SCHEDULE 5 - Savings and Transitional provisions

Section 79

1.    Interpretation

In this Schedule, unless the contrary intention appears –

commencement day means the day proclaimed under section 2 ;

former Board means the Chiropractors Registration Board as constituted under the repealed Act;

repealed Act means the Chiropractors Registration Act 1982 ;

transitional period means the period of 3 months immediately following the commencement day.

2.    Initial Registrar

(1) On the commencement day –

(a) an appointment held by an employee of the Department under section 7(1) of the repealed Act to act as secretary to the former Board lapses; and

(b) the duties carried out by that employee under that appointment cease to form any part of the duties of that employee under the Tasmanian State Service Act 1984 .

(2) Notwithstanding subclause (1)  –

(a) the person who was the employee referred to in that subclause immediately before the commencement day may, with the approval of the Secretary given under section 79 of the Tasmanian State Service Act 1984 , be appointed and act as Registrar pursuant to section 12 ; and

(b) the person, if so appointed, may perform the functions and exercise the powers of the office of Registrar in addition to his or her duties as an employee in the State Service.

(3) The appointment, if made, is to be on such terms and conditions as may be agreed between the Board and the appointee.

3.    Continuation of register and entitlements

(1) Until the Board prepares the registers that it is required to keep under section 30 of this Act, the Board may maintain the register that was kept by the former Board under section 20 of the repealed Act, in which case that register continues and serves for the time being as the Register of Chiropractors and also as the Register of Osteopaths for the purposes of this Act.

(2) Notwithstanding subclause (1) , the Board must cause the registers referred to in section 30 of this Act to be prepared before the transitional period expires and, on that expiration, the register that was kept by the former Board ceases to have effect for the purposes of this Act.

(3) This clause has effect notwithstanding section 30 of this Act.

4.    Continuation of registration

(1) On the commencement day, a person who, immediately before that day, was registered or provisionally registered as a chiropractor under the repealed Act is –

(a) if the person had the approval of the former Board to practise under the professional description "chiropractor" – taken to be a registered chiropractor under and subject to this Act on the same conditions, if any, as applied to the person's former registration; or

(b) if the person had the approval of the former Board to practise under the professional description "osteopath" – taken to be a registered osteopath under and subject to this Act on the same conditions, if any, as applied to the person's former registration; or

(c) if the person had the approval of the former Board to practise under the professional descriptions "chiropractor" and "osteopath" – taken to be a registered chiropractor and registered osteopath under and subject to this Act on the same conditions, if any, as applied to the person's former registration.

(2) Subclause (1) applies to a person's registration under the repealed Act even if, immediately before the commencement day, that registration was suspended, but that subclause is not to be taken as revoking that suspension or as reducing the period of that suspension.

(3) On the commencement day, a person who, immediately before that day, was registered temporarily or provisionally registered temporarily under the repealed Act is –

(a) if the person had the approval of the former Board to practise under the professional description "chiropractor"  –

(i) taken to have made a valid application to be registered as a chiropractor under this Act; and

(ii) taken to have been granted interim registration as a chiropractor under and subject to this Act on the same conditions, if any, as applied to the person's temporary registration under the repealed Act; or

(b) if the person had the approval of the former Board to practise under the professional description "osteopath"  –

(i) taken to have made a valid application to be registered as an osteopath under this Act; and

(ii) taken to have been granted interim registration as an osteopath under and subject to this Act on the same conditions, if any, as applied to the person's temporary registration under the repealed Act; or

(c) if the person had the approval of the former Board to practise under the professional descriptions "chiropractor" and "osteopath"  –

(i) taken to have made a valid application to be registered as a chiropractor and osteopath under this Act; and

(ii) taken to have been granted interim registration as a chiropractor and osteopath under and subject to this Act on the same conditions, if any, as applied to the person's temporary registration under the repealed Act.

(4) In a case to which subclause (3)(a) , (b) or (c) applies, the Board is to make a determination whether or not to register the person holding the interim registration before the end of the transitional period.

(5) If the Board refuses to register the person holding the interim registration, that person has the same right of appeal under section 54(1)(a) as a person who applies to be registered after the commencement day and is refused registration.

5.    Unprocessed applications for registration

An application for registration made under the repealed Act and not determined by the former Board immediately before the commencement day is to be determined by the Board as if it were a valid application made under this Act.

6.    Complaints arising before commencement day

(1) A person may make a complaint under this Act in respect of a chiropractor or osteopath even if the conduct which is the subject of the complaint occurred or allegedly occurred before the commencement day, and thatcomplaint may be dealt with and have the same consequences under this Act in all respects as if that complaint were a complaint made on or after the commencement day in respect of conduct of a chiropractor or osteopath that occurred or allegedly occurred on or after the commencement day.

