An Act to regulate the practice of chiropractic and osteopathy and to repeal the Chiropractic Act 1978.
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Chiropractors and Osteopaths Act 1991.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by this section.(2) Part 1, section 69 and Schedule 4 commence on the date of assent to this Act.
3 Definitions
(1) In this Act:Board means the Chiropractors and Osteopaths Registration Board.Chairperson means the Chairperson of the Tribunal.Commission means the Health Care Complaints Commission constituted under the Health Care Complaints Act 1993.Committee means a Professional Standards Committee referred to in section 34.conduct means any act or omission.Corporation means the Health Administration Corporation constituted under the Health Administration Act 1982.Deputy Chairperson means a Deputy Chairperson of the Tribunal.Director-General means the Director-General of the Department of Health.member means a member of the Board.President means the President of the Board.professional misconduct, in relation to a registered practitioner, includes any of the following:(a) any conduct that demonstrates a lack of adequate:(i) knowledge, or(ii) experience, or(iii) skill, or(iv) judgment, orby the practitioner in the practice in which the practitioner is registered,(v) care,(b) a contravention by the practitioner of a provision of this Act or the regulations,(c) a failure by the practitioner to comply with a condition of registration,(d) the practitioner holding himself or herself out as having qualifications in chiropractic or osteopathy other than those recorded in the register in respect of the practitioner,(e) any other improper or unethical conduct relating to the practice of chiropractic or osteopathy.register means the register kept by the Board under section 17.registered chiropractor means a person registered as a chiropractor or a chiropractor and osteopath under Part 3.registered osteopath means a person registered as an osteopath or a chiropractor and osteopath under Part 3.registered practitioner means a registered chiropractor or a registered osteopath.Registrar means the Registrar of the Board.Tribunal means the Chiropractors and Osteopaths Tribunal constituted under section 44.(2) In this Act:(a) a reference to a function includes a reference to a power, authority and duty, and(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.s 3: Am 1993 No 105, Sch 3.
Part 2 Requirement for registration
4 Chiropractic and osteopathy not to be practised by unregistered person
A person must not manipulate the joints of the human spinal column, including its immediate articulations, unless:(a) the person is registered under this Act as a chiropractor, osteopath or chiropractor and osteopath, or(b) the person does so in the ordinary course of his or her practice as a registered medical practitioner or physiotherapist registered under the Physiotherapists Registration Act 1945, or(c) the person does so in connection with a course of training referred to in section 9 (a) or 10 (a), or(d) the person does so in connection with an examination arranged by the Board pursuant to section 9 (b) or 10 (b), or(e) the person is exempted from the operation of this section by the regulations.Maximum penalty: 50 penalty units.s 4: Am 1992 No 111, Sch 1.
5 Use of title of chiropractor, osteopath etc
(1) A person must not indicate that the person:(a) practises chiropractic or osteopathy, orunless the person is registered to so practise under this Act.(b) is qualified to practise chiropractic or osteopathy,(2) Without limiting the ways in which a person may be taken to have indicated that he or she so practises or is qualified to so practise, a person is taken to have so indicated if the person uses:(a) any name, initials, word, title, addition, symbol or description which, having regard to the circumstances in which it is used:(i) indicates, or(ii) is capable of being understood to indicate, orthat the person practises chiropractic or osteopathy or is qualified to practise chiropractic or osteopathy, or(iii) is calculated to lead a person to infer,(b) any name, title or description prescribed by the regulations.(3) A registered practitioner must not use any certificate, diploma, membership, degree, licence, letters, testimonial or other title, status, documents or description:(a) in relation to himself or herself, orother than those for which particulars are recorded in the register in respect of the practitioner.(b) in the practice in which the practitioner is registered under this Act,(4) A registered practitioner must not use any name, initials, word, title, addition, symbol or description which, having regard to the circumstances in which it is used:(a) indicates, or(b) is capable of being understood to indicate, orthat the person is a medical practitioner unless the person is registered as a medical practitioner under the Medical Practitioners Act 1938.(c) is calculated to lead a person to infer,Maximum penalty: 20 penalty units.
Part 3 Registration
6 Registration as chiropractor
(1) A person is registered under this Act as a chiropractor if his or her name is entered in the register of chiropractors.(2) A person who is granted one of the following certificates is taken to be a registered chiropractor while the certificate has effect:(a) a certificate of provisional registration as a chiropractor,(b) a certificate of temporary registration as a chiropractor,(c) a certificate of conditional registration as a chiropractor.(3) A person ceases to be registered as a chiropractor if his or her name (for whatever reason) is removed from the register.(4) A person whose registration as a chiropractor is suspended is taken not to be a registered chiropractor during the period of the suspension, except for the purposes of Part 5.
7 Registration as osteopath
(1) A person is registered under this Act as an osteopath if his or her name is entered in the register of osteopaths.(2) A person who is granted one of the following certificates is taken to be a registered osteopath while the certificate has effect:(a) a certificate of provisional registration as an osteopath,(b) a certificate of temporary registration as an osteopath,(c) a certificate of conditional registration as an osteopath.(3) A person ceases to be registered as an osteopath if his or her name (for whatever reason) is removed from the register.(4) A person whose registration as an osteopath is suspended is taken not to be a registered osteopath during the period of the suspension, except for the purposes of Part 5.
8 Registration as chiropractor and osteopath
(1) A person is registered under this Act as a chiropractor and osteopath if his or her name is entered in the register of chiropractors and osteopaths.(2) A person who is granted one of the following certificates is taken to be a registered chiropractor and osteopath while the certificate has effect:(a) a certificate of temporary registration as a chiropractor and osteopath,(b) a certificate of conditional registration as a chiropractor and osteopath.(3) A person ceases to be registered as a chiropractor and osteopath if his or her name (for whatever reason) is removed from the register.(4) A person whose registration as a chiropractor and osteopath is suspended is taken not to be a registered chiropractor and osteopath during the period of the suspension, except for the purposes of Part 5.
9 Qualification for registration as chiropractor
A person who is of good character and is of or above the age of 18 years is entitled, on payment of the prescribed fee, to be registered as a chiropractor if the person:(a) has undertaken a course of training prescribed by the regulations and has received a diploma, certificate or other academic award for the successful completion of that course, or(b) has, at an examination arranged by the Board, satisfied the Board that he or she is fit to practise chiropractic in New South Wales, or(c) is registered elsewhere in Australia as a chiropractor in accordance with a law prescribed by the regulations providing for the registration of chiropractors.
10 Qualification for registration as osteopath
A person who is of good character and is of or above the age of 18 years is entitled, on payment of the prescribed fee, to be registered as an osteopath if the person:(a) has undertaken a course of training prescribed by the regulations and has received a diploma, certificate or other academic award for the successful completion of that course, or(b) has, at an examination arranged by the Board, satisfied the Board that he or she is fit to practise osteopathy in New South Wales, or(c) is registered elsewhere in Australia as an osteopath in accordance with a law prescribed by the regulations providing for the registration of osteopaths.
11 Qualification for registration as chiropractor and osteopath
A person is entitled to be registered as a chiropractor and osteopath if the person is entitled to be registered under sections 9 and 10 and pays the prescribed fee.
12 Board may refuse registration
(1) The Board may refuse to register a person who is otherwise entitled to be registered under this Part if:(a) the person has been convicted either in or outside New South Wales of an offence which, from the circumstances under which it was committed, renders the person unfit in the public interest to practise chiropractic or osteopathy, or(b) the person’s name has been removed from any register or roll established or kept under any law in any country providing for the registration or certification of chiropractors or osteopaths, or(c) the person is an habitual drunkard or addicted to any deleterious drug.(2) The Board may not refuse to register a person under this section on the grounds that the person’s name has been removed from another register or roll unless:(a) the reason for the removal was an act or omission of a nature affecting the person’s conduct in a professional respect, and(b) the act or omission, if done or omitted to be done in New South Wales, would have authorised the removal of the person’s name from the register under Part 5 (if the person were registered in the register).
