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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Dental Practice Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Object of Act 2
4 Definitions 2
5 Notes 4
6 Mutual Recognition laws 4
Part 2 Registration of dentists
7 Registration necessary for certain representations 5
8 Qualifications for registration 5
9 Competence 6
10 Impairment as a dentist 6
11 Full registration 6
12 Provisional registration 7
13 Temporary registration 8
14 Limited registration 9
15 Power to refuse or impose conditions on full registration 10
16 Cancellation and suspension of registration 11
Dental Practice Bill 2001
Contents
Page
17 Restrictions on registration of deregistered persons 11
18 Appeals concerning registration 11
Part 3 Registration of dental auxiliaries
19 Classes of dental auxiliary 13
20 Registration necessary for certain representations 13
21 Qualifications for registration 14
22 Competence 15
23 Impairment 15
24 Full registration 15
25 Provisional registration 15
26 Temporary registration 16
27 Power to refuse or impose conditions on full registration 17
28 Cancellation and suspension of registration 18
29 Restrictions on registration of deregistered persons 18
30 Appeals concerning registration 19
Part 4 Practice of dentistry and dental auxiliary activities
Division 1 Conduct of practice
31 Use of titles by dentists 21
32 Use of titles by dental auxiliaries 21
33 Restrictions on dental auxiliaries 22
34 Incorporated practices 22
35 Codes of professional conduct 23
Division 2 Returns and information
36 Annual return to be submitted 24
37 Notification of convictions, criminal findings and charges 26
38 Courts to provide information on convictions 26
39 Referral of mental health matters to Registrar 27
Part 5 Complaints and disciplinary proceedings
Division 1 Interpretation
40 Meaning of "professional misconduct" 28
41 Meaning of "unsatisfactory professional conduct"--dentists 28
42 Meaning of "unsatisfactory professional conduct"--dental
auxiliaries 29
43 Application of Part to incorporated practices 30
Contents page 2
Dental Practice Bill 2001
Contents
Page
Division 2 Complaints
44 Grounds for complaints 30
45 Complaint can be made even if person no longer
registered 31
46 Who can make a complaint 31
47 Complaints to be made to the Board 31
48 Form of complaint 32
49 Board to notify Commission of complaints 32
50 Board to notify person against whom complaint is made 32
51 Investigation of complaint by Board 33
52 Role of the Commission 33
53 How complaints are dealt with 33
54 Serious complaints must be referred to Tribunal 34
55 Medical examination of dental care provider 35
56 Notification of orders to employer and others 36
Division 3 Referral of complaints to Dental Care
Assessment Committee
57 Kinds of complaints that can be referred to Committee 37
58 How complaints are dealt with 37
59 Skills testing of dental care provider 38
60 Recommendations of the Committee 39
61 No legal representation for parties appearing before the
Committee 39
Division 4 Dealing with complaint by inquiry at a
meeting of the Board
62 Procedures for dealing with complaint at meeting 40
63 General procedure 40
64 Conduct of meeting 40
65 Making submissions to inquiry 40
66 Decision of the Board 41
67 Admissibility of Board's findings 42
Contents page 3
Dental Practice Bill 2001
Contents
Page
Division 5 Disciplinary powers of Board and Tribunal
68 Powers may be exercised if complaint proved or admitted 43
69 General powers of the Board 43
70 Power of the Board to recommend suspension or
cancellation of registration 44
71 Powers of the Tribunal 44
Division 6 Powers of the Board for the protection of the
public
72 Suspension or conditions to protect the public 45
73 Power to remove or alter conditions 46
74 Referral of matter to Commission 46
75 Special provisions--impairment 46
76 Tribunal to be notified of suspensions 47
77 Extension of suspension 48
78 Expiration of suspension 48
79 Duration of conditions--complaint matters 48
80 Duration of conditions--impairment matters 48
Part 6 Impairment
81 Referral of impairment matters concerning dental care
providers or students 50
82 Persons may notify Board of impairment matters
concerning dental care providers or students 50
83 Commission may refer impairment matters to Board 50
84 Panel to inquire into matters referred to it 50
85 Panel not to take action while Commission investigating 51
86 Board to give notice of proposed inquiry 51
87 Dental care provider or student entitled to make
representations 51
88 Board may require student to undergo medical
examination 51
89 Assessment, report and recommendations by Panel 52
90 Voluntary suspension or conditions on registration 52
91 Review of conditions 53
92 Some matters to be dealt with as complaints 53
93 Prohibition or conditions on student 54
94 Appeal by student against order 54
95 Confidentiality of Panel's report 55
Contents page 4
Dental Practice Bill 2001
Contents
Page
Part 7 Appeals and review of disciplinary action
Division 1 Appeals against actions of the Board
96 Appeals against actions of the Board on a complaint 56
97 Appeal against suspension or imposition of conditions by
Board--impairment matters 57
98 Appeal on point of law 58
Division 2 Appeals against actions of Tribunal
99 Preliminary appeal on point of law 58
100 Appeal against Tribunal's decisions and actions 59
101 Powers of Court on appeal 59
Division 3 Review of suspension, cancellation or
conditions
102 Right of review 59
103 Appropriate review body 60
104 Powers on review 60
105 Nature of review 61
Part 8 Dental Board
106 Constitution of the Board 62
107 Functions of the Board 62
108 Membership of the Board 62
109 Staff 63
110 Committees 63
111 Delegation of functions 64
112 Other provisions relating to the Board 64
Part 9 Dental Care Assessment Committee
113 Constitution of the Dental Care Assessment Committee 65
114 Functions of the Committee 65
115 Membership of the Committee 65
116 Other provisions relating to the Committee 65
Part 10 Impaired Registrants Panels
117 Impaired Registrants Panels 66
118 Board to constitute Panel when required 66
119 Decisions of a Panel 66
Contents page 5
Dental Practice Bill 2001
Contents
Page
Part 11 Dental Tribunal
Division 1 Constitution of the Tribunal
120 The Dental Tribunal 67
121 Chairperson and Deputy Chairpersons of the Tribunal 67
122 Tribunal to be constituted to deal with complaints etc 68
123 Effect of vacancy on Tribunal 69
124 Payment of non-legal Tribunal members 69
125 Seal of the Tribunal 69
Division 2 Proceedings of the Tribunal
126 Decisions of the Tribunal 69
127 Time when orders take effect 70
128 Powers of Tribunal exercised by Supreme Court 70
129 Registrar to be informed of disciplinary action 70
Division 3 Inquiries, appeals etc before the Tribunal
130 Jurisdiction 70
131 Notice of time and place of inquiry or appeal 70
132 Conduct of proceedings 71
133 Representation before the Tribunal 71
134 Chairperson or Deputy Chairperson not to review own
decisions 71
135 Adjournments and interlocutory orders 71
136 Tribunal to provide details of its decision 72
137 Statement need not contain confidential information 72
Part 12 Miscellaneous
138 Student registration 74
139 Approval for employment of dentists by non-dentists 74
140 Exemption from restrictions on representations for dental
technicians and dental prosthetists 74
141 Carrying on practice of deceased dentist 75
142 Civil liability of directors of incorporated practices 75
143 Application of Criminal Records Act 76
144 How notice is to be given 76
145 Service of documents on Board 76
146 Written statement of decisions 76
147 Notice of disciplinary action to other Boards 78
Contents page 6
Dental Practice Bill 2001
Contents
Page
148 False or misleading entries and statements 79
149 Evidentiary certificates and evidence of entry in Registers 79
150 Authentication of certain documents 80
151 Fees 80
152 Dental Education and Research Account 80
153 Appointment and powers of inspectors 81
154 Search warrants 83
155 Liability of officers and members 83
156 Offences by corporations 84
157 Proceedings for offences 84
158 Regulations 84
159 Amendments 86
160 Repeals 86
161 Savings and transitional provisions 86
Schedules
1 Registration procedures 87
2 Provisions relating to the members of the Board 97
3 Provisions relating to the procedure of the Board 103
4 Provisions relating to the Committee 105
5 Proceedings before the Tribunal 108
6 Amendments 114
7 Savings and transitional provisions 119
Contents page 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Dental Practice Bill 2001
Act No , 2001
An Act to provide for the registration of dentists and dental auxiliaries; to repeal the
Dentists Act 1989; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Dental Practice Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Dental Practice Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Object of Act
The object of this Act is to protect the health and safety of members of
the public by providing mechanisms to ensure that:
(a) dentists are fit to practise dentistry, and
(b) dental auxiliaries are fit to carry out dental auxiliary activities,
and
(c) dental students are fit to undertake dental studies and clinical
placements.
4 Definitions
In this Act:
Australian Dental Council means the body incorporated in Victoria
for the purpose of advising on standards for the registration of dentists,
called the Australian Dental Council.
Board means the Dental Board constituted under this Act.
Chairperson means the Chairperson of the Tribunal.
Commission means the Health Care Complaints Commission
constituted under the Health Care Complaints Act 1993.
Committee means the Dental Care Assessment Committee constituted
under this Act.
competence to carry out dental auxiliary activities has the meaning
given by section 22.
competence to practise dentistry has the meaning given by section 9.
Page 2
Dental Practice Bill 2001 Clause 4
Preliminary Part 1
complaint means a complaint against a dental care provider under
Part 5 (Complaints and disciplinary proceedings).
conduct means any act or omission.
criminal finding means a finding by a court that a person is guilty of
an offence without proceeding to conviction.
Note. Section 143 makes special provision with respect to the application for the
purposes of this Act of the Criminal Records Act 1991 in respect of criminal
findings.
Dental Auxiliaries Register means the Register of Dental Auxiliaries
kept by the Board under this Act.
dental auxiliary activity means an activity prescribed under section 19
as an authorised activity for a class of dental auxiliary.
dental auxiliary student means a student enrolled in a course of study
recognised by the Board for the purposes of section 21 (Qualifications
for registration).
dental care provider means a dentist or a dental auxiliary.
dental student means a dentistry student or a dental auxiliary student.
dentistry student means a student enrolled in a course of dental study
at a Dental School in Australia accredited by the Australian Dental
Council, being a course of study recognised by the Board for the
purposes of section 8 (Qualifications for registration).
Dentists Register means the Register of Dentists kept by the Board
under this Act.
Deputy Chairperson means a Deputy Chairperson of the Tribunal.
Director-General means the Director-General of the Department of
Health.
exercise a function includes perform a duty.
function includes a power, authority or duty.
health registration Act has the same meaning as in the Health Care
Complaints Act 1993.
Impaired Registrants Panel means an Impaired Registrants Panel
constituted under this Act.
impairment as a dental auxiliary has the meaning given by
section 23.
impairment as a dentist has the meaning given by section 10.
Page 3
Clause 4 Dental Practice Bill 2001
Part 1 Preliminary
incorporated practice means a corporation that complies with
section 34.
Mutual Recognition laws means the Mutual Recognition Act 1992 of
the Commonwealth and the Trans-Tasman Mutual Recognition
Act 1997 of the Commonwealth.
professional misconduct is defined in Part 5 (Complaints and
disciplinary proceedings).
public health organisation has the same meaning as in the Health
Services Act 1997.
registered means registered under this Act.
Registrar means the Registrar of the Board.
registration authority has the same meaning as in the Health Care
Complaints Act 1993.
restricted dental practice has the same meaning as in section 10AF of
the Public Health Act 1991.
sex/violence criminal finding means a criminal finding for a
sex/violence offence.
sex/violence offence means an offence involving sexual activity, acts
of indecency, child pornography, physical violence or the threat of
physical violence.
Tribunal means the Dental Tribunal constituted under this Act.
unsatisfactory professional conduct is defined in Part 5 (Complaints
and disciplinary proceedings).
5 Notes
Notes included in this Act are explanatory notes and do not form part
of this Act.
6 Mutual Recognition laws
This Act does not limit or otherwise affect the operation of the Mutual
Recognition laws.
Page 4
Dental Practice Bill 2001 Clause 7
Registration of dentists Part 2
Part 2 Registration of dentists
7 Registration necessary for certain representations
(1) A person who is not a registered dentist must not indicate that the
person practises dentistry or is qualified to practise dentistry.
Maximum penalty: 50 penalty units.
(2) Without limiting the ways in which a person may be taken to have
indicated that the person is qualified to practise dentistry or that the
person practises dentistry, a person is taken to have so indicated if the
person uses:
(a) any name, initials, word, title, symbol or description that
(having regard to the circumstances in which it is used)
indicates, or is capable of being understood to indicate, or is
calculated to lead a person to infer, that the person is qualified
to practise dentistry or that the person practises dentistry, or
(b) the titles "dentist", "dental surgeon" or any other name, title or
description prescribed by the regulations.
Note. Section 10AF of the Public Health Act 1991 prohibits the carrying out of
restricted dental practices by persons who are not registered dentists, medical
practitioners or certain other persons in specified circumstances (including dental
auxiliaries).
8 Qualifications for registration
(1) A person has the necessary qualifications for registration as a dentist
if the person:
(a) has such qualifications as may be prescribed by the regulations
for the purposes of this paragraph, or
(b) has successfully completed a course of study that is recognised
by the Board as meeting criteria prescribed by the regulations
for the purposes of this paragraph, or
(c) has such qualifications as may be approved by the Board on the
recommendation of an accreditation body recognised by the
Board for the purposes of this section, or
(d) has passed an examination arranged or approved by the Board
to assess the person's competence to practise dentistry.
Page 5
Clause 8 Dental Practice Bill 2001
Part 2 Registration of dentists
(2) An educational or training institution may apply to the Board for the
recognition by the Board (under subsection (1) (b)) of a course of
study offered by the institution. The institution may make application
to the Administrative Decisions Tribunal for a review of the decision
of the Board on the application.
(3) In determining for the purposes of subsection (1) (b) whether a
particular course of study meets the criteria prescribed by the
regulations, the Board may have regard to and rely on any findings
made on an assessment prepared for the Board in respect of the course
of study.
(4) In this section:
qualification means a degree, diploma, certificate or other academic
award conferred or awarded for the successful completion of a course
of training in dentistry.
9 Competence
For the purposes of this Act, a person is competent to practise dentistry
only if the person has sufficient physical capacity, mental capacity and
skill to practise dentistry and has sufficient communication skills for
the practice of dentistry, including an adequate command of the
English language.
10 Impairment as a dentist
(1) For the purposes of this Act, a person suffers from an impairment as
a dentist if the person suffers from any physical or mental impairment,
disability, condition or disorder that detrimentally affects or is likely to
detrimentally affect the person's physical or mental capacity to practise
dentistry.
(2) For the purposes of this Act, a person who habitually abuses alcohol
or is addicted to a deleterious drug is taken to suffer from an
impairment as a dentist.
11 Full registration
(1) A person is entitled to registration as a dentist if the Board is satisfied
that the person has the necessary qualifications for registration as a
dentist and is of good character.
(2) Registration under this section is full registration as a dentist.
Page 6
Dental Practice Bill 2001 Clause 11
Registration of dentists Part 2
(3) An entitlement to full registration does not prevent conditions being
imposed on that registration in accordance with this Act.
(4) Schedule 1 (Registration procedures) has effect with respect to full
registration.
Note. Under section 20 of the Mutual Recognition Act 1992 of the Commonwealth
a person is entitled to be registered as a dentist if the person is registered in
another State or a Territory for an equivalent occupation (if that State or Territory
participates in the mutual recognition scheme). The entitlement arises once the
person lodges a notice under section 19 of that Act and, until registered under this
Act, the person is then deemed (by section 25 of that Act) to be registered. See
also the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
12 Provisional registration
(1) Registration as a dentist may be granted:
(a) to a person entitled to full registration as a dentist, pending the
Board's determination of the person's application for full
registration, or
(b) to a person who will be entitled to full registration as a dentist
when a degree, diploma, certificate or other academic award to
which the person is entitled is granted or conferred, pending its
grant or conferral.
(2) Registration under this section is provisional registration as a dentist.
(3) Provisional registration is granted by the Board or the President. In the
President's absence it can be granted by any member of the Board
authorised by the Board to do so. Provisional registration is granted by
the grant of a certificate of provisional registration.
(4) A person granted provisional registration is a registered dentist until
the registration expires or is cancelled. Provisional registration expires
on the date stated in the certificate or such later date as may be fixed
by the Board.
(5) The Board may impose such conditions as it thinks fit on a person's
provisional registration and may at any time remove, add to or vary
those conditions by notice in writing to the registered person.
(6) The Board may cancel a person's provisional registration for any
reason that the Board considers proper. Cancellation does not affect
any application for registration by the person.
Page 7
Clause 12 Dental Practice Bill 2001
Part 2 Registration of dentists
(7) If a person granted provisional registration is granted full registration
before the person's provisional registration expires, the person's full
registration dates from the granting of provisional registration, unless
the Board decides otherwise.
13 Temporary registration
(1) Registration for a limited period as a dentist may be granted to a
person who is not normally resident in New South Wales, for the
purpose of enabling the person to carry out educational or research
activities or such other activities as the Board considers to be in the
public interest.
(2) Registration under this section is temporary registration as a dentist.
(3) Temporary registration as a dentist can only be granted to a person:
(a) who is registered as a dentist in accordance with a law in force
in the person's normal place of residence providing for the
registration or certification of dentists, or
(b) who holds such qualifications or has such experience in the
practice of dentistry as the Board considers satisfactory for the
purposes of temporary registration.
(4) Temporary registration is granted by the Board by the grant of a
certificate of temporary registration.
(5) A person granted temporary registration is a registered dentist until the
temporary registration expires or is cancelled. Temporary registration
expires on the date stated in the certificate unless the period of
temporary registration is extended.
(6) The Board may extend and further extend a period of temporary
registration by the issue of a further certificate of temporary
registration.
(7) The Board may cancel a person's temporary registration for any reason
that the Board considers proper. Cancellation does not affect any
application for full registration by the person.
(8) The Board may impose such conditions as it thinks fit on the
temporary registration of a person and may at any time remove, add to
or vary those conditions by notice in writing to the registered person.
