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Queensland
OPTOMETRISTS
REGISTRATION BILL 2001
Queensland
OPTOMETRISTS REGISTRATION
BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 The legislative scheme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Board's decisions to accord with decisions of certain bodies under the
Health Practitioners (Professional Standards) Act 1999 . . . . . . . . . . . . . . . . 14
6 Mutual recognition legislation not affected. . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Objects
7 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 2--OPTOMETRISTS BOARD OF QUEENSLAND
Division 1--Establishment and functions
9 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Functions of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Board's independence etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Powers of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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16 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 21
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
24 Leave of absence for a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Board business
27 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . . 28
Division 7--Annual reports
37 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 8--Other provisions about the board
38 Board is statutory body under the Financial Administration and Audit
Act 1977 ............................................... 29
39 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision 2--Eligibility for general registration
43 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 31
45 Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 34
47 Appointment of appropriately qualified person to conduct health
assessment ............................................. 35
48 Report about health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 4--Decision on applications
51 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 37
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 6--Period of general registration
56 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 7--Conditions of general registration
57 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
58 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 3--Provisional general registration
59 Meaning of "authorised person" for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . 41
60 Provisional general registration of a person . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Optometrists Registration Bill 2001
61 Confirmation or cancellation of provisional general registration . . . . . . . . . 42
62 Procedure after cancellation of provisional general registration . . . . . . . . . . 43
63 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 43
64 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
65 Board decides to register provisional general registrant as a general
registrant .............................................. 44
66 Board decides to refuse to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
67 Deemed refusal by board to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
68 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 2--Applications for renewal of general registrations
69 Notification of imminent expiry of registration. . . . . . . . . . . . . . . . . . . . . . . 46
70 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
71 General registration taken to be in force while application is
considered ....................................... 47
Subdivision 3--Decision on applications
72 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
73 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
74 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . . 48
75 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 5--Restoration of general registrations
76 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
77 When an application for restoration of a general registration may be made. 50
78 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
79 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
80 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
81 When recency of practice conditions take effect. . . . . . . . . . . . . . . . . . . . . . 52
Division 6--Cancellation of general registrations
82 Ground for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
83 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
84 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 52
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85 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 53
86 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
87 Return of cancelled certificate of general registration to board . . . . . . . . . . 53
Division 7--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or District
Court
88 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
89 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
90 Review of conditions during review period. . . . . . . . . . . . . . . . . . . . . . . . . . 54
91 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
92 Application of ss 47-50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
93 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
94 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
95 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
96 Failure by board to make decision on application. . . . . . . . . . . . . . . . . . . . . 58
97 Failure by board to make decision on review agreed to under s 90 . . . . . . . 58
98 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 59
Subdivision 2--Recording change, or removal, of conditions
99 Amendment of, or replacing, certificates of general registration . . . . . . . . . 59
Division 8--Special purpose registrations
Subdivision 1--Applications for special purpose registration
100 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 60
101 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
102 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
103 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 62
104 Suitability to be a special purpose registrant. . . . . . . . . . . . . . . . . . . . . . . . . 62
105 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
106 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
107 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Subdivision 2--Renewal of special purpose registrations
108 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
109 Matters that may be considered in deciding whether to renew special
purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
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110 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
111 Period of renewed special purpose registration. . . . . . . . . . . . . . . . . . . . . . . 64
Subdivision 3--Cancellation of special purpose registrations
112 Application of div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
113 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Subdivision 4--Removal of conditions
114 Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 9--General provisions about registrations
115 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 66
116 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
117 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 67
118 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 67
119 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
120 Notification of certain events to interstate regulatory authorities and
other entities ........................................... 68
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
121 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
122 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
123 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 71
124 Restrictions on special purpose registrants, provisional general
registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . 71
125 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 72
Division 2--Notification of business names and other details
126 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
127 Notification of change in business names etc.. . . . . . . . . . . . . . . . . . . . . . . . 73
Division 3--Advertising
128 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
129 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 4--Registrants' autonomy
130 Aiding, abetting etc. conduct that is a ground for disciplinary action. . . . . . 75
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Division 5--Court orders and injunctions
131 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 75
132 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 6--Reprisals
133 Reprisal and grounds for reprisals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
134 Offence for taking reprisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
135 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 7--Other provisions
136 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . . 79
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
137 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
138 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
139 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 2--Appointment of inspectors and other matters
140 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
141 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
142 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
143 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
144 Production or display of inspector's identity card. . . . . . . . . . . . . . . . . . . . . 81
Division 3--Powers of inspectors
Subdivision 1--Entry of places
145 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Subdivision 2--Procedure for entry
146 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
147 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
148 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
149 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
150 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Subdivision 3--Powers after entry
151 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
152 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
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153 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Subdivision 4--Power to seize evidence
154 Seizing evidence at a place that may be entered without consent or
warrant ............................................. 87
155 Seizing evidence at a place that may only be entered with consent or
warrant .............................................. 88
156 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
157 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
158 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
159 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
160 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
161 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
162 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
163 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
164 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 5--Power to obtain information
165 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
166 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
167 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 93
168 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
169 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Division 4--General enforcement matters
170 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
171 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
172 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
173 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
174 Obstructing inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
175 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
PART 6--APPEALS
176 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
177 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
178 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
179 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
9
Optometrists Registration Bill 2001
180 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
181 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
182 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
183 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
184 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 2--Proceedings
185 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
186 Proceedings for indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
187 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 102
188 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 102
189 Allegations of false or misleading information or documents . . . . . . . . . . . 102
190 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
191 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 102
192 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 103
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
193 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
194 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 2--Records to be kept
195 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 3--Information
196 Confidentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
197 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 107
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
198 Definitions for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
199 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 108
200 Health records forming part of deceased estate. . . . . . . . . . . . . . . . . . . . . . . 108
201 Health records of persons convicted of an offence against s 121(1) or
(6) or 122 .............................................. 109
202 Dealing with certain health records seized under s 154 or 155. . . . . . . . . . . 109
10
Optometrists Registration Bill 2001
203 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
204 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 2--Continuing professional education of registrants
205 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 3--Other provisions
206 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
207 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 111
208 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 112
209 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
210 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
211 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
212 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
PART 10--REPEAL, TRANSITIONAL AND SAVINGS
PROVISIONS
Division 1--Repeal
213 Repeal of Optometrists Act 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 2--Transitional provisions
214 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
215 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 113
216 Board is the legal successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
217 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
218 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
219 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
220 Dealing with matter under Health Practitioners (Professional Standards)
Act 1999 ............................................... 114
221 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
222 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
223 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 116
224 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
225 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
226 Existing applications for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
227 Existing applications for restoration of registration . . . . . . . . . . . . . . . . . . . 118
228 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
11
Optometrists Registration Bill 2001
229 Approval of business names under repealed Act. . . . . . . . . . . . . . . . . . . . . . 119
230 Sections 126 and 129 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 119
231 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
232 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Division 3--Savings provisions
PART 11--CONSEQUENTIAL AND OTHER AMENDMENTS OF
ACTS
237 Amendment of Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
238 Amendment of Optometrists Act 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 122
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 124
CONSEQUENTIAL AMENDMENTS OF ACTS
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000 . . . 124
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 ............................................. 125
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 ............................................ 125
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 125
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 . 126
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 127
AMENDMENT OF OPTOMETRISTS ACT 1974
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 130
DICTIONARY
2001
A BILL
FOR
An Act to provide for the registration of optometrists, and for other
purposes
s1 14 s5
Optometrists Registration Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Optometrists Registration Act 2001. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Division 2--Operation of Act 8
3 Act binds all persons 9
(1) This Act binds all persons, including the State. 10
(2) Nothing in this Act makes the State liable to be prosecuted for an 11
offence. 12
4 The legislative scheme 13
This Act is part of a legislative scheme (the "legislative scheme") 14
consisting of the health practitioner registration Acts, the Health 15
Practitioner Registration Boards (Administration) Act 1999 and the Health 16
Practitioners (Professional Standards) Act 1999. 17
5 Board's decisions to accord with decisions of certain bodies under 18
the Health Practitioners (Professional Standards) Act 1999 19
(1) This section applies if the board is making-- 20
(a) a decision on an application for registration; or 21
(b) a decision, under this Act, affecting a registrant's registration. 22
s6 15 s8
Optometrists Registration Bill 2001
(2) The decision must comply with, and be consistent with, any decision 1
of the board, a disciplinary committee, a professional conduct review 2
panel, the Health Practitioners Tribunal or the Court of Appeal, affecting 3
the applicant or registration, under the Health Practitioners (Professional 4
Standards) Act 1999. 5
6 Mutual recognition legislation not affected 6
This Act does not affect the operation of the Mutual Recognition 7
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 8
(Queensland) Act 1999. 9
Division 3--Objects 10
7 Objects of Act 11
(1) The objects of this Act are-- 12
(a) to protect the public by ensuring health care is delivered by 13
registrants in a professional, safe and competent way; and 14
(b) to uphold the standards of practice within the profession; and 15
(c) to maintain public confidence in the profession. 16
(2) The objects are to be achieved mainly by-- 17
(a) establishing the Optometrists Board of Queensland; and 18
(b) providing for the registration of persons under this Act; and 19
(c) imposing obligations on persons in relation to the practice of the 20
profession; and 21
(d) providing for compliance with this Act to be monitored and 22
enforced. 23
Division 4--Interpretation 24
8 Definitions 25
The dictionary in schedule 4 defines particular words used in this Act. 26
s9 16 s 11
Optometrists Registration Bill 2001
PART 2--OPTOMETRISTS BOARD OF QUEENSLAND 1
Division 1--Establishment and functions 2
9 Establishment of board 3
(1) The Optometrists Board of Queensland is established. 4
(2) The board-- 5
(a) is a body corporate; and 6
(b) has a common seal; and 7
(c) may sue and be sued in its corporate name. 8
10 Board's relationship with the State 9
The board does not represent the State. 10
11 Functions of board 11
The board has the following functions-- 12
(a) to assess applications for registration; 13
(b) to register persons who satisfy the requirements for registration; 14
(c) to monitor, and assess, whether registrants comply with any 15
conditions of registration; 16
(d) to keep a register of, and records relating to, registrants; 17
(e) to promote high standards of practice of the profession by 18
registrants; 19
(f) to develop or adopt programs for the continuing professional 20
education of registrants, and encourage their participation in the 21
programs; 22
(g) to develop or adopt training programs in the practice of the 23
profession that are relevant to a person's eligibility for 24
registration; 25
26
Example of `training programs'--
27
Refresher courses for persons who have not practised the profession for a
28
number of years.
s 12 17 s 13
Optometrists Registration Bill 2001
(h) to confer and cooperate with interstate regulatory authorities; 1
(i) to confer and cooperate with entities engaged in the development 2
of national policies about the regulation of the profession; 3
(j) to confer and cooperate with the following entities about the 4
education of persons in the practice of the profession-- 5
(i) educational institutions; 6
(ii) entities responsible for accrediting courses, or accrediting 7
institutions to educate persons, for the profession; 8
(k) to inform registrants and the public about the operation of the 9
legislative scheme in its application to the profession; 10
(l) to examine, and advise the Minister about, the operation of the 11
legislative scheme in its application to the profession; 12
(m) to monitor, and enforce, compliance with this Act; 13
(n) to undertake research, relevant to the legislative scheme, into the 14
regulation of the profession; 15
(o) to collect, and give to persons, information about the practice of 16
the profession by registrants; 17
18
Example of `information about the practice of the profession by registrants'--
19
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 20
another Act. 21
22
Example for paragraph (p)--
23
Under the Health Practitioners (Professional Standards) Act 1999,
24
section 374, the board may develop codes of practice, or adopt another
25
entity's code of practice, to provide guidance to registrants as to
26
appropriate professional conduct or practice.
12 Board's independence etc. 27
In performing its functions, the board is to act independently, impartially 28
and in the public interest. 29
13 Powers of board 30
(1) The board has all the powers of an individual, and may, for 31
example-- 32
s 14 18 s 14
Optometrists Registration Bill 2001
(a) enter into contracts; and 1
(b) enter into service agreements; and 2
(c) acquire, hold, dispose of, and deal with, property; and 3
(d) appoint agents and attorneys; and 4
(e) engage consultants; and 5
(f) fix charges, and other terms, for services and other facilities it 6
supplies; and 7
(g) do anything else necessary or convenient to be done for, or in 8
connection with, its functions. 9
(2) This section does not authorise the board to obtain administrative and 10
operational support other than as required by the Health Practitioner 11
Registration Boards (Administration) Act 1999. 12
(3) Without limiting subsection (1), the board has the powers given to it 13
under this or another Act. 14
(4) The board may exercise its powers inside or outside Queensland. 15
(5) Without limiting subsection (4), the board may exercise its powers 16
outside Australia. 17
14 Delegation by board 18
(1) The board may delegate its powers under this Act to-- 19
(a) a member; or 20
(b) a committee of the board consisting of appropriately qualified 21
persons, 1 of whom must be a member; or 22
(c) the executive officer; or 23
(d) with the agreement of the executive officer--an appropriately 24
qualified member of the office's staff. 25
(2) However, the board may not delegate its power under this Act-- 26
(a) to decide to register, or refuse to register, an applicant for 27
registration; or 28
(b) to decide to refuse to renew a renewable registration; or 29
(c) to decide to refuse to restore a renewable registration; or 30
(d) to decide to cancel a registration; or 31
s 15 19 s 15
Optometrists Registration Bill 2001
(e) to decide to impose, or remove, conditions on a registration; or 1
(f) to enter into a service agreement. 2
(3) In this section-- 3
"appropriately qualified" includes having the qualifications, experience 4
or standing appropriate to exercise the power. 5
6
Example of `standing' for a member of the office's staff--
7
The staff member's classification level in the office.
Division 2--Membership 8
15 Membership of board 9
(1) The board consists of at least 7, but not more than 11, members 10
appointed by the Governor in Council. 11
(2) The board must include-- 12
(a) persons who are general registrants (the "registrant members"); 13
and 14
(b) persons (the "public members") having an interest in, and 15
knowledge of, consumer health issues who are not, and have not 16
been-- 17
(i) registered under a health practitioner registration Act or an 18
earlier corresponding Act; or 19
(ii) registered or enrolled under the Nursing Act 1992 or an 20
earlier corresponding Act; or 21
(iii) registered or enrolled under a law applying, or that applied, 22
in another State or foreign country that provides, or 23
provided, for the same matter as a health practitioner 24
registration Act or the Nursing Act 1992 or a provision of 25
the Act; and 26
(c) 1 lawyer nominated by the Minister. 27
(3) Also, the Minister may nominate persons who do not belong to the 28
categories of persons mentioned in subsection (2) to be members. 29
(4) A majority of the members must be registrant members. 30
(5) In this section-- 31
s 16 20 s 18
Optometrists Registration Bill 2001
"earlier corresponding Act", in relation to a health practitioner 1
registration Act, means an earlier Act that provided for the same 2
matter as the health practitioner registration Act or a provision of the 3
health practitioner registration Act. 4
"earlier corresponding Act", in relation to the Nursing Act 1992, means 5
an earlier Act that provided for the same matter as the Nursing Act 6
1992 or a provision of the Nursing Act 1992. 7
16 Registrant members 8
The registrant members must consist of-- 9
(a) at least 2 general registrants nominated by the bodies the 10
Minister considers represent the interests of registrants; and 11
(b) if there are educational institutions established in the 12
State--1 general registrant nominated by the governing bodies of 13
the institutions chosen by the Minister; and 14
(c) at least 1 general registrant nominated by the Minister. 15
17 Public members 16
The public members must consist of-- 17
(a) at least 1 person nominated by community groups and other 18
entities the Minister considers have an interest in consumer 19
health issues; and 20
(b) at least 1 other person nominated by the Minister. 21
18 Certain nominee board members 22
(1) This section applies for the nomination of a person or persons for a 23
position or positions on the board under section 16(a) or (b) or 17(a). 24
(2) The Minister must give the entities who may make the nomination 25
notice stating a reasonable period within which they may nominate the 26
person or persons for the position or positions. 27
(3) The Minister may in the notice ask the entities to nominate more than 28
the required number of persons for the position or positions. 29
(4) Subject to subsections (5) and (6), if the entities nominate more than 30
the required number of persons for the position or positions-- 31
s 19 21 s 19
Optometrists Registration Bill 2001
(a) the Minister must choose the nominee or nominees for the 1
position or positions from the nominations; and 2
(b) the person or persons chosen are taken to be the nominee or 3
nominees, under the relevant provision mentioned in 4
subsection (1), for the position or positions. 5
(5) Subsection (6) applies if-- 6
(a) the entities do not nominate a person or persons for the position 7
or positions within the period stated in the notice; or 8
(b) the entities nominate a number of persons for the position or 9
positions that is less than the number requested by the Minister 10
under subsection (3); or 11
(c) the person or any of the persons nominated by the entities are not 12
eligible to be appointed to the position or positions concerned. 13
(6) The Minister must nominate a person or persons eligible to be 14
appointed to the position or positions and the nomination or nominations 15
are taken to have been made by the entities. 16
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 17
nomination under subsection (6) may be of, or include, a person or persons 18
nominated by the entities. 19
19 Chairperson and deputy chairperson of board 20
(1) The Governor in Council is to appoint a registrant member to be the 21
chairperson, and another registrant member to be the deputy chairperson, 22
of the board. 23
(2) A person may be appointed as the chairperson or deputy chairperson 24
at the same time the person is appointed as a member. 25
(3) The chairperson or deputy chairperson holds office for the term 26
decided by the Governor in Council, unless the person's term of office as a 27
member ends sooner than the person's term of office as chairperson or 28
deputy chairperson. 29
(4) A vacancy occurs in the office of chairperson or deputy chairperson 30
if the person holding the office resigns the office by signed notice of 31
resignation given to the Minister or ceases to be a registrant member. 32
(5) However, a person resigning the office of chairperson or deputy 33
chairperson may continue to be a member. 34
s 20 22 s 22
Optometrists Registration Bill 2001
(6) The deputy chairperson is to act as chairperson-- 1
(a) during a vacancy in the office of chairperson; and 2
(b) during all periods when the chairperson is absent from duty or, 3
for another reason, can not perform the functions of the office. 4
20 Term of appointment 5
A member is to be appointed for a term of not more than 4 years. 6
21 Disqualification from membership 7
(1) A person can not become, or continue as, a member if the person-- 8
(a) is affected by bankruptcy action; or 9
(b) is, or has been, convicted of an indictable offence; or 10
(c) is, or has been, convicted of an offence against this Act. 11
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 12
person-- 13
(a) is bankrupt; or 14
(b) has compounded with creditors; or 15
(c) as a debtor, has otherwise taken, or applied to take, advantage of 16
any law about bankruptcy. 17
22 Vacation of office 18
(1) A member is taken to have vacated office if the member-- 19
(a) resigns his or her position on the board by signed notice of 20
resignation given to the Minister; or 21
(b) can not continue as a member under section 21; or 22
(c) is absent without the board's permission from 3 consecutive 23
meetings of the board of which due notice has been given. 24
(2) Also, a member is taken to have vacated office in any of the 25
following circumstances-- 26
(a) if the member is a registrant member--the member stops being a 27
general registrant; 28
s 23 23 s 24
Optometrists Registration Bill 2001
(b) if the member is a public member--the member stops being a 1
person mentioned in section 15(2)(b); 2
(c) if the member was nominated, for membership of the board, 3
under section 15(2)(c)--the member stops being a lawyer. 4
(3) In this section-- 5
"meeting" means the following-- 6
(a) if the member does not attend--a meeting with a quorum 7
present; 8
(b) if the member attends--a meeting with or without a quorum 9
present. 10
23 When notice of resignation takes effect 11
A notice of resignation under section 19(4) or 22(1)(a) takes effect when 12
the notice is given to the Minister or, if a later time is stated in the notice, 13
