Physiotherapists Registration Act 2001

Queensland Physiotherapists Registration Act 2001 Reprinted as in force on 1 January 2010 Reprint No. 2C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 Act No. 14 s 123

Information about this reprint This Act is reprinted as at 1 January 2010. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Physiotherapists Registration Act 2001 Contents Part 1 Division 1 1 2 Division 2 3 4 5 6 Division 3 7 Division 4 8 Part 2 Division 1 9 10 11 12 13 14 Division 2 15 16 17 18 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Operation of Act Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 The legislative scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 ......................................... 12 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . 12 Objects Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Physiotherapists Board of Queensland Establishment and functions Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Board’s relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . 13 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Board’s independence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Membership Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . 18

2 Physiotherapists Registration Act 2001 19 20 21 22 23 24 25 26 Division 3 27 28 29 30 31 32 Division 4 33 34 Division 5 35 Division 6 36 Division 7 37 Division 8 38 39 40 Part 3 Division 1 41 Division 2 Subdivision 1 42 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . Leave of absence for a member . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board business Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board committees Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . Disclosure of interests by board members and committee members Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions by Minister Minister’s power to give directions in the public interest . . . . . . . . Annual reports Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . Other provisions about the board Board is statutory body under the Financial Accountability Act 2009 ........................................ Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board’s common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration Preliminary Who may apply for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications for general registration Applications Procedural requirements for applications . . . . . . . . . . . . . . . . . . . 19 20 20 20 21 21 22 22 22 22 23 23 23 24 24 25 25 26 27 28 28 28 28 29

3 Physiotherapists Registration Act 2001 Subdivision 2 43 44 45 Subdivision 3 46 47 48 49 50 Subdivision 4 51 52 53 54 Subdivision 5 55 Subdivision 6 56 Subdivision 7 57 58 Division 3 59 60 61 62 63 64 65 66 67 Eligibility for general registration Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When applicant is qualified for general registration . . . . . . . . . . . Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . Inquiries into applications Board’s powers before deciding applications . . . . . . . . . . . . . . . . Appointment of appropriately qualified person to conduct health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report about health assessment . . . . . . . . . . . . . . . . . . . . . . . . . Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment for health assessments and reports . . . . . . . . . . . . . . . Decision on applications Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Steps to be taken after application decided . . . . . . . . . . . . . . . . . Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . Information in certificates of general registration Forms of certificates of general registration . . . . . . . . . . . . . . . . . Period of general registration Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of general registration Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisional general registration Meaning of authorised person for div 3 . . . . . . . . . . . . . . . . . . . . Provisional general registration of a person . . . . . . . . . . . . . . . . . Confirmation or cancellation of provisional general registration . . Procedure after cancellation of provisional general registration. . Form of certificate of provisional general registration. . . . . . . . . . Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board decides to register provisional general registrant as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board decides to refuse to register provisional general registrant as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . Deemed refusal by board to register provisional general registrant as a general registrant . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 31 32 34 34 35 35 36 36 36 37 38 39 39 40 40 41 42 42 42 43 43 43 44

4 Physiotherapists Registration Act 2001 Division 4 Subdivision 1 67A 68 Subdivision 2 69 70 71 Subdivision 3 72 73 74 75 Division 5 75A 76 77 78 79 80 81 Division 6 82 83 84 85 86 87 Division 7 Subdivision 1 88 89 90 91 92 Renewal of general registrations Preliminary Non-application of div 4 to short-term registration . . . . . . . . . . . . Meaning of recency of practice requirements . . . . . . . . . . . . . . . Applications for renewal of general registrations Notification of imminent expiry of registration. . . . . . . . . . . . . . . . Procedural requirements for applications . . . . . . . . . . . . . . . . . . . General registration taken to be in force while application is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on applications Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recency of practice requirements are not satisfied . . . . . . . . . . . Steps to be taken after application decided . . . . . . . . . . . . . . . . . Restoration of general registrations Non-application of div 5 to short-term registration . . . . . . . . . . . . Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . When an application for restoration of a general registration may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedural requirements for applications . . . . . . . . . . . . . . . . . . . Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . When recency of practice conditions take effect . . . . . . . . . . . . . Cancellation of general registrations Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representations about show cause notices . . . . . . . . . . . . . . . . . Ending show cause process without further action . . . . . . . . . . . Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of cancelled certificate of general registration to board . . Reviewing conditions of general registrations Review of conditions imposed by the board or QCAT Review of conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . Review of conditions during review period . . . . . . . . . . . . . . . . . . Board’s powers before making decision . . . . . . . . . . . . . . . . . . . . Application of ss 47–50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 44 45 45 46 47 47 48 49 49 49 50 50 51 51 51 51 52 52 52 53 53 54 54 54 55 56

5 Physiotherapists Registration Act 2001 93 94 95 96 97 98 Subdivision 2 99 Division 8 Subdivision 1 100 101 102 102A 103 104 105 106 106A 106B 106C 107 Subdivision 2 107A 108 109 110 111 Subdivision 3 112 113 Subdivision 4 114 Division 9 115 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When decision takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure by board to make decision on application. . . . . . . . . . . . . Failure by board to make decision on review agreed to under s 90 .................................... Further decision required if certain conditions changed. . . . . . . . Recording change, or removal, of conditions Amending, replacing, or issuing new, certificate of general registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special purpose registrations Applications for special purpose registration Undertaking of special activities relating to the profession. . . . . . Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility for special purpose registration under s 100(1) . . . . . . . Eligibility for special purpose registration under s 100(2) . . . . . . . Qualifications for special purpose registration . . . . . . . . . . . . . . . Suitability to be a special purpose registrant . . . . . . . . . . . . . . . . Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Condition for special purpose registration under s 100(2) . . . . . . Supervised practice plans approved by the board . . . . . . . . . . . . Board may ask for information under supervised practice plan . . Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal of special purpose registrations Non-application of sdiv 2 to particular registrations . . . . . . . . . . . Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . Matters that may be considered in deciding whether to renew special purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imposition of conditions by board . . . . . . . . . . . . . . . . . . . . . . . . . Period of renewed special purpose registration . . . . . . . . . . . . . . Cancellation of special purpose registrations Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of conditions Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions about registrations Person is taken to be registered under this part. . . . . . . . . . . . . . 56 57 57 58 58 59 59 60 61 62 62 64 64 65 65 65 66 67 67 67 68 68 68 69 69 69 70 71

116 117 118 119 120 120A Part 4 Division 1 121 122 123 124 125 Division 3 128 129 Division 4 130 Division 5 131 132 Division 6 133 134 135 Division 7 136 Part 5 Division 1 137 138 139 Division 2 140 141 6 Physiotherapists Registration Act 2001 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of certificates of registration . . . . . . . . . . . . . . . . . . Certified copy of certificates of registration . . . . . . . . . . . . . . . . . Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . Notification of certain events to interstate regulatory authorities and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short-term registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of registrants and other persons Restricted titles and holding out Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to other persons’ registration. . . . . . . . . . . Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants . . . . . . . . Restrictions on registrants registered on conditions. . . . . . . . . . . Advertising Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information to appear in advertisements . . . . . . . . . . . . . . . . . . . Registrants’ autonomy Aiding, abetting etc. conduct that is a ground for disciplinary action ......................................... Court orders and injunctions Persons may be prohibited from supplying health services etc.. . Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reprisals Reprisal and grounds for reprisals . . . . . . . . . . . . . . . . . . . . . . . . Offence for taking reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions Payment, or acceptance of payment, for referrals prohibited . . . . Investigation and enforcement Inspectors Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . Appointment of inspectors and other matters Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 71 72 72 72 73 74 76 76 76 77 78 79 79 80 81 83 83 83 84 84 85 85 85 85

7 Physiotherapists Registration Act 2001 142 143 144 Division 3 Subdivision 1 145 Subdivision 2 146 147 148 149 150 Subdivision 3 151 152 153 Subdivision 4 154 155 156 157 158 159 160 161 162 163 164 Subdivision 5 165 166 167 168 169 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of inspector’s identity card . . . . . . . . . . . . . Powers of inspectors Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for entry Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . Powers after entry General powers after entering places . . . . . . . . . . . . . . . . . . . . . Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to seize evidence Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seizing evidence at a place that may only be entered with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with forfeited things etc.. . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to obtain information Power to require name and address . . . . . . . . . . . . . . . . . . . . . . Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents . . . . . . . . . . . . . . . . . . Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 86 86 87 87 88 89 89 91 91 92 93 93 93 94 94 94 95 95 97 97 97 98 98 99 99 99 100

Division 4 170 171 172 173 174 175 Part 6 176 177 Part 7 Division 1 181 182 183 184 Division 2 185 186 187 188 189 190 191 192 Part 8 Division 1 193 194 Division 2 195 Division 3 196 197 Part 9 Division 1 198 8 Physiotherapists Registration Act 2001 General enforcement matters Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reviews by QCAT Who may apply for a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certain matters relating to powers of QCAT. . . . . . . . . . . . . . . . . Legal proceedings Evidence Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings Indictable and summary offences. . . . . . . . . . . . . . . . . . . . . . . . . Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . Limitation on who may summarily hear indictable offence . . . . . . Limitation on time for starting summary proceedings. . . . . . . . . . Allegations of false or misleading information or documents . . . . Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for acts or omissions of representatives . . . . . . . . Executive officers must ensure corporation complies with Act. . . Register, records and information Register Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records to be kept Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board’s annual report must disclose authorisation. . . . . . . . . . . . Miscellaneous Abandoned, and other, health records Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 101 101 102 102 102 103 103 104 104 104 104 105 105 106 106 107 107 107 108 109 110 110 111 112 113

