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Podiatrists Registration Act 1995
An Act to provide for the registration of podiatrists (also known as chiropodists), the regulation of the practice of podiatry (also known as chiropody), the repeal of the Podiatrists Registration Act 1974 and for related purposes
[Royal Assent 14 November 1995]
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
This Act may be cited as the Podiatrists Registration Act 1995 .
This Act commences on a day to be proclaimed.
(1) 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 podiatrist;approved means approved by the Board;Australian Podiatry Council means the body of that name incorporated in the Australian Capital Territory;Board means the Podiatrists Registration Board of Tasmania;business address means the address of the premises at or from which a person practises podiatry;certificate of registration means a certificate issued by the Board under section 28 or 36 ;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 41 ;contravene includes fail to comply;defendant means a registered podiatrist 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 30 June in any year;foreign podiatric law means a law of a jurisdiction outside this State relating to the registration, licensing or enrolment of podiatrists;functions includes duties;inquiry means an inquiry under Division 2 of Part 3 ;inspection means an inspection under section 54 ;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 ;legal practitioner means a person who is a legal practitioner within the meaning of the Legal Profession Act 1993 ;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 is registered as a physiotherapist under the Physiotherapists Registration Act 1999 ;podiatrists 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;podiatrist means a person who practises podiatry;podiatry means the diagnosis and treatment by medical, surgical, electrical, mechanical or manual methods of ailments or disorders of the foot or foot related structures and appropriate preventative treatment and education;professional indemnification agreement means an agreement entered into between a podiatrist and an insurer providing for the indemnification of the podiatrist in respect of civil liability that he or she may incur in practising podiatry;register means the Register of Podiatrists kept by the Board under section 30 ;registered means registered under this Act;registered podiatrist means a person who is registered as a podiatrist;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.(2) If the Australian Podiatry Council changes its name the Governor, by order, may amend this Act by substituting that body's new name.(3) If the Australian Podiatry Council ceases to exist the Governor, by order, may amend this Act by substituting the name of a body that the Governor is satisfied has a function similar to that of the defunct body.
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 - Podiatrists Registration Board
Division 1 - The Board
(1) The body corporate established under section 3 of the Podiatrists Registration Act 1974 continues under the name "Podiatrists Registration Board of Tasmania".(2) The Board–(a) may acquire, hold, dispose of and otherwise deal with property; and(b) may sue and be sued in its corporate name; and(c) has perpetual succession.
(1) The Board consists of –(a) 3 registered podiatrists nominated by the Minister from a list of names submitted by such bodies representing the professional interests of podiatrists as the Minister determines; and(b) 2 persons, who are not podiatrists, nominated by the Minister.(2) The members are appointed by the Governor.(3) The Governor may appoint a member aschairperson.(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
The Board has the following functions:(a) to administer the scheme of registration under Part 3 ;(b) to supervise the practice of podiatry in this State;(c) to investigate complaints and, as necessary, undertake disciplinary action against registered podiatrists;(d) to prosecute offences against this Act;(e) to monitor the standard and provision of podiatric services in this State;(f) to monitor standards of education and training in podiatry;(g) to advise the Minister on matters relating to this Act;(h) such other functions as are imposed on the Board by this or any other Act or as may be prescribed.
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 podiatrists registration authorities, the Australian Podiatry Council and other relevant bodies; and(b) publish and distribute information about this Act to podiatrists and other interested persons; and(c) provide or arrange for the provision of continuing professional education for podiatrists; and(d) support other forms of education and training in relation to podiatry; and(e) be a member of any national or other body, program or forum concerned with podiatrists or podiatry; and(f) participate in the establishment of such a body, program or forum; and(g) hold or arrange examinations; and(h) do anything incidental to any of its powers.
The Board must perform its functions and exercise its powers so as to –(a) ensure that podiatric services provided to the public are of the highest possible standard; and(b) ensure that persons practise podiatry according to the highest professional standard; and(c) guard against unsafe, incompetent and unethical podiatric practices.
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
(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 a State Service officer or State Service employee is not entitled to remuneration under subsection (4) except with the approval of the Minister administering the State Service Act 2000 .(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.
(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 State Service Act 2000 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 a State Service Agency for the services of State Service officers and State Service employees 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.
