Chiropractors and Osteopaths Act 1991 Chiropractors and Osteopaths Regulation 1997 (1997-425) [GG No 95 of 29.8.1997, p 6648] (NSW)

1997 No 425

New South Wales

Chiropractors and Osteopaths

Regulation 1997

under the

Chiropractors and Osteopaths Act 1991

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Chiropractors and

Osteopaths Act 1991.

A Refshauge

Minister for Health

Explanatory note

The object of this Regulation is to repeal and remake, with various changes in substance, the provisions of the Chiropractors and Osteopaths Regulation

1991. The new Regulation deals with the following matters:

(a)	the registration of chiropractors and osteopaths (Part 2),
(b)	advertising by chiropractors and osteopaths (Part 3),
(c)	proceedings of the Chiropractors and Osteopaths Registration Board (Part 4),
(d)	other matters of a minor, consequential and ancillary nature (Parts 1 and 5).

This Regulation is made under the Chiropractors and Osteopaths Act 1989, including section 65 (the general regulation making power) and various other sections referred to in the Regulation.

This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.

Published in Gazette No 95 of 29 August 1997, page 6648 Page 1

1997 No 425

Chiropractors and Osteopaths Regulation 1997

Contents

Contents

Page

Part 1 Preliminary

1 Name of Regulation

2 Commencement
3 Definitions
4 Notes

Part 2 Registration of chiropractors and osteopaths

5	Certain students exempt from registration	5
6	Courses of training for chiropractors: section 9	5
7	Courses of training for osteopaths: section 10 6
8	Applications for registration: sections 9, 10, 11 and 14 6
9	Applications for examinations 7
10	Certificates of registration	7
11	New address of registered practitioner	7
12	Particulars to be entered in register: section 17	8
13	Due date and final date for payment of annual roll
fee: section 18	8

Part 3 Advertising

14 Advertising 9

Part 4 Proceedings of the Board

15 Proceedings of Board at ordinary meetings 10

16 Special and urgent meetings	10
17 Lack of quorum	10
18 Notice of motion	10
19 Method of voting at meetings	11

1997 No 425

Chiropractors and Osteopaths Regulation 1997

Contents

Page

Part 5

Miscellaneous

20	Fees	12
21	Payment of members sf Committee: section 35	12
22	Appeals against decisions of Committee: section 42	12
23	Appeals against decisions of Committee: section 43	12
24	Payment of ordinary members of Tribunal: section 44	13

25 Payment of Chairperson and Deputy Chairperson of

Tribunal: section 45 13

26	Payment of examiners	13
27	Appeals against decisions of Tribunal: section 52	13
28	Service of documents	13
29	Repeal	13

Schedules

1 Fees	14
2 Qualifications	15

1997 No 425

Clause 1	Chiropractors and Osteopaths Regulation 1997
Part 1	Preliminary

Chiropractors and Osteopaths Regulation 1997

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Chiropractors and Osteopaths Regulation

1997.

2 Commencement

This Regulation commences on 1 September 1997.

3 Definitions

In this Regulation:

appropriate fee, in relation to a particular provision of the Act or

this Regulation, means the fee set out in Schedule 1 in relation to

that provision.

approved means approved by the Board.

the Act means the Chiropractors and Osteopaths Act 1991.

4 Notes

The explanatory note and table of contents do not form part of this Regulation.

1997 No 42 5

Chiropractors and Osteopaths Regulation 1997	Clause 5
Registration of chiropractors and osteopaths	Part 2
Part 2	Registration of chiropractors and osteopaths

5     Certain students exempt from registration

A person who manipulates the joints of the human spinal column (including its immediate articulations) is exempt from the operation of section 4 of the Act, but only while the person does so:

(a)

in connection with a course leading towards a degree, diploma or other award that qualifies the person for registration as:

(i)	a medical practitioner under the Medical Practice Act 1992, or
(ii)	a physiotherapist under the Physiotherapists Registration Act 1945, and

(b)

under the direct instruction and personal supervision of:

(i)	a registered medical practitioner under the Medical Practice Act 1992, or
(ii)	a registered practitioner under the Chiropractors and Osteopaths Act 1991, or

(iii) a registered physiotherapist under the

Physiotherapists Registration Act 1945.

6     Courses of training for chiropractors: section 9

For the purposes of section 9 (a) of the Act, the prescribed courses of training are the following:

(a) a course in respect of which a diploma, certificate or other

academic award specified in Column 1 of Schedule 2 may be conferred or awarded by the institution specified opposite that award in Column 2 of that Schedule, and

(b) a course completed on or before 31 August 1981 in respect of which the person concerned has been or may be admitted by the Council of the International College of Chiropractic, South Melbourne, Victoria, to a Diploma of Applied Science (Human Biology) and a Diploma of Applied Science (Chiropractic).

