Physiotherapists Act 1991 (SA)
South Australia
Physiotherapists Act 1991
An Act to provide for the registration of physiotherapists and to regulate the practice of physiotherapy; and for other purposes.
Contents
Part 1—Preliminary
1Short title
2Commencement
4Interpretation
Part 2—Board
Division 1—Constitution of Board
5Continuation of Board
6Constitution of Board
7Term and conditions of office
8Remuneration and expenses
9Personal interest of member
10Quorum etc
11Committees
12Delegation of functions and powers
13Validity of acts of Board
14Registrar and officers of Board
Division 2—Functions of Board
15Functions of Board
Division 3—Administrative provisions
16Accounts and audit
17Report
Part 3—Registration and practice
Division 1—Eligibility for registration
18Qualifications for registration
Division 2—Registration
19Application for registration
20Registration and provisional registration
21Limited registration
22Renewal of registration
23Revocation or variation of conditions
24Register
25Certificates of registration
Division 3—Practice of physiotherapy
26Obligation to be registered
27Illegal holding out as being registered
28Prohibition on use of certain words
29Board's approval required if physiotherapist has not practised for five years
30Practitioners to be indemnified against loss
31Information relating to claim against physiotherapist to be provided
Division 4—Special obligations of registered companies
32Company to comply with requirements of Act
33Alteration to memorandum or articles of association
34Companies not to practise in partnership
35Employment of registered persons by company
36Joint and several liability
37Return by companies
Part 4—Investigations and inquiries
Division 1—Investigations
38Powers of inspectors
39Offences relating to investigations
40Obligation to report incapacity
41Investigation of mental or physical capacity
Division 2—Inquiries
42Inquiries
43Procedure in relation to inquiries
44Powers of Board
45Costs
Division 3—Consequences of action against registered physiotherapists in other jurisdictions
46Consequences of action against registered physiotherapists in other jurisdictions
Part 5—Appeals
47Appeals
48Operation of order may be suspended
Part 6—Miscellaneous
49Penalty for breach of conditions
50Offences by body corporate
51Protection from personal liability
52Evidentiary provision
53Punishment of conduct that constitutes offence
54Service of documents and notices
55Summary offences
56Application of fines
57Regulations
Schedule—Transitional provisions
Legislative history
Appendix—Divisional penalties and expiation fees
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Physiotherapists Act 1991.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
4—Interpretation
(1)In this Act, unless the contrary intention appears—
the Board means the Physiotherapists Board of South Australia;
company means a company as defined in section 9 of the Corporations Law;
director of a company includes—
(a)any person occupying or acting in the position of director of the company (whether validly appointed to occupy, or duly authorised to act in, that position or not); and
(b)any person in accordance with whose directions or instructions the directors of the company are accustomed to act;
equipment includes appliances or instruments used in, or for the purposes of, practising physiotherapy;
inspector means a person authorised by the Board to exercise the powers of an inspector under this Act;
physiotherapy means—
(a)any treatment applied to the human body (including manipulative therapy, electrotherapy, therapeutic exercise and massage) for the purpose of preventing, curing or alleviating any abnormality of movement or posture or any other sign associated with physical disability; and
(b)any related service or advice; and
(c)an act or activity of a class declared by regulation to be physiotherapy;
prescribed relative, in relation to a physiotherapist, means a parent, spouse, putative spouse, child or grandchild of the physiotherapist;
putative spouse includes a person who is a putative spouse notwithstanding that a declaration has not been made under the Family Relationships Act 1975 in relation to that person;
record means—
(a)a documentary record;
(b)a record made by an electronic, electro-magnetic, photographic or optical process;
(c)any other kind of record;
registered means registered under this Act;
the Registrar means the Registrar of the Board;
share, in relation to a company, includes a right to participate in the distribution of the profits of the company.
(2)For the purposes of this Act, a physiotherapist whose registration is under suspension will be regarded as unregistered.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
Part 2—Board
Division 1—Constitution of Board
5—Continuation of Board
(1)The Physiotherapists Board of South Australia continues in existence.
(2)The Board is a body corporate.
(3)The Board has full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.
(4)Where an apparently genuine document appears to bear the common seal of the Board, it will be presumed in legal proceedings, in the absence of proof to the contrary, that the document has been duly executed by the Board.
