Osteopaths Registration Board of NSW 

Dans le territoire de "New South Wales" , le "Osteopaths Registration Board of NSW" est l'Ordre professionnel responsable de l'application de la "Osteopaths Act 2001" qui régit la pratique de l'Ostéopathie dans ce territoire. 

Osteopaths Act 2001

Does not include amendments by:

Licensing and Registration (Uniform Procedures) Act 2002 No 28 (not commenced)

Private Health Facilities Act 2007 No 9 (not commenced)

Long Title

An Act to provide for the registration of osteopaths; and for other purposes.

Part 1 – Preliminary

1 Name of Act

This Act is the Osteopaths Act 2001.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Object of Act

The object of this Act is to protect the health and safety of members of the public by providing mechanisms to ensure that osteopaths are fit to practise.

4 Definitions

In this Act:

"Board" means the Osteopaths Registration Board constituted under this Act.

"Chairperson" means the Chairperson of the Tribunal.

"Commission" means the Health Care Complaints Commission constituted under the Health Care Complaints Act 1993.

"Committee" means the Osteopathy Care Assessment Committee constituted under this Act.

"competence" to practise osteopathy has the meaning given by section 9.

"complaint" means a complaint against an osteopath under Part 4 (Complaints and disciplinary proceedings).

"conduct" means any act or omission.

"criminal finding" means a finding by a court that a person is guilty of an offence without proceeding to conviction.

Section 117 makes special provision with respect to the application for the purposes of this Act of the Criminal Records Act 1991 in respect of criminal findings.

"Deputy Chairperson" means a Deputy Chairperson of the Tribunal.

"Director-General" means the Director-General of the Department of Health.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"health registration Act" has the same meaning as in the Health Care Complaints Act 1993.

"health service" has the same meaning as in the Health Care Complaints Act 1993.

"Impaired Registrants Panel" means an Impaired Registrants Panel constituted under this Act.

"impairment" has the meaning given by section 10.

"Mutual Recognition laws" means the Mutual Recognition Act 1992 of the Commonwealth and the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.

"professional misconduct" is defined in Part 4 (Complaints and disciplinary proceedings).

"prohibition order" has the same meaning as in section 53 (3A).

"Register" means the Register of Osteopaths kept by the Board under this Act.

"registered" means registered under this Act.

"Registrar" means the Registrar of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.

"registration authority" has the same meaning as in the Health Care Complaints Act 1993.

"sex/violence criminal finding" means a criminal finding for a sex/violence offence.

"sex/violence offence" means an offence involving sexual activity, acts of indecency, child pornography, physical violence or the threat of physical violence.

"Tribunal" means the Osteopaths Tribunal constituted under this Act.

"unsatisfactory professional conduct" is defined in Part 4 (Complaints and disciplinary proceedings).

5 Notes

Notes included in this Act are explanatory notes and do not form part of this Act.

6 Mutual Recognition laws

This Act does not limit or otherwise affect the operation of the Mutual Recognition laws.

Part 2 – Registration

7 Registration necessary for certain representations

(1) A person who is not a registered osteopath must not indicate that the person practises osteopathy or is qualified to practise osteopathy. Maximum penalty: 50 penalty units.

(2) Without limiting the ways in which a person may be taken to have indicated that the person is qualified to practise osteopathy or that the person practises osteopathy, a person is taken to have so indicated if the person uses:

(a) any name, initials, word, title, symbol or description that (having regard to the circumstances in which it is used) indicates, or is capable of being understood to indicate, or is calculated to lead a person to infer, that the person is qualified to practise osteopathy or that the person practises osteopathy, or

(b) any name, title or description prescribed by the regulations.

Section 10AC of the Public Health Act 1991 prohibits spinal manipulation by persons who are not registered chiropractors, medical practitioners, osteopaths or physiotherapists.

8 Qualifications for registration

(1) A person has the necessary qualifications for registration as an osteopath if the person:

(a) has such qualifications as may be prescribed by the regulations, or

(b) has successfully completed a course of study that is recognised by the Board as meeting criteria prescribed by the regulations for the purposes of this paragraph, or

(c) has such qualifications as may be approved by the Board on the recommendation of an accreditation body recognised by the Board for the purposes of this section, or

(d) has passed an examination arranged or approved by the Board to assess the person's competence to practise osteopathy.

(2) An educational or training institution may apply to the Board for the recognition by the Board (under subsection (1) (b)) of a course of study offered by the institution. The institution may make application to the Administrative Decisions Tribunal for a review of the decision of the Board on the application.

(3) In determining for the purposes of subsection (1) (b) whether a particular course of study meets the criteria prescribed by the regulations, the Board may have regard to and rely on any findings made on an assessment prepared for the Board in respect of the course of study.

(4) In this section:"qualification" means a degree, diploma, certificate or other academic award conferred or awarded for the successful completion of a course of training in osteopathy.

9 Competence

For the purposes of this Act, a person is competent to practise osteopathy only if the person has sufficient physical capacity, mental capacity and skill to practise osteopathy and has sufficient communication skills for the practice of osteopathy, including an adequate command of the English language.

10 Impairment

(1) For the purposes of this Act, a person suffers from an impairment if the person suffers from any physical or mental impairment, disability, condition or disorder that detrimentally affects or is likely to detrimentally affect the person's physical or mental capacity to practise osteopathy.

(2) For the purposes of this Act, a person who habitually abuses alcohol or is addicted to a deleterious drug is taken to suffer from an impairment.

11 Full registration

(1) A person is entitled to registration as an osteopath if the Board is satisfied that the person has the necessary qualifications for registration as an osteopath and is of good character.

(2) Registration under this section is "full registration".

(3) An entitlement to full registration does not prevent conditions being imposed on that registration in accordance with this Act.

(4) Schedule 1 (Registration procedures) has effect with respect to full registration.

Under section 20 of the Mutual Recognition Act 1992 of the Commonwealth a person is entitled to be registered as an osteopath if the person is registered in another State or a Territory for an equivalent occupation (if that State or Territory participates in the mutual recognition scheme). The entitlement arises once the person lodges a notice under section 19 of that Act and, until registered under this Act, the person is then deemed (by section 25 of that Act) to be registered. See also the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.

12 Provisional registration

(1) Registration as an osteopath may be granted:

(a) to a person entitled to full registration, pending the Board's determination of the person's application for full registration, or

(b) to a person who will be entitled to full registration when a degree, diploma, certificate or other academic award to which the person is entitled is granted or conferred, pending its grant or conferral.

(2) Registration under this section is "provisional registration".

(3) Provisional registration is granted by the Board or the President. In the President's absence it can be granted by any member of the Board authorised by the Board to do so. Provisional registration is granted by the grant of a certificate of provisional registration.

(4) A person granted provisional registration is a registered osteopath until the registration expires or is cancelled. Provisional registration expires on the date stated in the certificate or such later date as may be fixed by the Board.

(5) The Board may impose such conditions as it thinks fit on a person's provisional registration and may at any time remove, add to or vary those conditions by notice in writing to the registered person.

