Title: Physiotherapists Regulations 1991
Subject: PhysiotherapistsAct 1991
Author: Office of Parliamentary Counsel
Category: historical
Document comments: 3.6.2004 to 7.12.2005

Historical version: 3.6.2004 to 7.12.2005

Physiotherapists Regulations 1991—3.6.2004 to 7.12.2005

3.6.2004 to 7.12.2005—Physiotherapists Regulations 1991

Physiotherapists Regulations 1991—3.6.2004 to 7.12.2005
Part 1—Preliminary

3.6.2004 to 7.12.2005—Physiotherapists Regulations 1991
Preliminary—Part 1

Physiotherapists Regulations 1991—3.6.2004 to 7.12.2005
Part 2—Election of members to Board

3.6.2004 to 7.12.2005—Physiotherapists Regulations 1991
Election of members to Board—Part 2

Physiotherapists Regulations 1991—3.6.2004 to 7.12.2005
Part 3—Registration and practice

3.6.2004 to 7.12.2005—Physiotherapists Regulations 1991
Registration and practice—Part 3

Physiotherapists Regulations 1991—3.6.2004 to 7.12.2005
Schedule 1—Qualifications

3.6.2004 to 7.12.2005—Physiotherapists Regulations 1991
Qualifications—Schedule 1

Physiotherapists Regulations 1991—3.6.2004 to 7.12.2005
Schedule 3—Forms

3.6.2004 to 7.12.2005—Physiotherapists Regulations 1991
Forms—Schedule 3

Physiotherapists Regulations 1991—3.6.2004 to 7.12.2005
Legislative history

3.6.2004 to 7.12.2005—Physiotherapists Regulations 1991
Legislative history

Physiotherapists Regulations 1991—3.6.2004 to 7.12.2005
Appendix—Divisional penalties and expiation fees

3.6.2004 to 7.12.2005—Physiotherapists Regulations 1991
Divisional penalties and expiation fees—Appendix

South Australia
Physiotherapists Regulations 1991
under the Physiotherapists Act 1991

Contents
Part 1—Preliminary
1	Short title
2	Interpretation
Part 2—Election of members to Board
3	Election of physiotherapists to Board
4	Publication of notice of election
5	Eligibility to vote
6	Nominations
7	Method of election—with or without ballot
8	Voting papers
9	Electoral material
10	Voting
11	Duplication and late return of voting papers
12	Scrutineers
13	Counting of votes
14	Declaration of election
Part 3—Registration and practice
15	Qualifications for registration
16	Application for registration or renewal
17	Exemption from obligation to be registered—recognised training courses
18	Exemption from obligation to be registered—death or bankruptcy etc
19	Application for approval if physiotherapist has not practised for five years
20	Information relating to damages claim against physiotherapist
21	Information relating to physiotherapist suffering from illness
22	Changes of address
23	Approval of names
24	Standard of facilities and equipment
25	Fees
Schedule 1—Qualifications
Schedule 3—Forms
Legislative history
Appendix—Divisional penalties and expiation fees

Part 1—Preliminary
1—Short title
These regulations may be cited as the Physiotherapists Regulations 1991^1.
Note—
1	These regulations will come into operation on the day that the Physiotherapists Act 1991 comes into operation.
2—Interpretation
In these regulations, unless the contrary intention appears—
the Act means the Physiotherapists Act 1991;
physiotherapist means a physiotherapist registered under the Act.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.