6—Constitution of Board
(1)The Board consists of seven members appointed by the Governor and of these—
(a)one will be a legal practitioner; and
(b)one will be a medical practitioner; and
(c)one will be a person, who is not a legal practitioner, medical practitioner or registered physiotherapist, nominated to represent the interests of persons receiving physiotherapy services; and
(d)one will be a registered physiotherapist nominated by the Council of the University of South Australia; and
(e)three will be registered physiotherapists elected in accordance with the regulations by registered physiotherapists.
(2)If an election for the purposes of subsection (1)(e) fails for any reason, the Governor may appoint a registered physiotherapist and the person so appointed will be taken to have been appointed after election by registered physiotherapists.
(3)A member of the Board who is a registered physiotherapist will be appointed by the Minister to preside at meetings of the Board.
(4)The Minister must consult the Board before making an appointment under subsection (3).
7—Term and conditions of office
(1)Subject to this Act, a member of the Board will be appointed for a term not exceeding three years, on such conditions as the Governor determines, and on the expiration of a term of office is eligible for reappointment.
(2)The Governor may appoint an appropriate person to be a deputy of a member of the Board and that person, while acting in the absence of that member, has all the powers, rights and duties of that member.
(3)The Governor may remove a member of the Board from office for—
(a)any breach of, or non-compliance with, conditions of appointment; or
(b)mental or physical incapacity to carry out official duties satisfactorily; or
(c)neglect of duty; or
(c)dishonourable conduct.
(4)The office of a member of the Board becomes vacant if the member—
(a)dies; or
(b)completes a term of office and is not reappointed; or
(c)resigns by written notice addressed to the Minister; or
(d)is removed from office by the Governor under this section.
(5)On the office of a member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office, but where the office of a member becomes vacant before the expiration of a term of appointment, the successor will be appointed only for the balance of the term.
8—Remuneration and expenses
(1)The members of the Board are entitled to such remuneration and expenses as may be determined by the Governor.
(2)Any amount to which a member of the Board is entitled under this section will be paid from the funds of the Board.
9—Personal interest of member
A member who has a personal interest or a direct or indirect pecuniary interest in a matter under consideration by the Board is disqualified from participating in the Board's consideration of that matter.
10—Quorum etc
(1)Four members of the Board constitute a quorum of the Board.
(2)In the absence of the member appointed to preside at meetings of the Board, the members present at a meeting must decide who is to preside.
(3)A decision carried by the votes of a majority of the members of the Board present at a meeting is a decision of the Board.
(4)Each member present at a meeting of the Board is entitled to one vote on a matter arising for determination at that meeting and the person presiding has, in the event of an equality of votes, a second or casting vote.
(5)The Board must cause accurate minutes to be kept of the business conducted at its meetings.
(6)Subject to this Act, the business of the Board must be conducted in a manner determined by the Board.
11—Committees
(1)The Board may establish committees—
(a)to advise the Board on any matter related to the administration of this Act; or
(b)to carry out functions on behalf of the Board (other than the function of the registration and professional discipline of physiotherapists).
(2)The Board may appoint a person who is not a member of the Board to be a member of a committee.
12—Delegation of functions and powers
(1)The Board may delegate any of its functions or powers except those relating to investigations and inquiries under Part 4.
(2)A delegation under this section—
(a)may be made—
(i)to a member, to the Registrar or to an officer or employee of the Board; or
(ii)to a committee established by the Board under this Act; and
(b)may be made subject to such conditions as the Board thinks fit; and
(c)is revocable at will; and
(d)does not derogate from the power of the Board to act in any matter itself.
(3)A person to whom functions or powers are delegated under this section is disqualified from acting in pursuance of the delegation in relation to any matter in which that person has a personal interest or a direct or indirect pecuniary interest.
13—Validity of acts of Board
An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.
14—Registrar and officers of Board
(1)The Board may appoint (on such conditions as it thinks fit)—
(a)a Registrar; and
(b)such other officers and employees as are necessary for the administration of this Act.
(2)An officer or employee of the Board is not a Public Service employee.
Division 2—Functions of Board
15—Functions of Board
(1)The Board is responsible for—
(a)the registration and professional discipline of physiotherapists; and
(b)exercising a general oversight over the standards of physiotherapy practice; and
(c)monitoring the standards of courses of instruction and training available to—
(i)those seeking registration as physiotherapists; and
(ii)registered physiotherapists seeking to maintain and improve their skills in the practice of physiotherapy,
and consulting with educational authorities in relation to the establishment, maintenance and improvement of such courses; and
(d)exercising the other functions assigned to it by or under this Act.