(6) The Board may cancel a person's provisional registration for any reason that the Board considers proper. Cancellation does not affect any application for registration by the person.

(7) If a person granted provisional registration is granted full registration before the person's provisional registration expires, the person's full registration dates from the granting of provisional registration, unless the Board decides otherwise.

13 Temporary registration

(1) Registration for a limited period may be granted to a person who is not normally resident in New South Wales, for the purpose of enabling the person to carry out educational or research activities or such other activities as the Board considers to be in the public interest.

(2) Registration under this section is "temporary registration".

(3) Temporary registration can only be granted to a person:

(a) who is registered as an osteopath in accordance with a law in force in the person's normal place of residence providing for the registration or certification of osteopaths, or

(b) who holds such qualifications or has such experience in the practice of osteopathy as the Board considers satisfactory for the purposes of temporary registration.

(4) Temporary registration is granted by the Board by the grant of a certificate of temporary registration.

(5) A person granted temporary registration is a registered osteopath until the temporary registration expires or is cancelled. Temporary registration expires on the date stated in the certificate unless the period of temporary registration is extended.

(6) The Board may extend and further extend a period of temporary registration by the issue of a further certificate of temporary registration.

(7) The Board may cancel a person's temporary registration for any reason that the Board considers proper. Cancellation does not affect any application for full registration by the person.

(8) The Board may impose such conditions as it thinks fit on the temporary registration of a person and may at any time remove, add to or vary those conditions by notice in writing to the registered person.

14 Power to refuse or impose conditions on full registration

(1) The Board may refuse to register a person who would otherwise be entitled to full registration if:

(a) the Board is of the opinion, following an inquiry under Schedule 1, that the person is not competent to practise osteopathy or suffers from an impairment, or

(b) the person has been convicted of or made the subject of a criminal finding for an offence, either in or outside the State, and the Board is of the opinion that the circumstances of the offence are such as to render the person unfit in the public interest to practise osteopathy, or

(c) the person's registration under a health registration Act has been cancelled or suspended because of conduct that would (if the person were a registered osteopath) authorise cancellation or suspension of the person's registration under this Act, or

(d) the person's registration or certification under an osteopaths registration law has been cancelled or suspended because of conduct that would (if it occurred in New South Wales and the person were a registered osteopath) authorise cancellation or suspension of the person's registration under this Act.

(2) As an alternative to refusing to register a person under subsection (1), the Board may grant the person registration subject to conditions if the Board considers that refusal of registration is not warranted and that the person should be granted registration subject to appropriate conditions.

(3) Conditions of registration may relate to the duration of registration, the aspects of the practice in which the person may be engaged, and any other matters, as the Board thinks appropriate. The Mutual Recognition laws also provide for the imposition of conditions on registration. Conditions can also be imposed on a person's registration as a result of disciplinary proceedings to which the person has been subject.

(4) In this section:"osteopaths registration law" means any law of a place outside the State that provides for the registration or certification of osteopaths.

15 Cancellation and suspension of registration

(1) A person ceases to be registered as an osteopath if the person's name is removed from the Register. A reference in this Act to the cancellation of an osteopath's registration is a reference to the removal of the osteopath's name from the Register.

(2) A person whose registration as an osteopath is suspended or who is suspended from practising osteopathy is taken not to be a registered osteopath during the period of the suspension, except for the purposes of Part 4 (Complaints and disciplinary proceedings).

16 Restrictions on registration of deregistered persons

(1) A person cannot apply for registration (and any such application must be rejected) if:

(a) the person's registration is cancelled pursuant to an order of the Chairperson or a Deputy Chairperson, the Tribunal or the Supreme Court, or

(b) the Chairperson or a Deputy Chairperson, the Tribunal or the Supreme Court orders that the person not be re-registered.

(2) The only way such a person can again be registered is on a review under Division 3 of Part 6 of the order by which the person's registration was cancelled.

17 Appeals concerning registration

(1) A person who is aggrieved by any of the following decisions of the Board may appeal to the Tribunal against the decision:

(a) the Board's refusal to grant the person full registration,

(b) the Board's refusal to grant the person temporary registration,

(c) the Board's decision to refuse to register the person under section 14 or to grant the person registration subject to conditions under that section,

(d) the Board's cancellation of the person's provisional registration or temporary registration,

(e) the Board's refusal to register the person under clause 28 (Entitlement to re-registration if fee paid) of Schedule 1.

(2) An appeal must be made within 28 days (or such longer period as the Chairperson may allow in a particular case) after notice of the decision is given to the person. The appeal is to be lodged with the Registrar who is to refer it to the Tribunal.

(3) If the decision in respect of which an appeal is made was made as a consequence of an inquiry held by the Board, the appeal is to be dealt with by way of rehearing and fresh evidence or evidence in addition to or in substitution for the evidence received at the inquiry may be given.

(4) An appeal does not affect any determination with respect to which it is made until the appeal is determined.

(5) When it determines an appeal, the Tribunal may dismiss the appeal or order that the decision of the Board be revoked and replaced by a different decision made by the Tribunal and specified in the order. The Tribunal may also make such ancillary orders as it thinks proper.

(6) The Tribunal's decision is taken to be a decision of the Board (but this does not confer a right of appeal under this section in respect of the Tribunal's decision).

(7) No appeal lies under this Act against a decision of the Board under the Mutual Recognition laws in relation to its functions under that Act. The Mutual Recognition laws provide that a person may, subject to the Administrative Appeals Tribunal Act 1975 of the Commonwealth, apply to the Administrative Appeals Tribunal for a review of a decision of a local registration authority in relation to its functions under the Mutual Recognition laws. Those functions include registration, the imposition or waiver of conditions on registration and the postponement, refusal or reinstatement of registration.

Part 3 – Practice of osteopathy

Section 10AC of the Public Health Act 1991 prohibits spinal manipulation by persons who are not registered chiropractors, medical practitioners, osteopaths or physiotherapists.

Division 1 – Conduct of practice

18 Use of titles

(1) A registered osteopath must not use the title "doctor" in the course of the practice of osteopathy unless the osteopath is the holder of a qualification conferred by a university that entitles the osteopath to use that title and that qualification is a recognised qualification at the time the osteopath uses the title. Maximum penalty: 10 penalty units.

(2) In this section:"recognised qualification" means:

(a) a qualification that is prescribed by the regulations as a recognised qualification, or

(b) when no qualification is prescribed under paragraph (a), a qualification that is for the time being recognised by the Board for the purposes of this section.

See also section 105 (Use of misleading titles etc) of the Medical Practice Act 1992.

19 Code of professional conduct

(1) The Board may establish a code of professional conduct setting out guidelines that should be observed by registered osteopaths in their professional practice. The Board may from time to time amend or replace a code of professional conduct.

(2) The Minister may require the Board to develop guidelines relating to any conduct of registered osteopaths that the Minister considers should be the subject of a code of professional conduct.

(3) For that purpose, the Minister may:

(a) direct the Board to establish a code of professional conduct, or

(b) direct the Board to amend or replace a code of professional conduct,

so that the code includes guidelines relating to that conduct.

(4) The Board is to comply with any such direction of the Minister.

(5) The provisions of a code of professional conduct are a relevant consideration in determining for the purposes of this Act what constitutes proper and ethical conduct by an osteopath.

(6) The procedure for the establishment of a code of professional conduct is as follows:

(a) the Board is to prepare a proposed code in draft form and is to prepare an impact assessment statement for the proposed code in accordance with such requirements as the Minister may from time to time determine,

(b) the draft code and impact assessment statement are to be publicly exhibited for a period of at least 21 days,

(c) the Board is to seek public comment on the draft code during the period of public exhibition and public comment may be made during the period of public exhibition and for 21 days (or such longer period as the Board may determine) after the end of that period,

(d) the Board is to submit the draft code to the Minister for approval together with a report by the Board giving details of public comment received during the period allowed for public comment and the Board's response to it,

(e) the Board is not to establish the draft code as a code of professional conduct unless the Minister approves the draft.

(7) The procedure for the amendment or replacement of a code of professional conduct is the same as for the establishment of the code unless the Minister otherwise directs in respect of a particular amendment.

Division 2 – Returns and information

20 Annual return to be submitted

(1) A registered osteopath must, on or before the return date in each year, furnish in writing to the Board in a form approved by the Board a return for the return period specifying the following information:

(a) details of any conviction of the osteopath for an offence in this State or elsewhere during the return period (together with details of any penalty imposed for the offence),

(b) details of the making of a sex/violence criminal finding against the osteopath for an offence, in this State or elsewhere, during the return period (together with details of any penalty imposed for the offence),

(c) details of the making of a criminal finding against the osteopath for an offence committed in the course of the practice or purported practice of osteopathy, in this State or elsewhere, during the return period (together with details of any penalty imposed for the offence),

(d) details of any criminal proceedings pending against the osteopath at the end of the return period, in this State or elsewhere, for a sex/violence offence alleged to have been committed in the course of the practice or purported practice of osteopathy,

(e) details of any criminal proceedings pending against the osteopath at the end of the return period, in this State or elsewhere, for a sex/violence offence alleged to have been committed against a minor or to involve child pornography (whether or not alleged to have been committed in the course of the practice or purported practice of osteopathy),

(f) details of any significant illness (physical or mental) from which the osteopath suffered at any time during the return period and that may reasonably be thought likely to detrimentally affect the osteopath's physical or mental capacity to practise osteopathy,

(g) details of any suspension of, cancellation of, or imposition of conditions on, the registration of the osteopath as an osteopath in another jurisdiction (either within Australia or elsewhere) during the return period,

(h) details of any suspension of, cancellation of, or imposition of conditions on, any registration of the osteopath under a health registration Act during the return period,

(i) a statement as to whether the osteopath is registered under a health registration Act as at the date of the return,

(j) a statement as to whether the osteopath has been refused registration as an osteopath in another jurisdiction (either within Australia or elsewhere) during the return period,

(k) details of any continuing professional education undertaken by the osteopath during the return period,

(l) such other information as may be prescribed by the regulations.

(2) The Board may require a return under this section to be verified by statutory declaration.

(3) The regulations may provide that subsection (1) (a) does not apply in respect of particular offences.

(4) In this section:"return date" means a date notified to osteopaths by the Board in writing at least 1 month in advance."return period" means the period of 12 months ending 2 months before the return date.

21 Notification of convictions, criminal findings and charges

(1) A registered osteopath must notify the Board in writing within 7 days after:

(a) the osteopath is convicted of an offence or made the subject of a sex/violence criminal finding for an offence, in this State or elsewhere, giving details of the conviction or criminal finding and any penalty imposed for the offence, or

(b) criminal proceedings are commenced against the osteopath, in this State or elsewhere, in respect of a sex/violence offence alleged to have been committed in the course of the practice or purported practice of osteopathy, or

(c) criminal proceedings are commenced against the osteopath, in this State or elsewhere, in respect of a sex/violence offence alleged to have been committed against a minor or to involve child pornography (whether or not alleged to have been committed in the course of the practice or purported practice of osteopathy).

(2) The regulations may provide that subsection (1) (a) does not apply in respect of particular offences.

22 Courts to provide information on convictions

(1) As soon as practicable after a registered osteopath is convicted of an offence or a sex/violence criminal finding is made against a registered osteopath, the Clerk or other proper officer of the court must (if the court is aware that the person is a registered osteopath) notify the Board of the conviction or criminal finding together with details of any penalty imposed for the offence.

(2) The regulations may provide that this section does not apply in respect of particular offences.

23 Referral of mental health matters to Registrar

If a registered osteopath becomes a mentally incapacitated person, the person prescribed by the regulations must cause notice of that fact to be given to the Registrar in accordance with the regulations.

Part 4 – Complaints and disciplinary proceedings

Division 1 – Interpretation

24 Meaning of "professional misconduct"

For the purposes of this Act, "professional misconduct", in relation to a registered osteopath, means unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the osteopath's registration.

25 Meaning of "unsatisfactory professional conduct"

For the purposes of this Act, "unsatisfactory professional conduct", in relation to a registered osteopath, includes any of the following:

(a) any conduct that demonstrates that the knowledge, skill or judgment possessed, or care exercised, by the osteopath in the practice of osteopathy is significantly below the standard reasonably expected of an osteopath of an equivalent level of training or experience,

(b) a contravention by the osteopath of a provision of this Act or the regulations or of a condition of the osteopath's registration,

(c) a failure without reasonable excuse by the osteopath to comply with a direction by the Board to provide information with respect to a complaint under this Part against the osteopath,

(d) a failure by the osteopath to comply with an order made or a direction given by the Board or the Tribunal under this Act,

(d1) a contravention by the osteopath of section 34A (4) (Power of Commission to obtain information, records and evidence) of the Health Care Complaints Act 1993,

(e) any other improper or unethical conduct by an osteopath in the course of the practice or purported practice of osteopathy.

25A References to "complaint"

In section 36 and Divisions 3, 4 and 5 of this Part and Divisions 1 and 2 of Part 6 (Appeals and review of disciplinary action), a reference to a complaint includes a reference to a matter arising out of the investigation of a complaint in accordance with this or any other Act.

Division 2 – Complaints

26 Grounds for complaints

(1) A complaint may be made under this Act concerning:

(a) the professional conduct of a registered osteopath, or

(b) the provision of an osteopathy service by a registered osteopath.

Subsection (1) ensures consistency between this Act and the Health Care Complaints Act 1993 with respect to the kinds of complaints that can be made about registered osteopaths.

(2) Without limiting the generality of subsection (1), a complaint may be made that a registered osteopath:

(a) has, either in or outside New South Wales, been convicted of or made the subject of a criminal finding for an offence, and the circumstances of the offence are such as to render the osteopath unfit in the public interest to be registered as an osteopath, or

(b) is guilty of unsatisfactory professional conduct or professional misconduct, or

(c) is not competent to practise osteopathy, or

(d) suffers from an impairment, or

(e) is not of good character.

