Psychologists Registration Act 1987 (Vic)

Version No. 020

Psychologists Registration Act 1987

Act No. 60/1987

Version incorporating amendments as at 11 February 1999

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	1
3.	Definitions	1

PART 2—PSYCHOLOGISTS REGISTRATION BOARD OF

VICTORIA 3

4.	Constitution of Board	3
5.	Terms and conditions of appointment	4
6.	Acting members	4
7.	Vacancies	5
8.	Proceedings of Board not invalid by reason of vacancy etc.	6
9.	Procedure of Board	7
10.	Registrar and staff of the Board	7
11.	Functions and powers of the Board	7

PART 3—REGISTRATION 9

12.	Application for registration of psychologist	9
13.	Eligibility for registration as psychologist	9
14.	Application for registration of probationary psychologist	10
15.	Eligibility for registration as probationary psychologist	11
16.	Discretion of Board	11
17.	Examinations	12
18.	Specialist psychologists	12
19.	Period of registration	13
20.	Renewal of registration	13
21.	Refusal to renew registration	14
22.	Register	14
23.	Suspension or cancellation of registration etc.	15
24.	Notice of refusal, suspension or cancellation etc.	15
25.	Effect of suspension or cancellation etc.	16
26.	Effect of refusal etc. on probationary psychologist	16

i

Section	Page
PART 4—INQUIRIES BY THE BOARD	19

27.	Inquiry into capacity	19
28.	Inquiry into professional conduct	20
29.	Some grounds for inquiry	20
30.	Powers of Board in conducting inquiry	22
31.	Findings open to the Board	23
32.	Penalties	23
33.	Sections 24, 25(1) and 26 to apply	24

PART 5—APPEALS 25

34. Appeal to Supreme Court 25

PART 6—ENTITLEMENTS 27

35.	Use of title of psychologist etc.	27
36.	Display of notice of fees	27
37.	Use of words "psychological company" etc.	27

PART 7—OFFENCES 29

38.	Use of title of psychologist etc. by unregistered person	29
39.	Use of words "Registered by the Psychologists Registration
Board of Victoria"	29
40.	Use of title by tertiary institution	30
41.	Prescribed tests	30

PART 8—FINANCIAL 31

42. General fund 31

43–45. Repealed	31
PART 9—MISCELLANEOUS	32

46. Regulations 32

PART 10—TRANSITIONAL PROVISIONS AND

CONSEQUENTIAL AMENDMENTS 34

47.	Repeal of Psychological Practices Act 1965	34
48.	Transitional	35

48A. Proceedings	35
48B. Application of this Act to conduct occurring before the

commencement of this Act 36

48C. Definitions 36

49. Other consequential amendments 36

PART 11—Repealed 37

ii

Section	Page
50–53. Repealed	37

__________________

SCHEDULE—Consequential Amendments 38

═══════════════

NOTES	39
1. General Information	39
2. Table of Amendments	40
3. Explanatory Details	41

iii

Section Page

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iv

Version No. 020

Psychologists Registration Act 1987

Act No. 60/1987

Version incorporating amendments as at 11 February 1999

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to establish the Psychologists Registration Board of Victoria; and

(b) to provide for the registration of psychologists and probationary psychologists; and

(c) to provide for the discipline of registered

psychologists and probationary
psychologists; and

(d) to provide temporary controls in relation to the practice of hypnosis.

2. Commencement

This Act comes into operation on a day or days to be proclaimed.

3. Definitions

In this Act—

"Board" means the Psychologists Registration

Board of Victoria established under

section 4;

"financial year" means a year ending on

31 December;

Psychologists Registration Act 1987

Act No. 60/1987 s. 3

"President" means the President of the Board

appointed under section 4(4);

"probationary psychologist" means a person

registered under this Act as a probationary

psychologist;

"register" means the register established under

section 22;

"registered psychologist" means a person

registered under this Act as a psychologist or

deemed by section 48 to be so registered;

"registrar" means the registrar of the Board

appointed under section 10;

"specialist psychologist" means a registered

psychologist whose certificate of registration
has been endorsed by the Board under

section 18.

_______________
Psychologists Registration Act 1987

s. 4 Act No. 60/1987

PART 2—PSYCHOLOGISTS REGISTRATION BOARD OF

VICTORIA

4. Constitution of Board

(1) There shall be established a Psychologists

Registration Board of Victoria which shall consist
of nine members appointed by the Governor in

Council of whom—

(a) one shall be a registered psychologist

nominated by the Minister; and

(b) one shall be a registered psychologist

nominated by the Minister and engaged as a
teacher of psychology in a senior teaching
position at a tertiary institution in Victoria;

and

(c) one shall be a registered psychologist

nominated by the Minister for the time being administering the Education Act 1958; and

(d) three shall be registered psychologists, each

nominated by the Minister from a panel of
not less than two names for each office
submitted by the Australian Psychological
Society (Victorian Branch); and

S. 4(1)(e)

amended by	(e) one shall be a registered medical practitioner
No. 23/1994	within the meaning of the Medical Practice
s. 118(Sch. 1
item 46.1).	Act 1994 practising as a psychiatrist nominated by the Minister; and

(f) one shall be a person nominated by the Minister to represent the interests of the public; and

(g) one shall be a barrister and solicitor of the
Supreme Court nominated by the Minister.