Page 8
Dental Practice Bill 2001 Clause 14
Registration of dentists Part 2
14 Limited registration
(1) The Board may, with the concurrence of the Minister, grant registration
as a dentist to a person who is not entitled to full registration as a
dentist if the Board is satisfied that the person:
(a) is of good character, and
(b) has a qualification conferred or awarded for a course of training
in dentistry of 4 years or more duration conducted by an
educational institution in another jurisdiction outside the State,
(either in Australia or elsewhere), and
(c) is or was entitled to be registered or to practise dentistry in that
jurisdiction.
(2) Registration under this section is limited registration as a dentist.
(3) A person who has limited registration as a dentist may practise
dentistry only:
(a) under the supervision of a registered dentist employed in an
approved health institution, or
(b) in such part of the State or in the service of such an approved
health institution as the Minister may direct.
(4) Limited registration is granted by the grant of a certificate of limited
registration. Limited registration is granted for the period, not
exceeding 12 months, specified in the certificate.
(5) A person granted limited registration is a registered dentist until the
limited registration expires or is cancelled. Limited registration expires
on the date specified in the certificate.
(6) A certificate of limited registration may be renewed by the Board from
time to time for a period not exceeding 12 months on the application
of the person granted limited registration.
(7) The Board may impose such conditions as it thinks fit on a person's
limited registration and may at any time remove, add to or vary those
conditions by notice in writing to the registered person.
(8) The Board may cancel a person's limited registration for any reason
that the Board considers proper. Cancellation does not affect any
application for full registration by the person.
Page 9
Clause 14 Dental Practice Bill 2001
Part 2 Registration of dentists
(9) In this section:
approved health institution means:
(a) a public health organisation, or
(b) any other body or organisation, including a government
department, approved by the Minister for the purposes of this
section.
qualification means a degree, diploma, certificate or other academic
award conferred or awarded for the successful completion of a course
of training in dentistry.
15 Power to refuse or impose conditions on full registration
(1) The Board may refuse to register a person who would otherwise be
entitled to full registration as a dentist if:
(a) the Board is of the opinion, following an inquiry under
Schedule 1, that the person is not competent to practise
dentistry or suffers from an impairment, or
(b) the person has been convicted of or made the subject of a
criminal finding for an offence, either in or outside the State,
and the Board is of the opinion that the circumstances of the
offence are such as to render the person unfit in the public
interest to practise dentistry, or
(c) the person's registration under a health registration Act has
been cancelled or suspended because of conduct that would (if
the person were a registered dentist) authorise cancellation or
suspension of the person's registration under this Act, or
(d) the person's registration or certification under a dentists
registration law has been cancelled or suspended because of
conduct that would (if it occurred in New South Wales and the
person were a registered dentist) authorise cancellation or
suspension of the person's registration under this Act.
(2) As an alternative to refusing to register a person under subsection (1),
the Board may grant the person registration subject to conditions if the
Board considers that refusal of registration is not warranted and that
the person should be granted registration subject to appropriate
conditions.
Page 10
Dental Practice Bill 2001 Clause 15
Registration of dentists Part 2
(3) Conditions of registration may relate to the duration of registration, the
aspects of the practice in which the person may be engaged, and any
other matters, as the Board thinks appropriate.
Note. The Mutual Recognition laws also provide for the imposition of conditions on
registration. Conditions can also be imposed on a person's registration as a result
of disciplinary proceedings to which the person has been subject.
(4) In this section:
dentists registration law means any law of a place outside the State
that provides for the registration or certification of dentists.
16 Cancellation and suspension of registration
(1) A person ceases to be registered as a dentist if the person's name is
removed from the Dentists Register. A reference in this Act to the
cancellation of a dentist's registration is a reference to the removal of
the dentist's name from the Dentists Register.
(2) A person whose registration as a dentist is suspended is taken not to be
a registered dentist during the period of the suspension, except for the
purposes of Part 5 (Complaints and disciplinary proceedings).
17 Restrictions on registration of deregistered persons
(1) A person cannot apply for registration as a dentist (and any such
application must be rejected) if:
(a) the person's registration is cancelled pursuant to an order of the
Chairperson or a Deputy Chairperson, the Tribunal or the
Supreme Court, or
(b) the Chairperson or a Deputy Chairperson, the Tribunal or the
Supreme Court orders that the person not be re-registered.
(2) The only way such a person can again be registered is on a review
under Division 3 of Part 7 of the order by which the person's
registration was cancelled.
18 Appeals concerning registration
(1) A person who is aggrieved by any of the following decisions of the
Board may appeal to the Tribunal against the decision:
(a) the Board's refusal to grant the person full registration as a
dentist,
(b) the Board's refusal to grant the person temporary registration as
a dentist,
Page 11
Clause 18 Dental Practice Bill 2001
Part 2 Registration of dentists
(c) the Board's refusal to grant the person limited registration as a
dentist,
(d) the Board's decision to refuse to register the person under
section 15 or to grant the person registration subject to
conditions under that section,
(e) the Board's cancellation of the person's provisional registration
as a dentist, temporary registration as a dentist or limited
registration as a dentist,
(f) the Board's refusal to register the person under clause 28
(Entitlement to re-registration if fee paid) of Schedule 1.
(2) An appeal must be made within 28 days (or such longer period as the
Chairperson may allow in a particular case) after notice of the decision
is given to the person. The appeal is to be lodged with the Registrar
who is to refer it to the Tribunal.
(3) If the decision in respect of which an appeal is made was made as a
consequence of an inquiry held by the Board, the appeal is to be dealt
with by way of rehearing and fresh evidence or evidence in addition to
or in substitution for the evidence received at the inquiry may be given.
(4) An appeal does not affect any determination with respect to which it
is made until the appeal is determined.
(5) When it determines an appeal, the Tribunal may dismiss the appeal or
order that the decision of the Board be revoked and replaced by a
different decision made by the Tribunal and specified in the order. The
Tribunal may also make such ancillary orders as it thinks proper.
(6) The Tribunal's decision is taken to be a decision of the Board (but this
does not confer a right of appeal under this section in respect of the
Tribunal's decision).
(7) No appeal lies under this Act against a decision of the Board under the
Mutual Recognition laws in relation to its functions under that Act.
Note. The Mutual Recognition laws provide that a person may, subject to the
Administrative Appeals Tribunal Act 1975 of the Commonwealth, apply to the
Administrative Appeals Tribunal for a review of a decision of a local registration
authority in relation to its functions under the Mutual Recognition laws. Those
functions include registration, the imposition or waiver of conditions on registration
and the postponement, refusal or reinstatement of registration.
Page 12
Dental Practice Bill 2001 Clause 19
Registration of dental auxiliaries Part 3
Part 3 Registration of dental auxiliaries
19 Classes of dental auxiliary
(1) There are to be the following classes of dental auxiliary:
(a) dental hygienists,
(b) dental therapists,
(c) such other classes as may be prescribed by the regulations.
(2) A reference in this Act to registration as a dental auxiliary is a
reference to registration as a dental auxiliary in one or more of the
classes of dental auxiliary.
(3) The regulations are to prescribe activities as authorised activities for
each class of dental auxiliary. An activity can only be prescribed as
such an authorised activity if it constitutes a restricted dental practice.
20 Registration necessary for certain representations
(1) A person must not indicate that the person carries out dental auxiliary
activities or is qualified to carry out dental auxiliary activities unless
the person is registered as a dental auxiliary of a class for which those
activities are prescribed by the regulations as authorised activities.
Maximum penalty: 50 penalty units.
(2) Without limiting the ways in which a person may be taken to have
indicated that the person is qualified to carry out dental auxiliary
activities or that the person carries out dental auxiliary activities, a
person is taken to have so indicated if the person uses:
(a) any name, initials, word, title, symbol or description that
(having regard to the circumstances in which it is used)
indicates, or is capable of being understood to indicate, or is
calculated to lead a person to infer, that the person is qualified
to carry out dental auxiliary activities or that the person carries
out dental auxiliary activities, or
(b) the titles "dental therapist", "dental hygienist", "dental
auxiliary" or any name, title or description prescribed by the
regulations either generally or for a class of dental auxiliaries.
Page 13
Clause 20 Dental Practice Bill 2001
Part 3 Registration of dental auxiliaries
(3) This section does not apply to a registered dentist.
Note. Section 10AF of the Public Health Act 1991 prohibits the carrying out of
restricted dental practices by persons who are not registered dentists, medical
practitioners or certain other persons in specified circumstances (including dental
auxiliaries).
21 Qualifications for registration
(1) A person has the necessary qualifications for registration as a dental
auxiliary of a particular class if the person:
(a) has such qualifications as may be prescribed by the regulations
for that class of dental auxiliaries, or
(b) has successfully completed a course of study that is recognised
by the Board as meeting criteria prescribed by the regulations
for that class of dental auxiliaries for the purposes of this
paragraph, or
(c) has such qualifications as may be approved by the Board for
that class of dental auxiliaries on the recommendation of an
accreditation body recognised by the Board for the purposes of
this section, or
(d) has passed an examination arranged or approved by the Board
to assess the person's competence to carry out dental auxiliary
activities prescribed as authorised activities for that class of
dental auxiliaries.
(2) An educational or training institution may apply to the Board for the
recognition by the Board (under subsection (1) (b)) of a course of
study offered by the institution. The institution may make application
to the Administrative Decisions Tribunal for a review of the decision
of the Board on the application.
(3) In determining for the purposes of subsection (1) (b) whether a
particular course of study meets the criteria prescribed by the
regulations, the Board may have regard to and rely on any findings
made on an assessment prepared for the Board in respect of the course
of study.
(4) In this section:
qualification means a degree, diploma, certificate or other academic
award conferred or awarded for the successful completion of a course
of training in dental auxiliary activities.
Page 14
Dental Practice Bill 2001 Clause 22
Registration of dental auxiliaries Part 3
22 Competence
For the purposes of this Act, a person is competent to carry out dental
auxiliary activities only if the person has sufficient physical capacity,
mental capacity and skill to carry out dental auxiliary activities and has
sufficient communication skills for the carrying out of dental auxiliary
activities, including an adequate command of the English language.
23 Impairment
(1) For the purposes of this Act, a person suffers from an impairment as
a dental auxiliary if the person suffers from any physical or mental
impairment, disability, condition or disorder that detrimentally affects
or is likely to detrimentally affect the person's physical or mental
capacity to carry out dental auxiliary activities.
(2) For the purposes of this Act, a person who habitually abuses alcohol
or is addicted to a deleterious drug is taken to suffer from an
impairment as a dental auxiliary.
24 Full registration
(1) A person is entitled to registration as a dental auxiliary if the Board is
satisfied that the person has the necessary qualifications for
registration as a dental auxiliary and is of good character.
(2) Registration under this section is full registration.
(3) An entitlement to full registration does not prevent conditions being
imposed on that registration in accordance with this Act.
(4) Schedule 1 (Registration procedures) has effect with respect to full
registration.
Note. Under section 20 of the Mutual Recognition Act 1992 of the Commonwealth
a person is entitled to be registered as a dental auxiliary if the person is registered
in another State or a Territory for an equivalent occupation (if that State or Territory
participates in the mutual recognition scheme). The entitlement arises once the
person lodges a notice under section 19 of that Act and, until registered under this
Act, the person is then deemed (by section 25 of that Act) to be registered. See
also the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
25 Provisional registration
(1) Registration as a dental auxiliary may be granted:
(a) to a person entitled to full registration, pending the Board's
determination of the person's application for full registration, or
Page 15
Clause 25 Dental Practice Bill 2001
Part 3 Registration of dental auxiliaries
(b) to a person who will be entitled to full registration when a
degree, diploma, certificate or other academic award to which
the person is entitled is granted or conferred, pending its grant
or conferral.
(2) Registration under this section is provisional registration.
(3) Provisional registration is granted by the Board or the President. In the
President's absence it can be granted by any member of the Board
authorised by the Board to do so. Provisional registration is granted by
the grant of a certificate of provisional registration.
(4) A person granted provisional registration is a registered dental
auxiliary until the registration expires or is cancelled. Provisional
registration expires on the date stated in the certificate or such later
date as may be fixed by the Board.
(5) The Board may impose such conditions as it thinks fit on a person's
provisional registration and may at any time remove, add to or vary
those conditions by notice in writing to the registered person.
(6) The Board may cancel a person's provisional registration for any
reason that the Board considers proper. Cancellation does not affect
any application for registration by the person.
(7) If a person granted provisional registration is granted full registration
before the person's provisional registration expires, the person's full
registration dates from the granting of provisional registration, unless
the Board decides otherwise.
26 Temporary registration
(1) Registration as a dental auxiliary for a limited period may be granted
to a person who is not normally resident in New South Wales, for the
purpose of enabling the person to carry out educational or research
activities or such other activities as the Board considers to be in the
public interest.
(2) Registration under this section is temporary registration.
(3) Temporary registration can only be granted to a person:
(a) who is registered as a dental auxiliary in accordance with a law
in force in the person's normal place of residence providing for
the registration or certification of dental auxiliaries, or
Page 16
Dental Practice Bill 2001 Clause 26
Registration of dental auxiliaries Part 3
(b) who holds such qualifications or has such experience in the
provision of dental auxiliary activities as the Board considers
satisfactory for the purposes of temporary registration.
(4) Temporary registration is granted by the Board by the grant of a
certificate of temporary registration.
(5) A person granted temporary registration is a registered dental auxiliary
until the temporary registration expires or is cancelled. Temporary
registration expires on the date stated in the certificate unless the
period of temporary registration is extended.
(6) The Board may extend and further extend a period of temporary
registration by the issue of a further certificate of temporary
registration.
(7) The Board may cancel a person's temporary registration for any reason
that the Board considers proper. Cancellation does not affect any
application for full registration by the person.
(8) The Board may impose such conditions as it thinks fit on the
temporary registration of a person and may at any time remove, add to
or vary those conditions by notice in writing to the registered person.
27 Power to refuse or impose conditions on full registration
(1) The Board may refuse to register a person who would otherwise be
entitled to full registration if:
(a) the Board is of the opinion, following an inquiry under
Schedule 1, that the person is not competent to carry out dental
auxiliary activities or suffers from an impairment, or
(b) the person has been convicted of or made the subject of a
criminal finding for an offence, either in or outside the State,
and the Board is of the opinion that the circumstances of the
offence are such as to render the person unfit in the public
interest to carry out dental auxiliary activities, or
(c) the person's registration under a health registration Act has
been cancelled or suspended because of conduct that would (if
the person were a registered dental auxiliary) authorise
cancellation or suspension of the person's registration under
this Act, or
Page 17
Clause 27 Dental Practice Bill 2001
Part 3 Registration of dental auxiliaries
(d) the person's registration or certification under a dental
auxiliaries registration law has been cancelled or suspended
because of conduct that would (if it occurred in New South
Wales and the person were a registered dental auxiliary)
authorise cancellation or suspension of the person's registration
under this Act.
(2) As an alternative to refusing to register a person under subsection (1),
the Board may grant the person registration subject to conditions if the
Board considers that refusal of registration is not warranted and that
the person should be granted registration subject to appropriate
conditions.
(3) Conditions of registration may relate to the duration of registration, the
aspects of the practice in which the person may be engaged, and any
other matters, as the Board thinks appropriate.
Note. The Mutual Recognition laws also provide for the imposition of conditions on
registration. Conditions can also be imposed on a person's registration as a result
of disciplinary proceedings to which the person has been subject.
(4) In this section:
dental auxiliaries registration law means any law of a place outside
the State that provides for the registration or certification of dental
auxiliaries.
28 Cancellation and suspension of registration
(1) A person ceases to be registered as a dental auxiliary if the person's
name is removed from the Dental Auxiliaries Register. A reference in
this Act to the cancellation of a dental auxiliary's registration is a
reference to the removal of the dental auxiliary's name from the Dental
Auxiliaries Register.
(2) A person whose registration as a dental auxiliary is suspended is taken
not to be a registered dental auxiliary during the period of the
suspension, except for the purposes of Part 5 (Complaints and
disciplinary proceedings).
29 Restrictions on registration of deregistered persons
(1) A person cannot apply for registration as a dental auxiliary (and any
such application must be rejected) if:
(a) the person's registration as a dental auxiliary is cancelled
pursuant to an order of the Chairperson or a Deputy
Chairperson, the Tribunal or the Supreme Court, or
Page 18
Dental Practice Bill 2001 Clause 29
Registration of dental auxiliaries Part 3
(b) the Chairperson or a Deputy Chairperson, the Tribunal or the
Supreme Court orders that the person not be re-registered.
(2) The only way such a person can again be registered is on a review
under Division 3 of Part 7 of the order by which the person's
registration was cancelled.
30 Appeals concerning registration
(1) A person who is aggrieved by any of the following decisions of the
Board may appeal to the Tribunal against the decision:
(a) the Board's refusal to grant the person full registration as a
dental auxiliary,
(b) the Board's refusal to grant the person temporary registration as
a dental auxiliary,
(c) the Board's decision to refuse to register the person under
section 27 or to grant the person registration subject to
conditions under that section,
(d) the Board's cancellation of the person's provisional registration
or temporary registration,
(e) the Board's refusal to register the person under clause 28
(Entitlement to re-registration if fee paid) of Schedule 1.
(2) An appeal must be made within 28 days (or such longer period as the
Chairperson may allow in a particular case) after notice of the decision
is given to the person. The appeal is to be lodged with the Registrar
who is to refer it to the Tribunal.
(3) If the decision in respect of which an appeal is made was made as a
consequence of an inquiry held by the Board, the appeal is to be dealt
with by way of rehearing and fresh evidence or evidence in addition to
or in substitution for the evidence received at the inquiry may be given.
(4) An appeal does not affect any determination with respect to which it
is made until the appeal is determined.
