QueenslandPHYSIOTHERAPISTSACT1964Reprinted as in force on 1 February
2002(includes amendments up to Act No. 13 of
2001)This is the reprint current on the repeal
dateReprint No. 1DThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 1 February 2002.The reprint shows
the law as amendedby all amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s13s6Physiotherapists Act 1964PHYSIOTHERAPISTSACT1964[as amended by all amendments that
commenced on or before 1 February 2002]An Act to
consolidate and amend the law relating to the practice ofphysiotherapy†PART1—PRELIMINARY˙Short
title1.This Act may be cited as thePhysiotherapists Act 1964.†PART2—ADMINISTRATION˙Constitution of board6.(1)There is to be a board, to be called the
Physiotherapists Board ofQueensland which shall have and may
exercise and discharge the powers,authorities,
duties and functions conferred and imposed upon the board byor
under this Act.(2)The board shall be a body corporate
with perpetual succession and acommon seal and
shall, for the purposes of and subject to the provisions ofthis
Act, be capable of purchasing, holding, granting, demising,
disposingof or otherwise dealing with real and
personal property and of doing andsuffering all
such other acts and things that a body corporate may by law
door suffer.(3)The
form of the common seal and all other matters relating
theretoshall, subject as herein provided be as
prescribed.
s
74s 7APhysiotherapists
Act 1964(4)All courts, judges, justices, and all
persons acting judicially shall takejudicial notice
of the common seal of the board affixed to any instrument orother
document and shall presume that it was duly affixed.˙Members of the board7.(1)The board shall
consist of 9 members, each of whom shall, subjectto
nomination as prescribed, be appointed by the Governor in
Council.(1A)Of the members
so appointed—(a)4 shall be nominated by the Minister;
and(b)3shallbephysiotherapistsnominatedbyanassociationorassociationsrecognisedbytheMinisterasrepresentativeofphysiotherapists; and(c)1
person representing users of the services of
physiotherapists;and(d)a lawyer.(1B)At least 2 of
the members nominated by the Minister pursuant tosubsection (1A)(a) shall be
physiotherapists.(2)A member of the board may hold the
appointment in conjunctionwith any position in the public
service.˙Tenure of office7A.(1)Subject to this Act the members of the board
shall hold office for3yearsandshallbeeligibleforreappointmentiftheyareeligibleforappointment to the board.(2)The
office of a member of the board shall become vacant if suchmember—(a)dies; or(b)becomes bankrupt or compounds with his or
her creditors, orotherwise takes advantage of the laws in
force for the time beingrelating to bankruptcy; or(c)is absent without leave granted by the
board from 3 consecutiveordinary meetings of the board of
which due notice has been
s
7B5Physiotherapists Act 1964s8given to the member.(d)resigns office by signed notice
delivered to the Minister (whichresignation
shall be complete and shall take effect from the timewhen
it is received by the Minister); or(e)is
convicted of an indictable offence or of an offence against
thisAct; or(f)isremovedfromofficebytheGovernorinCouncilbynotification published in the gazette on the
grounds of mental orphysical incapacity to perform duties
or because of any conductwhich,intheopinionoftheGovernorinCouncil,showsthemember to be unfit to be a member of
the board.(3)The attendance of a member at the time
and place appointed for anordinary meeting shall be deemed to
constitute presence at an ordinarymeetingnotwithstandingthatbyreasonthatnoquorumispresentnomeeting is actually held on that day, and the
registrar shall enter in theminute book the
names of all members who so attend.˙Extraordinary vacancies7B.When
a vacancy arises in the office of a member of the board bydeath, resignation or otherwise howsoever,
the Governor in Council mayappoint, a person
having a like qualification or being representative of thelike
interest as his or her predecessor, as a member to hold office for
thebalance of his or her predecessor’s term of
office.˙Nomination of members of board7C.Any nomination under this section of a
member of the board shallbe made within the time and in the
manner as prescribed, and in default ofany person or
body entitled to make any such nomination doing so withinsuch
time and in such manner, the Governor in Council may appoint
anyperson to the board as if that person had
been duly nominated by the personor body entitled
to make the nomination.˙Chairperson8.(1)The Governor in
Council shall appoint members of the board to be
s
96s 11Physiotherapists
Act 1964respectively the chairperson of the board and
the deputy chairperson of theboard.(2)Thechairpersonorinthechairperson’sabsencethedeputychairperson when
present shall preside at all meetings of the board.(2A)However, in the
absence of both the chairperson and the deputychairperson from
any meeting, another member, chosen for the purpose bythe
majority of the members present and voting, shall preside.(3)The person presiding at any meeting of
