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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Occupational Therapists 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 -- Occupational Therapists
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
059--2 page i
Occupational Therapists 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 occupational
therapists
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. Registration as Specialists 20
31. Professional indemnity insurance 21
32. Application 22
33. Effect of registration 22
34. Duration of registration 22
35. Renewal of registration 23
36. Application for registration by a person whose
registration has been cancelled under section 79(1)(i) 23
Division 2 -- The register
37. The register 24
38. Inspection of register 25
39. Certificate of registration 25
40. Voluntary removal from register and cancellation of
registration 25
41. Removal of name and cancellation of registration of
person in certain circumstances 26
42. Effect of removal of name from register 26
Division 3 -- Notifications to Board
43. Change of address 27
44. Loss of qualifications 27
45. Insolvency 27
page ii
Occupational Therapists Bill 2005
Contents
46. Civil or criminal proceedings 28
47. Information about professional indemnity insurance 28
Part 5 -- Disciplinary and impairment
matters
Division 1 -- Preliminary
48. Disciplinary matters 30
49. Impairment matters 30
Division 2 -- Committees
50. Complaints assessment committee 31
51. Impairment review committee 31
Division 3 -- Complaints
52. Complaints 32
53. Complaints assessment committee to determine action
required 33
54. Complaints assessment committee may reject certain
complaints 34
Division 4 -- Summary orders of Board
55. Interim orders by Board 34
56. Complaint dealt with summarily to be referred to the
State Administrative Tribunal 36
57. Complaint not dealt with summarily to be referred to
relevant committee 36
Division 5 -- Disciplinary matters
58. Investigation and recommendation 37
59. Role of Board 38
60. Alternative to making allegation to the State
Administrative Tribunal 38
Division 6 -- Impairment matters
61. Request by occupational therapist for imposition of
condition 39
62. Revocation of condition 40
63. Investigation 40
64. Occupational therapist to be notified about
investigation 40
65. Examination 41
66. Report of examination 41
67. Role of the impairment review committee 42
page iii
Occupational Therapists Bill 2005
Contents
68. Recommendation 43
69. Role of Board 43
Division 7 -- Investigator's role and powers
70. Interpretation 44
71. Investigator 44
72. Report of investigator 44
73. Powers of investigator 45
74. Warrant to enter premises 47
75. Issue of warrant 48
76. Execution of warrant 48
Division 8 -- Conciliation
77. Conciliation process 49
78. Action if conciliation fails 50
Division 9 -- Role of the State Administrative
Tribunal
79. Powers of the State Administrative Tribunal on
dealing with a disciplinary matter 50
80. Powers of the State Administrative Tribunal on
dealing with an impairment matter 52
Division 10 -- Miscellaneous
81. Suspension 53
82. Costs and recovery 53
Part 6 -- Offences
83. Persons who may practise occupational therapy 54
84. Persons who may be employed or engaged to practise
occupational therapy 54
85. Exceptions to sections 83 and 84 55
86. Use of title "occupational therapist" or pretending to
be registered 55
87. Failure to comply with disciplinary action 56
88. False or misleading information 56
89. Offences in relation to investigation 57
90. Obstruction of investigator 58
91. Assistance to execute warrant 58
92. Surrender of certificate 58
93. Incriminating information, questions, or documents 59
94. Legal professional privilege 59
page iv
Occupational Therapists Bill 2005
Contents
Part 7 -- Codes of practice, rules and
regulations
95. Codes of practice 61
96. Rules 61
97. Regulations 62
98. Forms 63
Part 8 -- Miscellaneous
99. Protection 64
100. Notice of decision to be given 64
101. Review 65
102. Publication of proceedings etc. 65
103. Legal proceedings 66
104. Liability of certain officers of body corporate:
offences 67
105. Review of Act 68
106. Occupational Therapists Registration Act 1980
repealed 68
107. Occupational Therapists Rules 1981 repealed 69
108. Transitional and savings provisions 69
109. Consequential amendments 69
Schedule 1 -- Constitution and
proceedings of the Board
Division 1 -- General provisions 70
1. Term of office 70
2. Functions of deputy presiding member 70
3. Deputy members 70
4. Vacation of office by member 71
5. General procedure concerning meetings 71
6. Voting 72
7. Holding meetings remotely 72
8. Resolution without meeting 72
9. Minutes 72
Division 2 -- Disclosure of interests etc. 73
10. Meaning of "member" 73
11. Disclosure of interests 73
12. Exclusion of interested member 73
page v
Occupational Therapists Bill 2005
Contents
13. Board or committee may resolve that clause 12
inapplicable 73
14. Quorum where clause 12 applies 74
15. Minister may declare clauses 12 and 14 inapplicable 74
Schedule 2 -- Transitional and savings
1. Terms used in this Schedule 75
2. Interpretation Act 1984 not affected 75
3. The Occupational Therapists Registration Board
continues 75
4. Board members 76
5. The registrar and other staff 76
6. Persons registered under the repealed Act 76
7. Register 77
8. Certificates of registration issued under the repealed
Act 77
9. Restoration of certain names to the register 77
10. Suspensions 77
11. Undertakings under the repealed Act 78
12. Complaints being dealt with by the former Board 78
13. Investigations 78
14. Disciplinary proceedings 78
15. Failure to comply with an order made under the
repealed Act 78
16. Annual report for part of a year 79
17. Powers in relation to transitional provision 79
Schedule 3 -- Consequential
amendments
1. Civil Liability Act 2002 amended 81
2. Constitution Acts Amendment Act 1899 amended 81
3. Health Professionals (Special Events Exemption)
Act 2000 amended 81
4. Health Services (Conciliation and Review) Act 1995
amended 82
5. Mental Health Act 1996 amended 82
6. State Administrative Tribunal Act 2004 amended 82
Defined Terms
page vi
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Occupational Therapists Bill 2005
A Bill for
An Act to --
· provide for the regulation of the practice of occupational therapy
and registration of persons as occupational therapists;
· repeal the Occupational Therapists Registration Act 1980;
· make consequential amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Occupational Therapists Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Occupational Therapists 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 Occupational Therapists Registration Board
of Western Australia established by section 5;
"certificate of registration" means a certificate of registration
issued under section 39;
"committee" means a committee established by the Board
15 under this Act;
"complainant" means a person who lodges a complaint under
section 52(1) or (2);
"complaint" means --
(a) a complaint lodged under section 52(1) or (2);
20 (b) a complaint referred under section 52(3);
(c) a matter the complaints assessment committee has
determined under section 52(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 61(3);
"complaints assessment committee" means the committee
established under section 50;
"condition" includes restriction;
page 2
Occupational Therapists 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 48;
"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 49;
"impairment review committee" means any committee
15 established under section 51;
"investigator" means a person appointed under section 71;
"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;
"occupational therapist" means a person who is registered;
"officer", in relation to a body corporate, has the meaning given
25 to "officer of a corporation" in the Corporations Act
section 9 but does not include an employee of the body
corporate unless the employee is concerned in the
management of the body corporate;
"presiding member" means the presiding member of the Board
30 referred to in section 7;
"register" means the register referred to in section 37;
"registered" means registered by the Board under this Act;
page 3
Occupational Therapists Bill 2005
Part 1 Preliminary
s. 4
"registrar" means the person engaged or employed to be
registrar under section 17;
"registration" includes renewal of registration;
"respondent" means a person the subject of a complaint.