199 200 201 202 203 204 Division 2 205 Division 3 206 207 208 Division 4 209 209A 210 211 212 213 214 215 Part 10 Division 1 216 Division 2 217 218 219 220 221 222 223 224 225 226 9 Physiotherapists Registration Act 2001 Board may take possession of abandoned health records. . . . . . Health records forming part of deceased estate . . . . . . . . . . . . . Health records of persons convicted of an offence against s 121(1) or (6) or 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with certain health records seized under s 154 or 155 . . How board may deal with health records . . . . . . . . . . . . . . . . . . . Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuing professional education of registrants Continuing professional education programs . . . . . . . . . . . . . . . . Declared events Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deemed general registration of visiting practitioners . . . . . . . . . . Other provisions Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . Protection for persons involved in supervising registrants . . . . . . False or misleading information or documents. . . . . . . . . . . . . . . Certificates etc. not to be false or misleading. . . . . . . . . . . . . . . . Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal and transitional provisions Repeal Repeal of Physiotherapists Act 1964 . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Act No. 13 of 2001 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to repealed Act or former board . . . . . . . . . . . . . . . . Board is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with matter under Health Practitioners (Professional Standards) Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . 113 113 114 114 114 115 115 116 117 117 117 118 119 121 121 122 122 122 123 123 123 124 124 124 124 124 125 125 126

10 Physiotherapists Registration Act 2001 227 228 229 230 231 232 233 234 236 237 Division 3 238 239 Schedule 1 Schedule 4 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of conditions imposed under repealed Act. . . . . . . . . . . . Removal of conditions imposed under repealed Act . . . . . . . . . . Existing applications for certain column 1 registrations . . . . . . . . Existing applications for restoration of certain column 1 registrations ..................................... Continuation of show cause process under section 17A(3) of the repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspended registrations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certain Act has not been repealed. . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for the Health and Other Legislation Amendment Act 2008 Particular registrants taken to be registered under s 100(2)(b) . . Existing applications for general registration . . . . . . . . . . . . . . . . Decisions for which information notices must be given . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 127 129 129 129 130 130 131 131 132 133 133 134 136 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . 145 145 146 146 147 147 148 152

s 1 11 s 4 Physiotherapists Registration Act 2001 Physiotherapists Registration Act 2001 [as amended by all amendments that commenced on or before 1 January 2010] An Act to provide for the registration of physiotherapists, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Physiotherapists Registration Act 2001 . 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Operation of Act 3 Act binds all persons (1) This Act binds all persons, including the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. 4 The legislative scheme This Act is part of a legislative scheme (the legislative scheme ) consisting of the health practitioner registration Acts, the Health Practitioner Registration Boards (Administration)

s 5 12 s 7 Physiotherapists Registration Act 2001 Act 1999 and the Health Practitioners (Professional Standards) Act 1999 . 5 Board’s decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards) Act 1999 (1) This section applies if the board is making— (a) a decision on an application for registration; or (b) a decision, under this Act, affecting a registrant’s registration. (2) The decision must comply with, and be consistent with, any decision of the board, a disciplinary committee, a professional conduct review panel, QCAT or the Court of Appeal, affecting the applicant or registration, under the Health Practitioners (Professional Standards) Act 1999 . 6 Mutual recognition legislation not affected This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 . Division 3 Objects 7 Objects of Act (1) The objects of this Act are— (a) to protect the public by ensuring health care is delivered by registrants in a professional, safe and competent way; and (b) to uphold the standards of practice within the profession; and (c) to maintain public confidence in the profession. (2) The objects are to be achieved mainly by— (a) establishing the Physiotherapists Board of Queensland; and

s 8 13 s 10 Physiotherapists Registration Act 2001 (b) providing for the registration of persons under this Act; and (c) imposing obligations on persons in relation to the practice of the profession; and (d) providing for compliance with this Act to be monitored and enforced. Division 4 Interpretation 8 Definitions The dictionary in schedule 4 defines particular words used in this Act. Part 2 Physiotherapists Board of Queensland Division 1 Establishment and functions 9 Establishment of board (1) The Physiotherapists Board of Queensland is established. (2) The board— (a) is a body corporate; and (b) has a common seal; and (c) may sue and be sued in its corporate name. 10 Board’s relationship with the State The board does not represent the State.

s 11 14 s 11 Physiotherapists Registration Act 2001 11 Functions of board The board has the following functions— (a) to assess applications for registration; (b) to register persons who satisfy the requirements for registration; (c) to monitor, and assess, whether registrants comply with any conditions of registration; (d) to keep a register of, and records relating to, registrants; (e) to promote high standards of practice of the profession by registrants; (f) to develop or adopt programs for the continuing professional education of registrants, and encourage their participation in the programs; (g) to develop or adopt training programs in the practice of the profession that are relevant to a person’s eligibility for registration; Example of training programs — refresher courses for persons who have not practised the profession for a number of years (h) to confer and cooperate with interstate regulatory authorities; (i) to confer and cooperate with entities engaged in the development of national policies about the regulation of the profession; (j) to confer and cooperate with the following entities about the education of persons in the practice of the profession— (i) educational institutions; (ii) entities responsible for accrediting courses, or accrediting institutions to educate persons, for the profession; (k) to inform registrants and the public about the operation of the legislative scheme in its application to the profession;

s 12 15 s 13 Physiotherapists Registration Act 2001 (l) to examine, and advise the Minister about, the operation of the legislative scheme in its application to the profession; (m) to monitor, and enforce, compliance with this Act; (n) to undertake research, relevant to the legislative scheme, into the regulation of the profession; (o) to collect, and give to persons, information about the practice of the profession by registrants; Example of information about the practice of the profession by registrants — the languages, other than English, spoken by registrants (p) to perform other functions given to the board under this or another Act. Example for paragraph (p) — Under the Health Practitioners (Professional Standards) Act 1999 , section 374, the board may develop codes of practice, or adopt another entity’s code of practice, to provide guidance to registrants as to appropriate professional conduct or practice. 12 Board’s independence etc. In performing its functions, the board is to act independently, impartially and in the public interest. 13 Powers of board (1) The board has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) enter into service agreements; and (c) acquire, hold, dispose of, and deal with, property; and (d) appoint agents and attorneys; and (e) engage consultants; and (f) fix charges, and other terms, for services and other facilities it supplies; and

s 14 16 s 14 Physiotherapists Registration Act 2001 (g) do anything else necessary or convenient to be done for, or in connection with, its functions. (2) This section does not authorise the board to obtain administrative and operational support other than as required by the Health Practitioner Registration Boards (Administration) Act 1999 . (3) Without limiting subsection (1), the board has the powers given to it under this or another Act. (4) The board may exercise its powers inside or outside Queensland. (5) Without limiting subsection (4), the board may exercise its powers outside Australia. 14 Delegation by board (1) The board may delegate its powers under this Act to— (a) a member; or (b) a committee of the board consisting of appropriately qualified persons, 1 of whom must be a member; or (c) the executive officer; or (d) with the agreement of the executive officer—an appropriately qualified member of the office’s staff. (2) However, the board may not delegate its power under this Act— (a) to decide to refuse to register an applicant for registration; or (b) to decide to refuse to renew a renewable registration; or (c) to decide to refuse to restore a renewable registration; or (d) to decide to cancel a registration; or (e) to decide to remove conditions on a registration; or (f) to enter into a service agreement. (3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

s 15 17 s 15 Physiotherapists Registration Act 2001 Example of standing for a member of the office’s staff — the staff member’s classification level in the office Division 2 Membership 15 Membership of board (1) The board consists of at least 7, but not more than 11, members appointed by the Governor in Council. (2) The board must include— (a) persons who are general registrants (the registrant members ); and (b) persons (the public members ) having an interest in, and knowledge of, consumer health issues who are not, and have not been— (i) registered under a health practitioner registration Act or an earlier corresponding Act; or (ii) registered or enrolled under the Nursing Act 1992 or an earlier corresponding Act; or (iii) registered or enrolled under a law applying, or that applied, in another State or foreign country that provides, or provided, for the same matter as a health practitioner registration Act or the Nursing Act 1992 or a provision of the Act; and (c) 1 lawyer nominated by the Minister. (3) Also, the Minister may nominate persons who do not belong to the categories of persons mentioned in subsection (2) to be members. (4) A majority of the members must be registrant members. (5) In this section— earlier corresponding Act , in relation to a health practitioner registration Act, means an earlier Act that provided for the same matter as the health practitioner registration Act or a provision of the health practitioner registration Act.

