice is to give short particulars for the reasons for the
decision.
Division 4 -- Summary orders of Board
25 54. Interim orders by Board
(1) If the Board is of the opinion that an activity of an osteopath
involves or will involve a risk of imminent injury or harm to the
physical or mental health of any person, the Board may, without
further inquiry, do any or all of the following --
30 (a) give to the osteopath who is carrying on that activity an
order prohibiting the carrying on of the activity for a
period of not more than 30 days;
page 32
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Summary orders of Board Division 4
s. 54
(b) give to the osteopath an order to comply, for a period of
not more than 30 days, with such conditions as the
Board thinks fit in relation to the practice of osteopathy
by that osteopath;
5 (c) give to the osteopath an order suspending the person
from the practice of osteopathy, either generally or in
relation to any specified circumstances or service, for a
period of not more than 30 days.
(2) An order made under subsection (1) must --
10 (a) state that the Board is of the opinion that the activity of
the osteopath involves or will involve a risk of imminent
injury or harm to the physical or mental health of any
person;
(b) specify the activity that in the Board's opinion involves
15 or will involve the risk and the matters that give or will
give rise to the risk; and
(c) advise that, within 14 days of the making of the order,
the Board will revoke the order or make an allegation
about the matter to the State Administrative Tribunal.
20 (3) The Board may, by subsequent order given to the person to
whom the order made under subsection (1) was given, revoke or
vary the original order at any time before making an allegation
about the matter to the State Administrative Tribunal under
section 55.
25 (4) The Board may deal under this section with a complaint even
if --
(a) the Board, the impairment review committee or the
complaints assessment committee is already dealing
with the complaint, or a complaint including elements of
30 the first-mentioned complaint, under this Act; or
(b) the same complaint, or a complaint including elements
of the complaint before the Board, has been made under
the Health Services (Conciliation and Review) Act 1995
page 33
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 5 Disciplinary matters
s. 55
or is being treated as a complaint that was made under
that Act.
55. Complaint dealt with summarily to be referred to the State
Administrative Tribunal
5 (1) Within 14 days of making an order under section 54, if that
order is not revoked under section 54(3), the Board is to --
(a) make an allegation about the matter in respect of which
the order was made to the State Administrative Tribunal;
and
10 (b) order that any other proceedings under this Part in
respect of the matter commenced before the making of
the order be discontinued.
(2) Upon an allegation made under subsection (1) the State
Administrative Tribunal may, in addition to any other order it
15 may make, affirm or revoke an order under section 54(1) or
vary the order by extending the period for which it applies or in
any other respect.
56. Complaint not dealt with summarily to be referred to
relevant committee
20 If the Board does not make an order under section 54 in respect
of a complaint referred to it under section 52(1)(a) then the
Board is to --
(a) refer the complaint to the complaints assessment
committee, if the complaint relates to a disciplinary
25 matter; or
(b) refer the complaint to the impairment review committee,
if the complaint relates to an impairment matter.
Division 5 -- Disciplinary matters
57. Investigation and recommendation
30 (1) If the complaints assessment committee has made a decision to
deal with a complaint relating to a disciplinary matter under this
page 34
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Disciplinary matters Division 5
s. 58
section or has had a complaint referred back to it under
section 56, the complaints assessment committee is to
investigate the complaint.
(2) On completion of the investigation the complaints assessment
5 committee is to make a recommendation to the Board --
(a) to make a summary order under Division 4 (unless the
complaint was referred back to the committee under
section 56);
(b) if the complaint comes within the Health Services
10 (Conciliation and Review) Act 1995 section 25, not
being a complaint referred to the Board under section 31
or 43(3) of that Act, to give a copy of the complaint to
the Director;
(c) if paragraph (b) does not apply, to attempt to settle the
15 complaint by conciliation;
(d) to caution or reprimand the respondent;
(e) to accept an undertaking from the respondent to take or
refrain from action specified in the recommendation;
(f) to make an allegation about the complaint to the State
20 Administrative Tribunal; or
(g) to take no further action.
(3) The complaints assessment committee is not to make a
recommendation under subsection (2)(c) unless it is satisfied
that the matter can be dealt with satisfactorily by informal
25 procedures.
(4) The complaints assessment committee may recommend to the
Board that it take action under both subsection (2)(d) and (e) in
respect of a complaint.
58. Role of Board
30 (1) The Board is to consider the recommendation of the complaints
assessment committee under section 57(2) and may either --
(a) act on the recommendation of the complaints assessment
committee; or
page 35
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 5 Disciplinary matters
s. 59
(b) take action of a kind referred to in section 57(2) other
than that recommended by the complaints assessment
committee.
(2) The Board is not to take action of a kind referred to in
5 section 57(2)(c) unless it is satisfied that the matter can be dealt
with satisfactorily by informal procedures.
(3) The Board may take action under both section 57(2)(d) and (e)
in respect of a complaint.
(4) Within 7 days of making a decision under subsection (1), the
10 Board is to give written notice to the complainant, if any, and
the respondent of the action proposed to be taken by the Board
together with short particulars of the reasons for the decision.
59. Alternative to making allegation to the State Administrative
Tribunal
15 (1) If the Board --
(a) is of the opinion that a proceeding before the Tribunal is
not warranted by the nature of the allegation;
(b) has afforded to the person concerned the opportunity of
giving an explanation to the Board either in person or in
20 writing and is not satisfied by any explanation offered;
and
(c) has afforded to the person concerned the option of the
matter proceeding before the Tribunal and that option
has not been taken up,
25 the Board, instead of making an allegation to the State
Administrative Tribunal under section 58(1), may --
(d) if the person is an osteopath, order that the particulars
entered in the register in relation to that person be
amended;
30 (e) caution or reprimand that person;
page 36
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Impairment matters Division 6
s. 60
(f) if the person is an osteopath, require that person to give
an undertaking to the Board, either with or without
security, for such period as is specified --
(i) in relation to his or her future conduct as an
5 osteopath; or
(ii) to comply with such conditions as are specified
in relation to his or her practice;
or
(g) order that person to pay to the Board a penalty not
10 exceeding $2 500.
(2) The Board may, in addition to or instead of imposing one or
more of the penalties specified in subsection (1), order the
person concerned to pay such costs and expenses of or
incidental to the proceedings as the Board thinks fit.
15 (3) Where any penalty, costs or expenses are ordered to be paid
under this section the amount ordered to be paid is recoverable
in any court of competent jurisdiction as a debt due to the
Board.
(4) Within 7 days of making a decision under subsection (1)(d)
20 to (g) or (2), the Board is to give written notice to the
complainant, if any, and the respondent of the decision together
with short particulars of the reasons for the decision.
Division 6 -- Impairment matters
60. Request by osteopath for imposition of condition
25 (1) An osteopath who believes that his or her ability to practise
osteopathy is affected because of an impairment matter may ask
the Board to impose a condition with respect to his or her
registration.
(2) If the Board and the osteopath agree upon the condition to be
30 imposed, the Board is to impose that condition with respect to
his or her registration.
page 37
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 6 Impairment matters
s. 61
(3) If the Board and the osteopath do not agree upon the condition
to be imposed, the Board is to refer the matter to the impairment
review committee for investigation under this Division.
61. Revocation of condition
5 The Board may revoke a condition imposed under section 60 if
the osteopath satisfies the impairment review committee that his
or her ability to practise osteopathy is no longer affected
because of the impairment matter that gave rise to the
imposition of the condition.
10 62. Investigation
The impairment review committee is to investigate a complaint
referred to it.
63. Osteopath to be notified about investigation
(1) The impairment review committee is to give written notice of
15 the investigation to the osteopath to whom the complaint relates.