(3) A complaint need not be made in terms that are strictly in accordance with the terminology of this section.

(4) In determining for the purposes of this Act whether an osteopath is of good character regard may be had to conduct of the osteopath before becoming registered as an osteopath.

27 Complaint can be made even if person no longer registered

A complaint about a registered osteopath may be made and dealt with even though the osteopath has ceased to be registered. For that purpose, a reference in this Part to an osteopath or registered osteopath includes a reference to a person who has ceased to be registered or whose registration is suspended.

28 Who can make a complaint

Any person (including the Board) can make a complaint.

29 Complaints to be made to the Board

Complaints are to be made to the Board and are to be lodged with the Registrar.

Complaints may also be made to the Commission.

30 Form of complaint

(1) A complaint must be in writing, must identify the complainant and must contain particulars of the allegations on which it is founded.

(2) (Repealed)

(3) The Board may consider and investigate a complaint even if it does not comply with the requirements of this section (except the requirement that it identify the complainant) but must not proceed to deal with the complaint under this Part until they are complied with.

(4) The Board may require the complainant to provide further particulars of a complaint.

31 Board to notify Commission of complaints

The Board must notify the Commission of any complaint made under this Part and this is to be done as soon as practicable after the complaint is made.

32 (Repealed)

33 Investigation of complaint by Board

The Board may make such inquiries concerning a complaint as it thinks fit.

34 Role of the Commission

(1) Before the Board deals with or refers a complaint under this Part, the Board and the Commission must consult in order to see if agreement can be reached between them as to the course of action to be taken concerning a complaint.

(2) Division 2 of Part 2 of the Health Care Complaints Act 1993 applies to the consultation and the outcomes of the consultation.

35 How complaints are dealt with

(1) When a complaint is made, the Board may at any time decide:

(a) to refer the complaint for investigation by the Commission, or

(b) to refer the complaint to the Commission for conciliation or to be dealt with under Division 9 of Part 2 of the Health Care Complaints Act 1993, or

(c) to refer the complaint to the Osteopathy Care Assessment Committee under Division 3, or

(d) to refer the matter to an Impaired Registrants Panel under Part 5, or

(e) to deal with the complaint by inquiry at a meeting of the Board under Division 4, or

(f) to refer the complaint to the Tribunal, or

(g) to deal with the complaint by directing the osteopath to attend counselling, or

(h) to deal with the complaint by providing advice or making recommendations to the osteopath, or

(i) to decline to deal with or dismiss the complaint.

(2) If the Commission recommends to the Board in accordance with the Health Care Complaints Act 1993 that a complaint (whether made under that Act or this Act) be dealt with by inquiry at a meeting of the Board under Division 4, the Board must comply with that recommendation (but only if the complaint is of a kind that can be made under this Act).

(3) The Board may decline to deal with a complaint if the osteopath concerned has ceased to be registered.

(4) The Board may decline to deal with a complaint if the complainant fails to provide further particulars required by the Board.

(5) A complaint may be withdrawn by the complainant at any time. The Board and the Commission are to consult as to whether the complaint should be proceeded with in the public interest.

(6) The Board is to notify the osteopath of any action taken by the Board under this section.

36 Serious complaints must be referred to Tribunal

(1) Both the Board and the Commission are under a duty to refer a complaint to the Tribunal if at any time either forms the opinion that it may, if substantiated, provide grounds for the suspension or cancellation of the osteopath's registration.

(2) However, either the Board or the Commission may decide not to refer the complaint to the Tribunal if of the opinion that the allegations on which the complaint is founded (and on which any other pending complaint against the osteopath is founded) relate solely or principally to the physical or mental capacity of the osteopath to practise osteopathy.

(3) If the Board decides not to refer the complaint to the Tribunal, the Board must instead deal with the complaint at a meeting of the Board under Division 4. If the Commission decides not to refer the complaint to the Tribunal, the Commission must instead refer the complaint to the Board.

(4) This section does not require the Board or the Commission to refer a complaint that the Board or Commission thinks is frivolous or vexatious.

37 Medical examination of osteopath

(1) The Board may, before or while taking any action under this Part or Part 5 (Impairment), by notice to the osteopath concerned, require the osteopath to undergo an examination at the Board's expense by a medical practitioner, or other appropriate health professional, specified in the notice, at any reasonable time and place specified in the notice.

(2) A failure by an osteopath, without reasonable cause, to comply with a notice given under this section to undergo an examination is, for the purposes of this Part or any inquiry or appeal under this Part, evidence that the osteopath does not have sufficient physical and mental capacity to practise osteopathy.

(3) A medical practitioner or other health professional who conducts an examination under this section is to report to the Board on the results of the examination. The Board is to provide a copy of the report to the osteopath.

(4) A person must not directly or indirectly make a record of or divulge to any person any information contained in a report to the Board under this section that has come to the person's notice in the exercise of the person's functions under this Act, except for the purpose of exercising functions under this Act. Maximum penalty: 50 penalty units.

(5) A person cannot be required in civil proceedings in any court to produce or permit access to any report made to the Board under this section or to divulge the contents of any such report.

(6) In this section:"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions but does not include the Tribunal."report" includes a copy, reproduction and duplicate of the report or any part of the report, copy, reproduction or duplicate.

38 Notification of orders to employer and others

(1) The Board is required to give notice of any order made in respect of a registered osteopath under this Act, or the placing of conditions on the registration of a registered osteopath, to the following persons:

(a) the employer (if any) of the osteopath concerned,

(b) the chief executive officer (however described) of any public health organisation (within the meaning of the Health Services Act 1997) in respect of which the osteopath concerned is a visiting practitioner or is otherwise accredited,

(c) the chief executive officer (however described) of any private hospital or day procedure centre (within the meaning of the Private Hospitals and Day Procedure Centres Act 1988) in respect of which the osteopath concerned is accredited,

(d) the chief executive officer (however described) of any nursing home (within the meaning of the Public Health Act 1991) in respect of which the osteopath concerned is accredited.

(2) The notice is to be given within 7 days after:

(a) in the case of an order made or conditions imposed by the Board--the date the order is made or the conditions are imposed, or

(b) in any other case--the date the Board is given a copy of the decision of the body that made the order or imposed the conditions.

(3) The notice is to include such information as the Board considers appropriate.

Division 3 – Referral of complaints to Osteopathy Care Assessment Committee

39 Kinds of complaints that can be referred to Committee

(1) The Board may refer a complaint to the Committee only if the Commission has decided not to investigate the complaint.

(2) A complaint may not be referred to the Committee if it is a complaint that the osteopath is not of good character or has been convicted of or made the subject of a criminal finding for an offence.

(3) This section does not operate to limit the Committee in the exercise of its functions under this Division in respect of any matter that arises in the course of the Committee's investigation of a complaint.