(2) The power of the Board under section 43(2) of this Act is exercisable in respect of a matter that occurred or allegedly occurred before the commencement day and any such matter may be dealt with and have consequences under this Act in all respects the same as if it were a matter that occurred or allegedly occurred on or after the commencement day.

7.    Continuation of inquiries and proceedings begun under repealed Act

(1) Where an inquiry begun under Part V of the repealed Act had not been concluded before the commencement day, the Board may determine that the inquiry is to be –

(a) terminated; or

(b) terminated and reinstituted under this Act; or

(c) continued and concluded as if the Board were the former Board and this Act had not been enacted.

(2) For the purposes of subclause (1) , an inquiry under Part V of the repealed Act is taken not to have been concluded if the former Board had not made a determination under section 34(2) of the repealed Act or issued a caution or reprimand under section 34(4) of the repealed Act.

(3) In exercising its discretion under subclause (1) the Board may have regard to such matters as it considers appropriate but it must have particular regard to –

(a) how far the inquiry had progressed by the commencement day; and

(b) fairness to the person who is the subject of the inquiry; and

(c) if applicable, fairness to the person who made the complaint to which the inquiry relates; and

(d) cost and inconvenience to the Board, to the persons referred to in paragraphs (b) and (c) or to any other affected persons; and

(e) any submissions made to the Board, or the former Board, in relation to the inquiry; and

(f) the seriousness of the conduct or matter to which the inquiry relates.

(4) In a case to which subclause (1)(c) applies, a determination to suspend or cancel the registration of a person does not take effect –

(a) until the expiration of the period of 14 days after notice of the determination of the Board has been served on that person; or

(b) where the person lodges an appeal under section 38 of the repealed Act before the expiration of the period referred to in paragraph (a) – until the appeal is dealt with or withdrawn.

(5) Where the whole or a part of a fine imposed on a person under section 34(2) of the repealed Act remained unpaid immediately before the commencement day, that fine, or the unpaid portion of that fine, may be recovered as a debt due to the Board.

8.    Unfinished informal proceedings

(1) A notice served on a person before the commencement day pursuant to section 37 of the repealed Act, requiring the person to appear before the former Board to give an explanation of a matter, is taken to be of no further effect if the date of appearance specified in the notice is a date that falls after the commencement day.

(2) In a case to which subclause (1) applies, as soon as practicable after the commencement day the Board is to –

(a) initiate action under section 45 of this Act in respect of the matter; or

(b) make a determination that no action be taken under this Act in respect of the matter.

(3) For the purposes of determining which course of action to take under subclause (2) the Board may have regard to such matters as the Board considers appropriate.

(4) If the Board makes a determination under subclause (2)(b) it must give notice of its determination to the person who was served with the notice under the repealed Act.

9.    Validation

All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the former Board before the commencement day have, on and after that day, the same force and effect as if they had been done by, or suffered in relation to, the Board.

10.    Board members

(1) In this clause,

appointed members of the former Board means the members of the former Board referred to in section 4(4)(b) and (c) of the repealed Act.

(2) The appointments of the persons who, immediately before the commencement day, were appointed members of the former Board are terminated, but those persons are, if qualified, eligible to be appointed as members of the Board under this Act.

11.    Interim qualifications of applicants

(1) Until a national chiropractic body or forum is prescribed for the purposes of section 19(1) of this Act, a person may apply to be registered as a chiropractor if the person –

(a) holds the Degree of Bachelor of Chiropractic Science from the Royal Melbourne Institute of Technology University, in combination with the Degree of Applied Science in Clinical Science from the same University; or

(b) holds the Degree of Master of Chiropractic from Macquarie University, Sydney, New South Wales; or

(c) holds a qualification that the Board considers to be at least substantially equivalent to the combined qualification specified in paragraph (a) or the qualification specified in paragraph (b) ; or

(d) was, at any time in the 5 year period immediately preceding the commencement day, registered as a chiropractor under the repealed Act.

(2) Until a national osteopathic body or forum is prescribed for the purposes of section 19(2) of this Act, a person may apply to be registered as an osteopath if the person –

(a) holds the Degree of Bachelor of Osteopathic Science from the Royal Melbourne Institute of Technology University, in combination with the Degree of Applied Science in Clinical Science from the same University; or

(b) holds a qualification that the Board considers to be at least substantially equivalent to the combined qualification specified in paragraph (a) ; or

(c) was, at any time in the 5 year period immediately preceding the commencement day, registered as a chiropractor under the repealed Act and had the approval of the former Board to practise under the professional description "osteopath" .