(2)The Board must exercise its functions under this Act with a view—
(a)to ensuring that the community is provided with physiotherapy services of the highest standard; and
(b)to achieving and maintaining professional standards of competence and conduct in the practice of physiotherapy.
Division 3—Administrative provisions
16—Accounts and audit
(1)The Board must cause proper accounts to be kept of its financial affairs.
(2)The Board must prepare a statement of accounts in respect of each financial year and have the statement audited by a registered company auditor.
17—Report
(1)The Board must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act during the financial year that ended on the preceding 30 June.
(2)The report must contain statistics relating to complaints received by the Board and the orders and decisions of the Board.
(3)The Minister must, within 12 sitting days after delivery of the report, cause a copy of the report to be laid before each House of Parliament.
Part 3—Registration and practice
Division 1—Eligibility for registration
18—Qualifications for registration
(1)Subject to this Act, a natural person is eligible for registration as a physiotherapist, if that person—
(a)is of or above the age of 18 years; and
(b)is a fit and proper person to be so registered; and
(c)has prescribed qualifications and experience in the practice of physiotherapy; and
(d)fulfils all other requirements prescribed by the regulations.
(2)Subject to this Act, a company is eligible for registration as a physiotherapist if it satisfies the Board—
(a)that the memorandum and articles of association of the company contain provisions to the following effect:
(i)the sole object of the company must be to practise as a physiotherapist; and
(ii)the directors of the company must be natural persons who are registered physiotherapists (but where there are only two directors, one may be a registered physiotherapist and the other may be a prescribed relative of that physiotherapist); and
(iii)no share in the company is to be owned beneficially except by a registered physiotherapist who is a director or employee of the company or by a prescribed relative of that physiotherapist; and
(iv)the total voting rights exercisable at a meeting of the members of the company must be held by registered physiotherapists who are directors or employees of the company; and
(v)no director of the company may, without the approval of the Board, be a director of any other company that is registered as a physiotherapist; and
(vi)where the right of a registered physiotherapist and of his or her prescribed relatives to hold shares in the company ceases by virtue of the physiotherapist ceasing to be a director or employee of the company, the shares must be—
(A)redeemed by the company; or
(B)distributed amongst the remaining members of the company (or their prescribed relatives); or
(C)transferred to a registered physiotherapist who is to become a director or employee of the company (or to his or her prescribed relatives),
in accordance with the memorandum and articles of association of the company; and
(vii)the shares of a person who is a shareholder by virtue of being the spouse of a registered physiotherapist must—
(A)on dissolution or annulment of marriage with the physiotherapist; or
(B)in the case of a putative spouse, on cessation of cohabitation with the physiotherapist,
be redeemed by the company, or distributed amongst the remaining members of the company, in accordance with the memorandum and articles of association of the company; and
(b)that the memorandum and articles of association are otherwise appropriate to a company formed for the purpose of practising as a physiotherapist.
Division 2—Registration
19—Application for registration
(1)An application for registration under this Act—
(a)must be made in the prescribed manner and form; and
(b)must be accompanied by the prescribed application fee.
(2)An applicant for registration must, if the Board so requires—
(a)furnish the Board with such information, papers or documents as it specifies; and
(b)verify by statutory declaration any information furnished for the purposes of the application.
20—Registration and provisional registration
(1)Where—
(a)application is made for registration as a physiotherapist in accordance with this Act; and
(b)the Board is satisfied that the applicant is eligible for registration,
the Board must register the applicant as a physiotherapist.
(2)If it appears likely that the Board will grant an application for registration as a physiotherapist, the Registrar may provisionally register the applicant.
(3)Provisional registration remains in force until the application is determined by the Board.
(4)A certificate of registration must be issued to a registered physiotherapist.
21—Limited registration
(1)Where a person who applies for registration under this Act does not have the necessary qualifications or experience or does not fulfil the other requirements prescribed by the regulations, the Board may register that person in pursuance of this section—
(a)in order to enable the person—
(i)to do whatever is necessary to become eligible for full registration under this Act; or
(ii)to teach or to undertake research or study in South Australia; or
(b)if, in its opinion, registration of the person is in the public interest.
(2)Where a person who applies for registration under this Act has not satisfied the Board that he or she is a fit and proper person to be registered unconditionally, but otherwise fulfils the requirements prescribed by or under this Act for registration, the Board may register that person in pursuance of this section.
