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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Podiatrists Registration Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2--REGISTRATION 5
Division 1--Procedure for Obtaining Registration 5
4. Application for registration 5
5. Qualifications for general registration 5
6. General registration 6
7. Specific registration 8
8. Entitlement of applicant to make submissions 9
9. Notification of outcome of application 9
10. Duration and renewal of registration 10
11. Application for renewal of and refusal to renew registration 10
12. Post graduate qualifications 10
13. Restoration of name to the register 11
14. Effect of suspension of registration 11
15. Registration obtained by fraud 12
Division 2--The Register 12
16. The Register 12
17. Certificates 13
18. Use of certificate as evidence 14
19. Requirement to notify the Board of change of address 14
PART 3--INVESTIGATIONS INTO REGISTERED
PODIATRISTS 15
Division 1--Preliminary investigations into professional conduct 15
20. Complaints about the professional conduct of podiatrists 15
21. When complaints about professional conduct are to be
investigated by Health Services Commissioner 15
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Clause Page
22. When complaints about professional conduct are to be
investigated by the Board 16
23. Outcome of preliminary investigation 16
24. Board may institute a hearing into professional conduct 17
25. Suspension of registration upon commencement of investigation 17
Division 2--Preliminary investigation into the health of registered
podiatrists 18
26. Commencement of preliminary investigation 18
27. Notification to podiatrist 18
28. Medical examination 19
29. Report of examination 19
30. Outcome of preliminary investigation 20
31. Referral to formal hearing 20
32. Request for conditions, limitations or restrictions 21
33. Revocation of suspension of registration or condition, limitation
or restriction imposed on registration 21
34. Immediate suspension of registration 21
Division 3--Formal and Informal Hearings 22
35. Establishment and notification of an informal hearing 22
36. Constitution of a panel for an informal hearing 22
37. Notice of an informal hearing 23
38. Conduct of an informal hearing 23
39. Findings and determinations of an informal hearing 24
40. Change of informal hearing to formal hearing during course of
hearing 24
41. Request for formal hearing upon completion of informal hearing 25
42. Establishment and notification of formal hearing 25
43. Constitution of a hearing panel for a formal hearing 26
44. Notice of a formal hearing 26
45. Conduct of a formal hearing 27
46. Findings and determinations of a formal hearing into conduct 28
47. Findings and determinations of a formal hearing into ability to
practise 29
Division 4--General Provisions relating to Investigations 30
48. Procedure at formal and informal hearings 30
49. Powers of panel conducting a formal hearing 30
50. Determinations 30
51. Removal of suspension, condition, limitation or restriction 31
52. Reasons for determinations of panel or Board 31
53. Notifications 31
54. Offence to disclose information identifying complainant 33
55. Terms and conditions of appointment of panel members 33
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Clause Page
PART 4--REVIEW BY ADMINISTRATIVE APPEALS
TRIBUNAL 35
56. Review by AAT 35
57. Notification 36
PART 5--OFFENCES 37
58. Claims by persons as to registration 37
59. Fraud, forgery etc. 38
60. Advertising 38
PART 6--ADMINISTRATION 40
61. Establishment of Board 40
62. Powers, functions and consultation requirements 40
63. Membership of the Board 41
64. Terms of office 41
65. Resignation and removal 42
66. President and Deputy President 42
67. Acting member 43
68. Payment of members 43
69. Procedure of Board 44
70. Member's interests 44
71. Resolutions without meetings 45
72. Approved methods of communication for Board 46
73. Effect of vacancy or defect 46
74. Immunity 46
75. Staff 47
76. Delegation 47
PART 7--REPORTING AND FINANCIAL PROVISIONS 49
77. Podiatrists Registration Board Fund 49
78. Investment powers 49
79. Repayment of advances 49
PART 8--ENFORCEMENT AND SUPPLEMENTARY POWERS 51
80. Proceedings for offences 51
81. Identification 51
82. Powers of entry with warrant 51
83. Announcement before entry 53
84. Copy of warrant to be given to occupier 53
85. Copies or receipts to be given 53
86. Powers of Board in relation to fees 54
PART 9--MISCELLANEOUS 55
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Clause Page
87. Supreme Court--limitation of jurisdiction 55
88. Regulations 55
PART 10--SAVINGS, TRANSITIONAL AND AMENDMENTS 57
89. Definitions 57
90. Repeal 57
91. New Board succeeds old Board 57
92. Proceedings before the old Board 58
93. Application of this Act to conduct occurring before
commencement of this Act 58
94. Existing registrations 59
95. References 59
96. Preparation of annual report 60
97. Minor consequential amendments 60
----------------
SCHEDULE--Consequential Amendments 61
NOTES 62
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PARLIAMENT OF VICTORIA
A BILL
to make provision for the registration of podiatrists, the investigation
into the professional conduct or fitness to practise of registered
podiatrists, to regulate the advertising of podiatry services, to establish
the Podiatrists Registration Board of Victoria and the Podiatrists
Registration Board Fund, to repeal the Chiropodists Act 1968 and to
make consequential amendments to other Acts and for other purposes.
Podiatrists Registration Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to protect the public by providing for the
5 registration of podiatrists and investigations
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into the professional conduct and fitness to
practise of registered podiatrists; and
(b) to regulate the advertising of podiatry
services; and
5 (c) to establish the Podiatrists Registration
Board of Victoria and the Podiatrists
Registration Board Fund; and
(d) to repeal the Chiropodists Act 1968; and
(e) to make consequential amendments to other
10 Acts; and
(f) to provide for other related matters.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
15 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 December, 1998,
20 it comes into operation on that day.
3. Definitions
In this Act--
"Administrative Appeals Tribunal" means the
Administrative Appeals Tribunal established
25 under the Administrative Appeals
Tribunal Act 1984;
"alcoholic" has the same meaning as in the
Alcoholics and Drug-dependent Persons
Act 1968;
30 "Board" means the Podiatrists Registration
Board of Victoria established under Part 6;
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"drug-dependent person" has the same meaning
as in the Alcoholics and Drug-dependent
Persons Act 1968;
"Fund" means the Podiatrists Registration Board
5 Fund established under Part 7;
"Health Services Commissioner" means the
Health Services Commissioner within the
meaning of the Health Services
(Conciliation and Review) Act 1987;
10 "lawyer" means a person admitted to practise as
a barrister and solicitor of the Supreme
Court;
"register" means the register of podiatrists kept
under Part 2;
15 "registered podiatrist" means a person
registered under Part 2, whether or not the
registration of that person is general or
specific;
"unprofessional conduct" means all or any of
20 the following--
(a) professional conduct which is of a
lesser standard than that which the
public might reasonably expect of a
registered podiatrist; or
25 (b) professional conduct which is of a
lesser standard than that which might
reasonably be expected of a podiatrist
by his or her peers; or
(c) professional misconduct; or
30 (d) infamous conduct in a professional
respect; or
(e) providing a person with health services
of a kind that is excessive, unnecessary
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or not reasonably required for that
person's well-being; or
(f) influencing or attempting to influence
the conduct of a podiatry practice in
5 such a way that patient care may be
compromised; or
(g) the failure to act as a podiatrist when
required under an Act or regulations to
do so; or
10 (h) a finding of guilt of--
(i) an indictable offence in Victoria,
or an equivalent offence in
another jurisdiction; or
(ii) an offence where the podiatrist's
15 ability to continue to practise is
likely to be affected because of
the finding of guilt or where it is
not in the public interest to allow
the podiatrist to continue to
20 practise because of the finding of
guilt; or
(iii) an offence under this Act or the
regulations; or
(iv) an offence as a podiatrist under
25 any other Act or regulations.
_______________
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PART 2--REGISTRATION
Division 1--Procedure for Obtaining Registration
4. Application for registration
(1) A natural person may apply to the Board for
5 registration as a podiatrist.
