39. Disciplinary powers
(1) There is proper cause for disciplinary action in respect of a person who is a registered psychologist if ¾
(a) the registration of the person was obtained by fraud or misrepresentation;
(b) the person has been convicted of an offence which renders him unfit to practise as a psychologist;
(c) as a result of a finding of a reciprocating authority the name of the person has ceased to appear in the Register of psychologists or other record kept by that authority and that person has been at any time and should continue to be disqualified from carrying on practice as a psychologist;
(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 professional practice of psychology; or
(e) the person is guilty of improper conduct in a professional respect 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 registered psychologist.
(1b) If in a proceeding commenced by an allegation under this section against a registered psychologist, 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.
(1c) 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 ¾
(a) suspend that person from the practice of psychology, either generally or in relation to any specified circumstances or service, for a period not exceeding 12 months;
(b) order the person to pay a penalty not exceeding $1 000; or
(c) deal with the person in any of the ways described in paragraph (a), (b) or (c) of section 39A(1).
(3) Where the Board is of the opinion that the holding of a formal inquiry is not warranted by the nature of the allegations the Board, after affording to the person concerned the opportunity of giving an explanation to the Board either in person or in writing and the option thereafter of proceedings by way of an inquiry of the kind referred to in section 42, may ¾
(a) order that the particulars entered in the Register in relation to that person be amended;
(b) censure that person;
(c) require that person to give an undertaking, either with or without security, for such period as the Board thinks necessary ¾
(i) in relation to his future conduct in a professional respect; or
(ii) to comply with such conditions as the Board may impose in relation to his practice;
(d) order that person to pay to the Board a penalty not exceeding $100.
(4) The Board may, in any case, in addition to or in lieu of imposing any one or more of the penalties specified in this section, order the person concerned to pay such costs and expenses of or incidental to the proceedings as the Board thinks fit.
(5) Where any penalty, costs or expenses are ordered to be paid under this section the amount ordered to be paid shall be recoverable in any court of competent jurisdiction as a debt due to the Board.
[Section 39 amended by No. 55 of 2004 s. 973.]