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P O D IA TR IS TS R E G IS TR A TIO N
B OARD
A N N U A L R EP O R T FO R TH E YEA R EN D ED
3 0 JUNE 1 9 9 8
TABLE OF CONTENTS
PRESIDENTS LETTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
CHARTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
AIMS AND OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ACCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MEMBERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ATTENDANCE AT MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administrative support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Organisational Chart - Health Professionals Registration Boards . . . . . . . . . . . . . . . . . . . . . . . .
NSW Government Action Plan for Women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Year 2000 (Millennium bug) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
3
3
3
5
6
6
REVIEW OF OPERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
REGISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Complaints Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
LEGISLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Amendments to the Podiatrists Act and Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Proposed amendments to the Act and Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 4(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Languages spoken by registered podiatrists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PODIATRISTS CODE OF PROFESSIONAL CONDUCT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PODIATRY AND SURGERY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
INFECTION CONTROL STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ONGOING CERTIFICATION OF GOOD CHARACTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
BIENNIAL JOINT MEETING (BJM) OF REPRESENTATIVES OF PODIATRISTS
REGISTRATION BOARDS, HEADS OF SCHOOLS AND THE AUSTRALIAN
PODIATRY COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
HEALTH CARE COMPLAINTS COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
EDUCATION AND RESEARCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ETHNIC AFFAIRS PRIORITY STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Overseas trained podiatrists - Recognition of qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Interpreter and Translation Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Key strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
WEBSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PUBLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
CONSULTANCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ACCOUNTS AND FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FORMAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1998/99 BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PAYMENTS PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
INVESTMENT PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
INSURANCE AND RISK MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
15
16
16
16
17
17
17
17
18
19
20
21
22
23
INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Dear Dr Refshauge
Pursuant to the provisions of the Annual Reports (Statutory Bodies) Act 1984 the New South Wales Podiatrists
Registration Board has pleasure in submitting this, the Annual Report of the Board for the period 1 July 1997 to
30 June 1998, for presentation to Parliament.
The Board is pleased to report significant progress during the period under review in the many areas within the
scope of its activities, and it places on record its appreciation of the co-operation that has been accorded its
officers.
The Members of the Board are grateful for the significant contribution made by the Board's staff in giving effect
to the functions of the Board under the Podiatrists Act and in assisting the profession generally.
Yours sincerely
R.J. Harding
PRESIDENT
1. CHARTER
The Podiatrists Registration Board is established under the provisions of the Podiatrists Act 1989 to exercise the
powers, authorities, duties and functions imposed on it by the Act. The powers and duties of the Board include:< to determine the character, subjects and conduct of examinations qualifying persons to become podiatrists
and to appoint examiners;
< to issue and cancel certificates of registration; and
< to suspend or cancel the registration of any person under the Act and to annul such suspension or
cancellation.
3. ACCESS
The Board is located at the following address:Level 2
28-36 Foveaux Street
SURRY HILLS NSW 2010
Correspondence:Secretary
Podiatrists Registration Board
PO Box K599
HAYMARKET 1238
Telephone:
Facsimile:
(02)
(02)
Hours of business:
9281 0884
9281 2030
8.30 am-5.00 pm, Monday to Friday. Cashier services cease at 4.30 pm.
4. MANAGEMENT
4.1
MEMBERSHIP
Membership of the Board is prescribed under section 19 of the Act, and comprises nine members appointed by
the Governor, of whom:<
three are registered podiatrists nominated by the Australian Podiatry Association (NSW);
Mr Raymond John Harding
President
Cert. Chiropody
Mr Luke Leonard Marsden
Dip. Chiropody
Ms Amanda Jane McDonald
Cert. Chiropody
<
two are registered podiatrists, at least one of whom has expertise in matters relating to education,
nominated by the Minister for Health;
Ms Jillian Louise Fogarty
Deputy President
Dip H. Sc (Podiatry)
Grad Dip Adult Ed
B.Ed
M. Ed. Admin
Prof Robert Stewart Kidd
Dip. Chiropody
B.A.
