Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Schedule 14 Osteopaths
(see s 4 and sch 1)
Note to sch 14
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.
14.1 Definitions—sch 14
"board" means the ACT Chiropractors and Osteopaths Board.
"chiropractor" means an individual who is registered as a chiropractor under schedule 13.
"osteopath" means an individual who is registered as an osteopath under this schedule.
"regulatory authority "means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate osteopathy in the jurisdiction or place.
Note A local jurisdiction is a State or New Zealand (see Act, dict).
14.2 General area of operation of osteopathy profession—Act, s 22 (1) (a)
The practice of osteopathy involves a service, attendance or procedure, or giving of advice, that involves 1 or more of the following:
(a) diagnosing and removing biomechanical derangements or somatic dysfunction that affect the human body, including the fluid systems and neural tissues;
(b) applying manual pressure to any part of the human body that affects an appendicular joint or segment of the vertebral column.
14.3 Qualifications as suitability to practise requirements for osteopaths—Act, s 23 (a)
(1) To practise as an osteopath, an individual—
(a) must be a graduate of a course of education or training in the ACT or a local jurisdiction that is 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 osteopathy that the board requires; and
(ii) gained experience in osteopathy under the supervision of an osteopath whose registration entitles the osteopath to practise osteopathy 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 approved by the board or a regulatory authority; and
(ii) completed the Competency Based Screening Assessment conducted by the Osteopaths Board of New South Wales.
(2) To avoid doubt, an individual is not practising as a osteopath if the individual—
(a) is registered as a medical practitioner, chiropractor 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 an osteopath; and
(c) has appropriate training in that area.
14.4 Maintenance and demonstration of professional development, continued competence and recency of practice for osteopaths—Act, s 23 (d)
(1) To demonstrate adequate professional development at the time of application for registration as an osteopath, 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 an osteopath, 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 an osteopath, the applicant must, if required by the board, give the board written evidence—
(a) that the applicant has practised as an osteopath 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 osteopaths 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.
14.5 Board membership—Act, s 24
The board is made up as prescribed under schedule 13.
Note The elected members of the board include an osteopath elected by osteopaths (see sch 13, s 13.5 (2) (b)).
14.6 Required insurance policy—Act, s 37 (1) (d)
(1) An osteopath must maintain a policy of professional indemnity insurance at a level approved by the board.
(2) However, subsection (1) does not apply to an osteopath if the osteopath—
(a) is covered by professional indemnity insurance (the other insurance ) other than insurance maintained by the osteopath; and
(b) only practises as an osteopath while covered by the other insurance.
14.7 Conditional registration for non-practising osteopaths—Act, s 37 (5) (b)
(1) This section applies if—
(a) a person has applied for registration as an osteopath; and
(b) the board is satisfied that the person does not intend to practise osteopathy, whether or not because the person is retired.
(2) The board may register the person on condition that the person must not practise osteopathy.
14.8 Conditional registration not limited
This schedule does not limit when an osteopath may be conditionally registered or the conditions that may be imposed on registration.
14.9 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.