(2) In nominating members of the Board, the Minister must have regard to the desirability of having as

Psychologists Registration Act 1987

Act No. 60/1987 s. 5

members of the Board men and women, and

people of different social and ethnic backgrounds.

(3) For the purposes of sub-section (1)(d), if the

Minister—

(a) requests the Australian Psychological

Society (Victorian Branch) to submit a panel of names; and

(b) does not receive the panel of names within

the time specified in the request— the Minister may nominate a registered psychologist to the relevant position.

(4) The Governor in Council must appoint one of the members to be President of the Board.

5. Terms and conditions of appointment

(1) A member of the Board holds office for the

period, not exceeding three years, specified in the
instrument of the member's appointment but is

eligible for re-appointment.

(2) A member of the Board may be removed from

office at any time by the Governor in Council.

S. 5(3)

(3) A member of the Board, other than a member who is an employee in the public service, is entitled to	amended by
No. 46/1998

receive such fees and allowances as are fixed for	s. 7(Sch. 1).
the time being by the Governor in Council.
S. 5(4)

(4) The Public Sector Management and substituted by

Employment Act 1998 does not apply to a	No. 46/1998
member of the Board in respect of the office of	s. 7(Sch. 1).
member.

6. Acting members

(1) If a member of the Board is or is about to be

absent or for any reason is unable to perform the functions of the office, the Governor in Council may appoint a person qualified to be appointed as

Psychologists Registration Act 1987

s. 7 Act No. 60/1987

that member to act as the member during the

absence or inability.

(2) The Governor in Council—

(a) may, subject to this Act, determine the terms

and conditions of appointment of an acting
member; and

(b) may at any time terminate such an

appointment.

(3) The appointment of an acting member made in

anticipation of the absence or inability of a
member has effect from and including the day on
which the absence or inability commences.

(4) While the appointment of an acting member

remains in force, the acting member—

(a) has and may exercise all the powers and

perform all the functions of the member; and

S. 6(4)(b)

amended by	(b) other than an acting member who is an
No. 46/1998	employee in the public service, is entitled to
s. 7(Sch. 1).	receive such fees and allowances as are fixed for the time being by the Governor in Council.

7. Vacancies

(1) The office of a member of the Board becomes

vacant—

(a) at the end of the period specified in the

instrument of the member's appointment; or

(b) if the member resigns from office by notice

in writing signed by the member and
delivered to the Governor; or

(c) if the member is removed from office under section 5(2); or

Psychologists Registration Act 1987

Act No. 60/1987 s. 8

(d) if the member is convicted of an indictable

offence or of an offence which, if committed in Victoria, would be an indictable office; or

(e) if the member becomes bankrupt, applies to

take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an
assignment of his or her remuneration for

their benefit; or

(f) if the member is absent from four

consecutive meetings of the Board without

leave granted by the Board; or

S. 7(1)(g)

*	*	*	*	*	repealed by No. 42/1995
s. 224(Sch. 2 item 31).

(h) if the member dies.

(2) On the occurrence of a vacancy for any of the

reasons specified in sub-section (1), the Governor
in Council must appoint a person qualified to be
appointed to fill the vacancy.

(3) A person appointed under sub-section (2) to fill a

vacancy for any reason specified in sub-section
(1), other than paragraph (a), holds office only for
the remainder of the period for which the person's
predecessor was appointed but is eligible for re-
appointment.

8.  Proceedings of Board not invalid by reason of vacancy etc.

Subject to section 9, an act or decision of the Board is not invalid by reason only of a vacancy in the membership of the Board or a defect or irregularity in or in connection with the appointment of a member or, in the case of a person appointed to act as a member or to fill a

Psychologists Registration Act 1987

s. 9 Act No. 60/1987

casual vacancy, on the ground that the occasion for so acting had not arisen or had ceased or that the vacancy had not occurred.

9. Procedure of Board

(1) The President must preside at any meeting of the Board at which the President is present.

(2) If the President is not present at a meeting of the

Board, the members present must elect one of their number to preside at the meeting.

(3) A majority of the membership of the Board
constitutes a quorum at a meeting of the Board. (4) A question arising at a meeting of the Board must

be determined by a majority of votes of the
members present and voting on that question and,
in the event of an equality of votes, the person
presiding has a casting vote.

(5) The Board shall meet at the times and places as

the Board or the President from time to time
determines.

(6) Subject to this Act and the regulations, the Board may regulate its own proceedings.

S. 10

substituted by	10. Registrar and staff of the Board
No. 124/1993
s. 25.	The Board may employ a Registrar of the Board and such other staff as it thinks fit.

11. Functions and powers of the Board

(1) The functions of the Board are—

(a) to register persons as psychologists or

probationary psychologists; and

(b) to regulate the conduct of persons so

registered; and

(c) such other functions as are conferred on it by

this Act.