Ph.D
<
<
one is a person to represent the community nominated by the Minister for Health;
Mr Bruce Alan Hutton
<
one is an officer of the Department of Health nominated by the Minister for Health; and
Ms Deborah Jane Oong
B.A
<
The Board was appointed for a three year term on 27 November 1996.
4.2
ATTENDANCE AT MEETINGS
The Board met on 9 occasions during the reporting period, usually on the third Wednesday of each month. The
Board did not during October 1997, and January and April 1998.
Mr Harding
Mr Marsden
Ms McDonald
Ms Fogarty
Prof Kidd
Ms Marsh
Mr Hutton
Ms Oong
Dr Liew
4.3
attended
attended
attended
attended
attended
attended
attended
attended
attended
9
9
9
9
8
4
8
5
7
meetings
meetings
meetings
meetings
meetings
meetings
meetings
meetings
meetings
ADMINISTRATION
Administrative support
The Health Administration Corporation is responsible for the provision of efficient and effective administrative
support to the Board, including managing and paying accounts and employing staff. The Board is self funding
and costs associated with its administration were met from fees received. Funds received by the Board were
transmitted to the Corporation in accordance with the Podiatrists Act. Interest paid by the State Bank for the
year was apportioned to the Boards account.
Registration notices were issued expeditiously and routine renewals were processed within 10 days of receipt.
The Corporation also provided administrative support to the health professionals registration boards established
by the following Acts:Chiropractors and Osteopaths Act 1991
Dental Technicians Registration Act 1975
Nurses Act 1991
Optical Dispensers Act 1963
Optometrists Act 1930
Physiotherapists Registration Act 1945
Psychologists Act 1989
The staff establishment of the Health Professionals Registration Boards is the equivalent of 49 full time
positions. No variation has occurred in the last 5 years. Staff, as employees of the Corporation, derive the
benefits of the personnel policies of the Health Department including occupational health and safety, training and
equal employment opportunity practices, and are subject to the Departments Code of Conduct. The
performance of the Corporation on the personnel policies relating to the Boardsstaff is included in the annual
report of the Department of Health.
The Boards are managed by Mr J. Tzannes (Director) and Mr R. Dwyer (Deputy Director) for the Corporation.
Within the Boards accumulated funds recognition has been given to future expenditure for office relocation and
disciplinary costs.
The total administrative expenditure for all the above boards in 1997/98 was $4,342,960, compared with
$3,950,533 in 1996/97.
<
Secretary
Michael Walsh
<
Assistant Secretary
Amanda McEacharn
ORGANISATIONAL CHART
HEALTH PROFESSIONALS REGISTRATION BOARDS
It is recognised that womens issues are central to the core business of all Government agencies. The
Government is committed to ensuring that membership of Boards reflect the broader community and that in
filling current vacancies consideration is given inter-alia to the nomination of female representatives. It is the
Governments intention to progressively increase the number of women on Boards to 50% of Board
representation. It is recognised that not all nominations to Boards are made by the Minister for Health.
Nominating bodies are advised of the Governments policy in relation to female representation when vacancies
occur or when nominations for a new Board are requested.
Of the 9 members, the Board has currently 5 female members. Whilst the Board is not responsible for the
promotion of access to the profession for women it is in a position to indicate the number of women who have
satisfied registration requirements and who currently hold an authority to practise. For the reporting period the
number of female registrants was 374 (60.5% of total registrants). These figures vary during the reporting
period in line with the changing status of registrants during renewal periods.
(b)
the landlord has been requested to advise on the action which is to be taken to ensure access and services
under his responsibility are not affected by Year 2000 problems, such as electricity supply, lifts and air
conditioning; and
assurances have been received that the Boards security entry system is Year 2000 compliant.
5.
5.1
REVIEW OF OPERATIONS
REGISTRATION
The Board maintained the Register of podiatrists as required under the provisions of section 9 of the Act.
