Western Australia
Physiotherapists Act 2005
CONTENTS
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Application 4
Part 2 — Physiotherapists Registration Board and committees
Division 1 — The Board
5. Board established 6
6. Membership of Board 6
7. Presiding member and deputy presiding member 6
8. Constitution and proceedings 6
9. Remuneration and allowances 7
Division 2 — Functions and powers
10. Functions 7
11. Powers 7
12. Delegation by Board 8
Division 3 — Relationship of Board with Minister
13. Directions by Minister 8
14. Minister to have access to information 9
Division 4 — Committees
15. Committees 10
16. Provisions relating to committees 10
Division 5 — Registrar and other staff
17. Registrar 11
18. Other staff 11
Division 6 — General
19. Duty not to make improper use of information 12
20. Meetings and minutes of meetings 12
21. Execution of documents by Board 13
Part 3 — Finance and reports
22. Funds of the Board 15
23. Accounts 15
24. Audit 16
25. Annual report and other reports 16
Part 4 — Registration of physiotherapists
Division 1 — Registration
26. Natural persons may be registered 18
27. Registration 18
28. Provisional registration 19
29. Conditional registration at the discretion of the Board 20
30. Registration as specialists 21
31. Professional indemnity insurance 22
32. Application 23
33. Effect of registration 23
34. Duration of registration 24
35. Renewal of registration 24
36. Application for registration by a person whose registration has been cancelled under section 79(1)(i)25
Division 2 — The register
37. The register 25
38. Inspection of register 26
39. Certificate of registration 26
40. Voluntary removal from register and cancellation of registration 27
41. Removal of name and cancellation of registration of person in certain circumstances 27
42. Effect of removal of name from register 28
Division 3 — Notifications to Board
43. Change of address 28
44. Loss of qualifications 28
45. Insolvency 28
46. Civil or criminal proceedings 29
47. Information about professional indemnity insurance 29
Part 5 — Disciplinary and impairment matters
Division 1 — Preliminary
48. Disciplinary matters 31
49. Impairment matters 31
Division 2 — Committees
50. Complaints assessment committee 32
51. Impairment review committee 33
Division 3 — Complaints
52. Complaints 33
53. Complaints assessment committee to determine action required 34
54. Complaints assessment committee may reject certain complaints 35
Division 4 — Summary orders of Board
55. Interim orders by Board 35
56. Complaint dealt with summarily to be referred to the State Administrative Tribunal 37
57. Complaint not dealt with summarily to be referred to relevant committee 37
Division 5 — Disciplinary matters
58. Investigation and recommendation 38
59. Role of Board 39
60. Alternative to making allegation to the State Administrative Tribunal 39
Division 6 — Impairment matters
61. Request by physiotherapist for imposition of condition 41
62. Revocation of condition 41
63. Investigation 41
64. Physiotherapist to be notified about investigation 41
65. Examination 42
66. Report of examination 42
67. Role of the impairment review committee 43
68. Recommendation 44
69. Role of Board 44
Division 7 — Investigator’s role and powers
70. Interpretation 45
71. Investigator 45
72. Report of investigator 46
73. Powers of investigator 46
74. Warrant to enter premises 48
75. Issue of warrant 49
76. Execution of warrant 50
Division 8 — Conciliation
77. Conciliation process 50
78. Action if conciliation fails 51
Division 9 — Role of the State Administrative Tribunal
79. Powers of the State Administrative Tribunal on dealing with a disciplinary matter 52
80. Powers of the State Administrative Tribunal on dealing with an impairment matter 53
Division 10 — Miscellaneous
81. Suspension 54
82. Costs and recovery 55
Part 6 — Offences
83. Persons who may practise physiotherapy or a specialty 56
84. Persons who may be employed or engaged to practise physiotherapy or a specialty 56
85. Exceptions to sections 83 and 84 57
86. Use of title “physiotherapist” or “physical therapist” or a title of a specialist or pretending to be registered57
87. Failure to comply with disciplinary action 58
88. False or misleading information 58
89. Offences in relation to investigation 59
90. Obstruction of investigator 60
91. Assistance to execute warrant 60
92. Surrender of certificate 61
93. Incriminating information, questions, or documents 62
94. Legal professional privilege 62
Part 7 — Codes of practice, rules and regulations
95. Codes of practice 63
96. Rules 63
97. Regulations 64
98. Forms 65
Part 8 — Miscellaneous
99. Protection 66
100. Notice of decision to be given 66
101. Review 67
102. Publication of proceedings etc. 67
103. Legal proceedings 68
104. Liability of certain officers of body corporate: offences 69
105. Review of Act 70
106. Physiotherapists Act 1950 repealed 71
107. Physiotherapists Regulations 1951 and Physiotherapists Registration Board Rules 1952 repealed71
108. Transitional and savings provisions 71
109. Consequential amendments 71
Schedule 1 — Constitution and proceedings of the Board
Division 1 — General provisions
1. Term of office 72
2. Functions of deputy presiding member 72
3. Deputy members 72
4. Vacation of office by member 73
5. General procedure concerning meetings 74
6. Voting 74
7. Holding meetings remotely 74
8. Resolution without meeting 74
9. Minutes 74
Division 2 — Disclosure of interests etc.
