QueenslandCHIROPRACTORSANDOSTEOPATHSACT1979Reprinted as in force on 1 May
2002(includes amendments up to Act No. 45 of
2001)This is the reprint current on the repeal
dateReprint No. 2EThis 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 May 2002.The reprint shows
the law as amended by allamendments 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.
s
15s 4AChiropractors and
Osteopaths Act 1979CHIROPRACTORSANDOSTEOPATHSACT1979[as amended by all amendments that
commenced on or before 1 May 2002]AnActtoprovidefortheconstitutionofaChiropractorsandOsteopathsBoard,theestablishmentofaregisterofchiropractors and osteopaths and the
regulation of the practice ofchiropractic and
osteopathy†PART1—PRELIMINARY˙Short
title1.This Act may be cited as theChiropractors and Osteopaths Act 1979.˙Meaning of
“chiropractic and osteopathy company”4A.In
this Act—“chiropractic and osteopathy company”meansacompanyundertheCorporations Act—(a)that
is authorised by its memorandum and articles of associationto
engage in chiropractic and osteopathy; and(b)the
memorandum and articles of which provide that—(i)the
company must not carry on the practice of chiropracticandosteopathyiflessthanhalfofitsdirectorsarechiropractors and osteopaths; and(ii)at least—(A)half of the shares included in all
classes of shares thatentitle the holder to vote at a
meeting of the company;
s56s6Chiropractors and Osteopaths Act 1979and(B)halfofthesharesineachclassspecifiedinsub-subparagraph (A);must be held by
the following persons—(C)a chiropractor
and osteopath;(D)aspouse,childorgrandchildofachiropractorandosteopath;(E)an
executor or administrator of the estate of, or trusteeofatrustforthebenefitof,apersonspecifiedinsub-subparagraph (C) or (D); and(c)that engages in chiropractic and
osteopathy through a chiropractorand
osteopath.†PART2—ADMINISTRATION˙Administration of Act5.This
Act shall be administered by the Minister and, subject to
theMinister, by the board.˙Constitution of board6.(1)The
body corporate constituted under theChiropractic
ManipulativeTherapistsAct1979underthenameandstyle‘TheChiropracticManipulativeTherapistsBoardofQueensland’isherebypreserved,continuedinexistenceandconstitutedunderthenameandstyle‘TheChiropractors and Osteopaths Board of
Queensland’ and shall have andmay exercise and
discharge the powers, authorities, duties and functionsconferred and imposed upon it by or under
this Act.(2)The board shall be a body corporate
with perpetual succession and acommon seal and,
subject to this Act, shall be capable in law of suing andbeingsued,ofcompoundingorprovinginanycourtofcompetentjurisdiction all
debts or sums of money due to it, and of acquiring,
holding,
s77s8Chiropractors and Osteopaths Act 1979alienating and otherwise dealing with
property and of doing and suffering allsuch acts and
things as bodies corporate may in law do and suffer.(3)All courts and persons acting
judicially shall take judicial notice of thecommon seal of
the board and, until the contrary is proved, shall presumethat
it was duly affixed to any document on which it appears.˙Members of board7.(1)The
board shall consist of 9 members appointed by the Governor
inCouncil.(2)The
members of the board shall consist of—(a)4
persons nominated by the Minister of whom at least 2 must bechiropractors and osteopaths; and(b)3 chiropractors and osteopaths
acceptable to and nominated by theMinister from a
panel or panels of names submitted by 1 or moreassociationsacceptedbytheMinisterasrepresentativeofchiropractors and osteopaths; and(c)1 person representing users of the
services of chiropractors andosteopaths;
and(d)a barrister or solicitor of the
Supreme Court.(3)Submission of a panel referred to in
subsection (2)(b) shall be madewithin the time
and in the manner prescribed or, where not prescribed, asdeterminedbytheMinister,asthecasemaybe,orintheeventthatinsufficient names of chiropractors and
osteopaths acceptable to the Ministerare submitted,
the Governor in Council may appoint as a member of theboard
any person who is qualified as prescribed to be nominated as if
theperson’s name had been duly submitted by the
association or associationsentitled to make
the submission.(4)A person may hold office as a member
of the board in addition to anyposition the
person holds in the public service.˙Chairperson and deputy chairperson of
board8.(1)Ineveryappointmentofthewholenumberofmembersoftheboard the Governor in Council shall
appoint members to be respectively the
s98s9Chiropractors and Osteopaths Act 1979chairperson and deputy chairperson of the
board.(2)Whenavacancyoccursintheofficeofchairpersonordeputychairperson of
the board, the Governor in Council may appoint anothermember of the board to the vacant
office.(3)The chairperson shall preside at every
meeting of the board at whichthechairpersonattendsandinthechairperson’sabsencethedeputychairperson shall
so preside.(4)Where both the chairperson and deputy
