Australian Capital Territory

Chiropractors and osteopaths act 1983
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 January 1995
TABLE OF PROVISIONS
Section
part I—preliminAry
	1. 	Short title
	2. 	Commencement
	3.	Interpretation
	4.	Competence to practise chiropractic or osteopathy
	5.	Impairment
Part II—The chiropractors and
osteopaths Board
	6. 	Establishment and constitution of Board
Part III—Registration
Division 1—Qualifications for registration
	7.	Registration based on qualifications and training
	8.	Registration under mutual recognition principle
	9.	Registration at discretion of Board
	10.	Interim registration
	11.	Conditions of registration in cases of impairment
	12.	Refusal of registration where applicant convicted of offence
	13.	Refusal of registration where applicant deregistered under foreign law
	14.	Applicants to be competent and of good character
	15.	Restriction on registration of deregistered or suspended persons

Division 2—Registration procedure
	16.	Applications for registration
	17.	Applications to be considered and determined
	18.	Registration of applicants
	19.	Fee for registration pursuant to Mutual Recognition Act
	20.	Conditions of registration
Division 3—Registers of chiropractors and osteopaths
	21.	Register
	22.	Particulars to be entered in Register
	23.	Deregistration on basis of disciplinary action under foreign law
	24.	Imposition of conditions imposed under foreign law
	25.	Cessation of registration
Division 4—Annual fees
	26.	Annual fee payable
	27.	Registration to be cancelled for non-payment
	28.	Entitlement to re-registration on payment of fees
Division 5—Miscellaneous
	29.	Certificate of registration
	30.	Change of address to be notified
	31. 	Alteration of Register
	32.	Inquiry by Board
	33.	Effect of suspension
Part IV—The Conduct of the Practice of
Chiropractic or osteopathy
	34.	Cancellation or suspension of registration
	35.	Cancellation, suspension or restriction of right of
practise on health grounds
	36.	Practising when registration suspended
	37.	Power of Board to caution, reprimand etc.
	38.	Power of Board to impose fines
	39.	Application for re-registration
	40.	Persons who may practise chiropractic or osteopathy
	41.	Use of title of chiropractor or osteopath
	42.	Practice of chiropractic or osteopathy by companies etc.
	43.	Recovery of fees
	44.	Review of accounts for fees for chiropractic or osteopathic service
	45.	Administration of estate of deceased chiropractor or osteopath
Part V—Miscellaneous
Division 1—Review of decisions
	46.	Review of decisions
	47.	Notification of decisions
Division 2—General
	48.	Inspection of Register
	49. 	Disclosure of pecuniary interest
	50. 	Offences in relation to Board
	51.	Impartiality of Board
	52. 	Publication of notice of decision
	53. 	Publication of registered chiropractors or osteopaths
	54.	Power of Minister to determine fees
	55.	Regulations

Australian Capital Territory

chiropractors and osteopaths act 1983
An Act to control the practice of chiropractic and osteopathy and for related purposes
Part I—Preliminary
Short title
1.  This Act may be cited as the Chiropractors and Osteopaths Act 1983.1
Commencement
2.1  This Act shall come into operation on a date to be fixed by the Minister of State for Territories and Local Government by notice published in the Gazette.
Interpretation
3.  (1)  In this Act, unless the contrary intention appears—
“Board” means the Chiropractors and Osteopaths Board constituted under this Act;
“Chairperson” means the Chairperson of the Board;
“Deputy Chairperson” means the Deputy Chairperson of the Board;
“determined fee” means the fee determined under section 68 for the purposes of the provision in which the expression occurs;
“medical practitioner” means a person registered as a medical practitioner under the Medical Practitioners Act 1930;

“member” means a member of the Board, and includes the Chairperson;
“Mutual Recognition Act” means the Mutual Recognition Act 1992 of the Commonwealth;
“physiotherapist” means a person registered as a physiotherapist under the Physiotherapists Registration Act 1977;
“qualification” includes a degree, certificate or diploma;
“Register” means—
	(a)	the Register of Chiropractors; or
	(b)	the Register of Osteopaths;
as the case requires;
“registered” means registered under this Act;
“registration authority” means a person or body empowered by or under a law of a State, Territory or place outside Australia to register chiropractors or osteopaths or otherwise to authorise the practice of chiropractic or osteopathy.
(3)  For the purposes of this Act—
	(a)	a natural person shall be deemed to practise chiropractic or osteopathy if—
	(i)	he or she practises chiropractic or osteopathy personally on his or her own account or as a member of a firm;
	(ii)	in the course of a business carried on by him or her, a person or persons employed by him or her is or are engaged in the practice of chiropractic or osteopathy; or
	(iii)	he or she is engaged in the practice of chiropractic or osteopathy as a person employed in a business carried on by another person (including a company) or by a firm; and
	(b)	a company or a firm shall be deemed to practise chiropractic or osteopathy if, in the course of a business carried on by the company or firm, a person or persons employed by the company or firm or, in the case of a firm, a member or members of the firm, is or are engaged in the practice of chiropractic or osteopathy.