40 How complaints are dealt with

(1) When a complaint is referred to the Committee, the Committee is to investigate the complaint and may in any particular case encourage the complainant and the osteopath against whom the complaint is made to settle the complaint by consent.

(2) The Committee may obtain such osteopathy, medical, legal, financial or other advice as it thinks necessary or desirable to enable it to exercise its functions.

(3) The Committee may not determine a complaint referred to it except by settlement by consent.

(4) The Committee is to make a report to the Board on a complaint referred to it whether or not it is able to effect settlement of the complaint by consent.

41 Skills testing of osteopath

(1) The Committee may, by notice to the osteopath who is the subject of a complaint referred to the Committee, require the osteopath to undergo skills testing at the Board's expense by an appropriately qualified person specified in the notice, at any reasonable time and place specified in the notice.

(2) A failure by an osteopath, without reasonable cause, to comply with a notice given under this section to undergo skills testing is, for the purposes of this Part or any inquiry or appeal under this Part, evidence that the osteopath does not have sufficient skill to practise osteopathy.

(3) The person who conducts skills testing under this section is to report to the Committee on the results of the examination. The Committee is to provide a copy of the report to the osteopath.

(4) A person must not directly or indirectly make a record of or divulge to any person any information contained in a report to the Committee under this section that has come to the person's notice in the exercise of the person's functions under this Act, except for the purpose of exercising functions under this Act. Maximum penalty: 50 penalty units.

(5) A person cannot be required in civil proceedings in any court to produce or permit access to any report made to the Committee under this section or to divulge the contents of any such report.

(6) In this section:"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions but does not include the Tribunal."report" includes a copy, reproduction and duplicate of the report or any part of the report, copy, reproduction or duplicate.

42 Recommendations of the Committee

(1) The Committee's report to the Board may include such recommendations with respect to the complaint as the Committee considers appropriate, including (without being limited to) any of the following recommendations:

(a) a recommendation that the Board deal with the complaint by inquiry at a meeting of the Board as a complaint of unsatisfactory professional conduct,

(b) a recommendation that the Board direct the osteopath to attend counselling,

(c) a recommendation that the Board dismiss the complaint.

(2) The Board is to provide the osteopath and the Commission with a copy of the Committee's report and recommendations as soon as practicable after the report is made.

(3) The Board must comply with a recommendation of the Committee that the Board deal with the complaint by inquiry at a meeting of the Board as a complaint of unsatisfactory professional conduct.

(4) Otherwise the Board is to allow the Commission and the osteopath at least 21 days after they have been provided with a copy of the Committee's report and recommendations to make submissions in respect of the report and recommendations.

(5) After considering the Committee's report and recommendations and any submissions made by the osteopath or the Commission in respect of the report or recommendations, the Board is to proceed to deal with the complaint as provided by section 35.

(6) This section is subject to section 36 (Serious complaints must be referred to Tribunal).

43 No legal representation for parties appearing before the Committee

A complainant and the osteopath against whom the complaint is made are not entitled to be legally represented at any appearance before the Committee.

Division 4 – Dealing with complaint by inquiry at a meeting of the Board

44 Procedures for dealing with complaint at meeting

(1) If the Board decides to deal with a complaint by inquiry at a meeting of the Board, the meeting is to be held in accordance with Schedule 3 and this Division.

(2) The Board may be assisted by an Australian lawyer when dealing with a complaint at a meeting of the Board.

(3) The Board is to provide the Commission with a copy of any submission made to the Board by the osteopath in respect of the complaint or in respect of any recommendation of the Committee concerning the complaint.

45 General procedure

The procedure for the calling of a meeting to deal with a complaint and for the conduct of the meeting is, subject to this Act and the regulations, to be as determined by the Board.

46 Conduct of meeting

At a meeting to deal with a complaint, the Board:

(a) may inform itself on any matter in such manner as it thinks fit, and

(b) may receive written or oral submissions, and

(c) is to proceed with as little formality and technicality, and as much expedition, as the requirements of this Act and the proper consideration of the complaint permit, and

(d) is not bound by rules of evidence, and

(e) may proceed to deal with the complaint in the absence of the osteopath.

47 Making submissions to inquiry

(1) The osteopath is entitled to attend the meeting during the course of the Board's inquiry and to make submissions to the Board.

(2) The Committee may, if the Board so requires, make a submission to the Board with respect to the complaint and may for that purpose attend the meeting during the course of the Board's inquiry.

(3) The Board is to afford the Commission the opportunity to make a submission to the Board with respect to the complaint and the Commission may for that purpose attend the meeting during the course of the Board's inquiry.

(4) The Committee or the Commission may not be present at the meeting except while actually making a submission in accordance with this section, unless the Board otherwise determines.

(5) Despite subsection (4), the Commission is to be present throughout the Board's inquiry where the complaint is the subject of a recommendation of the Commission under section 35 (2) that it be dealt with by inquiry at a meeting of the Board under this Division.

(6) The osteopath is not entitled to be legally represented at the inquiry but may be accompanied by a support person. The support person can be an Australian lawyer.

(7) The Commission is not entitled to be legally represented at the inquiry.

48 Decision of the Board

(1) The Board must, within 30 days of making its decision on a complaint, make available to the complainant, the osteopath concerned and such other persons as it thinks fit, a written statement of the decision.

(2) If the Commission made a submission to the Board with respect to the complaint, the Board is to provide the Commission with a copy of the written statement of the decision.

(3) The written statement of a decision must give the reasons for the decision.

(4) The Board is not required to include confidential information in any such statement. If a statement would be false or misleading if it did not include the confidential information, the Board is not required to provide the statement.

(5) When confidential information is not included in the statement of a decision provided to a person or the statement is not provided to a person because of subsection (4), the Board must give a confidential information notice to the person.

(6) A "confidential information notice" is a notice that indicates that confidential information is not included or that the statement will not be provided (as appropriate) and gives the reasons for this. The notice must be in writing and must be given within one month after the decision is made.

(7) This section does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.

(8) In this section:"confidential information" means information that:

(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and

(b) relates to the personal or business affairs of a person, other than a person to whom the Board is required (or would, but for subsection (4), be required) to provide a written statement of a decision, and

(c) is information:

(i) that was supplied in confidence, or

(ii) the publication of which would reveal a trade secret, or

(iii) that was provided in compliance with a duty imposed by an enactment, or

(iv) the provision of which by the Board would be in breach of any enactment.

49 Admissibility of Board's findings

A finding of the Board under this Division is admissible as evidence in any legal proceedings.

Division 5 – Disciplinary powers of Board and Tribunal

50 Powers may be exercised if complaint proved or admitted

The Board or the Tribu al may exercise any power or combination of powers conferred on it by this Division if the Board (pursuant to an inquiry at a meeting of the Board under Division 4) or the Tribunal finds the subject-matter of a complaint of a kind referred to in section 26 (2) to have been proved or the person admits to it in writing to the Board or the Tribunal.