the board shall have a voteand when there is
an equal division of votes upon any question shall have asecond or casting vote.˙Meetings of board9.(1)Theboardshallmeetasoftenasisnecessaryforthedueadministration of
this Act, and at such times and places as it thinks fit, andshall
conduct its business in such manner as may be prescribed, or in so
faras is not prescribed, as it may from time to
time determine.(2)Five members of the board shall form a
quorum at any meeting ofthe board, and any duly convened
meeting at which a quorum is presentshall be
competent to transact any business of the board and shall have
andmay exercise all of the powers, authorities
and functions, and may performall of the duties
of the board.(3)The decision of a majority of the
members present at any meeting ofthe board at
which there is a quorum shall be the decision of the board.˙Committees10.(1)The
board may appoint such advisory committees as it thinks fitto
advise it on such matters within the scope of its functions as are
referredto those committees by the board.(2)A person may be appointed to be a
member of any such committeewhether or not
the person is a member of the board.˙Entitlements of members of board or
committees11.Membersoftheboardandmembersofacommitteeformed
s
127s 14Physiotherapists
Act 1964pursuant to section 10 shall be entitled to
such fees and allowances as areapproved by the
Governor in Council.˙Where offices of
government departments appointed12.Where by or under any Act or regulation
provision is made requiringthe holder of an
office specified therein to devote the whole of his or hertime
to the duties of the office, or prohibiting the holder from
engaging inemploymentoutsidethedutiesoftheoffice,suchprovisionshallnotoperate to disqualify the holder from
holding that office and also the officeof chairperson,
acting chairperson or a member of the board under this Act,oramemberofanycommitteeappointedundersection8,orfromacceptingandretaininganyremunerationorallowancespayabletoamember of the
board under section 11.˙Funds of the
board13.(1)All moneys
received by the board, or the registrar, including feesand
penalties shall be paid into the funds of the board.(2)The remuneration of the registrar and
other officers appointed underthis Act, and all
other expenses of and incidental to the administration ofthis
Act shall be paid by the board out of its funds.˙Board is statutory body13A.(1)Under theStatutory Bodies Financial Arrangements Act
1982,the board is a statutory body.(2)TheStatutory Bodies
Financial Arrangements Act 1982, part 2B
setsout the way in which the board’s powers under
this Act are affected by theStatutory Bodies
Financial Arrangements Act 1982.˙Registrar and other officers employed
under Public Service Act14.The registrar
and officers of the board are to be employed under thePublic Service Act 1996.
s
158s 16Physiotherapists
Act 1964†PART3—REGISTRATIONOFPHYSIOTHERAPISTS˙The
register15.(1)The board shall
cause the registrar to keep in such form as itthinks fit a
register (the“register of physiotherapists”) of
the names andother prescribed particulars of persons who
are entitled to be and whoremain registered under this Act as
physiotherapists.(2)The register shall at all reasonable
times be open to inspection at theoffice of the
registrar by any person on payment of the prescribed fee.(3)The registrar shall cause to be
published—(a)by 30 June in each year the ‘list of
physiotherapists, Queensland’certified by the
registrar as correct to 1 May in that year;(b)fromtimetotime,astheregistrarthinksdesirable,asupplementary list indicating all
alterations, additions, revisionsand removals
made in the register during the period indicated insuch
supplementary list and certified by the registrar to a dateindicated in that list.˙Registration of physiotherapists16.(1)Subject to this
Act, a person who makes application to the boardin
that behalf in the approved form and pays the prescribed fees shall
beentitled to be registered under this Act as a
physiotherapist if the personproves to the
board that—(a)the person is the holder of a degree
or diploma in physiotherapygranted after
due examination by any university in Queensland; or(b)the person is the holder of 1 of the
prescribed qualifications; or(c)the
following subparagraphs apply to the person—(i)the
person is the holder of 1 of the prescribed qualifications;(ii)the person has
undertaken a period of supervised practice ofphysiotherapy in
a hospital in the Commonwealth approvedby the board
being the period set out in the regulations madefor
the purposes of subparagraph (i) under the name of thecountry in which the qualification was
obtained;
s
169s 16Physiotherapists
Act 1964(iii)the person
produces to the board a certificate or certificatesasprescribedthatthesupervisedpracticereferredtoinsubparagraph(ii)wasperformedandcompletedtothesatisfactionofthecompetentauthorityorauthoritiescontrolling the
hospital or hospitals concerned; or(d)the
following subparagraphs apply to the person—(i)the
person is the holder of a degree, diploma or certificate inphysiotherapy conferred by a university,