Registered podiatrists
Registrations
Podiatrists Act
NSW Graduates
Interstate Graduates
Overseas Graduates
Mutual recognition
Restorations
Removal of names from Register
Unfinancial
Changes of Name
as at 1 July 1997
as at 30 June 1998
638
657
45
36
24
7
5
9
19
45
45
6
The Board noted that two podiatrists whose names were restored to the Register were apparently practising
whilst unregistered in breach of section 4 of the Act. The Board expressed concern that not only had the
podiatrists breached the Act, their professional indemnity insurance may have been void in the event of an
accident, and their patients may not have been able to claim from their health insurers for services the podiatrists
provided during the period. In each case the Board directed the Secretary to advise the podiatrists that it was
their responsibility to ensure that the annual roll fee was paid by the due date, and that they should take steps to
ensure that a similar situation does not occur in the future.
The Board noted advice from the Minister for Health concerning the Health Professionals (Special Events
Exemption) Act 1997, which allowed visiting health professionals to provide health care services in NSW in
connection with special events without becoming registered under State law.
The Board noted advice from the NSW Cabinet Office concerning the commencement of the Trans-Tasman
Mutual Recognition Act 1997, on 1 May 1998, which extended mutual recognition arrangements to New
Zealand.
5.2
COMPLAINTS
The Health Care Complaints Act 1993 requires the Board and the Health Care Complaints Commission (HCCC)
to advise each other of complaints received and to consult concerning resolution of complaints. To assist in the
administrative arrangements to implement the requirements of the Act the Board has established a Complaints
Committee to consider complaints and consult with the Commission, and delegated to the Committee the
authority to make decisions with respect to complaints. Complaints concerning the provision of services by
podiatrists are referred to the Committee for consideration. Complaints concerning alleged breaches of the Act
or Regulation are considered by the Board.
Complaints Committee
The Committee comprised Mr Harding, Ms Fogarty and Ms Marsh. An officer of the HCCC attended meetings
as an observer. The Committee met on 5 occasions and considered 5 new complaints. Of these:<
<
<
The matter concerning advertising arose from an advertisement for a 24-Hour Medical Centre which appeared in
a suburban newspaper, and included the words Podiatry and Full Medicare Bulk Billing (No charge to
patients). The Committee noted that the Commission had previously considered the matter and referred it to the
Medical Board for consideration. The Committee agreed that the conjunction of the word Podiatry and the
words Full Medicare Bulk Billing (No charge to patients) in the context of the advertisement for the 24 Hour
Medical Centre was misleading. The Committee directed the Secretary to advise the podiatrist concerned of its
view so that the podiatrist could take steps to ensure that a similar situation did not occur in the future.
Two matters concerning provision of service arose from consultations between diabetic complainants and
podiatrists. The complainants maintained that the podiatrists caused infections. In one case the Committee
noted that the podiatrist concerned was unregistered at the time of the treatment complained of, and resolved to
refer the matter to the HCCC for consideration. In the other case the Committee noted that following discussions
between the HCCC officer and Mr Harding and Ms Marsh, the matter had been referred for investigation by the
HCCC. As at 30 June 1998 both matters were ongoing.
Two matters concerning provision of service arose from the prescription of orthotics by podiatrists. The
complainants maintained that the orthotics did not correct the problem, and caused pain. In one case the
Committee resolved to refer the matter to the HCCC for consideration with the recommendation that it be
referred for conciliation. As at 30 June 1998 the matter was ongoing. In the other case the Committee resolved
to endorse the Commissions recommendation that the matter be referred to the Commission for direct resolution
with the assistance of one of the Commissions patient support officers.
One matter referred to the HCCC during a previous reporting period was ongoing as at 30 June 1998.
Board
The Board considered 9 complaints. All were concerned with unregistered persons.
In one case the Board agreed that information provided by a private health fund gave rise to concern that the
person may have been practising podiatry in breach of section 4 of the Act. The Board directed the Secretary to
investigate the matter. The Board subsequently considered a report from its inspector and noted that the person
had issued receipts for chiropody services she provided in breach of section 4(1)(b) of the Act. The Board
directed the Secretary to advise the person of the provisions of section 4 of the Act and clause 21 of the
Regulation, and warn the person that further breaches of the Act by her would be referred for prosecution. The
Board subsequently considered a letter from the person and noted that she was correct in her understanding that
she should not declare or infer that she was a chiropodist or a podiatrist. As to the person continuing to
offer basic foot care to her present clients under the supervision of local general medical practitioners, the Board
directed the Secretary to specifically draw her attention to clause 21(1)(c) of the Podiatrists Regulation 1995
which provided that basic foot care may be provided by persons who are employed by a hospital, nursing home
or community health centre and provide the service as part of their normal duties in that employment.