Psychologists Registration Act 1987

Act No. 60/1987 s. 11

(2) Without limiting sub-section (1), the Board has the following functions—

(a) to establish and keep a register of

psychologists and probationary

psychologists;

(b) to hear and determine applications for

registration under this Act;

(c) to conduct examinations of persons seeking registration under this Act;

(d) to inquire into the conduct of any registered

psychologist or probationary psychologist.
(3) The Board has power to do all things which are
required or authorised by this Act to be done or

which are necessary or convenient to be done for
or with respect to the performance by the Board of

its functions.

_______________
Psychologists Registration Act 1987

s. 12 Act No. 60/1987

PART 3—REGISTRATION

12. Application for registration of psychologist

(1) An application for registration as a psychologist may be made to the Board.

(2) An application must—

(a) be in the prescribed form; and

(b) provide prescribed information and material;

and

(c) be accompanied by the prescribed fee.

(3) The Board may require an applicant to provide any further information or material.

(4) The Board must—

(a) if it is satisfied that an applicant is eligible to

be registered as a psychologist, register the
applicant and cause the applicant to be
issued with a certificate of registration; or

(b) if not so satisfied, refuse to register the

applicant.

13. Eligibility for registration as psychologist

A person is eligible to be registered as a psychologist if the person—

(a) is of good character; and

(b) either—

(i) holds such a degree, diploma or other

qualification as is prescribed; or

(ii) has passed the prescribed examinations;

and

(c) has gained the prescribed experience in the practice of psychology; and

(d) has made an application under this Part; and

Psychologists Registration Act 1987

Act No. 60/1987 s. 14

(e) has paid the prescribed fee.

14.  Application for registration of probationary psychologist

(1) An application for registration as a probationary psychologist may be made to the Board.

(2) An application must—

(a) be in the prescribed form; and

(b) identify the registered psychologist under

whose supervision the applicant proposes to
practise psychology; and

(c) set out the circumstances under which the

applicant proposes to practise under that
supervision; and

(d) provide the prescribed information and

material; and

(e) be accompanied by the prescribed fee.

(3) The Board may require an applicant to provide any further information or material.

(4) The Board must—

(a) if it is satisfied—

(i) that an applicant is eligible to be

registered as a probationary

psychologist; and

(ii) as to the supervision under which and

the circumstances in which the

applicant is to practise psychology—

register the applicant and cause the applicant to be
issued with a certificate of probationary

registration; or

(b) if not so satisfied, refuse to register the

applicant.

Psychologists Registration Act 1987

s. 15

s. 16 Act No. 60/1987

(5) The Board may impose any condition, limitation or restriction on the registration of a probationary psychologist.

(6) A certificate of registration issued to a

probationary psychologist must state—

(a) the name of the registered psychologist

under whose supervision the probationary
psychologist is entitled to practise
psychology; and

(b) the circumstances determined by the Board

as the circumstances in which the
probationary psychologist is entitled to
practise under that supervision; and

(c) any conditions, limitations or restrictions

imposed by the Board.

15.  Eligibility for registration as probationary psychologist

A person is eligible to be registered as a probationary psychologist if the person—

(a) is of good character; and

(b) either—

(i) holds or is qualified for admission to

such a degree, diploma or other qualification as is prescribed; or

(ii) has passed the prescribed examinations;

and

(c) has made application under this Part; and

(d) has paid the prescribed fee.

16. Discretion of Board

Psychologists Registration Act 1987
Act No. 60/1987

If the Board is satisfied in any case that the qualification or experience of an applicant for registration is at least equal to a prescribed qualification or experience, the Board may accept the applicant's qualification or experience as sufficient compliance with section 13(b) or (c) or section 15(b) as the case may be.

17. Examinations

(1) The Board may conduct examinations from time

to time in order to determine eligibility for
registration as a psychologist or probationary
psychologist.

(2) The Board may appoint examiners for the

purposes of sub-section (1).

(3) The Board must admit to any examination any person who has paid the prescribed fee.

(4) The Board must issue to any person who has

passed the prescribed examinations conducted by

the Board a certificate to that effect.

18. Specialist psychologists

(1) The Board may approve a registered psychologist

as a specialist psychologist in any branch of
psychology.

(2) A person seeking approval as a specialist

psychologist must satisfy the Board that he or she has undergone the prescribed study, professional experience, practice or training in the particular

branch of psychology.

(3) The Board must—

(a) if it is satisfied that the applicant has

undergone the prescribed study or
professional practice or training in the
specialist branch of psychology to which the
application relates, approve the application

Psychologists Registration Act 1987

s. 19 Act No. 60/1987

and cause the applicant's certificate of
registration to be endorsed with a notation
that the applicant is a specialist psychologist
in the branch of psychology to which the
study, experience, practice or training

relates; or

(b) if not so satisfied, refuse to approve the

applicant.

(4) An application for approval as a specialist

psychologist must be in the prescribed form and
must be accompanied by the prescribed fee.

(5) Subject to section 23, an approval given under this section remains in force while the person to whom the approval is given remains registered as a

psychologist.

