21. Rules

    (1) The Board may, subject to the approval of the Governor, from time to time make such rules as the Board determines to be necessary for all or any of the following purposes

    (a) regulating the meetings and proceedings of the Board and the conduct of its business;

    (b) enabling the Board to constitute committees of the Board, which may consist of members of the Board or persons who are not members but so that in every case one member of the Board shall be a member of the committee and the committee shall be required to report to the Board on its activities at such times as the Board determines, and for regulating the proceedings of such committees;

    (c) determining the evidence to be produced and conditions to be fulfilled by any person applying for registration or provisional registration under this Act;

    (d) regulating the manner of keeping and the form of the Register;

    (e) regulating the manner of making application for, and the granting of permits to use or to continue the use of, firm names as psychologists;

    (f) prescribing the fees to be paid in relation to the grant, amendment or renewal of registration, and the fees or charges that shall be payable in relation to other matters under this Act, other than the commencement of a proceeding before the State Administrative Tribunal;

    (g) prescribing the forms to be used for the purposes of this Act, including a requirement that information supplied be verified by statutory declaration;

    (h) regulating the manner of making to the Board any charge or complaint against or concerning any psychologist, and the inquiry by the Board into such charge or complaint;

    [(i) deleted]

    (j) regulating the practice of hypnosis by prescribed persons;

    (k) regulating the practice of psychology by persons registered under this Act and the conduct of that practice; and

    (l) generally to give effect to the objects of this Act.

    (2) Rules made under this section may confer on any person a discretionary authority.

    (3) Failure to comply with rules made under this section in relation to the practice of psychology may be deemed to constitute improper conduct in a professional respect on the part of a registered psychologist.

    (4) Nothing in this section prevents any matter not dealt with in the rules formulated under this section from being treated for the purposes of this Act as improper conduct in a professional respect.

    (5) In formulating rules for the purposes of this section the Board shall have due regard to, but shall not be bound by, the standards of professional conduct for psychologists laid down by the body known as the Australian Psychological Society.

    (6) Nothing in subsection (1) affects or limits the power of the Governor to make regulations under this Act for or in respect of any matters mentioned in that subsection, and where the Board makes a rule and the Governor makes a regulation in respect of the same matter and there exists any inconsistency between that rule and that regulation, the rule shall, to the extent of such inconsistency, be superseded by the regulation and shall be read and have effect subject to the regulation.

    (7) Where in this Act a reference is made to rules, that reference shall, where the context so permits, be construed as being a reference also to regulations made under section 57.

    [Section 21 amended by No. 55 of 2004 s. 970.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.