Chiropodists Act Amendment Act 1987 (Qld)

59 ON ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 8 of 1987 An Act to amend the ChiropodistsAct 1969- 1984 in certain particulars and for related purposes [ASSENTED TO 15TH APRIL, 1987]

60 Chiropodists Act Amendment Act 1987, No. 8 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Chiropodists Act Amendment Act 1987. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of short title. (1) The Chiropodists Act 1969 is amended by in section 1 (1) omitting the words "Chiropodists Act 1969" and substituting the words "Podiatrists Act 1969". (2) A reference in any Act passed before the commencement of this section or in any instrument or other document made before the commencement of this section to the "Chiropodists Act 1969" or to that Act as amended to any year specified in the reference shall be construed as a reference to the Podiatrists Act 1969 or, as the case may be, that Act as amended to the year so specified. This subsection applies without prejudice to the operation of the Acts Interpretation Act 1954-1977. 4. Savings . A reference in any Act passed before the commencement of this section or in any instrument or other document made before the commencement of this section to the words "chiropody", "chiropodist" or any derivative thereof shall be construed as a reference to the words "podiatry", "podiatrist" or, as the case may be, the relevant derivative thereof. 5. Principal Act and citation as amended . (1) In this Act the Chiropodists Act 1969-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Podiatrists Act 1969-1987. 6. Amendment of long title . The Principal Act is amended by omitting the long title and substituting the following long title:- "An Act to provide for the constitution of a Podiatrists Board, the establishment of a register of podiatrists, and the regulation of the practice of podiatry". 7. Amendment of s. 2. Arrangement of Act. Section 2 of the Principal Act is amended by omitting the word "CHIROPODISTS" and substituting the word "PODIATRISTS".

Chiropodists Act Amendment Act 1987, No. 8 61 8. Amendment of s. 3. Meaning of terms. Section 3 of the Principal Act is amended by- (a) omitting from the definition "Board" the word "Chiropodists" and substituting the word "Podiatrists"; (b) omitting the definitions "chiropodist" and "chiropody"; (c) inserting after the definition "Minister" the following definitions:- " "podiatrist"-a person registered under this Act; "podiatry"-means the diagnosis and treatment by medical, surgical, electrical, mechanical or manual methods of ailments or abnormal conditions of the human foot. The Governor in Council may by Order in Council declare a method of treatment to be podiatry for the purposes of this Act and such declaration shall have effect according to its tenor; "qualification" means any degree, diploma or certificate, which is approved by the Board, that is lawfully awarded, granted or issued by any university, college or other educational institution.". (d) omitting from the definitions "register" and "registrar" the word "Chiropodists" and substituting the word "Podiatrists" in each case. 9. Amendment of s. 5. Constitution of Board . Section 5 of the Principal Act is amended by omitting from subsection (1) the word "Chiropodists" and substituting the word "Podiatrists". 10. Amendment of s. 6. Members of Board . Section 6 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from paragraph (a) (iii) the word "chiropodist" and substituting the word "podiatrist"; (ii) omitting from paragraph (b) the word "chiropodists" where it twice occurs and substituting the word "podiatrists" in each case; (b) in subsection (2) (a)- (i) omitting the word "chiropodist" where it twice occurs and substituting the word "podiatrist"; (ii) omitting the word "chiropody" and substituting the word "podiatry". 11. Amendment of s. 7. Chairman and deputy chairman of Board. Section 7 of the Principal Act is amended by omitting the word "regulations" and substituting the word "by-laws". 12. Amendment of heading of Part III. The heading of Part III of the Principal Act is amended by omitting the word "Chiropodists" and substituting the word "Podiatrists

62 Chiropodists Act Amendment Act 1987, No. 8 13. Amendment of s. 16 . The register . Section 16 of the Principal Act is amended by in subsection (1)- (a) omitting the word "Chiropodists" and substituting the word "Podiatrists"; (b) omitting the word "chiropodists" and substituting the word "podiatrists". 14. Repeal of and new s. 17. Qualification for registration. The Principal Act is amended by repealing section 17 and substituting the following section:- "17. Qualifications for registration . (1) Subject to this Act, a person who makes application to the Board for that purpose in the prescribed form and pays the prescribed fee shall be entitled to be registered under this Act as a podiatrist if he proves to the satisfaction of the Board that- (a) (i) he is the holder of a qualification in podiatry granted after due examination by an educational institution of Queensland recognized by the Board as competent to confer the same; or (ii) he is the holder of a qualification in podiatry conferred after due examination by an educational institution in a State or Territory of Australia which institution is duly recognized in the State or Territory in which it is situated and by the Board as competent to confer that qualification, and that the qualification is equivalent to one referred to in paragraph (a), and, where conferred outside Queensland, is recognized by the Podiatrists' Board or other registration authority in the State or Territory in which it is conferred as entitling him to practise podiatry in that State or Territory; or (iii) he- (A) has passed through a regular course of study in podiatry in a school or other teaching institution in any country other than Australia and has, after due examination from a university, college or other body in that country, received a degree, diploma or certificate in podiatry that is recognized in the country in which it was obtained and is acceptable to the Board; and (B) is the holder of a certificate from the Committee on Overseas Professional Qualifications of the Commonwealth or any other body recognized by the Board as carrying out the provisions of that