(3)When granting an application referred to in subsection (1) or (2) the Board may—
(a)restrict the places and times at which the applicant may practise physiotherapy; or
(b)limit the areas of physiotherapy in which the applicant may practise; or
(c)limit the period during which the registration will have effect; or
(d)impose such other conditions as the Board thinks fit.
22—Renewal of registration
(1)Subject to this Act, registration under this Act (not being provisional registration or registration for a limited period) remains in force until 30 June next ensuing after the grant of registration and may be renewed for successive periods of one year expiring on 30 June.
(2)An application for renewal of registration under this Act must be made to the Board in the prescribed manner and form.
(3)The application must be delivered to the Registrar not earlier than 1 April and not later than 31 May preceding the end of the registration period, but the Board may, if it thinks fit, determine an application notwithstanding that it is delivered out of time.
(4)Where application is made in accordance with this Act for renewal of registration, the Board must, on payment of the prescribed renewal fee, renew the registration.
23—Revocation or variation of conditions
The Board may, at any time, on the application of a registered physiotherapist, revoke or vary any condition attached to his or her registration.
24—Register
(1)The Registrar must keep a register of physiotherapists.
(2)The Registrar must, on payment of the prescribed fee, enter on the register any new or additional qualifications of a prescribed kind that have been acquired by a registered physiotherapist.
(3)The Registrar must remove from the register the name of a physiotherapist who dies or ceases for any reason to be registered under this Act.
(4)The Registrar must correct any entry in the register that is not, or has ceased to be, correct.
(5)The Registrar must, on payment of the prescribed fee, make the register available for inspection.
25—Certificates of registration
The Registrar may, on request and payment of the prescribed fee, issue a duplicate registration certificate or any other certificate setting out information contained in the register.
Division 3—Practice of physiotherapy
26—Obligation to be registered
(1)Subject to this section, a person who is not registered under this Act must not—
(a)practise physiotherapy for fee or reward; or
(b)use prescribed equipment in the provision of services that constitute physiotherapy.
Penalty: Division 5 fine or division 7 imprisonment.
(2)Subsection (1) does not apply to—
(a)a person who practises physiotherapy, under the personal supervision of a registered physiotherapist, in connection with a prescribed course of training;
(b)a person carrying on the business of a hospital, nursing home or rest home who practises physiotherapy through the instrumentality of a registered physiotherapist or of a person who is under the personal supervision of a registered physiotherapist;
(c)a person who practises physiotherapy under the personal supervision of a registered physiotherapist on behalf of a person carrying on the business of a hospital, nursing home or rest home;
(d)a qualified person personally providing services that constitute physiotherapy in the ordinary course of his or her professional practice;
(e)a person who practises physiotherapy only by reason that he or she massages another or provides advice related to massage;
(f)a person who is a trainer of a sporting team, club or organisation and—
(i)who practises physiotherapy only by reason of applying treatment (in accordance with the directions of a medical practitioner or registered physiotherapist) to members of the team, club or organisation for the purposes of preventing injury being suffered, or alleviating injury suffered, by any member in the course of participation in sport or training on behalf of the team, club or organisation; but
(ii)who does not, for the purpose of alleviating an injury, apply such treatment for a period longer than one month.
(3)In this section—
qualified person means—
(a)a person registered under an Act as a person qualified to provide services that constitute physiotherapy; or
(b)a person authorised by an Act to provide services that constitute physiotherapy.
27—Illegal holding out as being registered
(1)A person who is not registered under this Act must not hold himself or herself out as being so registered or permit another person to do so.
Penalty: Division 5 fine or division 7 imprisonment.
(2)A person must not hold out another as being registered under this Act unless the other person is so registered.
Penalty: Division 5 fine or division 7 imprisonment.
28—Prohibition on use of certain words
(1)Subject to this section, a person who is not registered under this Act must not use a prescribed word or its derivatives to describe himself or herself or a service that he or she provides.
Penalty: Division 5 fine or division 7 imprisonment.
(2)Subject to this section, a person must not, in the course of advertising or promoting a service that he or she provides, use a prescribed word or its derivatives to describe a person who is engaged in the provision of the service but who is not registered under this Act.
Penalty: Division 5 fine or division 7 imprisonment.
(3)In this section—
prescribed word means—
(a)physiotherapist; or
(b)physical therapist; or
(c)manipulative therapist; or
(d)electrotherapist; or
(e)any other word or expression prescribed by regulation.