(1) 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.(2) A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint.
Division 4 - Finance and reports
(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.
(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.
The Board must keep proper accounts and records of its financial affairs and, not later than 15 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.
(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 36(3) of the State Service Act 2000 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 31 October 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?
A person may apply to the Board to be registered as a podiatrist if he or she has –(a) a prescribed qualification in podiatry; or(b) a qualification in podiatry that the Board considers to be at least substantially equivalent to a prescribed qualification; or(c) experience or training in the practice of podiatry that the Board considers to be at least substantially equivalent to a prescribed qualification.
(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 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 all or part of the fees.
Division 2 - Determination of entitlement
21. Entitlement to registration
(1) An applicant is entitled to be registered as a podiatrist 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 podiatry; 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.
(1) The Registrar may grant an applicant interim registration if the Registrar reasonably considers that the applicant is entitled to be registered as a podiatrist 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 podiatrist 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) 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.(9) . . . . . . . .
(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 podiatrists.(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.(4A) If the Board decides to conduct an inquiry itself, it has, for that purpose, the same powers as a committee of inquiry.(5) In a case to which this section applies, the Registrar must give notice to the applicant and the Secretary 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) given 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 podiatrist 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 notice to the applicant of –(a) the applicant's registration; and(b) if applicable, the conditions that the registration is subject to and the applicant's rights of appeal and review 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 notice to the applicant of the refusal to register the applicant, 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 podiatrist if –(a) the applicant's authority to practise podiatry under a foreign podiatric 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 podiatry; 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 to make it less onerous.(5) As soon as practicable after it has reviewed a condition of registration under this section, the Board must give the registered 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, for the period or until the date specified in the certificate –(a) the person named in the certificate is a registered podiatrist; and(b) the person named in the certificate is entitled to practise podiatry in this State 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, bynotice, may require a registered podiatrist to surrender his or her certificate of registration to enable the Board to issue that podiatrist with a new certificate of registration with amended particulars.(6) A registered podiatrist who is given a notice under subsection (5) must surrender his or her certificate of registration to the Board within 14 days after receiving 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 Podiatrists
(1) The Board must keep a register called the Register of Podiatrists.(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 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) subject to section 32 (2) and (3) – additional qualifications gained by a registered person;(g) any change in the name of a registered person;(h) 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 podiatrist, or a podiatrist whose registration is suspended, must, within 14 days of changing his or her name, business address or contact address, give the Board notice of the change and the new name or address.Penalty: Fine not exceeding 15 penalty units.
(1) A registered podiatrist 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 the application.(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. Additional particulars and qualifications
(1) A registered podiatrist may apply to the Board for additional particulars or qualifications that are related to the practice of podiatry to be recorded in the register.(2) An application under subsection (1) is to –(a) be accompanied by the prescribed fee; and(b) state the additional particulars or qualifications and the reasons for seeking their inclusion in the register; and(c) in the case of additional qualifications – be accompanied by evidence of the qualifications.(3) The Board may require an applicant under this section to provide such further information or evidence as it considers necessary in order to consider the application.(4) On receipt of an application under subsection (1) , the Board may –(a) record the additional particulars or qualifications in the register; or(b) refuse to record the additional particulars or qualifications in the register.(5) In a case to which subsection (4) (b) applies, the Board must give notice to the applicant of –(a) its refusal to record the additional particulars or qualifications in the register and the reasons for the refusal; and(b) the applicant's right of appeal.
(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 all or part of the fee.
34. 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 condition imposed on the registration and any modification of that condition; 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 all or part of the fee.
35. Protection of private information
Notwithstanding sections 33 and 34 –(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 the person's permission.
(1) In this section –due date means –(a) 31 December; or(b) if another date is prescribed – that date;registered podiatrist includes a person whose registration is suspended.(2) A registered podiatrist 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 podiatrist who pays the prescribed annual registration fee after but within 30 days of the due date is liable to pay the prescribed late fee.(4) The Board may waive all or part of the 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 podiatrist 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 podiatrist –(a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) ; 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 podiatry in the 5 year period preceding the due date unless it is satisfied that the person –(a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) ; and(b) would, if applying to be registered for the first time, be eligible to apply for that registration.(8) The name of a registered podiatrist 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.(9) The name of a registered podiatrist who is refused the issue of a new certificate of registration pursuant to subsection (6) or (7) is to be removed from the register.(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 partly waived is taken to have paid that fee.