10. Meaning of “member” 75
11. Disclosure of interests 75
12. Exclusion of interested member 75
13. Board or committee may resolve that clause 12 inapplicable75
14. Quorum where clause 12 applies 76
15. Minister may declare clauses 12 and 14 inapplicable 76
Schedule 2 — Transitional and savings
1. Terms used in this Schedule 77
2. Interpretation Act 1984 not affected 77
3. The Physiotherapists Registration Board continues 77
4. Board members 78
5. The registrar and other staff 78
6. Persons licensed under the repealed Act 78
7. Restoration of certain names to the register 79
8. Suspensions 79
9. Complaints made under the repealed Rules Part V 79
10. Investigations 79
11. Disciplinary proceedings 80
12. Annual report for part of a year 80
13. Powers in relation to transitional provision 80
Schedule 3 — Consequential amendments
1. Civil Liability Act 2002 amended 82
2. Constitution Acts Amendment Act 1899 amended 82
3. Health Professionals (Special Events Exemption) Act 2000 amended 82
4. Health Services (Conciliation and Review) Act 1995 amended 83
5. Juries Act 1957 amended 83
6. State Administrative Tribunal Act 2004 amended 83
Defined Terms
Western Australia
Physiotherapists Act 2005
No. 32 of 2005
An Act to —
• provide fo
r the regulation of the practice of physiotherapy and registration of persons as physiotherapists;
• repeal the Physiotherapists Act 1950;
• make consequential amendments to various Acts,
and for related purposes.
[Assented to 12 December 2005]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary
1. Short title
This is the Physiotherapists Act 2005.
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3.
In this Act, unless the contrary intention appears —
“application” means an application for registration;
“approved” means approved by the Board in writing;
“Board” means the Physiotherapists Registration Board of Western Australia established by section 5;
“certificate of registration” means a certificate of registration issued under section 39;
“committee” means a committee established by the Board under this Act;
“complainant” means a person who lodges a complaint under section 52(1) or (2);
“complaint” means —
(a) a complaint lodged under section 52(1) or (2);
(b) a complaint referred under section 52(3);
(c) a matter the complaints assessment committee has determined under section 52(4) to deal with as if it were a complaint; and
(d) a matter the Board has referred to the impairment review committee under section 61(3);
“complaints assessment committee” means the committee established under section 50;
“condition” includes restriction;
“Corporations Act” means the Corporations Act 2001 of the Commonwealth;
“Director” means the Director of the Office of Health Review under the Health Services (Conciliation and Review) Act 1995;
“disciplinary matter” means a matter referred to in section 48
“document” includes any tape, disc or other device or medium on which information is recorded or stored;
“impairment” means —
(a) mental disability;
(b) injury;
(c) physical illness;
“impairment matter” means a matter referred to in section 49;
“impairment review committee” means any committee established under section 51;
“investigator” means a person appointed under section 71;
“legal practitioner” has the meaning given to that term in the Legal Practice Act 2003 section 3;
“medical practitioner” means a medical practitioner registered under the Medical Act 1894;
“member of the Board” includes a person acting under Schedule 1 clause 3;
“officer”, in relation to a body corporate, has the meaning given to “officer of a corporation” in the Corporations Act section 9 but does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate;
“physiotherapist” means a person who is registered;
“physiotherapy” means a method of treatment prescribed by the regulations;
“presiding member” means the presiding member of the Board referred to in section 7;
“register” means the register referred to in section 37;
“registered” means registered by the Board under this Act;
“registrar” means the person engaged or employed to be registrar under section 17;
“registration” includes renewal of registration;
“respondent” means a person the subject of a complaint;
“specialist” means a person who is registered under section 30;
“specialty” means a branch of physiotherapy prescribed under section 30(1) as a specialty.