(4)This section does not prevent a registered chiropractor from using, or being described under, the title "manipulative therapist".
29—Board's approval required if physiotherapist has not practised for five years
(1)A registered physiotherapist who has not practised physiotherapy for five years or more must not practise physiotherapy without first obtaining the approval of the Board.
Penalty: Division 5 fine.
(2)The Board may, before granting its approval under subsection (1), require the physiotherapist to undertake a refresher course or to obtain specified qualifications and experience.
(3)An approval under subsection (1) may be subject to conditions restricting the physiotherapist's right to practice.
30—Practitioners to be indemnified against loss
Note—
Section 30 had not come into operation at the date of the publication of this version.
(1)A physiotherapist must not practise physiotherapy unless—
(a)an agreement subsists between the physiotherapist and a person approved of by the Board; and
(b)the Board is satisfied that, by virtue of that agreement, the physiotherapist will be compensated to the extent required by the Board in the event that he or she suffers loss by reason of civil liability incurred in the practice of physiotherapy.
Penalty: Division 5 fine.
(2)The Board may, on such conditions as it thinks fit, exempt a physiotherapist or a class of physiotherapists from the requirements of this section and may, whenever it thinks fit, revoke an exemption or vary the conditions under which an exemption operates.
31—Information relating to claim against physiotherapist to be provided
Where a person has claimed damages or other compensation from a registered physiotherapist for alleged negligence committed in the course of practice as a physiotherapist, the physiotherapist concerned must, within 30 days after—
(a)a court has ordered the physiotherapist to pay damages or compensation in respect of the claim; or
(b)an agreement is entered into to pay a sum of money in settlement of the claim (whether with or without a denial of liability),
provide the Board with prescribed information relating to the claim.
Penalty: Division 5 fine.
Division 4—Special obligations of registered companies
32—Company to comply with requirements of Act
(1)If a provision required by this Act to be included in the memorandum or articles of association of a company registered under this Act is not complied with, the company must, within 14 days, report the non-compliance to the Board.
Penalty: Division 7 fine.
(2)The Board may give such directions as are necessary to secure compliance with the provision.
(3)The registration of a company that has received a direction from the Board under subsection (2) will, if the company has not satisfied the Board that it has complied with the direction, be suspended from the expiration of the time allowed by the Board for compliance with the direction and will remain suspended until the company satisfies the Board that it has complied with the direction.
33—Alteration to memorandum or articles of association
A company registered under this Act must not alter its memorandum or articles of association unless the proposed alteration has been submitted to, and approved by, the Board or is made in pursuance of a direction by the Board.
Penalty: Division 7 fine.
34—Companies not to practise in partnership
A company registered under this Act must not practise in partnership with any other person unless it has been authorised to do so by the Board.
Penalty: Division 7 fine.
35—Employment of registered persons by company
(1)A company registered under this Act must not, without the approval of the Board, employ more registered physiotherapists than twice the number of directors of the company.
Penalty: Division 7 fine.
(2)For the purposes of subsection (1), a person who is both an employee and director of the company will not be counted as an employee.
(3)An approval of the Board under subsection (1)—
(a)must be in writing; and
(b)may be absolute or conditional; and
(c)may be varied or revoked by the Board at any time.
36—Joint and several liability
Any civil liability incurred by a company registered under this Act is enforceable jointly and severally against the company and the persons who were directors at the time the liability was incurred.
37—Return by companies
(1)A company registered under this Act must within one month after a person becomes or ceases to be a director or member of the company lodge with the Board a notice in writing of that fact stating the name and residential address of that person.
Penalty: Division 7 fine.
(2)A company registered under this Act must lodge with the Board in July of each year a return in the form approved by the Board containing the information required by the Board.
Penalty: Division 7 fine.
Part 4—Investigations and inquiries
Division 1—Investigations
38—Powers of inspectors
(1)If the Board has reasonable grounds to suspect—
(a)that an unregistered person may have practised physiotherapy for fee or reward contrary to this Act; or
(b)that there is proper cause for disciplinary action against a registered physiotherapist; or
(c)that a registered physiotherapist may be mentally or physically unfit to practise as a physiotherapist,
an inspector may investigate the matter.
(2)For the purposes of an investigation, an inspector may—
(a)enter premises of a registered physiotherapist or of a person suspected of unlawfully practising physiotherapy;
(b)put questions to persons on the premises;
(c)if the inspector reasonably suspects that an offence against this Act has been committed—seize and remove any object that, in the opinion of the inspector, affords evidence of the offence.
