118 Application of Criminal Records Act
For the purposes of the application of this Act in respect of a criminal finding, the Criminal Records Act 1991 applies in respect of a criminal finding as if section 8 (2) and (4) of that Act were omitted.Note. Section 8 (2) and (4) of the Criminal Records Act 1991 make special provision for when criminal findings become “spent” under that Act. The omission of those subsections will mean that in determining when a criminal finding becomes spent for the purposes of this Act, criminal findings will be treated as ordinary convictions and the relevant crime-free period will be as provided by section 9 of that Act.
(1) A requirement of this Act that a person be given notice is a requirement that the person be given notice in writing either personally or by post.(2) For the purposes of section 76 of the Interpretation Act 1987, a notice served by post on a person for the purposes of this Act is to be treated as being properly addressed if it is addressed to the address of the person last known to the Registrar or last recorded in the Register.
120 Service of documents on Board
A document (other than a complaint made under Part 4) may be served on the Board by leaving it at or sending it by post to any office of the Board. This section does not affect the operation of any provision of a law or of the rules of a court authorising a document to be served on the Board in any other manner.
121 Written statement of decisions
(1) If the Board, the Board’s President or a member authorised by the Board makes a decision concerning a person under any provision of this Act, the person may request in writing that the Board, President or member provide the person with a written statement of the decision.(2) Any such request is to be made no later than 60 days after the decision to which it relates.(3) The Board, the President or the member is to provide a written statement of the decision within 30 days after receiving such a request.(4) A written statement of a decision must give the reasons for the decision.(5) The Board, the President or the member is not required to include confidential information in the statement of a decision. If a statement would be false or misleading if it did not include the confidential information, the Board, the President or the member is not required to provide the statement.(6) When confidential information is not included in the statement of a decision provided to a person or the statement is not provided to a person because of subsection (5), the Board, the President or the member must give a confidential information notice to the person.(7) A confidential information notice is a notice that indicates that confidential information is not included or that the statement will not be provided (as appropriate) and gives the reasons for this. The notice must be in writing and must be given within one month after the decision is made.(8) This section does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.(9) In this section:confidential information means information that:
(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and(b) relates to the personal or business affairs of a person, other than a person to whom the Board, the President or the member is required (or would, but for subsection (5), be required) to provide a written statement of a decision, and(c) is information:(i) that was supplied in confidence, or(ii) the publication of which would reveal a trade secret, or(iii) that was provided in compliance with a duty imposed by an enactment, or(iv) the provision of which by the Board, the President or the member would be in breach of any enactment.
122 Notice of disciplinary action to other Boards
(1) When the registration of a physiotherapist is suspended or cancelled or any condition is imposed on the registration of a physiotherapist:(a) the Board must without delay notify particulars of that action to the local registration authority of each neighbouring jurisdiction, and(b) the Board may notify particulars of that action to the local registration authority of any other jurisdiction.(2) When the registration of a physiotherapist is suspended or cancelled or any condition is imposed on the registration of a physiotherapist, and the Board is aware that the physiotherapist is registered under a health registration Act, the Board must without delay notify particulars of that action to the registration authority under that Act.(3) The Board is required or authorised to act under this section despite any law relating to secrecy or confidentiality.(4) This section does not affect any obligation or power to provide information under the Mutual Recognition laws.(5) In this section:local registration authority of a jurisdiction means the person or authority in the jurisdiction having the function conferred by legislation of registering persons in connection with the carrying on of physiotherapy in the jurisdiction.
neighbouring jurisdiction means each Australian State, the Australian Capital Territory, the Northern Territory and New Zealand.
registration includes the licensing, approval, admission, certification (including by way of practising certificates), or any other form of authorisation, of a person required by or under legislation for the carrying on of the practice of physiotherapy.
122A Cancelled registrations to be publicly available
(1) The Board is to make publicly available:(a) the name of each person who is subject to an order of the Tribunal or the Supreme Court that the person’s registration be cancelled or that the person not be re-registered, and(b) such other information about the person as may be prescribed by the regulations.(2) The Board is to ensure that the information required to be made publicly available under subsection (1) is provided to the Commission.(3) The Board is not required to make publicly available information about a person:(a) who is deceased, or(b) who belongs to a class of persons prescribed by the regulations for the purposes of this section.