the later time. 14
24 Leave of absence for a member 15
(1) The Minister may approve a leave of absence for a member (the 16
"approved absent member") of more than 3 months. 17
(2) The Minister may appoint another person to act in the office of the 18
approved absent member while the member is absent on the approved 19
leave. 20
(3) A person appointed under subsection (2) must belong to the same 21
category of persons mentioned in section 15(2) or (3) to which the 22
approved absent member belongs. 23
(4) If the approved absent member is the deputy chairperson, the 24
Minister may appoint another registrant member to act in the deputy 25
chairperson's office while the deputy chairperson is absent on the approved 26
leave. 27
s 25 24 s 29
Optometrists Registration Bill 2001
25 Effect of vacancy in membership of board 1
(1) Subsection (2) applies despite sections 15 to 17.1 2
(2) The performance of a function, or exercise of a power, by the board 3
is not affected merely because of a vacancy in the membership of the 4
board. 5
26 Remuneration of members 6
A member is entitled to be paid the fees and allowances decided by the 7
Governor in Council. 8
Division 3--Board business 9
27 Conduct of business 10
Subject to this division, the board may conduct its business, including its 11
meetings, in the way it considers appropriate. 12
28 Times and places of meetings 13
(1) Board meetings are to be held at the times and places the chairperson 14
decides. 15
(2) However, the chairperson must call a meeting if asked, in writing, to 16
do so by the Minister or at least the number of members forming a quorum 17
for the board. 18
29 Quorum 19
A quorum for the board is the number equal to one-half of the number of 20
its members or, if one-half is not a whole number, the next highest whole 21
number. 22
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 30 25 s 32
Optometrists Registration Bill 2001
30 Presiding at meetings 1
(1) The chairperson is to preside at all meetings of the board at which the 2
chairperson is present. 3
(2) If the chairperson is absent from a board meeting, but the deputy 4
chairperson is present, the deputy chairperson is to preside. 5
(3) If the chairperson and deputy chairperson are both absent from a 6
board meeting or the offices are vacant, a registrant member chosen by the 7
members present is to preside. 8
31 Conduct of meetings 9
(1) A question at a board meeting is decided by a majority of the votes of 10
the members present. 11
(2) Each member present at the meeting has a vote on each question to 12
be decided and, if the votes are equal, the member presiding also has a 13
casting vote. 14
(3) A member present at the meeting who abstains from voting is taken 15
to have voted for the negative. 16
(4) The board may hold meetings, or allow members to take part in its 17
meetings, by using any technology allowing reasonably contemporaneous 18
and continuous communication between members taking part in the 19
meeting. 20
21
Example of `technology allowing reasonably contemporaneous and continuous
22
communication'--
23
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 24
taken to be present at the meeting. 25
(6) A resolution is validly made by the board, even if it is not passed at a 26
board meeting, if-- 27
(a) a majority of the board members gives written agreement to the 28
resolution; and 29
(b) notice of the resolution is given under procedures approved by 30
the board. 31
32 Minutes 32
(1) The board must keep-- 33
s 33 26 s 34
Optometrists Registration Bill 2001
(a) minutes of its meetings; and 1
(b) a record of any resolutions made under section 31(6). 2
(2) Subsection (3) applies if a resolution is passed at a board meeting by 3
a majority of the members present. 4
(3) If asked by a member who voted against the passing of the 5
resolution, the board must record in the minutes of the meeting that the 6
member voted against the resolution. 7
Division 4--Board committees 8
33 Committees 9
(1) The board may establish committees of the board for effectively and 10
efficiently performing its functions. 11
(2) A committee may include a person who is not a member of the 12
board. 13
(3) The board is to decide the terms of reference of a committee. 14
(4) The functions of a committee are to-- 15
(a) advise and make recommendations to the board about matters, 16
within the scope of the board's functions, referred by the board to 17
the committee; and 18
(b) exercise powers delegated to it by the board.2 19
(5) A committee must keep a record of the decisions it makes when 20
exercising a power delegated to it by the board. 21
(6) The board may decide matters about a committee that are not 22
provided for under this Act, including, for example, the way a committee 23
must conduct meetings. 24
34 Remuneration of committee members 25
A committee member is entitled to be paid the fees and allowances 26
decided by the Governor in Council. 27
2 See section 14 for the board's power of delegation.
s 35 27 s 35
Optometrists Registration Bill 2001
Division 5--Disclosure of interests by board members and committee 1
members 2
35 Disclosure of interests 3
(1) This section applies to a board or committee member (the 4
"interested person") if-- 5
(a) the interested person has a direct or indirect interest in an issue 6
being considered, or about to be considered, by the board or 7
committee; and 8
(b) the interest could conflict with the proper performance of the 9
person's duties about the consideration of the issue. 10
(2) As soon as practicable after the relevant facts come to the interested 11
person's knowledge, the person must disclose the nature of the interest to a 12
board or committee meeting. 13
(3) Unless the board or committee otherwise directs, the interested 14
person must not-- 15
(a) be present when the board or committee considers the issue; or 16
(b) take part in a decision of the board or committee about the issue. 17
(4) The interested person must not be present when the board or 18
committee is considering whether to give a direction under subsection (3). 19
(5) If there is another person who must, under subsection (2), also 20
disclose an interest in the issue, the other person must not-- 21
(a) be present when the board or committee is considering whether 22
to give a direction under subsection (3) about the interested 23
person; or 24
(b) take part in making the decision about giving the direction. 25
(6) If-- 26
(a) because of this section, a board or committee member is not 27
present at a board or committee meeting for considering or 28
deciding an issue, or for considering or deciding whether to give 29
a direction under subsection (3); and 30
(b) there would be a quorum if the member were present; 31
s 36 28 s 36
Optometrists Registration Bill 2001
the remaining persons present are a quorum of the board or committee for 1
considering or deciding the issue, or for considering or deciding whether to 2
give the direction, at the meeting. 3
(7) A disclosure under subsection (2) must be recorded in the board's or 4
committee's minutes. 5
(8) If the interested person is a registrant member, the person does not 6
have a direct or indirect interest in an issue if the interest arises merely 7
because the person is a registrant. 8
Division 6--Directions by Minister 9
36 Minister's power to give directions in the public interest 10
(1) The Minister may give the board a written direction about a matter 11
relevant to the performance of its functions under this Act if the Minister is 12
satisfied it is necessary to give the direction in the public interest. 13
(2) Without limiting subsection (1), the direction may be to-- 14
(a) give reports and information; or 15
(b) apply to the board a policy, standard or other instrument applying 16
to a public sector unit. 17
(3) The direction can not be about-- 18
(a) the registering of, or refusal to register, an applicant for 19
registration; or 20
(b) the renewing of, or refusal to renew, a renewable registration; or 21
(c) the restoring of, or refusal to restore, a renewable registration; or 22
(d) the cancelling of a registration; or 23
(e) the imposing, or removal, of conditions on a registration. 24
(4) Despite section 12,3 the board must comply with the direction. 25
3 Section 12 (Board's independence etc.)
s 37 29 s 38
Optometrists Registration Bill 2001
Division 7--Annual reports 1
37 Matters to be included in annual report 2
(1) The board's annual report under the Financial Administration and 3
Audit Act 1977 for a financial year must include the following-- 4
(a) copies of all ministerial directions given to the board under 5
section 36 during the financial year; 6
(b) the number of registrants at the end of the financial year; 7
(c) details of the amount of the board's funds spent, in the financial 8
year, on investigations and inspections under part 5;4 9
(d) details of the amount of the board's funds spent, in the financial 10
year, on developing or adopting training programs in the practice 11
of the profession that are relevant to a person's eligibility for 12
registration; 13
(e) details of the amount of the board's funds spent in the financial 14
year on research, relevant to the legislative scheme, into the 15
regulation of the profession; 16
(f) details of any policies or programs developed, or initiatives 17
taken, by the board in the financial year for the general benefit of 18
users of registrants' services. 19
(2) However, the board must exclude from the copies mentioned in 20
subsection (1)(a) all information likely to identify a person mentioned in 21
the direction. 22
Division 8--Other provisions about the board 23
38 Board is statutory body under the Financial Administration and 24
Audit Act 1977 25
The board is a statutory body under the Financial Administration and 26
Audit Act 1977. 27
4 Part 5 (Investigation and enforcement)
s 39 30 s 42
Optometrists Registration Bill 2001
39 Board is statutory body under the Statutory Bodies Financial 1
Arrangements Act 1982 2
(1) The board is a statutory body under the Statutory Bodies Financial 3
Arrangements Act 1982. 4
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 5
sets out the way in which the board's powers under this Act are affected by 6
the Statutory Bodies Financial Arrangements Act 1982. 7
40 Board's common seal 8
The board's common seal is to be kept in the custody of a person 9
nominated by the board and may be used only as authorised by the board. 10
PART 3--REGISTRATION 11
Division 1--Preliminary 12
41 Who may apply for registration 13
Only an individual may apply for registration. 14
Division 2--Applications for general registration 15
Subdivision 1--Applications 16
42 Procedural requirements for applications 17
(1) An application for general registration must-- 18
(a) be made to the board; and 19
(b) be in the approved form; and 20
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 43 31 s 44
Optometrists Registration Bill 2001
(c) be accompanied by-- 1
(i) satisfactory evidence of relevant qualifications; and 2
(ii) the application fee prescribed under a regulation (the 3
"application fee"); and 4
(iii) the registration fee prescribed under a regulation (the 5
"registration fee"); and 6
(iv) any other documents, identified in the approved form, the 7
board reasonably requires; and 8
(v) if the applicant is registered under a corresponding law, 9
written details of any conditions of the registration. 10
(2) Information in the application must, if the approved form requires, be 11
verified by a statutory declaration. 12
Subdivision 2--Eligibility for general registration 13
43 Eligibility 14
(1) An applicant for general registration is eligible for general 15
registration if-- 16
(a) the applicant is qualified for general registration under 17
section 44; and 18
(b) the applicant is fit to practise the profession. 19
(2) Without limiting subsection (1), the board may be satisfied the 20
applicant is eligible for general registration by imposing conditions on the 21
registration under section 57.6 22
44 When applicant is qualified for general registration 23
(1) An applicant for general registration is qualified for general 24
registration if-- 25
(a) the applicant has a qualification prescribed under a regulation; or 26
6 Section 57 (Imposition of conditions by board)
s 45 32 s 45
Optometrists Registration Bill 2001
(b) the applicant has a qualification that is substantially equivalent 1
to, or based on similar competencies to that required for, a 2
current Australian or New Zealand qualification; or 3
(c) the applicant has passed a qualifying examination in the 4
profession set by or for, or recognised by, the board. 5
(2) In deciding whether subsection (1)(b) is satisfied, the board may 6
have regard to the following-- 7
(a) the advice and recommendations of-- 8
(i) an entity recognised by the board as competent to assess 9
qualifications in the profession; or 10
(ii) an entity responsible for accrediting courses, or accrediting 11
institutions to educate persons, for the profession; 12
(b) the attributes of the course leading to the applicant's 13
qualification; 14
15
Example of `attributes' of a course--
16
The course objectives and competencies.
(c) any other relevant issue. 17
(3) In this section-- 18
"current Australian or New Zealand qualification" means an Australian 19
or New Zealand qualification, mentioned in a regulation made under 20
subsection (1)(a), that may be conferred or awarded as a result of the 21
successful completion of a course offered, at the date of the 22
applicant's application for general registration, by the educational 23
institution mentioned in relation to the qualification. 24
45 Fitness to practise the profession 25
(1) In deciding whether an applicant for general registration is fit to 26
practise the profession, the board may have regard to the following-- 27
(a) the applicant's mental and physical health; 28
(b) the applicant's command of the English language; 29
(c) whether the applicant has been convicted of an indictable 30
offence; 31
s 45 33 s 45
Optometrists Registration Bill 2001
(d) whether the applicant has been convicted of an offence against 1
the repealed Act, this Act, the Health Practitioners (Professional 2
Standards) Act 1999 or a corresponding law; 3
(e) whether the applicant has been convicted of an offence, relating 4
to the practice of the profession, against a law applying, or that 5
applied, in the State, the Commonwealth, another State or a 6
foreign country (other than laws mentioned in paragraph (d)), 7
including, for example an offence of that type against-- 8
(i) the Health Act 1937; or 9
(ii) the Fair Trading Act 1989; 10
(f) if the applicant has been registered under this Act or the repealed 11
Act or is, or has been, registered under a corresponding law and 12
the registration was affected-- 13
(i) by the imposition of a condition--the nature of the 14
condition and the reason for its imposition; or 15
(ii) by its suspension or cancellation--the reason for its 16
suspension or cancellation; or 17
(iii) in another way--the way it was affected and the reason for 18
it being affected; 19
(g) if the qualification relied on by the applicant to obtain 20
registration was conferred or awarded on a day (the 21
"qualification day") that is more than 3 years before the date of 22
application, the nature, extent and period of any practice of the 23
profession by the applicant since the qualification day; 24
(h) any other issue relevant to the applicant's ability to competently 25
and safely practise the profession. 26
(2) In subsection (1)(c), (d) or (e), mention of a conviction does not 27
include a conviction that is not part of the applicant's criminal history. 28
(3) For subsection (1)(g)-- 29
(a) the passing of an examination mentioned in section 44(1)(c) is 30
taken to be a qualification; and 31
(b) the day the examination was passed is taken to be the 32
qualification day. 33
(4) The board may ask the commissioner of the police service for a 34
written report about an applicant's criminal history. 35
s 46 34 s 46
Optometrists Registration Bill 2001
(5) If asked by the board, the commissioner of the police service must 1
give the board a written report about the criminal history of the applicant, 2
including the criminal history in the commissioner's possession or to 3
which the commissioner has access. 4
(6) In this section-- 5
"criminal history", of an applicant, means the applicant's criminal history 6
as defined under the Criminal Law (Rehabilitation of Offenders) Act 7
1986, other than convictions for which the rehabilitation period has 8
expired, and not been revived, under that Act. 9
Subdivision 3--Inquiries into applications 10
46 Board's powers before deciding applications 11
(1) Before deciding the application, the board-- 12
(a) may investigate the applicant; and 13
(b) may, by notice given to the applicant, require the applicant to 14
give the board, within a reasonable time of at least 30 days stated 15
in the notice, further information or a document the board 16
reasonably requires to decide the application; and 17
(c) may, by notice given to the applicant, require the applicant to 18
undergo a written, oral or practical examination within a 19
reasonable time of at least 30 days stated in the notice, and at a 20
reasonable place; and 21
(d) may, by notice given to the applicant, require the applicant to 22
undergo a health assessment within a reasonable time of at least 23
30 days stated in the notice, and at a reasonable place. 24
(2) The board may require the information or document mentioned in 25
subsection (1)(b) to be verified by a statutory declaration. 26
(3) The purpose of an examination under subsection (1)(c) must be to 27
assess the applicant's ability to competently and safely practise the 28
profession. 29
(4) The purpose of an assessment under subsection (1)(d) must be to 30
assess the applicant's mental and physical capacity to competently and 31
safely practise the profession. 32
s 47 35 s 47
Optometrists Registration Bill 2001
(5) The applicant is taken to have withdrawn the application if, within 1
the stated time, the applicant-- 2
(a) does not comply with a requirement under subsection (1)(b); or 3
(b) does not undergo an examination under subsection (1)(c); or 4
(c) does not undergo an assessment under subsection (1)(d). 5
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 6
applicant within 60 days after the board receives the application. 7
(7) Also, a notice under subsection (1)(d) must state-- 8
(a) the reason for the assessment; and 9
(b) the name and qualifications of the person appointed by the board 10
to conduct the assessment; and 11
(c) the place where, and the day and time at which, the assessment is 12
to be conducted. 13
47 Appointment of appropriately qualified person to conduct health 14
assessment 15
(1) This section applies if the board believes it is necessary for the 16
applicant to undergo a health assessment under section 46(1)(d). 17
(2) The board may appoint 1 or more appropriately qualified persons to 18
conduct the assessment, in whole or part. 19
(3) At least 1 of the persons appointed to conduct the assessment must be 20
a medical practitioner. 21
(4) Before appointing a person to conduct a health assessment, the board 22
must be satisfied the person does not have a personal or professional 23
connection with the applicant that may prejudice the way in which the 24
person conducts the assessment. 25
(5) In this section-- 26
"appropriately qualified", for a medical practitioner or other person 27
conducting a health assessment, includes having the qualifications, 28
experience, skills or knowledge appropriate to conduct the 29
assessment. 30
s 48 36 s 49
Optometrists Registration Bill 2001
48 Report about health assessment 1
(1) A person appointed under section 47 to conduct all or part of a health 2
assessment of the applicant must prepare a report about the assessment (an 3
"assessment report"). 4
(2) The assessment report must include-- 5
(a) the person's findings as to the applicant's mental and physical 6
capacity to competently and safely practise the profession; and 7
(b) if the person finds the applicant does not have the mental and 8
physical capacity to practise the profession, the person's 9
recommendations as to any conditions that could be imposed on 10
the applicant's registration as a general registrant to overcome 11
the incapacity. 12
(3) The person must give the assessment report to the board. 13
49 Use of assessment report 14
(1) An assessment report is not admissible in any proceedings, other 15
than stated proceedings. 16
(2) A person can not be compelled to produce the report, or to give 17
evidence relating to the report or its contents, in any proceedings, other 18
than stated proceedings. 19
(3) Subsections (1) and (2) do not apply if the report is admitted or 20
produced, or evidence relating to the report or its contents is given, with the 21
consent of the person who prepared the report and the person to whom the 22
report relates. 23
(4) In this section-- 24
"assessment report" includes a copy of the report, or a part of the report 25
or copy. 26
"proceedings under the Health Practitioners (Professional Standards) 27
Act 1999" includes a health assessment of a registrant by a health 28
assessment committee under that Act. 29
"stated proceedings" means-- 30
(a) a review of conditions under division 7;7 or 31
7 Division 7 (Reviewing conditions of general registrations)
s 50 37 s 53
Optometrists Registration Bill 2001
(b) an appeal started under part 6;8 or 1
(c) proceedings under the Health Practitioners (Professional 2
Standards) Act 1999, not including proceedings for an offence 3
against that Act. 4
50 Payment for health assessments and reports 5
A person who conducts a health assessment and prepares an assessment 6
report for the board is entitled to be paid for his or her work by the board. 7
Subdivision 4--Decision on applications 8
51 Decision 9
The board must consider the application and decide to register, or refuse 10
to register, the applicant as a general registrant. 11
52 Steps to be taken after application decided 12
(1) If the board decides to register the applicant as a general registrant, it 13
must as soon as practicable issue a certificate of general registration to the 14
applicant. 15
(2) If the board decides to refuse to register the applicant as a general 16
registrant, it must as soon as practicable give the applicant an information 17
notice about the decision. 18
53 Failure to decide applications 19
(1) Subject to subsections (2) and (3), if the board fails to decide the 20
application within 60 days after its receipt, the failure is taken to be a 21
decision by the board to refuse to register the applicant as a general 22
registrant. 23
(2) Subsection (3) applies if the board has-- 24
(a) under section 46(1)(b),9 required the applicant to give the board 25
further information or a document; or 26
8 Part 6 (Appeals)
9 Section 46 (Board's powers before deciding applications)
s 54 38 s 54
Optometrists Registration Bill 2001
(b) under section 46(1)(c), required the applicant to undergo an 1
examination; or 2
(c) under section 46(1)(d), required the applicant to undergo a health 3
assessment. 4
(3) The board is taken to have decided to refuse to register the applicant 5
as a general registrant if it fails to decide the application by the latest of the 6
following days-- 7
(a) the day that is 60 days after the board receives the further 8
information or document; 9
(b) the day that is 60 days after the board receives the results of the 10
examination; 11
(c) the day that is 60 days after the board receives the assessment 12
report. 13
(4) This section does not apply if the applicant is registered as a 14
provisional general registrant.10 15
(5) This section is subject to section 54. 16
54 Further consideration of applications 17
(1) This section applies if the board considers it needs further time to 18
make a decision on the application because of the complexity of the 19
matters that need to be considered in deciding the application. 20
21
Example of an application for general registration that may require the consideration of
22
complex matters--
An application requiring the board to obtain and consider information about the
23
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 24
notice to the applicant that-- 25
(a) because of the complexity of the matters that need to be 26
considered in deciding the application, the board needs further 27
time to decide the application; and 28
10 If the applicant is registered as a provisional general registrant, section 67 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 54 39 s 54
Optometrists Registration Bill 2001
(b) the period within which the board must decide the application is 1
extended to a day (the "extended day") that is 60 days after the 2
final consideration day. 3
(3) Also, the applicant and board may at any time before the final 4
consideration day agree in writing on a day (the "agreed extended day") 5
by which the application is to be decided. 6
(4) The board is taken to have decided to refuse to register the applicant 7
as a general registrant if it does not decide the application by-- 8
(a) if subsection (2) applies--the extended day; or 9
(b) if subsection (3) applies--the agreed extended day; or 10
(c) if both subsections (2) and (3) apply--the later of the extended 11
day or agreed extended day. 12
(5) Subsection (4) does not apply if the applicant is registered as a 13
provisional general registrant.11 14
(6) In this section-- 15
"final consideration day" means the latest of the following days-- 16
(a) the day that is 60 days after receipt of the application; 17
(b) if the board has, under section 46(1)(b), required the applicant to 18
give the board further information or a document--the day that is 19
60 days after the board receives the further information or 20
document; 21
(c) if the board has, under section 46(1)(c), required the applicant to 22
undergo an examination--the day that is 60 days after the board 23
receives the results of the examination; 24
(d) if the board has, under section 46(1)(d), required the applicant to 25
undergo a health assessment--the day that is 60 days after the 26
board receives the assessment report. 27
11 If the applicant is registered as a provisional general registrant, section 67 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 55 40 s 57
Optometrists Registration Bill 2001
Subdivision 5--Information in certificates of general registration 1
55 Forms of certificates of general registration 2
(1) A certificate of general registration must be in the approved form. 3
(2) The approved form must provide for the inclusion of the following-- 4
(a) the registrant's name; 5
(b) the period of the registration; 6
(c) any conditions of registration. 7
Subdivision 6--Period of general registration 8
56 Period 9
(1) The period of registration that is to apply to general registrants is the 10
period (the "general registration period"), not more than 3 years, 11
prescribed under a regulation. 12
(2) If the board decides to register an applicant for general registration as 13
a general registrant during a general registration period, the registration 14
remains in force for the period-- 15
(a) commencing on the day when the board makes the decision; and 16
(b) ending on the last day of the general registration period. 17
Subdivision 7--Conditions of general registration 18
57 Imposition of conditions by board 19
(1) The board may decide to register an applicant for general registration 20
as a general registrant on conditions the board considers necessary or 21
desirable for the applicant to competently and safely practise the 22
profession. 23
24
Examples of conditions of general registration--
25
1. A condition that a general registrant only practise the profession under the
26
supervision of another general registrant.