39—Offences relating to investigations
(1)Subject to subsection (2), a person who—
(a)hinders or obstructs an inspector in the exercise of a power conferred by this Act; or
(b)refuses or fails to answer truthfully questions put by an inspector pursuant to this Act,
is guilty of an offence.
Penalty: Division 7 fine.
(2)A person is not required to answer a question put by an inspector if the answer would tend to incriminate him or her of an offence.
40—Obligation to report incapacity
Where a medical practitioner is treating a registered physiotherapist in relation to an illness that, in the opinion of the medical practitioner, has resulted in or is likely to result in mental or physical incapacity that seriously impairs, or may seriously impair, the physiotherapist's ability to practise physiotherapy, the medical practitioner must submit a written report to the Board stating—
(a)the reasons for that opinion; and
(b)the views (if known) of any other medical practitioner in relation to the matter; and
(c)all other prescribed information.
Penalty: Division 7 fine.
41—Investigation of mental or physical capacity
(1)If the Board has reason to suspect that a registered physiotherapist may be mentally or physically unfit to practise physiotherapy or to exercise an unrestricted right of practice, the Board may, by notice in writing, require the physiotherapist to submit to an examination by a medical practitioner nominated in the notice on or before a date specified in the notice.
(2)If a registered physiotherapist fails to comply with a requirement under subsection (1), the registration is suspended until the requirement is complied with.
Division 2—Inquiries
42—Inquiries
(1)The Board may, on its own initiative or on receipt of a complaint, conduct an inquiry in order to determine—
(a)whether a registered physiotherapist is mentally or physically unfit to practise physiotherapy or to exercise an unrestricted right of practice; or
(b)whether there is proper cause for disciplinary action against a registered physiotherapist.
(2)The Board may decline to inquire into a complaint if it considers the complaint frivolous or vexatious.
(3)If, after conducting an inquiry, the Board is satisfied that a registered physiotherapist is mentally or physically unfit to practise physiotherapy or to exercise an unrestricted right of practice, the Board may, by order—
(a)impose conditions restricting the right of practice; or
(b)suspend the registration for a period not exceeding three years; or
(c)cancel the registration.
(4)If, after conducting an inquiry, the Board is satisfied that there is proper cause for disciplinary action against a registered physiotherapist, the Board may, by order, exercise any one or more of the following powers:
(a)it may reprimand the physiotherapist; or
(b)it may impose a division 5 fine; or
(c)it may impose conditions restricting the right of practice; or
(d)it may suspend the registration for a period not exceeding three years; or
(e)it may cancel the registration.
(5)A fine imposed under this section by the Board may be recovered as a debt due to the Board.
(6)There is proper cause for disciplinary action against a registered physiotherapist if—
(a)the registration was obtained improperly;
(b)the physiotherapist has been convicted, or is guilty, of an offence against this Act, an offence involving dishonesty or an offence punishable by imprisonment for one year or more;
(c)the physiotherapist is guilty of unprofessional conduct.
(7)Disciplinary action may be taken under this section against a person who was registered as a physiotherapist when the cause for disciplinary action arose but has since ceased to be registered as a physiotherapist.
43—Procedure in relation to inquiries
(1)The Board must give to a person in relation to whom an inquiry is to be held, and to any person on whose complaint an inquiry is to be held, not less than 14 days written notice of the time and place at which it intends to conduct the inquiry.
(2)A person to whom notice has been given pursuant to subsection (1) may be represented by counsel at the inquiry and must be allowed a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses and to make submissions to the Board.
(3)If a person to whom a notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Board may hold the inquiry in his or her absence.
(4)The Board is not bound by the rules of evidence and may inform itself on any matter as it thinks fit.
(5)The Board must act according to equity, good conscience and the substantial merits of the case.
(6)Subject to this Act, the procedure at an inquiry will be as determined by the Board.
44—Powers of Board
(1)For the purposes of an inquiry under this Part, the Board may—
(a)by summons signed on behalf of the Board by a member of the Board or the Registrar, require the attendance before the Board of any person whom the Board thinks fit to call before it; or
(b)by summons signed on behalf of the Board by a member of the Board or the Registrar, require the production to the Board of any relevant records or equipment and, in the case of a record that is not a documentary record in the English language, require the production of a written statement in the English language of the contents of the record; or
(c)inspect any records or equipment produced before it and retain them for such reasonable period as it thinks fit, and make copies of the records or their contents; or
(d)require any person to make an oath or affirmation (which may be administered by any member of the Board) to answer truthfully questions put by any member of the Board or any person appearing before the Board; or
(e)require any person appearing before the Board (whether summoned to appear or not) to answer any questions put by any member of the Board or by any person appearing before the Board.