(2) An application must--
(a) be in writing in the prescribed form; and
(b) be accompanied by evidence of the
qualifications which the applicant claims
10 entitle him or her to the type of registration
applied for; and
(c) be accompanied by the fee fixed by the
Board.
(3) The Board--
15 (a) may require the applicant to provide further
information or material in respect of the
application; and
(b) may require that the information in the
application be verified by a declaration under
20 section 107 of the Evidence Act 1958; and
(c) may require proof of identity of the person
making the application.
5. Qualifications for general registration
A person is qualified for general registration as a
25 podiatrist if that person--
(a) has successfully completed a course of study
approved by the Board; or
(b) in the opinion of the Board, has a
qualification that is substantially equivalent
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or is based on similar competencies to a
course of study approved by the Board; or
(c) has passed an examination set by or on
behalf of the Board; or
5 (d) has a qualification that is recognised in
another State or Territory of the
Commonwealth for the purposes of
undertaking work of a similar nature to that
which a person, holding a qualification to
10 which paragraph (a), (b) or (c) applies, is
qualified to undertake.
6. General registration
(1) The Board must grant general registration as a
podiatrist to an applicant, if--
15 (a) the applicant is qualified for registration
under section 5; and
(b) there are no grounds under sub-section (2)
under which the Board may refuse to grant
registration to the applicant; and
20 (c) the circumstances are such that section 7
does not apply; and
(d) the applicant has paid the fee fixed by the
Board under section 4(2)(c).
(2) The Board may refuse to grant registration to an
25 applicant on any one or more of the following
grounds--
(a) that the character of the applicant is such that
it would not be in the public interest to allow
the applicant to practise as a registered
30 podiatrist;
(b) that the applicant is unfit to practise as a
registered podiatrist because he or she is an
alcoholic or drug-dependent person;
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(c) that the applicant has been found guilty of an
indictable offence in Victoria or an
equivalent offence in another jurisdiction;
(d) that the applicant has been found guilty of an
5 offence where the ability of the applicant to
practise is likely to be affected because of
the finding of guilt or where it is not in the
public interest to allow the applicant to
practise because of the finding of guilt;
10 (e) that the applicant has previously been
registered under this Act or the Chiropodists
Act 1968 and during the course of that
registration has had proceedings under Part 3
or similar proceedings under the
15 Chiropodists Act 1968 brought against him
or her and those proceedings have never
been finalised;
(f) that, in the opinion of the Board, the
applicant is unfit to be registered because he
20 or she has a physical or mental impairment
which significantly impairs his or her ability
to practise as a registered podiatrist;
(g) that the applicant's competency in speaking
or communicating in English is not sufficient
25 for that person to practise as a registered
podiatrist;
(h) that the applicant has previously held a right
to practise as a podiatrist in another State or
Territory or another country, being the
30 equivalent of registration as a podiatrist
under this Act, and that right has been
cancelled or suspended and not restored
because of conduct which, if committed
within Victoria, would entitle the Board to
35 suspend or cancel the registration.
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(3) A grant of registration under this section is subject
to any conditions, limitations or restrictions that
the Board thinks fit.
(4) The Board may, upon application by the
5 registered podiatrist, amend, vary or revoke any
condition, limitation or restriction imposed under
sub-section (3).
7. Specific registration
(1) The Board may grant or refuse to grant specific
10 registration as a podiatrist to an applicant if the
applicant holds qualifications in podiatry which
do not qualify that applicant for general
registration--
(a) to enable that applicant to undertake
15 supervised study or training or a course
approved by the Board at a tertiary
institution; or
(b) to enable that applicant to fill a teaching or
research position in podiatry at a tertiary
20 institution approved by the Board; or
(c) to enable an applicant from another country
to practise in Victoria if that applicant has
exchanged practice with a registered
podiatrist for a limited period with the prior
25 permission of the Board.
(2) A grant of specific registration under this section
is subject to any conditions, limitations or
restrictions imposed by the Board including the
period of registration which must not exceed 12
30 months.
(3) The Board may of its own motion, or upon
application by the podiatrist granted specific
registration, amend, vary or revoke any condition,
limitation or restriction imposed under sub-section
35 (2).
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8. Entitlement of applicant to make submissions
If the Board is proposing to refuse an application
for registration or to impose conditions,
5 limitations or restrictions on the registration of an
applicant, the Board must not do so until--
(a) it has given the applicant notice of this
proposal; and
(b) it has given the applicant an opportunity to
10 make submissions to the Board about the
proposal.
9. Notification of outcome of application
(1) Upon determining an application for registration
under this Part, the Board must notify the
15 applicant as to whether or not registration has
been granted to the applicant.
(2) A notice under sub-section (1) must include the
following information--
(a) if the registration has been granted--
20 (i) the type of registration granted; and
(ii) whether or not any conditions,
limitations or restrictions have been
imposed on the registration and, if so,
the reasons for imposing the conditions,
25 limitations or restrictions; or
(b) if the registration has not been granted--
(i) the reasons why it has not been granted;
and
(ii) a statement that the applicant has a
30 right to obtain a review of the decision
not to grant registration.
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Act No.
10. Duration and renewal of registration
The registration of a podiatrist which is not
specific or renewal of such registration continues
5 in force until 31 December next following the
grant or renewal of registration.
11. Application for renewal of and refusal to renew
registration
(1) An application for renewal of registration which is
10 not specific--
(a) must be made to the Board before the
existing registration expires; and
(b) must be accompanied by the fee fixed by the
Board.
15 (2) If a person does not apply for renewal of
registration before the end of the existing
registration period, the Board may renew that
person's registration if application is made within
3 months after the end of the registration period
20 and if the applicant pays an additional renewal fee
fixed by the Board which must not be more than
50% of the original fee.
(3) If a person's registration has expired without being
renewed that person is deemed to be registered for
25 a period of 3 months after that expiry, and if, at
the end of that period of 3 months, that person has
not renewed his or her registration, the Board
must remove that person's name from the register.
(4) The Board may refuse to renew the registration of
30 an applicant under this Part on any ground on
which the Board might refuse to grant registration.
12. Post graduate qualifications
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(1) The Board, from time to time, may recognise any
post graduate qualification that the Board
considers to be relevant to the practise of podiatry.
(2) An applicant for registration or a registered person
5 may apply to the Board to have particulars of a
post graduate qualification that is recognised by
the Board in addition to those approved for
registration noted on the register against the name
of that podiatrist.
10 (3) An application must be in writing and be
accompanied by the fee for the application fixed
by the Board together with evidence of the post
graduate qualifications that the applicant wants to
have noted on the register in addition to those
15 approved for registration purposes.
(4) The Board must publish a list of the post graduate
qualifications recognised under this section at
least once a year in a publication circulating
among podiatrists generally and make the list
20 available for inspection during normal business
hours at the office of the Board without charge.
13. Restoration of name to the register
If a person whose name has been removed from
the register under section 11(3)--
25 (a) applies to the Board within 2 years from the
date of that removal to have his or her name
restored to the register; and
(b) pays to the Board the fee fixed by the Board
for that purpose within that period--
30 the Board may restore that person's name to the
register.
14. Effect of suspension of registration
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For the purposes of this Act, a podiatrist whose
registration is suspended is deemed to be not
registered for the period of that suspension.
5 15. Registration obtained by fraud
(1) If the Board believes that the registration of a
podiatrist has been obtained by fraud or
misrepresentation or that the qualifications upon
which the podiatrist relied for registration have
10 been withdrawn the Board must conduct a hearing
into the matter.
(2) The Board must give notice of the time and place
of the hearing to the podiatrist.
(3) The provisions applying to the conduct of a
15 formal hearing under Part 3 apply to a hearing
under this section as if a hearing under this section
were a formal hearing.
(4) If, at the end of the hearing, the Board determines
that the registration of the podiatrist has been
20 obtained by fraud or misrepresentation or that the
qualifications upon which the podiatrist has relied
for registration have been withdrawn, the Board
must cancel the registration of the podiatrist.