19. Period of registration

Subject to section 20(2), a registration under this
Act, unless renewed, ceases to be in force on
31 December next after the date on which it was

effected.

20. Renewal of registration

(1) A registered psychologist or probationary

psychologist may apply to the Board in the
prescribed form accompanied by the prescribed
fee before 31 December in each year for renewal

of his or her registration.

(2) A registered psychologist or probationary

psychologist who fails to apply for renewal of
registration before 31 December may before the
following 1 April apply for renewal by lodging

with the Board—

(a) an application in the prescribed form; and
(b) the prescribed fee; and
(c) the prescribed late fee.

Psychologists Registration Act 1987

Act No. 60/1987 s. 21

(3) If an application is made under sub-section (2),

the registration is deemed to be renewed from
1 January until the application for renewal is
determined by the Board.

(4) The Board may renew or refuse to renew a

registration.

(5) Where the registration of a specialist psychologist

is renewed, the certificate of registration must be

endorsed in accordance with section 18.

21. Refusal to renew registration

The Board must refuse to renew the registration of a person if—

(a) an application for renewal and the prescribed fee have not been lodged in accordance with section 20(1) or 20(2); or

(b) the person has become ineligible to be

registered.

22. Register

(1) For the purposes of this Act, the Board must cause

to be established and kept a register of
psychologists and probationary psychologists.

(2) Subject to this Act and the regulations, the register

must be kept in such form and manner as the
Board thinks fit.

(3) The register may be inspected at the office of the Board by any person during office hours without charge.

(4) A person, on payment of the prescribed fee, may

obtain a copy of, or an extract from, the register.

(5) The register, or a certificate signed by the

President or Registrar, certifying as to any matter relating to the contents of the register, is evidence

Psychologists Registration Act 1987

s. 23 Act No. 60/1987

of the matter in the register or so certified until the

contrary is proved.

23. Suspension or cancellation of registration etc.

If—

(a) the Board is satisfied that—

(i) a person's registration or endorsement

was obtained irregularly or

fraudulently; or

(ii) a person registered under this Act has

been convicted of an indictable offence
or an offence which, if committed in
Victoria, would be an indictable

offence; and

(b) after giving the person a reasonable

opportunity of being heard—

the Board may—

(c) suspend or cancel the registration of that

person; or

(d) withdraw endorsement as a specialist

psychologist.

24. Notice of refusal, suspension or cancellation etc.

(1) If the Board—

(a) refuses an application for registration or

renewal of registration; or

(b) makes a determination under section 23—

it must forthwith serve notice of its determination

by certified mail to—

(c) the person to whom the determination

relates; and

(d) in the case of a determination suspending or cancelling or refusing to renew a person's

Psychologists Registration Act 1987

s. 25
s. 26

Act No. 60/1987

registration, any probationary psychologist

under the supervision of the person.

(2) If a notice is served under sub-section (1), the

Board may give notice of its determination to any professional body of which the person to whom the determination relates is a member.

25. Effect of suspension or cancellation etc.

(1) If the registration of a person is cancelled or

suspended or not renewed, the person must within
14 days after service of a notice under section
24(1) surrender his or her certificate of
registration to the Board.
Penalty: 10 penalty units.

(2) A cancellation or suspension takes effect 21 days after the sending of the notice under section 24(1).

(3) If the registration of a person is suspended— (a) the period of suspension is as determined by

the Board; and

(b) the person is, during the period of

suspension, deemed to be an unregistered
person for the purposes of this Act.

(4) If approval of a person as a specialist psychologist

is withdrawn, the person must, within 14 days
after service of a notice under section 24(1)
surrender his or her certificate of registration to
the Board for cancellation of the endorsement.
Penalty: 10 penalty units.

(2) A withdrawal of approval as a specialist

psychologist takes effect 21 days after service of

the notice under section 24(1).

26. Effect of refusal etc. on probationary psychologist
Psychologists Registration Act 1987
Act No. 60/1987

(1) If the registration of a registered psychologist,

under whose supervision a probationary
psychologist is entitled to practise psychology,
is—

(a) refused renewal; or
(b) cancelled; or

(c) suspended for a period exceeding 30 days—

the probationary psychologist may within 30 days
after service of a notice under section 24(1)

submit to the Board—

(d) his or her certificate of registration; and

(e) a statement containing the particulars in sub-

section (2).

(2) A statement under sub-section (1) must set out—

(a) the name of another registered psychologist

under whose supervision the probationary
psychologist proposes to practise; and

(b) the circumstances in which the probationary psychologist proposes to practise under that supervision—

and must be signed both by the probationary

psychologist and the named psychologist.

(3) The Board may on the application of a

probationary psychologist extend the time limit

fixed by sub-section (1).

(4) If the Board—

(a) is satisfied as to the supervision under which

and the circumstances in which the
probationary psychologist proposes to
practise psychology, it must issue the
probationary psychologist with a new
certificate of registration; or

Psychologists Registration Act 1987

Act No. 60/1987 s. 26

(b) is not so satisfied, it must suspend or cancel

the registration of the probationary
psychologist.