chairperson are absent from ameeting,anothermemberoftheboardchosenforthepurposebythemajority of the members present and
voting shall preside.(5)The deputy
chairperson or other member who presides at a meetingof
the board in place of the chairperson has and may exercise all the
powersand authorities of the chairperson while he
or she so presides.(6)Save where the by-laws disentitle him
or her to vote on the matter inissue, the
chairperson, deputy chairperson or other member presiding at
ameeting of the board is entitled to a
deliberative vote on any matter beforethe meeting and,
in the event of an equal division of votes thereon, is
entitledto a second or casting vote.˙Tenure of office9.(1)The
appointment of a member of the board (other than a memberappointed to fill a casual vacancy) is to be
for a term of 3 years.(2)A member of the
board shall be eligible for re-appointment if themember is qualified as prescribed to be
nominated therefor.(3)Theofficeofamemberoftheboardshallbecomevacantifthemember—(a)dies; or(b)becomes bankrupt or compounds with the
member’s creditors, orotherwise takes advantage of the laws
in force for the time beingrelating to
bankruptcy; or(c)isabsentwithoutpriorleavegrantedbytheboardfrom3 consecutive
ordinary meetings of the board of which due noticehas
been given to the member; or
s
109s 11Chiropractors and
Osteopaths Act 1979(d)resigns the member’s office by writing
under the member’s handdelivered to the Minister; or(e)is convicted of an indictable offence
or an offence against this Act;or(f)isremovedfromofficebytheGovernorinCouncilbynotification published in the gazette on the
grounds of mental orphysical incapacity to perform the
member’s duties as a memberor of conduct
which, in the opinion of the Governor in Council,shows the member to be unfit to be a member
of the board.(4)Attendance of a member of the board at
the time and place appointedfor an ordinary
meeting of the board shall be deemed to constitute presenceat a
meeting notwithstanding that by reason that a quorum is not present
nomeeting is then and there actually held, and
the registrar shall enter in theminute book the
names of all members who so attend.(5)A
resignation as member of the board shall be of no effect until
noticein writing thereof is received by the
Minister or until the operative datespecified in the
notice, whichever is the later.˙Casual
vacancies10.When a vacancy occurs in the office of
a member of the board duringthe term of
office of the members then constituting the board, the
Governorin Council may, in accordance with section 7,
appoint another person as amember, to hold
office for the balance of the person’s predecessor’s term ofoffice as a member.˙Meetings of board11.(1)Theboardshallmeetasoftenasisnecessaryforthedueadministration of
this Act, at such times and places as it thinks fit, and
shallconduct its business in such manner as may be
prescribed or, where or tothe extent not prescribed, as it
determines from time to time.(2)A
quorum at any meeting of the board shall be 5 members entitled
tovote on the business before the meeting who,
at a duly convened meeting,shall be
competent to transact any business of the board and may
exerciseand perform all the powers, authorities,
duties and functions of the board.
s
1210s 14Chiropractors and
Osteopaths Act 1979(2A)The decision of
a majority of the members at a meeting of the boardat
which a quorum is present shall be the decision of the
board.(2B)If a member
present at a meeting and entitled to vote abstains fromvoting the member shall be taken to have cast
the member’s vote for thenegative.˙Committees12.(1)The
board may select persons to form an advisory committee oradvisory committees to advise the board on
any matter within the scope ofthe board’s
functions referred to the committee or to a particular
committeeby the board.(2)A
person may be a member of such a committee whether or not
theperson is a member of the board.˙Entitlements of members of board or
committees13.(1)Membersoftheboardandmembersofacommitteeformedpursuant to section 12 shall be entitled to
such fees and allowances as areapproved by the
Governor in Council.(2)Members of the board and members of a
committee shall be entitledto be reimbursed
such out of pocket expenses necessarily incurred by themin
the performance of their duties as such members as are approved by
theboard.˙Members of board etc. not affected by
restrictive employmentprovisions14.A
provision of any enactment requiring the holder of an office
todevote the whole of the holder’s time to the
duties of the holder’s office orprohibiting the
holder from engaging in employment outside the duties ofthe
holder’s office shall not operate to hinder the holder holding that
officeand also an appointment as member,
chairperson or deputy chairperson oftheboardorofanyadvisorycommitteeselectedbytheboard,ortheholder’s
acceptance and retention of remuneration payable to a member
ofthe board under this Act.