In one case the Board considered a facsimile message from a private health fund and expressed concern that a
podiatrist may have practised podiatry prior to becoming registered. The Board directed the Secretary to refer
the matter to the podiatrist concerned and request her comments. The Board subsequently considered a letter
from the podiatrist and noted that she treated a patient prior to becoming registered. The Board expressed
concern that not only had the podiatrist breached the Podiatrists Act, her professional indemnity insurance may
have been void in the event of an accident, and her patient may not have been able to claim from her health
insurer for the service the podiatrist provided. The Board directed the Secretary to advise the podiatrist that she
should take steps to ensure that a similar situation did not occur in the future.
In one case the Board considered a facsimile message from a podiatrist and noted that a non-registered person
was identified as a podiatrist in a conference program. The Board noted the Secretarys advice that telephone
conversations with the conference Secretariat indicated that the conference organisers understood that the person
was not a podiatrist, that he was identified as a podiatrist by mistake on the part of the organisers - there was no
misrepresentation on the persons part, and a clarification of his status would be made during the conference.
The Board directed the Secretary to formally request the conference organisers to clarify the persons status
during the course of the conference.
In one case the Board considered a statutory declaration from the Australian Podiatry Association concerning the
activities of a non-registered person and agreed that the information provided gave rise to concern that the person
may have been practising podiatry in breach of section 4 of the Act. The Board directed the Secretary to
investigate the matter. The Board subsequently considered a report from its inspector and noted that no
prosecution action could be taken with respect to the matter because the conduct of the person, whilst hinging on
being unlawful, did not constitute an offence against section 4(1)(a) of the Act in that there was no evidence to
show that the person had accepted any fee or reward for services beyond the scope of her beauty therapy
treatment. The Board also noted that the statements allegedly made by the person did not conclusively infer that
she either practised or was qualified to practise podiatry. The Board directed the Secretary to advise the person
as follows.
<
<
<
<
<
The diagnosis, treatment and removal of corns, bunions, and calluses was within the scope of podiatry,
and outside the scope of beauty therapy or basic foot care.
The Skin Penetration License issued by the Health Department of the Newcastle City Council was merely
a certification that the premises in which she carried on her business met the standards and requirements
of such class of premises as set by the Council. The license was a license of the premises and did not in
any way permit or license the individual person to perform any particular trade, tasks, work or profession.
There was no such association as the Diabetics Association at Wallsend, and accordingly she should
cease representing herself as being registered with the Wallsend Diabetic Association, particularly in
response to questions relating to her qualifications to cut toenails of, and provide foot care to, diabetics.
Whilst the Board was not in a position to take any prosecution action in respect of her actions in the
present circumstances, she should cease performing any work that was within the scope of podiatry and
thereby alleviate any possible risk that she may have placed upon herself, or any other person she had
treated.
The Board, and its inspector, would remain vigilant to detect and act upon allegations of unregistered
persons practising podiatry for fee or reward and/or holding themselves out to be podiatrists in
contravention of section 4 of the Podiatrists Act.
The Board noted that it had previously recommended to the Minister for Health that section 4 of the Podiatrists
Act be amended to delete the words for fee or reward, and was advised by the Legal Branch of the Department
of Health that the matter would be considered in the context of the review of the Act arising from the National
Competition Principles Agreement. The Board directed the Secretary to refer the inspectors report to the Legal
Branch of the Department of Health for information.
In one case the Board considered a facsimile message from the Australian Podiatry Association concerning the
activities of a non-registered person and agreed that the information provided gave rise to concern that the person
may have been practising podiatry in breach of section 4 of the Act. The Board directed the Secretary to
investigate the matter. The Board subsequently considered a further facsimile message from the Association,
and a report from its inspector, and noted that the person concerned had advised the inspector that she treated
corns and callouses with a paddle. The Board directed the Secretary to advise the person of the provisions of
section 4 of the s Act and clause 21 of the Regulation, and its view that the treatment of corns and callouses was
beyond the scope of basic foot care and accordingly would breach section 4 of the Act. The Board also directed
the Secretary to advise the person of its interpretation of what constitutes Basic Foot Care in the context of the
Regulation, and advise her that further breaches of the Act and Regulation by her may be referred for
prosecution.
