(1) The President may grant to a person a certificate of provisional registration as a chiropractor if the person:
(a) is entitled to a diploma, certificate or other academic award referred to in section 9 (a), and (b) will have the diploma, certificate or other award conferred or granted in due course according to the practice of the body, association or institution conferring or granting the diploma, certificate or other award, and (c) is of good character, and (d) applies to be registered as a chiropractor and pays the fee prescribed by the regulations. (2) The President may grant to a person a certificate of provisional registration as an osteopath if the person:
(a) is entitled to a diploma, certificate or other academic award referred to in section 10 (a), and (b) will have the diploma, certificate or other award conferred or granted in due course according to the practice of the body, association or institution conferring or granting the diploma, certificate or other award, and (c) is of good character, and (d) applies to be registered as an osteopath and pays the fee prescribed by the regulations.
(1) A registered practitioner (other than a person who holds a certificate of temporary registration) must, on or before the prescribed date in each year ( the due date ), pay to the Board a roll fee of such amount as may be prescribed by the regulations for the following year.(2) Together with the roll fee, the practitioner is to furnish particulars of his or her address for entry in the register. (3) If a practitioner required by this section to pay a prescribed roll fee does not pay the fee for the following year on or before the due date, the Board is required to notify the practitioner that if the fee is not paid on or before the day prescribed for the purposes of this subsection ( the final date ), the practitioner’s name will be removed from the register.
(1) A complaint may be made that a registered practitioner:
(a) has been convicted either in or outside New South Wales of an offence which, from the circumstances in which it was committed, renders the chiropractor or osteopath unfit in the public interest to practise chiropractic or osteopathy, or (b) is an habitual drunkard or is addicted to any deleterious drug, or (c) has been guilty of professional misconduct, or (d) does not have sufficient physical or mental capacity to practise chiropractic or osteopathy, or (e) is not of good character. (2) Any person (including the Board) may make a complaint to the Board.
(1) The Board must, as soon as practicable after a complaint is lodged with the Registrar or the Board has decided to make a complaint:
(a) refer the complaint to a Committee or the Tribunal (which is to be constituted in accordance with this Act to deal with the complaint), as the Board thinks fit, despite any previous action taken by the Board or the Commission, or (b) direct the registered practitioner concerned to attend for counselling, or (c) determine that no further action should be taken, except where the Board has decided to make the complaint. (2) The Board must refer a complaint to the Tribunal if the Board is of the opinion that the subject-matter of the complaint (not being, in the Board’s opinion, a frivolous or vexatious complaint), if substantiated, may provide grounds for the suspension or deregistration of the registered practitioner. (3) The Board may refer a complaint to a Committee even though, if substantiated, it may provide grounds for the suspension or deregistration of the practitioner, if:
(a) the complaint is made under section 28 (1) (d), or the Board has decided to make the complaint under section 28 (1) (d), and (b) the Board is of the opinion that no other complaint under any other provision of section 28 relating to the registered practitioner concerned should be referred to the Tribunal.
(1) Before the Board takes any action under section 29, the Board and the Commission must consult in order to see if agreement can be reached between them as to the course of action to be taken concerning a complaint.
(1) The Board may at any time:
(a) by its order suspend a registered practitioner from practising for such period (not exceeding 30 days) as is specified in the order, or (b) impose on a registered practitioner’s registration such conditions, relating to the practitioner’s practice, as it considers appropriate, if it is satisfied that such action is necessary for the purpose of protecting the life, or the physical or mental health, of any person. (2) The Board may take action under this section whether or not a complaint has been made to the Board about the registered practitioner. (3) The Board must, at or before the time it takes action under this section, refer:
(a) any complaint about the registered practitioner, and (b) particulars of the action taken and the Board’s reasons for taking the action, to the Tribunal, or, if the matter is one which could be referred to a Committee under section 29 (3), it may refer it to a Committee, and the matter is taken to be a complaint referred to the Tribunal or the Committee by the Board.
(1) An appeal under section 33A is to be made in accordance with the rules of the District Court. (2) The appeal is to be dealt with by way of a new hearing and new evidence may be given in addition to or in substitution for any evidence given to the Board.
(1) A Committee appointed under section 34 is to conduct an inquiry into any complaint referred to it.
(1) A Committee must forthwith terminate an inquiry if, before or during the inquiry, the Committee:
(a) forms the opinion that the complaint (not being a complaint referred under section 29 (3)) may provide grounds for the suspension or deregistration of a registered practitioner, or (b) becomes aware that the Board has referred the complaint or another complaint about the registered practitioner concerned to the Tribunal.