s
1511s 17Chiropractors and
Osteopaths Act 1979˙Registrar and other officers employed
under Public Service Act15.The registrar
and other officers of the board are to be employed underthePublic Service Act 1996.˙Funds of
board16.(1)All moneys
received by or on behalf of the board shall be paid intoand
form part of the funds of the board.(2)Expenses of and incidental to the
administration of this Act shall bepaid by the board
from its funds.(3)Subsection (2) does not affect the
liability, prescribed by any otherAct, of the board
to pay from its funds the salaries of the registrar and theofficers appointed for the effectual
administration of this Act.˙Board
is statutory body16A.(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.†PART3—REGISTRATIONOFCHIROPRACTORSANDOSTEOPATHS˙The
register17.(1)The board shall
cause the registrar to keep in such form as it thinksfit a
register (to be called the Register of Chiropractors and
Osteopaths) ofthe names and other prescribed particulars of
persons who are entitled to beand who remain
registered under this Act as chiropractors and osteopaths orpersons who are deemed by this Act to be so
registered.(2)The register shall at all reasonable
times be open to inspection at the
s
1812s 18Chiropractors and
Osteopaths Act 1979office 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 Chiropractors and
Osteopaths,Queensland’ certified by the registrar as
correct to 1 May in thatyear;(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.(4)A
list published pursuant to subsection (3) shall not contain the
nameof any person deemed by section 19 or 21 to
be registered as a chiropractorand
osteopath.˙Qualifications for registration18.(1)A person shall
be entitled to be registered as a chiropractor andosteopath if—(a)the
person applies to the board in the approved form; and(b)the person pays the prescribed fee;
and(c)the person satisfies the board that
the person is of good fame andcharacter;
and(d)the person satisfies the board that
the person is medically fit topractise as a
chiropractor and osteopath; and(e)the
person is the holder of—(i)a qualification
prescribed by the by-laws; or(ii)a
certificate of conditional registration granted pursuant tosection 19 and satisfies the board that the
person is practisingasachiropractorandosteopathwithintheStateandhascompliedwithanyconditionstowhichthecertificateissubject.(2)If a
person to whom a certificate of conditional registration has
beengranted pursuant to section 19 becomes
entitled to be registered under thissection while
that certificate is in force, the person’s registration under
this
s
1913s 19Chiropractors and
Osteopaths Act 1979section shall, unless otherwise decided by
the board, date from the grantingof the
certificate of conditional registration.(3)For
the purpose of determining whether an applicant for
registrationundersubsection(1)orconditionalregistrationundersection19ismedically fit to practise as a
chiropractor and osteopath, the board mayrequire the
applicant to appear before a committee of medical
practitionersappointed by the board for that
purpose.(4)A certificate given by a committee in
respect of the medical fitness ofan applicant to
practise as a chiropractor and osteopath shall be binding onthe
board.˙Conditional registration19.(1)A person shall
be entitled to be granted a certificate in the approvedform
of conditional registration as a chiropractor and osteopath
if—(a)the person applies to the board in the
approved form;(b)the person pays the prescribed
fee;(c)the person satisfies the board as
mentioned in section 18(1)(c) and(d);(d)thepersonsatisfiestheboardthatthepersonhasasoundunderstanding of
the English language and possesses sufficientknowledgeofandsufficientskillintheexpressionofthatlanguage, both
written and oral;(e)the person satisfies the board that
the person has an adequateknowledge of the conditions governing
the practice of chiropracticand osteopathy
in Australia;(f)the person satisfies the board that,
having duly completed a courseof study in an
educational institution outside Australia, the personis
the holder of a degree, diploma or certificate of an
equivalentstandardtoaqualificationprescribedforthepurposesofsection 18 and nominated by the board for
the purposes of thisparagraph;(g)the
person satisfies the board that the person has the
knowledge,skill and ability to practise as a
chiropractor and osteopath in theState.
s
19A14Chiropractors and Osteopaths Act
1979s 20(2)The board may,
for the purpose of determining an application forconditional registration, require the
applicant to complete such practical ororal or written
examinations as it thinks fit and may appoint examiners inrespect of those examinations.(3)An examiner shall notify the board in
writing of an applicant’s resultsinanexaminationandmayrecommendthattheboard,ifitgrantsconditional
registration to the applicant, require the applicant to undertake
aperiod of supervised practice in chiropractic
and osteopathy in the State asmentioned in
section 19A(2).(4)A person granted a certificate of
conditional registration shall, while itremains in force,
be deemed to be registered under this Act as a chiropractorand
osteopath and this Act shall apply to and with respect to the
personaccordingly.(5)A
certificate of conditional registration shall be granted for a
period of12 months, which period shall not be
extended.(6)The board may at any time, without
taking disciplinary proceedingsunder theHealth Practitioners (Professional
Standards) Act 1999, orderthe registrar to
cancel a certificate of conditional registration issued to
anypersonwhoshallthereuponceasetobedeemedtoberegisteredasachiropractor and osteopath.˙Board may impose conditions19A.(1)The board may
subject a grant of registration or conditionalregistration to
such conditions as it thinks fit and may at any time revoke
oramend the conditions.(2)Withoutlimitingthegeneralityofthepowerconferredbysubsection(1),theboard,whengrantingaperson’sapplicationforregistration or conditional registration, may
require the person to undertake aspecified period
of supervised practice in chiropractic and osteopathy in theState
(whether or not a recommendation to that effect has been made
undersection 19(3)) under conditions approved by
the board.˙Registration for a limited
period20.(1)Subject to this
Act, a person who makes application to the board in
s
