Occupational Therapists Act 2005

Occupational Therapists Regulations 2007

Reprint 1: The regulations as at 6 August 2010

 


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 regulations 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.Transitional, savings, modifying 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 regulations 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 regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations 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•removed (because it was repealed or deleted from the law); or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 regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. 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 regulations are 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.

 

 

 

 

Reprinted under the Reprints Act 1984 as

at 6 August 2010

Occupational Therapists Regulations 2007

CONTENTS

1.Citation1

2.Commencement1

3.Criminal record screening1

4.Prescribed qualifications for registration under Act s. 27(2)(f)2

5.Prescribed period for registration and renewal of registration under Act s. 347

6.Day on which fee falls due under Act s. 35(1)7

7.Prescribed information under Act s. 37(g)7

8.Amendment of particulars in register7

9.Change of name or business name8

10.Complaints to the complaints assessment committee8

11.Appointment of a conciliator8

12.Advertising8

13.Fees9

14.Fees for registration under Mutual Recognition (Western Australia) Act 2001 or Trans‑Tasman Mutual Recognition (Western Australia) Act 20079

15.Reduction, waiver or refund of fees9

Schedule 1 — Fees

Schedule 2 — Fees for registration under Mutual Recognition (Western Australia) Act 2001 or Trans‑Tasman Mutual Recognition (Western Australia) Act 2007

Notes

Compilation table13

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 6 August 2010

Occupational Therapists Act 2005

Occupational Therapists Regulations 2007

1.Citation

These regulations are the Occupational Therapists Regulations 2007 1.

2.Commencement

These regulations come into operation as follows:

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day on which the Occupational Therapists Act 2005 section 3 comes into operation 1.

3.Criminal record screening

The Board may require a person who applies to the Board for registration under section 27 or 29 of the Act to give the Board authority to obtain details of any record of criminal convictions of that person.

4.Prescribed qualifications for registration under Act s. 27(2)(f)

(1)For the purposes of section 27(2)(f) of the Act, the qualifications specified in column 1 of the Table to this subregulation opposite the institution specified in column 2 of that Table are prescribed as a qualification for registration as an occupational therapist.

Table

Column 1

Prescribed qualification

Column 2

Institution

Western Australia

Diploma of the Royal Perth Hospital School of Occupational Therapy (1960‑69)

Royal Perth Hospital School of Occupational Therapy

Associateship Occupational Therapy (1969‑73)

Western Australian Institute of Technology

Bachelor of Applied Science Occupational Therapy (1974‑87)

Western Australian Institute of Technology

Bachelor of Applied Science Occupational Therapy (1988‑92)

Curtin University of Technology

Bachelor of Science Occupational Therapy (1993‑)

Curtin University of Technology

Master of Occupational Therapy (2004‑)

Curtin University of Technology

Bachelor of Science (Occupational Therapy) (2009‑)

Edith Cowan University

Master of Occupational Therapy Practice (2009‑)

Edith Cowan University

New South Wales

Diploma Occupational Therapy (1948‑1975)

The University of New South Wales

Diploma Applied Science Occupational Therapy (1978)

Cumberland College

Bachelor of Applied Science Occupational Therapy (1973‑1989)

Cumberland College

Bachelor of Applied Science Occupational Therapy (1990‑)

The University of Sydney

Bachelor of Health Science Occupational Therapy (1999‑)

Charles Sturt University

Bachelor of Health Science Occupational Therapy (1999‑)

The University of Newcastle

Bachelor of Occupational Therapy (2005‑)

University of Newcastle

Bachelor of Applied Science Occupational Therapy (1998‑)

University of Western Sydney

Master of Occupational Therapy (1998‑)

The University of Sydney

Queensland

Bachelor of Occupational Therapy (1968‑)

The University of Queensland

Bachelor of Occupational Therapy (2002‑)

James Cook University

Master of Occupational Therapy Studies (2002‑)

The University of Queensland

South Australia

Bachelor of Applied Science Occupational Therapy (1979‑1990)

South Australian Institute of Technology

Bachelor of Applied Science Occupational Therapy (1991‑)

University of South Australia

Master of Occupational Therapy Graduate Entry (2005‑)

University of South Australia

Victoria

Diploma of Occupational Therapy (1948‑1972)

Occupational Therapy School, Victoria

Diploma of Occupational Therapy (1973‑1975)

Lincoln Institute of Health Sciences

Bachelor of Applied Science (OT) (1973‑1984)

Lincoln Institute of Health Sciences

Bachelor of Applied Science (OT) (1985‑1993)

La Trobe University

Bachelor of Occupational Therapy (1994‑2008)