(5) When it determines an appeal, the Tribunal may dismiss the appeal or
order that the decision of the Board be revoked and replaced by a
different decision made by the Tribunal and specified in the order. The
Tribunal may also make such ancillary orders as it thinks proper.
(6) The Tribunal's decision is taken to be a decision of the Board (but this
does not confer a right of appeal under this section in respect of the
Tribunal's decision).
Page 19
Clause 30 Dental Practice Bill 2001
Part 3 Registration of dental auxiliaries
(7) No appeal lies under this Act against a decision of the Board under the
Mutual Recognition laws in relation to its functions under that Act.
Note. The Mutual Recognition laws provide that a person may, subject to the
Administrative Appeals Tribunal Act 1975 of the Commonwealth, apply to the
Administrative Appeals Tribunal for a review of a decision of a local registration
authority in relation to its functions under the Mutual Recognition laws. Those
functions include registration, the imposition or waiver of conditions on registration
and the postponement, refusal or reinstatement of registration.
Page 20
Dental Practice Bill 2001 Clause 31
Practice of dentistry and dental auxiliary activities Part 4
Conduct of practice Division 1
Part 4 Practice of dentistry and dental auxiliary
activities
Note. Section 10AF of the Public Health Act 1991 prohibits the carrying out of restricted dental
practices by persons who are not registered dentists, medical practitioners, or certain other
persons in specified circumstances (including dental auxiliaries).
Division 1 Conduct of practice
31 Use of titles by dentists
A registered dentist must not use any certificate, diploma, membership,
degree, licence, letters, testimonial or other title, status, document or
description in relation to himself or herself as a dentist or the practice
of dentistry other than those (if any) that the Board from time to time
authorises the dentist to use.
Maximum penalty: 10 penalty units.
32 Use of titles by dental auxiliaries
(1) A registered dental auxiliary must not use the title "doctor" in the
course of carrying out dental auxiliary activities unless the dental
auxiliary is the holder of a qualification conferred by a university that
entitles the dental auxiliary to use that title and that qualification is a
recognised qualification at the time the dental auxiliary uses the title.
Maximum penalty: 10 penalty units.
(2) A registered dental auxiliary must not use the title of a particular class
of dental auxiliary unless the person is registered as a dental auxiliary
of that class.
(3) In this section:
recognised qualification means:
(a) a qualification that is prescribed by the regulations as a
recognised qualification, or
(b) when no qualification is prescribed under paragraph (a), a
qualification that is for the time being recognised by the Board
for the purposes of this section.
Note. See also section 105 (Use of misleading titles etc) of the Medical Practice
Act 1992.
Page 21
Clause 33 Dental Practice Bill 2001
Part 4 Practice of dentistry and dental auxiliary activities
Division 1 Conduct of practice
33 Restrictions on dental auxiliaries
(1) A registered dental auxiliary must not carry out a dental auxiliary
activity unless the person:
(a) is a registered dental auxiliary of a class for which the activity
is prescribed by the regulations as an authorised activity, and
(b) carries out the activity subject to the practice oversight of a
registered dentist in accordance with guidelines approved by
the Director-General from time to time.
(2) A registered dental therapist must not carry out dental auxiliary
activities except as an officer or employee of, or pursuant to an
agreement or other arrangement with, the Department of Health, a
public health organisation or a body or organisation prescribed by the
regulations for the purposes of this section.
34 Incorporated practices
(1) A registered dentist may practise dentistry as the director or employee
of a corporation if:
(a) all the shareholders and directors of the corporation are either:
(i) registered dentists, or
(ii) family members of the registered dentist or dentists
concerned, and
(b) the controlling interest in the corporation is held by a person
who is a registered dentist, or persons who are registered
dentists.
(2) In this section:
de facto partner of a registered dentist means a person with whom the
dentist has a de facto relationship (within the meaning of the Property
(Relationships) Act 1984).
family member of a registered dentist means:
(a) a spouse, de facto partner, parent, child, brother or sister of the
dentist, or
(b) a person who has a relationship with the director that is
prescribed by the regulations for the purposes of this definition.
Page 22
Dental Practice Bill 2001 Clause 35
Practice of dentistry and dental auxiliary activities Part 4
Conduct of practice Division 1
35 Codes of professional conduct
(1) The Board may establish codes of professional conduct setting out
guidelines that should be observed by registered dentists or registered
dental auxiliaries in their professional practice. The Board may from
time to time amend or replace a code of professional conduct.
(2) The Minister may require the Board to develop guidelines relating to
any conduct of registered dentists or registered dental auxiliaries that
the Minister considers should be the subject of a code of professional
conduct.
(3) For that purpose, the Minister may:
(a) direct the Board to establish a code of professional conduct, or
(b) direct the Board to amend or replace a code of professional
conduct,
so that the code includes guidelines relating to that conduct.
(4) The Board is to comply with any such direction of the Minister.
(5) The provisions of a code of professional conduct are a relevant
consideration in determining for the purposes of this Act what
constitutes proper and ethical conduct by a dentist or dental auxiliary.
(6) The procedure for the establishment of a code of professional conduct
is as follows:
(a) the Board is to prepare a proposed code in draft form and is to
prepare an impact assessment statement for the proposed code
in accordance with such requirements as the Minister may from
time to time determine,
(b) the draft code and impact assessment statement are to be
publicly exhibited for a period of at least 21 days,
(c) the Board is to seek public comment on the draft code during
the period of public exhibition and public comment may be
made during the period of public exhibition and for 21 days (or
such longer period as the Board may determine) after the end
of that period,
(d) the Board is to submit the draft code to the Minister for
approval together with a report by the Board giving details of
public comment received during the period allowed for public
comment and the Board's response to it,
Page 23
Clause 35 Dental Practice Bill 2001
Part 4 Practice of dentistry and dental auxiliary activities
Division 1 Conduct of practice
(e) the Board is not to establish the draft code as a code of
professional conduct unless the Minister approves the draft.
(7) The procedure for the amendment or replacement of a code of
professional conduct is the same as for the establishment of the code
unless the Minister otherwise directs in respect of a particular
amendment.
Division 2 Returns and information
36 Annual return to be submitted
(1) A registered dental care provider must, on or before the return date in
each year, furnish in writing to the Board in a form approved by the
Board a return for the return period specifying the following
information:
(a) details of any conviction of the dental care provider for an
offence in this State or elsewhere during the return period
(together with details of any penalty imposed for the offence),
(b) details of the making of a sex/violence criminal finding against
the dental care provider for an offence, in this State or
elsewhere, during the return period (together with details of any
penalty imposed for the offence),
(c) details of the making of a criminal finding against the dental
care provider for an offence committed in the course of the
practice or purported practice of dentistry, or the carrying out or
purported carrying out of dental auxiliary activities, in this State
or elsewhere, during the return period (together with details of
any penalty imposed for the offence),
(d) details of any criminal proceedings pending against the dental
care provider at the end of the return period, in this State or
elsewhere, for a sex/violence offence alleged to have been
committed in the course of the practice or purported practice of
dentistry, or the carrying out or purported carrying out of dental
auxiliary activities,
Page 24
Dental Practice Bill 2001 Clause 36
Practice of dentistry and dental auxiliary activities Part 4
Returns and information Division 2
(e) details of any criminal proceedings pending against the dental
care provider at the end of the return period, in this State or
elsewhere, for a sex/violence offence alleged to have been
committed against a minor or to involve child pornography
(whether or not alleged to have been committed in the course
of the practice or purported practice of dentistry, or the carrying
out or purported carrying out of dental auxiliary activities),
(f) details of any significant illness (physical or mental) from
which the dental care provider suffered at any time during the
return period and that may reasonably be thought likely to
detrimentally affect the dental care provider's physical or
mental capacity to practise dentistry or to carry out dental
auxiliary activities,
(g) details of any suspension of, cancellation of, or imposition of
conditions on, the registration of the dental care provider as a
dentist or a dental auxiliary in another jurisdiction (either within
Australia or elsewhere) during the return period,
(h) details of any suspension of, cancellation of, or imposition of
conditions on, any registration of the dental care provider under
a health registration Act during the return period,
(i) a statement as to whether the dental care provider is registered
under a health registration Act as at the date of the return,
(j) a statement as to whether the dental care provider has been
refused registration as a dentist or dental auxiliary in another
jurisdiction (either within Australia or elsewhere) during the
return period,
(k) details of any continuing professional education and
development undertaken by the dental care provider during the
return period,
(l) such other information as may be prescribed by the regulations.
(2) The Board may require a return under this section to be verified by
statutory declaration.
(3) The regulations may provide that subsection (1) (a) does not apply in
respect of particular offences.
(4) In this section:
return date means the date in a particular year notified to a dental care
provider by the Board in writing at least 1 month in advance.
Page 25
Clause 36 Dental Practice Bill 2001
Part 4 Practice of dentistry and dental auxiliary activities
Division 2 Returns and information
return period means the period of 12 months ending 2 months before
the return date in a year.
37 Notification of convictions, criminal findings and charges
(1) A registered dental care provider must notify the Board in writing
within 7 days after:
(a) the dental care provider is convicted of an offence or made the
subject of a sex/violence criminal finding for an offence, in this
State or elsewhere, giving details of the conviction or criminal
finding and any penalty imposed for the offence, or
(b) criminal proceedings are commenced against the dental care
provider, in this State or elsewhere, in respect of a sex/violence
offence alleged to have been committed in the course of the
practice or purported practice of dentistry, or the carrying out or
purported carrying out of dental auxiliary activities, or
(c) criminal proceedings are commenced against the dental care
provider, in this State or elsewhere, in respect of a sex/violence
offence alleged to have been committed against a minor or to
involve child pornography (whether or not alleged to have been
committed in the course of the practice or purported practice of
dentistry, or the carrying out or purported carrying out of dental
auxiliary activities).
(2) The regulations may provide that subsection (1) (a) does not apply in
respect of particular offences.
38 Courts to provide information on convictions
(1) As soon as practicable after a registered dental care provider is
convicted of an offence or a sex/violence criminal finding is made
against a registered dental care provider, the Clerk or other proper
officer of the court must (if the court is aware that the person is a
registered dental care provider) notify the Board of the conviction or
criminal finding together with details of any penalty imposed for the
offence.
(2) The regulations may provide that this section does not apply in respect
of particular offences.
Page 26
Dental Practice Bill 2001 Clause 39
Practice of dentistry and dental auxiliary activities Part 4
Returns and information Division 2
39 Referral of mental health matters to Registrar
If a registered dental care provider becomes a mentally incapacitated
person, the person prescribed by the regulations must cause notice of
that fact to be given to the Registrar in accordance with the regulations.
Page 27
Clause 40 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 1 Interpretation
Part 5 Complaints and disciplinary proceedings
Division 1 Interpretation
40 Meaning of "professional misconduct"
For the purposes of this Act, professional misconduct, in relation to
a registered dental care provider, means unsatisfactory professional
conduct of a sufficiently serious nature to justify suspension or
cancellation of the dental care provider's registration.
41 Meaning of "unsatisfactory professional conduct"--dentists
(1) For the purposes of this Act, unsatisfactory professional conduct, in
relation to a registered dentist, includes any of the following:
(a) any conduct by the dentist that demonstrates a lack of adequate
knowledge, skill, judgment or care in the practice of dentistry,
(b) a contravention by the dentist of a provision of this Act or the
regulations or of a condition of the dentist's registration,
(c) practising dentistry for remuneration in the course of
employment by, or in association with, a non-dentist,
(d) a failure without reasonable excuse by the dentist to comply
with a direction by the Board to provide information with
respect to a complaint under this Part against the dentist,
(e) a failure by the dentist to comply with an order made or a
direction given by the Board or the Tribunal under this Act,
(f) carrying on the business of providing dental services under a
name other than the dentist's own name, unless:
(i) the dentist's own name is used in conjunction with the
other name and the other name is that of an
incorporated practice of which the dentist is a director,
or
(ii) the dentist's own name is used in conjunction with the
other name and the other name is a registered business
name of the dentist or of an incorporated practice of
which the dentist is a director, or
(iii) the dentist is acting as the locum tenens of another
dentist,
Page 28
Dental Practice Bill 2001 Clause 41
Complaints and disciplinary proceedings Part 5
Interpretation Division 1
(g) allowing the dentist's name to be used in carrying on the
business of providing dental services at premises at which the
dentist, or a locum tenens of the dentist, is not in regular
attendance for the purposes of practice and supervision during
the hours in which the premises are open for the practice of
dentistry,
(h) any other improper or unethical conduct by a dentist in the
course of the practice or purported practice of dentistry.
(2) For the purposes of subsection (1) (c):
non-dentist means a person or body who is not a registered dentist, but
does not include any of the following:
(a) the Crown,
(b) a public health organisation or a charitable or philanthropic
institution,
(c) a local council,
(d) an incorporated practice,
(e) a registered health benefits organisation within the meaning of
the National Health Act 1953 of the Commonwealth,
(f) a friendly society within the meaning of the National Health
Act 1953 of the Commonwealth,
(g) any person or body that has been approved by the Board for the
purposes of this paragraph.
Note. Section 139 provides for the granting of approvals by the Board for the
purposes of paragraph (g).
Section 141 provides for circumstances in which a dentist may practice dentistry
as or for the legal personal representative of a deceased dentist.
42 Meaning of "unsatisfactory professional conduct"--dental auxiliaries
For the purposes of this Act, unsatisfactory professional conduct, in
relation to a registered dental auxiliary, includes any of the following:
(a) any conduct by the dental auxiliary that demonstrates a lack of
adequate knowledge, skill, judgment or care in the carrying out
of dental auxiliary activities,
(b) a contravention by the dental auxiliary of a provision of this
Act or the regulations or of a condition of the dental auxiliary's
registration,
Page 29
Clause 42 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 1 Interpretation
(c) a failure without reasonable excuse by the dental auxiliary to
comply with a direction by the Board to provide information
with respect to a complaint under this Part against the dental
auxiliary,
(d) a failure by the dental auxiliary to comply with an order made
or a direction given by the Board or the Tribunal under this Act,
(e) any other improper or unethical conduct by a dental auxiliary
in the course of the carrying out or purported carrying out of
dental auxiliary activities.
43 Application of Part to incorporated practices
For the purposes of this Part, an act or omission by an incorporated
practice is taken to be an act or omission by each director of the
incorporated practice who:
(a) is a registered dentist, and
(b) knowingly authorised or permitted the act or omission.
This Part applies accordingly to such acts or omissions.
Note. A complaint against an incorporated practice as such may be made to the
Commission. See also section 142 (Civil liability of directors of incorporated
practices).
Division 2 Complaints
44 Grounds for complaints
(1) A complaint may be made under this Act concerning:
(a) the professional conduct of a registered dental care provider, or
(b) the provision of a dentistry service by a registered dentist, or
(c) the provision of a dental auxiliary service by a registered dental
auxiliary.
Note. Subsection (1) ensures consistency between this Act and the Health Care
Complaints Act 1993 with respect to the kinds of complaints that can be made
about registered dental care providers.
Page 30
Dental Practice Bill 2001 Clause 44
Complaints and disciplinary proceedings Part 5
Complaints Division 2
(2) Without limiting the generality of subsection (1), a complaint may be
made that a registered dental care provider:
(a) has, either in or outside New South Wales, been convicted of
or made the subject of a criminal finding for an offence, and the
circumstances of the offence are such as to render the dental
care provider unfit in the public interest to be registered as a
dental care provider, or
(b) is guilty of unsatisfactory professional conduct or professional
misconduct, or
(c) in the case of a dentist--is not competent to practise dentistry,
or
(d) in the case of a dental auxiliary--is not competent to carry out
dental auxiliary activities, or
(e) suffers from an impairment, or
(f) is not of good character.
(3) A complaint need not be made in terms that are strictly in accordance
with the terminology of this section.
(4) In determining for the purposes of this Act whether a dental care
provider is of good character regard may be had to conduct of the
dental care provider before becoming registered as a dental care
provider.
45 Complaint can be made even if person no longer registered
A complaint about a registered dental care provider may be made and
dealt with even though the dental care provider has ceased to be
registered. For that purpose, a reference in this Part to a dental care
provider or registered dental care provider includes a reference to a
person who has ceased to be registered or whose registration is
suspended.
46 Who can make a complaint
Any person (including the Board) can make a complaint.
47 Complaints to be made to the Board
Complaints are to be made to the Board and are to be lodged with the
Registrar.
Note. Complaints may also be made to the Commission.
Page 31
Clause 48 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 2 Complaints
48 Form of complaint
(1) A complaint must be in writing, must identify the complainant and
must contain particulars of the allegations on which it is founded.
(2) A complaint must be verified by statutory declaration unless the
complaint is made by:
(a) a judicial officer within the meaning of the Judicial Officers
Act 1986, or
(b) a coroner, or
(c) the Minister, or
(d) the Director-General, or
(e) the chief executive officer (however described) of a public
health organisation, or
(f) the Commission, or
(g) a person or body prescribed by the regulations.
(3) The Board may consider and investigate a complaint even if it does not
comply with the requirements of this section (except the requirement
that it identify the complainant) but must not proceed to deal with the
complaint under this Part until they are complied with.
(4) The Board may require the complainant to provide further particulars
of a complaint.
49 Board to notify Commission of complaints
The Board must notify the Commission of any complaint made under
this Part and this is to be done as soon as practicable after the
complaint is made.
50 Board to notify person against whom complaint is made
(1) Written notice of the making of a complaint, the nature of the
complaint and the identity of the complainant is to be given by the
Board to the registered dental care provider against whom the
complaint is made, as soon as practicable after the complaint is made.
(2) Notice is not required to be given if the Commission is handling the
complaint.
(3) Notice is not required to be given if the giving of the notice will or is
likely to:
(a) prejudice the investigation of the complaint, or
Page 32
Dental Practice Bill 2001 Clause 50
Complaints and disciplinary proceedings Part 5
Complaints Division 2
(b) place the health or safety of a person at risk, or
(c) place the complainant or another person at risk of intimidation
or harassment.