2115s 21Chiropractors and
Osteopaths Act 1979that behalf in the approved form and who
satisfies the board that the personis of good fame
and character and that the person is the holder of a degree,diploma or certificate in chiropractic and
osteopathy (in each case recognisedby the board and
obtained after due examination) conferred by an institutionrecognised in the State or Territory or other
country wherein it is situatedand by the board
as authorised to confer such degree, diploma or certificateand
that the person has come to Queensland—(a)at
the request of a teaching institution, any State authority or
anyassociationrecognisedbytheboardasrepresentativeofchiropractorsandosteopathsforthepurposeofteaching,lecturing,
giving clinical demonstrations or engaging in researchwork; or(b)to
undertake post graduate study in chiropractic and
osteopathy;shall be entitled to registration as a
chiropractor and osteopath at all timesduring the period
the person is so engaged.(2)A person
registered under this section shall notify the board
forthwithupontheperson’sceasingtoengageinthedutiesmentionedinsubsection (1) and the board shall then
direct the registrar to remove thatperson’s name
from the register.(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.˙Provisional registration21.(1)When a person
has applied to the board in the approved form to beregistered or, as the case may be,
conditionally registered as a chiropractorandosteopathandhaspaidtheprescribedfeeforregistration,thechairperson, or (in the absence of the
chairperson) a member of the boardauthorised
generally in that behalf by the board, upon being satisfied
thatsuch person is entitled to be registered or,
as the case may be, conditionallyregisteredasachiropractorandosteopath,maygranttosuchpersona
s
2216s 23Chiropractors and
Osteopaths Act 1979certificate in the approved form of
provisional registration as a chiropractorand
osteopath.(2)A person who has been granted a
certificate of provisional registrationas a chiropractor
and osteopath shall be deemed to be registered under thisAct
as a chiropractor and osteopath and this Act shall apply to and
withrespect to that person accordingly—(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,withouttakingdisciplinaryproceedingsundertheHealthPractitioners(ProfessionalStandards)Act1999, direct the
registrar tocancel such certificate and such person shall
thereupon cease to be deemedto be registered
as a chiropractor and osteopath and such cancellation shall,for
the purposes of this Act, be deemed to be a refusal by the board of
theapplicationbythatpersontoberegisteredor,asthecasemaybe,conditionally
registered as a chiropractor and osteopath.(3)If a
person to whom a certificate of provisional registration has
beengranted becomes registered or, as the case
may be, conditionally registeredas a chiropractor
and osteopath while that certificate is still in force theperson’s registration shall, unless otherwise
decided by the board, date fromthe granting of
that certificate.˙Certificate of registration22.(1)Every
chiropractor and osteopath shall be entitled to obtain fromthe
registrar a certificate of his or her registration in the approved
form.(2)On application made to the board at
any time and on payment of theprescribed fee,
the board may issue to any chiropractor and osteopath aduplicate or certified copy of his or her
certificate of registration.˙Annual
licence fee23.(1)Everychiropractorandosteopathshallpaytotheboardaprescribed annual licence fee.
s
2417s 25AChiropractors and
Osteopaths Act 1979(1A)The annual
licence fee shall be paid to the board within the period ineach
year commencing on 1 January to and concluding on 30 April
or,whereanotherperiodisprescribedinrespectthereof(theboardbeinghereby thereunto
authorised) within that other period in each year as soprescribed.(1B)A
chiropractor and osteopath shall at the time of the payment of
theannual licence fee furnish the board with
particulars of his or her address forentry in the
register.(2)If a chiropractor and osteopath fails
to pay the annual licence feewithintheperiodasprovidedinsubsection(1A),theregistrarshallthereupon remove his or her name from the
register.(3)Ifthenameofanypersonhasbeenremovedfromtheregisterpursuant to
subsection (2) or section 24(1)(a) the board shall, subject to
thisAct,uponapplicationbythatpersondirecttheregistrartorestoretheperson’s name to the register upon payment of
the annual licence fee andsuch restoration fee as may be
prescribed.˙Removal of name from register24.The board may instruct the registrar
to remove from the register thename of a
chiropractor and osteopath—(a)whoappliesinwritingtohavehisorhernameremovedtherefrom;(b)whose name has at any time been ordered to
be erased absolutelyorforalimitedperiodfromaregisterofchiropractorsandosteopaths maintained under that or any
other name by any otherregistration authority and whose name
at the material time has notbeen restored to
that register;(c)whosenameerroneouslyremainsontheregisterorhasbeenerroneously entered in the register.˙Obligation on members of associations
of persons25A.(1)Eachmemberofanassociationofpersonsengagedinthepracticeofchiropracticandosteopathymustensurethatappropriateprocedures are in
place to ensure that a person who is an agent, employee
or
s
2618s 28Chiropractors and
Osteopaths Act 1979member of the association does not engage in
unsatisfactory professionalconduct in the
course of the person’s agency, employment or membership.Maximum penalty—20 penalty units.(2)In this section—“member”, in
relation to an association of persons, means—(a)inthecaseofanincorporatedassociation—amemberoftheassociation’s
governing body, by whatever name called; and(b)in
the case of an unincorporated association—a member of theassociation.“unsatisfactory
professional conduct”means anything that if done by
achiropractorandosteopathwouldbeunsatisfactoryprofessionalconductundertheHealthPractitioners(ProfessionalStandards)Act 1999.˙Correction of
register26.(1)The registrar
shall from time to time strike from the register thenames
of all chiropractors and osteopaths who have died and make
suchalterations and amendments to the register as
the board directs so that theregistershallbeanaccuraterecordofthenames,addressesandqualifications of chiropractors and
osteopaths.(2)A chiropractor and osteopath shall
notify the board of any change ofname, address or