13 Provisional registration
(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.(2A) The President may also grant to a person a certificate of provisional registration of the appropriate kind if the person:(a) is of good character, and(b) applies for registration and pays the fee prescribed by the regulations, and(c) is entitled under section 9 (a) or (c), 10 (a) or (c) or 11 to registration of the kind applied for.(3) The President is to set an expiry date, not later than 6 months after the certificate takes effect, for each certificate of provisional registration granted by the President.(4) The Board may, at any time before the date of expiry, for such cause as to it seems proper, cancel a certificate of provisional registration without prejudice to any application for registration of the person who was the holder of the certificate.(5) A certificate of provisional registration has effect until it is cancelled or expires.(6) If a person to whom a certificate of provisional registration has been granted becomes registered under this Act during the currency of the certificate, the person’s registration dates from the granting of the certificate, unless otherwise decided by the Board.s 13: Am 1992 No 111, Sch 1.
14 Temporary registration
(1) The Board may grant to a person a certificate of temporary registration under this Part if the person:(a) applies for temporary registration and is not normally resident in New South Wales, and(b) is entitled under section 15 to a certificate of the kind applied for, and(c) pays the fee prescribed by the regulations.(2) A certificate of temporary registration may be granted for such term (not exceeding 6 months) as the Board determines.(3) The Board may, at any time before the date of expiry, for such cause as to it seems proper, cancel a certificate of temporary registration without prejudice to any application for registration of the person who was the holder of the certificate.(4) A certificate of temporary registration has effect until it is cancelled or expires.(5) The Board may impose such conditions as it thinks fit on the temporary registration of a person and may remove or vary those conditions.
15 Qualification for temporary registration
(1) A person is entitled to a certificate of temporary registration as a chiropractor if the person:(a) is registered as a chiropractor in accordance with a law in force in the person’s normal place of residence providing for the registration of chiropractors, or(b) holds such qualifications and has such experience in the practice of chiropractic as the Board considers satisfactory for the granting of temporary registration.(2) A person is entitled to a certificate of temporary registration as an osteopath if the person:(a) is registered as an osteopath in accordance with a law in force in the person’s normal place of residence providing for the registration of osteopaths, or(b) holds such qualifications and has such experience in the practice of osteopathy as the Board considers satisfactory for the granting of temporary registration.(3) A person is entitled to a certificate of temporary registration as a chiropractor and osteopath if the person is entitled to a certificate of temporary registration under subsections (1) and (2).
16 Conditional registration
(1) A person entitled to be registered under section 6, 7 or 8 may be so registered subject to such conditions relating to the duration of the registration, the aspects of the practice in which the person who is registered may be engaged, and any other matters, as the Board thinks fit.(2) The Board may impose conditions under this section only if:(a) the person has been the subject of disciplinary proceedings as a result of which conditions are required to be placed on his or her registration, or(b) the person is or has been registered as a chiropractor or osteopath or both outside New South Wales and the registration is or was subject to conditions.
17 Register
(1) The Board is to keep a register divided as follows:(a) the register of chiropractors,(b) the register of osteopaths,(c) the register of chiropractors and osteopaths.(2) The Board, on the application of a person and on being satisfied that the person is entitled to be registered under this Part, is to enter in the appropriate division of the register the following information:(a) the person’s full name and address,(b) the date of registration,(c) particulars of the qualification or qualifications in respect of which the registration is granted,(d) such other particulars and matters as are directed by this Act or the regulations to be entered in the register.(3) The Board may, in relation to a practitioner registered under this Act, also enter in the register, on payment of the prescribed fee:(a) particulars of such further or additional qualifications possessed by the practitioner which the Board decides are appropriate to be entered in the register, and(b) particulars of any certificate, diploma, membership, degree, licence, letters, testimonial or other title, status, document or description which the practitioner is authorised by the Board to use as a registered practitioner or in the practice of chiropractic or osteopathy.(4) The Board is to supply a person with such extracts from the register as the person may require, on payment of the fee prescribed by the regulations.(5) The register is to be open to inspection at the office of the Board, at all times when that office is open for business, by any person on payment of the fee prescribed by the regulations.
18 Annual roll fee
(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.(4) Notification may be given to the practitioner by letter addressed to the practitioner at the address appearing in the register.(5) The Board must remove the practitioner’s name from the register if the practitioner has been so notified and fails to pay the fee on or before the final date.(6) The Board is required to restore the practitioner’s name to the register on the application of the practitioner and payment of the prescribed fee.(7) A practitioner whose name has been removed from the register for more than 5 years may not have his or her name restored to the register under this section unless the Board is satisfied:(a) that the practitioner is of good character, and(b) that the practitioner is able to demonstrate (whether by passing an examination arranged by the Board, or otherwise) that he or she possesses the requisite skills to practise as a chiropractor or osteopath or both.(8) The regulations may provide for the waiver of the whole or such part of the fees as the Board may in a particular case think proper.(9) In this section, year means a year ending on 30 June or on such other day as may be specified by the regulations.s 18: Am 1996 No 30, Sch 1.6 [1]–[3].
19 Restoration of name to register
(1) The name of a practitioner removed from the register at the direction of the Board is not to be again entered in the register, except by direction of the Board or by order of a court of competent jurisdiction.(2) The Board may, if it thinks fit in any case, direct the Registrar to restore to the register a name removed from it.(3) The Board may, as a condition of restoration, require a person to pay such fee, not exceeding the prescribed registration fee, as it may from time to time direct.(4) The Registrar is to restore a name to the register on being directed to do so by the Board.
20 Removal of name of deceased person etc
(1) The Board is to cause to be removed from the register the names of:(a) every practitioner who has died, and(b) every practitioner who has ceased to possess or does not possess the qualifications in respect of which the person was registered.(2) The Board may cause the name of a practitioner to be removed from the register if the practitioner so requests.
Part 4 The Registration Board
21 Constitution of the Board
There is constituted by this Act a body corporate under the corporate name of the Chiropractors and Osteopaths Registration Board.
22 Functions of the Board
The Board has the following functions:(a) to promote and maintain high standards of chiropractic and osteopathic practice in New South Wales,(b) to advise the Minister on matters relating to the registration of chiropractors and osteopaths, standards of chiropractic and osteopathic practice and any other matters arising under or related to this Act or the regulations,(c) to consult with professional and educational bodies on matters affecting chiropractors and osteopaths, where the Board considers it appropriate to do so,(d) to publish and distribute information concerning this Act and the regulations to chiropractors and osteopaths and other interested persons,(e) to exercise the functions conferred or imposed on it by or under this or any other Act.
23 Membership of the Board
(1) The Board is to consist of 9 members nominated by the Minister and appointed by the Governor.(2) Of the members:(a) 1 is to be an officer of the Department of Health or an employee of a public health organisation within the meaning of the Health Services Act 1997,(b) 1 is to be a registered chiropractor who has experience in chiropractic education,(c) 3 are to be registered chiropractors nominated by the New South Wales Branch of the Chiropractors Association of Australia,(d) 1 is to be a registered osteopath nominated by the New South Wales Branch of the Australian Osteopathic Association,(e) 1 is to be a person nominated to represent the community,(f) 1 is to be a registered medical practitioner,(g) 1 is to be a barrister or solicitor.(3) If a body referred to in subsection (2) (c) or (d) does not nominate a chiropractor within such time or in such manner as may be specified by the Minister by notice in writing to the body, the Governor may instead appoint to be a member a chiropractor nominated by the Minister.s 23: Am 1997 No 154, Sch 6.6.
24 Staff
A Registrar and such other staff as may be necessary to enable the Board to exercise its functions are to be employed under the Health Administration Act 1982 by the Corporation.
25 Advisory committees
(1) The Board may establish committees to assist it in connection with the exercise of any of its functions.(2) The Board may establish (without limiting the generality of subsection (1)) an education advisory committee to advise the Board on:(a) chiropractic and osteopathy education (including further education for registered practitioners), and(b) education for any public purpose connected with the practice of chiropractic or osteopathy.(3) It does not matter that any or all of the members of a committee are not members of the Board.(4) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings may be determined by the Board or (subject to any determination of the Board) by the committee.
