[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Psychological Practice
Bill 2006
A BILL FOR
An Act to protect the health and safety of the public by providing for the
registration of psychologists and student psychologists; to regulate the
provision of psychological services for the purpose of maintaining high
standards of competence and conduct by registered persons and psychological
services providers; to repeal the Psychological Practices Act 1973;
and for other purposes.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Interpretation
4 Medical fitness to provide
psychological services
Part 2—Psychology Board of South
Australia
Division 1—Establishment of
Board
5 Establishment of Board
Division 2—Board's membership
6 Composition
of Board
7 Elections and casual vacancies
8 Terms and conditions of
membership
9 Presiding member and deputy
10 Vacancies or defects in
appointment of members
11 Remuneration
Division 3—Registrar and staff of
Board
12 Registrar of Board
13 Other staff of Board
Division 4—General functions and
powers
14 Functions of
Board
15 Committees
16 Delegations
Division 5—Board's procedures
17 Board's
procedures
18 Conflict of interest etc under Public Sector Management
Act
19 Powers of Board in relation to witnesses etc
20 Principles
governing proceedings
21 Representation at proceedings before
Board
22 Costs
Division 6—Accounts, audit and annual
report
23 Accounts and audit
24 Annual report
Part 3—Registration and practice
Division 1—Registers
25 Registers
Division 2—Registration
26 Registration of
natural persons as psychologists
27 Registration of student
psychologists
28 Application for registration and provisional
registration
29 Removal from register
30 Reinstatement on
register
31 Fees and returns
Division 3—Special provisions relating to
psychological services providers
32 Information to be given to Board
by psychological services providers
Division 4—Restrictions relating to provision of
psychological services
33 Illegal holding out as registered
person
34 Illegal holding out concerning limitations or conditions
35 Use
of certain titles or descriptions prohibited
Part 4—Investigations and proceedings
Division
1—Preliminary
36 Interpretation
37 Cause for disciplinary
action
Division 2—Investigations
38 Powers of
inspectors
39 Offence to hinder etc inspector
Division 3—Proceedings before
Board
40 Obligation to report medical unfitness or unprofessional
conduct of psychologist or student psychologist
41 Medical fitness of
psychologist or student psychologist
42 Inquiries by Board as to matters
constituting grounds for disciplinary action
43 Contravention of prohibition
order
44 Register of prohibition orders
45 Variation or revocation of
conditions imposed by Board
46 Constitution of Board for purpose of
proceedings
47 Provisions as to proceedings before Board
Part 5—Appeals
48 Right of appeal to
District Court
49 Operation of order may be suspended
50 Variation or
revocation of conditions imposed by Court
Part
6—Miscellaneous
51 Interpretation
52 Offence to contravene
conditions of registration
53 Registered person etc must declare interest in
prescribed business
54 Offence to give, offer or accept benefit for referral
or recommendation
55 Improper directions to psychologists or student
psychologists
56 Procurement of registration by fraud
57 Statutory
declarations
58 False or misleading statement
59 Registered person must
report medical unfitness to Board
60 Report to Board of cessation of status
as student
61 Registered persons and psychological services providers to be
indemnified against loss
62 Information relating to claim against registered
person or psychological services provider to be
provided
63 Victimisation
64 Self-incrimination
65 Punishment of
conduct that constitutes an offence
66 Vicarious liability for
offences
67 Application of fines
68 Board may require medical examination
or report
69 Ministerial review of decisions relating to
courses
70 Confidentiality
71 Service
72 Evidentiary
provision
73 Regulations
Schedule 1—Repeal and transitional
provisions
Part 1—Repeals
1 Repeal of Psychological
Practices Act 1973
Part 2—Transitional
provisions
2 Transitional provisions relating to
Board
3 Transitional provisions relating to registration
4 Transitional
provision relating to student psychologists
5 Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Psychological Practice
Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
appropriate register means—
(a) the register of psychologists; or
(b) the student psychologist register,
as the case may require;
beneficiary includes an object of a discretionary
trust;
Board means the Psychology Board of South
Australia;
corporate or trustee psychological services
provider—see subsection (5);
director of a body corporate means a member of the board or
committee of management of the body corporate, whether validly appointed or
not;
District Court means the Administrative and Disciplinary
Division of the District Court;
exempt provider means—
(a) a recognised hospital, incorporated health centre or private hospital
within the meaning of the South Australian Health Commission
Act 1976; or
(b) any other person declared by the regulations to be an exempt provider
for the purposes of this Act;
inspector means a person authorised by the Board to exercise
the powers of an inspector under this Act;
legal practitioner means a person admitted and enrolled as a
practitioner of the Supreme Court of South Australia;
medical practitioner means a person who is registered as a
medical practitioner under the law of this State;
nominated contact address of a registered person means an
address nominated by the person for the purpose of service of notices and
documents under this Act;
provide, in relation to psychological services, means provide
the services personally or through the instrumentality of another, and includes
offer to provide;
psychological services provider means a person (not being a
psychologist) who provides psychological services through the instrumentality of
a psychologist but does not include an exempt provider;
psychological services or psychology
means—
(a) the assessment, diagnosis or treatment of mental, emotional or
behavioural disorders; and
(b) psychometric testing; and
(c) all diagnostic, therapeutic, health or other services or advice
provided in the course of practice by a psychologist or a person who holds
himself or herself out, or is held out by another, as a psychologist;
psychologist means a person who is registered on the register
of psychologists under this Act;
record means—
(a) a documentary record; or
(b) a record made by an electronic, electromagnetic, photographic or
optical process; or
(c) any other kind of record;
register means a register kept under this Act;
register of psychologists—see Part 3 Division
1;
registered person means a person who is registered on a
register kept under this Act;
Registrar means the person holding or acting in the office of
Registrar of the Board;
representative body means a body that is declared by the
regulations to be a representative body for the purposes of this Act;
student psychologist means a person who is registered on the
student psychologist register;
student psychologist register—see Part 3 Division
1;
repealed Act means the Psychological Practices
Act 1973;
unprofessional conduct includes—
(a) improper or unethical conduct in relation to professional practice;
and
(b) incompetence or negligence in relation to the provision of
psychological services; and
(c) a contravention of or failure to comply with—
(i) a provision of this Act; or
(ii) a code of conduct or professional standard prepared or endorsed by
the Board under this Act; and
(d) conduct that constitutes an offence punishable by imprisonment for 1
year or more under some other Act or law.
(2) A reference in this Act to unprofessional conduct extends
to—
(a) unprofessional conduct committed before the commencement of this Act;
and
(b) unprofessional conduct committed within or outside South Australia or
the Commonwealth.
(3) A reference in this Act to engaging in conduct includes
a reference to failing or refusing to engage in conduct.
(4) Without limiting the generality of the expression, a person who is not
a psychologist will be taken to provide psychological services through the
instrumentality of a psychologist if that person, in the course of
carrying on a business, provides services to the psychologist for which the
person is entitled to receive a share in the profits or income of the
psychologist's practice of psychology.
(5) For the purposes of this Act—
(a) a corporate psychological services provider is a
psychological services provider that is a body corporate and a person occupies a
position of authority in such a provider if the
person—
(i) is a director of the body corporate; or
(ii) exercises, or is in a position to exercise, control or substantial
influence over the body corporate in the conduct of its affairs; or
(iii) manages, or is to manage, the business of the body corporate that
consists of the provision of psychological services; or
(iv) where the body corporate is a proprietary company—is a
shareholder in the body corporate; and
(b) a trustee psychological services provider is a person
acting as a psychological services provider in the capacity of trustee of a
trust and a person occupies a position of authority in such a
provider if the person is a trustee or beneficiary of the trust.
(6) For the purposes of this Act, a person occupies a position of
authority in a body corporate other than a corporate psychological
services provider if the person—
(a) is a director of the body corporate; or
(b) exercises, or is in a position to exercise, control or substantial
influence over the body corporate in the conduct of its affairs; or
(c) where the body corporate is a proprietary company—is a
shareholder in the body corporate.
(7) However—
(a) a minor who is a shareholder in a proprietary company, or a
beneficiary under a trust, is not, for that reason, to be regarded as a person
occupying a position of authority; and
(b) a charitable organisation that is a beneficiary of a trust is not, for
that reason, to be regarded as occupying a position of
authority.
