Physiotherapists Registration Board of Western Australia

Complaints Procedures

The Act enables the Board to refer allegations against registered physiotherapists to the Complaints Assessment Committee (CAC), where it is considered a registered physiotherapist may have committed a breach of the provisions of the Act or Regulations. Section 48 of the Act provides details as to issues that are disciplinary matters, namely:

the contravention of a condition applying to the physiotherapist registration or the practice of physiotherapy;
carelessness;
incompetence;
breaches of the Act;
failure to comply with an undertaking given to the Board under the Act;
the provision of services that were excessive, unnecessary or not reasonably necessary for the recipient’s wellbeing; and
conviction of an offence the nature of which renders the physiotherapist unfit to practise as a physiotherapist.

The Board does not have the ability to award costs to a complainant or to order any refund of fees or other related matters.

When the CAC receives a complaint against a registered physiotherapist:
- an acknowledgment letter is forwarded to the complainant;
- a copy of the allegation is provided to the physiotherapist, requesting his/her response to the allegation; and
- a copy is forwarded to the Office of Health Review for its information.
On receipt of the response from the physiotherapist, both the initial complaint and the response from the physiotherapist are included on the next available agenda for consideration at a CAC meeting.
After consideration at a CAC meeting, the Committee must decide which type of disciplinary matter is being considered.
The CAC then determines whether the respondent was, at the time of the alleged matters, a physiotherapist.
Following the above, the CAC then determines which of the following courses of action is required:
1. refer the matter to the Board for action;
2. reject the complaint;
3. deal with the complaint, in the case of a complaint relating to a disciplinary matter; or
4. refer the complaint to the Impairment Review Committee, in the case of a complaint relating to an impairment matter.
To determine the action required, the CAC will consider the following:
- Is the public in imminent danger?
- Is the complaint frivolous?
- Should the matter be referred to the Impairment Review Committee?
- Does the matter relate to an alleged breach of an undertaking?
- Should it deal with the matter?
If the CAC decides to deal with the matter, then the following procedures are used to investigate the complaint:
1. An acknowledgment letter is forwarded to the complainant, a copy of the allegation is provided to the physiotherapist requesting his/her response to the allegation, and a copy of the allegation is forwarded to the Office of Health Review for its information.
2. On receipt of a response from the physiotherapist, that response and the allegation are included on the next available agenda for consideration by the CAC.
3. Before making any recommendation to the Board, the CAC may:
  1. require additional information from either the complainant and/or the physiotherapist, before making any decision; or
  2. decide to appoint an investigator in accordance with Division 7 of the Act; or
  3. obtain legal advice on whether sufficient evidence exists to warrant referring the matter to the State Administrative Tribunal (SAT).
On completion of its investigation, the CAC must make one of the following recommendations to the Board:
- to make a Summary Order;
- to refer the matter to the Health Conciliation Unit;
- to settle the matter by reconciliation;
- to issue a citation or reprimand;
- to accept an undertaking;
- to make an allegation to the SAT, or
- to take no further action.
The Board may decide to accept the recommendation of the CAC or alternatively, it may choose one of the other possible recommendations. Either way, the Board has seven (7) days, from the date of making the decision, in which to advise the complainant and respondent of that decision, and must provide short particulars of the reasons for the decision.

PROCEEDING TO THE STATE ADMINISTRATIVE TRIBUNAL (SAT)

If the Board is of the opinion that proceeding to the SAT is not warranted, but there are still issues to be addressed, the Board may proceed with an alternative informal process, subject to the physiotherapist choosing not to proceed to the SAT (See: Alternative to referring the matter to the State Administrative Tribunal).
If the Board resolves there has not been a breach of the Act, all parties are informed accordingly and no further action is taken. This is done within seven (7) days of resolution.
If the Board resolves the matter should be referred to the SAT, the Board then prepares an application under the SAT legislation for the matter to be heard by the SAT, and includes details of the allegation it is making against the physiotherapist.
The Board’s solicitors then lodge the application with the SAT.
The Board’s solicitors then personally serve the physiotherapist with a copy of the application within seven (7) days after filing it at the SAT (if they cannot serve the physiotherapist within seven (7) days, then a request is made to the SAT for more time, with an explanation of attempts regarding service thus far).
The physiotherapist then has fourteen (14) days after service within which to respond to the application.
The SAT then convenes a directions hearing attended by the Board’s solicitor, the physiotherapist and/or his/her solicitor. At that hearing, the SAT may require both or either party to produce documents within specified timeframes. A directions hearing, if required, is usually held within a short time of the application being received. All people involved in the matter will be informed of the date.
The matter may be resolved at this stage, or a SAT member will give directions on how the matter will be handled, and further information required.