Part 2—Election of members to Board
3—Election of physiotherapists to Board
For the purposes of section 6(1)(e) of the Act, an election of registered physiotherapists to the Board must be held in accordance with this Part.
4—Publication of notice of election
	(1)	The Registrar must publish in a daily newspaper circulating throughout the State a notice setting out the timetable for each election held pursuant to these regulations.
	(2)	The timetable must be determined by the Registrar in consultation with the Board.
	(3)	The notice must include the following information—
	(a)	the number of candidates required to be elected;
	(b)	the date (not being less than 14 days after the date of publication of the notice) and the hour by which nominations must be received by the Registrar;
	(c)	the date on or before which the Registrar will post voting papers to physiotherapists;
	(d)	the date (not being less than 14 days nor more than 21 days after the date fixed under paragraph (b)) by which completed voting papers must be returned to the Registrar.
5—Eligibility to vote
A person whose name appeared on the register of physiotherapists on the day preceding the day on which the notice was published, and whose registration was not subject to suspension, is entitled to vote at the election.
6—Nominations
A nomination of a candidate for election must be—
	(a)	in a form approved by the Registrar; and
	(b)	signed by the candidate; and
	(c)	signed by two other physiotherapists; and
	(d)	received by the Registrar not later than the hour fixed in the notice for the closure of nominations.
7—Method of election—with or without ballot
	(1)	If the number of candidates nominated is the same or less than the number of vacancies to be filled by election, the Registrar must by notice in a daily newspaper circulating throughout the State declare the candidates to be elected to the Board.
	(2)	If the number of candidates nominated is greater than the number of vacancies to be filled, the following regulations will apply.
8—Voting papers
	(1)	The Registrar must provide each physiotherapist with—
	(a)	a voting paper and an unmarked envelope; and
	(b)	a second envelope addressed to the Registrar in which to return the completed voting paper.
	(2)	The names of the candidates must appear on the voting paper in alphabetical order of surname.
	(3)	Every voting paper must be initialled by the Registrar or by a person authorised for that purpose by the Registrar.
	(4)	The Registrar may provide a physiotherapist with a voting paper and envelopes by posting them to the physiotherapist at his or her last known address.
9—Electoral material
	(1)	Subject to this regulation, the Registrar must, at the request of a candidate, include with voting papers provided to physiotherapists, material provided by the candidate promoting the candidate's election to the Board.
	(2)	Such material must be provided to the Registrar on or before the date of closure of nominations.
	(3)	The material must not include—
	(a)	more than 200 words; nor
	(b)	more than one photograph,
and may be printed by the Registrar in such form as he or she thinks fit.
10—Voting
	(1)	A physiotherapist who wishes to vote at an election—
	(a)	must indicate on the voting paper the candidate to whom the physiotherapist gives his or her first preference and may indicate the order of his or her preference for the other candidates; and
	(b)	must place the voting paper in the unmarked envelope provided, place the envelope inside the second envelope addressed to the Registrar, seal the second envelope and sign it; and
	(c)	must print his or her full name in block letters next to the signature; and
	(d)	must return the envelope to the Registrar not later than the date fixed in the notice for the closure of the poll.
	(2)	A voter—
	(a)	must indicate his or her first preference for a candidate by placing a number 1 in the square opposite the name of the candidate on the voting paper; and
	(b)	may indicate his or her preference for other candidates by placing consecutive numbers (commencing with the number 2) in the squares opposite the names of the candidates on the voting paper.
	(3)	For the purposes of these regulations, if a voter places a tick or a cross on a voting paper, the tick or cross is to be regarded as equivalent to the number 1.
11—Duplication and late return of voting papers
	(1)	If more than one voting paper is returned under the name of the same physiotherapist, all, except the first to be returned, must be rejected or, if the Registrar does not know which was returned first, all, except the first to be recorded against the name of the physiotherapist, must be rejected.
	(2)	If more than one voting paper is returned in an envelope, the voting papers returned in that envelope must not be counted.
	(3)	A voting paper received by the Registrar after the time fixed for the close of voting must not be counted.
12—Scrutineers
The Registrar may permit such scrutineers (who are not candidates for election to the Board) as he or she thinks fit to be present at the counting of votes.
13—Counting of votes
The following provisions apply to the counting of votes at an election:
	(a)	after counting first preferences, the candidate with the fewest first preferences must be excluded;
	(b)	if more candidates remain than the number of vacancies to be filled, each voting paper counted to the excluded candidate must be counted to the candidate (if any) next in order of the voter's preference;
	(c)	this process must be continued until the number of candidates remaining equals the number of vacancies to be filled;
	(d)	in the event that two or more candidates have an equal number of votes and one or more of them must be excluded, the Registrar must determine the question by lot.
14—Declaration of election
When the number of candidates remaining is equal to the number of vacancies to be filled, the Registrar must (within 14 days of the date fixed in the notice for the closure of the poll) by notice in a daily newspaper circulating throughout the State declare that the candidate or candidates has or have been elected to the Board.

