Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Schedule 13 Chiropractors
(see s 4 and sch 1)
Note to sch 13
The Act and Regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:
• under the Act, s 37 (1) (b), an applicant must have a knowledge of written and spoken English that is adequate to allow the person to practise
• under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
• under s 112, certain matters must be included in an application for registration
• under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
(a) whether the person is mentally and physically well enough to practise; and
(b) whether the person has communication skills that allow the person to practise effectively without endangering patients; and
(c) whether the person has an addiction to alcohol, another drug or another substance that may affect the person's ability to practise; and
(d) whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
(e) whether the person's experience is recent and sufficient to allow the person to practise.
13.1 Definitions—sch 13
In this schedule:
"board" means the ACT Chiropractors and Osteopaths Board.
"chiropractor" means an individual who is registered as a chiropractor under this schedule.
"osteopath" means an individual who is registered as an osteopath under schedule 14.
"regulatory authority "means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate the chiropractic profession in the jurisdiction or place.
Note A local jurisdiction is a State or New Zealand (see Act, dict).
13.2 General area of operation of chiropractic profession—Act, s 22 (1) (a)
The practice of chiropractic involves a service, attendance or procedure, or giving of advice, that involves 1 or more of the following:
(a) assessing conditions related to the spine, non-spinal articulations and the neuro-musculo-skeletal system;
(b) diagnosing, preventing, rehabilitating, managing and educating about the conditions mentioned in paragraph (a);
(c) using chiropractic adjustments and manipulations in accordance with the standards statements for chiropractors.
13.3 Qualifications as suitability to practise requirements for chiropractors—Act, s 23 (a)
(1) To practise as a chiropractor, an individual—
(a) must be a graduate of a course of education or training in the ACT or a local jurisdiction that is accredited by CCEA or approved by the board or a regulatory authority; or
Note Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
(b) must have completed a course of education or training approved by the board; or
(c) must have—
(i) passed an examination in chiropractic that the board requires; and
(ii) gained experience practising as a chiropractor under the supervision of a chiropractor whose registration entitles the chiropractor to practise as a chiropractor without supervision for a period approved by the board; or
(d) must have—
(i) completed a course of education or training at a place outside Australia accredited by CCEA or approved by the board or a regulatory authority; and
(ii) completed the requirements of, and passed the examination conducted by, CCEA.
(2) To avoid doubt, an individual is not practising as a chiropractor if the individual—
(a) is registered as a medical practitioner, osteopath or physiotherapist; and
(b) is offering a service as part of the individual's health profession that is in the general area of operation of a chiropractor; and
(c) has appropriate training in that area.
(3) In this section:
"CCEA" means the Council on Chiropractic Education Australasia.
13.4 Maintenance and demonstration of professional development, continued competence and recency of practice for chiropractors—Act, s 23 (d)
(1) To demonstrate adequate professional development at the time of application for registration as a chiropractor, the applicant must, if required by the board, give the board written evidence—
(a) that the applicant attended and satisfactorily completed a training program approved by the board; or
(b) that the applicant has undertaken professional development activities; or
(c) that otherwise demonstrates professional development the board considers adequate.
(2) To demonstrate continuing competence at the time of application for registration as a chiropractor, the applicant must, if required by the board, give the board written evidence of the applicant's competence assessed against the board's standards statement.
(3) To demonstrate recency of practice at the time of application for registration as a chiropractor, the applicant must, if required by the board, give the board written evidence—
(a) that the applicant has practised as a chiropractor in the 5 years before the day the applicant is made; or
(b) that the applicant attended and satisfactorily completed a training course approved by the board; or
(c) that otherwise demonstrates recency of practice the board considers adequate.
(4) In this section:
"professional development activity"—an activity is a professional development activity if it complies with a standard about professional development for chiropractors developed or endorsed under section 131.
Note 1 Register , a person, includes renew the person's registration (see Act, dict).
Note 2 For application requirements, see s 112.
13.5 Board membership—Act, s 24
(1) The board is made up of the president and the following people:
(a) 2 elected members;
(b) 4 appointed members.
(2) The elected members must be—
(a) a chiropractor elected by chiropractors; and
(b) an osteopath elected by osteopaths.
(3) The appointed members must be a community representative and—
(a) if the president is a chiropractor—1 chiropractor and 2 osteopaths; or
(b) if the president is an osteopath—1 osteopath and 2 chiropractors.
(4) For subsection (3), if the president is a chiropractor and osteopath, the president must choose a profession before the members are appointed and give the Minister written notice of the choice.
(5) If the Minister has taken all reasonable steps to appoint a member from a particular profession (the prescribed profession ) for subsection (3) and has been unable to do so, the Minister may appoint temporarily—
(a) if the prescribed profession is the chiropractic profession—an osteopath; or
(b) if the prescribed profession is the osteopathic profession—a chiropractor.
(6) An appointment under subsection (5) ends when the Minister appoints a member from the prescribed profession.
13.6 Required insurance policy—Act, s 37 (1) (d)
(1) A chiropractor must maintain a policy of professional indemnity insurance at a level approved by the board.
(2) However, subsection (1) does not apply to a chiropractor if the chiropractor—
(a) is covered by professional indemnity insurance (the other insurance ) other than insurance maintained by the chiropractor; and
(b) only practises as a chiropractor while covered by the other insurance.
13.7 Conditional registration for non-practising chiropractors—Act, s 37 (5) (b)
(1) This section applies if—
(a) a person has applied for registration as a chiropractor; and
(b) the board is satisfied that the person does not intend to practise as a chiropractor, whether or not because the person is retired.
(2) The board may register the person on condition that the person must not practise as a chiropractor.
13.8 Conditional registration not limited
This schedule does not limit when a chiropractor may be conditionally registered or the conditions that may be imposed on registration.
13.9 Registration end date—regulation, s 120 (b) (i) and s 121 (c)
The registration end date for a certificate of registration is 31 August following registration.