5 4. Application
This Act does not apply to, or in respect of, or in any way
affect --
(a) the practice of a person's profession as a medical
practitioner;
10 (b) a person acting under the direction of an occupational
therapist;
(c) a person giving instructions in the skills of his or her
usual occupation to a person with a disability; or
(d) a registered teacher as defined in the Western Australian
15 College of Teaching Act 2004 section 3(1).
page 4
Occupational Therapists Bill 2005
Occupational Therapists Registration Board and committees Part 2
The Board Division 1
s. 5
Part 2 -- Occupational Therapists Registration Board
and committees
Division 1 -- The Board
5. Board established
5 (1) A body called the Occupational Therapists 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 8 members appointed by the Minister, of
whom --
15 (a) 5 are to be occupational therapists;
(b) one is to be a person who has knowledge of and
experience in representing the interests of consumers;
(c) one is to be a medical practitioner; and
(d) 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
Occupational Therapists Bill 2005
Part 2 Occupational Therapists 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 occupational therapy;
(d) to monitor education in occupational therapy, and
15 provide advice 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 occupational
therapists in the practice of occupational therapy;
20 and
(ii) increased levels of skill, knowledge and
competence in the practice of occupational
therapy;
and
25 (f) to perform other functions that are conferred on the
Board under this Act or any other Act.
11. Powers
The Board has all the powers it needs to perform its functions.
page 6
Occupational Therapists Bill 2005
Occupational Therapists 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
Occupational Therapists Bill 2005
Part 2 Occupational Therapists 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
Occupational Therapists Bill 2005
Occupational Therapists 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
Occupational Therapists Bill 2005
Part 2 Occupational Therapists 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
Occupational Therapists Bill 2005
Occupational Therapists 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;
(b) a matter determined to be confidential under
subsection (6); or
page 11
Occupational Therapists Bill 2005
Part 2 Occupational Therapists Registration Board and committees
Division 6 General
s. 21
(c) a meeting, or part of a meeting, that the Board ordered
be closed under subsection (2)(a) or (3).
(5) A person may, on payment of the fee prescribed by the
regulations, if any, obtain a copy of any minutes of the Board
5 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
privacy of any person.
21. Execution of documents by Board
10 (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
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Board by a person or
15 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
document except as authorised by the Board.
(4) The common seal of the Board is to be affixed to a document in
20 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 --
(a) a member or members of the Board; or
(b) a member or members of staff,
25 to sign documents on behalf of the Board, either generally or
subject to such conditions as are specified in the authorisation.
(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.
page 12
Occupational Therapists Bill 2005
Occupational Therapists Registration Board and committees Part 2
General Division 6
s. 21
(7) A document purporting to be executed in accordance with this
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
5 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
Occupational Therapists 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 60
or 82; 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 65(3);
(c) for the furtherance of education, including public
20 education, and research in relation to the practice of
occupational therapy;
(d) by way of contribution to any professional body for
occupational therapists 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
Occupational Therapists 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
Occupational Therapists 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
Occupational Therapists Bill 2005
Registration of occupational therapists Part 4
Registration Division 1
s. 26
Part 4 -- Registration of occupational therapists
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
occupational therapist;
15 (b) has not been convicted of an offence the nature of which
renders the person unfit to practise as an occupational
therapist;
(c) has adequate knowledge of the English language both
written and oral;
20 (d) has sufficient physical capacity, mental capacity and
skill to practise occupational therapy;
(e) subject to subsection (3), has acquired such knowledge
and has such practical experience in occupational
therapy as in the opinion of the Board is sufficient to
25 enable that person to perform efficiently the duties of an
occupational therapist; and
(f) holds a qualification prescribed by the rules as a
qualification for registration as an occupational
therapist.
page 17
Occupational Therapists Bill 2005
Part 4 Registration of occupational therapists
Division 1 Registration
s. 28
(3) Subsection (2)(e) does not apply to a person who, having been
awarded a qualification referred to in subsection (2)(f) within
the 5 years preceding the application, is applying to the Board,
for the first time, for registration under subsection (1).
5 (4) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
competent and safe practice of occupational therapy by the
occupational therapist.
(5) A condition imposed under subsection (4) may apply
10 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
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
15 28. Provisional registration
(1) The Board may provisionally register an applicant if satisfied
that --
(a) the applicant has applied to be registered under
section 27;
20 (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
(c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
25 (2) Provisional registration has effect for a period of 3 months
beginning on the day on which it is granted unless earlier
cancelled.
(3) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
30 competent and safe practice of occupational therapy by the
occupational therapist.
page 18
Occupational Therapists Bill 2005
Registration of occupational therapists Part 4
Registration Division 1
s. 29
(4) If the Board, before the period referred to in subsection (2)
expires, has reason to believe that a person granted provisional
registration is not entitled to be registered as an occupational
therapist under section 27, the Board may, without prejudice to
5 the person's 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
occupational therapist if --
10 (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
section 27(2)(e) and that the requisite evidence is
15 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
person of eminence within the field of
20 occupational therapy, desires registration for the
purpose of enabling the person to teach and
demonstrate methods and techniques of
occupational therapy; or
(iii) the person desires registration to enable the
25 person to undertake particular duties of
occupational therapy of limited duration;
and
(c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
30 (2) Conditional registration 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.
page 19
Occupational Therapists Bill 2005
Part 4 Registration of occupational therapists
Division 1 Registration
s. 30
(3) Conditional registration, and the practice of occupational
therapy by an occupational therapist registered under this
section, may be made subject to such conditions as the Board
imposes in any particular case.
5 (4) The Board may at any time cancel a conditional registration.
(5) 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. Registration as Specialists
10 (1) The Board is to register an applicant as a specialist in a branch
of occupational therapy prescribed by the regulations as a
specialty if satisfied that the applicant has --
(a) complied with the requirements of subsection (2); and
(b) paid the registration fee, if any, prescribed by the
15 regulations.
(2) The requirements for registration as a specialist are that the
applicant --
(a) is registered under section 27; and
(b) holds a qualification for registration in the specialty that
20 is prescribed by the regulations as a qualification for the
specialty or a qualification that in the opinion of the
Board is equivalent to such a qualification.
(3) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
25 competent and safe practice of the specialty by the specialist.
(4) A condition imposed under subsection (3) may apply
indefinitely or for a period specified by the Board in the written
notice of the decision under section 100.
(5) The Board may, on its own motion or on the application of a
30 person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
page 20
Occupational Therapists Bill 2005
Registration of occupational therapists Part 4
Registration Division 1
s. 31
(6) Subject to this Act, registration of an Occupational Therapist as
a specialist confers on that person the right to carry on in the
State the practice of the specialty for which the person was
granted registration as a specialist under the title or titles
5 prescribed by the regulations as the title or titles under which
the specialty may be practiced.