Division 2--The Register
25 16. The Register
(1) The Board must cause to be kept a register of all
podiatrists to whom the Board has granted
registration under this Act.
(2) The register is to be called the Register of
30 Podiatrists.
(3) The following particulars must be included on the
register against the name of the podiatrist to
whom they apply--
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(a) any current suspension of the registration of
the podiatrist;
(b) any current condition, limitation or
restriction imposed on the registration of the
5 podiatrist;
(c) any post-graduate qualifications recognised
by the Board in addition to those approved
for registration purposes;
(d) the prescribed information.
10 (4) The register may be inspected at the office of the
Board by any person during ordinary office hours
without charge.
(5) A person may obtain a copy of or an extract from
the register on payment of the fee fixed by the
15 Board.
(6) A registered podiatrist's private address must not
appear on that part of the register which is open to
the public for inspection, unless the podiatrist so
authorises.
20 17. Certificates
(1) Upon--
(a) granting registration to a person under this
Part; or
(b) renewing the registration of a person under
25 this Part--
the Board must issue a certificate of registration to
that person.
(2) The following particulars must be included on a
certificate of registration--
30 (a) any condition, limitation or restriction
imposed on the registration of the podiatrist;
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(b) any post-graduate qualifications recognised
by the Board in addition to those recognised
for registration purposes;
(c) the prescribed information.
5 (3) If a podiatrist's registration under this Part has
been suspended or cancelled, that podiatrist must
return his or her certificate of registration to the
Board.
Penalty: 20 penalty units.
10 18. Use of certificate as evidence
A certificate purporting to be signed by the
President or any two members of the Board to the
effect that--
(a) a podiatrist is or is not or was or was not, at
15 any specified date, registered; or
(b) that any disciplinary or other action is or is
not or was or was not, at any specified date,
being taken against that podiatrist--
is evidence, and, in the absence of evidence to the
20 contrary, is proof of the matters stated in it.
19. Requirement to notify the Board of change of address
A registered podiatrist must notify the Board of
any change of the address of the podiatrist which
appears on the register within 14 days after that
25 change.
Penalty: 10 penalty units.
_______________
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Act No.
PART 3--INVESTIGATIONS INTO REGISTERED
PODIATRISTS
Division 1--Preliminary investigations into professional
conduct
5 20. Complaints about the professional conduct of
podiatrists
A person may make a complaint about a
registered podiatrist to the Board.
21. When complaints about professional conduct are to be
10 investigated by Health Services Commissioner
(1) If the Board receives a complaint about a
registered podiatrist, and the complaint is of a
kind which may be made under the Health
Services (Conciliation and Review) Act 1987,
15 the Board must notify the Health Services
Commissioner and give a copy of the complaint to
the Health Services Commissioner as soon as
possible after it has received the complaint.
(2) The Board, in consultation with the Health
20 Services Commissioner, must determine whether
or not the complaint is to be dealt with by the
Commissioner or the Board.
(3) The Health Services (Conciliation and Review)
Act 1987 applies to a complaint made under this
25 Part which is to be dealt with by the Health
Services Commissioner as if the complaint were
made under Part 3 of that Act.
(4) The Board must not deal further with a complaint
made under this Part that is to be dealt with by the
30 Health Services Commissioner unless the Health
Services Commissioner refers the matter back to
the Board under section 19(6) of the Health
Services (Conciliation and Review) Act 1987.
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(5) If a complaint has been referred to and is being
dealt with by the Health Services Commissioner,
the Commissioner must advise the Board, when
the matter is completed, of the outcome of the
5 matter.
22. When complaints about professional conduct are to be
investigated by the Board
(1) The Board must investigate a complaint
concerning the professional conduct of a
10 registered podiatrist unless--
(a) the complaint is to be dealt with by the
Health Services Commissioner under section
21; or
(b) the Board has determined the complaint to
15 be frivolous or vexatious.
(2) In order to determine whether or not it is
necessary to conduct a formal or informal hearing
into a complaint, the Board must conduct a
preliminary investigation into the complaint.
20 (3) The Board may, in writing, delegate to--
(a) an officer of the Board; or
(b) an investigator retained by the Board; or
(c) a member of the Board or a number of
members not exceeding 3--
25 its power to conduct a preliminary investigation
into a complaint, other than its power to make
determinations upon a preliminary investigation.
23. Outcome of preliminary investigation
(1) Upon completing a preliminary investigation, the
30 person or persons conducting the investigation
may make one of the following
recommendations--
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(a) that the investigation into the matter should
not proceed further; or
(b) that an informal or formal hearing should be
held into the matter.
5 (2) The Board must determine whether or not to act
on the recommendations of any person conducting
the preliminary investigation.
24. Board may institute a hearing into professional
conduct
10 The Board may, of its own motion, determine to
conduct a formal or informal hearing into the
professional conduct of a registered podiatrist
without conducting a preliminary investigation.
25. Suspension of registration upon commencement of
15 investigation
(1) The Board, upon making a determination--
(a) to conduct a preliminary investigation into a
complaint made to the Board about the
professional conduct of a registered
20 podiatrist; or
(b) to conduct a formal or informal hearing into
the professional conduct of a registered
podiatrist without preliminary
investigation--
25 may suspend the registration of the podiatrist until
any investigation and any hearing into the matter
is completed if the Board is of the opinion that it
is necessary to do so because there is a serious
risk that the health and safety of the public will be
30 endangered.
(2) If the Board has suspended the registration of a
podiatrist under sub-section (1), it must--
(a) immediately notify the podiatrist of that
suspension; and
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Act No.
(b) ensure that the matter is investigated as soon
as possible after that suspension.
Division 2--Preliminary investigation into the health of
registered podiatrists
5 26. Commencement of preliminary investigation
If the Board believes the ability of a podiatrist to
practise podiatry may be affected because--
(a) of the physical or mental health of the
podiatrist; or
10 (b) the podiatrist has an incapacity; or
(c) the podiatrist is an alcoholic or drug
dependent person--
the Board may appoint one of its members to
conduct a preliminary investigation into the
15 matter.
27. Notification to podiatrist
(1) The member of the Board appointed to investigate
the matter must give notice of the preliminary
investigation to the podiatrist.
20 (2) A notice under sub-section (1) must--
(a) be in writing; and
(b) be sent by registered post as soon as possible
after the Board's decision has been made;
and
25 (c) advise the podiatrist of the nature of the
matter to be investigated; and
(d) ask the podiatrist to advise the Board as to
whether or not he or she will agree to
undergo a medical examination within 28
30 days after receiving the notice; and
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(e) advise the podiatrist of the procedures that
can be taken under this Part.
28. Medical examination
(1) If the podiatrist agrees to undergo a medical
5 examination within 28 days, the podiatrist must be
examined by a registered medical practitioner who
is agreed upon by the Board and the podiatrist.
(2) If the Board and the podiatrist are unable to agree
upon a registered medical practitioner to conduct
10 the examination, the Minister must appoint a
registered medical practitioner to perform the
examination.
(3) The Board must pay for the examination.
29. Report of examination
15 (1) The examining medical practitioner must give a
report of his or her examination to the member of
the Board appointed to investigate the matter, and,
not more than 7 days later, to the podiatrist being
investigated.
20 (2) The person appointed to investigate the matter
must discuss the report with the podiatrist, and, in
the case of an adverse finding in the report, the
possible ways of dealing with that finding.
(3) After discussing the report with the podiatrist, the
25 person appointed to investigate the matter must
report to the Board.
(4) Despite sub-section (1), if the report contains
information of a medical or psychiatric nature
concerning the podiatrist, and it appears to the
30 person appointed to conduct the investigation that
the disclosure of that information to the podiatrist
might be prejudicial to the physical or mental
health or well being of the podiatrist, the
investigator may decide not to give that
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information to the podiatrist but to give it instead
to another podiatrist nominated by that podiatrist.