college or otherbody in a country outside the Commonwealth
and whichuniversity, college or other body is duly
recognised in thecountry in which it is situated as competent
to confer thesame, which degree, diploma or certificate
is recognised bytheboardasqualifyingtheapplicanttopractisephysiotherapy in
that country;(ii)thepersonisentitledundersubsection(2)tobesoregistered;and further
satisfies the board that—(e)the person is of
good fame and character; and(f)the
person has a sound understanding of the English languageand
possesses sufficient knowledge of and sufficient skill in
theexpression of that language, both written
and oral; and(g)the person is medically fit to
practise physiotherapy.(1A)Theboardmay,whereitthinksfit,appointacommitteeofassessorscomposedofmedicalpractitioners(whetherornottheyaremembers of the board) and may require
an applicant for registration toappear before the
committee of assessors who shall determine the medicalfitness to practise physiotherapy of an
applicant and the board shall beboundbyacertificateissuedbythecommitteeofassessorsastothemedical fitness
to practise physiotherapy of the applicant.(2)Apersonwhoseapplicationforregistrationdependspartlyonaqualification referred to in subsection
(1)(d) shall not be entitled to be soregistered
unless—(a)the person has prior to making such
application undertaken andpassedapreliminaryexamination,conductedintheEnglishlanguage, as may be approved by the board;
and
s
1610s 16Physiotherapists
Act 1964(b)thepersonhasundertakenandpassedawrittenexaminationrelevant to the
conditions governing the practice of physiotherapyin
Australia and recognised by the board; and(c)if
the board requires it—the person has undertaken and passed apractical and oral examination, conducted by
examiners approvedby the board, at a standard equal to that
required by any universityinQueenslandforthegrantbyitofadegreeordiplomainphysiotherapy; and(d)—(i)that qualification is a degree,
diploma or certificate approvedby the board as
equal to or higher than the degree or diplomain physiotherapy
conferred after due examination by anyuniversity in
Queensland; or(ii)where that
qualification is a degree, diploma or certificatewhichisnotapprovedbytheboard,undersubparagraph (i)—the person has proved to
the satisfactionof the board that—(A)subsequenttoobtainingthatdegree,diplomaorcertificatethepersonhasobtainedpostgraduateexperienceinphysiotherapyandinrespectthereofholdsaqualificationorhashadsuchexperienceaswould in the opinion of the board qualify
the person forregistration; and(B)thepersonhastheknowledge,skillandabilitytopractise physiotherapy efficiently in
Queensland.(3)A person shall be deemed to have
complied with subsection (2)(a)and (b) if the
board, in its discretion, by its certificate exempts the
persontherefrom by reason that the person has
proved to the satisfaction of theboard
that—(a)subsequent to obtaining the degree,
diploma or certificate uponwhichthepersonsodepends,thepersonhasobtainedpostgraduate
experience in physiotherapy and in respect thereofholds a qualification or has had such
experience as would in theopinion of the board qualify the
person for registration; and(b)thepersonhastheknowledge,skillandabilitytopractise
s
1611s 16Physiotherapists
Act 1964physiotherapy efficiently in
Queensland.(4)Forthepurposesofsubsection(2)(b),theboardmayappointexaminerswhomayincludeinanycertificatebythemtotheboardaconditionthatsuchcertificateisgivensubjecttotheexamineebeingrequired to
undertake a period of supervised practice in physiotherapy.(5)Theboardmayrequireapersontowhomtheprovisionsofsubsection(2)applytocompleteaperiodofsupervisedpracticeinphysiotherapy, as determined by the
board.(6)For the purposes of subsection (1)(b)
and (c)(i)—“prescribed qualifications”meansthosequalificationssetoutinregulations made
for the purposes of that paragraph or subparagraph.(6A)The regulations
may specify—(a)the university, college or other body
granting the qualification;and(b)the place where the university,
college or other body is situated;and(c)the qualification recognised;
and(d)the special conditions (if any) which
relate to the qualification.(7)Ifacertificateofsupervisedpracticereferredtoinsubsection (1)(c)(iii) is not provided
by the competent authority referred toin that paragraph
and the applicant concerned shows to the board that, primafacie, the applicant is justly entitled to
the certificate, the board may, bynotice in writing
to the competent authority, call upon it to show cause to
theboardataplace,dateandtimespecifiedbyitinsuchnoticewhythecertificate
should not be provided.(8)If such cause is
not shown to the board’s satisfaction as requested bythe
board, the board may direct the competent authority to provide
theapplicant with the certificate within the
time specified by the board.(9)If
the certificate is not duly provided by the competent authority
theboard may proceed with the applicant’s
application for registration as ifsuch certificate
had been provided.(10)The board shall
report to the Minister upon any case arising undersubsection (7).
