South Australian Numbered Acts South Australian Numbered Acts (1) In this Act,
unless the contrary intention appears—
"appropriate register" means—
(a) the
register of occupational therapists; or
(b) the
occupational therapy student register,
as the case may require;
"beneficiary" includes an object of a discretionary trust;
"Board" means the Occupational Therapy Board of South Australia;
"corporate or trustee occupational therapy services provider —see
subsection (5);
"director" of a body corporate means a member of the board or committee of
management of the body corporate, whether validly appointed or not;
"District Court" means the Administrative and Disciplinary Division of the
District Court;
"exempt provider" means—
(a) a
recognised hospital, incorporated health centre or private hospital within the
meaning of the South Australian Health Commission Act 1976 ; or
(b) any
other person declared by the regulations to be an exempt provider for the
purposes of this Act;
"inspector" means a person authorised by the Board to exercise the powers of
an inspector under this Act;
"legal practitioner" means a person admitted and enrolled as a practitioner of
the Supreme Court of South Australia;
"medical practitioner" means a person who is registered as a
medical practitioner under the law of this State;
"nominated contact address" of a registered person means an address nominated
by the person for the purpose of service of notices and documents under this
Act;
"occupational therapist" means a person who is registered on the
register of occupational therapists;
"occupational therapy" means—
(a) any
therapy provided to persons with disabilities arising out of injury, illness
or impairment of any kind, being therapy directed towards the acquisition (or
reacquisition) of life skills; and
(b) all
diagnostic, therapeutic, health or other services or advice provided in the
course of practice by an occupational therapist or a person who holds himself
or herself out, or is held out by another, as an occupational therapist;
"occupational therapy services provider" means a person (not being an
occupational therapist) who provides occupational therapy through the
instrumentality of an occupational therapist or occupational therapy student
but does not include an exempt provider;
"occupational therapy student" means a person who is registered on the
occupational therapy student register;
"occupational therapy student register"—see Part 3 Division 1;
"provide", in relation to occupational therapy, means provide therapy
personally or through the instrumentality of another, and includes offer to
provide;
"psychologist" means a person who is registered as a psychologist under the
law of this State;
"record" means—
(a) a
documentary record; or
(b) a
record made by an electronic, electromagnetic, photographic or optical
process; or
(c) any
other kind of record;
"register" means a register kept under this Act;
"registered person" means a person who is registered on a register kept under
this Act;
"register of occupational therapists"—see Part 3 Division 1;
"Registrar" means the person holding or acting in the office of Registrar of
the Board;
"repealed Act" means the Occupational Therapists Act 1974 ;
"representative body" means a body that is declared by the regulations to be a
representative body for the purposes of this Act;
"unprofessional conduct" includes—
(a)
improper or unethical conduct in relation to professional practice; and
(b)
incompetence or negligence in relation to the provision of
occupational therapy; and
(c) a
contravention of or failure to comply with—
(i)
a provision of this Act; or
(ii)
a code of conduct or professional standard prepared or
endorsed by the Board under this Act; and
(d)
conduct that constitutes an offence punishable by imprisonment for 1 year or
more under some other Act or law.
(2) A reference in
this Act to unprofessional conduct extends to—
(a)
unprofessional conduct committed before the commencement of this Act; and
(b)
unprofessional conduct committed within or outside South Australia or the
Commonwealth.
(3) A reference in
this Act to "engaging in conduct" includes a reference to failing or refusing
to engage in conduct.
(4) Without limiting
the generality of the expression, a person who is not an
occupational therapist will be taken to "provide occupational therapy through
the instrumentality of an occupational therapist if that person, in the course
of carrying on a business, provides services to the occupational therapist for
which the person is entitled to receive a share in the profits or income of
the occupational therapist's practice of occupational therapy.
(5) For the purposes
of this Act—
(a) a
"corporate occupational therapy services provider" is an
occupational therapy services provider that is a body corporate and a person
occupies a "position of authority" in such a provider if the person—
(i)
is a director of the body corporate; or
(ii)
exercises, or is in a position to exercise, control or
substantial influence over the body corporate in the conduct of its affairs;
or
(iii)
manages, or is to manage, the business of the body
corporate that consists of the provision of occupational therapy; or
(iv)
where the body corporate is a proprietary
company—is a shareholder in the body corporate; and
(b) a
"trustee occupational therapy services provider" is a person acting as an
occupational therapy services provider in the capacity of
trustee of a trust and a person occupies a "position of authority" in such a
provider if the person is a trustee or beneficiary of the trust.
(6) For the purposes
of this Act, a person occupies a "position of authority in a body corporate
other than a corporate occupational therapy services provider if the
person—
(a) is a
director of the body corporate; or
(b)
exercises, or is in a position to exercise, control or substantial influence
over the body corporate in the conduct of its affairs; or
(c)
where the body corporate is a proprietary company—is a shareholder in
the body corporate.
(7) However—
(a) a
minor who is a shareholder in a proprietary company, or a beneficiary under a
trust, is not, for that reason, to be regarded as a person
occupying a "position of authority"; and
(b) a
charitable organisation that is a beneficiary of a trust is not, for that
reason, to be regarded as occupying a "position of authority .
(8) For the purposes
of this Act, a person who holds more than 10 per cent of the issued share
capital of a public company will be regarded as a person
occupying a "position of authority" in that company.