(5) Subject to sub-section (3), if a probationary

psychologist does not comply with sub-section
(1), the Board must suspend or cancel the

registration of the probationary psychologist.

_______________
Psychologists Registration Act 1987

s. 27 Act No. 60/1987

PART 4—INQUIRIES BY THE BOARD

27. Inquiry into capacity

(1) The Board may of its own motion hold an inquiry into the capacity of a person registered under this Act to carry out the functions of a psychologist or probationary psychologist.

(2) If the Board decides to hold an inquiry under sub- section (1), it must—

(a) send to the person by certified mail notice in writing of the Board's intention, the grounds for the inquiry and the place and time of the inquiry; and

(b) invite the person to give an explanation as to

his or her behaviour personally or in writing.

(3) If, after giving the person a reasonable

opportunity of being heard, the Board is satisfied
that the person is incapable of carrying out
satisfactorily all or any of the functions of a
psychologist or a probationary psychologist, the

Board may make a determination—

(a) to suspend the registration of the person; or

(b) to impose any condition, limitation or

restriction on the person's practice of
psychology as the Board thinks fit, and may
at any time revoke a condition, limitation or

restriction so imposed.

(4) If the Board suspends a registration, the

suspension takes effect on and from such date as is determined by the Board, but the Board may at any time upon the request of that person or on its own motion revoke the suspension.

Psychologists Registration Act 1987

Act No. 60/1987 s. 28

(5) A person is deemed not to be registered under this

Act—

(a) during any period of suspension; or
(b) in respect of any act or thing done by the

person in breach of a condition, limitation or restriction to which the person's practice has been made subject under sub-section (3).

28. Inquiry into professional conduct

(1) The Board may of its own motion or as a result of

a complaint or charge made to the Board by any
person hold an inquiry into the professional
conduct of a person registered under this Act.

(2) Before holding an inquiry under this section the

Board must send to the person the subject of inquiry by certified mail notice in writing of the Board's intention to inquire into the person's professional conduct and of the place and time of the inquiry.

(3) If the person does not appear at the time specified in the notice under sub-section (2), the Board may proceed with the inquiry in the person's absence.

(4) The person to whom notice has been given under sub-section (2) is entitled—

(a) to make oral or written submissions to the inquiry; and

(b) to be present at the inquiry; and

(c) to be represented by a duly qualified legal

practitioner or by a registered psychologist

nominated by the person in writing.

29. Some grounds for inquiry

Without limiting the generality of section 28(1), the Board may hold an inquiry under section 28 if—

Psychologists Registration Act 1987

s. 29 Act No. 60/1987

(a) a person registered under this Act

contravenes a condition of registration; or (b) a person registered under this Act

contravenes a prescribed code of behaviour;

or

(c) a registered psychologist—

(i) purports or holds out to be a specialist

psychologist; or

(ii) takes or uses or has attached to or

exhibited at or on that registered
psychologist's place of business or any
other premises (either alone or in
combination with any other words or
letters) the name, title or description of

specialist psychologist—

when not approved as a specialist
psychologist in respect of that specialist

branch of psychology; or

(d)	a registered psychologist authorises or permits any person other than—
(i) another registered psychologist; or (ii) a probationary psychologist in whose

certificate of registration the registered psychologist is named as supervisor—

to practise psychology for or on behalf of

that registered psychologist; or

(e) a probationary psychologist purports or

holds out to be a registered psychologist; or (f) a probationary psychologist practises

psychology other than—

(i) under the supervision of the registered

psychologist named in the certificate of

Psychologists Registration Act 1987

Act No. 60/1987	s. 30
registration of that probationary psychologist; or

(ii) in the circumstances stated in that

certificate as the circumstances under
which that probationary psychologist is

entitled to practise psychology; or

(g) a registered psychologist named in a

probationary psychologist's certificate of registration permits by act or default the probationary psychologist to practise in circumstances other than those stated in the
certificate as the circumstances in which the
probationary psychologist is entitled to
practise psychology; or

(h) a registered psychologist uses or notifies on

any name-plate or sign or in any
advertisement hand-bill or notice published
by or for that person any name title or
description (either in full or in abbreviation
or in combination with any other words or
letters) other than that stated in the certificate
of registration issued to that person.

30. Powers of Board in conducting inquiry

(1) The Board has for the purposes of holding an

inquiry under this Act all the powers conferred by sections 14, 15 and 16 of the Evidence Act 1958 upon a board appointed by the Governor in
Council.

(2) A summons to attend before the Board to give evidence or produce documents or both to give evidence and produce documents must be signed

by the President of the Board.

(3) The provisions of section 21A of the Evidence

Act 1958 apply to an inquiry under this Act by the Board as if the inquiry were an inquiry by a board

Psychologists Registration Act 1987

s. 31 Act No. 60/1987

appointed by the Governor in Council to make an inquiry and members of the Board under this Act were members of such a board of inquiry.

