South Australian Numbered Acts South Australian Numbered Acts43—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 an optometry 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 optometry treatment 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 optometry treatment 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 an
optometry services provider; or
(e) in
the case of a corporate or trustee optometry 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
optometry treatment 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 optometry services provider.
(3) There is proper
cause for disciplinary action against the occupier of a position of authority
in a corporate or trustee optometry 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 optometry treatment 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 optometry 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
optometry treatment 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 optometry treatment 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.