La Trobe University

Master of Occupational Therapy Practice (2003‑)

La Trobe University

Bachelor of Health Sciences and Master of Occupational Therapy Practice (2009‑)

La Trobe University

Bachelor of Occupational Therapy (2009‑)

Monash University

Bachelor of Occupational Therapy (2005‑)

Deakin University

New Zealand

Bachelor of Health Science (Occupational Therapy) (1994‑)

Auckland University of Technology

Bachelor of Occupational Therapy (1995‑)

Otago Polytechnic

Diploma of Occupational Therapy (1991‑1996)

Otago Polytechnic

Diploma of Occupational Therapy (1991‑1996)

Auckland Institute of Technology

Bachelor of Health Science (Occupational Therapy) (1997‑2000)

Auckland Institute of Technology

Bachelor of Health Science (Occupational Therapy) (2000‑)

Auckland Institute of Technology

Diploma of Occupational Therapy (1971‑1991)

Central Institute of Technology

State Examination Certificate in Occupational Therapy (1946‑1970)

New Zealand School of Occupational Therapy

Other

Certificate that applicant has passed all stages of the examination in Occupational Therapy (1989‑1999)

National Office of Overseas Skills Recognition

Certificate that applicant has met occupational therapy practice audit requirements (2000‑)

Council of Occupational Therapists Registration Boards (Australia and New Zealand ) Inc.

(2)For the purposes of section 27(2)(f) of the Act, an occupational therapy qualification accredited by the Council on Overseas Professional Qualifications before 1 January 1990 is prescribed as a qualification for registration as an occupational therapist.

(3)For the purposes of section 27(2)(f) of the Act, any qualification relating to a person taken to be registered under Schedule 2 clause 6(1) of the Act entered in the Register under the Occupational Therapists Registration Act 1980 section 13(2)(c) 2 immediately before the day on which the Act comes into operation is prescribed as a qualification for registration of that person.

[Regulation 4 amended in Gazette 23 Jun 2009 p. 2461; 13 Nov 2009 p. 4536‑7.]

5.Prescribed period for registration and renewal of registration under Act s. 34

(1)For the purposes of section 34(a) of the Act, the prescribed period for which registration has effect is a period equal to the period commencing on the day on which registration is granted and ending on the next succeeding 30 June.

(2)For the purposes of section 34(b) of the Act, the prescribed period for which registration may be renewed is a period equal to the period commencing on the day on which the registration is renewed and ending on the next succeeding 30 June.

6.Day on which fee falls due under Act s. 35(1)

For the purposes of section 35(1) of the Act, the day in each year on which the prescribed fee for the renewal of registration falls due is 30 June.

7.Prescribed information under Act s. 37(g)

For the purposes of section 37(g) of the Act, the following information is prescribed —

(a)any offence under the Act for which the occupational therapist has been convicted;

(b)the date on which the occupational therapist was first registered as an occupational therapist;

(c)any business name under which the occupational therapist practises occupational therapy.

8.Amendment of particulars in register

An occupational therapist may at any time apply to the Board for the amendment of the particulars recorded in the register relating to that occupational therapist, and if the Board is satisfied that the amendment may properly be made, the Board, on payment of the prescribed fee, is to cause those particulars to be amended.

9.Change of name or business name

(1)An occupational therapist must give the registrar written advice of any change to his or her name or business name that is recorded in the register.

Penalty: a fine of $1 000.

(2)The advice referred to in subregulation (1) must be given no later than 30 days after the change of name or business name.

10.Complaints to the complaints assessment committee

(1)A complaint to the complaints assessment committee is to be in writing.

(2)A person who complains to the complaints assessment committee must give to the committee —

(a)his or her name; and

(b)such other information relating to the person’s identity as the Board or registrar may require.

11.Appointment of a conciliator

(1)After consulting a person with knowledge of and experience in the conciliation of complaints, the complaints assessment committee may appoint a person with knowledge of and experience in the conciliation of complaints to be a conciliator to preside over a conference under section 77(2) of the Act.

(2)The Board may pay a conciliator appointed under this regulation a fee for, and such reasonable expenses as may be incurred by the conciliator in, presiding over conferences under section 77(2) of the Act.

12.Advertising

An occupational therapist who advertises, or causes to be advertised, any material relating to the occupational therapist’s practice of occupational therapy that —

(a)is false, misleading or deceptive; or

(b)creates an unjustified expectation of beneficial treatment; or

(c)promotes the unnecessary or inappropriate use of the occupational therapist’s services,

commits an offence.

Penalty: a fine of $1 000.

13.Fees

The fees in Schedule 1 are the prescribed fees payable in respect of the matters specified in that Schedule and the persons liable for payment of the fees are the persons specified in that Schedule.