(2) The notice must --
(a) advise the osteopath of the nature of the impairment
matter to be investigated;
(b) if the impairment review committee considers that an
20 examination of the osteopath is necessary, ask the
osteopath to advise the committee as to whether or not
he or she will agree to undergo an examination relating
to the impairment matter within a period specified by
the committee in the notice; and
25 (c) contain a brief summary of the effect of this Division.
64. Examination
(1) If the osteopath agrees to undergo an examination within the
period specified in the notice under section 63(2)(b), the
osteopath is to be examined by a medical practitioner agreed
30 upon by the impairment review committee and the osteopath.
page 38
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Impairment matters Division 6
s. 65
(2) If the impairment review committee and the osteopath are
unable to agree upon the person to conduct the examination, the
Board is to appoint a medical practitioner to perform the
examination.
5 (3) The Board is to pay for an examination conducted under this
section and a report provided under section 65.
(4) If the osteopath does not agree to undergo an examination
within the period specified in the notice under section 63(2)(b)
or does not abide by an agreement to undergo such an
10 examination, the impairment review committee is to
recommend to the Board that the Board make an allegation
about the complaint to the State Administrative Tribunal.
65. Report of examination
(1) A medical practitioner who conducts an examination under
15 section 64 is to give a report of the examination to the
impairment review committee and, not more than 7 days later,
the committee is to give a copy of the report to the osteopath.
(2) Despite subsection (1), if it appears to the impairment review
committee that the disclosure to the osteopath of information in
20 the report might be prejudicial to the physical or mental health
or wellbeing of the osteopath, the committee may decide not to
give that report to the osteopath but to give it instead to a
medical practitioner or another osteopath nominated by the
osteopath.
25 (3) If the osteopath does not nominate a medical practitioner or
another osteopath to the impairment review committee within
7 days of being requested to do so by the committee, the
committee may give the report to a medical practitioner or
osteopath selected by the committee.
30 (4) The osteopath may make written representations to the
impairment review committee with respect to the report within
7 days after the report is given to him or her or the medical
page 39
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 6 Impairment matters
s. 66
practitioner or osteopath nominated by him or her or selected by
the committee.
66. Role of the impairment review committee
(1) On completion of the investigation of an osteopath and after
5 considering --
(a) any report given to the committee under section 65(1);
and
(b) any representations made by the osteopath under
section 65(4),
10 the impairment review committee is to decide whether or not
further action should be taken.
(2) If the impairment review committee decides that further action
should be taken, it is to request that the osteopath consent --
(a) to the imposition of conditions on his or her registration;
15 (b) to being suspended from the practice of osteopathy for a
period, not exceeding 2 years, specified by the
impairment review committee; or
(c) to undergo counselling specified by the impairment
review committee.
20 (3) If the impairment review committee decides that no further
action should be taken it is to give written advice to that effect
to --
(a) the Board;
(b) the complainant, if any; and
25 (c) the osteopath.
67. Recommendation
(1) If the osteopath does not consent to a request made under
section 66(2) within 10 days of the request being made, the
impairment review committee is to recommend to the Board
page 40
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Impairment matters Division 6
s. 68
that the Board make an allegation about the complaint to the
State Administrative Tribunal.
(2) If the osteopath does consent to a request made under
section 66(2) within 10 days of the request being made, the
5 impairment review committee is to recommend to the Board
that the Board take any action to which the osteopath consented.
(3) A recommendation made under subsection (1) or (2) must be
made in writing and contain details of the committee's
investigation of the osteopath.
10 68. Role of Board
(1) The Board is to consider a recommendation of the impairment
review committee and may --
(a) decide not to take any action;
(b) take any action to which the osteopath consented under
15 section 66(2); or
(c) make an allegation about the complaint to the State
Administrative Tribunal.
(2) For the purpose of taking action to which the osteopath
consented under section 66(2), the Board may --
20 (a) impose the conditions to which the osteopath consented;
(b) suspend the osteopath from the practice of osteopathy
for the period specified by the impairment review
committee; or
(c) obtain an undertaking from the osteopath to undergo the
25 counselling specified by the impairment review
committee,
as the case may require.
(3) Within 7 days of making a decision under subsection (1) or (2),
the Board is to give written notice to the osteopath and the
30 complainant, if any, of the decision together with short
particulars of the reasons for the decision.
page 41
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 69
Division 7 -- Investigator's role and powers
69. Interpretation
In this Division --
"appointing body", in relation to an investigator, means the
5 Board or the complaints assessment committee which
appointed the investigator.
70. Investigator
(1) The Board or the complaints assessment committee may appoint
a person to investigate a complaint and report to the Board or
10 committee.
(2) An appointing body is to issue to each investigator it appoints a
certificate of appointment in an approved form.
(3) A certificate purporting to have been issued under this section is
evidence in any court of the appointment to which the certificate
15 purports to relate.
71. Report of investigator
(1) An investigator is to --
(a) within such period as the appointing body requires
prepare a report on the investigation, and make
20 recommendations as to the manner in which the
complaint should be dealt with; and
(b) immediately after preparing the report, provide the
appointing body with a copy of the report.
(2) The investigator is to return his or her certificate of appointment
25 at the time the appointing body is provided with a copy of the
report.
page 42
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Investigator's role and powers Division 7
s. 72
72. Powers of investigator
(1) An investigator may for the purposes of an investigation --
(a) enter and inspect the premises named in a warrant issued
under section 74(1), and exercise the powers authorised
5 under section 74(2)(b) and (c);
(b) require a person to produce to the investigator any
document or other thing concerning the investigation
that is in the possession or under the control of the
person;
10 (c) inspect any document or other thing produced to the
investigator and retain it for such reasonable period as
the investigator thinks fit, and make copies of a
document or any of its contents;
(d) require a person --
15 (i) to give the investigator such information as the
investigator requires; and
(ii) to answer any question put to that person,
in relation to the matter the subject of the investigation;
and
20 (e) exercise other powers conferred on an investigator by
the regulations.
(2) A requirement made under subsection (1)(b) --
(a) must be made by notice in writing given to the person
required to produce the document or other thing;
25 (b) must specify the time at or within which the document
or other thing is to be produced;
(c) may, by its terms, require that the document or other
thing required be produced at a place and by means
specified in the requirement; and
30 (d) where the document required is not in a readable format,
is to be treated as a requirement to produce --
(i) the document itself; and
page 43
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 72
(ii) the contents of the document in a readable
format.
(3) A requirement made under subsection (1)(d) --
(a) may be made orally or by notice in writing served on the
5 person required to give information or answer a
question, as the case may be;
(b) must specify the time at or within which the information
is to be given or the question is to be answered, as the
case may be; and
10 (c) may, by its terms, require that the information or answer
required --
(i) be given orally or in writing;
(ii) be given at or sent or delivered to a place
specified in the requirement;
15 (iii) in the case of written information or answers be
sent or delivered by means specified in the
requirement; or
(iv) be verified by statutory declaration.
(4) If under subsection (1)(b) an investigator requires a person to
20 produce any document or other thing concerning the
investigation that is in the possession or under the control of the
person, the investigator is to inform that person that the person
is required under this Act to produce the document or thing.
(5) If under subsection (1)(d) an investigator requires a person to
25 give information or answer a question, the investigator is to
inform that person that the person is required under this Act to
give the information or answer the question.