31. Professional indemnity insurance
(1) In this section --
"professional indemnity insurance" means professional
10 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
conditions of registration under section 27, 28 or 29 --
15 (a) that --
(i) the occupational therapist must hold professional
indemnity insurance;
(ii) the occupational therapy provided by the
occupational therapist must be covered by
20 professional indemnity insurance; or
(iii) the occupational therapist must be specified or
referred to in professional indemnity insurance,
whether by name or otherwise, as a person to
whom the professional indemnity insurance
25 extends even though the occupational therapist 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 100.
page 21
Occupational Therapists Bill 2005
Part 4 Registration of occupational therapists
Division 1 Registration
s. 32
(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.
32. 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 33. Effect of registration
Subject to this Act, registration confers on the person registered
the right to carry on in the State the practice of occupational
therapy under the title of "occupational therapist".
34. 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 22
Occupational Therapists Bill 2005
Registration of occupational therapists Part 4
Registration Division 1
s. 35
35. Renewal of registration
(1) An occupational therapist 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
5 under the 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 occupational therapist, sent to that occupational therapist'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.
36. Application for registration by a person whose registration
has been cancelled under section 79(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 79(1)(i).
page 23
Occupational Therapists Bill 2005
Part 4 Registration of occupational therapists
Division 2 The register
s. 37
(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 occupational therapy by, a
disqualified person may be made subject to such conditions as
the Board in any particular case imposes.
Division 2 -- The register
10 37. The register
The Board is required to keep an accurate and up to date register
of all occupational therapists in such manner and form as the
Board determines and in respect of each occupational therapist
is to record --
15 (a) the name of that occupational therapist;
(b) the business, or other, address of that occupational
therapist;
(c) particulars of all of the occupational therapy
qualifications recognised by the Board and held by that
20 occupational therapist;
(d) the provision of this Act under which the occupational
therapist is registered;
(e) any conditions applying to the registration;
(f) details of the exercise of any power under Part 5 in
25 respect of that occupational therapist or any order made
in respect of that occupational therapist in a proceeding
before the State Administrative Tribunal under Part 5;
and
(g) such other information, if any, as is prescribed by the
30 regulations.
page 24
Occupational Therapists Bill 2005
Registration of occupational therapists Part 4
The register Division 2
s. 38
38. 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
public during normal office hours.
5 (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
prescribed by the regulations, if any, obtain a certified copy of
10 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
principally assisting the Minister in the administration of
15 this Act; and
(b) for the purpose of carrying out the functions of an
officer of that department.
39. Certificate of registration
(1) On the registration of a person the Board is to issue to that
20 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.
40. Voluntary removal from register and cancellation of
25 registration
(1) An occupational therapist may, in writing, request the registrar
to remove the name of that occupational therapist from the
register and cancel the occupational therapist's registration.
(2) Upon receipt of a request under subsection (1) the registrar is to
30 refer the request to the Board and may, if the Board so
page 25
Occupational Therapists Bill 2005
Part 4 Registration of occupational therapists
Division 2 The register
s. 41
approves, remove the name of the occupational therapist from
the register and cancel the occupational therapist's registration.
(3) This section does not apply to an occupational therapist who is
the subject of proceedings under Part 5.
5 41. 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
register the name of an occupational therapist if the Board is
10 satisfied that the occupational therapist --
(a) has not practised occupational therapy in the preceding
period of 5 years; and
(b) has not maintained current knowledge and skills in
occupational therapy at an approved level.
15 (2) If the Board proposes to give a direction under subsection (1),
the Board is to give the occupational therapist written notice of
the proposal and the reasons for the proposal.
(3) A notice given under subsection (2) must state that within
28 days after the notice is given, the occupational therapist to
20 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.
42. Effect of removal of name from register
25 If the name of a registered person is removed from the register
under a provision of this Act, that person ceases to be registered.
page 26
Occupational Therapists Bill 2005
Registration of occupational therapists Part 4
Notifications to Board Division 3
s. 43
Division 3 -- Notifications to Board
43. Change of address
(1) An occupational therapist must give the registrar written advice
of any change to the address that is recorded in the register in
5 relation to the person.
Penalty: $1 000.
(2) The advice referred to in subsection (1) must be given no later
than 30 days after the change to the address.
44. Loss of qualifications
10 (1) An occupational therapist 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
qualification.
Penalty: $1 000.
15 (2) The advice referred to in subsection (1) must be given no later
than 90 days after the withdrawal or cancellation.
45. Insolvency
(1) In subsection (2) --
"insolvent" means a person who is an insolvent under
20 administration as defined in the Corporations Act section 9.
(2) An occupational therapist must, within 7 days of becoming an
insolvent, give the registrar written advice of the insolvency.
Penalty: $5 000.
page 27
Occupational Therapists Bill 2005
Part 4 Registration of occupational therapists
Division 3 Notifications to Board
s. 46
46. Civil or criminal proceedings
(1) An occupational therapist must give the registrar written advice
of any of the following matters within 14 days after --
(a) any civil proceedings claiming damages or other
5 compensation arising out of the practice of occupational
therapy;
(b) any criminal proceedings for an offence arising out of
the practice of occupational therapy,
are commenced against that occupational therapist.
10 Penalty: $5 000.
(2) An occupational therapist must give the registrar written advice
of any of the following matters within 14 days after --
(a) any proceedings of a kind referred to in subsection (1)
commenced against that occupational therapist are
15 withdrawn or settled;
(b) any such proceedings are determined by a court or other
tribunal.
Penalty: $5 000.
47. Information about professional indemnity insurance
20 (1) If it is a condition of an occupational therapist's registration
that --
(a) the occupational therapist must hold professional
indemnity insurance;
(b) occupational therapy provided by the occupational
25 therapist must be covered by professional indemnity
insurance; or
(c) the occupational therapist must be specified or referred
to in professional indemnity insurance, whether by name
or otherwise, as a person to whom the professional
30 indemnity insurance extends even though the
page 28
Occupational Therapists Bill 2005
Registration of occupational therapists Part 4
Notifications to Board Division 3
s. 47
occupational therapist is not a party to the professional
indemnity insurance,
the occupational therapist must give the registrar written
advice --
5 (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.
(2) The advice referred to in subsection (1) must be given no later
10 than 30 days after the cancellation or change in the terms or
conditions.
page 29
Occupational Therapists Bill 2005
Part 5 Disciplinary and impairment matters
Division 1 Preliminary
s. 48
Part 5 -- Disciplinary and impairment matters
Division 1 -- Preliminary
48. 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 occupational
therapy by that person;
(b) that a person in the course of his or her practise as an
occupational therapist --
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
occupational therapist.
49. 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 occupational
therapist 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 occupational therapist is or is likely to be affected.
page 30
Occupational Therapists Bill 2005
Disciplinary and impairment matters Part 5
Committees Division 2
s. 50
Division 2 -- Committees
50. 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 occupational therapist (who may be a member of the
Board);
10 (b) a person who is not an occupational therapist and is not
qualified to be registered as an occupational therapist;
(c) such other person (including an occupational therapist or
member of the Board) as the Board considers
appropriate.
