Podiatrists Registration Amendment Act 2000 (TAS)

Podiatrists Registration Amendment Act 2000

An Act to amend the Podiatrists Registration Act 1995

[Royal Assent 14 November 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Podiatrists Registration Amendment Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Podiatrists Registration Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting "of Tasmania" after "Registration Board" in the definition of Board ; (b) by inserting the following definition after the definition of inquiry : inspection means an inspection under section 54 ; 5Section 5 amended (Continuation of Board) Section 5 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "Podiatrists Registration Board" and substituting "body corporate"; (b) by omitting from subsection (1) "is continued as a body corporate with perpetual succession and a common seal." and substituting "continues under the name "Podiatrists Registration Board of Tasmania"."; (c) by omitting from subsection (2) "may"; (d) by omitting from subsection (2)(a) "acquire" and substituting "may acquire"; (e) by omitting from subsection (2)(b) "sue" and substituting "may sue"; (f) by omitting from subsection (2)(b) "name." and substituting "name; and"; (g) by inserting the following paragraph after paragraph (b) in subsection (2) : (c) has perpetual succession. 6Section 8 substituted Section 8 of the Principal Act is repealed and the following section is substituted: 8Powers of Board The Board has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, has power to – (a) share information with podiatrists registration authorities, the Australian Podiatry Council and other relevant bodies; and (b) publish and distribute information about this Act to podiatrists and other interested persons; and (c) provide or arrange for the provision of continuing professional education for podiatrists; and (d) support other forms of education and training in relation to podiatry; and (e) be a member of any national or other body, program or forum concerned with podiatrists or podiatry; and (f) participate in the establishment of such a body, program or forum; and (g) hold or arrange examinations; and (h) do anything incidental to any of its powers. 7Section 20 amended (Application requirements) Section 20(3) of the Principal Act is amended by omitting "the payment of all or part of the prescribed application fee or prescribed annual registration fee" and substituting "all or part of the fees". 8Section 21 amended (Entitlement to registration) Section 21 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: (2)  Notwithstanding subsection (1) , the Board may determine that an applicant is not entitled to be registered if it is not satisfied that the applicant, when practising, will have adequate professional indemnification arrangements. 9Section 22 amended (Interim registration) Section 22 of the Principal Act is amended by omitting subsections (6) , (7) , (8) and (9) and substituting the following subsections: (6)  The Board may cancel a person’s interim registration for any reason it considers sufficient. (7)  If the Board decides to cancel a person’s interim registration it must immediately give the person notice of its decision and the reasons for its decision. (8)  Interim registration is in force from the date on which it is granted until the date on which the person to whom it has been granted is given notice by the Board that it has – (a) registered the person; or (b) refused to register the person; or (c) cancelled the person’s interim registration. 10Section 23 amended (Inquiry into entitlement) Section 23 of the Principal Act is amended by inserting after subsection (4) the following subsection: (4A)  If the Board decides to conduct an inquiry itself, it has, for that purpose, the same powers as a committee of inquiry. 11Section 24 amended (Recommendation of committee of inquiry) Section 24(1) of the Principal Act is amended by omitting "provide the Board with" and substituting "give the Board". 12Section 25 amended (Determination of application) Section 25(3)(b) of the Principal Act is amended by omitting "if the registration is conditional – the conditions to which the registration is subject" and substituting "if applicable, the conditions that the registration is subject to". 13Section 27 amended (Review of registration conditions) Section 27 of the Principal Act is amended by inserting after subsection (3) the following subsections: (4)  After it has reviewed a condition of registration under this section, the Board may – (a) leave the condition in place; or (b) remove the condition; or (c) modify the condition to make it less onerous. (5)  As soon as practicable after it has reviewed a condition of registration under this section, the Board must give the registered person notice of the outcome of the review. 14Section 30 amended (Register) Section 30 of the Principal Act is amended as follows: (a) by inserting in subsection (2)(b) "or contact" after "business"; (b) by inserting in subsection (2)(e) "and any modification of those conditions" after " (2) "; (c) by inserting in subsection (3)(c) "and any modification of those conditions" after " (d) "; (d) by inserting in subsection (3)(h) "or contact" after "business"; (e) by omitting from subsection (5) "or business address" and substituting ", business address or contact address"; (f) by omitting from subsection (5) "business" second occurring. 15Section 31 amended (Correction of register) Section 31(2) of the Principal Act is amended by omitting "an application under subsection (1) " and substituting "the application". 