(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 36(8) ; or(iva) who ceases to be registered by virtue of section 36(9) ; or(v) who is no longer entitled to be registered; or(vi) whose authority to practise podiatry under a foreign podiatric law has been cancelled for a reason relating to the person's professional conduct or physical or mental capacity; or(vii) 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 (1) (b) (v) , (vi) or (vii) 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, except in a case to which subsection (1)(b)(iii) applies, 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 affected person of his or her right of appeal.(5) A person ceases to be a registered podiatrist when the giving of the notice has been effected.(6) If the Board removes a person's name fromthe 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.
38. 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.
39. 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 under section 37 (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 under section 37 (1) (b) (iv) .(2) The Board may waive all or part of the fees.(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) ; 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, give the person notice of –(a) the refusal and the reasons for the refusal; and(b) the person's right of appeal.(5) If the Board restores a person's name to the register it must, on request, issue the person with a new practising certificate.
(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 podiatrist 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 totally or partially 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
(1) A person who is aggrieved by the conduct of a registered podiatrist 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 podiatrist and, for that purpose, a reference in this Act to a registered podiatrist 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.
42. 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 podiatrist –(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 podiatrist was registered; or(c) lacks sufficient physical capacity, mental skill or skill to practise podiatry; 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 podiatrist is guilty of such misconduct if the podiatrist –(a) contravenes section 29 , 54 (4) or Part 6 , or a provision of the regulations that is prescribed as a disciplinary regulation; or(b) contravenes a foreign podiatric law; or(c) contravenes a condition subject to which the podiatrist is registered; or(d) fails to pay, within the time specified for payment, a fine imposed on the podiatrist under section 48 (1) (c) ; or(e) fails to comply with a requirement made of the podiatrist 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 podiatry; or(h) behaves in a fraudulent or dishonest manner in the practice of podiatry.
(1) A complaint is to –(a) be made in writing; and(b) contain particulars of the matter complained of; and(c) identify the registered podiatrist against whom the complaint is being made or, if that is not possible, set out such information relating to the identity of that registered podiatrist as is known to the complainant; and(d) identify the person making the complaint; 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
43A. Division is subject to Health Complaints Act
This Division has effect subject to Part 7 of the Health Complaints Act 1995 .
(1) Subject to 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 sections 41 (2) and (3) apply to such an investigation as if it were a complaint.(3) On commencing an investigation into a complaint, or at any subsequent time during the investigation, the Board may give notice of the complaint and such other matters as the Board considers appropriate to the registered podiatrist who is the subject of the complaint.(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 podiatrist.(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) . . . . . . . .(8) . . . . . . . .
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 podiatrist; or(b) a matter that the Board considers could be grounds for a complaint against a podiatrist.(2) If the Board considers that a matter may not be sufficiently serious to warrant an investigation it may, by notice, require the podiatrist concerned to –(a) appear before it to give an explanation of the matter; or(b) provide it with a written explanation.(3) If the matter relates to the physical or mental capacity of the podiatrist, the Board may further require the podiatrist to have a medical examination on the same terms as a medical examination required by a disciplinary committee.(3A) In determining whether to require a personal appearance or a written explanation, the Board may have regard to the complexity of the matter, travelling hardship and such other factors as it considers appropriate.(4) A notice under subsection (2)(a) is to –(a) set out particulars of the matter; and(b) specify the date, time and place at which the podiatrist is required to appear; and(c) inform the podiatrist that, before that date, he or she may request in writing that the matter be referred directly to a disciplinary committee; and(d) inform the podiatrist of the other circumstances in which the matter may be referred to a disciplinary committee; and(e) state that the appearance before the Board is not open to the public; and(f) state that the podiatrist is entitled to make submissions when appearing before the Board but is not entitled to be represented.(4A) A notice under subsection (2)(b) is to –(a) set out particulars of the matter; and(b) specify a date by which the podiatrist is required to provide the Board with the written explanation; and(c) inform the podiatrist that, before that date, he or she may request in writing that the matter be referred directly to a disciplinary committee; and(d) inform the podiatrist of the other circumstances in which the matter may be referred to a disciplinary committee.(5) A notice may contain such other information as the Board considers necessary or expedient.(6) The date specified under subsection (4)(b) or subsection (4A)(b) is to be not less than 14 days after the date of giving the notice.(7) The Board must not take any further action in respect of a matter if, after considering the explanation of the podiatrist concerned, it is not satisfied that the matter has been substantiated.