15 (3) The Board is to appoint a member of the complaints assessment
committee to be the committee's chairperson.
(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
20 committee during the year that ended on that day.
(5) A notice or appointment authorised by this Act to be given or
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 --
25 (a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
sign the notice or appointment.
51. Impairment review committee
(1) The Board may establish a committee to be known as the
30 impairment review committee.
page 31
Occupational Therapists Bill 2005
Part 5 Disciplinary and impairment matters
Division 3 Complaints
s. 52
(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 occupational therapist (who may be a member of the
5 Board);
(b) a medical practitioner;
(c) such other person (including an occupational therapist or
member of the Board) as the Board considers
appropriate.
10 (3) The Board is to appoint a member of the impairment review
committee to be the committee's chairperson.
(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
15 committee --
(a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
sign the notice or appointment.
Division 3 -- Complaints
20 52. Complaints
(1) A person may lodge a complaint in relation to an impairment
matter with the complaints assessment committee in relation to
a person who is an occupational therapist.
(2) A person may lodge a complaint in relation to a disciplinary
25 matter with the complaints assessment committee in relation
to --
(a) a person who is an occupational therapist; or
(b) a person who was an occupational therapist when the
disciplinary matter allegedly occurred but who is no
30 longer an occupational therapist.
page 32
Occupational Therapists Bill 2005
Disciplinary and impairment matters Part 5
Complaints Division 3
s. 53
(3) If the Director refers a complaint to the Board under the Health
Services (Conciliation and Review) Act 1995 section 31 or
43(3), the Board is to refer the complaint to the complaints
assessment committee.
5 (4) The complaints assessment committee may determine that an
impairment matter or a disciplinary matter is to be dealt with as
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
10 determination under subsection (4) unless it is of the opinion
that --
(a) in respect of a person who is an occupational therapist
when the determination is made, there is cause to
investigate whether an impairment matter or a
15 disciplinary matter exists or has occurred; or
(b) in respect of a person who was an occupational therapist
when the disciplinary matter allegedly occurred, there is
cause to investigate whether a disciplinary matter
occurred.
20 53. Complaints assessment committee to determine action
required
(1) The complaints assessment committee is to decide in respect of
a complaint --
(a) if the committee is of the opinion that the complaint
25 requires action under Division 4, to refer it to the Board
for action under that Division;
(b) to reject the complaint under section 54;
(c) in the case of a complaint relating to a disciplinary
matter, to deal with the complaint under subsection (3)
30 or section 58; or
(d) in the case of a complaint relating to an impairment
matter, to refer the complaint to the impairment review
committee.
page 33
Occupational Therapists Bill 2005
Part 5 Disciplinary and impairment matters
Division 4 Summary orders of Board
s. 54
(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 48(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.
54. 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 53(1)(d); or
15 (b) make a recommendation to the Board under
section 53(3) or 58,
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 of the reasons for the decision.
Division 4 -- Summary orders of Board
55. Interim orders by Board
25 (1) If the Board is of the opinion that an activity of an occupational
therapist 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 --
(a) give to the occupational therapist who is carrying on that
30 activity an order prohibiting the carrying on of the
activity for a period of not more than 30 days;
page 34
Occupational Therapists Bill 2005
Disciplinary and impairment matters Part 5
Summary orders of Board Division 4
s. 55
(b) give to the occupational therapist 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
occupational therapy by that occupational therapist;
5 (c) give to the occupational therapist an order suspending
the person from the practice of occupational therapy,
either generally or in relation to any specified
circumstances or service, for a period of not more than
30 days.
10 (2) An order made under subsection (1) must --
(a) state that the Board is of the opinion that the activity of
the occupational therapist involves or will involve a risk
of imminent injury or harm to the physical or mental
health of any person;
15 (b) specify the activity that in the Board's opinion involves
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
20 about the matter to the State Administrative Tribunal.
(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
25 section 56.
(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
30 with the complaint, or a complaint including elements of
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 35
Occupational Therapists Bill 2005
Part 5 Disciplinary and impairment matters
Division 4 Summary orders of Board
s. 56
or is being treated as a complaint that was made under
that Act.
56. Complaint dealt with summarily to be referred to the State
Administrative Tribunal
5 (1) Within 14 days of making an order under section 55, if that
order is not revoked under section 55(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 55(1) or
vary the order by extending the period for which it applies or in
any other respect.
57. Complaint not dealt with summarily to be referred to
relevant committee
20 If the Board does not make an order under section 55 in respect
of a complaint referred to it under section 53(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.
page 36
Occupational Therapists Bill 2005
Disciplinary and impairment matters Part 5
Disciplinary matters Division 5
s. 58
Division 5 -- Disciplinary matters
58. Investigation and recommendation
(1) If the complaints assessment committee has made a decision to
deal with a complaint relating to a disciplinary matter under this
5 section or has had a complaint referred back to it under
section 57, the complaints assessment committee is to
investigate the complaint.
(2) On completion of the investigation the complaints assessment
committee is to make a recommendation to the Board --
10 (a) to make a summary order under Division 4 (unless the
complaint was referred back to the committee under
section 57);
(b) if the complaint comes within the Health Services
(Conciliation and Review) Act 1995 section 25, not
15 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
complaint by conciliation;
20 (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
Administrative Tribunal; or
25 (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
procedures.
30 (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.
page 37
Occupational Therapists Bill 2005
Part 5 Disciplinary and impairment matters
Division 5 Disciplinary matters
s. 59
59. Role of Board
(1) The Board is to consider the recommendation of the complaints
assessment committee under section 58(2) and may either --
(a) act on the recommendation of the complaints assessment
5 committee; or
(b) take action of a kind referred to in section 58(2) other
than that recommended by the complaints assessment
committee.
(2) The Board is not to take action of a kind referred to in
10 section 58(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 58(2)(d) and (e)
in respect of a complaint.
(4) Within 7 days of making a decision under subsection (1), the
15 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.
60. Alternative to making allegation to the State Administrative
Tribunal
20 (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
25 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,
30 the Board, instead of making an allegation to the State
Administrative Tribunal under section 59(1), may --
(d) if the person is an occupational therapist, order that the
particulars entered in the register in relation to that
person be amended;
page 38
Occupational Therapists Bill 2005
Disciplinary and impairment matters Part 5
Impairment matters Division 6
s. 61
(e) caution or reprimand that person;
(f) if the person is an occupational therapist, require that
person to give an undertaking to the Board, either with
or without security, for such period as is specified --
5 (i) in relation to his or her future conduct as an
occupational therapist; or
(ii) to comply with such conditions as are specified
in relation to his or her practice;
or
10 (g) order that person to pay to the Board a penalty not
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
15 incidental to the proceedings as the Board thinks fit.
(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.