27
2. A condition prohibiting a general registrant engaging in stated procedures
28
related to the practice of the profession.
s 58 41 s 59
Optometrists Registration Bill 2001
(2) If the board decides to register an applicant for general registration as 1
a general registrant on conditions, it must as soon as practicable-- 2
(a) also decide the review period applying to the conditions;12 and 3
(b) give the applicant an information notice about the decisions. 4
(3) If the board decides to register an applicant for general registration as 5
a general registrant on conditions because of the applicant's mental and 6
physical health, it must also decide whether details of the conditions must 7
be recorded in the register for the period for which the conditions are in 8
force. 9
(4) The board must decide not to record details of the conditions 10
mentioned in subsection (3) in the register unless it reasonably believes it is 11
in the interests of users of the registrant's services or the public to know the 12
details. 13
58 Contravention of conditions 14
A general registrant must not contravene a condition of the registration 15
imposed under this Act. 16
Maximum penalty--100 penalty units. 17
Division 3--Provisional general registration 18
59 Meaning of "authorised person" for div 3 19
(1) In this division-- 20
"authorised person" means any of the following persons who are 21
authorised by the board to decide to register a person as a provisional 22
general registrant-- 23
(a) the executive officer; 24
(b) a member; 25
(c) a member of the office's staff. 26
(2) An authority mentioned in subsection (1) may be limited by 27
reference to specified conditions, exceptions or factors. 28
12 The conditions may be reviewed under division 7 (Reviewing conditions of general
registrations).
s 60 42 s 61
Optometrists Registration Bill 2001
60 Provisional general registration of a person 1
(1) Subsection (2) applies if an authorised person reasonably 2
considers-- 3
(a) an applicant for general registration is eligible for the registration 4
without conditions; and 5
(b) because of the period before the board is likely to consider the 6
application in the ordinary course of its business, it is not 7
reasonable for the applicant to have to wait for the board to 8
consider the application. 9
(2) The authorised person may decide to register the applicant as a 10
provisional general registrant. 11
(3) Subsection (4) applies if an authorised person or the board-- 12
(a) reasonably considers, subject to an applicant for general 13
registration giving the board further evidence of the applicant's 14
relevant qualification, the applicant is eligible for the registration 15
without conditions; or 16
(b) reasonably considers-- 17
(i) an applicant for general registration would be eligible for 18
general registration without conditions, other than for the 19
fact that the relevant qualification relied on by the applicant 20
has not been conferred on, or awarded to, the applicant; and 21
(ii) the applicant is entitled to have the relevant qualification 22
conferred on, or awarded to, him or her. 23
(4) The authorised person or board may decide to register the applicant 24
as a provisional general registrant. 25
(5) If the authorised person or board decides to register the applicant as a 26
provisional general registrant, the authorised person or board must as soon 27
as practicable issue a certificate of provisional general registration to the 28
applicant. 29
(6) An authorised person or the board may not decide to register a person 30
as a provisional general registrant on conditions. 31
61 Confirmation or cancellation of provisional general registration 32
(1) If an authorised person decides to register an applicant for general 33
registration as a provisional general registrant, the authorised person must 34
s 62 43 s 63
Optometrists Registration Bill 2001
as soon as practicable report to the board about the basis for the authorised 1
person's decision. 2
(2) The board must consider the report and decide whether to confirm or 3
cancel the provisional general registration. 4
(3) In making its decision, the board must consider whether the 5
authorised person should have decided to register the applicant as a 6
provisional general registrant. 7
(4) If the board decides to cancel the provisional general registration, it 8
must as soon as practicable give the applicant notice of its decision. 9
62 Procedure after cancellation of provisional general registration 10
(1) This section applies if the board decides, under section 61, to cancel 11
a person's provisional general registration. 12
(2) The notice of cancellation must include the reason for the decision. 13
(3) The decision takes effect on the day the notice is given to the person. 14
(4) The person must return the certificate of provisional general 15
registration to the board within 14 days after receiving the notice, unless 16
the person has a reasonable excuse. 17
Maximum penalty--10 penalty units. 18
(5) Even though the board decides to cancel a person's provisional 19
general registration, it must still consider the person's application for 20
general registration. 21
63 Form of certificate of provisional general registration 22
(1) A certificate of provisional general registration must be in the 23
approved form. 24
(2) The approved form must provide for the inclusion of the following-- 25
(a) the registrant's name; 26
(b) the period of the registration. 27
s 64 44 s 66
Optometrists Registration Bill 2001
64 Period 1
The provisional general registration of a person remains in force for the 2
period, not more than 6 months, decided by the authorised person or board 3
when deciding to register the person as a provisional general registrant. 4
65 Board decides to register provisional general registrant as a 5
general registrant 6
(1) This section applies if-- 7
(a) a person is a provisional general registrant; and 8
(b) the board decides to register the person as a general registrant. 9
(2) The provisional general registration is cancelled when the person 10
receives a certificate of general registration under section 52(1).13 11
(3) The general registration is taken to have started from the day the 12
person was registered as a provisional general registrant. 13
66 Board decides to refuse to register provisional general registrant 14
as a general registrant 15
(1) This section applies if-- 16
(a) a person is a provisional general registrant; and 17
(b) the board decides to refuse to register the person as a general 18
registrant. 19
(2) The provisional general registration is cancelled when an 20
information notice about the decision is given to the person under 21
section 52(2). 22
(3) The person must return the certificate of provisional general 23
registration to the board within 14 days after receiving the information 24
notice, unless the person has a reasonable excuse. 25
Maximum penalty for subsection (3)--10 penalty units. 26
13 Section 52 (Steps to be taken after application decided)
s 67 45 s 68
Optometrists Registration Bill 2001
67 Deemed refusal by board to register provisional general registrant 1
as a general registrant 2
(1) This section applies if-- 3
(a) a person is a provisional general registrant; and 4
(b) other than for section 53(4) or 54(5),14 the board would have been 5
taken to have decided to refuse to register the person as a general 6
registrant. 7
(2) The board is taken to have decided to refuse to register the person as 8
a general registrant on the expiry of the provisional general registration. 9
Division 4--Renewal of general registrations 10
Subdivision 1--Preliminary 11
68 Meaning of "recency of practice requirements" 12
(1) "Recency of practice requirements" are requirements, prescribed 13
under a regulation, that if satisfied demonstrate that an applicant for 14
renewal of a general registration has maintained an adequate connection 15
with the profession. 16
(2) The requirements may include requirements about the following-- 17
(a) the nature, extent and period of practice of the profession by the 18
applicant; 19
(b) the nature and extent of any continuing professional education 20
undertaken by the applicant; 21
(c) the nature and extent of any research, study or teaching, relating 22
to the profession, undertaken by the applicant; 23
(d) the nature and extent of any administrative work, relating to the 24
profession, performed by the applicant. 25
14 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 69 46 s 70
Optometrists Registration Bill 2001
Subdivision 2--Applications for renewal of general registrations 1
69 Notification of imminent expiry of registration 2
The board must give a general registrant notice of the imminent expiry 3
of the registration at least 60 days before the expiry. 4
70 Procedural requirements for applications 5
(1) A general registrant may apply to the board for the renewal of the 6
registration. 7
(2) The application must be made within the period-- 8
(a) starting-- 9
(i) 60 days before the expiry of the registration; or 10
(ii) on an earlier day, if any, stated in the notice given to the 11
registrant under section 69; and 12
(b) ending immediately before the expiry. 13
(3) The application must-- 14
(a) be in the approved form; and 15
(b) be accompanied by-- 16
(i) the registration fee; and 17
(ii) any documents, identified in the approved form, the board 18
reasonably requires to decide the application. 19
(4) Information in the application must, if the approved form requires, be 20
verified by a statutory declaration. 21
(5) The approved form must require the applicant to state the 22
following-- 23
(a) whether the applicant suffers from any ongoing medical 24
condition, of which the applicant is aware, that the applicant 25
knows or ought reasonably to know adversely affects the 26
s 71 47 s 72
Optometrists Registration Bill 2001
applicant's ability to competently and safely practise the 1
profession;15 2
(b) if there are recency of practice requirements relevant to the 3
applicant, details of the extent to which the applicant has satisfied 4
the requirements. 5
71 General registration taken to be in force while application is 6
considered 7
(1) If an application is made under section 70, the applicant's general 8
registration is taken to continue in force from the day it would, apart from 9
this section, have expired until-- 10
(a) if the board decides to renew the applicant's general 11
registration--the day a new certificate of general registration is 12
issued to the applicant under section 75(1); or 13
(b) if the board decides to refuse to renew the applicant's general 14
registration--the day an information notice about the decision is 15
given to the applicant under section 75(2); or 16
(c) if the application is taken to have been withdrawn under 17
section 72(4)--the day it is taken to have been withdrawn. 18
(2) Subsection (1) does not apply if the registration is earlier cancelled 19
under this Act or suspended or cancelled under the Health Practitioners 20
(Professional Standards) Act 1999. 21
Subdivision 3--Decision on applications 22
72 Inquiries into applications 23
(1) Before deciding the application, the board-- 24
(a) may investigate the applicant; and 25
(b) may, by notice given to the applicant, require the applicant to 26
give the board, within a reasonable time of at least 30 days stated 27
15 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 73 48 s 74
Optometrists Registration Bill 2001
in the notice, further information or a document the board 1
reasonably requires to decide the application; and 2
(c) may, if the board is not satisfied the applicant has satisfied 3
recency of practice requirements, by notice given to the 4
applicant, require the applicant to undergo a written, oral or 5
practical examination within a reasonable time of at least 30 days 6
stated in the notice, and at a reasonable place. 7
(2) The board may require the information or document mentioned in 8
subsection (1)(b) to be verified by a statutory declaration. 9
(3) The purpose of an examination under subsection (1)(c) must be to 10
assess any effect the applicant's non-satisfaction of the requirements has 11
on the applicant's ability to competently and safely practise the profession. 12
(4) The applicant is taken to have withdrawn the application if, within 13
the stated time, the applicant-- 14
(a) does not comply with a requirement under subsection (1)(b); or 15
(b) does not undergo an examination under subsection (1)(c). 16
73 Decision 17
(1) The board must consider the application and decide to renew, or 18
refuse to renew, the applicant's general registration. 19
(2) In making its decision, the board must have regard only to the extent, 20
if any, to which the applicant has satisfied recency of practice 21
requirements.16 22
(3) If there are no recency of practice requirements relevant to the 23
applicant, the board must decide to renew the applicant's general 24
registration. 25
74 Recency of practice requirements are not satisfied 26
(1) This section applies if the board is not satisfied the applicant has 27
satisfied recency of practice requirements. 28
16 Under section 74(2), the board may decide to renew the registration on recency of
practice conditions if the board is not satisfied the applicant has satisfied recency of
practice requirements.
s 75 49 s 75
Optometrists Registration Bill 2001
(2) The board may decide to renew the applicant's general registration 1
on conditions ("recency of practice conditions") the board considers will 2
sufficiently address the extent to which the applicant has not satisfied the 3
requirements. 4
(3) Before deciding to renew the registration on recency of practice 5
conditions, the board must-- 6
(a) give notice to the applicant-- 7
(i) of the details of the proposed conditions; and 8
(ii) of the reason for the proposed imposition of the conditions; 9
and 10
(iii) that the applicant may make a written submission to the 11
board about the proposed conditions within a reasonable 12
time of at least 14 days stated in the notice; and 13
(b) have regard to any written submission made to the board by the 14
applicant before the stated day. 15
(4) If the board decides to renew the registration on recency of practice 16
conditions, it must as soon as practicable-- 17
(a) also decide the review period applying to the conditions;17 and 18
(b) give the applicant an information notice about the decisions. 19
(5) The imposition of the conditions takes effect on the later of the 20
following-- 21
(a) when the information notice is given to the applicant; 22
(b) immediately after the day the registration would have expired, 23
other than for its renewal. 24
75 Steps to be taken after application decided 25
(1) If the board decides to renew the applicant's general registration, it 26
must as soon as practicable issue a new certificate of general registration to 27
the applicant. 28
17 The conditions may be reviewed under division 7 (Reviewing conditions of general
registrations).
s 76 50 s 78
Optometrists Registration Bill 2001
(2) If the board decides to refuse to renew the applicant's general 1
registration, it must as soon as practicable give the applicant an information 2
notice about the decision. 3
(3) Without affecting section 74(2), if the board decides to renew the 4
applicant's general registration, the renewed general registration is subject 5
to the conditions attaching to the registration immediately before the 6
decision takes effect.18 7
Division 5--Restoration of general registrations 8
76 Application of div 4, sdivs 1 and 3 9
For restoring a general registration, division 4, subdivisions 1 and 3, 10
other than sections 74(5) and 75(3),19 apply as if-- 11
(a) an application for renewal of a general registration were an 12
application for restoration of a general registration; and 13
(b) an applicant for renewal of a general registration were an 14
applicant for restoration of a general registration; and 15
(c) a renewal of a general registration were a restoration of a general 16
registration. 17
77 When an application for restoration of a general registration may 18
be made 19
If a person's general registration has expired, the person may apply to 20
the board for restoration of the registration within 3 months after the 21
expiry. 22
78 Procedural requirements for applications 23
(1) The application must-- 24
(a) be in the approved form; and 25
18 The conditions may include conditions imposed under the Health Practitioners
(Professional Standards) Act 1999.
19 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and
3 (Decision on applications), sections 74 (Recency of practice requirements are not
satisfied) and 75 (Steps to be taken after application decided)
s 79 51 s 80
Optometrists Registration Bill 2001
(b) be accompanied by-- 1
(i) the restoration fee prescribed under a regulation (the 2
"restoration fee"); and 3
(ii) any documents, identified in the approved form, the board 4
reasonably requires to decide the application. 5
(2) Information in the application must, if the approved form requires, be 6
verified by a statutory declaration. 7
(3) The approved form must require the applicant to state the 8
following-- 9
(a) whether the applicant suffers from any ongoing medical 10
condition, of which the applicant is aware, that the applicant 11
knows or ought reasonably to know adversely affects the 12
applicant's ability to competently and safely practise the 13
profession;20 14
(b) if there are recency of practice requirements relevant to the 15
applicant, details of the extent to which the applicant has satisfied 16
the requirements. 17
79 Period of restored registration 18
If the board decides to restore the applicant's general registration during 19
a general registration period, the registration remains in force for the 20
period-- 21
(a) commencing on the day when the board makes the decision; and 22
(b) ending on the last day of the general registration period. 23
80 Conditions of expired registration 24
Without affecting section 74(2), as applied by section 76, if the board 25
decides to restore the applicant's general registration, the registration is 26
subject to the conditions attaching to the registration immediately before its 27
expiry. 28
20 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 81 52 s 84
Optometrists Registration Bill 2001
81 When recency of practice conditions take effect 1
If the board decides to restore the applicant's general registration on 2
recency of practice conditions, the imposition of the conditions takes effect 3
when the information notice about the decision is given by the board to the 4
applicant. 5
Division 6--Cancellation of general registrations 6
82 Ground for cancellation 7
A person's general registration may be cancelled, under this division, on 8
the ground that the person was registered because of a materially false or 9
misleading representation or declaration. 10
83 Show cause notice 11
(1) If the board believes the ground exists to cancel a general 12
registration, the board must before taking action to cancel the registration 13
give the registrant a notice (a "show cause notice"). 14
(2) The show cause notice must-- 15
(a) state the board proposes to cancel the registration; and 16
(b) state the ground for the proposed cancellation; and 17
(c) outline the facts and circumstances forming the basis for the 18
ground; and 19
(d) invite the registrant to show within a stated period (the "show 20
cause period") why the registration should not be cancelled. 21
(3) The show cause period must be a period ending not less than 21 days 22
after the show cause notice is given to the registrant. 23
84 Representations about show cause notices 24
(1) The registrant may make written representations about the show 25
cause notice to the board in the show cause period. 26
(2) The board must consider all written representations (the "accepted 27
representations") made under subsection (1). 28
s 85 53 s 87
Optometrists Registration Bill 2001
85 Ending show cause process without further action 1
(1) This section applies if, after considering the accepted representations 2
for the show cause notice, the board no longer believes the ground exists to 3
cancel the registration. 4
(2) The board must not take any further action about the show cause 5
notice. 6
(3) The board must also as soon as practicable after coming to the belief 7
give notice to the registrant that no further action is to be taken about the 8
show cause notice. 9
86 Cancellation 10
(1) This section applies if, after considering the accepted representations 11
for the show cause notice, the board-- 12
(a) still believes the ground exists to cancel the registration; and 13
(b) believes cancellation of the registration is warranted. 14
(2) This section also applies if there are no accepted representations for 15
the show cause notice. 16
(3) The board may decide to cancel the registration. 17
(4) If the board decides to cancel the registration, it must as soon as 18
practicable give the registrant an information notice about the decision. 19
(5) The decision takes effect on the day the information notice is given 20
to the registrant. 21
87 Return of cancelled certificate of general registration to board 22
(1) This section applies if the board decides to cancel a general 23
registration and gives an information notice for the decision to the 24
registrant. 25
(2) The registrant must return the certificate of general registration to the 26
board within 14 days after receiving the information notice, unless the 27
registrant has a reasonable excuse. 28
Maximum penalty for subsection (2)--10 penalty units. 29
s 88 54 s 90
Optometrists Registration Bill 2001
Division 7--Reviewing conditions of general registrations 1
Subdivision 1--Review of conditions imposed by the board or District 2
Court 3
88 Review of conditions 4
Conditions imposed on a general registration under this Act may be 5
reviewed under this division. 6
89 How registrant may start a review 7
(1) The registrant to whom the conditions relate may apply to the board 8
for a review of the conditions. 9
(2) However, the application must not be made-- 10
(a) during the review period applying to the conditions; or 11
(b) while an appeal to the District Court about the decision to impose 12
the conditions is pending. 13
(3) The application must-- 14
(a) be in the approved form; and 15
(b) be accompanied by the fee prescribed under a regulation. 16
(4) The approved form must require the registrant to state-- 17
(a) that the registrant believes the conditions are no longer 18
appropriate; and 19
(b) the reason for the registrant's belief. 20
(5) The board must consider the application and make a decision under 21
section 94. 22
90 Review of conditions during review period 23
(1) This section applies if, during the review period applying to the 24
conditions, the board reasonably believes the conditions may no longer be 25
appropriate. 26
(2) The board may, with the written agreement of the registrant to whom 27
the conditions relate, review the conditions. 28
s 91 55 s 92
Optometrists Registration Bill 2001
91 Board's powers before making decision 1
(1) Before making its decision under section 94, the board-- 2
(a) may investigate the registrant; and 3
(b) may, by notice given to the registrant, require the registrant to 4
give the board, within a reasonable time of at least 30 days stated 5
in the notice, further information or a document the board 6
reasonably requires to make the decision; and 7
(c) may, by notice given to the registrant, require the registrant to 8
undergo a written, oral or practical examination within a 9
reasonable time of at least 30 days stated in the notice, and at a 10
reasonable place; and 11
(d) may, by notice given to the registrant, require the registrant to 12
undergo a health assessment within a reasonable time of at least 13
30 days stated in the notice, and at a reasonable place. 14
(2) The board may require the information or document mentioned in 15
subsection (1)(b) to be verified by a statutory declaration. 16
(3) Subject to section 94(2), the purpose of an examination under 17
subsection (1)(c) must be to assess the registrant's ability to competently 18
and safely practise the profession. 19
(4) Subject to section 94(2), the purpose of an assessment under 20
subsection (1)(d) must be to assess the registrant's mental and physical 21
capacity to competently and safely practise the profession. 22
(5) Also, a notice under subsection (1)(d) must state-- 23
(a) the reason for the assessment; and 24
(b) the name and qualifications of the person appointed by the board 25
to conduct the assessment; and 26
(c) the place where, and the day and time at which, the assessment is 27
to be conducted. 28
92 Application of ss 47-50 29
(1) This section applies if the board believes it is necessary for the 30
registrant to undergo a health assessment under section 91(1)(d). 31
s 93 56 s 94
Optometrists Registration Bill 2001
(2) Sections 47 to 5021 apply as if-- 1
(a) an applicant for general registration were the registrant; and 2
(b) the reference in section 47(1) to section 46(1)(d) were a 3
reference to section 91(1)(d). 4
93 Deemed withdrawal of application etc. 5
(1) Subsections (2) and (3) apply if the conditions are being reviewed 6
because of an application made by the registrant under section 89. 7
(2) The registrant is taken to have withdrawn the application if, within 8
the stated time, the registrant-- 9
(a) does not comply with a requirement under section 91(1)(b); or 10
(b) does not undergo an examination under section 91(1)(c); or 11
(c) does not undergo an assessment under section 91(1)(d). 12
(3) A notice under section 91(1)(b), (c) or (d) must be given to the 13
registrant within 60 days after the board receives the application. 14