other prescribed particulars and furnish particulars of suchchange within 21 days after the occurrence of
the change.˙Notification of board’s
determinations27.When the board refuses an application
of any person to be registeredor,asthecasemaybe,conditionallyregisteredasachiropractorandosteopath, the registrar must give written
notice to the person about therefusal.˙Appeals28.(1)A
person aggrieved by—
s
2819s 28Chiropractors and
Osteopaths Act 1979(a)a refusal by the board of the person’s
application to be registeredor, as the case
may be, conditionally registered as a chiropractorand
osteopath; or(b)anordermadeagainstthepersonbytheboardundersection 19(6); or(c)any
condition imposed by the board under section 19A or theamendment of any condition;may
appeal therefrom to a judge of District Courts at Brisbane who
shallhave jurisdiction to hear and determine the
matter and whose decision shallbe final and
shall be given effect to by the board.(1A)Where an appeal by a person from an order
made by the boardunder section 19(6) is allowed, the court
may—(a)direct that the person’s certificate
of conditional registration berestored to the
person; or(b)grant the person registration as a
chiropractor and osteopath.(2)An appeal shall
be by way of rehearing, and shall be instituted within30
days after notification of the refusal or order to the person
aggrieved, andno later, by filing a notice of appeal in the
registry of the District Court atBrisbaneandbycomplyingwithanyrulesofcourtmadewithrespectthereto.(3)The
appellant shall serve a copy of the notice of appeal on the
registrarof the board not later than 7 days after the
notice is filed in the registry of theDistrict
Court.(5)The proceeding on appeal under this
section shall be deemed to be aproceeding before
a District Court.(6)If the judge hearing an appeal under
this section is of the opinion thatthe appeal
involves a question of special knowledge and skill, the judge
mayappoint 1 or more assessors who in the
judge’s opinion possess the specialqualifications
necessary for the particular case to assist the judge in thejudge’s determination.(6A)An
assessor shall be paid such fees and expenses as the
Governorin Council shall from time to time
determine.(6B)An assessor may
advise the judge on any matter but all questions oflaw
and fact shall be determined by the judge who shall place such
weight
s
28A20Chiropractors and Osteopaths Act
1979s 28B(if any) as the
judge thinks fit, on the advice.(7)Where upon an appeal a District Court orders
a penalty to be paid byan appellant it shall order the penalty
to be paid to the board and, for thepurposes of its
enforcement, the order shall be deemed to be an order madeby
the board.†PART3A—CHIROPRACTICANDOSTEOPATHYCOMPANIES˙Formation of chiropractic and
osteopathy companies28A.Nothing in this
Act prohibits the formation of a chiropractic andosteopathy company or the practice of
chiropractic and osteopathy in thecompany’s
name.˙Regulation of company names28B.(1)Achiropracticandosteopathycompanymustnotpractisechiropractic and
osteopathy except under an approved name.(3)A—(a)chiropractic and
osteopathy company that has been given a noticeunder subsection
(7); or(b)a chiropractor and osteopath who
proposes to establish or join inestablishing a
chiropractic and osteopathy company;must submit a
list of proposed company names to the board.(4)The
list must contain the number of names specified by the
board.(5)The board must consider the names on
the list and must either—(a)select1ormorenamesacceptabletotheboardasapprovednames; or(b)reject the names as
unacceptable.(6)The board must promptly give written
notice to the company or the
s
28C21Chiropractors and Osteopaths Act
1979s 33chiropractor and osteopath, as the case
may be, of—(a)the board’s decision; and(b)if the board has rejected the
names—the reasons for the decision.(7)The
board may give written notice to a chiropractic and
osteopathycompanyrequiringittoalteritsnametoanapprovednamewithinareasonable time specified by the
board.(8)In this section—“approved
name”means a name that—(a)is
approved by the board; and(b)is approved by
any other person or authority that, under any otherlaw,
is required to approve the name of a company.˙Offence by company28C.A
company must not engage in chiropractic and osteopathy
unlessit is a chiropractic and osteopathy
company.†PART4—MISCELLANEOUS˙Use of
surgery or drugs prohibited29.A chiropractor
and osteopath shall not use surgery or prescribe anydrug
or medicine to any person for internal use.˙Penalty for fraudulent practices33.(1)A person shall
not—(a)make or cause to be made any
falsification in the register or in anywriting relating
to the register or any false statement relating to theregister; or(b)utteranyfalse,forgedorcounterfeitcertificateorwritingpertaining to
the person’s qualification to practise chiropractic
and
s
3422s 34Chiropractors and
Osteopaths Act 1979osteopathy; or(c)procure or attempt to procure himself,
herself or any other personto be registered
by making or producing, or causing to be made orproduced,anyfalseorfraudulentstatement,declarationorrepresentation, either verbal or in writing;
or(d)falselypersonateorrepresenthimselforherselfasbeingtheperson referred to in any certificate or
writing presented to theboard or in any certificate granted
under this Act; or(e)fraudulently or by false
representation obtain any certificate ofregistration
under this Act; or(f)forge, alter or counterfeit any
certificate of registration under thisAct; or(g)utter any forged, altered or
counterfeit certificate of registrationunder this Act
knowing the same to have been forged, altered orto
be counterfeit; or(h)falsely advertise himself or herself
or hold himself or herself outas having
obtained a certificate of registration under or as beingregistered under this Act, or permit any
such advertisement orholding out.Maximum
penalty—30 penalty units or imprisonment for 6 months.(2)Thenameofanypersonwhoprocureshimselforherselftoberegisteredbyanymeanswhichcontravenethissectionshall,upontheperson being convicted in respect of that
contravention, be removed fromthe
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 sameact.˙General
penalty34.(1)A person who
contravenes or fails to comply with any provision
s
3523s 36Chiropractors and
Osteopaths Act 1979of this Act commits an offence against this
Act and, save where a specificpenalty is
otherwise provided, is liable to a penalty of 35 penalty
units.(2)All penalties recovered in respect of
an offence against this Act shallbe paid to the
board.˙Proceedings generally35.(1)An offence
against this Act may be prosecuted in a summary wayunder
theJustices Act 1886upon the
complaint of the registrar, or a personauthorised by the
board in that behalf.(2)A prosecution
for an offence against this Act may be commencedwithin 1 year from the time when the matter
of complaint arose or within6 months after
the matter of complaint comes to the knowledge of thecomplainant whichever is the period later to
expire.(3)Without prejudice to any other right
or remedy available to the boardwith respect
thereto all fees payable to the board under this Act and allpenalties and costs ordered by the board to
be paid to it under this Act maybe recovered in a
summary way under theJustices Act 1886or as a debt
dueand owing to the board by action in any court
of competent jurisdiction.˙Evidentiary
provision36.In any proceeding for the purposes of
this Act—(a)a certificate purporting to be signed
by the registrar certifying thestateofanypartoftheregisteratadateorduringaperiodspecified in the
certificate or certifying that a person named thereinwasnotatadateorduringaperiodspecifiedtherein,achiropractorandosteopathshall,uponitsproduction,beadmissible as evidence and, in the absence
of evidence to thecontrary,conclusiveevidenceofthematterscontainedinthecertificate;(b)every part of the register, and an extract
of any part of the registerpurporting to be
certified as correct by the registrar shall, upon itsproduction,beadmissibleasevidenceand,intheabsenceofevidencetothecontrary,conclusiveevidenceofthematterscontained therein;
s
3724s 38Chiropractors and
Osteopaths Act 1979(c)a certificate purporting to be signed
by the registrar certifying thatat a date or
during a period specified therein the board had or hadnot
approved any of the persons or things it is empowered by
thisActtoapproveandtheconditions(ifany)specifiedinsuchapproval shall,
upon its production, be admissible as evidenceand,intheabsenceofevidencetothecontrary,conclusiveevidence of the
matters contained in the certificate;(d)a
statement in a complaint commencing that proceeding of thedate
on which the matter of complaint came to the knowledge ofthe
complainant shall be evidence and, in the absence of
evidenceto the contrary, conclusive evidence of its
content;(e)proofshallnotberequiredoftheauthorityofanypersontoprosecute an offence against this Act
or to take any proceeding onbehalf of the
board unless evidence is given to the contrary;(f)proof shall not be required of the
appointment of the registrar orof any other
officer appointed for the effectual administration ofthis
Act or of the signature of the registrar.˙Statutory declarations37.For
the purposes of this Act, the board may—(a)demand and accept a declaration under
theOaths Acts 1867fromany
person for the purposes of this Act;(b)require an applicant to verify by way of
declaration under theOaths Acts 1867(the taking of
which being hereby authorised)information
furnished to the board in respect of the applicant’sapplication for registration.˙By-laws38.(1)The
board may make by-laws under this Act.(2)A
by-law may be made for or about—(a)the
powers, duties and functions of the registrar, officers andinspectors appointed for the effectual
administration of this Act;(b)the
register and the manner of its keeping;
s
3825s 38Chiropractors and
Osteopaths Act 1979(c)themakingofapplicationstotheboard,andtheeffectoffurnishing false particulars therein;(d)the conduct of meetings of the board,
the entitlement of membersoftheboardtovoteuponbusinessbeforeameeting,andtheconduct of proceedings before the
board;(e)the common seal of the board, and the
attesting of documents byor on behalf of the board;(f)the manner and method in which a
chiropractor and osteopathmayadvertisehimselforherselfasqualifiedtopractisechiropractic and
osteopathy and the place where that practice takesplace;(g)thepurposesforwhichfeesarepayableunderthisAct,theamounts of fees, the persons who are
liable to pay fees, when feesarepayable,thewaiveroffeesandtherecoveryofunpaidamounts of
fees;(ga)the allowances
payable under this Act and the purposes for whichthey
are payable;(i)the penalties to be imposed for
breaches of the by-laws but so thatno such penalty
shall exceed 30 penalty units;(j)regulating and controlling the use by
chiropractors and osteopathsoftitles,lettersorwordsindicatingordescribingtheirqualifications, prescribing titles, letters
or words that shall or maybe used to indicate or describe that
any person is a chiropractorand osteopath or
to indicate or describe any particular chiropracticand
osteopathy qualification, prohibiting the use by
chiropractorsand osteopaths, in relation to their
qualifications as chiropractorsandosteopathsorthepracticebythemofchiropracticandosteopathy,ofanytitles,lettersorwords,otherthanthoseprescribed for such use or prohibiting any
prescribed titles, lettersor words from being so used and, in
relation to chiropractic andosteopathy
qualifications, either generally or except to indicate ordescribe a particular qualification;(k)the nature of supervised practice that
the board may require to beundertaken
pursuant to section 19A(2);(l)regulating, controlling and prohibiting
canvassing or soliciting
s
3926s 41Chiropractors and
Osteopaths Act 1979workorbusinessby,fororonbehalfofchiropractorsandosteopaths.(3)A
by–law must be approved by the Governor in Council.1˙Approval of
forms39.The board may approve forms under this
Act.†PART5—TRANSITIONALPROVISIONS˙Chiropractic Manipulative Therapists Act 1979
references40.In an Act or document, a reference to
theChiropractic ManipulativeTherapists Act 1979is a reference
to this Act.˙Chiropractic manipulative therapy and
therapist references etc.41.(1)In an Act or
document, a reference to chiropractic manipulativetherapy is a reference to chiropractic and
osteopathy.(2)In an Act or document, a reference to
a chiropractic manipulativetherapist is a
reference to a chiropractor and osteopath.(3)In
an Act or document, a reference to the Chiropractic
ManipulativeTherapists Board is a reference to the board
constituted under this Act.1Aby–lawissubordinatelegislation(seeStatutoryInstrumentsAct1992,sections 7,
8(b)(i) and 9(1)(a)).
