Western Australia
Podiatrists Registration Act 1984
Reprint 1: The Act
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Podiatrists Registration Act 1984
CONTENTS
Part I — Preliminary
1.Short title2
2.Commencement2
3.Interpretation2
4.Application3
Part II — The Podiatrists Registration Board
5.Constitution of Board4
6.Composition of Board4
7.Functions of the Board6
8.Rules7
9.Registrar and staff8
Part III — Registration of podiatrists
10.Qualifications9
11.Applications10
12.The Register10
13.Certificates of registration11
14.Conditions on registration and certificates of registration12
15.Effect of registration12
16.Resignation12
17.Registrar to remove names of deceased persons from Register13
18.Registrar to amend Register to ensure accuracy13
19.Effect of striking off13
20.Name of person struck off may be restored13
21.Registration fees14
22.Suspension14
23.Temporary registration15
24.Provisional registration16
Part IV — Finance and reports
25.Funds of the Board18
26.Accounts18
27.Audit18
27A.Annual report19
Part V — Disciplinary proceedings
28.Disciplinary powers20
29.Breach of undertaking22
30.Evidence of facts found in other proceedings22
31.Inquiries23
32.Records of Board decisions25
33.Appeals25
34.Reciprocal enforcements26
35.Publication of proceedings26
36.Certificates to be surrendered by persons whose names are struck off the Register, etc.27
37.Provision for continuing business after death28
38.Offences as to registration28
39.Offences as to qualified persons29
40.Offences relating to the practice of podiatry29
41.Legal proceedings30
Part VI — Miscellaneous
42.Indemnity32
Part VII — Repeal, savings and transitional provisions
43.Repeal33
44.Savings and transitional33
Notes
Compilation table35
Defined Terms
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Podiatrists Registration Act 1984
An Act to make provision for the regulation of the practice of podiatry, the registration of persons as podiatrists and for related purposes and to repeal the Chiropodists Act 1957.
Part I — Preliminary
This Act may be cited as the Podiatrists Registration Act 1984 1.
This Act shall come into operation on a day to be fixed by proclamation 1.
In this Act, unless the contrary intention appears —
“Board” means the Podiatrists Registration Board constituted under section 5;
“certificate of registration” means a certificate of registration granted under section 13;
“chairman” means the chairman of the Board;
“medical practitioner” means a medical practitioner registered under the Medical Act 1894;
“member” means a member of the Board and includes the chairman;
“physiotherapist” means a physiotherapist registered under the Physiotherapists Act 1950;
“podiatrist” means a person registered under this Act;
“podiatry” means the diagnosis and treatment, by medical, surgical, electrical, mechanical or manual methods, of such ailments or abnormal conditions of the human foot as come within the accepted province of podiatry including the analysis of gait and other factors influencing disorders of the foot and appropriate preventative education;
“Register” means the register referred to in section 12;
“Registrar” means the person holding or acting in the office of Registrar under section 9;
“section” means a section of this Act
“subsection” means a subsection of the section in which that term is used.
(1)A person is not required to register under this Act, nor is it unlawful for him
(2)Nothing in this Act extends or applies to, or in any manner affects, the practice of his
Part II — The Podiatrists Registration Board
(1)A Board to be called the “Podiatrists Registration Board” shall be constituted for the purposes of this Act
(2)The Board shall be a body corporate with perpetual succession and a common seal, and shall be capable of suing and being sued in its corporate name, and of acquiring, holding, and disposing of real and personal property, and of doing and permitting all things which are required by this Act to be done by the Board, or which are necessary and convenient to be done by the Board for the purpose of giving effect to this Act.
(3)All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to a document and shall presume that it was duly affixed.
(4)The Board does not represent, and is not an agent or servant of, the Crown.
(1)The Board shall consist of 6 persons appointed by the Governor, of whom —
(a)1 shall be the chief executive officer 2 or a person who is nominated by the chief executive officer 2;
(b)1 shall be a medical practitioner nominated for appointment by the Minister;
(c)1 shall be a person nominated for appointment by the Council of the Curtin University of Technology 3 established under the Curtin University of Technology Act 1966 4; and
(d)3 shall be persons nominated for appointment by the Minister from a panel of names submitted by the body known as The Australian Podiatry Association (Western Australia).
(2)The Board shall elect its own chairman.