(8) For the purposes of this Act, a person who holds more than 10 per cent
of the issued share capital of a public company will be regarded as a person
occupying a position of authority in that company.
4—Medical fitness
to provide psychological services
A person or body must, in making a determination under this Act as to a
person's medical fitness to provide psychological services, have regard to the
question of whether the person is able to provide psychological services
personally to a patient or client without endangering the health or safety of
the patient or client.
Part 2—Psychology
Board of South Australia
Division
1—Establishment of Board
(1) The Psychology Board of South Australia is established.
(2) The Board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) is capable of suing and being sued in its corporate name;
and
(d) has all the powers of a natural person that are capable of being
exercised by a body corporate; and
(e) has the functions and powers assigned or conferred by or under this
Act.
(3) If a document appears to bear the common seal of the Board, it will be
presumed, in the absence of proof to the contrary, that the common seal of the
Board was duly affixed to the document.
(1) The Board consists of 9 members appointed by the Governor of
whom—
(a) 5 must be psychologists and of these—
(i) 4 must be chosen at an election (see section 7); and
(ii) 1 must be a person with experience in the practice of psychology who
gives instruction in psychology at a university in South Australia chosen from a
panel of 3 persons jointly nominated by the Council of The University of
Adelaide, the Council of the Flinders University of South Australia and the
Council of the University of South Australia;
(b) 4 must be persons nominated by the Minister and of
these—
(i) 1 must be a legal practitioner; and
(ii) 1 must be a registered member of a health profession other than
psychology; and
(iii) 2 must be persons who are not eligible for appointment under a
preceding provision of this subsection.
(2) At least 1 of the members of the Board must be a woman and 1 must be a
man.
(3) If the Councils of the universities fail to jointly nominate 3 persons
to the panel within a period specified by the Minister, the Governor may appoint
a person who gives instruction in psychology at a university in South Australia
and the person so appointed will be taken to have been appointed after due
nomination under this section.
(4) The Governor may appoint a person to be a deputy of a member and a
person so appointed may act as a member of the Board in the absence of the
member.
(5) The requirements of qualification and nomination made by this section
in relation to the appointment of a member extend to the appointment of a deputy
of that member.
7—Elections
and casual vacancies
(1) An election conducted to choose psychologists for appointment to the
Board must be conducted under the regulations in accordance with principles of
proportional representation.
(2) A person who is a psychologist at the time the voters roll is prepared
in accordance with the regulations is entitled to vote at the
election.
(3) If an election of a member fails for any reason, the Governor may
appoint a psychologist and the person so appointed will be taken to have been
appointed after due election under this section.
(4) If a casual vacancy occurs in the office of a member chosen at an
election, the following rules govern the appointment of a person to fill the
vacancy:
(a) if the vacancy occurs within 12 months after the member's election and
at that election a candidate or candidates were excluded, the Governor must
appoint the person who was the last excluded candidate at that
election;
(b) if that person is no longer qualified for appointment or is
unavailable or unwilling to be appointed or if the vacancy occurs later than 12
months after the member's election, the Governor may appoint a psychologist
nominated by the Minister;
(c) before nominating a psychologist for appointment the Minister must
consult the representative bodies;
(d) the person appointed holds office for the balance of the term of that
person's predecessor.
8—Terms and
conditions of membership
(1) A member of the Board will be appointed on conditions determined by
the Governor and for a term, not exceeding 3 years, specified in the instrument
of appointment and, at the expiration of a term of appointment, is eligible for
reappointment.
(2) However, a member of the Board may not hold office for consecutive
terms that exceed 9 years in total.
(3) The Governor may remove a member of the Board from
office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties
satisfactorily.
(4) The office of a member of the Board becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Board; or
(e) is disqualified from managing corporations under Chapter 2D
Part 2D.6 of the Corporations Act 2001 of the Commonwealth;
or
(f) is removed from office under subsection (2).
(5) If a member of the Board is a member constituting the Board for the
purposes of any proceedings under Part 4 and the member's term of office
expires, or the member resigns, before those proceedings are completed, the
member may, for the purpose of continuing and completing those proceedings,
continue to act as a member of the Board.
The Minister must, after consultation with the Board, appoint a member who
is a psychologist (the presiding member) to preside at meetings of
the Board and another member who is a psychologist (the deputy presiding
member) to preside at meetings of the Board in the absence of the
presiding member.
10—Vacancies or
defects in appointment of members
An act or proceeding of the Board is not invalid by reason only of a
vacancy in its membership or a defect in the appointment of a member.
A member of the Board is entitled to remuneration, allowances and expenses
determined by the Governor.
Division
3—Registrar and staff of Board
(1) There will be a Registrar of the Board.
(2) The Registrar will be appointed by the Board on terms and conditions
determined by the Board.
(1) There will be such other staff of the Board as the Board thinks
necessary for the proper performance of its functions.
(2) A member of the staff of the Board is not, as such, a member of the
Public Service, but the Board may employ a person who is on leave from
employment in the Public Service or with an instrumentality or agency of the
Crown.
(3) The Board may, with the approval of the Minister administering an
administrative unit of the Public Service, make use of the services, facilities
or officers of that unit.
Division 4—General
functions and powers
(1) The functions of the Board are as follows:
(a) to oversee the practice of psychology in the public
interest;
(b) to approve, after consultation with authorities considered appropriate
by the Board, courses of education or training that provide qualifications for
registration under this Act;
(c) to determine, after consultation with authorities considered
appropriate by the Board, the requirements necessary for registration under this
Act;
(d) to establish and maintain the registers contemplated by this
Act;
(e) to prepare or endorse, subject to the approval of the Minister, codes
of conduct or professional standards for registered persons or codes of conduct
for psychological services providers;
(f) to prepare or endorse guidelines on continuing psychological education
for psychologists;
(g) to establish administrative processes for handling complaints received
against registered persons, psychological services providers or persons who
occupy positions of authority in corporate or trustee psychological services
providers (which may include processes under which the registered person,
provider or person who occupies the position voluntarily enters into an
undertaking);
(h) to provide advice to the Minister as the Board considers
appropriate;
(i) to carry out other functions assigned to the Board by or under this
Act, or by the Minister.
(2) The Board must perform its functions under this Act with the object of
protecting the health and safety of the public by achieving and maintaining high
professional standards both of competence and conduct by registered persons and
psychological services providers.
(3) If—
(a) a code of conduct or professional standard prepared or endorsed by the
Board is approved by the Minister; or
(b) guidelines are prepared or endorsed by the Board,
the Board must—
(c) cause a copy of the code, standard or guidelines to be published in
the Gazette; and
(d) take reasonable steps to send a copy of the code, standard or
guidelines to each registered person or psychological services provider to whom
it applies; and
(e) ensure that a copy of the code, standard or guidelines is published on
the internet and kept available for public inspection without charge during
normal office hours at the principal office of the Board,
(although proof of compliance with paragraphs (c), (d) and (e) is not
necessary for the purposes of any proceedings that involve an alleged
contravention of or failure to comply with a code of conduct or professional
standard).
(4) The administrative processes established by the Board for handling
complaints received against registered persons, psychological services providers
or persons who occupy positions of authority in corporate or trustee
psychological services providers must be designed—
(a) to be fair to both the aggrieved person and the respondent;
and
(b) to keep both the aggrieved person and the respondent properly informed
about the steps taken by the Board in response to the complaint; and
(c) to provide, where appropriate, opportunities for the clarification of
any misapprehension or misunderstanding between the aggrieved person and the
respondent; and
(d) to keep both the aggrieved person and the respondent properly informed
about the outcome of the processes; and
(e) to take into account the needs of particular classes of persons who
may otherwise suffer disadvantage in the conduct of those processes.
(1) The Board may establish committees—
(a) to advise the Board or the Registrar on any matter; or
(b) to carry out functions on behalf of the Board.
(2) The membership of a committee will be determined by the Board and may,
but need not, consist of, or include, members of the Board.
(3) The Board will determine who will be the presiding member of a
committee.
(4) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Board; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
(1) The Board may delegate any of its functions or powers under this Act
other than—
(a) this power of delegation; and
(b) the power to hear and determine proceedings under Part 4.
