QueenslandPodiatrists Act
1969PODIATRISTSBY-LAW1996Reprinted as in force on 1 May
2002(includes amendments up toSL
No. 233 of 2001)This is the reprint current on the repeal
dateReprint No. 2HThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
by-law is reprinted as at 1 May 2002. The reprint shows the law as
amended by allamendments that commenced on or before that
day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s3Podiatrists By-Law 1996PODIATRISTS
BY-LAW 1996[as amended by all amendments that commenced
on or before 1 May 2002]PART 1—PRELIMINARY1Short
titleThis by-law may be cited as thePodiatrists By-law 1996.2DefinitionsIn this
by-law—“advertise”means advertise
a practice, or advertise a person as being apodiatrist, in
any way.Examples of ways of advertising—(a)placing an advertisement in a
newspaper or professional journal;(b)placing an entry in a directory;(c)distributing a circular;(d)displaying a sign or nameplate;(e)using printed stationery.“meeting”means an
ordinary or special meeting.“member”means a board member.“practice”means a podiatry practice.“recognised podiatry qualification”means a qualification mentioned insection 17(1A) of the Act.3FeesThe fees payable
under the Act are in the schedule.
s44s6Podiatrists By-Law 1996PART 2—THE
BOARDDivision 1—Calling board meetings4Notice of meeting(1)Theregistrarmustgiveeachmember7dayswrittennoticeofameeting.(2)The
notice must state—(a)the time and place of the meeting;
and(b)foraspecialmeeting—thebusinesstobeconductedatthemeeting.(3)However, this section does not apply
to a meeting to the extent thatall members agree
it does not apply to the meeting.5Postponement of meetings(1)If
at least 5 members agree, the registrar may postpone the
startingtime for a meeting for up to an hour.(2)If a quorum is not present within 30
minutes after the appointed timefor a meeting,
the registrar must postpone the meeting to another day notmore
than 14 days later.(3)Section 4 does not apply to a
postponed meeting.(4)In subsection (2)—“appointed
time”for a meeting means the time of the meeting
notified tomembers or, if the meeting has been
postponed to a later time, thepostponed
time.6Special meetings(1)The
chairperson must call a special meeting of the board on
receiptof a written request for a special meeting,
signed by at least 3 members,stating the
business to be conducted at the meeting.(2)The
chairperson may be 1 of the members who signs the request.(3)The chairperson must—
s
75s 10Podiatrists
By-Law 1996(a)fix a time and place for the meeting;
and(b)notify the registrar of the time and
place of the meeting and thebusiness to be
conducted at the meeting.Division 2—Conduct of board
meetings7Business at ordinary meetingsUnless the board decides otherwise, the
order of business at an ordinarymeeting is to be
as follows—(a)readingtheminutesofthelastmeetingandconfirmingoramending them;(b)business arising from the minutes of the
last meeting;(c)inward and outward
correspondence;(d)financial matters;(e)applications for registration as a
podiatrist;(f)notices of motion;(g)other business;(h)deciding a time for the next meeting.8Business at special meetingsTheonlybusinessthatmaybeconductedataspecialmeetingisthebusinessstatedinthenoticeofthemeetinggiventomembersbytheregistrar.9Meeting procedureAny question
about a point of order or point of proceeding at a meetingmust
be decided by the member presiding.10Entitlement of members to vote(1)This section applies if—
s
116s 13Podiatrists
By-Law 1996(a)amemberhasadirectorindirectpersonalinterestinanissuebeing
considered, or about to be considered, by the board; and(b)theinterestcouldconflictwiththeproperperformanceofthemember’s duties in relation to a
consideration of the issue.(2)The
member—(a)must disclose the interest to the
meeting; and(b)must not be present at, or take part
in, the meeting while the issueis being
considered or voted on.Division 3—Other matters concerning
the board11Account with financial
institution(1)The board must keep an account with a
financial institution.(2)Payment from the
account may be made only by a cheque signed by2 persons
authorised by the board for the purpose.12Treasurer(1)The
board may appoint a member as honorary treasurer.(2)The honorary treasurer’s functions are
as follows—(a)to receive and pay amounts for the
board;(b)to present to the board accounts of
its funds;(c)any other functions decided by the
board.13Common seal(1)The
registrar must have custody of the board’s common seal.(2)The common seal may be attached only
to—(a)a certificate of registration;
or(b)anotherdocumenttowhichtheboarddecidesthesealmaybeattached.
