Western Australia
Physiotherapists Act 1950
Reprinted as at 12 October 2001
Guide for using this reprint
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·removed (because it was repealed or deleted from the law); or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.
Reprinted under the Reprints Act 1984 as at 12 October 2001
Physiotherapists Act 1950
CONTENTS
1.Short title1
2.Interpretation1
3.Commencement2
4.Administration2
5.Registrar2
6.The Board2
7.Funds4
7A.Accounts4
7B.Audit4
7C.Annual report5
8.Rules5
9.Register of Physiotherapists and Record of Students6
10.Qualifications6
11.Prohibition of practise and use of title without registration7
12.Certain persons excluded from Act8
13.Act does not apply to medical practitioners or dentists9
14.Proclaimed method9
15.Offences9
16.Regulations9
Notes
Compilation table11
Defined Terms
Reprinted under the Reprints Act 1984 as at 12 October 2001
Western Australia
Physiotherapists Act 1950
An Act to provide for the training, qualification and registration of persons as physiotherapists and practice of physiotherapy and matters incidental thereto.
This Act may be cited as the Physiotherapists Act 1950 1.
[Section 1 amended by No. 8 of 1967 s. 1(3).]
In this Act, unless the context requires otherwise —
“Board” means the Physiotherapists Registration Board constituted pursuant to the provisions of this Act;
“dentist” means a dentist registered pursuant to the provisions of the Dental Act 1939 2;
“medical practitioner” means a medical practitioner registered pursuant to the provisions of the Medical Act 1894;
“physiotherapist” means a person registered pursuant to the provisions of this Act;
“physiotherapy” means the use by external application to the human body, for the purpose of curing or alleviating an abnormal condition thereof, of manipulation, massage, muscle re‑education, electricity, heat, light or any proclaimed method but does not include the internal use of a drug or medicine or the application of a medical or surgical appliance except insofar as the application of the appliance is necessary in the use of such manipulation, electricity, heat, light or proclaimed method;
“proclaimed method” means a method of practising physiotherapy which, on the recommendation of the Board, the Governor by Proclamation published in the Government Gazette, declares to be such for the purposes of this Act;
“Register” means the Register of Physiotherapists kept pursuant to this Act;
“Registrar” means the person who for the time being and from time to time is appointed by and holds office under the Board as Registrar.
This Act shall come into operation on a day to be fixed by Proclamation 1.
Subject to the Minister, this Act shall be administered by the Board.
(1)The Board shall appoint a Registrar, who shall also be the Secretary of the Board, and may appoint such examiners and other officers and servants as it considers necessary to enable the Board to carry out its duties and functions.
(2)The remuneration of the Registrar, examiners and other officers and servants of the Board shall be paid out of the funds of the Board.
(1)A Board to be called “The Physiotherapists’ Registration Board” shall be constituted for the purposes of this Act.
(2)The Board shall be appointed by the Governor and shall consist of —
a legally qualified medical practitioner employed within the department of the Public Service of the State principally assisting the Minister in the administration of this Act who is nominated by the Minister;
a medical practitioner appointed by the Governor;
2 physiotherapists appointed by the Governor; and
a person nominated by the Council of the Curtin University of Technology and approved by the Minister.
The Board shall elect its own Chairman.
Three members shall constitute a quorum.
(3)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.
(4)No act or proceeding of the Board shall be invalid or be prejudiced by reason only of the fact that at the time when such act or proceeding is done, taken or commenced, there is a vacancy in the office of the Board.
(5)No act, matter or thing done or permitted to be done in good faith by the Board or by any member of the Board, or by the Registrar or any officer or servant of the Board in the administration or intended administration of this Act, or in the exercise or performance or intended exercise or performance of any of its or his powers or duties under this Act, shall subject the Board or any member, or the Registrar or any officer or servant of the Board or of the Crown to any liability in respect thereof.
[Section 6 amended by No. 12 of 1952 s. 2; No. 9 of 1977 s. 3; No. 63 of 1981 s. 4; No. 28 of 1984 s. 87; No. 24 of 2000 s. 31.]
(1)The funds of the Board shall consist of —
(a)the fees prescribed by the rules or regulations and payable to the Board;
(b)grants, if any, by the Government of the State, and all gifts and donations made by any person to the Board, but subject to any trusts declared in relation thereto; and
(c)all the moneys which may come into the hands of the Board under and for the purpose of this Act.
(2)The funds of the Board may be applied by the Board —
(a)for any of the purposes of the Act;
(b)the furtherance of education and research in physiotherapy;
(c)any public purpose connected with the profession of physiotherapy in Western Australia; and
(d)any other purpose approved by the Minister.
(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 7A 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 7B 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 7C inserted by No. 77 of 1987 s. 3.]
(1)Subject to this Act, the Board may, with the approval of the Governor, make rules —
(a)for regulating the meetings and proceedings of the Board;
(b)prescribing the course of training of and the examinations to be passed by persons desiring to be registered as physiotherapists and determining the qualifications to be held by persons desiring to be recognised as students;
(c)for the regulating of the Register and Record of Students;
(d)for regulating the manner of making any charge or complaint to the Board against a physiotherapist or student and the holding of an inquiry by the Board into the charge or complaint;
(e)prescribing the fees to be charged for any registration, license, tuition, examination, certificate or other matter under this Act;
(f)for any other matter which the Governor may declare to be a matter in respect of which rules may be made by the Board under this section;
(g)for prescribing the manner in which the seal of the Board may be affixed to documents and the manner in which documents issued by the Board may be authenticated.
