Note. Section 10AH of the Public Health Act 1991 prohibits the provision of certain foot care services except by registered podiatrists, medical practitioners, registered nurses and certain other registered health care professionals.
Division 1 Conduct of practice
(1) A registered podiatrist must not use the title “doctor” in the course of the practice of podiatry unless the podiatrist is the holder of a qualification conferred by a university that entitles the podiatrist to use that title and that qualification is a recognised qualification at the time the podiatrist uses the title.Maximum penalty: 10 penalty units.
(2) In this section:recognised qualification means:
(a) a qualification that is prescribed by the regulations as a recognised qualification, or(b) when no qualification is prescribed under paragraph (a), a qualification that is for the time being recognised by the Board for the purposes of this section.Note. See also section 105 (Use of misleading titles etc) of the Medical Practice Act 1992.
19 Code of professional conduct
(1) The Board may establish a code of professional conduct setting out guidelines that should be observed by registered podiatrists in their professional practice. The Board may from time to time amend or replace a code of professional conduct.(2) The Minister may require the Board to develop guidelines relating to any conduct of registered podiatrists that the Minister considers should be the subject of a code of professional conduct.(3) For that purpose, the Minister may:(a) direct the Board to establish a code of professional conduct, or(b) direct the Board to amend or replace a code of professional conduct,so that the code includes guidelines relating to that conduct.(4) The Board is to comply with any such direction of the Minister.(5) The provisions of a code of professional conduct are a relevant consideration in determining for the purposes of this Act what constitutes proper and ethical conduct by a podiatrist.(6) The procedure for the establishment of a code of professional conduct is as follows:(a) the Board is to prepare a proposed code in draft form and is to prepare an impact assessment statement for the proposed code in accordance with such requirements as the Minister may from time to time determine,(b) the draft code and impact assessment statement are to be publicly exhibited for a period of at least 21 days,(c) the Board is to seek public comment on the draft code during the period of public exhibition and public comment may be made during the period of public exhibition and for 21 days (or such longer period as the Board may determine) after the end of that period,(d) the Board is to submit the draft code to the Minister for approval together with a report by the Board giving details of public comment received during the period allowed for public comment and the Board’s response to it,(e) the Board is not to establish the draft code as a code of professional conduct unless the Minister approves the draft.(7) The procedure for the amendment or replacement of a code of professional conduct is the same as for the establishment of the code unless the Minister otherwise directs in respect of a particular amendment.
Division 2 Returns and information
20 Annual return to be submitted
(1) A registered podiatrist must, on or before the return date in each year, furnish in writing to the Board in a form approved by the Board a return for the return period specifying the following information:(a) details of any conviction of the podiatrist for an offence in this State or elsewhere during the return period (together with details of any penalty imposed for the offence),(b) details of the making of a sex/violence criminal finding against the podiatrist for an offence, in this State or elsewhere, during the return period (together with details of any penalty imposed for the offence),(c) details of the making of a criminal finding against the podiatrist for an offence committed in the course of the practice or purported practice of podiatry, in this State or elsewhere, during the return period (together with details of any penalty imposed for the offence),(d) details of any criminal proceedings pending against the podiatrist at the end of the return period, in this State or elsewhere, for a sex/violence offence alleged to have been committed in the course of the practice or purported practice of podiatry,(e) details of any criminal proceedings pending against the podiatrist at the end of the return period, in this State or elsewhere, for a sex/violence offence alleged to have been committed against a minor or to involve child pornography (whether or not alleged to have been committed in the course of the practice or purported practice of podiatry),(f) details of any significant illness (physical or mental) from which the podiatrist suffered at any time during the return period and that may reasonably be thought likely to detrimentally affect the podiatrist’s physical or mental capacity to practise podiatry,(g) details of any suspension of, cancellation of, or imposition of conditions on, the registration of the podiatrist as a podiatrist in another jurisdiction (either within Australia or elsewhere) during the return period,(h) details of any suspension of, cancellation of, or imposition of conditions on, any registration of the podiatrist under a health registration Act during the return period,(i) a statement as to whether the podiatrist is registered under a health registration Act as at the date of the return,(j) a statement as to whether the podiatrist has been refused registration as a podiatrist in another jurisdiction (either within Australia or elsewhere) during the return period,(k) details of any continuing professional education undertaken by the podiatrist during the return period,(l) such other information as may be prescribed by the regulations.(2) The Board may require a return under this section to be verified by statutory declaration.(3) The regulations may provide that subsection (1) (a) does not apply in respect of particular offences.(4) In this section:return date means a date notified to podiatrists by the Board in writing at least 1 month in advance.
return period means the period of 12 months ending 2 months before the return date.
21 Notification of convictions, criminal findings and charges
(1) A registered podiatrist must notify the Board in writing within 7 days after:(a) the podiatrist is convicted of an offence or made the subject of a sex/violence criminal finding for an offence, in this State or elsewhere, giving details of the conviction or criminal finding and any penalty imposed for the offence, or(b) criminal proceedings are commenced against the podiatrist, in this State or elsewhere, in respect of a sex/violence offence alleged to have been committed in the course of the practice or purported practice of podiatry, or(c) criminal proceedings are commenced against the podiatrist, in this State or elsewhere, in respect of a sex/violence offence alleged to have been committed against a minor or to involve child pornography (whether or not alleged to have been committed in the course of the practice or purported practice of podiatry).(2) The regulations may provide that subsection (1) (a) does not apply in respect of particular offences.
22 Courts to provide information on convictions
(1) As soon as practicable after a registered podiatrist is convicted of an offence or a sex/violence criminal finding is made against a registered podiatrist, the registrar or other proper officer of the court must (if the court is aware that the person is a registered podiatrist) notify the Board of the conviction or criminal finding together with details of any penalty imposed for the offence.(2) The regulations may provide that this section does not apply in respect of particular offences.
23 Referral of mental health matters to Registrar
If a registered podiatrist becomes a mentally incapacitated person, the person prescribed by the regulations must cause notice of that fact to be given to the Registrar in accordance with the regulations.