122B Protection from liability for certain publications
(1) A publication in good faith under section 116 or 122A does not subject a protected person to any liability (including liability in defamation).(2) In this section:protected person means:
(a) the Board or Tribunal or a member of the Board or Tribunal, or(b) the proprietor, editor or publisher of a newspaper, or(c) the proprietor or broadcaster of a radio or television station or the producer of a radio or television show, or(d) an internet service provider or internet content host, or(e) a member of staff of or a person acting at the direction of any person or entity referred to in this definition, or(f) any person, or person belonging to a class of persons, prescribed by the regulations for the purposes of this section.
123 False or misleading entries and statements
A person must not:(a) make or cause to be made in the Register an entry that the person knows to be false or misleading or alter an entry in the Register with intent to render the entry false or misleading, or(b) for the purposes of obtaining registration as a physiotherapist either for that person or for anyone else, make a statement, whether orally or in writing, that the person knows to be false or misleading.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
124 Evidentiary certificates and evidence of entry in Register
(1) A certificate purporting to have been signed by the Registrar to the effect that:(a) a person specified in the certificate was or was not a registered physiotherapist at a time or during a period so specified, or(b) the name of a person specified in the certificate was removed from the Register at a time so specified, or(c) the registration of a person specified in the certificate was suspended from a time so specified and for a period so specified, or(d) a condition, particulars of which are set out in the certificate, was, at a time or during a period so specified:is, without proof of the signature of the person by whom the certificate purports to have been signed, admissible in any proceedings and is prima facie evidence of the matter certified in it.(i) imposed on the registration of a person so specified, or(ii) revoked or not in force,(2) An entry in the Register is admissible in any proceedings and is prima facie evidence of the matter stated in it.(3) A document purporting to be a copy of an entry in the Register, purportedly signed by the Registrar, is admissible in any proceedings and is prima facie evidence of the matter stated in it.
125 Authentication of certain documents
Every certificate, summons, process, demand, order, notice, statement, direction or other document requiring authentication by the Board may be sufficiently authenticated without the seal of the Board if signed by:(a) the President or the Registrar, or(b) any officer of the Board authorised to do so by the Registrar.
(1) The Registrar is required to transmit to the Health Administration Corporation for payment into an account established under section 13A of the Health Administration Act 1982 all money received by the Board (whether for fees or otherwise), not being money that is required to be dealt with in some other manner.(2) The Board may at any time waive payment of part or all of a fee payable under this Act, whether in a particular case or in a class of cases.(3) The power to waive payment of fees extends to any fee payable in relation to registration as a physiotherapist under the Mutual Recognition laws.
127 Physiotherapy Education and Research Account
(1) The Board is to establish a Physiotherapy Education and Research Account.(2) Such amounts as are determined by the Minister from time to time are to be paid into the Account by the Board from fees payable under this Act or the regulations.(3) Money in the Account may be expended by the Board for any one or more of the following:(a) physiotherapy education,(b) education or research for any public purpose connected with the practice of physiotherapy,(c) the publication and distribution of information concerning this Act and the regulations,(d) meeting administrative expenditure incurred with respect to the Account and the purposes for which it is used,or any related purpose.(4) An expenditure of money under this section is not to be made unless it is authorised by a resolution supported by at least 7 members of the Board.
128 Appointment and powers of inspectors
(1) The Director-General may appoint any person as an inspector for the purposes of this Act. The Director-General is to provide an inspector with a certificate of authority.(2) An inspector may exercise the powers conferred by this section for the purpose of:(a) ascertaining whether the provisions of this Act or the regulations are being complied with or have been contravened, or(b) ascertaining whether section 10AC (Spinal manipulation not to be practised by unregistered person) or section 10AD (Prescribed electrophysical treatment not to be provided by unregistered person) of the Public Health Act 1991 has been contravened, or(c) investigating a complaint made or intended to be made under Part 4.(3) An inspector may, with the approval of the Board given on the particular occasion, enter and inspect at any reasonable time any premises that the inspector believes on reasonable grounds are being used for the carrying on of the practice of physiotherapy.(4) While on premises entered under this section or under the authority of a search warrant under section 129, an inspector may do any one or more of the following:(a) require any person on those premises to produce any records in the possession or under the control of that person relating to the carrying on of the practice of physiotherapy or a contravention of a provision of this Act or the regulations or of section 10AC or 10AD of the Public Health Act 1991,(b) inspect, take copies of, or extracts or notes from, any such records and, if the inspector considers it necessary to do so for the purpose of obtaining evidence, seize any such records,(c) examine and inspect any apparatus or equipment used or apparently used in the course of the practice of physiotherapy,(d) take such photographs, films and audio, video and other recordings as the inspector considers necessary,(e) require any person on those premises to answer questions or otherwise furnish information in relation to the carrying on of the practice of physiotherapy or a contravention of a provision of this Act or the regulations or of section 10AC or 10AD of the Public Health Act 1991,(f) require the owner or occupier of those premises to provide the inspector with such assistance and facilities as is or are reasonably necessary to enable the inspector to exercise the functions of an inspector under this section.(5) An inspector is not entitled to enter a part of premises used for residential purposes, except:(a) with the consent of the occupier of the part, or(b) under the authority of a search warrant.(6) An inspector must, when exercising on any premises any function of the inspector under this section, produce the inspector’s certificate of authority to any person apparently in charge of the premises who requests its production.(7) A person must not:(a) without reasonable excuse, refuse or fail to comply with any requirement made or to answer any question asked by an inspector under the authority of this section, or(b) wilfully delay, hinder or obstruct an inspector in the exercise of the inspector’s powers under this section, or(c) furnish an inspector with information knowing it to be false or misleading in a material particular.Maximum penalty: 5 penalty units.