(5) Before acting under sub-section (4), the
investigator must report to the Board and, if the
5 investigator is not a podiatrist and the Board is of
the opinion that it is necessary for the
investigation of the matter to be continued by a
podiatrist, the Board may appoint a podiatrist to
continue the investigation.
10 30. Outcome of preliminary investigation
(1) If, after considering the reports given under
section 29, the Board decides that further action
should be taken, the Board must ask the podiatrist
whether or not he or she is prepared to agree to--
15 (a) alter the way in which he or she practises
podiatry; or
(b) the imposition of conditions, limitations or
restrictions on his or her registration; or
(c) the suspension of his or her registration for
20 the period of time specified by the Board.
(2) The Board may take any action that is necessary
to implement an agreement under sub-section (1).
31. Referral to formal hearing
If a registered podiatrist who is the subject of a
25 preliminary investigation under this Division--
(a) does not agree to undergo a medical
examination or does not abide by an
agreement to undergo a medical
examination; or
30 (b) does not reach an agreement with the Board
under section 30 or does not abide by an
agreement reached with the Board under
section 30--
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the Board may refer the matter to a formal
hearing.
32. Request for conditions, limitations or restrictions
(1) A registered podiatrist who believes that his or her
5 ability to practise podiatry is affected because--
(a) of his or her physical or mental health; or
(b) he or she has an incapacity; or
(c) he or she is an alcoholic or drug-dependent
person--
10 may ask the Board to impose a condition,
limitation or restriction on his or her practice.
(2) If the Board and the podiatrist agree upon the
condition, limitation or restriction to be imposed,
the Board may impose it.
15 (3) If the podiatrist and the Board do not agree upon
the condition, limitation or restriction to be
imposed, the Board must refer the matter to a
preliminary investigation.
33. Revocation of suspension of registration or condition,
20 limitation or restriction imposed on registration
The Board may revoke a condition, limitation or
restriction imposed on the registration of a
registered podiatrist or the suspension of a
registered podiatrist's registration, if the podiatrist
25 satisfies the Board that his or her ability to
practise podiatry is no longer affected.
34. Immediate suspension of registration
(1) If the Board has referred a matter to a formal
hearing under this Division, the Board may
30 suspend the registration of the podiatrist until the
hearing is completed, if the Board is of the
opinion that the ability of the podiatrist to practise
podiatry is affected to such an extent that to allow
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the podiatrist to continue to practise would pose a
serious risk that the health and safety of the public
will be endangered.
(2) If the Board has suspended the registration of a
5 podiatrist under sub-section (1), it must--
(a) immediately notify the podiatrist of that
suspension; and
(b) ensure that the matter is investigated as soon
as possible after that suspension.
10 Division 3--Formal and Informal Hearings
35. Establishment and notification of an informal
hearing
If the Board has determined that an informal
hearing be held into the professional conduct of a
15 registered podiatrist under section 23 or 24, the
Board must--
(a) appoint a panel to hold the hearing; and
(b) fix a time and place for the hearing to be
held; and
20 (c) by registered post, serve a notice on the
podiatrist which complies with section 37;
and
(d) serve notice on any complainant by
registered post under section 53(4)(a) and
25 (b).
36. Constitution of a panel for an informal hearing
(1) A panel appointed under section 35 is to consist of
not more than 3 persons--
(a) who are to be members of the Board; and
30 (b) of whom, at least 1 is to be a registered
podiatrist.
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(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
5 (b) the Board is of the opinion that a person with
special expertise is required for the
hearing--
the Governor in Council may appoint persons who
are not members of the Board to fill the vacant
10 positions on the panel.
(3) A person who has undertaken a preliminary
investigation of the matter is not entitled to be a
member of the panel.
37. Notice of an informal hearing
15 A notice of an informal hearing under section 35
must--
(a) state the nature of the hearing and the
allegations made against the podiatrist; and
(b) give the time and place of the hearing; and
20 (c) state that the podiatrist may choose to have
the matter determined by a formal hearing
and state the differences between a formal
and informal hearing; and
(d) state that there is no right to legal
25 representation at the hearing, but that the
podiatrist is entitled to be present and to
make submissions and to be accompanied by
another person, that the hearing is not open
to the public and list the possible findings
30 the panel can make or orders the panel can
give.
38. Conduct of an informal hearing
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At an informal hearing--
(a) the panel must hear and determine the matter
before it; and
(b) the podiatrist who is the subject of the
5 hearing is entitled to be present, to make
submissions and to be accompanied by
another person but is not entitled to be
represented; and
(c) the proceedings of the hearing must not be
10 open to the public.
39. Findings and determinations of an informal hearing
(1) After considering all the submissions made to the
hearing the panel may find either--
(a) that the podiatrist has, whether by act or
15 omission, engaged in unprofessional conduct
which is not of a serious nature; or
(b) that the podiatrist has not engaged in
unprofessional conduct.
(2) If the panel finds that the podiatrist has, whether
20 by act or omission, engaged in unprofessional
conduct which is not of a serious nature, the panel
may make one or more of the following
determinations--
(a) that the podiatrist undergo counselling;
25 (b) that the podiatrist be cautioned;
(c) that the podiatrist be reprimanded.
40. Change of informal hearing to formal hearing during
course of hearing
If, before the end of the hearing--
30 (a) the podiatrist who is the subject of the
hearing fails to attend the hearing without
good cause; or
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(b) the podiatrist requests that a formal hearing
be held; or
(c) the panel is of the opinion that a formal
hearing should be held--
5 the panel must abandon the informal hearing and
refer the matter to a formal hearing.
41. Request for formal hearing upon completion of
informal hearing
Upon the completion of an informal hearing, the
10 podiatrist who was the subject of the hearing may
request that a formal hearing be held to review
any findings and determinations of the informal
hearing.
42. Establishment and notification of formal hearing
15 If--
(a) the Board has determined that a formal
hearing be held under section 23 or 24 or has
referred a matter to a formal hearing under
section 31; or
20 (b) a podiatrist has requested a formal hearing
under section 41; or
(c) a panel has referred a matter to a formal
hearing under section 40--
the Board must--
25 (d) appoint a panel to hold the hearing; and
(e) fix a time and place for the hearing to be
conducted; and
(f) serve a notice on the podiatrist by registered
post which complies with section 44; and
30 (g) serve a notice on any complainant by
registered post under section 53(4)(a) and
(b).
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43. Constitution of a hearing panel for a formal hearing
(1) A panel appointed under section 42 must consist
of not less than 3 persons--
(a) who are to be members of the Board; and
5 (b) of whom 1 is to be a lawyer and at least 1 is
to be a registered podiatrist.
(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
10 available to sit on it; or
(b) the Board is of the opinion that a person with
special expertise is required for the
hearing--
the Governor in Council may appoint persons who
15 are not members of the Board to fill the vacant
positions on the panel.
(3) The following people are not entitled to be
members of a panel for a formal hearing--
(a) a person who has undertaken a preliminary
20 investigation of the matter which is the
subject of the hearing;
(b) a person who has been a member of a panel
which held an informal hearing into the
matter.
25 44. Notice of a formal hearing
A notice of a formal hearing under section 42
must--
(a) state the nature of the hearing and the
allegations made against the podiatrist; and
30 (b) give the time and place of the hearing; and
(c) state that there is a right to make submissions
and to be represented, that the hearing is
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open to the public, list the possible findings
the panel can make and state that there is a
right to apply for a review of the panel's
findings.
5 45. Conduct of a formal hearing
At a formal hearing--
(a) the hearing panel must hear and determine
the matter before it; and
(b) the podiatrist who is the subject of the
10 hearing is entitled to be present, to make
submissions and to be represented; and
(c) if the hearing arises out of a complaint, the
identity of the complainant is not to be
published or broadcast and the
15 complainant--
(i) in the case of a proceeding which has
not been closed under paragraph (d), is
entitled to be present; and
(ii) if not called as a witness, may make
20 submissions with the permission of the
Board; and
(d) the proceedings are to be open to the public
unless the panel determines that the
proceedings should be closed because the
25 hearing is taking evidence of intimate,
personal or financial matters and, if the panel
has determined that the proceedings are
closed, the panel may determine that the
identity of any witness giving evidence in
30 the proceedings is not to be published or
broadcast.
