South Australian Numbered Acts

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PODIATRY PRACTICE ACT 2005 (NO 9 OF 2005) - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"appropriate register" means—

            (a)         the general register; or

            (b)         the specialist register; or

            (c)         the podiatry student register,

as the case may require;

"beneficiary" includes an object of a discretionary trust;

"Board" means the Podiatry Board of South Australia;

"corporate or trustee podiatric 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 podiatric treatment;

"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;

"general register"—see Part 3 Division 1;

"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;

"podiatric services provider" means a person (not being a podiatrist) who provides podiatric treatment through the instrumentality of a podiatrist or podiatry student but does not include an exempt provider;

"podiatric treatment" or "podiatry" means—

            (a)         the diagnosis, treatment or prevention of disorders of the foot and foot related structures of the human body; and

            (b)         (except in section 37) all diagnostic, therapeutic, health or other services or advice provided in the course of practice by a podiatrist or a person who holds himself or herself out, or is held out by another, as a podiatrist;

"podiatrist" means a person who is registered on the general register or on both the general register and the specialist register;

"podiatry student" means a person who is registered on the podiatry student register;

"podiatry student register"—see Part 3 Division 1;

"provide", in relation to podiatric treatment, means provide treatment 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;

"register of podiatrists"—see Part 3 Division 1;

"registered person" means a person who is registered on a register kept under this Act;

"Registrar" means the person holding or acting in the office of Registrar of the Board;

"repealed Act" means the Chiropodists Act 1950 ;

"representative body" means a body that is declared by the regulations to be a representative body for the purposes of this Act;

"specialist" means a person who is registered on the specialist register;

"specialist register"—see Part 3 Division 1;

"specialty" means a branch of podiatry declared by the Board, by notice in the Gazette, to be a specialty;

"unprofessional conduct" includes—

            (a)         improper or unethical conduct in relation to professional practice; and

            (b)         incompetence or negligence in relation to the provision of podiatric treatment; 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 podiatrist will be taken to "provide podiatric treatment through the instrumentality of a podiatrist if that person, in the course of carrying on a business, provides services to the podiatrist for which the person is entitled to receive a share in the profits or income of the podiatrist's practice of podiatry.

        (5)         For the purposes of this Act—

            (a)         a "corporate podiatric services provider" is a podiatric 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 podiatric treatment; or

                  (iv)         where the body corporate is a proprietary company—is a shareholder in the body corporate; and

            (b)         a "trustee podiatric services provider" is a person acting as a podiatric 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 podiatric 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.



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