(8) If, after considering an explanation given to it under this section, the Board is satisfied that a 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 podiatrist concerned;(b) accept an undertaking from the podiatrist concerned to take or refrain from taking specified action.(9) The Board must refer a matter to a disciplinary committee if–(a) the podiatrist concerned fails to appear before the Board as required by a notice served under subsection (2)(a) or, before the date of appearance specified in the notice, requests in writing that the matter be so referred; or(ab) the podiatrist 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(b) in the course of giving an explanation of the matter the podiatrist concerned requests, orally or in writing, that the matter be so referred; or(c) after or in the course of hearing an explanation of the matter the Board determines that the matter is sufficiently serious to warrant an investigation; or(d) in a case to which subsection (8) applies, the podiatrist concerned does one or more of the following:(i) disputes that the matter has been substantiated;(ii) refuses to accept the caution or reprimand;(iii) refuses to give, or retracts, the required undertaking.(10) 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, a disciplinary committee or other person or body that conducted the investigation must provide the Board with 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 the 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, wholly 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 podiatry;(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) Inthe case of an investigation relating to a matter referred to in section 42 (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.(3A) If the Board imposes a condition on the defendant 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.(4) For the purposes of subsection (1) (e) but without limiting the generality of that subsection, the Board may require the defendant to do any one or more of the following:(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.(5) 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) . . . . . . . .
(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 made by the Board under section 49(1) .(2) . . . . . . . .(3) 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.(4) The period referred to in subsection (3) (a) is taken to have commenced when notice of the Board's decision is given to the defendant.(4A) If a decision of the Board under section 48(1)(b) takes effect, the defendant ceases –(a) in the case of a total suspension of registration, to be registered until the period of suspension expires; or(b) in the case of a partial suspension of registration, to be entitled to practise in the areas of practice to which the partial suspension applies 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 Podiatry Council and to such podiatrists registration authorities as it considers appropriate to notify;(b) give notice of its decision to the Australian Podiatry Association (Tasmania) and to any other professional association of podiatrists it considers appropriate to notify;(c) cause notice of its decision to be published in the Gazette, in any newspaper and in any professional publication related to the practice of podiatry;(d) cause notice of its decision to be published in any other way it considers appropriate.(e) . . . . . . . .
Division 4 - Suspension
51. Suspension of registration
(1) The Board may suspend the registration of a podiatrist for such period not exceeding 12 months as the Board in the circumstances considers necessary or appropriate if –(a) the podiatrist contravenes a condition subject to which the podiatrist is registered; or(b) the podiatrist's authority to practise podiatry under a foreign podiatric law has been suspended for a reason relating to the podiatrist's professional conduct or physical or mental capacity; or(c) the podiatrist fails to pay, within the time specified for payment, a fine imposed under section 48 (1) (c) ; or(d) the podiatrist fails to comply with a requirement made of that podiatrist under section 48 (1) (e) ; or(e) the podiatrist 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 podiatrist or investigating on its own motion a matter that could be the subject of a complaint against that podiatrist; or(g) the Board reasonably considers that it is in the public interest to suspend the registration.(1A) The suspension may be –(a) a total suspension of registration; or(b) a partial suspension of registration, being suspension that applies only in respect of certain areas of practice specified by the Board.(2) The power of the Board to suspend a podiatrist's registration under this section is in addition to the power of the Board to suspend that podiatrist's registration under section 48 (1) (b) .(3) If the Board decides to suspend a podiatrist's registration under this sectionit may afford that podiatrist an opportunity to be heard but it is not required to do so.(4) If the Board decides to suspend a podiatrist'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 podiatrist notice of –(a) the suspension and the reasons for the suspension; and(ab) in the case of a partial suspension, the areas of practice to which the suspension applies; and(b) the podiatrist's right of appeal.(5) When the giving of the notice is effected in the case of a total suspension of registration, the person is taken not to be registered until the period of suspension specified in the notice expires or the suspension is revoked by the Board.(5A) When the giving of the notice is effected in the case of a partial suspension of registration, the person's entitlement to practise podiatry in the areas of practice specified under subsection (1A)(b) is suspended until the period of suspension specified in the notice expires or the Board's decision is quashed by the Supreme Court or the suspension is revoked by the Board.(6) A podiatrist whose registration has been 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 receiving 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.(7) If the Board suspends a podiatrist'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 decision as it has under section 50(5) in relation to a decision to which that section applies.