(2) A delegation—
(a) may be made—
(i) to a member of the Board, the Registrar or an employee of the Board;
or
(ii) to a committee established by the Board; and
(b) may be made subject to conditions and limitations specified in the
instrument of delegation; and
(c) is revocable at will and does not derogate from the power of the Board
to act in a matter.
(1) Subject to this Act, 5 members constitute a quorum of the
Board.
(2) A meeting of the Board (other than for the purposes of hearing and
determining proceedings under Part 4) will be chaired by the presiding member
or, in his or her absence, by the deputy presiding member and, in the absence of
both the presiding member and the deputy presiding member, the members present
at a meeting of the Board must choose 1 of their number to preside at the
meeting.
(3) A decision carried by a majority of the votes cast by members of the
Board at a meeting is a decision of the Board.
(4) Each member present at a meeting of the Board has 1 vote on any
question arising for decision and, except in hearing and determining proceedings
under Part 4, the member presiding at the meeting may exercise a casting vote if
the votes are equal.
(5) A conference by telephone or other electronic means between the
members of the Board will, for the purposes of this section, be taken to be a
meeting of the Board at which the participating members are present
if—
(a) notice of the conference is given to all members in the manner
determined by the Board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Board becomes a valid decision of the
Board despite the fact that it is not voted on at a meeting of the Board
if—
(a) notice of the proposed resolution is given to all members of the Board
in accordance with procedures determined by the Board; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, telegram, telex, facsimile transmission, electronic mail
or other written communication setting out the terms of the
resolution.
(7) However, subsections (5) and (6) do not apply in relation to the
hearing and determination of proceedings under Part 4 by the Board as
constituted for the purposes of proceedings under that Part.
(8) The Board must have accurate minutes kept of its meetings.
(9) Subject to this Act, the Board may determine its own
procedures.
18—Conflict of
interest etc under Public Sector Management Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector Management
Act 1995 by reason only of the fact that the member has an interest in
the matter that is shared in common with psychologists generally or a
substantial section of psychologists in this State.
19—Powers of Board
in relation to witnesses etc
(1) For the purposes of proceedings before the Board (including an
application for registration or reinstatement of registration), the Board
may—
(a) by summons signed on behalf of the Board by a member of the Board or
the Registrar, require the attendance before the Board of a person whom the
Board thinks fit to call before it; or
(b) by summons signed on behalf of the Board by a member of the Board or
the Registrar, require the production of relevant documents, records or
equipment and, in the case of a document or record that is not in the English
language, require the production of—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record; or
(c) inspect documents, records or equipment produced before it, and retain
them for such reasonable period as it thinks fit, and make copies of the
documents or records or their contents; or
(d) require a person to make an oath or affirmation (which may be
administered by a member of the Board) to answer truthfully questions put by a
member of the Board or a person appearing before the Board; or
(e) require a person appearing before the Board (whether summoned to
appear or not) to answer questions put by a member of the Board or by a person
appearing before the Board.
(2) On the receipt of an application for the issue of a summons under this
section, a member or the Registrar may, without referring the matter to the
Board, issue a summons on behalf of the Board.
(3) A person who—
(a) fails without reasonable excuse to comply with a summons issued to
attend, or to produce documents, records or equipment, before the Board;
or
(b) having been served with a summons to produce—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record,
fails, without reasonable excuse, to comply with the summons; or
(c) misbehaves before the Board, wilfully insults the Board or 1 or more
of the members in the exercise of the member's official duties, or wilfully
interrupts the proceedings of the Board; or
(d) refuses to be sworn or to affirm, or refuses or fails to answer
truthfully a relevant question when required to do so by the Board,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(4) A person who appears as a witness before the Board has the same
protection as a witness in proceedings before the Supreme Court.
20—Principles
governing proceedings
(1) In proceedings before the Board under this Act, the
Board—
(a) is not bound by the rules of evidence and may inform itself on any
matter as it thinks fit; and
(b) must act according to equity, good conscience and the substantial
merits of the case without regard to technicalities and legal forms.
(2) In proceedings before the Board under this Act, the Board must keep
the parties to the proceedings properly informed as to the progress and outcome
of the proceedings.
21—Representation
at proceedings before Board
A party to proceedings before the Board (including an applicant for
registration or reinstatement of registration) is entitled to be represented at
the hearing of those proceedings.
(1) The Board may award such costs against a party to proceedings before
it as the Board considers just and reasonable.
(2) A party who is dissatisfied with the amount of the costs awarded by
the Board may request a Master of the District Court to tax the costs and, after
taxing the costs, the Master may confirm or vary the amount of the costs awarded
by the Board.
(3) Costs awarded by the Board under this section may be recovered as a
debt.
Division
6—Accounts, audit and annual report
(1) The Board must keep proper accounting records in relation to its
financial affairs, and must have annual statements of account prepared in
respect of each financial year.
(2) The accounts must be audited at least once in every year by an auditor
approved by the Auditor-General and appointed by the Board.
(3) The Auditor-General may at any time audit the accounts of the
Board.
(1) The Board must, on or before 30 September in each year, deliver to the
Minister a report on the administration of this Act and the work of the Board
during the financial year ending on the preceding 30 June.
(2) The report must—
(a) include the following information in relation to the relevant
financial year:
(i) the number and nature of complaints received by the Board against
registered persons, psychological services providers and persons who occupy
positions of authority in corporate or trustee psychological services
providers;
(ii) the number and nature of voluntary undertakings given to the Board by
registered persons, psychological services providers and persons who occupy
positions of authority in corporate or trustee psychological services
providers;
(iii) the outcomes of proceedings before the Board under Part 4;
(iv) information prescribed by the regulations; and
(b) incorporate the audited accounts of the Board for the relevant
financial year.
(3) The Minister must, within 12 sitting days after receiving a report
under this section, have copies of the report laid before both Houses of
Parliament.
Part
3—Registration and practice
(1) The Registrar must keep the following registers:
(a) a student psychologist register;
(b) a register of psychologists;
(c) a register of persons who have been removed from the student
psychologist register or the register of psychologists under this Act or any
other Act or law or former Act or law and who have not been reinstated to that
register.
(2) The student psychologist register or the register of psychologists
must include, in relation to each person on the register—
(a) the person's full name and nominated contact address; and
(b) the qualifications for registration held by the person; and
(c) particulars of any condition of registration or limitation that
affects or restricts the person's right to provide psychological services;
and
(d) information prescribed by the regulations,
and may include other information as the Board thinks fit.
(3) A registered person must, within 1 month after changing his or her
name or nominated contact address, inform the Registrar in writing of the
change.
Maximum penalty: $250.
(4) The register referred to in subsection (1)(c)—
(a) must not include any person who is dead; and
(b) must include, in relation to each person on the register, a statement
of—
(i) the register from which the person was removed; and
(ii) the reason for removal of the person; and
(iii) the date of removal; and
(iv) if the removal was consequent on suspension—the duration of the
suspension; and
(v) if the person has been disqualified from being registered on a
register—the duration of the disqualification; and
(c) must have deleted from it all information relating to any person who
is reinstated on the register from which the person was removed.
(5) The Registrar is responsible to the Board for the form and maintenance
of the registers.
(6) The Registrar must correct an entry in a register that is not, or has
ceased to be, correct.
(7) The registers must be kept available for inspection by any person
during ordinary office hours at the office of the Registrar and the registers or
extracts of the registers may be made available to the public by electronic
means.
(8) A person may, on payment of the prescribed fee, obtain a copy of any
part of a register kept under this Act.
(9) A certificate stating that a person was, or was not, registered on a
particular register under this Act at a particular date or during a particular
period and purporting to be signed by the Registrar will, in the absence of
proof to the contrary, be accepted in legal proceedings as proof of the
registration, or of the fact that the person was not so registered, on the date
or during the period stated in the certificate.
26—Registration of
natural persons as psychologists
(1) Subject to this Act, a natural person is eligible for registration on
the register of psychologists if the person, on application to the Board,
satisfies the Board that he or she—
(a) has qualifications approved or recognised by the Board for the
purposes of registration on the register; and
(b) has met the requirements determined by the Board to be necessary for
the purposes of registration on the register; and
(c) is medically fit to provide psychological services; and
(d) is, unless exempted by the Board, insured or indemnified in a manner
and to an extent approved by the Board against civil liabilities that might be
incurred by the person in connection with the provision of psychological
services as a psychologist; and
(e) is a fit and proper person to be registered on the register.
(2) If a person who applies for registration, or reinstatement of
registration, on the register of psychologists—
(a) does not, in the opinion of the Board, have the necessary
qualifications or experience required for registration on the register;
or
(b) is not, in the opinion of the Board, medically fit to provide
psychological services; or
(c) is not, in the opinion of the Board, a fit and proper person to be
registered on the register,
the Board may register the person on the register in pursuance of this
subsection (limited registration)—
(d) in order to enable the person—
(i) to do whatever is necessary to become eligible for full registration
under this Act; or
(ii) to teach or to undertake research or study in this State;
or
(iii) in the case of an applicant who has obtained qualifications for the
practice of psychology under the law of a place outside of Australia—to
practise in a part of the State or at a place that the Minister and the Board
consider is in urgent need of the services of a psychologist; or
(e) if, in its opinion, it would otherwise be in the public interest to do
so.
(3) In registering a person under subsection (2) the Board may impose
1 or more of the following conditions on the registration:
(a) a condition restricting the places or times at which the person may
provide psychological services;
(b) a condition limiting the kind of psychological services that the
person may provide;
(c) a condition limiting the period during which the registration will
have effect;
(d) a condition requiring that the person be supervised in the provision
of psychological services by a particular person or by a person of a particular
class;
(e) such other conditions as the Board thinks fit.
27—Registration of
student psychologists
(1) A person is not entitled to—
(a) provide psychological services as part of a course of study that
provides qualifications for registration on the register of psychologists;
or
(b) provide psychological services as part of a course of study related to
psychology being undertaken by the person in a place outside the
State,
unless the person is registered under this section as a student
psychologist.
(2) A person is eligible for registration as a student psychologist on the
student psychologist register if the person, on application to the Board,
satisfies the Board that he or she—
(a) genuinely requires registration on that register—
(i) to enable the person to provide psychological services as part of a
course of study that provides qualifications for registration on the register of
psychologists; or
(ii) to enable the person to provide psychological services as part of a
course of study related to psychology being undertaken by the person in a place
outside the State; and
(b) is medically fit to provide psychological services as a registered
student psychologist; and
(c) is a fit and proper person to be registered on the student
psychologist register.
(3) Registration on the student psychologist register is subject to the
condition that the registered person does not provide psychological services
except in prescribed circumstances.
(4) If a person who applies for registration, or reinstatement of
registration, on the student psychologist register is not, in the opinion of the
Board, medically fit to provide psychological services as a registered student
psychologist, the Board may register the person on that register in pursuance of
this subsection (limited student registration) and impose 1 or
more of the following conditions on the registration:
(a) a condition further limiting the kind of psychological services that
the person may provide;
(b) a condition limiting the period during which the registration will
have effect;
(c) a condition requiring that the person be supervised in the provision
of psychological services by a particular person or by a person of a particular
class;
(d) such other conditions as the Board thinks fit.
28—Application for
registration and provisional registration
(1) An application for registration must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the registration fee fixed under this Act.
(2) An applicant for registration must, if the Board so requires, provide
the Board with specified information to enable the Board to determine the
application.
(3) The Board may require an applicant for registration—
(a) to submit a medical report or other evidence acceptable to the Board
as to the applicant's medical fitness to provide psychological services;
or
(b) to obtain additional qualifications or experience specified by the
Board before the Board determines the application.
(4) If it appears likely to the Registrar that the Board will grant an
application for registration, the Registrar may provisionally register the
applicant (provisional registration).
(5) Provisional registration remains in force until the Board determines
the application.
(6) The registration by the Board under this Act of a person who was
provisionally registered has effect from the commencement of the provisional
registration.
(1) The Registrar must, on application by a registered person, remove the
person from the register to which the application relates.
(2) The Registrar must remove from the appropriate register a
person—
(a) who dies; or
(b) who ceases to hold a qualification required for registration on the
register; or
(c) who ceases for any other reason to be entitled to be registered on the
register; or
(d) who completes, or ceases to be enrolled in, the course of study that
formed the basis for the person's registration on the student psychologist
register; or
(e) whose registration has been suspended or cancelled under this
Act.
(3) The Registrar may act under subsection (2) without giving prior
notice to the relevant person.
(1) A person who has been removed from a register under this
Act—
(a) on his or her application; or
(b) on account of failure to pay the annual practice fee or to furnish the
return required under section 31; or
(c) on account of failure to pay a fine imposed on the person by the Board
under this Act; or
(d) on account of the person—
(i) ceasing to hold a qualification required for registration on that
register or otherwise ceasing to be entitled to be registered on that register;
or
(ii) ceasing to be enrolled in the course of study that formed the basis
for the person's registration on the student psychologist register,
may apply to the Board at any time for reinstatement on that
register.
(2) A person whose registration on a register has been suspended may apply
to the Board for the reinstatement on that register (but not, in the case of an
order for suspension for a specified period, until after the expiry of that
period).
(3) A person who has been disqualified from being registered on a register
under this Act may, subject to the terms of the order for disqualification,
apply to the Board for reinstatement on that register.
(4) An application for reinstatement must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the reinstatement fee fixed under this
Act.
(5) An applicant for reinstatement must, if the Board so requires, provide
the Board with specified information to enable the Board to determine the
application.
(6) The Board may require an applicant for reinstatement of
registration—
(a) to submit a medical report or other evidence acceptable to the Board
as to the applicant's medical fitness to provide psychological services;
or
(b) to obtain additional qualifications or experience specified by the
Board before the Board determines the application.
(7) Subject to this section, the Board must reinstate on the appropriate
register an applicant under this section if satisfied that the applicant is
eligible for registration on that register.
(8) The Board may refuse to reinstate the applicant on the appropriate
register until all complaints (if any) laid against the applicant under this Act
have been finally disposed of.
(1) Subject to this Act, a person will not be registered, nor will a
registration be reinstated, until the registration or reinstatement fee, and the
annual practice fee, fixed under this Act have been paid.
(2) A registered person must, in each calendar year before the date fixed
for that purpose by the Board—
(a) pay to the Board the annual practice fee fixed under this Act;
and
(b) furnish the Board with a return, in a form approved by the Board,
containing all information specified in the return relating to the provision of
psychological services, or the undertaking of any course of continuing
psychological education, by the person during the preceding year or to any other
matter relevant to the person's registration under this Act.
(3) The Board may, without further notice, remove from the appropriate
register a person who fails to pay the annual practice fee or furnish the
required return by the due date.
Division 3—Special
provisions relating to psychological services providers
32—Information to
be given to Board by psychological services providers
(1) A psychological services provider must—
(a) in the case of a person who was a psychological services provider
immediately before the commencement of this section—within 60 days of that
commencement; and
(b) in any other case—within 60 days of becoming a psychological
services provider,
give written notice to the Board of—
(c) the provider's full name and business or (in the case of a
corporation) registered address; and
(d) the address of the premises at which the provider provides
psychological services; and
(e) the full names and nominated contact addresses of the psychologists
through the instrumentality of whom the provider is providing psychological
services; and
(f) in the case of a corporate or trustee psychological services
provider—the full names and addresses of all persons who occupy a position
of authority in the provider.
(2) The provider must, within 30 days of any change occurring in the
particulars required to be given under subsection (1), inform the Board in
writing of the change.
(3) A person who contravenes or fails to comply with this section is
guilty of an offence.
Maximum penalty: $10 000.
(4) The Board must keep a record of information provided to the Board
under this section available for inspection, on payment of the prescribed fee,
by any person during ordinary office hours at the office of the Board and may
make the record available to the public by electronic means.
Division
4—Restrictions relating to provision of psychological
services
33—Illegal holding
out as registered person
(1) A person must not hold himself or herself out as a registered student
psychologist or psychologist or permit another person to do so unless registered
on the appropriate register.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out another as a registered student
psychologist or psychologist unless the other person is registered on the
appropriate register.