In one case the Board considered a letter from the Australian Podiatry Association concerning an entry in the
1998 Sydney Yellow Pages, under the heading Podiatrists, and noted that there was no registered podiatrist
working in the business. The Board agreed, under the circumstances, that the entry breached section 4 of the Act
and directed the Secretary to advise the principal of the business to discontinue such advertising or risk
prosecution.
In one case the Board considered a letter from a podiatrist, and a report from its inspector, concerning the
activities of a basic foot care provider. The Board noted that the person had advised its inspector that she treated
corns and callouses using corn pads, foot spa and basic foot care. The Board directed the Secretary to advise the
foot care provider of the provisions of section 4 of the Act and clause 21 of the Regulation and its view that the
treatment of corns and callouses was beyond the scope of basic foot care and accordingly would breach section 4
of the Act. The Board also directed the Secretary to advise the person of its interpretation of what constitutes
Basic Foot Care in the context of the Regulation, and advise her that further breaches of the Act and
Regulation by her may be referred for prosecution. The Board also noted that the Manager of the business at
which the foot care provider worked was responsible for the placement of a sign at the premises entitled Foot
Doctor, and for the placement of a newspaper advertisement which included the words Foot Doctor. The
Board considered that use of the description Foot Doctor breached section 4(1)(b) of the Act, and accordingly
directed the Secretary to advise the Manager of the business to discontinue using the description in her
advertising, and warn her that further breaches of the Act by her may be referred for prosecution.
In one case the Board considered a letter from a health fund concerning the activities of a podiatrist, and
expressed concern that the receipt provided by the health fund indicated that the podiatrist may have practised
podiatry during a period she was unregistered in breach of section 4 of the Act. The Board directed the Secretary
to refer the matter to the podiatrist and request her comments. The Board subsequently considered a letter from
the podiatrist, and noted her advice that the receipt was issued by another podiatrist for services that he provided.
Under the circumstances the Board resolved that further action on its part was not warranted, beyond directing
the Secretary to advise the other podiatrist that in future he should ensure that receipts that he issues for services
that he provides include his own name.
In one case the Board considered a letter from a health fund, and noted that the person concerned was not, and
never had been, registered as a podiatrist. The Board agreed that, under the circumstances, use of the description
chiropodist by the person constituted a breach of section 4(1)(b) of the Act. The Board directed the Secretary
to advise the person of the relevant provisions of the Podiatrists Act, to discontinue using the description
chiropodist in breach of section 4(1)(b) of the Act, and warn him that further breaches of the Act by him may
be referred for prosecution.
The Board considered reports from its inspector, and Mr Harding, concerning a matter that had been referred for
investigation during the previous reporting period and noted that the person concerned had agreed to remove the
words Callous or corns from a sign at the premises, and that the inspector had reported that the sign had been
amended. The Board also noted Mr Hardings advice that there was no evidence of any podiatry instruments,
and that the person made no admissions. Under the circumstances the Board agreed that further action on its
part was not warranted, beyond directing the Secretary to ensure that the person had been referred a copy of the
Act.
5.3
FEES
The fees levied for the Board's services were unchanged as follows
$
Registration
Annual Renewal
Restoration
Duplicate certificates
Additional qualifications
145
135
270
20
12
10
5.4
LEGISLATION
5.5
There were no changes to the Podiatrists Code of Professional Conduct approved by the Board under section 13
of the Podiatrists Act.
5.6
The Board considered a letter from the Australian College of Podiatric Surgeons (ACPS) concerning the ACPS
Policy and Training Document, December 1996.
With respect to the Doctor of Podiatric Surgery awarded by the ACPS the Board directed the Secretary to
reiterate its concern that it is inappropriate for a body other than a university to award Doctorates. The Board
also expressed concern that use of the qualification may mislead the public into believing that the podiatrists
concerned were medical practitioners. The Board noted that section 9 of the Podiatrists Act provides that only
qualifications and descriptions entered in the Register in respect to a registered podiatrist may be used by the
podiatrist or in the practice of podiatry. The Board directed the Secretary to advise the ACPS that it would be
unlikely to enter the Doctor of Podiatric Surgery in the Register.
