Physiotherapy Practice (General) Regulations 2006 (SA)

South Australia

Physiotherapy Practice (General) Regulations 2006

under the Physiotherapy Practice Act 2005

Contents

1Short title

2Commencement

3Interpretation

4Exempt provider

5Representative bodies

6Annual report

7Authority conferred by registration as physiotherapy student

8Circumstances in which unqualified persons may provide restricted therapy

9Obligation to report medical unfitness or unprofessional conduct of physiotherapist or physiotherapy student

10Meaning of health product

11Meaning of health service

12Registered person etc must declare interest in prescribed business

13Information relating to claim against registered person to be provided

14Fees

Schedule 1—Revocation and transitional provision

Part 1—Revocation of Physiotherapists Regulations 1991

1Revocation of regulations

Part 2—Transitional provision

2Transitional matter

Legislative history

1—Short title

These regulations may be cited as the Physiotherapy Practice (General) Regulations 2006.

2—Commencement

These regulations will come into operation on the day on which section 5 of the Physiotherapy Practice Act 2005 comes into operation.

3—Interpretation

In these regulations—

Act means the Physiotherapy Practice Act 2005.

4—Exempt provider

For the purposes of the definition of exempt provider in section 3(1) of the Act, the University of South Australia is an exempt provider.

5—Representative bodies

For the purposes of the definition of representative body in section 3(1) of the Act, each of the following is a representative body:

(a)Australian Physiotherapy Association;

(b)Australian Physiotherapy Council;

(c)Health Consumers Alliance of South Australia Incorporated.

6—Annual report

(1)For the purposes of section 24(2)(a)(iv) of the Act, the following information is to be included in the Board's annual report in relation to the relevant financial year:

(a)the number of persons registered in each category of registration;

(b)the number of persons in each category of registration registered with limited registration;

(c)the number of physiotherapy services providers who have given notice to the Board under section 33(1) of the Act;

(d)the number of complaints received by the Board against registered persons, physiotherapy services providers or persons who occupy positions of authority in corporate or trustee physiotherapy services providers from persons of Aboriginal or Torres Strait Islander descent;

(e)the number of persons included on the register of persons who have been prohibited by order of the Board from carrying on business as a physiotherapy services provider or occupying a position of authority in a corporate or trustee physiotherapy services provider;

(f)the number of disciplinary proceedings commenced before the Board and the outcomes of those proceedings;

(g)a statement of whether codes of conduct or professional standards for registered persons, codes of conduct for physiotherapy services providers or guidelines on continuing physiotherapy education for physiotherapists have been prepared or endorsed by the Board and, if so, a summary of the codes, standards or guidelines;

(h)a description of any committees established by the Board and the purposes for which they were established;

(i)the number of persons in each category of registration in respect of whom reports have been received by the Board under section 43(1) of the Act;

(j)the number of persons in each category of registration in respect of whom reports have been received by the Board under section 43(2) of the Act;

(k)the number and nature of orders made by the Board under section 44 of the Act;

(l)the number of persons in each category of registration who have submitted information to the Board under section 56(1) of the Act;

(m)the number of persons in each category of registration in respect of whom notices have been received by the Board under section 62 of the Act;

(n)the number of claims in respect of which information has been provided to the Board under section 65(1) of the Act;

(o)the number of claims in respect of which information has been provided to the Board under section 65(2) of the Act;

(p)the number of persons found guilty of an offence against the Act, the nature of the offences and the penalties imposed.

(2)Information presented in relation to the relevant financial year should be presented in a manner enabling it to be compared with statistical data from previous years.

7—Authority conferred by registration as physiotherapy student

For the purposes of section 26(a) of the Act, registration on the physiotherapy student register authorises the person to provide physiotherapy under the supervision of a physiotherapist.

8—Circumstances in which unqualified persons may provide restricted therapy

Section 37(1)(a) of the Act does not apply in relation to restricted therapy provided by an unqualified person visiting the State—

(a)if—

(i)the person has been engaged to provide physiotherapy to persons visiting the State to participate in a sporting or cultural activity or event; and

(ii)the restricted therapy is provided to those persons only; and

(iii)the person is authorised to provide restricted therapy in a place outside the State pursuant to a licence, registration or other authority in force under the law of that place; or

(b)if—

(i)the person is participating in the conduct of a course of education or training related to physiotherapy; and

(ii)the restricted therapy is provided only as part of that course; and

(iii)the restricted therapy is provided on not more than 14 days in a calendar year; and

(iv)the Board has been given prior notice that the person will be providing restricted therapy as part of the course; and

(v)the person is authorised to provide restricted therapy in a place outside the State pursuant to a licence, registration or other authority in force under the law of that place.