4. Application
This Act does not apply to, or in respect of, or in any way affect —
(a) the practice of a person’s profession as —
(i) a chiropractor registered under the Chiropractors Act 2005;
(ii) a dentist registered under the Dental Act 1939;
(iii) a medical practitioner;
(iv) an osteopath registered under the Osteopaths Act 2005; or
(v) a podiatrist registered under the Podiatrists Act 2005;
(b) a person applying massage or heat to the human body in the practice of his or her calling, by reason only of the fact that the person —
(i) practises face massage or scalp massage for cosmetic purposes only;
(ii) applies massage or heat to a person engaged in playing or training for any game, sport or athletics for the purpose of training that person, or alleviating injuries received by that person in the course of such playing or training; or
(iii) practises massage otherwise than for the curing or alleviation of an abnormal condition.
Part 2 — Physiotherapists Registration Board and committees
Division 1 — The Board
5. Board established
(1) A body called the Physiotherapists Registration Board of Western Australia is established.
(2) The Board —
(a) is a body corporate;
(b) has perpetual succession and a common seal; and
(c) may sue and be sued in its corporate name.
(3) The Board does not represent, and is not an agent of, the Crown.
6. Membership of Board
(1) The Board consists of 8 members appointed by the Minister, of whom —
(a) 6 are to be physiotherapists;
(b) one is to be a person who has knowledge of and experience in representing the interests of consumers; and
(c) one is to be a legal practitioner.
(2) Each member of the Board is to be a natural person.
7. Presiding member and deputy presiding member
The presiding member and the deputy presiding member of the Board are to be elected by the Board from amongst its members.
8. Constitution and proceedings
Schedule 1 has effect with respect to the constitution and proceedings of the Board.
9. Remuneration
A member of the Board, or of a committee, is to be paid such remuneration and allowances (if any) as the Minister, on the recommendation of the Minister for Public Sector Management, determines from time to time.
Division 2 — Functions and powers
10. Functions
The functions of the Board are as follows —
(a) to advise the Minister on matters to which this Act applies;
(b) to administer the scheme of registration under Part 4;
(c) to support and promote public education and research in relation to the practice of physiotherapy;
(d) to monitor education in physiotherapy, and provide advice on that education to the Minister and to any other person or body involved in that education;
(e) to promote and encourage —
(i) the continuing education of physiotherapists in the practice of physiotherapy; and
(ii) increased levels of skill, knowledge and competence in the practice of physiotherapy;
and
(f) to perform other functions that are conferred on the Board under this Act or any other Act.
11. Powers
The Board has all the powers it needs to perform its functions.
12. Delegation by Board
(1) The Board may delegate any power or duty of the Board under another provision of this Act to —
(a) a member of the Board;
(b) a committee or a member of a committee; or
(c) the registrar.
(2) The delegation must be in writing executed by the Board.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Board to perform a function through the registrar or any other member of staff or an agent.
Division 3 — Relationship of Board with Minister
13. Directions by Minister
(1) Subject to subsection (2), the Minister may, after consulting with the Board, give directions in writing to the Board with respect to the performance of its functions either generally or in relation to a particular matter, and the Board is to give effect to any such direction.
(2) The Minister must not under subsection (1) direct the Board with respect to the performance of its functions in respect of —
(a) a particular person;
(b) a particular qualification; or
(c) a particular application, complaint or proceeding.
(3) The text of a direction given under subsection (1) must be —
(a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and
(b) included in the annual report submitted by the Board under section 25(1).
14. Minister to have access to information
(1) In this section —
“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Board.
(2) The Minister is entitled —
(a) to have information in the possession of the Board; and
(b) if the information is in or on a document, to have, and make and retain copies of, that document.