16Section 33 amended (Inspection of register) Section 33(3) of the Principal Act is amended by omitting "the payment of all or part of the prescribed fee for inspecting or obtaining a copy of or extract from the register." and substituting "all or part of the fee.". 17Section 34 amended (Publication of register, &c.) Section 34 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(b) "and any modification of that condition" after "the registration"; (b) by omitting from subsection (3) "the payment of all or part of the prescribed fee." and substituting "all or part of the fee.". 18Section 35 amended (Protection of private information) Section 35(c) of the Principal Act is amended by inserting “without the person’s permission” after "Gazette ". 19Section 36 amended (Annual registration fees) Section 36 of the Principal Act is amended by omitting subsections (3) , (4) , (5) , (6) , (7) , (8) , (9) and (10) and substituting the following subsections: (3)  A registered podiatrist who pays the prescribed annual registration fee after but within 30 days of the due date is liable to pay the prescribed late fee. (4)  The Board may waive all or part of the annual registration fee or late fee. (5)  Subject to subsections (6) and (7) , the Board must immediately issue a new certificate of registration to each registered podiatrist who, in any year – (a) pays the prescribed annual registration fee on or before the due date; or (b) pays the prescribed annual registration fee and late fee after but within 30 days of the due date. (6)  The Board may refuse to issue the new certificate of registration if it is not satisfied that the registered podiatrist – (a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) ; or (b) has adequate professional indemnification arrangements. (7)  The Board must not issue a new certificate of registration to a registered person who has not actively practised podiatry in the 5 year period preceding the due date unless it is satisfied that the person – (a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) ; and (b) would, if applying to be registered for the first time, be eligible to apply for that registration. (8)  The name of a registered podiatrist who in any year fails to pay the prescribed annual registration fee on or before the due date, or the prescribed annual registration fee and late fee within 30 days after the due date, is to be removed from the register. (9)  The name of a registered podiatrist who is refused the issue of a new certificate of registration pursuant to subsection (6) or (7) is to be removed from the register. (10)  In a case to which subsection (9) applies, the Board must refund the prescribed annual registration fee and, if applicable, late fee. (11)  For the purposes of this section, other than subsection (10) , a person whose obligation to pay a fee has been wholly or partly waived is taken to have paid that fee. 20Section 37 amended (Removal from register) Section 37 of the Principal Act is amended as follows: (a) by omitting subparagraph (iv) from subsection (1)(b) and substituting the following subparagraphs: (iv) who ceases to be registered by virtue of section 36(8) ; or (iva) who ceases to be registered by virtue of section 36(9) ; or (b) by inserting in subsection (3) ", except in a case to which subsection (1)(b)(iii) applies," after "must"; (c) by omitting from subsection (4)(b) " subsection (1) (b) (ii) or (iii) " and substituting " subsection (1)(b)(ii) , (iii) or (iv) "; (d) by omitting subsection (5) and substituting the following subsection: (5)  A person ceases to be a registered podiatrist when the giving of the notice has been effected. 21Section 38 amended (Deregistered person must surrender certificate) Section 38 of the Principal Act is amended as follows: (a) by inserting "by the Board" after "given notice"; (b) by omitting "receiving" and substituting "being given"; (c) by omitting from the penalty "a daily fine not exceeding 1·5 penalty units." and substituting ", in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues.". 22Section 39 amended (Restoring name on register) Section 39 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "and annual registration fee" after "fee"; (b) by omitting from subsection (1)(b) "for non-payment of the prescribed annual registration fee and prescribed late fee"; (c) by omitting from subsection (2) "the payment of all or part of the prescribed fee for restoring a name to the register." and substituting "all or part of the fees."; (d) by omitting subsection (3) and substituting the following subsection: (3)  The Board may refuse to restore a person’s name to the register if it is not satisfied that the person – (a) complies with the requirements specified in section 21(1)(b) , (c) , (d) and (e) ; or (b) has adequate professional indemnification arrangements. (e) by omitting subsection (5) and substituting the following subsection: (5)  If the Board restores a person’s name to the register it must, on request, issue the person with a new practising certificate. 23Section 40 amended (Evidentiary provisions) Section 40(2)(c) of the Principal Act is amended by inserting "totally or partially" after "was". 24Section 42 amended (Specific matters in respect of which complaints may be made) Section 42(1)(c) of the Principal Act is amended by inserting "podiatry" after "practise". 25Section 43 amended (Complaints procedure) Section 43(1)(c) of the Principal Act is amended by inserting "or, if that is not possible, set out such information relating to the identity of that registered podiatrist as is known to the complainant" after "made". 26Section 43A insertedBefore section 44 of the Principal Act , the following section is inserted in Division 2: 43ADivision is subject to Health Complaints Act This Division has effect subject to Part 7 of the Health Complaints Act 1995 . 