If the Board suspends a podiatrist'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 podiatrist made in any proceedings in a court or other tribunal to which that podiatrist is a party, whether in this State or elsewhere, is evidence of that fact in proceedings under this Part.
(1) If the Board reasonably suspects that –it may, in writing, authorise a person to act as an inspector to investigate the matter.(a) an unregistered person may be practising podiatry; or(b) there may be grounds for a complaint against a registered podiatrist; 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 podiatrist may lack the physical capacity, mental capacity or skill to practise podiatry –(2) On production of the authorisation, the inspector may at any reasonable time enter the business premises of a registered podiatrist or premises from which a person is apparently practising or purporting to practise podiatry 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 podiatric 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 podiatrist needs access to a document that has been removed from the podiatrist's business premises to the custody and control of the Board under subsection (2) (k) , the Board in its discretion may –(a) grant the podiatrist reasonable access to the document or to a copy of the document; or(b) provide the podiatrist with a copy or certified copy of the document; or(c) retain a copy of the document and return the original to the podiatrist.(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 inspection.Penalty: Fine not exceeding 25 penalty units.
PART 5 - Appeals
(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 37(1)(b)(ii) , (iii) or (iv) ; or(d) refuse to restore the person's name to the register under section 39 ; or(e) suspend the person's registration under section 51 ; or(f) refuse to record in the register additional particulars or qualifications in respect of that person; or(g) refuse to issue that person with a new certificate of registration under section 36 (6) or (7) ; or(h) take an action under section 48 in respect of that person.(2) An appeal is to be instituted within 30 days after notice of the Board's decision is given to the person.
(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. Offence to practise podiatry if unregistered
(1) A person who is not a registered podiatrist must not practise podiatry.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) Subsection (1) does not apply to a medical practitioner, nurse or physiotherapist acting in the normal course of their profession.
(1) A person who is not a registered podiatrist must not hold himself or herself out, or allow himself or herself to be held out, as being –(a) a registered podiatrist; or(b) authorised in any way to practise podiatry.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)(b) does not apply to a medical practitioner, nurse or physiotherapist.
59. Unauthorised use of certain titles
A person who is not a registered podiatrist must not practise a profession or trade under any one or more of the following titles:(a) podiatrist, registered podiatrist, certified podiatrist, licensed podiatrist or qualified podiatrist;(b) chiropodist, registered chiropodist, certified chiropodist, licensed chiropodist or qualified chiropodist;(c) 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 podiatric services by bodies corporate
A body corporate must not cause or allow a podiatric service to be provided in its name or on its behalf unless the person providing the service is a registered podiatrist.. . . . . . . .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
62. Unauthorised use of scheduled substances
(1) In this section scheduled substance means a scheduled substance within the meaning of the Poisons Act 1971 .(2) A registered podiatrist must not use a scheduled substance in the practice of podiatry except as authorised under the Poisons Act 1971 .Penalty: Fine not exceeding 50 penalty units.
63. Failure to notify Board of civil claims
(1) A registered podiatrist must give the Board notice within 14 days after any proceedings claiming damages or other compensation for alleged negligence in the practice of podiatry are commenced against that registered podiatrist.Penalty: Fine not exceeding 15 penalty units.(2) A registered podiatrist must give the Board notice within 14 days after –(a) any proceedings claiming damages or other compensation for alleged negligence by the podiatrist in the practice of podiatry 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.