(3)Three members of the Board shall constitute a quorum at a meeting of the Board.
(4)The performance of the functions or the exercise of the powers of the Board is not affected by reason of there being a vacancy or vacancies in the membership of the Board.
(5)Prior to each occasion on which an appointment is to be made to an office of member referred to in subsection (1)(
(6)Where a request has been made under subsection (5) for the submission of a panel of names to the Minister, the Minister —
(a)shall, if such a panel is submitted within 30 days of the body receiving the request, nominate 1 or more, as the case requires, of the persons whose names appear on the panel for appointment to the office of member; and
(b)may, if default is made in submitting within that time such a panel to him
(7)Subject to this section, a member shall hold office for such period not exceeding 3 years as is specified in the instrument of his
(8)The Governor may remove a member appointed —
(a)pursuant to subsection (1)(
(b)pursuant to section 7(
(9)A member may resign his
(10)The Governor may terminate the appointment of a member by reason of the misbehaviour, or the physical or mental incapacity, of the member.
(11)The Governor shall terminate the appointment of a member if that member —
(a)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his
(b)absents himself
(12)The appointment of a member is not invalidated, and shall not be called in question, by reason of a defect or irregularity in connection with his
(13)The office of member of the Board may be held in conjunction with any appointment or office in the Public Service of the State.
(1)Subject to subsection (3), the Board shall carry out the administration of this Act
(2)The functions of the Board are —
(a)to advise the Minister as to the general administration of this Act
(b)to administer the scheme of registration established under this Act; and
(c)to carry out such other functions as are conferred upon the Board under this Act.
(3)The Minister may from time to time give directions to the Board with respect to its functions, powers, and duties, either generally or with respect to a particular matter, and the Board shall give effect to those directions.
(1)The Board may, subject to the approval of the Governor, make rules 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 at least 1 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 under this Act;
(d)regulating the manner of keeping and the form of the Register;
(e)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;
(f)prescribing the forms to be used for the purposes of this Act
(g)regulating the manner of making to the Board any charge or complaint against or concerning any podiatrist, and the conduct of the inquiry by the Board into such charge or complaint;
(h)regulating the practice of podiatry by persons registered under this Act and the conduct of that practice;
(i)regulating the manner in which podiatrists may advertise or display or publicise their practice of podiatry;
(j)providing for the Board to adopt a common seal and prescribing the manner in which the common seal of the Board may be affixed to documents and the manner in which documents issued by the Board may be authenticated;
(k)prescribing the fees and allowances payable to members from the funds of the Board;
(l)regulating the issue, cancellation, removal and replacement of certificates; and
(m)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 podiatry may be deemed to constitute improper conduct on the part of a podiatrist for the purposes of section 28(
(1)The Board shall appoint a Registrar and such other staff as it considers necessary for the purposes of carrying out the provisions of this Act
(2)The Registrar shall be the Secretary of the Board.
Part III — Registration of podiatrists
(1)A person who satisfies the Board —
(a)that he
(b)that he
(c)that he
shall, subject to this Act and upon payment of the prescribed fee, be registered under this Act and the Board shall cause his
(2)For the purposes of subsection (1), a person who holds “an approved educational qualification” means a person who has gained by examination a qualification approved by the Board granted by a tertiary educational institution recognized by the Board.
(3)A person who satisfies the Board —
(a)that he
(b)that he
(c)that he
may, upon his
(4)For the purposes of subsection (3), “teaching or research institution” means any university, college or school of podiatry, research institute, hospital, clinic or other like institution which is engaged in this State in teaching or research in podiatry and which is approved by the Board for the purposes of this subsection
(1)An application for registration under this Act shall be made in writing and in a manner and form determined by the Board.
(2)In respect of any particular application for registration, the applicant shall provide the Board with such further information as the Board determines, verified by statutory declaration if the Board so requires.
(3)The Board may require any applicant for registration to attend personally before the Board and, if the applicant fails so to attend, may refuse the application.
(1)Subject to this Act, the Board shall cause to be compiled and maintained a register in a form showing in respect of each application for registration under this Act or the renewal thereof such particulars as may be prescribed.
(2)Where the Board has authoris
(a)the name of that person;
(b)the address of that person;
(c)particulars of the qualifications of that person; and
(d)such other particulars as are prescribed.
(3)Where the name of a person is entered in the Register, that person may at any time apply to the Board for the amendment of the relevant particulars entered in the Register, and if the Board is satisfied that the amendment may properly be made, the Board shall, on payment of the prescribed fee, amend those particulars accordingly.
(4)The Register shall be kept in the office of the Registrar, and shall at all reasonable times be open to inspection by any person without fee.
(5)The Register may be kept or prepared —
(a)by making entries in or on a bound or loose‑leaf book; or
(b)by recording or storing the particulars required by this Act to be entered in the Register by means of a mechanical, electronic or other device, but so that the particulars so recorded or stored will remain in the form in which they were originally recorded or stored and will be capable of being reproduced in written form in the English language.
13.Certificates of registration
(1)The Board shall on the grant of registration issue a certificate of registration in the prescribed form to the applicant which shall, subject to this Act, have effect —
(a)in the case of temporary registration, for the period specified therein; and
(b)in any other case, for the period expiring on 31 December of the year in which the registration is granted.
(2)Subject to this Act, registration of a person as a podiatrist may, on payment to the Board of the prescribed fee, be renewed from time to time for a further period of 12 months.
14.Conditions on registration and certificates of registration
(1)The Board may grant registration subject to such conditions as it thinks fit, and may from time to time after consultation with the holder of the certificate of registration, vary or add to any such conditions.
(2)The terms of any condition, other than the condition referred to in subsection (3), imposed by the
(3)Every certificate of registration shall be conditional upon the holder complying with the provisions of this Act
(4)The holder of a certificate of registration shall comply with any condition to which that certificate of registration is made subject under this section.
Subject to this Act, registration under this Act confers on the holder of a valid certificate of registration the right to carry on in the State the practice of podiatry under the title of “podiatrist” in accordance with the conditions, restrictions or limitations (if any) indicated on that certificate but not otherwise.
(1)A person registered under this Act, and whose conduct as a podiatrist is not the subject of investigation, may give notice in writing signed by him
(2)A person whose name has been removed from the Register in accordance with subsection (1) may at any time thereafter make application in the prescribed form to the Board for the restoration of his
(3)Upon payment by the applicant to the Board of the prescribed fee and upon being satisfied of the relevant matters set out in section 10, the Board shall direct the Registrar to restore the name of the applicant to the Register and the Registrar shall comply with the direction.
17.Registrar to remove names of deceased persons from Register
When a person who is registered under this Act dies, the Registrar shall, upon being satisfied as to the death of that person, remove his
18.Registrar to amend Register to ensure accuracy
Subject to the directions of the Board, the Registrar shall, from time to time as the occasion requires, make such amendments, additions and corrections to the Register as may be necessary to make the Register an accurate record of the prescribed particulars of all persons registered under this Act as podiatrists.
Where the name of a person is struck off the Register under this Act, that person ceases to be registered as, and is disqualified from practising as, a podiatrist, unless and until his
20.Name of person struck off may be restored
(1)A person whose name has been struck off the Register under this Act may, after a period of not less than 12 months, apply to the Board in the prescribed manner to have his
(2)The Board may refuse any application made under subsection (1).
(3)If the Board grants an application under subsection (1), it shall direct the Registrar, on payment by the applicant to the Board of the prescribed fee, to restore the name of the applicant to the Register, and the Registrar shall comply with the direction.
(1)Every podiatrist shall pay to the Board prior to the grant or renewal of his
(2)A podiatrist who fails by the end of February in any year to pay the fee prescribed for the renewal of his
(3)A person whose name is removed from the Register under this section may at any time thereafter pay to the Board all fees which are in arrear, and all fees which would be in arrear if he
(4)A person to whom this section applies may make representations to the Board with the object of obtaining remission of fees in arrear, and the Board may remit those fees in whole or in part.
(1)If a person is suspended from the practice of podiatry, that person shall be deemed not to be registered as, and shall be disqualified from practising as, a podiatrist under this Act during the period for which the suspension subsists.
(2)If a person is suspended from the practice of podiatry in relation to any specified circumstances or service, that person shall be deemed not to be registered as, and shall be disqualified from practising as, a podiatrist under this Act during the period for which the suspension subsists in relation to the circumstances or the performance of the service specified in the order for his
(3)The Board may, by notice in writing, revoke a suspension, either generally or to a specified extent, and may direct in the notice that the revocation has effect from a date specified in the notice.
