Physiotherapists Registration Act 1999

Physiotherapists Registration Act 1999

An Act to provide for the registration of physiotherapists, the regulation of the practice of physiotherapists, the repeal of the Physiotherapists' Registration Act 1951 and for related purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Physiotherapists Registration Act 1999 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

In this Act, unless the contrary intention appears –

applicant means a person who submits an application to the Board;

application means an application to be registered as a physiotherapist;

approved means approved by the Board;

Board means the Physiotherapists Registration Board of Tasmania;

business address means the address of the premises at or from which a person practises physiotherapy;

certificate of registration means a certificate issued by the Board under section 28 or 35 ;

chairperson means chairperson of the Board;

committee means a committee established by the Board under section 11 ;

committee of inquiry means a committee that conducts an inquiry;

complaint means a complaint made under section 40 ;

contravene includes fail to comply;

defendant means a registered physiotherapist who is the subject of an investigation;

disciplinary committee means a committee that conducts an investigation;

financial year means the 12 month period ending on 31 December in any year;

foreign physiotherapists law means a law of a jurisdiction outside this State relating to the registration, licensing or enrolment of physiotherapists;

functions includes duties;

inquiry means an inquiry under Division 2 of Part 3 ;

interim certificate of registration means an interim certificate of registration issued by the Registrar under section 22 ;

investigation means an investigation under Division 2 of Part 4 ;

medical practitioner means a registered medical practitioner;

member means member of the Board and includes the chairperson;

notice means notice in writing;

nurse means a person who is a nurse within the meaning of the Nursing Act 1995 ;

physiotherapist means a person who practises physiotherapy;

physiotherapists registration authority means a body established under the law of another State or of a Territory having functions similar to the functions of the Board;

register means the Register of Physiotherapists kept by the Board under section 30 ;

registered means registered under this Act;

registered physiotherapist means a person who is registered as a physiotherapist;

Registrar means the Registrar of the Board appointed under section 12 ;

report includes publish;

Secretary means Secretary of the Department;

specified means specified in writing by the Board.

4.   Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Physiotherapists Registration Board

Division 1 - The Board

5.   Continuation of Board

(1)  The body corporate established under section 3 of the Physiotherapists' Registration Act 1951 continues under the name "Physiotherapists Registration Board of Tasmania".

(2)  The Board –

(a) has perpetual succession and a common seal; and

(b) may acquire, hold, dispose of and otherwise deal with property; and

(c) may sue and be sued in its corporate name.

6.   Membership of Board

(1)  The Board consists of –

(a) 3 registered physiotherapists nominated by the Minister from a list of names provided by such bodies representing the professional interests of physiotherapists as the Minister determines; and

(b) 2 persons, who are not physiotherapists, nominated by the Minister.

(2)  The members are appointed by the Governor.

(3)  The Governor may appoint a member as chairperson.

(4)  The Minister may request the bodies referred to in subsection (1)(a) to provide the Minister with a list of names for the purposes of that subsection.

(5)  If the bodies that have been requested by the Minister to provide a list of names for the purposes of subsection (1)(a) fail to provide that list within such period of not less than 2 months as is specified in the request, the Minister may nominate persons for the purposes of that subsection without further reference to those bodies.

(6)  Schedule 1 has effect with respect to membership of the Board.

(7)  Schedule 2 has effect with respect to meetings of the Board.

Division 2 - Functions, powers and objectives

7.   Functions of Board

The Board has the following functions:

(a) to administer the scheme of registration under Part 3 ;

(b) to monitor the standard and provision of the services that physiotherapists provide in this State;

(c) to investigate complaints and, as necessary, undertake disciplinary action against physiotherapists;

(d) to prosecute offences against this Act;

(e) to monitor standards of education and training in physiotherapy;

(f) to advise the Minister on matters relating to this Act;

(g) such other functions as are imposed on the Board by this or any other Act or as may be prescribed.

8.   Powers of Board

The Board has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, has power to –

(a) share information with physiotherapists registration authorities, the Australian Physiotherapy Association and other relevant bodies; and

(b) publish and distribute information concerning this Act to registered physiotherapists and other interested persons; and

(c) provide or arrange for the provision of continuing professional education for registered physiotherapists; and

(d) support other forms of education and training in physiotherapy; and

(e) be a member of any national or other body, program or forum concerned with physiotherapists or physiotherapy; and

(f) participate in the establishment of a body, program or forum referred to in paragraph (e) ; and

(g) hold or arrange examinations; and

(h) cause the business premises and records of physiotherapists to be inspected; and

(i) do anything incidental to any of its powers.

9.   Objectives of Board

The Board must perform its functions and exercise its powers so as to –

(a) ensure that the services that physiotherapists provide to the public are of the highest possible standard; and

(b) ensure that physiotherapists practise according to the highest professional standard; and

(c) guard against unsafe, incompetent and unethical practices by physiotherapists.

10.   Delegation

The Board may delegate any of its functions or powers, other than this power of delegation, to a member of the Board, the Registrar or a committee.

Division 3 - Miscellaneous

11.   Committees

(1)  The Board may establish such committees as it considers necessary for the purposes of assisting it in the performance of any of its functions or the exercise of any of its powers or advising it on any matter relating to this Act.

(2)  Except as otherwise provided in this Act, a committee comprises such persons as the Board appoints.

(3)  A member of the Board may be a member of a committee.

(4)  Subject to subsection (5) , a member of a committee is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Board may from time to time determine and any such remuneration is to be paid by the Board.

(5)  A member of a committee who is an employee or a person holding or acting in an office under the Tasmanian State Service Act 1984 , or in an Agency within the meaning of that Act, is not entitled to remuneration under subsection (4) except with the approval of the Minister administering that Act.

(6)  The Board may give written directions to a committee and the committee must comply with any such directions.

(7)  A committee must keep accurate minutes of its proceedings.

(8)  Except as otherwise provided in this Act, a committee may regulate its own proceedings.

12.   Employees

(1)  The Board must appoint a Registrar and may appoint such other employees as may be necessary for the performance of its functions and the exercise of its powers.

(2)  The Registrar is to act as secretary to the Board.

(3)  The Tasmanian State Service Act 1984 does not apply to employees of the Board.

13.   Use by Board of services of persons

(1)  The Board may arrange with the Head of an Agency within the meaning of the Tasmanian State Service Act 1984 for the services of persons employed in that Agency to be made available to the Board.

(2)  The Board may arrange with any other person for the services of persons employed by that person to be made available to the Board.

(3)  The cost of making a person's services available to the Board in accordance with this section is to be met by the Board.

14.   Protection from liability

A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act.

Division 4 - Finance and reports

15.   Funds of Board

(1)  The Board is to keep such authorised deposit-taking institution accounts as it considers necessary.

(2)  The funds of the Board are to be paid to the credit of such of the accounts referred to in subsection (1) as the Board determines and are to consist of –

(a) money received by way of fees, fines, penalties and charges paid to or recovered by the Board; and

(b) any money borrowed by the Board; and

(c) any money received by the Board from other sources.

(3)  The funds of the Board are to be applied –

(a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Board in the performance of its functions and the exercise of its powers; and

(b) in the payment of any remuneration payable by the Board.

(4)  The Board may invest any money that it is holding in any manner in which a trustee is authorised by law to invest trust funds.

(5)  In this section,

authorised deposit-taking institution means a body corporate that is an authorised deposit-taking institution for the purposes of the Banking Act 1959 of the Commonwealth.

16.   Audit

(1)  The accounts and records of the Board are subject to the Financial Management and Audit Act 1990 .

(2)  The Board must pay into the Consolidated Fund such amounts as the Treasurer may require towards the reasonable costs and expenses of audits conducted pursuant to this section.

17.   Accounts

The Board must keep proper accounts and records of its financial affairs and, not later than 31 August after the end of each financial year, prepare a statement of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the Board for that financial year.

18.   Annual report

(1)  The Board must, not later than 31 August after the end of each financial year, give the Minister a report on its operations for that financial year.

(2)  The report is to incorporate the audited statement of accounts prepared for the relevant financial year under section 17 .