(4) Subsections (5) and (6) apply if the conditions are being reviewed 15
under section 90. 16
(5) The board is taken to have decided to confirm the conditions if, 17
within the stated time, the registrant-- 18
(a) does not comply with a requirement under section 91(1)(b); or 19
(b) does not undergo an examination under section 91(1)(c); or 20
(c) does not undergo an assessment under section 91(1)(d). 21
(6) A notice under section 91(1)(b), (c) or (d) must be given to the 22
registrant within 60 days after the board agrees with the registrant to 23
review the conditions. 24
94 Decision 25
(1) After reviewing the conditions, the board must decide-- 26
(a) to confirm the conditions; or 27
21 Sections 47 (Appointment of appropriately qualified person to conduct health
assessment), 48 (Report about health assessment), 49 (Use of assessment report) and
50 (Payment for health assessments and reports)
s 95 57 s 95
Optometrists Registration Bill 2001
(b) to remove the conditions; or 1
(c) to change the conditions. 2
(2) In making its decision, the board must consider whether the 3
conditions remain necessary or desirable for the registrant to competently 4
and safely practise the profession. 5
(3) If the board decides to confirm or change the conditions, the 6
conditions may only be confirmed or changed for the reasons the 7
conditions were initially imposed. 8
(4) If the board decides to confirm or change the conditions, it must as 9
soon as practicable-- 10
(a) also decide the review period applying to the confirmed or 11
changed conditions; and 12
(b) give the registrant an information notice about the decisions. 13
(5) If the board decides to remove the conditions, it must as soon as 14
practicable give the registrant notice of the decision. 15
95 When decision takes effect 16
(1) If the board decides to confirm the conditions, the decision takes 17
effect when it is made. 18
(2) If the board decides to change the conditions, the change takes effect 19
when an information notice about the decision is given to the registrant 20
under section 94(4)(b) and does not depend on the certificate of general 21
registration being amended to record the change or a replacement 22
certificate of general registration being issued. 23
(3) If the board decides to remove the conditions, the removal takes 24
effect when notice of the decision is given to the registrant under 25
section 94(5) and does not depend on the certificate of general registration 26
being amended to record the removal or a replacement certificate of 27
general registration being issued. 28
s 96 58 s 97
Optometrists Registration Bill 2001
96 Failure by board to make decision on application 1
(1) Subject to subsections (2) and (3), if the board fails to decide an 2
application under section 8922 within 60 days after its receipt, the failure is 3
taken to be a decision by the board to remove the conditions. 4
(2) Subsection (3) applies if the board has-- 5
(a) under section 91(1)(b),23 required the applicant to give the board 6
further information or a document; or 7
(b) under section 91(1)(c), required the applicant to undergo an 8
examination; or 9
(c) under section 91(1)(d), required the applicant to undergo a health 10
assessment. 11
(3) The board is taken to have decided to remove the conditions if the 12
board fails to decide the application by the latest of the following days-- 13
(a) the day that is 60 days after the board receives the further 14
information or document; 15
(b) the day that is 60 days after the board receives the results of the 16
examination; 17
(c) the day that is 60 days after the board receives the assessment 18
report. 19
(4) The removal of the conditions under subsection (1) or (3) does not 20
depend on the certificate of general registration being amended to record 21
the removal or a replacement certificate of general registration being 22
issued. 23
97 Failure by board to make decision on review agreed to under s 90 24
(1) Subject to subsections (2) and (3), if the board fails to make a 25
decision on a review agreed to under section 9024 within 60 days after the 26
agreement, the failure is taken to be a decision by the board to remove the 27
conditions. 28
(2) Subsection (3) applies if the board has-- 29
22 Section 89 (How registrant may start a review)
23 Section 91 (Board's powers before making decision)
24 Section 90 (Review of conditions during review period)
s 98 59 s 99
Optometrists Registration Bill 2001
(a) under section 91(1)(b), required the registrant to give the board 1
further information or a document; or 2
(b) under section 91(1)(c), required the registrant to undergo an 3
examination; or 4
(c) under section 91(1)(d), required the registrant to undergo a health 5
assessment. 6
(3) The board is taken to have decided to remove the conditions if the 7
board fails to make a decision on the review by the latest of the following 8
days-- 9
(a) the day that is 60 days after the board receives the further 10
information or document; 11
(b) the day that is 60 days after the board receives the results of the 12
examination; 13
(c) the day that is 60 days after the board receives the assessment 14
report. 15
(4) The removal of the conditions under subsection (1) or (3) does not 16
depend on the certificate of general registration being amended to record 17
the removal or a replacement certificate of general registration being 18
issued. 19
98 Further decision required if certain conditions changed 20
(1) This section applies if the conditions were imposed because of the 21
registrant's mental and physical health. 22
(2) If the board decides to change the conditions, it must also decide 23
whether details of the changed conditions must be recorded in the register 24
for the period for which the conditions are in force. 25
(3) The board must decide not to record details of the changed 26
conditions in the register unless it reasonably believes it is in the interests 27
of users of the registrant's services or the public to know the details. 28
Subdivision 2--Recording change, or removal, of conditions 29
99 Amendment of, or replacing, certificates of general registration 30
(1) This section applies if-- 31
s 100 60 s 100
Optometrists Registration Bill 2001
(a) a general registrant receives an information notice, under 1
section 94(4)(b), about decisions relating to a change of the 2
conditions of the registration; or 3
(b) a general registrant receives a notice, under section 94(5), about a 4
decision to remove the conditions of the registration; or 5
(c) the board is taken, under section 96 or 97, to have decided to 6
remove the conditions of a general registration. 7
(2) The registrant must return the certificate of general registration to the 8
board-- 9
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 10
the notice, unless the registrant has a reasonable excuse; or 11
(b) if subsection (1)(c) applies--within 14 days after the day the 12
registrant actually becomes aware of the removal. 13
Maximum penalty--10 penalty units. 14
(3) On receiving the certificate, the board must-- 15
(a) amend the certificate in an appropriate way and return the 16
amended certificate to the registrant; or 17
(b) if the board does not consider it practicable to amend the 18
certificate, issue another certificate of general registration to the 19
registrant to replace the certificate returned to the board. 20
Division 8--Special purpose registrations 21
Subdivision 1--Applications for special purpose registration 22
100 Undertaking of special activities relating to the profession 23
A person may obtain special purpose registration to undertake 1 or more 24
of the following activities (the "special activities") relating to the 25
profession-- 26
(a) study or train at postgraduate level; 27
(b) teach; 28
(c) engage in research; 29
(d) give clinical demonstrations. 30
s 101 61 s 102
Optometrists Registration Bill 2001
101 Application of divs 2 and 3 1
(1) For a person being registered as a special purpose registrant, 2
division 2, other than subdivisions 2, 6 and 7, and division 325 apply as if-- 3
(a) an application for general registration were an application for 4
special purpose registration; and 5
(b) an applicant for general registration were an applicant for special 6
purpose registration; and 7
(c) a general registration were a special purpose registration; and 8
(d) a general registrant were a special purpose registrant; and 9
(e) a certificate of general registration were a certificate of special 10
purpose registration; and 11
(f) a provisional general registrant were a provisional special 12
purpose registrant; and 13
(g) a provisional general registration were a provisional special 14
purpose registration; and 15
(h) a certificate of provisional general registration were a certificate 16
of provisional special purpose registration. 17
(2) The approved form for a certificate of special purpose registration, or 18
provisional special purpose registration, must also provide for the inclusion 19
of details of the special activity for which the registrant is registered. 20
102 Eligibility 21
An applicant for special purpose registration is eligible for special 22
purpose registration if the applicant-- 23
(a) has a qualification required for special purpose registration; and 24
(b) is a suitable person to be a special purpose registrant. 25
25 Division 2 (Applications for general registration), subdivisions 2 (Eligibility for
general registration), 6 (Period of general registration) and 7 (Conditions of general
registration) and division 3 (Provisional general registration)
s 103 62 s 104
Optometrists Registration Bill 2001
103 Qualifications for special purpose registration 1
(1) An applicant for special purpose registration has a qualification 2
required for special purpose registration if the applicant is the holder of a 3
qualification in the profession recognised by the board. 4
(2) In deciding whether to recognise the qualification, the board may 5
have regard to the following-- 6
(a) whether the course leading to the qualification has been 7
accredited by an entity responsible for accrediting courses for the 8
profession; 9
(b) whether the educational institution conferring or awarding the 10
qualification has been accredited by an entity responsible for 11
accrediting institutions to educate persons for the profession; 12
(c) the advice and recommendations of an entity recognised by the 13
board as competent to assess qualifications in the profession. 14
104 Suitability to be a special purpose registrant 15
In deciding whether an applicant for special purpose registration is a 16
suitable person to be a special purpose registrant, the board may have 17
regard to the following-- 18
(a) whether the applicant has been convicted of an indictable 19
offence; 20
(b) whether the applicant has been convicted of an offence against 21
the repealed Act, this Act, the Health Practitioners (Professional 22
Standards) Act 1999 or a corresponding law; 23
(c) if the applicant has been registered under this Act or the repealed 24
Act or is, or has been, registered under a corresponding law and 25
the registration was affected-- 26
(i) by the imposition of a condition--the nature of the 27
condition and the reason for its imposition; or 28
(ii) by its suspension or cancellation--the reason for its 29
suspension or cancellation; or 30
(iii) in another way--the way it was affected and the reason for 31
it being affected; 32
(d) any other issue relevant to the applicant's ability to undertake the 33
special activity the subject of the application. 34
s 105 63 s 108
Optometrists Registration Bill 2001
105 Period of special purpose registration 1
If the board decides to register the applicant as a special purpose 2
registrant, the registration remains in force for the period, not more than 3
1 year, decided by the board when deciding to register the applicant as a 4
special purpose registrant. 5
106 Imposition of conditions by board 6
(1) The board may decide to register the applicant as a special purpose 7
registrant on conditions the board considers necessary or desirable for the 8
applicant to competently and safely undertake the special activity the 9
subject of the application. 10
(2) If the board decides to register the applicant as a special purpose 11
registrant on conditions, it must as soon as practicable give the applicant an 12
information notice about the decision. 13
107 Contravention of conditions 14
A special purpose registrant must not contravene a condition of the 15
registration imposed under this Act. 16
Maximum penalty--100 penalty units. 17
Subdivision 2--Renewal of special purpose registrations 18
108 Application of div 4, sdivs 2 and 3 19
For renewing a special purpose registration, division 4, subdivisions 2 20
and 3, other than sections 70(5)(a) and 75(3)26 and the provisions to the 21
extent to which they relate to recency of practice requirements, apply as 22
if-- 23
(a) an application for the renewal of a general registration were an 24
application for the renewal of a special purpose registration; and 25
26 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for
renewal of general registrations) and 3 (Decision on applications),
sections 70 (Procedural requirements for applications) and 75 (Steps to be taken
after application decided)
s 109 64 s 111
Optometrists Registration Bill 2001
(b) an applicant for the renewal of a general registration were an 1
applicant for the renewal of a special purpose registration; and 2
(c) an applicant's general registration were an applicant's special 3
purpose registration; and 4
(d) a general registrant were a special purpose registrant; and 5
(e) a certificate of general registration were a certificate of special 6
purpose registration. 7
109 Matters that may be considered in deciding whether to renew 8
special purpose registrations 9
In deciding whether to renew a special purpose registration, the board 10
may have regard to the matters to which the board may have regard in 11
deciding whether a proposed special purpose registrant is a suitable person 12
to be a special purpose registrant.27 13
110 Imposition of conditions by board 14
(1) The board may decide to renew a special purpose registration on 15
conditions the board considers necessary or desirable for the registrant to 16
competently and safely undertake the special activity the subject of the 17
registration. 18
(2) If the board decides to renew a special purpose registration on 19
conditions, it must as soon as practicable give the registrant an information 20
notice about the decision. 21
(3) To remove doubt, it is declared that any conditions attaching to the 22
registration immediately before its renewal do not continue to apply to the 23
registration on its renewal. 24
111 Period of renewed special purpose registration 25
If the board decides to renew a special purpose registration, the 26
registration remains in force for the period, not more than 1 year, decided 27
by the board when deciding to renew the registration. 28
27 See section 104 (Suitability to be a special purpose registrant) for a list of the
matters.
s 112 65 s 114
Optometrists Registration Bill 2001
Subdivision 3--Cancellation of special purpose registrations 1
112 Application of div 6 2
For cancelling a special purpose registration, division 6, other than 3
section 82, applies as if28-- 4
(a) a general registration were a special purpose registration; and 5
(b) a certificate of general registration were a certificate of special 6
purpose registration. 7
113 Grounds for cancellation 8
Each of the following is a ground for cancelling a special purpose 9
registration-- 10
(a) the registrant has practised the profession other than for the 11
special activity for which the registrant is registered; 12
(b) the registrant has been convicted of an indictable offence; 13
(c) the registrant has been convicted of an offence against this Act, 14
the Health Practitioners (Professional Standards) Act 1999 or a 15
corresponding law; 16
(d) the registrant has contravened a condition of the registration; 17
(e) the registrant was registered because of a materially false or 18
misleading representation or declaration. 19
Subdivision 4--Removal of conditions 20
114 Removal 21
(1) This section applies if the board reasonably believes the conditions 22
imposed on a special purpose registration under this Act are no longer 23
necessary or desirable for the registrant to competently and safely 24
undertake the special activity the subject of the registration. 25
(2) The board must decide to remove the conditions. 26
28 Division 6 (Cancellation of general registrations), section 82 (Ground for
cancellation)
s 115 66 s 116
Optometrists Registration Bill 2001
(3) The board must give the registrant notice of the decision as soon as 1
practicable after it is made. 2
(4) The registrant must return the certificate of special purpose 3
registration to the board within 14 days after receiving the notice, unless 4
the registrant has a reasonable excuse. 5
Maximum penalty--10 penalty units. 6
(5) On receiving the certificate, the board must-- 7
(a) amend the certificate in an appropriate way and return the 8
amended certificate to the registrant; or 9
(b) if the board does not consider it practicable to amend the 10
certificate--issue another certificate of special purpose 11
registration to the registrant to replace the certificate returned to 12
the board. 13
(6) The removal takes effect when notice of the decision is given to the 14
registrant and does not depend on the certificate of special purpose 15
registration being amended to record the removal or a replacement 16
certificate of special purpose registration being issued. 17
Division 9--General provisions about registrations 18
115 Person is taken to be registered under this part 19
(1) This section applies if, under this Act, an entity decides to-- 20
(a) register a person; or 21
(b) restore a person's registration. 22
(2) The person is taken to be registered under this part. 23
116 Surrender of registrations 24
(1) A registrant may surrender the registration by notice given to the 25
board. 26
(2) The surrender takes effect-- 27
(a) on the day the notice is given to the board; or 28
(b) if a later day of effect is stated in the notice, on the later day. 29
s 117 67 s 119
Optometrists Registration Bill 2001
(3) The registrant must return the certificate of registration to the board 1
within 14 days after the day the surrender takes effect, unless the registrant 2
has a reasonable excuse. 3
Maximum penalty for subsection (3)--10 penalty units. 4
117 Replacement of certificates of registration 5
(1) A registrant may apply to the board for the replacement of the 6
certificate of registration if it has been lost, stolen, destroyed or damaged. 7
(2) The board must consider the application and decide to grant, or 8
refuse to grant, the application. 9
(3) The board must decide to grant the application if it is satisfied the 10
certificate has been lost, stolen or destroyed, or damaged in a way to 11
require its replacement. 12
(4) If the board decides to grant the application, it must on payment of 13
the fee prescribed under a regulation-- 14
(a) replace the lost, stolen, destroyed or damaged certificate with 15
another certificate of registration; and 16
(b) give the replacement certificate of registration to the applicant. 17
(5) If the board decides to refuse to grant the application, it must as soon 18
as practicable give the applicant an information notice about the decision. 19
118 Certified copy of certificates of registration 20
A registrant may, on payment of the fee prescribed under a regulation, 21
obtain from the board a certified copy of the certificate of registration. 22
119 Notification of change in circumstances 23
A registrant must, within 21 days after the happening of a change in the 24
registrant's circumstances prescribed under a regulation, advise the board 25
of the change. 26
Maximum penalty--10 penalty units. 27
s 120 68 s 120
Optometrists Registration Bill 2001
120 Notification of certain events to interstate regulatory authorities 1
and other entities 2
(1) This section applies if-- 3
(a) a person's general registration or special purpose registration is 4
cancelled under this Act; or 5
(b) conditions are imposed, under this Act, on a person's general 6
registration or special purpose registration; or 7
(c) conditions on a person's general registration or special purpose 8
registration are removed under this Act. 9
(2) As soon as practicable after an event mentioned in subsection (1) 10
happens, the board must give notice about the event to each interstate 11
regulatory authority with which the board is aware the person is registered. 12
(3) Also, the board may give notice about the event to any of the 13
following-- 14
(a) the chief executive; 15
(b) other State regulatory authorities; 16
(c) foreign regulatory authorities; 17
(d) professional colleges of which the person is eligible to be a 18
member; 19
(e) professional associations of which the person is eligible to be a 20
member; 21
(f) an employer of the person; 22
(g) the Health Insurance Commission; 23
(h) the Health Rights Commissioner; 24
(i) the Minister; 25
(j) another entity having a connection with the person's practice as a 26
general or special purpose registrant. 27
(4) However, the board must not give a notice about the event to an 28
entity under subsection (3) unless the board reasonably believes-- 29
(a) the entity needs to know about the event; and 30
(b) giving the entity notice about the event will assist in achieving 31
the objects of this Act. 32
s 121 69 s 121
Optometrists Registration Bill 2001
(5) A notice under this section may include the information the board 1
considers appropriate in the circumstances. 2
(6) In this section-- 3
"impose", a condition, does not include confirm the condition. 4
"State regulatory authorities" means boards established under the health 5
practitioner registration Acts. 6
PART 4--OBLIGATIONS OF REGISTRANTS AND 7
OTHER PERSONS 8
Division 1--Restricted titles and holding out 9
121 Taking of restricted titles etc. 10
(1) A person who is not a registrant must not take or use a restricted title. 11
Maximum penalty--1 000 penalty units. 12
13
Example of an individual taking or using a restricted title--
14
AB describes himself or herself as `AB, optometrist'.
15
Examples of a corporation taking or using a restricted title--
16
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, optometrists'.
17
2. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply if-- 18
(a) the title is taken or used as part of a business name for a business 19
providing professional services; and 20
(b) in the carrying on of the business by the person, a registrant 21
provides professional services. 22
(3) Also, subsection (1) does not apply if-- 23
(a) the person is undertaking study or training in the practice of the 24
profession to obtain a qualification for registration; and 25
(b) the person takes or uses the title, in the course of the study or 26
training, in conjunction with words that indicate the person is a 27
student or trainee in the profession. 28
s 122 70 s 122
Optometrists Registration Bill 2001
(4) A person (the "first person") must not, in relation to another person 1
who the first person knows or ought reasonably to know is not a registrant, 2
use a restricted title. 3
Maximum penalty--1 000 penalty units. 4
(5) Subsection (4) does not apply if-- 5
(a) the other person is undertaking study or training in the practice of 6
the profession to obtain a qualification for registration; and 7
(b) the first person uses the title in relation to the other person, in the 8
course of the study or training, in conjunction with words that 9
indicate the other person is a student or trainee in the profession. 10
(6) A person who is not a registrant must not take or use a title (other 11
than a restricted title), name, initial, symbol, word or description that, 12
having regard to the circumstances in which it is taken or used, indicates or 13
could be reasonably understood to indicate-- 14
(a) the person is an optometrist; or 15
(b) the person is authorised or qualified to practise the profession. 16
Maximum penalty--500 penalty units. 17
(7) A person (the "first person") must not, in relation to another person 18
who the first person knows or ought reasonably to know is not a registrant, 19
use a title (other than a restricted title), name, initial, symbol, word or 20
description that, having regard to the circumstances in which it is used, 21
indicates or could be reasonably understood to indicate-- 22
(a) the other person is an optometrist; or 23
(b) the other person is authorised or qualified to practise the 24
profession. 25
Maximum penalty for subsection (7)--500 penalty units. 26
122 Claims by persons as to registration 27
A person who is not a registrant must not-- 28
(a) claim, or hold himself or herself out, to be registered under this 29
Act; or 30
(b) allow himself or herself to be held out as being registered under 31
this Act; or 32
s 123 71 s 124
Optometrists Registration Bill 2001
(c) claim, or hold himself or herself out, to be eligible to be 1
registered under this Act. 2
Maximum penalty--1 000 penalty units. 3
123 Claims by persons as to other persons' registration 4
A person must not hold out another person as being registered under this 5
Act if the person knows, or ought reasonably to know, the other person is 6
not registered under this Act. 7
Maximum penalty--1 000 penalty units. 8
9
Example--
10
A person carrying on a business providing professional services must not hold out that
11
an employee of the person is registered under this Act if the person knows the
12
employee is not registered under this Act.