20 (4) Within 7 days of making a decision under subsection (1)(d)
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
25 61. Request by occupational therapist for imposition of
condition
(1) An occupational therapist who believes that his or her ability to
practise occupational therapy is affected because of an
impairment matter may ask the Board to impose a condition
30 with respect to his or her registration.
page 39
Occupational Therapists Bill 2005
Part 5 Disciplinary and impairment matters
Division 6 Impairment matters
s. 62
(2) If the Board and the occupational therapist agree upon the
condition to be imposed, the Board is to impose that condition
with respect to his or her registration.
(3) If the Board and the occupational therapist do not agree upon
5 the condition to be imposed, the Board is to refer the matter to
the impairment review committee for investigation under this
Division.
62. Revocation of condition
The Board may revoke a condition imposed under section 61 if
10 the occupational therapist satisfies the impairment review
committee that his or her ability to practise occupational therapy
is no longer affected because of the impairment matter that gave
rise to the imposition of the condition.
63. Investigation
15 The impairment review committee is to investigate a complaint
referred to it.
64. Occupational therapist to be notified about investigation
(1) The impairment review committee is to give written notice of
the investigation to the occupational therapist to whom the
20 complaint relates.
(2) The notice must --
(a) advise the occupational therapist of the nature of the
impairment matter to be investigated;
(b) if the impairment review committee considers that an
25 examination of the occupational therapist is necessary,
ask the occupational therapist 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
30 (c) contain a brief summary of the effect of this Division.
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Impairment matters Division 6
s. 65
65. Examination
(1) If the occupational therapist agrees to undergo an examination
within the period specified in the notice under section 64(2)(b),
the occupational therapist is to be examined by a medical
5 practitioner agreed upon by the impairment review committee
and the occupational therapist.
(2) If the impairment review committee and the occupational
therapist are unable to agree upon the person to conduct the
examination, the Board is to appoint a medical practitioner to
10 perform the examination.
(3) The Board is to pay for an examination conducted under this
section and a report provided under section 66.
(4) If the occupational therapist does not agree to undergo an
examination within the period specified in the notice under
15 section 64(2)(b) or does not abide by an agreement to undergo
such an 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.
66. Report of examination
20 (1) A medical practitioner who conducts an examination under
section 65 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 occupational
therapist.
25 (2) Despite subsection (1), if it appears to the impairment review
committee that the disclosure to the occupational therapist of
information in the report might be prejudicial to the physical or
mental health or wellbeing of the occupational therapist, the
committee may decide not to give that report to the occupational
30 therapist but to give it instead to a medical practitioner or
another occupational therapist nominated by the occupational
therapist.
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Division 6 Impairment matters
s. 67
(3) If the occupational therapist does not nominate a medical
practitioner or another occupational therapist 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
5 practitioner or occupational therapist selected by the committee.
(4) The occupational therapist 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 practitioner or occupational therapist nominated by him
10 or her or selected by the committee.
67. Role of the impairment review committee
(1) On completion of the investigation of an occupational therapist
and after considering --
(a) any report given to the committee under section 66(1);
15 and
(b) any representations made by the occupational therapist
under section 66(4),
the impairment review committee is to decide whether or not
further action should be taken.
20 (2) If the impairment review committee decides that further action
should be taken, it is to request that the occupational therapist
consent --
(a) to the imposition of conditions on his or her registration;
(b) to being suspended from the practice of occupational
25 therapy for a period, not exceeding 2 years, specified by
the impairment review committee; or
(c) to undergo counselling specified by the impairment
review committee.
(3) If the impairment review committee decides that no further
30 action should be taken it is to give written advice to that effect
to --
(a) the Board;
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Disciplinary and impairment matters Part 5
Impairment matters Division 6
s. 68
(b) the complainant, if any; and
(c) the occupational therapist.
68. Recommendation
(1) If the occupational therapist does not consent to a request made
5 under section 67(2) within 10 days of the request being made,
the impairment review committee is to recommend to the Board
that the Board make an allegation about the complaint to the
State Administrative Tribunal.
(2) If the occupational therapist does consent to a request made
10 under section 67(2) within 10 days of the request being made,
the impairment review committee is to recommend to the Board
that the Board take any action to which the occupational
therapist consented.
(3) A recommendation made under subsection (1) or (2) must be
15 made in writing and contain details of the committee's
investigation of the occupational therapist.
69. Role of Board
(1) The Board is to consider a recommendation of the impairment
review committee and may --
20 (a) decide not to take any action;
(b) take any action to which the occupational therapist
consented under section 67(2); or
(c) make an allegation about the complaint to the State
Administrative Tribunal.
25 (2) For the purpose of taking action to which the occupational
therapist consented under section 67(2), the Board may --
(a) impose the conditions to which the occupational
therapist consented;
(b) suspend the occupational therapist from the practice of
30 occupational therapy for the period specified by the
impairment review committee; or
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Occupational Therapists Bill 2005
Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 70
(c) obtain an undertaking from the occupational therapist to
undergo the counselling specified by the impairment
review committee,
as the case may require.
5 (3) Within 7 days of making a decision under subsection (1) or (2),
the Board is to give written notice to the occupational therapist
and the complainant, if any, of the decision together with short
particulars of the reasons for the decision.
Division 7 -- Investigator's role and powers
10 70. Interpretation
In this Division --
"appointing body", in relation to an investigator, means the
Board or the complaints assessment committee which
appointed the investigator.
15 71. Investigator
(1) The Board or the complaints assessment committee may appoint
a person to investigate a complaint and report to the Board or
committee.
(2) An appointing body is to issue to each investigator it appoints a
20 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
purports to relate.
72. Report of investigator
25 (1) An investigator is to --
(a) within such period as the appointing body requires
prepare a report on the investigation, and make
recommendations as to the manner in which the
complaint should be dealt with; and
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Disciplinary and impairment matters Part 5
Investigator's role and powers Division 7
s. 73
(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
at the time the appointing body is provided with a copy of the
5 report.
73. 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 75(1), and exercise the powers authorised
10 under section 75(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;
15 (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 --
20 (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
25 (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;
30 (b) must specify the time at or within which the document
or other thing is to be produced;
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Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 73
(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
(d) where the document required is not in a readable format,
5 is to be treated as a requirement to produce --
(i) the document itself; and
(ii) the contents of the document in a readable
format.
(3) A requirement made under subsection (1)(d) --
10 (a) may be made orally or by notice in writing served on the
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
15 case may be; and
(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
20 specified in the requirement;
(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.
25 (4) If under subsection (1)(b) an investigator requires a person to
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.
30 (5) If under subsection (1)(d) an investigator requires a person to
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.
page 46
Occupational Therapists Bill 2005
Disciplinary and impairment matters Part 5
Investigator's role and powers Division 7
s. 74
(6) An investigator is to produce his or her certificate of
appointment if requested to do so by a person in respect of
whom the investigator has exercised, or is about to exercise, a
power under this section.
5 74. 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
complaint that may involve a threat to the physical or mental
10 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;
(b) be accompanied by a notice in writing from the Board
15 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
the physical or mental health of a person;
20 (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 --
(a) the application does not comply with the requirements
25 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.