s 16 18 s 18 Physiotherapists Registration Act 2001 earlier corresponding Act , in relation to the Nursing Act 1992 , means an earlier Act that provided for the same matter as the Nursing Act 1992 or a provision of the Nursing Act 1992 . 16 Registrant members The registrant members must consist of— (a) at least 2 general registrants nominated by the bodies the Minister considers represent the interests of registrants; and (b) if there are educational institutions established in the State—1 general registrant nominated by the governing bodies of the institutions chosen by the Minister; and (c) at least 1 general registrant nominated by the Minister. 17 Public members The public members must consist of— (a) at least 1 person nominated by community groups and other entities the Minister considers have an interest in consumer health issues; and (b) at least 1 other person nominated by the Minister. 18 Certain nominee board members (1) This section applies for the nomination of a person or persons for a position or positions on the board under section 16(a) or (b) or 17(a). (2) The Minister must give the entities who may make the nomination notice stating a reasonable period within which they may nominate the person or persons for the position or positions. (3) The Minister may in the notice ask the entities to nominate more than the required number of persons for the position or positions.

s 19 19 s 19 Physiotherapists Registration Act 2001 (4) Subject to subsections (5) and (6), if the entities nominate more than the required number of persons for the position or positions— (a) the Minister must choose the nominee or nominees for the position or positions from the nominations; and (b) the person or persons chosen are taken to be the nominee or nominees, under the relevant provision mentioned in subsection (1), for the position or positions. (5) Subsection (6) applies if— (a) the entities do not nominate a person or persons for the position or positions within the period stated in the notice; or (b) the entities nominate a number of persons for the position or positions that is less than the number requested by the Minister under subsection (3); or (c) the person or any of the persons nominated by the entities are not eligible to be appointed to the position or positions concerned. (6) The Minister must nominate a person or persons eligible to be appointed to the position or positions and the nomination or nominations are taken to have been made by the entities. (7) To remove doubt, if subsection (5)(b) applies, it is declared that a nomination under subsection (6) may be of, or include, a person or persons nominated by the entities. 19 Chairperson and deputy chairperson of board (1) The Governor in Council is to appoint a registrant member to be the chairperson, and another registrant member to be the deputy chairperson, of the board. (2) A person may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a member. (3) The chairperson or deputy chairperson holds office for the term decided by the Governor in Council, unless the person’s

s 20 20 s 22 Physiotherapists Registration Act 2001 term of office as a member ends sooner than the person’s term of office as chairperson or deputy chairperson. (4) A vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or ceases to be a registrant member. (5) However, a person resigning the office of chairperson or deputy chairperson may continue to be a member. (6) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. 20 Term of appointment A member is to be appointed for a term of not more than 4 years. 21 Disqualification from membership (1) A person can not become, or continue as, a member if the person— (a) is affected by bankruptcy action; or (b) is, or has been, convicted of an indictable offence; or (c) is, or has been, convicted of an offence against this Act. (2) For subsection (1)(a), a person is affected by bankruptcy action if the person— (a) is bankrupt; or (b) has compounded with creditors; or (c) as a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy. 22 Vacation of office (1) A member is taken to have vacated office if the member—

s 23 21 s 24 Physiotherapists Registration Act 2001 (a) resigns his or her position on the board by signed notice of resignation given to the Minister; or (b) can not continue as a member under section 21; or (c) is absent without the board’s permission from 3 consecutive meetings of the board of which due notice has been given. (2) Also, a member is taken to have vacated office in any of the following circumstances— (a) if the member is a registrant member—the member stops being a general registrant; (b) if the member is a public member—the member stops being a person mentioned in section 15(2)(b); (c) if the member was nominated, for membership of the board, under section 15(2)(c)—the member stops being a lawyer. (3) In this section— meeting means the following— (a) if the member does not attend—a meeting with a quorum present; (b) if the member attends—a meeting with or without a quorum present. 23 When notice of resignation takes effect A notice of resignation under section 19(4) or 22(1)(a) takes effect when the notice is given to the Minister or, if a later time is stated in the notice, the later time. 24 Leave of absence for a member (1) The Minister may approve a leave of absence for a member (the approved absent member ) of more than 3 months. (2) The Minister may appoint another person to act in the office of the approved absent member while the member is absent on the approved leave.

s 25 22 s 28 Physiotherapists Registration Act 2001 (3) A person appointed under subsection (2) must belong to the same category of persons mentioned in section 15(2) or (3) to which the approved absent member belongs. (4) If the approved absent member is the deputy chairperson, the Minister may appoint another registrant member to act in the deputy chairperson’s office while the deputy chairperson is absent on the approved leave. 25 Effect of vacancy in membership of board (1) Subsection (2) applies despite sections 15 to 17. (2) The performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the membership of the board. 26 Remuneration of members A member is entitled to be paid the fees and allowances decided by the Governor in Council. Division 3 Board business 27 Conduct of business Subject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate. 28 Times and places of meetings (1) Board meetings are to be held at the times and places the chairperson decides. (2) However, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least the number of members forming a quorum for the board.

s 29 23 s 31 Physiotherapists Registration Act 2001 29 Quorum A quorum for the board is the number equal to one-half of the number of its members or, if one-half is not a whole number, the next highest whole number. 30 Presiding at meetings (1) The chairperson is to preside at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent from a board meeting, but the deputy chairperson is present, the deputy chairperson is to preside. (3) If the chairperson and deputy chairperson are both absent from a board meeting or the offices are vacant, a registrant member chosen by the members present is to preside. 31 Conduct of meetings (1) A question at a board meeting is decided by a majority of the votes of the members present. (2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote. (3) A member present at the meeting who abstains from voting is taken to have voted for the negative. (4) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting. Example of technology allowing reasonably contemporaneous and continuous communication — teleconferencing (5) A member who takes part in a board meeting under subsection (4) is taken to be present at the meeting. (6) A resolution is validly made by the board, even if it is not passed at a board meeting, if—

s 32 24 s 33 Physiotherapists Registration Act 2001 (a) a majority of the board members gives written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. 32 Minutes (1) The board must keep— (a) minutes of its meetings; and (b) a record of any resolutions made under section 31(6). (2) Subsection (3) applies if a resolution is passed at a board meeting by a majority of the members present. (3) If asked by a member who voted against the passing of the resolution, the board must record in the minutes of the meeting that the member voted against the resolution. Division 4 Board committees 33 Committees (1) The board may establish committees of the board for effectively and efficiently performing its functions. (2) A committee may include a person who is not a member of the board. (3) The board is to decide the terms of reference of a committee. (4) The functions of a committee are to— (a) advise and make recommendations to the board about matters, within the scope of the board’s functions, referred by the board to the committee; and (b) exercise powers delegated to it by the board. 1 (5) A committee must keep a record of the decisions it makes when exercising a power delegated to it by the board. 1 See section 14 for the board’s power of delegation.

s 34 25 s 35 Physiotherapists Registration Act 2001 (6) The board may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings. 34 Remuneration of committee members A committee member is entitled to be paid the fees and allowances decided by the Governor in Council. Division 5 Disclosure of interests by board members and committee members 35 Disclosure of interests (1) This section applies to a board or committee member (the interested person ) if— (a) the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the board or committee; and (b) the interest could conflict with the proper performance of the person’s duties about the consideration of the issue. (2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a board or committee meeting. (3) Unless the board or committee otherwise directs, the interested person must not— (a) be present when the board or committee considers the issue; or (b) take part in a decision of the board or committee about the issue. (4) The interested person must not be present when the board or committee is considering whether to give a direction under subsection (3). (5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not—

s 36 26 s 36 Physiotherapists Registration Act 2001 (a) be present when the board or committee is considering whether to give a direction under subsection (3) about the interested person; or (b) take part in making the decision about giving the direction. (6) If— (a) because of this section, a board or committee member is not present at a board or committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present; the remaining persons present are a quorum of the board or committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (7) A disclosure under subsection (2) must be recorded in the board’s or committee’s minutes. (8) If the interested person is a registrant member, the person does not have a direct or indirect interest in an issue if the interest arises merely because the person is a registrant. Division 6 Directions by Minister 36 Minister’s power to give directions in the public interest (1) The Minister may give the board a written direction about a matter relevant to the performance of its functions under this Act if the Minister is satisfied it is necessary to give the direction in the public interest. (2) Without limiting subsection (1), the direction may be to— (a) give reports and information; or (b) apply to the board a policy, standard or other instrument applying to a public sector unit. (3) The direction can not be about—

s 37 27 s 37 Physiotherapists Registration Act 2001 (a) the registering of, or refusal to register, an applicant for registration; or (b) the renewing of, or refusal to renew, a renewable registration; or (c) the restoring of, or refusal to restore, a renewable registration; or (d) the cancelling of a registration; or (e) the imposing, or removal, of conditions on a registration. (4) Despite section 12, the board must comply with the direction. Division 7 Annual reports 37 Matters to be included in annual report (1) The board’s annual report under the Financial Accountability Act 2009 for a financial year must include the following— (a) copies of all ministerial directions given to the board under section 36 during the financial year; (b) the number of registrants at the end of the financial year; (c) details of the amount of the board’s funds spent, in the financial year, on investigations and inspections under part 5; (d) details of the amount of the board’s funds spent, in the financial year, on developing or adopting training programs in the practice of the profession that are relevant to a person’s eligibility for registration; (e) details of the amount of the board’s funds spent in the financial year on research, relevant to the legislative scheme, into the regulation of the profession; (f) details of any policies or programs developed, or initiatives taken, by the board in the financial year for the general benefit of users of registrants’ services.

