Chiropractic Manipulative Therapists Act Amendment Act 1988 (Qld)

9 (J ueen5ianb ANNO TRICESIMO SEPTIMO ELIZA ET AE SECUN D AE ®EGINAE 9 1 "" 1 0 . 3- CA- I An Act to amend the Chiropractic Manipulative TherapistsAct 1979- 1987 in certain particulars [ASSENTED TO 7TH APRIL, 1988]

10 Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 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 Chiropractic Manipulative Therapists Act Amendment Act 1988. 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) Subject to subsection (1), this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Amendment of short title . (1) The Chiropractic Manipulative Therapists Act 1979 is amended by omitting from section 1 the words "Chiropractic Manipulative Therapists" and substituting the words "Chiropractors and Osteopaths". (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 Chiropractic Manipulative TherapistsAct 1979 or to that Act as amended in any year specified in the reference shall be construed as a reference to the Chiropractors and OsteopathsAct 1979 or, as the case may be, that. Act as amended in the year so specified. (3) Subsection (2) applies without prejudice to the operation of the Acts Interpretation Act 1954-1985. 4. Citation. (1) In this Act the Chiropractic Manipulative TherapistsAct 1979-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Chiropractors and Osteopaths Act 1979-1988. 5. New long title . The Principal Act is amended by omitting the long title and substituting the following words:- "An Act to provide for the constitution of a Chiropractors and Osteopaths Board, the establishment of a. register of chiropractors and osteopaths and the regulation of the practice of chiropractic and osteopathy". 6. Amendment of s. 4. Meaning of terms. Section 4 of the Principal Act is amended by- (a) omitting from the definition "Board" the words "Chiropractic Manipulative Therapists" and substituting the word "Chiropractors and Osteopaths";

Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 11 (b) omitting the definitions "chiropractic manipulative therapist" and "chiropractic manipulative therapy" and substituting the following definitions:- " "chiropractic and osteopathy" means the manual mobilisation of the joints of the vertebral column (including its immediate articulations) of the human body; "chiropractor and osteopath" means a person registered as a chiropractor and osteopath under this Act and whose name, at the material time, remains on the register;"; (c) omitting from the definition "register" the words "Chiropractic Manipulative Therapists" and substituting the words "Chiropractors and Osteopaths". 7. Amendment of s. 7. Members of Board. Section 7 of the Principal Act is amended by omitting subsection (2). 8. Amendment of s. 17. The register. Section 17 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "Chiropractic Manipulative Therapists" and substituting the words "Chiropractors and Osteopaths"; (ii) omitting the words "chiropractic manipulative therapists" and substituting the words "chiropractors and osteopaths or persons who are deemed by this Act to be so registered"; (b) in subsection (3), omitting from paragraph (a) the words "Chiropractic Manipulative Therapists" and substituting the words "Chiropractors and Osteopaths"; (c) adding at the end of the section the following subsection:- "(4) A list published pursuant to subsection (3) shall not contain the name of any person deemed by section 19 or 21 to be registered as a chiropractor and osteopath.". 9. Repeal by repealing section 1 18 and 19. The Princi; ' At : is amended Q and substituting the ft )v' n°ctions:- "1g. ^.- entitled to be for registration . (1) A person shall be stered as a chiropractor and ostec (a) he applies to the Board in the prescribed form; (b) he pays the prescribed fee; (c) he satisfies the Board that he is of good fame and character; (d) he satisfies the Board that he is medically fit to practise as a chiropractor and osteopath;

12 Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 and (e) he is the holder of- (i) a qualification prescribed by the by-laws; or (ii) a certificate of conditional registration granted pursuant to section 19 and satisfies the Board that he is practising as a chiropractor and osteopath within the State and has complied with any conditions to which the certificate is subject. (2) If a person to whom a certificate of conditional registration has been granted pursuant to section 19 becomes entitled to be registered under this section while that certificate is in force, his registration under this section shall, unless otherwise decided by the Board, date from the granting of the certificate of conditional registration. (3) For the purpose of determining whether an applicant for registration under subsection (1) or conditional registration under section 19 is medically fit to practise as a chiropractor and osteopath, the Board may require the applicant to appear before a committee of medical practitioners appointed by the Board for that purpose. (4) A certificate given by a committee in respect of the medical fitness of an applicant to practise as a chiropractor and osteopath shall be binding on the Board. 19. Conditional registration . (1) A person shall be entitled to be granted a certificate in the prescribed form of conditional registration as a chiropractor and osteopath if- (a) he applies to the Board in the prescribed form; (b) he pays the prescribed fee; (c) he satisfies the Board as mentioned in paragraphs (c) and (d) of section 18 (1); (d) he satisfies the Board that 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; (e) he satisfies the Board that he has an adequate knowledge of the conditions governing the practice of chiropractic and osteopathy in Australia; (f) he satisfies the Board that, having duly completed a course of study in an educational institution outside Australia, he is the holder of a degree, diploma or certificate of an equivalent standard to a qualification prescribed for the purposes of section 18 and nominated by the Board for the purposes of this paragraph; (g) he satisfies the Board that he has the knowledge, skill and ability to practise as a chiropractor and osteopath in the State.

Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 13 (2) The Board may, for the purpose of determining an application for conditional registration , require the applicant to complete such practical or oral or written examinations as it thinks fit and may appoint examiners in respect of those examinations. (3) An examiner shall notify the Board in writing of an applicant' s results in an examination and may recommend that the Board, if it grants conditional registration to the applicant, require him to undertake a period of supervised practice in chiropractic and osteopathy in the State as mentioned in section 19A (2). (4) A person granted a certificate of conditional registration shall, while it remains in force, be deemed to be registered under this Act as a chiropractor and osteopath and this Act shall apply to and with respect to him accordingly. (5) A certificate of conditional registration shall be granted for a period of 12 months, which period shall not be extended. (6) The Board may at any time, without taking disciplinary action pursuant to section 25, order the registrar to cancel a certificate of conditional registration issued to any person who shall thereupon cease to be deemed to be registered as a chiropractor and osteopath. 19A. Board may impose conditions . (1) The Board may subject a grant of registration or conditional registration to such conditions as it thinks fit and may at any time revoke or amend a condition or impose a new condition. (2) Without limiting the generality of the power conferred by subsection (1), the Board, when granting a person's application for registration or conditional registration, may require the person to undertake a specified period of supervised practice in chiropractic and osteopathy in the State (whether or not a recommendation to that effect has been made under section 19 (3)) under conditions approved by the Board.". 10. Amendment of s. 21 . Provisional registration . Section 21 of the Principal Act is amended by- (a) inserting in subsection (1) after the words "to be registered", where twice occurring, the words "or, as the case may be, conditionally registered" in each case; (b) omitting from subsection (2) the proviso and substituting the following words:- "Provided that the Board may at any time before the date so stated or fixed, without taking disciplinary action pursuant to section 25, direct the registrar to cancel such certificate and such person shall thereupon cease to be deemed to be registered as a chiropractor and osteopath and such cancellation shall, for the purposes of this Act, be deemed to be a refusal by the Board of the application by that person to be registered or, as the case may be, conditionally registered as a chiropractor and osteopath.";

14 Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 (c) omitting from subsection (3) the words "as a chiropractic manipulative therapist" and substituting the words "or, as the case may be, conditionally registered as a chiropractor and osteopath". 11. Amendment of s. 24. Removal of name from register. Section 24 of the Principal Act is amended by adding at the end of subsection (1), after the word "register", the following expression and words:- 64 . (c) whose name erroneously remains on the register or has been erroneously entered in the register". 12. Amendment of s. 25. Disciplinary action. Section 25 of the Principal Act is amended in subsection (1) by omitting from paragraph (e) the words "no longer" and substituting the word "not". 13. Amendment of s. 27. Notification of Board's determinations. Section 27 of the Principal Act is amended by omitting the words "as a chiropractic manipulative therapist" and substituting the words "or, as the case may be, conditionally registered as a chiropractor and osteopath". 14. A m endment of s. 28 . Appeals. Section 28 of the Principal Act is amended by omitting subsection ( 1) and substituting the following subsections:- "(1) A person aggrieved by- (a) a refusal by the Board of his application to be registered or, as the case may be, conditionally registered as a chiropractor and osteopath; (b) an order made against him by the Board under section 19 (6) or 25; (c) any condition imposed by the Board under section 19A or the amendment of any condition, may appeal therefrom to a judge of District Cots.-` isbane who shall have jurisdiction to hear and de? rn,_ L : e 'ter and whose decision shall be final and shall bet. by the Board. (IA) Where an appeal by a person from an order made by the Board under section 19 (6) is allowed , the court may- (a) direct that the person ' s certificate of conditional registration be restored to him; or (b) grant the person registration as a chiropractor and osteopath.".

Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 15 15. Repeal of and new s. 32. The Principal Act is amended by repealing section 32 and substituting the following section:- "32. Exemptions. Section 30 (1) (a) does not apply to the practice of chiropractic and osteopathy by- (a) a medical practitioner; or (b) a physiotherapist, or by a person who is undergoing a course of study or training in- (c) chiropractic and osteopathy within a State or Territory of the Commonwealth in order to obtain a qualification prescribed for the purposes of section 18; (d) medicine; or (e) physiotherapy, and who acts under the direct instruction and supervision of a chiropractor and osteopath, a medical practitioner or a physiotherapist.". 16. Amendment of s. 38. By-laws. Section 38 of the Principal Act is amended by- (a) omitting paragraph (k) and substituting the following paragraph:- "(k) the nature of supervised practice that the Board may require to be undertaken pursuant to section 19A (2);"; (b) omitting from paragraph (m) the word "or", occurring after the word "manner", and substituting the word "of'. 17. Transitional. (1) A person who, immediately before the commencement of this section, is a chiropractic manipulative therapist within the meaning of the Principal Act shall, upon that commencement, be deemed to be a chiropractor and osteopath within the meaning of the Chiropractors and Osteopaths Act 1979-1988. (2) Upon the commencement of this section, a reference in any by-law, instrument or other document made under or for the purposes of the Principal Act- (a) to chiropractic manipulative therapy shall be read as a reference to chiropractic and osteopathy; (b) to chiropractic manipulative therapist shall be read as a reference to chiropractor and osteopath. 18. Table of amendments to references . The Principal Act is amended by omitting from each provision specified in the first column of the following table the expression or expressions (wherever occurring) specified in the corresponding position in the second column and

