South Australian Numbered Acts South Australian Numbered Acts (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.