South Australian Numbered Acts

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CHIROPRACTIC AND OSTEOPATHY PRACTICE ACT 2005 (NO 30 OF 2005) - SECT 40

40—Cause for disciplinary action

        (1)         There is proper cause for disciplinary action against a registered person if—

            (a)         the person's registration was improperly obtained; or

            (b)         the person is guilty of unprofessional conduct; or

            (c)         the person is for any reason no longer a fit and proper person to be registered on the appropriate register.

        (2)         There is proper cause for disciplinary action against a chiropractic or osteopathy services provider if—

            (a)         the provider has contravened or failed to comply with a provision of this Act; or

            (b)         there has been, in connection with the provision of chiropractic or osteopathy by the provider, a contravention or failure to comply with a code of conduct under this Act applying to the provider; or

            (c)         the provider or any person employed or engaged by the provider has, in connection with the provision of chiropractic or osteopathy by the provider, engaged in conduct that would, if the person were a registered person, constitute unprofessional conduct; or

            (d)         the provider is for any reason not a fit and proper person to be a chiropractic or osteopathy services provider; or

            (e)         in the case of a corporate or trustee chiropractic or osteopathy services provider, an occupier of a position of authority in the provider

                  (i)         has contravened or failed to comply with a provision of this Act; or

                  (ii)         has, in connection with the provision of chiropractic or osteopathy by the provider, engaged in conduct that would, if the person were a registered person, constitute unprofessional conduct; or

                  (iii)         is for any reason not a fit and proper person to occupy a position of authority in a corporate or trustee chiropractic or osteopathy services provider.

        (3)         There is proper cause for disciplinary action against the occupier of a position of authority in a corporate or trustee chiropractic or osteopathy services provider if—

            (a)         the person has contravened or failed to comply with a provision of this Act; or

            (b)         the person has, in connection with the provision of chiropractic or osteopathy by the provider, engaged in conduct that would, if the person were a registered person, constitute unprofessional conduct; or

            (c)         the person is for any reason not a fit and proper person to occupy a position of authority in a corporate or trustee chiropractic or osteopathy services provider; or

            (d)         —

                  (i)         the provider has contravened or failed to comply with a provision of this Act; or

                  (ii)         there has been, in connection with the provision of chiropractic or osteopathy by the provider, a contravention or failure to comply with a code of conduct under this Act applying to the provider; or

                  (iii)         the provider, or any person employed or engaged by the provider, has, in connection with the provision of chiropractic or osteopathy by the provider, engaged in conduct that would, if the provider or the person were a registered person, constitute unprofessional conduct,

unless it is proved that the person could not, by the exercise of reasonable care, have prevented the contravention, failure to comply or conduct.



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