5.7
The Board considered a letter from the AIDS/Infectious Diseases Branch of the Department of Health
concerning provision of infection control regulations to registered podiatrists and noted that the Health
Department had received anecdotal reports that new registrants were unaware of their obligations under the
Podiatrists Regulation 1995. The Board noted that its current procedure was to suggest that each new registrant
obtain a copy of the Podiatrists Act and Regulation from the Government Information Service.
11
The Board expressed concern that new registrants were apparently unaware of their obligations under the
Regulation, and directed the Secretary to advise the AIDS/Infectious Diseases Branch of its view that all
registrants should be aware of their obligations under the Act and Regulation. The Board resolved to henceforth
provide a copy of the Act and Regulation to each new registrant. The Board noted that the Health Department
provided a copy of the infection control regulation to each podiatrist registered in New South Wales as at 30
June 1996, and directed the Secretary to arrange for a copy of the Act and Regulation to be provided to all
podiatrists registered since 1 July 1996. The Board subsequently considered a letter from the AIDS/Infectious
Diseases Branch of the Department of Health, and noted that the Departments Infection Control Advisory
Board had considered the Boards mechanisms for advising podiatrists of the infection control regulations to be
satisfactory.
The Board resolved to support the Australian Podiatry Association (NSW) Sterilisation and Infection Control
Protocol in principle, subject to minor amendments.
5.8
The Board reviewed its annual roll fee procedures to require each registered podiatrist to provide details of the
following.
<
<
<
<
<
<
<
The Board agreed that each podiatrist must answer all of the questions asked in the notice, and sign it, in order
for their renewal to be processed. The Board agreed that a positive answer or answers to the first six questions
or a negative answer to the last question [pertaining to professional indemnity insurance], not delay the
processing of the renewal but be referred to the next meeting of the Board following receipt of the renewal for
consideration by the Board.
The Board considered correspondence between a podiatrist and the Secretary concerning the podiatrists renewal
of registration, and noted that the podiatrist had declined to answer the questions included in the revised annual
renewal notice. The Board noted that during the previous reporting period it had reviewed its procedures for
applications for registration in light of advice from the Crown Solicitors Office concerning the determination of
good character in the context of registration as a health professional and introduced more rigorous
requirements for the determination of applicants good character. The Board noted that following on from that
process concern was raised that the Board had hitherto not addressed the question of ongoing certification of
good character. The Board noted that accordingly it reviewed its annual renewal process in that light. The
Board noted that the podiatrist considered the questions asked to be an invasion of his privacy, and to go beyond
the scope of the Boards power under the Act. The Board noted that there was no specific power for it to require
podiatrists to answer the questions under section 10 of the Act [pertaining to the annual roll fee] or for that
matter any other section of the Act, but that it considered it expedient and appropriate to do so in exercising the
functions and duties imposed on it by the Act. In light of the podiatrists concerns the Board resolved to invite
the podiatrist to make a submission on an alternative strategy to satisfy the Board as to his ongoing good
character. The Board subsequently considered a letter from the podiatrist and agreed that it was satisfied, on the
basis of the podiatrists voluntary statement as to his ongoing good character.
The Board noted advice from two podiatrists concerning convictions for traffic offences and agreed that action
on its part was not warranted.
12
The Board noted advice from several podiatrists that they did not maintain professional indemnity insurance
because they had retired, or were not practising. In each case the Board directed the Secretary to advise the
podiatrists concerned that they should arrange appropriate professional indemnity insurance coverage, as
required by the Podiatrists Code of Professional Conduct approved by the Board under section 13 of the Act,
before commencing practice.
The Board noted advice from two podiatrists that they did not maintain professional indemnity insurance
because they were covered by their employers. In each case the Board directed the Secretary to advise the
podiatrists concerned that they should arrange appropriate professional indemnity insurance coverage, as
required by the Podiatrists Code of Professional Conduct approved by the Board under section 13 of the Act,
before commencing private practice.