(4)  Nothing in this Act applies to or in relation to the carrying on by a person, in accordance with the laws of the Territory, of the business or profession of medical practitioner or physiotherapist.
Competence to practise chiropractic or osteopathy
4.  For the purposes of this Act, a person shall be taken to be competent to practise chiropractic or osteopathy only if the person—
	(a)	has sufficient physical capacity, mental capacity and skill to practise chiropractic or osteopathy, as the case requires; and
	(b)	has sufficient communication skills for practising chiropractic or osteopathy, as the case may be, including an adequate command of the English language.
Impairment
5.  (1)  For the purposes of this Act, a person shall be taken to suffer from an impairment if the person suffers from any physical or mental impairment, disability, condition or disorder which detrimentally affects, or        is likely to detrimentally affect, the person’s physical or mental capacity to practise chiropractic or osteopathy, as the case may be.
(2)  For the purposes of subsection (1), habitual drunkenness or addiction to a deleterious drug shall be taken to be a physical or mental disorder.
Part II—The chiropractors and osteopaths Board
Establishment and constitution of Board
6.  (1)  For the purposes of this Act, there shall be a Board to be known as the Chiropractors and Osteopaths Board.
(2)  The Board shall consist of—
	(a)	a Chairperson, and 2 other members, appointed in accordance with the Health Professions Boards (Procedures) Act 1981; and
	(b)	2 members elected, as occasion requires, in accordance with the Health Professions Boards (Elections) Act 1980.
(5)  The Chairperson and the other members shall each be a person who is, and for the period of 3 years immediately preceding his or her appointment has been, registered as a chiropractor or osteopath under the law of a State or Territory.
(6)  The Chairperson shall be the executive officer of the Board.

Part III—Registration
Division 1—Qualifications for registration 
Registration based on qualifications and training
7.  (1)  A person is entitled to be registered as a chiropractor or osteopath if—
	(a)	the person is a graduate of a course of study and training in chiropractic or osteopathy, as the case requires, offered by—
	(i)	an Australian institution in a State or Territory, being a course that is accredited in writing by the Board, or recognised by a registration authority in that State or Territory; or
	(ii)	an institution in a place outside Australia, being a course that is accredited in writing by the Board; and
	(b)	the person has, if required by the Board—
	(i)	passed, to the satisfaction of the Board, an examination conducted by or on behalf of the Board, in Australia or elsewhere, in accordance with a determination made, on the recommendation of the Board, by the Minister for the purposes of this paragraph and published in the Gazette; or
	(ii)	undertaken training or gained experience in practising chiropractic or osteopathy, as the case requires, in Australia for such period, not exceeding 12 months, as the Board determines.
(2)  The Board shall not accredit a course offered by an institution in a place outside Australia unless the course is substantially equivalent to a course offered by an Australian institution in a State or Territory.
(3)  The entitlement under this section is an entitlement to registration that is not subject to any condition.
Registration under mutual recognition principle
8.  (1)  A person who is licensed or registered as a chiropractor or osteopath under the law in force in a State or another Territory that is a participating jurisdiction within the meaning of the Mutual Recognition Act is entitled to be registered as a chiropractor or osteopath, respectively, under this Act.
(2)  If the person’s licence or registration in the State or other Territory is not subject to any condition or restriction, the person’s entitlement to registration under this Act is an entitlement to registration that is not subject to any condition.
(3)  If the person’s licence or registration in the State or other Territory is subject to any condition or restriction, the person’s entitlement to registration under this Act is an entitlement to registration subject to the conditions to which that licence or registration is subject or conditions appropriate to give effect to any restriction to which that licence or registration is subject.
Registration at discretion of Board
9.  (1)  The Board may register a person as a chiropractor or osteopath for the purpose of enabling an unmet area of need to be met if the Board is satisfied that the person has suitable qualifications and experience to practise chiropractic or osteopathy, as the case requires, in that area of need.
(2)  The Board may register a person as a chiropractor or osteopath for the purpose of enabling the person to fill a teaching or research position if—
	(a)	the person has qualifications that the Board considers appropriate for that purpose; and
	(b)	the application is supported, in writing, by the hospital, professional association, university or other educational or research institution by which it is proposed that the person be engaged for that purpose.
(3)  The Board may register a person as a chiropractor or osteopath on a temporary basis—
	(a)	for the purpose of enabling the person to undertake training or to gain experience in practising chiropractic or osteopathy, as the case requires; or
	(b)	if it is satisfied that it is in the public interest to do so.
(4)  The Board may impose such conditions on the registration of a person under this section as it considers appropriate.
Interim registration
10.  (1)  An applicant for registration may be granted interim registration where—
	(a)	the person is entitled to registration under section 7 but it is not practicable to wait until the Board can consider the application; or
	(b)	the person would be entitled to registration under section 7 except for the fact that a degree or award to which the applicant is entitled has not yet been conferred or granted by the institution concerned.
(2)  A person authorised by the Board for the purposes of this section may, on payment of the determined fee, grant to an applicant for registration interim registration in accordance with this section.
(3)  Interim registration granted to a person under this section remains in force from the time at which it is granted until the person is given notice in writing that the Board has—
	(a)	granted him or her registration;
	(b)	refused his or her application for registration; or 
	(c)	cancelled the interim registration.
(4)  The Board may cancel a person’s interim registration for any reason that it considers proper and shall immediately give the person notice in writing of the cancellation.
(5)  A person who holds interim registration is for all purposes to be taken to be a registered chiropractor or registered osteopath, as the case requires.
(6)  Where a person who is registered as a chiropractor or an osteopath held interim registration at the time of being so registered, the person’s registration as a chiropractor or an osteopath, as the case may be, shall be taken to have occurred on the day on which he or she was granted interim registration.
(7)  Interim registration under this section shall be taken to have been granted by the Board.
Conditions of registration in cases of impairment
11.  (1)  The Board may impose conditions on a person’s registration if the Board is satisfied that the person suffers from an impairment and the conditions are reasonably required having regard to the impairment.
(2)  Where conditions have been imposed on a person’s registration under this section (including conditions imposed on a review under this section), the Board may, if so requested by the person, review the conditions and, if it is satisfied that—
	(a)	the person no longer suffers from the impairment; or
	(b)	the impairment has lessened;
the Board may alter or remove the conditions or impose new conditions.
Refusal of registration where applicant convicted of offence
12.  (1)  The Board may refuse an application for registration if—
	(a)	the applicant has been convicted in the Territory of an offence or has been convicted outside the Territory by a court for or in respect of an act or omission that would, had it taken place in the Territory, have constituted an offence; and 
	(b)	the Board is of the opinion that the conviction renders the person unfit in the public interest to practise chiropractic or osteopathy, as the case may be.
(2)  The Board shall have regard to the nature of an offence and the circumstances in which it was committed in making a decision under subsection (1).
(3)  Subsection (1) does not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
Refusal of registration where applicant deregistered under foreign law
13.  (1)  The Board may refuse an application for registration as a chiropractor or osteopath if the applicant’s name has been removed from a foreign register of chiropractors or osteopaths, as the case may be, for any reason relating to—
	(a)	the conduct of the person as a chiropractor or osteopath, as the case may be; or
	(b)	the physical or mental capacity of the person to practise chiropractic or osteopathy, as the case requires.
(2)  A person’s name shall be taken to have been removed from a foreign register of chiropractors or osteopaths, as the case may be, if it is removed from any register or roll established or kept under any law of any country, State or other Territory providing for the registration, licensing or certification of chiropractors or osteopaths under an Act.
(3)  Subsection (1) does not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
Applicants to be competent and of good character
14.  (1)  The Board shall not register a person as a chiropractor or osteopath unless satisfied that the person is competent to practise chiropractic or osteopathy, as the case requires, and is of good character.
(2)  Subsection (1) does not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
Restriction on registration of deregistered or suspended persons
15.  (1)  Where the registration of a person under this Act has been cancelled (otherwise than under section 23 or subsection 27 (2)) or suspended (otherwise than under subsection 32 (2)) the person may not apply for re-registration or termination of the suspension, as the case may be, otherwise than under section 39.
(2)  Subsection (1) does not apply in relation to a person who is entitled to be re-registered pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
Division 2—Registration procedure
Applications for registration
16.  (1)  This section applies to applications for registration other than applications by persons who are entitled to registration pursuant to the Mutual Recognition Act and who lodge with the Board a notice under section 19 of that Act.
(2)  An application for registration to which this section applies shall—
	(a)	be in a form approved by the Board; and 
	(b)	be accompanied by the determined fee.
Applications to be considered and determined
17.  The Board shall consider each application under section 16 and shall determine the application by—
	(a)	registering the applicant unconditionally or subject to conditions; or
	(b)	refusing the application.
Registration of applicants
18.  Where a person who is applying for registration otherwise than under the Mutual Recognition Act—
	(a)	complies with section 16;
	(b)	appears personally before the Board or a nominee of the Board in support of his or her application if required by the Board to do so; and
	(c)	is entitled to registration in accordance with this Act;
the Board shall, subject to this Act, cause the applicant to be registered.

Fee for registration pursuant to Mutual Recognition Act
19.  A person who applies for registration under this Act pursuant to the Mutual Recognition Act shall pay the determined fee.
Conditions of registration
20.  The conditions that the Board may impose on registration at the time of registration include conditions relating to the duration of registration, the aspects of practice in which the person who is registered may be engaged and conditions relating to any other matters the Board considers appropriate.
Division 3—Registers of chiropractors and osteopaths
Register
21.  (1)  The Board shall keep—
	(a)	a register called the “Register of Chiropractors”; and
	(b)	a register called the “Register of Osteopaths”.
(2)  A register may be kept by electronic means.
Particulars to be entered in Register
22.   A person shall be registered by entering in the Register—
	(a)	the name of the person;
	(b)	the person’s professional address or addresses in the Territory or, if he or she has no professional address in the Territory, the person’s place of residence, whether within or outside the Territory;
	(c)	particulars of the qualifications entitling the person to be registered;
	(d)	the registration number allotted to the person;
	(e)	the date of registration;
	(f)	any condition to which the person’s registration is subject; and 
	(g)	such other particulars, if any, as are prescribed.
Deregistration on basis of disciplinary action under foreign law
23.  (1)  The Board shall cancel the registration of a person if satisfied that the name of a person who is registered under this Act has been removed from any register kept under a law of a State or another Territory for any reason relating to—
	(a)	the conduct of the person as a chiropractor or osteopath, as the case may be; or
	(b)	the physical or mental capacity of the person to practise chiropractic or osteopathy, as the case requires.
(2)  The Board shall re-register a person whose registration has been cancelled under subsection (1) if—
	(a)	the name of a person  is restored to the Register referred to in that subsection; and
	(b)	the person applies to the Board to be re-registered under this Act.
(3)  The Board may cancel the registration of a chiropractor or osteopath if satisfied that the name of a person who is registered under this Act has been removed from any register kept under a law of a place outside Australia for any reason relating to—
	(a)	the conduct of the person as a chiropractor or osteopath, as the case may be; or
	(b)	the physical or mental capacity of the person to practise chiropractic or osteopathy, as the case requires.
(4)  The Board may re-register a person whose registration has been cancelled under subsection (3) if the Board is satisfied that it is appropriate in the circumstances to do so.
Imposition of conditions imposed under foreign law
24.  (1)  Where the Board is satisfied that, after a person has been registered under this Act, a condition has been imposed on the registration of the person as a chiropractor or osteopath under a law of a State or another Territory, the Board shall impose a similar condition on the registration of the person as a chiropractor or osteopath, as the case requires, under this Act.
(2)  Where the Board is satisfied that, after a person has been registered under this Act, a condition has been imposed on the registration of the person as a chiropractor or osteopath under a law of a place outside Australia, the Board may impose a similar condition on the registration of the person as a chiropractor or osteopath, as the case requires, under this Act.
Cessation of registration
25.  A registered chiropractor or registered osteopath ceases to be registered—
	(a)	when the Board gives the person notice that his or her registration has been cancelled in accordance with this Act; or
	(b)	if registration is conditional and the period of registration is specified in a condition—when that period expires.
Division 4—Annual fees
Annual fee payable
26.  (1)  A registered chiropractor or registered osteopath, as the case requires, shall, on or before 1 September in each year, pay the Territory the determined fee.
(2)  The Board shall cause to be sent to each registered chiropractor or registered osteopath, as the case requires, not less than 1 month before 1 September in each year, a notice requiring him or her to comply with subsection (1).
(3)  The liability of a registered chiropractor or registered osteopath for a fee payable by him or her under subsection (1) is not affected by a failure of the Board to comply with subsection (2).
Registration to be cancelled for non-payment 
27.  (1)  Where a registered chiropractor or registered osteopath does not comply with subsection 26 (1), the Board shall cause to be sent to the chiropractor or osteopath a notice requiring him or her to pay the fee due under that subsection by a day specified in the notice and advising him or her that if the fee is not paid on or before that day his or her registration will be cancelled.
(2)  The Board shall cancel the registration of a chiropractor or osteopath to whom a notice has been sent under subsection (1) and who has not paid the fee due by the day specified in the notice.
Entitlement to re-registration on payment of fees
28.  (1)  A person whose name has been removed from the Register for failure to pay an annual fee is entitled to be re-registered if he or she makes application in accordance with this section and pays the determined fee.
(2)  An application for re-registration under this section shall—
	(a)	be in a form approved by the Board; and 
	(b)	be accompanied by the determined fee.
(3)  The entitlement of a person to re-registration under this section is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person’s registration immediately before the removal of his or her name from the Register.
(4)  The Board may refuse to re-register a person under this section if it is satisfied that the person is not competent to practise chiropractic or osteopathy or is not of good character.
(5)  An entitlement to re-registration under this section is subject to the provisions of this Act pursuant to which a person’s name is authorised or required to be removed from the Register.
Division 5—Miscellaneous
Certificate of registration
29.  (1)  Where a person is registered, the Board shall cause to be issued to the person a certificate of registration under the hand of the Chairperson or Deputy Chairperson.
(1A)  A certificate of registration shall state the provision by virtue of which the person specified in the certificate is entitled to be registered under this Act and any conditions to which his or her registration is subject.
(2)  A certificate of registration is evidence that the person specified in the certificate was registered on the date specified in the certificate.
(3)  Where a certificate has been destroyed or lost, the Board shall, on payment of the determined fee, cause to be issued to the registered chiropractor or registered osteopath a duplicate certificate.
(4)  Where—
	(a)	the Board has given to a person notice in writing that his or her registration has been suspended or cancelled; and
	(b)	a period of 14 days has elapsed since the notice referred to in paragraph (a) was given;
the person shall deliver his or her certificate of registration to the Chairperson.
(5)  A person who, without reasonable excuse, contravenes subsection (4) is guilty of an offence punishable, on conviction, by a fine not exceeding 5 penalty units.
(6)  Where a person whose registration has been suspended delivers his or her certificate of registration to the Board, the Board shall retain the certificate during the period of the suspension and return it to the person at the expiration of that period unless the person’s registration has sooner been cancelled.
(7)  Where, after a certificate of registration has been issued to a person—
	(a)	conditions are imposed on the registration of the person; or
	(b)	conditions imposed on the registration of the person are varied;
the Chairperson may, by notice in writing given to the person, require the person to deliver his or her certificate of registration to the Chairperson within 14 days to enable a statement of the conditions imposed, or the conditions as varied, to be endorsed on the certificate.
(8)  A person who, without reasonable excuse, contravenes a notice under subsection (7) is guilty of an offence punishable, on conviction, by a fine not exceeding 5 penalty units.
Change of address to be notified
30.  Where—
	(a)	a change occurs in an address of a registered chiropractor or registered osteopath entered in the Register under subsection 22 (1); or
	(b)	a registered chiropractor or registered osteopath establishes a professional address, or an additional professional address, in the Territory,
the registered chiropractor or registered osteopath shall, within 1 month of the change or establishment, as the case may be, notify the Chairperson in writing accordingly.
Penalty:  5 penalty units.
Alteration of Register
31.  (1)  The Board shall cause to be removed from the Register the name of—
	(a)	a registered chiropractor or registered osteopath who has died; or
	(b)	a registered chiropractor or registered osteopath whose registration has been cancelled.
(2)  Subject to subsection (3), the Board may, from time to time, at the request of a person or of its own accord, make such alterations to particulars in the Register as are necessary.
(3)  The Board shall not make an alteration to particulars in the Register at the request of a person unless the Board is satisfied that the determined fee has been paid.
Inquiry by Board
32.  (1)  The Board shall hold an inquiry before—
	(a)	ordering the cancellation of the registration of a person;
	(b)	imposing a condition on the registration of a person;
	(c)	ordering the suspension of the registration of a person;
	(d)	making an order under subsection 35 (2);
	(e)	taking action under section 37; or
(2)  Pending the holding of an inquiry under subsection (1), the Board may, by order served on the person to whom the inquiry relates, suspend temporarily the registration of the person.
Effect of suspension
33.  A person whose registration has been suspended under subsection 32 (2), section 34 or subsection 35 (1) shall, during the period of the suspension, be deemed not to be registered.
Part IV—The Conduct of the Practice of Chiropractic or osteopathy
Cancellation or suspension of registration
34.  The Board may—
	(a)	cancel the registration of a person; or
	(b)	by order served on the person, suspend the registration of the person for such period as the Board thinks fit;
if satisfied that—
	(c)	the registration of the person was obtained by fraud or misrepresentation;
	(d)	the chiropractic or osteopathic qualification of the person has been withdrawn or cancelled by the body which granted it;
	(e)	the person has contravened a condition to which his or her registration under this Act is subject;
	(f)	the person has been convicted in the Territory or elsewhere of an offence punishable by imprisonment for more than 1 year or any offence that, in the opinion of the Board, renders him or her unfit to practise as a chiropractor or osteopath, as the case may be;
	(g)	the person is guilty of habitual drunkenness, or addiction to deleterious drugs, that renders him or her unfit to practise chiropractic or osteopathy; 
	(h)	the person has failed to exercise adequate judgment or care in practising  chiropractic or osteopathy;
	(j)	the person has engaged in any conduct, whether occurring in practising chiropractic or osteopathy or not, that adversely affects practising chiropractic or osteopathy by the person;
	(k)	the person has contravened this Act or the regulations;
	(m)	the person has engaged in any other improper or unethical conduct relating to practising chiropractic or osteopathy; or
	(n)	the person is not competent to practise chiropractic or osteopathy.
Cancellation, suspension or restriction of right of practise on health grounds
35.  (1)  Subject to subsection (2), the Board shall, when it is satisfied that the mental or physical condition of a person who is registered as a chiropractor or osteopath renders him or her unfit to practise chiropractic or osteopathy, as the case may be—
	(a)	cancel the registration of the person; or
	(b)	by order served on the person, suspend the registration of the person for such period as the Board thinks fit.
(2)  The Board may, instead of cancelling or suspending the registration of a person, where it is satisfied that the person is fit to provide some chiropractic or osteopathic services and that it would not be contrary to the public interest to make an order under this subsection, by order served on the person direct the person not to provide the chiropractic or osteopathic services specified, whether individually or otherwise, in the order.
(3)  Where the Board has made an order under subsection (2) in relation to a person, it may, if so requested by the person, review the order and, if it is satisfied that the mental or physical condition of the person has changed since the order was made, amend or remove the order.
(4)  A person on whom an order under paragraph (1) (b) or subsection (2) has been served who provides a chiropractic or osteopathic service in contravention of that order shall, in providing the service, be deemed to be a person other than a registered chiropractor or registered osteopath.
Practising when registration suspended
36.  Where a person whose registration as a chiropractor or osteopath has been suspended is convicted of an offence against section 40 or 41, the Board may—
	(a)	cancel the registration of the person; or
	(b)	by order served on the person, suspend the registration of the person for such further period as the Board thinks fit.
Power of Board to caution, reprimand etc.
37.  (1)  The Board may do any 1 or more of the following in relation to the conduct of a registered chiropractor or registered osteopath:
	(a)	caution or reprimand the chiropractor or osteopath;
	(b)	order that the chiropractor or osteopath seek and undergo medical or psychiatric treatment or counselling;
	(c)	impose on the chiropractor’s or osteopath’s registration such conditions relating to practising chiropractic or osteopathy as the Board considers appropriate;
	(d)	order that the chiropractor or osteopath complete specified educational courses.
(2)  Paragraph (1) (d) does not apply in relation to a registered chiropractor or osteopath who obtained registration under this Act pursuant to the Mutual Recognition Act.
Power of Board to impose fines
38.  (1)  Subject to subsection (2), where the Board finds that a registered chiropractor or registered osteopath has failed to comply with an order of the Board under section 37 it may, by order served on the person, impose on him or her a fine not exceeding $1,000.
(2)  The Board shall not impose a fine under subsection (1) in respect of conduct for which a court has already imposed a fine or other penalty.
(3)  A fine imposed under this section shall be paid to the Territory within the time specified in the order imposing the fine.
(4)  Where a person on whom the Board has imposed a fine under subsection (1) fails to pay the fine by the time specified in the order, the Board may—
	(a)	cancel the registration of the person; or
	(b)	by order served on the person, suspend the registration of the person for such period as the Board thinks fit.
Application for re-registration
39.  (1)  Where the registration of a person has been cancelled, otherwise than under section 23 or subsection 27 (2), or suspended, otherwise than under section 32, the person may apply for re-registration or termination of the suspension, as the case may be, on the ground that, by reason of a specified change in the circumstances that has occurred since the date of the cancellation or suspension, it is just that he or she should be re-registered or his or her suspension should be terminated.
(2)  Upon application under this section the Board may, if satisfied that, by reason of the change in circumstances, the person should be re-registered or his or her suspension should be terminated, order that the person be re-registered or that his or her suspension be terminated, as the case requires.
Persons who may practise chiropractic or osteopathy
40.  (1)  A person other than a registered chiropractor or registered osteopath shall not practise chiropractic or osteopathy, as the case may be, for fee or reward.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
(2)  A registered chiropractor or registered osteopath shall not practise chiropractic or osteopathy, as the case may be, under a name other than the name under which the chiropractor or osteopath is registered.
Penalty:  50 penalty units.
(3)  In proceedings for an offence against subsection (1) or (2), a certificate given by the Chairperson that—
	(a)	the person named in the certificate is not a registered chiropractor or registered osteopath; or
	(b)	the name of a person named in the certificate is the name under which that person is registered,
is evidence of that fact.
Use of title of chiropractor or osteopath
41.  A person other than a registered chiropractor or registered osteopath shall not—
	(a)	take or use, either alone or in combination with any other words or letters, the title of chiropractor or osteopath or a name, title, addition or description (including initials or letters placed after his or her name) indicating or implying that he or she is a registered chiropractor or registered osteopath or that he or she is a person who practises, or is qualified to practise, chiropractic or osteopathy, as the case may be; or
	(b)	hold himself or herself out, by advertisement or otherwise, as being qualified or authorized to practise, or as being a person who practises chiropractic or osteopathy, as the case may be.
Penalty:  30 penalty units.

Practice of chiropractic or osteopathy by companies etc.
42.  A company or a firm shall not practise chiropractic or osteopathy unless all the employees of the company, or all the members and employees of the firm, engaged in the practice of chiropractic or osteopathy are registered chiropractors or registered osteopaths, as the case requires.
Penalty:  250 penalty units.
Recovery of fees
43.  (1)  A person is not entitled to commence an action for the recovery from another person of fees or remuneration for a chiropractic or osteopathic service given to that other person, or a dependant of that other person, unless—
	(a)	he or she has served or caused to be served on that other person, by delivery to that person personally or by post addressed to that person at his or her last-known place of residence, an account for the fees or remuneration setting out the amount claimed, a brief statement of the nature of the chiropractic or osteopathic service given, the date or dates on which it was given and the person to whom it was given; and
	(b)	a period of 6 months has elapsed since that service of the account and the account is unpaid at the end of that period.
(2)  Notwithstanding subsection (1), an action for the recovery of fees or remuneration for a chiropractic or osteopathic service may be commenced without the service of an account for those fees or that remuneration in accordance with that subsection or, if such an account has been so served, before the elapsing of the period of 6 months since the service of the account, if the action is one in which an application could, but for that subsection, be made for an order under Part II of the Arrest on Mesne Process Act, 1902 of the State of New South Wales in its application to the Territory.
Review of accounts for fees for chiropractic or osteopathic service
44.  (1)  A person liable to pay fees or remuneration for a chiropractic or osteopathic service may, within 6 months after the service upon him or her of an account for the fees or remuneration in accordance with section 43, apply in writing to the Board to review the account.
(2)  The Board shall, on receipt of an application under subsection (1), review the account and certify, under the hand of the Chairperson or the Deputy Chairperson, the amount which, in the opinion of the Board, is a reasonable amount of fees or remuneration for the chiropractic or osteopathic service.
(3)  The Board shall, in a certificate referred to in subsection (2), set out the facts on which the certificate is based.
(4)  The Board may request a person to furnish such information as it thinks necessary or desirable for the purpose of a review under this section and may fix a time within which the information should be furnished.
(5)  If a person does not furnish information requested by the Board under subsection (4) within the time fixed by the Board under that subsection, the Board may proceed to review the account for fees or remuneration without that information.
(6)  In reviewing an account for fees or remuneration under this section, the Board is not required to conduct a formal hearing, but the Board shall provide the parties to the application with any information furnished to the Board under subsection (4).
(7)  In reviewing an account for fees or remuneration under this section, the Board shall have regard to the time occupied in giving, and the nature of, the chiropractic or osteopathic service and any other circumstances submitted by the person who gave the chiropractic or osteopathic service with respect to the provision of the chiropractic or osteopathic service.
(8)  The Board shall cause a copy of a certificate of the Board under subsection (2) to be sent by post to the person who gave the chiropractic or osteopathic service at his or her professional address, or at 1 of his or her professional addresses, last known to the Board.
(9)  In proceedings for the recovery of fees or remuneration in respect of a chiropractic or osteopathic service, a certificate of the Board under subsection (2) in relation to that service is evidence that the amount certified in the certificate is a reasonable amount of fees or remuneration for the chiropractic or osteopathic service.
Administration of estate of deceased chiropractor or osteopath
45.  On the death of a registered chiropractor or registered osteopath who was, at the time of his or her death, carrying on business as a chiropractor or osteopath—
	(a)	an executor or executrix of the will of the deceased chiropractor or osteopath; or
	(b)	an administrator, administratrix or trustee of the estate of the deceased chiropractor or osteopath;
may continue to carry on the business for a period of 6 months or for such longer period as the Board, on application by the executor, executrix, administrator, administratrix or trustee permits, if the practice of chiropractic or osteopathy in the business is carried on by a registered chiropractor or registered osteopath, as the case requires.
Part V—Miscellaneous
Division 1—Review of decisions
Review of decisions
46.  Application may be made to the Administrative Appeals Tribunal for review of a decision of the Board—
	(a)	under subsection 9 (4), 11 (1) or 24 (2) to impose conditions on the registration of a person;
	(b)	under subsection 10 (4) to cancel the interim registration of a person;
	(c)	under subsection 11 (2) to refuse to review conditions imposed on the registration of a person; 
	(d)	under subsection 11 (2) to refuse to alter or remove conditions imposed on the registration of a person;
	(e)	under subsection 11 (2) to impose new conditions on the registration of a person;
	(f)	under section 17 to refuse to register a person;
	(g)	under subsection 23 (4) or 28 (4) or section 39 to refuse to re-register a person;
	(h)	under subsection 23 (3), paragraph 34 (a), 35 (1) (a), 36 (a) or 38 (4) (a) to cancel the registration of a person;
	(j)	under subsection 32 (2), paragraph 34 (b), 35 (1) (b), 36 (b) or 38 (4) (b) to suspend the registration of a person;
	(k)	under subsection 35 (2) to make an order directing a person not to provide a chiropractic or osteopathic service, as the case may be;
	(m)	under subsection 35 (3) to refuse to review an order, or amend or remove an order, directing a person not to provide a chiropractic or osteopathic service, as the case may be;
	(n)	under section 37 to take any action of the kind referred to in that section in relation to a registered chiropractor or registered osteopath;
	(o)	under subsection 38 (1) to impose a fine on a registered chiropractor or registered osteopath;
	(p)	under subsection 39 (2) to refuse to terminate the suspension of registration of a chiropractor or osteopath;
	(q)	under subsection 44 (2) to certify the amount which, in the opinion of the Board, is a reasonable amount of fees or remuneration for a chiropractic or osteopathic service;
	(r)	under section 45 to refuse to extend beyond 6 months the period during which the executor or executrix of the will of a deceased chiropractor or osteopath, or the administrator, administratrix or trustee of the estate of a deceased chiropractor or osteopath, may continue the business of the deceased; or
	(s)	under section 45 to fix a period longer than 6 months during which the executor or executrix of the will of a deceased chiropractor or osteopath, or the administrator, administratrix or trustee of the estate of a deceased chiropractor or osteopath, may continue the business of the deceased. 
Notification of decisions
47.  (1)  Where a decision of the kind referred to in section 46 (other than paragraph (b), (j), (k) or (o)) is made, the Board shall give notice in writing of the decision—
	(a)	in the case of a decision referred to in paragraph 46 (a)—to the person on whose registration conditions have been imposed;
	(b)	in the case of a decision referred to in paragraph 46 (c) or (d)—to the person whose registration is subject to the condition;
	(c)	in the case of a decision referred to in paragraph 46 (e)—to the person on whose registration the new conditions are imposed
	(d)	in the case of a decision referred to in paragraph 46 (f)—to the person whose application for registration has been refused;
	(e)	in the case of a decision referred to in paragraph 46 (g)—to the person whose re-registration has been refused;
	(f)	in the case of a decision referred to in paragraph 46 (h)—to the person whose registration has been cancelled;
	(g)	in the case of a decision referred to in paragraph 46 (m)—to the person in relation to whom the order was made;
	(h)	in the case of a decision referred to in paragraph 46 (n)—to the registered chiropractor or registered osteopath in relation to whom the action has been taken;
	(j)	in the case of a decision referred to in paragraph 46 (p)—to the person whose registration has been suspended;
	(k)	in the case of a decision referred to in paragraph 46 (q)—to the person who requested the review of the account; or
	(m)	in the case of a decision referred to in paragraph 46 (r) or (s) to the executor or executrix of the will of the deceased chiropractor or osteopath or the administrator, administratrix or trustee of the estate of the deceased chiropractor or osteopath.
(2)  A notice under subsection 10 (4) or subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
(3)  An order under subsection 32 (2), paragraph 34 (b) or 35 (1) (b), subsection 35 (2), paragraph 36 (b), subsection 38 (1) or paragraph 38 (4) (b) shall have endorsed on it or attached to it a notice in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
Division 2—General
Inspection of Register
48.  (1)  A person may, on payment of the determined fee—
	(a)	inspect an entry in the Register; and
	(b)	obtain a certified copy of an entry in the Register.
(2)  The Board may, on request by a registration authority and without payment by the registration authority of a fee, forward a certified copy of the Register to that registration authority.
Disclosure of pecuniary interest
49.  (1)  A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Board.
(2)  A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board and the member shall not, unless the Minister or the Board otherwise determines—
	(a)	be present during any deliberation of the Board with respect to that matter; or
	(b)	take part in any decision of the Board with respect to that matter.
(3)  For the purpose of the making of a determination by the Board under subsection (2) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not—
	(a)	be present during any deliberation of the Board for the purpose of making the determination; or
	(b)	take part in the making by the Board of the determination.
(4)  Where a member fails, without reasonable excuse, to comply with this section, the Minister shall remove the member from office.
Offences in relation to Board
50.  A person shall not—
	(a)	insult a member of the Board in or in relation to the exercise of his or her powers or functions as a member;
	(b)	interrupt the proceedings of the Board; or
	(c)	create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Board is sitting.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
Impartiality of Board
51.  Subject to this Act, the Chairperson or other member of the Board shall not be subject to the direction of any other person in respect of any act or thing done in his or her capacity as Chairperson or other member.
Publication of notice of decision
52.  (1)  The Chairperson may, if he or she thinks fit, cause a notice of a decision of the Board or of the Administrative Appeals Tribunal on application for review of a decision of the Board—
	(a)	ordering the cancellation of the registration of a person;
	(b)	imposing a condition on the registration of a person;
	(c)	suspending, otherwise than under subsection 32 (2), the registration of a person;
	(d)	making an order under subsection 35 (2);
	(e)	taking action under section 37; or
	(f)	imposing a fine on a person under section 38;
and the reasons for the decision, including the findings on material questions of fact, to be published in the Gazette.
(2)  A notice of a decision shall not be published under subsection (1) until—
	(a)	the period within which an application may be made to the Administrative Appeals Tribunal for review of the decision has expired; and
	(b)	if an application for review of the decision is made, the Administrative Appeals Tribunal has given its decision on the application.
Publication of registered chiropractors or osteopaths
53.  The Board shall, as soon as practicable after 1 September in each year, cause to be published in the Gazette a notice containing the names of all chiropractors or osteopaths registered under this Act on that day and the professional address, or professional addresses, if any, of each of those chiropractors or osteopaths.
Power of Minister to determine fees
54.  The Minister may, be notice in writing published in the Gazette, determine fees for the purposes of this Act.
Regulations
55.  The Executive may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

NOTE
1.	The Chiropractors and Osteopaths Act 1983 as shown in this reprint comprises Act No. 28, 1983 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Chiropractors Registration Ordinance 1983	28, 1983	29 Sept 1983	13 Aug 1984  (see Gazette 1984, No. S311)		
Chiropractors Registration (Amendment) Ordinance 1986	66, 1986	24 Oct 1986	27 Oct 1986 (see Gazette 1986, No. S537)	S. 8	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2: 10 May 1989
Remainder: 11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Health Services (Consequential Provisions) Act 1990	63, 1990	28 Dec 1990	Ss. 1 and 2: 28 Dec 1990
Remainder: 31 Jan 1991 (see 
s. 2 (2) and Gazette 1991, No. S4)	Ss. 6-17

	
Self-Government (Consequential Amendments) Act 1991	53, 1991	2 Oct 1991	2 Oct 1991	—	
Health (Consequential Provisions) Act 1993	14, 1993	1 Mar 1993	1 Mar 1993 (see s. 2)	Parts IV-VI (ss. 14-34)	
Chiropractors and Osteopaths (Amendment) Act 1993	86, 1993	17 Dec 1993	Ss. 1 and 2:  17 Dec 1993
Remainder:  1 Jan 1994 (see Gazette 1993, No. S279)	Part III 
(ss. 26-36)	
Statute Law Revision Act 1994	26, 1994	31 May 1994	31 May 1994	—	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:  14 Nov 1994 (see 
s. 2 (2) and Gazette 1994, No. S250)	—	
Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)
	—	
Table of Amendments
The amendment history of the Chiropractors and Osteopaths Act 1983 prior to renumbering by the Chiropractors and Osteopaths (Amendment) Act 1993 (No. 86, 1993) appears in Table 1 below.
Table 1
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected
_____________________________________________________________________________________________________________________________________________________________