26 Other provisions relating to the Board
(1) Schedule 1 has effect with respect to the members of the Board.(2) Schedule 2 has effect with respect to the procedure of the Board.
Part 5 Complaints and disciplinary proceedings
Division 1 Complaints
27 Codes of professional conduct
The Board may establish:(a) codes of professional conduct setting out the rules of conduct which should be observed by registered chiropractors in carrying out the practice of chiropractic, and(b) codes of professional conduct setting out the rules of conduct which should be observed by registered osteopaths in carrying out the practice of osteopathy.
28 Complaints
(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.(3) A complaint must:(a) be in writing, and(b) contain particulars of the allegations on which it is founded, and(c) be verified by statutory declaration, and(d) be lodged with the Registrar.(4) The Board must notify the Commission of a complaint as soon as practicable after the complaint is made.(5) The Board may require the complainant to provide further particulars of the complaint.(6) A complaint about a registered practitioner may be dealt with even though the practitioner has ceased to be registered and, for that purpose, references in this Part and Schedule 3 to a registered practitioner include references to a person who has ceased to be registered.(7) A complaint that a registered practitioner has been guilty of professional misconduct may be dealt with even though the professional misconduct occurred during a period in which the practitioner’s name had been removed from the register under section 18.s 28: Am 1993 No 105, Sch 3.
29 Referral or dismissal of complaints by 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.(4) Two or more members of the Board may be appointed by the Board for the purpose of carrying out the functions of the Board under this section, and in this Act and the regulations a reference to the referral of a complaint by the Board is taken to include a reference to a referral of a complaint by those members.(5) The Board may, before taking any action under this section, require the registered practitioner concerned, by notice in writing given personally or by post to the practitioner, to undergo at the Board’s expense a medical examination:(a) by a registered medical practitioner, andspecified in the notice.(b) at any reasonable time and place,(6) A failure by a registered practitioner, without reasonable cause, to comply with:(a) a direction under this section to attend for counselling, oris, for the purposes of this Part or any inquiry or appeal under this Part, evidence that the practitioner does not have sufficient physical and mental capacity to practise chiropractic or osteopathy.(b) a notice given under this section to undergo a medical examination,(7) The Board:(a) is not to refer a complaint about a registered practitioner who has died, and(b) may decide not to refer a complaint:(i) if the complainant fails to provide further particulars requested under section 28, or(ii) if the registered practitioner concerned ceases to be registered.(8) This section is subject to section 30.s 29: Am 1993 No 105, Sch 3.
30 Role of the Health Care Complaints Commission
(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.(2) Division 2 of Part 2 of the Health Care Complaints Act 1993 applies to the consultation.(3) A complaint must not be referred to the Tribunal or a Committee until the complaint has been investigated by the Commission under the Health Care Complaints Act 1993.(4) If the Commission recommends to the Board in accordance with the Health Care Complaints Act 1993 that a complaint (whether made under that Act or this Act) be referred to the Tribunal, the Board must comply with that recommendation. This applies only to a complaint of a kind that could be made under this Act. A recommendation by the Commission for referral to the Tribunal is to be complied with even if the complaint has already been referred to a Committee.s 30: Subst 1993 No 105, Sch 3.
31 (Repealed)
s 31: Rep 1993 No 105, Sch 3.
32 Suspension etc by the Board
(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, orif it is satisfied that such action is necessary for the purpose of protecting the life, or the physical or mental health, of any person.(b) impose on a registered practitioner’s registration such conditions, relating to the practitioner’s practice, as it considers appropriate,(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, andto 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.(b) particulars of the action taken and the Board’s reasons for taking the action,(4) The Tribunal or a Committee is to be constituted in accordance with this Act to deal with a matter referred to it under this section.(5) The Board is to inform the Director-General and the Commission when it takes any action under this section.(6) A period of suspension imposed by the Board under this section may be extended, from time to time, by the Board by its order for a further period or further periods, each of not more than 30 days, if:(a) the extension has been approved in writing by the Chairperson or a Deputy Chairperson, and(b) the complaint about the registered practitioner has not been disposed of.(7) A person suspended from practising by an order under this section is, except in the application to the person of a provision of Part 3 or this Part, taken not to be a registered practitioner, while the order is in force.(8) On the expiry of such a period of suspension, the person’s rights and privileges as a registered practitioner are revived, subject to any order made by the Tribunal.(9) Conditions imposed under subsection (1) (b) following the making of a complaint about a practitioner have effect until such time as the complaint is disposed of.s 32: Am 1993 No 105, Sch 3.
33 Appeals against suspension etc by the Board
(1) A person:(a) who has been suspended by the Board from practising, ormay appeal to the Tribunal against the suspension or conditions or any extension under that section of the period of suspension.(b) on whom conditions have been imposed under section 32,(2) An appeal under this section is to be lodged with the Registrar who is to refer it to the Tribunal (which is to be constituted in accordance with this Act to deal with the appeal).(3) An appeal under this section against an order made or conditions imposed under section 32 is to be lodged not later than 7 days after notice of the order or notice of the imposition of the conditions is given to the affected person.(4) On an appeal under this section, the Tribunal may by its order:(a) terminate, vary or confirm the period of suspension, oras it thinks proper, but only so that the order does not have effect beyond the day on which any related complaint about the person is disposed of.(b) revoke, vary or confirm the conditions,(5) An appeal under this section does not affect any suspension or conditions with respect to which it has been made until an order is made under subsection (4).
33A Appeals against other determinations of the Board
(1) A person who is aggrieved by any of the following:(a) the Board’s refusal to register the person as a chiropractor or an osteopath or as a chiropractor and osteopath,(b) the Board’s refusal to grant the person a certificate of temporary registration,(c) the Board’s cancellation of the person’s certificate of provisional registration or temporary registration,may, within 3 months after the date on which notice of the refusal or cancellation is given to the person (or, if under section 55 the person requests a written statement of the decision concerned, within 30 days after that statement is provided), appeal against that refusal or cancellation to the District Court.(d) the Board’s refusal to restore the person’s name to the register under section 18 or to direct, under section 19, that the person’s name be restored to the register,(2) For the purposes of this section, if the Board does not, within 60 days after an application under this Act is made to it, give notice to the applicant of the result of the application, the Board is taken on the expiration of the 60-day period to have given notice to the applicant that the Board has refused the application.s 33A: Ins 1992 No 111, Sch 1.
33B Making and determination of appeals
(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.(3) In hearing the appeal, the District Court is not bound by the rules or practice as to evidence and may inform itself of any matter in such manner as it thinks fit.(4) In determining the appeal, the District Court is to have regard to this Act, the regulations, the circumstances of the case and the public interest.(5) In determining the appeal, the District Court may:(a) confirm the refusal or cancellation appealed against, or(b) substitute for that refusal or cancellation any other determination that the Board might have made.(6) A decision of the District Court on an appeal is final and is taken to be that of the Board.s 33B: Ins 1992 No 111, Sch 1.
Division 2 Hearing of complaints by Professional Standards Committees
34 Professional Standards Committees
(1) There are to be Professional Standards Committees.(2) The Committees are to have and may exercise the jurisdiction and functions conferred or imposed on them by or under this Act.(3) When the Board decides to refer a complaint to a Committee, the Board is to appoint 3 persons to sit as the Committee for the purpose of conducting an inquiry into the complaint.s 34: Am 1993 No 105, Sch 3.