124 Restrictions on special purpose registrants, provisional general 13
registrants and provisional special purpose registrants 14
(1) A person who is a special purpose registrant or provisional special 15
purpose registrant must not-- 16
(a) claim, or hold himself or herself out, to be a general registrant or 17
provisional general registrant; or 18
(b) allow himself or herself to be held out as being a general 19
registrant or provisional general registrant; or 20
(c) claim, or hold himself or herself out, to be eligible to be a general 21
registrant or provisional general registrant. 22
Maximum penalty--100 penalty units. 23
(2) A person who is a provisional general registrant must not-- 24
(a) claim, or hold himself or herself out, to be a general registrant; or 25
(b) allow himself or herself to be held out as being a general 26
registrant; or 27
(c) claim, or hold himself or herself out, to be eligible to be a general 28
registrant. 29
Maximum penalty--100 penalty units. 30
(3) A person who is a provisional special purpose registrant must not-- 31
s 125 72 s 126
Optometrists Registration Bill 2001
(a) claim, or hold himself or herself out, to be a special purpose 1
registrant; or 2
(b) allow himself or herself to be held out as being a special purpose 3
registrant; or 4
(c) claim, or hold himself or herself out, to be eligible to be a special 5
purpose registrant. 6
Maximum penalty--100 penalty units. 7
125 Restrictions on registrants registered on conditions 8
A registrant who is registered on conditions must not-- 9
(a) claim, or hold himself or herself out, to be registered without the 10
conditions or any conditions; or 11
(b) allow himself or herself to be held out as being registered without 12
the conditions or any conditions. 13
Maximum penalty--100 penalty units. 14
Division 2--Notification of business names and other details 15
126 Notification of business names etc. 16
(1) A registrant must, before carrying on a business providing 17
professional services under a business name other than the registrant's own 18
name, give the board notice of the business name. 19
Maximum penalty--10 penalty units. 20
(2) Subsection (1) applies whether or not the business name is registered 21
under the Business Names Act 1962. 22
(3) An individual who is not a registrant must, before carrying on a 23
business providing professional services, give the board notice of-- 24
(a) the business name of the business (whether or not the name is 25
registered under the Business Names Act 1962); and 26
(b) the name and address of the individual. 27
Maximum penalty--10 penalty units. 28
(4) A corporation must, before carrying on a business providing 29
professional services, give the board notice of-- 30
s 127 73 s 128
Optometrists Registration Bill 2001
(a) the business name of the business (whether or not the name is 1
registered under the Business Names Act 1962); and 2
(b) the name and principal address of the corporation; and 3
(c) the names and addresses of-- 4
(i) if the corporation is a corporation under the Corporations 5
Law--the directors of the corporation; or 6
(ii) if the corporation is not a corporation under the 7
Corporations Law--the members of the governing body of 8
the corporation. 9
Maximum penalty for subsection (4)--50 penalty units. 10
127 Notification of change in business names etc. 11
(1) This section applies if-- 12
(a) a person has given the board a notice under section 126; and 13
(b) there is a change in the information contained in the notice. 14
(2) The person must, within 14 days after the happening of the change, 15
give the board notice of the change. 16
Maximum penalty--10 penalty units. 17
(3) The person does not commit an offence against section 126 during 18
the period of 14 days after the happening of the change if the person 19
complies with subsection (2). 20
Division 3--Advertising 21
128 Obligations of advertisers 22
(1) A person must not advertise a professional service, or a business 23
providing professional services, in a way that-- 24
(a) is false, misleading or deceptive or is likely to be misleading or 25
deceptive; or 26
27
Example for paragraph (a)--
28
An advertisement that contains a false claim about the beneficial outcome
29
of a professional service.
s 129 74 s 129
Optometrists Registration Bill 2001
(b) offers a discount, gift or other inducement to attract a person to 1
use the service or the business, unless the advertisement also 2
states the terms of the offer; or 3
(c) refers to, uses or cites actual or purported endorsements or 4
testimonials about the service or business, or a registrant; or 5
(d) is disparaging of-- 6
(i) a professional service provided by another person; or 7
(ii) a business providing professional services; or 8
(iii) a registrant. 9
Maximum penalty--200 penalty units. 10
(2) A person must not advertise a professional service that the person 11
knows or ought reasonably to know will, or is likely to, harm a person to 12
whom it is provided. 13
Maximum penalty--200 penalty units. 14
(3) A person must not advertise a registrant's expertise in a field of 15
practice of the profession unless the registrant has the skills, knowledge, 16
training or qualifications necessary to practise in the field. 17
Maximum penalty--200 penalty units. 18
(4) A printer or publisher does not commit an offence against 19
subsection (1), (2) or (3) merely by, as part of his or her business, printing 20
or publishing an advertisement for another person. 21
129 Information to appear in advertisements 22
(1) A person must not advertise a professional service, or a business 23
providing professional services, unless-- 24
(a) if a registrant provides the service, or carries on the business, 25
under a business name that is the registrant's own name--the 26
registrant's name is stated in the advertisement; or 27
(b) otherwise--the business name notified to the board under 28
section 126(1), (3) or (4) is stated in the advertisement. 29
Maximum penalty--50 penalty units. 30
(2) A printer or publisher does not commit an offence against 31
subsection (1) merely by, as part of his or her business, printing or 32
publishing an advertisement for another person. 33
s 130 75 s 131
Optometrists Registration Bill 2001
Division 4--Registrants' autonomy 1
130 Aiding, abetting etc. conduct that is a ground for disciplinary 2
action 3
(1) A person must not aid, abet, counsel, procure or induce a registrant to 4
engage in conduct that the person is aware, or ought reasonably be aware, 5
is conduct forming the basis for a ground for disciplinary action against a 6
registrant mentioned in the Health Practitioners (Professional Standards) 7
Act 1999, section 124(1).29 8
Maximum penalty--1 000 penalty units. 9
(2) To remove doubt, it is declared that a registrant may be induced by 10
threats or promises. 11
Division 5--Court orders and injunctions 12
131 Persons may be prohibited from supplying health services etc. 13
(1) This section applies if a person is convicted of an offence against 14
section 121, 122, 123, 128(1)(a), (2) or (3), 130(1) or 134.30 15
(2) The court sentencing the person for the offence may, on its own 16
initiative or the application of the prosecutor, make an order under 17
subsection (3) or (5). 18
(3) The court may make an order, applying for a period decided by the 19
court-- 20
(a) prohibiting the person from providing, or carrying on or 21
managing a business providing, a health service; or 22
(b) prohibiting the person from having a financial interest in a 23
business providing a health service; or 24
29 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
30 Section 121 (Taking of restricted titles etc.), 122 (Claims by persons as to
registration), 123 (Claims by persons as to other persons' registration),
128 (Obligations of advertisers), 130 (Aiding, abetting etc. conduct that is a ground
for disciplinary action) or 134 (Offence for taking reprisal)
s 132 76 s 132
Optometrists Registration Bill 2001
(c) if the person is a corporation, prohibiting an executive officer of 1
the corporation, who was in a position to influence the conduct of 2
the corporation in relation to the offence, from managing a 3
corporation that carries on a business providing a health service. 4
(4) For subsection (3)(c), a person manages a corporation if the person is 5
a director, or is in any way concerned in or takes part in the management 6
of, the corporation. 7
(5) Also, the court may make an order, applying for a period decided by 8
the court-- 9
(a) prohibiting the person from entering into commercial 10
arrangements with a person who provides, carries on or manages 11
a business providing, a health service; or 12
(b) if the person is a corporation, prohibiting an executive officer of 13
the corporation, who was in a position to influence the conduct of 14
the corporation in relation to the offence, from entering into 15
commercial arrangements with a person who provides, carries on 16
or manages a business providing, a health service. 17
(6) An order under subsection (3) or (5) may apply generally or be 18
limited in its application by reference to specified conditions, exceptions or 19
factors. 20
(7) A reference in subsection (5) to a person entering into commercial 21
arrangements includes the entering into commercial arrangements on 22
behalf of another person. 23
(8) A person must not contravene an order under subsection (3) or (5). 24
Maximum penalty for subsection (8)--1 000 penalty units. 25
132 Injunctions 26
(1) This section applies if-- 27
(a) a person (the "offending party")-- 28
(i) has engaged, is engaging or is proposing to engage in 29
conduct; or 30
(ii) has failed, is failing or is proposing to fail to do anything; 31
and 32
s 132 77 s 132
Optometrists Registration Bill 2001
(b) the conduct or failure constituted, constitutes or would constitute 1
a contravention of section 121, 122, 123, 128(1)(a), (2) or (3) 2
or 130(1). 3
(2) Application may be made to the court under this section for an 4
injunction in relation to the conduct or failure. 5
(3) The application may be made by the board or a person authorised in 6
writing by the board. 7
(4) The court may grant an interim injunction under this section until the 8
application is finally decided. 9
(5) On considering the application for the injunction, the court may-- 10
(a) in a case to which subsection (1)(a)(i) applies--grant an 11
injunction restraining the offending party from engaging in the 12
conduct concerned and, if in the court's opinion it is desirable to 13
do so, requiring the offending party to do anything; or 14
(b) in a case to which subsection (1)(a)(ii) applies--grant an 15
injunction requiring the offending party to do the thing 16
concerned. 17
(6) The court may grant the injunction-- 18
(a) if the court is satisfied that the offending party has engaged in the 19
conduct, or failed to do the thing, mentioned in subsection (1), 20
whether or not it appears to the court that the offending party 21
intends-- 22
(i) to engage again, or continue to engage, in the conduct; or 23
(ii) to again fail, or continue to fail, to do the thing; or 24
(b) if it appears to the court that, if the injunction is not granted, it is 25
likely that the offending party will engage in the conduct, or fail 26
to do the thing, mentioned in subsection (1), whether or not the 27
offending party has previously engaged in the conduct or failed 28
to do the thing. 29
(7) The court may grant the injunction on the terms the court considers 30
appropriate. 31
(8) Also, the court may grant an injunction requiring the offending party 32
to take stated action (including action to disclose information or publish 33
advertisements) to remedy any adverse effects of the offending party's 34
conduct or failure. 35
s 133 78 s 133
Optometrists Registration Bill 2001
(9) The court may discharge an injunction granted under this section at 1
any time. 2
(10) The powers conferred on the court by this section are in addition to, 3
and do not limit, any other powers of the court. 4
(11) In this section-- 5
"court" means-- 6
(a) if proceedings for an offence relating to the conduct or failure are 7
pending in a Magistrates Court--the Magistrates Court; or 8
(b) in any case--the District Court. 9
Division 6--Reprisals 10
133 Reprisal and grounds for reprisals 11
(1) A person must not cause, or attempt or conspire to cause, detriment 12
to another person because, or in the belief that-- 13
(a) anybody has given, or may give, information or assistance to the 14
board or an inspector about a person's alleged contravention of 15
division 1 or section 128(1)(a), (2) or (3) or 130(1);31 or 16
(b) anybody has given, or may give, evidence to the court in 17
proceedings for an offence against division 1 or 18
section 128(1)(a), (2) or (3) or 130(1). 19
(2) An attempt to cause detriment includes an attempt to induce a person 20
to cause detriment. 21
(3) A contravention of subsection (1) is a reprisal or the taking of a 22
reprisal. 23
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 24
the unlawful ground for the reprisal. 25
(5) For the contravention mentioned in subsection (3) to happen, it is 26
sufficient if the unlawful ground is a substantial ground for the act or 27
omission that is the reprisal, even if there is another ground for the act or 28
omission. 29
31 Division 1 (Restricted titles and holding out), section 128 (Obligations of
advertisers) or 130 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 134 79 s 136
Optometrists Registration Bill 2001
134 Offence for taking reprisal 1
A person who takes a reprisal commits an offence. 2
Maximum penalty--167 penalty units or 2 years imprisonment. 3
135 Damages entitlement for reprisal 4
(1) A reprisal is a tort and a person who takes a reprisal is liable in 5
damages to any person who suffers detriment as a result. 6
(2) Any appropriate remedy that may be granted by a court for a tort may 7
be granted by a court for the taking of a reprisal. 8
(3) If the claim for damages goes to trial in the Supreme Court or the 9
District Court, it must be decided by a judge sitting without a jury. 10
Division 7--Other provisions 11
136 Payment, or acceptance of payment, for referrals prohibited 12
(1) This section applies to a registrant, or a person carrying on a business 13
providing professional services, (the "service provider"). 14
(2) The service provider must not, directly or indirectly, pay an amount 15
or give another benefit, or attempt to pay an amount or give another 16
benefit, to a person in return for the person referring another person to the 17
service provider or service provider's business. 18
Maximum penalty--200 penalty units. 19
(3) The service provider must not, directly or indirectly, accept payment 20
or another benefit for referring a user of the professional services provided 21
by the service provider, or service provider's business, to a person 22
providing, or carrying on a business providing, a health service. 23
Maximum penalty for subsection (3)--200 penalty units. 24
s 137 80 s 141
Optometrists Registration Bill 2001
PART 5--INVESTIGATION AND ENFORCEMENT 1
Division 1--Inspectors 2
137 Functions of inspectors 3
An inspector has the function of conducting investigations and 4
inspections to enforce compliance with this Act. 5
138 Powers of inspectors 6
For this Act, an inspector has the powers given to the person under this 7
Act. 8
139 Limitation on powers of inspectors 9
The powers of an inspector may be limited under a condition of 10
appointment. 11
Division 2--Appointment of inspectors and other matters 12
140 Appointments 13
The board may appoint the following persons as an inspector-- 14
(a) a member; 15
(b) the executive officer; 16
(c) if the executive officer has agreed to the appointment, a member 17
of the office's staff the board considers has the necessary 18
expertise or experience to be an inspector; 19
(d) another person the board considers has the necessary expertise or 20
experience to be an inspector. 21
141 Appointment conditions 22
(1) An inspector holds office on the conditions stated in the instrument 23
of appointment. 24
s 142 81 s 144
Optometrists Registration Bill 2001
(2) An inspector ceases holding office-- 1
(a) if the appointment provides for a term of appointment--at the 2
end of the term; or 3
(b) if the conditions of appointment provide--on ceasing to hold 4
another office (the "main office") stated in the appointment 5
conditions. 6
(3) An inspector may resign by signed notice of resignation given to the 7
board. 8
(4) However, an inspector may not resign from the office of inspector 9
(the "secondary office") if a condition of the inspector's employment to 10
the main office requires the inspector to hold the secondary office. 11
142 Identity cards 12
(1) The board must give an identity card to each inspector. 13
(2) The identity card must-- 14
(a) contain a recent photograph of the inspector; and 15
(b) be signed by the inspector; and 16
(c) identify the person as an inspector for this Act; and 17
(d) include an expiry date for the card. 18
(3) This section does not prevent the issue of a single identity card to a 19
person for this Act and other Acts. 20
143 Failure to return identity card 21
A person who ceases to be an inspector must return the person's identity 22
card to the chairperson within 7 days after the person ceases to be an 23
inspector, unless the person has a reasonable excuse. 24
Maximum penalty--10 penalty units. 25
144 Production or display of inspector's identity card 26
(1) An inspector may exercise a power in relation to someone else (the 27
"other person") only if the inspector-- 28
(a) first produces the inspector's identity card for the other person's 29
inspection; or 30
s 145 82 s 146
Optometrists Registration Bill 2001
(b) has the identity card displayed so it is clearly visible to the other 1
person. 2
(2) However, if for any reason it is not practicable to comply with 3
subsection (1) before exercising the power, the inspector must produce the 4
identity card for the other person's inspection at the first reasonable 5
opportunity. 6
Division 3--Powers of inspectors 7
Subdivision 1--Entry of places 8
145 Power to enter places 9
(1) An inspector may enter a place if-- 10
(a) its occupier consents to the entry; or 11
(b) it is a public place and the entry is made when the place is open 12
to the public; or 13
(c) the entry is authorised by a warrant. 14
(2) For the purpose of asking the occupier of a place for consent to enter, 15
an inspector may, without the occupier's consent or a warrant-- 16
(a) enter land around premises at the place to an extent that is 17
reasonable to contact the occupier; or 18
(b) enter part of the place the inspector reasonably considers 19
members of the public ordinarily are allowed to enter when they 20
wish to contact the occupier. 21
Subdivision 2--Procedure for entry 22
146 Entry with consent 23
(1) This section applies if an inspector intends to ask an occupier of a 24
place to consent to the inspector or another inspector entering the place 25
under section 145(1)(a). 26
(2) Before asking for the consent, the inspector must tell the occupier-- 27
(a) the purpose of the entry; and 28
s 147 83 s 147
Optometrists Registration Bill 2001
(b) that the occupier is not required to consent. 1
(3) If the consent is given, the inspector may ask the occupier to sign an 2
acknowledgment of the consent. 3
(4) The acknowledgment must state-- 4
(a) the occupier has been told-- 5
(i) the purpose of the entry; and 6
(ii) that the occupier is not required to consent; and 7
(b) the purpose of the entry; and 8
(c) the occupier gives the inspector consent to enter the place and 9
exercise powers under this part; and 10
(d) the time and date the consent was given. 11
(5) If the occupier signs the acknowledgment, the inspector must 12
immediately give a copy to the occupier. 13
(6) A court must find the occupier of a place did not consent to an 14
inspector entering the place under this part if-- 15
(a) an issue arises in a proceeding before the court whether the 16
occupier of the place consented to the entry under 17
section 145(1)(a); and 18
(b) an acknowledgment mentioned in subsection (4) is not produced 19
in evidence for the entry; and 20
(c) it is not proved by the person relying on the lawfulness of the 21
entry that the occupier consented to the entry. 22
147 Application for warrant 23
(1) An inspector may apply to a magistrate for a warrant for a place. 24
(2) The application must be sworn and state the grounds on which the 25
warrant is sought. 26
(3) The magistrate may refuse to consider the application until the 27
inspector gives the magistrate all the information the magistrate requires 28
about the application in the way the magistrate requires. 29
30
Example--
31
The magistrate may require additional information supporting the application to be
32
given by statutory declaration.
