Page 3601 - Week 12 - Thursday, 13 October 1994
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In addition to registration and disciplinary provisions, the Bill makes certain provisions covering the conduct of business and the practice of podiatry. These provisions prohibit a person who is not a registered podiatrist from providing a podiatry service for fee or reward, using a title or name which implies that the person is qualified to practise podiatry, or holding himself or herself out otherwise to be qualified or authorised to practise podiatry. The Bill prohibits a body corporate from providing or offering to provide a podiatry service except through a registered podiatrist, and prohibits a body corporate from advertising that it will provide a podiatry service whether through a registered podiatrist or otherwise. Under these provisions a registered podiatrist has an entitlement to recover fees or remuneration for a podiatry service, the board is able to review fees for a podiatry service, and for an executor or executrix or trustee of a deceased podiatrist to be able to administer the estate of a deceased podiatrist.
The miscellaneous provisions included in the Bill provide for a number of administrative matters associated with the functions of the board and are consistent with those in other health professions registration legislation. They include: A requirement for the board to enable a person to inspect an entry in the register or obtain a copy of an entry in the register upon payment of a determined fee; a requirement for the board to, if requested to do so, furnish a certified copy of an entry in the register to another registration authority without payment; a requirement for the board to publish in each year a notice in the Gazette containing the names of and professional addresses of all podiatrists registered under the Act; provisions in respect of the conduct of directors, servants and agents in proceedings for an offence under the Act; provisions for the Minister by notice in writing to determine fees for the purposes of the Act; and provisions for the Executive to make regulations for the purpose of the Act.
Penalties have been included in the Bill in relation to the failure of a person to return a certificate of registration when requested by the board to do so; failure of the person to notify the board of a change of address; and for offences relating to practising podiatry by either a person or body corporate. These penalties are set at a level which is consistent with other equivalent penalties for similar offences in other Territory legislation.
The transitional arrangements in the Bill include certain provisions which relate to persons who do not hold appropriate qualifications in podiatry that would entitle them to registration under this Act or any similar legislation in any other jurisdiction but who have provided podiatry services in the Territory for the equivalent of three years in the five years before the commencement of the Act. In order not to compromise the livelihood of people in this category, the board will be able to consider applications for registration from persons so affected, subject to their making application to the board within six months of the commencement of the Act. The board is able to impose such conditions on the registration of these applicants as it considers appropriate. There is a mechanism for the person to appeal to the Administrative Appeals Tribunal for a review of any decision made by the board under those provisions. Finally, the transitional provisions also make provision for the Minister to remove from office a person who has been appointed as one of the first professional members to the board if the person fails to apply for registration with the board within six months of the commencement of the Act. I present the explanatory memorandum.
Debate (on motion by Mrs Carnell) adjourned.
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