(3)  The Minister may, in writing, direct the Board to prepare the report in a particular way or to include particular information in the report.

(4)  The report may be appended to the annual report of the Department.

(5)  Subsection (4) has effect notwithstanding section 33AB(2) of the Tasmanian State Service Act 1984 and section 27(2) of the Financial Management and Audit Act 1990 .

(6)  If the Board's report is not appended to the annual report of the Department, the Minister must cause the Board's report to be laid before each House of Parliament by not later than 30 November after the end of the financial year to which it relates.

PART 3 - Registration

Division 1 - Applying for registration

19.   Who may apply for registration?

(1)  A person may apply to the Board to be registered as a physiotherapist if –

(a) the person has a qualification that is approved by, or gained from an institution that is accredited by, a prescribed national physiotherapists body or forum; or

(b) the person has passed a qualifying examination in physiotherapy held by that prescribed national physiotherapists body or forum.

(2)  For the purposes of subsection (1) , a person may be taken to have gained a qualification from an institution if the person has successfully completed the studies, training and examinations required for the qualification even though the qualification may not have been formally awarded or conferred.

20.   Application requirements

(1)  An application is to be –

(a) in a form approved by the Board; and

(b) lodged with the Registrar; and

(c) accompanied by the prescribed application fee and prescribed annual registration fee; and

(d) accompanied by such information or evidence as the Board requires.

(2)  The Board may require an applicant to provide such further information or evidence as it considers necessary in order to consider the application.

(3)  The Board may waive the payment of all or part of the prescribed application fee or prescribed annual registration fee.

Division 2 - Determination of entitlement

21.   Entitlement to registration

(1)  An applicant is entitled to be registered as a physiotherapist if the Board is satisfied that the applicant –

(a) is eligible to apply for registration; and

(b) has sufficient physical capacity, mental capacity and skill to practise physiotherapy; and

(c) is of good fame and character; and

(d) has an adequate command of the English language; and

(e) is an Australian citizen or resides in a State or Territory of the Commonwealth.

(2)  Notwithstanding subsection (1) , the Board may determine that an applicant is not entitled to be registered if it is not satisfied that the applicant, when practising, will have adequate professional indemnification arrangements.

22.   Interim registration

(1)  The Registrar may grant an applicant interim registration if the Registrar reasonably considers that the applicant is entitled to be registered as a physiotherapist but that it is not practicable to wait until the Board can consider the application.

(2)  Interim registration may be granted unconditionally or subject to conditions.

(3)  The Registrar must issue an interim certificate of registration to a person who is granted interim registration.

(4)  The interim certificate of registration is to be in such form, and contain such information, as the Registrar determines.

(5)  A person to whom interim registration is granted is taken to be a registered physiotherapist for the period during which the interim registration is in force subject to the conditions, if any, determined by the Registrar and specified in the interim certificate of registration.

(6)  The Board may cancel a person's interim registration for any reason it considers sufficient.

(7)  If the Board decides to cancel a person's interim registration it must immediately give the person notice of its decision and the reasons for its decision.

(8)  An interim registration is in force from the date on which it is granted until the date on which the person to whom it has been granted is given notice by the Board that it has –

(a) registered the person; or

(b) refused to register the person; or

(c) cancelled the person's interim registration.

23.   Inquiry into entitlement

(1)  The Board may hold an inquiry to determine the entitlement of an applicant to be registered.

(2)  Unless the Board determines otherwise, an inquiry is to be conducted by a committee established pursuant to section 11 and constituted by not less than 3 persons at least 2 of whom are to be registered physiotherapists.

(3)  A committee established for the purposes of this section is called a committee of inquiry.

(4)  Schedule 3 has effect in relation to the powers and procedures of committees of inquiry.

(5)  In a case to which this section applies, the Registrar must give the applicant and the Secretary notice of –

(a) the reasons for holding the inquiry; and

(b) the date, time and place set for the hearing of the inquiry.

(6)  A notice under subsection (5) to an applicant is to inform the applicant of the applicant's right to be represented in the inquiry.

(7)  A notice under subsection (5) is to be given to the applicant at least 14 days before the date, or the first date, set for the hearing of the inquiry.

24.   Recommendation of committee of inquiry

(1)  After conducting an inquiry, a committee of inquiry must give the Board a written report containing –

(a) a recommendation as to whether the applicant is entitled to be registered as a physiotherapist and, if so, whether the registration should be unconditional or subject to conditions; and

(b) if the committee recommends that the applicant is entitled to be registered subject to conditions – a further recommendation as to what those conditions should be.

(2)  A report under subsection (1) is also to –

(a) contain any findings on questions of fact and the evidence or other material on which the findings are based; and

(b) set out the reasons for any recommendation.

Division 3 - Grant or refusal of registration

25.   Determination of application

(1)  In this section,

agreed period means a period agreed upon by the Board and the applicant for the purpose of this section.

(2)  If the Board is satisfied that an applicant is entitled to be registered it must register the applicant and it may do so unconditionally or subject to conditions.

(3)  In a case to which subsection (2) applies, the Board must give the applicant notice of –

(a) the applicant's registration; and

(b) if the registration is conditional – the conditions to which the registration is subject and the applicant's rights of review and appeal in respect of those conditions.

(4)  If the Board is not satisfied that an applicant is entitled to be registered it must refuse to register the applicant.

(5)  If the Board does not register an applicant within a period of 3 months or a further agreed period after his or her application is lodged, the Board is taken to have refused to register the applicant.

(6)  In a case to which subsection (4) or (5) applies, the Board must –

(a) give the applicant notice of the refusal, the reasons for the refusal and the applicant's right of appeal; and

(b) refund the annual registration fee that accompanied the application.

26.   Special grounds for refusing to grant registration

Without limiting the matters that the Board may have regard to under section 21(1)(b) or (c) , the Board may determine that an applicant is not entitled to be registered as a physiotherapist if –

(a) the applicant's authority to practise physiotherapy under a foreign physiotherapists law has been cancelled or suspended for a reason relating to the person's professional conduct or physical or mental capacity; or

(b) the applicant has been convicted in Tasmania or elsewhere of a crime or an offence of a kind that, in the Board's opinion, makes it not in the public interest to allow the applicant to practise physiotherapy; or

(c) the Board considers it is not in the public interest to grant the application because of the applicant's habitual taking of alcohol or drugs.

27.   Review of registration conditions

(1)  A person may, at intervals of not less than 12 months each, apply to the Board for a review of a condition to which the person's registration is made subject under section 25(2) .

(2)  A person's right under subsection (1) is in addition to that person's right of appeal under section 55(1)(b) .

(3)  The Board, on its own motion, may at any time review a condition to which a person's registration is made subject under section 25(2) .

(4)  After it has reviewed a condition of registration under this section, the Board may –

(a) leave the condition in place; or

(b) remove the condition; or

(c) modify the condition so as to make it less onerous.

(5)  As soon as practicable after it has reviewed a condition of a person's registration, the Board must give the person notice of the outcome of the review.

28.   Certificates of registration

(1)  The Board must issue a certificate of registration to a person who is granted registration.

(2)  A certificate of registration is to –

(a) be in such form and contain such information as the Board determines; and

(b) specify the conditions, if any, to which the registration is subject.

(3)  A certificate of registration is evidence that the person named in the certificate is a registered physiotherapist –

(a) for the period or until the date specified in the certificate; and

(b) subject to the conditions, if any, specified in the certificate.

(4)  If the Board is satisfied that a certificate of registration has been lost or destroyed it may issue a replacement certificate, marked as such, on payment of the prescribed fee.

(5)  The Board, by notice, may require a registered physiotherapist to surrender his or her certificate of registration to enable the Board to issue that physiotherapist with a new certificate of registration with amended particulars.

(6)  A registered physiotherapist who is given a notice under subsection (5) must surrender his or her certificate of registration to the Board within 14 days after being given the notice or within such longer period as the Board may allow.

Penalty:  Fine not exceeding 15 penalty units.