9—Obligation to report medical unfitness or unprofessional conduct of physiotherapist or physiotherapy student

(1)For the purposes of section 43(1) of the Act, the following information is required to be included in a report to the Board:

(a)the diagnosis of the condition of the physiotherapist or physiotherapy student and its likely duration and prognosis;

(b)if the person making the report is of the opinion that the physiotherapist or physiotherapy student is or may be medically unfit to provide physiotherapy only in a particular branch of physiotherapy—a statement specifying the particular branch of physiotherapy and the reasons for the opinion.

(2)For the purposes of section 43(2) of the Act, the following information is required to be included in a report to the Board:

(a)the date, time and place at which it is alleged the physiotherapist or physiotherapy student engaged in unprofessional conduct;

(b)the nature of the alleged unprofessional conduct.

10—Meaning of health product

For the purposes of the definition of health product in section 54 of the Act, therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth are declared to be health products for the purposes of Part 6 of the Act.

11—Meaning of health service

For the purposes of the definition of health service in section 54 of the Act, naturopathy services are declared to be a health service for the purposes of Part 6 of the Act.

12—Registered person etc must declare interest in prescribed business

(1)For the purposes of section 56(1) of the Act, the information that must be given to the Board by a person who has an interest in a prescribed business is—

(a)the full name and residential and postal address of the person who has the interest; and

(b)if the person who has the interest is a prescribed relative of a registered person—the relationship of the person to the registered person; and

(c)the name, address and nature of the prescribed business in which the person has the interest; and

(d)the nature of the interest and of any benefit derived from the interest; and

(e)if the interest consists of a shareholding in a prescribed business—the number, nominal value and class of shares held and particulars of any voting rights exercisable by the holder at a meeting of shareholders.

(2)For the purposes of section 56(2) of the Act, details of the change in the information referred to in subregulation (1) must be given to the Board by the person.

13—Information relating to claim against registered person to be provided

(1)For the purposes of section 65(1)(a) and (2)(a) of the Act, the information relating to a claim referred to in that section to be provided to the Board within 30 days after the claim is made is—

(a)the nature of the physiotherapy that is alleged to have been carried out negligently; and

(b)full details of the alleged negligence; and

(c)the address of the premises at which the negligence is alleged to have occurred; and

(d)the time at which and the date on which the negligence is alleged to have occurred; and

(e)full details of the injury suffered or allegedly suffered by the claimant as a result of the alleged negligence; and

(f)the date of the claim.

(2)For the purposes of section 65(1)(b) and (2)(b) of the Act, the information relating to the claim referred to in that section to be provided to the Board within 30 days after any order is made by a court to pay damages or other compensation in respect of that claim or any agreement has been entered into for payment of a sum of money in settlement of that claim (whether with or without a denial of liability) is—

(a)information adequate to identify the claim; and

(b)details of any change in information previously provided to the Board relating to the claim; and

(c)details of the order or agreement (including the amount ordered or agreed to be paid).

14—Fees

(1)The Board may fix—

(a)fees or charges for the purposes of the Act;

(b)fees or charges for services provided by the Board in the exercise of its functions under the Act.

(2)However, no fee may be charged for registration on the physiotherapy student register.

(3)The Board may recover a fee or charge fixed under this regulation by action in a court of competent jurisdiction as a debt due to the Board from the person liable for payment of the fee or charge.

Schedule 1—Revocation and transitional provision

Part 1—Revocation of Physiotherapists Regulations 1991

1—Revocation of regulations

The Physiotherapists Regulations 1991 are revoked.

Part 2—Transitional provision

2—Transitional matter

A person who was a member of the Board immediately before the commencement of Schedule 1 clause 2(2) of the Act may continue to act as a member of the Board for the purpose of continuing and completing proceedings under the repealed Act.

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Physiotherapy Practice (General) Regulations 2006 were revoked by Sch 1 cl 1(l) of the Health Practitioner Regulation National Law (South Australia) Regulations 2010 on 1.7.2010.

Principal regulations

Year	No	Reference	Commencement
2006	216	Gazette 31.8.2006 p3082	1.9.2006: r 2