(1) A Committee may make one or more of the following determinations if it finds the subject-matter of a complaint made against a person to have been proved:
(a) caution or reprimand the person, (b) order that the person seek medical or psychiatric treatment or counselling, (c) direct that such conditions, relating to the person’s practice, as it considers appropriate be imposed on the person’s registration, (d) order that the person complete such educational courses as are specified by the Committee, (e) order that the person report on his or her practice at the times, in the manner and to the persons specified by the Committee, (f) order that the person seek and take advice, in relation to the management of his or her practice, from such persons as are specified by the Committee, (g) by its order impose a fine on the person of an amount, not exceeding 50 penalty units, specified in the order. (2) A power conferred by subsection (1) (b)–(f) may not be exercised unless the person concerned is registered. (3) An order may be made by a Committee that a person who is not registered may be registered subject only to compliance with an order made under subsection (1) (b), (d), (e) or (f) or conditions that might, if the person were registered, be imposed under subsection (1) (c). (4) The Board may refer to the Tribunal any failure by a person to comply with the following orders or conditions imposed by a Committee:
(a) an order under subsection (1) (b), (d), (e) or (f), (b) conditions imposed under subsection (1) (c), or (c) an order under subsection (3).
(1) There is to be a Chiropractors and Osteopaths Tribunal. (2) The Tribunal has and may exercise the jurisdiction and functions conferred or imposed on it by or under this or any other Act. (3) The Board must inform the Chairperson and appoint 3 other persons to sit on the Tribunal when:
(a) a complaint or other matter is referred to the Tribunal, or (b) the Commission decides, in accordance with the , to prosecute a complaint before the Tribunal, or Health Care Complaints Act 1993 (c) an appeal or application under section 53 to the Tribunal is lodged with the Board.
(1) The Governor may appoint:
(a) a qualified person as Chairperson of the Tribunal, and (b) 1 or more qualified persons as Deputy Chairpersons of the Tribunal. (1A) A person is qualified for appointment as Chairperson, or as a Deputy Chairperson, if the person:
(a) is or has been a Judge, or (b) is a legal practitioner of at least 7 years’ standing. (2) The Chairperson and each Deputy Chairperson hold office for such period not exceeding 7 years as may be specified in the instrument of appointment as Chairperson or Deputy Chairperson, but are eligible (if otherwise qualified) for re-appointment.
(1) The members of the Tribunal nominated and appointed under section 44 are to conduct an inquiry into any complaint, matter or application and are to hear any appeal referred to it.
(1) The Tribunal may make one or more of the following determinations if it finds the subject-matter of a complaint made against a person to have been proved:
(a) caution or reprimand the person, (b) order that the person seek medical or psychiatric treatment or counselling, (c) direct that such conditions, relating to the person’s practice, as it considers appropriate be imposed on the person’s registration, (d) order that the person complete such educational courses as are specified by the Tribunal, (e) order that the person report on his or her practice at the times, in the manner and to the persons specified by the Tribunal, (f) order that the person seek and take advice, in relation to the management of his or her practice, from such persons as are specified by the Tribunal, (g) by its order:
(i) suspend the person from practising for such period as it specifies, or (ii) direct that the person’s name be removed from the register, (h) by its order impose a fine on the person of an amount, not exceeding 50 penalty units, specified in the order. (2) A power conferred by subsection (1) (b)–(g) may not be exercised unless the person is registered, but an order may be made by the Tribunal that a person who is not registered may be registered only subject to compliance with an order under subsection (1) (b), (d), (e) or (f) or conditions that might, if the person were registered, be imposed under subsection (1) (c). (3) If the Board has reason to believe that a person in respect of whom the Tribunal has:
(a) made an order under subsection (1) (b), (d), (e) or (f), or (b) imposed conditions under subsection (1) (c), or (c) made an order under subsection (2), has failed to comply with the order or conditions, the Board may refer the matter to the Tribunal. (4) The Tribunal may, if it finds the failure to have been proved:
(a) exercise any power that it may exercise under subsection (1) or (5) (if the person is a registered practitioner), or (b) make any order that the Tribunal may make under subsection (2) or (5) (if the person is not registered).
(1) A person appointed under section 62 as an inspector may apply to an authorised justice for the issue of a search warrant if the inspector believes on reasonable grounds that a provision of this Act or the regulations is being or has been contravened on any premises.
(Section 26 (1))
(Section 26 (2))
(Sections 36, 46)