29.   Offences in relation to certificates of registration

A person who is issued with a certificate of registration or an interim certificate of registration must not –

(a) lend or agree to lend that certificate to another person; or

(b) allow that certificate to be used by another person.

Penalty:  Fine not exceeding 25 penalty units.

Division 4 - Register of Physiotherapists

30.   Register

(1)  The Board must keep a register called the Register of Physiotherapists.

(2)  The Board must record the following information in the register in relation to each person who is granted registration:

(a) the person's full name;

(b) the person's business or contact address;

(c) the person's relevant qualifications;

(d) the date of the person's registration;

(e) any conditions to which the person's registration has been made subject under section 25(2) and any modification of those conditions.

(3)  The Board must also record the following matters in the register:

(a) the renewal of a person's registration;

(b) the suspension of a person's registration;

(c) any conditions to which a person's registration has been made subject under section 48(1)(d) and any modification of those conditions;

(d) the removal from the register of a person's name;

(e) the restoration to the register of a person's name;

(f) any change in the name of a registered person;

(g) any change in the business or contact address of a registered person.

(4)  The register may contain such other information as the Board considers necessary or appropriate.

(5)  A registered physiotherapist, or a physiotherapist whose registration is suspended, must, within 14 days of changing his or her name or business or contact address, give the Board notice of the change and the new name or business or contact address.

Penalty:  Fine not exceeding 15 penalty units.

31.   Correction of register

(1)  A registered physiotherapist may apply to the Board to have an inaccurate or erroneous entry in the register corrected and, if the Board is satisfied that the entry is inaccurate or erroneous, it must correct the register accordingly.

(2)  No fee is payable for an application under subsection (1) .

(3)  The Board may require an applicant under subsection (1) to provide such further information or evidence as it considers necessary in order to consider the application.

32.   Inspection of register

(1)  A person may, on payment of the prescribed fee, inspect the register at the office of the Board.

(2)  A person inspecting the register may, on payment of the prescribed fee, obtain a copy of or extract from the register.

(3)  The Board may waive the payment of all or part of the prescribed fee for inspecting or obtaining a copy of or extract from the register.

33.   Publication of register, &c.

(1)  The Board may publish in the Gazette –

(a) a copy of the register or part of the register; or

(b) a notice of the grant of registration to any person including any conditions imposed on the registration and any modification of those conditions; or

(c) a notice of the removal from the register of the name of any person; or

(d) a notice of the restoration to the register of the name of any person; or

(e) a notice of the suspension of the registration of any person; or

(f) a notice of any disciplinary action taken under section 48 in respect of a registered person.

(2)  The Board may provide a person with a copy of a notice referred to in subsection (1) on payment of the prescribed fee.

(3)  The Board may waive the payment of all or part of the prescribed fee.

34.   Protection of private information

Notwithstanding sections 32 and 33  –

(a) the register made available for public inspection need not include the information, or all the information, referred to in section 30(4) ; and

(b) a copy of the register or part of the register published in the Gazette need not include the information, or all of the information, referred to in section 30(4) ; and

(c) if the Board records a person's private address in the register, that address is not to appear in the register as made available for public inspection or be published in the Gazette without that person's consent.

35.   Annual registration fees

(1)  In this section –

due date means –

(a) 31 January; or

(b) if another date is prescribed – that date;

registered physiotherapist includes a person whose registration is suspended.

(2)  A registered physiotherapist must, on or before the due date in each year –

(a) pay the Board the prescribed annual registration fee; and

(b) provide the Board with any information it requires.

(3)  A registered physiotherapist who pays the prescribed annual registration fee after but within 30 days of the due date must pay the prescribed late fee.

(4)  The Board may waive the payment of all or part of the prescribed annual registration fee or late fee.

(5)  Subject to subsections (6) and (7) , the Board must immediately issue a new certificate of registration to each registered physiotherapist who in any year –

(a) pays the prescribed annual registration fee on or before the due date; or

(b) pays the prescribed annual registration fee and late fee after but within 30 days of the due date.

(6)  The Board may refuse to issue the new certificate of registration if it is not satisfied that the registered physiotherapist –

(a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) and would, if applying to be registered for the first time, be eligible to apply for that registration; or

(b) has adequate professional indemnification arrangements.

(7)  The Board must not issue a new certificate of registration to a registered person who has not actively practised physiotherapy in the 5 year period immediately preceding the due date unless it is satisfied that the person complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) and would, if applying to be registered for the first time, be eligible to apply for that registration.

(8)  The name of a registered physiotherapist who in any year fails to pay the prescribed annual registration fee on or before the due date, or the prescribed annual registration fee and late fee within 30 days after the due date, is to be removed from the register in accordance with section 36 .

(9)  The name of a registered physiotherapist who is refused the issue of a new certificate of registration pursuant to subsection (6) or (7) is to be removed from the register in accordance with section 36 .

(10)  In a case to which subsection (9) applies, the Board must refund the prescribed annual registration fee and, if applicable, late fee.

(11)  For the purposes of this section, other than subsection (10) , a person whose obligation to pay a fee has been wholly or partially waived is taken to have paid that fee.

36.   Removal from register

(1)  Subject to subsection (2)  –

(a) the Board may remove from the register the name of a person who –

(i) contravenes a condition subject to which the person is registered; or

(ii) fails to pay, within the time specified for payment, a fine imposed on the person under section 48(1)(c) ; or

(iii) fails to comply with a requirement made of that person under section 48(1)(e) ; or

(iv) fails to honour an undertaking given to the Board; and

(b) the Board must remove from the register the name of a person –

(i) who dies; or

(ii) who requests the Board to remove his or her name from the register; or

(iii) in respect of whom the Board has made a decision under section 48(1)(a) which has taken effect; or

(iv) who ceases to be registered by virtue of section 35(8) ; or

(v) who ceases to be registered by virtue of section 35(9) ; or

(vi) who is no longer entitled to be registered; or

(vii) whose authority to practise physiotherapy under a foreign physiotherapists law has been cancelled for a reason relating to the person's professional conduct or physical or mental capacity; or

(viii) who has been registered by reason of a false or misleading statement or declaration.

(2)  The Board must not remove a person's name from the register under subsection (1)(a) or subsection (1)(b)(vi) , (vii) or (viii) without first affording that person a reasonable opportunity to be heard.

(3)  If the Board removes a living person's name from the register it must immediately give the person notice of the removal.

(4)  A notice under subsection (3) is –

(a) except in a case to which subsection (1)(b)(ii) applies – to specify the reasons for the removal; and

(b) except in a case to which subsection (1)(b)(ii) , (iii) or (iv) applies – to inform the person concerned of his or her right of appeal.

(5)  A person ceases to be a registered physiotherapist when the giving of the notice is effected.

(6)  If the Board removes a living person's name from the register it may require that a specified period must elapse or that a specified condition must be fulfilled before that person may apply for registration.

37.   Deregistered person must surrender certificate

A person who is given notice by the Board that his or her name has been removed from the register must surrender his or her certificate of registration to the Board within 7 days after being given the notice or within such longer period as the Board may allow.

Penalty:  Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues.

38.   Restoring name on register

(1)  Subject to this section, on payment of the prescribed restoration fee and annual registration fee the Board must restore a person's name to the register if –

(a) the person previously requested the removal of his or her name from the register under section 36(1)(b)(ii) and requests that his or her name be restored to the register; or

(b) the person has had his or her name removed from the register under section 36(1)(b)(iv) .

(2)  The Board may waive the payment of all or part of the prescribed restoration fee or annual registration fee.

(3)  The Board may refuse to restore a person's name to the register if it is not satisfied that the person –

(a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) and would, if applying to be registered for the first time, be eligible to apply for that registration; or

(b) has adequate professional indemnification arrangements.

(4)  If the Board refuses to restore a person's name to the register it must, as soon as practicable –

(a) give the person notice of the refusal, the reasons for the refusal and the person's right of appeal; and

(b) refund the prescribed restoration fee and annual registration fee.

(5)  If the Board restores a person's name to the register it must, on request, issue the person with a new certificate of registration.