(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 an application, inquiry, inspection or investigation.Penalty: Fine not exceeding 25 penalty units.(2) A person must not forge or fraudulently alter a certificate of registration or an interim certificate of registration.Penalty: Fine not exceeding 25 penalty units.(3) A person must not, with intent to obtain, retain or claim registration under this Act –(a) forge or fraudulently alter a University Degree or other evidence of a qualification; or(b) utter a University Degree, or other evidence of a qualification, knowing it to be forged or fraudulently altered.Penalty: Fine not exceeding 25 penalty units.
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.
66. 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 contents of the document are not admissible in evidence in any other proceedings in respect of the person, other than proceedings in respect of an offence under section 64 or in respect of an appeal under Part 5 .
67. 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.(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.
PART 7 - Miscellaneous
Division 1 - Obligations to provide information
68. Medical practitioners' notices relating to fitness to practise
A registered 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 podiatrist must, as soon as practicable after signing the order or recommendation, give notice to the Board of that fact.Penalty: Fine not exceeding 5 penalty units.
69. Information about bodies corporate
(1) In this section –corporate provider means a body corporate that provides podiatric services or causes or allows such services to be provided in its name or on its behalf;reasonable period means a period, of not less than 21 days, determined by the Board;relevant information means information that the Board reasonably considers it necessary or expedient to have for the purposes of exercising its powers or performing its functions.(2) The Board, by notice, may require a corporate provider to give it any one or more of the following:(a) any relevant information about the corporate provider's membership, shareholdings, officers or employees;(b) any other relevant information about the corporate provider's structure, management or operations;(c) a copy of its memorandum or articles of association.(3) A corporate provider must comply with a notice under subsection (2) within such reasonable period as is specified in the notice.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.(4) The Board, by notice, may require a registered podiatrist to give it any relevant information about his or her involvement with a corporate provider.(5) A registered podiatrist must comply with a notice under subsection (4) within such reasonable period as is specified in the notice.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
(1) A document may be given to the Board or a committee by –(a) leaving it at, or sending it by post to, the Board's address; or(b) sending it by way of facsimile transmission to the Board's facsimile number; or(c) sending it by way of electronic mail to the Board's electronic mail address.(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) sending it by way of facsimile transmission to the person's facsimile number; or(iii) sending it by way of electronic mail to the person's electronic mail address; or(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; or(iii) sending it by way of electronic mail to the person's electronic mail address.(3) A document that is posted to a person is taken not to have been given to that person until the time when it would have been delivered in the ordinary course of post.
(1) The Board may have a common seal and, if so, it 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.
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.
73. 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.(4) Any costs or expenses ordered to be paid under section 49(1) may be recovered as a debt due to the Board.
75. 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 under this Act.
76. Offences by bodies corporate
. . . . . . . .(1) If a body corporate commits an offence against this Act, each person concerned in the management of that body corporate is taken also to have committed the offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without that person's knowledge or consent.(2) A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , the regulations may prescribe precautions to be taken to control the risk of infection in the practice of podiatry and other precautions to be taken for the comfort, safety and welfare of podiatric patients.(3) Regulations made under this section 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 penalty of a fine not exceeding 2·5 penalty units for each day during which the offence continues.(5) Regulations made under this section may contain provisions 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
The Podiatrists Registration Act 1974 is repealed.
The Acts specified in Schedule 4 are amended as set out in that Schedule.
81. Savings and transitional provisions
The savings and transitional provisions set out in Schedule 5 have effect.
Unless otherwise prescribed, the Fee Units Act 1997 does not apply to this Act.. . . . . . . .
SCHEDULE 1 - Provisions with respect to Membership of Board
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 officeThe 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 membersA 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 thepermission 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 podiatrist.
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 podiatrist.
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
1. Convening of meetingsA 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. MinutesThe 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 podiatrist; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered podiatrist 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 MinisterThe 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. InterpretationIn this Schedule –committee means a committee of inquiry or disciplinary committee;hearing means that part of any proceedings during which evidence is taken, oral submissions are made or findings are announced;proceedings means –(a) in the case of a committee of inquiry, an inquiry; and(b) in the case of a disciplinary committee, an investigation.