(6) An investigator is to produce his or her certificate of
appointment if requested to do so by a person in respect of
30 whom the investigator has exercised, or is about to exercise, a
power under this section.
page 44
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Investigator's role and powers Division 7
s. 73
73. Warrant to enter premises
(1) If the Board has determined in a particular case that an
investigator has reasonable grounds for believing that entry to
premises is necessary for the purpose of substantiating a
5 complaint that may involve a threat to the physical or mental
health of a person the investigator may apply to a magistrate for
a warrant to be issued in respect of those premises.
(2) An application for a warrant must --
(a) be in writing;
10 (b) be accompanied by a notice in writing from the Board
stating that it has determined in the particular case that
the investigator has reasonable grounds for believing
that entry to premises is necessary for the purpose of
substantiating a complaint that may involve a threat to
15 the physical or mental health of a person;
(c) set out the grounds for seeking the warrant; and
(d) describe the premises that are to be entered.
(3) A magistrate to whom an application is made under this section
is to refuse it if --
20 (a) the application does not comply with the requirements
of this Act; or
(b) when required to do so by the magistrate, the
investigator does not give to the magistrate more
information about the application.
25 (4) The information in an application or given to a magistrate under
this section must be verified before the magistrate on oath or
affirmation or by affidavit, and the magistrate may for that
purpose administer an oath or affirmation or take an affidavit.
74. Issue of warrant
30 (1) A magistrate to whom an application is made under section 73
may issue a warrant, if satisfied that there are reasonable
page 45
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 75
grounds for believing that entry and inspection of the premises
are necessary for the purpose referred to in that section.
(2) A warrant under subsection (1) authorises the investigator --
(a) to enter and inspect the premises named in the warrant;
5 (b) to require a person on the premises to answer questions
or produce documents or other things concerning the
investigation that are in the possession or under the
control of the person; and
(c) to inspect documents and other things, and take copies
10 of or extracts from documents, produced in compliance
with a requirement made under paragraph (b).
(3) There must be stated in a warrant --
(a) the purpose for which the warrant is issued;
(b) the name of the person to whom the warrant is issued;
15 and
(c) a description of the premises that may be entered.
(4) A magistrate who issues a warrant is to cause a record to be
made of particulars of the grounds that the magistrate has relied
on to justify the issue of the warrant.
20 75. Execution of warrant
(1) If asked by an occupier, or a person in charge, of premises, the
person executing a warrant at those premises is to produce it for
inspection.
(2) A warrant ceases to have effect --
25 (a) at the end of the period of one month after its issue;
(b) if it is withdrawn by the magistrate who issued it; or
(c) when it is executed,
whichever occurs first.
page 46
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Conciliation Division 8
s. 76
Division 8 -- Conciliation
76. Conciliation process
(1) If an attempt is to be made to settle a complaint by conciliation,
the Board is to refer the complaint to the complaints assessment
5 committee.
(2) The complaints assessment committee is to commence
conciliation procedures within 14 days of the complaint being
referred to it under subsection (1) and may for that purpose --
(a) cause conferences of the complainant or person affected
10 by the conduct of the respondent and the respondent, or
their representatives, to be arranged and to be presided
over by a person appointed in accordance with the
regulations;
(b) give advice and make recommendations to assist in the
15 reaching of an agreement; and
(c) cause the persons concerned, or any of them, either
separately or together, to appear before the complaints
assessment committee.
(3) The Board may, with the consent of each of the parties to that
20 agreement, by order give effect to an agreement negotiated
under this Division.
(4) If the Board makes an order under subsection (3) --
(a) the terms of the agreement reached between the parties
referred to in the order are final and binding on those
25 parties; and
(b) the order may include any action that might have been
taken by the State Administrative Tribunal under
section 78(1) or 79(1).
(5) Evidence of anything lawfully said or done, or any record
30 prepared and produced for the purpose of conciliation, by a
person in the course of the conciliation process is not to be used
in any subsequent consideration of the complaint by the Board
page 47
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 9 Role of the State Administrative Tribunal
s. 77
nor, unless that person waives the right to object, is it admissible
in evidence against that person in any subsequent civil
proceedings concerning the subject matter of the complaint.
77. Action if conciliation fails
5 If --
(a) the conciliation process fails to result in an agreement
between the complainant or other person affected by the
conduct of the respondent and the respondent;
(b) the Board is satisfied that the parties are not cooperating
10 with the conciliation process; or
(c) the Board is not satisfied with the result of the
conciliation process,
the Board is to --
(d) make a summary order under Division 4;
15 (e) investigate the complaint; or
(f) make an allegation about the complaint to the State
Administrative Tribunal.
Division 9 -- Role of the State Administrative Tribunal
78. Powers of the State Administrative Tribunal on dealing with
20 a disciplinary matter
(1) If, in a proceeding commenced by an allegation under this Act
against an osteopath, the State Administrative Tribunal is of the
opinion that a disciplinary matter exists in relation to the person,
the Tribunal may do one or more of the following --
25 (a) decline to make an order or a requirement under this
subsection;
(b) order the registrar to amend the particulars entered in the
register in respect of the person;
(c) caution or reprimand the person;
page 48
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Role of the State Administrative Tribunal Division 9
s. 78
(d) require the person --
(i) if the patient agrees, to provide further services
to a patient at no cost or at an amount determined
by the Tribunal;
5 (ii) to pay, wholly or in part, for further services to
be provided to a patient by another osteopath; or
(iii) to reduce or refund the amount of any fees paid
in respect of services provided to a patient, to
such an extent as is determined by the Tribunal;
10 (e) order that the person comply with such conditions as the
Tribunal may impose on the registration of that person;
(f) require the person to complete educational or clinical
courses, or both, as specified in the order or to practise
under supervision as specified in the order for a period
15 specified in the order;
(g) require the person to seek and implement, within a
period specified in the order, advice from a person or
persons specified in the order in relation to the
management and conduct of the person's osteopathy
20 practice, or the specific part or aspect of the practice
specified in the order;
(h) order the person to pay a penalty not exceeding $25 000;
(i) order that the person's registration be cancelled and
name be removed from the register;
25 (j) order that the person be suspended from the practice of
osteopathy, either generally or in relation to any
specified circumstances or service, for a period, not
exceeding 2 years, specified in the order.
(2) If, in a proceeding commenced by an allegation under this Act
30 against a person who was an osteopath when the disciplinary
matter allegedly occurred but who is no longer an osteopath, the
State Administrative Tribunal is of the opinion that a
disciplinary matter exists in relation to that person, the only
page 49
Osteopaths Bill 2005
Part 5 Disciplinary and impairment matters
Division 10 Miscellaneous
s. 79
powers that the Tribunal may exercise are the powers in
subsection (1)(a), (c), (d)(ii) and (iii) and (h).
79. Powers of the State Administrative Tribunal on dealing with
an impairment matter
5 (1) If, in a proceeding commenced by an allegation under
section 68(1)(c), the State Administrative Tribunal is of the
opinion that an impairment matter exists in relation to a person,
the Tribunal may do one or more of the following --
(a) decline to make an order or a requirement under this
10 subsection;
(b) order that the person comply with such conditions as the
Tribunal may impose on the registration of that person;
(c) require the person to seek and undergo medical
treatment or counselling specified by the Tribunal;
15 (d) order that the person be suspended from the practice of
osteopathy, either generally or in relation to any
specified circumstances or service, for the period of
time, not exceeding 2 years, specified by the State
Administrative Tribunal in the order.
20 (2) If, during the course of hearing an allegation in respect of an
impairment matter, the State Administrative Tribunal
determines that the allegation involves a disciplinary matter, the
Tribunal may deal with it under section 78(1) or (2) instead of
under this section.