(8) If an inspector seizes any records under this section, they may be retained by the inspector until the completion of any proceedings (including proceedings on appeal) in which they may be evidence but only if the person from whom the records were seized is provided, within a reasonable time after the seizure, with a copy of the records certified by an inspector as a true copy.(9) A copy of records provided under subsection (8) is, as evidence, of equal validity to the records of which it is certified to be a copy.
(1) A person appointed under this Act as an inspector may apply to an authorised officer for the issue of a search warrant for premises if the inspector believes on reasonable grounds:(a) that a provision of this Act or the regulations, or of section 10AC or 10AD of the Public Health Act 1991, is being or has been contravened on the premises, or(b) that there is on the premises evidence of a contravention of a provision of this Act or the regulations.(2) A person appointed under this Act as an inspector must not apply for a search warrant unless the person or the Director-General has caused the President of the Board to be notified of the application.(3) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant:(a) to enter and inspect the premises, and(b) to exercise on the premises any function of an inspector under section 128.(4) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(5) In this section:authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
130 Liability of officers and members
No matter or thing done or omitted to be done by:(a) the Board or a member of the Board, or(b) the Registrar or any other officer of the Board, or(c) the Committee or a member of the Committee, or(d) an Impaired Registrants Panel or a member of an Impaired Registrants Panel, or(e) the Tribunal or a member of the Tribunal, or(f) a nominal complainant,subjects the member, or the Registrar, or officer, or nominal complainant, personally to any action, liability, claim or demand, if the matter or thing was done in the exercise, or intended exercise, of any of his or her functions or done in good faith for the purpose of executing this or any other Act.
(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
(1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.(2) Despite anything in any other Act, proceedings for an offence against this Act or the regulations may be instituted within the period of 12 months after the act or omission alleged to constitute the offence.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the regulations may make provision for or with respect to the following:(a) the proceedings of the Board,(b) any kinds of certificates of registration under this Act,(c) certificates as to satisfactory completion of the requisite period of practice under section 13, and the procedure for obtaining or issuing such certificates,(d) the manner in which any notice under this Act may be served,(e) the procedure to be followed at and any matters incidental to the holding of an inquiry or appeal by the Committee or the Tribunal, and matters relating to the custody and use of the seal of the Tribunal,(f) the procedure before an Impaired Registrants Panel,(g) the establishment by the Board of standards for the conduct and marking of examinations and the remuneration of examiners,(h) the setting of fees by the Board in relation to examinations conducted by it,(i) the forms to be used for the purposes of this Act and the regulations,(j) the fees to be paid under this Act,(k) the manner in which, and the extent to which, a registered physiotherapist or other person may advertise physiotherapy services,(l) requiring a physiotherapist to disclose specified information to a person to whom the physiotherapist provides physiotherapy services, including information disclosing any pecuniary interest of the physiotherapist in any business or service provider to whom the physiotherapist refers such a person,(m) the inspection by or on behalf of the Board of physiotherapy practices,(n) the making and keeping of records by registered physiotherapists and the obligations of physiotherapists to allow release of, access to or inspection of those records,(o) infection control standards to be followed by physiotherapists in the practice of physiotherapy.(3) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.
The Physiotherapists Registration Act 1945 and the Physiotherapists Registration Regulation 1995 are repealed.
136 Savings and transitional provisions
Schedule 7 has effect.