(1)A person who is in the State or proposes to come to the State and who satisfies the Board that —
(a)he
(b)he
(c)he
may, upon application in the prescribed form to the Board, be granted by the Board a temporary registration for that purpose and may be granted a certificate of temporary registration.
(2)Where, on the consideration of an application for registration, the Board is of the opinion that it would grant registration if satisfactory evidence were produced, and that it is likely that the requisite evidence will be produced, the Board may, on payment of the prescribed fee, grant a certificate of temporary registration.
(3)The Board may grant temporary registration on an honorary basis for specified periods to persons of eminence within the field of podiatry, so recognized by the Board, who may visit the State to teach and demonstrate methods and techniques of podiatry.
(4)A certificate of temporary registration has effect, unless earlier cancelled by the Board, for such period not exceeding 3 months as is specified in the certificate and it may be renewed by the Board for a period or periods of not more than 12 months in total in respect of each such application.
(5)Temporary registration granted under this section may be made subject to such limitations and restrictions upon the practice of podiatry by the applicant as the Board in any particular case specifies and such limitations and restrictions shall be indicated on the certificate of temporary registration granted to the applicant.
(6)The Board may at any time cancel any temporary registration granted or renewed under this section, or may vary any limitation or restriction to which it was made subject.
(7)Every person in respect of whom temporary registration is granted shall, while the registration remains in force and so long as he
(1)Where a person has applied for registration as a podiatrist under this Act, the Registrar or, in his
(2)A person who has obtained a provisional certificate of registration under this section shall be deemed to be registered as a podiatrist under this Act until —
(a)the date stated in such certificate; or
(b)such later date as may be fixed by the Board,
but that date shall in no case be later than 3 months after the granting of the certificate.
(3)If the Board, before the date stated or fixed under subsection (2), has reason to believe that such person is not entitled to be registered as a podiatrist, the Board may, without prejudice to his
(4)If a person to whom a provisional certificate of registration has been granted becomes registered under this Act, his
Part IV — Finance and reports
(1)The funds of the Board shall consist of —
(a)such prescribed fees as may be received by the Board; and
(b)all other money or property lawfully received by the Board in respect of the performance of its functions.
(2)The funds of the Board may be applied for the purposes of the administration and enforcement of this Act
(1)The Board shall cause to be kept proper accounts and records of the transactions and affairs of the Board and shall prepare financial statements in accordance with Australian Accounting Standards.
(2)The financial statements shall be prepared on an accrual basis unless the Board determines otherwise.
[Section 26 inserted by No. 77 of 1987 s. 3]
The accounts and financial statements of the Board shall be audited at least once a year, at the expense of the Board, by an auditor appointed by the Board with the prior approval of the Minister.
[Section 27 inserted by No. 77 of 1987 s. 3.]
(1)The Board shall on or before 30 June in each year make and submit to the Minister an annual report of its proceedings for the preceding year ending on 31 December together with a copy of the financial statements and the auditor's report.
(2)The Minister shall cause a copy of each annual report, financial statements and 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.
[Section 27A inserted by No. 77 of 1987 s. 3.]
Part V — Disciplinary proceedings
(1)Where the Board, after an inquiry of the kind referred to in section 31, is satisfied —
(a)that the registration of a person was obtained by fraud or misrepresentation;
(b)that a person has been convicted of an offence which, in the opinion of the Board, renders him
(c)that 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 a 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 in the opinion of the Board should continue to be disqualified from carrying on practice as a podiatrist;
(d)that a person is addicted to alcohol or any deleterious drug or suffers from any mental or physical disorder to a degree that renders him
(e)that a 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
the Board may order that his
(2)Where after an inquiry of the kind referred to in section 31, the Board considers that a matter does not in the public interest require that the name of the person concerned should be struck off the Register, the Board 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 to the Board a penalty not exceeding $1 000; or
(c)deal with that person in the manner provided by subsection (3)(d), (e), or (f).