28Chiropractors and Osteopaths Act
19793´AIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresprev====================KeyKey to abbreviations in list of
legislation and annotationsActs Interpretation Act 1954amendedamendmentchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedorder
in councilomittedoriginalpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASIR===============SLsubunnum===previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992Statutory InstrumentsRegulation
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. 79 of 19931
July 19942to Act No. 57 of 19955
December 19952Ato Act No. 54 of 19964
December 19962Bto Act No. 54 of 199612
November 19972Cto Act No. 58 of 19997
February 20002Dto Act No. 45 of 200110
August 2001
29Chiropractors and Osteopaths Act
1979´5Tables in
earlier reprintsTABLES IN EARLIER REPRINTSName
of TableChanged citations and remade lawsChanged names and titlesObsolete and
redundant provisionsRenumbered provisionsReprint
No.1111´6List
of legislationChiropractors and Osteopaths Act 1979 No. 42
(prev Chiropractic ManipulativeTherapists Act
1979)date of assent 26 June 1979ss
1–16 commenced 30 August 1979 (proc pubd gaz 1 September 1979 p
99)remainingprovisionscommenced14November1981(procpubdgaz14 November 1981 p 1164)rep 1
May 2002 (2001 No. 3 s 216)Note—ss 4, 30 and 32
are relocated to the Chiropractors Registration Act 2001pt
10, div 3 and renumbered as ss 237–239 (2001 No. 3 s 242 sch
3)amending legislation—Nursing Studies
Act and Other Acts Amendment Act 1984 No. 74 pt 4date
of assent 18 October 1984commenced on date of assentMedicalandParamedical(AmendmentofInspectorialandAuditProvisions)Act 1987 No. 10
pt 4date of assent 15 April 1987commenced on date of assentChiropractic Manipulative Therapists Act
Amendment Act 1988 No. 3date of assent 7 April 1988ss
1–2 commenced on date of assentremainingprovisionscommenced31March1990(procpubdgaz31March1990
p 1648)Statute Law (Miscellaneous Provisions) Act
1990 No. 88 s 3 schdate of assent 6 December 1990commenced 31 March 1990 (see s 2(2))Health
Legislation Amendment Act 1992 No. 66 pts 1–2date of assent 7
December 1992ss 1–2 commenced on date of assentss
3–5, 9–12 commenced 18 December 1992 (1992 SL No. 450)remaining provisions commenced 1 February
1993 (1992 SL No. 450)
30Chiropractors and Osteopaths Act
1979Health Legislation Amendment Act 1993 No. 79
pts 1–2date of assent 17 December 1993ss
1–2 commenced on date of assentss 7–8 commenced
on 18 December 1993 (see s 2(2))remaining
provisions commenced 14 March 1994 (1994 SL No. 84)Statute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 1 (this Act is amended, seeamending
legislation below)date of assent 28 November 1995commenced on date of assentamending legislation—StatuteLawRevisionAct1995No.58ss1–2,4sch1(amends1995No. 57 above)date of assent 28
November 1995commenced on date of assent (see s 2(1) sch
1)Public 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)Statutory 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 1date of assent 18
November 1999ss 1–2 commenced on date of assentremaining provisions commenced 7 February
2000 (1999 SL No. 327)Chiropractors Registration Act 2001 No.
3 ss 1–2, 242 sch 3date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 May 2002 (2002 SL No. 73)Corporations (Ancillary Provisions) Act 2001
No. 45 ss 1–2, 29 sch 3date of assent 28 June 2001ss
1–2 commenced on date of assentsch3commenced15July2001(sees2(2)ofAct2001No.45(Qld)andCorporations Act 2001 No. 50 (Cwlth) and
proc pubd Cwlth of Australia gaz13 July 2001, No.
S285)remaining provision commenced immediately
before 15 July 2001 (see s 2(1)of Act 2001 No.
