Western Australian Numbered Acts Western Australian Numbered Acts[s. 8]
Division 1 — General provisions
(1) Subject to
clause 4, a member of the Board holds office for such term, not exceeding
3 years, as is specified in the member’s instrument of appointment.
(2) Subject to
subclause (3), a member of the Board is not to hold office for more than
9 years, consecutively or otherwise.
(3) If in the opinion
of the Minister there are special reasons for doing so, a person may be
appointed so that he or she holds office for more than 9 years,
consecutively or otherwise.
2 . Functions of deputy presiding member
(1) The deputy
presiding member is to perform the functions of the presiding member when the
presiding member is unable to do so by reason of illness, absence or other
cause, or when the office of presiding member is vacant.
(2) No act or omission
of the deputy presiding member acting as presiding member is to be questioned
on the ground that the occasion for his or her so acting had not arisen or had
ceased.
(1) The Minister may
appoint an eligible person to be a deputy of a member and may terminate such
an appointment at any time.
(2) The provisions of
section 6 that apply to and in relation to the appointment of a member
apply, with any necessary modification, to and in relation to the appointment
of the deputy of that member.
(3) A deputy of a
member may perform the functions of the member when the member is unable to do
so by reason of illness, absence or other cause.
(4) Despite anything
in this Act, a deputy of a member may continue to act as a member, after the
occasion for so acting has ceased, for the purpose of completing any function.
(5) A deputy of a
member, while acting as a member, has all the functions of and all the
protection given to a member.
(6) No act or omission
of a person acting in place of another under this clause is to be questioned
on the ground that the occasion for so acting had not arisen or had ceased.
4 . Vacation of office by member
(1) A member of the
Board may resign from office by notice in writing given to the Minister.
(2) A member who
resigns under subclause (1) is to give a copy of the notice of
resignation to the registrar.
(3) A member of the
Board may be removed from office by the Minister —
(a) for
mental or physical disability, incompetence, neglect of duty or misconduct
that impairs the performance of the member’s duties;
(b) if
the member is an insolvent under administration, as that term is defined in
the Corporations Act section 9;
(c) if
the member is absent without leave of the Board from 3 consecutive
meetings of the Board of which the member has had notice; or
(d) for
any other act or omission that in the opinion of the Minister may cause
prejudice or injury to the Board.
(4) A member of the
Board must be removed from office by the Minister if the member ceases to hold
a position or qualification by virtue of which the member was appointed or if,
in the case of a member who is a podiatrist, the registration of the member
under this Act is suspended.
5 . General procedure concerning meetings
(1) The presiding
member is to preside at all meetings of the Board at which he or she is
present.
(2) If both the
presiding member and deputy presiding member are absent from a meeting the
members present are to appoint one of their number to preside.
(3) A quorum for a
meeting of the Board is 4 members.
(4) The procedure for
convening meetings of the Board and the conduct of business at those meetings
is, subject to this Act, to be as determined by the Board.
(1) A decision of the
majority of members at a meeting of the Board at which a quorum is present is
the decision of the Board.
(2) If the votes of
members present at a meeting and voting are equally divided the member
presiding at the meeting is to have a casting vote in addition to a
deliberative vote.
The presence of a
person at a meeting of the Board need not be by attendance in person but may
be by that person and each other person at the meeting being simultaneously in
contact by telephone, or other means of instantaneous communication.
8 . Resolution without meeting
A resolution in
writing signed by each member of the Board or assented to by each member by
letter, facsimile transmission, electronic mail or other written means has
effect as if it had been passed at a meeting of the Board.
The Board is to ensure
that an accurate record is kept and preserved of the proceedings at each
meeting of the Board and of each resolution passed by the Board.
Division 2 — Disclosure of interests etc.
In this
Division —
“member” means a member of the Board
or a member of a committee, as the case may be.
(1) A member who has a
material personal interest in a matter being considered or about to be
considered by the Board or a committee must, as soon as possible after the
relevant facts have come to the member’s knowledge, disclose the nature
of the interest at a meeting of the Board or the committee.