2. PowersA 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. ProcedureA 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 subsection (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 conducting a hearing 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 podiatrist; or(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered podiatrist or any other person.(4) Nothing in this clause is to be taken as preventing a committee from –(a) meeting in camera before a hearing for the purpose of preparing for that hearing; or(b) meeting in camera for the purpose of deliberating on or reaching a finding on any matter in the course of, or at the conclusion of, a hearing.
6. Representation, &c.(1) An applicant who is the subject of an inquiry is entitled to attend a hearing held in the course of the inquiry and to be represented by a legal practitioner or any other person.(2) A defendant who is the subject of an investigation is entitled to attend a hearing held in the course of the investigation and to be represented by a legal practitioner or any other person.(3) At a hearing held in the course of 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) A party to an investigation is entitled to tender evidence to the committee conducting the investigation and to examine any person who tenders evidence in the investigation.(6) 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 - Consequential AmendmentsThe amendments effected by this Schedule have been incorporated into the authorised version of the following Acts:
(a) Industrial Relations Act 1984 ;(b) Poisons Act 1971 ;(c) Public Health Act 1962 ;(d) Workers Rehabilitation and Compensation Act 1988 .
SCHEDULE 5 - Savings and Transitional Provisions
1. InterpretationIn this Schedule, unless the contrary intention appears –commencement day means the day proclaimed under section 2 ;former Board means the Podiatrists Registration Board constituted under the repealed Act ;former Registrar means the person holding an appointment, or acting, as Registrar under the repealed Act immediately before the commencement day;repealed Act means the Podiatrists Registration Act 1974 .
2. Continuation of register and entitlements, &c.(1) The Register of Podiatrists kept under section 10 of the repealed Act is, on and after the commencement day, taken to be a part of the register for the purposes of this Act.(2) 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 podiatrist under and subject to this Act on the same conditions, if any, as applied to the former registration.(3) Subclause (2) 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.(4) A person who, immediately before the commencement day, was entitled to practise podiatry under the repealed Act is, on and after that day, taken to be entitled to practise podiatry under and subject to this Act.(5) 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.(6) Where an inquiry or investigation begun under the repealed Act had not been concluded immediately before the commencement day, the Board may determine that that inquiry or investigation is to be –(a) terminated and reinstituted under this Act; or(b) continued and concluded as if this Act had not been enacted.(7) Notwithstanding the repeal of the repealed Act by this Act, a provisional registration that was in force under section 13 of the repealed Act immediately before the commencement day remains in force until the first of the following events occurs:(a) the person so provisionally registered applies for and is granted or refused registration as a podiatrist under this Act;(b) the expiration of a period of 6 months from the day on which the provisional registration was granted under the repealed Act .
3. ValidationAll 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.
4. ProceedingsAny proceedings that, immediately before the commencement day, might have been brought or continued by or against the former Board may be brought or continued by or against the Board.
5. Assets and liabilitiesOn the commencement day, all assets and liabilities of the former Board vest in and become assets and liabilities of the Board.
6. Bank accountsA bank account kept in the name of the former Board immediately before the commencement day is, on the commencement day, taken to be a bank account of the Board kept under section 15 .
7. Board members(1) In this clause, appointed members of the former Board means the members of the former Board referred to in section 3 (2) (a) and (b) of the repealed Act .(2) The appointments of the persons who, immediately before the commencement day, were appointed 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.
8. Registrar(1) The person who, immediately before the commencement day, was the former Registrar is the first Registrar under this Act.(2) Unless the Board otherwise determines, the first Registrar continues to hold office on the same terms and conditions as those which applied to the former Registrar.
9. InspectorsThe appointment of a person who, immediately before the commencement day, was an inspector under section 7 of the repealed Act is terminated, but that person may be authorised to be an inspector under section 54 (1) of this Act.
10. QualificationsUntil qualifications are prescribed for the purposes of section 19 (a) the following qualifications are prescribed for the purposes of that section:(a) Diploma of Health Science (Podiatry), from the Sydney Institute of Technology;(b) Bachelor of Applied Science (Podiatry), from La Trobe University;(c) Bachelor of Applied Science (Podiatry), from the University of South Australia;(d) Bachelor of Science (Podiatry), from the Western Australian Institute of Technology;(e) Bachelor of Applied Science – Podiatry, from the Queensland University of Technology.
SCHEDULE 6