31. Findings open to the Board

The Board may, as a result of an inquiry under
section 28, find that a person registered under this
Act—

(a) has failed to adequately carry out his or her professional duties; or

(b) has failed to accept his or her professional responsibilities; or

(c) is guilty of professional misconduct; or

(d) is guilty of infamous conduct in a

professional respect.

32. Penalties

(1) If the Board makes a finding under section 31 it

may make a determination to impose any or all of
the following penalties:

(a) A reprimand;
(b) A fine not exceeding 20 penalty units;

(c) Suspension of the person's registration for a

period not exceeding 5 years;

(d) Cancellation of the person's registration.

(2) If the Board suspends or cancels a registration, the

suspension or cancellation takes effect on and
from such date as is determined by the Board, but
the Board may at any time upon the request of that
person or on its own motion revoke the
suspension.

(3) A person is deemed not to be registered under this Act during any period of suspension.

Psychologists Registration Act 1987

Act No. 60/1987 s. 33

(4) The Board must, if so requested by a person

registered under this Act in relation to whom a
determination is made under this section, state in

writing the reasons for the determination.

33. Sections 24, 25(1) and 26 to apply

The provisions of section 24, 25(1) and 26 apply to this Part as if a determination made under this Part were a determination made under section 23.

_______________
Psychologists Registration Act 1987

s. 34 Act No. 60/1987

PART 5—APPEALS

34. Appeal to Supreme Court

(1) A person may appeal to the Supreme Court

against—

(a) a failure of the Board to register that person;

or

(b) a failure of the Board to renew the

registration of that person; or

(c) a suspension by the Board of that person's registration; or

(d) the imposition of any condition, limitation or

restriction by the Board on that person's
practice of psychology; or

(e) the withdrawal of endorsement as a specialist psychologist; or

(f) a cancellation by the Board of that person's registration; or

(g) the imposition by the Board of any penalty under section 32.

(2) An appellant under sub-section (1) must— (a) within 3 months after service of the notice of

the determination; or

(b) within such extended time as the Supreme

Court allows on application by the appellant made either before or after the expiration of that period of 3 months—

give notice in writing of the appeal, together with
the grounds of the appeal, to the President.

Psychologists Registration Act 1987

Act No. 60/1987 s. 34

(3) On the hearing of the appeal the Supreme Court—

(a) must entertain, inquire into and decide upon

the appeal and for that purpose may do all
such matters and things relating to the appeal
and in the same manner and to the same
extent as the Court is empowered to do in the
exercise of the ordinary jurisdiction of the

Court; and

(b) may—

(i) confirm the determination of the Board;

or

(ii) give to the Board any directions as to

the registration of the appellant or
otherwise as the Court sees fit.

(4) The Board must comply with any direction given by the Supreme Court under sub-section (3).

(5) An appeal under this section against the

suspension or cancellation of a registration or the
imposition of any condition, limitation or
restriction does not operate as a stay of the
suspension, cancellation or imposition unless the

Supreme Court otherwise orders.

_______________
Psychologists Registration Act 1987

s. 35 Act No. 60/1987

PART 6—ENTITLEMENTS

35. Use of title of psychologist etc.

(1) A person registered under this Act is entitled to

take or use the name, title or description of
"psychologist" or "probationary psychologist" as
the case may be.

(2) A person who has been approved as a specialist

psychologist under section 18 is entitled to take or
use the name title or description of that specialist
branch of psychology.

36. Display of notice of fees

A registered psychologist may display in his or her professional rooms a notice of the fees payable for professional services provided by that registered psychologist.

37. Use of words "psychological company" etc.

(1) A body corporate, a partnership or an

unincorporated body or association may, with the consent of the Board, take or use the name, title or description "psychological company",
"psychological college", "college of psychology",
or "school of psychology" or other prescribed
name, title or description.

(2) In determining an application for consent under

sub-section (1) the Board may require an
applicant to produce any information or material
that the Board reasonably requires regarding—

(a) the constitution of the applicant; or
(b) the functions of the applicant; or

(c) the partners or members of the applicant as

the case may be; or

(d) any other matter relevant to the application.

Psychologists Registration Act 1987

Act No. 60/1987 s. 37

(3) If the Board is satisfied that the effective control

of an applicant is vested in registered
psychologists, the Board may give its consent
under sub-section (1).

(4) The Board's consent expires—

(a) 12 months from the date on which it was

given; or

(b) on any change in the effective control of the

body corporate, partnership or
unincorporated body or association to which
consent was given—

whichever first occurs.

(5) A body corporate, a partnership or an

unincorporated body or association may apply to
the Board for renewal of consent under sub-

section (1).

_______________
Psychologists Registration Act 1987

s. 38 Act No. 60/1987

PART 7—OFFENCES

38. Use of title of psychologist etc. by unregistered person

A person, not being a registered psychologist or probationary psychologist, must not, except with the consent of the Board under section 37—

(a) purport or hold out to be a psychologist or probationary psychologist; or

(b) take or use or have attached to or exhibited

at or on any place (either alone or in
combination with any other words or letters)
the name, title or description of
"psychologist", "registered psychologist",
"psychological practitioner", "psychological
company", "psychological institute",
"psychological hospital", "psychological
college", "college of psychology", "school of
psychology" or a prescribed name, title or
description.

