Speech Pathologists By-law 1995

Queensland Speech Pathologists Act 1979 SPEECH PATHOLOGISTS BY-LAW 1995 Reprinted as in force on 29 November 2001 (includes amendments up to SL No. 214 of 2001) Reprint No. 1I 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 29 November 2001. 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 SPEECH PATHOLOGISTS BY-LAW 1995 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—BOARD MEETINGS Division 1—Ordinary meetings 4 Notice of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Order of business at ordinary meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Special meetings 6 When a special meeting is to be held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Notice of special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Business that may be considered at special meeting. . . . . . . . . . . . . . . . . . . 5 Division 3—General 9 Adjournment of meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 3—ADMINISTRATION 10 Board’s funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Board’s common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 4—REGISTRATION 12 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Additional qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 Additional records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 5—PRACTICE 16 Practice names. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Speech Pathologists By-law 1995 17 Logos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 6—ADVERTISING 18 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 19 Canvassing or soliciting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 7—MISCELLANEOUS 20 Board may serve notice to comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 22 When annual licence fee must be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 12 FEES ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 13 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

s1 3 s3 Speech Pathologists By-law 1995 SPEECH PATHOLOGISTS BY-LAW 1995 [as amended by all amendments that commenced on or before 29 November 2001] PART 1—PRELIMINARY 1 Short title This by-law may be cited as the Speech Pathologists By-law 1995 . 2 Commencement This by-law commences on 1 January 1996. 3 Definitions In this by-law— “additional qualifications” means a qualification other than a required qualification. “advertise” means advertise a person as being a speech pathologist, or advertise a practice, by— (a) placing an advertisement in a newspaper or professional journal; or (b) placing an entry in a directory; or (c) distributing a circular; or (d) displaying a sign or nameplate; or (e) using printed stationery; or (f) doing any other thing. “directory” includes an electronic directory. “practice” means a speech pathology practice.

s4 4 s5 Speech Pathologists By-law 1995 “required qualifications” means the qualifications mentioned in section 18(1)(a), (b) or (c) 1 of the Act. PART 2—BOARD MEETINGS Division 1—Ordinary meetings 4 Notice of meetings (1) The registrar must give each member of the board written notice of the time, date and place of an ordinary board meeting at least 7 clear days before the meeting. (2) The notice must state the business to be considered at the meeting. (3) A resolution passed at a meeting must not be rescinded or amended at a subsequent meeting unless such a motion is included in the notice of the meeting. 5 Order of business at ordinary meeting Unless the board decides otherwise, the order of business at an ordinary meeting of the board is as follows— (a) reading the minutes of the board’s last meeting and any unconfirmed minutes of a special meeting; (b) confirming the minutes; (c) business arising out of the minutes; (d) considering correspondence received, or prepared, by the board; (e) financial matters; (f) considering applications for— (i) restoration of a person’s name to the register; or (ii) registration as a speech pathologist; or 1 Section 18 (Qualification for registration) of the Act

s6 5 s9 Speech Pathologists By-law 1995 (iii) registration of additional qualifications; (g) motions of which notice has been given; (h) general business; (i) deciding the date of the next ordinary meeting. Division 2—Special meetings 6 When a special meeting is to be held (1) The registrar must call a special meeting of the board— (a) at the chairperson’s request; or (b) on the written request of 3 members of the board. (2) The request must state the business to be considered at the meeting. 7 Notice of special meeting (1) The registrar must give each member of the board written notice of the time, date and place of a special meeting at least 3 clear days before the meeting. (2) The notice must state the business to be considered at the meeting. 8 Business that may be considered at special meeting The board may conduct business at a special meeting only if the business was stated in the notice of the meeting. Division 3—General 9 Adjournment of meeting (1) The members present at a meeting of the board may adjourn the meeting at any time. (2) If a quorum is not present within 30 minutes after a meeting is due to start, the registrar may adjourn the meeting for not more than 14 days.