Maximum penalty: $50 000 or imprisonment for 6 months.
34—Illegal holding
out concerning limitations or conditions
(1) A person whose registration is limited or subject to a condition under
this Act must not hold himself or herself out as having a registration that is
not limited or not subject to a condition or permit another person to do
so.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out another whose registration is limited or
subject to a condition under this Act as having a registration that is not
limited or not subject to a condition.
Maximum penalty: $50 000 or imprisonment for 6 months.
35—Use of certain
titles or descriptions prohibited
(1) A person who is not registered on the appropriate register must not
use a prescribed word, or its derivatives, to describe himself or herself or a
service that he or she provides.
Maximum penalty: $50 000.
(2) A person must not, in the course of advertising or promoting a service
that he or she provides, use a prescribed word, or its derivatives, to describe
a person who is engaged in the provision of the service but is not registered on
the appropriate register.
Maximum penalty: $50 000.
(3) If an order of the Board is in force prohibiting a person from using
prescribed words and their derivatives, any person who, in the course of
advertising or promoting a service that he or she provides, uses prescribed
words or their derivatives to describe a person to whom the order applies is
guilty of an offence.
Maximum penalty: $50 000.
(4) In this section—
prescribed word means—
(a) in relation to registration on the student psychologist
register—registered student psychologist; or
(b) in relation to registration on the register of
psychologists—psychologist; or
(c) any other word or expression prescribed by the regulations.
Part
4—Investigations and proceedings
In this Part—
(a) a reference to occupier of a position of authority
includes a reference to a person who is not but who was, at the relevant time,
the occupier of a position of authority;
(b) a reference to psychological services provider includes
a reference to a person who is not but who was, at the relevant time, a
psychological services provider;
(c) a reference to registered person includes a reference to
a person who is not but who was, at the relevant time, a registered person under
this Act or the repealed Act.
37—Cause for
disciplinary action
(1) There is proper cause for disciplinary action against a registered
person if—
(a) the person's registration was improperly obtained; or
(b) the person is guilty of unprofessional conduct; or
(c) the person is for any reason no longer a fit and proper person to be
registered on the appropriate register.
(2) There is proper cause for disciplinary action against a psychological
services provider if—
(a) the provider has contravened or failed to comply with a provision of
this Act; or
(b) there has been, in connection with the provision of psychological
services by the provider, a contravention or failure to comply with a code of
conduct under this Act applying to the provider; or
(c) the provider or any person employed or engaged by the provider has, in
connection with the provision of psychological services by the provider, engaged
in conduct that would, if the person were a registered person, constitute
unprofessional conduct; or
(d) the provider is for any reason not a fit and proper person to be a
psychological services provider; or
(e) in the case of a corporate or trustee psychological services provider,
an occupier of a position of authority in the provider—
(i) has contravened or failed to comply with a provision of this Act;
or
(ii) has, in connection with the provision of psychological services by
the provider, engaged in conduct that would, if the person were a registered
person, constitute unprofessional conduct; or
(iii) is for any reason not a fit and proper person to occupy a position
of authority in a corporate or trustee psychological services
provider.
(3) There is proper cause for disciplinary action against the occupier of
a position of authority in a corporate or trustee psychological services
provider if—
(a) the person has contravened or failed to comply with a provision of
this Act; or
(b) the person has, in connection with the provision of psychological
services by the provider, engaged in conduct that would, if the person were a
registered person, constitute unprofessional conduct; or
(c) the person is for any reason not a fit and proper person to occupy a
position of authority in a corporate or trustee psychological services provider;
or
(d) —
(i) the provider has contravened or failed to comply with a provision of
this Act; or
(ii) there has been, in connection with the provision of psychological
services by the provider, a contravention or failure to comply with a code of
conduct under this Act applying to the provider; or
(iii) the provider, or any person employed or engaged by the provider,
has, in connection with the provision of psychological services by the provider,
engaged in conduct that would, if the provider or the person were a registered
person, constitute unprofessional conduct,
unless it is proved that the person could not, by the exercise of
reasonable care, have prevented the contravention, failure to comply or
conduct.
(1) If there are reasonable grounds for suspecting—
(a) that there is proper cause for disciplinary action against a person;
or
(b) that a psychologist or student psychologist is medically unfit to
provide psychological services; or
(c) that a person is guilty of an offence against this Act,
an inspector may investigate the matter.
(2) For the purposes of an investigation, an inspector
may—
(a) at any reasonable time, enter and inspect premises of a registered
person or premises on which the inspector reasonably suspects an offence against
this Act has been or is being committed; or
(b) with the authority of a warrant issued by a magistrate or in
circumstances in which the inspector reasonably believes that immediate action
is required, use reasonable force to break into or open any part of, or anything
in or on any premises referred to in paragraph (a); or
(c) while on premises entered under paragraph (a) or (b), seize and
retain anything found on the premises that the inspector reasonably believes may
afford evidence relevant to the matters under investigation; or
(d) require any person who has possession of documents or records relevant
to the matters under investigation to produce those documents or records for
inspection, including written records that reproduce in a readily understandable
form information kept by computer, microfilm or other process; or
(e) inspect any documents or records produced to the inspector and retain
them for such reasonable period as the inspector thinks fit, and make copies of
the documents or records; or
(f) require any person who is in a position to provide information
relevant to the matters under investigation to answer any question put by the
inspector in relation to those matters; or
(g) take photographs, films or video or audio recordings; or
(h) if the inspector reasonably suspects that an offence against this Act
has been or is being committed, require the suspected offender to state his or
her full name and address.
(3) An inspector must not exercise the power conferred by
subsection (2)(a) in relation to residential premises except with the
permission of the occupier of the premises or on the authority of a warrant
issued by a magistrate.
(4) A magistrate must not issue a warrant under this section unless
satisfied, by information given on oath, that the warrant is reasonably required
in the circumstances.
(5) The person in charge of premises at the relevant time must give an
inspector such assistance and provide such facilities as are necessary to enable
the powers conferred by this section to be exercised.
Maximum penalty: $5 000.
39—Offence to
hinder etc inspector
A person who—
(a) hinders or obstructs an inspector in the exercise of powers conferred
by this Act; or
(b) uses abusive, threatening or insulting language to an inspector;
or
(c) refuses or fails to comply with a requirement of an inspector under
this Act; or
(d) when required by an inspector to answer a question, refuses or fails
to answer the question to the best of the person's knowledge, information and
belief; or
(e) falsely represents, by words or conduct, that he or she is an
inspector,
is guilty of an offence.
Maximum penalty: $10 000.
Division
3—Proceedings before Board
40—Obligation
to report medical unfitness or unprofessional conduct of psychologist or student
psychologist
(1) If—
(a) a health professional who has treated, or is treating, a patient who
is a psychologist or student psychologist; or
(b) a person who provides psychological services through the
instrumentality of a psychologist or student psychologist; or
(c) the person in charge of an educational institution at which a student
psychologist is enrolled in a course of study providing qualifications for
registration on the register of psychologists,
is of the opinion that the psychologist or student psychologist is or may
be medically unfit to provide psychological services, the person must submit a
written report to the Board setting out his or her reasons for that opinion and
any other information required by the regulations.
Maximum penalty: $5 000.
(2) If a psychological services provider or exempt provider is of the
opinion that a psychologist or student psychologist through whom the provider
provides psychological services has engaged in unprofessional conduct, the
provider must submit a written report to the Board setting out the provider's
reasons for that opinion and any other information required by the
regulations.
Maximum penalty: $10 000.
(3) The Board must cause a report made under this section to be
investigated.
(4) In this section—
health professional means—
(a) a medical practitioner; or
(b) a psychologist; or
(c) any other person who belongs to a profession, or who has an
occupation, declared by the Board, by notice in the Gazette, to be a profession
or occupation within the ambit of this definition.
41—Medical fitness
of psychologist or student psychologist
If—
(a) on the application of—
(i) the Registrar; or
(ii) the Minister; or
(iii) a representative body; or
(b) after an investigation under section 40 has been
conducted,
the Board is satisfied, after due inquiry, that a psychologist or student
psychologist is medically unfit to provide psychological services and that it is
desirable in the public interest that an order be made under this section, the
Board may, by order—
(c) suspend the person's registration until further order of the Board or
for a specified period determined by the Board; or
(d) impose 1 or both of the following conditions on the person's
registration:
(i) a condition restricting the person's right to provide psychological
services;
(ii) a condition requiring the person to undergo counselling or treatment
or to enter into any other undertaking.