s
16A12Physiotherapists Act 1964s
17˙Conditional registration16A.(1)When a person
has applied to the board for registration underthe provisions of
section 16(1)(c) and the person desires to undertake theperiod of supervised practice in
physiotherapy specified thereunder in ahospital in the
State, the board may grant the person a certificate in theapproved form of conditional
registration.(2)When a person has applied to the board
for registration under theprovisions of section 16(1)(d) and the
board has required the person toundertake a
period of supervised practice pursuant to section 16(5), theboard
may grant the person a certificate in the approved form of
conditionalregistration.(3)The
practice of physiotherapy by a person who has been granted acertificate of conditional registration under
this section shall be limited tosupervisedpracticebut,subjecttothissubsectionandtheconditionscontained in the
certificate, the person shall be deemed to be registered as
aphysiotherapist for as long as the
certificate remains valid.(4)If the person
shall fail to carry out any of such conditions to thesatisfaction of the board, the board may
direct the registrar to cancel thecertificateandthatpersonshallthereuponceasetobedeemedtoberegistered as a physiotherapist under
this Act and the cancellation shall bedeemed to be a
refusal by the board of that person’s application to beregistered as a physiotherapist.˙Provisional registration17.(1)When a person
has applied to the board in the approved form tobe
registered as a physiotherapist and has paid the prescribed
registrationfee, the chairperson or (in the absence of
the chairperson) a member of theboard authorised
generally in that behalf by the board, upon being satisfiedthat
such person is entitled to be registered as a physiotherapist, may
grantto such person a certificate in the approved
form of provisional registrationas a
physiotherapist.(2)Apersonwhohasbeengrantedacertificateofprovisionalregistration as a
physiotherapist shall be deemed to be registered under thisAct
as a physiotherapist and this Act shall apply to and with respect
to thatperson accordingly—
s
17A13Physiotherapists Act 1964s
17A(a)until the date stated in such
certificate; or(b)until such later date as may be fixed
by the board;which stated date or later date (if any)
fixed by the board shall not in anycase be later
than 6 months from the granting of such certificate.(2A)However, the
board may at any time before the date so stated orfixed, cancel such certificate and such
person shall thereupon cease to bedeemed to be
registered as a physiotherapist under this Act.(3)If a
person to whom a certificate of provisional registration has
beengranted becomes registered as a
physiotherapist under this Act while thatcertificate is
still in force the person’s registration shall, unless
otherwisedecided by the board, date from the granting
of that certificate.˙Registration for a
limited period17A.(1)Subject to this
Act, a person who makes application to the boardin
that behalf in the approved form and who satisfies the board that
theperson is of good fame and character and that
the person is the holder of adegree, diploma
or certificate in physiotherapy (in each case recognised bythe
board and obtained after due examination) conferred by an
institutionrecognised in the State, or other country
wherein it is situated and by theboard as
authorised to confer such degree, diploma or certificate and that
theperson has come to Queensland—(a)at the request of a university in
Queensland, any State authority oranyassociationrecognisedbytheboardasrepresentativeofphysiotherapists for the purpose of
teaching, lecturing, givingclinical
demonstrations or engaging in research work; or(b)to
undertake postgraduate study in physiotherapy;shall be entitled
to registration as a physiotherapist at all times during theperiod the person is so engaged.(1A)However, such
period of registration shall not exceed 12 monthsunless the board on application extends
it.(2)A person registered under this section
shall notify the board forthwithupon ceasing to
engage in the duties mentioned in subsection (1) and theboard
shall then direct the registrar to remove that person’s name from
theregister.