(3)Where the Board —
(a)is of the opinion that the holding of a formal inquiry is not warranted by the nature of the allegations;
(b)has afforded to the person concerned the opportunity of giving an explanation to the Board either in person or in writing and is not satisfied by any explanation offered; and
(c)has afforded to the person concerned the option of proceedings by way of an inquiry of the kind referred to in section 31 and that option has not been taken up,
the Board may —
(d)order that the particulars entered in the Register in relation to that person be amended;
(e)censure that person;
(f)require that person to give an undertaking, either with or without security, for such period as the Board thinks necessary —
(i)in relation to his
(ii)to comply with such conditions as the Board may impose in relation to his
or
(g)order that person to pay to the Board a penalty not exceeding $250.
(4)The Board may, in any case, in addition to or instead of imposing 1 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.
(1)Where the Board is satisfied that a person who has given an undertaking to the Board required of him
(a)a penalty under this Act in respect of the original matter as a consequence of which he
(b)whether or not imposing a penalty in relation to the original matter, a penalty in relation to the conduct or omission giving rise to the breach of the undertaking or the failure to comply with the conditions.
(2)Where an inquiry of the kind referred to in section 31 has already been held in relation to the original matter, no further inquiry into the original matter shall be held and the Board may deal with the person concerned in respect of that original matter pursuant to the breach or failure, but no penalty of the kind referred to in subsection (1) of that section shall be imposed unless such an inquiry is or has been held.
30.Evidence of facts found in other proceedings
(1)Any finding of fact relating to the conduct of a podiatrist made in any proceedings to which he
(2)Where a qualification held by a podiatrist is suspended, withdrawn, cancelled, or revoked by the body or authority by whom it was awarded or granted, or where any punishment has been imposed on a podiatrist, any finding of fact relating to the conduct of that podiatrist made in the proceedings as a consequence of which that qualification was so suspended, withdrawn, cancelled, or revoked or that penalty was imposed that is notified to the Board by that body or authority is sufficient evidence of that fact in any disciplinary proceedings under this Act.
(1)Except where the matter relates to the enforcement of an order made by a board or authority charged with regulating the registration and supervision of podiatrists elsewhere than in the State, before making any order against a person in disciplinary proceedings under this Act —
(a)for the striking off of his
(b)for his
(c)imposing a pecuniary penalty exceeding $250,
the Board shall hold an inquiry into the matter and, unless his
(2)In conducting an inquiry the Board is not bound by the rules of evidence or by the rules of legal procedure but may proceed in such manner as it thinks fit subject to the requirement that, if he
(3)For the purposes of conducting an inquiry the Board may —
(a)by summons under the hand of the chairman or of the Registrar require the attendance of any witness;
(b)by notice in writing signed by the chairman or the Registrar, require the production of any books, papers or documents relevant to the matter before the Board;
(c)inspect any books, papers and documents produced before it and make copies of or extracts from matters therein that are relevant to the matter before the Board; and
(d)examine witnesses on oath or affirmation for which purpose any member or the Registrar may administer an oath or affirmation.
(4)Any person —
(a)who has been personally served with a summons referred to in subsection (3)(
(b)who wilfully interrupts the proceedings of the Board; or
(c)who, being called or examined as a witness in any proceeding or inquiry before the Board, refuses to be sworn or to affirm or without lawful excuse (proof whereof shall lie on him
commits an offence and is liable to a fine not exceeding $1 000.
(5)A statement or disclosure made at an inquiry before the Board by a witness is not, except in an appeal under this Act or in proceedings for giving false testimony before the Board, admissible in evidence against him
(6)A person who attends for the purpose of giving evidence before the Board is entitled to receive from the funds of the Board such fees and allowances as the member presiding may allow in accordance with the prescribed scale.
Where the Board —
(a)refuses an application for the registration of a person;
(b)imposes, otherwise than by agreement with that person, any limitation, restriction or condition on the practice of podiatry by any person; or
(c)makes any order against a person in the exercise of its disciplinary powers,
the Board shall record the finding on which the decision was based, and its reasons, and shall as soon as is practicable communicate its decision to that person.
(1)A person aggrieved by an order of the Board, or by the refusal of an application to the Board for registration or restoration to the Register, or by any limitation, restriction or condition imposed, may within 3 months after the date on which he
(2)Within 1 month after receipt of the statement of the Board provided under subsection (1), the person aggrieved by the decision of the Board may appeal from that decision to the Local Court.
