Psychologists By-law 1993

Queensland Psychologists Act 1977 PSYCHOLOGISTS BY-LAW 1993 Reprinted as in force on 1 May 2002 (includes amendments up to SL No. 234 of 2001) This is the reprint current on the repeal date Reprint No. 1G This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This by-law is reprinted as at 1 May 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland PSYCHOLOGISTS BY-LAW 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Registrar to give notice of meetings of Board. . . . . . . . . . . . . . . . . . . . . . . . 3 6 Notice of certain motions to be given to members . . . . . . . . . . . . . . . . . . . . 3 7 Special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Common seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 The register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Retention of certain records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Additional qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Practice of psychology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13A When annual licence fee must be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Waiver of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Media interviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Board may give notice re advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 9 FEES ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Psychologists By-law 1993 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s6 Psychologists By-law 1993 PSYCHOLOGISTS BY-LAW 1993 [as amended by all amendments that commenced on or before1 May 2002] 1 Short title This by-law may be cited as the Psychologists By-law 1993 . 2 Definitions In this by-law— “chairperson” means the chairperson of the Board; “member” means a member of the Board. 4 Fees The fees payable under the Act are the fees set out in the Schedule. 5 Registrar to give notice of meetings of Board (1) The registrar must give each member at least 3 clear days notice of the time, day and place of each ordinary meeting of the Board. (2) If a quorum is not present within 30 minutes after the time at which a meeting is due to start, the registrar must postpone the meeting to a day (not more than 14 days after the day of the postponed meeting) fixed by the registrar. 6 Notice of certain motions to be given to members (1) The registrar must give each member notice of any motion that proposes to rescind a resolution of the Board. (2) The notice must not be given later than the notice of the meeting at which the motion is to be moved.

s7 4 s9 Psychologists By-law 1993 7 Special meetings (1) The registrar must convene a special meeting of the Board— (a) at the chairperson’s request; or (b) on the written request of 3 members that states the business that is to be considered at the special meeting. (2) The registrar must give each member at least 3 clear days notice of the time, day and place of a special meeting. (3) The notice must state the business that is to be considered at the special meeting. (4) The only business that may be discussed at a special meeting is the business mentioned in the notice. 8 Funds (1) The registrar— (a) is to receive amounts paid to the Board on behalf of the Board; and (b) must deposit any amounts received in an account kept by the board in accordance with the Statutory Bodies Financial Arrangements Act 1982 , section 31. 1 (2) Payment from the account may be made only by a cheque signed by 2 persons authorised by the board for the purpose. 9 Common seal (1) The common seal of the Board is to bear the design that is determined by the Board. (2) The registrar is to have the custody of the common seal. (3) A document issued by the Board is sufficiently authenticated if it bears the imprint of the common seal and is signed— (a) in the case of a certificate of approval—by the registrar; or (b) in any other case— 1 Statutory Bodies Financial Arrangements Act 1982 , section 31 (General banking powers for day-to-day operations)

s 10 5 s 12 Psychologists By-law 1993 (i) by the registrar in the presence of the chairperson or 2 members; or (ii) by the registrar at the direction of the chairperson. 10 The register For the purposes of section 17(1) of the Act, the particulars of each psychologist that are to be included in the register are— (a) address for correspondence; and (b) date of registration; and (c) type of registration; and (d) initial qualifications; and (e) the additional qualifications that relate to psychology mentioned in section 12(3). 11 Retention of certain records If— (a) a psychologist’s registration is cancelled or suspended; or (b) a psychologist’s name is removed from the register; the registrar must retain a record of that person’s particulars and the reasons for the cancellation, suspension or removal. 12 Additional qualifications (1) A psychologist may apply in writing to the Board for the inclusion in the register of additional qualifications relating to psychology that are held by the psychologist. (2) The application must be accompanied by documentary evidence of the additional qualifications. (3) If the Board approves the application, the registrar must include in the register the additional qualifications held by the psychologist.

s 13 6 s 15 Psychologists By-law 1993 13 Practice of psychology For the purposes of section 29(2) of the Act, a person who is not a psychologist may practice as a psychologist or carry out a psychological practice or procedure for or on behalf of a psychologist if— (a) the psychologist is satisfied that— (i) the person is competent to carry out the psychological practice or procedure; or (ii) the person is required to carry out the psychological practice or procedure as part of a course for a degree, diploma or certificate recognised by the Board as a qualification for registration; and (b) the psychologist supervises the carrying out of the psychological practice or procedure. 13A When annual licence fee must be paid (1) A person who is already registered as a psychologist at the beginning of a year, or becomes registered in January of a year, must pay the annual licence fee for the year on or before 31 January in the year. (2) A person who is not registered as a psychologist in January of a year, but applies to be registered in the year, must pay the annual licence fee for the year with the registration fee. 14 Waiver of fees (1) If a psychologist is first registered in November or December in any year, the annual licence fee for the following year is waived. (2) The Board may waive the annual licence fee on application to it by a psychologist who satisfies the Board that he or she has turned 65. (3) If the Board refuses an application under section 31 of the Act, the Board may waive the approval fee and may direct the registrar to refund that fee to the applicant. 15 Advertising (1) A psychologist must not— (a) advertise in a way that—