s 10 6 s 12 Speech Pathologists By-law 1995 (3) The registrar must give each member of the board written notice of the time, date and place of the adjourned meeting. PART 3—ADMINISTRATION 10 Board’s funds (1) An amount payable to the board must be given to the registrar. (2) The registrar must deposit the amount in an account kept by the board with a financial institution. (3) A payment may be made from the board’s account only if the payment is— (a) authorised by the board; and (b) made by a cheque signed by the registrar and a board member authorised by the board to sign cheques. 11 Board’s common seal (1) The registrar must have custody of the board’s common seal. (2) The common seal may be used only as authorised by the board. PART 4—REGISTRATION 12 Application for registration (1) An application for registration as a speech pathologist must be accompanied by— (a) 2 passport photographs of the applicant— (i) taken not more than 6 months before the date of the application; and

s 13 7 s 14 Speech Pathologists By-law 1995 (ii) certified by the applicant to be a photograph of the applicant and witnessed by a justice or commissioner for declarations; and (b) a copy of the required qualifications certified, by a justice or commissioner for declarations, to be a copy of the required qualifications held by the applicant; and (c) a summary of the applicant’s practise of speech pathology; and (d) a statement whether the applicant is a resident of the State and the period of the applicant’s residency; and (e) the registration fee stated in the schedule. (2) The board may, by written notice, ask the applicant to give further documents or information relevant to the application. (3) If an applicant is granted registration by the board, the applicant must pay the registration fee and the annual licence fee stated in the schedule. 13 Additional qualifications (1) A speech pathologist may apply to the board to have an additional qualification registered. (2) An application must be— (a) accompanied by a copy of the qualification certified, by a justice or commissioner for declarations, to be a copy of the qualification held by the speech pathologist; and (b) accompanied by the fee stated in the schedule. (3) The board may register the qualification if satisfied it is beneficial to the speech pathologist’s practice of speech pathology. 14 Register to be kept The following particulars must be recorded in the register for each speech pathologist— (a) full name; (b) postal address; (c) registration number; (d) date of registration;

s 15 8 s 16 Speech Pathologists By-law 1995 (e) type of registration; (f) required qualifications; (g) any additional qualifications registered under section 13. 15 Additional records (1) This section applies if the name of a speech pathologist is removed from the register. (2) The registrar must keep a record of— (a) the particulars for the speech pathologist recorded in the register before the removal; and (b) the reason for the removal. PART 5—PRACTICE 16 Practice names (1) A speech pathologist must not practise under a name other than— (a) the speech pathologist’s name; or (b) if the speech pathologist practises as a member of a partnership and the name of the partnership consists only of the names of its members or former members—the name of the partnership; or (c) a name approved by the board. Maximum penalty—10 penalty units. (2) The board may approve a name for a practice only if it is satisfied the name— (a) is not misleading as to the persons working in the practice or the nature of the practice; and (b) does not imply superiority for the practice over other practices; and (c) is not offensive, vulgar or sensational; and (d) does not denigrate another practice.

s 17 9 s 19 Speech Pathologists By-law 1995 17 Logos (1) A speech pathologist must not use a logo for the speech pathologist’s practice unless the logo has been approved by the board. Maximum penalty—10 penalty units. (2) The board may approve a logo for a practice only if it is satisfied the logo— (a) is not misleading as to the nature of the practice; and (b) does not imply superiority for the practice over other practices; and (c) is not offensive, vulgar or sensational; and (d) does not denigrate another practice. PART 6—ADVERTISING 18 Advertising A speech pathologist must not advertise in a way that— (a) is false, misleading or deceptive; or (b) is offensive, vulgar or sensational; or (c) implies superiority for the speech pathologist or practice over other speech pathologists or practices; or (d) denigrates another speech pathologist or practice. Maximum penalty—10 penalty units. 19 Canvassing or soliciting A speech pathologist must not— (a) canvass or solicit business as a speech pathologist by offering an inducement; or (b) allow a person to canvass or solicit business on behalf of the speech pathologist by offering an inducement. Maximum penalty—10 penalty units.