45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and procpubd
Cwlth of Australia gaz 13 July 2001, No. S285)
31Chiropractors and Osteopaths Act
1979´7List of
annotationsTitlesub 1988 No. 3 s 5Short titles
1amd 1988 No. 3 s 3(1)Commencements 2om R2
(see RA s 37)Arrangement of Acts 3amd
1988 No. 3 s 18om R1 (see RA s 39)Definitionsprov
hdgamd 1992 No. 66 s 4(1)s 4amd
2001 No. 3 s 242 sch 3reloc (as 2001 No. 3 s 237) 2001 No. 3
s 242 sch 3def“approved form”ins 1995 No. 57 s
4 sch 1om 2001 No. 3 s 242 sch 3def“association of persons”ins
1992 No. 66 s 4(3)om 2001 No. 3 s 242 sch 3def“board”amd 1988 No. 3 s
6(a)om 2001 No. 3 s 242 sch 3def“chiropractic”ins 1988 No. 3 s
6(b)sub 1992 No. 66 s 4(2)–(3)amd
2001 No. 3 s 242 sch 3def“chiropractic and
osteopathy company”ins 1992 No. 66 s 4(3)om 2001 No. 3 s
242 sch 3def“chiropractic manipulative
therapist”om 1988 No. 3 s 6(b)def“chiropractic manipulative therapy”om
1988 No. 3 s 6(b)def“chiropractor and osteopath”ins
1988 No. 3 s 6(b)om 2001 No. 3 s 242 sch 3def“fee”ins 1992 No. 66 s
4(3)om 2001 No. 3 s 242 sch 3def“medical practitioner”om
1995 No. 57 s 4 sch 1def“Minister”om
1992 No. 66 s 4(2)def“osteopath”ins 2001 No. 3 s
242 sch 3def“physiotherapist”sub 2001 No. 3 s
242 sch 3def“register”amd 1988 No. 3 s
6(c)sub 1995 No. 57 s 4 sch 1om
2001 No. 3 s 242 sch 3def“registrar”sub 1995 No. 57 s
4 sch 1om 2001 No. 3 s 242 sch 3Meaning of “chiropractic and osteopathy
company”s 4Ains 1992 No. 66 s 5amd
1993 No. 79 s 4; 2001 No. 45 s 29 sch 3Constitution of
boards 6amd 1988 No. 3 s 18; 1990 No. 88 s 3
sch; 1995 No. 57 s 4 sch 1
32Chiropractors and Osteopaths Act
1979Members of boards 7amd
1988 No. 3 ss 7, 18; 1992 No. 66 s 6; 1993 No. 79 s 5; 1995 No.
57s 4 sch 1Increase in number
of memberss 7Ains 1992 No. 66 s 7om
1995 No. 57 s 4 sch 1Chairperson and deputy chairperson of
boards 8amd 1995 No. 57 s 4 sch 1Tenure
of offices 9amd 1993 No. 79 s 6; 1995 No. 57 s 4
sch 1Meetings of boards 11amd
1992 No. 66 s 8; 1995 No. 57 s 4 sch 1Entitlements of
members of board or committeess 13sub
1984 No. 74 s 9amd 1995 No. 57 s 4 sch 1Registrar and other officers employed under
Public Service Acts 15sub 1996 No. 37 s 147 sch 2Funds
of boards 16amd 1987 No. 10 s 15Board
is statutory bodys 16Ains 1996 No. 54 s 9 schPART
3—REGISTRATION OF CHIROPRACTORS AND OSTEOPATHSpt hdgamd
1988 No. 3 s 18The registers 17amd
1988 No. 3 s 8Qualifications for registrations
18sub 1988 No. 3 s 9amd 1995 No. 57 s
4 sch 1Conditional registrations 19sub
1988 No. 3 s 9amd 1995 No. 57 s 4 sch 1; 1999 No. 58 s
406Board may impose conditionss
19Ains 1988 No. 3 s 9amd 1999 No. 58 s
407Registration for a limited periods
20amd 1988 No. 3 s 18; 1995 No. 57 s 4 sch
1Provisional registrations 21amd
1988 No. 3 ss 10, 18; 1995 No. 57 s 4 sch 1; 1999 No. 58 s
408Certificate of registrations
22amd 1988 No. 3 s 18; 1995 No. 57 s 4 sch
1
33Chiropractors and Osteopaths Act
1979Annual licence fees 23amd
1988 No. 3 s 18Removal of name from registers
24amd 1988 No. 3 ss 11, 18; 1999 No. 58 s
409Disciplinary actions 25amd
1988 No. 3 ss 12, 18–19; 1995 No. 57 s 4 sch 1om 1999 No. 58 s
410Obligation on members of associations of
personss 25Ains 1992 No. 66 s 9amd
1999 No. 58 s 411Correction of registers 26amd
1988 No. 3 s 18Notification of board’s determinationss
27amd 1988 No. 3 s 13; 1999 No. 58 s
412Appealss 28amd
1988 No. 3 s 14; 1995 No. 57 s 4 sch 1; 1999 No. 58 s 413PART
3A—CHIROPRACTIC AND OSTEOPATHY COMPANIESpt hdgins
1992 No. 66 s 10Formation of chiropractic and osteopathy
companiess 28Ains 1992 No. 66 s 10Regulation of company namess
28Bins 1992 No. 66 s 10amd 1993 No. 79 s
7; R1 (see RA s 37)Offence by companys 28Cins
1992 No. 66 s 10amd 1993 No. 79 s 8; R1 (see RA s 37)Use of
surgery or drugs prohibiteds 29amd 1988 No. 3 s
18Prohibited practicess 30amd
1988 No. 3 ss 18–19; 1995 No. 57 s 4 sch 1; 2001 No. 3 s 242 sch
3reloc (as 2001 No. 3 s 238) 2001 No. 3 s 242
sch 3Rules of practices 31amd
1988 No. 3 s 18; 1995 No. 57 s 4 sch 1om 1999 No. 58 s
414Exemptionss 32sub
1988 No. 3 s 15amd 2001 No. 3 s 242 sch 3reloc
(as 2001 No. 3 s 239) 2001 No. 3 s 242 sch 3Penalty for
fraudulent practicess 33amd 1988 No. 3 ss 18–19; R1 (see RA s
39); 1995 No. 57 s 4 sch 1