Chiropodists Act Amendment Act 1987, No. 8 63 Committee certifying that he has successfully completed all stages of the examination set by that Committee or other recognized body; (b) he is of good fame and character; (c) he has a sound understanding of the English language and possesses sufficient knowledge of and sufficient skill in the expression of that language, both written and oral; and (d) he is medically fit to practice podiatry. (2) The Board may, where it thinks fit, appoint a Committee of Assessors, composed of medical practitioners (whether or not they are members of the Board), to determine the medical fitness to practise podiatry of an applicant for registration or renewal of registration, and the Board may require the applicant to appear before that Committee. On being so required the applicant shall report to the Committee of Assessors at the time and place stipulated in the requisition and shall submit himself to examination by the Committee and to such other tests or examinations as the Committee may require. On completion of the examination and such other tests or examinations as are required the Committee of Assessors shall certify to the Board as to whether or not the applicant is medically fit to practise podiatry. If an applicant fails to report or submit himself as and when required pursuant to that subsection, the Board shall reject his application for registration or renewal of registration.". 15. Amendment of s. 18. Provisional registration . Section 18 of the Principal Act is amended by omitting the word "chiropodist" wherever it occurs and substituting the word "podiatrist" in each case. 16. New s. 18A. The Principal Act is amended by inserting after section 18 the following section:- "18A. Registration of additional qualifications . A podiatrist who applies to the Board and who satisfies the Board that he is the holder of a degree, diploma, status or qualification applicable to the practise of podiatry recognized by the Board other than the qualification in respect of which he is registered shall be entitled upon payment of the prescribed fee and with the approval of the Board to have such degree, diploma, status or certificate recorded in The Register of Podiatrists.". 17. Amendment of s. 19 . Certificate of registration . Section 19 of the Principal Act is amended by omitting the word "chiropodist" wherever it occurs and substituting the word "podiatrist".

64 Chiropodists Act Amendment Act 1987, No. 8 18. Amendment of s. 20 . Annual licence fee. Section 20 of the Principal Act is amended by omitting the word "chiropodist" wherever it occurs and substituting the word "podiatrist" in each case. 19. Amendment of s. 21. Removal of name from register by request. Section 21 of the Principal Act is amended by omitting the word "chiropodist" and substituting the word "podiatrist". 20. Amendment of s. 22. Disciplinary action . Section 22 of the Principal Act is amended by- (a) omitting the word "chiropodist" wherever it appears and substituting the word "podiatrist" in each case; (b) omitting from subsection (3)- (i) the words "two hundred dollars" and substituting the words "20 penalty units"; (ii) all words from and including the words "The registrar" to and including the words "the cause thereof."; (c) adding after subsection (3) the following subsections:- "(4) Where the Board has dealt with a podiatrist under the provisions of subsection (3), the Board may order that the podiatrist pay to the Board by way of costs such sum as it thinks fit. Any costs ordered by the Board to be paid to it under this subsection may be recovered as a debt due and owing to the Board by action in any court of competent jurisdiction. (5) Any pecuniary penalty or costs ordered by the Board to be paid to it pursuant to subsection (3) or (4) shall become due and payable forthwith, or, if the Board allows time for payment thereof immediately upon expiration of the time so allowed. (6) The registrar shall secure compliance with an order of the Board made under subparagraph (a), (b) or (c) of subsection (3) or under subsection (4) and, to that end, when an order is made under subparagraph (b) of subsection (3), shall enter in the register against the relevant registration, a memorandum of the suspension of the registration and the cause thereof.". 21. Amendment of s. 23. Correction of register . Section 23 of the Principal Act is amended by omitting the word "chiropodists" where it twice occurs and substituting the word "podiatrists" in each case. 22. Amendment of s. 24 . Notification of Board ' s determinations. Section 24 of the Principal Act is amended by omitting the word "chiropodist" and substituting the word "podiatrist". 23. Amendment of s. 25. Appeals . Section 25 of the Principal Act is amended by omitting the word "chiropodist" and substituting the word "podiatrist".