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46. Findings and determinations of a formal hearing into
conduct
(1) After considering all the submissions made to a
formal hearing into the professional conduct of a
5 registered podiatrist the panel may find that--
(a) the podiatrist has, whether by act or
omission, engaged in unprofessional conduct
of a serious nature; or
(b) the podiatrist has, whether by act or
10 omission, engaged in unprofessional conduct
which is not of a serious nature; or
(c) the podiatrist has not engaged in
unprofessional conduct.
(2) If the panel finds that the podiatrist has, whether
15 by act or omission, engaged in unprofessional
conduct of a serious nature, the panel may make
one or more of the following determinations--
(a) require the podiatrist to undergo counselling;
(b) caution the podiatrist;
20 (c) reprimand the podiatrist;
(d) require the podiatrist to undertake further
education of the kind stated in the
determination and to complete it within the
period specified in the determination;
25 (e) impose conditions, limitations or restrictions
on the registration of the podiatrist;
(f) impose a fine on the podiatrist of not more
than $2000;
(g) suspend the registration of the podiatrist for
30 the period specified in the determination;
(h) cancel the registration of the podiatrist.
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(3) If the panel finds under sub-section (1)(b) that the
podiatrist has, whether by act or omission,
engaged in unprofessional conduct which is not of
a serious nature, the panel may make any
5 determination which a panel at an informal
hearing is able to make upon making such a
finding.
(4) The panel must not impose a fine where the
conduct which is the subject of the finding has
10 resulted in a fine being imposed by another
tribunal or court of law.
(5) If the panel has made an order under sub-section
(2)(a) or (d) and the podiatrist has not complied
with the order within the time specified in the
15 order, the Board may suspend the podiatrist's
registration until the order is complied with.
47. Findings and determinations of a formal hearing into
ability to practise
(1) After considering all the submissions made to a
20 formal hearing into the ability to practise of a
registered podiatrist, the panel may find that--
(a) the ability of the podiatrist to practise is
affected because--
(i) of the physical or mental health of the
25 podiatrist; or
(ii) the podiatrist has an incapacity; or
(iii) the podiatrist is an alcoholic or drug-
dependent person; or
(b) the ability of the podiatrist is not affected.
30 (2) If the panel makes a finding under sub-section
(1)(a), the panel may make one or more of the
following determinations--
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(a) to impose conditions, limitations or
restrictions on the registration of the
podiatrist;
(b) to suspend the registration of the podiatrist
5 for the period and subject to the conditions,
limitations and restrictions, if any, specified
in the determination.
Division 4--General Provisions relating to Investigations
48. Procedure at formal and informal hearings
10 At a formal or informal hearing--
(a) subject to this Part, the procedure of a panel
is in its discretion; and
(b) the proceedings must be conducted with as
little formality and technicality as the
15 requirements of this Act and the proper
consideration of the matter permit; and
(c) a panel is not bound by rules of evidence but
may inform itself in any way it thinks fit;
and
20 (d) a panel is bound by the rules of natural
justice.
49. Powers of panel conducting a formal hearing
Sections 14, 15, 16 and 21A of the Evidence Act
1958 apply to a panel in the conduct of a formal
25 hearing as if it were a Board or the Chairman of a
Board appointed by the Governor in Council.
50. Determinations
(1) A determination made by a panel on a hearing
comes into operation on its making or at any later
30 time stated in the determination.
(2) A determination of a panel is to have effect as if it
were a determination of the Board.
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(3) If a fine is imposed by a panel it may be recovered
by the Board as a debt due to the Board.
51. Removal of suspension, condition, limitation or
restriction
5 (1) If the Board has suspended the registration of a
podiatrist until the completion of a hearing, and at
the completion of the hearing the panel determines
that the suspension should be removed, the Board
must remove the suspension.
10 (2) If a condition, limitation or restriction has been
imposed on the registration of a podiatrist, and, at
the completion of a hearing, the panel determines
that the condition, limitation or restriction should
be removed, the Board must remove that
15 condition, limitation or restriction.
52. Reasons for determinations of panel or Board
(1) A panel must give reasons for a determination
made under this Part, to the podiatrist who was the
subject of the determination within 28 days after
20 the making of the determination.
(2) A person affected by a determination of a panel
may apply to the panel for the reasons for that
determination.
(3) An application under sub-section (2) must be
25 made within 45 days after the making of the
determination and reasons must be given to the
applicant within 45 days after receiving the
application.
53. Notifications
30 (1) If a determination has been made by a panel--
(a) imposing conditions, limitations or
restrictions on the registration of a podiatrist;
or
(b) suspending the registration of a podiatrist; or
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(c) cancelling the registration of a podiatrist--
the Board must give notice of the determination--
(d) in the Government Gazette; and
(e) to the podiatry registration authorities in all
5 other States or Territories of the
Commonwealth and in New Zealand; and
(f) to the Health Services Commissioner; and
(g) if the podiatrist is an employee, to his or her
employer; and
10 (h) if the Board has received a request for
information about the person in respect of
whom the determination has been made from
a podiatry registration authority outside
Australia or New Zealand, that authority.
15 (2) Notice under sub-section (1) must be given as
soon as possible after the determination has been
made.
(3) No action for defamation lies against the Board or
its members for giving a notice under this section.
20 (4) If a complaint has been made to the Board, the
Board must notify the complainant--
(a) of whether or not a formal or informal
hearing is to be conducted into the matter
and, if so, of the time and place of the
25 hearing and, in the case of a formal hearing,
of the fact that the complainant's identity is
not to be published or broadcast; and
(b) in the case of a formal or informal hearing,
of whether or not the complainant has any
30 right to make submissions at the hearing; and
(c) of the findings and determinations of any
hearing arising from that complaint and the
reasons for those findings and
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determinations, within 28 days after their
having been made.
54. Offence to disclose information identifying
complainant
5 A person must not publish or broadcast or cause
to be published or broadcast any report of a formal
hearing under this Part which contains
information which would enable--
(a) the complainant to be identified; or
10 (b) if the panel has made a determination
prohibiting the publication or broadcast of
the identity of a witness, that witness to be
identified--
unless the complainant or witness has, before
15 publication or broadcast, consented to this.
Penalty: 50 penalty units for a natural person or
100 penalty units for a body corporate.
55. Terms and conditions of appointment of panel
members
20 (1) A member of a panel, whether appointed by the
Board or the Governor in Council, is appointed on
the terms and conditions determined by the Board
for that member.
(2) A member of a panel, other than a member who is
25 an officer or employee of the public service within
the meaning of the Public Sector Management
Act 1992, is entitled to receive the fees that are
fixed from time to time by the Governor in
Council for members of panels.
30 (3) A member of a panel is entitled to receive the
allowances that are fixed from time to time by the
Governor in Council.
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(4) In fixing fees under sub-section (2), the Governor
in Council may fix different fees for different
classes of cases.
(5) The Governor in Council may fix fees and
5 allowances by reference to the regulations or
guidelines made under the Public Sector
Management Act 1992.
_______________
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PART 4--REVIEW BY ADMINISTRATIVE APPEALS
TRIBUNAL
56. Review by AAT
(1) Without limiting section 27 of the Administrative
5 Appeals Tribunal Act 1984 a person may apply
to the Administrative Appeals Tribunal for review
of--
(a) a decision to refuse a person's application for
registration or renewal of registration; or
10 (b) a decision to impose conditions, limitations
or restrictions on a person's registration; or
(c) a decision of the Board to suspend the
registration of a person, if the Board has not
instituted an investigation into the
15 professional conduct or ability to practise of
that person within a reasonable time after
having suspended that registration; or
(d) a finding or determination made at a formal
hearing under Part 3.