Penalty: $10 000.
(2) A disclosure under
subclause (1) is to be recorded in the minutes of the meeting.
12 . Exclusion of interested member
(1) A member who has a
material personal interest in a matter that is being considered by the Board
or a committee —
(a) must
not vote, whether at a meeting or otherwise, on the matter; and
(b) must
not be present while the matter is being considered at a meeting.
(2) In
subclause (1)(a) or (b) a reference to a matter also refers to a
proposed resolution under clause 13 in respect of the matter, whether
relating to that member or a different member.
13 . Board or committee may resolve that
clause 12 inapplicable
Clause 12 does
not apply if the Board or a committee has at any time passed a resolution
that —
(a)
specifies the member, the interest, and the matter; and
(b)
states that the members voting for the resolution are satisfied that the
interest should not disqualify the member from considering or voting on the
matter.
14 . Quorum where clause 12 applies
(1) Despite
clause 5(3), when the Board is dealing with a matter in relation to which
a member of the Board is disqualified under clause 12, 3 members who
are entitled to vote on any motion that may be moved in relation to the matter
constitute a quorum.
(2) The Minister may
deal with a matter to the extent that the Board cannot deal with it because of
subclause (1).
15 . Minister may declare clauses 12
and 14 inapplicable
(1) The Minister may
by writing declare that clause 12 or 14 does not apply in relation
to a specified matter, either generally or for the purpose of dealing with
particular proposed resolutions.
(2) The Minister is
to, within 14 sitting days after a declaration under subclause (1) is
made, cause a copy of the declaration to be laid before each House of
Parliament.
Schedule 2 -- Transitional and savings
[s. 108]
1 . Terms used in this Schedule
In this
Schedule —
“commencement day” means the day on
which this Act comes into operation;
“liability” means any liability, duty
or obligation whether actual, contingent or prospective, liquidated or
unliquidated, or whether owed alone or jointly or jointly and severally with
any other person;
“right” means any right, power,
privilege or immunity whether actual, contingent or prospective;
“the former Board” means the
Podiatrists Registration Board established under the repealed Act;
“the new Board” means the Podiatrists
Registration Board of Western Australia established under this Act;
“the repealed Act” means the
Podiatrists Registration Act 1984 ;
“the repealed Rules” means the
Podiatrists Registration Rules 1985 .
2 . Interpretation Act 1984 not affected
The provisions of this
Schedule do not prejudice or affect the application of the
Interpretation Act 1984 to and in relation to the repeals effected by
sections 106 and 107.
3 . The Podiatrists Registration Board continues
(1) The new Board is a
continuation of, and the same legal entity as, the former Board and the rights
and liabilities of the entity are not affected.
(2) If in a written
law or other document or instrument there is a reference to the former Board,
that reference may, where the context so requires, be read as if it had been
amended to be a reference to the new Board.
(1) A member of the
former Board ceases to be a member on the commencement day.
(2) Four of the
members of the new Board as first constituted under this Act are to hold
office for such term, not exceeding 18 months, as is specified in the
member’s instrument of appointment.
5 . The registrar and other staff
(1) The registrar of
the former Board who held office immediately before the commencement day
continues in office, under and subject to this Act, as the registrar of the
new Board.
(2) The other officers
of the former Board who held office immediately before the commencement day
continue in office, under and subject to this Act, as officers of the new
Board.
(3) A person mentioned
in subclause (1) or (2) is to be regarded as having been engaged or
employed, as is relevant, under this Act.
(4) Except as
otherwise agreed by a person mentioned in subclause (1) or (2), the
remuneration, existing or accrued rights, rights under a superannuation scheme
or continuity of service of the person are not affected, prejudiced or
interrupted by the operation of subclause (1) or (2) or the repeal
of the Podiatrists Registration Act 1984 .
(5) The rights under a
superannuation scheme of a person who was a registrar or officer of the former
Board are not affected, prejudiced or interrupted by the repeal of the
Podiatrists Registration Act 1984 .
