1)   Section 14 - Functions of Board

Proposed Amendments

New clause to be inserted as follows:
(ga)   to examine whether there are opportunities for enhanced competition, in the public interest, in the provision of psychological services, or any unnecessary impediments to such competition, and provide advice to the Minister;

In clause (h) after the word Minister insert the words on any other matter.

Board Comments

The Board does not support this amendment. It is not the role of the Board to provide policy advice to the Government on opportunities to enhance competition in the public interest in the provision of psychological services. The amendment is not consistent with the objectives of the Act and the Board agrees with the comments of the Hon. G E Gago in the Legislative Council.


2)   Section 46 - Constitution of Board for purpose of proceedings

Proposed Amendments

In clause (1) delete 3 members and replace with 4 members.

Delete clause 1(b) and replace as follows:
(b)   2 will be members who are psychologists.

Board Comments

The Board does not support increasing the number of Board members on the tribunal from 3 to 4 and again agrees with the comments of Hon. G E Gago. The main concern of the Board is that there could be a situation whereby the decision of members is equally split and a majority decision (as required by Clause 46(5) of members cannot be reached.
Given that the presiding officer of the tribunal cannot exercise a casting vote, the tribunal would be hung and unable to make a decision. This situation would be intolerable.


3)   NEW Section 35A - Restriction on administration and interpretation of certain psychological tests

Proposed Amendments

New Section to be included as follows:

35A

1. A person must not personally administer or interpret a prescribed psychological test unless -
   • the person is a psychologist or psychiatrist acting in the ordinary course of his or her profession; or
   • the person administers or interprets the test under the direct supervision of a psychologist or psychiatrist; or
   • the person administers or interprets the test with the approval of the Board.
     Maximum penalty: $75,000
2. An applicant for approval under this section must, if the Board so requires, provide the Board with specified information to enable the Board to determine the application.
3. The Board may, before giving its approval under this section, require the applicant to obtain qualifications or experience specified by the Board and for that purpose may require the applicant to undertake a specified course of instruction or training.
4. An approval under this section may be subject to such conditions as the Board thinks fit.
5. A person must not contravene, or fail to comply with, a condition of the person's approval under this section.   Maximum penalty: $75,000.
6. If a person contravenes, or fails to comply with, a condition of the person's approval under this section, the Board may, by written notice to the person, revoke the approval.
7. In this section - psychiatrist means a medical practitioner registered on the specialist register under the Medical Practice Act 2004 in the specialty of psychiatry.

Board Comments

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