s 20 10 s 22 Speech Pathologists By-law 1995 PART 7—MISCELLANEOUS 20 Board may serve notice to comply (1) If the board believes, on reasonable grounds, that a speech pathologist is practising or advertising in contravention of this by-law, the board may give the speech pathologist a written notice ( “notice to comply” ) under this section. (2) A notice to comply must state— (a) the act or omission consisting of the alleged contravention; and (b) the action the speech pathologist must take to rectify the alleged contravention; and (c) the day by which the speech pathologist must take the action ( “due date” ). (3) The period to elapse between the day the notice is given to the speech pathologist and the due date must be reasonable, having regard to the action the speech pathologist must take. (4) The speech pathologist must comply with the notice unless the speech pathologist has a reasonable excuse. Maximum penalty—10 penalty units. 21 Fees The fees payable under the Act are in the schedule. 22 When annual licence fee must be paid (1) A person who is already registered as a speech pathologist 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 speech pathologist 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. (3) If a person is registered as a speech pathologist in December of a year, the annual licence fee for the following year is waived.

s 23 11 Speech Pathologists By-law 1995 23 Expiry This by-law expires on 1 July 2002. s 23

12 Speech Pathologists By-law 1995 SCHEDULE FEES section 21 $ 1. Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 2. Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.00 3. Registration of an additional qualification . . . . . . . . . . . . 10.00 4. Duplicate or certified copy of certificate of registration . . 10.00 5. Annual licence fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 6. Restoration of name to register . . . . . . . . . . . . . . . . . . . . . 40.00 7. Examination of applicant for registration . . . . . . . . . . . . . 83.00

13 Speech Pathologists By-law 1995 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 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 29 November 2001. Future amendments of the Speech Pathologists By-law 1995 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 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

14 Speech Pathologists By-law 1995 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 1G 1H Amendments included none to SL No. 101 of 1997 to SL No. 365 of 1997 to SL No. 148 of 1998 to SL No. 39 of 1999 to SL No. 267 of 1999 to SL No. 93 of 2000 to SL No. 308 of 2000 to SL No. 73 of 2001 Reprint date 1 February 1996 29 May 1997 21 November 1997 7 July 1998 6 April 1999 9 November 1999 9 June 2000 15 December 2000 29 June 2001 5 List of legislation Speech Pathologists By-law 1995 SL No. 374 made by the Speech Pathologists Board on 30 November 1995 notfd gaz 15 December 1995 pp 1560–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1996 (see s 2) exp 1 July 2002 (see s 23) as amended by— Speech Pathologists Amendment By-law (No. 1) 1996 SL No. 403 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification Speech Pathologists Amendment By-law (No. 1) 1997 SL No. 101 notfd gaz 2 May 1997 pp 61–2 commenced on date of notification Speech Pathologists Amendment By-law (No. 2) 1997 SL No. 365 notfd gaz 31 October 1997 pp 882–4 commenced on date of notification Speech Pathologists Amendment By-law (No. 1) 1998 SL No. 148 notfd gaz 22 May 1998 pp 509–14 commenced on date of notification Speech Pathologists Amendment By-law (No. 1) 1999 SL No. 39 notfd gaz 26 March 1999 pp 1450–3 commenced on date of notification

15 Speech Pathologists By-law 1995 Speech Pathologists Amendment By-law (No. 2) 1999 SL No. 267 notfd gaz 5 November 1999 pp 918–21 commenced on date of notification Speech Pathologists Amendment By-law (No. 1) 2000 SL No. 93 notfd gaz 26 May 2000 pp 296–7 commenced on date of notification Speech Pathologists Amendment By-law (No. 2) 2000 SL No. 308 notfd gaz 1 December 2000 pp 1289–90 commenced on date of notification Speech Pathologists Amendment By-law (No. 1) 2001 SL No. 73 notfd gaz 15 June 2001 pp 633–4 commenced on date of notification Speech Pathologists Amendment By-law (No. 2) 2001 SL No. 214 notfd gaz 23 November 2001 pp 1088–91 commenced on date of notification 6 List of annotations Order of business at ordinary meeting s 5 amd 1997 SL No. 365 s 3 When annual licence fee must be paid s 22 prev s 22 om R1 (see RA s 40) pres s 22 ins 1996 No. 403 s 3 Expiry s 23 ins 1997 SL No. 101 s 3 sub 1998 SL No. 148 s 3 amd 1999 SL No. 39 s 3; 2000 SL No. 93 s 3; 2001 SL No. 73 s 3 SCHEDULE—FEES amd 1996 No. 403 s 4; 1997 SL No. 365 s 4; 1999 SL No. 267 s 3; 2000 SL No. 308 s 3; 2001 SL No. 214 s 3 © State of Queensland 2001