(3)An appeal under this section shall be brought and the proceedings shall be conducted in such manner as may be prescribed by the Rules of the Local Court in relation to appeals from the decisions of a tribunal, or if in relation to any matter no such Rule is applicable, in such manner as the Local Court may direct, and an appeal shall, unless the Court otherwise orders, be in the nature of a re‑hearing
(4)The Local Court hearing an appeal under this section may —
(a)confirm, quash or vary the decision of the Board;
(b)remit the matter to the Board for rehearing, with or without directions; or
(c)make such other order, including an order as to costs, as the Court thinks fit,
and effect shall be given to an order made under this subsection.
(1)Subject to subsection (2), where a board or authority outside the State charged with regulating the registration and supervision of podiatrists makes an order against a person similar in kind to an order which the Board has power to make under this Act, the Board may, without further inquiry, make a like order to take effect in the State for a period not extending beyond the period of the order made by the first‑mentioned board or authority.
(2)For the purposes of subsection (1), the Board may inquire of a board or authority outside the State charged with regulating the registration and supervision of podiatrists as to the circumstances giving rise to a finding made against a person and may accept the report of that board or authority as to the truth of those circumstances on being satisfied that the person against whom the finding was made had been given an opportunity to make representations in respect of the matter and had failed to satisfy the board or authority thereon.
(1)Without limiting the operation of section 42, no action, claim or demand lies against —
(a)the Board, any member of the Board, the Registrar or any officer of the Board;
(b)any board or authority outside the State charged with regulating the registration and supervision of podiatrists, or any officer, employee or agent thereof; or
(c)the proprietor, editor, printer or publisher of any newspaper, journal or periodical,
in respect of the publication in good faith of the whole or any part of a report of any proceedings, inquiry or findings before or by the Board concerning any matter touching the practice of podiatry.
(2)Where under this Act the name of a person is struck off the Register or the registration of a person is suspended, the Board may notify the striking off, or suspension, and the cause thereof, to —
(a)any board or authority outside the State by which the person is registered as a podiatrist;
(b)any body that has granted him
(c)the body known as The Australian Podiatry Association (Western Australia); and
(d)any person by whom he
36.Certificates to be surrendered by persons whose names are struck off the Register, etc.
(1)Where —
(a)the name of a person is struck off the Register; or
(b)the registration of a person is suspended,
under this Act, that person shall, within 7 days after the date on which he
(2)A person who fails to surrender a certificate as required by subsection (1) commits an offence and is liable to a fine not exceeding $250, but it is a defence to a prosecution for an offence against this subsection if the defendant satisfies the court that the failure to surrender the certificate was due to its loss or destruction.
(3)The striking off of the name of a person from the Register or the suspension of the registration of a person is effective notwithstanding his
37.Provision for continuing business after death
Where any podiatrist dies who carried on the practice of podiatry immediately before his
38.Offences as to registration
A person who —
(a)makes, or causes to be made, any falsification in any matter relating to the Register;
(b)presents, or causes to be presented, to the Board or the Registrar any forged, false or counterfeit document or other evidence as to his
(c)personates, or wrongfully represents himself
(d)makes or produces, or causes to be made or produced, any false or fraudulent statement or representation, either orally or in writing, for the purpose of procuring registration, whether for himself
commits an offence and is liable to a fine not exceeding $1 000.
39.Offences as to qualified persons
Any person who, without the written consent of the Board, or otherwise than in accordance with such conditions as the Board may impose, knowingly employs or remunerates, in connection with the practice of podiatry, any person whose name is removed from the Register or who is suspended from practice, commits an offence.
Penalty: $1 000.
40.Offences relating to the practice of podiatry
(1)Subject to this section and except as otherwise provided in this Act, a person who, not being a person who is registered as a podiatrist under this Act and is thereby authoris
Penalty: $1 000.
(2)Subsection (1) does not prohibit the use of any title or description necessarily assumed by any public educational institution recognized by the Board for the purpose of education in podiatry.
(3)A podiatrist shall not carry on the practice of podiatry under any name other than his
Penalty: $1 000.
(4)A podiatrist shall not authoris
Penalty: $1 000.
(5)A podiatrist shall not in relation to podiatry use or notify on any name‑plate or sign or in any advertisement or notice published by or for him
Penalty: $1 000.
(1)Any proceedings in respect of an offence against this Act may be taken in the name of the Board by the Registrar or any other person authoris
(2)All proceedings for offences against this Act shall be heard before a Court of Petty Sessions constituted by a stipendiary magistrate sitting alone.