51 General powers of the Board

(1) The Board may do any one or more of the following:

(a) caution or reprimand the person,

(b) make an order for the withholding or refunding of part or all of the payment for the osteopathy services that are the subject of the complaint,

(c) order that the person seek and undergo medical or psychiatric treatment or counselling,

(d) direct that such conditions relating to the person's practice of osteopathy as it considers appropriate be imposed on the person's registration,

(e) order that the person complete a specified educational course or courses,

(f) order that the person report on his or her osteopathy practice at specified times, in a specified manner and to specified persons,

(g) order that the person seek and take advice, in relation to the management of his or her osteopathy practice, from a specified person or persons.

(2) If the person is not registered, an order or direction can still be given under this section but has effect only so as to prevent the person being registered unless the order is complied with or to require the conditions concerned to be imposed when the person is registered, as appropriate.

52 Power of the Board to recommend suspension or cancellation of registration

(1) The Board may recommend that the registration of an osteopath be suspended for a specified period or cancelled if the Board is satisfied (when it finds on a complaint about the osteopath) that the osteopath does not have sufficient physical and mental capacity to practise osteopathy.

(2) If the osteopath is not registered, a recommendation can be made under this section that the osteopath not be re-registered.

(3) The Board makes its recommendation by referring the matter with its recommendation to the Chairperson or to a Deputy Chairperson nominated by the Chairperson.

(4) The Chairperson or Deputy Chairperson may then make an order in the terms recommended or may make such other order as to the suspension or registration of the osteopath as the Chairperson or Deputy Chairperson thinks proper based on the findings of the Board.

(5) An order may also provide that an application for review of the order under Division 3 of Part 6 may not be made until after a specified time.

(6) Instead of making an order under this section, the Chairperson or Deputy Chairperson may exercise any power or combination of powers of the Board under this Division.

53 Powers of the Tribunal

(1) The Tribunal may exercise any power that the Board can exercise under this Division.

(2) The Tribunal may by order suspend a person's registration for a specified period or direct that a person's registration be cancelled if the Tribunal is satisfied (when it finds on a complaint about the person):

(a) that the person is not competent to practise osteopathy, or

(b) that the person is guilty of professional misconduct, or

(c) that the person has been convicted of or made the subject of a criminal finding for an offence, either in or outside New South Wales, and the circumstances of the offence are such as to render the person unfit in the public interest to practise osteopathy, or

(d) that the person is not of good character.

(3) An order that a person's registration be cancelled is an order that the person's name be removed from the Register or (if the person has already ceased to be registered) that the person not be re-registered.

(3A) If the Tribunal makes an order under subsection (2) in respect of a person and it is satisfied that the person poses a substantial risk to the health of members of the public, it may by order (a "prohibition order") do any one or more of the following:

(a) prohibit the person from providing health services or specified health services for the period specified in the order or permanently,

(b) place such conditions as the Tribunal thinks appropriate on the provision of health services or specified health services by the person for the period specified in the order or permanently.

Section 10AK (1) of the Public Health Act 1991 provides that it is an offence for a person to provide a health service in contravention of a prohibition order.

(3B) If the Tribunal is aware that a person in respect of whom it is proposing to make a prohibition order is registered under a health registration Act other than this Act, the Tribunal is, before making the prohibition order, to notify the board constituted under that other Act of the proposed order and give that board an opportunity to make a submission.

(4) An order may also provide that an application for review of the order under Division 3 of Part 6 may not be made until after a specified time.

Division 6 – Powers of the Board for the protection of the public

54 Suspension or conditions to protect the public

(1) The Board must, if at any time it is satisfied that such action is necessary for the purpose of protecting the life or physical or mental health of any person:

(a) by order suspend a registered osteopath from practising osteopathy for such period (not exceeding 8 weeks) as is specified in the order, or

(b) impose on a registered osteopath's registration such conditions, relating to the osteopath's practising osteopathy, as it considers appropriate.

(2) The Board may take such action:

(a) whether or not a complaint has been made or referred to the Board about the osteopath, and

(b) whether or not proceedings in respect of such a complaint are before the Tribunal.

55 Power to remove or alter conditions

The Board may at any time alter or remove conditions imposed under this Division.

56 Referral of matter to Commission

(1) The Board must, as soon as practicable after taking any action under section 54 and, in any event, within 7 days after taking that action, refer the matter to the Commission for investigation.

(2) The matter is to be dealt with by the Commission as a complaint made to the Commission against the osteopath concerned.

(3) The Commission is to investigate the complaint or cause it to be investigated and, as soon as practicable after it has completed its investigation, refer the complaint to the Tribunal or to the Board to be dealt with by inquiry at a meeting of the Board under Division 4.

(4) Section 36 (Serious complaints must be referred to Tribunal) applies in respect of any such action by the Commission.

(5) This section does not apply if the Board takes action against a registered osteopath under section 54 because the Board is of the opinion that the osteopath suffers from an impairment.

57 Special provisions--impairment

(1) This section applies if the Board takes action against a registered osteopath under section 54 because the Board is of the opinion that the osteopath suffers from an impairment.

(2) The Board must, as soon as practicable after taking that action and, in any event, within 7 days after taking that action, notify the Commission that it has taken that action.

(3) The Board is to consult with the Commission to see if agreement can be reached as to whether the matter should be:

(a) dealt with as a complaint against the osteopath, or

(b) referred to an Impaired Registrants Panel.

(4) The matter is to be dealt with as a complaint against the osteopath only if, following that consultation:

(a) the Board and the Commission agree that it should be dealt with as a complaint, or

(b) either the Board or the Commission is of the opinion that the matter should be dealt with as a complaint.

(5) In such a case, the Board is to refer the matter to the Commission and the matter is to be dealt with by the Commission as a complaint made to the Commission against the osteopath concerned.

(6) The Commission is to investigate the complaint or cause it to be investigated and, as soon as practicable after it has completed its investigation, refer the complaint to the Tribunal or to the Board to be dealt with by inquiry at a meeting of the Board under Division 4.

(7) Section 36 (Serious complaints must be referred to Tribunal) applies in respect of any such action by the Commission.

(8) If subsection (4) does not apply, the Board is to refer the matter to an Impaired Registrants Panel.

(9) A matter may be referred to an Impaired Registrants Panel under this section even though the osteopath has been suspended under section 54. Part 5 applies in respect of such a referral as if the osteopath were a registered osteopath.

58 Tribunal to be notified of suspensions

If the Board suspends a registered osteopath from practising osteopathy under section 54, the Board must notify the Chairperson that it has taken that action as soon as practicable after making the order and, in any event, within 7 days.

59 Extension of suspension

A period of suspension imposed by the Board under this Division may be extended, from time to time, by the Board by order for a further period or further periods, each of not more than 8 weeks, but only if:

(a) the extension has been approved in writing by the Chairperson or a Deputy Chairperson, and

(b) the complaint about the osteopath has not been disposed of.

60 Expiration of suspension

On the expiration of a period of suspension imposed under this Division, the person's rights and privileges as a registered osteopath are revived, subject to any order of the Tribunal on the complaint that is referred to the Tribunal.