51 Investigation of complaint by Board
The Board may make such inquiries concerning a complaint as it
thinks fit.
52 Role of the Commission
(1) Before the Board deals with or refers a complaint under this Part, the
Board and the Commission must consult in order to see if agreement
can be reached between them as to the course of action to be taken
concerning a complaint.
(2) Division 2 of Part 2 of the Health Care Complaints Act 1993 applies
to the consultation and the outcomes of the consultation.
53 How complaints are dealt with
(1) When a complaint is made, the Board may at any time decide:
(a) to refer the complaint for investigation by the Commission, or
(b) to refer the complaint for conciliation in accordance with
section 13 (2) of the Health Care Complaints Act 1993, or
(c) to refer the complaint to the Dental Care Assessment
Committee under Division 3, or
(d) to refer the matter to an Impaired Registrants Panel under
Part 6, or
(e) to deal with the complaint by inquiry at a meeting of the Board
under Division 4, or
(f) to refer the complaint to the Tribunal, or
(g) to deal with the complaint by directing the dental care provider
to attend counselling, or
(h) to deal with the complaint by providing advice or making
recommendations to the dental care provider, or
(i) to decline to deal with or dismiss the complaint.
Page 33
Clause 53 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 2 Complaints
(2) If the Commission recommends to the Board in accordance with the
Health Care Complaints Act 1993 that a complaint (whether made
under that Act or this Act) be dealt with by inquiry at a meeting of the
Board under Division 4, the Board must comply with that
recommendation (but only if the complaint is of a kind that can be
made under this Act).
(3) The Board may decline to deal with a complaint if the dental care
provider concerned has ceased to be registered.
(4) The Board may decline to deal with a complaint if the complainant
fails to provide further particulars required by the Board.
(5) A complaint may be withdrawn by the complainant at any time. The
Board and the Commission are to consult as to whether the complaint
should be proceeded with in the public interest.
(6) The Board is to notify the dental care provider of any action taken by
the Board under this section.
54 Serious complaints must be referred to Tribunal
(1) Both the Board and the Commission are under a duty to refer a
complaint to the Tribunal if at any time either forms the opinion that
it may, if substantiated, provide grounds for the suspension or
cancellation of the dental care provider's registration.
(2) However, either the Board or the Commission may decide not to refer
the complaint to the Tribunal if of the opinion that the allegations on
which the complaint is founded (and on which any other pending
complaint against the dental care provider is founded) relate solely or
principally to the physical or mental capacity of the dental care
provider:
(a) in the case of a dentist--to practise dentistry, or
(b) in the case of a dental auxiliary--to carry out dental auxiliary
activities.
(3) If the Board decides not to refer the complaint to the Tribunal, the
Board must instead deal with the complaint at a meeting of the Board
under Division 4. If the Commission decides not to refer the complaint
to the Tribunal, the Commission must instead refer the complaint to
the Board.
Page 34
Dental Practice Bill 2001 Clause 54
Complaints and disciplinary proceedings Part 5
Complaints Division 2
(4) This section does not require the Board or the Commission to refer a
complaint that the Board or Commission thinks is frivolous or
vexatious.
55 Medical examination of dental care provider
(1) The Board may, before or while taking any action under this Part or
Part 6 (Impairment), by notice to the dental care provider concerned,
require the dental care provider to undergo an examination at the
Board's expense by a medical practitioner, or other appropriate health
professional, specified in the notice, at any reasonable time and place
specified in the notice.
(2) A failure by a dental care provider, without reasonable cause, to
comply with a notice given under this section to undergo an
examination is, for the purposes of this Part or any inquiry or appeal
under this Part, evidence that the dental care provider does not have
sufficient physical and mental capacity:
(a) in the case of a dentist--to practise dentistry, or
(b) in the case of a dental auxiliary--to carry out dental auxiliary
activities.
(3) A medical practitioner or other health professional who conducts an
examination under this section is to report to the Board on the results
of the examination. The Board is to provide a copy of the report to the
dental care provider.
(4) A person must not directly or indirectly make a record of or divulge to
any person any information contained in a report to the Board under
this section that has come to the person's notice in the exercise of the
person's functions under this Act, except for the purpose of exercising
functions under this Act.
Maximum penalty: 50 penalty units.
(5) A person cannot be required in civil proceedings in any court to
produce or permit access to any report made to the Board under this
section or to divulge the contents of any such report.
(6) In this section:
court includes any tribunal, authority or person having power to
require the production of documents or the answering of questions but
does not include the Tribunal.
Page 35
Clause 55 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 2 Complaints
report includes a copy, reproduction and duplicate of the report or any
part of the report, copy, reproduction or duplicate.
56 Notification of orders to employer and others
(1) The Board is required to give notice of any order made in respect of a
registered dental care provider under this Act, or the placing of
conditions on the registration of a registered dental care provider, to the
following persons:
(a) the employer (if any) of the dental care provider concerned,
(b) the chief executive officer (however described) of any public
health organisation in respect of which the dental care provider
concerned is a visiting practitioner or is otherwise accredited,
(c) the chief executive officer (however described) of any private
hospital or day procedure centre (within the meaning of the
Private Hospitals and Day Procedure Centres Act 1988) in
respect of which the dental care provider concerned is
accredited,
(d) the chief executive officer (however described) of any nursing
home (within the meaning of the Nursing Homes Act 1988) in
respect of which the dental care provider concerned is
accredited.
(2) The notice is to be given within 7 days after:
(a) in the case of an order made or conditions imposed by the
Board--the date the order is made or the conditions are
imposed, or
(b) in any other case--the date the Board is given a copy of the
decision of the body that made the order or imposed the
conditions.
(3) The notice is to include such information as the Board considers
appropriate.
Page 36
Dental Practice Bill 2001 Clause 57
Complaints and disciplinary proceedings Part 5
Referral of complaints to Dental Care Assessment Committee Division 3
Division 3 Referral of complaints to Dental Care Assessment
Committee
57 Kinds of complaints that can be referred to Committee
(1) The Board may refer a complaint to the Committee only if the
Commission has decided not to investigate the complaint.
(2) A complaint may not be referred to the Committee if it is a complaint
that the dental care provider is not of good character or has been
convicted of or made the subject of a criminal finding for an offence.
(3) This section does not operate to limit the Committee in the exercise of
its functions under this Division in respect of any matter that arises in
the course of the Committee's investigation of a complaint.
58 How complaints are dealt with
(1) When a complaint is referred to the Committee, the Committee is to
investigate the complaint and may in any particular case encourage the
complainant and the dental care provider against whom the complaint
is made to settle the complaint by consent.
(2) The Committee may obtain such dental, medical, legal, financial or
other advice as it thinks necessary or desirable to enable it to exercise
its functions.
(3) Any such advice obtained by the Committee may not, unless otherwise
ordered by the Board, be admitted or used in any civil proceedings
before a court and a person may not be compelled to produce the
advice or to give evidence in relation to the advice in any such civil
proceedings.
(4) The Committee may not determine a complaint referred to it except by
settlement by consent.
(5) The Committee is to make a report to the Board on a complaint
referred to it whether or not it is able to effect settlement of the
complaint by consent.
Page 37
Clause 59 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 3 Referral of complaints to Dental Care Assessment Committee
59 Skills testing of dental care provider
(1) The Committee is to, at the request of the Board, by notice to the
dental care provider who is the subject of a complaint referred to the
Committee, require the dental care provider to undergo skills testing at
the Board's expense by an appropriately qualified person specified in
the notice, at any reasonable time and place specified in the notice.
(2) A failure by a dental care provider, without reasonable cause, to
comply with a notice given under this section to undergo skills testing
is, for the purposes of this Part or any inquiry or appeal under this Part,
evidence that the dental care provider does not have sufficient skill:
(a) in the case of a dentist--to practise dentistry, or
(b) in the case of a dental auxiliary--to carry out dental auxiliary
activities.
(3) The person who conducts skills testing under this section is to report
to the Committee on the results of the examination. The Committee is
to provide a copy of the report to the dental care provider.
(4) A person must not directly or indirectly make a record of or divulge to
any person any information contained in a report to the Committee
under this section that has come to the person's notice in the exercise
of the person's functions under this Act, except for the purpose of
exercising functions under this Act.
Maximum penalty: 50 penalty units.
(5) A person cannot be required in civil proceedings in any court to
produce or permit access to any report made to the Committee under
this section or to divulge the contents of any such report.
(6) In this section:
court includes any tribunal, authority or person having power to
require the production of documents or the answering of questions but
does not include the Tribunal.
report includes a copy, reproduction and duplicate of the report or any
part of the report, copy, reproduction or duplicate.
Page 38
Dental Practice Bill 2001 Clause 60
Complaints and disciplinary proceedings Part 5
Referral of complaints to Dental Care Assessment Committee Division 3
60 Recommendations of the Committee
(1) The Committee's report to the Board may include such
recommendations with respect to the complaint as the Committee
considers appropriate, including (without being limited to) any of the
following recommendations:
(a) a recommendation that the Board deal with the complaint by
inquiry at a meeting of the Board as a complaint of
unsatisfactory professional conduct,
(b) a recommendation that the Board direct the dental care provider
to attend counselling,
(c) a recommendation that the Board dismiss the complaint.
(2) The Board is to provide the dental care provider and the Commission
with a copy of the Committee's report and recommendations as soon
as practicable after the report is made.
(3) The Board must comply with a recommendation of the Committee that
the Board deal with the complaint by inquiry at a meeting of the Board
as a complaint of unsatisfactory professional conduct.
(4) Otherwise the Board is to allow the Commission and the dental care
provider at least 21 days after they have been provided with a copy of
the Committee's report and recommendations to make submissions in
respect of the report and recommendations.
(5) After considering the Committee's report and recommendations and
any submissions made by the dental care provider or the Commission
in respect of the report or recommendations, the Board is to proceed
to deal with the complaint as provided by section 53.
(6) This section is subject to section 54 (Serious complaints must be
referred to Tribunal).
61 No legal representation for parties appearing before the Committee
A complainant and the dental care provider against whom the
complaint is made are not entitled to be legally represented at any
appearance before the Committee.
Page 39
Clause 62 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 4 Dealing with complaint by inquiry at a meeting of the Board
Division 4 Dealing with complaint by inquiry at a meeting of
the Board
62 Procedures for dealing with complaint at meeting
(1) If the Board decides to deal with a complaint by inquiry at a meeting
of the Board, the meeting is to be held in accordance with Schedule 3
and this Division.
(2) The Board may be assisted by a legal practitioner when dealing with
a complaint at a meeting of the Board.
(3) The Board is to provide the Commission with a copy of any
submission made to the Board by the dental care provider in respect of
the complaint or in respect of any recommendation of the Committee
concerning the complaint.
63 General procedure
The procedure for the calling of a meeting to deal with a complaint and
for the conduct of the meeting is, subject to this Act and the
regulations, to be as determined by the Board.
64 Conduct of meeting
At a meeting to deal with a complaint, the Board:
(a) may inform itself on any matter in such manner as it thinks fit,
and
(b) may receive written or oral submissions, and
(c) is to proceed with as little formality and technicality, and as
much expedition, as the requirements of this Act and the proper
consideration of the complaint permit, and
(d) is not bound by rules of evidence, and
(e) may proceed to deal with the complaint in the absence of the
dental care provider.
65 Making submissions to inquiry
(1) The dental care provider is entitled to attend the meeting during the
course of the Board's inquiry and to make submissions to the Board.
Page 40
Dental Practice Bill 2001 Clause 65
Complaints and disciplinary proceedings Part 5
Dealing with complaint by inquiry at a meeting of the Board Division 4
(2) The Committee may, if the Board so requires, make a submission to
the Board with respect to the complaint and may for that purpose
attend the meeting during the course of the Board's inquiry.
(3) The Board is to afford the Commission the opportunity to make a
submission to the Board with respect to the complaint and the
Commission may for that purpose attend the meeting during the course
of the Board's inquiry.
(4) The Committee or the Commission may not be present at the meeting
except while actually making a submission in accordance with this
section, unless the Board otherwise determines.
(5) Despite subsection (4), the Commission is to be present throughout the
Board's inquiry where the complaint is the subject of a
recommendation of the Commission under section 53 (2) that it be
dealt with by inquiry at a meeting of the Board under this Division.
(6) The dental care provider is not entitled to be legally represented at the
inquiry but may be accompanied by a support person. The support
person can be a legal practitioner.
(7) The Commission is not entitled to be legally represented at the inquiry.
66 Decision of the Board
(1) The Board must, within 30 days of making its decision on a complaint,
make available to the complainant, the dental care provider concerned
and such other persons as it thinks fit, a written statement of the
decision.
(2) If the Commission made a submission to the Board with respect to the
complaint, the Board is to provide the Commission with a copy of the
written statement of the decision.
(3) The written statement of a decision must give the reasons for the
decision.
(4) The Board is not required to include confidential information in any
such statement. If a statement would be false or misleading if it did not
include the confidential information, the Board is not required to
provide the statement.
(5) When confidential information is not included in the statement of a
decision provided to a person or the statement is not provided to a
person because of subsection (4), the Board must give a confidential
information notice to the person.
Page 41
Clause 66 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 4 Dealing with complaint by inquiry at a meeting of the Board
(6) A confidential information notice is a notice that indicates that
confidential information is not included or that the statement will not
be provided (as appropriate) and gives the reasons for this. The notice
must be in writing and must be given within one month after the
decision is made.
(7) This section does not affect the power of a court to make an order for
the discovery of documents or to require the giving of evidence or the
production of documents to a court.
(8) In this section:
confidential information means information that:
(a) has not previously been published or made available to the
public when a written statement of a decision to which it is or
may be relevant is being prepared, and
(b) relates to the personal or business affairs of a person, other than
a person to whom the Board is required (or would, but for
subsection (4), be required) to provide a written statement of a
decision, and
(c) is information:
(i) that was supplied in confidence, or
(ii) the publication of which would reveal a trade secret, or
(iii) that was provided in compliance with a duty imposed
by an enactment, or
(iv) the provision of which by the Board would be in breach
of any enactment.
67 Admissibility of Board's findings
A finding of the Board under this Division is admissible as evidence
in any legal proceedings.
Page 42
Dental Practice Bill 2001 Clause 68
Complaints and disciplinary proceedings Part 5
Disciplinary powers of Board and Tribunal Division 5
Division 5 Disciplinary powers of Board and Tribunal
68 Powers may be exercised if complaint proved or admitted
(1) The Board or the Tribunal may exercise any power or combination of
powers conferred on it by this Division if the Board (pursuant to an
inquiry at a meeting of the Board under Division 4) or the Tribunal
finds the subject-matter of a complaint of a kind referred to in
section 44 (2) to have been proved or the person admits to it in writing
to the Board or the Tribunal.
(2) In addition, the Board may exercise any power conferred on it by
section 69 (1) (b) if the Board (after considering a report from the
Committee) finds the subject-matter of a complaint to have been
proved or the person admits to it in writing to the Board, whether or
not the complaint is of a kind referred to in section 44 (2).
69 General powers of the Board
(1) The Board may do any one or more of the following:
(a) caution or reprimand the person,
(b) make an order for the withholding or refunding of part or all of
the payment with respect to the fees to be charged or paid for
the dental care services that are the subject of the complaint,
(c) order that the person seek and undergo medical or psychiatric
treatment or counselling,
(d) direct that such conditions relating to the person's practice of
dentistry or carrying out of dental auxiliary activities as it
considers appropriate be imposed on the person's registration,
(e) order that the person complete a specified educational course or
courses,
(f) order that the person report on his or her dentistry practice or
dental auxiliary practice at specified times, in a specified
manner and to specified persons,
(g) order that the person seek and take advice, in relation to the
management of his or her dentistry practice or dental auxiliary
practice, from a specified person or persons.
Page 43
Clause 69 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 5 Disciplinary powers of Board and Tribunal
(2) If the person is not registered, an order or direction can still be given
under this section but has effect only so as to prevent the person being
registered unless the order is complied with or to require the conditions
concerned to be imposed when the person is registered, as appropriate.
70 Power of the Board to recommend suspension or cancellation of
registration
(1) The Board may recommend that the registration of a dental care
provider be suspended for a specified period or cancelled if the Board
is satisfied (when it finds on a complaint about the dental care
provider) that the dental care provider does not have sufficient physical
and mental capacity:
(a) in the case of a dentist--to practise dentistry, or
(b) in the case of a dental auxiliary--to carry out dental auxiliary
activities.
(2) If the dental care provider is not registered, a recommendation can be
made under this section that the dental care provider not be
re-registered.
(3) The Board makes its recommendation by referring the matter with its
recommendation to the Chairperson or to a Deputy Chairperson
nominated by the Chairperson.
(4) The Chairperson or Deputy Chairperson may then make an order in the
terms recommended or may make such other order as to the
suspension or registration of the dental care provider as the
Chairperson or Deputy Chairperson thinks proper based on the
findings of the Board.
(5) An order may also provide that an application for review of the order
under Division 3 of Part 7 may not be made until after a specified time.
(6) Instead of making an order under this section, the Chairperson or
Deputy Chairperson may exercise any power or combination of powers
of the Board under this Division.
71 Powers of the Tribunal
(1) The Tribunal may exercise any power that the Board can exercise
under this Division, except a power conferred on the Board by
section 68 (2).
Page 44
Dental Practice Bill 2001 Clause 71
Complaints and disciplinary proceedings Part 5
Disciplinary powers of Board and Tribunal Division 5
(2) The Tribunal may by order suspend a person's registration for a
specified period or direct that a person's registration be cancelled if the
Tribunal is satisfied (when it finds on a complaint about the person):
(a) that the person is not competent:
(i) in the case of a dentist--to practise dentistry, or
(ii) in the case of a dental auxiliary--to carry out dental
auxiliary activities, or
(b) that the person is guilty of professional misconduct, or
(c) that the person has been convicted of or made the subject of a
criminal finding for an offence, either in or outside New South
Wales, and the circumstances of the offence are such as to
render the person unfit in the public interest:
(i) in the case of a dentist--to practise dentistry, or
(ii) in the case of a dental auxiliary--to carry out dental
auxiliary activities, or
(d) that the person is not of good character.