(3)No proof shall be required of the appointment of any member of the Board, or any person to take proceedings in the name of the Board, but an averment in the complaint that the person is so authoris
(4)It shall not be necessary in any proceedings for an offence against this Act for the prosecution to prove that the defendant received any remuneration or reward in connection with the act, matter, or thing complained of, or that any offence was committed with a view to enabling the defendant to practise podiatry or to claim the privileges conferred by this Act on a podiatrist.
(5)When any person is charged under this Act with doing any act or thing which it is unlawful for him
(6)In all courts and before all persons and bodies authoris
(a)a certificate in the prescribed form purporting to be issued on behalf of the Board and stating that any person was or was not registered, or that the registration of a person was suspended, on any date or dates or during any period mentioned in the certificate, is evidence of the matters so stated;
(b)a copy of or extract from the Register, or any writing that purports to reproduce matters entered in the Register and recorded or stored by means of mechanical, electronic or other device, certified as a true copy or as a true extract by the Registrar, is evidence of the facts appearing therein;
(c)judicial notice shall be taken of the signature on the certificate and on the copy of or extract from the Register, which shall be presumed to have been duly authoris
(7)Where a body corporate is convicted of an offence against this Act, every person who at the time of the commission of the offence was a director or member of the governing authority of the body corporate or an officer concerned in the management of it and who authoris
(8)A person referred to in subsection (7) may, on the request of the complainant, be convicted on the proceedings on which the body corporate is convicted if the court is satisfied that the person had reasonable notice that the complainant intended to make that request.
Part VI — Miscellaneous
No liability attaches to a member of the Board, the Board, or the Registrar or any officer of the Board for any act or omission, by him
Part VII — Repeal, savings and transitional provisions
The Chiropodists Act 1957‑1981 is repealed.
(1)In this section —
“former Board” means The Chiropodists Registration Board constituted under the repealed Act;
“pending proceedings” means any proceeding before the former Board which was commenced prior to the coming into operation of this Act
“the repealed Act” means the Act repealed by section 43.
(2)A person who immediately before the coming into operation of this Act
(3)The Register of Chiropodists kept under the repealed Act shall upon the coming into operation of this Act
(4)Upon the coming into operation of this Act
(5)Notwithstanding anything in this Act, for the purposes of completing and determining pending proceedings —
(a)the former Board shall continue;
(b)if the office of any member of the former Board becomes vacant whether by effluxion of time or not, the Governor may —
(i)continue that person in office; or
(ii)appoint another person to that office,
but any person holding office pursuant to this subsection is subject to the provisions of the repealed Act.
(6)Except as provided by this section, nothing in this section affects the operation of the Interpretation Act 1918 5.
Notes
1This reprint is a compilation as at 11 April 2003 of the Podiatrists Registration Act 1984 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Short title |
Number and year |
Assent |
Commencement |
Podiatrists Registration Act 1984 |
4 of 1984 |
18 May 1984 |
|
Acts Amendment (Financial provisions of regulatory bodies) Act 1987 s. 3 |
77 of 1987 |
26 Nov 1987 |
1 Jan 1988 (see s. 2) |
Reprint 1: The Podiatrists Registration Act 1984 as at 11 Apr 2003 (includes amendments listed above) |
|||
2Under the Acts Amendment (Public Service) Act 1987 s. 31(1)(f) a reference in a written law to the Permanent Head is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the chief executive officer. This reference was amended under the Reprints Act 1984 s. 7(5)(a).
3Formerly referred to the Western Australian Institute of Technology the name of which was changed to the Curtin University of Technology by the Western Australian Institute of Technology Amendment Act 1986 s. 5. The reference was changed under the Reprints Act 1984 s. 7(3)(h).
4Formerly referred to the Western Australian Institute of Technology Act 1966 the short title of which was changed to the Curtin University of Technology Act 1966 by the Western Australian Institute of Technology Amendment Act 1986 s. 11. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).
5Repealed by the Interpretation Act 1984 s. 77.
Defined Terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
Board3
certificate of registration3
chairman3
former Board44(1)
medical practitioner3
member3
pending proceedings44(1)
physiotherapist3
podiatrist3
podiatry3
Register3
Registrar3
section3
subsection3
teaching or research institution10(4)
the repealed Act44(1)
By Authority: JOHN A. STRIJK, Government Printer