42—Inquiries
by Board as to matters constituting grounds for disciplinary
action
(1) A complaint setting out matters that are alleged to constitute grounds
for disciplinary action against a person may be laid before the Board (in a
manner and form approved by the Board) by—
(a) the Registrar; or
(b) the Minister; or
(c) a representative body; or
(d) a person who is aggrieved by the conduct of the person or, if the
person aggrieved is a child or is suffering from a mental or physical
incapacity, by a person acting on his or her behalf.
(2) If a complaint is laid under this section, the Board must inquire into
the subject matter of the complaint unless the Board considers that the
complaint is frivolous or vexatious.
(3) If a complaint has been laid under this section by or on behalf of an
aggrieved person and the Board is satisfied that the complaint arose from a
misapprehension on the part of the complainant or from a misunderstanding
between the parties, it may, before proceeding further with the hearing of the
complaint, require the parties to attend before the Registrar in order to
clarify the misapprehension or misunderstanding.
(4) If, after conducting an inquiry under this section, the Board is
satisfied on the balance of probabilities that there is proper cause for
disciplinary action against the respondent, the Board may, by order, do 1 or
more of the following:
(a) censure the respondent;
(b) require the respondent to pay to the Board a fine not exceeding
$10 000;
(c) if the respondent is a registered person—
(i) impose conditions on the respondent's registration restricting the
respondent's right to provide psychological services;
(ii) suspend the respondent's registration for a period not exceeding 1
year;
(iii) cancel the respondent's registration;
(iv) disqualify the respondent from being registered;
(d) prohibit the respondent from carrying on business as a psychological
services provider;
(e) prohibit the respondent from occupying a position of authority in a
corporate or trustee psychological services provider.
(5) The Board may—
(a) stipulate that a disqualification or prohibition under
subsection (4) is to apply—
(i) permanently; or
(ii) for a specified period; or
(iii) until the fulfilment of specified conditions; or
(iv) until further order;
(b) stipulate that an order relating to a person is to have effect at a
specified future time and impose conditions as to the conduct of the person or
the person's business until that time.
(6) If—
(a) a person has been found guilty of an offence; and
(b) the circumstances of the offence form, in whole or in part, the
subject matter of the complaint,
the person is not liable to a fine under this section in respect of conduct
giving rise to the offence.
(7) The Board may—
(a) fix a period within which a fine imposed under this section must be
paid;
(b) on application by a person liable to pay a fine imposed under this
section, extend the period within which the fine must be paid.
(8) A fine imposed under this section is recoverable by the Board as a
debt.
(9) The Board may, without further notice, remove from the appropriate
register a person who fails to pay a fine imposed under this section.
43—Contravention
of prohibition order
(1) If a person carries on business as a psychological services provider
in contravention of an order of the Board, the person is guilty of an
offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
(2) If a person occupies a position of authority in a corporate or trustee
psychological services provider in contravention of an order of the Board, the
person and the provider are each guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
(3) If a person contravenes or fails to comply with a condition imposed by
the Board as to the conduct of the person or the person's business, the person
is guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
44—Register of
prohibition orders
(1) The Registrar must keep a register of persons who have been prohibited
by order of the Board under this Part from carrying on business as a
psychological services provider or occupying a position of authority in a
corporate or trustee psychological services provider.
(2) The register—
(a) must not include any person who is dead;
(b) must include, in relation to each person on the
register—
(i) the person's full name and business address; and
(ii) particulars of the order.
(3) The Registrar is responsible to the Board for the form and maintenance
of the register.
(4) The Registrar must correct an entry in the register that is not, or
has ceased to be, correct.
(5) The register must be kept available for inspection by any person
during ordinary office hours at the office of the Registrar and the register may
be made available to the public by electronic means.
(6) A person may, on payment of the prescribed fee, obtain a copy of any
part of the register.
45—Variation or
revocation of conditions imposed by Board
(1) The Board may, at any time, on application by a registered person,
vary or revoke a condition imposed by the Board in relation to the person's
registration under this Act.
(2) The Registrar, the Minister and representative bodies are entitled to
appear and be heard on an application under this section.
46—Constitution of
Board for purpose of proceedings
(1) The Board will, for the purpose of hearing and determining proceedings
under this Part, be constituted of 3 members, of whom—
(a) 1 will be the member (or his or her deputy) who is a legal
practitioner; and
(b) 1 will be a member who is a psychologist.
(2) The member referred to in subsection (1)(a) will preside over the
proceedings.
(3) The members of the Board, other than the legal practitioner, will, for
the purposes of any particular proceedings, be selected by the presiding member
of the Board or, in the absence of the presiding member, the deputy presiding
member.
(4) If a member of the Board as constituted under this section (other than
the member presiding over the proceedings) dies or is for any other reason
unable to continue with the proceedings, the Board constituted of the remaining
members may, if the member presiding over the proceedings so determines,
continue and complete the proceedings.
(5) Any questions of law or procedure arising before the Board will be
determined by the member presiding over the proceedings and any other questions
by unanimous or majority decision of the members.
(6) The Board constituted of the member presiding over the proceedings
may, sitting alone—
(a) deal with—
(i) preliminary, interlocutory or procedural matters; or
(ii) questions of costs; or
(iii) questions of law; or
(b) enter consent orders,
and may, for that purpose or as a consequence, while sitting alone, make
any determination or order (including a final order) that the member considers
appropriate.
47—Provisions as
to proceedings before Board
(1) Subject to this Act, the Board must give to all of the parties to
proceedings before the Board under this Part at least 14 days written notice of
the time and place at which it intends to conduct the proceedings, and must
afford to the parties a reasonable opportunity to call and give evidence, to
examine or cross-examine witnesses, and to make submissions to the
Board.
(2) However—
(a) the Board may, if it thinks special reasons exist for doing so, give a
lesser period of written notice under subsection (1); and
(b) the Board may, if of the opinion that it is desirable to do so in the
public interest—
(i) suspend the registration of the person the subject of the proceedings;
or
(ii) impose conditions on the person's registration restricting the
person's right to provide psychological services,
pending hearing and determination of the proceedings.
(3) The requirement to give written notice under subsection (1) does
not extend to adjournments.
(4) If a party to whom notice has been given pursuant to this section does
not attend at the time and place fixed by the notice, the Board may proceed to
hear and determine the matter in the absence of that party.
(5) A person who is aggrieved by conduct that is the subject-matter of
proceedings before the Board under this Part is, subject to any direction of the
Board to the contrary, entitled to be present at the hearing of the
proceedings.
(6) In the course of proceedings before the Board under this Part, the
Board may—
(a) receive in evidence a transcript of evidence taken in proceedings
before a court, tribunal or other body constituted under the law of South
Australia or of any other State or a Territory of Australia or of another
country, and draw any conclusions of fact from the evidence that it considers
proper;
(b) adopt, as in its discretion it considers proper, any findings,
decision, judgment, or reasons for judgment, of any such court, tribunal or body
that may be relevant to the proceedings.
(7) The Board should conduct proceedings under this Part as expeditiously
as possible.
48—Right of appeal
to District Court
(1) An appeal lies to the District Court against—
(a) a refusal by the Board to register, or reinstate the registration of,
a person under this Act; or
(b) the imposition by the Board of conditions on a person's registration
under this Act; or
(c) a decision made by the Board in proceedings under Part 4.
(2) An appeal under subsection (1)(c) against a decision may be
instituted by the complainant or the respondent in the proceedings in which the
decision was made.
(3) An appeal must be instituted within 1 month of the date of the
decision appealed against.
49—Operation of
order may be suspended
(1) Where an order has been made by the Board, and the Board or the
District Court is satisfied that an appeal against the order has been
instituted, or is intended, it may suspend the operation of the order until the
determination of the appeal.
(2) Where the Board has suspended the operation of an order under (1), the
Board may terminate the suspension, and where the District Court has done so,
the Court may terminate the suspension.