s 16 7 s 16 Psychologists By-law 1993 (i) can reasonably be regarded as implying that the psychologist’s services are superior to those of another psychologist; or (ii) can reasonably be regarded as calculated to attract business unfairly; or (iii) is misleading, indecent, inappropriate, harmful or unacceptable having regard to the standard expected of psychologists; or (b) advertise professional services in conjunction with other advertising of a commercial nature; or (c) mention the Act or the Board in any advertisement; or (d) offer an inducement or imply a benefit that is not intrinsic to the service of a psychologist. (2) A psychologist must ensure that an advertisement only states— (a) the psychologist’s name or the approved name under which the psychologist practises; and (b) the psychologist’s qualifications, including specialist qualifications approved by the Board; and (c) the address at which the psychologist practises; and (d) the days and times when the practice is open; and (e) factual information about the professional services offered, including information about treatment, but not about any cure or outcome of the treatment. (3) The Board may approve of a professional body of psychologists advertising the services provided by members of that body. (4) An approval under subsection (3) may be given subject to conditions (5) A psychologist must not advertise on radio, television or any other form of electronic media. Maximum penalty for subsection (1), (2) and (5)—4 penalty units. 16 Media interviews (1) A psychologist must not use an interview on radio, television or any other form of electronic media for advertising purposes or to solicit business.

s 17 8 s 17 Psychologists By-law 1993 (2) For the purposes of subsection (1), an interview is used for advertising purposes or to solicit business if the psychologist gives the psychologist’s business address or telephone number during the interview. Maximum penalty—4 penalty units. 17 Board may give notice re advertising (1) The Board may require a psychologist who advertises in a way that does not comply with section 15, to discontinue the advertisement within the time stated in the notice. (2) The psychologist must comply with the notice. Maximum penalty—4 penalty units.

9 Psychologists By-law 1993 SCHEDULE FEES section 4 1. Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Registration of additional qualification . . . . . . . . . . . . . . . 4. Issue of duplicate or certified copy of certificate of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Annual licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Restoration of name to register . . . . . . . . . . . . . . . . . . . . . 7. Examination of applicant for registration . . . . . . . . . . . . . 8. Application for approval to practise hypnosis for therapeutic purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Examination of applicant for approval to practise hypnosis for therapeutic purposes . . . . . . . . . . . . . . . . . . . 10. Approval to practise hypnosis for therapeutic purposes . . $ 10.00 75.00 10.00 10.00 186.00 53.00 440.00 55.00 440.00 130.00

10 Psychologists By-law 1993 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 May 2002. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

11 Psychologists By-law 1993 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 1A 1B 1C 1D 1E 1F Amendments included to SL No. 505 of 1993 to SL No. 404 of 1996 to SL No. 336 of 1997 to SL No. 347 of 1998 to SL No. 266 of 1999 to SL No. 307 of 2000 to SL No. 234 of 2001 Reprint date 1 January 1994 21 April 1997 26 November 1997 6 January 1999 10 November 1999 15 December 2000 13 December 2001 5 List of legislation Psychologists By-law 1993 SL No. 395 made by the Psychologists Board on 12 August 1993 notfd gaz 29 October 1993 pp 770–1 commenced on date of notification rep 1 May 2002 (2001 No. 15 s 234) amending legislation— Psychologists Amendment By-law (No. 1) 1993 SL No. 505 notfd gaz 17 December 1993 pp 1812–21 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1994 (see s 2) Psychologists Amendment By-law (No. 1) 1996 SL No. 404 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification Psychologists Amendment By-law (No. 1) 1997 SL No. 336 notfd gaz 10 October 1997 pp 586–7 commenced on date of notification Psychologists Amendment By-law (No. 1) 1998 SL No. 347 notfd gaz 18 December 1998 pp 1551–7 commenced on date of notification Psychologists Amendment By-law (No. 1) 1999 SL No. 266 notfd gaz 5 November 1999 pp 918–21 commenced on date of notification Psychologists Amendment By-law (No. 1) 2000 SL No. 307 notfd gaz 1 December 2000 pp 1289–90 commenced on date of notification

12 Psychologists By-law 1993 Psychologists Amendment By-law (No. 1) 2001 SL No. 234 notfd gaz 30 November 2001 pp 1179–82 commenced on date of notification 6 List of annotations Forms s3 om 1996 SL No. 404 s 3 Funds s8 amd 1997 SL No. 336 s 3; 1998 SL No. 347 s 3 The register s 10 amd 1998 SL No. 347 s 4 When annual licence fee must be paid s 13A ins 1996 SL No. 404 s 4 Repeal s 18 om R1 (see s RA 40) SCHEDULE—FEES sub 1993 SL No. 505 s 4; 1996 SL No. 404 s 5 amd 1999 SL No. 266 s 3; 2000 SL No. 307 s 3; 2001 SL No. 234 s 3 © State of Queensland 2002