(2)Subject to subsection (3), a person—
(a)who fails without reasonable excuse to comply with a summons issued to attend, or to produce records or equipment, before the Board; or
(b)who, having been served with a summons to produce a written statement of the contents of a record in the English language fails, without reasonable excuse, to comply with the summons or produces a statement that he or she knows, or ought to know, is false or misleading in a material particular; or
(c)who misbehaves before the Board, wilfully insults the Board or one or more of the members in the exercise of the member's official duties, or interrupts the proceedings of the Board; or
(d)who refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Board,
is guilty of an offence.
Penalty: Division 5 fine or division 7 imprisonment.
(3)A person is not required to answer a question put by the Board or to produce records or a statement if the answer to the question, or the contents of the record or statement, would tend to incriminate him or her of an offence.
(4)In the course of an inquiry, the Board may—
(a)receive in evidence any transcript of evidence in proceedings before a court and draw any conclusions of fact that it considers proper; or
(b)adopt, as in its discretion it considers proper, any finding, decision or judgment of a court that may be relevant to the proceedings.
45—Costs
(1)The Board may order a party to an inquiry to pay such amount as the Board considers just and reasonable towards the costs of any other party to the inquiry.
(2)A party who is dissatisfied with the Board's assessment of costs may request a Master of the Supreme Court to tax the costs and the Master may confirm or vary the assessment.
(3)Subject to this section, where the Board orders a party to pay costs, those costs may be recovered as a debt.
Division 3—Consequences of action against registered physiotherapists in other jurisdictions
46—Consequences of action against registered physiotherapists in other jurisdictions
(1)Where, in consequence of action taken against a registered physiotherapist in another State or a Territory of the Commonwealth, a registered physiotherapist's right to practise physiotherapy in that State or Territory is suspended or cancelled, the registration of the physiotherapist under this Act is, unless the Board otherwise determines, automatically suspended or cancelled.
(2)Where such a physiotherapist is reinstated on the register in that other State or Territory, the physiotherapist is, unless the Board otherwise determines, automatically reinstated on the register in this State.
Part 5—Appeals
47—Appeals
(1)A right of appeal to the Supreme Court lies against any decision or order of the Board made in the exercise or purported exercise of its powers or functions under this Act.
(2)The appeal must be instituted within one month of the making of the decision or order appealed against.
(3)The Supreme Court may, on the hearing of the appeal, exercise any one or more of the following powers according to the nature of the case:
(a)affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision or order that should have been made in the first instance;
(b)remit the subject matter of the appeal to the Board for further hearing or consideration or for rehearing;
(c)make any further or other order as to costs or any other matter that the case requires.
(4)The Board must, if so required by a person affected by a decision or order made by it, state in writing the reasons for its decision or order.
(5)If the reasons of the Board are not given in writing at the time of making a decision or order and the appellant within one month of the making of the decision or order requests the Board to state its reasons in writing, the time for instituting the appeal runs from the time when the appellant receives the written statement of those reasons.
48—Operation of order may be suspended
(1)Where an order has been made by the Board and the Board or the Supreme Court is satisfied that an appeal against the order has been instituted, or is intended, it may suspend the operation of the order until the determination of the appeal.
(2)Where the Board has suspended the operation of an order under subsection (1), the Board may terminate the suspension, and where the Supreme Court has done so, the Supreme Court may terminate the suspension.
Part 6—Miscellaneous
49—Penalty for breach of conditions
A person who contravenes, or fails to comply with, a condition imposed under this Act in relation to the practice of physiotherapy is guilty of an offence.
Penalty: Division 5 fine.
50—Offences by body corporate
(1)Where a body corporate is guilty of an offence against this Act, every responsible officer of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless it is proved that the officer could not by the exercise of reasonable diligence have prevented the commission of the offence by the body corporate.
(2)In this section—
responsible officer means—
(a)a director or secretary of the body corporate; or
(b)any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or
(c)a person concerned in the management of the body corporate.
