South Australia
Occupational Therapy Practice (General) Regulations 2006
under the Occupational Therapy Practice Act 2005

Contents
1	Short title
2	Commencement
3	Interpretation
4	Exempt provider
5	Representative bodies
6	Annual report
7	Obligation to report medical unfitness or unprofessional conduct of occupational therapist or occupational therapy student
8	Meaning of health product
9	Meaning of health service
10	Registered person etc must declare interest in prescribed business
11	Information relating to claim against registered person to be provided
12	Fees
Schedule 1—Revocation and transitional provision
Part 1—Revocation of Occupational Therapists Regulations 2003
1	Revocation of regulations
Part 2—Transitional provision
2	Transitional matter
Legislative history

1—Short title
These regulations may be cited as the Occupational Therapy Practice (General) Regulations 2006.
2—Commencement
These regulations will come into operation on the day on which section 5 of the Occupational Therapy Practice Act 2005 comes into operation.
3—Interpretation
In these regulations—
Act means the Occupational Therapy Practice Act 2005.
4—Exempt provider
For the purposes of the definition of exempt provider in section 3(1) of the Act, the University of South Australia is an exempt provider.
5—Representative bodies
For the purposes of the definition of representative body in section 3(1) of the Act, each of the following is a representative body:
	(a)	Australian Association of Occupational Therapists—South Australia Incorporated;
	(b)	Council of Occupational Therapists Registration Boards (Australia and New Zealand) Incorporated;
	(c)	Health Consumers Alliance of South Australia Incorporated.
6—Annual report
	(1)	For the purposes of section 24(2)(a)(iv) of the Act, the following information is to be included in the Board's annual report in relation to the relevant financial year:
	(a)	the number of persons registered in each category of registration;
	(b)	the number of persons in each category of registration registered with limited registration;
	(c)	the number of occupational therapy services providers who have given notice to the Board under section 32(1) of the Act;
	(d)	the number of complaints received by the Board against registered persons, occupational therapy services providers or persons who occupy positions of authority in corporate or trustee occupational therapy services providers from persons of Aboriginal or Torres Strait Islander descent;
	(e)	the number of persons included on the register of persons who have been prohibited by order of the Board from carrying on business as a occupational therapy services provider or occupying a position of authority in a corporate or trustee occupational therapy services provider;
	(f)	the number of disciplinary proceedings commenced before the Board and the outcomes of those proceedings;
	(g)	a statement of whether codes of conduct or professional standards for registered persons, codes of conduct for occupational therapy services providers or guidelines on continuing occupational therapy education for occupational therapists have been prepared or endorsed by the Board and, if so, a summary of the codes, standards or guidelines;
	(h)	a description of any committees established by the Board and the purposes for which they were established;
	(i)	the number of persons in each category of registration in respect of whom reports have been received by the Board under section 40(1) of the Act;
	(j)	the number of persons in each category of registration in respect of whom reports have been received by the Board under section 40(2) of the Act;
	(k)	the number and nature of orders made by the Board under section 41 of the Act;
	(l)	the number of persons in each category of registration who have submitted information to the Board under section 53(1) of the Act;
	(m)	the number of persons in each category of registration in respect of whom notices have been received by the Board under section 59 of the Act;
	(n)	the number of claims in respect of which information has been provided to the Board under section 62(1) of the Act;
	(o)	the number of claims in respect of which information has been provided to the Board under section 62(2) of the Act;
	(p)	the number of persons found guilty of an offence against the Act, the nature of the offences and the penalties imposed.
	(2)	Information presented in relation to the relevant financial year should be presented in a manner enabling it to be compared with statistical data from previous years.
7—Obligation to report medical unfitness or unprofessional conduct of occupational therapist or occupational therapy student
	(1)	For the purposes of section 40(1) of the Act, the following information is required to be included in a report to the Board:
	(a)	the diagnosis of the condition of the occupational therapist or occupational therapy student and its likely duration and prognosis;
