KHALIFEH v DISTRICT COURT & ANOR [2001] NSWCA 333

KHALIFEH v DISTRICT COURT & ANOR [2001] NSWCA 333

A person not registered under the Physiotherapists Registration Act 1945 cannot lawfully use the title 'physical therapist', and mere use of the title by such a person establishes guilt for the statutory offence, regardless of belief, intent, or nursing registration.

Parties
Applicant: Christian Khalifeh; First Opponent: District Court; Second Opponent: Physiotherapists Registration Board
Jurisdiction
Australia
Judgment Date
11 September 2001
Procedural Posture
Appeal / Court of Appeal Determination on Prerogative Relief Following District Court Conviction and Appeal
Outcome
Summons dismissed with costs.
Legal Topics
Use of Professional Titles, Physiotherapists Registration Act 1945 S26(1)(b), Nursing and Physiotherapy Practice
Professional Discipline Use of Professional Titles Physiotherapists Registration Act 1945 S26(1)(b) Nursing and Physiotherapy Practice

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Parties

Christian Khalifeh

Applicant

District Court

First Opponent

Physiotherapists Registration Board

Second Opponent

Procedural Posture

Appeal / Court of Appeal Determination on Prerogative Relief Following District Court Conviction and Appeal

Legal Issues

  1. 1 Whether a registered nurse can use the title 'physical therapist' without registration under the Physiotherapists Registration Act 1945
  2. 2 Proper construction of s26(1)(b) of the Act

Ratio Decidendi

A person not registered under the Physiotherapists Registration Act 1945 cannot lawfully use the title 'physical therapist', and mere use of the title by such a person establishes guilt for the statutory offence, regardless of belief, intent, or nursing registration.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed with costs.