25 Division 10 -- Miscellaneous
80. Suspension
(1) If, under section 54(1)(c), 68(2)(b), 78(1)(j) or 79(1)(d), a
person is suspended from the practice of osteopathy generally,
the person is to be regarded as not being registered during the
30 period of the suspension.
page 50
Osteopaths Bill 2005
Disciplinary and impairment matters Part 5
Miscellaneous Division 10
s. 81
(2) If, under section 54(1)(c), 78(1)(j) or 79(1)(d), a person is
suspended from the practice of osteopathy in relation to any
specified circumstances or service, the person is to be regarded
as not being registered during the period of the suspension in
5 relation to the circumstances or the performance of the service
specified in the order of suspension.
(3) The Board may, by notice in writing, revoke a suspension,
either generally or to a specified extent, and may direct in the
notice that the revocation has effect from a date specified in the
10 notice.
(4) The Board cannot revoke a suspension that was imposed by the
State Administrative Tribunal under section 78(1)(j) or 79(1)(d)
unless it has applied for, and obtained, the approval of the
Tribunal to do so.
15 81. Costs and recovery
(1) The Board may, in addition to or instead of exercising a power
under section 58(1) or 68(1), order the respondent to pay such
costs and expenses of or arising from the investigation and
exercise of that power as the Board thinks fit.
20 (2) Any costs or expenses ordered to be paid under this section are
recoverable by the Board in a court of competent jurisdiction as
a debt due to the Board.
page 51
Osteopaths Bill 2005
Part 6 Offences
s. 82
Part 6 -- Offences
82. Persons who may practise osteopathy
A person must not practise osteopathy unless that person is a
registered person.
5 Penalty:
(a) in the case of an individual --
(i) for a first offence, $5 000; and a daily penalty
of $200;
(ii) for a second or subsequent offence, $10 000;
10 and a daily penalty of $400;
(b) in any other case --
(i) for a first offence, $10 000; and a daily
penalty of $400;
(ii) for a second or subsequent offence, $20 000;
15 and a daily penalty of $800.
83. Persons who may be employed or engaged to practise
osteopathy
A person must not employ or engage a person to practise
osteopathy unless the person employed or engaged is a
20 registered person.
Penalty:
(a) in the case of an individual --
(i) for a first offence, $5 000; and a daily penalty
of $200;
25 (ii) for a second or subsequent offence, $10 000;
and a daily penalty of $400;
(b) in any other case --
(i) for a first offence, $10 000; and a daily
penalty of $400;
page 52
Osteopaths Bill 2005
Offences Part 6
s. 84
(ii) for a second or subsequent offence, $20 000;
and a daily penalty of $800.
84. Exceptions to sections 82 and 83
(1) In this section --
5 "student" means a person who is enrolled as a student and is
studying for a qualification referred to in section 27(2)(f).
(2) For the purposes of sections 82 and 83, a person is not
practising osteopathy only because --
(a) the person is a student; or
10 (b) the person employs or engages a person who practises
osteopathy.
85. Use of title "osteopath" or pretending to be registered
A person must not --
(a) use the title "osteopath" unless the person is a registered
15 person; or
(b) advertise, or otherwise hold out or imply, that the person
is registered or entitled, either alone or with others, to
practise osteopathy, unless that person is a registered
person.
20 Penalty:
(a) for a first offence, $2 500; and a daily penalty of
$100;
(b) for a second or subsequent offence, $5 000; and a
daily penalty of $200.
25 86. Failure to comply with disciplinary action
A person must not contravene or fail to comply with an order of
the Board given to that person under section 54 or 59.
Penalty:
(a) in the case of an individual, $5 000;
30 (b) in any other case, $10 000.
page 53
Osteopaths Bill 2005
Part 6 Offences
s. 87
87. False or misleading information
(1) A person must not do any of the things set out in
subsection (2) --
(a) in relation to an application;
5 (b) in relation to the compliance, or purported compliance,
with any requirement of this Act to give the Board or the
registrar advice or information; or
(c) in relation to an attempt at conciliation under section 76.
Penalty: $24 000 or imprisonment for 2 years.
10 (2) The things to which subsection (1) applies are --
(a) making a statement which the person knows is false or
misleading in a material particular;
(b) making a statement which is false or misleading in a
material particular, with reckless disregard as to whether
15 or not the statement is false or misleading in a material
particular;
(c) providing, or causing to be provided, information that
the person knows is false or misleading in a material
particular; or
20 (d) providing, or causing to be provided, information that is
false or misleading in a material particular, with reckless
disregard as to whether the information is false or
misleading in a material particular.
88. Offences in relation to investigation
25 (1) Where under section 72 a person is required to give any
information, answer any question, or produce any document or
thing and that person, without reasonable excuse (proof of
which lies on the person) --
(a) fails to give that information or answer that question at
30 or within the time specified in the requirement;
page 54
Osteopaths Bill 2005
Offences Part 6
s. 89
(b) gives any information or answer that is false in any
particular; or
(c) fails to produce that document or thing at or within the
time specified in the requirement,
5 the person commits an offence.
Penalty:
(a) in the case of an individual, $5 000;
(b) in any other case, $10 000.
(2) It is a defence in any proceeding for an offence under
10 subsection (1)(a) or (c) for the accused to show --
(a) that, in the case of an alleged offence arising out of a
requirement made orally under section 72, the
investigator did not, when making the requirement,
inform the accused that he or she was required under
15 this Act to give the information or answer the question,
as the case may be;
(b) that, in the case of an alleged offence arising out of a
requirement made by notice in writing under section 72,
the notice did not state that he or she was required under
20 this Act to give the information, answer the question, or
produce the document or thing, as the case may be;
(c) that the time specified in the requirement did not afford
the accused sufficient notice to enable him or her to
comply with the requirement; or
25 (d) that, in any case, the investigator did not, before making
the requirement, have reasonable grounds to believe that
compliance with the requirement would materially assist
in the investigation being carried out.
89. Obstruction of investigator
30 A person must not prevent or attempt to prevent an investigator
from entering premises or otherwise obstruct or impede an
page 55
Osteopaths Bill 2005
Part 6 Offences
s. 90
investigator in the exercise of his or her powers under
section 72.
Penalty:
(a) in the case of an individual, $5 000;
5 (b) in any other case, $10 000.
90. Assistance to execute warrant
An osteopath, and any person --
(a) who engages or employs the osteopath to practise
osteopathy;
10 (b) who is engaged or employed by the osteopath in the
osteopath's practice; or
(c) with whom the osteopath practises osteopathy in
partnership,
at the premises named in the warrant is to provide all reasonable
15 assistance to an investigator executing the warrant issued under
section 74.
Penalty:
(a) in the case of an individual, $2 500;
(b) in any other case, $5 000.
20 91. Surrender of certificate
(1) Where --
(a) a person's registration is cancelled and name removed
from the register; or
(b) a person is suspended from the practice of osteopathy,
25 the person is, within 14 days after the day on which the person
is notified by the Board of the cancellation and removal of name
or suspension, to surrender to the Board his or her certificate of
registration.
Penalty: $1 000.
page 56
Osteopaths Bill 2005
Offences Part 6
s. 92
(2) The Board may direct in writing that a person who is suspended
from the practice of osteopathy under section 54 is not obliged
to comply with subsection (1) and, in that case, the subsection
does not apply to that person.
5 (3) It is a defence to a prosecution for an offence against
subsection (1) if the accused satisfies the court that the failure to
surrender the certificate was due to its loss or destruction.
92. Incriminating information, questions, or documents
An individual is not excused from complying with a
10 requirement under section 72 on the ground that the answer to a
question or the production of a document or other thing might
incriminate the individual or render the individual liable to a
penalty, but neither --
(a) an answer given by the individual that was given to
15 comply with the requirement; nor
(b) the fact that a document or other thing produced by the
individual to comply with the requirement was
produced,
is admissible in evidence in any civil or criminal proceedings
20 against the individual other than proceedings for an offence
against section 88(1)(b).
93. Legal professional privilege
Nothing in Part 5 or this Part prevents a person from refusing to
answer a question, provide information or produce a document
25 or other thing because the answer or information would relate
to, or the document or thing contains, information in respect of
which the person claims legal professional privilege.
page 57
Osteopaths Bill 2005
Part 7 Codes of practice, rules and regulations
s. 94
Part 7 -- Codes of practice, rules and regulations
94. Codes of practice
(1) The Board may, with the approval of the Minister, issue codes
of practice for the practice of osteopathy and the conduct of
5 osteopaths.
(2) The code of practice may adopt the provisions of other
publications, whether with or without modification or addition
and whether in force at a particular time or from time to time.
(3) A breach of a code of practice does not of itself constitute a
10 disciplinary matter for the purposes of section 47 but in any
proceedings under Part 5 such a breach may be asserted and
may be taken into account in determining any question that
arises under that Part.
(4) Except as provided in subsection (3), no civil or criminal
15 liability attaches to a person by reason only that the person has
committed a breach of a code of practice.
(5) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
the code of practice as if the code of practice were regulations.
95. Rules
20 (1) The Board may make rules prescribing all matters required or
permitted by this Act to be prescribed by rules or necessary or
convenient to be prescribed for carrying out this Act.
(2) Without limiting subsection (1), rules may be made for all or
any of the following purposes --
25 (a) prescribing the courses of study and training, including
practical experience, to be undertaken, and the
examinations to be passed, by persons desiring to be
registered under this Act, and determining the
qualifications to be held by persons wanting to study
30 osteopathy;
page 58
Osteopaths Bill 2005
Codes of practice, rules and regulations Part 7
s. 96
(b) regulating the holding of examinations and the
appointment of examiners and for the issue of diplomas
or certificates to persons passing the examinations;
(c) regulating the practice of osteopathy by osteopaths and
5 the manner of carrying on that practice;
(d) prescribing what diplomas, degrees or certificates of
schools of osteopathy or other evidence of qualification
will be recognised and accepted by the Board as a
substitute for the examinations of the Board, and
10 whether immediately or after further training;
(e) regulating the manner in which osteopaths may
advertise or display or publicise their practice of
osteopathy.
(3) A rule made under subsection (1) has no effect unless and until
15 it is confirmed by the Governor.
(4) Nothing in subsection (3) affects the operation of the
Interpretation Act 1984 Part VI.
(5) The rules may provide that contravention of a rule is an offence,
and provide, for an offence against the rules, a penalty not
20 exceeding a fine of $5 000.
96. Regulations
(1) The Governor may make regulations --
(a) prescribing all matters that are required or permitted by
the Act to be prescribed by regulation; and
25 (b) with respect to any matter on which the Board may
make rules.
(2) Without limiting subsection (1), regulations may be made for all
or any of the following purposes --
(a) regulating the meetings and proceedings of, and the
30 conduct of business by, the Board or a committee;
page 59
Osteopaths Bill 2005
Part 7 Codes of practice, rules and regulations
s. 97
(b) making provisions relating to registration, including
applications for and the amendment or renewal of
registration;
(c) maintaining the accuracy of the register;
5 (d) regulating the issue, display and use of certificates of
registration;
(e) regulating the manner of making to the complaints
assessment committee any complaint against or
concerning a person who is, or was, registered and who
10 may make such a complaint;
(f) regulating the conduct of investigations under Part 5;
(g) regulating the conduct of conciliation conferences under
section 76 and the appointment of persons to preside
over those conferences;
15 (h) prescribing the fees to be paid for the purposes of this
Act and the persons liable for payment;
(i) prescribing returns and notices that are to be given to the
Board, and the manner in which they are to be given;
(j) providing that information supplied to the Board may be
20 required to be verified by statutory declaration.
(3) Where a regulation is inconsistent with a rule the regulation
prevails to the extent of the inconsistency.
(4) The regulations may provide that contravention of a regulation
is an offence, and provide, for an offence against the
25 regulations, a penalty not exceeding a fine of $5 000.
97. Forms
Forms that are convenient for the purposes of this Act
may be --
(a) prescribed by the regulations or rules; or
30 (b) approved.
page 60
Osteopaths Bill 2005
Miscellaneous Part 8
s. 98
Part 8 -- Miscellaneous
98. Protection
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
5 purported performance of a function under this Act.
(2) The Crown is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (1).
(3) The protection given by this section applies even though the
10 thing done as described in subsection (1) may have been
capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(5) A person who, in relation to any investigation under Part 5 --
15 (a) performs any function under that Part; or
(b) is otherwise concerned in proceedings under that Part,
has, in respect of any such function or concern, the same
protection and immunity as a member or officer of the Supreme
Court, or a witness or party before the Supreme Court, would
20 have in respect of a function or concern of a like nature related
to the jurisdiction of the Supreme Court.
99. Notice of decision to be given
(1) Subsection (2) applies to the following decisions --
(a) any decision refusing an application to the Board for
25 registration;
(b) any decision to impose, or vary, a condition under
section 27, 28, 29, 30 or 35(4), otherwise than by
consent;
page 61
Osteopaths Bill 2005
Part 8 Miscellaneous
s. 100
(c) any decision under section 29(5); or
(d) any decision to remove a name from the register under
section 40.
(2) If the Board makes a decision to which this subsection applies,
5 it is to record the grounds on which the decision was based, and
its reasons, and is as soon as is practicable, but in any case not
later than 30 days after making the decision, to give written
notice of the decision, together with those grounds and reasons,
to the person to whom the decision relates.
10 100. Review
A person who is aggrieved by --
(a) an order under section 54 or 59; or
(b) a decision referred to in section 99(1),
may apply to the State Administrative Tribunal for a review of
15 the order or decision.
101. Publication of proceedings etc.
(1) Subsection (2) applies to the following --
(a) the Board, any member of the Board, the registrar or any
officer or delegate of the Board or registrar;
20 (b) any committee or any member of a committee or person
referred to in section 16(5);
(c) any board or authority outside the State charged with
regulating the registration and supervision of osteopaths
or any officer or agent of, or person engaged or
25 employed by, the board or authority;
(d) any journalist for, the proprietor or any person
concerned in the publication or operation of, any
newspaper or periodical or of any electronic medium.
(2) Without limiting the operation of section 98, no action, claim or
30 demand lies against a person to whom this subsection applies in
respect of the communication or publication in good faith of any
page 62
Osteopaths Bill 2005
Miscellaneous Part 8
s. 102
finding, reason or decision of the Board, the complaints
assessment committee, the impairment review committee or the
State Administrative Tribunal.
(3) The Board may give notice of a finding, reason or decision of
5 the Board, the complaints assessment committee, the
impairment review committee or the State Administrative
Tribunal in respect of a person to --
(a) any person referred to in subsection (1)(c) or (d);
(b) any body that has granted the person a qualification that
10 is entered in the register;
(c) any relevant professional association or trade union of
which the person is a member;
(d) any person who has engaged or employed the person to
practise osteopathy or any person with whom the person
15 practises osteopathy in partnership; and
(e) any other person who, in the opinion of the Board,
should be made aware of the finding, reason or decision,
and may publish notice of the finding, reason or decision in the
Gazette or in such other manner as the Board thinks fit.
20 102. Legal proceedings
(1) Any proceedings for an offence against this Act may be taken in
the name of the Board by the registrar or any other person
authorised in that behalf by the Board.
(2) All proceedings for offences against this Act are to be heard by
25 a court of summary jurisdiction constituted by a magistrate.
(3) In any proceedings no proof is required of --
(a) the appointment of a member or deputy of a member of
the Board or a member of a committee; or
(b) the authorisation of a person under subsection (1),
30 but an averment in a prosecution notice that the person is so
appointed or authorised is to be taken to be proved in the
absence of evidence to the contrary.
page 63
Osteopaths Bill 2005
Part 8 Miscellaneous
s. 103
(4) In all courts and before all persons and bodies authorised to
receive evidence, in the absence of evidence to the contrary --
(a) a certificate purporting to be issued on behalf of the
Board and stating that a person was or was not
5 registered by the Board, the conditions to which a
registration was subject, or that a person was suspended
from the practice of osteopathy, on any day or days or
during a period mentioned in the certificate, is evidence
of the matters so stated;
10 (b) a copy of or extract from a register or any statement that
purports to reproduce matters entered in the register that
is certified by the registrar as a true copy, extract or
statement, is evidence of the facts appearing in that
copy, extract or statement; and
15 (c) judicial notice is to be taken of the fact that a person is
the holder of the office of registrar and of the signature
of the registrar on a certificate purporting to be issued
under paragraph (b).
(5) A notice or appointment purporting to be signed by the
20 chairperson or a person referred to in section 49(5)(b)
or 50(4)(b) is to be presumed to be duly signed until the
contrary is shown.
103. Liability of certain officers of body corporate: offences
(1) If a body corporate is charged with an offence under this Act,
25 every person who was an officer of the body corporate at the
time of the alleged offence may also be charged with the
offence.
(2) If a body corporate and an officer are charged as permitted by
subsection (1) and the body corporate is convicted of the
30 offence, the officer is to be taken to have also committed the
offence, subject to subsection (5).
(3) If a body corporate commits an offence under this Act, then,
although the body corporate is not charged with the offence,
page 64
Osteopaths Bill 2005
Miscellaneous Part 8
s. 104
every person who was an officer of the body corporate at the
time the offence was committed may be charged with the
offence.
(4) If an officer is charged as permitted by subsection (3) and it is
5 proved that the body corporate committed the offence, the
officer is to be taken to have also committed the offence, subject
to subsection (5).
(5) If under this section an officer is charged with an offence it is a
defence to prove --
10 (a) that the offence was committed without the officer's
consent or connivance; and
(b) that the officer took all the measures to prevent the
commission of the offence that he or she could
reasonably be expected to have taken having regard to
15 the officer's functions and to all the circumstances.
104. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiration of 5 years from its commencement, and in the course
20 of that review the Minister is to consider and have regard to --
(a) the effectiveness of the operations of the Board;
(b) the need for the continuation of the functions of the
Board; and
(c) any other matters that appear to the Minister to be
25 relevant to the operation and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review made
under subsection (1) and as soon as is practicable after the
preparation of the report, cause it to be laid before each House
of Parliament.
30 105. Osteopaths Act 1997 repealed
The Osteopaths Act 1997 is repealed.
page 65
Osteopaths Bill 2005
Part 8 Miscellaneous
s. 106
106. Osteopaths Rules 1999 repealed
The Osteopaths Rules 1999 are repealed.
107. Transitional and savings provisions
Schedule 2 sets out transitional and savings provisions.
5 108. Consequential amendments
Schedule 3 sets out consequential amendments.
page 66
Osteopaths Bill 2005
Constitution and proceedings of the Board Schedule 1
General provisions Division 1
cl. 1
Schedule 1 -- Constitution and proceedings of the Board
[s. 8]
Division 1 -- General provisions
1. Term of office
5 (1) Subject to clause 4, a member of the Board holds office for such term,
not exceeding 3 years, as is specified in the member's instrument of
appointment.
(2) Subject to subclause (3), a member of the Board is not to hold office
for more than 9 years, consecutively or otherwise.
10 (3) If in the opinion of the Minister there are special reasons for doing so,
a person may be appointed so that he or she holds office for more than
9 years, consecutively or otherwise.
2. Functions of deputy presiding member
(1) The deputy presiding member is to perform the functions of the
15 presiding member when the presiding member is unable to do so by
reason of illness, absence or other cause, or when the office of
presiding member is vacant.
(2) No act or omission of the deputy presiding member acting as
presiding member is to be questioned on the ground that the occasion
20 for his or her so acting had not arisen or had ceased.
3. Deputy members
(1) The Minister may appoint an eligible person to be a deputy of a
member and may terminate such an appointment at any time.
(2) The provisions of section 6 that apply to and in relation to the
25 appointment of a member apply, with any necessary modification, to
and in relation to the appointment of the deputy of that member.
(3) A deputy of a member may perform the functions of the member
when the member is unable to do so by reason of illness, absence or
other cause.
page 67
Osteopaths Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 1 General provisions
cl. 4
(4) Despite anything in this Act, a deputy of a member may continue to
act as a member, after the occasion for so acting has ceased, for the
purpose of completing any function.
(5) A deputy of a member, while acting as a member, has all the
5 functions of and all the protection given to a member.
(6) No act or omission of a person acting in place of another under this
clause is to be questioned on the ground that the occasion for so
acting had not arisen or had ceased.
4. Vacation of office by member
10 (1) A member of the Board may resign from office by notice in writing
given to the Minister.
(2) A member who resigns under subclause (1) is to give a copy of the
notice of resignation to the registrar.
(3) A member of the Board may be removed from office by the
15 Minister --
(a) for mental or physical disability, incompetence, neglect of
duty or misconduct that impairs the performance of the
member's duties;
(b) if the member is an insolvent under administration, as that
20 term is defined in the Corporations Act section 9;
(c) if the member is absent without leave of the Board from
3 consecutive meetings of the Board of which the member
has had notice; or
(d) for any other act or omission that in the opinion of the
25 Minister may cause prejudice or injury to the Board.
(4) A member of the Board must be removed from office by the Minister
if the member ceases to hold a position or qualification by virtue of
which the member was appointed or if, in the case of a member who
is an osteopath, the registration of the member under this Act is
30 suspended.
5. General procedure concerning meetings
(1) The presiding member is to preside at all meetings of the Board at
which he or she is present.
page 68
Osteopaths Bill 2005
Constitution and proceedings of the Board Schedule 1
General provisions Division 1
cl. 6
(2) If both the presiding member and deputy presiding member are absent
from a meeting the members present are to appoint one of their
number to preside.
(3) A quorum for a meeting of the Board is 4 members.
5 (4) The procedure for convening meetings of the Board and the conduct
of business at those meetings is, subject to this Act, to be as
determined by the Board.
6. Voting
(1) A decision of the majority of members at a meeting of the Board at
10 which a quorum is present is the decision of the Board.
(2) If the votes of members present at a meeting and voting are equally
divided the member presiding at the meeting is to have a casting vote
in addition to a deliberative vote.
7. Holding meetings remotely
15 The presence of a person at a meeting of the Board need not be by
attendance in person but may be by that person and each other person
at the meeting being simultaneously in contact by telephone, or other
means of instantaneous communication.
8. Resolution without meeting
20 A resolution in writing signed by each member of the Board or
assented to by each member by letter, facsimile transmission,
electronic mail or other written means has effect as if it had been
passed at a meeting of the Board.
9. Minutes
25 The Board is to ensure that an accurate record is kept and preserved of
the proceedings at each meeting of the Board and of each resolution
passed by the Board.
page 69
Osteopaths Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 2 Disclosure of interests etc.
cl. 10
Division 2 -- Disclosure of interests etc.