61 Duration of conditions--complaint matters

(1) This section applies if the Board imposes conditions on the registration of a registered osteopath under section 54 and the matter is dealt with as a complaint against the osteopath.

(2) The conditions imposed by the Board have effect until the complaint about the osteopath is disposed of, or the conditions are removed by the Board, whichever happens first.

(3) This section:

(a) does not prevent conditions being imposed under another provision of this Act, and

(b) is subject to anything done by the Tribunal on an appeal under section 76.

62 Duration of conditions--impairment matters

(1) This section applies if the Board imposes conditions on the registration of a registered osteopath under section 54 and the matter is referred to an Impaired Registrants Panel.

(2) The conditions imposed by the Board have effect until:

(a) the complaint about the osteopath is disposed of if the matter is subsequently dealt with by the Board as a complaint, or

(b) the conditions are removed by the Board,

whichever happens first.

(3) The Board is not required to alter or remove conditions imposed under this Division merely because an osteopath agrees to the imposition of conditions on the osteopath's registration pursuant to the recommendations of an Impaired Registrants Panel (as referred to in section 71).

(4) A registered osteopath who agrees to the imposition of conditions on the osteopath's registration pursuant to the recommendations of an Impaired Registrants Panel may, by notice in writing to the Board, request that the conditions imposed under this Division be removed or altered.

(5) On receipt of such a request, the Board is to review the matter, and may:

(a) refuse to remove or alter any of the conditions, or

(b) remove or alter the conditions.

(6) The Board is to give the osteopath concerned notice in writing of its decision in respect of the request.

(7) The Board may specify in the notice a period in which a further request by the osteopath under this section is not permitted. The Board may reject a request that the conditions be removed or altered if it is made during that period.

(8) This section:

(a) does not prevent conditions being imposed under another provision of this Act, and

(b) is subject to anything done by the Tribunal on an appeal under section 76.

Part 5 – Impairment

63 Referral of impairment matters concerning osteopaths

(1) The Board may refer any matter to an Impaired Registrants Panel if the Board considers that the matter indicates that a registered osteopath suffers from an impairment. This is not limited to matters that are the subject of a complaint to the Board.

(2) If the Board is aware that a complaint has been made to the Commission about an osteopath who is the subject of a referral to an Impaired Registrants Panel, the Board is to notify the Commission of the referral.

64 Persons may notify Board of impairment matters concerning osteopaths

A person may notify the Board of any matter that the person thinks indicates that a registered osteopath suffers or may suffer from an impairment.

65 Commission may refer impairment matters to Board

(1) If the Commission becomes aware of any matter that the Commission considers indicates that a registered osteopath suffers or may suffer from an impairment, the Commission may refer the matter to the Board.

(2) This section does not affect the functions of the Board in relation to a complaint made to the Commission or a matter referred to the Commission for investigation.

66 Panel to inquire into matters referred to it

(1) An Impaired Registrants Panel is to inquire into any matter referred to it and may obtain reports and other information concerning the matter from any source it considers appropriate.

(2) The Panel may request a registered osteopath who is the subject of a matter referred to the Panel by the Board, to attend before the Panel for the purpose of enabling the Panel to obtain information on the matter and make an assessment.

67 Panel not to take action while Commission investigating

An Impaired Registrants Panel is not to investigate or take any other action in relation to any matter if the Panel is aware that the matter is the subject of an investigation by the Commission, while the investigation is being conducted.

68 Board to give notice of proposed inquiry

The Board is to give notice to a registered osteopath of any proposed inquiry by an Impaired Registrants Panel concerning the osteopath. The notice is to include sufficient details of the matters to which the inquiry is to relate.

69 Osteopath entitled to make representations

(1) A registered osteopath who is the subject of any inquiry by an Impaired Registrants Panel is entitled to make oral or written representations to the Panel with respect to the matters being or to be the subject of the inquiry.

(2) This section does not prevent the Panel from conducting an inquiry in the absence of the registered osteopath to whom it relates, as long as the osteopath has been given notice of the inquiry under section 68.

70 Assessment, report and recommendations by Panel

(1) An Impaired Registrants Panel is to make an assessment in respect of each referral to it, based on the results of its inquiry into the matter.

(2) On the basis of its assessment, the Panel may do any one or more of the following things:

(a) counsel the osteopath concerned or recommend that he or she undertake specified counselling,

(b) recommend that the osteopath concerned agree to conditions being imposed on his or her registration or to being suspended from practising osteopathy for a specified period,

(c) make recommendations to the Board as to any action that the Panel considers should be taken in relation to the matter.

(3) The Panel is to report in writing to the Board on each referral to the Panel. The report is to detail the results of the Panel's inquiries and assessment in respect of the referral and any action taken by the Panel under this Part in relation to it.

71 Voluntary suspension or conditions on registration

The Board may place conditions on a registered osteopath's registration or suspend the osteopath from practising osteopathy if:

(a) an Impaired Registrants Panel has recommended that the Board do so, and

(b) the Board is satisfied that the osteopath has voluntarily agreed to the recommendation.

72 Review of conditions

(1) A registered osteopath who agrees to conditions being imposed on his or her registration or to being suspended from practising osteopathy may, by notice in writing to the Board, request:

(a) that those conditions be removed or altered, or

(b) that the suspension be terminated or shortened.

(2) On receipt of such a request, the Board is to require an Impaired Registrants Panel to review the matter and report in writing to the Board on the results of its review.

(3) If the Panel recommends that the Board refuse to remove or alter any of the conditions, or refuse to terminate or shorten the suspension, the Board may do so.

(4) The Board is to give the osteopath concerned notice in writing of its decision in respect of the request.

(5) The Board may specify in the notice a period in which a further request by the osteopath under this section is not permitted. The Board may reject a request that the conditions be removed or altered, or that the suspension be terminated or shortened, if it is made during that period.

73 Some matters to be dealt with as complaints

(1) If an Impaired Registrants Panel recommends that a registered osteopath agree to conditions being imposed on his or her registration or to being suspended from practising osteopathy and the osteopath fails to agree in accordance with the recommendation, the Board is to deal with the matter that was the subject of the referral to the Panel as a complaint against the osteopath.

(2) If the Panel recommends that a matter referred to it be dealt with as a complaint, the Board is to deal with the matter as a complaint against the osteopath concerned.

(3) In any other case that the Board thinks it appropriate to do so, the Board may treat a matter that has been referred to a Panel as grounds for a complaint under this Act and may deal with the matter accordingly.

74 Confidentiality of Panel's report

(1) A report by an Impaired Registrants Panel to the Board may not be admitted or used in any civil proceedings before a court.

(2) A person may not be compelled to produce the report or to give evidence in relation to the report or its contents in any such civil proceedings.

(3) A person must not directly or indirectly make a record of or disclose to any person any information contained in a report by an Impaired Registrants Panel to the Board that has come to the person's notice in the exercise of the person's functions under this Act, except for the purposes of exercising functions under this Act. Maximum penalty: 50 penalty units.

(4) This section does not prevent the disclosure of such a report to the Commission.