51—Protection from personal liability
(1)No personal liability attaches to—
(a)a member of the Board; or
(b)the Registrar or any other member of the Board's staff; or
(c)an inspector,
for an act or omission by that person or the Board, in good faith, in the exercise or discharge or purported exercise or discharge of powers, duties or functions under this Act.
(2)A liability that would, but for subsection (1), lie against a person lies against the Crown.
52—Evidentiary provision
(1)In any legal proceedings, a certificate under the hand of the Registrar that any person was or was not registered under this Act at a specified date or as to any other matter contained in the register is, in the absence of proof to the contrary, proof of the matter so certified.
(2)A document appearing to be a certificate under subsection (1) will, in the absence of proof to the contrary, be accepted as such in any legal proceedings.
53—Punishment of conduct that constitutes offence
Where conduct constitutes an offence and is also a ground for disciplinary action under this Act, the taking of disciplinary action under this Act is not a bar to conviction and punishment for the offence, nor is conviction and punishment for the offence a bar to disciplinary action under this Act.
54—Service of documents and notices
A notice or document to be given under this Act may be sent by post.
55—Summary offences
(1)Offences against this Act are summary offences.
(2)A prosecution for an offence against this Act must be commenced within 12 months after the date on which the offence is alleged to have been committed or such further period as the Minister may, in a particular case, allow.
(3)A document apparently signed by the Minister and stating that the Minister allows a specified extension of the period for commencing a particular prosecution is to be accepted, in the absence of proof to the contrary, as proof of the fact so stated.
56—Application of fines
A fine imposed for an offence against this Act must be paid to the Board.
57—Regulations
(1)The Governor may make such regulations as are necessary or expedient for the purposes of, or as are contemplated by, this Act.
(2)Without limiting the generality of subsection (1), the regulations may—
(a)prescribe and regulate the standard of premises and equipment to be used in the practice of physiotherapy;
(b)regulate advertising by physiotherapists in relation to the practice of physiotherapy;
(c)regulate the conduct of physiotherapists in connection with the practice of physiotherapy;
(d)declare any conduct to be unprofessional;
(e)prescribe (or empower the Board to prescribe) fees or charges for the purposes of this Act and provide for the recovery of a fee or charge so prescribed;
(f)empower the Board to exempt (conditionally or unconditionally) persons of a specified class from any specified provisions of this Act;
(g)prescribe fines not exceeding a division 7 fine for contravention of, or non-compliance with, a regulation.
Schedule—Transitional provisions
1The offices of all members of the Board become vacant on the commencement of this Act.
2A person registered as a physiotherapist under the repealed Act immediately before the commencement of this Act is to be taken to be registered under this Act.
3A person licensed as a physiotherapist under the repealed Act immediately before the commencement of this Act is to be taken to be registered under this Act and that registration is subject to any conditions to which the licence was subject.
4In this Schedule—
the repealed Act means the Physiotherapists Act 1945.
Legislative history
Notes
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Repeal of Act
The Physiotherapists Act 1991 was repealed by Sch 1 cl 1 of the Physiotherapy Practice Act 2005 on 1.9.2006.
Legislation repealed by principal Act
The Physiotherapists Act 1991 repealed the following:
Physiotherapists Act 1945
Principal Act
| Year | No | Title | Assent | Commencement |
| 1991 | 5 | Physiotherapists Act 1991 | 21.3.1991 | 1.12.1993 (Gazette 4.11.1993 p2176) except s 30—uncommenced |
Provisions amended
Entries that relate to provisions that have been deleted appear in italics.
| Provision | How varied | Commencement |
| Long title | amended under Legislation Revision and Publication Act 2002 | § |
| Pt 1 | ||
| s 3 | omitted under Legislation Revision and Publication Act 2002 | § |
Appendix—Divisional penalties and expiation fees
At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:
| Division | Maximum imprisonment | Maximum fine | Expiation fee |
| 1 | 15 years | $60 000 | — |
| 2 | 10 years | $40 000 | — |
| 3 | 7 years | $30 000 | — |
| 4 | 4 years | $15 000 | — |
| 5 | 2 years | $8 000 | — |
| 6 | 1 year | $4 000 | $300 |
| 7 | 6 months | $2 000 | $200 |
| 8 | 3 months | $1 000 | $150 |
| 9 | – | $500 | $100 |
| 10 | – | $200 | $75 |
| 11 | – | $100 | $50 |
| 12 | – | $50 | $25 |
Note: This appendix is provided for convenience of reference only.
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