27Section 44 amended (Investigations) Section 44 of the Principal Act is amended as follows: (a) by omitting subsection (3) and substituting the following subsection: (3)  On commencing an investigation into a complaint, or at any subsequent time during the investigation, the Board may give notice of the complaint and such other matters as the Board considers appropriate to the registered podiatrist who is the subject of the complaint. (b) by omitting from subsection (4) "Unless the Board determines otherwise, an" and substituting "An"; (c) by omitting subsections (7) and (8) . 28Section 46 amended (Procedure for less serious complaints) Section 46 of the Principal Act is amended as follows: (a) by omitting subsections (1) and (2) and substituting the following subsections: (1)  In this section, matter means – (a) a matter giving rise to a complaint against a podiatrist; or (b) a matter that the Board considers could be grounds for a complaint against a podiatrist. (2)  If the Board considers that a matter may not be sufficiently serious to warrant an investigation it may, by notice, require the podiatrist concerned to  – (a) appear before it to give an explanation of the matter; or (b) provide it with a written explanation. (b) by omitting subsection (4) and substituting the following subsections: (3A)  In determining whether to require a personal appearance or a written explanation, the Board may have regard to the complexity of the matter, travelling hardship and such other factors as it considers appropriate. (4)  A notice under subsection (2)(a) is to – (a) set out particulars of the matter; and (b) specify the date, time and place at which the podiatrist is required to appear; and (c) inform the podiatrist that, before that date, he or she may request in writing that the matter be referred directly to a disciplinary committee; and (d) inform the podiatrist of the other circumstances in which the matter may be referred to a disciplinary committee; and (e) state that the appearance before the Board is not open to the public; and (f) state that the podiatrist is entitled to make submissions when appearing before the Board but is not entitled to be represented. (4A)  A notice under subsection (2)(b) is to – (a) set out particulars of the matter; and (b) specify a date by which the podiatrist is required to provide the Board with the written explanation; and (c) inform the podiatrist that, before that date, he or she may request in writing that the matter be referred directly to a disciplinary committee; and (d) inform the podiatrist of the other circumstances in which the matter may be referred to a disciplinary committee. (c) by omitting from subsection (5) "The notice" and substituting "A notice"; (d) by omitting subsections (6) , (7) and (8) and substituting the following subsections: (6)  The date specified under subsection (4)(b) or subsection (4A)(b) is to be not less than 14 days after the date of giving the notice. (7)  The Board must not take any further action in respect of a matter if, after considering the explanation of the podiatrist concerned, it is not satisfied that the matter has been substantiated. (8)  If, after considering an explanation given to it under this section, the Board is satisfied that a matter has been substantiated but that it is not sufficiently serious to warrant an investigation, the Board may do either or both of the following: (a) caution or reprimand the podiatrist concerned; (b) accept an undertaking from the podiatrist concerned to take or refrain from taking specified action. (e) by omitting from subsection (9)(a) " subsection (2) " and substituting " subsection (2)(a) "; (f) by inserting the following paragraph after paragraph (a) in subsection (9) : (ab) the podiatrist concerned fails to provide the Board with a written explanation as required by a notice under subsection (2)(b) or, before the date on which the explanation is required to be provided, requests in writing that the matter be so referred; or (g) by omitting from subsection (9)(c) "investigation by a disciplinary committee" and substituting "an investigation"; (h) by omitting paragraph (d) from subsection (9) and substituting the following paragraph: (d) in a case to which subsection (8) applies, the podiatrist concerned does one or more of the following: (i) disputes that the matter has been substantiated; (ii) refuses to accept the caution or reprimand; (iii) refuses to give, or retracts, the required undertaking. 29Section 48 amended (Actions that may be taken by the Board) Section 48 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(b) ", wholly or partially," after "registration"; (b) by omitting from subsection (1)(g) "clear" and substituting "exonerate"; (c) by omitting from subsection (2) "clears" and substituting "exonerates"; (d) by inserting the following subsection after subsection (3) : (3A)  If the Board imposes a condition on the defendant under subsection (1)(d) it has the same powers in relation to that condition as it has under section 27(3) and (4) in relation to a condition imposed at the time of registration. 30Section 49 amended (Costs and expenses of investigations) Section 49 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "within such period of time as the Board by the order allows" after "fit"; (b) by omitting from subsection (2) "clear" and substituting "exonerate"; (c) by omitting from subsection (3) "clear" and substituting "exonerate"; (d) by omitting subsection (4) . 