6 . Persons registered under the repealed Act
(1) Subject to
clause 7, a natural person who immediately before the commencement day
was registered under the repealed Act is, on the commencement day, to be taken
to be registered under this Act for the period that, and subject to the same
conditions as, applied to that person’s registration under the repealed
Act.
(2) If under
subclause (1) a person is to be taken to be registered under this Act,
the new Board may within 6 months of the commencement day, by notice in
writing to the person, impose the conditions referred to in section 31(2)
on the person’s registration under this Act.
7 . Persons granted provisional registration under
the repealed Act
A person who
immediately before the commencement day was deemed to be registered under the
repealed Act section 24 is, on the commencement day, to be taken to be
registered under and subject to section 28 until —
(a) the
date stated in the provisional certificate of registration granted under the
repealed Act section 24; or
(b) such
later date as may have been fixed by the Board under the repealed Act
section 24.
The register of
podiatrists kept under the repealed Act section 12 immediately before the
commencement day is to be taken to be the register required to be kept under
section 37.
9 . Certificates of registration issued under the
repealed Act
A certificate of
registration in force under the repealed Act immediately before the
commencement day is, subject to this Act, to be taken to be a certificate of
registration for the purposes of this Act.
10 . Restoration of certain names to the register
If a person’s
name has been struck off the register under the repealed Act
section 28(1b), section 36 applies to that person as if the person
were a disqualified person as defined in section 36(1).
If immediately before
the commencement day a person was suspended under the repealed Act,
section 81 applies to the suspension as if the person had been suspended
under section 79(1)(j).
12 . Undertakings under the repealed Act
(1) If a person has
given an undertaking under a provision of the repealed Act that undertaking is
not affected by the repeal of that Act.
(2) If the new Board
is satisfied that the person has breached the undertaking before, on or after
the commencement day, the Board may deal with the person as if the person had
failed to comply with an undertaking given under a provision of this Act.
13 . Complaints made under the repealed Rules Part
IV
If immediately before
the commencement day the former Board was dealing with a complaint made under
the repealed Rules Part IV but had not made an allegation to the State
Administrative Tribunal, the complaints assessment committee is to deal with
the complaint as if the complaint had been lodged with it under this Act
section 52.
If immediately before
the commencement day an investigator was carrying out an investigation for the
purposes of the repealed Act section 31(1)(b) to (c), the
investigator is to continue investigating the matter as if he or she had been
appointed under Part 5 Division 7 of this Act and the appointing
body were the complaints assessment committee.
If an allegation to
the State Administrative Tribunal under the repealed Act section 28(1a)
has been made before the commencement day but not finally determined before
that day, the proceedings may be dealt with and determined under
section 79 or 80, as the case may require, as if an allegation had
been made under this Act.
16 . Failure to comply with an order made under
the repealed Act
If immediately before
the commencement day an order made by the former Board was in effect in
relation to a person under the repealed Act, that order is not affected by the
repeal of that Act and failure to comply with it before, on or after the
commencement day may be dealt with under section 87 as if the order were
an order made under section 55 or 60, as the case requires.
17 . Annual report for part of a year
(1) The former Board
is to make and submit an annual report as required by the repealed Act
section 27A, but limited to the period from 1 January preceding the
commencement day to the commencement day, and that section applies as if that
period were a year.
(2) Despite the repeal
of the repealed Act and this Schedule, the former Board remains in existence
for the purpose of subclause (1) and is entitled to receive from the new
Board and its staff such assistance as it may require for the purpose.
18 . Powers in relation to transitional provision
(1) If there is no
sufficient provision in this Schedule for dealing with a transitional matter
the Governor may make regulations prescribing all matters that are required,
necessary or convenient to be prescribed in relation to that matter.
(2) Regulations made
under subclause (1) may provide that specific provisions of this
Act —
(a) do
not apply; or
(b)
apply with specific modifications,
to or in relation to
any matter.
(3) Regulations made
under subclause (1) must be made within 12 months after the
commencement day.