s 38 28 s 41 Physiotherapists Registration Act 2001 (2) However, the board must exclude from the copies mentioned in subsection (1)(a) all information likely to identify a person mentioned in the direction. Division 8 Other provisions about the board 38 Board is statutory body under the Financial Accountability Act 2009 The board is a statutory body under the Financial Accountability Act 2009 . 39 Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982 (1) The board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . 40 Board’s common seal The board’s common seal is to be kept in the custody of a person nominated by the board and may be used only as authorised by the board. Part 3 Registration Division 1 Preliminary 41 Who may apply for registration Only an individual may apply for registration.

s 42 29 s 43 Physiotherapists Registration Act 2001 Division 2 Applications for general registration Subdivision 1 Applications 42 Procedural requirements for applications (1) An application for general registration must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by— (i) satisfactory evidence of relevant qualifications; and (ii) the application fee prescribed under a regulation (the application fee ); and (iii) the registration fee prescribed under a regulation (the registration fee ); and (iv) any other documents, identified in the approved form, the board reasonably requires; and (v) if the applicant is registered under a corresponding law, written details of any conditions of the registration. (2) The approved form may require the disclosure of the applicant’s criminal history. (3) If the approved form requires the disclosure of the applicant’s criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. Subdivision 2 Eligibility for general registration 43 Eligibility (1) An applicant for general registration is eligible for general registration if—

s 44 30 s 44 Physiotherapists Registration Act 2001 (a) the applicant is qualified for general registration under section 44; and (b) the applicant is fit to practise the profession. (2) Without limiting subsection (1), the board may be satisfied the applicant is eligible for general registration by imposing conditions on the registration under section 57. 44 When applicant is qualified for general registration (1) An applicant for general registration is qualified for general registration if— (a) the applicant has a qualification prescribed under a regulation; or (b) the applicant has a qualification that is substantially equivalent to, or based on similar competencies to that required for, a current Australian or New Zealand qualification; or (c) the applicant has passed a qualifying examination in the profession set by or for, or recognised by, the board. (2) In deciding whether subsection (1)(b) is satisfied, the board may have regard to the following— (a) the advice and recommendations of— (i) an entity recognised by the board as competent to assess qualifications in the profession; or (ii) an entity responsible for accrediting courses, or accrediting institutions to educate persons, for the profession; (b) the attributes of the course leading to the applicant’s qualification; Example of attributes of a course — the course objectives and competencies (c) any other relevant issue. (3) In this section— current Australian or New Zealand qualification means an Australian or New Zealand qualification, mentioned in a

s 45 31 s 45 Physiotherapists Registration Act 2001 regulation made under subsection (1)(a), that may be conferred or awarded as a result of the successful completion of a course offered, at the date of the applicant’s application for general registration, by the educational institution mentioned in relation to the qualification. 45 Fitness to practise the profession (1) In deciding whether an applicant for general registration is fit to practise the profession, the board may have regard to the following— (a) the applicant’s mental and physical health; (b) the applicant’s command of the English language; (c) the applicant’s criminal history; (d) if the applicant has been registered under this Act or the repealed Act or is, or has been, registered under a corresponding law and the registration was affected— (i) by the imposition of a condition—the nature of the condition and the reason for its imposition; or (ii) by its suspension or cancellation—the reason for its suspension or cancellation; or (iii) in another way—the way it was affected and the reason for it being affected; (e) if the qualification relied on by the applicant to obtain registration was conferred or awarded on a day (the qualification day ) that is more than 3 years before the date of application, the nature, extent and period of any practice of the profession by the applicant since the qualification day; (f) any other issue relevant to the applicant’s ability to competently and safely practise the profession. (2) When having regard to the applicant’s criminal history under subsection (1)(c), the board must have particular regard to the following— (a) any conviction of the applicant for an indictable offence;

s 46 32 s 46 Physiotherapists Registration Act 2001 (b) any conviction of the applicant for an offence against the repealed Act, this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (c) any conviction of the applicant for an offence, relating to the practice of the profession— (i) against the Health Act 1937 or the Fair Trading Act 1989 ; or (ii) against another law applying, or that applied, in the State, the Commonwealth, another State or a foreign country. (3) For subsection (1)(e)— (a) the passing of an examination mentioned in section 44(1)(c) is taken to be a qualification; and (b) the day the examination was passed is taken to be the qualification day. (4) The board may ask the commissioner of the police service for a written report about the applicant’s criminal history. (5) If asked by the board, the commissioner of the police service must give the board a written report about the criminal history of the applicant, including the criminal history in the commissioner’s possession or to which the commissioner has access. (6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the report. Subdivision 3 Inquiries into applications 46 Board’s powers before deciding applications (1) Before deciding the application, the board— (a) may investigate the applicant; and (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information

s 46 33 s 46 Physiotherapists Registration Act 2001 or a document the board reasonably requires to decide the application; and (c) may, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and (d) may, by notice given to the applicant, require the applicant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess the applicant’s ability to competently and safely practise the profession. (4) The purpose of an assessment under subsection (1)(d) must be to assess the applicant’s mental and physical capacity to competently and safely practise the profession. (5) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) does not comply with a requirement under subsection (1)(b); or (b) does not undergo an examination under subsection (1)(c); or (c) does not undergo an assessment under subsection (1)(d). (6) A notice under subsection (1)(b), (c) or (d) must be given to the applicant within 60 days after the board receives the application. (7) Also, a notice under subsection (1)(d) must state— (a) the reason for the assessment; and (b) the name and qualifications of the person appointed by the board to conduct the assessment; and (c) the place where, and the day and time at which, the assessment is to be conducted.

s 47 34 s 48 Physiotherapists Registration Act 2001 47 Appointment of appropriately qualified person to conduct health assessment (1) This section applies if the board believes it is necessary for the applicant to undergo a health assessment under section 46(1)(d). (2) The board may appoint 1 or more appropriately qualified persons to conduct the assessment, in whole or part. (3) At least 1 of the persons appointed to conduct the assessment must be a medical practitioner. (4) If the board considers it relevant to the assessment, it may disclose the applicant’s criminal history to a person appointed to conduct the assessment. (5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (6) Before appointing a person to conduct a health assessment, the board must be satisfied the person does not have a personal or professional connection with the applicant that may prejudice the way in which the person conducts the assessment. (7) In this section— appropriately qualified , for a medical practitioner or other person conducting a health assessment, includes having the qualifications, experience, skills or knowledge appropriate to conduct the assessment. 48 Report about health assessment (1) A person appointed under section 47 to conduct all or part of a health assessment of the applicant must prepare a report about the assessment (an assessment report ). (2) The assessment report must include— (a) the person’s findings as to the applicant’s mental and physical capacity to competently and safely practise the profession; and (b) if the person finds the applicant does not have the mental and physical capacity to practise the profession, the person’s recommendations as to any conditions that

s 49 35 s 50 Physiotherapists Registration Act 2001 could be imposed on the applicant’s registration as a general registrant to overcome the incapacity. (3) The person must give the assessment report to the board. 49 Use of assessment report (1) An assessment report is not admissible in any proceedings, other than stated proceedings. (2) A person can not be compelled to produce the report, or to give evidence relating to the report or its contents, in any proceedings, other than stated proceedings. (3) Subsections (1) and (2) do not apply if the report is admitted or produced, or evidence relating to the report or its contents is given, with the consent of the person who prepared the report and the person to whom the report relates. (4) In this section— assessment report includes a copy of the report, or a part of the report or copy. proceedings under the Health Practitioners (Professional Standards) Act 1999 includes a health assessment of a registrant by a health assessment committee under that Act. stated proceedings means— (a) a review of conditions under division 7; or (b) a review by QCAT under part 6; or (c) proceedings under the Health Practitioners (Professional Standards) Act 1999 , not including proceedings for an offence against that Act. 50 Payment for health assessments and reports A person who conducts a health assessment and prepares an assessment report for the board is entitled to be paid for his or her work by the board.

s 51 36 s 53 Physiotherapists Registration Act 2001 Subdivision 4 Decision on applications 51 Decision The board must consider the application and decide to register, or refuse to register, the applicant as a general registrant. 52 Steps to be taken after application decided (1) If the board decides to register the applicant as a general registrant, it must as soon as practicable issue a certificate of general registration to the applicant. (2) If the board decides to refuse to register the applicant as a general registrant, it must as soon as practicable give the applicant an information notice about the decision. 53 Failure to decide applications (1) Subject to subsections (2) and (3), if the board fails to decide the application within 60 days after its receipt, the failure is taken to be a decision by the board to refuse to register the applicant as a general registrant. (2) Subsection (3) applies if the board has— (a) under section 46(1)(b), required the applicant to give the board further information or a document; or (b) under section 46(1)(c), required the applicant to undergo an examination; or (c) under section 46(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to refuse to register the applicant as a general registrant if it fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination;

s 54 37 s 54 Physiotherapists Registration Act 2001 (c) the day that is 60 days after the board receives the assessment report. (4) This section does not apply if the applicant is registered as a provisional general registrant. 2 (5) This section is subject to section 54. 54 Further consideration of applications (1) This section applies if the board considers it needs further time to make a decision on the application because of the complexity of the matters that need to be considered in deciding the application. Example of an application for general registration that may require the consideration of complex matters — an application requiring the board to obtain and consider information about the applicant from a foreign regulatory authority (2) The board may at any time before the final consideration day give notice to the applicant that— (a) because of the complexity of the matters that need to be considered in deciding the application, the board needs further time to decide the application; and (b) the period within which the board must decide the application is extended to a day (the extended day ) that is 60 days after the final consideration day. (3) Also, the applicant and board may at any time before the final consideration day agree in writing on a day (the agreed extended day ) by which the application is to be decided. (4) The board is taken to have decided to refuse to register the applicant as a general registrant if it does not decide the application by— (a) if subsection (2) applies—the extended day; or (b) if subsection (3) applies—the agreed extended day; or 2 If the applicant is registered as a provisional general registrant, section 67 states when the board is taken to have decided to refuse to register the applicant as a general registrant.