Part 3—Registration and practice
15—Qualifications for registration
For the purposes of section 18 of the Act, a natural person must hold at least one of the qualifications set out in Schedule 1 to be eligible for registration as a physiotherapist.
16—Application for registration or renewal
For the purposes of sections 19 and 22 of the Act, an application for registration, or renewal of registration, of a person as a physiotherapist must—
	(a)	be made in the appropriate form set out in Schedule 3; and
	(b)	be accompanied by the documents specified in the form; and
	(c)	be lodged with the Registrar.
17—Exemption from obligation to be registered—recognised training courses
For the purposes of section 26(2)(a) of the Act, a person who practises physiotherapy, under the personal supervision of a physiotherapist, in connection with the Bachelor of Applied Science in Physiotherapy of the University of South Australia is not obliged to be registered under the Act.
18—Exemption from obligation to be registered—death or bankruptcy etc
	(1)	The personal representative of a deceased physiotherapist may carry on the practice of the deceased physiotherapist for a period not exceeding one year (or such longer period as the Board may allow) from the date of death.
	(2)	The trustee in bankruptcy of a physiotherapist may carry on the practice of physiotherapy for a period not exceeding one year (or such longer period as the Board may allow).
	(3)	A receiver or liquidator appointed in respect of a company that is a physiotherapist may carry on the practice of the company for a period not exceeding one year (or such longer period as the Board may allow).
	(4)	A person who exercises rights in pursuance of this regulation (otherwise than with the prior permission of the Board) must, within seven days after commencing to do so, give notice in writing of that fact to the Board.
Penalty: Division 7 fine.
19—Application for approval if physiotherapist has not practised for five years
For the purposes of section 29 of the Act, an application for approval to practise physiotherapy after not having practised for five years or more must—
	(a)	be made in the appropriate form set out in Schedule 3; and
	(b)	be accompanied by the documents specified in the form; and
	(c)	be lodged with the Registrar.
20—Information relating to damages claim against physiotherapist
For the purposes of section 31 of the Act, the information that must be given to the Board by a physiotherapist against whom a damages claim for professional negligence has been made is as follows:
	(a)	full details of the alleged negligence and the circumstances surrounding it;
	(b)	the nature of any treatment or procedure alleged to have been carried out negligently;
	(c)	details of the injury suffered by the claimant arising out of the alleged negligence and whether it resulted in death or permanent or temporary incapacity or impairment;
	(d)	the address of the premises at which the alleged negligence occurred;
	(e)	the time and date of each alleged incidence of negligence;
	(f)	details of the court order made or settlement reached in respect of the claim.
21—Information relating to physiotherapist suffering from illness
For the purposes of section 40 of the Act, the information that must be included in a written report from a medical practitioner in relation to an illness suffered by a physiotherapist is as follows:
	(a)	the diagnosis of the illness;
	(b)	the prognosis and likely duration of the illness;
	(c)	details of treatment being given to the physiotherapist for the illness or any other condition.
22—Changes of address
A physiotherapist must, within 14 days of changing his or her residential, postal or professional address, notify the Board in writing of the change.
Penalty: Division 11 fine.
23—Approval of names
A physiotherapist must not practise under a name (whether a company name or a business name) unless that name has first been approved by the Board.
Penalty: Division 11 fine.
24—Standard of facilities and equipment
A physiotherapist must ensure that Standard 5 of the Practice Accreditation Manual, Australian Physiotherapy Association (published by the Australian Physiotherapy Association, as in force on 1 December 1993) is complied with in relation to the facilities and equipment used by the physiotherapist in the practice of physiotherapy.
Penalty: Division 7 fine.
25—Fees
The Board may fix the fees payable for registration, renewal of registration and other purposes contemplated by the Act.