s
1814s 19Physiotherapists
Act 1964(3)The board may at any time by notice in
writing call upon a personregisteredunderthissectiontoshowcauseataplace,dateandtimespecified by the
board in such notice why the person’s name should not beerased from the register.(4)If
such cause be not shown to the board’s satisfaction as requested
bythe board, the board may direct the registrar
to remove that person’s namefrom the
register.˙Certificate of registration18.(1)Every
physiotherapist shall be entitled to obtain from the
registrara certificate of the physiotherapist’s
registration in the approved form.(2)On
application made to the board at any time and on payment of
theprescribedfee,theboardmaydirecttheregistrartoissuetoanyphysiotherapistaduplicateorcertifiedcopyofthephysiotherapist’scertificate of
registration.˙Annual licence fee19.(1)Every physiotherapist shall pay to the board
such annual licencefee as may be prescribed.(1A)Suchannuallicencefeeshallbepaidtotheboardbythephysiotherapistconcernedwithintheperiodfrom1Januaryuptoandincluding 30
April in each year or, where another period is prescribed inrespect thereof (the board being hereby
thereunto authorised), within thatother period in
each year as is prescribed.(1B)A
physiotherapist shall at the time of the payment of the
annuallicencefeefurnishtheboardwithparticularsofthephysiotherapist’saddress for entry
in the register.(2)If any person fails to pay such annual
licence fee within such periodas aforesaid, the
registrar shall thereupon remove his or her name from theregister.(3)If
the name of any person has been removed from the register
underthis section or under section 20(1) the board
shall, upon application, directthe registrar to
restore the person’s name to the register upon payment ofsuch
annual licence fee and a restoration fee as
prescribed.
s
2015s 23Physiotherapists
Act 1964˙Removal of name from register20.The board may direct the registrar to
remove from the register thename of any
physiotherapist—(a)whoappliesinwritingtohavehisorhernameremovedtherefrom;
or(b)whose name has at any time been
ordered to be erased from theregister of
physiotherapists maintained by any other registrationauthorityandwhosenameatthematerialtimehasnotbeenrestored to that
register.˙Correction of register22.(1)The registrar
shall from time to time strike out in the register thenamesofallphysiotherapistswhohavedied,andshallmakesuchalterations and
amendments in the register as the board from time to timedirects,forthepurposeofmakingthesameanaccuraterecordofthenames,addresses,andqualificationsofallpersonsforthetimebeingregistered.(2)To
assist the registrar in the discharge of duties under this section
theregistrar-generalandeverydistrictregistrarwithinthemeaningoftheRegistration of Births, Deaths and
Marriages Act 1962on receiving noticeof the death of
any person known to him or her to be registered under thisAct,
shall forthwith inform the registrar in writing of such
death.˙Board to give notice of refusal of
application23.(1)If the board
refuses an application by a person for registration as aphysiotherapist, the registrar must, within
14 days of the refusal happening,give written
notice of the refusal to the person.(2)The
notice must state—(a)the reasons for the board’s decision
to refuse the application; and(b)that
the person may appeal against the decision to the DistrictCourt; and(c)how
to appeal.
s
2716s 27Physiotherapists
Act 1964˙Appeals24.(1)Any
person who feels aggrieved by the board’s refusal to
registerthe person may appeal to a judge of the
District Court exercising jurisdictionin the district
within which such person resides.(2)An
appeal under this section shall not lie unless it is instituted
within30 days after the notification by the
registrar to such person of the refusal ororder.(3)An appeal under this section shall be
by way of rehearing and, subjectto this Act, the
decision of the judge shall be final and shall be given
effectto by the board.†PART4—MISCELLANEOUS˙Physiotherapist not to prescribe certain
drugs or medicines24B.A
physiotherapist shall not prescribe any drug or medicine to
anyperson for internal use.˙Offences with relation to badges26.(1)A person who is
not registered shall not use or wear any badgeissued by the
board.(2)A person whose name has been removed
from the register shall notwhilst the name
of that person is removed from the register use or wear anybadge
issued to the person by the board.(3)A
person who is registered under this Act shall not wear any
badgeissued by the board other than the badge
issued to such person by the board.(4)A
person shall not use or wear any colourable imitation of any
badgeissued by the board.˙Penalty for falsifying register or making
false statement27.(1)Any person
who—
s
2817s 30Physiotherapists
Act 1964(a)makes or causes to be made any
falsification in the register or inany matter
relating to the register; or(b)utters or puts off, or attempts to utter or
put off, as true any false,forged, or
counterfeit certificate or other document or writing; or(c)procuresorattemptstoprocurehimself,herselforanyotherperson to be
registered by making or producing, or causing to bemade
or produced, any false or fraudulent statement, declaration,or
representation, either verbal or in writing; or(d)falsely personates or represents himself or
herself as being thepersonreferredtoinanycertificate,document,orwritingpresented to the
board or in any certificate granted under this Act;or(e)fraudulently or
by false representation obtains any certificate ofregistration under this Act; or(f)forges, alters, or counterfeits any
such certificate; or(g)utters or uses,
or attempts to utter or use, any such forged oraltered or
counterfeit certificate knowing the same to have beenforged or altered or to be counterfeit;
or(h)falselyadvertisesorpublisheshimselforherselfashavingobtained any
such certificate, or as being registered under thisAct,
or permits any such advertisement or publication;commits an offence.Maximum
penalty—10 penalty units or 6 months imprisonment.(2)Thenameofanypersonwhoprocureshimselforherselftoberegistered by any means which
constitutes an offence under this sectionshall upon that
person being convicted for that offence be removed by theboard
from the register.(3)Theprovisionsofthissectionshallbeinadditiontoandnotinsubstitution for or in derogation of the
provisions of the Criminal Code orany other
Act.(4)However, a person shall not be liable
to be convicted both under thisAct and under the
Criminal Code or any other Act in respect of the same actor
omission.