1997 No 425

Clause 7	Chiropractors and Osteopaths Regulation 1997
Part 2	Registration of chiropractors and osteopaths

1. Courses of training for osteopaths: section 10

   For the purposes of section 10 (a) of the Act, the prescribed courses of training are as follows:

   a course undertaken at:

   (i)       the University of New South Wales, or

   (ii)      the University of Adelaide, or

   (iii) the University of Queensland, may confer a Bachelor of Applied Science (Osteopathy), the course undertaken at the Royal Melbourne Institute of Technology, Victoria, in respect of which that institution may confer:
   in respect of which the University concerned may confer a
   Bachelor of Science (Anatomy), being a course undertaken
   along with the course conducted by the International
   Colleges of Osteopathy, New South Wales, in respect of
   which that institution may confer a Graduate Diploma in
   Osteopathy (Grad Dip Ost),
   the course undertaken at the Phillip Institute of

   (i)      the degree of Bachelor of Applied Science (Osteopathy), or

   (ii)      the degree of Bachelor of Applied Science (Clinical Science) and the degree of Bachelor of Osteopathic Science,

the course undertaken at the Sydney College of Osteopathy
in respect of which that institution may confer:

(i)	a Diploma of Osteopathy, or
(ii)	a Diploma of Doctor of Osteopathy.

8     Applications for registration: sections 9, 10, 11 and 14

(1)  An application under section 9, 10, 11 or 14 of the Act:

(a)	must be in an approved form, and
(b)	must be lodged with the Registrar, and
(c)	must be accompanied by the appropriate fee.

1997 No 425

Chiropractors and Osteopaths Regulation 1997	Clause 8
Registration of chiropractors and osteopaths	Part 2

(3) Any such fee (or such proportion of the fee as the Registrar may determine) is to be refunded to the applicant if the application is refused.

9 Applications for examinations

(1)

An application to sit for an examination arranged by the Board:

(a)	must be in an approved form, and
(b)	must be lodged with the Registrar, and
(c)	must be accompanied by the appropriate fee.

(2)

In addition to the application fee, the fee for sitting for an examination arranged by the Board must be paid to the Registrar not less than 14 days before the date of the examination.

10 Certificates of registration

( 1)	On the registration of a person as a chiropractor, osteopath or chiropractor and osteopath, the Registrar must issue a certificate of registration to that person.
(2)	If satisfied that an existing certificate of registration has been lost, destroyed or mutilated, the Registrar may issue a replacement certificate of registration, clearly marked as such, on the payment of the appropriate fee.
(3)	A person must not, without reasonable excuse, fail to surrender his or her certificate of registration to the Registrar:
(a) within 14 days after the person’s name is removed from the register, or
(b) within 14 days after the person’s registration is suspended. Maximum penalty: 5 penalty units.

11 New address of registered practitioner

If the Registrar receives particulars of a new address from a registered practitioner, the Registrar must note those particulars in the register.

1997 No 425

Clause 12	Chiropractors and Osteopaths Regulation 1997
Part 2	Registration of chiropractors and osteopaths

12    Particulars to be entered in register: section 17

For the purposes of section 17 (2) (d) of the Act, the particulars to be entered in the register are to include the languages spoken by the registered practitioner concerned.

13     Due date and final date for payment of annual roll fee: section

For the purposes of section 18 (1) of the Act, the due date is 31

March.

For the purposes of section 18 (3) of the Act, the final date is 30

June.

An application to restore a practitioner’s name to the register:

(a)	must be in an approved form, and
(b)	must be lodged with the Registrar, and
(c)	must be accompanied by the appropriate fee.

fee under section 18 of the Act in such cases as the Board thinks

The Board may waive the payment of the whole or part of any

proper.

1997 No 425

Chiropractors and Osteopaths Regulation 1997	Clause 14
Advertising	Part 3
Part 3	Advertising

14 Advertising

A registered practitioner must not advertise, or cause to be advertised, any material relating to the registered practitioner’s practice of chiropractic or osteopathy if the material:

(a)	is false, misleading or deceptive, or
(b)	creates an unjustified expectation of beneficial treatment, or
(c)	promotes the unnecessary or inappropriate use of the services of the registered practitioner, or
(d)	claims or implies superiority for the registered practitioner in the practice of chiropractic or osteopathy.

Maximum penalty: 5 penalty units.