s 148 84 s 149
Optometrists Registration Bill 2001
148 Issue of warrant 1
(1) The magistrate may issue a warrant only if the magistrate is satisfied 2
there are reasonable grounds for suspecting-- 3
(a) there is a particular thing or activity (the "evidence") that may 4
provide evidence of an offence against this Act; and 5
(b) the evidence is at the place, or may be at the place within the next 6
7 days. 7
(2) The warrant must state-- 8
(a) that a stated inspector may, with necessary and reasonable help 9
and force-- 10
(i) enter the place and any other place necessary for entry; and 11
(ii) exercise the inspector's powers under this part; and 12
(b) the offence for which the warrant is sought; and 13
(c) the evidence that may be seized under the warrant; and 14
(d) the hours of the day or night when the place may be entered; and 15
(e) the date, within 14 days after the warrant's issue, the warrant 16
ends. 17
149 Special warrants 18
(1) An inspector may apply for a warrant (a "special warrant") by 19
phone, fax, radio or another form of communication if the inspector 20
considers it necessary because of-- 21
(a) urgent circumstances; or 22
(b) other special circumstances, including, for example, the 23
inspector's remote location. 24
(2) Before applying for the special warrant, the inspector must prepare 25
an application stating the grounds on which the warrant is sought. 26
(3) The inspector may apply for the special warrant before the 27
application is sworn. 28
(4) After issuing the special warrant, the magistrate must immediately 29
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 30
practicable to fax the copy. 31
(5) If it is not reasonably practicable to fax a copy to the inspector-- 32
s 150 85 s 150
Optometrists Registration Bill 2001
(a) the magistrate must tell the inspector-- 1
(i) what the terms of the special warrant are; and 2
(ii) the date and time the special warrant was issued; and 3
(b) the inspector must complete a form of warrant (a "warrant 4
form") and write on it-- 5
(i) the magistrate's name; and 6
(ii) the date and time the magistrate issued the special warrant; 7
and 8
(iii) the terms of the special warrant. 9
(6) The facsimile warrant, or the warrant form properly completed by 10
the inspector, authorises the entry and the exercise of the other powers 11
stated in the special warrant issued. 12
(7) The inspector must, at the first reasonable opportunity, send to the 13
magistrate-- 14
(a) the sworn application; and 15
(b) if the inspector completed a warrant form, the completed warrant 16
form. 17
(8) On receiving the documents, the magistrate must attach them to the 18
special warrant. 19
(9) A court must find the exercise of the power by an inspector was not 20
authorised by a special warrant if-- 21
(a) an issue arises in a proceeding before the court whether the 22
exercise of the power was authorised by a special warrant 23
mentioned in subsection (1); and 24
(b) the special warrant is not produced in evidence; and 25
(c) it is not proved by the person relying on the lawfulness of the 26
entry that the inspector obtained the special warrant. 27
150 Warrants--procedure before entry 28
(1) This section applies if an inspector named in a warrant issued under 29
this part for a place is intending to enter the place under the warrant. 30
(2) Before entering the place, the inspector must do or make a 31
reasonable attempt to do the following things-- 32
s 151 86 s 151
Optometrists Registration Bill 2001
(a) identify himself or herself to a person present at the place who is 1
an occupier of the place by producing a copy of the inspector's 2
identity card or other document evidencing the inspector's 3
appointment; 4
(b) give the person a copy of the warrant or, if the entry is authorised 5
by a facsimile warrant or warrant form mentioned in 6
section 149(6), a copy of the facsimile warrant or warrant form; 7
(c) tell the person the inspector is permitted by the warrant to enter 8
the place; 9
(d) give the person an opportunity to allow the inspector immediate 10
entry to the place without using force. 11
(3) However, the inspector need not comply with subsection (2) if the 12
inspector believes on reasonable grounds that immediate entry to the place 13
is required to ensure the effective execution of the warrant is not frustrated. 14
Subdivision 3--Powers after entry 15
151 General powers after entering places 16
(1) This section applies to an inspector who enters a place. 17
(2) However, if an inspector enters a place to get the occupier's consent 18
to enter premises, this section applies to the inspector only if the consent is 19
given or the entry is otherwise authorised. 20
(3) For enforcing compliance with this Act, the inspector may-- 21
(a) search any part of the place; or 22
(b) inspect, measure, test, photograph or film any part of the place or 23
anything at the place; or 24
(c) take a thing, or a sample of or from a thing, for analysis or 25
testing; or 26
(d) take an extract from, or copy, a document at the place; or 27
(e) take into or onto the place any person, equipment and materials 28
the inspector reasonably requires for exercising a power under 29
this part; or 30
s 152 87 s 154
Optometrists Registration Bill 2001
(f) require the occupier of the place, or a person at the place, to give 1
the inspector reasonable help to exercise the inspector's powers 2
under paragraphs (a) to (e); or 3
(g) require the occupier of the place, or a person at the place, to give 4
the inspector information to help the inspector ascertain whether 5
this Act is being complied with. 6
(4) When making a requirement mentioned in subsection (3)(f) or (g), 7
the inspector must warn the person it is an offence to fail to comply with 8
the requirement, unless the person has a reasonable excuse. 9
152 Failure to help inspector 10
(1) A person required to give reasonable help under section 151(3)(f) 11
must comply with the requirement, unless the person has a reasonable 12
excuse. 13
Maximum penalty--50 penalty units. 14
(2) If an individual is required under section 151(3)(f) to give 15
information, or produce a document, it is a reasonable excuse for the 16
individual not to comply with the requirement that complying with the 17
requirement might tend to incriminate the individual. 18
153 Failure to give information 19
(1) A person of whom a requirement is made under section 151(3)(g) 20
must comply with the requirement, unless the person has a reasonable 21
excuse. 22
Maximum penalty--50 penalty units. 23
(2) It is a reasonable excuse for an individual not to comply with the 24
requirement that complying with the requirement might tend to incriminate 25
the individual. 26
Subdivision 4--Power to seize evidence 27
154 Seizing evidence at a place that may be entered without consent or 28
warrant 29
An inspector who enters a place that may be entered under this division 30
without the consent of the occupier and without a warrant, may seize a 31
s 155 88 s 156
Optometrists Registration Bill 2001
thing at the place if the inspector reasonably believes the thing is evidence 1
of an offence against this Act. 2
155 Seizing evidence at a place that may only be entered with consent 3
or warrant 4
(1) This section applies if-- 5
(a) an inspector is authorised to enter a place under this division only 6
with the consent of the occupier of the place or a warrant; and 7
(b) the inspector enters the place after obtaining the necessary 8
consent or warrant. 9
(2) If the inspector enters the place with the occupier's consent, the 10
inspector may seize a thing at the place if-- 11
(a) the inspector reasonably believes the thing is evidence of an 12
offence against this Act; and 13
(b) seizure of the thing is consistent with the purpose of entry as told 14
to the occupier when asking for the occupier's consent. 15
(3) If the inspector enters the place with a warrant, the inspector may 16
seize the evidence for which the warrant was issued. 17
(4) The inspector also may seize anything else at the place if the 18
inspector reasonably believes-- 19
(a) the thing is evidence of an offence against this Act; and 20
(b) the seizure is necessary to prevent the thing being-- 21
(i) hidden, lost or destroyed; or 22
(ii) used to continue, or repeat, the offence. 23
(5) Also, the inspector may seize a thing at the place if the inspector 24
reasonably believes it has just been used in committing an offence against 25
this Act. 26
156 Securing seized things 27
Having seized a thing, an inspector may-- 28
(a) move the thing from the place where it was seized (the "place of 29
seizure"); or 30
s 157 89 s 158
Optometrists Registration Bill 2001
(b) leave the thing at the place of seizure but take reasonable action 1
to restrict access to it. 2
3
Examples of restricting access to a thing--
4
1. Sealing a thing and marking it to show access to it is restricted.
5
2. Sealing the entrance to a room where the seized thing is situated and
6
marking the entrance to show access to the room is restricted.
157 Tampering with seized things 7
If an inspector restricts access to a seized thing, a person must not 8
tamper, or attempt to tamper, with the thing, or something restricting access 9
to the thing, without an inspector's approval. 10
Maximum penalty--100 penalty units. 11
158 Powers to support seizure 12
(1) To enable a thing to be seized, an inspector may require the person in 13
control of it-- 14
(a) to take it to a stated reasonable place by a stated reasonable time; 15
and 16
(b) if necessary, to remain in control of it at the stated place for a 17
reasonable time. 18
(2) The requirement-- 19
(a) must be made by notice in the approved form; or 20
(b) if for any reason it is not practicable to give the notice, may be 21
made orally and confirmed by notice in the approved form as 22
soon as practicable. 23
(3) A further requirement may be made under this section about the 24
same thing if it is necessary and reasonable to make the further 25
requirement. 26
(4) A person of whom a requirement is made under subsection (1) or (3) 27
must comply with the requirement, unless the person has a reasonable 28
excuse. 29
Maximum penalty for subsection (4)--50 penalty units. 30
s 159 90 s 160
Optometrists Registration Bill 2001
159 Receipts for seized things 1
(1) As soon as practicable after an inspector seizes a thing, the inspector 2
must give a receipt for it to the person from whom it was seized. 3
(2) However, if for any reason it is not practicable to comply with 4
subsection (1), the inspector must leave the receipt at the place of seizure in 5
a conspicuous position and in a reasonably secure way. 6
(3) The receipt must describe generally each thing seized and its 7
condition. 8
(4) This section does not apply to a thing if it is impracticable or would 9
be unreasonable to give the receipt, given the thing's nature, condition and 10
value. 11
160 Forfeiture of seized things 12
(1) A seized thing is forfeited to the State if the inspector who seized the 13
thing-- 14
(a) can not find its owner, after making reasonable inquiries; or 15
(b) can not return it to its owner, after making reasonable efforts; or 16
(c) reasonably believes it is necessary to retain the thing to prevent it 17
being used to commit an offence against this Act. 18
(2) In applying subsection (1)-- 19
(a) subsection (1)(a) does not require the inspector to make inquiries 20
if it would be unreasonable to make inquiries to find the owner; 21
and 22
(b) subsection (1)(b) does not require the inspector to make efforts if 23
it would be unreasonable to make efforts to return the thing to its 24
owner. 25
(3) If the inspector makes a decision under subsection (1)(c), resulting in 26
the seized thing being forfeited to the State, the inspector must immediately 27
give the owner an information notice for the decision. 28
(4) Subsection (3) does not apply if-- 29
(a) the inspector can not find the owner, after making reasonable 30
inquiries; or 31
(b) it is impracticable or would be unreasonable to give the 32
information notice. 33
s 161 91 s 162
Optometrists Registration Bill 2001
(5) Regard must be had to a thing's nature, condition and value-- 1
(a) in deciding-- 2
(i) whether it is reasonable to make inquiries or efforts; and 3
(ii) if making inquiries or efforts, what inquiries or efforts, 4
including the period over which they are made, are 5
reasonable; or 6
(b) in deciding whether it would be unreasonable to give the 7
information notice. 8
161 Forfeiture on conviction 9
(1) On the conviction of a person for an offence against this Act, the 10
court may order the forfeiture to the State of-- 11
(a) anything used to commit the offence; or 12
(b) anything else the subject of the offence. 13
(2) The court may make the order-- 14
(a) whether or not the thing has been seized; and 15
(b) if the thing has been seized, whether or not the thing has been 16
returned to its owner. 17
(3) The court may make any order to enforce the forfeiture it considers 18
appropriate. 19
(4) This section does not limit the court's powers under the Penalties 20
and Sentences Act 1992 or another law. 21
162 Dealing with forfeited things etc. 22
(1) On the forfeiture of a thing to the State, the thing becomes the State's 23
property and may be dealt with by the executive officer as the executive 24
officer considers appropriate. 25
(2) Without limiting subsection (1), the executive officer may destroy or 26
dispose of the thing. 27
(3) Despite subsection (1), the executive officer must not deal with the 28
thing in a way that could prejudice the outcome of-- 29
(a) an appeal started under section 177(3); or 30
s 163 92 s 165
Optometrists Registration Bill 2001
(b) another appeal, relevant to the thing, of which the executive 1
officer is aware. 2
163 Return of seized things 3
(1) If a seized thing has not been forfeited, the inspector must return it to 4
its owner-- 5
(a) at the end of 6 months; or 6
(b) if a proceeding for an offence involving the thing is started within 7
6 months, at the end of the proceeding and any appeal from the 8
proceeding. 9
(2) Despite subsection (1), unless the thing has been forfeited, the 10
inspector must immediately return a thing seized as evidence to its owner if 11
the inspector stops being satisfied its continued retention as evidence is 12
necessary. 13
164 Access to seized things 14
(1) Until a seized thing is forfeited or returned, an inspector must allow 15
its owner to inspect it and, if it is a document, to copy it. 16
(2) Subsection (1) does not apply if it is impracticable or would be 17
unreasonable to allow the inspection or copying. 18
Subdivision 5--Power to obtain information 19
165 Power to require name and address 20
(1) This section applies if-- 21
(a) an inspector finds a person committing an offence against this 22
Act; or 23
(b) an inspector finds a person in circumstances that lead, or has 24
information that leads, the inspector to reasonably suspect the 25
person has just committed an offence against this Act. 26
(2) The inspector may require the person to state the person's name and 27
residential address. 28
s 166 93 s 167
Optometrists Registration Bill 2001
(3) When making the requirement, the inspector must warn the person it 1
is an offence to fail to state the person's name or residential address, unless 2
the person has a reasonable excuse. 3
(4) The inspector may require the person to give evidence of the 4
correctness of the stated name or residential address if the inspector 5
reasonably suspects the stated name or address is false. 6
(5) A requirement under subsection (2) or (4) is called a "personal 7
details requirement". 8
166 Failure to give name or address 9
(1) A person of whom a personal details requirement is made must 10
comply with the requirement, unless the person has a reasonable excuse. 11
Maximum penalty--50 penalty units. 12
(2) A person does not commit an offence against subsection (1) if-- 13
(a) the person was required to state the person's name and residential 14
address by an inspector who suspected the person had committed 15
an offence against this Act; and 16
(b) the person is not proved to have committed the offence. 17
167 Power to require production of documents 18
(1) An inspector may require a person to make available for inspection 19
by an inspector, or produce to the inspector for inspection, at a reasonable 20
time and place nominated by the inspector a document issued to the person 21
under this Act. 22
(2) The inspector may keep the document to copy it. 23
(3) The inspector must return the document to the person as soon as 24
practicable after copying it. 25
(4) While the document is in the inspector's possession, the inspector 26
must allow it to be inspected or copied, at a reasonable time, by a person 27
who would be entitled to inspect or copy it were it not in the inspector's 28
possession. 29
(5) A requirement under subsection (1) is called a "document 30
production requirement". 31
s 168 94 s 170
Optometrists Registration Bill 2001
168 Failure to produce document 1
(1) A person of whom a document production requirement is made must 2
comply with the requirement, unless the person has a reasonable excuse. 3
Maximum penalty--50 penalty units. 4
(2) It is not a reasonable excuse for an individual not to comply with a 5
document production requirement if complying with the requirement might 6
tend to incriminate the individual. 7
169 Power to require information 8
(1) This section applies if an inspector reasonably believes-- 9
(a) an offence against this Act has been committed; and 10
(b) a person may be able to give information about the offence. 11
(2) The inspector may, by notice given to the person, require the person 12
to give information, including a document, about the offence to the 13
inspector at a stated reasonable time and place. 14
(3) The person must comply with a requirement under subsection (2), 15
unless the person has a reasonable excuse. 16
Maximum penalty--50 penalty units. 17
(4) For this section, it is a reasonable excuse for an individual to fail to 18
give information that giving the information might tend to incriminate the 19
individual. 20
Division 4--General enforcement matters 21
170 Notice of damage 22
(1) This section applies if-- 23
(a) an inspector damages property when exercising or purporting to 24
exercise a power; or 25
(b) a person (the "other person") acting under the direction of an 26
inspector damages property. 27
(2) The inspector must immediately give notice of particulars of the 28
damage to the person who appears to the inspector to be the owner of the 29
property. 30
s 171 95 s 171
Optometrists Registration Bill 2001
(3) If the inspector believes the damage was caused by a latent defect in 1
the property or circumstances beyond the inspector's or other person's 2
control, the inspector may state the belief in the notice. 3
(4) If, for any reason, it is impracticable to comply with subsection (2), 4
the inspector must leave the notice in a conspicuous position and in a 5
reasonably secure way where the damage happened. 6
(5) This section does not apply to damage the inspector reasonably 7
believes is trivial. 8
(6) In this section-- 9
"owner", of property, includes the person in possession or control of it. 10
171 Compensation 11
(1) A person may claim from the board the cost of repairing or replacing 12
property damaged because of the exercise or purported exercise of a power 13
under any of the following subdivisions of division 332-- 14
· subdivision 1 (Entry of places) 15
· subdivision 3 (Powers after entry) 16
· subdivision 4 (Power to seize evidence). 17
(2) Without limiting subsection (1), compensation may be claimed for 18
loss or expense incurred in complying with a requirement made of the 19
person under the subdivision. 20
(3) Compensation may be claimed and ordered to be paid in a 21
proceeding-- 22
(a) brought in a court with jurisdiction for the recovery of the 23
amount of compensation claimed; or 24
(b) for an offence against this Act brought against the person 25
claiming compensation. 26
(4) A court may order compensation to be paid only if it is satisfied it is 27
just to make the order in the circumstances of the particular case. 28
32 Division 3 (Powers of inspectors)
s 172 96 s 174
Optometrists Registration Bill 2001
172 False or misleading information 1
A person must not give information to an inspector the person knows is 2
false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
173 False or misleading documents 5
(1) A person must not give an inspector a document containing 6
information the person knows is false or misleading in a material 7
particular. 8
Maximum penalty--50 penalty units. 9
(2) Subsection (1) does not apply to a person if the person, when giving 10
the document-- 11
(a) tells the inspector, to the best of the person's ability, how it is 12
false or misleading; and 13
(b) if the person has, or can reasonably obtain, the correct 14
information, gives the correct information. 15
174 Obstructing inspectors 16
(1) A person must not obstruct an inspector in the exercise of a power, 17
unless the person has a reasonable excuse. 18
Maximum penalty--100 penalty units. 19
(2) If a person has obstructed an inspector and the inspector decides to 20
proceed with the exercise of the power, the inspector must warn the person 21
that-- 22
(a) it is an offence to obstruct the inspector, unless the person has a 23
reasonable excuse; and 24
(b) the inspector considers the person's conduct is an obstruction. 25
(3) In this section-- 26
"obstruct" includes hinder and attempt to obstruct or hinder. 27
s 175 97 s 177
Optometrists Registration Bill 2001
175 Impersonation of inspectors 1
A person must not pretend to be an inspector. 2
Maximum penalty--50 penalty units. 3
PART 6--APPEALS 4
176 Who may appeal 5
(1) A person (the "appellant") who is given, or is entitled to be given, 6
an information notice for a decision (the "original decision") may appeal 7
against the decision to the District Court.33 8
(2) To help users of this Act, schedule 1 identifies the decisions for 9
which an information notice must be given under this Act. 10
177 Starting appeals 11
(1) The appeal may be started at-- 12
(a) the District Court at the place where the person resides or carries 13
on business; or 14
(b) the District Court at Brisbane. 15
(2) Subsection (1) does not limit the District Court at which the appeal 16
may be started under the Uniform Civil Procedure Rules 1999. 17
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 18
must be filed with the registrar of the court within 28 days after-- 19
(a) if the appellant is given an information notice for the original 20
decision--the day the appellant is given the notice; or 21
(b) if paragraph (a) does not apply--the day the person otherwise 22
becomes aware of the original decision. 23
(4) The court may, at any time, extend the period for filing the notice of 24
appeal. 25
33 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 178 98 s 179
Optometrists Registration Bill 2001
178 Hearing procedures 1
(1) In deciding the appeal, the court-- 2
(a) has the same powers as the person who made the original 3
decision; and 4
(b) is not bound by the rules of evidence; and 5
(c) must comply with natural justice. 6
(2) The appeal is by way of rehearing, unaffected by the original 7
decision, on the material before the person who made the original decision 8
and any further evidence allowed by the court. 9
179 Powers of court on appeal 10
(1) In deciding the appeal, the court may-- 11
(a) confirm the original decision; or 12
(b) amend the original decision; or 13
(c) substitute another decision for the original decision; or 14
(d) set aside the original decision and return the issue to the board 15
with the directions the court considers appropriate. 16
(2) In substituting another decision for the original decision, the court 17
has the same powers as the person who made the original decision. 18
19
Example--
20
The court may decide that an unsuccessful applicant for general registration be
21
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 22
decision for the original decision, the amended or substituted decision is, 23
for this Act (other than this part) taken to be the decision of the person who 24
made the original decision. 25
(4) If the court decides to impose conditions on a registration, the court 26
must-- 27
(a) state the reasons for the decision; and 28
(b) if the registration is a general registration, decide and state the 29
review period applying to the conditions.34 30
34 The conditions may be reviewed under part 3 (Registration), division 7 (Reviewing
conditions of general registrations).
