Victorian Numbered Acts Victorian Numbered Acts(1) In section 3 of the Physiotherapists Registration Act 1998 insert the following definition—
' "professional indemnity insurance" includes insurance against civil liability in connection with the provision of physiotherapy services by a registered physiotherapist and an agreement or arrangement for discretionary indemnity in respect of that liability;'.
(2) In section 4(2)(c) of the Physiotherapists Registration Act 1998 for "insurance against civil liability" substitute "professional indemnity insurance".
(3) Section 6(1)(d) of the Physiotherapists Registration Act 1998 is repealed .
(4) After section 6(2)(g) of the Physiotherapists Registration Act 1998 insert —
"(ga) that, in the opinion of the Board, the physiotherapist does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board;".
(5) For section 6(3) of the Physiotherapists Registration Act 1998 substitute —
"(3) A grant of registration under this section is subject to any conditions, limitations or restrictions that the Board thinks fit.
(3A) Without limiting the Board's powers under sub-section (3), it may impose a condition—
(a) that—
(i) the physiotherapist must hold professional indemnity insurance; or
(ii) the physiotherapy services provided by the physiotherapist must be covered by professional indemnity insurance; or
(iii) the physiotherapist must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the physiotherapist is not a party to the professional indemnity insurance; and
(b) that the professional indemnity insurance must meet the minimum terms and conditions set out in the guidelines of the Board.
(3B) If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not—
(a) refuse to grant registration on the basis that the physiotherapist's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or
(b) impose a condition on the registration of a physiotherapist to require that the physiotherapist's arrangements for professional indemnity insurance must be in the form of insurance or a discretionary indemnity.".
(6) In section 6(4) of the Physiotherapists Registration Act 1998 after "(3)" insert "or (3A)".
(7) After section 7(1)(b) of the Physiotherapists Registration Act 1998 insert —
"(ba) if the Board is satisfied that, in order to meet an identified need for a physiotherapist, it is necessary for a person having qualifications and training in the nature of the applicant's to practise as a physiotherapist in Victoria; or".