1997 No 425

Clause 15	Chiropractors and Osteopaths Regulation 1997
Part 4	Proceedings of the Board
Part 4	Proceedings of the Board

15     Proceedings of Board at ordinary meetings

(1)	Unless otherwise determined by the Board, a meeting of the Board is to be held each month.
(2)	However, at least 8 meetings of the Board must be held during any period of 12 months.
(3)	The Registrar must give each member at least 3 days’ notice in writing of the time and place of a meeting, together with a copy of the agenda for the meeting.

16 Special and urgent meetings

(1)	The President or any 3 members may, by notice in writing to the Registrar, call a special meeting of the Board, and any such special meeting is to be held within 7 days after the Registrar receives the notice.
(2)	The President may, by notice in writing to the Registrar, call an urgent meeting of the Board for any purpose, and any such urgent meeting is to be held within 3 days after the Registrar receives the notice.
(3)	The Registrar must give each member at least 24 hours’ notice in writing of the time and place of any special or urgent meeting.

17 Lack of quorum

If at the expiration of 30 minutes after the time appointed for any meeting of the Board a quorum is not present, the meeting and all business stand adjourned to the next meeting or to such other date as may be fixed by the members present.

18 Notice of motion

(1)

Notice of each motion or resolution intended to be proposed at
any meeting (other than a special or urgent meeting):

(a)	must be given to the Registrar in writing at least 14 days before that meeting, and
(b)	must be included in the agenda for the meeting.

(2)

Any motion must be seconded by a member before being
discussed at the meeting.

1997 No 425

Chiropractors, and Osteopaths Regulation 1997	Clause 19
Proceedings of the Board	Part 4
19 Method of voting at meetings

Any question submitted to a meeting of the Board is to be decided on the voices unless a show of hands is demanded by any member, in which case a show of hands must be taken.

1997 No 425

Clause 20	Chiropractors and Osteopaths Regulation 1997
Part 5	Miscellaneous
Part 5	Miscellaneous
20 Fees

The fees set out in Schedule 1 are prescribed for the purposes of the provisions of the Act and this Regulation set out in that Schedule.

21     Payment of members of Committee: section 35

For the purposes of section 35 (7) of the Act, a member of a Professional Standards Committee is entitled to be paid such remuneration as the Minister may from time to time determine.

22     Appeals against decisions of Committee: section 42

For the purposes of section 42 (1) of the Act, the prescribed time within which an appeal may be made to the Tribunal against any finding or exercise of power referred to in-that subsection is the time ending 21 days after notice of the reasons for the finding or exercise of power is given to the appellant.

23     Appeals against decisions of Committee: section 43

An appeal referred to in section 43 (2) of the Act is to be made:

(a)	by causing a notice of appeal, specifying the grounds on which the appeal is made, to be given to the Chairperson (or, if a Deputy Chairperson is nominated under that subsection in that regard, to the Deputy Chairperson so nominated), and
(b)	by causing a copy of the notice of appeal to be given to each other party to the proceedings from which the appeal has arisen.

Chairperson (or, if a Deputy Chairperson is nominated under that

within which an appeal on a point of law may be made to the For the purposes of section 43 (2) of the Act, the prescribed time

subsection in that regard, to the Deputy Chairperson so nominated) is the time between the referral of the complaint and the commencement of the inquiry.

1997 No 425

Chiropractors and Osteopaths Regulation 1997	Clause 24
Miscellaneous	Part 5

24     Payment of ordinary members of ‘Tribunal: section 44

For the purposes of section 44 (8) of the Act, a member of the Tribunal is entitled to be paid such remuneration as the Minister may from time to time determine.

25     Payment of Chairperson and Deputy Chairperson of Tribunal: section 45

For the purposes of section 45 (5) of the Act, the Chairperson or a Deputy Chairperson of the Tribunal is entitled to be paid at the same rate as a witness who gives expert evidence in the Supreme court.

26 Payment of examiners

An examiner appointed by the Board is entitled to be paid remuneration at such rate as the Board may from time to time determine.

27     Appeals against decisions of Tribunal: section 52

For the purposes of section 52 (1) and (5) of the Act, the prescribed time within which an appeal may be made to the Supreme Court against a decision or exercise of power referred to in that subsection is the time ending:

(a)	on the date occurring 21 days after the date on which notice of the Tribunal’s reasons for the finding or exercise of power is given to the appellant, or
(b)	on such later date as the Supreme Court may allow in a particular case.

28 Service of documents

Any document required by the Act or this Regulation to be served on a person (whether the word “serve”, “give” or “send” is used) may be served in person or by post.

29 Repeal

(1)	The Chiropractors and Osteopaths Regulation 1991 is repealed.
(2)	Any act, matter or thing that, immediately before the repeal of the Chiropractors and Osteopaths Regulation 1991, had effect under that Regulation continues to have effect under this Regulation.