(3) An order that a person's registration be cancelled is an order that the
person's name be removed from the Dentists Register or the Dental
Auxiliaries Register or (if the person has already ceased to be
registered) that the person not be re-registered.
(4) An order may also provide that an application for review of the order
under Division 3 of Part 7 may not be made until after a specified time.
Division 6 Powers of the Board for the protection of the
public
72 Suspension or conditions to protect the public
(1) The Board must, if at any time it is satisfied that such action is
necessary for the purpose of protecting the life or physical or mental
health of any person:
(a) by order suspend the registration of a registered dental care
provider for such period (not exceeding 8 weeks) as is specified
in the order, or
(b) impose on:
(i) a registered dentist's registration such conditions,
relating to the dentist's practising dentistry, as it
considers appropriate, or
Page 45
Clause 72 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 6 Powers of the Board for the protection of the public
(ii) a registered dental auxiliary's registration such
conditions, relating to the dental auxiliary's carrying out
of dental auxiliary activities, as it considers appropriate.
(2) The Board may take such action:
(a) whether or not a complaint has been made or referred to the
Board about the dental care provider, and
(b) whether or not proceedings in respect of such a complaint are
before the Tribunal.
73 Power to remove or alter conditions
The Board may at any time alter or remove conditions imposed under
this Division.
74 Referral of matter to Commission
(1) The Board must, as soon as practicable after taking any action under
section 72 and, in any event, within 7 days after taking that action,
refer the matter to the Commission for investigation.
(2) The matter is to be dealt with by the Commission as a complaint made
to the Commission against the dental care provider concerned.
(3) The Commission is to investigate the complaint or cause it to be
investigated and, as soon as practicable after it has completed its
investigation, refer the complaint to the Tribunal or to the Board to be
dealt with by inquiry at a meeting of the Board under Division 4.
(4) Section 54 (Serious complaints must be referred to Tribunal) applies
in respect of any such action by the Commission.
(5) This section does not apply if the Board takes action against a
registered dental care provider under section 72 because the Board is
of the opinion that the dental care provider suffers from an impairment.
75 Special provisions--impairment
(1) This section applies if the Board takes action against a registered dental
care provider under section 72 because the Board is of the opinion that
the dental care provider suffers from an impairment.
(2) The Board must, as soon as practicable after taking that action and, in
any event, within 7 days after taking that action, notify the
Commission that it has taken that action.
Page 46
Dental Practice Bill 2001 Clause 75
Complaints and disciplinary proceedings Part 5
Powers of the Board for the protection of the public Division 6
(3) The Board is to consult with the Commission to see if agreement can
be reached as to whether the matter should be:
(a) dealt with as a complaint against the dental care provider, or
(b) referred to an Impaired Registrants Panel.
(4) The matter is to be dealt with as a complaint against the dental care
provider only if, following that consultation:
(a) the Board and the Commission agree that it should be dealt
with as a complaint, or
(b) either the Board or the Commission is of the opinion that the
matter should be dealt with as a complaint.
(5) In such a case, the Board is to refer the matter to the Commission and
the matter is to be dealt with by the Commission as a complaint made
to the Commission against the dental care provider concerned.
(6) The Commission is to investigate the complaint or cause it to be
investigated and, as soon as practicable after it has completed its
investigation, refer the complaint to the Tribunal or to the Board to be
dealt with by inquiry at a meeting of the Board under Division 4.
(7) Section 54 (Serious complaints must be referred to Tribunal) applies
in respect of any such action by the Commission.
(8) If subsection (4) does not apply, the Board is to refer the matter to an
Impaired Registrants Panel.
(9) A matter may be referred to an Impaired Registrants Panel under this
section even though the dental care provider has been suspended under
section 72. Part 6 applies in respect of such a referral as if the dental
care provider were a registered dental care provider.
76 Tribunal to be notified of suspensions
If the Board suspends the registration of a registered dental care
provider under section 72, the Board must notify the Chairperson that
it has taken that action as soon as practicable after making the order
and, in any event, within 7 days.
Page 47
Clause 77 Dental Practice Bill 2001
Part 5 Complaints and disciplinary proceedings
Division 6 Powers of the Board for the protection of the public
77 Extension of suspension
A period of suspension imposed by the Board under this Division may
be extended, from time to time, by the Board by order for a further
period or further periods, each of not more than 8 weeks, but only if:
(a) the extension has been approved in writing by the Chairperson
or a Deputy Chairperson, and
(b) the complaint about the dental care provider has not been
disposed of.
78 Expiration of suspension
On the expiration of a period of suspension imposed under this
Division, the person's rights and privileges as a registered dental care
provider are revived, subject to any order of the Tribunal on the
complaint that is referred to the Tribunal.
79 Duration of conditions--complaint matters
(1) This section applies if the Board imposes conditions on the registration
of a registered dental care provider under section 72 and the matter is
dealt with as a complaint against the dental care provider.
(2) The conditions imposed by the Board have effect until the complaint
about the dental care provider is disposed of, or the conditions are
removed by the Board, whichever happens first.
(3) This section:
(a) does not prevent conditions being imposed under another
provision of this Act, and
(b) is subject to anything done by the Tribunal on an appeal under
section 97.
80 Duration of conditions--impairment matters
(1) This section applies if the Board imposes conditions on the registration
of a registered dental care provider under section 72 and the matter is
referred to an Impaired Registrants Panel.
(2) The conditions imposed by the Board have effect until:
(a) the complaint about the dental care provider is disposed of if
the matter is subsequently dealt with by the Board as a
complaint, or
Page 48
Dental Practice Bill 2001 Clause 80
Complaints and disciplinary proceedings Part 5
Powers of the Board for the protection of the public Division 6
(b) the conditions are removed by the Board,
whichever happens first.
(3) The Board is not required to alter or remove conditions imposed under
this Division merely because a dental care provider agrees to the
imposition of conditions on the dental care provider's registration
pursuant to the recommendations of an Impaired Registrants Panel (as
referred to in section 90).
(4) A registered dental care provider who agrees to the imposition of
conditions on the dental care provider's registration pursuant to the
recommendations of an Impaired Registrants Panel may, by notice in
writing to the Board, request that the conditions imposed under this
Division be removed or altered.
(5) On receipt of such a request, the Board is to review the matter, and
may:
(a) refuse to remove or alter any of the conditions, or
(b) remove or alter the conditions.
(6) The Board is to give the dental care provider concerned notice in
writing of its decision in respect of the request.
(7) The Board may specify in the notice a period in which a further
request by the dental care provider under this section is not permitted.
The Board may reject a request that the conditions be removed or
altered if it is made during that period.
(8) This section:
(a) does not prevent conditions being imposed under another
provision of this Act, and
(b) is subject to anything done by the Tribunal on an appeal under
section 97.
Page 49
Clause 81 Dental Practice Bill 2001
Part 6 Impairment
Part 6 Impairment
81 Referral of impairment matters concerning dental care providers or
students
(1) The Board may refer any matter to an Impaired Registrants Panel if the
Board considers that the matter indicates that a registered dental care
provider or dental student suffers from an impairment. This is not
limited to matters that are the subject of a complaint to the Board.
(2) If the Board is aware that a complaint has been made to the
Commission about a dental care provider who is the subject of a
referral to an Impaired Registrants Panel, the Board is to notify the
Commission of the referral.
82 Persons may notify Board of impairment matters concerning dental
care providers or students
A person may notify the Board of any matter that the person thinks
indicates that a registered dental care provider or dental student suffers
or may suffer from an impairment.
83 Commission may refer impairment matters to Board
(1) If the Commission becomes aware of any matter that the Commission
considers indicates that a registered dental care provider or dental
student suffers or may suffer from an impairment, the Commission
may refer the matter to the Board.
(2) This section does not affect the functions of the Board in relation to a
complaint made to the Commission or a matter referred to the
Commission for investigation.
84 Panel to inquire into matters referred to it
(1) An Impaired Registrants Panel is to inquire into any matter referred to
it and may obtain reports and other information concerning the matter
from any source it considers appropriate.
(2) The Panel may request a registered dental care provider or dental
student who is the subject of a matter referred to the Panel by the
Board, to attend before the Panel for the purpose of enabling the Panel
to obtain information on the matter and make an assessment.
Page 50
Dental Practice Bill 2001 Clause 85
Impairment Part 6
85 Panel not to take action while Commission investigating
An Impaired Registrants Panel is not to investigate or take any other
action in relation to any matter if the Panel is aware that the matter is
the subject of an investigation by the Commission, while the
investigation is being conducted.
86 Board to give notice of proposed inquiry
The Board is to give notice to a registered dental care provider or
dental student of any proposed inquiry by an Impaired Registrants
Panel concerning the dental care provider or student. The notice is to
include sufficient details of the matters to which the inquiry is to relate.
87 Dental care provider or student entitled to make representations
(1) A registered dental care provider or a dental student who is the subject
of any inquiry by an Impaired Registrants Panel is entitled to make oral
or written representations to the Panel with respect to the matters being
or to be the subject of the inquiry.
(2) This section does not prevent the Panel from conducting an inquiry in
the absence of the registered dental care provider or dental student to
whom it relates, as long as the dental care provider or student has been
given notice of the inquiry under section 86.
88 Board may require student to undergo medical examination
(1) The Board may by notice given to a dental student who is the subject
of a matter referred or proposed to be referred to an Impaired
Registrants Panel direct the student to undergo a medical examination
by a specified registered medical practitioner at a specified time and
place.
(2) A dental student must not be directed to undergo a medical
examination unless it is reasonable to require the examination, given
the nature of the matter that is the subject of the referral or proposed
referral. The time and place specified for the examination must be
reasonable and the examination is to be at the expense of the Board.
(3) If a dental student fails, without reasonable excuse, to comply with a
direction to undergo a medical examination, the Board may by order
in writing prohibit the student undertaking clinical studies, or
undertaking a clinical placement in a public health organisation, until
the student complies with the direction.
Page 51
Clause 88 Dental Practice Bill 2001
Part 6 Impairment
(4) The Board's order takes effect when a copy of it is served on the
educational institution responsible for the clinical studies or clinical
placement of the student.
(5) A dental student is not permitted to undertake clinical studies or a
clinical placement in a public health organisation contrary to the terms
of the order.
Note. Section 55 provides for medical examinations of registered dental care
providers.
89 Assessment, report and recommendations by Panel
(1) An Impaired Registrants Panel is to make an assessment in respect of
each referral to it, based on the results of its inquiry into the matter.
(2) On the basis of its assessment, the Panel may do any one or more of
the following things:
(a) counsel the dental care provider or student concerned or
recommend that he or she undertake specified counselling,
(b) recommend that the dental care provider concerned agree to
conditions being imposed on his or her registration or to having
his or her registration suspended for a specified period,
(c) make recommendations to the Board as to any action that the
Panel considers should be taken in relation to the matter.
(3) The Panel is to report in writing to the Board on each referral to the
Panel. The report is to detail the results of the Panel's inquiries and
assessment in respect of the referral and any action taken by the Panel
under this Part in relation to it.
90 Voluntary suspension or conditions on registration
The Board may place conditions on a registered dental care provider's
registration or suspend the dental care provider's registration if:
(a) an Impaired Registrants Panel has recommended that the Board
do so, and
(b) the Board is satisfied that the dental care provider has
voluntarily agreed to the recommendation.
Page 52
Dental Practice Bill 2001 Clause 91
Impairment Part 6
91 Review of conditions
(1) A registered dental care provider who agrees to conditions being
imposed on his or her registration or to having his or her registration
suspended may, by notice in writing to the Board, request:
(a) that those conditions be removed or altered, or
(b) that the suspension be terminated or shortened.
(2) On receipt of such a request, the Board is to require an Impaired
Registrants Panel to review the matter and report in writing to the
Board on the results of its review.
(3) If the Panel recommends that the Board refuse to remove or alter any
of the conditions, or refuse to terminate or shorten the suspension, the
Board may do so.
(4) The Board is to give the dental care provider concerned notice in
writing of its decision in respect of the request.
(5) The Board may specify in the notice a period in which a further
request by the dental care provider under this section is not permitted.
The Board may reject a request that the conditions be removed or
altered, or that the suspension be terminated or shortened, if it is made
during that period.
92 Some matters to be dealt with as complaints
(1) If an Impaired Registrants Panel recommends that a registered dental
care provider agree to conditions being imposed on his or her
registration or to having his or her registration suspended and the
dental care provider fails to agree in accordance with the
recommendation, the Board is to deal with the matter that was the
subject of the referral to the Panel as a complaint against the dental
care provider.
(2) If the Panel recommends that a matter referred to it be dealt with as a
complaint, the Board is to deal with the matter as a complaint against
the dental care provider concerned.
(3) In any other case that the Board thinks it appropriate to do so, the
Board may treat a matter that has been referred to a Panel as grounds
for a complaint under this Act and may deal with the matter
accordingly.
Page 53
Clause 93 Dental Practice Bill 2001
Part 6 Impairment
93 Prohibition or conditions on student
(1) An Impaired Registrants Panel that investigates a matter concerning a
dental student may recommend to the Board that it is in the public
interest that the Board:
(a) prohibit the student from undertaking clinical studies or from
undertaking a clinical placement in a public health organisation,
or
(b) impose specified conditions on the undertaking of clinical
studies or a clinical placement by the student.
(2) If the Panel makes such a recommendation and the Board is satisfied
that it is in the public interest to do so, the Board may by order in
writing:
(a) prohibit the student undertaking clinical studies or a clinical
placement in a public health organisation, or
(b) impose specified conditions on the undertaking of clinical
studies or a clinical placement by the student.
(3) An order under this section takes effect when notice of it is served on
the educational institution responsible for the conduct of the clinical
studies or the patronage of the clinical placement of the student.
(4) A dental student is not to be permitted to undertake clinical studies or
a clinical placement in a public health organisation contrary to the
terms of an order in force under this section.
(5) An order remains in force for the period (up to 2 years) specified in the
order unless it is revoked by the Board. The Board may issue further
orders in respect of a student but only on the recommendation of an
Impaired Registrants Panel.
94 Appeal by student against order
(1) A person may appeal to the Tribunal against a decision of the Board
to issue an order:
(a) prohibiting the person from undertaking clinical studies or a
clinical placement in a public health organisation, or
(b) imposing conditions on the undertaking of clinical studies or a
clinical placement by the person.
(2) The appeal must be lodged with the Registrar who is to refer it to the
Tribunal.
Page 54
Dental Practice Bill 2001 Clause 94
Impairment Part 6
(3) The appeal must be made within 28 days (or such longer period as the
Registrar may allow in a particular case) after notice of the Board's
decision is given to the person.
(4) On an appeal, the Tribunal may by order terminate, vary or confirm the
order, as it thinks proper. The Board is to give effect to the Tribunal's
order.
95 Confidentiality of Panel's report
(1) A report by an Impaired Registrants Panel to the Board may not be
admitted or used in any civil proceedings before a court.
(2) A person may not be compelled to produce the report or to give
evidence in relation to the report or its contents in any such civil
proceedings.
(3) A person must not directly or indirectly make a record of or disclose
to any person any information contained in a report by an Impaired
Registrants Panel to the Board that has come to the person's notice in
the exercise of the person's functions under this Act, except for the
purposes of exercising functions under this Act.
Maximum penalty: 50 penalty units.
(4) This section does not prevent the disclosure of such a report to the
Commission.
(5) In this section:
court includes any tribunal, authority or person having power to
require the production of documents or the answering of questions, but
does not include the Tribunal or the Board, or the Supreme Court (in
respect of appeal proceedings under this Act).
report includes a copy, reproduction and duplicate of the report or any
part of the report, copy, reproduction or duplicate.
Page 55
Clause 96 Dental Practice Bill 2001
Part 7 Appeals and review of disciplinary action
Division 1 Appeals against actions of the Board
Part 7 Appeals and review of disciplinary action
Division 1 Appeals against actions of the Board
96 Appeals against actions of the Board on a complaint
(1) When a complaint has been dealt with at a meeting of the Board under
Division 4 of Part 5, the dental care provider or the Commission may
appeal to the Tribunal against:
(a) a finding of the Board, or
(b) the exercise of any power by the Board under Division 5
(Disciplinary powers of Board and Tribunal) of Part 5.
(2) An appeal must be made within 28 days (or such longer period as the
Chairperson may allow in a particular case) after:
(a) the Board's written statement of the decision by which the
Board's finding is made is made available to the appellant, or
(b) the exercise of the power against which the appeal is made.
(3) The appeal must be lodged with the Registrar who is to refer it to the
Tribunal.
(4) The appeal is to be dealt with by way of rehearing and fresh evidence,
or evidence in addition to or in substitution for the evidence received
at the meeting of the Board, may be given.
(5) The Tribunal may:
(a) dismiss the appeal, or
(b) make any finding or exercise any power or combination of
powers that the Tribunal could have made or exercised if the
complaint had been originally referred to the Tribunal.
(6) An appeal under this section does not affect any finding or exercise of
power with respect to which it has been made until the Tribunal makes
an order on the appeal.
Page 56
Dental Practice Bill 2001 Clause 97
Appeals and review of disciplinary action Part 7
Appeals against actions of the Board Division 1
97 Appeal against suspension or imposition of conditions by
Board--impairment matters
(1) A person may appeal to the Tribunal:
(a) against a suspension or extension of a suspension by the Board
under Division 6 (Powers of the Board for the protection of the
public) of Part 5, or
(b) against conditions imposed by the Board on the person's
registration under Division 6 of Part 5 or Part 6 or any
alteration of those conditions by the Board, or
(c) against a refusal by the Board to alter or remove conditions
imposed by the Board under Division 6 of Part 5 in accordance
with a request made by the person under section 80, or
(d) against a refusal by the Board to remove or alter conditions
imposed on the person's registration, or to shorten or terminate
a suspension, imposed under Part 6 in accordance with a
request made by the person under section 91.