Penalty: 40 penalty units.

39.  Use of words "Registered by the Psychologists Registration Board of Victoria"

A person not being a registered psychologist must not use or have attached to or exhibited at or on that person's place of business or any other premises or on any name-plate or sign-board or in any advertisement hand-bill or notice published by or for that person in any way the words "Registered by the Psychologists Registration Board of Victoria" either in full or in abbreviation or in combination with any other words or letters. Penalty: 20 penalty units.

Psychologists Registration Act 1987

Act No. 60/1987 s. 40

40. Use of title by tertiary institution

Nothing in this Part limits the use of any title assumed by any tertiary institution recognised by the Board concerned with the teaching of psychology.

41. Prescribed tests

A person, not being a registered psychologist or a probationary psychologist or a member of a prescribed class of persons, must not—

(a) administer or interpret a prescribed test; or (b) entitle any test, other than a prescribed test,

as "psychological test".

Penalty: 20 penalty units.
_______________

Psychologists Registration Act 1987

s. 42 Act No. 60/1987

PART 8—FINANCIAL

42. General fund

(1) The Board must establish a general fund.

(2) All fees and fines paid under this Act must be paid

to the Board, and the Board must pay them into

the general fund.

S. 42(3)

amended by	(3) There may be paid out of the general fund the
No. 124/1993	general expenses of the Board incurred in the
s. 26.	exercise of its functions, including the payment of remuneration and allowances to its members and staff.

(4) The Board may—

(a) invest money standing to the credit of the

general fund in such manner as the Treasurer
from time to time approves; and

(b) borrow such money as it deems necessary

and as the Treasurer approves for the
performance of its functions within such
limits as are from time to time fixed by the
Treasurer on the recommendation of the
Minister.

Ss 43–45	*	*	*	*	*
repealed by No. 93/1997 s. 28(Sch.
item 25).

_______________
Psychologists Registration Act 1987

Act No. 60/1987 s. 46

PART 9—MISCELLANEOUS

46. Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) prescribing for the verification by statutory declaration or otherwise of any particulars required in any prescribed form; and

(b) the conduct of examinations for eligibility for registration; and

(c) the practice of psychology by registered

psychologists and probationary

psychologists; and

(d) prescribing specialist branches of

psychology; and

(e) advertising by persons registered under this

Act; and

(f) regulating the relationship between

probationary psychologists and registered

psychologists; and

(g) generally prescribing any other matter or

thing required or permitted by this Act to be
prescribed or necessary to be prescribed to

give effect to this Act—

and any such regulation may be disallowed in be deemed disallowance by Parliament for the purposes of that Act.

whole or in part by resolution of either House of
the Parliament in accordance with the
requirements of section 6(2) of the Subordinate

(2) The Governor in Council on the recommendation of the Minister after consultation with the Board may make regulations for or with respect to—

Psychologists Registration Act 1987

s. 46 Act No. 60/1987

(a) prescribing tests referred to in section 41;

and

(b) prescribing any class of persons under

section 41.

(3) The regulations may apply, adopt or incorporate

(with or without modification) any matter
contained in a code or standard issued or adopted
by any specified body as issued or adopted at the
time the regulation is made or at any time before
then.

_______________
Psychologists Registration Act 1987

Act No. 60/1987 s. 47

PART 10—TRANSITIONAL PROVISIONS AND

CONSEQUENTIAL AMENDMENTS

47. Repeal of Psychological Practices Act 1965 No. 7355.

(1) The Psychological Practices Act 1965 is

repealed.

(2) The Board is the successor in law of the Victorian Psychological Council.

(3) On the commencement of this section—

(a) all rights, property and assets that

immediately before that commencement,
were vested in the Victorian Psychological
Council, vest in the Board; and

(b) all duties, liabilities and obligations of the Victorian Psychological Council existing immediately before that commencement become duties, liabilities and obligations of

the Board; and

(c) the Board is substituted as a party to any

proceedings pending in any court to which the Victorian Psychological Council was a party immediately before that

commencement; and

(d) the Board is substituted as a party to any

arrangement or contract entered into by or on before that commencement; and
behalf of the Victorian Psychological

S. 47(3)(da)

(da) the Board may continue and complete any other continuing matter or thing commenced	inserted by
No. 19/1996
by, against or in relation to the Victorian	s. 6.
Psychological Council; and

(e) any reference to the Victorian Psychological Council in an Act or in any proclamation,

Psychologists Registration Act 1987

s. 48 Act No. 60/1987

Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever, so far as it relates to any period after that commencement, unless the contrary intention appears and subject to this Act, shall be construed as a reference to the Board.

48. Transitional

On the commencement of this section—

(a) the members of the Victorian Psychological Council constituted under the Psychological Practices Act 1965 go out of office; and

(b) a person who immediately before the commencement of this section was a registered psychologist within the meaning

of the Psychological Practices Act 1965 is
deemed to be a registered psychologist under

this Act; and

(c) any rules made under the Psychological

Practices Act 1965 by the Victorian Psychological Council and in force immediately before the commencement of this section continue in force and are deemed to be regulations made under this Act.