s
30A18Physiotherapists Act 1964s
31˙General penalty provisions28.(1)Save as
expressly provided by or under this Act every person whocontravenes or fails to comply with any
provision of this Act shall be guiltyof an offence
against this Act.(2)Every person guilty of an offence
against this Act for which nopenalty is
expressly provided shall be liable to a penalty not
exceeding5 penalty units.(3)All
penalties and fees recovered by the board pursuant to this
Actshall be paid to the board and become part of
its funds.˙Proceedings generally29.(1)All offences
against this Act may be prosecuted in a summaryway under
theJustices Acts 1886, upon the
complaint of—(a)the registrar; or(b)some
person appointed by the board for that purpose; or(c)a police officer.(2)A
prosecution for an offence against this Act may be instituted at
anytimewithin12monthsafterthecommissionoftheoffenceorwithin6 months after
the commission of the offence comes to the knowledge ofthe
complainant, whichever is the later period.(3)Without prejudice to any other right or
remedy conferred upon theboard with respect thereto all fees
imposed by or pursuant to this Act maybe recovered in a
summary way by complaint under theJustices Acts
1886,or as a debt by action in any court of
competent jurisdiction.˙Facilitation of
proof30.(1)In any
proceeding under and for the purposes of this Act—(a)a certificate purporting to be signed
by the registrar that—(i)on a specified
day or days or during the whole of a specifiedperiod, a
particular person was a physiotherapist;(ii)on a
specified day or days or during the whole of a specifiedperiod a particular person was not a
physiotherapist;
s
3119s 31Physiotherapists
Act 1964(iii)onaspecifieddaythenameofaparticularpersonwasremoved from the register;(iv)as from a
specified day the registration of a particular personwas
suspended for a specified period;shall, upon its
production in evidence, and until the contrary isproved, be sufficient evidence of such
matter;(b)it shall not be necessary to prove the
appointment of the registraror any other
officer of the board;(c)it shall not be
necessary to prove the appointment of a personappointed by the
board to take any proceedings under this Act;(d)theavermentinanycomplaintofthedateonwhichthecommissionofanyoffenceagainstthisActcametotheknowledge of the complainant shall,
until the contrary is proved,be sufficient
evidence of such matter;(e)evidence of the
contents of any register kept under this Act maybe
given in any proceedings by a certificate under the hand of
theregistrar, and every such certificate shall,
upon its production inevidence and until the contrary is
proved, be sufficient evidence ofthe matter
stated therein.(2)The signature of the registrar shall
be judicially noticed.˙Approval of
forms30A.The board may
approve forms for use under this Act.˙Regulation making power31.(1)The
Governor in Council may make regulations under this Act.(2)A regulation may be made for or
about—(a)the proceedings of the board;(d)the fees payable for the purposes of
this Act, the amounts of fees,the persons who
are liable to pay fees, when fees are payable, thewaiver of fees and the recovery of unpaid
amounts of fees;(e)prescribing the kind of badge to be
issued to physiotherapists and
s
3120s 31Physiotherapists
Act 1964regulating the issue of such badges;(f)prescribing the amount of any penalty
for any offence against anyregulation,providedthatanysuchpenaltyshallnotexceed2 penalty
units.