(3) For the purposes of subsection (2) the Minister may —
(a) request the Board to furnish information to the Minister;
(b) request the Board to give the Minister access to information;
(c) for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister.
(4) The Board is to comply with a request under subsection (3) and make its staff and facilities available to the Minister for the purposes of subsection (3)(c).
(5) The Minister is not entitled to have information under this section in a form that —
(a) discloses the identity of a person involved in a particular application, complaint, investigation or other proceeding; or
(b) might enable the identity of any such person to be ascertained,
unless that person has consented to the disclosure.
Division 4 — Committees
15. Committees
(1) In addition to the complaints assessment committee and the impairment review committee the Board may from time to time establish any other committee.
(2) The Board may —
(a) determine the functions, membership and constitution;
(b) appoint such members and other persons as it thinks fit to be members; and
(c) give directions with respect to the functions and procedures,
of a committee established under this section.
(3) A committee is to comply with a direction given to it under subsection (2)(c).
(4) At the request of the Board, a committee established under this section is to report on the performance of its functions to the Board, in accordance with the Board’s request.
16. Provisions relating to committees
(1) Each member of a committee is to be a natural person.
(2) The Board may remove a person from membership of a committee and may reconstitute or discharge a committee established by the Board.
(3) A committee is to ensure that an accurate record is kept and preserved of the proceedings of each meeting of the committee and of each resolution passed by the committee.
(4) Subject to this Act, a committee may determine its own procedures.
(5) A person with special knowledge or experience may be invited to act in an advisory capacity to a committee if the committee is of the opinion that the person will assist the committee in the performance of its functions and the Board has approved the invitation.
Division 5 — Registrar and other staff
17. Registrar
(1) The Board is to engage or employ a person to be the registrar.
(2) The registrar has the functions that are conferred under this Act or that the Board directs the registrar to perform.
(3) The registrar may delegate to a person engaged or employed by the Board any power or duty of the registrar under another provision of this Act.
(4) The delegation must be in writing executed by the registrar.
(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(6) A delegate exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
18. Other staff
The Board may engage or employ persons to provide such professional, technical or other assistance that the Board considers necessary to enable it to perform its functions.
Division 6 — General
19. Duty not to make improper use of information
A member or former member of the Board or a member or former member of a committee must not, whether within or outside the State, make improper use of information acquired by virtue of that position to gain, directly or indirectly, an advantage for himself or herself or for any other person.
Penalty: $5 000.
20. Meetings and minutes of meetings
(1) Subject to this section, every meeting of the Board is to be open to members of the public.
(2) Despite subsection (1) —
(a) the Board may of its own initiative order that in any particular case a meeting, or part of a meeting, of the Board is to be closed; and
(b) where a meeting of the Board concerns a proceeding under Part 5 relating to a disciplinary or impairment matter, a person to whom the proceedings relate may request that the meeting, or part of the meeting, be closed.
(3) The Board is to consider a request under subsection (2)(b) and may order that the meeting, or part of the meeting, be closed if it is of the opinion that such an order is in the best interests of the parties involved or the maintenance of professional standards.
(4) The minutes of a meeting of the Board are to be open for inspection at its principal place of business by members of the public during normal office hours without fee, other than minutes relating to —
(a) proceedings under Part 5 relating to a disciplinary or impairment matter;
(b) a matter determined to be confidential under subsection (6); or
(c) a meeting, or part of a meeting, that the Board ordered be closed under subsection (2)(a) or (3).
(5) A person may, on payment of the fee prescribed by the regulations, if any, obtain a copy of any minutes of the Board available for inspection under subsection (4).
(6) The Board may determine that a matter is confidential if it considers that its disclosure is likely to infringe the reasonable privacy of any person.
21. Execution of documents by Board
(1) The Board is to have a common seal.
(2) A document is duly executed by the Board, if —
(a) the common seal of the Board is affixed to it in accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Board by a person or persons authorised by the Board to do so under subsection (5).
(5) The Board may, by writing under its seal, authorise —
(a) a member or members of the Board; or
(b) a member or members of staff,
to sign documents on behalf of the Board, either generally or subject to such conditions as are specified in the authorisation.
(6) A document executed under this section without the common seal of the Board is not to be regarded as being a document under seal.
