Podiatrists Registration Board - Tasmania - image






Podiatrists Registration Board - Tasmania - Walk up image


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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