Psychologists Registration Regulations 1980

Psychologists Registration Regulations 1980

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and on the recommendation of the Psychologists' Registration Board, hereby make the following regulations under the Psychologists Registration Act 1976 .

G. S. M. GREEN, Deputy Governor,

for and on behalf of the Governor

By His Excellency's Command,

B. K. MILLER

Minister for Health Services

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Psychologists Registration Regulations 1980 .

2.   Commencement

These regulations shall take effect on the first day of the month immediately preceding the date on which the making of the regulations is notified in the Gazette.

3.   Interpretation

In these regulations, a reference to a form, quoted by a numeral, means a reference to such of the forms in Schedule 1 as is so numbered.

PART II - Registration, cancellation, etc., of registered psychologists

4.   Application for registration

For the purposes of section 14(3) of the Act, an application under that section shall be in accordance with Form 1 and shall be accompanied by the fee prescribed in Schedule 2 .

5.   Application for renewal of registration

For the purposes of section 15(1) of the Act, an application for renewal of registration shall be accompanied by the fee prescribed in Schedule 2 .

6.   Practice of psychology by unregistered persons

A registered psychologists may authorize or permit a person who is not registered as a psychologist to practise as a psychologist or carry out a psychological practice for or on his behalf if that person is the holder of a permit granted in accordance with regulation 7 and the person complies with the terms and conditions endorsed on the permit by the Board.

7.   Grant of permit to carry out certain psychological practices

(1)  Subject to subregulation (2) , a person who is not a registered psychologist may make application to the Board in accordance with Form 1 for a permit to practise psychology under the supervision of a registered psychologist.

(2)  The Board may grant a permit under this regulation if the person making the application referred to in subregulation (1) proves to the satisfaction of the Board –

(a) that he has completed at least a 3 years' course of study in psychology; and

(b) that the course of study is such that it qualifies him to be a fit and proper person to carry out a psychological practice in accordance with the terms and conditions of a permit granted by the Board.

(3)  A permit granted under this regulation –

(a) shall be in accordance with Form 1 ; and

(b) shall specify the period for which, and the terms and conditions subject to which, it is granted.

(4)  [Regulation 7 Subregulation (4) amended by No. 35 of 1995, Sched. 1, Applied:15 Sep 1995] A person to whom a permit is granted under this regulation who contravenes or fails to comply with any term or condition of the permit is guilty of an offence and is liable on summary conviction to a fine not exceeding 1 penalty unit.

8.   Cancellation, &c., of permits

(1)  Where a registered psychologist becomes aware of the failure by the holder of a permit granted under regulation 7 who is under his supervision to comply with the terms and conditions of the permit, he shall, as soon as practicable, notify the Board of that failure.

(2)  The Board may, in its discretion, cancel the permit in respect of a person who is convicted of an offence as referred to in regulation 7(4) .

PART III - Advertising

9.   Signs or plates, at professional or other premises

(1)  Subject to regulation 10 , a registered psychologist may exhibit, or cause to be exhibited, at premises –

(a) at which he ordinarily carries on the practice of psychology; and

(b) at premises at which he carries on such a practice at irregular intervals, not exceeding 30 days –

a sign or plate which contains his name, professional qualifications, the days on which or the hours during which he, or a psychologist employed by him, carries on practice at that address and the telephone number of that address.

(2)  A sign or plate referred to in subregulation (1) shall not –

(a) exceed 300 millimetres in height or 600 millimetres in length; or

(b) contain lettering exceeding 75 millimetres in height.

10.   Advertising generally

(1)  Subject to subregulation (2) , a registered psychologist may publish, or cause to be published on a card, in a local newspaper, or in such other form of publication as is approved by the Board an advertisement –

(a) stating his name, professional qualifications, the address or addresses at which, and the hours during which, he carries on business, and the telephone number of that address or those addresses; and

(b) containing such other information as the Board may approve.

(2)  A registered psychologist shall not publish or cause to be published an advertisement referred to in subregulation (1) except for the purpose of advertising that he –

(a) had commenced practice at the address or addresses referred to in that subregulation;

(b) will be absent from that practice for the period of, or a period exceeding, the prescribed period;

(c) has resumed practice; or

(d) has changed the address or addresses at which he carries on his practice or the hours of his practice, or both.

(3)  In subregulation (1) "prescribed period" means a continuous period of 2 weeks.

(4)  A registered psychologist shall not publish or cause or permit to be published, on a card, in a newspaper, or in such other form of publication approved by the Board, an advertisement that wholly or in part is in such form or type as to place undue emphasis on all or any part of the advertisement.

(5)  An advertisement inserted in a newspaper or other publication approved by the Board as mentioned in subregulation (4) shall be a single column advertisement not exceeding 25 millimetres in length and shall not be inserted in more than 3 publications of that newspaper or other publication for the purpose of advertising the matters specified in subregulation (2) .

11.   Prohibition, and restriction, &c., of advertising professional ability

A registered psychologist shall not –

(a) hold himself out as qualified to treat, or invite a person to consult him with respect to, any particular individual case or cases; or

(b) advertise in a manner calculated, or likely to be derogatory of, or disparaging, any other registered psychologist.

12.   Entries, &c., by registered psychologists in telephone directories

(1)  An entry inserted by a registered psychologist in a telephone directory shall be in standard print.

(2)  An entry referred to in subregulation (1) shall contain the following particulars:

(a) the name of the registered psychologist;

(b) the professional qualifications of the registered psychologist;

(c) the private or business address or addresses of the registered psychologist, or both, and its or their telephone numbers; and

(d) such other information as the Board may approve.

PART IV - Miscellaneous

13.   Fees

The fees specified in Schedule 2 are prescribed for the purposes of the Act.

14.   Offences

(1)  A registered psychologist shall not advertise the practice of his profession otherwise than in accordance with these regulations.

(2)  A registered psychologist who –

(a) fails to comply with regulation 8(1) , 9 , 10(1) , 10(5) , or 12 ; or

(b) contravenes subregulation (1) or regulation 10(2) , 10(4) or 11  –

is guilty of an offence against these regulations and is liable on summary conviction to a penalty not exceeding $100.

15.   Rescission

The Psychologists Registration Regulations 1979 are rescinded.

16.   Savings

(1)  Where, before the commencement of these regulations, an application was made under regulation 4 , 5 or 7 , as the case may be, of the former regulations, that application shall, on that commencement, be deemed to have been made under regulation 4 , 5 or 7(1) , as the case may be, of these regulations.

(2)  Where, before the commencement of these regulations, a person who was not at that commencement, a registered psychologist was authorized or permitted under regulation 6 of the former regulations by a registered psychologist to practise as a psychologist or carry out a psychological practice for or on his behalf, that authorization or permission, shall, on that commencement, be deemed to have been given under regulation 6 of these regulations.

(3)  Where, before the commencement of these regulations, a permit was –

(a) granted by the Board under regulation 7(2) of the former regulations that permit shall, on that commencement, be deemed to have been granted under regulation 7(2) of these regulations; or

(b) cancelled under regulation 8 of the former regulations, that cancellation shall, on that commencement, be deemed to have been made under regulation 8(2) of these regulations.

(4)  In this regulation "former regulations" means the Psychologists Registration Regulations 1979, as in force immediately before the commencement of these regulations.

SCHEDULE 1 - Forms

Form 1

Form 2

Form 3

SCHEDULE 2 - Fees

Regulation 13

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 8 October 1980

These regulations are administered by the Mental Health Services Commission.