39.   Evidentiary provisions

(1)  A copy of an entry in the register purporting to be signed by the Registrar is evidence that the entry was duly made.

(2)  A certificate purporting to be signed by the Registrar and stating any one or more of the following matters is evidence of the matters stated:

(a) a person specified in the certificate was or was not a registered physiotherapist on a date or during a period specified in the certificate;

(b) the registration of a person specified in the certificate was subject to a condition specified in the certificate on a date or for a period specified in the certificate;

(c) the registration of a person specified in the certificate was suspended on a date or for a period specified in the certificate;

(d) the name of a person specified in the certificate was removed from the register on a date or for a period specified in the certificate.

PART 4 - Discipline

Division 1 - Complaints

40.   Making complaints

(1)  A person who is aggrieved by the conduct of a registered physiotherapist may complain to the Board.

(2)  A complaint may be made and dealt with under this Part even though the person who is the subject of the complaint has ceased to be a registered physiotherapist and, for that purpose, a reference in this Act to a registered physiotherapist includes a reference to a person who has ceased to be registered or whose registration is suspended.

(3)  A complaint may be made or dealt with under this Part even though the registration of the person who is the subject of the complaint was suspended at the time of the matter complained of.

41.   Specific matters in respect of which complaints may be made

(1)  Without limiting the matters in respect of which a complaint may be made, a person may complain that a registered physiotherapist –

(a) has been registered by reason of a false or misleading statement or declaration; or

(b) no longer holds, or is no longer entitled to hold, a qualification by reason of which the physiotherapist was registered; or

(c) lacks sufficient physical capacity, mental capacity or skill to practise physiotherapy; or

(d) is not entitled on other grounds to be registered; or

(e) is guilty of professional misconduct.

(2)  Without limiting the matters that may constitute professional misconduct, a registered physiotherapist is guilty of such misconduct if the physiotherapist –

(a) contravenes section 29 , section 54(4) or Part 6 , or a provision of the regulations that is prescribed as a disciplinary regulation; or

(b) contravenes a foreign physiotherapists law; or

(c) contravenes a condition subject to which the physiotherapist is registered; or

(d) fails to pay, within the time specified for payment, a fine imposed on the physiotherapist under section 48(1)(c) ; or

(e) fails to comply with a requirement made of the physiotherapist under section 48(1)(e) ; or

(f) fails to honour an undertaking given to the Board; or

(g) is negligent or incompetent in the practice of physiotherapy; or

(h) behaves in a fraudulent or dishonest manner in the practice of physiotherapy.

42.   Complaints procedure

(1)  A complaint is to –

(a) be made in writing; and

(b) contain particulars of the matter complained of; and

(c) identify, if possible, the registered physiotherapist against whom the complaint is being made or set out such information relating to the identity of that registered physiotherapist as is known to the complainant; and

(d) identify the complainant; and

(e) be lodged with the Registrar.

(2)  The Registrar must ensure that a person who wishes to make a complaint is given such reasonable assistance as is necessary to enable that person to make the complaint in accordance with this section.

(3)  On receipt of a complaint, the Registrar must –

(a) make a record of the date on which the complaint was received; and

(b) place the complaint before the Board without undue delay.

(4)  The Board may require the complainant to provide further particulars of the complaint.

Division 2 - Investigation of complaints

43.   Division is subject to Health Complaints Act

This Division has effect subject to Part 7 of the Health Complaints Act 1995 .

44.   Investigations

(1)  Except as provided by sections 45 and 46 , the Board must investigate each complaint made to it.

(2)  The Board, on its own motion, may investigate any matter that could be grounds for a complaint and subsections (2) and (3) of section 40 apply to such an investigation as if it were a complaint.

(3)  The Board may, on commencing an investigation, give notice to the registered physiotherapist who is being investigated.

(4)  An investigation is to be conducted by a committee established pursuant to section 11 and constituted by not less than 3 persons at least one of whom is to be a registered physiotherapist.

(5)  A committee established for the purposes of this section is called a disciplinary committee.

(6)  Schedule 3 has effect in relation to the powers and procedures of disciplinary committees.

(7)  A party to proceedings in an investigation is entitled to tender evidence to the disciplinary committee conducting the investigation and to examine any person who tenders evidence in that investigation.

45.   Frivolous, vexatious and unsubstantial complaints to be dismissed

If the Board considers that a complaint is frivolous or vexatious or that the matter complained of is unsubstantial it must dismiss the complaint.

46.   Procedure for less serious complaints

(1)  In this section,

matter means –

(a) a matter giving rise to a complaint against a physiotherapist; or

(b) a matter that the Board considers could be grounds for a complaint against a physiotherapist.

(2)  If the Board considers that a matter may not be sufficiently serious to warrant investigation it may, by notice, require the physiotherapist concerned to –

(a) appear before it to give an explanation; or

(b) provide it with a written explanation.

(3)  If the matter relates to the physical or mental capacity of the physiotherapist, the Board may further require the physiotherapist to have a medical examination on the same terms as a medical examination required by a disciplinary committee.

(4)  A notice under subsection (2)(a) is to –

(a) set out particulars of the matter; and

(b) state that the physiotherapist is entitled to make submissions when appearing before the Board but is not entitled to be represented; and

(c) state that the appearance before the Board is not open to the public; and

(d) inform the physiotherapist that he or she may request that the matter be referred directly to a disciplinary committee; and

(e) inform the physiotherapist of the other circumstances in which the matter may be referred to a disciplinary committee; and

(f) specify the date, time and place at which the physiotherapist is required to appear.

(5)  A notice under subsection (2)(b) is to –

(a) contain the same information as is specified in subsection (4)(a) , (d) and (e) in relation to a notice requiring a personal appearance; and

(b) specify a date by which the physiotherapist is required to provide the Board with the written explanation.

(6)  A notice may contain such other information as the Board considers necessary or expedient.

(7)  The date specified under subsection (4)(f) or (5)(b) is to be not less than 14 days after the date of giving the notice.

(8)  The Board is not to take any further action in respect of a matter if, after considering the explanation of the physiotherapist concerned, it is not satisfied that the matter has been substantiated.

(9)  If the Board is satisfied, after considering the explanation, that the matter has been substantiated but that it is not sufficiently serious to warrant an investigation, the Board may do either or both of the following:

(a) caution or reprimand the physiotherapist;

(b) accept an undertaking from the physiotherapist to take or refrain from taking specified action.

(10)  The Board must refer a matter to a disciplinary committee if –

(a) the physiotherapist concerned fails to appear before the Board as required by a notice under subsection (2)(a) or, before the date of appearance specified in the notice, requests in writing that the matter be so referred; or

(b) the physiotherapist concerned fails to provide the Board with a written explanation as required by a notice under subsection (2)(b) or, before the date on which the explanation is required to be provided, requests in writing that the matter be so referred; or

(c) in the course of giving an explanation of the matter the physiotherapist concerned requests, orally or in writing, that the matter be so referred; or

(d) after or in the course of considering an explanation of the matter the Board determines that the matter is sufficiently serious to warrant investigation by a disciplinary committee; or

(e) in a case to which subsection (9) applies – the physiotherapist concerned disputes that the matter has been substantiated.

(11)  A meeting of the Board convened for the purposes of this section is not open to the public.

47.   Recommendation of disciplinary committee

After conducting an investigation, the disciplinary committee must give the Board a written report on the investigation and its findings and recommendations, including any recommendations as to costs.

Division 3 - Action following investigation

48.   Actions that may be taken by Board

(1)  On receipt of the report referred to in section 47 , the Board, in its discretion, may take any one or more of the following actions:

(a) remove the defendant's name from the register;

(b) suspend the defendant's registration, totally or partially, for a period not exceeding 12 months;

(c) impose on the defendant a fine not exceeding 50 penalty units;

(d) impose on the defendant's registration a condition subject to which the defendant may continue to practise physiotherapy;

(e) require the defendant to take or refrain from taking specified action;

(f) caution or reprimand the defendant;

(g) dismiss the complaint or, in a case to which section 44(2) applies, exonerate the defendant.