35 Constitution of Committees
(1) For the purposes of conducting an inquiry into a complaint against a registered chiropractor, a Committee consists of:(a) 2 registered chiropractors having such qualifications as may be prescribed, and(b) 1 lay person (that is, a person who is neither a chiropractor nor an osteopath) appointed from among a panel of lay persons for the time being nominated by the Minister.(2) For the purposes of conducting an inquiry arising from a complaint against a registered osteopath, a Committee consists of:(a) 2 registered osteopaths having such qualifications as may be prescribed, and(b) 1 lay person (that is, a person who is neither an osteopath nor a chiropractor) appointed from among a panel of lay persons for the time being nominated by the Minister.(3) For the purposes of conducting an inquiry arising from a complaint against a registered chiropractor and osteopath, a Committee consists of:(a) 1 registered chiropractor having such qualifications as may be prescribed, and(b) 1 registered osteopath having such qualifications as may be prescribed, and(c) 1 lay person (that is, a person who is neither a chiropractor nor an osteopath) appointed from among a panel of lay persons for the time being nominated by the Minister.(4) The Board is to appoint one of the members of a Committee as a chairperson of the Committee.(5) A person may be appointed to sit on a Committee whether or not the person is a member of the Board, but not if the person has previously dealt with the particular matter before the Committee in his or her capacity as such a member.(6) One or more Committees may conduct more than one inquiry at the same time.(7) A member of a Committee, while sitting on the Committee, is entitled to be paid by the Board in accordance with the regulations.
36 Proceedings before a Committee
(1) A Committee appointed under section 34 is to conduct an inquiry into any complaint referred to it.(2) On appointment under section 35, the chairperson of a Committee is to fix a time and place for conducting an inquiry by the Committee into the complaint and is to give not less than 7 days’ notice of the inquiry to:(a) the registered practitioner concerned, and(b) the complainant, if any, and(c) the Director-General, the Commission and the Board.(3) In conducting an inquiry, a Committee:(a) is, unless it otherwise directs, to sit in the absence of the public, and(b) may conduct the proceedings as it thinks fit.(4) A Committee may be assisted by a legally qualified officer appointed by the Registrar for that purpose on the request of the Committee.(5) Schedule 3 has effect with respect to any inquiry conducted by a Committee.s 36: Am 1993 No 105, Sch 3.
37 Representation before a Committee
(1) At an inquiry conducted by a Committee:(a) the registered practitioner concerned, andare entitled to attend and to be accompanied by a barrister or solicitor or another adviser, but are not entitled to be represented at the inquiry by the barrister or solicitor or other adviser.(b) the complainant, if any,(2) A Committee may grant leave for any other person (not being a barrister or solicitor or another adviser representing any person) to appear at an inquiry if the Committee is satisfied that it is appropriate for that person to appear.
38 Referral of certain matters to the Tribunal
(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.(2) The Committee must refer the complaint to the Tribunal unless it has already been referred to the Tribunal.(3) The Tribunal to which the complaint is referred may be the Tribunal as already constituted to deal with another complaint or the Tribunal as constituted in accordance with this Act to deal with the referred complaint.(4) A Committee is to inform the Board when it takes any action under this section.s 38: Am 1993 No 105, Sch 3.
39 Determinations of Committees
(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).(5) The Tribunal may, if it finds the failure to have been proved:(a) exercise any power that the Tribunal may exercise under section 49 (1) or (5) (if the person is a registered practitioner), or(b) make any order that the Tribunal may make under section 49 (2) or (5) (if the person is not registered).(6) An order made by a Committee or the Tribunal under this section takes effect on the day on which the order is made or on such later day as is specified in the order.(7) A Committee may impose a fine on a person only if it finds the person to have been guilty of professional misconduct (other than conduct in respect of which a fine or other penalty has already been imposed by a court).(8) A Committee is to inform the Registrar of the exercise of any power under this section by the Committee.(9) A power of a Committee is taken to have been exercised by the Committee if any person other than the Committee exercises the power under this section.(10) A fine imposed under this section:(a) is to be paid to the Registrar who is to pay it to the credit of the Consolidated Fund in such manner as the Treasurer may direct, and(b) may be recovered as a debt due to the Crown in a court of competent jurisdiction.s 39: Am 1992 No 34, Sch 1.
40 Complaints relating solely to physical and mental capacity
(1) If a complaint concerning physical or mental capacity, is referred under section 29 (3) to a Committee and the Committee finds the subject-matter of the complaint made against a person to have been proved, the Committee may, in addition to any other power it may exercise under section 39, refer the matter to the Chairperson, or a Deputy Chairperson nominated by the Chairperson, with a recommendation that:(a) the person be suspended from practising for such period as it specifies, or(b) the name of the person be removed from the register, or if the person has ceased to be registered, that the person not be registered until after a specified time.(2) On receipt of a recommendation under this section, the Chairperson or a Deputy Chairperson is:(a) to make an order in the terms recommended, or(b) to make such other order as to the suspension or registration of the person concerned as the Chairperson or Deputy Chairperson thinks proper or exercise any power of a Committee under section 39.(3) In any case where, by an order under this section, the Chairperson or Deputy Chairperson directs that the name of a person be removed from the register or a person has ceased to be registered:(a) the Chairperson or Deputy Chairperson may by that order fix a time after which the person may apply to be registered, and(b) where a time has been so fixed, the person is not entitled to be registered before that time despite Part 3.(4) An order made by the Chairperson or a Deputy Chairperson under this section takes effect on the day on which the order is made or on such later day as is specified in the order.
41 Decisions of a Committee
(1) A decision supported by at least 2 members of a Committee on any question arising during an inquiry is the decision of the Committee.(2) A Committee must, within 30 days of making the decision resulting from any such inquiry, make available to the complainant, the registered practitioner concerned and such other persons as it thinks fit, a written statement of the decision.(3) A written statement of a decision must:(a) set out any findings on material questions of fact, and(b) refer to any evidence or other material on which the findings were based, and(c) give the reasons for the decision.(4) A Committee is not required to include confidential information in any such statement (despite any other provision of this section), and if a statement would be false or misleading if it did not include the confidential information, the Committee is not required to provide the statement.(5) If, because of subsection (4), confidential information is not included or such a statement is not provided, a Committee must, within 30 days of the decision, give notice in writing to the person indicating that:(a) the confidential information is not included, oras appropriate, and giving the reasons why the confidential information is not included or the statement will not be provided.(b) the statement will not be provided,(6) In this section:confidential information means information that:(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and(b) relates to the personal or business affairs of a person, other than a person to whom a Committee is required (or would, but for subsection (4), be required) to provide a written statement of a decision, and(c) is information:(i) that was supplied in confidence, or(ii) the publication of which would reveal a trade secret, or(iii) that was provided in compliance with a duty imposed by an enactment, or(iv) the provision of which by a Committee would be in breach of any enactment.(7) Nothing in this section affects the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.
42 Appeals against decisions of a Committee etc
(1) A registered practitioner about whom a complaint is referred to a Committee, or the complainant, may appeal to the Tribunal against:(a) a finding of the Committee, or(b) the exercise by the Committee of any power under section 39, orwithin the prescribed time.(c) the exercise by the Chairperson or a Deputy Chairperson of any power under section 40,(2) The appeal is to be lodged with the Registrar who is to refer it to the Tribunal (which is to be constituted in accordance with this Act to deal with the appeal).(3) The appeal is to be dealt with by way of rehearing and fresh evidence, or evidence in addition to or in substitution for the evidence received at the inquiry, may be given.(4) On the appeal, the Tribunal may:(a) dismiss the appeal, or(b) make any finding or exercise any power that the Tribunal could have made or exercised if the complaint had been originally referred to the Tribunal.(5) The appeal does not affect any finding or exercise of power with respect to which it has been made until an order is made under subsection (4) (b).
43 Appeals with respect to points of law
(1) A registered practitioner about whom a complaint is referred to a Committee, or the complainant, may appeal to the Chairperson, or a Deputy Chairperson nominated by the Chairperson, with respect to a point of law.(2) The appeal may be made in accordance with the regulations during the inquiry conducted by the Committee or within the prescribed time.(3) The inquiry by the Committee is not to continue until the appeal has been disposed of (if the inquiry has not been completed).(4) The Committee, on recommencing the inquiry, is not to make any decision that is inconsistent with the Chairperson’s or Deputy Chairperson’s determination with respect to the point of law.