(7) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
(8) When a document is produced bearing a seal purporting to be the common seal of the Board, it is to be presumed that the seal is the common seal of the Board until the contrary is shown.
Part 3 — Finance and reports
22. Funds of the Board
(1) The funds of the Board consist of —
(a) fees received by the Board;
(b) grants (if any) by the State, and all gifts and donations made to the Board, but subject to any trusts declared in relation to the grants, gifts or donations;
(c) penalties, costs and expenses received under section 60 or 82; and
(d) other money or property lawfully received by the Board in connection with the performance of its functions.
(2) The funds of the Board may be applied —
(a) for the purposes of the administration and enforcement of this Act, including the remuneration of members of the Board and committees and of the registrar and other persons engaged or employed by the Board;
(b) for the payment of examinations and reports in accordance with section 65(3);
(c) for the furtherance of education, including public education, and research in relation to the practice of physiotherapy;
(d) by way of contribution to any professional body for physiotherapists for the development of professional standards by that body; and
(e) for any other purpose that the Board may recommend and the Minister may approve to enable the Board to perform its functions.
23. Accounts
(1) The Board is to cause to be kept proper accounts and records of the transactions and affairs of the Board and is to prepare financial statements in accordance with Australian Accounting Standards.
(2) The financial statements are to be prepared on an accrual basis unless the Board determines otherwise.
24. Audit
The accounts and financial statements of the Board are to be audited at least once a year, at the expense of the Board, by a registered company auditor (as defined in paragraph (a) of the definition of that term in the Corporations Act section 9) appointed by the Board with the prior approval of the Minister.
25. Annual report and other reports
(1) The Board, not later than 31 December in each year, is to make and submit to the Minister an annual report of its proceedings for the preceding year ending on 30 June together with a copy of its financial statements for that year and the auditor’s report on those statements.
(2) The Board’s annual report must include details of —
(i) investigations and inquiries undertaken under this Act during the year to which the report relates; and
(ii) matters that have been brought before the State Administrative Tribunal by the Board during the year to which the report relates;
(b) the number and nature of matters referred to in paragraph (a) that are outstanding;
(c) any trends or special problems that may have emerged;
(d) forecasts of the workload of the Board in the year after the year to which the report relates; and
(e) any proposals for improving the operation of the Board.
(3) The Minister is to cause a copy of the Board’s annual report and financial statements and of the auditor’s report submitted under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after receipt of the report by the Minister.
(4) The Board is to ensure that after subsection (3) has been complied with copies of the reports and statements referred to in that subsection are available on request for inspection at its principal place of business.
Part 4 — Registration of physiotherapists
Division 1 — Registration
26. Natural persons may be registered
Registration under this Act may be granted only to a natural person.
27. Registration
(1) The Board is to register an applicant if satisfied that the applicant has —
(a) complied with the requirements of subsection (2); and
(b) paid the registration fee, if any, prescribed by the regulations.
(2) The requirements for registration are that the applicant —
(a) is a fit and proper person to be registered as a physiotherapist;
(b) has not been convicted of an offence the nature of which renders the person unfit to practise as a physiotherapist;
(c) has adequate knowledge of the English language both written and oral;
(d) has sufficient physical capacity, mental capacity and skill to practise physiotherapy;
(f) holds a qualification prescribed by the rules as a qualification for registration as a physiotherapist.
(3) Subsection (2)(e) does not apply to a person who, having been awarded a qualification referred to in subsection (2)(f) within the 5 years preceding the application, is applying to the Board, for the first time, for registration under subsection (1).
(4) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of physiotherapy by the physiotherapist.
(5) A condition imposed under subsection (4) may apply indefinitely or for a period of time specified by the Board in the written notice.
(6) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.
28. Provisional registration
(1) The Board may provisionally register an applicant if satisfied that —
(a) the applicant has applied to be registered under section 27;
(b) the requisite evidence is likely to be produced to enable the Board to be satisfied as to the matters set out in section 27(2); and
(c) the applicant has paid the registration fee, if any, prescribed by the regulations.
(3) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of physiotherapy by the physiotherapist.
