Page 3701 - Week 12 - Thursday, 21 October 1993

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To be eligible for general registration, applicants must be graduates of a course of study from an Australian or overseas institution which is accredited in writing by the board and, if required by the board, they must also successfully complete an examination conducted by or on behalf of the board. As well, they must have undertaken the required training or gained experience in the practice of chiropractic or osteopathy in Australia for a period specified by the board, but not exceeding 12 months.

The new registration arrangements distinguish initial registration from subsequent streamlined mutual recognition procedures for registered chiropractors or osteopaths from participating jurisdictions under the mutual recognition arrangements. Registration may be granted without conditions, or with conditions that will limit the person's ability to practise in a way the Chiropractors and Osteopaths Board considers to be safe or appropriate for that person or necessary for the protection of the public.

The Chiropractors and Osteopaths Board's disciplinary powers have been expanded to provide for a range of uniform sanctions which can be imposed either singularly or in combination in respect of disciplinary action or in cases of impairment, but there is a requirement for the board to hold an inquiry prior to imposing any sanctions on a person's practice. These powers are similar to those placed in boards in other jurisdictions.

There is also provision for persons who have had conditions imposed on their registration under the impairment provisions to request the board to review these conditions. If the board receives such a request and it is satisfied that the person no longer suffers from that impairment or that the impairment has lessened, it may review those conditions or impose new conditions on the person's registration, as it sees fit. Where the board refuses to review the conditions imposed on a person's registration, that person has the right of appeal to the ACT Administrative Appeals Tribunal.

The transitional arrangements also include provisions in respect of persons who have applied for registration or have been granted provisional registration or have failed to pay the annual fee under the principal Act. They also provide for the continuation of inquiries and reviews or the investigation of complaints in relation to the practitioner's previous conduct if such action was pending or under way immediately prior to the enactment of the present amendments. Decisions by the Chiropractors and Osteopaths Board in respect of registration, disciplinary and impairment matters will be subject to appeals to the Administrative Appeals Tribunal.

In addition, the Bill provides for a number of amendments of a housekeeping nature, including the removal of sexist language and provisions dealing with registration of interstate practitioners and personal attendance requirements, which will now be dealt with under the mutual recognition legislative framework. I present the explanatory memorandum.

Debate (on motion by Mrs Carnell) adjourned.


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