s 55 38 s 55 Physiotherapists Registration Act 2001 (c) if both subsections (2) and (3) apply—the later of the extended day or agreed extended day. (5) Subsection (4) does not apply if the applicant is registered as a provisional general registrant. 3 (6) In this section— final consideration day means the latest of the following days— (a) the day that is 60 days after receipt of the application; (b) if the board has, under section 46(1)(b), required the applicant to give the board further information or a document—the day that is 60 days after the board receives the further information or document; (c) if the board has, under section 46(1)(c), required the applicant to undergo an examination—the day that is 60 days after the board receives the results of the examination; (d) if the board has, under section 46(1)(d), required the applicant to undergo a health assessment—the day that is 60 days after the board receives the assessment report. Subdivision 5 Information in certificates of general registration 55 Forms of certificates of general registration (1) A certificate of general registration must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the registrant’s name; 3 If the applicant is registered as a provisional general registrant, section 67 states when the board is taken to have decided to refuse to register the applicant as a general registrant.

s 56 39 s 57 Physiotherapists Registration Act 2001 (b) the period of the registration; (c) any conditions of registration. Subdivision 6 Period of general registration 56 Period (1) The period of registration that is to apply to general registrants is the period (the general registration period ), not more than 3 years, prescribed under a regulation. (2) If the board decides to register an applicant for general registration as a general registrant during a general registration period, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the general registration period. (3) This section does not apply to a short-term registration. Subdivision 7 Conditions of general registration 57 Imposition of conditions by board (1) The board may decide to register an applicant for general registration as a general registrant on conditions the board considers necessary or desirable for the applicant to competently and safely practise the profession. Examples of conditions of general registration — 1 a condition that a general registrant only practise the profession under the supervision of another general registrant 2 a condition prohibiting a general registrant engaging in stated procedures related to the practice of the profession (2) If the board decides to register an applicant for general registration as a general registrant on conditions, it must as soon as practicable—

s 58 40 s 59 Physiotherapists Registration Act 2001 (a) also decide the review period applying to the conditions; 4 and (b) give the applicant an information notice about the decisions. (3) If the board decides to register an applicant for general registration as a general registrant on conditions because of the applicant’s mental and physical health, it must also decide whether details of the conditions must be recorded in the register for the period for which the conditions are in force. (4) The board must decide not to record details of the conditions mentioned in subsection (3) in the register unless it reasonably believes it is in the interests of users of the registrant’s services or the public to know the details. 58 Contravention of conditions A general registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. Division 3 Provisional general registration 59 Meaning of authorised person for div 3 (1) In this division— authorised person means any of the following persons who are authorised by the board to decide to register a person as a provisional general registrant— (a) the executive officer; (b) a member; (c) a member of the office’s staff. (2) An authority mentioned in subsection (1) may be limited by reference to specified conditions, exceptions or factors. 4 The conditions may be reviewed under division 7 (Reviewing conditions of general registrations).

s 60 41 s 60 Physiotherapists Registration Act 2001 60 Provisional general registration of a person (1) Subsection (2) applies if an authorised person reasonably considers— (a) an applicant for general registration is eligible for the registration without conditions; and (b) because of the period before the board is likely to consider the application in the ordinary course of its business, it is not reasonable for the applicant to have to wait for the board to consider the application. (2) The authorised person may decide to register the applicant as a provisional general registrant. (3) Subsection (4) applies if an authorised person or the board— (a) reasonably considers, subject to an applicant for general registration giving the board further evidence of the applicant’s relevant qualification, the applicant is eligible for the registration without conditions; or (b) reasonably considers— (i) an applicant for general registration would be eligible for general registration without conditions, other than for the fact that the relevant qualification relied on by the applicant has not been conferred on, or awarded to, the applicant; and (ii) the applicant is entitled to have the relevant qualification conferred on, or awarded to, him or her. (4) The authorised person or board may decide to register the applicant as a provisional general registrant. (5) If the authorised person or board decides to register the applicant as a provisional general registrant, the authorised person or board must as soon as practicable issue a certificate of provisional general registration to the applicant. (6) An authorised person or the board may not decide to register a person as a provisional general registrant on conditions.

s 61 42 s 63 Physiotherapists Registration Act 2001 61 Confirmation or cancellation of provisional general registration (1) If an authorised person decides to register an applicant for general registration as a provisional general registrant, the authorised person must as soon as practicable report to the board about the basis for the authorised person’s decision. (2) The board must consider the report and decide whether to confirm or cancel the provisional general registration. (3) In making its decision, the board must consider whether the authorised person should have decided to register the applicant as a provisional general registrant. (4) If the board decides to cancel the provisional general registration, it must as soon as practicable give the applicant notice of its decision. 62 Procedure after cancellation of provisional general registration (1) This section applies if the board decides, under section 61, to cancel a person’s provisional general registration. (2) The notice of cancellation must include the reason for the decision. (3) The decision takes effect on the day the notice is given to the person. (4) The person must return the certificate of provisional general registration to the board within 14 days after receiving the notice, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (5) Even though the board decides to cancel a person’s provisional general registration, it must still consider the person’s application for general registration. 63 Form of certificate of provisional general registration (1) A certificate of provisional general registration must be in the approved form.

s 64 43 s 66 Physiotherapists Registration Act 2001 (2) The approved form must provide for the inclusion of the following— (a) the registrant’s name; (b) the period of the registration. 64 Period The provisional general registration of a person remains in force for the period, not more than 12 months, decided by the authorised person or board when deciding to register the person as a provisional general registrant. 65 Board decides to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant; and (b) the board decides to register the person as a general registrant. (2) The provisional general registration is cancelled when the person receives a certificate of general registration under section 52(1). (3) The general registration is taken to have started from the day the person was registered as a provisional general registrant. 66 Board decides to refuse to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant; and (b) the board decides to refuse to register the person as a general registrant. (2) The provisional general registration is cancelled when an information notice about the decision is given to the person under section 52(2).

s 67 44 s 68 Physiotherapists Registration Act 2001 (3) The person must return the certificate of provisional general registration to the board within 14 days after receiving the information notice, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 67 Deemed refusal by board to register provisional general registrant as a general registrant (1) This section applies if— (a) a person is a provisional general registrant; and (b) other than for section 53(4) or 54(5), the board would have been taken to have decided to refuse to register the person as a general registrant. (2) The board is taken to have decided to refuse to register the person as a general registrant on the expiry of the provisional general registration. Division 4 Renewal of general registrations Subdivision 1 Preliminary 67A Non-application of div 4 to short-term registration This division does not apply to a short-term registration. 68 Meaning of recency of practice requirements (1) Recency of practice requirements are requirements, prescribed under a regulation, that if satisfied demonstrate that an applicant for renewal of a general registration has maintained an adequate connection with the profession. (2) The requirements may include requirements about the following— (a) the nature, extent and period of practice of the profession by the applicant;

s 69 45 s 70 Physiotherapists Registration Act 2001 (b) the nature and extent of any continuing professional education undertaken by the applicant; (c) the nature and extent of any research, study or teaching, relating to the profession, undertaken by the applicant; (d) the nature and extent of any administrative work, relating to the profession, performed by the applicant. Subdivision 2 Applications for renewal of general registrations 69 Notification of imminent expiry of registration The board must give a general registrant notice of the imminent expiry of the registration at least 60 days before the expiry. 70 Procedural requirements for applications (1) A general registrant may apply to the board for the renewal of the registration. (2) The application may only be decided by the board if it is received within the period— (a) starting— (i) 60 days before the expiry of the registration; or (ii) on an earlier day, if any, stated in the notice given to the registrant under section 69; and (b) ending immediately before the expiry. (3) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the registration fee; and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application.

s 71 46 s 71 Physiotherapists Registration Act 2001 (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. (5) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the applicant’s ability to competently and safely practise the profession; 5 (b) if there are recency of practice requirements relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 71 General registration taken to be in force while application is considered (1) If an application is made under section 70, the applicant’s general registration is taken to continue in force from the day it would, apart from this section, have expired until— (a) if the board decides to renew the applicant’s general registration—the day a new certificate of general registration is issued to the applicant under section 75(1); or (b) if the board decides to refuse to renew the applicant’s general registration—the day an information notice about the decision is given to the applicant under section 75(2); or (c) if the application is taken to have been withdrawn under section 72(4)—the day it is taken to have been withdrawn. (2) Subsection (1) does not apply if the registration is earlier cancelled under this Act or suspended or cancelled under the Health Practitioners (Professional Standards) Act 1999 . 5 If this information indicates to the board that the applicant may be an impaired registrant under the Health Practitioners (Professional Standards) Act 1999 , the applicant may be dealt with under that Act.