31Section 50 amended (Notice of decision) Section 50 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(b) "appeal." and substituting "appeal; and"; (b) by inserting the following paragraph after paragraph (b) in subsection (1) : (c) any order made by the Board under section 49(1) . (c) by omitting subsection (2) ; (d) by omitting from subsection (3)(b) "confirmed" and substituting "affirmed or varied by the Supreme Court"; (e) by omitting from subsection (4) "served on" and substituting "given to"; (f) by inserting the following subsection after subsection (4) : (4A)  If a decision of the Board under section 48(1)(b) takes effect, the defendant ceases – (a) in the case of a total suspension of registration, to be registered until the period of suspension expires; or (b) in the case of a partial suspension of registration, to be entitled to practise in the areas of practice to which the partial suspension applies until the period of suspension expires. (g) by inserting in subsection (5)(c) "the Gazette, in any newspaper and in" after "in"; (h) by omitting paragraphs (d) and (e) from subsection (5) and substituting the following paragraph: (d) cause notice of its decision to be published in any other way it considers appropriate. 32Section 51 amended (Suspension of registration) Section 51 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (1) : (1A)  The suspension may be – (a) a total suspension of registration; or (b) a partial suspension of registration, being suspension that applies only in respect of certain areas of practice specified by the Board. (b) by inserting the following paragraph after paragraph (a) in subsection (4) : (ab) in the case of a partial suspension, the areas of practice to which the suspension applies; and (c) by omitting subsection (5) and substituting the following subsections: (5)  When the giving of the notice is effected in the case of a total suspension of registration, the person is taken not to be registered until the period of suspension specified in the notice expires or the suspension is revoked by the Board. (5A)  When the giving of the notice is effected in the case of a partial suspension of registration, the person’s entitlement to practise podiatry in the areas of practice specified under subsection (1A)(b) is suspended until the period of suspension specified in the notice expires or the Board’s decision is quashed by the Supreme Court or the suspension is revoked by the Board. (d) by omitting from the penalty under subsection (6) "a daily fine not exceeding 1·5 penalty units." and substituting ", in the case of a continuing offence, a further fine not exceeding 1.5 penalty units for each day during which the offence continues."; (e) by omitting subsection (7) and substituting the following subsection: (7)  If the Board suspends a podiatrist’s registration under this section it has and may exercise, if it considers that it is in the public interest to do so, the same power to give notice of the decision as it has under section 50(5) in relation to a decision to which that section applies. 33Section 54 amended (Inspections) Section 54(4) of the Principal Act is amended by omitting "under this section". 34Sections 55 and 56 substituted Sections 55 and 56 of the Principal Act are repealed and the following sections are substituted: 55Right of appeal (1)  A person may appeal to the Supreme Court if the person is aggrieved by a decision of the Board to – (a) refuse to register the person; or (b) impose a condition on the person’s registration under section 25 (2) , whether or not the condition has been modified under section 27 ; or (c) remove the person’s name from the register other than under section 37(1)(b)(ii) , (iii) or (iv) ; or (d) refuse to restore the person’s name to the register under section 39 ; or (e) suspend the person’s registration under section 51 ; or (f) refuse to record in the register additional particulars or qualifications in respect of that person; or (g) refuse to issue that person with a new certificate of registration under section 36 (6) or (7) ; or (h) take an action under section 48 in respect of that person. (2)  An appeal is to be instituted within 30 days after notice of the Board’s decision is given to the person. 56Hearing of appeals (1)  On hearing an appeal against a decision of the Board, the Supreme Court may – (a) affirm the decision; or (b) vary the decision; or (c) quash the decision. (2)  If the Court quashes the decision it may, according to the circumstances of the case – (a) substitute for the decision it has quashed any decision that the Board would have had jurisdiction to make in those circumstances; or (b) remit the matter to the Board, with or without directions, for further hearing or consideration or for rehearing or reconsideration. (3)  The Court may make any further order that it considers just in the circumstances of the case and, without limiting the generality of this, may order the Board to take or refrain from taking any action in respect of the appellant. 35Part 6, Division 1: Heading amended Division 1 of Part 6 of the Principal Act is amended by omitting "Protection of the profession" from the heading to that Division and substituting "Public and professional safeguards". 36Section 57 amended (Offence to practise podiatry if unregistered) Section 57 of the Principal Act is amended as follows: (a) by omitting from the penalty under subsection (1) "a daily fine not exceeding 5 penalty units." and substituting ", in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues."; (b) by inserting in subsection (2) "acting in the normal course of their profession" after "physiotherapist". 37Section 58 substituted Section 58 of the Principal Act is repealed and the following section is substituted: 58False claims (1)  A person who is not a registered podiatrist must not hold himself or herself out, or allow himself or herself to be held out, as being – (a) a registered podiatrist; or (b) authorised in any way to practise podiatry.