s
147s 16Podiatrists
By-Law 1996PART 3—REGISTRATION14Application for registration(1)Anapplicationforregistrationmustbeaccompaniedbytheapplicationfeeandanamountequivalenttotheannuallicencefee(the“annual licence
fee amount”).(2)If the
application is unsuccessful, the board must refund the
annuallicence fee amount.(3)If
the application is successful—(a)the
board must apply the annual licence fee amount in paymentof
the applicant’s annual licence fee for the year; and(b)if the applicant is granted
registration in December and has notpreviouslybeenregisteredintheyear—theapplicant’sannuallicence fee for the following year is
waived.15Application to restore name to
register(1)An application to restore a name to
the register must be accompaniedby—(a)the fee for an application for
restoration; and(b)iftheannuallicencefeeforthecurrentyearhasnotbeenpaid—anamountequivalenttotheannuallicencefee(the“annual licence
fee amount”).(2)If the
application is unsuccessful, the board must refund any
annuallicence fee amount paid by the
applicant.(3)Iftheapplicationissuccessful,theboardmustapplyanyannuallicencefeeamountpaidbytheapplicantinpaymentoftheapplicant’sannual licence
fee for the year.16Numbering of certificates of
registrationThe certificates of registration or
provisional registration issued by theboard must be
numbered using a system that gives each certificate a uniquenumber.
s
178s 18Podiatrists
By-Law 199617RegisterThe following
particulars for every podiatrist must be recorded in theregister—(a)the
podiatrist’s name1and address;(b)the
recognised podiatry qualification held by the podiatrist;(c)any additional qualification that,
under section 18A of the Act,the podiatrist
is entitled to have recorded in the register;(d)the
date of registration or provisional registration;(e)thenumberofthecertificateofregistrationorprovisionalregistration.PART
4—PRACTICE18Advertising(1)A
podiatrist must not advertise in a way that—(a)is
false, misleading or deceptive; or(b)is
vulgar or sensational in a way that would be likely to
affectadversely the standing of the profession;
or(c)is otherwise unprofessional.Maximum penalty—20 penalty units.(2)A podiatrist must not include in an
advertisement—(a)a self-laudatory statement; or(b)anendorsementof,ortestimonialabout,thepodiatristorthepodiatrist’s practice; or(c)a reference to fees.Maximum penalty—20 penalty units.1The podiatrist’s name is required to
be included in the register under section 16(1) oftheAct.Referencetonameisincludedinthisprovisionforthesakeofcompleteness.
s
199s 21Podiatrists
By-Law 199619Practice namesA podiatrist
must not practise under a name other than—(a)the
podiatrist’s name; or(b)if the
podiatrist is a member of a partnership and the name of thepartnership consists only of the names of
its members or formermembers—the name of the partnership;
or(c)a name approved by the board.Maximum penalty—20 penalty units.20Approval of practice names(1)A podiatrist may apply to the board
for approval of the name underwhich the
podiatrist proposes to practice.(2)Theapplicationmustbeinwritingandaccompaniedbytheprescribed fee.(3)The
board may approve a proposed name for a practice only if it
issatisfied the name—(a)doesnotindicateaparticularspecialtyorspecialinterestofpodiatry is practised at the practice;
and(b)is not misleading as to the nature of
the practice; and(c)is not vulgar or sensational in a way
that would be likely to affectadversely the
standing of the profession; and(d)does
not imply superiority for the practice over other practices;and(e)is not otherwise
unprofessional.21Canvassing or solicitingA
podiatrist must not—(a)canvass or
solicit work as a podiatrist; or(b)allow a person to canvass or solicit work
for the podiatrist.Maximum penalty—20 penalty
units.
s
2210Podiatrists By-Law 1996PART
5—MISCELLANEOUS22ExpiryThis by-law
expires on 1 July 2002.s 22
13Podiatrists By-Law 19964Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.11A1B1C22A2B2C2D2E2F2GAmendments includednoneto SL
No. 405 of 1996to SL No. 100 of 1997to SL No. 376 of
1997to SL No. 147 of 1998to SL No. 300 of
1998to SL No. 38 of 1999to SL No. 265 of
1999to SL No. 92 of 2000to SL No. 332 of
2000to SL No. 72 of 2001to SL No. 233 of
2001Reprint date27 September
19964 March 199719 May
199721 November 199714 July
199813 November 19983 April
199910 November 19999 June
200022 December 200029 June
20017 December 20015List
of legislationPodiatrists By-law 1996 SL No. 101made
by the Podiatrists Board of Queensland on 30 April 1996notfd
gaz 24 May 1996 pp 715–16commenced on date of
notificationrep 1 May 2002 (2001 No. 14 s 216)amending legislation—Podiatrists
Amendment By-law (No. 1) 1996 SL No. 405notfd gaz 20
December 1996 pp 1588–98commenced on date of
notificationPodiatrists Amendment By-law (No. 1) 1997 SL
No. 100notfd gaz 2 May 1997 pp 61–2commenced on date of notificationPodiatrists Amendment By-law (No. 2) 1997 SL
No. 376notfd gaz 7 November 1997 pp 967–8commenced on date of notificationPodiatrists Amendment By-law (No. 1) 1998 SL
No. 147notfd gaz 22 May 1998 pp 509–14commenced on date of notificationPodiatrists Amendment By-law (No. 2) 1998 SL
No. 300notfd gaz 13 November 1998 pp 982–3commenced on date of
notification