s 72 47 s 73 Physiotherapists Registration Act 2001 Subdivision 3 Decision on applications 72 Inquiries into applications (1) Before deciding the application, the board— (a) may investigate the applicant; and (b) may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application; and (c) may, if the board is not satisfied the applicant has satisfied recency of practice requirements, by notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) The purpose of an examination under subsection (1)(c) must be to assess any effect the applicant’s non-satisfaction of the requirements has on the applicant’s ability to competently and safely practise the profession. (4) The applicant is taken to have withdrawn the application if, within the stated time, the applicant— (a) does not comply with a requirement under subsection (1)(b); or (b) does not undergo an examination under subsection (1)(c). 73 Decision (1) The board must consider the application and decide to renew, or refuse to renew, the applicant’s general registration.

s 74 48 s 74 Physiotherapists Registration Act 2001 (2) In making its decision, the board must have regard only to the extent, if any, to which the applicant has satisfied recency of practice requirements. 6 (3) If there are no recency of practice requirements relevant to the applicant, the board must decide to renew the applicant’s general registration. 74 Recency of practice requirements are not satisfied (1) This section applies if the board is not satisfied the applicant has satisfied recency of practice requirements. (2) The board may decide to renew the applicant’s general registration on conditions ( recency of practice conditions ) the board considers will sufficiently address the extent to which the applicant has not satisfied the requirements. (3) Before deciding to renew the registration on recency of practice conditions, the board must— (a) give notice to the applicant— (i) of the details of the proposed conditions; and (ii) of the reason for the proposed imposition of the conditions; and (iii) that the applicant may make a written submission to the board about the proposed conditions within a reasonable time of at least 14 days stated in the notice; and (b) have regard to any written submission made to the board by the applicant before the stated day. (4) If the board decides to renew the registration on recency of practice conditions, it must as soon as practicable— (a) also decide the review period applying to the conditions; 7 and 6 Under section 74(2), the board may decide to renew the registration on recency of practice conditions if the board is not satisfied the applicant has satisfied recency of practice requirements. 7 The conditions may be reviewed under division 7 (Reviewing conditions of general registrations).

s 75 49 s 76 Physiotherapists Registration Act 2001 (b) give the applicant an information notice about the decisions. (5) The imposition of the conditions takes effect on the later of the following— (a) when the information notice is given to the applicant; (b) immediately after the day the registration would have expired, other than for its renewal. 75 Steps to be taken after application decided (1) If the board decides to renew the applicant’s general registration, it must as soon as practicable issue a new certificate of general registration to the applicant. (2) If the board decides to refuse to renew the applicant’s general registration, it must as soon as practicable give the applicant an information notice about the decision. (3) Without affecting section 74(2), if the board decides to renew the applicant’s general registration, the renewed general registration is subject to the conditions attaching to the registration immediately before the decision takes effect. 8 Division 5 Restoration of general registrations 75A Non-application of div 5 to short-term registration This division does not apply to a short-term registration. 76 Application of div 4, sdivs 1 and 3 For restoring a general registration, division 4, subdivisions 1 and 3, other than sections 74(5) and 75(3), apply as if— (a) an application for renewal of a general registration were an application for restoration of a general registration; and 8 The conditions may include conditions imposed under the Health Practitioners (Professional Standards) Act 1999 .

s 77 50 s 78 Physiotherapists Registration Act 2001 (b) an applicant for renewal of a general registration were an applicant for restoration of a general registration; and (c) a renewal of a general registration were a restoration of a general registration. 77 When an application for restoration of a general registration may be made If a person’s general registration has expired, the person may apply to the board for restoration of the registration within 3 months after the expiry. 78 Procedural requirements for applications (1) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the restoration fee prescribed under a regulation (the restoration fee ); and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. (3) The approved form must require the applicant to state the following— (a) whether the applicant suffers from any ongoing medical condition, of which the applicant is aware, that the applicant knows or ought reasonably to know adversely affects the applicant’s ability to competently and safely practise the profession; 9 9 If this information indicates to the board that the applicant may be an impaired registrant under the Health Practitioners (Professional Standards) Act 1999 , the applicant may be dealt with under that Act.

s 79 51 s 82 Physiotherapists Registration Act 2001 (b) if there are recency of practice requirements relevant to the applicant, details of the extent to which the applicant has satisfied the requirements. 79 Period of restored registration If the board decides to restore the applicant’s general registration during a general registration period, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the general registration period. 80 Conditions of expired registration Without affecting section 74(2), as applied by section 76, if the board decides to restore the applicant’s general registration, the registration is subject to the conditions attaching to the registration immediately before its expiry. 81 When recency of practice conditions take effect If the board decides to restore the applicant’s general registration on recency of practice conditions, the imposition of the conditions takes effect when the information notice about the decision is given by the board to the applicant. Division 6 Cancellation of general registrations 82 Grounds for cancellation A general registration may be cancelled, under this division, on the following grounds— (a) the registration happened because the board was given, by the registrant or someone else, information or a document that—

s 83 52 s 85 Physiotherapists Registration Act 2001 (i) was materially false, within the meaning given by section 210(1), at the time it was given; or (ii) became materially false, within the meaning given by section 210(1), after it was given; (b) the registrant ceases to have, or does not have, the qualifications necessary for registration. 83 Show cause notice (1) If the board believes the ground exists to cancel a general registration, the board must before taking action to cancel the registration give the registrant a notice (a show cause notice ). (2) The show cause notice must— (a) state the board proposes to cancel the registration; and (b) state the ground for the proposed cancellation; and (c) outline the facts and circumstances forming the basis for the ground; and (d) invite the registrant to show within a stated period (the show cause period ) why the registration should not be cancelled. (3) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the registrant. 84 Representations about show cause notices (1) The registrant may make written representations about the show cause notice to the board in the show cause period. (2) The board must consider all written representations (the accepted representations ) made under subsection (1). 85 Ending show cause process without further action (1) This section applies if, after considering the accepted representations for the show cause notice, the board no longer believes the ground exists to cancel the registration. (2) The board must not take any further action about the show cause notice.

s 86 53 s 87 Physiotherapists Registration Act 2001 (3) The board must also as soon as practicable after coming to the belief give notice to the registrant that no further action is to be taken about the show cause notice. 86 Cancellation (1) This section applies if, after considering the accepted representations for the show cause notice, the board— (a) still believes the ground exists to cancel the registration; and (b) believes cancellation of the registration is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The board may decide to cancel the registration. (4) If the board decides to cancel the registration, it must as soon as practicable give the registrant an information notice about the decision. (5) The decision takes effect on the day the information notice is given to the registrant. 87 Return of cancelled certificate of general registration to board (1) This section applies if the board decides to cancel a general registration and gives an information notice for the decision to the registrant. (2) The registrant must return the certificate of general registration to the board within 14 days after receiving the information notice, unless the registrant has a reasonable excuse. Maximum penalty for subsection (2)—10 penalty units.

s 88 54 s 90 Physiotherapists Registration Act 2001 Division 7 Reviewing conditions of general registrations Subdivision 1 Review of conditions imposed by the board or QCAT 88 Review of conditions Conditions imposed on a general registration under this Act may be reviewed under this division. 89 How registrant may start a review (1) The registrant to whom the conditions relate may apply to the board for a review of the conditions. (2) However, the application must not be made— (a) during the review period applying to the conditions; or (b) while a review by QCAT of the decision to impose the conditions is pending. (3) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. (4) The approved form must require the registrant to state— (a) that the registrant believes the conditions are no longer appropriate; and (b) the reason for the registrant’s belief. (5) The board must consider the application and make a decision under section 94. 90 Review of conditions during review period (1) This section applies if, during the review period applying to the conditions, the board reasonably believes the conditions may no longer be appropriate.

s 91 55 s 91 Physiotherapists Registration Act 2001 (2) The board may, with the written agreement of the registrant to whom the conditions relate, review the conditions. 91 Board’s powers before making decision (1) Before making its decision under section 94, the board— (a) may investigate the registrant; and (b) may, by notice given to the registrant, require the registrant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to make the decision; and (c) may, by notice given to the registrant, require the registrant to undergo a written, oral or practical examination within a reasonable time of at least 30 days stated in the notice, and at a reasonable place; and (d) may, by notice given to the registrant, require the registrant to undergo a health assessment within a reasonable time of at least 30 days stated in the notice, and at a reasonable place. (2) The board may require the information or document mentioned in subsection (1)(b) to be verified by a statutory declaration. (3) Subject to section 94(2), the purpose of an examination under subsection (1)(c) must be to assess the registrant’s ability to competently and safely practise the profession. (4) Subject to section 94(2), the purpose of an assessment under subsection (1)(d) must be to assess the registrant’s mental and physical capacity to competently and safely practise the profession. (5) Also, a notice under subsection (1)(d) must state— (a) the reason for the assessment; and (b) the name and qualifications of the person appointed by the board to conduct the assessment; and (c) the place where, and the day and time at which, the assessment is to be conducted.