5.9
The BJM was held in Adelaide on 11 May 1998. Mr Harding and the Secretary attended on behalf of the Board.
Prof Kidd attended on behalf of the University of Western Sydney.
The following matters were canvassed.
<
<
<
<
<
<
<
<
<
<
5.10
Mutual Recognition.
Recognition of specialties.
Podiatric Surgery.
Schedule 4 prescribing rights.
Review of registration Acts.
Australian Competition and Consumer Commission and advertising.
Podiatry workforce.
National Register.
Distribution of new graduates lists.
Research Register.
Ms M Walton, Commissioner, Health Care Complaints Commission, attended a meeting of the Board, and
advised the Board that as a consequence of a review of the Commissions stakeholder relationships she would be
seeking to meet with the Board twice per year. She noted that the meetings would provide the opportunity for
the Board to discuss the relationship, and any problems that may arise. She added that the Board was not a large
consumer of the Commissions resources, and she had no specific concerns with respect to the Board.
Ms Walton advised the Board that there was a statutory review of the Health Care Complaints Act in progress,
under the Chairmanship of Mr J Cornwall and including representatives with various agendas, which would
report to the Joint Parliamentary Committee. She noted that two main changes had been recommended as
follows.
<
<
5.11
Section 32 of the Act provides that the Board shall establish an Education and Research Account into which such
amounts as are determined by the Minister for Health shall be paid by the Board from fees collected under the
Act. During the reporting period the Minister determined that $1000.00 be paid into the account.
13
Pursuant to section 32 the monies in the account may be used for any of the following purposes:
(a)
(b)
(c)
(d)
podiatry education;
education and research for any public purpose connected with the practice of podiatry;
the publication and distribution of information concerning the Act and the Regulations;
meeting administrative expenditure incurred with respect to the Account and the purposes for which it is
used;
the Board agreed that it may be appropriate to recommend to the Minister that the annual allocation be
increased;
the Board agreed that it would be appropriate to develop policies for the disbursement of education and
research funds;
the Board noted that the sponsoring of a research prize for final year podiatry students may be one option;
the Board agreed that it would not be appropriate to allocate education and research funds for prospective
applicants to undertake undergraduate podiatry education; and
the Board agreed that it would be appropriate to develop a business plan.
The Board resolved to brief a Committee comprising Prof Kidd, Dr Liew and Ms McDonald to consider the
matter and provide advice. The Board subsequently considered a report from the Committee and agreed that
further consideration was required as to the application process, starting date, funding and criteria for
considering applications. The Board also agreed that there should be some requirement that recipients of grants
from the account provide feedback to the Board.
The Board resolved to recommend to the Minister for Health that the amount allocated for payment into the
Podiatrists Education and Research Account be increased to $5000.00, and directed the Secretary to develop an
application form for Education and Research funds for consideration. The Board subsequently referred a report
by the Secretary to its ad-hoc Committee for consideration and advice. As at 30 June 1998 the matter was
ongoing.
5.12
As noted earlier, the Board is one of eight health professional registration Boards administered by the Health
Professionals Registration Boards (HPRB) on behalf of the Health Administration Corporation. The Board, in
conjunction with the HPRB, undertook a number of initiatives to support our culturally diverse population,
including:(i)
(ii)
(iii)
(iv)
(v)
14
Key strategies
In consultation with the Ethnic Affairs Commission the EAPS plan for the Health Professionals Registration
Boards was revised during the reporting period. The EAPS statement includes initiatives relating to the Board
under the key result areas of social justice, community harmony, economic and cultural opportunities.
Within the legislative framework pathways for the registration of overseas trained professionals were applied.
Mutual recognition, (a process of recognition of the registration status of practitioners in an Australian
jurisdiction based on a current licence to practise) was extended to all New Zealand registrants.
The main initiatives of the existing statement remain the key strategies for 1998-99. These are:(i)
(ii)
5.13
promote the recognition and registration of overseas trained health professionals as provided for in
legislation; and
assist overseas trained applicants through the provision of information, interpreters and translation
services, as required, to register.
W EBSITE
5.14
PUBLICATIONS
The Board published information concerning registration as a podiatrist in New South Wales.
