28. Disciplinary powers

    (1) There is proper cause for disciplinary action in respect of a person registered under this Act if

    (a) the registration of the person was obtained by fraud or misrepresentation;

    (b) the person has been convicted of an offence that renders him unfit to practise as a podiatrist;

    (c) as a result of a finding of any board or authority outside the State charged with regulating the registration and supervision of podiatrists the name of the person has ceased to appear in the register of podiatrists or other record kept by that board or authority and that person has been at any time and should continue to be disqualified from carrying on practice as a podiatrist;

    (d) the person is addicted to alcohol or any deleterious drug or suffers from any mental or physical disorder to a degree that renders him unfit to carry on the practice of podiatry; or

    (e) the person is guilty of improper conduct as a podiatrist by reason of carelessness, incompetence, impropriety, infamous behaviour, or a breach of the provisions of this Act.

    (1a) The Board may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in subsection (1), against a person registered under this Act.

    (1b) If in a proceeding commenced by an allegation under this section against a person registered under this Act, the State Administrative Tribunal is of the opinion that proper cause exists for disciplinary action the Tribunal may order that the name of the person be struck off the Register.

    (2) Where the State Administrative Tribunal considers that a matter does not in the public interest require that the name of the person concerned be struck off the Register, the Tribunal may

    (a) suspend that person from the practice of podiatry, either generally or in relation to any specified circumstances or service, for a period not exceeding 12 months;

    (b) order that person to pay a penalty not exceeding $1 000; or

    (c) deal with that person in the manner described in paragraph (d), (e), or (f) of section 28A(1).


      [(3)-(5) repealed]

    [Section 28 amended by No. 55 of 2004 s. 954.]



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.