Division 3 Hearing of matters by the Chiropractors and Osteopaths Tribunal
44 The Chiropractors and Osteopaths Tribunal
(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 Health Care Complaints Act 1993, to prosecute a complaint before the Tribunal, or(c) an appeal or application under section 53 to the Tribunal is lodged with the Board.(4) On being informed of a complaint, matter, appeal or application under this section, the Chairperson is to nominate:(a) himself or herself, orto sit on the Tribunal for the purpose of conducting an inquiry into the complaint, matter or application or hearing the appeal.(b) a Deputy Chairperson,(5) For the purpose of conducting an inquiry or hearing an appeal, the Tribunal is to consist of:(a) the Chairperson or a Deputy Chairperson,(b) 2 registered practitioners having such qualifications as may be prescribed, appointed by the Board, and(c) 1 lay person (that is, a person who is not a registered practitioner) appointed by the Board from among a panel of lay persons for the time being nominated by the Minister.(6) A person may be appointed to sit on the Tribunal whether or not the person is a member of the Board, but not if the person has previously dealt with the particular matter before the Tribunal in his or her capacity as such a member.(7) The Tribunal, as constituted by different persons or the same persons, may conduct or hear more than one inquiry or appeal at the same time.(8) A member of the Tribunal (other than the Chairperson or a Deputy Chairperson), while sitting on the Tribunal, is entitled to be paid in accordance with the regulations.(9) The Tribunal is to have a seal of which all courts and persons acting judicially are to take judicial notice.s 44: Am 1993 No 105, Sch 3.
45 Chairperson and Deputy Chairpersons of the Tribunal
(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.(3) A Deputy Chairperson may be appointed by the Governor for the purpose only of conducting or hearing a particular inquiry or appeal described in the instrument of appointment of the Deputy Chairperson (without limiting the generality of this section).(4) A Deputy Chairperson, while sitting on the Tribunal, has and may exercise all the functions conferred or imposed on the Chairperson by this Act (other than those conferred by section 44 (4)).(5) The Chairperson or a Deputy Chairperson sitting on the Tribunal is entitled to be paid in accordance with the regulations.(6) The Governor may appoint a Deputy Chairperson to act in the office of Chairperson during the illness or absence of the Chairperson.(7) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of the Chairperson or a Deputy Chairperson.(8) (Repealed)s 45: Am 1993 No 87, Sch 5.
46 Proceedings before the Tribunal
(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.(2) On nomination under section 44, the Chairperson or a Deputy Chairperson is to fix a time and place for the conducting of the inquiry or the hearing of the appeal by the Tribunal and is to give not less than 7 days’ notice of the inquiry or appeal to the following persons:(a) the registered practitioner concerned,(b) the complainant, if any,(c) the Director-General, the Commission and the Board,(d) the chairperson of the relevant Committee, if appropriate.(3) In conducting an inquiry or hearing an appeal, the Tribunal is, unless it otherwise directs, to be open to the public and may conduct the proceedings as it thinks fit.(4) Schedule 3 has effect with respect to any inquiry conducted or appeal heard by the Tribunal.s 46: Am 1993 No 105, Sch 3.
47 Representation before the Tribunal
(1) At an inquiry conducted or appeal heard by the Tribunal:(a) the registered practitioner concerned, andare entitled to attend and to be represented by a barrister or solicitor or another adviser.(b) the complainant, if any,(2) The Tribunal may grant leave for any other person to appear (whether in person or by a barrister or solicitor or another adviser) at an inquiry or appeal if the Tribunal is satisfied that it is appropriate for that person to appear.
48 Chairperson or Deputy Chairperson not to review own decisions
The Chairperson or Deputy Chairperson must not sit on the Tribunal for the purpose of conducting any inquiry or hearing any appeal relating to a particular matter before the Tribunal if a decision has been made by the Chairperson or Deputy Chairperson in relation to the matter.
49 Determinations of the Tribunal
(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), orhas failed to comply with the order or conditions, the Board may refer the matter to the Tribunal.(c) made an order under subsection (2),(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).(5) If the Tribunal makes an order under subsection (1) (g) (ii) or the Tribunal finds the subject-matter of a complaint against a person who has ceased to be registered to be proved:(a) the Tribunal may by its order fix a time after which the person whose name is removed from the register, or a person who has ceased to be registered, may apply to be registered, and(b) where a time has been so fixed, the person is not entitled to be registered before that time despite Part 3.(6) The Tribunal may award costs.(7) An order made by the Tribunal under this section takes effect on the day on which the order is made or on such later day as is specified in the order.(8) The Tribunal may impose a fine on a person only if it finds the person to have been guilty of professional misconduct (other than conduct in respect of which a fine or other penalty has already been imposed by a court).(9) The Tribunal is to inform the Board of the exercise of any power under this section by the Tribunal.(10) A power of the Tribunal exercised by the Supreme Court under this section is taken to have been exercised by the Tribunal, except for the purposes of any appeal.(11) A fine imposed under this section:(a) is to be paid to the Registrar who is to pay it to the credit of the Consolidated Fund in such manner as the Treasurer may direct, and(b) may be recovered as a debt due to the Crown in a court of competent jurisdiction.s 49: Am 1992 No 34, Sch 1.
50 Suspension orders
(1) A person subject to a suspension order is taken not to be a registered practitioner, except in the application to the person of a provision of Part 3 or this Part.(2) On the expiry of such a period of suspension the person’s rights and privileges as a registered practitioner are revived.(3) In this section, suspension order means an order suspending a person from practising under section 39, 49, or 52 which is in force.
51 Decisions of the Tribunal
(1) The decision of the Chairperson, or a Deputy Chairperson, on any question of law or procedure arising during an inquiry or appeal at which the Chairperson or Deputy Chairperson presides is the decision of the Tribunal for the purposes of the inquiry or appeal.(2) A decision supported by at least 3 members of the Tribunal with respect to a question (other than with respect to a point of law or procedure) arising during an inquiry or appeal before the Tribunal is the decision of the Tribunal or, if 2 members support the decision and 2 members oppose the decision, the decision of the Chairperson or Deputy Chairperson presiding is the decision of the Tribunal.(3) The Tribunal must, within 30 days of making the decision resulting from any such inquiry or appeal, make available to the complainant, the registered practitioner concerned and such other persons as it thinks fit a written statement of the decision.(4) A written statement of a decision must:(a) set out any findings on material questions of fact, and(b) refer to any evidence or other material on which the findings were based, and(c) give the reasons for the decision.(5) The Tribunal is not required to include confidential information in any such statement (despite any other provision of this section) and if a statement would be false or misleading if it did not include the confidential information, the Tribunal is not required to provide the statement.(6) If, because of subsection (5), confidential information is not included or such a statement is not provided, the Tribunal must, within 30 days of the decision, give notice in writing to the person indicating that:(a) the confidential information is not included, oras appropriate, and giving the reasons why the confidential information is not included or the statement will not be provided.(b) the statement will not be provided,(7) In this section:confidential information means information that:(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and(b) relates to the personal or business affairs of a person, other than a person to whom the Tribunal is required (or would, but for subsection (5), be required) to provide a written statement of a decision, and(c) is information:(i) that was supplied in confidence, or(ii) the publication of which would reveal a trade secret, or(iii) that was provided in compliance with a duty imposed by an enactment, or(iv) the provision of which by the Tribunal would be in breach of any enactment.(8) Nothing in this section affects the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.
52 Appeals against decisions of the Tribunal
(1) A person about whom a complaint is referred to the Tribunal under section 29, 30 or 38, or the complainant, may appeal to the Supreme Court against:(a) a decision of the Tribunal with respect to a point of law, orwithin the prescribed time.(b) the exercise of any power under section 49 by the Tribunal,(2) The Supreme Court may stay any order made by the Tribunal, on such terms as the Court sees fit, until such time as the Court determines an appeal made under this section.(3) In determining an appeal under this section, the Supreme Court may:(a) dismiss the appeal, or(b) make such order as it thinks proper having regard to the merits of the case and the public welfare and, in doing so, may exercise any one or more of the powers of the Tribunal under section 49.(4) In any case where the Supreme Court dismisses an appeal against an order directing that the name of a registered practitioner be removed from the register or a person has ceased to be registered:(a) the Court may by its order fix a time after which the person whose name is removed from the register, or the person who has ceased to be registered, may apply to be registered, and(b) where a time has been so fixed, the person is not entitled to be registered before that time despite Part 3.(5) An appeal under this section with respect to a point of law may be made during an inquiry conducted by the Tribunal or within the prescribed time.(6) The inquiry before the Tribunal is not to continue until the appeal with respect to the point of law has been disposed of (if the inquiry has not been completed).(7) The Tribunal, on recommencing the inquiry, is not to make any decision that is inconsistent with the Supreme Court’s determination with respect to the point of law.