(2)  In the case of an investigation relating to a matter referred to in section 41(1)(b) , the Board must, unless it dismisses the complaint or exonerates the defendant, take at least the action specified in subsection (1)(a) .

(3)  If the Board imposes a fine under subsection (1)(c) , it must specify a period within which the fine is to be paid.

(4)  If the Board imposes a condition on the defendant's registration under subsection (1)(d) , it has the same powers in relation to that condition as it has under section 27(3) and (4) in relation to a condition imposed at the time of registration.

(5)  For the purposes of subsection (1)(e) but without limiting the generality of that subsection, the Board may require the defendant to do such one or more of the following things as may be appropriate in the circumstances:

(a) carry out specified work for a specified person either free of charge or for a specified fee;

(b) waive or repay the whole or any part of any fees charged to or paid by a specified person in respect of specified work;

(c) be subject to periodic supervision or inspection by a specified person;

(d) seek specified advice in relation to the management of his or her practice.

(6)  The Board, as an alternative to taking action under subsection (1)(a) , (b) , (c) , (d) , (e) or (f) , may accept an undertaking from the defendant to take or refrain from taking specified action, either generally or within a specified period of time.

49.   Costs and expenses of investigations

(1)  The Board may, in addition to exercising powers under section 48 , order the defendant to pay such costs and expenses of or arising from the investigation as the Board thinks fit within such period of time as the Board by the order allows.

(2)  Subsection (1) does not apply if the Board decides to dismiss the complaint against the defendant or, in a case to which section 44(2) applies, exonerate the defendant.

(3)  If the Board decides to dismiss the complaint or exonerate the defendant it may, if it considers it fair to do so, pay the costs and expenses or any part of the costs and expenses incurred by the defendant in respect of the investigation.

(4)  Any costs or expenses ordered to be paid under subsection (1) are recoverable as a debt due to the Board.

50.   Notice of decision

(1)  When the Board has decided what action to take under section 48 , it must give the defendant notice of –

(a) the decision and the reasons for the decision; and

(b) except in a case to which section 48(1)(g) applies – the defendant's right of appeal; and

(c) any order as to costs made by the Board under section 49(1) .

(2)  A decision of the Board under section 48(1)(a) , (b) , (c) , (d) , (e) or (f) does not take effect until –

(a) the expiration of the period within which the defendant may lodge an appeal against the decision; or

(b) if the defendant lodges an appeal against the decision – the decision is affirmed or varied by the Supreme Court or the appeal is withdrawn.

(3)  The period referred to in subsection (2)(a) is taken to have commenced when notice of the Board's decision is given to the defendant.

(4)  If a decision of the Board under section 48(1)(b) takes effect, the defendant –

(a) in the case of a total suspension of registration – is taken not to be registered until the period of suspension expires; and

(b) in the case of a partial suspension of registration – ceases to be entitled to practise in the areas of practice to which the partial suspension applies, as specified in the notice of the decision, until the period of suspension expires.

(5)  If the Board's decision takes effect, it may do any or all of the following:

(a) give notice of its decision to the Australian Physiotherapy Association and to such physiotherapists registration authorities and other bodies as it considers appropriate to notify;

(b) give notice of its decision to the Secretary;

(c) cause notice of its decision to be published in any professional publication related to the practice of physiotherapy;

(d) cause notice of its decision to be published in the Gazette and any newspaper.

Division 4 - Suspension

51.   Suspension of registration

(1)  The Board may suspend the registration of a physiotherapist for such period not exceeding 12 months as the Board in the circumstances considers necessary or appropriate if –

(a) the physiotherapist contravenes a condition subject to which the physiotherapist is registered; or

(b) the physiotherapist's authority to practise physiotherapy under a foreign physiotherapists law has been suspended for a reason relating to the physiotherapist's professional conduct or physical or mental capacity; or

(c) the physiotherapist fails to pay, within the time specified for payment, a fine imposed under section 48(1)(c) ; or

(d) the physiotherapist fails to comply with a requirement made of that physiotherapist under section 48(1)(e) ; or

(e) the physiotherapist fails to honour an undertaking given to the Board; or

(f) the Board reasonably considers the suspension necessary for the purposes of investigating a complaint made against that physiotherapist or investigating on its own motion a matter that could be the subject of a complaint against that physiotherapist; or

(g) the Board reasonably considers that it is in the public interest to suspend the registration.

(2)  The suspension of registration may be –

(a) a total suspension of registration; or

(b) a partial suspension of registration, being suspension that applies only to certain areas of the practice of physiotherapy specified by the Board.

(3)  The power of the Board to suspend a physiotherapist's registration under this section is in addition to the power of the Board to suspend that physiotherapist's registration under section 48(1)(b) .

(4)  If the Board decides to suspend a physiotherapist's registration under this section it may afford that physiotherapist an opportunity to be heard but it is not required to do so.

(5)  If the Board decides to suspend a physiotherapist's registration under this section it must make an appropriate note of the suspension and the reasons for the suspension in the register and give the physiotherapist notice of –

(a) the suspension and the reasons for the suspension; and

(b) in the case of a partial suspension of registration – the areas of the practice of physiotherapy to which the suspension applies; and

(c) the physiotherapist's right of appeal.

(6)  When the giving of the notice is effected in the case of a total suspension of registration, the physiotherapist is taken not to be registered until the period of suspension specified in the notice expires or the suspension is revoked by the Board.

(7)  When the giving of the notice is effected in the case of a partial suspension of registration, the physiotherapist's entitlement to practise physiotherapy in those areas of practice specified under subsection (2)(b) is suspended until the period of suspension specified in the notice expires or the suspension is revoked by the Board.

(8)  Subsections (6) and (7) have effect subject to any orders of the Supreme Court made on appeal.

(9)  A physiotherapist whose registration has been totally or partially suspended must, if directed in writing to do so by the Board, return his or her certificate of registration to the Board within 7 days after being given that direction or within such longer period as the Board may allow.

Penalty:  Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues.

(10)  If the Board suspends a physiotherapist's registration under this section it has and may exercise, if it considers that it is in the public interest to do so, the same power to give notice of the suspension as it has under section 50(5) in relation to a decision to which that section applies.

52.   Revocation of suspension

If the Board suspends a physiotherapist's registration under section 51 it may at any time, for any reason it considers sufficient, revoke the suspension.

Division 5 - Miscellaneous

53.   Evidence of facts found in other proceedings

A finding of fact in relation to the conduct of a physiotherapist made in any proceedings in a court or other tribunal to which that physiotherapist is a party, whether in this State or elsewhere, is evidence of that fact in proceedings under this Part.

54.   Inspectors

(1)  If the Board reasonably suspects that –

(a) an unregistered person may be practising or purportedly practising as a physiotherapist; or

(b) there may be grounds for a complaint against a registered physiotherapist; or

(c) there may be grounds for removing a person's name from the register or suspending a person's registration; or

(d) a registered person may lack the physical capacity, mental capacity or skill to practise as a physiotherapist –

it may, in writing, authorise a person to act as an inspector to examine the matter.

(2)  On production of the authorisation, the inspector may at any reasonable time enter the business premises of a registered physiotherapist or premises in or from which a person is apparently practising or purporting to practise physiotherapy and do all or any of the following:

(a) inspect the premises generally;

(b) require the person apparently in charge of the premises to produce for inspection any document held at the premises;

(c) inspect and take notes of or extracts from any such document;

(d) make a copy of any such document;

(e) ask questions of and require answers from persons on the premises;

(f) take photographs;

(g) open and inspect containers or packages which the inspector reasonably suspects are used for the purpose of, or in connection with, the provision of physiotherapy services;

(h) examine or test any equipment held on the premises;

(i) require a person registered or claiming to be registered to produce a certificate of registration;

(j) if the inspector reasonably suspects that an offence has been committed against this Act, seize and, on furnishing a receipt, remove anything that in the reasonable opinion of the inspector is evidence of the offence;

(k) remove, on furnishing a receipt, any document found on the premises to the custody and control of the Board for as long as the Board considers necessary or expedient.