(2) An appeal may not be made in respect of a request by a person that is
rejected by the Board because it was made during a period in which
the request was not permitted under section 80 or 91.
(3) An appeal must be made within 28 days (or such longer period as the
Chairperson may allow in a particular case) after notice of the action
taken by the Board, or the Board's refusal, is given to the person.
(4) An appeal is to be lodged with the Registrar who is to refer it to the
Tribunal.
(5) On an appeal, the Tribunal may, by order, do any of the following:
(a) dismiss the appeal,
(b) remove or alter the conditions to which the dental care
provider's registration is subject (including by imposing new
conditions on the dental care provider's registration),
(c) terminate or shorten the period of the suspension concerned.
(6) The Tribunal's order must not cause a suspension or conditions
imposed by the Board to have effect beyond the day on which any
related complaint about the person is disposed of.
(7) An appeal under this section does not affect any suspension or
conditions with respect to which it has been made until the Tribunal
makes an order on the appeal.
Page 57
Clause 98 Dental Practice Bill 2001
Part 7 Appeals and review of disciplinary action
Division 1 Appeals against actions of the Board
98 Appeal on point of law
(1) When a complaint is dealt with at a meeting of the Board under
Division 4 of Part 5, the dental care provider or the Commission may
appeal with respect to a point of law to the Chairperson or a Deputy
Chairperson nominated by the Chairperson.
(2) An appeal may be made in accordance with the regulations during the
meeting of the Board to deal with the complaint or within the period
after the date of giving of notice of the meeting and before the
commencement of the meeting.
(3) If the meeting of the Board to deal with the complaint has not been
completed when an appeal is made, the Board must not continue to
deal with the complaint until the appeal has been disposed of.
(4) The Board must not make any decision that is inconsistent with the
Chairperson's or Deputy Chairperson's determination with respect to
the point of law.
Division 2 Appeals against actions of Tribunal
99 Preliminary appeal on point of law
(1) An appeal with respect to a point of law may be made to the Supreme
Court by the dental care provider or the complainant during an inquiry
on a complaint conducted by the Tribunal or after the complaint is
referred to the Tribunal and before the commencement of the inquiry,
but can only be made with the leave of the Chairperson or a Deputy
Chairperson.
(2) If an inquiry conducted by the Tribunal has not been completed when
an appeal with respect to a point of law is made, the inquiry before the
Tribunal is not to continue until the appeal has been disposed of.
(3) The Tribunal must not make any decision that is inconsistent with the
Supreme Court's determination with respect to the point of law when
it recommences the inquiry.
Page 58
Dental Practice Bill 2001 Clause 100
Appeals and review of disciplinary action Part 7
Appeals against actions of Tribunal Division 2
100 Appeal against Tribunal's decisions and actions
(1) A dental care provider about whom a complaint is referred to the
Tribunal, or the complainant, may appeal to the Supreme Court
against:
(a) a decision of the Tribunal with respect to a point of law, or
(b) the exercise of any power by the Tribunal under Division 5
(Disciplinary powers of Board and Tribunal) of Part 5.
(2) The appeal must be made within 28 days (or such longer period as the
Court may allow in a particular case) after the Tribunal's written
statement of the decision by which the Tribunal's finding is made is
made available to the appellant.
(3) The Supreme Court may stay any order made by the Tribunal, on such
terms as the Court sees fit, until such time as the Court determines the
appeal.
101 Powers of Court on appeal
(1) In determining the appeal, the Supreme Court may:
(a) dismiss the appeal, or
(b) make such order as it thinks proper having regard to the merits
of the case and the public welfare, and in doing so may exercise
any one or more of the powers of the Tribunal under this Act.
(2) If the Court dismisses an appeal against an order of the Tribunal, the
Court may by order direct that the Tribunal's order is to be taken to
include provision that an application for its review under Division 3
may not be made until after a specified time.
Division 3 Review of suspension, cancellation or conditions
102 Right of review
(1) A person may apply to the appropriate review body for a review of an
order of the Board, the Chairperson or a Deputy Chairperson, the
Tribunal or the Supreme Court:
(a) that the registration of the person is suspended, or
(b) that the person's name be removed from the Dentists Register
or the Dental Auxiliaries Register or that the person not be
re-registered, or
Page 59
Clause 102 Dental Practice Bill 2001
Part 7 Appeals and review of disciplinary action
Division 3 Review of suspension, cancellation or conditions
(c) that conditions be imposed on the person's registration.
(2) A person may also apply to the appropriate review body for a review
of an order made under this Division.
(3) An application for review of an order may not be made:
(a) while the terms of the order provide that an application for
review may not be made, or
(b) while an appeal under this Part to the Tribunal or the Supreme
Court in respect of the same matter is pending.
103 Appropriate review body
(1) The appropriate review body is the Tribunal except in a case where
the order being reviewed provides that it may be reviewed by the
Board, in which case the Board is the appropriate review body.
(2) An application for review must be lodged with the Registrar who is to
refer it to the appropriate review body.
104 Powers on review
(1) The appropriate review body is to conduct an inquiry into an
application for review and may then do any of the following:
(a) dismiss the application,
(b) by its order terminate or shorten the period of the suspension
concerned,
(c) make a reinstatement order,
(d) make an order altering the conditions to which the person's
registration is subject (including by imposing new conditions).
(2) A reinstatement order is an order that the person be registered subject
to the same conditions and limitations (if any) to which the person's
registration was subject immediately before the person ceased to be
registered. The appropriate review body may also impose conditions
on the person's registration or alter the conditions to which the
person's registration is to be subject under the reinstatement order.
(3) The Commission is entitled to make submissions in respect of the
application at the inquiry into the application.
(4) The Board is to take such action as may be necessary to give effect to
a reinstatement order.
Page 60
Dental Practice Bill 2001 Clause 104
Appeals and review of disciplinary action Part 7
Review of suspension, cancellation or conditions Division 3
(5) The order on a review under this section may also provide that the
order is not to be reviewed under this Division until after a specified
time.
105 Nature of review
(1) A review under this Division is a review to determine the
appropriateness, at the time of the review, of the order concerned.
(2) The review is not to reconsider the decision to make the order or any
findings made in connection with the making of that decision, unless
significant fresh evidence is produced that was not previously
available for consideration and the appropriate review body is of the
opinion that, in the circumstances of the case, that decision or any such
finding should be reconsidered.
Page 61
Clause 106 Dental Practice Bill 2001
Part 8 Dental Board
Part 8 Dental Board
106 Constitution of the Board
There is constituted by this Act a body corporate under the corporate
name of the Dental Board.
107 Functions of the Board
(1) The Board has the following functions:
(a) such functions as are conferred or imposed on the Board by or
under this or any other Act,
(b) to promote and maintain standards of dental practice in New
South Wales,
(c) to advise the Minister on matters relating to the registration of
dentists, dental auxiliaries, standards of dental practice and any
other matter arising under or related to this Act or the
regulations,
(d) to publish and distribute information concerning this Act and
the regulations to dentists, dental auxiliaries, consumers and
other interested persons.
(2) The Board is to exercise its functions in a manner that is consistent
with the object of this Act.
108 Membership of the Board
(1) The Board is to consist of 12 members appointed by the Governor, of
whom:
(a) 5 are to be registered dentists elected in accordance with the
regulations by registered dentists, and
(b) 7 are to be appointed by the Governor in accordance with
subsection (2).
(2) The appointed members are to be:
(a) 1 person nominated by the Minister, being an officer of the
Department of Health or an employee of a public health
organisation,
(b) 1 registered dentist nominated by the Minister, being a
registered dentist involved in the tertiary education of persons
for qualification in New South Wales as dentists,
Page 62
Dental Practice Bill 2001 Clause 108
Dental Board Part 8
(c) 1 registered dentist nominated by the Minister of the Minister's
own choosing,
(d) 1 registered dental auxiliary nominated by the Minister of the
Minister's own choosing,
(e) 2 persons (not being registered dental care providers)
nominated by the Minister to represent the community,
(f) 1 legal practitioner nominated by the Minister.
109 Staff
(1) The Board may:
(a) employ a Registrar and such other staff as may be necessary to
enable the Board to exercise its functions, and
(b) arrange for the use of the services of any staff (by secondment
or otherwise) or facilities of a government department, an
administrative office or a public or local authority, and
(c) engage such consultants as it requires to exercise its functions.
(2) The Board may, with the concurrence of the Health Administration
Corporation, fix the salaries, wages, allowances and conditions of
employment of any such staff in so far as they are not fixed by or
under another Act or law.
110 Committees
(1) The Board may establish committees to assist it in connection with the
exercise of any of its functions.
(2) It does not matter that any or all of the members of a committee are
not members of the Board.
(3) A member of a committee, while sitting on the committee, is entitled
to be paid by the Board such amount as the Minister from time to time
determines in respect of the member.
(4) The procedure for the calling of meetings of a committee and for the
conduct of business at those meetings may be determined by the Board
or (subject to any determination of the Board) by the committee.
Page 63
Clause 111 Dental Practice Bill 2001
Part 8 Dental Board
111 Delegation of functions
(1) The Board may delegate any of its functions (other than this power of
delegation and the function of authorising by resolution the
expenditure of money from the Dental Education and Research
Account) to:
(a) the President, or
(b) the Deputy President, or
(c) a committee consisting of 2 or more members of the Board, or
(d) the Registrar or any other member of staff of the Board.
(2) The Board must not delegate any of its functions under Part 5
(Complaints and disciplinary proceedings) to the Registrar or any other
member of the staff of the Board.
(3) The Registrar may delegate to a member of the staff of the Board the
exercise of:
(a) any of the functions of the Registrar under this Act, other than
this power of delegation, or
(b) any functions delegated to the Registrar by the Board, unless
the Board otherwise provides in its instrument of delegation to
the Registrar.
112 Other provisions relating to the Board
(1) Schedule 2 has effect with respect to the members of the Board.
(2) Schedule 3 has effect with respect to the procedure of the Board.
Page 64
Dental Practice Bill 2001 Clause 113
Dental Care Assessment Committee Part 9
Part 9 Dental Care Assessment Committee
113 Constitution of the Dental Care Assessment Committee
There is constituted by this Act the Dental Care Assessment
Committee.
114 Functions of the Committee
The Committee has the functions conferred or imposed on it by or
under this or any other Act.
115 Membership of the Committee
(1) The Committee is to consist of 5 members appointed by the Minister.
(2) Of the members:
(a) two are to be registered dentists nominated by the Board, and
(b) two are to be registered dentists appointed from a panel of
names furnished to the Minister by the Board, and
(c) one is to be a person appointed by the Minister to be a
representative of consumers.
(3) If the Board does not furnish a panel of names within such time or in
such manner as may be specified by the Minister by notice in writing
to the Board, the Minister may instead appoint to be members 2
registered dentists determined by the Minister.
(4) A person cannot be a member of the Committee while the person is a
member of the Board.
116 Other provisions relating to the Committee
Schedule 4 has effect with respect to the members and the procedure
of the Committee.
Page 65
Clause 117 Dental Practice Bill 2001
Part 10 Impaired Registrants Panels
Part 10 Impaired Registrants Panels
117 Impaired Registrants Panels
There are to be Impaired Registrants Panels for the purposes of this
Act. An Impaired Registrants Panel has and may exercise the
jurisdiction and functions conferred or imposed on it by or under this
or any other Act.
118 Board to constitute Panel when required
(1) When the Board decides to refer a matter to an Impaired Registrants
Panel it is to appoint 2 persons, at least one of whom is a registered
dentist, to sit as the Panel for the purpose of dealing with the matter.
(2) If the matter relates to a dental auxiliary, the Board is to appoint an
additional person, who is to be a registered dental auxiliary, to sit with
the persons appointed under subsection (1) as the Panel for the
purpose of dealing with the matter.
(3) A person may be appointed to sit on an Impaired Registrants Panel
whether or not the person is a member of the Board, but not if the
person has previously dealt with the particular matter before the Panel
in his or her capacity as a member of the Board.
(4) A member of an Impaired Registrants Panel, while sitting on the
Panel, is entitled to be paid by the Board at the rate determined by the
Minister from time to time.
119 Decisions of a Panel
(1) A decision supported unanimously by the members of a Panel is the
decision of the Panel.
(2) If the members of an Impaired Registrants Panel disagree as to any
matter that is dealt with by the Panel, the Panel's report to the Board
is to include details of the disagreement and the reasons for it.
Page 66
Dental Practice Bill 2001 Clause 120
Dental Tribunal Part 11
Constitution of the Tribunal Division 1
Part 11 Dental Tribunal
Division 1 Constitution of the Tribunal
120 The Dental Tribunal
(1) There is to be a Dental Tribunal for the purposes of this Act.
(2) The Tribunal is to be constituted in accordance with this Act to deal
with a matter referred to it or an appeal or application made to it under
this Act.
(3) The Tribunal has and may exercise the jurisdiction and functions
conferred or imposed on it by or under this or any other Act.
121 Chairperson and Deputy Chairpersons of the Tribunal
(1) The Governor may appoint a legal practitioner of at least 7 years'
standing as Chairperson of the Tribunal and may appoint one or more
legal practitioners of at least 7 years' standing as Deputy Chairpersons
of the Tribunal.
(2) The Chairperson and each Deputy Chairperson hold office for such
period not exceeding 7 years as may be specified in the instrument of
appointment as Chairperson or Deputy Chairperson, but are eligible (if
otherwise qualified) for re-appointment.
(3) A Deputy Chairperson can be appointed by the Governor for the
purpose of conducting or hearing a particular inquiry or appeal, as
described in the instrument of appointment of the Deputy Chairperson.
(4) A Deputy Chairperson, while sitting on the Tribunal, has and may
exercise all the functions conferred or imposed on the Chairperson by
this Act (other than those conferred by section 122 (2)).
(5) The Chairperson or a Deputy Chairperson sitting on the Tribunal is
entitled to be paid such remuneration (including travelling and
subsistence allowances) as the Minister may from time to time
determine in respect of each of them.
(6) The Governor may appoint a Deputy Chairperson to act in the office
of Chairperson during the illness or absence of the Chairperson and the
Deputy Chairperson, while so acting, has and may exercise all the
functions of the Chairperson and is taken to be the Chairperson.
Page 67
Clause 121 Dental Practice Bill 2001
Part 11 Dental Tribunal
Division 1 Constitution of the Tribunal
(7) Part 2 of the Public Sector Management Act 1988 does not apply to or
in respect of the appointment of the Chairperson or a Deputy
Chairperson.
122 Tribunal to be constituted to deal with complaints etc
(1) The Board is to inform the Chairperson and appoint 3 other persons to
sit on the Tribunal when:
(a) a complaint or other matter is referred to the Tribunal, or
(b) the Commission decides, in accordance with the Health Care
Complaints Act 1993, to prosecute a complaint before the
Tribunal, or
(c) an appeal or application under this Act to the Tribunal is lodged
with the Registrar.
(2) The Chairperson is then to nominate himself or herself or a Deputy
Chairperson to sit on the Tribunal for the purpose of conducting an
inquiry into the complaint, matter or application or hearing the appeal.
(3) For the purpose of conducting an inquiry or hearing an appeal, the
Tribunal is to consist of:
(a) the Chairperson or a Deputy Chairperson, and
(b) 2 registered dental care providers having such qualifications as
may be prescribed, appointed by the Board, and
(c) one lay person (that is, a person who is not a registered dental
care provider) appointed by the Board from a panel of lay
persons for the time being nominated by the Minister.
(4) A person may not be appointed to sit on the Tribunal if the person is
a member of the Board.
(5) A person may not be appointed to sit on the Tribunal if the person has
previously dealt with the particular matter before the Tribunal in his or
her capacity as a member of the Board or the Committee.
(6) The Tribunal, as constituted by different persons or the same persons,
may conduct or hear more than one inquiry or appeal at the same time.
Page 68
Dental Practice Bill 2001 Clause 123
Dental Tribunal Part 11
Constitution of the Tribunal Division 1
123 Effect of vacancy on Tribunal
(1) If one of the members (other than the Chairperson or Deputy
Chairperson) constituting the Tribunal for the purpose of conducting
a hearing vacates office for any reason before an inquiry or appeal is
completed or a decision is made in respect of an inquiry or appeal, the
inquiry or appeal may be continued and a determination made by the
remaining members of the Tribunal.
(2) If more than one of the members vacate office or the Chairperson or
Deputy Chairperson vacates office for any reason before the Tribunal
has completed an inquiry or appeal or made a determination in respect
of an inquiry or appeal, the inquiry or appeal is terminated.
(3) When an inquiry or appeal is terminated, the Tribunal may be
reconstituted in accordance with this Part for the purposes of
conducting a new inquiry or appeal in respect of the matter concerned.
124 Payment of non-legal Tribunal members
A member of the Tribunal (other than the Chairperson or a Deputy
Chairperson) is while sitting on the Tribunal entitled to be paid by the
Board at the rate determined by the Minister from time to time.
125 Seal of the Tribunal
The Tribunal is to have a seal of which all courts and persons acting
judicially are to take judicial notice.
Division 2 Proceedings of the Tribunal
126 Decisions of the Tribunal
(1) The decision of the Chairperson or a Deputy Chairperson on any
question of law or procedure arising during an inquiry or appeal at
which the Chairperson or Deputy Chairperson presides is the decision
of the Tribunal for the purposes of the inquiry or appeal.
(2) A decision supported by at least 3 members of the Tribunal with
respect to a question (other than with respect to a point of law or
procedure) arising during an inquiry or appeal before the Tribunal is
the decision of the Tribunal.