s 180 99 s 182
Optometrists Registration Bill 2001
(5) If the court decides to impose conditions on a registration because of 1
the registrant's mental and physical health, it must also decide whether 2
details of the conditions must be recorded in the register for the period for 3
which the conditions are in force. 4
(6) The court must decide not to record details of the conditions 5
mentioned in subsection (5) in the register unless it reasonably believes it is 6
in the interests of users of the registrant's services or the public to know the 7
details. 8
180 Appointment of assessors 9
(1) If the court is of the opinion that the appeal involves a question of 10
special knowledge and skill, the court may appoint 1 or more assessors 11
who in the court's opinion possess the special qualifications necessary for 12
the particular case to assist the court in its deciding the appeal. 13
(2) An assessor may advise the court on any matter, but all questions of 14
law and fact are to be decided by the court. 15
(3) The court may give the weight to the advice that it considers 16
appropriate. 17
PART 7--LEGAL PROCEEDINGS 18
Division 1--Evidence 19
181 Application of division 20
This division applies to a proceeding under this Act. 21
182 Appointments and authority 22
It is not necessary to prove-- 23
(a) an inspector's, or member's, appointment; or 24
(b) the executive officer's appointment; or 25
(c) the authority of an inspector, a member, the executive officer or a 26
member of the office's staff to do anything under this Act. 27
s 183 100 s 184
Optometrists Registration Bill 2001
183 Signatures 1
A signature purporting to be the signature of the Minister, the 2
chairperson, a member, an inspector, the executive officer or a member of 3
the office's staff is evidence of the signature it purports to be. 4
184 Evidentiary provisions 5
A certificate purporting to be signed by the executive officer and stating 6
any of the following matters is evidence of the matter-- 7
(a) a stated document is one of the following things made, given, 8
issued or kept under this Act-- 9
(i) an appointment, approval or decision; 10
(ii) a notice, direction or requirement; 11
(iii) a certificate of registration; 12
(iv) a record, or an extract from a record; 13
(v) the register, or an extract from the register; 14
(b) a stated document is another document kept under this Act; 15
(c) a stated document is a copy of a thing mentioned in paragraph (a) 16
or (b); 17
(d) on a stated day, or during a stated period, a stated person was or 18
was not a registrant; 19
(e) on a stated day, or during a stated period, a registration-- 20
(i) was or was not in force; or 21
(ii) was or was not subject to a stated condition; 22
(f) on a stated day, a registration was cancelled; 23
(g) on a stated day, or during a stated period, an appointment as an 24
inspector was, or was not, in force for a stated person; 25
(h) on a stated day, a stated person was given a stated notice or 26
direction under this Act; 27
(i) on a stated day, a stated requirement was made of a stated person. 28
s 185 101 s 186
Optometrists Registration Bill 2001
Division 2--Proceedings 1
185 Indictable and summary offences 2
(1) An offence against section 13435 is an indictable offence. 3
(2) Any other offence against this Act is a summary offence. 4
186 Proceedings for indictable offences 5
(1) A proceeding for an indictable offence against this Act may be taken, 6
at the election of the prosecution-- 7
(a) by way of summary proceeding under the Justices Act 1886; or 8
(b) on indictment. 9
(2) A magistrate must not hear an indictable offence summarily if-- 10
(a) the defendant asks at the start of the hearing that the charge be 11
prosecuted on indictment; or 12
(b) the magistrate considers the charge should be prosecuted on 13
indictment. 14
(3) If subsection (2) applies-- 15
(a) the magistrate must proceed by way of an examination of 16
witnesses for an indictable offence; and 17
(b) a plea of the person charged at the start of the proceeding must be 18
disregarded; and 19
(c) evidence brought in the proceeding before the magistrate decided 20
to act under subsection (2) is taken to be evidence in the 21
proceeding for the committal of the person for trial or sentence; 22
and 23
(d) before committing the person for trial or sentence, the magistrate 24
must make a statement to the person as required by the Justices 25
Act 1886, section 104(2)(b).36 26
35 Section 134 (Offence for taking reprisal)
36 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 187 102 s 191
Optometrists Registration Bill 2001
187 Limitation on who may summarily hear indictable offence 1
(1) The proceeding must be before a magistrate if it is a proceeding-- 2
(a) for the summary conviction of a person on a charge for an 3
indictable offence; or 4
(b) for an examination of witnesses for a charge for an indictable 5
offence. 6
(2) However, if the proceeding is brought before a justice who is not a 7
magistrate, jurisdiction is limited to taking or making a procedural action 8
or order within the meaning of the Justices of the Peace and 9
Commissioners for Declarations Act 1991. 10
188 Limitation on time for starting summary proceedings 11
A proceeding for a summary offence against this Act by way of 12
summary proceeding under the Justices Act 1886 must start-- 13
(a) within 1 year after the commission of the offence; or 14
(b) within 6 months after the offence comes to the complainant's 15
knowledge, but within 2 years after the commission of the 16
offence. 17
189 Allegations of false or misleading information or documents 18
In any proceeding for an offence against this Act defined as involving 19
false or misleading information, or a false or misleading document, it is 20
enough for a charge to state that the information or document was, without 21
specifying which, `false or misleading'. 22
190 Penalties to be paid to board 23
All penalties recovered as a result of proceedings for offences against 24
this Act brought by the board must be ordered to be paid to the board. 25
191 Responsibility for acts or omissions of representatives 26
(1) This section applies in a proceeding for an offence against this Act. 27
(2) If it is relevant to prove a person's state of mind about a particular act 28
or omission, it is enough to show-- 29
s 192 103 s 192
Optometrists Registration Bill 2001
(a) the act was done or omitted to be done by a representative of the 1
person within the scope of the representative's actual or apparent 2
authority; and 3
(b) the representative had the state of mind. 4
(3) An act done or omitted to be done for a person by a representative of 5
the person within the scope of the representative's actual or apparent 6
authority is taken to have been done or omitted to be done also by the 7
person, unless the person proves the person could not, by the exercise of 8
reasonable diligence, have prevented the act or omission. 9
(4) In this section-- 10
"representative" means-- 11
(a) for a corporation--an executive officer, employee or agent of the 12
corporation; or 13
(b) for an individual--an employee or agent of the individual. 14
"state of mind" of a person includes-- 15
(a) the person's knowledge, intention, opinion, belief or purpose; 16
and 17
(b) the person's reasons for the intention, opinion, belief or purpose. 18
192 Executive officers must ensure corporation complies with Act 19
(1) The executive officers of a corporation must ensure the corporation 20
complies with this Act. 21
(2) If a corporation commits an offence against a provision of this Act, 22
each of the corporation's executive officers also commits an offence, 23
namely, the offence of failing to ensure the corporation complies with the 24
provision. 25
Maximum penalty--the penalty for the contravention of the provision by 26
an individual. 27
(3) Evidence that the corporation has been convicted of an offence 28
against a provision of this Act is evidence that each of the executive 29
officers committed the offence of failing to ensure the corporation 30
complies with the provision. 31
(4) However, it is a defence for an executive officer to prove-- 32
s 193 104 s 193
Optometrists Registration Bill 2001
(a) if the officer was in a position to influence the conduct of the 1
corporation in relation to the offence, the officer exercised 2
reasonable diligence to ensure the corporation complied with the 3
provision; or 4
(b) the officer was not in a position to influence the conduct of the 5
corporation in relation to the offence. 6
PART 8--REGISTER, RECORDS AND INFORMATION 7
Division 1--Register 8
193 Register to be kept 9
(1) The board must keep a register about registrants. 10
(2) The register may be kept in the way the board considers appropriate, 11
including, for example, in an electronic form. 12
(3) The register must contain the following details for each registrant-- 13
(a) the registrant's name; 14
(b) an address of the registrant notified by the registrant to the board; 15
(c) whether the registrant is a general registrant, provisional general 16
registrant, special purpose registrant or provisional special 17
purpose registrant; 18
(d) the qualification relied on by the registrant to obtain registration; 19
(e) if the registrant is a special purpose registrant or provisional 20
special purpose registrant, details of the special activity for 21
which the registrant is registered; 22
(f) if conditions are imposed, under this Act, on the registrant's 23
registration-- 24
(i) for conditions imposed because of the registrant's mental 25
and physical health, the details of which it has been decided 26
under this Act not to record in the register--the fact that 27
conditions have been imposed; or 28
(ii) otherwise--details of the conditions; 29
s 194 105 s 195
Optometrists Registration Bill 2001
(g) any other information required to be recorded in the register 1
under the Health Practitioners (Professional Standards) Act 2
1999; 3
(h) other details prescribed under a regulation. 4
(4) For subsection (3)(f), the fact or details must be recorded in the 5
register for the period the conditions are in force. 6
194 Inspection of register 7
(1) The board must-- 8
(a) keep the register open for inspection, free of charge, at the office 9
by members of the public during ordinary office hours; and 10
(b) give a person a copy of the register, or a part of it, on payment of 11
the fee prescribed under a regulation. 12
(2) Subsection (1) does not apply to details of the residential address of a 13
registrant, unless the registrant gives notice to the board that he or she 14
agrees to the details being able to be inspected. 15
Division 2--Records to be kept 16
195 Records 17
(1) The board must keep records of the following details about each 18
registrant or former registrant-- 19
(a) if the registration was affected under the Health Practitioners 20
(Professional Standards) Act 1999, details of the way it was 21
affected and the reason for it being affected; 22
(b) if the registration was cancelled under this Act, the fact of, and 23
the reason for, the cancellation; 24
(c) if conditions were, under this Act, imposed on the registration, 25
details of the conditions and the reasons for their imposition; 26
(d) other details prescribed under a regulation. 27
(2) The records must be kept for at least 10 years. 28
s 196 106 s 196
Optometrists Registration Bill 2001
Division 3--Information 1
196 Confidentiality of information 2
(1) This section applies to a person (the "relevant person") who is or 3
was-- 4
(a) a member; or 5
(b) a member of a committee; or 6
(c) appointed by the board to conduct a health assessment of another 7
person; or 8
(d) an inspector; or 9
(e) the executive officer or a member of the office's staff; or 10
(f) otherwise involved in the administration of this Act. 11
(2) This section applies to information about a person obtained by the 12
relevant person in the course of performing the relevant person's functions 13
under this Act. 14
(3) The relevant person must not disclose the information to anyone else. 15
Maximum penalty--100 penalty units. 16
(4) However, the relevant person may disclose the information to 17
someone else-- 18
(a) to the extent necessary to perform the relevant person's functions 19
under or relating to this Act or the Health Practitioners 20
(Professional Standards) Act 1999; or 21
(b) if the disclosure is authorised under this or another Act; or 22
(c) if the disclosure is otherwise required or permitted by law; or 23
(d) if the person to whom the information relates agrees to the 24
disclosure; or 25
(e) if the disclosure is in a form that does not disclose the identity of 26
a person; or 27
(f) if the information is, or has been, accessible to the public, 28
including, for example, because it is or was recorded in the 29
register; or 30
s 197 107 s 197
Optometrists Registration Bill 2001
(g) if the disclosure is to a foreign regulatory authority and the 1
disclosure is necessary for the authority to perform its functions; 2
or 3
(h) if the disclosure is to the Minister to allow the Minister to act 4
under paragraph (i); or 5
(i) if the Minister considers the disclosure is in the public interest 6
and authorises the relevant person to disclose the information. 7
(5) If the Minister authorises information to be disclosed under 8
subsection (4)(i) about a matter concerning a registrant, the Minister must 9
inform the board of the authorisation and its purpose. 10
(6) In this section-- 11
"information", about a person, means-- 12
(a) information about the person's health that identifies, or is likely 13
to identify, the person; or 14
(b) information about the person's criminal history obtained under a 15
request under section 45(4). 16
197 Board's annual report must disclose authorisation 17
(1) This section applies if the board is given information, under 18
section 196(5), in a financial year about an authorisation. 19
(2) The board must include a statement about the authorisation in its 20
annual report under the Financial Administration and Audit Act 1977 for 21
the financial year. 22
(3) The statement must include general details about-- 23
(a) the nature of the information disclosed under the authorisation; 24
and 25
(b) the purpose for which the information was disclosed. 26
(4) However, the statement must not identify any person. 27
s 198 108 s 200
Optometrists Registration Bill 2001
PART 9--MISCELLANEOUS 1
Division 1--Abandoned, and other, health records 2
198 Definitions for div 1 3
In this division-- 4
"health records" means documents, recording the health history, 5
condition and treatment of users of the professional services provided 6
by a person, made in the course of the person's practice of the 7
profession. 8
"possess", a health record, includes having the record under control in any 9
place, whether or not another person has custody of the record. 10
199 Board may take possession of abandoned health records 11
(1) This section applies if the board suspects on reasonable grounds that 12
health records have been abandoned. 13
(2) The board may take and keep possession of the records to be dealt 14
with under this division. 15
(3) For taking possession of the records, the board may give notice to the 16
occupier of the place where the records are situated to deliver the records to 17
the board to be dealt with under this division. 18
(4) The notice must state that the requirement must be complied with 19
within a period of 14 days after the occupier receives the notice. 20
(5) The occupier must comply with the requirement within the stated 21
period, unless the occupier has a reasonable excuse. 22
Maximum penalty for subsection (5)--50 penalty units. 23
200 Health records forming part of deceased estate 24
(1) This section applies if health records form part of a deceased estate. 25
(2) The personal representative of the deceased person concerned may 26
deliver the records into the possession of the board to be dealt with under 27
this division. 28
s 201 109 s 203
Optometrists Registration Bill 2001
201 Health records of persons convicted of an offence against s 121(1) 1
or (6) or 122 2
(1) This section applies to a person who is convicted of an offence 3
against section 121(1) or (6) or 122.37 4
(2) The board may give the person notice to deliver health records in the 5
possession or control of the person into the possession of the board to be 6
dealt with under this division. 7
(3) The person must within 14 days after receiving the notice deliver the 8
records into the possession of the board. 9
Maximum penalty--50 penalty units. 10
(4) If the person does not comply with the notice, the board may take 11
and keep possession of the records. 12
202 Dealing with certain health records seized under s 154 or 155 13
(1) This section applies if, under section 154 or 155,38 an inspector seizes 14
health records that the board may take and keep possession of under 15
section 199 or 201. 16
(2) The inspector must deliver the health records into the possession of 17
the board to be dealt with under this division. 18
(3) Sections 160, 163 and 16439 do not apply to health records delivered 19
to the board under subsection (2). 20
203 How board may deal with health records 21
(1) This section applies if the board takes possession of a health record 22
under this division. 23
(2) The board may-- 24
(a) give the record to the person to whom the record relates; or 25
37 Section 121 (Taking of restricted titles etc.) or 122 (Claims by persons as to
registration)
38 Section 154 (Seizing evidence at a place that may be entered without consent or
warrant) or 155 (Seizing evidence at a place that may only be entered with consent
or warrant)
39 Sections 160 (Forfeiture of seized things), 163 (Return of seized things) and
164 (Access to seized things)
s 204 110 s 205
Optometrists Registration Bill 2001
(b) if directed by the person, give the record to a registrant under a 1
health practitioner registration Act chosen by the person; or 2
(c) if the board can not find the person after making reasonable 3
inquiries, keep the record; or 4
(d) if the board can not find the person, after making reasonable 5
inquiries, and decides it is no longer necessary to keep the 6
record, destroy the record. 7
(3) To remove doubt, it is declared that the board is taken to be keeping a 8
health record if another body stores the record on its behalf. 9
204 Destruction of health records 10
(1) This section applies if the board destroys a health record under 11
section 203(2)(d). 12
(2) Compensation is not recoverable against the board because of the 13
destruction of the record. 14
Division 2--Continuing professional education of registrants 15
205 Continuing professional education programs 16
(1) The board may develop or recognise a program for the continuing 17
professional education of registrants. 18
(2) The board must give notice to all registrants, to whom the program is 19
relevant, of details of the program. 20
(3) The program may state the minimum continuing professional 21
education requirements a registrant needs to satisfy, in a stated period, to 22
keep up-to-date with developments in the practice of the profession. 23
(4) A registrant who has satisfied the requirements in the stated period 24
may advertise this fact. 25
(5) A registrant who has not satisfied the requirements in the stated 26
period must not advertise that the registrant has satisfied the requirements. 27
Maximum penalty for subsection (5)--50 penalty units. 28
s 206 111 s 207
Optometrists Registration Bill 2001
Division 3--Other provisions 1
206 Protecting officials from liability 2
(1) An official is not civilly liable for an act done, or omission made, 3
honestly and without negligence under this Act. 4
(2) If subsection (1) prevents a civil liability attaching to an official, the 5
liability attaches instead to the board. 6
(3) In this section-- 7
"official" means-- 8
(a) a member; or 9
(b) a committee member who is not a board member; or 10
(c) the executive officer; or 11
(d) a person appointed by the board to conduct a health assessment 12
of another person; or 13
(e) an inspector; or 14
(f) a person acting under the direction or authority of an inspector. 15
207 False or misleading information or documents 16
(1) A person must not give information to the board the person knows is 17
false or misleading in a material particular. 18
Maximum penalty--50 penalty units. 19
(2) A person must not give the board a document containing information 20
the person knows is false or misleading in a material particular. 21
Maximum penalty--50 penalty units. 22
(3) Subsection (2) does not apply to a person if the person, when giving 23
the document-- 24
(a) tells the board, to the best of the person's ability, how it is false or 25
misleading; and 26
(b) if the person has, or can reasonably obtain, the correct 27
information, gives the correct information. 28
s 208 112 s 212
Optometrists Registration Bill 2001
208 Certificates etc. not to be false or misleading 1
A registrant must not, in the registrant's professional capacity, sign or 2
give to another person, a certificate, notice, report or other document the 3
registrant knows is false or misleading in a material particular. 4
Maximum penalty--50 penalty units. 5
209 Application of provisions 6
(1) This section applies if a provision of this Act applies another 7
provision of this Act for a purpose. 8
(2) The other provision, and any definition relevant to the other 9
provision, apply with any necessary changes. 10
(3) Subsection (2) is not limited merely because a provision states how 11
the other provision is to apply. 12
210 Approval of forms 13
The board may approve forms for use under this Act. 14
211 Examination fees 15
A person who sits an examination set and administered by the board 16
under this Act must, before sitting the examination, pay the board the fee 17
for the examination prescribed under a regulation. 18
212 Regulation-making power 19
(1) The Governor in Council may make regulations under this Act. 20
(2) A regulation may be made about the following-- 21
(a) fees, including the refunding of fees, for this Act; 22
(b) imposing a penalty of not more than 20 penalty units for a 23
contravention of a provision of a regulation. 24
(3) Without limiting subsection (2)(a), a regulation may prescribe 25
amounts as fees having regard to the costs of the board performing its 26
functions under, or complying with-- 27
s 213 113 s 216
Optometrists Registration Bill 2001
(a) an Act in the legislative scheme; or 1
(b) another Act. 2
PART 10--REPEAL, TRANSITIONAL AND SAVINGS 3
PROVISIONS 4
Division 1--Repeal 5
213 Repeal of Optometrists Act 1974 6
The Optometrists Act 1974 (1974 Act No. 77) is repealed. 7
Division 2--Transitional provisions 8
214 Definitions for div 2 9
In this division-- 10
"commencement" means commencement of this section. 11
"former board" means the Optometrists Board of Queensland under the 12
repealed Act. 13
215 References to repealed Act or former board 14
(1) In an Act or document, a reference to the repealed Act may, if the 15
context permits, be taken as a reference to this Act. 16
(2) A reference in an Act or document to the former board may, if the 17
context permits, be taken as a reference to the board. 18
216 Board is the legal successor 19
(1) The board is the successor in law of the former board. 20
(2) Sections 217 to 221 do not limit subsection (1). 21
s 217 114 s 221
Optometrists Registration Bill 2001
217 Assets and liabilities etc. 1
On the commencement-- 2
(a) the assets and liabilities of the former board become assets and 3
liabilities of the board; and 4
(b) any contracts entered into by or on behalf of the former board 5
and all guarantees, undertakings and securities given by or on 6
behalf of the former board, in force immediately before the 7
commencement, are taken to have been entered into or given by 8
or to the board and may be enforced against or by the board; and 9
(c) any property that, immediately before the commencement, was 10
held on trust, or subject to a condition, by the former board 11
continues to be held by the board on the same trusts, or subject to 12
the same condition. 13
218 Service agreements 14
A service agreement entered into by the former board, in force 15
immediately before the commencement, is taken to have been entered into 16
by the board. 17
219 Proceedings 18
A proceeding that could have been started or continued by or against the 19
former board before the commencement may be started or continued by or 20
against the board. 21
220 Dealing with matter under Health Practitioners (Professional 22
Standards) Act 1999 23
A matter that had started to be, or could have been, dealt with under the 24
Health Practitioners (Professional Standards) Act 1999 by the former 25
board before the commencement may be continued, or started, to be dealt 26
with by the board. 27
221 Offences 28
(1) Proceedings for an offence against the repealed Act may be 29
continued, or started by the board, and the provisions of the repealed Act 30
and the Medical Act and Other Acts (Administration) Act 1966 necessary 31
s 222 115 s 222
Optometrists Registration Bill 2001
or convenient to be used in relation to the proceedings continue to apply, as 1
if this Act had not commenced. 2
(2) For subsection (1), the Acts Interpretation Act 1954, section 2040 3
applies, but does not limit the subsection. 4
(3) This section has effect despite the repeal of the Medical Act and 5
Other Acts (Administration) Act 1966. 6
222 Membership of board 7
(1) From the commencement, the board consists of the existing 8
members. 9
(2) Also, the board may include other persons appointed by the 10
Governor in Council (the "additional members"). 11
(3) However, the first board must not consist of more than 11 members. 12
(4) An existing member holds office as a member until the earlier of the 13
following days-- 14
(a) the day the existing member's term of appointment under the 15
repealed Act would have ended if this Act had not commenced; 16
(b) if the existing member vacates office under this Act before the 17
day mentioned in paragraph (a), the day the existing member 18
vacates office. 19
(5) An additional member is to be appointed for a term that ends on or 20
before the day when the existing members' terms of appointment under the 21
repealed Act would have ended if this Act had not commenced. 22
(6) If a person, including an existing member, appointed to the board 23
under this section is a registrant, the person is taken to be a registrant 24
member. 25
(7) The Governor in Council may appoint a person to fill the office of a 26
member of the first board if it is vacant. 27
(8) This section has effect despite sections 15 to 18 and 20.41 28
(9) In this section-- 29
40 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
41 Sections 15 (Membership of board), 16 (Registrant members), 17 (Public members),
18 (Certain nominee board members) and 20 (Term of appointment)
s 223 116 s 224
Optometrists Registration Bill 2001
"existing member" means a person who, immediately before the 1
commencement, held office as a member of the former board. 2
"first board" means the board as constituted under this section. 3
223 Chairperson and deputy chairperson of board 4
(1) From the commencement-- 5
(a) the existing chairperson is taken to be the chairperson of the 6
board as constituted under section 222; and 7
(b) the existing deputy chairperson is taken to be the deputy 8
chairperson of the board as constituted under section 222. 9
(2) The existing chairperson ceases to hold office as the chairperson if 10
the existing chairperson vacates the office of chairperson under this Act. 11
(3) The existing deputy chairperson ceases to hold office as the deputy 12
chairperson if the existing deputy chairperson vacates the office of deputy 13
chairperson under this Act. 14
(4) This section has effect despite section 19(1) and (3).42 15
(5) In this section-- 16
"existing chairperson" means the person who, immediately before the 17
commencement, held office as the chairperson of the former board. 18
"existing deputy chairperson" means the person who, immediately 19
before the commencement, held office as the deputy chairperson of 20
the former board. 21
224 Appeals 22
(1) Subsection (2) applies if-- 23
(a) a person has appealed to the District Court under repealed 24
section 27 before the commencement against a decision of the 25
former board; and 26
(b) the appeal has not been decided before the commencement. 27
(2) The District Court may hear, or continue to hear, and decide the 28
appeal under the repealed Act as if this Act had not commenced. 29
42 Section 19 (Chairperson and deputy chairperson of board)
s 225 117 s 225
Optometrists Registration Bill 2001
(3) Subsection (4) applies if-- 1
(a) immediately before the commencement a person could have 2
appealed to the District Court under the repealed section 27 3
against a decision of the former board; and 4
(b) the person has not appealed before the commencement. 5
(4) The person may appeal, and the District Court may hear and decide 6
the appeal, under the repealed Act as if this Act had not commenced. 7
(5) For giving effect to its decision under subsection (2) or (4), the 8
District Court may make the orders it considers necessary having regard to 9
the provisions of this Act. 10
11
Example for subsection (5)--
12
On an appeal by a person against a decision of the former board to refuse to register
13
the person as an optometrist under the repealed Act, the District Court may order
14
that the board register the person under this Act.