Penalty:  Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2·5 penalty units for each day during which the offence continues.

(2)  Subsection (1)(b) does not apply to a medical practitioner, nurse or physiotherapist. 38Section 59 amended (Unauthorised use of certain titles) The penalty under section 59 of the Principal Act is amended by omitting "a daily fine not exceeding 2·5 penalty units." and substituting ", in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.". 39Sections 60 and 61 substituted Sections 60 and 61 of the Principal Act are repealed and the following section is substituted: 60Provision of podiatric services by bodies corporate A body corporate must not cause or allow a podiatric service to be provided in its name or on its behalf unless the person providing the service is a registered podiatrist.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

40Section 64 amended (Offences of dishonesty) Section 64 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  A person must not make or produce, or cause to be made or produced, a false or misleading statement, either orally or in writing, in connection with an application, inquiry, inspection or investigation.

Penalty:  Fine not exceeding 25 penalty units.

(b) by omitting from subsection (2) "change" and substituting "fraudulently alter"; (c) by omitting subsection (3) and substituting the following subsection: (3)  A person must not, with intent to obtain, retain or claim registration under this Act – (a) forge or fraudulently alter a University Degree or other evidence of a qualification; or (b) utter a University Degree, or other evidence of a qualification, knowing it to be forged or fraudulently altered.

Penalty:  Fine not exceeding 25 penalty units.

41Section 66 amended (Offences relating to inquiries and investigations, &c.) The penalty under section 66(1) of the Principal Act is amended by omitting "a daily fine not exceeding 2·5 penalty units." and substituting ", in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.". 42Sections 68 and 69 substituted Sections 68 and 69 of the Principal Act are repealed and the following sections are substituted: 68Medical practitioners' notices relating to fitness to practise A registered medical practitioner who signs an order under the Mental Health Act 1996 or a medical recommendation under the Alcohol and Drug Dependency Act 1968 in respect of a person who the medical practitioner knows or believes to be a registered podiatrist must, as soon as practicable after signing the order or recommendation, give notice to the Board of that fact.

Penalty:  Fine not exceeding 5 penalty units.

69Information about bodies corporate (1)  In this section – corporate provider means a body corporate that provides podiatric services or causes or allows such services to be provided in its name or on its behalf; reasonable period means a period, of not less than 21 days, determined by the Board; relevant information means information that the Board reasonably considers it necessary or expedient to have for the purposes of exercising its powers or performing its functions. (2)  The Board, by notice, may require a corporate provider to give it any one or more of the following: (a) any relevant information about the corporate provider’s membership, shareholdings, officers or employees; (b) any other relevant information about the corporate provider’s structure, management or operations; (c) a copy of its memorandum or articles of association. (3)  A corporate provider must comply with a notice under subsection (2) within such reasonable period as is specified in the notice.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(4)  The Board, by notice, may require a registered podiatrist to give it any relevant information about his or her involvement with a corporate provider. (5)  A registered podiatrist must comply with a notice under subsection (4) within such reasonable period as is specified in the notice.