(4) If regulations
made under subclause (1) provide that a specified state of affairs is to
be taken to have existed, or not to have existed, on and from a day that is
earlier than the day on which the regulations are published in the Gazette but
not earlier than the commencement day, the regulations have effect according
to their terms.
(5) In
subclause (4) —
“specified” means specified or
described in the regulations.
(6) If regulations
contain a provision referred to in subclause (4), the provision does not
operate so as —
(a) to
affect in a manner prejudicial to any person (other than the State), the right
of that person existing before the day of publication of those regulations; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.
Schedule 3 -- Consequential amendments
[s. 109]
1 . Civil Liability Act 2002 amended
(1) The amendments in
this clause are to the Civil Liability Act 2002 *.
[* Act No. 35 of 2002.
For subsequent
amendments see Western Australian Legislation Information Tables for 2004,
Table 1, p. 65. ]
(2) Section 5PA
is amended in paragraph (k) of the definition of “health
professional” by deleting “ Podiatrists Registration
Act 1984 ” and inserting instead —
“ Podiatrists Act 2005 ”.
2 . Constitution Acts Amendment Act 1899
amended
(1) The amendments in
this clause are to the Constitution Acts Amendment Act 1899 *.
[* Reprint 13 as at
18 March 2005.
For subsequent amendments see Acts Nos. 59 and 70 of 2004 and 1 and 2
of 2005. ]
(2) Schedule V
Part 3 is amended by deleting the item commencing “The Podiatrists
Registration Board” and inserting the following item
instead —
“
The Podiatrists Registration Board of Western Australia
established under the Podiatrists Act 2005 .
”.
3. Health Professionals (Special Events
Exemption) Act 2000 amended
(1) The amendments in
this clause are to the Health Professionals (Special Events Exemption)
Act 2000 *.
[* Act No. 7
of 2000.]
(2) Section 3(1)
is amended in the definition of “Health Registration Act” by
deleting “ Podiatrists Registration Act 1984 ; ” and
inserting instead —
“ Podiatrists Act 2005; ”.
4 . Health Services (Conciliation and Review)
Act 1995 amended
(1) The amendments in
this clause are to the Health Services (Conciliation and Review) Act 1995
*.
[* Reprint 2 as at 18
March 2005. ]
(2) Schedule 1
item 9 is deleted and the following item is inserted instead —
“
|
9. |
Podiatrists Registration Board of Western Australia under the
Podiatrists Act 2005 . |
”.
5 . State Administrative Tribunal Act 2004
amended
(1) The amendments in
this clause are to the State Administrative Tribunal Act 2004 *.
[* Act No. 54 of 2004.
For subsequent
amendments see Western Australian Legislation Information Tables for 2004,
Table 1, p. 427. ]
(2) Schedule 1 is
amended by deleting “ Podiatrists Registration Act 1984 ”
and inserting instead —
“ Podiatrists Act 2005 ”.
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 Term Provision(s)
application
3
appointing body 70
approved
3
Board 3
certificate
of registration 3
commencement day
Sch. 2, cl. 1
committee 3
complainant 3
complaint
3
complaints assessment committee 3
condition 3
Corporations Act
3
Director 3
disciplinary matter
3
disqualified person 36(1)
document 3
impairment
3
impairment matter 3
impairment review committee
3
information 14(1)
insolvent 45(1)
investigator
3
legal practitioner 3
liability
Sch. 2, cl. 1
medical practitioner
3
member Sch. 1, cl. 10
member of the Board
3
officer 3
podiatrist
3
podiatry 3
presiding
member 3
professional indemnity insurance
31(1)
register 3
registered
3
registrar 3
registration 3
respondent
3
right Sch. 2, cl. 1
specialist
3
specialty 3
specified
Sch. 2, cl. 18(5)
student
85(1)
the former Board Sch. 2, cl. 1
the
new Board Sch. 2, cl. 1
the repealed Act
Sch. 2, cl. 1
the repealed Rules
Sch. 2, cl. 1
By Authority: JOHN A. STRIJK, Government Printer