1997 No 425

Chiropractors and Osteopaths Regulation 1997

Schedule 1	Fees
Schedule 1	Fees

(Clause 20)

Provision of Act	Fee
Section 9 (Registration as a chiropractor) .......................	$145
Section 10 (Registration as an osteopath) .......................	$145
Section 11 (Registration as a chiropractor and osteopath)	$145
Section 14 (1) (c) (Temporary registration as a
chiropractor, osteopath or chiropractor and osteopath) ......	$145
Section 17 (3) (Registration of additional particulars) ......	$10
Section 17 (4) (Supply extract of particulars on register) ..	$10
Section 17 (5) (Permit inspection of register) ..................	$10
Section 18 (1) (Annual roll fee) .....................................	$124
Section 18 (6) (Restoration of practitioner’s name to

register) ......................................................................

$145

Provision of Regulation Fee

Clause 9 (1) (Application to sit for examination) ............ $50

Clause 9 (2) (Sit for examination) ..................................	$270
Clause 10 (2) (Replacement certificate of registration) . . . . . .	$20

1997 No 425

Chiropractors and Osteopaths Regulation 1997

Qualifications	Schedule 2
Schedule 2	Qualifications

(Clause 6)

Table

Column 1	Column 2
Doctor of Chiropractic	Canadian Memorial Chiropractic College, Toronto, Ontario, Canada
Diploma of Chiropractic (not	Chiropractic College of
being a Diploma of Chiropractic	Australasia, Melbourne, Victoria
awarded for any postgraduate	(if the course of training was
accreditation course)	completed before 2 April 1979)
Degree of Doctor of Chiropractic	Cleveland Chiropractic College, Kansas City, Missouri, USA
Degree of Doctor of Chiropractic	Los Angeles College of Chiropractic, Glendale, California, USA
Degree of Doctor of Chiropractic	National College of chiropractic, Lombard, Illinois, USA
Degree of Doctor of Chiropractic	Northwestern College of Chiropractic, St Paul, Minnesota, USA
Degree of Doctor of Chiropractic	Palmer College of Chiropractic (formerly called the Palmer School of Chiropractic), Davenport, Iowa, USA
Diploma of Chiropractic	Sydney College of Chiropractic, Ashfield, New South Wales
Diploma of Chiropractic entitling	Sydney College of Chiropractic
the recipient to the use of the	Limited (formerly called the
title of Doctor of Chiropractic	Sydney College of Chiropractic), Ashfield, New South Wales
Diploma of Chiropractic	Pax College of Chiropractic,
(awarded in 1967 or 1968)	Sydney, New South Wales
Degree of Bachelor of Applied	Phillip Institute of Technology,
Science (Chiropractic)	Victoria
Graduate Diploma in	Sydney College of Chiropractic
Chiropractic	Limited (formerly called the Sydney College of Chiropractic), Ashfield, New South Wales

1997 No 425

Chiropractors and Osteopaths Regulation 1997

Schedule 2 Qualifications

Table—continued

Column 1	Column 2
Doctor of Chiropractic	Anglo European College of Chiropractic, Bournemouth, UK
Diploma in Chiropractic and	Chiropractic and Osteopathic
Osteopathy (awarded before 31	College of SA Incorporated
December 1979)
Diploma in Chiropractic and	Chiropractic and Osteopathic
Osteopathy (awarded before 31	Institute Incorporated
December 1979)
Degree of Doctor of Chiropractic	Cleveland College of Chiropractic, Los Angeles, California, USA
Degree of Doctor of Chiropractic	Life Chiropractic College, Marietta, Georgia, USA
Degree of Doctor of Chiropractic	Life Chiropractic College, San Lorenzo, California, USA
Degree of Doctor of Chiropractic	Logan Chiropractic College, Chesterfield, Missouri, USA
Degree of Doctor of Chiropractic	New York Chiropractic College, Glen Head, New York, USA
Degree of Doctor of Chiropractic	Palmer College of Chiropractic, West Sunnyvale, California, USA
Degree of Doctor of Chiropractic	Texas Chiropractic College, Pasadena, Texas, USA
Degree of Doctor of Chiropractic	Western States Chiropractic College, Portland, Oregon, USA
Degree of Master of Chiropractic	Macquarie University, New South Wales
Degree of Bachelor of Applied	Royal Melbourne Institute of
Science (Chiropractic)	Technology, Victoria
Degrees of Bachelor of Applied	Royal Melbourne Institute of
Science (Clinical Science),	Technology, Victoria
Bachelor of Chiropractic Science
Degree of Doctor of Chiropractic	Parker College of Chiropractic, Dallas, Texas, USA