53 Review of suspension or deregistration by the Tribunal
(1) A person:(a) who is suspended from practising under section 39 (5) or 49, ormay apply to the Tribunal for a review of the suspension or removal.(b) whose name has been removed from the register under section 39 (5), 49 or 52,(2) An application under this section is to be lodged with the Registrar who is to refer it to the Tribunal (which is to be constituted in accordance with this Act to deal with the application).(3) An application under this section:(a) may not be made by a person while the person is subject to an order fixing a time after which the person may apply to be registered, and(b) may not be made if an appeal to the Supreme Court in respect of the same matter under section 52 has not been disposed of.(4) On an application being made under this section, the Tribunal may, after such inquiry as it thinks fit:(a) dismiss the application, or(b) by its order, terminate any suspension, or(c) order:(i) that a person whose name has been removed from the register be registered under the provision of this Act under which the person was registered immediately before the person ceased to be registered or under any equivalent provision of this Act, and(ii) that such conditions, if any, as the Tribunal may impose on the person’s registration and as are specified in the order be imposed on the person’s registration.(5) The Tribunal may award costs.(6) A person registered pursuant to an order referred to in subsection (4) (c) (i) is taken to be registered pursuant to a determination made by the Board under Part 3.(7) A condition imposed pursuant to an order referred to in subsection (4) (c) (ii) is taken to be a condition that has been imposed by the Board under section 16.
54 Inquiries etc where other proceedings
A complaint may be referred to a Committee or the Tribunal, and dealt with by the Committee or Tribunal, even though the registered practitioner about whom the complaint is made is the subject of proposed or current criminal or civil proceedings relating to the subject-matter of the complaint.
Part 6 Miscellaneous
55 Written statement of decisions
(1) If the Board, the President or a member authorised by the Board makes a decision in relation to a person under any provision of this Act, other than Part 5, the person may request in writing that the Board, President or member provide the person with a written statement of the decision.(2) Any such request is to be made no later than 60 days after the decision to which it relates.(3) The Board, the President or the member is to provide a written statement of the decision within 30 days of receiving such a request.(4) A written statement of a decision must:(a) set out any findings on material questions of fact, and(b) refer to any evidence or other material on which the findings are based, and(c) give the reasons for the decision.(5) Despite any other provision of this section, the Board, the President or the member is not required to include confidential information in any such statement, and if a statement would be false or misleading if it did not include the confidential information, the Board, the President or the member is not required to provide the statement.(6) If, because of subsection (5), confidential information is not included in a written statement of a decision or such a statement is not provided to a person, the Board, the President or the member must within 30 days of receipt of a request under subsection (1), give notice in writing to the person, indicating that:(a) the confidential information is not included, oras appropriate, and giving the reasons why the confidential information is not included or the statement will not be provided.(b) the statement will not be provided,(7) In this section:confidential information means information that:(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and(b) relates to the personal or business affairs of a person, other than a person to whom the Board, the President or the member is required (or would, but for subsection (5), be required) to provide a written statement of a decision, and(c) is information:(i) that was supplied in confidence, or(ii) the publication of which would reveal a trade secret, or(iii) that was provided in compliance with a duty imposed by an enactment, or(iv) the provision of which by the Board, the President or the member would be in breach of any enactment.(8) Nothing in this section affects the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.
56 False entries in register, misrepresentation etc
A person who:(a) wilfully makes or causes to be made any false entry in or falsification of the register, or(b) wilfully procures or attempts to procure himself or herself or any other person to be registered under this Act by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either verbally or in writing, or(c) aids or assists a person to commit an act referred to in paragraph (a) or (b), oris guilty of an offence and is liable on conviction to be imprisoned for a period not exceeding 12 months.(d) utters or attempts to utter, or asserts as true, before the Board any false, forged or counterfeit certificate, diploma, licence, letter, testimonial or other document or writing,
57 Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given to the contrary) of:(a) the constitution of the Board, or(b) any resolution of the Board, or(c) the appointment of, or the holding of office by, any member of the Board, or(d) the presence of a quorum at any meeting of the Board.
58 Evidentiary certificates and evidence of entry in register
(1) A document purporting to be a certificate signed by the Registrar to the effect that:(a) a person specified in the certificate was or was not a registered practitioner at a time or during a period so specified, or(b) the name of a person specified in the certificate was removed from the register at a time so specified, or(c) a person specified in the certificate was suspended from practising from a time so specified and for a period so specified, oris admissible in any proceedings and is evidence of the fact or facts stated in it.(d) a condition, particulars of which are set out in the certificate, was, at a time or during a period so specified:(i) imposed on the registration of a person so specified, or(ii) revoked or not in force,(2) An entry in the register is admissible in any proceedings and is evidence of the fact or facts stated in it.(3) A document purporting to be a copy of an entry in the register, purportedly signed by the Registrar, is admissible in any proceedings and is evidence of the fact or facts stated in it.
59 Fees etc
The Registrar is required to transmit to the Corporation for payment into an account established under section 13A of the Health Administration Act 1982 all money received by the Board (whether for fees or otherwise), not being fines or penalties or money which is required to be dealt with in some other manner.
60 Chiropractic and Osteopathy Education and Research Account
(1) The Board is to establish a Chiropractic and Osteopathy Education and Research Account.(2) Such amounts as are determined by the Minister from time to time are to be paid by the Board from fees payable under this Act or the regulations into the Account.(3) Money in the Account may be expended by the Board for or towards any one or more of the following:(a) chiropractic or osteopathy education,(b) education or research for any public purpose connected with the practice of chiropractic or osteopathy,(c) the publication and distribution of information concerning this Act and the regulations,or any related purpose.(d) meeting administrative expenditure incurred with respect to the Account and the purposes for which it is used,(4) An expenditure of money under this section is not to be made unless it is authorised by a resolution supported by at least 6 members.
61 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before a Local Court constituted by a Magistrate sitting alone.
62 Appointment and powers of inspectors
(1) The Director-General may appoint members of staff of the Board as inspectors for the purposes of this Act.(2) The Director-General is to provide an inspector with a certificate of authority and, on applying for admission to any premises which the inspector is empowered by this section to enter, the inspector must, if requested to do so, produce the certificate to the person apparently in charge of the premises.(3) For the purpose of ascertaining:(a) whether any provision of this Act or of the regulations has been or is being contravened by any registered practitioner, oran inspector may enter any premises in which the registered practitioner is carrying on the practice and may make such inquiries as the inspector thinks fit.(b) whether a registered practitioner is so conducting himself or herself as to be guilty of professional misconduct,(4) An inspector is not entitled to enter a part of premises used for residential purposes, except:(a) with the consent of the occupier, or(b) under the authority of a search warrant.(5) A person must not wilfully delay or obstruct an inspector in the exercise of the inspector’s powers under this section.Maximum penalty: 5 penalty units.
63 Search warrants
(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.(1A) A person appointed under section 62 as an inspector must not apply for a search warrant unless the person has caused the President to be notified of the application.(2) An authorised justice to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant:(a) to enter the premises, and(b) to exercise any function of an inspector under this Act.(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.(4) In this section:means a Magistrate or a justice of the peace employed in the Attorney General’s Department.s 63: Am 1993 No 105, Sch 3.