	(b)	if the person making the report is of the opinion that the occupational therapist or occupational therapy student is or may be medically unfit to provide occupational therapy only in a particular branch of occupational therapy—a statement specifying the particular branch of occupational therapy and the reasons for the opinion.
	(2)	For the purposes of section 40(2) of the Act, the following information is required to be included in a report to the Board:
	(a)	the date, time and place at which it is alleged the occupational therapist or occupational therapy student engaged in unprofessional conduct;
	(b)	the nature of the alleged unprofessional conduct.
8—Meaning of health product
For the purposes of the definition of health product in section 51 of the Act, therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth are declared to be health products for the purposes of Part 6 of the Act.
9—Meaning of health service
For the purposes of the definition of health service in section 51 of the Act, each of the following services is declared to be a health service for the purposes of Part 6 of the Act:
	(a)	acupressure;
	(b)	acupuncture;
	(c)	homeopathy;
	(d)	massage therapy;
	(e)	naturopathy;
	(f)	nutritional therapy;
	(g)	traditional Chinese medicine;
	(h)	western herbal medicine.
10—Registered person etc must declare interest in prescribed business
	(1)	For the purposes of section 53(1) of the Act, the information that must be given to the Board by a person who has an interest in a prescribed business is—
	(a)	the full name and residential and postal address of the person who has the interest; and
	(b)	if the person who has the interest is a prescribed relative of a registered person—the relationship of the person to the registered person; and
	(c)	the name, address and nature of the prescribed business in which the person has the interest; and
	(d)	the nature of the interest and of any benefit derived from the interest; and
	(e)	if the interest consists of a shareholding in a prescribed business—the number, nominal value and class of shares held and particulars of any voting rights exercisable by the holder at a meeting of shareholders.
	(2)	For the purposes of section 53(2) of the Act, details of the change in the information referred to in subregulation (1) must be given to the Board by the person.
11—Information relating to claim against registered person to be provided
	(1)	For the purposes of section 62(1)(a) and (2)(a) of the Act, the information relating to a claim referred to in that section to be provided to the Board within 30 days after the claim is made is—
	(a)	the nature of the act that is alleged to have been carried out negligently; and
	(b)	full details of the alleged negligence; and
	(c)	the address of the premises at which the negligence is alleged to have occurred; and
	(d)	the time at which and the date on which the negligence is alleged to have occurred; and
	(e)	full details of the injury suffered or allegedly suffered by the claimant as a result of the alleged negligence; and
	(f)	the date of the claim.
	(2)	For the purposes of section 62(1)(b) and (2)(b) of the Act, the information relating to the claim referred to in that section to be provided to the Board within 30 days after any order is made by a court to pay damages or other compensation in respect of that claim or any agreement has been entered into for payment of a sum of money in settlement of that claim (whether with or without a denial of liability) is—
	(a)	information adequate to identify the claim; and
	(b)	details of any change in information previously provided to the Board relating to the claim; and
	(c)	details of the order or agreement (including the amount ordered or agreed to be paid).
12—Fees
	(1)	The Board may fix—
	(a)	fees or charges for the purposes of the Act;
	(b)	fees or charges for services provided by the Board in the exercise of its functions under the Act.
	(2)	However, no fee may be charged for registration on the occupational therapy student register.
	(3)	The Board may recover a fee or charge fixed under this regulation by action in a court of competent jurisdiction as a debt due to the Board from the person liable for payment of the fee or charge.

Schedule 1—Revocation and transitional provision
Part 1—Revocation of Occupational Therapists Regulations 2003
1—Revocation of regulations
The Occupational Therapists Regulations 2003 are revoked.
Part 2—Transitional provision
2—Transitional matter
A person who was a member of the Board immediately before the commencement of Schedule 1 clause 2(2) of the Act may continue to act as a member of the Board for the purpose of continuing and completing proceedings under the repealed Act.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations
Year	No	Reference	Commencement	
2006	220	Gazette 31.8.2006 p3115	31.8.2006: r 2