20 (2) Despite section 27 of the Administrative
Appeals Tribunal Act 1984, sub-section (1) does
not apply to any decision of the Board--
(a) to refuse a person's application for
registration or renewal of registration; or
25 (b) to impose conditions, limitations or
restrictions on a person's registration--
as the result of applying mutual recognition
principles.
(3) The application must be made within 28 days after
30 the date on which the Board gives notice of the
decision or determination to the person concerned.
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(4) If a provision of this section is inconsistent with a
provision of the Administrative Appeals
Tribunal Act 1984, the provision of this section
prevails.
5 57. Notification
If a decision or determination has been reviewed
by the Administrative Appeals Tribunal, the
Board must notify any person who was notified of
the original decision or determination of any
10 change to that decision or determination by the
Administrative Appeals Tribunal.
_______________
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PART 5--OFFENCES
58. Claims by persons as to registration
(1) A person who is not a registered podiatrist must
not--
5 (a) take or use the title of registered podiatrist or
registered or any other title calculated to
induce a belief that the person is registered
under this Act; or
(b) claim to be registered under this Act or hold
10 himself or herself out as being registered
under this Act; or
(c) carry out any act which is required to be
carried out by a registered podiatrist by or
under an Act; or
15 (d) claim to be qualified to practise as a
podiatrist.
Penalty: 50 penalty units.
(2) A registered podiatrist whose registration is
specific must not--
20 (a) take or use any title calculated to induce a
belief that the podiatrist's registration is not
specific; or
(b) claim to have or hold himself or herself out
as having general registration.
25 Penalty: 50 penalty units.
(3) A registered podiatrist whose registration is
subject to a condition, limitation or restriction
must not--
(a) take or use any title calculated to induce a
30 belief that the podiatrist's registration is not
subject to a condition, limitation or
restriction; or
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(b) claim to have or hold himself or herself out
as having a registration which is not subject
to any condition, limitation or restriction.
Penalty: 50 penalty units.
5 (4) A person must not hold out another person as
being registered under this Act if the person
knows or ought reasonably to know that the other
person is not so registered.
Penalty: 50 penalty units.
10 59. Fraud, forgery etc.
A person must not--
(a) fraudulently or by false representation or
declaration (either orally or in writing)
obtain registration under the Act; or
15 (b) fraudulently or by false representation (either
orally or in writing) procure any person to be
registered under this Act; or
(c) forge, counterfeit or alter any certificate of
registration under this Act or any degree,
20 diploma or other evidence of qualifications
for registration under this Act.
Penalty: 240 penalty units or imprisonment for a
period of 2 years or both.
60. Advertising
25 (1) A person must not advertise a podiatry practice or
podiatry services in a manner which--
(a) is or is intended to be false, misleading or
deceptive; or
(b) offers a discount, gift or other inducement to
30 attract patients to a podiatrist or podiatry
practice unless the advertisement also sets
out the terms and conditions of that offer; or
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(c) refers to, uses or quotes from testimonials or
purported testimonials; or
(d) unfavourably contrasts podiatry services
provided by a podiatrist or podiatry practice
5 with services provided by another podiatrist
or podiatry practice.
Penalty: 50 penalty units for a natural person or
100 penalty units for a body corporate.
(2) If a body corporate contravenes sub-section (1),
10 any person who is concerned in or takes part in
the management of that body corporate who was,
in any way, by act or omission, directly or
indirectly, knowingly concerned in or party to the
commission of the offence also commits an
15 offence under sub-section (1) and is liable for the
penalty applicable to a natural person for that
offence.
(3) A person who, in good faith, publishes or prints
an advertisement which contravenes sub-section
20 (1) on behalf of another person, is not guilty of an
offence under that sub-section.
_______________
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PART 6--ADMINISTRATION
61. Establishment of Board
(1) There is established a Board to be called the
Podiatrists Registration Board of Victoria.
5 (2) The Board--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name;
10 and
(d) may acquire, hold and dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
body corporate may, by law, do and suffer.
15 (3) The common seal must be kept as directed by the
Board and must not be used except as authorised
by the Board.
(4) All courts must take judicial notice of the seal of
the Board on a document and, until the contrary is
20 proved, must presume that the document was
properly sealed.
62. Powers, functions and consultation requirements
(1) The Board has the following functions--
(a) to register persons who comply with the
25 requirements of this Act as to registration so
that they may hold themselves out as
registered podiatrists;
(b) to approve courses which provide
qualifications for registration as podiatrists;
30 (c) to regulate the standards of practice of
podiatry;
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Act No.
(d) to investigate the professional conduct or
fitness to practise of registered podiatrists
and impose sanctions where necessary;
(e) to recognise post-graduate courses in
5 podiatry in addition to those required for
registration;
(f) to issue guidelines about appropriate
standards of podiatry practice;
(g) to advise the Minister on any matters relating
10 to its functions;
(h) when so requested by the Minister, give to
the Minister any information reasonably
required by the Minister;
(i) any other functions conferred on the Board
15 by this Act.
(2) The Board has all the powers necessary to enable
it to perform its functions.
(3) The Board must consult with the Minister and
have regard to the Minister's advice in carrying
20 out its functions and exercising its powers.
63. Membership of the Board
(1) The Board consists of 7 members nominated by
the Minister and appointed by the Governor in
Council.
25 (2) Of the persons appointed to the Board--
(a) 4 must be registered podiatrists; and
(b) one must be a lawyer; and
(c) 2 must be persons who are not podiatrists;
30 64. Terms of office
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(1) A member of the Board holds office for not more
than 3 years from the date of his or her
appointment.
(2) A member of the Board is eligible for
5 reappointment.
(3) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
not apply to a member in respect of the office of
member.
10 65. Resignation and removal
(1) A member of the Board ceases to be a member if
he or she is absent, without leave first being
granted by the Board, from 3 consecutive
meetings of which reasonable notice has been
15 given to that member, either personally or by post.
(2) A member of the Board may resign the office of
member by writing signed by the member and
addressed to the Governor in Council.
(3) The Governor in Council may at any time remove
20 a member of the Board from office.
(4) If a member of the Board dies, resigns or is
removed from office, the Governor in Council
may, in accordance with this Act, on the
recommendation of the Minister, fill the vacant
25 office.
(5) A member appointed under sub-section (4) holds
office for the rest of the term of appointment of
the member whose place he or she fills.
66. President and Deputy President
30 (1) The Governor in Council may appoint members of
the Board who are registered podiatrists to be
President and Deputy President of the Board.
(2) A person appointed to an office under sub-section
(1) holds office for the term specified in his or her
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instrument of appointment and is eligible for
reappointment.
(3) A person appointed to an office under sub-section
(1) may resign that office by writing signed by the
5 person and addressed to the Governor in Council.
(4) The Governor in Council may at any time remove
a person appointed under sub-section (1) from
office.
(5) A person appointed to an office under sub-section
10 (1) ceases to hold that office on ceasing to be a
member of the Board.
67. Acting member
(1) If a member of the Board is unable to perform the
duties or functions of the office, the Governor in
15 Council may appoint a person qualified to be
appointed as that member to act as the member
during the period of inability.
(2) The Governor in Council--
(a) subject to this Act, may determine the terms
20 and conditions of appointment of an acting
member; and
(b) may at any time terminate the appointment.
(3) While the appointment of an acting member
remains in force, the acting member has and may
25 exercise all the powers and perform all the duties
and functions of the member.
68. Payment of members
(1) A member or acting member of the Board, other
than a member who is an officer or employee of
30 the public service within the meaning of the
Public Sector Management Act 1992, is entitled
to receive the fees that are fixed from time to time
by the Governor in Council for that member.
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(2) Each member or acting member of the Board is
entitled to receive the allowances that are fixed
from time to time by the Governor in Council.