(4) The information in an application or given to a magistrate under
30 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.
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Part 5 Disciplinary and impairment matters
Division 7 Investigator's role and powers
s. 75
75. Issue of warrant
(1) A magistrate to whom an application is made under section 74
may issue a warrant, if satisfied that there are reasonable
grounds for believing that entry and inspection of the premises
5 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;
(b) to require a person on the premises to answer questions
or produce documents or other things concerning the
10 investigation that are in the possession or under the
control of the person; and
(c) to inspect documents and other things, and take copies
of or extracts from documents, produced in compliance
with a requirement made under paragraph (b).
15 (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;
and
(c) a description of the premises that may be entered.
20 (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.
76. Execution of warrant
(1) If asked by an occupier, or a person in charge, of premises, the
25 person executing a warrant at those premises is to produce it for
inspection.
(2) A warrant ceases to have effect --
(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
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Occupational Therapists Bill 2005
Disciplinary and impairment matters Part 5
Conciliation Division 8
s. 77
(c) when it is executed,
whichever occurs first.
Division 8 -- Conciliation
77. Conciliation process
5 (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
committee.
(2) The complaints assessment committee is to commence
conciliation procedures within 14 days of the complaint being
10 referred to it under subsection (1) and may for that purpose --
(a) cause conferences of the complainant or person affected
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
15 regulations;
(b) give advice and make recommendations to assist in the
reaching of an agreement; and
(c) cause the persons concerned, or any of them, either
separately or together, to appear before the complaints
20 assessment committee.
(3) The Board may, with the consent of each of the parties to that
agreement, by order give effect to an agreement negotiated
under this Division.
(4) If the Board makes an order under subsection (3) --
25 (a) the terms of the agreement reached between the parties
referred to in the order are final and binding on those
parties; and
(b) the order may include any action that might have been
taken by the State Administrative Tribunal under
30 section 79(1) or 80(1).
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Part 5 Disciplinary and impairment matters
Division 9 Role of the State Administrative Tribunal
s. 78
(5) Evidence of anything lawfully said or done, or any record
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
5 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.
78. Action if conciliation fails
If --
10 (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
with the conciliation process; or
15 (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;
(e) investigate the complaint; or
20 (f) make an allegation about the complaint to the State
Administrative Tribunal.
Division 9 -- Role of the State Administrative Tribunal
79. Powers of the State Administrative Tribunal on dealing with
a disciplinary matter
25 (1) If, in a proceeding commenced by an allegation under this Act
against an occupational therapist, 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 --
30 (a) decline to make an order or a requirement under this
subsection;
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Disciplinary and impairment matters Part 5
Role of the State Administrative Tribunal Division 9
s. 79
(b) order the registrar to amend the particulars entered in the
register in respect of the person;
(c) caution or reprimand the person;
(d) require the person --
5 (i) if the patient agrees, to provide further services
to a patient at no cost or at an amount determined
by the Tribunal;
(ii) to pay, wholly or in part, for further services to
be provided to a patient by another occupational
10 therapist; 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;
(e) order that the person comply with such conditions as the
15 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
specified in the order;
20 (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 practice of
occupational therapy, or the specific part or aspect of the
25 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;
(j) order that the person be suspended from the practice of
30 occupational therapy, either generally or in relation to
any specified circumstances or service, for a period, not
exceeding 2 years, specified in the order.
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Part 5 Disciplinary and impairment matters
Division 9 Role of the State Administrative Tribunal
s. 80
(2) If, in a proceeding commenced by an allegation under this Act
against a person who was an occupational therapist when the
disciplinary matter allegedly occurred but who is no longer an
occupational therapist, the State Administrative Tribunal is of
5 the opinion that a disciplinary matter exists in relation to that
person, the only powers that the Tribunal may exercise are the
powers in subsection (1)(a), (c), (d)(ii) and (iii) and (h).
80. Powers of the State Administrative Tribunal on dealing with
an impairment matter
10 (1) If, in a proceeding commenced by an allegation under
section 69(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
15 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;
20 (d) order that the person be suspended from the practice of
occupational therapy, 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.
25 (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 79(1) or (2) instead of
under this section.
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Disciplinary and impairment matters Part 5
Miscellaneous Division 10
s. 81
Division 10 -- Miscellaneous
81. Suspension
(1) If, under section 55(1)(c), 69(2)(b), 79(1)(j) or 80(1)(d), a
person is suspended from the practice of occupational therapy
5 generally, the person is to be regarded as not being registered
during the period of the suspension.
(2) If, under section 55(1)(c), 79(1)(j) or 80(1)(d), a person is
suspended from the practice of occupational therapy in relation
to any specified circumstances or service, the person is to be
10 regarded as not being registered during the period of the
suspension in 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
15 notice that the revocation has effect from a date specified in the
notice.
(4) The Board cannot revoke a suspension that was imposed by the
State Administrative Tribunal under section 79(1)(j) or 80(1)(d)
unless it has applied for, and obtained, the approval of the
20 Tribunal to do so.
82. Costs and recovery
(1) The Board may, in addition to or instead of exercising a power
under section 59(1) or 69(1), order the respondent to pay such
costs and expenses of or arising from the investigation and
25 exercise of that power as the Board thinks fit.
(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.
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Occupational Therapists Bill 2005
Part 6 Offences
s. 83
Part 6 -- Offences
83. Persons who may practise occupational therapy
A person must not practise occupational therapy 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.
84. Persons who may be employed or engaged to practise
occupational therapy
A person must not employ or engage a person to practise
occupational therapy unless the person employed or engaged is
20 a 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;
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Offences Part 6
s. 85
(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;
5 and a daily penalty of $800.
85. Exceptions to sections 83 and 84
(1) In this section --
"student" means a person who is enrolled as a student and is
studying for a qualification referred to in section 27(2)(f).
10 (2) For the purposes of sections 83 and 84, a person is not
practising occupational therapy only because --
(a) the person is a student; or
(b) the person employs or engages a person who practises
occupational therapy.
15 86. Use of title "occupational therapist" or pretending to be
registered
A person must not --
(a) use the title "occupational therapist" unless the person is
a registered person; or
20 (b) advertise, or otherwise hold out or imply, that the person
is registered or entitled, either alone or with others, to
practise occupational therapy, unless that person is a
registered person.
Penalty:
25 (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.
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Occupational Therapists Bill 2005
Part 6 Offences
s. 87
87. 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 55 or 60.
Penalty:
5 (a) in the case of an individual, $5 000;
(b) in any other case, $10 000.
88. False or misleading information
(1) A person must not do any of the things set out in
subsection (2) --
10 (a) in relation to an application;
(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 77.
15 Penalty: $24 000 or imprisonment for 2 years.
(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
20 material particular, with reckless disregard as to whether
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
25 particular; or
(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.
page 56
Occupational Therapists Bill 2005
Offences Part 6
s. 89
89. Offences in relation to investigation
(1) Where under section 73 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
5 which lies on the person) --
(a) fails to give that information or answer that question at
or within the time specified in the requirement;
(b) gives any information or answer that is false in any
particular; or
10 (c) fails to produce that document or thing at or within the
time specified in the requirement,
the person commits an offence.