(3)  If the Board is satisfied that for legitimate reasons a registered physiotherapist needs access to a document that has been removed from the physiotherapist's business premises to the custody and control of the Board under subsection (2)(k) , the Board in its discretion may –

(a) grant the physiotherapist reasonable access to the document or to a copy of the document; or

(b) provide the physiotherapist with a copy or certified copy of the document; or

(c) retain a copy of the document and return the original to the physiotherapist.

(4)  A person must not give, agree to give or offer to an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an examination under this section.

Penalty:  Fine not exceeding 25 penalty units.

PART 5 - Appeals

55.   Right of appeal

(1)  A person may appeal to the Supreme Court if the person is aggrieved by a decision of the Board to –

(a) refuse to register the person; or

(b) impose a condition on the person's registration under section 25(2) , whether or not the condition has been modified under section 27 ; or

(c) remove the person's name from the register other than under section 36(1)(b)(ii) , (iii) or (iv) ; or

(d) refuse to restore the person's name to the register under section 38 ; or

(e) suspend the person's registration under section 51 ; or

(f) refuse to issue the person with a new certificate of registration under section 35(6) or (7) ; or

(g) take an action under section 48 in respect of the person.

(2)  The appeal is to be made within 30 days after notice of the Board's decision is given to the person.

56.   Hearing of appeals

(1)  On hearing an appeal against a decision of the Board, the Supreme Court may –

(a) affirm the decision; or

(b) vary the decision; or

(c) quash the decision.

(2)  If the Court quashes the decision it may, according to the circumstances of the case –

(a) substitute for the decision it has quashed any decision that the Board would have had jurisdiction to make in those circumstances; or

(b) remit the matter to the Board, with or without directions, for further hearing or consideration or for rehearing or reconsideration.

(3)  The Court may make any further order that it considers just in the circumstances of the case and, without limiting the generality of this, may order the Board to take or refrain from taking any action in respect of the appellant.

PART 6 - Offences

Division 1 - Public and professional safeguards

57.   False claims

A person who is not a registered physiotherapist must not hold himself or herself out, or allow himself or herself to be held out, as being a registered physiotherapist or as being in any way registered to practise physiotherapy.

Penalty:  Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

58.   Practising offences

(1)  A person who is not a registered physiotherapist must not –

(a) manipulate the joints of the human body; or

(b) use or apply a prescribed electrical or physical modality.

Penalty:  Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

(2)  Subsection (1)(a) does not apply to –

(a) a medical practitioner acting in the normal course of his or her profession; or

(b) a person who is registered under the Chiropractors and Osteopaths Registration Act 1997 acting in the normal course of his or her profession; or

(c) a prescribed person or a person of a prescribed class or description.

(3)  Subsection (1)(b) does not apply to a prescribed person or a person of a prescribed class or description.

59.   Unauthorised use of certain titles

A person who is not a registered physiotherapist must not practise a profession or trade under any one or more of the following titles:

(a) physiotherapist, registered physiotherapist, certified physiotherapist, licensed physiotherapist or qualified physiotherapist;

(b) physical therapist;

(c) manipulative therapist;

(d) such other title as may be prescribed.

Penalty:  Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

60.   Provision of physiotherapy services by bodies corporate

A body corporate must not provide a physiotherapy service or cause or allow a physiotherapy service to be provided in its name or on its behalf unless that service is controlled and supervised by a registered physiotherapist.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

Division 2 - General offences

61.   Failure to notify Board of civil claims

(1)  A registered physiotherapist must give the Board notice within 14 days after any proceedings claiming damages or other compensation for alleged negligence in the practice of physiotherapy are commenced against that registered physiotherapist.

Penalty:  Fine not exceeding 15 penalty units.

(2)  A registered physiotherapist must give the Board notice within 14 days after –

(a) any proceedings claiming damages or other compensation for alleged negligence by the physiotherapist in the practice of physiotherapy are withdrawn or settled; or

(b) a court or other tribunal makes an order in respect of any such proceedings.

Penalty:  Fine not exceeding 15 penalty units.

62.   Offences of dishonesty

(1)  A person must not make or produce, or cause to be made or produced, a false or misleading statement, either orally or in writing, in connection with –

(a) an application, inquiry or investigation; or

(b) an examination by an inspector under section 54 .

Penalty:  Fine not exceeding 25 penalty units.

(2)  A person must not forge or change a certificate of registration or an interim certificate of registration.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A person must not forge or change a degree, diploma or other evidence of qualifications for registration under this Act.

Penalty:  Fine not exceeding 25 penalty units.

63.   Obstruction, &c.

A person must not obstruct, hinder, threaten or intimidate another person –

(a) in the exercise by that other person of a power conferred by this Act; or

(b) in the performance of a duty imposed on that other person by this Act.

Penalty:  Fine not exceeding 25 penalty units.

64.   Offences relating to inquiries and investigations, &c.

(1)  A person must not, without reasonable excuse –

(a) fail to attend an inquiry or investigation as required by summons; or

(b) fail in an inquiry or investigation to comply with the requirement to affirm or be sworn; or

(c) fail to produce a document when required by a committee of inquiry or disciplinary committee to do so; or

(d) fail to answer questions required by a committee of inquiry or disciplinary committee to be answered.

Penalty:  Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

(2)  A person may be required by a committee of inquiry or disciplinary committee to answer a question or produce a document notwithstanding that the answer to the question or the contents of the document may tend to incriminate that person.

(3)  If in an inquiry or investigation a person objects to answering a question or producing a document on the grounds that to do so may tend to incriminate that person, the answer to the question or the content of the document is not admissible in evidence in any other proceedings in respect of the person, other than proceedings in respect of an offence under section 62 or in respect of an appeal under Part 5 .

65.   Failure to comply with orders

(1)  A person must not –

(a) fail to leave the hearing of an inquiry or investigation when ordered to do so by the committee conducting the inquiry or investigation; or

(b) fail to leave a meeting of the Board when ordered to do so by the Board.

Penalty:  Fine not exceeding 25 penalty units.

(2)  A person must not –

(a) report or otherwise disclose any proceedings of a committee of inquiry or disciplinary committee contrary to an order of that committee; or

(b) report or otherwise disclose any information in respect of the proceedings of a committee of inquiry or disciplinary committee contrary to an order of that committee.

Penalty:  In the case of –

(a) a body corporate – a fine not exceeding 50 penalty units; or

(b) an individual – a fine not exceeding 25 penalty units.

(3)  A person must not –

(a) report or otherwise disclose any proceedings of a meeting of the Board contrary to an order of the Board; or

(b) report or otherwise disclose any information in respect of a meeting of the Board contrary to an order of the Board.

Penalty:  In the case of –

(a) a body corporate – a fine not exceeding 50 penalty units; or

(b) an individual – a fine not exceeding 25 penalty units.

PART 7 - Miscellaneous

Division 1 - Obligations to provide information

66.   Medical practitioners' notices relating to fitness to practise

A medical practitioner who signs an order under the Mental Health Act 1996 or a medical recommendation under the Alcohol and Drug Dependency Act 1968 in respect of a person who the medical practitioner knows or believes to be a registered physiotherapist must, as soon as practicable after signing the order or recommendation, give the Board notice of that fact.

Penalty:  Fine not exceeding 5 penalty units.

67.   Provision of information by bodies corporate

(1)  A body corporate that provides physiotherapy services or causes or allows physiotherapy services to be provided in its name or on its behalf must, if the Board by notice requires it to do so, give the Board any or all of the following within the time provided by the notice:

(a) a copy of its memorandum and articles of association;

(b) any information required by the notice concerning its membership, shareholdings, officers or employees;

(c) any other information required by the notice concerning the body corporate's structure, management or operations.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  A registered physiotherapist must, if the Board by notice requires the physiotherapist to do so, give the Board, within the time provided by the notice, such information as is specified in the notice regarding any body corporate of which that physiotherapist is a member.

Penalty:  Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

Division 2 - Administrative and legal

68.   Service of documents

(1)  A document may be given to the Board or a committee –

(a) by leaving it at, or sending it by post to, the Board's address; or

(b) by sending it by way of facsimile transmission to the Board's facsimile number.