(4) If the Board, before the period referred to in subsection (2) expires, has reason to believe that a person granted provisional registration is not entitled to be registered as a physiotherapist under section 27, the Board may, without prejudice to the person’s application to be registered, cancel the person’s provisional registration.
29. Conditional registration at the discretion of the Board
(1) The Board may grant a person conditional registration as a physiotherapist if —
(a) the Board is satisfied that the person meets the requirements of section 27(2)(a), (b), (c) and (d);
(b) the Board is satisfied that —
(i) the person meets the requirements of section 27(2)(e)
(ii) the person desires registration for the purpose of enabling the person to teach, research or study physiotherapy at an educational or research institution approved by the Board and the person has qualifications in physiotherapy that enable the person to do so;
(iii) the person desires registration to enable the person to undertake particular duties of physiotherapy of limited duration;
and
(c) the applicant has paid the registration fee, if any, prescribed by the regulations.
(2) Conditional registration —
(a) in relation to registration under subsection (1)(b)(i) or (iii) has effect until the day specified in the certificate of registration (unless registration is earlier cancelled by the Board) but that day is in no case to be later than 12 months after the issue of the certificate; and
(b) in relation to registration under subsection (1)(b)(ii) has effect until the person ceases to teach, research or study physiotherapy at the educational or research institution approved by the Board.
(3) Conditional registration, and the practice of physiotherapy by a physiotherapist registered under this section, may be made subject to such conditions as the Board imposes in any particular case.
(4) The Board may at any time cancel a conditional registration.
30. Registration as specialists
(1) The Board is to register an applicant as a specialist in a branch of physiotherapy prescribed by the regulations as a specialty if satisfied that the applicant has —
(a) complied with the requirements of subsection (2); and
(b) paid the registration fee, if any, prescribed by the regulations.
(2) The requirements for registration as a specialist are that the applicant —
(a) is registered under section 27; and
(b) holds a qualification for registration in the specialty that is prescribed by the regulations as a qualification for the specialty or a qualification that in the opinion of the Board is equivalent to such a qualification.
(3) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of the specialty by the specialist.
(4) A condition imposed under subsection (3) may apply indefinitely or for a period specified by the Board in the written notice of the decision under section 100.
(5) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.
(6) Subject to this Act, registration of a physiotherapist as a specialist confers on that person the right to carry on in the State the practice of the specialty for which the person was granted registration as a specialist under the title or titles prescribed by the regulations as the title or titles under which the specialty may be practised.
31. Professional indemnity insurance
(1) In this section —
“professional indemnity insurance” means professional indemnity insurance that meets the minimum terms and conditions approved by the Board.
(2) Without limiting the Board’s powers under section 27, 28, 29 or 30 the Board may impose both of the following conditions as conditions of registration under section 27, 28, 29 or 30 —
(a) that —
(i) the physiotherapist must hold professional indemnity insurance;
(ii) the physiotherapy provided by the physiotherapist must be covered by professional indemnity insurance; or
(iii) the physiotherapist must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the physiotherapist is not a party to the professional indemnity insurance;
(b) that the professional indemnity insurance must meet the minimum terms and conditions approved by the Board.
(3) A condition imposed under this section may apply indefinitely or for a period of time specified by the Board in the written notice of the decision given under section 100.
(4) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.
32. Application
(1) An application is to be —
(a) in writing;
(b) made in an approved manner and form; and
(c) accompanied by the application fee, if any, prescribed by the regulations.
(2) The applicant must provide the Board or the registrar with such further information as the Board or the registrar requires, in any particular case, and if required by the Board or the registrar must verify the information by statutory declaration.
(3) The Board may, in writing, require an applicant for registration to attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application and, if the person fails to attend, may refuse the application.
(4) The Board may refuse to register a person who does not comply with this section.
33. Effect of registration
Subject to this Act, registration confers on the person registered the right to carry on in the State the practice of physiotherapy under the title of “physiotherapist”.
34. Duration of registration
Subject to this Act, registration —
(a) has effect for the period prescribed by the regulations; and
(b) may be renewed in accordance with the regulations for a further period prescribed by the regulations.
35. Renewal of registration
(1) A physiotherapist must pay to the Board a fee prescribed by the regulations for the renewal of registration, and if the fee is not paid on or before the day on which it falls due under the regulations —
(a) the person ceases to be registered; and
(b) the person’s name must be removed from the register.