Page 69
Clause 126 Dental Practice Bill 2001
Part 11 Dental Tribunal
Division 2 Proceedings of the Tribunal
(3) If 2 members support the decision and 2 members oppose the decision,
the decision of the Chairperson or Deputy Chairperson presiding is the
decision of the Tribunal.
127 Time when orders take effect
An order of the Tribunal under this Act takes effect on the day on
which the order is made or on such later day as is specified in the
order.
128 Powers of Tribunal exercised by Supreme Court
A power of the Tribunal exercised under this Act by the Supreme
Court is, except for the purposes of any appeal, taken to have been
exercised by the Tribunal.
129 Registrar to be informed of disciplinary action
The Tribunal is to inform the Registrar of the exercise of any power
under Part 5 (Complaints and disciplinary proceedings) by the
Tribunal.
Division 3 Inquiries, appeals etc before the Tribunal
130 Jurisdiction
(1) The members of the Tribunal are to conduct an inquiry into any
complaint, matter or application and are to hear any appeal referred
to it.
(2) No inquiry need be conducted into a complaint if the dental care
provider who is the subject of the complaint admits the subject-matter
of the complaint in writing to the Tribunal.
131 Notice of time and place of inquiry or appeal
The Chairperson or a Deputy Chairperson nominated to sit on the
Tribunal is to fix a time and place for the conducting of the inquiry or
the hearing of the appeal by the Tribunal and is to give not less than 14
days' notice of the inquiry or appeal to each of the following:
(a) the dental care provider concerned,
(b) the complainant, if any,
(c) the Director-General and the Board,
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Inquiries, appeals etc before the Tribunal Division 3
(d) in the case of an appeal or an inquiry into a complaint, the
Commission.
132 Conduct of proceedings
(1) The Tribunal is to conduct proceedings on an inquiry or appeal as it
thinks fit.
(2) Proceedings of the Tribunal are to be open to the public except when
the Tribunal otherwise directs.
(3) The Tribunal is not to direct that proceedings are to be closed to the
public unless satisfied that it is desirable to do so in the public interest
for reasons connected with the subject-matter of the inquiry or appeal
or the nature of the evidence to be given.
(4) The Tribunal may proceed to determine an inquiry or appeal in the
absence of the dental care provider.
(5) Schedule 5 has effect with respect to any inquiry conducted or appeal
heard by the Tribunal.
133 Representation before the Tribunal
(1) At an inquiry conducted or appeal heard by the Tribunal, the registered
dental care provider and any complainant concerned are entitled to
attend and to be represented by a legal practitioner or another adviser.
(2) The Tribunal may grant leave for any other person to appear (whether
in person or by a legal practitioner or another adviser) at an inquiry or
appeal if the Tribunal is satisfied that it is appropriate for that person
to appear.
134 Chairperson or Deputy Chairperson not to review own decisions
The Chairperson or Deputy Chairperson must not sit on the Tribunal
for the purpose of conducting any inquiry or hearing any appeal
relating to a particular matter before the Tribunal if a decision has been
made by the Chairperson or a Deputy Chairperson in relation to the
matter.
135 Adjournments and interlocutory orders
(1) The Tribunal may adjourn proceedings for any reason it thinks fit.
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Division 3 Inquiries, appeals etc before the Tribunal
(2) The Tribunal may, during any proceedings, exercise any power or
combination of powers conferred on the Tribunal by section 71
(Powers of the Tribunal), except the power to caution or reprimand.
136 Tribunal to provide details of its decision
(1) The Tribunal must provide a written statement of a decision on an
inquiry or appeal to the complainant, to the dental care provider
concerned and to the Board, and must do so as soon as practicable
after the decision is made (bearing in mind the public welfare and
seriousness of the matter).
(2) The statement of a decision must:
(a) set out any findings on material questions of fact, and
(b) refer to any evidence or other material on which the findings
were based, and
(c) give the reasons for the decision.
(3) The Tribunal may also provide the statement of a decision to such
other persons as the Tribunal thinks fit.
(4) The Board may disseminate the statement of a decision provided to it
under this section as the Board thinks fit, unless the Tribunal has
ordered otherwise.
137 Statement need not contain confidential information
(1) The Tribunal is not required to include confidential information in the
statement of a decision. If a statement would be false or misleading if
it did not include the confidential information, the Tribunal is not
required to provide the statement.
(2) When confidential information is not included in the statement of a
decision provided to a person or the statement is not provided to a
person because of subsection (1), the Tribunal must give a confidential
information notice to the person.
(3) A confidential information notice is a notice that indicates that
confidential information is not included or that the statement will not
be provided (as appropriate) and gives the reasons for this. The notice
must be in writing and must be given within one month after the
decision is made.
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Inquiries, appeals etc before the Tribunal Division 3
(4) This section does not affect the power of a court to make an order for
the discovery of documents or to require the giving of evidence or the
production of documents to a court.
(5) In this section:
confidential information means information that:
(a) has not previously been published or made available to the
public when a written statement of a decision to which it is or
may be relevant is being prepared, and
(b) relates to the personal or business affairs of a person, other than
a person to whom the Tribunal is required (or would, but for
subsection (1), be required) to provide a written statement of a
decision, and
(c) is information:
(i) that was supplied in confidence, or
(ii) the publication of which would reveal a trade secret, or
(iii) that was provided in compliance with a duty imposed
by an enactment, or
(iv) the provision of which by the Tribunal would be in
breach of any enactment.
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Clause 138 Dental Practice Bill 2001
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Part 12 Miscellaneous
138 Student registration
(1) A person is not entitled:
(a) to undertake a course of dental study recognised by the Board
for the purposes of section 8 at a Dental School in the State
accredited by the Australian Dental Council unless the person
is registered with the Board as a dentistry student, or
(b) to undertake a course of study recognised by the Board for the
purposes of section 21 unless the person is registered with the
Board as a dental auxiliary student.
(2) A person is entitled to be registered with the Board as a dentistry
student or a dental auxiliary student if the Board is satisfied that the
person genuinely requires that registration for the purposes of enabling
the person to undertake such a course of training or study.
(3) No fee is payable for registration as a dentistry student or a dental
auxiliary student.
139 Approval for employment of dentists by non-dentists
(1) The Board must not grant approval under paragraph (g) of the
definition of non-dentist in section 41 (2) unless it is satisfied that it is
in the public interest (not including the interests of registered dentists)
to do so.
(2) The Board may impose any conditions that it thinks fit on an approval
under that subsection and may vary or revoke any such approval, or
any condition imposed on any such approval.
140 Exemption from restrictions on representations for dental technicians
and dental prosthetists
(1) Sections 7 and 20 do not apply to a person who is:
(a) a dental technician, whether or not the person is a dental
prosthetist, in respect of the person indicating that the person
undertakes, or is qualified to undertake, technical work, or in
respect of the person doing anything that the person is not
prohibited from doing by section 28 (Use of certain titles etc
prohibited) of the Dental Technicians Registration Act 1975, or
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Dental Practice Bill 2001 Clause 140
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(b) a dental prosthetist, in respect of the person indicating that the
person undertakes, or is qualified to undertake, a practice of
dental prosthetics.
(2) In this section:
dental prosthetist has the same meaning as in section 5 (1) of the
Dental Technicians Registration Act 1975.
dental technician means a person registered as a dental technician
under the Dental Technicians Registration Act 1975.
practice of dental prosthetics has the same meaning as in section 5 (3)
of the Dental Technicians Registration Act 1975.
technical work has the same meaning as in section 5 (1) of the Dental
Technicians Registration Act 1975.
141 Carrying on practice of deceased dentist
A registered dentist is not guilty of unsatisfactory professional conduct
under section 41 if:
(a) the dentist practices dentistry as or for the legal personal
representative of a deceased dentist who before death carried on
that practice, and
(b) the period of practice does not extend beyond 12 months
following the date of death of the deceased dentist, or such
further period as the Board may allow in writing.
142 Civil liability of directors of incorporated practices
(1) Any claim or action which may be made, or any proceedings which
may be taken, against an incorporated practice in relation to any civil
liability of the incorporated practice arising out of or in the course of
the practice of dentistry may be made or taken against each director of
the incorporated practice who is a registered dentist.
(2) Any damages, compensation, costs or other amount which may be
awarded against the incorporated practice in relation to any such
liability may be awarded against any such director.
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Clause 143 Dental Practice Bill 2001
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143 Application of Criminal Records Act
For the purposes of the application of this Act in respect of a criminal
finding, the Criminal Records Act 1991 applies in respect of a criminal
finding as if section 8 (2) and (4) of that Act were omitted.
Note. Section 8 (2) and (4) of the Criminal Records Act 1991 make special
provision for when criminal findings become "spent" under that Act. The omission
of those subsections will mean that in determining when a criminal finding becomes
spent for the purposes of this Act, criminal findings will be treated as ordinary
convictions and the relevant crime-free period will be as provided by section 9 of
that Act.
144 How notice is to be given
(1) A requirement of this Act that a person be given notice is a
requirement that the person be given notice in writing either personally
or by post.
(2) For the purposes of section 76 of the Interpretation Act 1987, a notice
served by post on a person for the purposes of this Act is to be treated
as being properly addressed if it is addressed to the address of the
person last known to the Registrar or last recorded in the Dentists
Register or the Dental Auxiliaries Register.
145 Service of documents on Board
A document (other than a complaint made under Part 5) may be
served on the Board by leaving it at or sending it by post to any office
of the Board. This section does not affect the operation of any
provision of a law or of the rules of a court authorising a document to
be served on the Board in any other manner.
146 Written statement of decisions
(1) If the Board, the Board's President or a member authorised by the
Board makes a decision concerning a person under any provision of
this Act, the person may request in writing that the Board, President or
member provide the person with a written statement of the decision.
(2) Any such request is to be made no later than 60 days after the decision
to which it relates.
(3) The Board, the President or the member is to provide a written
statement of the decision within 30 days after receiving such a request.
(4) A written statement of a decision must give the reasons for the
decision.
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(5) The Board, the President or the member is not required to include
confidential information in the statement of a decision. If a statement
would be false or misleading if it did not include the confidential
information, the Board, the President or the member is not required to
provide the statement.
(6) When confidential information is not included in the statement of a
decision provided to a person or the statement is not provided to a
person because of subsection (5), the Board, the President or the
member must give a confidential information notice to the person.
(7) A confidential information notice is a notice that indicates that
confidential information is not included or that the statement will not
be provided (as appropriate) and gives the reasons for this. The notice
must be in writing and must be given within one month after the
decision is made.
(8) This section does not affect the power of a court to make an order for
the discovery of documents or to require the giving of evidence or the
production of documents to a court.
(9) In this section:
confidential information means information that:
(a) has not previously been published or made available to the
public when a written statement of a decision to which it is or
may be relevant is being prepared, and
(b) relates to the personal or business affairs of a person, other than
a person to whom the Board, the President or the member is
required (or would, but for subsection (5), be required) to
provide a written statement of a decision, and
(c) is information:
(i) that was supplied in confidence, or
(ii) the publication of which would reveal a trade secret, or
(iii) that was provided in compliance with a duty imposed
by an enactment, or
(iv) the provision of which by the Board, the President or
the member would be in breach of any enactment.
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Clause 147 Dental Practice Bill 2001
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147 Notice of disciplinary action to other Boards
(1) When the registration of a dental care provider is suspended or
cancelled or any condition is imposed on the registration of a dental
care provider:
(a) the Board must without delay notify particulars of that action to
the local registration authority of each neighbouring
jurisdiction, and
(b) the Board may notify particulars of that action to the local
registration authority of any other jurisdiction.
(2) When the registration of a dental care provider is suspended or
cancelled or any condition is imposed on the registration of a dental
care provider, and the Board is aware that the dental care provider is
registered under a health registration Act, the Board must without
delay notify particulars of that action to the registration authority under
that Act.
(3) The Board is required or authorised to act under this section despite
any law relating to secrecy or confidentiality.
(4) This section does not affect any obligation or power to provide
information under the Mutual Recognition laws.
(5) In this section:
local registration authority of a jurisdiction means the person or
authority in the jurisdiction having the function conferred by
legislation of registering persons in connection with the carrying on of
dentistry or the carrying out of dental auxiliary activities in the
jurisdiction.
neighbouring jurisdiction means each Australian State, the Australian
Capital Territory, the Northern Territory and New Zealand.
registration includes the licensing, approval, admission, certification
(including by way of practising certificates), or any other form of
authorisation, of a person required by or under legislation for the
carrying on of the practice of dentistry or dental auxiliary practice.
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148 False or misleading entries and statements
A person must not:
(a) make or cause to be made in the Dentists Register or the Dental
Auxiliaries Register an entry that the person knows to be false
or misleading or alter an entry in such a Register with intent to
render the entry false or misleading, or
(b) for the purposes of obtaining registration as a dental care
provider either for that person or for anyone else, make a
statement, whether orally or in writing, that the person knows
to be false or misleading.
Maximum penalty: 50 penalty units or imprisonment for 12 months,
or both.
149 Evidentiary certificates and evidence of entry in Registers
(1) A certificate purporting to have been signed by the Registrar to the
effect that:
(a) a person specified in the certificate was or was not a registered
dental care provider at a time or during a period so specified, or
(b) the name of a person specified in the certificate was removed
from the Dentists Register or the Dental Auxiliaries Register at
a time so specified, or
(c) the registration of a person specified in the certificate was
suspended from a time so specified and for a period so
specified, or
(d) a condition, particulars of which are set out in the certificate,
was, at a time or during a period so specified:
(i) imposed on the registration of a person so specified, or
(ii) revoked or not in force,
is, without proof of the signature of the person by whom the certificate
purports to have been signed, admissible in any proceedings and is
prima facie evidence of the matter certified in it.
(2) An entry in the Dentists Register or the Dental Auxiliaries Register is
admissible in any proceedings and is prima facie evidence of the
matter stated in it.
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Clause 149 Dental Practice Bill 2001
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(3) A document purporting to be a copy of an entry in the Dentists
Register or the Dental Auxiliaries Register, purportedly signed by the
Registrar, is admissible in any proceedings and is prima facie evidence
of the matter stated in it.
150 Authentication of certain documents
Every certificate, summons, process, demand, order, notice, statement,
direction or other document requiring authentication by the Board may
be sufficiently authenticated without the seal of the Board if signed by:
(a) the President or the Registrar, or
(b) any officer of the Board authorised to do so by the Registrar.
151 Fees
(1) All money received by the Board (whether for fees or otherwise) that
is not required by this Act to be dealt with in some other manner is to
be paid into an account or accounts established by the Board.
(2) The Board may at any time waive payment of part or all of a fee
payable under this Act, whether in a particular case or in a class of
cases.
(3) The power to waive payment of fees extends to any fee payable in
relation to registration as a dental care provider under the Mutual
Recognition laws.
152 Dental Education and Research Account
(1) The Board is to establish a Dental Education and Research Account.
(2) Such amounts as are determined by the Board from time to time are to
be paid into the Account by the Board from fees payable under this
Act or the regulations.
(3) Money in the Account may be expended by the Board for any one or
more of the following:
(a) dental education,
(b) education or research for any public purpose connected with the
practice of dentistry,
(c) the publication and distribution of information concerning this
Act and the regulations,
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Dental Practice Bill 2001 Clause 152
Miscellaneous Part 12
(d) meeting administrative expenditure incurred with respect to the
Account and the purposes for which it is used,
or any related purpose.
(4) An expenditure of money under this section is not to be made unless
it is authorised by a resolution supported by at least 7 members of the
Board.
153 Appointment and powers of inspectors
(1) The Director-General may appoint any person as an inspector for the
purposes of this Act. The Director-General is to provide an inspector
with a certificate of authority.
(2) An inspector may exercise the powers conferred by this section for the
purpose of:
(a) ascertaining whether the provisions of this Act or the
regulations are being complied with or have been contravened,
or
(b) ascertaining whether section 10AF (Restricted dental practices)
of the Public Health Act 1991 has been contravened, or
(c) investigating a complaint made or intended to be made under
Part 5.
(3) An inspector may, with the approval of the Board given on the
particular occasion, enter and inspect at any reasonable time any
premises that the inspector believes on reasonable grounds are being
used for the carrying on of the practice of dentistry or dental auxiliary
activities.
(4) While on premises entered under this section or under the authority of
a search warrant under section 154, an inspector may do any one or
more of the following:
(a) require any person on those premises to produce any records in
the possession or under the control of that person relating to the
carrying on of the practice of dentistry or dental auxiliary
activities or a contravention of a provision of this Act or the
regulations or of section 10AF of the Public Health Act 1991,
(b) inspect, take copies of, or extracts or notes from, any such
records and, if the inspector considers it necessary to do so for
the purpose of obtaining evidence, seize any such records,
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Clause 153 Dental Practice Bill 2001
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(c) examine and inspect any apparatus or equipment used or
apparently used in the course of the practice of dentistry,
(d) take such photographs, films and audio, video and other
recordings as the inspector considers necessary,
(e) require any person on those premises to answer questions or
otherwise furnish information in relation to the carrying on of
the practice of dentistry or a contravention of a provision of this
Act or the regulations or of section 10AF of the Public Health
Act 1991,
(f) require the owner or occupier of those premises to provide the
inspector with such assistance and facilities as is or are
reasonably necessary to enable the inspector to exercise the
functions of an inspector under this section.
(5) An inspector is not entitled to enter a part of premises used for
residential purposes, except:
(a) with the consent of the occupier of the part, or
(b) under the authority of a search warrant.
(6) An inspector must, when exercising on any premises any function of
the inspector under this section, produce the inspector's certificate of
authority to any person apparently in charge of the premises who
requests its production.
(7) A person must not:
(a) without reasonable excuse, refuse or fail to comply with any
requirement made or to answer any question asked by an
inspector under the authority of this section, or
(b) wilfully delay, hinder or obstruct an inspector in the exercise of
the inspector's powers under this section, or
(c) furnish an inspector with information knowing it to be false or
misleading in a material particular.