(2)  A document may be given to another person by  –

(a) in the case of an individual  –

(i) handing it to the person; or

(ii) leaving it at, or sending it by post to, the person's postal or residential address or place of business or employment last known to the giver of the document; or

(iii) sending it by way of facsimile transmission to the person's facsimile number; and

(b) in the case of another person  –

(i) leaving it at, or sending it by post to, the person's principal or registered office or principal place of business; or

(ii) sending it by way of facsimile transmission to the person's facsimile number.

(3)  A document that is posted to a person is taken not to have been given to the person until the time when it would be delivered in the ordinary course of post.

69.   Common seal of Board

(1)  The common seal of the Board is to be kept and used as authorised by the Board.

(2)  All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Board.

70.   Presumptions

In any proceedings, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Board or a committee; or

(b) any resolution of the Board or a committee; or

(c) the appointment of any member of the Board or a committee; or

(d) the presence of a quorum at any meeting of the Board or a committee.

71.   Appropriation of fees, penalties and fines

(1)  All fees payable and all penalties imposed and recovered under this Act are to be paid to the Board.

(2)  A fee payable under this Act may be recovered as a debt due to the Board.

(3)  A fine imposed on a person under section 48(1)(c) may be recovered as a debt due to the Board.

72.   No right of recovery by unregistered person, &c.

(1)  A person is not entitled to recover a fee or other remuneration for a service that he or she has provided on his or her own account as a physiotherapist unless he or she was registered at the time the service was provided.

(2)  A body corporate is not entitled to recover a fee or other remuneration for or in connection with a service provided in its name or on its behalf by a physiotherapist unless that physiotherapist was registered at the time the service was provided.

(3)  In an action for the recovery of a fee or other remuneration for a service provided by a physiotherapist it is sufficient to state in the particulars of claim or demand the words "for physiotherapy".

73.   Punishment of conduct constituting an offence

If conduct that constitutes an offence against this Act is also grounds for action under section 46 , 48 or 51 of this Act –

(a) the taking of the action is not a bar to conviction and punishment for the offence; and

(b) conviction and punishment for the offence is not a bar to the taking of the action.

74.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Without limiting the generality of subsection (1) , the regulations may –

(a) prescribe precautions to be taken to control the risk of infection in the practice of physiotherapy and other precautions to be taken for the comfort, safety and welfare of physiotherapy patients; and

(b) prescribe continuing professional education requirements for registered physiotherapists.

(3)  Regulations made under this section, including any regulations prescribing fees, may –

(a) apply generally or be limited in their application by reference to specified exemptions or specified factors; and

(b) apply differently according to different factors, limitations or restrictions of a specified kind; and

(c) authorise any matter to be from time to time determined, applied or regulated by the Board.

(4)  Regulations made under this section may –

(a) provide that a contravention of any of the regulations is an offence; and

(b) in respect of any such offence, provide for the imposition of a fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

(5)  The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act.

(6)  A provision of a regulation made pursuant to subsection (5) may, if the regulation so provides, take effect on the day referred to in section 2 or a later date.

Division 3 - Consequential and transitional

75.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Health and Human Services; and

(b) the department responsible to the Minister for Health and Human Services in relation to the administration of this Act is the Department of Health and Human Services.

76.   Interim fees

Until fees are prescribed for the purposes of this Act, the fees specified in Schedule 4 are the fees that are payable under this Act in respect of the various matters to which they respectively relate.

77.   Savings and transitional provisions

The savings and transitional provisions set out in Schedule 5 have effect.

78.   Repeal

The Physiotherapists' Registration Act 1951 is repealed.

SCHEDULE 1 - Provisions with respect to membership of Board

Section 6(6)

1.   Term of office

(1) A member is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment.

(2) A member is eligible to serve any number of terms of office but may not serve more than 2 of those terms in succession.

2.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

3.   Remuneration of members

A member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Minister determines.

4.   Vacation of office

(1) A member vacates office if he or she –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) ; or

(d) ceases to be qualified for office by virtue of subclause (4) .

(2) The Governor may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Board without the permission of the other members of the Board; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a period exceeding 12 months; or

(d) fails, without reasonable excuse, to comply with the obligation referred to in clause 5 of Schedule 2 ; or

(e) is convicted of an offence against this Act.

(3) The Governor may remove a member from office if satisfied that the member is unable to perform the duties of office competently.

(4) A member appointed under section 6(1)(a) vacates office if he or she ceases to be a registered physiotherapist.

5.   Filling of vacancies

(1) If the office of a member becomes vacant, the Governor may appoint a person to the vacant office for the remainder of that member's term of office.

(2) In the case of a vacancy in the office of a member referred to in section 6(1)(a) the person appointed to the vacant office is to be a registered physiotherapist.

6.   Validity of proceedings, &c.

(1) An act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Board.

(2) An act or proceeding of the Board or of a person acting under the direction of the Board is valid even if –

(a) the appointment of a member of the Board was defective; or

(b) a person appointed as a member of the Board was disqualified from acting as, or incapable of being, such a member.

SCHEDULE 2 - Provisions with respect to meetings of Board

Section 6(7)

1.   Convening of meetings

A meeting of the Board may be convened by the chairperson or by any 2 members.

2.   Procedure at meetings

(1) Three members form a quorum at any duly convened meeting of the Board.

(2) Any duly convened meeting of the Board at which a quorum is present is competent to transact any business of the Board.

(3) Questions arising at a meeting of the Board are to be determined by a majority of votes of the members present and voting.

(4) In the event of an equality of votes on a question arising at a meeting of the Board, the question stands adjourned until its next meeting.

3.   Who presides at meetings

(1) The chairperson is to preside at all meetings of the Board at which he or she is present.

(2) If the chairperson is not present at a meeting of the Board, a member elected by the members present is to preside at that meeting.

4.   Minutes

The Board must keep accurate minutes of its meetings.

5.   Disclosure of interest

(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board must, as soon as practicable after the relevant facts come to the knowledge of the member, disclose the nature of that interest at a meeting of the Board.

(2) A disclosure under subclause (1) is to be recorded in the minutes and the member must not, unless the Board exclusive of that member determines otherwise –

(a) be present during any deliberations of the Board in relation to that matter; or

(b) take part in any decision of the Board in relation to that matter.

6.   Meetings to be open to public

(1) In this clause,

meeting does not include a meeting convened for the purposes of section 46 .

(2) Except as provided in subclause (3) , a meeting of the Board is to be open to the public.

(3) The Board may do either or both of the following at a meeting if it considers that there are compelling grounds to do so:

(a) make an order excluding any person who is not a member from the meeting;

(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in respect of the meeting.

(4) Without limiting the range of grounds that may be relevant for the purposes of subclause (3) , the Board may exercise its power under that subclause if –

(a) it is dealing with privileged information or information that has been communicated to the Board in confidence; or

(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered physiotherapist; or

(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered physiotherapist or any other person.

7.   General procedures

(1) Subject to this Schedule, the procedure for calling meetings of the Board and for the conduct of business at meetings of the Board is as determined by the Board.

(2) The Board may permit members to participate in a particular meeting by a telephone or other means of communication.

(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.

(4) The Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.

8.   Report to Minister

The Board, if requested to do so by the Minister, must furnish the Minister with any information the Minister may require in relation to the proceedings of the Board.

SCHEDULE 3 - Powers and procedures of committees of inquiry and disciplinary committees

Sections 23(4) and 44(6)

1.   Interpretation

In this Schedule –

committee means a committee of inquiry or disciplinary committee;

proceedings includes inquiries and investigations.

2.   Powers

A committee may –

(a) summon any person to appear before it to give evidence and produce any document specified in the summons; and

(b) require any person appearing before it to produce any document; and

(c) require any person appearing before it to give evidence on oath or affirmation; and

(d) require any person appearing before it to answer questions; and

(e) proceed with and determine any proceedings notwithstanding the absence of a person who has been summoned to appear; and

(f) adjourn the hearing of any proceedings from time to time and from place to place.