(2) A person whose name is removed from the register under subsection (1) may at any time pay to the Board all fees that are in arrears, and all fees that would be in arrears if the person had continued to be registered, together with any additional amount prescribed by the regulations for the purposes of this subsection, and is then to be entitled, subject to this Act, to have his or her registration renewed and the name restored to the register.
(3) For the purposes of Part 5, the registration of a person whose name is restored to the register under subsection (2) is taken to have continued during the period that the person’s name was removed from the register under subsection (1).
(4) The Board is to give written notice of the renewal fee to a physiotherapist, sent to that physiotherapist’s address as recorded in the register, at least 42 days before the fee falls due under the regulations.
(5) A person may apply to the Board for the remission of fees payable by the person under this section that are in arrears, and the Board may remit those fees in whole or in part.
36. Application for registration by a person whose registration has been cancelled under section 79(1)(i)
(1) In this section —
“disqualified person” means a person whose registration has been cancelled and name removed from the register under section 79(1)(i).
(2) A disqualified person may not apply for registration for a period of 2 years after that person’s registration was cancelled.
(3) The Board cannot grant an application for registration by a disqualified person unless it has applied for, and obtained, the approval of the State Administrative Tribunal to do so.
(4) Registration of, and the practice of physiotherapy by, a disqualified person may be made subject to such conditions as the Board in any particular case imposes.
Division 2 — The register
37. The register
The Board is required to keep an accurate and up to date register of all physiotherapists in such manner and form as the Board determines and in respect of each physiotherapist is to record —
(a) the name of that physiotherapist;
(b) the business, or other address, of that physiotherapist;
(c) particulars of all of the qualifications in physiotherapy recognised by the Board and held by that physiotherapist;
(d) the provision of this Act under which the physiotherapist is registered;
(e) any conditions applying to the registration;
(f) details of the exercise of any power under Part 5 in respect of that physiotherapist or any order made in respect of that physiotherapist in a proceeding before the State Administrative Tribunal under Part 5; and
(g) such other information, if any, as is prescribed by the regulations.
38. Inspection of register
(1) The register must be kept in the office of the registrar.
(2) The register must be available for inspection by members of the public during normal office hours.
(3) The register may be made available for inspection by members of the public on an internet website maintained by the Board.
(4) A person may, on application to the registrar in respect of the register or an entry in the register, and payment of the fee prescribed by the regulations, if any, obtain a certified copy of the register or the entry.
(5) No fee is payable under subsection (4) if the application is made —
(a) by an officer of the department of the Public Service principally assisting the Minister in the administration of this Act; and
(b) for the purpose of carrying out the functions of an officer of that department.
39. Certificate of registration
(1) On the registration of a person the Board is to issue to that person a certificate of registration in an approved form.
(2) In the absence of evidence to the contrary a certificate of registration is evidence that the person to whom the certificate is issued is registered.
40. Voluntary removal from register
(1) A physiotherapist may, in writing, request the registrar to remove the name of that physiotherapist from the register and cancel the physiotherapist’s registration.
(2) Upon receipt of a request under subsection (1) the registrar is to refer the request to the Board and may, if the Board so approves, remove the name of the physiotherapist from the register and cancel the physiotherapist’s registration.
(3) This section does not apply to a physiotherapist who is the subject of proceedings under Part 5.
41. Removal of name and cancellation of registration of person
(1) Subject to subsections (2) and (3), the Board is to cancel the registration of and direct the registrar to remove from the register the name of a physiotherapist if the Board is satisfied that the physiotherapist —
(a) has not practised physiotherapy in the preceding period of 5 years; and
(b) has not maintained current knowledge and skills in physiotherapy at an approved level.
(2) If the Board proposes to give a direction under subsection (1), the Board is to give the physiotherapist written notice of the proposal and the reasons for the proposal.
(3) A notice given under subsection (2) must state that within 28 days after the notice is given, the physiotherapist to whom it is given may make written representations to the Board concerning the proposal, and the Board is not to give the direction without considering any representations received within that period.
42. Effect of removal of name from register
If the name of a registered person is removed from the register under a provision of this Act, that person ceases to be registered.
Division 3 — Notifications to Board