10. Meaning of "member"
In this Division --
"member" means a member of the Board or a member of a
5 committee, as the case may be.
11. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the Board or a committee
must, as soon as possible after the relevant facts have come to the
10 member's knowledge, disclose the nature of the interest at a meeting
of the Board or the committee.
Penalty: $10 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
15 12. Exclusion of interested member
(1) A member who has a material personal interest in a matter that is
being considered by the Board or a committee --
(a) must not vote, whether at a meeting or otherwise, on the
matter; and
20 (b) must not be present while the matter is being considered at a
meeting.
(2) In subclause (1)(a) or (b) a reference to a matter also refers to a
proposed resolution under clause 13 in respect of the matter, whether
relating to that member or a different member.
25 13. Board or committee may resolve that clause 12 inapplicable
Clause 12 does not apply if the Board or a committee has at any time
passed a resolution that --
(a) specifies the member, the interest, and the matter; and
(b) states that the members voting for the resolution are satisfied
30 that the interest should not disqualify the member from
considering or voting on the matter.
page 70
Osteopaths Bill 2005
Constitution and proceedings of the Board Schedule 1
Disclosure of interests etc. Division 2
cl. 14
14. Quorum where clause 12 applies
(1) When the Board is dealing with a matter in relation to which a
member of the Board is disqualified under clause 12, 3 members who
are entitled to vote on any motion that may be moved in relation to the
5 matter constitute a quorum.
(2) The Minister may deal with a matter to the extent that the Board
cannot deal with it because of subclause (1).
15. Minister may declare clauses 12 and 14 inapplicable
(1) The Minister may by writing declare that clause 12 or 14 does not
10 apply in relation to a specified matter, either generally or for the
purpose of dealing with particular proposed resolutions.
(2) The Minister is to, within 14 sitting days after a declaration under
subclause (1) is made, cause a copy of the declaration to be laid
before each House of Parliament.
page 71
Osteopaths Bill 2005
Schedule 2 Transitional and savings
cl. 1
Schedule 2 -- Transitional and savings
[s. 107]
1. Terms used in this Schedule
In this Schedule --
5 "commencement day" means the day on which this Act comes into
operation;
"liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
owed alone or jointly or jointly and severally with any other
10 person;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
"the former Board" means the Osteopaths Registration Board
established under the repealed Act;
15 "the new Board" means Osteopaths Registration Board of Western
Australia established under this Act;
"the repealed Act" means the Osteopaths Act 1997.
2. Interpretation Act 1984 not affected
The provisions of this Schedule do not prejudice or affect the
20 application of the Interpretation Act 1984 to and in relation to the
repeals effected by sections 105 and 106.
3. The Osteopaths Registration Board continues
(1) The new Board is a continuation of, and the same legal entity as, the
former Board and the rights and liabilities of the entity are not
25 affected.
(2) If in a written law or other document or instrument there is a reference
to the former Board, that reference may, where the context so
requires, be read as if it had been amended to be a reference to the
new Board.
page 72
Osteopaths Bill 2005
Transitional and savings Schedule 2
cl. 4
4. Board members
(1) A member of the former Board ceases to be a member on the
commencement day.
(2) Two of the members of the new Board as first constituted under this
5 Act are to hold office for such term, not exceeding 18 months, as is
specified in the member's instrument of appointment.
5. The registrar and other staff
(1) The registrar of the former Board who held office immediately before
the commencement day continues in office, under and subject to this
10 Act, as the registrar of the new Board.
(2) The other officers of the former Board who held office immediately
before the commencement day continue in office, under and subject to
this Act, as officers of the new Board.
(3) A person mentioned in subclause (1) or (2) is to be regarded as having
15 been engaged or employed, as is relevant, under this Act.
(4) Except as otherwise agreed by a person mentioned in subclause (1)
or (2), the remuneration, existing or accrued rights, rights under a
superannuation scheme or continuity of service of the person are not
affected, prejudiced or interrupted by the operation of subclause (1)
20 or (2) or the repeal of the Osteopaths Act 1997.
(5) The rights under a superannuation scheme of a person who was a
registrar or officer of the former Board are not affected, prejudiced or
interrupted by the repeal of the Osteopaths Act 1997.
6. Persons registered under the repealed Act
25 (1) A natural person who immediately before the commencement day
was registered under the repealed Act is, on the commencement day,
to be taken to be registered under this Act for the period that, and
subject to the same conditions as, applied to that person's registration
under the repealed Act.
30 (2) If under subclause (1) a person is to be taken to be registered under
this Act, the new Board may within 6 months of the commencement
day, by notice in writing to the person, impose the conditions referred
to in section 30(2) on the person's registration under this Act.
page 73
Osteopaths Bill 2005
Schedule 2 Transitional and savings
cl. 7
7. Register
The register of osteopaths kept under section 28 of the repealed Act
immediately before the commencement day is to be taken to be the
register required to be kept under section 36.
5 8. Certificates of registration issued under the repealed Act
A certificate of registration in force under the repealed Act
immediately before the commencement day is, subject to this Act, to
be taken to be a certificate of registration for the purposes of this Act.
9. Restoration of certain names to the register
10 If a person's name has been struck off the register under
section 70(1)(k) of the repealed Act, section 35 applies to that person
as if the person were a disqualified person as defined in section 35(1).
10. Suspensions
(1) Subject to subclause (2), if immediately before the commencement
15 day a person was suspended under a provision of the repealed Act that
person is to be taken to be suspended under this Act and section 80
applies to the suspension.
(2) If immediately before the commencement day a person was
suspended under section 70(1)(l) of the repealed Act, section 80
20 applies to the suspension as if the person had been suspended under
section 78(1)(j).
11. Undertakings under the repealed Act
(1) If a person has given an undertaking under a provision of the repealed
Act that undertaking is not affected by the repeal of that Act.
25 (2) If the new Board is satisfied that the person has breached the
undertaking before, on or after the commencement day, the Board
may deal with the person as if the person had failed to comply with an
undertaking given under a provision of this Act.
12. Matters being dealt with by the complaints assessment committee
30 (1) On the commencement day, the complaints assessment committee
established under the repealed Act as in force immediately before the
page 74
Osteopaths Bill 2005
Transitional and savings Schedule 2
cl. 13
commencement day continues as if it had been established under
section 49 and is to be taken to be the committee established under
that section.
(2) If immediately before the commencement day the complaints
5 assessment committee was dealing with a complaint under Part 5
Division 2 of the repealed Act, the committee is to continue dealing
with the complaint as if the complaint were a complaint lodged with
the committee under this Act.
(3) If immediately before the commencement day the complaints
10 assessment committee was dealing with a complaint under Part 5
Division 5 of the repealed Act, the committee is to continue dealing
with the complaint as if the complaint had been referred to it under
section 76 of this Act for conciliation.
13. Matters being dealt with by the Board
15 (1) If immediately before the commencement day the former Board was
considering a recommendation of the complaints assessment
committee under section 52 of the repealed Act but had not decided
how to deal with the recommendation, the new Board is to consider
the recommendation as if section 58 applied to the recommendation.
20 (2) If immediately before the commencement day the former Board was
dealing with a matter under Part 5 Division 3 of the repealed Act, the
new Board is to deal with the matter as if Part 5 Division 4 of this Act
applied to the matter.