Penalty:
(a) in the case of an individual, $5 000;
15 (b) in any other case, $10 000.
(2) It is a defence in any proceeding for an offence under
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 73, the
20 investigator did not, when making the requirement,
inform the accused that he or she was required under
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
25 requirement made by notice in writing under section 73,
the notice did not state that he or she was required under
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
30 the accused sufficient notice to enable him or her to
comply with the requirement; or
(d) that, in any case, the investigator did not, before making
the requirement, have reasonable grounds to believe that
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Part 6 Offences
s. 90
compliance with the requirement would materially assist
in the investigation being carried out.
90. Obstruction of investigator
A person must not prevent or attempt to prevent an investigator
5 from entering premises or otherwise obstruct or impede an
investigator in the exercise of his or her powers under
section 73.
Penalty:
(a) in the case of an individual, $5 000;
10 (b) in any other case, $10 000.
91. Assistance to execute warrant
An occupational therapist, and any person --
(a) who engages or employs the occupational therapist to
practise occupational therapy;
15 (b) who is engaged or employed by the occupational
therapist in the occupational therapist's practice; or
(c) with whom the occupational therapist practises
occupational therapy in partnership,
at the premises named in the warrant is to provide all reasonable
20 assistance to an investigator executing the warrant issued under
section 75.
Penalty:
(a) in the case of an individual, $2 500;
(b) in any other case, $5 000.
25 92. Surrender of certificate
(1) Where --
(a) a person's registration is cancelled and name removed
from the register; or
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Offences Part 6
s. 93
(b) a person is suspended from the practice of occupational
therapy,
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
5 or suspension, to surrender to the Board his or her certificate of
registration.
Penalty: $1 000.
(2) The Board may direct in writing that a person who is suspended
from the practice of occupational therapy under section 55 is not
10 obliged to comply with subsection (1) and, in that case, the
subsection does not apply to that person.
(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.
15 93. Incriminating information, questions, or documents
An individual is not excused from complying with a
requirement under section 73 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
20 penalty, but neither --
(a) an answer given by the individual that was given to
comply with the requirement; nor
(b) the fact that a document or other thing produced by the
individual to comply with the requirement was
25 produced,
is admissible in evidence in any civil or criminal proceedings
against the individual other than proceedings for an offence
against section 89(1)(b).
94. Legal professional privilege
30 Nothing in Part 5 or this Part prevents a person from refusing to
answer a question, provide information or produce a document
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Occupational Therapists Bill 2005
Part 6 Offences
s. 94
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 60
Occupational Therapists Bill 2005
Codes of practice, rules and regulations Part 7
s. 95
Part 7 -- Codes of practice, rules and regulations
95. Codes of practice
(1) The Board may, with the approval of the Minister, issue codes
of practice for the practice of occupational therapy and the
5 conduct of occupational therapists.
(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 48 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.
96. 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 occupational therapy;
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Occupational Therapists Bill 2005
Part 7 Codes of practice, rules and regulations
s. 97
(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 occupational therapy by
5 occupational therapists and the manner of carrying on
that practice;
(d) prescribing what diplomas, degrees or certificates of
schools of occupational therapy or other evidence of
qualification will be recognised and accepted by the
10 Board as a substitute for the examinations of the Board,
and whether immediately or after further training;
(e) regulating the manner in which occupational therapists
may advertise or display or publicise their practice of
occupational therapy.
15 (3) A rule made under subsection (1) has no effect unless and until
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,
20 and provide, for an offence against the rules, a penalty not
exceeding a fine of $5 000.
97. Regulations
(1) The Governor may make regulations --
(a) prescribing all matters that are required or permitted by
25 the Act to be prescribed by regulation; and
(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 --
30 (a) regulating the meetings and proceedings of, and the
conduct of business by, the Board or a committee;
page 62
Occupational Therapists Bill 2005
Codes of practice, rules and regulations Part 7
s. 98
(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 77 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.
98. 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 63
Occupational Therapists Bill 2005
Part 8 Miscellaneous
s. 99
Part 8 -- Miscellaneous
99. 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.
100. 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, 31 or 36(4), otherwise than by
consent;
(c) any decision under section 29(4); or
page 64
Occupational Therapists Bill 2005
Miscellaneous Part 8
s. 101
(d) any decision to remove a name from the register under
section 41.
(2) If the Board makes a decision to which this subsection applies,
it is to record the grounds on which the decision was based, and
5 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.
101. Review
10 A person who is aggrieved by --
(a) an order under section 55 or 60; or
(b) a decision referred to in section 100(1),
may apply to the State Administrative Tribunal for a review of
the order or decision.
15 102. 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;
(b) any committee or any member of a committee or person
20 referred to in section 16(5);
(c) any board or authority outside the State charged with
regulating the registration and supervision of
occupational therapists or any officer or agent of, or
person engaged or employed by, the board or authority;
25 (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 99, no action, claim or
demand lies against a person to whom this subsection applies in
30 respect of the communication or publication in good faith of any
finding, reason or decision of the Board, the complaints
page 65
Occupational Therapists Bill 2005
Part 8 Miscellaneous
s. 103
assessment committee, the impairment review committee or the
State Administrative Tribunal.
(3) The Board may give notice of a finding, reason or decision of
the Board, the complaints assessment committee, the
5 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
is entered in the register;
10 (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 occupational therapy or any person with whom
the person practises occupational therapy in partnership;
15 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.
20 103. 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 66
Occupational Therapists Bill 2005
Miscellaneous Part 8
s. 104
(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 occupational therapy, 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 50(5)(b)
or 51(4)(b) is to be presumed to be duly signed until the
contrary is shown.
104. 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,
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Occupational Therapists Bill 2005
Part 8 Miscellaneous
s. 105
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.
105. 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.
30 106. Occupational Therapists Registration Act 1980 repealed
The Occupational Therapists Registration Act 1980 is repealed.
page 68
Occupational Therapists Bill 2005
Miscellaneous Part 8
s. 107
107. Occupational Therapists Rules 1981 repealed
The Occupational Therapists Rules 1981 are repealed.
108. Transitional and savings provisions
Schedule 2 sets out transitional and savings provisions.
5 109. Consequential amendments
Schedule 3 sets out consequential amendments.
page 69
Occupational Therapists Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 1 General provisions
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 70
Occupational Therapists Bill 2005
Constitution and proceedings of the Board Schedule 1
General provisions Division 1
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 occupational therapist, the registration of the member under this
30 Act is 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 71
Occupational Therapists Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 1 General provisions
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 72
Occupational Therapists Bill 2005
Constitution and proceedings of the Board Schedule 1
Disclosure of interests etc. Division 2
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 73
Occupational Therapists Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 2 Disclosure of interests etc.
cl. 14
14. Quorum where clause 12 applies
(1) Despite clause 5(3), 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
5 be moved in relation to the 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 74
Occupational Therapists Bill 2005
Transitional and savings Schedule 2
cl. 1
Schedule 2 -- Transitional and savings
[s. 108]
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 Occupational Therapists Registration
Board of Western Australia established under the repealed Act;
15 "the new Board" means the Occupational Therapists Registration
Board of Western Australia established under this Act;
"the repealed Act" means the Occupational Therapists Registration
Act 1980.
