South Australian Numbered Acts South Australian Numbered Acts (1) In this Act,
unless the contrary intention appears—
"appropriate register" means—
(a) the
register of physiotherapists; or
(b) the
physiotherapy student register,
as the case may require;
"beneficiary" includes an object of a discretionary trust;
"Board" means the Physiotherapy Board of South Australia;
"corporate or trustee physiotherapy 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;
"equipment" includes appliances, instruments, dressings or substances used for
the purposes of physiotherapy;
"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 on the general
register or on both the general register and the specialist register under the
Medical Practice Act 2004 ;
"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;
"physical therapy" means physical treatment applied to the human body for the
purpose of preventing, curing or alleviating any abnormality of movement or
posture or any other sign associated with physical disability;
"physiotherapist" means a person who is registered on the
register of physiotherapists;
"physiotherapy" means—
(a)
restricted therapy; and
(b) any
other physical therapy provided in the course of practice by a physiotherapist
or a person who holds himself or herself out, or is held out by another, as a
physiotherapist; and
(c) all
diagnostic, therapeutic, health or other services or advice not referred to in
paragraph (a) or (b) provided in the course of practice by a
physiotherapist or a person who holds himself or herself out, or is held out
by another, as a physiotherapist;
"physiotherapy services provider" means a person (not being a physiotherapist)
who provides physiotherapy through the instrumentality of a physiotherapist or
physiotherapy student but does not include an exempt provider;
"physiotherapy student" means a person who is registered on the
physiotherapy student register;
"physiotherapy student register"—see Part 3 Division 1;
"provide", in relation to physiotherapy, means provide physiotherapy
personally or through the instrumentality of another, and includes offer to
provide;
"psychologist" means a person who is registered as a psychologist under the
Psychological Practices Act 1973 ;
"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 physiotherapists"—see Part 3 Division 1;
"Registrar" means the person holding or acting in the office of Registrar of
the Board;
"repealed Act" means the Physiotherapists Act 1991 ;
"representative body" means a body that is declared by the regulations to be a
representative body for the purposes of this Act;
"restricted therapy" means physical therapy consisting of or involving—
(a) the
manipulation or adjustment of the spinal column or joints of the human body
involving a manoeuvre during which a joint is carried beyond its normal
physiological range of motion; or
(b) any
other therapy declared by the regulations to be restricted therapy;
"unprofessional conduct" includes—
(a)
improper or unethical conduct in relation to professional practice; and
(b)
incompetence or negligence in relation to the provision of physiotherapy; 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 a physiotherapist will,
unless exempted by the regulations, be taken to "provide physiotherapy through
the instrumentality of a physiotherapist if the person, in the course of
carrying on a business, provides services to the physiotherapist for which the
person is entitled to receive a share in the profits or income of the
physiotherapist's practice of physiotherapy.
(5) For the purposes
of this Act—
(a) a
"corporate physiotherapy services provider" is a
physiotherapy 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 physiotherapy; or
(iv)
where the body corporate is a proprietary
company—is a shareholder in the body corporate; and
(b) a
"trustee physiotherapy services provider" is a person acting as a
physiotherapy 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 physiotherapy 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.