14. Investigations
25 If immediately before the commencement day an investigator was
investigating a complaint under the repealed Act Part 5 Division 4, the
investigator is to continue investigating the matter as if he or she had
been appointed under Part 5 Division 7 of this Act and the appointing
body were --
30 (a) where he or she was appointed by the complaints assessment
committee established under the repealed Act, that
complaints assessment committee; or
(b) where he or she was appointed by the former Board, the new
Board.
page 75
Osteopaths Bill 2005
Schedule 2 Transitional and savings
cl. 15
15. Disciplinary proceedings
If disciplinary proceedings under Part 5 Division 6 of the repealed Act
have been commenced before the commencement day but not finally
determined before that day, the proceedings may be dealt with and
5 determined under section 78 or 79, as the case may require, as if an
allegation had been made under this Act.
16. Failure to comply with an order made under the repealed Act
If immediately before the commencement day an order made by the
former Board was in effect in relation to a person under the repealed
10 Act, that order is not affected by the repeal of that Act and failure to
comply with it before, on or after the commencement day may be
dealt with under section 86 as if the order were an order made under
section 54 or 59, as the case requires.
17. Registered body corporate
15 A body corporate registered under section 21 of the repealed Act
immediately before the commencement day ceases to be so registered
on the commencement day.
18. Annual report for part of a year
(1) The former Board is to make and submit an annual report as required
20 by the repealed Act section 44, but limited to the period from 1 July
preceding the commencement day to the commencement day, and that
section applies as if that period were a year.
(2) Despite the repeal of the repealed Act and this Schedule, the former
Board remains in existence for the purpose of subclause (1) and is
25 entitled to receive from the new Board and its staff such assistance as
it may require for the purpose.
19. Powers in relation to transitional provision
(1) If there is no sufficient provision in this Schedule for dealing with a
transitional matter the Governor may make regulations prescribing all
30 matters that are required, necessary or convenient to be prescribed in
relation to that matter.
page 76
Osteopaths Bill 2005
Transitional and savings Schedule 2
cl. 19
(2) Regulations made under subclause (1) may provide that specific
provisions of this Act --
(a) do not apply; or
(b) apply with specific modifications,
5 to or in relation to any matter.
(3) Regulations made under subclause (1) must be made within
12 months after the commencement day.
(4) If regulations made under subclause (1) provide that a specified state
of affairs is to be taken to have existed, or not to have existed, on and
10 from a day that is earlier than the day on which the regulations are
published in the Gazette but not earlier than the commencement day,
the regulations have effect according to their terms.
(5) In subclause (4) --
"specified" means specified or described in the regulations.
15 (6) If regulations contain a provision referred to in subclause (4), the
provision does not operate so as --
(a) to affect in a manner prejudicial to any person (other than the
State), the right of that person existing before the day of
publication of those regulations; or
20 (b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the day of publication of those regulations.
page 77
Osteopaths Bill 2005
Schedule 3 Consequential amendments
cl. 1
Schedule 3 -- Consequential amendments
[s. 108]
1. Civil Liability Act 2002 amended
(1) The amendments in this clause are to the Civil Liability Act 2002*.
5 [* Act No. 35 of 2002.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 65.]
(2) Section 5PA is amended in paragraph (h) of the definition of "health
professional" by deleting "Osteopaths Act 1997" and inserting
10 instead --
" Osteopaths Act 2005 ".
2. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this clause are to the Constitution Acts
Amendment Act 1899*.
15 [* Reprint 13 as at 18 March 2005.
For subsequent amendments see Acts Nos. 59 and 70 of 2004 and 1
and 2 of 2005.]
(2) Schedule V Part 3 is amended by deleting the item commencing "The
Osteopaths Registration Board" and inserting instead --
20 "
The Osteopaths Registration Board of Western Australia
established under the Osteopaths Act 2005.
".
3. Health Professionals (Special Events Exemption) Act 2000
25 amended
(1) The amendments in this clause are to the Health Professionals
(Special Events Exemption) Act 2000*.
[* Act No. 7 of 2000.]
page 78
Osteopaths Bill 2005
Consequential amendments Schedule 3
cl. 4
(2) Section 3(1) is amended in the definition of "Health Registration Act"
by deleting "Osteopaths Act 1997;" and inserting instead --
" Osteopaths Act 2005; ".
4. Health Services (Conciliation and Review) Act 1995 amended
5 (1) The amendments in this clause are to the Health Services
(Conciliation and Review) Act 1995*.
[* Reprint 2 as at 18 March 2005.]
(2) Section 53(1) is amended as follows:
(a) by inserting after "If a registration board" --
10 "
or a committee established by a registration board
";
(b) by inserting after "the board" --
" or the committee ".
15 (3) Section 53(2) is amended by inserting after "under subsection (1)" --
"
or by a registration board under an Act mentioned in
Schedule 1
".
20 (4) Section 53(3) is amended by inserting after "the board" --
" or the committee ".
(5) Schedule 1 item 6a is deleted and the following item is inserted
instead --
"
6a. The Osteopaths Registration Board of Western
Australia established under the Osteopaths Act 2005.
25 ".
page 79
Osteopaths Bill 2005
Schedule 3 Consequential amendments
cl. 5
5. Juries Act 1957 amended
(1) The amendments in this clause are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.
For subsequent amendments see Western Australian Legislation
5 Information Tables for 2004, Table 1, p. 232 and Act No. 1 of
2005.]
(2) The Second Schedule Part II item 2 is amended by deleting
"Osteopaths Act 1997" and inserting instead --
" Osteopaths Act 2005 ".
10 6. State Administrative Tribunal Act 2004 amended
(1) The amendments in this clause are to the State Administrative
Tribunal Act 2004*.
[* Act No. 54 of 2004.
For subsequent amendments see Western Australian Legislation
15 Information Tables for 2004, Table 1, p. 427.]
(2) Schedule 1 is amended by deleting "Osteopaths Act 1997" and
inserting instead --
" Osteopaths Act 2005 ".
page 80
Osteopaths Bill 2005
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
application ....................................................................................................... 3
appointing body.............................................................................................. 69
approved .......................................................................................................... 3
Board............................................................................................................... 3
certificate of registration................................................................................... 3
commencement day..........................................................................Sch. 2, cl. 1
committee ........................................................................................................ 3
complainant...................................................................................................... 3
complaint ......................................................................................................... 3
complaints assessment committee..................................................................... 3
condition .......................................................................................................... 3
Corporations Act .............................................................................................. 3
Director............................................................................................................ 3
disciplinary matter............................................................................................ 3
disqualified person .....................................................................................35(1)
document ......................................................................................................... 3
impairment....................................................................................................... 3
impairment matter ............................................................................................ 3
impairment review committee........................................................................... 3
information ................................................................................................14(1)
insolvent ....................................................................................................44(1)
investigator ...................................................................................................... 3
legal practitioner............................................................................................... 3
liability ............................................................................................Sch. 2, cl. 1
medical practitioner.......................................................................................... 3
member.......................................................................................... Sch. 1, cl. 10
member of the Board........................................................................................ 3
officer .............................................................................................................. 3
osteopath.......................................................................................................... 3
osteopathy........................................................................................................ 3
presiding member............................................................................................. 3
professional indemnity insurance ................................................................30(1)
register............................................................................................................. 3
registered ......................................................................................................... 3
registrar............................................................................................................ 3
registration ....................................................................................................... 3
respondent........................................................................................................ 3
right .................................................................................................Sch. 2, cl. 1
somatic dysfunction.......................................................................................... 3
page 81
Osteopaths Bill 2005
Defined Terms
specified.....................................................................................Sch. 2, cl. 19(5)
student .......................................................................................................84(1)
the former Board ..............................................................................Sch. 2, cl. 1
the new Board ..................................................................................Sch. 2, cl. 1
the repealed Act ...............................................................................Sch. 2, cl. 1
page 82
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