22Physiotherapists Act 19643´AIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpres===================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedamendmentchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedorder
in councilomittedoriginalpageparagraphprecedingpresentprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum==================previouspreviouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes a roman letter, the reprint was released in
unauthorised,electronic form only.]Reprint
No.Amendments includedReprint
date1to Act No. 58 of 199514
December 19951Ato Act No. 54 of 199623
April 19971Bto Act No. 54 of 199620
November 19971Cto Act No. 58 of 19997
February 2000´5Tables in
earlier reprintsName of tableTABLES IN EARLIER
REPRINTSChanged citations and remade lawsChanged names and titlesObsolete and
redundant provisionsRenumbered provisionsReprint
No.1111
23Physiotherapists Act 1964´6List of
legislationPhysiotherapists Act 1964 No. 19date
of assent 8 April 1964commenced 27 July 1965 (proc pubd gaz
10 July 1965 p 1390)rep 1 February 2002 (2001 No. 13 s
216)Note—ss 4, 24A, 25 are relocated to the
Physiotherapists Registration Act 2001pt 10, div 3 and
renumbered as ss 238–240 (2001 No. 13 s 243 sch 3)amending legislation—Physiotherapists
Act Amendment Act 1965 No. 18date of assent 27
April 1965commenced 27 July 1965 (proc pubd gaz 10
July 1965 p 1390)Physiotherapists Act Amendment Act 1976 No.
48date of assent 27 September 1976commenced on date of assentMedical Act and Other Acts Amendment Act 1981
No. 76 pt 3date of assent 22 October 1981ss
1–2 commenced on date of assent (see s 2(1))remaining
provisions commenced 17 April 1982 (proc pubd gaz 17 April
1982p 1729)Nursing Studies
Act and Other Acts Amendment Act 1984 No. 74 pt 12date
of assent 18 October 1984commenced on date of assentHealth
Legislation Amendment Act 1992 No. 66 pts 1, 13date of assent 7
December 1992ss 1–2 commenced on date of assentss
74–75, 79–80 commenced 18 December 1992 (1992 SL No. 450)remaining provisions commenced 1 February
1993 (1992 SL No. 450)Health Legislation Amendment Act 1993
No. 79 pts 1, 13date of assent 17 December 1993ss
1–2 commenced on date of assentremaining
provisions commenced 14 March 1994 (1994 SL No. 84)Statute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 1 (as amd 1995 No. 58 ss 1–2,4 sch 1 (as from
28 November 1995 (see s 2(1) sch 1)))date of assent 28
November 1995commenced on date of assentStatute Law Revision Act (No. 2) 1995 No. 58
ss 1–2, 4 sch 1date of assent 28 November 1995commenced on date of assentPublic
Service Act 1996 No. 37 ss 1–2, 147 sch 2date of assent 22
October 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 December
1996 (1996 SL No. 361)
24Physiotherapists Act 1964Statutory Bodies Financial Arrangements
Amendment Act 1996 No. 54 ss 1–2,9 schdate
of assent 20 November 1996ss 1-2 commenced on date of
assentremaining provisions commenced 1 June 1997
(1997 SL No. 128)Health Practitioners (Professional Standards)
Act 1999 No. 58 ss 1–2 pt 14 div 12date of assent 18
November 1999ss 1–2 commenced on date of assentremaining provisions commenced 7 February
2000 (1999 SL No. 327)Physiotherapists Registration Act No.
13 ss 1–2, 243 sch 3date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 February 2002 (2001 SL No. 262)´7List of
annotationsShort titles 1amd
R1 (see RA s 37)Arrangement of this Acts 2om R1
(see RA s 36)Savings 3om
1995 No. 57 s 4 sch 1Definitionsprov hdgsub
1992 No. 66 s 75(1)s 4amd 2001 No. 13 s 243 sch 3reloc
(as 2001 No. 13 s 238) 2001 No. 13 s 243 sch 3def“approved form”ins 1995 No. 57 s
4 sch 1om 2001 No. 13 s 243 sch 3def
“board”om 2001 No. 13 s
243 sch 3def“fee”ins 1992 No. 66 s
75(2)om 2001 No. 13 s 243 sch 3def“medical practitioner”om
1995 No. 57 s 4 sch 1def“Minister”om
1992 No. 66 s 75(3)def“Part”om 1992 No. 66 s
75(3)def“physiotherapist”om 2001 No. 13 s
243 sch 3def“physiotherapy”sub 1976 No. 48 s
2reloc 2001 No. 13 s 243 sch 3def“register”sub 1995 No. 57 s
4 sch 1om 2001 No. 13 s 243 sch 3def“registrar”sub 1995 No. 57 s
4 sch 1om 2001 No. 13 s 243 sch 3Administration of this Acts
5om 1995 No. 58 s 4 sch 1
25Physiotherapists Act 1964Constitution of boards 6amd
1995 No. 57 s 4 sch 1Members of the boards
7amd 1976 No. 48 s 3; 1992 No. 66 s 76; 1993
No. 79 s 91; 1995 No. 57 s 4sch 1; 1995 No.