(3) The Governor in Council may fix these fees or
5 allowances by reference to regulations or
guidelines made under the Public Sector
Management Act 1992.
69. Procedure of Board
(1) The President or, in the absence of the President,
10 the Deputy President must preside at a meeting of
the Board at which he or she is present.
(2) If neither the President nor Deputy President are
present at a meeting the members present may
elect a member to preside at the meeting.
15 (3) The person presiding at a meeting has a
deliberative vote and a second or casting vote.
(4) A majority of the members of the Board currently
holding office constitutes a quorum.
(5) Subject to this Act the Board may regulate its own
20 proceedings.
70. Member's interests
(1) A member who has a pecuniary or other interest in
any matter in which the Board is concerned
must--
25 (a) if the member is present at a meeting of the
Board at which the matter is to be
considered, disclose the nature of the interest
immediately before the consideration of that
matter; or
30 (b) if the member is aware that the matter is to
be considered at a meeting of the Board at
which the member does not intend to be
present, disclose the nature of the interest to
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the President or Deputy President of the
Board before the meeting is held.
(2) The member--
(a) may take part in the discussion in the
5 meeting; and
(b) must leave the meeting while any vote is
taken on a question relating to the matter.
71. Resolutions without meetings
(1) If--
10 (a) the Board has taken reasonable steps to give
notice to each member setting out the terms
of a proposed resolution; and
(b) a majority of the members for the time being
sign a document containing a statement that
15 they are in favour of the resolution in the
terms set out in the document--
a resolution in those terms is deemed to have been
passed at a meeting of the Board held on the day
on which the document is signed or, if the
20 members referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
those members signs the document.
(2) If a resolution is, under sub-section (1), deemed to
have been passed at a meeting of the Board, each
25 member must as soon as practicable be advised of
the matter and given a copy of the resolution.
(3) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
30 more members, are deemed to constitute one
document.
(4) The majority of members referred to in sub-
section (1)(b) must not include a member who,
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because of section 70, is not entitled to vote on the
resolution.
(5) This section does not apply to any resolution of
the Board relating to a matter being considered
5 under Part 3.
72. Approved methods of communication for Board
(1) If not less than two-thirds of the members of the
Board for the time being holding office so agree, a
meeting of the Board may be held by means of a
10 method of communication, or by means of a
combination of methods of communication,
approved by the President of the Board for the
purposes of that meeting.
(2) For the purposes of this Part, a member of the
15 Board who participates in a meeting held as
permitted by sub-section (1) is present at the
meeting even if he or she is not physically present
at the same place as another member participating
in the meeting.
20 (3) This section--
(a) applies to a meeting or a part of a meeting;
(b) does not apply to a meeting conducted for
the purposes of Part 3.
73. Effect of vacancy or defect
25 An act or decision of the Board is not invalid only
because--
(a) of a vacancy in its membership; or
(b) of a defect or irregularity in the appointment
of any of its members; or
30 (c) in the case of an acting member, the
occasion for that member so acting had not
arisen or had ceased.
74. Immunity
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(1) A member of the Board or person responsible for
keeping the register is not personally liable for
anything done or omitted to be done in good
faith--
5 (a) in the exercise of a power or the discharge of
a duty under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act.
10 (2) Any liability resulting from an act or omission
that would but for sub-section (1), attach to a
member of the Board or the person responsible for
keeping the register, attaches instead to the Board.
75. Staff
15 The Board may employ a person to be responsible
for maintaining the register and any other persons
that are necessary for the purposes of
administering this Act.
76. Delegation
20 The Board may, in writing, delegate to--
(a) a member of the Board; or
(b) the person responsible for maintaining the
register or any other member of the staff of
the Board--
25 its powers and functions under this Act, other
than--
(c) the power to refuse to grant or refuse to
renew registration; or
(d) the power to impose or to amend, vary or
30 revoke conditions, limitations or restrictions
on registration; or
(e) the power to conduct any hearing or to make
any determination under Part 2 or Part 3; or
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(f) this power to delegate.
_______________
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PART 7--REPORTING AND FINANCIAL PROVISIONS
77. Podiatrists Registration Board Fund
(1) The Board must establish and keep a Podiatrists
Registration Board Fund.
5 (2) All fees, fines and penalties paid or recovered by
the Board under this Act must be paid into the
Fund.
(3) The Board must pay any other money received by
it into the Fund, including income from the
10 investments of the Fund.
(4) Out of the Fund, the Board must pay--
(a) the expenses incurred by it in carrying out its
functions, powers and duties; and
(b) any other expenses incurred in the
15 administration of this Act; and
(c) any payments to be made to members of the
Board under this Act and any payments to be
made to other persons under this Act; and
(d) any other payments recommended by the
20 Board and approved by the Minister.
78. Investment powers
The Board may invest money credited to the Fund
that it does not immediately require--
(a) in any manner in which money may be
25 invested under the Trustee Act 1958; or
(b) in any other manner that the Minister
approves.
79. Repayment of advances
(1) The Board must pay into the public account the
30 amounts that the Minister administering section
14 of the Financial Management Act 1994, in
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consultation with the Treasurer, determines are
required to repay advances from the Public
Account for the establishment and operation of the
Board, including costs incurred before the
5 establishment of the Board to ensure that, when
established, it can operate in a fully effective way.
(2) Payments under sub-section (1) must be made in
accordance with any other terms and conditions
from time to time determined by the Minister
10 administering section 14 of the Financial
Management Act 1994 in consultation with the
Treasurer.
(3) The Board must, as and when directed to do so by
the Minister administering section 14 of the
15 Financial Management Act 1994, provide a plan
for the repayment of advances referred to in sub-
section (1).
(4) The Board must, at least once in each period of 6
months after the commencement of this section,
20 and at any other time that the Minister
administering section 14 of the Financial
Management Act 1994 directs it to do so, report
to that Minister in writing on its progress in
making payments under sub-section (1).
25 _______________
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PART 8--ENFORCEMENT AND SUPPLEMENTARY
POWERS
80. Proceedings for offences
(1) The person responsible for maintaining the
5 register or any other officer authorised by the
Board may take proceedings under this Act in the
name of the Board.
(2) Any prosecution instituted in the name of the
Board must, in the absence of evidence to the
10 contrary, be taken to have been instituted by the
Board.
81. Identification
(1) The Board must issue an identification card to
each person appointed by the Board to apply for
15 or execute search warrants for the purposes of this
Act.
(2) A person appointed by the Board must, in the
course of performing his or her functions under
this Act, produce his or her identification card to
20 any person who requests its production.
82. Powers of entry with warrant
(1) A person appointed for that purpose by the Board
may apply to a magistrate for the issue of a search
warrant in relation to particular premises if that
25 person believes, on reasonable grounds--
(a) that there is or has been a contravention of
this Act or the regulations on the premises;
or
(b) that entry into or onto the premises is
30 necessary for the purpose of investigating a
complaint made under this Act which, if
substantiated, may provide grounds for the
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suspension or cancellation of registration of
a podiatrist.
(2) If a magistrate is satisfied by evidence on oath,
whether oral or by affidavit, that there are
5 reasonable grounds for suspecting that there is on
the premises a particular thing that may be
evidence of the commission of an offence against
this Act or the regulations or of grounds for the
suspension or cancellation of the registration of a
10 podiatrist, the magistrate may issue a search
warrant authorising any person named in the
warrant--
(a) to enter the premises, or the part of the
premises named or described in the warrant;
15 and
(b) to search for and seize a thing named or
described in the warrant;
(c) to bring the thing before the Court so that the
matter may be dealt with according to law.
20 (3) In addition to any other requirement, a search
warrant issued for the purposes of this section
must state--
(a) the offence or grounds of suspension or
cancellation suspected; and
25 (b) the premises to be searched; and
(c) the name or a description of the thing to be
searched for; and
(d) any conditions to which the warrant is
subject; and
30 (e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
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(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in a
form prescribed under that Act.