(2)Where there is conflict or inconsistency between the provisions of the rules and those of the regulations, to the extent of the conflict or inconsistency, the latter shall prevail and the former shall be void.
[Section 8 amended by No. 12 of 1952 s. 3.]
9.Register of Physiotherapists and Record
For the purposes of this Act there shall be kept by the Registrar in the form and manner prescribed —
(a)the Register of Physiotherapists;
(b)the Record of Students.
(1)Subject to the provisions of this Act and the rules and regulations a person who proves to the satisfaction of the Board that he is a person of good character shall be entitled to be registered as a physiotherapist and issued by the Board with a license authorising him to practise physiotherapy if —
(a)he has completed the prescribed course of training, and passed the prescribed examinations, or holds qualifications of any university, board, association, society or body prescribed by the regulations, or, in the case of a blind person, he has completed the prescribed special course of training and passed the prescribed special examinations; or
[(b)omitted under the Reprints Act 1984 s. 7(4)(e).]
(2)Notwithstanding the provisions of subsection (1), any person who —
(a)satisfies the Board that he is of good fame and character;
(b)is desirous of engaging in the occupation, as his sole professional occupation in the State, of teaching or research, or of a post‑graduate scholar, in physiotherapy under the direction and control of a teaching or research institution; and
(c)has such qualifications in physiotherapy as in the opinion of the Board fit and qualify him for appointment to a position connected with, and to engage in the occupation of teaching or research, or of a post‑graduate scholar in, physiotherapy,
shall, upon his making application to the Board for registration, be entitled to be registered as a physiotherapist under this Act during such time as his appointment and engagement in that teaching or research or as a post‑graduate scholar continues to be his sole professional occupation in the State, if in the opinion of the Minister and at the absolute discretion of the Minister it is desirable in the interests of the general community of the State to so register that person.
(3)For the purposes of subsection (2), “teaching or research institution” means any university, college or school of physiotherapy, research institute, hospital, clinic or other like institution which is engaged in this State in teaching or research in physiotherapy and which is approved by the Board for the purposes of this subsection.
[Section 10 amended by No. 33 of 1954 s. 2; No. 8 of 1967 s. 2; No. 70 of 1978 s. 3.]
11.Prohibition of practise and use of title without registration
(1)Subject to subsection (2), a person shall not practise physiotherapy nor use the title of physiotherapist unless he is registered as such and holds a license to do so issued to him by the Board.
(2)The provisions of subsection (1) do not apply in relation to a person registered pursuant to subsection (2) of section 10 so long as that person is engaged in the manner referred to in paragraph (b) of that lastmentioned subsection.
[Section 11 amended by No. 8 of 1967 s. 3.]
12.Certain persons excluded from Act
(1)A person shall not be required to register under this Act, nor shall it be unlawful for him to apply massage or heat to the human body in the practice of his calling, by reason only of the fact that —
(a)he is engaged in the practice of osteopathy; or
(b)he is engaged in the practice of chiropractic; or
(c)he practises face massage or scalp massage for cosmetic purposes only; or
(d)he applies massage or heat to persons engaged in playing or training for any game, sport or athletics for the purpose of training such persons, or alleviating injuries received by such persons in the course of such playing or training; or
(e)he practises chiropody; or
(f)he practises massage otherwise than for the curing or alleviation of any abnormal condition.
(2)In this section —
“osteopathy” means the adjustment by hand only of the bones or soft tissue of the human body for the purpose of curing or alleviating any disease or abnormality of the body;
“
13.
Nothing in this Act shall extend or apply to or in any manner affect the practice of his profession by, or any rights or privileges of a medical practitioner or dentist.
From time to time the Governor may, on the recommendation of the Board, by Proclamation published in the Gazette, declare any method of practising physiotherapy a proclaimed method for the purposes of this Act and may likewise revoke or vary any Proclamation made pursuant to the provisions of this section.
A person who commits a breach of the provisions of this Act or the rules or regulations commits an offence and is liable, where no other penalty is provided, to a penalty not exceeding $50.
[Section 15 amended by No. 113 of 1965 s. 8.]
The Governor may make regulations prescribing fees and forms and all matters required or permitted to be prescribed or necessary or convenient to be prescribed for facilitating the carrying out or giving effect to this Act and without limiting the generality of the foregoing provisions of this section may make regulations —
(a)relating to the registration and deregistration of physiotherapists;
(b)regulating the training of persons in physiotherapy and prescribing classes to be attended and the examinations to be passed and the minimum age at which training may be commenced;
(c)relating to the tenure of office of members of the Board;
(d)relating to payment of fees and travelling allowances to members of the Board;
(e)relating to the issue, cancellation, renewal and replacement of licenses;
(f)prescribing qualifications of universities, boards, associations, societies and bodies for the purpose of section 10;
(g)regulating and prohibiting the method and manner in which a physiotherapist may make known the place or places where and the fact that he is practising physiotherapy;
(h)prohibiting a person who is not a physiotherapist from representing directly or indirectly or holding himself out as being a physiotherapist or practising physiotherapy.