s 92 56 s 93 Physiotherapists Registration Act 2001 92 Application of ss 47–50 (1) This section applies if the board believes it is necessary for the registrant to undergo a health assessment under section 91(1)(d). (2) Sections 47 to 50 apply as if— (a) an applicant for general registration were the registrant; and (b) the reference in section 47(1) to section 46(1)(d) were a reference to section 91(1)(d). 93 Deemed withdrawal of application etc. (1) Subsections (2) and (3) apply if the conditions are being reviewed because of an application made by the registrant under section 89. (2) The registrant is taken to have withdrawn the application if, within the stated time, the registrant— (a) does not comply with a requirement under section 91(1)(b); or (b) does not undergo an examination under section 91(1)(c); or (c) does not undergo an assessment under section 91(1)(d). (3) A notice under section 91(1)(b), (c) or (d) must be given to the registrant within 60 days after the board receives the application. (4) Subsections (5) and (6) apply if the conditions are being reviewed under section 90. (5) The board is taken to have decided to confirm the conditions if, within the stated time, the registrant— (a) does not comply with a requirement under section 91(1)(b); or (b) does not undergo an examination under section 91(1)(c); or (c) does not undergo an assessment under section 91(1)(d).

s 94 57 s 95 Physiotherapists Registration Act 2001 (6) A notice under section 91(1)(b), (c) or (d) must be given to the registrant within 60 days after the board agrees with the registrant to review the conditions. 94 Decision (1) After reviewing the conditions, the board must decide— (a) to confirm the conditions; or (b) to remove the conditions; or (c) to change the conditions. (2) In making its decision, the board must consider whether the conditions remain necessary or desirable for the registrant to competently and safely practise the profession. (3) If the board decides to confirm or change the conditions, the conditions may only be confirmed or changed for the reasons the conditions were initially imposed. (4) If the board decides to confirm or change the conditions, it must as soon as practicable— (a) also decide the review period applying to the confirmed or changed conditions; and (b) give the registrant an information notice about the decisions. (5) If the board decides to remove the conditions, it must as soon as practicable give the registrant notice of the decision. 95 When decision takes effect (1) If the board decides to confirm the conditions, the decision takes effect when it is made. (2) If the board decides to change the conditions, the change takes effect when an information notice about the decision is given to the registrant under section 94(4)(b) and does not depend on the certificate of general registration being amended to record the change or a replacement certificate of general registration being issued. (3) If the board decides to remove the conditions, the removal takes effect when notice of the decision is given to the

s 96 58 s 97 Physiotherapists Registration Act 2001 registrant under section 94(5) and does not depend on a new certificate of general registration being issued to the registrant under section 99(5). 96 Failure by board to make decision on application (1) Subject to subsections (2) and (3), if the board fails to decide an application under section 89 within 60 days after its receipt, the failure is taken to be a decision by the board to confirm the conditions. (2) Subsection (3) applies if the board has— (a) under section 91(1)(b), required the applicant to give the board further information or a document; or (b) under section 91(1)(c), required the applicant to undergo an examination; or (c) under section 91(1)(d), required the applicant to undergo a health assessment. (3) The board is taken to have decided to confirm the conditions if the board fails to decide the application by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. 97 Failure by board to make decision on review agreed to under s 90 (1) Subject to subsections (2) and (3), if the board fails to make a decision on a review agreed to under section 90 within 60 days after the agreement, the failure is taken to be a decision by the board to confirm the conditions. (2) Subsection (3) applies if the board has— (a) under section 91(1)(b), required the registrant to give the board further information or a document; or

s 98 59 s 99 Physiotherapists Registration Act 2001 (b) under section 91(1)(c), required the registrant to undergo an examination; or (c) under section 91(1)(d), required the registrant to undergo a health assessment. (3) The board is taken to have decided to confirm the conditions if the board fails to make a decision on the review by the latest of the following days— (a) the day that is 60 days after the board receives the further information or document; (b) the day that is 60 days after the board receives the results of the examination; (c) the day that is 60 days after the board receives the assessment report. 98 Further decision required if certain conditions changed (1) This section applies if the conditions were imposed because of the registrant’s mental and physical health. (2) If the board decides to change the conditions, it must also decide whether details of the changed conditions must be recorded in the register for the period for which the conditions are in force. (3) The board must decide not to record details of the changed conditions in the register unless it reasonably believes it is in the interests of users of the registrant’s services or the public to know the details. Subdivision 2 Recording change, or removal, of conditions 99 Amending, replacing, or issuing new, certificate of general registration (1) Subsections (2) and (3) apply if a general registrant receives an information notice, under section 94(4)(b), about decisions relating to a change of the conditions of the registration.

s 100 60 Physiotherapists Registration Act 2001 s 100 (2) The registrant must return the certificate of general registration to the board within 14 days after receiving the notice, unless the registrant has a reasonable excuse. Maximum penalty—10 penalty units. (3) On receiving the certificate, the board must— (a) amend the certificate in an appropriate way and return the amended certificate to the registrant; or (b) if the board does not consider it practicable to amend the certificate, issue another certificate of general registration to the registrant to replace the certificate returned to the board. (4) Subsection (5) applies if a general registrant receives a notice, under section 94(5), about a decision to remove the conditions of the registration. (5) The board must, as soon as practicable after the decision is made, issue another certificate of general registration to the registrant that does not mention the removed conditions. Division 8 Special purpose registrations Subdivision 1 Applications for special purpose registration 100 Undertaking of special activities relating to the profession (1) A person may obtain special purpose registration to undertake 1 or more of the following activities (the special activities ) relating to the profession— (a) study or train at postgraduate level; (b) teach; (c) engage in research; (d) give clinical demonstrations.

s 101 61 Physiotherapists Registration Act 2001 s 101 (2) A person may also obtain special purpose registration to undertake any 1 of the following activities (also special activities )— (a) practise the profession, under supervision approved by the board, for the purpose of preparing for and completing a written and clinical examination in the practice of the profession, conducted by the Australian Physiotherapy Council; (b) practise the profession, under supervision approved by the board, for the purpose of preparing for and completing a clinical examination in the practice of the profession, conducted by the Australian Physiotherapy Council; (c) practise the profession, under supervision approved by the board, if the person holds a masters degree in clinical postgraduate studies in physiotherapy from a university in Queensland; (d) practise the profession, under supervision approved by the board, if the person holds a current working holiday visa. 101 Application of divs 2 and 3 (1) For a person being registered as a special purpose registrant, division 2, other than subdivisions 2, 6 and 7, and division 3 apply as if— (a) an application for general registration were an application for special purpose registration; and (b) an applicant for general registration were an applicant for special purpose registration; and (c) a general registration were a special purpose registration; and (d) a general registrant were a special purpose registrant; and (e) a certificate of general registration were a certificate of special purpose registration; and

s 102 62 Physiotherapists Registration Act 2001 s 102A (f) a provisional general registrant were a provisional special purpose registrant; and (g) a provisional general registration were a provisional special purpose registration; and (h) a certificate of provisional general registration were a certificate of provisional special purpose registration. (2) The approved form for a certificate of special purpose registration, or provisional special purpose registration, must also provide for the inclusion of details of the special activity for which the registrant is registered. 102 Eligibility for special purpose registration under s 100(1) (1) This section applies to an applicant for special purpose registration under section 100(1). (2) The applicant is eligible for special purpose registration if the applicant— (a) has a qualification required for special purpose registration; and (b) is a suitable person to be a special purpose registrant. 102A Eligibility for special purpose registration under s 100(2) (1) An applicant for special purpose registration under section 100(2)(a) is eligible for special purpose registration if the applicant— (a) has been accepted by the Australian Physiotherapy Council as a candidate for a written examination in the practice of the profession conducted by the Australian Physiotherapy Council; and (b) has a qualification required by the board from a country prescribed under a regulation; and (c) was registered or licensed to practise as a physiotherapist in the place where the qualification was obtained; and (d) is fit to practise the profession under section 45.

s 102A 63 Physiotherapists Registration Act 2001 s 102A (2) An applicant for special purpose registration under section 100(2)(b) is eligible for special purpose registration if the applicant— (a) holds a current certificate, issued by the Australian Physiotherapy Council, that the applicant successfully completed a written examination in the practice of the profession conducted by the Australian Physiotherapy Council; and (b) has a qualification required by the board from a country other than Australia; and (c) was registered or licensed to practise as a physiotherapist in the place where the qualification was obtained; and (d) is fit to practise the profession under section 45. (3) An applicant for special purpose registration under section 100(2)(c) is eligible for special purpose registration if the applicant— (a) has successfully completed a masters degree in clinical postgraduate studies in physiotherapy from a university in Queensland that is approved by the board; and (b) is fit to practise the profession under section 45. (4) An applicant for special purpose registration under section 100(2)(d) is eligible for special purpose registration if the applicant— (a) holds a current working holiday visa; and (b) has a qualification required by the board from a country prescribed under a regulation; and (c) was registered or licensed to practise as a physiotherapist in the place where the qualification was obtained; and (d) has completed a period of employment in the profession of at least 12 months that is not more than 2 years before the date of the applicant’s application for special purpose registration; and (e) is fit to practise the profession under section 45.

