South Australian Numbered Acts

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OCCUPATIONAL THERAPY PRACTICE ACT 2005 (NO 51 OF 2005) - SECT 14

14—Functions of Board

        (1)         The functions of the Board are as follows:

            (a)         to oversee the practice of occupational therapy in the public interest;

            (b)         to approve, after consultation with authorities considered appropriate by the Board, courses of education or training that provide qualifications for registration under this Act;

            (c)         to determine, after consultation with authorities considered appropriate by the Board, the requirements necessary for registration under this Act;

            (d)         to establish and maintain the registers contemplated by this Act;

            (e)         to prepare or endorse, subject to the approval of the Minister, codes of conduct or professional standards for registered persons or codes of conduct for occupational therapy services providers;

            (f)         to prepare or endorse guidelines on continuing occupational therapy education for occupational therapists;

            (g)         to establish administrative processes for handling complaints received against registered persons, occupational therapy services providers or persons who occupy positions of authority in corporate or trustee occupational therapy services providers (which may include processes under which the registered person, provider or person who occupies the position voluntarily enters into an undertaking);

            (h)         to provide advice to the Minister as the Board considers appropriate;

                  (i)         to carry out other functions assigned to the Board by or under this Act, or by the Minister.

        (2)         The Board must perform its functions under this Act with the object of protecting the health and safety of the public by achieving and maintaining high professional standards both of competence and conduct in the provision of occupational therapy in this State.

        (3)         If—

            (a)         a code of conduct or professional standard prepared or endorsed by the Board is approved by the Minister; or

            (b)         guidelines are prepared or endorsed by the Board,

the Board must—

            (c)         cause a copy of the code, standard or guidelines to be published in the Gazette; and

            (d)         take reasonable steps to send a copy of the code, standard or guidelines to each registered person or occupational therapy services provider to whom it applies; and

            (e)         ensure that a copy of the code, standard or guidelines is published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Board,

(although proof of compliance with paragraphs (c), (d) or (e) is not necessary for the purposes of any proceedings that involve an alleged contravention of or failure to comply with a code of conduct or professional standard).

        (4)         The administrative processes established by the Board for handling complaints received against registered persons, occupational therapy services providers or persons who occupy positions of authority in corporate or trustee occupational therapy services providers must be designed—

            (a)         to be fair to both the aggrieved person and the respondent; and

            (b)         to keep both the aggrieved person and the respondent properly informed about the steps taken by the Board in response to the complaint; and

            (c)         to provide, where appropriate, opportunities for the clarification of any misapprehension or misunderstanding between the aggrieved person and the respondent; and

            (d)         to keep both the aggrieved person and the respondent properly informed about the outcome of the processes; and

            (e)         to take into account the needs of particular classes of persons who may otherwise suffer disadvantage in the conduct of those processes.



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