50—Variation or
revocation of conditions imposed by Court
(1) The District Court may, at any time, on application by a registered
person, vary or revoke a condition imposed by the Court in relation to the
person's registration under this Act.
(2) The Board, the Minister and representative bodies are entitled to
appear and be heard on an application under this section.
In this Part—
domestic partner means a person who is a domestic partner
within the meaning of the Family Relationships Act 1975, whether
declared as such under that Act or not;
health product means—
(a) a pharmaceutical product; or
(b) any other product declared by the regulations to be a health product
for the purposes of this Part;
health service means—
(a) hospital, nursing home or aged care facility services; or
(b) medical, dental or pharmaceutical services; or
(c) chiropractic, occupational therapy, optometry, osteopathy,
physiotherapy, podiatric or psychology services; or
(d) any other service declared by the regulations to be a health service
for the purposes of this Part;
prescribed business means a business consisting of or
involving—
(a) the provision of a health service; or
(b) the manufacture, sale or supply of a health product;
prescribed relative, in relation to a registered person,
means a parent, spouse, domestic partner, child, grandchild, brother or sister
of the registered person;
spouse—a person is the spouse of another if they are
legally married.
52—Offence to
contravene conditions of registration
A person who contravenes, or fails to comply with, a condition imposed
under this Act on the person's registration is guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
53—Registered
person etc must declare interest in prescribed business
(1) A registered person or prescribed relative of a registered person who
has an interest in a prescribed business must—
(a) in the case of an interest that came into existence before the
commencement of this section—within 1 month after the commencement of this
section; or
(b) in any other case—within 1 month after the interest comes into
existence,
give to the Board prescribed information relating to the interest and the
manner in which it arose.
Maximum penalty: $20 000.
(2) A registered person or prescribed relative of a registered person who
has an interest in a prescribed business must, within 1 month after a change in
the nature or extent of the interest, give to the Board prescribed information
relating to the change.
Maximum penalty: $20 000.
(3) If a registered person or prescribed relative of a registered person
has an interest in a prescribed business, the registered person must
not—
(a) refer a patient or client to, or recommend that a patient or client
use, a health service provided by that business; or
(b) prescribe, or recommend that a patient or client use, a health product
manufactured, sold or supplied by that business,
unless the registered person has informed the patient or client, in
writing, of the interest of the registered person or prescribed relative of the
registered person in that business.
Maximum penalty: $20 000.
(4) Subject to subsection (5), a person has an interest in a
prescribed business for the purposes of this section if the person is likely to
derive a financial benefit, whether directly or indirectly, from the profitable
conduct of the business.
(5) For the purposes of subsection (4)—
(a) a financial benefit is not derived by a psychologist if the benefit
consists solely of reasonable fees payable to the registered person for services
provided to patients or clients by the registered person; and
(b) a person does not have an interest in a prescribed business that is
carried on by a public company if the interest consists only of a shareholding
in the company of less than 5 per cent of the issued share capital of the
company.
(6) It is a defence to proceedings for an offence against
subsection (3) and to a charge of unprofessional conduct for failure to
comply with that subsection for the defendant to prove that he or she did not
know and could not reasonably have been expected to know that a prescribed
relative had an interest in the prescribed business to which the referral,
recommendation or prescription that is the subject of the proceedings
relates.
54—Offence to
give, offer or accept benefit for referral or
recommendation
(1) A person must not give, or offer to give, a registered person or a
prescribed relative of a registered person a benefit as an inducement,
consideration or reward for the registered person—
(a) referring a patient or client to, or recommending that a patient or
client use, a health service provided by the person; or
(b) prescribing, or recommending that a patient or client use, a health
product manufactured, sold or supplied by the person.
Maximum penalty: $75 000.
(2) A registered person or a prescribed relative of a registered person
must not accept from any person a benefit offered or given as an inducement,
consideration or reward for the registered person—
(a) referring a patient or client to, or recommending that a patient or
client use, a health service provided by that person; or
(b) prescribing, or recommending that a patient or client use, a health
product manufactured, sold or supplied by that person.
Maximum penalty: $75 000.
(3) In this section—
benefit means money, property or anything else of
value.
55—Improper
directions to psychologists or student psychologists
(1) If a person who provides psychological services through the
instrumentality of a psychologist or student psychologist directs or pressures
the psychologist or student psychologist to engage in unprofessional conduct,
the person is guilty of an offence.
Maximum penalty: $75 000.
(2) If a person who occupies a position of authority in a corporate or
trustee psychological services provider directs or pressures a psychologist or
student psychologist through whom the provider provides psychological services
to engage in unprofessional conduct, the person and the provider are each guilty
of an offence.
Maximum penalty: $75 000.
56—Procurement of
registration by fraud
A person who, by fraud or any other dishonest means, procures registration
or reinstatement of registration under this Act (whether for himself or herself
or for another person) is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 6 months.
If a person is required under this Act to furnish information to the Board,
the Board may require that the information be verified by statutory declaration
and, in that event, the person will not be taken to have furnished the
information as required unless it has been verified in accordance with the
requirements of the Board.
58—False or
misleading statement
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided under this Act.
Maximum penalty: $20 000.
59—Registered
person must report medical unfitness to Board
If a registered person becomes aware that he or she is or may be medically
unfit to provide psychological services, the registered person must immediately
give written notice of that fact to the Board.
Maximum penalty: $10 000.
60—Report to Board
of cessation of status as student
(1) The person in charge of an educational institution must, if a student
psychologist ceases to be enrolled in, a course of study at that institution
providing qualifications for registration on the register of psychologists,
cause written notice of that fact to be given to the Board.
Maximum penalty: $5 000.
(2) A person registered on the student psychologist register who
completes, or ceases to be enrolled in, the course of study that formed the
basis for that registration must cause written notice of that fact to be given
to the Board.
Maximum penalty: $1 250.
61—Registered
persons and psychological services providers to be indemnified against
loss
(1) A registered person or psychological services provider must not,
unless exempted by the Board, provide psychological services unless insured or
indemnified in a manner and to an extent approved by the Board against civil
liabilities that might be incurred by the person or provider, as the case may
be, in connection with the provision of psychological services.
Maximum penalty: $10 000.
(2) The Board may, subject to such conditions as it thinks fit, exempt a
person, or a class of persons, from the requirements of this section and may,
whenever it thinks fit, revoke an exemption or revoke or vary the conditions
under which an exemption operates.
62—Information
relating to claim against registered person or psychological services provider
to be provided
(1) If a person has claimed damages or other compensation from a
registered person or other person for alleged negligence committed by a
registered person in the course of providing psychological services, the person
against whom the claim is made must—
(a) within 30 days after the claim is made; and
(b) within 30 days after any order is made by a court to pay damages or
other compensation in respect of that claim or any agreement has been entered
into for payment of a sum of money in settlement of that claim (whether with or
without a denial of liability),
provide the Board with prescribed information relating to the
claim.
Maximum penalty: $10 000.
(2) If a person has claimed damages or other compensation from a
psychological services provider for alleged negligence committed by the provider
in connection with the provision of psychological services, the provider
must—
(a) within 30 days after the claim is made; and
(b) within 30 days after any order is made by a court to pay damages or
other compensation in respect of that claim or any agreement has been entered
into for payment of a sum of money in settlement of that claim (whether with or
without a denial of liability),
provide the Board with prescribed information relating to the
claim.
Maximum penalty: $10 000.
(1) A person commits an act of victimisation against another person (the
victim) if he or she causes detriment to the victim on the ground,
or substantially on the ground, that the victim—
(a) has disclosed or intends to disclose information; or
(b) has made or intends to make an allegation,
that has given rise, or could give rise, to proceedings against the person
under this Act.
(2) An act of victimisation under this Act may be dealt
with—
(a) as a tort; or
(b) as if it were an act of victimisation under the Equal Opportunity
Act 1984,
but, if the victim commences proceedings in a court seeking a remedy in
tort, he or she cannot subsequently lodge a complaint under the Equal
Opportunity Act 1984 and, conversely, if the victim lodges a complaint
under that Act, he or she cannot subsequently commence proceedings in a court
seeking a remedy in tort.
