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Facts about Regulation

Regulation may be defined as the forms and processes
whereby order, consistency and control are brought to
a profession and its practice. In the context of professional
governance, regulation is responsible for defining and
describing the practice of the profession, including
the requirements necessary for practise.
While the main purpose of professional regulation is
the protection of the public’s health and interest,
professions and their members benefit from regulation
by the establishment of guidelines and standards for
practice and the development of standards for educational
preparation. The public interest purpose of regulation
can generally be said to emanate from two societal values.
These values are:
* Consumers rights must be protected and promoted;
and
* The public lacks the specialised knowledge necessary
to accurately determine the service being purchased.
In general terms, the responsibility of the Board is
to all times act in the public’s interest. Whilst
this may seem a concept that is difficult to define,
the overriding principle is that the Board’s focus
for decision making must be balanced on the broader
public interest (ie. what is in the interest of the
greater public health as it relates to podiatry); even
if as a result there may be a perceived negative outcome
for the profession.
The public interest has been defined in various ways
including:
* "something which is of serious concern or benefit
to the public.” (British Steel Corporation v Granada
Television Lts (1980) 3 WLR 780)
* "an ill defined or amorphous concept that eludes
definition even by jurists and whose meaning may vary
at the whim of a Minister or Official.” (Senate
Standing Committee on Constitutional and Legal Affairs
1979 Report on the Freedom of Information Bill 1978
para 5.21)
* "a convenient and useful concept for aggregating
any number of interests that may bear upon a disputed
question that is of general – as opposed to merely
private – concern.” (Senate Committee Report
1979 (ibid) para 5.25)

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