(5) The rules to be observed with respect to search
5 warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
83. Announcement before entry
(1) Immediately before executing a search warrant, a
10 person named in the warrant must announce that
he or she is authorised by the warrant to enter the
premises.
(2) The person need not comply with sub-section (1)
if he or she believes on reasonable grounds that
15 immediate entry to the premises is required to
ensure the safety of any person or that the
effective execution of the search warrant is not
frustrated.
84. Copy of warrant to be given to occupier
20 If the occupier or another person who apparently
represents the occupier is present at premises
when a search warrant is being executed, the
person or persons named in the warrant must--
(a) identify themselves to that person by
25 producing their identification card for
inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
85. Copies or receipts to be given
30 (1) If a person seizes--
(a) a document, disk or tape or other thing that
can be readily copied; or
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(b) a storage device the information in which
can be readily copied--
under a warrant the person, on request by the
occupier, must give a copy of the thing or
5 information to the occupier as soon as practicable
after the seizure.
(2) If a person seizes a thing under a warrant and has
not provided a copy of the thing or information
under sub-section (1) the person must provide a
10 receipt for that thing as soon as practicable after
the seizure.
86. Powers of Board in relation to fees
(1) In the case of any fee which the Board is
empowered to fix under this Act--
15 (a) the Board must fix the fee for a period of 12
months and may amend or vary the fee at the
end of that period; and
(b) the Board may fix a different fee for a
different case and may allow for the
20 reduction, waiver or refund, in whole or in
part, of any fee; and
(c) the Board must publish any fee it has fixed
in a newspaper circulating generally
throughout Victoria and in the Government
25 Gazette.
(2) In fixing fees under this Act the Board is entitled
to ensure that the amount of money collected in
fees under this Act is sufficient to cover the cost
to the Board of administering this Act.
30 _______________
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PART 9--MISCELLANEOUS
87. Supreme Court--limitation of jurisdiction
It is the intention of section 53(3) to alter or vary
section 85 of the Constitution Act 1975.
5 88. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) registration, including periods of
registration, and renewal of registration, and
10 applications for registration, and renewal of
registration;
(b) the register, including particulars to be noted
on the register and the manner of keeping the
register;
15 (c) forms for the purposes of this Act;
(d) time limits for the purposes of this Act;
(e) penalties, not exceeding 10 penalty units, for
breaches of the regulations;
(f) any matter or thing required or permitted to
20 be prescribed or necessary to be prescribed
to give effect to this Act.
(2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
25 place or circumstance; and
(c) may apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification or method, formulated,
issued, prescribed or published by any
30 person whether--
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(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
5 made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
(d) may confer a discretionary authority on a
specified person.
10 _______________
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s. 89
Act No.
PART 10--SAVINGS, TRANSITIONAL AND AMENDMENTS
89. Definitions
In this Part--
"new Board" means the Podiatrists Registration
5 Board of Victoria established under this Act;
"old Act" means the Chiropodists Act 1968 as
in force immediately before its repeal;
"old Board" means the Chiropodists Registration
Board of Victoria established under the old
10 Act.
90. Repeal
No. 7765.
The Chiropodists Act 1968 is repealed.
91. New Board succeeds old Board
(1) On the commencement of this section--
15 (a) the old Board is abolished and its members
go out of office; and
(b) any rights, assets, liabilities and obligations
of the old Board, immediately before its
abolition, become assets, liabilities and
20 obligations of the new Board; and
(c) the new Board is substituted for the old
Board as a party in any proceeding, contract,
agreement or arrangement commenced or
made by, against or in relation to the old
25 Board; and
(d) the new Board may continue and complete
any other continuing matter or thing
commenced by, against or in relation to the
old Board.
30 (2) The assets that become assets of the new Board
under sub-section (1)--
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(a) if they are moneys or amounts standing to
the credit of any fund or account of the old
Board, must be taken to form part of the
Podiatrists Registration Board Fund; and
5 (b) if they are assets in which the funds of the
old Board have been invested, must be taken
to be investments of the Podiatrists
Registration Board Fund.
92. Proceedings before the old Board
10 (1) If an investigation or inquiry into the activities of
a registered chiropodist under the old Act has
commenced but not been completed before the
commencement of Part 3 of this Act--
(a) that investigation or inquiry may be
15 completed on and after that date; and
(b) any appeal or other further proceedings
which might have been taken in relation that
investigation or inquiry under the old Act
might be taken on and after that date--
20 by the old Board as if this Act had not been
enacted.
(2) The new Board must give effect to a decision
made on an inquiry, investigation or appeal
completed by the old Board as if it were a
25 decision under this Act.
93. Application of this Act to conduct occurring before
commencement of this Act
(1) In the case of activities of a person who is deemed
by section 94 to be a registered podiatrist under
30 this Act which occurred before the
commencement of Part 3 and in respect of which
no proceedings have been commenced under the
old Act, this Act applies to the extent that there
was power to conduct an inquiry under section 16
35 of the old Act into those activities.
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Act No.
(2) Any determination or outcome of a hearing into
those activities must be one which would have
been available as a finding or decision in an
inquiry by the Board under the old Act.
5 (3) This section does not apply to activities which are
the subject of proceedings to which section 92
applies.
94. Existing registrations
(1) A person who was registered as a chiropodist
10 under the old Act immediately before the
commencement of Part 2 of this Act is deemed to
have general registration under this Act.
(2) If a person is deemed to be registered under this
section, and the registration of that person under
15 the old Act, immediately before the
commencement of this section, was suspended,
the registration of that person under this Act is
deemed to be suspended for the remainder of the
period for which that person's registration would
20 have been suspended under the old Act.
(3) If a person is deemed to be registered under this
section, and the registration of that person under
the old Act, immediately before the
commencement of this section, was subject to
25 conditions, limitations or restrictions, the
registration of that person under this Act is
deemed to be subject to the same conditions,
limitations or restrictions as those to which the
registration under the old Act was subject.
30 (4) The registration of a person who is deemed to be
registered under this section expires (unless
sooner cancelled) at the end of the period for
which the person was registered under the old
Act.
35 95. References
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Unless inconsistent with the context or subject
matter, a reference in any Act (other than this Act)
or in any subordinate instrument within the
meaning of the Interpretation of Legislation Act
5 1984 to--
(a) a chiropodist registered under the old Act
who is deemed by section 93 to be registered
under this Act is to be taken to be a reference
to a registered podiatrist under this Act; and
10 (b) the old Board in relation to a chiropodist or
podiatrist is to be taken to be a reference to
the new Board.
96. Preparation of annual report
The new Board shall prepare the annual reports
15 that the old Board would have been required to
prepare under the Financial Management Act
1994 in respect of any part of the financial year
ending on 30 June 1999 during which the old
Board operated.
20 97. Minor consequential amendments
An Act specified in the heading to an item in the
Schedule is amended as set out in that item.
_______________
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Sch.
Act No.
SCHEDULE
CONSEQUENTIAL AMENDMENTS
1. Accident Compensation Act 1985
1.1 In section 5(1), in paragraphs (a) and (e) of the definition of
5 "medical service" for "registered chiropodist" substitute
"registered podiatrist".
2. Health Services (Conciliation and Review) Act 1987
2.1 In the Schedule--
(a) omit "The Chiropodists Registration Board of
10 Victoria";
(b) after "Physiotherapists Registration Board of
Victoria" insert "Podiatrists Registration Board of
Victoria".
3. Transport Accident Act 1986
15 3.1 In section 3(1), in paragraphs (a) and (e) of the definition of
"medical service" for "registered chiropodist" substitute
"registered podiatrist".
3.2 In section 134, in paragraphs (a) and (e) of the definition of
"therapeutic service" for "chiropodist" substitute
20 "registered podiatrist".
4. Workers Compensation Act 1958
4.1 In section 26(2)(d)(i) and (v) for "chiropodist" substitute
"registered podiatrist".
25
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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