S. 48A

inserted by	48A. Proceedings
No. 19/1996
s. 7.	(1) If an inquiry into the activities of a psychologist

under section 17 or 20 of the old Act commenced but was not completed before the commencement of Part 4 of this Act, that inquiry may be

completed by the Board on or after that date as if,
but for empowering the Board to complete the
inquiry, the old Act had not been repealed and any
regulations made under that Act had not been
revoked.

Psychologists Registration Act 1987

s. 48B
s. 49

Act No. 60/1987

(2) For the purposes of sub-section (1)—

(a)	the Board has all the functions and powers the Council had immediately before the commencement of Part 4 of this Act; and
(b)	sections 4, 5, 6, 7, 8 and 9 of this Act apply to the Board.

S. 48B

48B. Application of this Act to conduct occurring before inserted by

the commencement of this Act No. 19/1996
s. 7.

This Act applies to the activities of any psychologist which occurred before the commencement of Part 4 of this Act, subject to

the following paragraphs—

(a)	the power to conduct an inquiry under Part 4 of this Act applies only to the extent that the power to conduct an inquiry under section 17 or 20 of the old Act into those activities
would have applied if that Act were still in operation; and
(b)	any finding or outcome of an inquiry under Part 4 of this Act must be one which would have been available as a finding or outcome in an inquiry by the Council under the old

Act.

S. 48C

48C. Definitions inserted by No. 19/1996

In sections 48A and 48B—	s. 7.
"Council" means the Victorian Psychological Council established under the old Act; and
"old Act" means the Psychological Practices

Act 1965 as in force immediately before the coming into operation of Part 4 of this Act.

49. Other consequential amendments

Psychologists Registration Act 1987

Act No. 60/1987

(1) The Acts mentioned in items 1 and 2 of the

Schedule are amended or repealed as set out in those items.

(2) The Act mentioned in item 3 of the Schedule is amended as set out in that item.

__________________

Pt 11	*	*	*	*	*
(Heading and ss 50–53) amended by No. 23/1994 s. 118(Sch. 1 item 46.2), repealed by No. 60/1987 s. 53.1

__________________
Psychologists Registration Act 1987

Act No. 60/1987 Sch.

SCHEDULE

Section 49

1.    The Psychological Practices (Scientology) Act 1982 is repealed.

2.    Item 11 in the Schedule to the Health (Privileges) Act 1982 is repealed.

3. In the Schedule to the Health Services (Conciliation and Review) Act 1987, for "Victorian Psychological Council" substitute "Psychologists Registration Board of Victoria".

═══════════════
Psychologists Registration Act 1987

Notes Act No. 60/1987

NOTES

1.  General Information

Minister's second reading speech—
Legislative Assembly: 16 April 1987

Legislative Council:  12 August 1987

The long title for the Bill for this Act was "A Bill to make provision for the registration of psychologists, to repeal the Psychological Practices Act 1965 and for other purposes.".

The Psychologists Registration Act 1987 was assented to on 27 October
1987 and came into operation as follows:

Sections 1–11 on 16 October 1988: Government Gazette 12 October 1988
page 3058; rest of Act on 30 December 1995: Government Gazette
21 December 1995 page 3571.

Psychologists Registration Act 1987

Act No. 60/1987 Notes

2.  Table of Amendments

This Version incorporates amendments made to the Psychologists
Registration Act 1987 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Health and Community Services (Further Amendment) Act 1993, No. 124/1993

Assent Date:	7.12.93
Commencement Date:	All of Act (except Pt 3 (ss 4-8)) on 7.12.93: s. 2(1); Pt 3 on 18.12.94: Government Gazette 15.12.94 p. 3308
Current State:	All of Act in operation

Medical Practice Act 1994, No. 23/1994

Assent Date:	17.5.94
Commencement Date:	Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672
Current State:	All of Act in operation

Equal Opportunity Act 1995, No. 42/1995

Assent Date:	14.6.95
Commencement Date:	S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 31 on 1.1.96: Government Gazette 21.12.95 p. 3571
Current State:	This information relates only to the provision/s amending the Psychologists Registration Act 1987

Health Acts (Amendment) Act 1996, No. 19/1996

Assent Date:	2.7.96
Commencement Date:	Pt 4 (ss 6, 7) on 1.1.96: s. 2(3)
Current State:	This information relates only to the provision/s amending the Psychologists Registration Act 1987

Audit (Amendment) Act 1997, No. 93/1997

Assent Date:	16.12.97
Commencement Date:	S. 28(Sch. item 25) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Psychologists Registration Act 1987

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Psychologists Registration Act 1987

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Psychologists Registration Act 1987

Notes Act No. 60/1987

3.  Explanatory Details

1 Pt 11 (repealed): Part 11 expired two years after the date of its

commencement. Part 11 was in operation from 30 December 1995 to
30 December 1997.