5.15
CONSULTANCIES
There were no consultants engaged by the Board during the reporting period.
6.
6.1
In order to comply with statutory and audit requirements the administrative operations accounts appear in the
accounts of the Department of Health for the Health Administration Corporation. Details of the administrative
operations are also contained in the notes to the education and research account set out later in the annual report.
15
6.2
PERFORMANCE
The accounts in respect of the Board's administrative operations for the year show a surplus of $41,339. This
compared favourably to the budgeted operating surplus of $17,025 as shown in last years annual report.
Reported income was $103,514 which is more than 1997/98 budget. The actual expenditure for the year was
$62,175 which was less than budget.
The reasons for this result include the fact that staff oncost charges and actual costs associated with disciplinary
hearings were below budget expectations.
6.3
1998/99 BUDGET
The Budget in respect of the administrative operation for the period 1 July 1998 to 30 June 1999 is as follows:$
INCOME:Fees
Interest
91,720
13,275
______
104,995
______
Total
Operations Surplus
Capital Expenditure
(share of purchases bought on behalf of
8 boards administered by the Health
Administration Corporation)
6.4
34,844
965
2,252
11,500
12,000
2,300
2,850
300
5,000
2,610
230
______
74,851
______
30,144
______
306
________
EXPENSES
The 1998/99 years budget includes salary oncost charges which reflect deferred liability provisions for
superannuation as well as anticipated expenditure in relation to disciplinary hearings.
16
6.5
PAYMENTS PERFORMANCE
The Board achieved its objective of paying all its accounts within the stated terms.
6.6
INVESTMENT PERFORMANCE
The Board through a Special Interest Arrangement with the Colonial State Bank of NSW earned a rate which
varied between 4.41% and 5.10% p.a. on all its funds. This rate changed each week but was applied to daily
balances.
6.7
Insurance activities were undertaken by the Department of Health Insurance cover. Insurance policies held
include:<
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<
<
Industrial Special Risks Policy to cover all buildings, plant and contents;
Comprehensive Motor Vehicle Insurance Policy;
Public/Liability Insurance Policy; and
Personal Accident Policy.
6.8
The Board has planned to publish 200 copies of the Annual Report at an approximate cost of $1.97 per copy.
17
6.9
18
6.10
19
6.11
20
6.12
STATEMENT OF INCOME AND EXPENDITURE FOR THE YEAR ENDED 30 JUNE 1998
21
6.13
22
6.14
NOTES TO AND FORMING PART OF THE ACCOUNTS FOR THE YEAR ENDED 30 JUNE 1998
23
24
25
26
INDEX
ACCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ACCOUNTS AND FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
1998/99 BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ANNUAL REPORT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
BALANCE SHEET AS AT 30 JUNE 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
FORMAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
INDEPENDENT AUDIT REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
INSURANCE AND RISK MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
INVESTMENT PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
NOTES TO AND FORMING PART OF THE ACCOUNTS FOR THE YEAR ENDED
30 JUNE 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PAYMENTS PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
STATEMENT BY MEMBERS OF THE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 1998 . . . . . . . . . . . . . . . . . . . 22
STATEMENT OF INCOME AND EXPENDITURE FOR THE YEAR ENDED 30 JUNE 1998 . . . . . 21
AIMS AND OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
CHARTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ATTENDANCE AT MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
MEMBERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
PRESIDENT'S LETTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
REVIEW OF OPERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 6
BIENNIAL JOINT MEETING (BJM) OF REPRESENTATIVES OF PODIATRISTS
REGISTRATION BOARDS, HEADS OF SCHOOLS AND THE AUSTRALIAN PODIATRY
COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 8
CONSULTANCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
EDUCATION AND RESEARCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ETHNIC AFFAIRS PRIORITY STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 15
FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
HEALTH CARE COMPLAINTS COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
INFECTION CONTROL STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
LEGISLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ONGOING CERTIFICATION OF GOOD CHARACTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PODIATRISTS CODE OF PROFESSIONAL CONDUCT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PODIATRY AND SURGERY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PUBLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
REGISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
WEBSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Pran8618
27