(3) Where a complaint alleging an act of victimisation under this Act has
been lodged with the Commissioner for Equal Opportunity and the Commissioner is
of the opinion that the subject matter of the complaint has already been
adequately dealt with by a competent authority, the Commissioner may decline to
act on the complaint or to proceed further with action on the
complaint.
(4) In this section—
detriment includes—
(a) injury, damage or loss; or
(b) intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in relation to the
victim's employment or business; or
(d) threats of reprisal.
If a person is required to provide information or to produce a document,
record or equipment under this Act and the information, document, record or
equipment would tend to incriminate the person or make the person liable to a
penalty, the person must nevertheless provide the information or produce the
document, record or equipment, but the information, document, record or
equipment so provided or produced will not be admissible in evidence against the
person in proceedings for an offence, other than an offence against this or any
other Act relating to the provision of false or misleading
information.
65—Punishment of
conduct that constitutes an offence
If conduct constitutes an offence and is also a ground for disciplinary
action under this Act, the taking of disciplinary action under this Act is not a
bar to conviction and punishment for the offence, nor is conviction and
punishment for the offence a bar to disciplinary action under this
Act.
66—Vicarious
liability for offences
If a corporate or trustee psychological services provider or other body
corporate is guilty of an offence against this Act, each person occupying a
position of authority in the provider or body corporate is guilty of an offence
and liable to the same penalty as is prescribed for the principal offence unless
it is proved that the person could not, by the exercise of reasonable care, have
prevented the commission of the principal offence.
A fine imposed for an offence against this Act must be paid to the
Board.
68—Board may
require medical examination or report
(1) The Board may, for any purpose associated with the administration or
operation of this Act, require a registered person or a person who is applying
for registration or reinstatement of registration to—
(a) submit to an examination by a health professional, or by a health
professional of a class, specified by the Board; or
(b) provide a medical report from a health professional, or from a health
professional of a class, specified by the Board,
(including an examination or report that will require the person to undergo
some form of medically invasive procedure).
(2) If a person fails to comply with a requirement made under
subsection (1), the Board may suspend the person's registration until
further order of the Board.
(3) In this section—
health professional means—
(a) a medical practitioner; or
(b) a psychologist; or
(c) any other person who belongs to a profession, or who has an
occupation, declared by the Board, by notice in the Gazette, to be a profession
or occupation within the ambit of this definition.
69—Ministerial
review of decisions relating to courses
(1) If the Board—
(a) refuses to approve a course of education or training for the purposes
of this Act; or
(b) revokes an approval of a course of education or training under this
Act,
the provider of the course may apply to the Minister for a review of that
decision.
(2) The Minister may determine the application as the Minister thinks fit
and, if the Minister finds in favour of the applicant, grant or preserve the
approval (as appropriate).
(1) A person engaged or formerly engaged in the administration of this Act
or the repealed Act must not divulge or communicate personal information
obtained (whether by that person or otherwise) in the course of official duties
except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates;
or
(c) in connection with the administration of this Act or the repealed Act;
or
(d) to an authority responsible under the law of a place outside this
State for the registration or licensing of persons who provide psychological
services, where the information is required for the proper administration of
that law; or
(e) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions.
Maximum penalty: $10 000.
(2) Subsection (1) does not prevent disclosure of statistical or
other data that could not reasonably be expected to lead to the identification
of any person to whom it relates.
(3) Information that has been disclosed under subsection (1) for a
particular purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
(1) A notice or document required or authorised to be given or sent to, or
served on, a person for the purposes of this Act may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known nominated contact, residential, business or (in the case of a corporation)
registered address; or
(c) be left for the person at the person's last known nominated contact,
residential, business or (in the case of a corporation) registered address with
someone apparently over the age of 16 years; or
(d) be transmitted by facsimile transmission or electronic mail to a
facsimile number or electronic mail address provided by the person (in which
case the notice or document will be taken to have been given or served at the
time of transmission).
(2) Without limiting the effect of subsection (1), a notice or other
document required or authorised to be given or sent to, or served on, a person
for the purposes of this Act may, if the person is a company or registered body
within the meaning of the Corporations Act 2001 of the Commonwealth, be
served on the person in accordance with that Act.
(1) In proceedings for an offence against this Act or in disciplinary
proceedings under Part 4, an allegation in the complaint—
(a) that a person named in the complaint is or is not, or was or was not
on a specified date, registered on the student psychologist register or the
register of psychologists;
(b) that the registration of a person named in the complaint is, or was on
a specified date, subject to specified conditions;
(c) that a person named in the complaint is, or was on a specified date, a
psychological services provider or an exempt provider;
(d) that a person named in the complaint is, or was on a specified date,
occupying a position of authority in a corporate or trustee psychological
services provider;
(e) that a person named in the complaint is, or was on a specified date,
an inspector,
must be accepted as proved in the absence of proof to the
contrary.
(2) In legal proceedings, a document apparently certified by the Registrar
to be a copy of a register under this Act, or a copy of a code of conduct or
professional standard prepared or endorsed by the Board under this Act, must be
accepted as such in the absence of proof to the contrary.
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) prescribe, or empower the Board to fix—
(i) fees or charges for the purposes of this Act;
(ii) fees or charges for services provided by the Board in the exercise of
its functions under this Act,
and may provide for the recovery of a fee or charge so
prescribed;
(b) exempt any person or class of persons from the obligation to pay a fee
or charge so prescribed;
(c) regulate, or otherwise make provision with respect to, the education
of psychologists for the purposes of this Act, including by making provision
with respect to the approval of courses that may lead to registration;
(d) make any provision with respect to the keeping of a
register;
(e) prescribe penalties, not exceeding $5 000, for breach of, or
non-compliance, with a regulation.
(3) The regulations may—
(a) refer to or incorporate, wholly or partially and with or without
modification, a code, standard or other document prepared or published by a
prescribed body, either as in force at the time the regulations are made or as
in force from time to time; and
(b) be of general or limited application; and
(c) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(d) provide that a specified provision of this Act does not apply, or
applies with prescribed variations, to any person, circumstance or situation (or
person, circumstance or situation of a prescribed class) specified by the
regulations, subject to any condition to which the regulations are expressed to
be subject; and
(e) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Board
or another prescribed authority.
(4) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.
Schedule 1—Repeal
and transitional provisions
Part 1—Repeals
1—Repeal of
Psychological Practices
Act 1973
The Psychological Practices Act 1973 is repealed.
Part 2—Transitional provisions
2—Transitional
provisions relating to Board
(1) The Psychology Board of South Australia is the same body corporate as
the South Australian Psychological Board established under the repealed
Act.
(2) On the commencement of this clause all members of the Board then in
office vacate their respective offices so that fresh appointments may be made to
the Board under this Act.
(3) However, a person may continue to act as a member of the Board for the
purpose of continuing and completing proceedings under the repealed
Act.
(4) If appointments are to be made to the Board pursuant to the Acts
Interpretation Act 1915 prior to the commencement and for the purposes
of section 6—
(a) a reference in that section to psychologist will, for
those purposes, be taken to be a reference to a person who is a registered
psychologist under the repealed Act at the relevant time; and
(b) despite section 14C(3) of the Acts Interpretation
Act 1915, such an appointment takes effect on the commencement of
section 6 and not before.
3—Transitional
provisions relating to registration
(1) The register maintained under the repealed Act continues in existence
as the register of psychologists under this Act.
(2) A person who is registered on the register of psychologists
immediately following the commencement of this clause will be taken to be
registered under this Act on that register and any restrictions, limitations or
conditions that applied to the registration of the person under the repealed Act
immediately before that commencement will be taken to continue to apply to the
registration of the person under this Act as if they had been imposed by the
Board under this Act.
(3) If a person who was removed from the register of psychologists under
the repealed Act for any reason and who had not, before the commencement of this
Act, been reinstated on that register, applies for registration under this Act,
the Board may deal with the application as though it were an application for
reinstatement on that register under this Act.
4—Transitional
provision relating to student psychologists
A person who was, immediately before the commencement of this clause,
enrolled in a course of study that provides qualifications for registration on
the register of psychologists is, on due application to the Board, entitled to
full registration on the student psychologist register.
The regulations may make other provisions of a savings or transitional
nature consequent on the enactment of this Act.