58 s 4 sch 1; R1 (see RA s 38)Tenure of
offices 7Aprev s 7A ins 1992 No. 66 s 77om
1995 No. 57 s 4 sch 1pres s 7A (prev s 7(3)) amd 1995 No.
57 s 4 sch 1renum 1995 No. 57 s 4 sch 1Extraordinary vacanciess 7B(prev
s 7(4)) amd 1995 No. 57 s 4 sch 1renum 1995 No. 57
s 4 sch 1Nomination of members of boards
7C(prev s 7(5)) renum 1995 No. 57 s 4 sch
1Meetings of boards 9amd
1992 No. 66 s 78; 1995 No. 57 s 4 sch 1Entitlements of
members of board or committeess 11sub
1976 No. 48 s 4; 1984 No. 74 s 26amd 1995 No. 57 s
4 sch 1Funds of the boards 13amd
1976 No. 48 s 5Board is statutory bodys 13Ains
1996 No. 54 s 9 schRegistrar and other officers employed under
Public Service Acts 14sub 1996 No. 37 s 147 sch 2The
registers 15amd 1976 No. 48 s 6Registration of physiotherapistss
16amd 1965 No. 18 s 3sub 1976 No. 48 s
7amd 1981 No. 76 s 11; 1995 No. 57 s 4 sch 1;
R1 (see RA s 39)Conditional registrations 16Ains
1976 No. 48 s 8amd 1995 No. 58 s 4 sch 1Provisional registrations 17amd
1976 No. 48 s 9; 1995 No. 57 s 4 sch 1Registration for a
limited periods 17Ains 1976 No. 48 s 10amd
1995 No. 58 s 4 sch 1
26Physiotherapists Act 1964Certificate of registrations
18amd 1976 No. 48 s 11; 1995 No. 57 s 4 sch
1Annual licence feeprov hdgamd
1976 No. 48 s 12(a)s 19amd 1976 No. 48 s 12(b)–(c)Removal of name from registers
20sub 1976 No. 48 s 13amd 1999 No. 58 s
522Disciplinary actions 21amd
1976 No. 48 s 14; 1995 No. 57 s 4 sch 1om 1999 No. 58 s
523Board to give notice of refusal of
applications 23amd 1976 No. 48 s 15sub
1999 No. 58 s 524Appealss 24amd
1995 No. 57 s 4 sch 1; 1999 No. 58 s 525Approved methods
of treatments 24Ains 1976 No. 48 s 16amd
2001 No. 13 s 243 sch 3reloc (as 2001 No. 13 s 239) 2001 No.
13 s 243 sch 3Physiotherapist not to prescribe certain
drugs or mediciness 24Bins 1976 No. 48 s 16Prohibited practicess 25amd
1965 No. 18 s 4sub 1976 No. 48 s 17amd 1995 No. 57 s
4 sch 1; 2001 No. 13 s 243 sch 3reloc (as 2001
No. 13 s 240) 2001 No. 13 s 243 sch 3Penalty for
falsifying register or making false statements 27amd
1976 No. 48 s 18; 1995 No. 57 s 4 sch 1General penalty
provisionss 28amd 1976 No. 48 s 19; 1995 No. 58 s 4
sch 1Approval of formss 30Ains
1995 No. 57 s 4 sch 1Approved formss 30Bins
1995 No. 57 s 4 sch 1 (as amd 1995 No. 58 s 4 sch 1)exp
28 May 1996 (see s 30B(3))Regulation making powers
31amd 1976 No. 48 s 20; 1981 No. 76 s 12; 1992
No. 66 s 79; 1995 No. 57s 4 sch 1; 1999 No. 58 s 526Power
to make regulations about feess 32sub
1992 No. 66 s 80om 1995 No. 57 s 4 sch 1