2. Interpretation Act 1984 not affected
20 The provisions of this Schedule do not prejudice or affect the
application of the Interpretation Act 1984 to and in relation to the
repeals effected by sections 106 and 107.
3. The Occupational Therapists Registration Board continues
(1) The new Board is a continuation of, and the same legal entity as, the
25 former Board and the rights and liabilities of the entity are not
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
30 new Board.
page 75
Occupational Therapists Bill 2005
Schedule 2 Transitional and savings
cl. 4
4. Board members
(1) A member of the former Board ceases to be a member on the
commencement day.
(2) Four 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 Occupational Therapists Registration
Act 1980.
(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 Occupational Therapists Registration
25 Act 1980.
6. Persons registered under the repealed Act
(1) Subject to subclause (2), 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
30 period that, and subject to the same conditions as, applied to that
person's registration under the repealed Act.
(2) A person who immediately before the commencement day was
registered under section 24 of the repealed Act is, on the
page 76
Occupational Therapists Bill 2005
Transitional and savings Schedule 2
cl. 7
commencement day, to be taken to be registered under and subject to
section 29 and subject to such limitations and restrictions upon the
practice of occupational therapy as the Board specified for --
(a) the period specified in the certificate of temporary
5 registration; or
(b) the period for which the temporary registration was renewed.
(3) If under subclause (1) or (2) 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
10 conditions referred to in section 31(2) on the person's registration
under this Act.
7. Register
The register of occupational therapists kept under the repealed Act
section 13 immediately before the commencement day is to be taken
15 to be the register required to be kept under section 37.
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.
20 9. Restoration of certain names to the register
If a person's name has been struck off the register under the repealed
Act section 28(1), section 36 applies to that person as if the person
were a disqualified person as defined in section 36(1).
10. Suspensions
25 (1) If immediately before the commencement day a person was
suspended under the repealed Act section 28(2)(a), section 81 applies
to the suspension as if the person had been suspended under
section 79(1)(j).
(2) If immediately before the commencement day a person was
30 suspended under the repealed Act section 28A(1) that person is to be
regarded as not being registered until the payment is made or for such
period or upon such event occurring as the State Administrative
Tribunal ordered.
page 77
Occupational Therapists Bill 2005
Schedule 2 Transitional and savings
cl. 11
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.
(2) If the new Board is satisfied that the person has breached the
5 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. Complaints being dealt with by the former Board
If immediately before the commencement day the former Board was
10 dealing with a complaint against an occupational therapist but had not
made an allegation to the State Administrative Tribunal under the
repealed Act section 28(1), the complaints assessment committee is to
deal with the complaint as if the complaint had been lodged under
section 52.
15 13. Investigations
If immediately before the commencement day an investigator was
investigating a complaint under the repealed Act Part IVA, 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
20 body were the complaints assessment committee.
14. Disciplinary proceedings
If an allegation under the repealed Act section 28(1) has been made to
the State Administrative Tribunal before the commencement day but
not finally determined before that day, the allegation is to be dealt
25 with and determined under this Act section 79 as if an allegation had
been made to the Tribunal under this Act.
15. 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
30 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 87 as if the order were an order made under
section 55 or 60, as the case requires.
page 78
Occupational Therapists Bill 2005
Transitional and savings Schedule 2
cl. 16
16. Annual report for part of a year
(1) The former Board is to make and submit an annual report as required
by the repealed Act section 27A, but limited to the period from
31 December preceding the commencement day to the
5 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
entitled to receive from the new Board and its staff such assistance as
10 it may require for the purpose.
17. 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
matters that are required, necessary or convenient to be prescribed in
15 relation to that matter.
(2) Regulations made under subclause (1) may provide that specific
provisions of this Act --
(a) do not apply; or
(b) apply with specific modifications,
20 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
25 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.
page 79
Occupational Therapists Bill 2005
Schedule 2 Transitional and savings
cl. 17
(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
5 publication of those regulations; or
(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 80
Occupational Therapists Bill 2005
Consequential amendments Schedule 3
cl. 1
Schedule 3 -- Consequential amendments
[s. 109]
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 (f) of the definition of "health
professional" by deleting "Occupational Therapists Registration
10 Act 1980" and inserting instead --
" Occupational Therapists 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
Occupational Therapists Registration Board of Western Australia"
20 and inserting instead --
"
The Occupational Therapists Registration Board of Western
Australia established under the Occupational Therapists
Act 2005.
25 ".
3. Health Professionals (Special Events Exemption) Act 2000
amended
(1) The amendments in this clause are to the Health Professionals
(Special Events Exemption) Act 2000*.
30 [* Act No. 7 of 2000.]
page 81
Occupational Therapists Bill 2005
Schedule 3 Consequential amendments
cl. 4
(2) Section 3(1) is amended in the definition of "Health Registration Act"
by deleting "Occupational Therapists Registration Act 1980;" and
inserting instead --
" Occupational Therapists Act 2005; ".
5 4. Health Services (Conciliation and Review) Act 1995 amended
(1) The amendments in this clause are to the Health Services
(Conciliation and Review) Act 1995*.
[* Reprint 2 as at 18 March 2005.]
(2) Schedule 1 item 5 is deleted and the following item is inserted
10 instead --
"
5. Occupational Therapists Registration Board of Western
Australia established under the Occupational Therapists
Act 2005.
".
5. Mental Health Act 1996 amended
(1) The amendments in this clause are to the Mental Health Act 1996*.
15 [* Reprint 1 as at 6 August 2004.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 279.]
(2) Section 19(1)(b)(ii) is amended by deleting "Occupational Therapists
Registration Act 1980" and inserting instead --
20 " Occupational Therapists Act 2005 ".
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.
25 For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 427.]
page 82
Occupational Therapists Bill 2005
Consequential amendments Schedule 3
cl. 6
(2) Schedule 1 is amended by deleting "Occupational Therapists
Registration Act 1980" and inserting instead --
" Occupational Therapists Act 2005 ".
page 83
Occupational Therapists 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
occupational therapist....................................................................................... 3
officer .............................................................................................................. 3
presiding member............................................................................................. 3
professional indemnity insurance ................................................................30(1)
register............................................................................................................. 3
registered ......................................................................................................... 3
registrar............................................................................................................ 3
registration ....................................................................................................... 3
respondent........................................................................................................ 3
right .................................................................................................Sch. 2, cl. 1
specified.....................................................................................Sch. 2, cl. 17(5)
student .......................................................................................................84(1)
page 84
Occupational Therapists Bill 2005
Defined Terms
the former Board ..............................................................................Sch. 2, cl. 1
the new Board ..................................................................................Sch. 2, cl. 1
the repealed Act ...............................................................................Sch. 2, cl. 1
page 85
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