s 103 64 Physiotherapists Registration Act 2001 s 104 103 Qualifications for special purpose registration (1) An applicant for special purpose registration has a qualification required for special purpose registration if the applicant is the holder of a qualification in the profession recognised by the board. (2) In deciding whether to recognise the qualification, the board may have regard to the following— (a) whether the course leading to the qualification has been accredited by an entity responsible for accrediting courses for the profession; (b) whether the educational institution conferring or awarding the qualification has been accredited by an entity responsible for accrediting institutions to educate persons for the profession; (c) the advice and recommendations of an entity recognised by the board as competent to assess qualifications in the profession. 104 Suitability to be a special purpose registrant In deciding whether an applicant for special purpose registration is a suitable person to be a special purpose registrant, the board may have regard to the following— (a) whether the applicant has been convicted of an indictable offence; (b) whether the applicant has been convicted of an offence against the repealed Act, this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (c) if the applicant has been registered under this Act or the repealed Act or is, or has been, registered under a corresponding law and the registration was affected— (i) by the imposition of a condition—the nature of the condition and the reason for its imposition; or (ii) by its suspension or cancellation—the reason for its suspension or cancellation; or

s 105 65 Physiotherapists Registration Act 2001 s 106A (iii) in another way—the way it was affected and the reason for it being affected; (d) if the applicant is applying for special purpose registration under section 100(2)—the nature of any supervision to be given to the applicant under that section; (e) any other issue relevant to the applicant’s ability to undertake the special activity the subject of the application. 105 Period of special purpose registration If the board decides to register the applicant as a special purpose registrant, the registration remains in force for the period, not more than 1 year, decided by the board when deciding to register the applicant as a special purpose registrant. 106 Imposition of conditions by board (1) The board may decide to register the applicant as a special purpose registrant on conditions the board considers necessary or desirable for the applicant to competently and safely undertake the special activity the subject of the application. (2) If the board decides to register the applicant as a special purpose registrant on conditions, it must as soon as practicable give the applicant an information notice about the decision. 106A Condition for special purpose registration under s 100(2) In addition to any condition imposed under section 106, a special purpose registration under section 100(2) is also subject to a condition that— (a) the registrant must only practise the profession under a supervised practice plan that— (i) accompanied the application for the special purpose registration; or

s 106B 66 Physiotherapists Registration Act 2001 s 106B (ii) is approved by the board for the registrant under section 106B: and (b) for special purpose registration under section 100(2)(a)—the registrant must not continue to practise the profession for more than 3 continuous years under the special purpose registration without obtaining general registration; and (c) for special purpose registration under section 100(2)(b)—the registrant must not continue to practise the profession for more than 2 continuous years under the special purpose registration without obtaining general registration; and (d) for special purpose registration under section 100(2)(c)— (i) the registrant must only practise the profession in the area of the profession to which the registration relates; and (ii) the registrant must not continue to practise the profession for more than 3 continuous years under the special purpose registration; and (e) for special purpose registration under section 100(2)(d)—the registrant must not continue to practise the profession, under a working holiday visa, in a particular place of work for more than 6 months. 106B Supervised practice plans approved by the board (1) This section applies to an applicant for special purpose registration under section 100(2) who intends to commence a position that will require the applicant to practise the profession under a supervised practice plan that is different to the plan under which the applicant is currently practising the profession. (2) The applicant must apply to the board for approval of a supervised practice plan that is relevant to the position. (3) The application must be—

s 106C 67 Physiotherapists Registration Act 2001 s 107A (a) in the approved form; and (b) accompanied by the proposed supervised practice plan that is relevant to the position. (4) The board must consider the application and decide to approve, or refuse to approve, the proposed supervised practice plan. (5) If the board decides to refuse to approve the proposed supervised practice plan, it must as soon as practicable give the applicant an information notice about the decision. (6) If the board fails to decide the application within 14 days after its receipt, the failure is taken to be a decision by the board to approve the proposed supervised practice plan. 106C Board may ask for information under supervised practice plan The board may ask a person involved in the supervision of a registrant under a supervised practice plan to give information to the board about the supervised practice of the registrant. 107 Contravention of conditions A special purpose registrant must not contravene a condition of the registration imposed under this Act. Maximum penalty—100 penalty units. Subdivision 2 Renewal of special purpose registrations 107A Non-application of sdiv 2 to particular registrations This subdivision does not apply to— (a) a short-term registration; or (b) a special purpose registration under section 100(2)(d).

s 108 68 Physiotherapists Registration Act 2001 s 110 108 Application of div 4, sdivs 2 and 3 For renewing a special purpose registration, division 4, subdivisions 2 and 3, other than sections 70(5)(a) and 75(3) and the provisions to the extent to which they relate to recency of practice requirements, apply as if— (a) an application for the renewal of a general registration were an application for the renewal of a special purpose registration; and (b) an applicant for the renewal of a general registration were an applicant for the renewal of a special purpose registration; and (c) an applicant’s general registration were an applicant’s special purpose registration; and (d) a general registrant were a special purpose registrant; and (e) a certificate of general registration were a certificate of special purpose registration. 109 Matters that may be considered in deciding whether to renew special purpose registrations (1) In deciding whether to renew a special purpose registration, the board may have regard to the matters to which the board may have regard in deciding whether a proposed special purpose registrant is a suitable person to be a special purpose registrant. 10 (2) Also, in deciding whether to renew a special purpose registration under section 100(2)(a) or (b), the board must be satisfied the registrant has made reasonable progress towards being qualified for general registration under section 44. 110 Imposition of conditions by board (1) The board may decide to renew a special purpose registration on conditions the board considers necessary or desirable for 10 See section 104 (Suitability to be a special purpose registrant) for a list of the matters.

s 111 69 Physiotherapists Registration Act 2001 s 113 the registrant to competently and safely undertake the special activity the subject of the registration. (2) If the board decides to renew a special purpose registration on conditions, it must as soon as practicable give the registrant an information notice about the decision. (3) To remove doubt, it is declared that any conditions attaching to the registration immediately before its renewal do not continue to apply to the registration on its renewal. 111 Period of renewed special purpose registration If the board decides to renew a special purpose registration, the registration remains in force for the period, not more than 1 year, decided by the board when deciding to renew the registration. Subdivision 3 Cancellation of special purpose registrations 112 Application of div 6 For cancelling a special purpose registration, division 6, other than section 82, applies as if— (a) a general registration were a special purpose registration; and (b) a certificate of general registration were a certificate of special purpose registration. 113 Grounds for cancellation Each of the following is a ground for cancelling a special purpose registration— (a) the registrant has practised the profession other than for the special activity for which the registrant is registered; (b) the registrant has been convicted of an indictable offence;

s 114 70 Physiotherapists Registration Act 2001 s 114 (c) the registrant has been convicted of an offence against this Act, the Health Practitioners (Professional Standards) Act 1999 or a corresponding law; (d) the registrant has contravened a condition of the registration; (e) the registration happened because the board was given, by the registrant or someone else, information or a document that— (i) was materially false, within the meaning given by section 210(1), at the time it was given; or (ii) became materially false, within the meaning given by section 210(1), after it was given; (f) the registrant ceases to have, or does not have, the qualifications necessary for registration. Subdivision 4 Removal of conditions 114 Removal (1) This section applies if the board reasonably believes the conditions imposed on a special purpose registration under this Act are no longer necessary or desirable for the registrant to competently and safely undertake the special activity the subject of the registration. (2) The board must decide to remove the conditions. (3) The board must give the registrant notice of the decision as soon as practicable after it is made. (4) The board must, as soon as practicable after the decision is made, issue another certificate of special purpose registration to the registrant that does not mention the removed conditions. (5) The removal takes effect when notice of the decision is given to the registrant and does not depend on another certificate of special purpose registration being issued.

s 115 71 Physiotherapists Registration Act 2001 s 117 Division 9 General provisions about registrations 115 Person is taken to be registered under this part (1) This section applies if, under this Act, an entity decides to— (a) register a person; or (b) restore a person’s registration. (2) The person is taken to be registered under this part. 116 Surrender of registrations (1) A registrant may surrender the registration by notice given to the board. (2) The surrender takes effect— (a) on the day the notice is given to the board; or (b) if a later day of effect is stated in the notice, on the later day. (3) The registrant must return the certificate of registration to the board within 14 days after the day the surrender takes effect, unless the registrant has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. 117 Replacement of certificates of registration (1) A registrant may apply to the board for the replacement of the certificate of registration if it has been lost, stolen, destroyed or damaged. (2) The board must consider the application and decide to grant, or refuse to grant, the application. (3) The board must decide to grant the application if it is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement. (4) If the board decides to grant the application, it must on payment of the fee prescribed under a regulation—

s 118 72 Physiotherapists Registration Act 2001 s 120 (a) replace the lost, stolen, destroyed or damaged certificate with another certificate of registration; and (b) give the replacement certificate of registration to the applicant. (5) If the board decides to refuse to grant the application, it must as soon as practicable give the applicant an information notice about the decision. 118 Certified copy of certificates of registration A registrant may, on payment of the fee prescribed under a regulation, obtain from the board a certified copy of the certificate of registration. 119 Notification of change in circumstances A registrant must, within 21 days after the happening of a change in the registrant’s circumstances prescribed under a regulation, advise the board of the change. Maximum penalty—10 penalty units. 120 Notification of certain events to interstate regulatory authorities and other entities (1) This section applies if— (a) a person’s general registration or special purpose registration is cancelled under this Act; or (b) conditions are imposed, under this Act, on a person’s general registration or special purpose registration; or (c) conditions on a person’s general registration or special purpose registration are removed under this Act. (2) As soon as practicable after an event mentioned in subsection (1) happens, the board must give notice about the event to each interstate regulatory authority with which the board is aware the person is registered. (3) Also, the board may give notice about the event to any of the following— (a) the chief executive;