The Board’s demand is almost certainly ultra vires, founded on a misunderstanding of the limited powers granted to the Board by the Health Practitioner Regulation National Law. In a paper that Angela O’Brien-Malone circulated on 3 December 2010 to university psychology departments around Australia, we argued that, were the Board able to effect its claim, it would subvert the explicit object and purpose of the Health Practitioner Regulation National Law, have a seriously adverse effect on the discipline of psychology in Australia, and and have a substantive negative effect on the national supply of health practitioners. Our paper, entitled Beyond Its Power and Against the National Interest, can be downloaded here.
Contributors: Mark R. Diamond