14.Fees for registration under Mutual Recognition (Western Australia) Act 2001 or Trans‑Tasman Mutual Recognition ( Western Australia ) Act 2007

The fees in Schedule 2 are prescribed as the fees payable in respect of the registration of a person entitled under —

(a)the Mutual Recognition Act 1992 (Commonwealth), as adopted by the Mutual Recognition ( Western Australia ) Act 2001; or

(b)the Trans‑Tasman Mutual Recognition Act 1997 (Commonwealth), as adopted by the Trans‑Tasman Mutual Recognition ( Western Australia ) Act 2007,

to be registered in this State as an occupational therapist.

[Regulation 14 inserted in Gazette 22 Dec 2009 p. 5261.]

15.Reduction, waiver or refund of fees

The Board may authorise the reduction, waiver or refund of any fee provided for in these regulations if the Board considers it appropriate to do so.

 

Schedule 1 — Fees

[r. 13]

 

Type of fee

Provision
of Act

Fee
$

1.

Fee payable by a person who applies for a copy of the minutes of the Board available for inspection under section 20(4) of the Act.





s. 20(5)

$5 plus $1 per page up to a maximum fee of $10

2.

Registration fee payable by a person if registration is effected in the months of July, August, September, October, November or December.





s. 27(1)(b)





84

3.

Registration fee payable by a person if registration is effected in the months of January, February, March, April, May or June.





s. 27(1)(b)





42

4.

Fee payable by a person who applies for registration under section 27 or 29 of the Act for the conduct of criminal record screening.




s. 27, 29 and 97(2)(h)





50

5.

Registration fee payable by a person for provisional registration.



s. 28(1)(c)



84

6.

Registration fee payable by a person for conditional registration.



s. 29(1)(c)



84

7.

Fee payable by the applicant to accompany an application for registration.



s. 32(1)(c)



84

8.

Fee payable by an occupational therapist for renewal of registration of the occupational therapist.




s. 35(1)




84

9.

Additional amount to be paid to the Board by an applicant to have name restored to the register.




s. 35(2)




49

10.

Fee payable by a person who applies for a certified copy of the register or an entry in the register for the copy.




s. 38(4)




20

11.

Fee payable by an applicant for amendment of particulars entered in the register.


r. 8 and s. 97(2)(h)



14

[Schedule 1 amended in Gazette 1 May 2009 p. 1433‑4.]

Schedule 2 — Fees for registration under Mutual Recognition (Western Australia) Act 2001 or Trans‑Tasman Mutual Recognition ( Western Australia ) Act 2007

[r. 14]

[Heading inserted in Gazette 22 Dec 2009 p. 5261.]

 

Type of fee

Fee
$

1.

Fee for lodgment of written notice seeking registration in accordance with mutual recognition principle or Trans‑Tasman mutual recognition principle



84

2.

Fee for grant of registration in accordance with mutual recognition principle or Trans‑Tasman mutual recognition principle if registration effected in January, February, March, April, May or June




42

3.

Fee for grant of registration in accordance with mutual recognition principle or Trans‑Tasman mutual recognition principle if registration effected in July, August, September, October, November or December




84

[Schedule 2 inserted in Gazette 22 Dec 2009 p. 5261.]

dline

 

Notes

1This reprint is a compilation as at 6 August 2010 of the Occupational Therapists Regulations 2007 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Occupational Therapists Regulations 2007

31 Jul 2007 p. 3771‑85

r. 1 and 2: 31 Jul 2007 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b) and Gazette 31 Jul 2007 p. 3789)

Occupational Therapists Amendment Regulations 2009

1 May 2009 p. 1433‑4

r. 1 and 2: 1 May 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 2 May 2009 (see r. 2(b))

Occupational Therapists Amendment Regulations (No. 2) 2009

23 Jun 2009 p. 2460‑1

r. 1 and 2: 23 Jun 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 24 Jun 2009 (see r. 2(b))

Occupational Therapists Amendment Regulations (No. 3) 2009

13 Nov 2009 p. 4536‑7

r. 1 and 2: 13 Nov 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 14 Nov 2009 (see r. 2(b))

Occupational Therapists Amendment Regulations (No. 4) 2009

22 Dec 2009 p. 5260‑1

r. 1 and 2: 22 Dec 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 23 Dec 2009 (see r. 2(b))

Reprint 1: The Occupational Therapists Regulations 2007 as at 6 Aug 2010
(includes amendments listed above)

2The Occupational Therapists Registration Act 1980 was repealed by the Occupational Therapists Act 2005, which commenced 1 Aug 2007.

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer