Australian Capital Territory
Psychologists Act 1994
A1994-87
Republication No 1A
Effective:  21 December 2000 – 11 September 2001
Republication date: 15 February 2011
Last amendment made by A2000-84

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Psychologists Act 1994 effective 21 December 2000 to 11 September 2001.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under section 13.

As in force on
21 December 2000

Australian Capital Territory
Psychologists Act 1994
CONTENTS
	
part 1—preliminary
	1	Short title	
	2	Commencement	
	3	Definitions	
	3A	When does a person practise psychology	
	4	Competence to practise psychology	
	5	Impairment	
Part 2—administration
	6	Establishment of board	
	7	Constitution of board	
Part 3—Registration
Division 1—Qualifications for registration
	8	Entitlement to registration based on qualifications and training	
	9	Registration under mutual recognition principle	
	10	Registration at discretion of board	
	11	Interim registration	
	12	Conditions of registration in cases of impairment	
	13	Refusal of registration where applicant convicted of offence	
	14	Refusal of registration where applicant deregistered under foreign law	
	15	Applicants to be competent and of good character	
	16	Restriction on registration of deregistered or suspended persons	
Division 2—Registration procedure
	17	Applications for registration	
	18	Applications to be considered and determined	
	19	Registration of applicants	
	20	Fee for registration pursuant to Mutual Recognition Act	
	21	Conditions of registration	
Division 3—Register of Psychologists
	22	Register	
	23	Particulars to be entered in register	
	24	Alteration of register	
Division 4—Annual fees
	25	Annual fee payable	
	26	Registration to be cancelled for nonpayment	
	27	Entitlement to re-registration if fee paid	
Division 5—Miscellaneous
	28	Certificate of registration	
	29	Change of address to be notified	
part 4—CONDUCT OF THE PRACTICE OF PSYCHOLOGY
	30	Cessation of registration	
	31	Disciplinary action under foreign law	
	32	Imposition of conditions imposed under foreign law	
	33	Cancellation or suspension of registration	
	34	Cancellation, suspension or restriction of right to practise on health grounds	
	35	Practising when registration suspended	
	36	Power of the board to caution, reprimand etc	
	37	Power of board to impose fines	
	38	Inquiry by board	
	39	Publication of notice of decision	
	40	Application for re-registration	
	41	Effect of suspension and conditions	
	42	Persons who may practise as psychologists	
	43	Advertising	
	44	Company not to provide psychology service except through registered psychologist	
	45	Recovery of fees	
	46	Review of accounts for fees for psychology service	
	47	Administration of estate of deceased psychologist	
Part 5—APPEALS
	48	Review of decisions	
	49	Notification of decisions	
	50	Contents of notice	
PART 6—MISCELLANEOUS
	51	Inspection of register	
	52	Publication of registered psychologists	
	53	Conduct of directors, servants and agents	
	55	Determined fees	
	56	Regulations	
part 7—transitional
	57	Definitions for pt 7	
	58	Application of various provisions	
	59	Registration	
	60	Temporary registration	
	61	Review of decisions under pt 7	
	62	Notification of decisions	
	63	Expiry of pt 7	
	ENDNOTES
	1	About this republication	
	2	Abbreviation key	
	3	Table of legislation	
	4	Table of amendments	
	5	Table of earlier republications	

As in force on
21 December 2000

Australian Capital Territory

Psychologists Act 1994
An Act to provide for the registration of psychologists, to control the practice of psychology, and for related purposes
part 1—preliminary
1 	Short title
	This Act may be cited as the Psychologists Act 1994. 
2 	Commencement
(1) 	Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2) 	The remaining provisions commence on a day fixed by the Minister by notice in the Gazette.
(3) 	If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
3 	Definitions
(1) 	In this Act:
board means the Psychologists Board established under section 6.
chairperson means the chairperson of the board.
deputy chairperson means the deputy chairperson of the board.
determined fee means the fee determined under section 55 for the purposes of the provision in which the expression occurs.
member means a member of the board.
Mutual Recognition Act means the Mutual Recognition Act 1992 of the Commonwealth.
register means the Register of Psychologists kept under section 22.
registered means registered under this Act.
registered psychologist means a person—
	(a)	who is registered under this Act; or
	(b)	who is to be deemed to be registered under this Act by virtue of section 25 of the Mutual Recognition Act.
registration authority means a person or body empowered by or  under a law of a State, Territory or place outside Australia to register psychologists or otherwise to authorise the practice of psychology.
3A	When does a person practise psychology
	For this Act, a person is taken to practise psychology if—
	(a)	the person practises psychology on his or her own account; or
	(b)	the person practises psychology as an officer or employee of someone else.
4 	Competence to practise psychology
	For the purposes of this Act, a person shall be taken to be competent to practise psychology only if the person—
	(a)	has sufficient physical capacity, mental capacity and skill to practise psychology; and
	(b)	has sufficient communication skills for the practise of psychology, including an adequate command of the English language.
5 	Impairment
(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 psychology.
(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 2—administration
6 	Establishment of board
	For the purposes of this Act, there shall be a board called the Psychologists Board.
7 	Constitution of board
(1) 	The board shall consist of—
	(a)	a chairperson, and 5 other members, appointed in accordance with the Health Professions Boards (Procedures) Act 1981; and
	(b)	1 member—
	(i)	appointed in accordance with the Health Professions Boards (Procedures) Act 1981 and who is not entitled to be registered by a board within the meaning of that Act or under the Dental Technicians and Dental Prosthetists Act 1988; or
	(ii)	carrying on a business or profession which employs psychological practices or methods.
(2) 	A person is not eligible for appointment as a member under paragraph (1) (a) unless—
	(a)	he or she is a registered psychologist; and
	(b)	he or she was at all times during the period of 3 years immediately preceding his or her appointment, entitled, under the law of a State or Territory, to practise as a psychologist.
(3) 	The chairperson shall be the executive officer of the board.

Part 3—Registration
Division 1—Qualifications for registration
8 	Entitlement to registration based on qualifications and training
(1) 	A person is entitled to be registered as a psychologist if—
	(a)	the person—
	(i)	is a graduate of a course of education or training in psychology offered by an Australian educational institution, being a course of not less than 4 years that is accredited by the board or approved by a registration authority of a State or another Territory; and
	(ii)	has, to the satisfaction of the board, gained such experience in the practice of psychology, for such period not exceeding 2 years, as the board determines; or
	(b)	the person—
	(i)	is a graduate of a course of education or training in psychology that is offered by an educational institution in a place outside Australia, being a course that is accredited by the board; and
	(ii)	has, to the satisfaction of the board, gained such experience in the practice of psychology, for such period not exceeding 2 years, as the board determines; and
	(iii)	where the experience referred to in subparagraph (ii) was gained outside Australia—if required by the board, has, to the satisfaction of the board, gained such experience in Australia in the practice of psychology, for such period not exceeding 12 months, as the board determines.
(2) 	The board shall not accredit a course under subparagraph (1) (a) (i) unless the course is substantially equivalent to a course offered by an educational institution in a State or Territory.
(3) 	The entitlement under this section is an entitlement to registration that is not subject to conditions.
9 	Registration under mutual recognition principle
(1) 	A person who is registered as a psychologist 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 psychologist under this Act.
(2) 	If the person’s 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 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 registration is subject or conditions appropriate to give effect to any restriction to which that registration is subject.
10 	Registration at discretion of board
(1) 	Where a person is a graduate of a course of education or training referred to in subparagraph 8 (1) (a) (i) or (b) (i), the board may register the person as a psychologist on a temporary basis to enable him or her to gain experience in the practise of psychology for the purposes of subparagraph 8 (1) (a) (ii) or (b) (ii) or (iii).
(2) 	The board may register a person as a psychologist for the purpose of enabling the person to fill a psychology 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 university, professional association, hospital or other institution, by which it is proposed that the person be engaged for that purpose.
(3) 	The board may impose such conditions on the registration of a person under this section as it considers appropriate.
11 	Interim registration
(1) 	An applicant for registration may be granted interim registration where—
	(a)	the applicant is entitled to registration under section 8 but it is not practicable to wait until the board can consider the application; or
	(b)	the applicant would be entitled to registration under section 8 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 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; or
	(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 psychologist.
12 	Conditions of registration in cases of impairment
(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 satisfied—
	(a)	that the person no longer suffers from the impairment; or
	(b)	that the impairment has lessened;
the board may alter or remove the conditions or impose new conditions.
13 	Refusal of registration where applicant convicted of offence
(1) 	Subject to subsection (3), 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 psychology.
(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.
14 	Refusal of registration where applicant deregistered under foreign law
(1) 	Subject to subsection (3), the board may refuse an application for registration if the applicant’s name has been removed from a foreign register of psychologists for any reason relating to—
	(a)	the conduct of the person as a psychologist; or
	(b)	the physical or mental capacity of the person to practise psychology.
(2) 	A person’s name shall be taken to have been removed from a foreign register of psychologists if it is removed from any register or roll established or kept under any law of a State or another Territory or a place outside Australia providing for the registration of psychologists or the authorisation of persons to practise psychology.
(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.
15 	Applicants to be competent and of good character
(1) 	Subject to subsection (2), the board shall not register a person as a psychologist unless satisfied that the person is competent to practise psychology 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.
16 	Restriction on registration of deregistered or suspended persons
(1) 	Subject to subsection (2), where the registration of a person under this Act has been cancelled (otherwise than under subsection 26 (2) or section 31) or suspended (otherwise than under subsection 38 (2)) the person may not apply for re-registration or termination of the suspension, as the case may be, otherwise than under section 40.
(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
17 	Applications for registration
(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.
18 	Applications to be considered and determined
	The board shall consider each application under section 17 and shall determine the application by—
	(a)	registering the applicant unconditionally or subject to conditions; or
	(b)	refusing the application.
19 	Registration of applicants
	Where a person who is applying for registration otherwise than under the Mutual Recognition Act—
	(a)	complies with section 17; and
	(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.
20 	Fee for registration pursuant to Mutual Recognition Act
	A person who applies for registration under this Act pursuant to the Mutual Recognition Act shall pay the determined fee.
21 	Conditions of registration
	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—Register of Psychologists
22 	Register
(1) 	The board shall keep a register called the Register of Psychologists.
(2) 	The register may be maintained by electronic means.
23 	Particulars to be entered in register
	The registration of a person shall be effected by entering in the register—
	(a)	the name of the person; and
	(b)	each professional address of the person in the Territory or, if the person has no professional address in the Territory, his or her residential address, whether within or outside the Territory; and
	(c)	particulars of the person’s qualifications relevant to the practise of psychology; and
	(d)	the registration number allotted to the person; and
	(e)	the date of registration; and
	(f)	the provision by virtue of which the person is entitled to be registered; and
	(g)	any condition to which the person’s registration is subject; and
	(h)	such other particulars (if any) as are prescribed.
24 	Alteration of register
(1) 	The board shall cause to be removed from the register the name of—
	(a)	a registered psychologist who has died; or
	(b)	a registered psychologist whose registration has been cancelled.
(2) 	The board may, from time to time, at the request of a person or of its own accord, make such other 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 satisfied that the determined fee has been paid.
Division 4—Annual fees
25 	Annual fee payable
(1) 	A registered psychologist shall, on or before 1 August in each year, pay the determined fee.
(2) 	The board shall cause to be sent to each registered psychologist, not less than 1 month before 1 August in each year, a notice requiring him or her to comply with subsection (1).
(3) 	The liability of a registered psychologist 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).
26 	Registration to be cancelled for nonpayment
(1) 	Where a registered psychologist does not comply with subsection 25 (1), the board shall cause to be sent to the psychologist 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 psychologist 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.
27 	Entitlement to re-registration if fee paid
(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—
	(a)	makes application in a form approved by the board; and 
	(b)	pays the determined fee.
(2) 	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.
(3) 	The board may refuse to re-register a person under this section if satisfied that the person is not competent to practise psychology or is not of good character.
(4) 	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
28 	Certificate of registration
(1) 	Where a person is registered as a psychologist, the board shall cause to be issued to the person a certificate of registration signed by the chairperson or deputy chairperson.
(2) 	A certificate of registration shall state the provision by virtue of which the person specified in the certificate is entitled to be registered and set out any conditions to which his or her registration is subject.
(3) 	A certificate of registration is evidence that the person specified in the certificate was registered on the date specified in the certificate.
(4) 	Where a person’s certificate of registration has been lost or destroyed, the board shall, on payment of the determined fee, cause a duplicate certificate to be issued to the person.
(5) 	Where—
	(a)	a person ceases to be registered; or
	(b)	the registration of a person is suspended;
the board may, by notice in writing given to the person, require the person to deliver his or her certificate of registration to the board within 14 days.
(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 board may, by notice in writing given to the person, require the person to deliver his or her certificate of registration to the board 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 shall not, without reasonable excuse, refuse or fail to comply with a notice under subsection (5) or (7).
Penalty:  5 penalty units.
29 	Change of address to be notified
	Where—
	(a)	a change occurs in an address of a registered psychologist shown in the register; or
	(b)	a registered psychologist establishes a professional address, or an additional professional address, in the Territory;
the registered psychologist shall, within 1 month of the change or establishment, as the case may be, notify the chairperson in writing accordingly.
Penalty:  5 penalty units.
part 4—CONDUCT OF THE PRACTICE OF PSYCHOLOGY
30 	Cessation of registration
	A person who is registered as a psychologist ceases to be so 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.
31 	Disciplinary action under foreign law
(1) 	Where the board is satisfied that the name of a person who is registered under this Act has been removed from any register or roll kept under a law of a State or another Territory for any reason relating to—
	(a)	the conduct of the person as a psychologist; or
	(b)	the physical or mental capacity of the person to practise psychology;
the board shall cancel the registration of the person.
(2) 	Where—
	(a)	the name of a person whose registration has been cancelled under subsection (1) is restored to the register or roll referred to in that subsection; and
	(b)	the person applies to the board to be re-registered under this Act;
the board shall re-register the person.
(3) 	Where the board is satisfied that the name of a person who is registered under this Act has been removed from any register or roll kept under a law of a place outside Australia for any reason relating to—
	(a)	the conduct of the person as a psychologist; or
	(b)	the physical or mental capacity of the person to practise psychology;
the board may cancel the registration of the person.
(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.
32 	Imposition of conditions imposed under foreign law
(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 psychologist under a law of a State or another Territory, the board shall impose a similar condition on the registration of the person 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 psychologist under a law of a place outside Australia, the board may impose a similar condition on the registration of the person under this Act.
33 	Cancellation or suspension of registration
	The board may—
	(a)	cancel the registration of a person as a psychologist; or
	(b)	by order served on a psychologist, suspend his or her registration for such period as the board considers appropriate;
if satisfied—
	(c)	that the registration of the person was obtained by fraud or misrepresentation; or
	(d)	that the psychology qualification of the person has been withdrawn or cancelled by the body which granted it; or
	(e)	that the person contravened this Act or the regulations; or
	(f)	that the person has contravened a condition to which his or her registration under this Act is subject; or
	(g)	that 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 psychology; or
	(h)	that the person is guilty of habitual drunkenness or addiction to a deleterious drug that renders him or her unfit to practise psychology; or
	(j)	that the person has engaged in conduct, whether practising psychology or not, that adversely affects practising psychology by the person; or
	(k)	that the person has engaged in any improper or unethical conduct in practising psychology; or
	(m)	that the person has failed to exercise adequate judgment or care in practising psychology; or
	(n)	the person is not competent to practise psychology.
34 	Cancellation, suspension or restriction of right to practise on health grounds
(1) 	Subject to subsection (2), the board shall, if satisfied that the mental or physical condition of a person who is registered as a psychologist renders him or her unfit to practise psychology—
	(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, if satisfied that the person is fit to give or perform some psychology 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 give or perform the psychology 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 satisfied that the mental or physical condition of the person has changed since the order was made, amend or revoke the order.
(4) 	A person on whom an order under paragraph (1) (b) or subsection (2) has been served who gives or performs a psychology service in contravention of that order shall, in giving or performing the service, be deemed to be a person other than a registered psychologist.
35 	Practising when registration suspended
	Where a person whose registration as a psychologist has been suspended is convicted of an offence against section 42, 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.
36 	Power of the board to caution, reprimand etc
(1) 	Subject to subsection (2), the board may do any 1 or more of the following in relation to the conduct of a registered psychologist:
	(a)	caution or reprimand the psychologist;
	(b)	order that the psychologist seek and undergo medical or psychological treatment or counselling or such other treatment or counselling as the board considers appropriate;
	(c)	impose on the psychologist’s registration such conditions relating to the practise of psychology as the board considers appropriate;
	(d)	order that the psychologist seek and follow advice, in relation to the management of his or her psychology practice, from persons specified by the board;
	(e)	order that the psychologist complete specified educational courses.
(2) 	Paragraph (1) (e) does not apply in relation to a registered psychologist who obtained registration under this Act pursuant to the Mutual Recognition Act.
37 	Power of board to impose fines
(1) 	Subject to subsection (2), where the board finds that a registered psychologist has failed to comply with an order of the board under subsection 36 (1) it may, by order served on the psychologist, 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 psychologist 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 psychologist; or
	(b)	by order served on the psychologist, suspend the registration of the psychologist for such period as the board thinks fit.
38 	Inquiry by board
(1) 	The board shall hold an inquiry before—
	(a)	cancelling the registration of a person, other than under subsection 26 (2), paragraph 30 (b) or subsection 31 (1); or
	(b)	suspending the registration of a person; or
	(c)	making an order under subsection 34 (2); or
	(d)	taking any action under section 36.
(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.
39 	Publication of notice of decision
(1) 	The chairperson may, if he or she thinks fit, cause a notice of a decision of the board or of the tribunal on application for review of a decision of the board—
	(a)	cancelling the registration of a person; or
	(b)	suspending, otherwise than under subsection 38 (2), the registration of a person; or
	(c)	taking any action in respect of a person under section 36; or
	(d)	imposing a fine on a person under section 37; 
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 tribunal for review of the decision has expired; and
	(b)	if an application for review of the decision is made, the tribunal has given its decision on the application.
40 	Application for re-registration
(1) 	Where the registration of a person has been cancelled (otherwise than under subsection 26 (2) or section 31) or suspended (otherwise than under subsection 38 (2)) 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) 	The board shall, if satisfied that, by reason of the specified change in circumstances, the person should be re-registered or the suspension should be terminated, re-register the person or terminate the suspension, as the case requires.
41 	Effect of suspension and conditions
	A person whose registration has been suspended shall, during the period of the suspension, be deemed not to be a registered psychologist.
42 	Persons who may practise as psychologists
(1) 	A person other than a registered psychologist shall not—
	(a)	provide a psychology service for fee or reward; or
	(b)	take or use, either alone or in combination with any other words or letters, the title of psychologist 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 psychologist or that he or she is a person who practises, or is qualified to practise psychology; or
	(c)	hold himself or herself out, by advertisement or otherwise, as being qualified or authorised to practise psychology or as being a person who practises psychology.
Penalty:
	(a)	for a contravention of paragraph (1) (a)—50 penalty units or imprisonment for 6 months, or both;
	(b)	for a contravention of paragraph (1) (b) or (c)—30 penalty units.
(2) 	A registered psychologist shall not practise psychology under a name other than the name under which the psychologist is registered.
Penalty for contravention of subsection (2):  50 penalty units.
43 	Advertising
	A person who exhibits or publishes, or causes, permits or suffers to be exhibited or published any letter, circular, placard, handbill, card or advertisement of any kind whereby any person advertises or holds himself or herself out contrary to section 42 shall be guilty of an offence.
Penalty:  30 penalty units.
44 	Company not to provide psychology service except through registered psychologist
	A body corporate shall not provide, or offer to provide, a psychology service except through a registered psychologist.
Penalty:  250 penalty units.
45 	Recovery of fees
(1) 	A person is not entitled to commence an action for the recovery from another person of fees or remuneration for a psychology 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 psychology 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 psychology 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 2 of the Arrest on Mesne Process Act 1902 of the State of New South Wales in its application in the Territory.
46 	Review of accounts for fees for psychology service
(1) 	A person liable to pay fees or remuneration for a psychology service may, within 6 months after the service upon him or her of an account for the fees or remuneration in accordance with section 45, 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 psychology 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 psychology service and any other circumstances submitted by the person who gave the psychology service with respect to the provision of that 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 psychology 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 psychology 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 service.
47 	Administration of estate of deceased psychologist
	Upon the death of a registered psychologist who was at the time of death carrying on business as a psychologist—
	(a)	an executor of the will of the deceased psychologist; or
	(b)	an administrator or trustee of the estate of the deceased psychologist;
may continue the business for a period of 6 months or for such longer period as the board, on application by the executor, administrator or trustee permits, if the practice of psychology in the business is carried on by a registered psychologist.

Part 5—APPEALS
48 	Review of decisions
	Application may be made to the Administrative Appeals Tribunal for review of a decision of the board—
	(a)	under subsection 10 (3), 12 (1) or 32 (2) to impose conditions on the registration of a person; or
	(b)	under subsection 11 (4) to cancel the interim registration of a person; or
	(c)	under subsection 12 (2) to decline to review conditions imposed on the registration of a person; or
	(d)	under subsection 12 (2) to alter, or to refuse to alter or remove, conditions imposed on the registration of a person; or
	(e)	under subsection 12 (2) to impose new conditions on the registration of a person; or
	(f)	under section 18 to refuse to register a person; or
	(g)	under subsection 27 (3), 31 (4) or 40 (2) to refuse to re-register a person; or
	(h)	under subsection 31 (3) or paragraph 33 (a), 34 (1) (a), 35 (a) or 37 (4) (a) to cancel the registration of a person; or
	(j)	under paragraph 33 (b), 34 (1) (b), 35 (b) or 37 (4) (b) or subsection 38 (2) to suspend the registration of a person; or
	(k)	under subsection 34 (2) to make an order directing a person not to give or perform a specified psychology service; or
	(m)	under subsection 34 (3) to refuse to review an order directing a person not to give or perform a specified psychological service; or
	(n)	under subsection 34 (3) to amend, or to refuse to amend or revoke, an order directing a person not to give or perform a specified psychological service; or
	(p)	under subsection 36 (1) to take any action of a kind specified in that subsection in relation to a registered psychologist; or
	(q)	under subsection 37 (1) to impose a fine on a registered psychologist; or
	(r)	under subsection 40 (2) to refuse to terminate the suspension of the registration of a person; or
	(s)	under subsection 46 (2) to certify an amount of fees or remuneration for a psychology service; or
	(t)	under section 47 to refuse to extend beyond 6 months the period during which the executor of the will of a deceased psychologist, or the administrator or trustee of the estate of a deceased psychologist, may continue the business of the psychologist; or
	(u)	under section 47 to fix a period longer than 6 months during which the executor of the will of a deceased psychologist, or the administrator or trustee of the estate of a deceased psychologist, may continue the business of the psychologist.
49 	Notification of decisions
	Where a decision of the kind referred to in section 48 (other than paragraph (b), (k) or (q)) is made, the board shall give notice in writing of the decision—
	(a)	in the case of a decision referred to in paragraph 48 (a)—to the person on whose registration conditions have been imposed; or
	(b)	in the case of a decision referred to in paragraph 48 (c) or (d)—to the person whose registration is subject to the conditions; or
	(c)	in the case of a decision referred to in paragraph 48 (e)—to the person on whose registration the new conditions have been imposed; or
	(d)	in the case of a decision referred to in paragraph 48 (f)—to the person whose application for registration has been refused; or
	(e)	in the case of a decision referred to in paragraph 48 (g)—to the person whose application for re-registration has been refused; or
	(f)	in the case of a decision referred to in paragraph 48 (h)—to the person whose registration has been cancelled; or
	(g)	in the case of a decision referred to in paragraph 48 (m) or (n)—to the person in relation to whom the order was made; or
	(h)	in the case of a decision referred to in paragraph 48 (p)—to the registered psychologist in relation the whom the action has been taken; or
	(j)	in the case of a decision referred to in paragraph 48 (r)—to the person whose registration has been suspended; or
	(k)	in the case of a decision referred to in paragraph 48 (s)—to the person who requested the review of the amount; or
	(l)	in the case of a decision referred to in paragraph 48 (t) or (u)—to the executor of the will of the deceased psychologist or the administrator or trustee of the estate of the deceased psychologist.
50 	Contents of notice
(1) 	A notice under subsection 11 (4) or section 49 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.
(2) 	An order under paragraph 33 (b) or 34 (1) (b), subsection 34 (2) paragraph 35 (b), subsection 37 (1), paragraph 37 (4) (b) or subsection 38 (2) 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) 	The validity of a decision referred to in subsection (1) or (2) is not to be taken to be affected by a failure to comply with that subsection.

PART 6—MISCELLANEOUS
51 	Inspection of register
(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 authority of a fee, forward to the authority a certified copy of that part of the register to which the request relates.
52 	Publication of registered psychologists
	The board shall as soon as practicable after 1 August in each year cause to be published in the Gazette a notice containing the names of all psychologists registered under this Act on that day and the professional address, or professional addresses (if any) of each of those psychologists.
53 	Conduct of directors, servants and agents
(1) 	Where, for the purposes of a prosecution for an offence against this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show—
(a)	that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and
(b)	that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.
(2) 	A reference in subsection (1) to the state of mind of a body or person shall be read as including a reference to—
(a)	the knowledge, intention, opinion, belief or purpose of the body or person; and
(b)	the body’s or person’s reasons for the intention, opinion, belief or purpose.
(3) 	Any conduct engaged in on behalf of a body corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her actual or apparent authority is to be taken, for the purposes of this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct.
(4) 	Where—
(a)	a natural person is convicted of an offence against this Act; and
(b)	the person would not have been convicted of the offence if subsections (1) and (3) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
(5) 	A reference in this section to engaging in conduct shall be read as including a reference to failing or refusing to engage in conduct.
55 	Determined fees
	The Minister may, by notice in writing, determine fees for the purposes of this Act.
56 	Regulations
	The Executive may make regulations for the purposes of this Act.

part 7—transitional
57	Definitions for pt 7
	In this Part:
commencement day means the day this Part comes into operation.
government psychology employee means a person who was, immediately before the commencement day, employed by the Territory, the Commonwealth or a public authority of the Territory or the Commonwealth to provide psychology services.
58	Application of various provisions
(1)	Sections 42, 44 and 45 do not apply to a government psychology employee until the earlier of—
	(a)	the day the employee is registered; or
	(b)	the end of 12 months after the commencement day.
(2) 	If a government psychology employee applies for registration as a psychologist within 12 months after the commencement day, sections 42, 44 and 45 do not apply to the employee until—
	(a)	the board registers the employee; or
	(b)	if the board refuses to register the 	employee—30 days after the day the employee is notified under section 49 of the decision of the board to refuse the employee registration.
59	Registration
(1)	This section applies to a government psychology employee who has provided psychology services for a period of 4 years, or for periods totalling 4 years, during the 10 years immediately before the commencement day.
(2)	If—
	(a)	a government psychology employee mentioned in subsection (1) applies for registration as a psychologist; but
	(b)	the employee would not be entitled to be registered under section 8;
the board may register the person as a psychologist under this Act if the board is satisfied the person is otherwise competent to practise psychology.
(3)	The board may impose any conditions it considers appropriate on the registration of a person under subsection (2). 	
60	Temporary registration
(1)	If—
	(a)	a person who was a government psychology employee immediately before the commencement day—
	(i)	applies for temporary registration as a psychologist; and
	(ii)	gives the board a written undertaking that he or she will undertake education or training to obtain the qualifications mentioned in subparagraph 8 (1) (a) (i) or (b) (i); and	
	(b)	the board is satisfied the person is competent to practise psychology;
the board may temporarily register the person as a psychologist.
(2)	Temporary registration of a person as a psychologist under this section remains in effect until—
	(a)	the person is given written notice that the board has—
	(i)	registered the person under section 8; or
	(ii)	refused an application by the person for registration under section 8; or
	(iii)	cancelled the person’s registration; or
	(b)	the end of 3 years beginning on the commencement day.	
(3)	The board may cancel a person’s registration under this section for any reason it considers appropriate.
(4)	If the board cancels a person’s registration under subsection (3), it must immediately give the person notice of the cancellation. 	
(5)	A person who holds temporary registration under this section is taken to be a registered psychologist only for the person’s employment as a government psychology employee.
61	Review of decisions under pt 7
	Application may be made to the administrative appeals tribunal for review of a decision of the board—
	(a)	under subsection 59 (2) to refuse to register a person; or
	(b)	under subsection 59 (3) to impose conditions on the registration of a person; or	
	(c)	under subsection 60 (1) to refuse to temporarily register a person; or
	(d)	under subsection 60 (3) to cancel the registration of a person.
62	Notification of decisions
(1) 	If the board makes a decision mentioned in section 61, it must give written notice of the decision to the person affected by the decision.
(2) 	A notice under subsection (1) must be in accordance with the code of practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
63	Expiry of pt 7
	This Part expires 3 years after the commencement day.

ENDNOTES
1	About this republication
This is a republication of the Psychologists Act 1994 as in force on 21 December 2000.  It includes all amendments made to the Act up to Act 2000 No 84.
Amending and modifying laws are annotated in the table of legislation and table of amendments.  However, any current modifications are not included in the republished Act but are set out in the endnotes.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of a republication appears on its cover and is indicated by its republication number.
A republication number without a letter (eg 1, 2, 3 etc) indicates that the republication is an authorised printed republication.  A number with a letter (eg 1A, 1B, 1C etc) indicates that the republication is an unauthorised electronic republication.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

3	Table of legislation
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Psychologists Act 1994	1994 No 87	15 Dec 1994	ss 1 and 2:  15 Dec 1994
remainder:  15 June 1995
		
Statute Law Revision Act 1995	1995 No 46	18 Dec 1995	18 Dec 1995	—	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998   No 49  
p 1078)	—	
Psychologists (Amendment) Act 1999	1999 No 41	16 July 1999	16 July 1999	—	
Psychologists Amendment Act 2000	2000 No 84	21 Dec 2000	21 Dec 2000	—

4	Table of amendments

Provision	How affected†

s 3	am 2000 No 84 s 4
s 3A	ins 2000 No 84 s 5
s 10	am 1995 No 46
ss 28, 29	am 1998 No 54
ss 42-44	am 1998 No 54
s 50	am 1995 No 46
s 54	om 1998 No 54
pt 7	ins 2000 No 84 s 6 
s 57	sub 1999 No 41 s 4
	exp 16/7/2000 (see 1999 No 41 s 59)
	ins 2000 No 84 s 6
s 58	am 1995 No 46
	sub 1999 No 41 s 4
	exp 16/7/2000 (see 1999 No 41 s 59)
	ins 2000 No 84 s 6
s 59	sub 1999 No 41 s 4
	exp 16/7/2000 (see 1999 No 41 s 59)
	ins 2000 No 84 s 6

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