64 Liability of members etc
No matter or thing done by:(a) the Board or a member of the Board, or(b) the Registrar or any other officer of the Board, or(c) a Professional Standards Committee or a member of such a Committee, orsubjects the member, or the Registrar, or the person so acting, personally to any action, liability, claim or demand, if the matter or thing was done in good faith for the purposes of executing this or any other Act, or the exercise, or intended exercise, of any of his or her functions.(d) the Tribunal or a member of the Tribunal,s 64: Am 1992 No 34, Sch 1.
65 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the regulations may make provision for or with respect to:(a) the proceedings of the Board, and(b) any kinds of certificates of registration under this Act, and(c) the manner in which any notice under this Act may be served, and(d) the procedure to be followed at and any matters incidental to the holding of an inquiry or appeal by a Committee or the Tribunal and prescribing matters relating to the custody and use of the seal of the Tribunal, and(e) the courses of study and training for persons desiring to be registered under this Act, and(f) the conduct and the standard of examinations and the remuneration of examiners, and(g) the forms to be used for the purposes of this Act and the regulations, and(h) the fees to be paid under this Act, and(i) the manner in which and the extent to which a chiropractor or osteopath is authorised to advertise, and(j) the conduct of chiropractic or osteopathy in a patient’s home, and(k) standards relating to premises in which chiropractic or osteopathy is practised.(3) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.
66 (Repealed)
s 66: Rep 1999 No 85, Sch 4.
67 Repeal of Chiropractic Act 1978 No 132
The Chiropractic Act 1978 is repealed.
68 Repeal of Chiropractic Regulation 1979
The Chiropractic Regulation 1979 is repealed.
69 Savings and transitional provisions
Schedule 4 has effect.
Schedule 1 Provisions relating to the members of the Board
(Section 26 (1))
1 President and Deputy President of the Board
(1) Of the members of the Board, one who is a registered chiropractor is (in and by the relevant instrument of appointment as such a member, or by another instrument executed by the Minister) to be appointed as President of the Board and one (who need not be a registered chiropractor) is to be so appointed as Deputy President of the Board.(2) The Minister may remove a member from the office of President or Deputy President.(3) A person who is the President or Deputy President vacates office as President or Deputy President if the person:(a) is removed from that office by the Minister, or(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a member.
2 Acting members and acting President
(1) The Governor may, from time to time, appoint a person to act in the office of a member during the illness or absence of the member, and the person, while so acting, has all the functions of the member and is taken to be a member.(2) The Deputy President of the Board may act in the office of President during the illness or absence of the President, and while so acting has all the functions of the President and is taken to be the President.(3) The Minister may, from time to time, appoint a member to act in the office of President during the illness or absence of both the President and Deputy President, and the member, while so acting, has all the functions of the President and is taken to be the President.(4) The Governor may remove any person from any office to which the person was appointed under this clause by the Governor and the Minister may remove any person from any office to which the person was appointed under this clause by the Minister.(5) A person while acting in the office of a member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.(6) For the purposes of this clause, a vacancy in the office of a member, the President or the Deputy President is taken to be an absence from office of the member, President or Deputy President.
3 Terms of office
Subject to this Schedule, a member holds office for such period (not exceeding 3 years) as may be specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
4 Remuneration
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
5 Vacancy in office of member
(1) The office of a member becomes vacant if the member:(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Governor under this clause or under Part 8 of the Public Sector Management Act 1988, or(e) is absent from 4 consecutive meetings of the Board of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for being absent from those meetings, or(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(g) becomes a mentally incapacitated person, or(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.(2) The Governor may remove a member from office at any time.(3) Without affecting the generality of subclause (2), the Governor may remove from office a member who contravenes the provisions of clause 7.
6 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
7 Disclosure of pecuniary interests
(1) If:(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, andthe member must as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,(2) A disclosure by a member at a meeting of the Board that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, oris a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this clause.(c) has some other specified interest relating to a specified company or other body or to a specified person,(3) Particulars of any disclosure made under this clause are to be recorded by the Board in a book kept for the purpose and that book is to be open at all reasonable hours to inspection by any person on payment of the fee determined by the Board.(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines:(a) be present during any deliberation of the Board with respect to the matter, or(b) take part in any decision of the Board with respect to the matter.(5) For the purposes of the making of a determination by the Board under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Board for the purpose of making the determination, or(b) take part in the making by the Board of the determination.(6) A contravention of this clause does not invalidate any decision of the Board.(7) This clause does not apply to or in respect of an interest of a member in a matter which arises merely because the member is a chiropractor, osteopath or medical practitioner.(8) A reference in this clause to a meeting of the Board includes a reference to a meeting of a committee of the Board.
8 Effect of certain other Acts
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member.(2) If by or under any other Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, orthat provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.(b) prohibiting the person from engaging in employment outside the duties of that office,(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.
sch 1: Am 1999 No 94, sec 7 (2) and Sch 5, Part 2.
Schedule 2 Provisions relating to the procedure of the Board
(Section 26 (2))
1 General procedure
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings, subject to this Act and the regulations, is to be as determined by the Board.
2 Quorum
The quorum for a meeting of the Board is 5 members.
3 Presiding member
(1) The President or, in the absence of the President, the Deputy President of the Board or in the absence of both of them, another member of the Board elected to chair the meeting by the members present, is to preside at a meeting of the Board.(2) The person presiding at any meeting of the Board has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
4 Voting
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
5 Minutes
The Board must cause full and accurate minutes to be kept of the proceedings of each meeting of the Board.
Schedule 3 Proceedings before a Committee and the Tribunal
(Sections 36, 46)
1 Proceedings generally
In proceedings before it, a Committee or the Tribunal is not bound to observe the rules of law governing the admission of evidence, but may inform itself of any matter in such manner as it thinks fit.
2 Power to summon witness and take evidence
(1) A member of a Committee or the Tribunal may summon a person to appear in proceedings before the Committee or the Tribunal, to give evidence and to produce such documents (if any) as are referred to in the summons.(2) The person presiding at the proceedings may require a person appearing in the proceedings to produce a document.(3) A Committee or the Tribunal may, in proceedings before it, take evidence on oath or affirmation and, for that purpose a member of the Committee or the Tribunal:(a) may require a person appearing in the proceedings to give evidence either to take an oath or to make an affirmation in a form approved by the person presiding, and(b) may administer an oath to or take an affirmation from a person so appearing in the proceedings.(4) A person served with a summons to appear in any such proceedings and to give evidence must not, without reasonable excuse:(a) fail to attend as required by the summons, or(b) fail to attend from day to day unless excused, or released from further attendance, by a member of a Committee or the Tribunal.(5) A person appearing in proceedings to give evidence must not, without reasonable excuse:(a) when required to be sworn or affirm—fail to comply with the requirement, or(b) fail to answer a question that the person is required to answer by the person presiding, or(c) fail to produce a document that the person is required to produce by this clause.Maximum penalty: 20 penalty units.
3 Power to obtain documents
(1) A member of a Committee or the Tribunal may, by notice in writing served on a person, require the person:(a) to attend, at a time and place specified in the notice, before a person specified in the notice, being a member of the Committee or the Tribunal or a person authorised by the Committee or the Tribunal in that behalf, and(b) to produce, at that time and place, to the person so specified a document specified in the notice.(2) A person who fails, without reasonable excuse, to comply with a notice served on the person under this clause is guilty of an offence.Maximum penalty: 20 penalty units.
4 Evidence of other proceedings
A Committee or the Tribunal may receive and admit on production, as evidence in any proceedings:(a) the judgment and findings of any court (whether civil or criminal and whether or not of New South Wales) or tribunal, or(b) the verdict or findings of a jury of any such court, or(c) a certificate of the conviction of any person, orwhere the Committee or the Tribunal is of the opinion that the judgment, findings, verdict, certificate or evidence is relevant to the proceedings.(d) a transcript of the depositions or of shorthand notes, duly certified by the Registrar or clerk of the court or tribunal as correct, of the evidence of witnesses taken in any such court or tribunal,
5 Additional complaints
(1) A Committee or the Tribunal may in proceedings before it deal with one or more complaints about a registered practitioner.(2) If, during any such proceedings, it appears to a Committee or the Tribunal that, having regard to any matters that have arisen, another complaint could have been made against the registered practitioner concerned:(a) whether instead of or in addition to the complaint which was made, andthe Committee or the Tribunal may take that other complaint to have been referred to it and may deal with it in the same proceedings.(b) whether or not by the same complainant,(3) If another complaint is taken to have been referred to a Committee or the Tribunal under subclause (2), the complaint may be dealt with after such an adjournment (if any) as is, in the opinion of the Committee or the Tribunal, just and equitable in the circumstances.
