Australian Capital Territory Repealed Acts

This legislation has been repealed.

DENTISTS ACT 1931 (REPEALED) - SECT 79

    (1)     A person liable to pay fees or remuneration for a dental service may, within 6 months after service on him or her of an account for the fees or remuneration in accordance with section 78, apply in writing to the board to review the account.

    (2)     The board shall, on such an application, review the account and certify, by writing signed by the chairperson or deputy chairperson, the amount that, in the board's opinion, is a reasonable amount of fees or remuneration for the dental service.

    (3)     The board shall, in the certificate, set out the facts on which the certificate is based.

    (4)     The board may require a person to give the information that it considers appropriate or desirable for the purpose of a review under this section and may fix a time within which the information shall be given.

    (5)     If a person does not give, within the time fixed, the information required by the board under subsection (4), the board may proceed to review an account for fees or remuneration for a dental service without the information.

    (6)     In reviewing an account for fees or remuneration for a dental service, the board is not required to conduct a formal hearing, but the board shall inform the parties to the application of any information given to the board under subsection (4).

    (7)     In reviewing an account for fees or remuneration for a dental service, the board shall have regard, in particular, to—

        (a)     the time occupied in giving, and the nature of, the dental service; and

        (b)     the distance between the dental surgery or residence of the registered dentist and the place where he or she gave the dental service; and

        (c)     the hours of the day or night when he or she gave the dental service; and

        (d)     the degree of skill, knowledge or experience required in the giving of the dental service; and

        (e)     whether the registered dentist gave the dental service in the capacity of specialist, consultant or dentist in general practice; and

        (f)     any special circumstances submitted by the registered dentist.

    (8)     The board shall send a copy of a certificate of the board under subsection (2) by post to the person who gave the dental service at his or her business address, or at his or her professional address or at 1 of his or her professional addresses, last known to the board.

    (9)     In proceedings for the recovery of fees or remuneration in relation to a dental service, a certificate of the board under subsection (2) in relation to that dental service is evidence that the amount certified in the certificate is a reasonable amount of fees or remuneration for the dental service.