(6) In this section-- 15
"District Court" includes a District Court judge. 16
"repealed section 27" means section 27 of the repealed Act. 17
225 Existing registrations 18
(1) This section applies to a person who, immediately before the 19
commencement, was registered as an optometrist under section 19 of the 20
repealed Act. 21
(2) The person is taken to be registered as a general registrant under this 22
Act. 23
(3) If the person's registration under the repealed Act was, immediately 24
before the commencement, subject to conditions, the person's general 25
registration under this Act is taken to be subject to the conditions. 26
(4) Despite section 56, the person's general registration under this Act 27
continues until the later of the following days-- 28
(a) 31 January first happening after the commencement; 29
(b) the day that is 3 months after the commencement. 30
(5) However, subsection (4) stops applying if the person's general 31
registration is surrendered or cancelled. 32
s 226 118 s 228
Optometrists Registration Bill 2001
226 Existing applications for registration 1
(1) An application for registration as an optometrist made under section 2
19 of the repealed Act, and not decided before the commencement, must be 3
decided under this Act. 4
(2) The application is taken to be for general registration under this Act. 5
(3) Part 3, division 243 applies to the application. 6
(4) However, the provisions of part 3, division 2 dealing with making the 7
application in the approved form and paying the application fee and 8
registration fee, that would otherwise apply do not apply to the application. 9
227 Existing applications for restoration of registration 10
(1) An application for restoration of registration as an optometrist made 11
under section 22(4) or 23(2) of the repealed Act, and not decided before the 12
commencement, must be decided under this Act. 13
(2) The application is taken to be for the restoration of general 14
registration under this Act. 15
(3) Part 3, division 544 applies to the application. 16
(4) However, the following provisions do not apply to the application-- 17
(a) the provisions, applied by section 76,45 to the extent to which 18
they relate to recency of practice requirements; 19
(b) sections 77, 78 and 81.46 20
228 Suspended registrations 21
(1) This section applies if a person's registration as an optometrist under 22
the repealed Act has been suspended and the period of suspension has not 23
ended before the commencement. 24
43 Part 3 (Registration), division 2 (Applications for general registration)
44 Part 3 (Registration), division 5 (Restoration of general registrations)
45 Section 76 (Application of div 4, sdivs 1 and 3)
46 Sections 77 (When an application for restoration of a general registration may be
made), 78 (Procedural requirements for applications) and 81 (When recency of
practice conditions take effect)
s 229 119 s 231
Optometrists Registration Bill 2001
(2) The suspension is taken to continue as a suspension of the person's 1
general registration under this Act. 2
229 Approval of business names under repealed Act 3
(1) This section applies if-- 4
(a) immediately before the commencement-- 5
(i) there was in effect an approval of a name under the 6
Optometrists By-law 1996, section 14(1)(c) (the "approval 7
provision"); or 8
(ii) an application for approval of a name under the approval 9
provision had not been finally dealt with; and 10
(b) the holder of the approval or applicant is taken to be registered 11
under section 225. 12
(2) The holder or applicant is taken to have given the board notice of the 13
name as a business name under section 126(1).47 14
230 Sections 126 and 129 ineffective for 6 months 15
(1) Sections 126 and 129 have no effect for 6 months after they
48
16
commence. 17
(2) However, a person may give the board a notice mentioned in 18
section 126 within the 6 month period. 19
231 Records 20
(1) This section applies if-- 21
(a) a registration was affected under the repealed Act; and 22
(b) immediately before the commencement, the former board held a 23
record of the details of the way the registration was affected and 24
the reason for it being affected. 25
(2) The record must be kept by the board for at least 10 years after the 26
commencement. 27
47 Section 126 (Notification of business names etc.)
48 Sections 126 (Notification of business names etc.) and 129 (Information to appear in
advertisements)
s 232 120 s 232
Optometrists Registration Bill 2001
232 Certain Act has not been repealed 1
(1) This section applies if an Act mentioned in column 2 of the following 2
table (the "column 2 Act") has not been repealed-- 3
Table 4
column 1 column 2
Chiropractors Registration Chiropractors and
Act 2001 Osteopaths Act 1979
Dental Practitioners Registration Dental Act 1971
Act 2001
Dental Technicians and Dental Dental Technicians and
Prosthetists Registration Act 2001 Dental Prosthetists Act 1991
Medical Practitioners Registration Medical Act 1939
Act 2001
Occupational Therapists Occupational Therapists Act
Registration Act 2001 1979
Osteopaths Registration Act 2001 Chiropractors and
Osteopaths Act 1979
Pharmacists Registration Act 2001 Pharmacy Act 1976
Physiotherapists Registration Physiotherapists Act 1964
Act 2001
Podiatrists Registration Act 2001 Podiatrists Act 1969
Psychologists Registration Psychologists Act 1977
Act 2001
Speech Pathologists Registration Speech Pathologists Act 1979.
Act 2001
(2) A reference in schedule 4, definition "health practitioner registration 5
Act" to the Act mentioned in column 1 of the table shown opposite the 6
column 2 Act is taken to be a reference to the column 2 Act. 7
s 237 121 s 238
Optometrists Registration Bill 2001
Division 3--Savings provisions 1
49
2
PART 11--CONSEQUENTIAL AND OTHER 3
AMENDMENTS OF ACTS 4
237 Amendment of Acts 5
Schedule 2 amends the Acts mentioned in it. 6
238 Amendment of Optometrists Act 1974 7
Schedule 3 amends the Optometrists Act 1974 and relocates certain 8
provisions of that Act to part 10, division 3. 9
49 Section 238 and schedule 3 amend the Optomestrists Act 1974 and relocate certain
provisions of that Act to this division.
122
Optometrists Registration Bill 2001
SCHEDULE 1 1
DECISIONS FOR WHICH INFORMATION NOTICES 2
MUST BE GIVEN 3
section 176(2) 4
5
Section Description of decision
51 Deciding to refuse to register an
applicant for general registration as a
general registrant
51, as applied by section 101 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
57 Deciding to register a person as a
general registrant on conditions and
deciding the review period applying
to the conditions
73 Deciding to refuse to renew a general
registration
73, as applied by section 76 Deciding to refuse to restore a general
registration
73, as applied by section 108 Deciding to refuse to renew a special
purpose registration
74 Deciding to renew a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
74, as applied by section 76 Deciding to restore a general
registration on recency of practice
conditions and deciding the review
period applying to the conditions
123
Optometrists Registration Bill 2001
SCHEDULE 1 (continued)
Section Description of decision
86 Deciding to cancel a general
registration
86, as applied by section 112 Deciding to cancel a special purpose
registration
94 Deciding to confirm or change
conditions of a general registration
and deciding the review period
applying to the conditions
106 Deciding to register a person as a
special purpose registrant on
conditions
110 Deciding to renew a special purpose
registration on conditions
117 Deciding to refuse to grant an
application for the replacement of a
certificate of registration
160(1)(c) Decision resulting in a thing being
forfeited to the State
124
Optometrists Registration Bill 2001
SCHEDULE 2 1
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 237 3
COMMISSION FOR CHILDREN AND YOUNG PEOPLE 4
ACT 2000 5
1. Schedule 4, definition "registered health practitioner", 6
`Optometrists Act 1974'-- 7
omit, insert-- 8
`Optometrists Registration Act 2001'. 9
HEALTH ACT 1937 10
1. Section 5(1), definition "health practitioner registration Act', 11
`Optometrists Act 1974'-- 12
omit, insert-- 13
`Optometrists Registration Act 2001'. 14
HEALTH PRACTITIONER REGISTRATION BOARDS 15
(ADMINISTRATION) ACT 1999 16
1. Schedule, definition "health practitioner registration Act", 17
`Optometrists Act 1974'-- 18
omit, insert-- 19
`Optometrists Registration Act 2001'. 20
125
Optometrists Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH PRACTITIONERS (PROFESSIONAL 1
STANDARDS) ACT 1999 2
1. Schedule, definition "health practitioner registration Act", 3
`Optometrists Act 1974'-- 4
omit, insert-- 5
`Optometrists Registration Act 2001'. 6
2. Schedule, definition "profession", paragraph (g), `Optometrists Act 7
1974'-- 8
omit, insert-- 9
`Optometrists Registration Act 2001'. 10
HEALTH PRACTITIONERS (SPECIAL EVENTS 11
EXEMPTION) ACT 1998 12
1. Schedule, definition "health registration Act", `Optometrists Act 13
1974'-- 14
omit, insert-- 15
`Optometrists Registration Act 2001'. 16
HEALTH RIGHTS COMMISSION ACT 1991 17
1. Schedule 2, item 6-- 18
omit, insert-- 19
`6. Optometrists Board of Queensland'. 20
126
Optometrists Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH SERVICES ACT 1991 1
1. Section 63(6), `Optometrists Act 1974'-- 2
omit, insert-- 3
`Optometrists Registration Act 2001'. 4
MEDICAL ACT AND OTHER ACTS 5
(ADMINISTRATION) ACT 1966 6
1. Title, `the Optometrists Act 1974,'-- 7
omit. 8
2. Section 4(1)(g)-- 9
omit. 10
RADIATION SAFETY ACT 1999 11
1. Schedule 2, definition "health practitioner registration Act", 12
`Optometrists Act 1974'-- 13
omit, insert-- 14
`Optometrists Registration Act 2001'. 15
127
Optometrists Registration Bill 2001
SCHEDULE 3 1
AMENDMENT OF OPTOMETRISTS ACT 1974 2
section 238 3
1. Section 5, `In this Act'-- 4
omit, insert-- 5
`In this division'. 6
2. Section 5, definitions "approved form", "fee", "optometrist", 7
"register", "registrar", "the board"-- 8
omit. 9
3. Section 5, definition "optometry", from `, fitting' to `surgery'-- 10
omit, insert-- 11
`of optical appliances for the correction or relief of visual defects 12
because of anatomical or physiological variations'. 13
4. Sections 29(1), 31(1) and 32(3)(a), `an optometrist'-- 14
omit, insert-- 15
`a registrant'. 16
5. Sections 29(1), from `and' to `appliance'-- 17
omit. 18
6. Section 29(1)-- 19
insert-- 20
`Maximum penalty--30 penalty units.'. 21
128
Optometrists Registration Bill 2001
SCHEDULE 3 (continued)
7. Section 29(2)-- 1
omit. 2
8. Section 29(4), `section 32'-- 3
omit, insert-- 4
`section 236'. 5
9. Section 31, heading, `optometrist'-- 6
omit, insert-- 7
`registrant'. 8
10. Section 31(1), `An optometrist'-- 9
omit, insert-- 10
`A registrant'. 11
11. Section 31(1), `such optometrist'-- 12
`the registrant'. 13
12. Section 31(3)-- 14
omit. 15
13. Section 32(1), from `not--' to `optometry.'-- 16
omit, insert-- 17
`not practise optometry.'. 18
14. Section 32(3)(a), from `an incorporated' to `1962'-- 19
omit, insert-- 20
`a body or association of persons'. 21
129
Optometrists Registration Bill 2001
SCHEDULE 3 (continued)
15. Section 32(3)(b)-- 1
omit. 2
16. Sections 5, 29, 31 and 32-- 3
relocate to Optometrists Registration Act 2001 and in that Act insert and 4
renumber, in part 10, division 3, as sections 233 to 236. 5
130
Optometrists Registration Bill 2001
SCHEDULE 4 1
DICTIONARY 2
section 8 3
"accepted representations" see section 84(2). 4
"advertise" includes-- 5
(a) placing an entry in a directory; and 6
(b) displaying a sign; and 7
(c) using printed stationery. 8
"appellant" see section 176(1). 9
"application fee" see section 42(1)(c)(ii). 10
"approved form" means a form approved by the board. 11
"assessment report" see section 48(1). 12
"authorised person", for part 3, division 3, see section 59(1). 13
"board" means the Optometrists Board of Queensland. 14
"business name", of a business, means a name or style under which the 15
business is carried on. 16
"certificate of general registration" means a certificate of general 17
registration issued under part 3. 18
"certificate of provisional general registration" means a certificate of 19
provisional general registration issued under section 60(5). 20
"certificate of provisional special purpose registration" means a 21
certificate of provisional special purpose registration issued under 22
part 3, division 8. 23
"certificate of registration" means a certificate of general registration, 24
certificate of provisional general registration, certificate of special 25
purpose registration or certificate of provisional special purpose 26
registration. 27
"certificate of special purpose registration" means a certificate of special 28
purpose registration issued under part 3, division 8. 29
131
Optometrists Registration Bill 2001
SCHEDULE 4 (continued)
"certified copy", of a certificate of registration, means a copy that is 1
certified by the board as being a true copy of the certificate. 2
"chairperson" means the chairperson of the board appointed under 3
section 19(1). 4
"commencement", for part 10, division 2, see section 214. 5
"committee" means a committee of the board established under 6
section 33(1). 7
"convicted", of an offence, means being found guilty of the offence, on a 8
plea of guilty or otherwise, whether or not a conviction is recorded. 9
"corresponding law" means a law applying, or that applied, in another 10
State, the Commonwealth or a foreign country that provides, or 11
provided, for the same matter as-- 12
(a) a health practitioner registration Act or the Health Practitioners 13
(Professional Standards) Act 1999; or 14
(b) a provision of a health practitioner registration Act or the Health 15
Practitioners (Professional Standards) Act 1999. 16
"deputy chairperson" means the deputy chairperson of the board 17
appointed under section 19(1). 18
"document production requirement" see section 167(5). 19
"educational institution" means a university, training institution or 20
professional college engaged in the education of persons in the 21
practice of the profession. 22
"executive officer" means the executive officer appointed under the 23
Health Practitioner Registration Boards (Administration) Act 1999. 24
"executive officer", of a corporation, means a person who is concerned 25
with, or takes part in, the corporation's management, whether or not 26
the person is a director or the person's position is given the name of 27
executive officer. 28
"facsimile warrant" see section 149(4). 29
"foreign regulatory authority" means-- 30
(a) an interstate regulatory authority; or 31
132
Optometrists Registration Bill 2001
SCHEDULE 4 (continued)
(b) an entity established under a law applying in a foreign country, 1
other than New Zealand, having functions similar to the board's 2
functions under this Act or the Health Practitioners 3
(Professional Standards) Act 1999. 4
"former board", for part 10, division 2, see section 214. 5
"former registrant" means a person who was, but is not currently, 6
registered under part 3. 7
"general registrant" means a person registered, under part 3, as a general 8
registrant, but does not include a provisional general registrant. 9
"general registration" means registration of a person as a general 10
registrant under part 3. 11
"general registration period"see section 56(1). 12
"health assessment", in relation to a person, includes-- 13
(a) a physical, medical, psychiatric or psychological examination or 14
test of the person; and 15
(b) asking questions to assess the person's mental and physical 16
health. 17
"Health Insurance Commission" means the Health Insurance 18
Commission established under the Health Insurance Commission Act 19
1973 (Cwlth), section 4. 20
"health practitioner registration Act" means any of the following Acts-- 21
· this Act 22
· Chiropractors Registration Act 2001 23
· Dental Practitioners Registration Act 2001 24
· Dental Technicians and Dental Prosthetists Registration Act 25
2001 26
· Medical Practitioners Registration Act 2001 27
· Medical Radiation Technologists Registration Act 2001 28
· Occupational Therapists Registration Act 2001 29
· Osteopaths Registration Act 2001 30
· Pharmacists Registration Act 2001 31
133
Optometrists Registration Bill 2001
SCHEDULE 4 (continued)
· Physiotherapists Registration Act 2001 1
· Podiatrists Registration Act 2001 2
· Psychologists Registration Act 2001 3
· Speech Pathologists Registration Act 2001. 4
"health records", for part 9, division 1, see section 198. 5
"health service" means a service for maintaining, improving or restoring 6
people's health and wellbeing. 7
"impose", a condition, includes change or confirm the condition. 8
"information notice", for a decision of the board or an inspector, is a 9
notice stating the following-- 10
(a) the decision; 11
(b) the reasons for the decision; 12
(c) that the person to whom the notice is given may appeal against 13
the decision within 28 days; 14
(d) how the person may appeal against the decision to the District 15
Court; 16
(e) if the decision is that a person be registered on conditions-- 17
(i) for a general registration--the review period applying to the 18
conditions; and 19
(ii) for conditions imposed because of the person's mental and 20
physical health, the details of which it has been decided 21
under section 57(4) to record in the register--the details that 22
must be recorded in the register for the period for which the 23
conditions are in force; 24
(f) if the decision is that a general registration be renewed or 25
restored on recency of practice conditions, the review period 26
applying to the conditions; 27
(g) if the decision is that a registration be cancelled, a direction to the 28
person to return the certificate of registration to the board within 29
14 days after receiving the notice; 30
134
Optometrists Registration Bill 2001
SCHEDULE 4 (continued)
(h) if the decision is that the conditions imposed on a general 1
registration be confirmed, the review period applying to the 2
confirmed conditions; 3
(i) if the decision is that the conditions imposed on a general 4
registration be changed-- 5
(i) the review period applying to the changed conditions; and 6
(ii) if the conditions were imposed because of the person's 7
mental and physical health and it is decided under 8
section 98(2) that details of the changed conditions must be 9
recorded in the register, the details that must be recorded in 10
the register for the period for which the changed conditions 11
are in force; and 12
(iii) a direction to the person to return the certificate of 13
registration to the board within 14 days after receiving the 14
notice. 15
"inspector" means a person who is appointed as an inspector under 16
section 140. 17
"interstate regulatory authority" means an entity established under the 18
law of another State or New Zealand having functions similar to the 19
board's functions under this Act or the Health Practitioners 20
(Professional Standards) Act 1999. 21
"legislative scheme" see section 4. 22
"medical condition" includes substance abuse or dependence. 23
"member" means a member of the board. 24
"notice" means written notice. 25
"occupier", of a place, includes a person who reasonably appears to be an 26
occupier, or in charge, of the place. 27
"office" means the Office of Health Practitioner Registration Boards under 28
the Health Practitioner Registration Boards (Administration) Act 29
1999. 30
"original decision" see section 176(1). 31
"personal details requirement" see section 165(5). 32
"place" includes premises, vacant land and a vehicle. 33
135
Optometrists Registration Bill 2001
SCHEDULE 4 (continued)
"place of seizure" see section 156. 1
"possess", a health record, for part 9, division 1, see section 198. 2
"premises" includes-- 3
(a) a building or other structure; and 4
(b) a part of a building or other structure; and 5
(c) land where a building or other structure is situated. 6
"profession" means the optometry profession. 7
"professional service" means an optometry service. 8
"provisional general registrant" means a person registered, under 9
section 60, as a provisional general registrant. 10
"provisional general registration" means registration of a person as a 11
provisional general registrant under section 60. 12
"provisional special purpose registrant" means a person registered, 13
under part 3, division 8, as a provisional special purpose registrant. 14
"provisional special purpose registration" means registration of a person 15
as a provisional special purpose registrant under part 3, division 8. 16
"public members" see section 15(2)(b). 17
"public place" means a place that the public is entitled to use, is open to 18
the public or is used by the public (whether or not on payment of 19
money). 20
"recency of practice conditions" see section 74(2). 21
"recency of practice requirements" see section 68. 22
"register" means the register kept under section 193. 23
"registrant" means a person registered under part 3. 24
"registrant members" see section 15(2)(a). 25
"registration" means registration under part 3. 26
"registration fee" see section 42(1)(c)(iii). 27
"renewable registration" means a general registration or special purpose 28
registration. 29
"repealed Act" means the Optometrists Act 1974. 30
136
Optometrists Registration Bill 2001
SCHEDULE 4 (continued)
"restoration fee" see section 78(1)(b)(i). 1
"restricted title" means a title that consists of, or includes, the word 2
`optometrist' or `optician'. 3
"review period", applying to conditions imposed by the board or the 4
District Court on a general registration, means the period, not more 5
than 3 years after the decision to impose the conditions takes effect, 6
within which the registrant may not apply for a review of the 7
conditions under part 3, division 7. 8
"service agreement" means an agreement made under the Health 9
Practitioner Registration Boards (Administration) Act 1999, between 10
the executive officer and the board, for the provision of administrative 11
and operational support by the office to the board. 12
"show cause notice" see section 83(1). 13
"show cause period" see section 83(2)(d). 14
"special activities" see section 100. 15
"special purpose registrant" means a person registered, under part 3, 16
division 8, as a special purpose registrant, but does not include a 17
provisional special purpose registrant. 18
"special purpose registration" means registration of a person as a special 19
purpose registrant under part 3, division 8. 20
"user", of a registrant's services, includes a person who used the services. 21
"warrant form" see section 149(5)(b). 22
© State of Queensland 2001
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