16 Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 substituting in each case the expression specified in the corresponding position in the third column. TABLE Provision of Principal Act Expression to be omitted Expression to be Substituted Number of Times Amend- ment to be made section 3 CHIROPRACTIC MANIPULATIVE THERAPISTS CHIROPRACTORS once AND OSTEOPATHS section 6 subsection (1) Chiropractic Manipulative Chiropractors once Therapists and Osteopaths section 7 subsection (1) chiropractic manipulative chiropractor once therapist and osteopath chiropractic manipulative chiropractors 3 times therapists and osteopaths the heading CHIROPRACTIC to Part III MANIPULATIVE THERAPISTS CHIROPRACTORS once AND OSTEOPATHS section 20 subsection (1) chiropractic manipulative chiropractic therapy and osteopathy twice chiropractic manipulative chiropractors once therapists and osteopaths chiropractic manipulative chiropractor once therapist and osteopath section 21 subsection (1) chiropractic manipulative chiropractor 3 times therapist and osteopath subsection chiropractic manipulative chiropractor twice (2) (first therapist and paragraph) osteopath

Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 17 TABLE-continued Provision of Principal Act Expression to be omitted Expression to be Substituted Number of Times Amend- ment to be made section 22 subsection (1) subsection (2) section 23 subsection (1) subsection (2) section 24 subsection (1) subsection (2) (a) subsection (2) (b) section 25 subsection (1) subsection (2) subsection (3) chiropractic manipulative chiropractor therapist and osteopath chiropractic manipulative chiropractor therapist and osteopath once once chiropractic manipulative chiropractor therapist and osteopath chiropractic manipulative chiropractor therapist and osteopath twice once chiropractic manipulative chiropractor once therapist and osteopath chiropractic manipulative chiropractors once therapists and osteopaths chiropractic manipulative chiropractic twice therapy and osteopathy chiropractic manipulative chiropractic once therapy and osteopathy chiropractic manipulative chiropractor therapist and osteopath chiropractic manipulative chiropractor therapist and osteopath chiropractic manipulative chiropractor therapist and osteopath 6 times once twice

18 Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 TABLE-continued Provision of Principal Act Expression to be omitted Expression to be Substituted subsection (4) I I chiropractic manipulative chiropractor therapist and osteopath Number of Times Amend- ment to be made twice section 26 subsection (1) subsection (2) section 29 chiropractic manipulative chiropractors twice therapists and osteopaths chiropractic manipulative chiropractor therapist and osteopath chiropractic manipulative chiropractor therapist and osteopath once I once section 30 subsection (1) before paragraph (a) chiropractic therapist manipulative chiropractor and osteopath once paragraph (a) chiropractic manipulative chiropractic once therapy and osteopathy paragraph (b) chiropractic manipulative chiropractor once therapist, and osteopath, a chiropractic manipulative a chiropractor once therapist and osteopath chiropractic manipulative chiropractic once therapy and osteopathy paragraph (c) chiropractic manipulative chiropractic 4 times therapy and osteopathy

Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 19 TABLE- continued Provision of Principal Act Expression to be omitted Expression to be Substituted Number of Times Amend- ment to be made section 31, subsection (1) subsection (2) chiropractic manipulative chiropractic therapy and osteopathy chiropractic manipulative chiropractor therapist and osteopath chiropractic manipulative chiropractor therapist and osteopath once twice once section 33 subsection (1) (b) chiropractic manipulative chiropractic once therapy and osteopathy section 36 paragraph (a) chiropractic manipulative chiropractor therapist and osteopath once section 38 paragraph (f) chiropractic manipulative chiropractor therapist and osteopath once chiropractic manipulative chiropractic once therapy and osteopathy paragraph (j) chiropractic manipulative chiropractors 3 times therapists and osteopaths chiropractic manipulative chiropractor once therapist and osteopath chiropractic manipulative chiropractic 3 times therapy and osteopathy

20 Chiropractic Manipulative Therapists Act Amendment Act 1988, No. 3 TABLE-continued Provision of Principal Act Expression to be omitted Expression to be Substituted Number of Times Amend- ment to be made paragraph (I) chiropractic manipulative chiropractors once therapists and osteopaths 19. Amendment of penalties . The Principal Act is amended in the provisions specified in the first column of the following table to the extent specified in the corresponding position in the second column:- TABLE Provision of Principal Act Amendment section 25 (3) paragraph (c) omit the expression "$1 000" and substitute the expression "$2 000" section 30 (1) omit the expression "$500" and substitute the expression "$1 500" section 33 (1) omit the expression "$200" and substitute the expression "$1 500" section 34 (1) omit the expression "$1 000" and substitute the expression "$2 000" section 38 paragraph (i) omit the expression "$500" and substitute the expression "$1 500"