(5) In this section:"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions, but does not include the Tribunal or the Board, or the Supreme Court (in respect of appeal proceedings under this Act)."report" includes a copy, reproduction and duplicate of the report or any part of the report, copy, reproduction or duplicate.

Part 6 – Appeals and review of disciplinary action

Division 1 – Appeals against actions of the Board

75 Appeals against actions of the Board on a complaint

(1) When a complaint has been dealt with at a meeting of the Board under Division 4 of Part 4, the osteopath or the Commission may appeal to the Tribunal against:

(a) a finding of the Board, or

(b) the exercise of any power by the Board under Division 5 (Disciplinary powers of Board and Tribunal) of Part 4.

(2) An appeal must be made within 28 days (or such longer period as the Chairperson may allow in a particular case) after:

(a) the Board's written statement of the decision by which the Board's finding is made is made available to the appellant, or

(b) the exercise of the power against which the appeal is made.

(3) The appeal must be lodged with the Registrar who is to refer it to the Tribunal.

(4) The appeal is to be dealt with by way of rehearing and fresh evidence, or evidence in addition to or in substitution for the evidence received at the meeting of the Board, may be given.

(5) The Tribunal may:

(a) dismiss the appeal, or

(b) make any finding or exercise any power or combination of powers that the Tribunal could have made or exercised if the complaint had been originally referred to the Tribunal.

(6) An appeal under this section does not affect any finding or exercise of power with respect to which it has been made until the Tribunal makes an order on the appeal.

76 Appeal against suspension or imposition of conditions by Board--impairment matters

(1) A person may appeal to the Tribunal:

(a) against a suspension or extension of a suspension by the Board under Division 6 (Powers of the Board for the protection of the public) of Part 4, or

(b) against conditions imposed by the Board on the person's registration under Division 6 of Part 4 or Part 5 or any alteration of those conditions by the Board, or

(c) against a refusal by the Board to alter or remove conditions imposed by the Board under Division 6 of Part 4 in accordance with a request made by the person under section 62, or

(d) against a refusal by the Board to remove or alter conditions imposed on the person's registration, or to shorten or terminate a suspension, imposed under Part 5 in accordance with a request made by the person under section 72.

(2) An appeal may not be made in respect of a request by a person that is rejected by the Board because it was made during a period in which the request was not permitted under section 62 or 72.

(3) An appeal must be made within 28 days (or such longer period as the Chairperson may allow in a particular case) after notice of the action taken by the Board, or the Board's refusal, is given to the person.

(4) An appeal is to be lodged with the Registrar who is to refer it to the Tribunal.

(5) On an appeal, the Tribunal may, by order, do any of the following:

(a) dismiss the appeal,

(b) remove or alter the conditions to which the osteopath's registration is subject (including by imposing new conditions on the osteopath's registration),

(c) terminate or shorten the period of the suspension concerned.

(6) The Tribunal's order must not cause a suspension or conditions imposed by the Board to have effect beyond the day on which any related complaint about the person is disposed of.

(7) An appeal under this section does not affect any suspension or conditions with respect to which it has been made until the Tribunal makes an order on the appeal.

77 Appeal on point of law

(1) When a complaint is dealt with at a meeting of the Board under Division 4 of Part 4, the osteopath or the Commission may appeal with respect to a point of law to the Chairperson or a Deputy Chairperson nominated by the Chairperson.

(2) An appeal may be made in accordance with the regulations during the meeting of the Board to deal with the complaint or within the period after the date of giving of notice of the meeting and before the commencement of the meeting.

(3) If the meeting of the Board to deal with the complaint has not been completed when an appeal is made, the Board must not continue to deal with the complaint until the appeal has been disposed of.

(4) The Board must not make any decision that is inconsistent with the Chairperson's or Deputy Chairperson's determination with respect to the point of law.

Division 2 – Appeals against actions of Tribunal

78 Preliminary appeal on point of law

(1) An appeal with respect to a point of law may be made to the Supreme Court by the osteopath or the complainant during an inquiry on a complaint conducted by the Tribunal or after the complaint is referred to the Tribunal and before the commencement of the inquiry, but can only be made with the leave of the Chairperson or a Deputy Chairperson.

(2) If an inquiry conducted by the Tribunal has not been completed when an appeal with respect to a point of law is made, the inquiry before the Tribunal is not to continue until the appeal has been disposed of.

(3) The Tribunal must not make any decision that is inconsistent with the Supreme Court's determination with respect to the point of law when it recommences the inquiry.

79 Appeal against Tribunal's decisions and actions

(1) An osteopath about whom a complaint is referred to the Tribunal, or the complainant, may appeal to the Supreme Court against:

(a) a decision of the Tribunal with respect to a point of law, or

(b) the exercise of any power by the Tribunal under Division 5 (Disciplinary powers of Board and Tribunal) of Part 4.

(2) The appeal must be made within 28 days (or such longer period as the Court may allow in a particular case) after the Tribunal's written statement of the decision by which the Tribunal's finding is made is made available to the appellant.

(3) The Supreme Court may stay any order made by the Tribunal, on such terms as the Court sees fit, until such time as the Court determines the appeal.

80 Powers of Court on appeal

(1) In determining the appeal, the Supreme Court may:

(a) dismiss the appeal, or

(b) make such order as it thinks proper having regard to the merits of the case and the public welfare, and in doing so may exercise any one or more of the powers of the Tribunal under this Act.

(2) If the Court dismisses an appeal against an order of the Tribunal, the Court may by order direct that the Tribunal's order is to be taken to include provision that an application for its review under Division 3 may not be made until after a specified time.

Division 3 – Review of suspension, cancellation or conditions

81 Right of review

(1) A person may apply to the appropriate review body for a review of a prohibition order in respect of the person or of an order of the Board, the Chairperson or a Deputy Chairperson, the Tribunal or the Supreme Court:

(a) that the registration of the person is suspended, or

(b) that the person's name be removed from the Register or that the person not be re-registered, or

(c) that conditions be imposed on the person's registration.

(2) A person may also apply to the appropriate review body for a review of an order made under this Division.

(3) An application for review of an order may not be made:

(a) while the terms of the order provide that an application for review may not be made, or

(b) while an appeal under this Part to the Tribunal or the Supreme Court in respect of the same matter is pending.

82 Appropriate review body

(1) The "appropriate review body" is the Tribunal except in a case where the order being reviewed provides that it may be reviewed by the Board, in which case the Board is the appropriate review body.

(2) An application for review must be lodged with the Registrar who is to refer it to the appropriate review body.

83 Powers on review

(1) The appropriate review body is to conduct an inquiry into an application for review and may then do any of the following:

(a) dismiss the application,

(b) by its order terminate or shorten the period of the suspension concerned,

(c) make a reinstatement order,

(d) make an order altering the conditions to which the person's registration is subject (including by imposing new conditions),

(e) by its order terminate or shorten the period of a prohibition order or alter the conditions to which the person is subject under a prohibition order (including by imposing new conditions).

(2) A