Long title	rs. Act No. 86, 1993
S. 1	am. Act No. 86, 1993
S. 3	am. No. 38, 1989; Act No. 86, 1993
Ss. 3A, 3B	ad. Act No. 86, 1993
Heading to Part II	am. Act No. 86, 1993
S. 4	am. No. 66, 1986; Act No. 86, 1993
Heading to Part III	am. Act No. 86, 1993
Ss. 5-10	rep. No. 66, 1986
Div. 1 of Part III	ad. Act No. 86, 1993
   (ss. 5-13)
Ss. 5-10	ad. Act No. 86, 1993
Ss. 11-13	rs. Act No. 86, 1993
Div. 2 of Part III	ad. Act No. 86, 1993
   (ss. 14, 14A-14D)
S. 14	rs. Act No. 86, 1993
Ss. 14A-14D	ad. Act No. 86, 1993
Div. 3 of Part III	ad. Act No. 86, 1993
   (ss. 14E-14J)
Ss. 14E-14J	ad. Act No. 86, 1993
Div. 4 of Part III	ad. Act No. 86, 1993
   (ss. 14K-14M)
Ss. 14K-14M	ad. Act No. 86, 1993
Heading to Div. 5 of	ad. Act No. 86, 1993
   Part III
S. 15	am. Act No. 86, 1993
S. 16	rep. Act No. 86, 1993
Ss. 17, 18	am. Act No. 86, 1993
Ss. 19-23	rep. Act No. 86, 1993
Ss. 24, 25	am. Act No. 86, 1993
S. 26	rep. Act No. 86, 1993
Heading to Part IV	am. Act No. 86, 1993
S. 26	rs. Act No. 86, 1993
Ss. 26A-26E	ad. Act No. 86, 1993
Ss. 27-31	am. Act No. 86, 1993
S. 32	rs. Act No. 86, 1993
Part V (ss. 33-55)...........	rep. No. 66, 1986
Ss. 33-55	rep. No. 66, 1986
Div. 1 of Part VI	ad. Act No. 86, 1993
   (ss.  56, 57)
S. 56	rs. Act No. 86, 1993
S. 57	am. No. 38, 1989
	rs. Act No. 86, 1993
Heading to Div. 2 of	ad. Act No. 86, 1993
   Part VI
S. 58	am. No. 38, 1989; Act No. 63, 1990
	rep. No. 14, 1993
S. 60	rep. No. 66, 1986
Ss. 61-63	am. Act No. 86, 1993
S. 64	rep. No. 66, 1986
S. 65, 66	am. Act No. 86, 1993
S. 67	rep. Act No. 53, 1991
S. 69	am. No. 38, 1989
Ss. 70-72	rep. Act No. 86, 1993

