South Australian Numbered Acts

OCCUPATIONAL THERAPY PRACTICE ACT 2005 (NO 51 OF 2005) - SECT 42

42—Inquiries by Board as to matters constituting grounds for disciplinary action

        (1)         A complaint setting out matters that are alleged to constitute grounds for disciplinary action against a person may be laid before the Board (in a manner and form approved by the Board) by—

            (a)         the Registrar; or

            (b)         the Minister; or

            (c)         a representative body; or

            (d)         a person who is aggrieved by the conduct of the person or, if the person aggrieved is a child or is suffering from a mental or physical incapacity, by a person acting on his or her behalf.

        (2)         If a complaint is laid under this section, the Board must inquire into the subject matter of the complaint unless the Board considers that the complaint is frivolous or vexatious.

        (3)         If a complaint has been laid under this section by or on behalf of an aggrieved person and the Board is satisfied that the complaint arose from a misapprehension on the part of the complainant or from a misunderstanding between the parties, it may, before proceeding further with the hearing of the complaint, require the parties to attend before the Registrar in order to clarify the misapprehension or misunderstanding.

        (4)         If, after conducting an inquiry under this section, the Board is satisfied that there is proper cause for disciplinary action against the respondent, the Board may, by order, do 1 or more of the following:

            (a)         censure the respondent;

            (b)         require the respondent to pay to the Board a fine not exceeding $10 000;

            (c)         if the respondent is a registered person—

                  (i)         impose conditions on the respondent's registration restricting the respondent's right to provide occupational therapy;

                  (ii)         suspend the respondent's registration for a period not exceeding 1 year;

                  (iii)         cancel the respondent's registration;

                  (iv)         disqualify the respondent from being registered;

            (d)         prohibit the respondent from carrying on business as an occupational therapy services provider;

            (e)         prohibit the respondent from occupying a position of authority in a corporate or trustee occupational therapy services provider.

        (5)         The Board may—

            (a)         stipulate that a disqualification or prohibition under subsection (4) is to apply—

                  (i)         permanently; or

                  (ii)         for a specified period; or

                  (iii)         until the fulfilment of specified conditions; or

                  (iv)         until further order;

            (b)         stipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time.

        (6)         If—

            (a)         a person has been found guilty of an offence; and

            (b)         the circumstances of the offence form, in whole or in part, the subject matter of the complaint,

the person is not liable to a fine under this section in respect of conduct giving rise to the offence.

        (7)         The Board may—

            (a)         fix a period within which a fine imposed under this section must be paid;

            (b)         on application by a person liable to pay a fine imposed under this section, extend the period within which the fine must be paid.

        (8)         A fine imposed under this section is recoverable by the Board as a debt.

        (9)         The Board may, without further notice, remove from the appropriate register a person who fails to pay a fine imposed under this section.