Chiropodists Act Amendment Act 1987, No. 8 65 24. Repeal of and new s. 26. Holding out as chiropodist unlawful. The Principal Act is amended by repealing section 26 and substituting the following section:- "26. Certain actions implying registration or qualification prohibited . (1) A person who is not a podiatrist shall not- (a) take or use the name of or title of podiatrist or chiropodist; or (b) hold himself out as being a podiatrist or chiropodist; or (c) assume, take or use any name , initials , word , title, addition , symbol or description which having regard to the circumstances in which it is assumed, taken or used , indicates or is capable of being understood to indicate , or is calculated to lead persons to infer that he is a podiatrist , or is qualified to be registered under this Act as a podiatrist , or is competent or willing to practise podiatry. Penalty: 30 penalty units. (2) Subsection (1) does not apply to a medical practitioner within the meaning of the Medical Act 1939-1984.". 25. New s. 26A. The Principal Act is amended by inserting after section 26 the following section:- "26A. Practice of Podiatry . ( 1) A person who is not a podiatrist shall not practise or attempt to practise podiatry. Penalty: 30 penalty units. (2) Subsection ( 1) does not apply to- (a) the practice of podiatry by a medical practitioner within the meaning of the Medical Act 1939-1984; (b) a person undergoing training in podiatry at a prescribed training institution; (c) the practice of podiatry at any hospital, where such practice is carried out under the supervision of a podiatrist or medical practitioner or by a member of the nursing staff of that hospital in respect of a person undergoing treatment, other than podiatry, in that hospital. (3) A person who is not a podiatrist shall not- (a) open a podiatry practice; or (b) employ for the purpose of practising podiatry a person other than a podiatrist. Penalty: 20 penalty units.".

66 Chiropodists Act Amendment Act 1987, No. 8 26. Amendment of s. 27. Penalty for fraudulent practices . Section 27 of the Principal Act is amended by in subsection (1)- (a) omitting from subparagraph (b) the word "chiropody" and substituting the word "podiatry"; (b) omitting the words "two hundred dollars" and substituting the words "30 penalty units". 27. Amendment of s. 28. General Penalty. Section 28 of the Principal Act is amended by omitting from subsection (1) the words "one hundred dollars" and substituting the words "20 penalty units". 28. Amendment of s. 30 . Evidentiary provisions . Section 30 of the Principal Act is amended by inserting after subparagraph (a) the following subparagraph:- "(aa) a certificate purporting to be signed by the registrar certifying that a person has previously been convicted of an offence or offences against any provision of this Act shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate;". 29. Amendment of s. 31 . Regulations . Section 31 of the Principal Act is amended by- (a) in the note to the section, omitting the word "Regulations" and substituting the word "By-laws"; (b) in the first paragraph, omitting the word "regulations" and substituting the word "by-laws"; (c) in the second paragraph- (i) omitting the word "regulations" wherever it appears and substituting the word "by-laws"; (ii) inserting after subparagraph (f) the following subparagraph:- "(fa) the conditions of premises in which a podiatrist may practise podiatry;"; (iii) omitting subparagraph (g) and substituting the following subparagraph:- "(g) the fees payable under this Act and the waiver by the Board of those fees;"; (iv) omitting from subparagraph (i) the words "forty dollars" and substituting the words "20 penalty units"; (d) omitting from the third paragraph the word "Regulations" and substituting the word "By-laws".

Chiropodists Act Amendment Act 1987, No. 8 67 30. Repeal of and new s. 32. Procedural provisions re regulations. The Principal Act is amended by repealing section 32 and substituting the following section:- "32. Tabling of by-laws. Section 28A of the Acts Interpre- tation Act 1954-1977 (Tabling of Regulations) shall apply with respect to by-laws made for the purposes of this Act and, for the purposes of that application that section shall be read as if references to regulations were references to by-laws made for the purposes of this Act.". 31. Regulations to remain in force. All regulations validly made for the purposes of the Principal Act and in force immediately prior to the date of commencement of this section shall remain in force after that date of commencement until they are repealed, amended or otherwise modified pursuant to the Principal Act or until they expire pursuant to the Regulatory Reform Act 1986, whichever event occurs first.