6 Release of information
(1) The person presiding in proceedings before a Committee or the Tribunal may, on the request of a complainant, the registered practitioner concerned or any other person, if the person presiding thinks it appropriate in the particular circumstances of the case:(a) direct that the name of any witness is not to be disclosed in the proceedings, or(b) direct that all or any of the following matters:(i) the name and address of any witness,(ii) the name and address of a complainant,(iii) the name and address of a registered practitioner,(iv) any specified evidence,are not to be published, except in a publication intended primarily for the use of members of the legal, chiropractic or osteopathic profession.(v) the subject-matter of a complaint,(2) A direction may be amended or revoked at any time by the person presiding.(3) A direction may be given before or during proceedings, but is not to be given before the proceedings unless notice is given to:(a) the person who requested the direction, and(b) the complainant or the registered practitioner concerned, as appropriate, andof the time and place appointed by the person presiding for consideration of the request.(c) such other persons as the person presiding thinks fit,(4) A person who contravenes a direction given under this clause is guilty of an offence.Maximum penalty: 20 penalty units.
7 Authentication of documents by a Committee or the Tribunal
Every document requiring authentication by a Committee or the Tribunal may be sufficiently authenticated:(a) in the case of a Committee, if signed by the chairperson of that Committee or by a member of that Committee authorised to do so by that chairperson, or(b) in the case of the Tribunal, without the seal of the Tribunal, if signed by the Chairperson of the Tribunal or by a member of the Tribunal authorised to do so by the Chairperson.
8 Nominal complainant
In any proceedings before a Committee or the Tribunal, a person appointed by the Commission:(a) may, with the consent of a complainant, act as the nominal complainant, and(b) when so acting, is, for the purposes of this Act and the regulations, taken to be the person who made the complaint.
9 Intervention by Director-General and Commission
(1) Without limiting the operation of clause 8, the Director-General personally (or an officer of the Department of Health appointed by the Director-General) or a person appointed by the Commission may intervene, and has a right to be heard, in any proceedings before a Committee or the Tribunal.(2) In the case of proceedings before the Tribunal, the Director-General and the Commission may be represented by a barrister or solicitor.
10 Expedition of inquiries and appeals
(1) It is the duty of a Committee and the Tribunal to hear inquiries and appeals under this Act and to determine those inquiries and appeals as soon as is reasonably practicable.(2) Without affecting the generality of subclause (1), a Committee or the Tribunal may postpone or adjourn proceedings before it as it thinks fit.
11 Certain complaints may not be heard
(1) A Committee or the Tribunal may decide not to conduct an inquiry, or at any time to terminate an inquiry or appeal, if:(a) a complainant fails to comply with a requirement made of the complainant by the Committee or the Tribunal, or(b) the person about whom the complaint is made ceases to be a registered practitioner.(2) A Committee or the Tribunal is not to conduct or continue any inquiry or any appeal if the registered practitioner concerned dies.
sch 3: Am 1993 No 105, Sch 3; 2001 No 112, Sch 3.3.
Schedule 4 Savings and transitional provisions
(Section 69)
Part 1 Preliminary
1 Definitions
In this Schedule:new Board means the Chiropractors and Osteopaths Registration Board constituted by section 21.old Board means the Chiropractors Registration Board under the 1978 Act.the 1978 Act means the Chiropractic Act 1978.
2 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later day.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of the publication.
Part 2 Provisions consequent on enactment of this Act
3 Members of old Board
(1) A person who, immediately before the repeal of the 1978 Act, held office as a member of the old Board:(a) ceases to hold office as such on that repeal, and(b) is eligible (if otherwise qualified) to be appointed as a member of the new Board.(2) A person who ceases to hold office as a member of the old Board because of the operation of this Act is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
4 Continuity of Board
Anything done by or in relation to the old Board is taken to have been done by or in relation to the new Board.
5 Appointments etc before commencement
For the purpose only of enabling the new Board to be constituted in accordance with this Act on or after (but not before) the commencement of section 21, appointments may be made under this Act, and anything else may be done, before that commencement, as if the whole of this Act commenced on the date of assent, but so that no appointment as a member of the new Board as so constituted takes effect before that commencement.
6 First meeting of new Board
The Minister is to call the first meeting of the new Board in such manner as the Minister thinks fit.
7 The secretary and other officers
A person holding office as the secretary or other officer under the 1978 Act immediately before the repeal of that Act is, on the commencement of section 24 of this Act, taken to have been appointed as the Registrar or other officer, as the case requires, under this Act and to have been appointed subject to the same terms and conditions as applied to the appointment immediately before that repeal.
8 The register
The register referred to in section 14 of the 1978 Act is taken to be the register referred to in section 17 of this Act.
9 Registration as chiropractor
A person who, immediately before the repeal of the 1978 Act, was registered as a chiropractor under that Act is, on the commencement of section 6 of this Act, taken to be a registered chiropractor under this Act.
10 Registration as osteopath
A person who, immediately before the repeal of the 1978 Act, was registered as an osteopath under that Act is, on the commencement of section 7 of this Act, taken to be a registered osteopath under this Act.
11 Registration as chiropractor and osteopath
A person who, immediately before the repeal of the 1978 Act, was registered as a chiropractor and osteopath under that Act is, on the commencement of section 8 of this Act, taken to be a registered chiropractor and osteopath under this Act.
12 Fees
A fee paid or which remains unpaid under a provision of the 1978 Act immediately before its repeal is taken, on commencement of the relevant provisions of this Act, to have been paid or to remain unpaid under the provision of this Act which corresponds to that provision and is taken to have been so paid or to so remain unpaid for or in relation to the same period as that which applied to the fee under the 1978 Act.
13 Applications for registration
An application for registration under the 1978 Act which had not been determined by the old Board before the repeal of that Act is taken to be an application for registration under this Act.
14 Appeals to the District Court
(1) An appeal to the District Court under section 24 of the 1978 Act pending immediately before the repeal of that Act is to be continued and disposed of as if, except as provided by subclause (2), this Act had not been enacted.(2) The decision of the District Court on any such appeal is to be final, is to be binding upon the new Board and the appellant and for the purposes of this Act is taken to be the final decision of the new Board.
15 Complaints
An inquiry under section 20 of the 1978 Act which had not been completed before the repeal of that Act is, on the commencement of Part 5 of this Act, taken to be a complaint made to the Board under section 28 of this Act and is to be dealt with accordingly.
16 Construction of certain references
A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind:(a) to the old Board is, on the commencement of section 21 of this Act, to be read as a reference to the new Board, and(b) to the secretary under the 1978 Act is, on the commencement of section 24 of this Act, to be read as a reference to the Registrar under this Act, and(c) to an inspector under the 1978 Act is, on the commencement of section 62 of this Act, to be read as a reference to an inspector under this Act, and(d) to the register referred to in section 14 of the 1978 Act is, on the commencement of section 17 of this Act, to be read as a reference to the register referred to in section 17 of this Act, and(e) to the registration of a person as a chiropractor under the 1978 Act is, on the commencement of section 6 of this Act, to be read as a reference to the registration of the person as a chiropractor under this Act, and(f) to the registration of a person as an osteopath under the 1978 Act is, on the commencement of section 7 of this Act, to be read as a reference to the registration of the person as an osteopath under this Act, and(g) to the registration of a person as a chiropractor and osteopath under the 1978 Act is, on the commencement of section 8 of this Act, to be read as a reference to the registration of the person as a chiropractor and osteopath under this Act.