Code of Conduct AND Section 65 Report Committee AND Christmas Closure
CODE OF CONDUCT
At its meeting on 5 December 2007 the Board adopted the new Code of Professional Conduct & Practice which was revised in accordance with the provisions of the new legislation. The Code is available to download/print from this website under
Publications - Code of Conduct, and will be posted to the profession and other relevant stakeholders in the New Year, as well as being published in the Government Gazette.
IMPORTANT NOTE: The Code has been prepared and endorsed by the Board as an appropriate statement governing the practice and conduct of registered persons. The Code has been submitted to the Minister for approval pursuant to the provisions of the Act. Upon such approval being given, any breach of the Code will, of itself, amount to unprofessional conduct. However, prior to the giving of approval, the Code is still effective as a statement endorsed by the Board and may be tendered in disciplinary proceedings as evidence of appropriate standards adopted and applied within the profession.
SECTION 65 REPORT COMMITTEE
Pursuant to Section 65 of the Chiropractic & Osteopathy Practice Act 2005, it is a statutory obligation on a registered practitioner to notify the Board:
- within 30 days after a claim for damages or other compensation for alleged negligence has been made; and
- within 30 days after any order is made by a court to pay damages or other compensation or any agreement has been entered into for payment of a sum of money in settlement of that claim (whether with or without a denial of liability),
of information prescribed in
Regulation 13 under the Act.
Failure to notify the Board as above is an offence under the Act liable to prosecution (maximum $10,000 penalty) or disciplinary proceedings may be instituted for unprofessional conduct.
The responsibility for providing this information lies squarely on the practitioner concerned – not on the insurer or legal representatives of the practitioner.
The information required in (a) above includes full details of the alleged negligence and full details of the injury or loss suffered or allegedly suffered by the claimant. A Statement of Claim and solicitor’s correspondence (including any letter of claim or demand for damages or other compensation prior to the institution of proceedings), and a report of the incident and case notes from the practitioner, is the minimum the Board would accept.
This information will be referred by the Board to its Section 65 Report Committee to determine whether any immediate action is required to protect the health and safety of the public pending settlement of the claim.
The information required in (b) above includes details of any change in information previously provided to the Board and full details of the order or terms of agreement (including the amount ordered or agreed to be paid) – whether confidential or not.
These details will again be considered by the Board’s Section 65 Report Committee to determine whether the conduct may give cause for disciplinary action against the practitioner.
CHRISTMAS CLOSURE
The office of the Board will be closed from 12noon on Friday 21 December 2007 and will re-open on Wednesday 2 January 2008.
Board members and staff wish everyone a Merry Christmas and a Happy & Safe New Year.