The amendment history of the Chiropractors and Osteopaths Act 1983 after renumbering by the Chiropractors and Osteopaths (Amendment) Act 1993 appears in Table 2 below.
Table 2
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. No. 26, 1993; No. 60, 1994
Ss. 29, 30	am. No. 81, 1994
Ss. 40-42	am. No. 81, 1994
Heading to Part VI	rep. No. 26, 1994
Heading to Part V	ad. No. 26, 1994
Ss. 46, 47	am. No. 60, 1994
S. 50	am. No. 81, 1994
S. 52	am. No. 60, 1994
Heading to Part VII	rep. No. 26, 1994

Part I—Preliminary
Part II—The chiropractors and osteopaths Board
Part III—Registration
Division 1—Qualifications for registration
Division 2—Registration procedure
Division 3—Registers of chiropractors and osteopaths
Division 4—Annual fees
Division 5—Miscellaneous
Part IV—The Conduct of the Practice of Chiropractic or osteopathy
Part V—Miscellaneous
Division 1—Review of decisions
Division 2—General

Old
number	New
number	Old
number	New
number	Old
number	New
number	
Section	Section	Section	Section	Section	Section	
3A	4	14F	22	27	40	
3B	5	14G	23	28	41	
4	6	14H	24	29	42	
5	7	14J	25	30	43	
6	8	14K	26	31	44	
7	9	14L	27	32	45	
8	10	14M	28	56	46	
9	11	15	29	57	47	
10	12	17	30	59	48	
11	13	18	31	61	49	
12	14	24	32	62	50	
13	15	25	33	63	51	
14	16	26	34	65	52	
14A	17	26A	35	66	53	
14B	18	26B	36	68	54	
14C	19	26C	37	69	55	
14D	20	26D	38			
14E	21	26E	39