Schedule 1—Qualifications
Diploma of Physiotherapy of the University of Adelaide
Diploma in Technology in Physiotherapy of the South Australian Institute of Technology
Diploma of the Australian Physiotherapy Association (South Australian Branch) Incorporated issued before 31 December 1945
Bachelor of Applied Science in Physiotherapy of the South Australian Institute of Technology
Bachelor of Applied Science in Physiotherapy of the University of South Australia
Bachelor of Physiotherapy of the University of South Australia
Diploma of Physiotherapy of the University of Queensland
Bachelor of Physiotherapy of the University of Queensland
Bachelor of Applied Science (Physiotherapy) of the University of Queensland
Diploma of Massage of the Australasian Massage Association (Victoria)
Diploma in Physiotherapy of the Australian Physiotherapy Association (Victoria)
Diploma in Physiotherapy of the Masseurs Registration Board of Victoria
Diploma of Physiotherapy of the Victoria Institute of Colleges
Diploma of Physiotherapy of the Lincoln Institute of Health Sciences
Bachelor of Applied Science (Physiotherapy) of the Lincoln Institute of Health Sciences
Bachelor of Applied Science (Physiotherapy) of LaTrobe University
Bachelor of Physiotherapy of LaTrobe University
Bachelor of Physiotherapy of the University of Melbourne
Bachelor of Science (Anatomy) of the University of New South Wales, followed by the Graduate Diploma in Physiotherapy of the Cumberland College of Health Sciences, New South Wales
Diploma of Applied Science (Physiotherapy) of the Cumberland College of Health Sciences, New South Wales
Bachelor of Applied Science (Physiotherapy) of the Cumberland College of Health Sciences, New South Wales
Bachelor of Applied Science in Physiotherapy of the University of Sydney
Master of Physiotherapy of the University of Sydney
Bachelor of Physiotherapy of Charles Sturt University
Diploma of Physiotherapy of the Australian Physiotherapy Association
Diploma in Physiotherapy granted by the Physiotherapists Registration Board of Western Australia before 1970
Associateship in Physiotherapy granted by the Western Australian Institute of Technology before 1973
Bachelor of Applied Science (Physiotherapy) of the Western Australian Institute of Technology
Bachelor of Applied Science (Physiotherapy) of the Curtin University of Technology
Bachelor of Science (Physiotherapy) of the Curtin University of Technology
Master of Physiotherapy of the Curtin University of Technology
Final Certificate issued by the Australian Examining Committee for Overseas Physiotherapists of the Australian Council of Physiotherapy Regulating Authorities Incorporated

Schedule 3—Forms

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year | No | Reference | Commencement
1991 | 239 | Gazette 5.12.1991 p1710 | 1.12.1993: r 1
1993 | 259 | Gazette 4.11.1993 p2207 | 1.12.1993: r 2
1995 | 28 | Gazette 30.3.1995 p1145 | 30.3.1995: r 2
1997 | 158 | Gazette 19.6.1997 p3034 | 19.6.1997: r 2
1997 | 228 | Gazette 27.11.1997 p1453 | 27.11.1997: r 2
1998 | 30 | Gazette 16.4.1998 p1724 | 16.4.1998: r 2
2000 | 19 | Gazette 9.3.2000 p1402 | 9.3.2000: r 2
2004 | 123 | Gazette 3.6.2004 p1727 | 3.6.2004: r 2
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement
Pt 3 | inserted by 259/1993 r 3 | 1.12.1993
r 25 | substituted by 28/1995 r 3 | 30.3.1995
Sch 1 | inserted by 259/1993 r 3 | 1.12.1993
| varied by 158/1997 r 3 | 19.6.1997
| varied by 228/1997 r 3 | 27.11.1997
| varied by 30/1998 r 3 | 16.4.1998
| varied by 19/2000 r 3 | 9.3.2000
| substituted by 123/2004 r 4 | 3.6.2004
Sch 2 | inserted by 259/1993 r 3 | 1.12.1993
| deleted by 28/1995 r 4 | 30.3.1995
Sch 3 | inserted by 259/1993 r 3 | 1.12.1993
Transitional etc provisions associated with regulations or variations
No 28 of 1995
5—Transitional provision
Notwithstanding regulation 4, the fees prescribed in Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continue to apply as follows:
	(a)	the fees prescribed in clauses 1 and 2 of that Schedule continue to apply in relation to a registration or renewal of registration that is to take effect before 1 July 1995;
	(b)	any other fee prescribed in that Schedule continues to apply—
	(i)	until 30 June 1995; or
	(ii)	until the Board fixes a fee in substitution of that fee,
whichever occurs first.

Appendix—Divisional penalties and expiation fees
At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division | Maximum imprisonment | Maximum fine | Expiation fee
1 | 15 years | $60 000 | —
2 | 10 years | $40 000 | —
3 | 7 years | $30 000 | —
4 | 4 years | $15 000 | —
5 | 2 years | $8 000 | —
6 | 1 year | $4 000 | $300
7 | 6 months | $2 000 | $200
8 | 3 months | $1 000 | $150
9 | – | $500 | $100
10 | – | $200 | $75
11 | – | $100 | $50
12 | – | $50 | $25
Note: This appendix is provided for convenience of reference only.

This version is not published under the Legislation Revision and Publication Act 2002