At a directions hearing, the matter may be scheduled for:
- mediation;
- compulsory conference; or
- final hearing.
The SAT then convenes a hearing to hear the allegation. The Board’s solicitor will present the case for the Board and introduce evidence and/or witnesses where applicable, while the physiotherapist’s solicitor will have the opportunity to examine and cross-examine witnesses and introduce evidence and/or witnesses on behalf of the physiotherapist.

The SAT's final decision is delivered as soon as possible following the hearing, and reasons for the decision are given.
If the physiotherapist is found guilty by the SAT of a disciplinary matter pursuant to the Physiotherapists Act, the SAT will also determine the penalty, which may include one or more of the following:
1. order the Registrar to amend the particulars entered in the Register in respect of the physiotherapist;
2. caution or reprimand the physiotherapist;
3. require the physiotherapist to provide further services at no cost or at an amount determined by the SAT if the complainant agrees;
4. require the physiotherapist to pay, wholly or in part, for further services to be provided to the complainant by another physiotherapist;
5. require the physiotherapist to reduce or refund the fees paid by the complainant to an extent determined by the SAT;
6. order that the physiotherapist comply with such conditions as the SAT may impose on the registration of the physiotherapist;
7. require the physiotherapist to complete educational or clinical courses or both, or to practise under supervision for a period specified by the SAT;
8. require the physiotherapist to seek and implement advice from a nominated person or persons in relation to the management and conduct of the physiotherapist’s practice of physiotherapy;
9. order the physiotherapist to pay a penalty not exceeding $25,000;
10. order the physiotherapist’s registration be cancelled, and the name removed from the Register;
11. order that the physiotherapist be suspended from the practice of physiotherapy, either generally or in relation to specified circumstances, for a period not exceeding two (2) years.
All parties are informed of the progress and outcome of the hearing, and notices are placed in the Government Gazette and the Australian Physiotherapy Association Branch Newsletter. All Australian registration boards and the Australian Physiotherapy Association are also advised.
Neither the SAT nor the Board has the power to order payment of compensation.
Each party to the matter, i.e. the Board and the physiotherapist, pay their own legal costs.
Most SAT decisions can be the subject of an appeal although they can only be made on a question of law. The procedures set out in the State Administrative Tribunal Act allow an appeal to:
- The Court of Appeal (of the Supreme Court), if the decision was made by a Tribunal that included a judicial member; or
- The Supreme Court in all other SAT cases.

ALTERNATIVE TO REFERRING THE MATTER TO

THE STATE ADMINISTRATIVE TRIBUNAL

Section 60 of the Act provides the Board with an alternative course of action if:
1. the Board is of the opinion that referring the matter to the SAT is not warranted;
2. the physiotherapist has been given the opportunity to provide an explanation and the Board is not satisfied with that explanation; and
3. the physiotherapist has been offered the option of having the matter referred to the SAT and that option has not be taken up.
The Board may then impose one or more of the following penalties:
1. order that the particulars entered in the Register in relation to the physiotherapist be amended;
2. caution or reprimand the physiotherapist;
3. require the physiotherapist to:
  - give an undertaking to the Board, either with or without security, for such period as is specified by the Board in relation to the physiotherapist’s future conduct as a physiotherapist, or
  - comply with such conditions as the Board specifies in relation to the physiotherapist’s practice;
4. impose a penalty not exceeding $2,500, payable to the Board.