3.   Procedure

A committee –

(a) must conduct its proceedings with as little formality and with as much expedition as a proper consideration of the matter before it permits; and

(b) is not bound by the rules of evidence; and

(c) may inform itself on any matter in any way it considers appropriate; and

(d) must observe the rules of natural justice.

4.   Medical examinations

(1) In this clause,

medical examination includes an examination of the physical, psychological and mental capacities of a person.

(2) A committee, by notice, may require an applicant or defendant to have a medical examination at the Board's expense.

(3) Notwithstanding subclause (2) , a disciplinary committee must not require a defendant to have a medical examination unless, having regard to the matter being investigated, it is reasonable to require that examination.

(4) A notice under subclause (2) is to specify –

(a) the name of the medical practitioner who is to carry out the medical examination; and

(b) the date, time and place of the medical examination.

(5) The time and place specified for a medical examination must be reasonable.

(6) The medical practitioner who carries out the medical examination must provide the committee and the person examined with a written report of the results of that examination.

5.   Proceedings to be open to public

(1) Except as provided in subclause (2) , the proceedings of a committee are to be open to the public.

(2) A committee hearing any proceedings may, on the application of a party to the proceedings or on its own motion, do either or both of the following if it considers that there are compelling grounds to do so:

(a) make an order excluding any person from the hearing;

(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings or prohibiting the reporting or other disclosure of particular information in respect of the proceedings.

(3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2) , a committee may exercise its power under that subclause if –

(a) it is dealing with privileged information or information that has been communicated to the Board or the committee in confidence; or

(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered physiotherapist; or

(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered physiotherapist or any other person.

6.   Representation, &c.

(1) An applicant is entitled to attend an inquiry and to be represented by a legal practitioner or any other person.

(2) A defendant is entitled to attend an investigation and to be represented by a legal practitioner or any other person.

(3) In an investigation, the Board is entitled to be represented by a legal practitioner or any other person.

(4) The Board, at its own expense, may appoint a legal practitioner to assist a committee in conducting any proceedings.

(5) The Secretary may –

(a) become a party to any proceedings; and

(b) be represented in the proceedings by an employee of the Department.

SCHEDULE 4 - Interim Fees

Section 76

SCHEDULE 5 - Savings and transitional provisions

Section 77

1.   Interpretation

In this Schedule, unless the contrary intention appears –

commencement day means the day proclaimed under section 2 ;

former Board means the Physiotherapists' Registration Board constituted under the repealed Act;

repealed Act means the Physiotherapists' Registration Act 1951 ;

transitional period means the 6 month period immediately following the commencement day.

2.   Continuation of register

The Register of Physiotherapists kept under section 12 of the repealed Act is, on and after the commencement day, taken to be part of the register for the purposes of this Act.

3.   Continuation of registration and entitlements

(1) A person who, immediately before the commencement day, was registered under section 10 of the repealed Act is, on and after the commencement day, taken to be a registered physiotherapist under and subject to this Act on the same conditions, if any, as applied to the former registration.

(2) Subclause (1) applies to a registration even if it is suspended, but that subclause is not to be taken as revoking or reducing any period of suspension to which the former registration was subject immediately before the commencement day.

(3) A person who, immediately before the commencement day, was entitled to practise physiotherapy under the repealed Act is, on and after that day, taken to be entitled to practise physiotherapy under and subject to this Act.

(4) A person who, immediately before the commencement day, was registered provisionally under section 10A of the repealed Act is –

(a) taken to have made a valid application to be registered as a physiotherapist under this Act; and

(b) taken to have been granted unconditional interim registration as a physiotherapist under and subject to this Act.

(5) In a case to which subclause (4) applies, the Board is to make a determination before the end of the transitional period whether or not to register the person holding the provisional registration.

(6) If the Board refuses to register the person holding the provisional registration, that person has the same right of appeal under section 55 as a person who applies to be registered after the commencement day and is refused registration, and the Supreme Court has corresponding powers.

4.   Unprocessed applications for registration

An application for registration made under the repealed Act and not determined by the former Board immediately before the commencement day is to be determined by the Board as if it were a valid application made under this Act.

5.   Complaints arising before commencement day

(1) A person may make a complaint under this Act in respect of a registered physiotherapist even if the conduct which is the subject of the complaint occurred or allegedly occurred before the commencement day, and that complaint may be dealt with and have the same consequences under this Act in all respects as if that complaint were a complaint made on or after the commencement day in respect of conduct that occurred or allegedly occurred on or after the commencement day.

(2) The power of the Board under section 44(2) of this Act is exercisable in respect of a matter that occurred or allegedly occurred before the commencement day and any such matter may be dealt with and have consequences under this Act in all respects the same as if it were a matter that occurred or allegedly occurred on or after the commencement day.

6.   Continuation of inquiries and proceedings begun under repealed Act

(1) Where an inquiry begun under Part IV of the repealed Act had not been concluded before the commencement day, the Board may determine that the inquiry is to be –

(a) terminated; or

(b) terminated and reinstituted under this Act; or

(c) continued and concluded as if the Board were the former Board and this Act had not been enacted.

(2) In exercising its discretion under subclause (1) the Board may have regard to such matters as it considers appropriate but it must have particular regard to –

(a) how far the inquiry had progressed by the commencement day; and

(b) fairness to the person who is the subject of the inquiry; and

(c) if applicable, fairness to the person who made the complaint to which the inquiry relates; and

(d) cost and inconvenience to the Board, to the persons referred to in paragraphs (b) and (c) or to any other affected persons; and

(e) any submissions made to the Board, or the former Board, in relation to the inquiry; and

(f) the seriousness of the conduct or matter to which the inquiry relates.

(3) In a case to which subclause (1)(c) applies, a determination to suspend or cancel the registration of a person does not take effect –

(a) until the expiration of the period of 14 days after notice of the determination of the Board has been served on that person; or

(b) where the person lodges an appeal under section 15 of the repealed Act before the expiration of the period referred to in paragraph (a) – until the appeal is dealt with or withdrawn.

(4) Where the whole or a part of a fine imposed on a company under section 14A of the repealed Act remained unpaid before the commencement day, that fine, or the unpaid portion of that fine, may be recovered as a debt due to the Board.

7.   Validation

All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the former Board before the commencement day have, on and after that day, the same force and effect as if they had been done by, or suffered in relation to, the Board.

8.   Board members

(1) The appointments of the persons who, immediately before the commencement day, were members of the former Board are terminated, but those persons are, if qualified, eligible to be appointed as members of the Board under this Act.

(2) Service as a member of the former Board is not to be taken into account for the purposes of clause 1(2) of Schedule 1 .

9.   Interim qualifications of applicants

Until a national physiotherapists body or forum is prescribed for the purposes of section 19 of this Act, a person may apply to be registered as a physiotherapist if the person –

(a) holds the Degree of Bachelor of Applied Science (Physiotherapy) from the University of Sydney or University of South Australia; or

(b) holds the Degree of Bachelor of Science (Physiotherapy) from the Curtin University of Technology; or

(c) holds the Degree of Bachelor of Physiotherapy from the University of Queensland, the University of Melbourne or La Trobe University; or

(d) holds a qualification that the Board considers to be at least substantially equivalent to a qualification specified in paragraph (a) , (b) or (c) ; or

(e) was, at any time in the 5 year period immediately preceding the commencement day, registered as a physiotherapist under the repealed Act.

SCHEDULE 6 - Consequential Amendments

(a) Anatomy Act 1964 ;

(b) Chiropractors and Osteopaths Registration Act 1997 ;

(c) Health Complaints Act 1995 ;

(d) Health Professionals (Special Events Exemption) Act 1998 ;

(e) Industrial Relations Act 1984 ;

(f) Jury Act 1899 ;

(g) Physiotherapists Registration Act 1999 ;

(h) Physiotherapists' Registration Act 1951 ;

(i) Podiatrists Registration Act 1995 ;

(j) Public Health Act 1997 ;

(k) Workers Rehabilitation and Compensation Act 1988 .