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.