Penalty:  Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

43Section 70 substituted Section 70 of the Principal Act is repealed and the following section is substituted: 70Service of documents (1)  A document may be given to the Board or a committee by – (a) leaving it at, or sending it by post to, the Board’s address; or (b) sending it by way of facsimile transmission to the Board’s facsimile number; or (c) sending it by way of electronic mail to the Board’s electronic mail address. (2)  A document may be given to another person by – (a) in the case of an individual – (i) handing it to the person; or (ii) sending it by way of facsimile transmission to the person’s facsimile number; or (iii) sending it by way of electronic mail to the person’s electronic mail address; or (b) in the case of another person – (i) leaving it at, or sending it by post to, the person’s principal or registered office or principal place of business; or (ii) sending it by way of facsimile transmission to the person’s facsimile number; or (iii) sending it by way of electronic mail to the person’s electronic mail address. (3)  A document that is posted to a person is taken not to have been given to that person until the time when it would have been delivered in the ordinary course of post. 44Section 71 amended (Common seal of Board) Section 71 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  The Board may have a common seal and, if so, it is to be kept and used as authorised by the Board. 45Section 73 amended (Appropriation of fees, penalties and fines) Section 73 of the Principal Act is amended by inserting after subsection (3) the following subsection: (4)  Any costs or expenses ordered to be paid under section 49(1) may be recovered as a debt due to the Board. 46Section 74 repealed Section 74 of the Principal Act is repealed. 47Section 77 repealed Section 77 of the Principal Act is repealed. 48Section 82 substituted Section 82 of the Principal Act is repealed and the following section is substituted: 82Fees Unless otherwise prescribed, the Fee Units Act 1997 does not apply to this Act. 49Section 83 repealed Section 83 of the Principal Act is repealed. 50Schedule 3 amended (Powers and Procedures of Committees of Inquiry and Disciplinary Committees) Schedule 3 to the Principal Act is amended as follows: (a) by inserting the following definition after the definition of committee in clause 1 : hearing means that part of any proceedings during which evidence is taken, oral submissions are made or findings are announced; (b) by omitting the definition of proceedings from clause 1 and substituting the following definition: proceedings means – (a) in the case of a committee of inquiry, an inquiry; and (b) in the case of a disciplinary committee, an investigation. (c) by omitting from clause 5(2) "hearing any proceedings" and substituting "conducting a hearing"; (d) by inserting the following subclause after subclause (3) in clause 5 : (4)Nothing in this clause is to be taken as preventing a committee from – (a) meeting in camera before a hearing for the purpose of preparing for that hearing; or (b) meeting in camera for the purpose of deliberating on or reaching a finding on any matter in the course of, or at the conclusion of, a hearing. (e) by omitting clause 6 and substituting the following clause: 6.   Representation, &c. (1)An applicant who is the subject of an inquiry is entitled to attend a hearing held in the course of the inquiry and to be represented by a legal practitioner or any other person. (2)A defendant who is the subject of an investigation is entitled to attend a hearing held in the course of the investigation and to be represented by a legal practitioner or any other person. (3)At a hearing held in the course of an investigation the Board is entitled to be represented by a legal practitioner or any other person. (4)The Board, at its own expense, may appoint a legal practitioner to assist a committee in conducting any proceedings. (5)A party to an investigation is entitled to tender evidence to the committee conducting the investigation and to examine any person who tenders evidence in the investigation. (6)The Secretary may – (a) become a party to any proceedings; and (b) be represented in the proceedings by an employee of the Department. 51Schedule 6 repealed Schedule 6 to the Principal Act is repealed. 52OmissionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "prescribed" on the number of occurrences specified in Column 2 of that Schedule . Schedule 1Omissions

Section 52

Column 1

Provision amended

Column 2

Number of occurrences

Section 20(1)(c)

second only

Section 46(3)

1

Section 46(9)

first only

Section 46(9)(b)

1

Section 46(9)(c)

1

[Second reading presentation speech made in:

House of Assembly on 3 OCTOBER 2000

Legislative Council on 24 OCTOBER 2000]