Maximum penalty: 5 penalty units.
(8) If an inspector seizes any records under this section, they may be
retained by the inspector until the completion of any proceedings
(including proceedings on appeal) in which they may be evidence but
only if the person from whom the records were seized is provided,
within a reasonable time after the seizure, with a copy of the records
certified by an inspector as a true copy.
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(9) A copy of records provided under subsection (8) is, as evidence, of
equal validity to the records of which it is certified to be a copy.
154 Search warrants
(1) A person appointed under this Act as an inspector may apply to an
authorised justice for the issue of a search warrant for premises if the
inspector believes on reasonable grounds:
(a) that a provision of this Act or the regulations, or of
section 10AF of the Public Health Act 1991, is being or has
been contravened on the premises, or
(b) that there is on the premises evidence of a contravention of a
provision of this Act or the regulations.
(2) A person appointed under this Act as an inspector must not apply for
a search warrant unless the person or the Director-General has caused
the President of the Board to be notified of the application.
(3) An authorised justice to whom such an application is made may, if
satisfied that there are reasonable grounds for doing so, issue a search
warrant authorising an inspector named in the warrant:
(a) to enter and inspect the premises, and
(b) to exercise on the premises any function of an inspector under
section 153.
(4) Part 3 of the Search Warrants Act 1985 applies to a search warrant
issued under this section.
(5) In this section, authorised justice has the same meaning as in the
Search Warrants Act 1985.
155 Liability of officers and members
No matter or thing done or omitted to be done by:
(a) the Board or a member of the Board, or
(b) the Registrar or any other officer of the Board, or
(c) the Committee or a member of the Committee, or
(d) an Impaired Registrants Panel or a member of an Impaired
Registrants Panel, or
(e) the Tribunal or a member of the Tribunal, or
(f) a nominal complainant,
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Clause 155 Dental Practice Bill 2001
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subjects the member, or the Registrar, or officer, or nominal
complainant, personally to any action, liability, claim or demand, if the
matter or thing was done in the exercise, or intended exercise, of any
of his or her functions or done in good faith for the purpose of
executing this or any other Act.
156 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any provision
of this Act or the regulations, each person who is a director of the
corporation or who is concerned in the management of the corporation
is taken to have contravened the same provision if the person
knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision
pursuant to subsection (1) whether or not the corporation has been
proceeded against or has been convicted under the provision.
(3) Nothing in this section affects any liability imposed on a corporation
for an offence committed by the corporation against this Act or the
regulations.
157 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations are to be
dealt with summarily before a Local Court constituted by a Magistrate
sitting alone.
(2) Despite anything in any other Act, proceedings for an offence against
this Act or the regulations may be instituted within the period of
12 months after the act or omission alleged to constitute the offence.
158 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect
to the following:
(a) the proceedings of the Board,
(b) any kinds of certificates of registration under this Act,
(c) the registration of dental students,
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(d) the manner in which any notice under this Act may be served,
(e) the procedure to be followed at and any matters incidental to
the holding of an inquiry or appeal by the Committee or the
Tribunal, and matters relating to the custody and use of the seal
of the Tribunal,
(f) the procedure before an Impaired Registrants Panel,
(g) the establishment by the Board of standards for the conduct and
marking of examinations and the remuneration of examiners,
(h) the setting of fees by the Board in relation to examinations
conducted by it,
(i) the forms to be used for the purposes of this Act and the
regulations,
(j) the fees to be paid under this Act,
(k) the carrying out of dental auxiliary activities by registered
dental auxiliaries, or particular classes of registered dental
auxiliaries,
(l) the manner in which, and the extent to which, a registered
dentist or other person may advertise dentistry practices,
(m) the manner in which, and the extent to which, a registered
dental auxiliary or other person may advertise dental auxiliary
activities,
(n) the manner in which, and the extent to which, a person or body
referred to in section 41 (2) (d)(g) may advertise the dental
services available from it,
(o) requiring a dental care provider to disclose specified
information to a person to whom the dental care provider
provides dentistry services or dental auxiliary services,
including information disclosing any pecuniary interest of the
dental care provider in any business or service provider to
whom the dental care provider refers such a person,
(p) the inspection by or on behalf of the Board of dentistry
practices or dental auxiliary practices,
(q) the making and keeping of records by registered dental care
providers and the obligations of dental care providers to allow
release of, access to or inspection of those records,
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Clause 158 Dental Practice Bill 2001
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(r) information to be provided by institutions in relation to dentists
who have limited registration and are practising dentistry in that
institution,
(s) the duties of officers under this Act,
(t) the furnishing to the Board by a registered dental care provider
or an applicant for registration of evidence of the date of the
person's birth,
(u) prohibiting or regulating the use of any anaesthetic, or an
anaesthetic of a specified kind or description, by dental care
providers,
(v) providing for the application of the provisions of this Act to
incorporated practices and the modification of those provisions
in their application,
(w) infection control standards to be followed by persons in the
practice of dentistry or the carrying out of dental auxiliary
activities.
(3) A regulation may create an offence punishable by a penalty not
exceeding 10 penalty units.
159 Amendments
Each Act and Regulation specified in Schedule 6 is amended as set out
in that Schedule.
160 Repeals
The Dentists Act 1989 is repealed.
161 Savings and transitional provisions
Schedule 7 has effect.
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Dental Practice Bill 2001
Registration procedures Schedule 1
Schedule 1 Registration procedures
(Sections 11 and 24)
Part 1 Applying for registration
1 Form of application
An application for registration must be in a form approved by the
Board and must be lodged with the Registrar.
2 Application fee
(1) The application is to be accompanied by the fee determined by the
Minister in consultation with the Board.
(2) Different fees may be determined in respect of different types of
applications.
(3) The Board is entitled to refuse to determine an application until the fee
is paid.
(4) The Board may in a particular case waive the requirement for a fee or
reduce a fee.
3 Material to accompany application
The application is to be accompanied by such evidence and other
information as the Board requires.
4 Disclosure of convictions and charges
(1) The Board may require an applicant for registration to disclose:
(a) details of any offence for which the applicant has been
convicted or made the subject of a criminal finding in this State
or elsewhere (together with details of any penalty imposed for
the offence), other than an offence prescribed by the regulations
as not being relevant for the purposes of this clause, and
(b) details of any criminal proceedings pending against the
applicant in this State or elsewhere for a sex/violence offence.
(2) The Board may require a disclosure for the purposes of this clause to
be in the form of a statutory declaration.
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Schedule 1 Registration procedures
(3) Any power of the Board to require disclosure of a conviction or
criminal finding for an offence or to have regard to the conviction of
or the making of a criminal finding in respect of an applicant for
registration for an offence extends to a conviction or criminal finding
for an offence committed before the commencement of this clause.
5 Time within which application to be determined
(1) For the purposes of an appeal under this Act, the Board is taken to
have determined that an applicant for registration is not entitled to be
registered and to have refused the application if the Board does not
consider and determine the application within 3 months after the
application is lodged with the Registrar.
(2) The Board and the applicant may agree on a longer period than 3
months for the purposes of this clause, in which case the agreed longer
period applies.
Part 2 Dealing with applications
6 Applications to be considered and determined
The Board is to consider and determine all applications for
registration. The Board determines an application by either registering
the applicant or refusing the application.
7 Notice to applicant of decision on application
(1) The Board is to give an applicant for registration notice of the Board's
decision on the application as soon as practicable after the decision is
made.
(2) If the decision is to grant registration, the Board is to issue to the
applicant a certificate of registration in a form approved by the Board
and stating such particulars as the Board determines.
8 How a person is registered
The Board registers a person by recording the person's name in the
Register of Dentists or the Register of Dental Auxiliaries together with
such particulars as the Board considers appropriate.
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Registration procedures Schedule 1
Part 3 Inquiries
9 Board may hold inquiry into eligibility
(1) The Board may hold an inquiry, in such cases as it considers
appropriate, into the eligibility of an applicant to be registered as a
dentist or as a dental auxiliary.
(2) The inquiry may include an inquiry into the applicant's competence to
practise dentistry or to carry out dental auxiliary activities.
10 Commission to be notified of inquiry
(1) The Board must give the Commission at least 7 days' notice in writing
before the Board holds an inquiry under this Part.
(2) The Commission may appear and be heard at an inquiry under this
Part.
11 Applicant to be notified of inquiry
The President is to fix a time and place for the holding of an inquiry
and is to cause the applicant concerned to be given at least 14 days'
notice in writing of the time and place for the inquiry.
12 Powers etc of the Board in an inquiry
For the purposes of an inquiry conducted by the Board under this Part,
the Board has the same functions that the Tribunal has under this Act.
However, proceedings on an inquiry conducted by the Board are not
to be open to the public.
13 Dental care provider entitled to attend
(1) The person in relation to whom an inquiry is being held is entitled to
attend and to be accompanied by a legal practitioner or another adviser,
but is not entitled to be represented by a legal practitioner or other
adviser.
(2) This clause does not prevent the Board from proceeding with an
inquiry in the absence of the applicant so long as the applicant has
been given notice of the inquiry in accordance with clause 11.
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14 Provisions concerning witnesses etc
Schedule 5 applies to and in respect of a person or witness appearing
or evidence given at an inquiry in the same way as it applies to a
person or witness appearing or evidence given before the Tribunal.
15 Constitution of Board for inquiry
(1) If the Board decides to hold an inquiry, the Board is to appoint 3
persons to conduct the inquiry.
(2) The persons appointed to conduct the inquiry need not be members of
the Board.
(3) The persons appointed to conduct an inquiry are taken to be members
of the Board and to constitute the Board for the purposes of the inquiry
and, accordingly, may exercise the functions of the Board in relation
to the inquiry.
16 Director-General may intervene at inquiry
The Director-General may intervene in any inquiry before the Board
and is entitled to be heard personally or by being represented by an
officer of the Department of Health.
17 Preliminary medical examinations of applicants for registration
(1) Before or during an inquiry under this Part, the Board may require the
applicant for registration, by notice in writing given personally or by
post to the applicant, to undergo at the Board's expense a medical
examination by a registered medical practitioner specified in the notice,
at any reasonable time and place so specified.
(2) A failure by an applicant, without reasonable cause, to comply with
such a notice is, for the purposes of this Part (including any inquiry or
appeal under this Act) evidence that the applicant does not have
sufficient physical and mental capacity to practise dentistry or to carry
out dental auxiliary activities.
18 Decisions of the Board in an inquiry
A decision supported by at least 2 of the 3 persons appointed to
conduct an inquiry under this Part on an inquiry, or on any question
arising during an inquiry, is a decision of the Board.
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19 Details of decision to be supplied to applicant
(1) The Board must provide a written statement of a decision on an
inquiry to the person in relation to whom the inquiry was held and
must do so within one month after the decision is made.
(2) The statement of a decision must:
(a) give the reasons for the decision, and
(b) include information about any appeal rights the person has
under section 18 or section 30.
(3) The Board may also provide the statement of a decision to such other
persons as the Board thinks fit.
20 Statement need not contain confidential information
(1) The Board is not required to include confidential information in the
statement of a decision. If a statement would be false or misleading if
it did not include the confidential information, the Board is not
required to provide the statement.
(2) When confidential information is not included in the statement of a
decision provided to a person or the statement is not provided to a
person because of subclause (1), the Board must give a confidential
information notice to the person.
(3) A confidential information notice is a notice that indicates that
confidential information is not included or that the statement will not
be provided (as appropriate) and gives the reasons for this. The notice
must be in writing and must be given within one month after the
decision is made.
(4) This clause does not affect the power of a court to make an order for
the discovery of documents or to require the giving of evidence or the
production of documents to a court.
(5) In this clause:
confidential information means information that:
(a) has not previously been published or made available to the
public when a written statement of a decision to which it is or
may be relevant is being prepared, and
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(b) relates to the personal or business affairs of a person, other than
a person to whom the Board is required (or would, but for
subclause (1), be required) to provide a written statement of a
decision, and
(c) is information:
(i) that was supplied in confidence, or
(ii) the publication of which would reveal a trade secret, or
(iii) that was provided in compliance with a duty imposed
by an enactment, or
(iv) the provision of which by the Board would be in breach
of any enactment.
Part 4 Keeping and alteration of the Dentists Register
and the Dental Auxiliaries Register
21 Board is to keep Registers
(1) The Board is to keep 2 registers, being:
(a) a register called the Register of Dentists for New South Wales,
and
(b) a register called the Register of Dental Auxiliaries for New
South Wales.
(2) A Register is to be kept in such form as the Board determines.
(3) A Register must be available for inspection by any person:
(a) in person at the office of the Board at all reasonable times, and
(b) by such other means (such as Internet access) and at such other
times as the Board determines.
(4) The Board may charge a fee for an inspection of a Register, not
exceeding such amount as may be prescribed by the regulations.
(5) The Board may carry out searches of a Register on a person's behalf
and may charge such fee as it determines for the search.
(6) The Register of Dental Auxiliaries is to be divided into parts, so as to
provide a separate part for each class of dental auxiliaries.
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22 Information to be recorded in Registers
(1) The Board is to record in the relevant Register such particulars of the
registration of each registered dentist or registered dental auxiliary as
the Board considers appropriate, subject to the regulations. The
regulations may make provision for or with respect to the information
to be recorded in each Register.
(2) The Board is to record in the Dentists Register in respect of a
registered dentist particulars of any certificate, diploma, membership,
degree, licence, letters, testimonial or other title, status, document or
description that the Board has from time to time authorised the dentist
to use under section 31.
(3) Any conditions to which a dentist's or dental auxiliary's registration is
subject must be recorded in the relevant Register.
(4) The Board may, on application by a registered dentist or registered
dental auxiliary and payment of the prescribed fee, record in the
relevant Register any particulars in addition to those required to be
recorded in that Register, as the Board approves.
(5) The Board must make such other recordings in each Register as may
be necessary for the purpose of maintaining the Registers as an
accurate record of the particulars relating to each registered dentist and
registered dental auxiliary.
23 Method of removal from the Registers
(1) The name of a registered dentist or registered dental auxiliary is
removed from the relevant Register by the making in that Register of
such recording as the Board directs.
(2) The Board must cause a person to be given notice that the person's
name has been removed from the relevant Register unless the person's
name was removed in accordance with an order of the Chairperson, a
Deputy Chairperson, the Tribunal or the Supreme Court under this Act.
24 Surrender of certificates
(1) The Board may by notice require a person who has ceased to be
registered to furnish to the Board within a time specified in the notice
a certificate issued to the person under this Act in respect of that
registration.
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(2) A person on whom such a notice has been served must not, without
reasonable cause, fail to comply with the requirements of the notice.
Maximum penalty: 10 penalty units.
25 Making a recording in a Register--extended meaning
A reference in this Act to the making of a recording in a Register
includes a reference to amending, cancelling or deleting a recording in
that Register.
Part 5 Annual registration fees
26 Annual registration fee payable
(1) A registered dentist or registered dental auxiliary must, on or before a
date notified by the Board in writing to the dentist or dental auxiliary
at least 1 month in advance, pay to the Board the annual registration
fee determined by the Minister in consultation with the Board.
(2) Different fees may be determined for the purposes of this clause in
respect of different classes of registration.
27 Dentist's or dental auxiliary's name may be removed from Register for
non-payment
(1) The Board is to notify a registered dentist or registered dental auxiliary
who does not pay the annual registration fee on or before the due date
that if the fee is not paid on or before a later date specified in the
notification the dentist's or dental auxiliary's name will be removed
from the relevant Register.
(2) The Board may cause to be removed from a Register the name of any
registered dentist or registered dental auxiliary who has been so
notified and fails to pay the fee on or before that later date.
28 Entitlement to re-registration if fee paid
(1) A person whose name has been removed from a Register for failure to
pay the annual registration fee is entitled to re-registration if the person
pays to the Board any unpaid annual registration fee or fees together
with any applicable late payment fee.
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(2) A late payment fee is applicable when more than 3 months have
elapsed since the person's name was removed from the relevant
Register. The late payment fee is such amount as the Board
determines.
(3) The Board may waive payment of a late payment fee in a particular
case if the Board thinks it appropriate to do so.
(4) The entitlement to re-registration is an entitlement to registration on the
same terms and subject to the same conditions (if any) as applied to the
person's registration immediately before the removal of his or her
name from the relevant Register.
(5) The Board may refuse to register a person under this clause if the
Board is of the opinion, following an inquiry under Part 3 of this
Schedule, that the person is not of good character or:
(a) in the case of a dentist--is not competent to practise dentistry,
or
(b) in the case of a dental auxiliary--is not competent to carry out
dental auxiliary activities.
(6) A person registered pursuant to an entitlement to re-registration under
this clause is taken to have been so registered on and from the day the
person's name was removed from the relevant Register or on and from
such later day as the Board determines and notifies to the person.
(7) An entitlement to re-registration under this clause does not override
any other provision of this Act pursuant to which a person's name is
authorised or required to be removed from the relevant Register.
29 Board may waive registration fee
The Board may, for such reason as it considers proper, waive the
requirement that an annual registration fee be paid by a registered
dentist or registered dental auxiliary in any particular year.
Part 6 Removal from and alteration of Registers
30 Removal of person wrongfully registered
(1) The Board may remove the name of any person from a Register who
has been registered by reason of any false or fraudulent representation
or declaration or by reason of a mistake.
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(2) A person whose name has been removed from a Register under this
clause may appeal to the Tribunal against the Board's decision.
(3) An appeal must be made within 28 days (or such longer period as the
Chairperson may allow in a particular case) after notice of the decision
is given to the person. The appeal is to be lodged with the Registrar
who is to refer it to the Tribunal.
(4) An appeal does not affect the decision with respect to which it is made
until the appeal is determined.
(5) When it determines an appeal, the Tribunal may dismiss the appeal or
order that the decision of the Board be revoked and replaced by a
different decision made by the Tribunal and specified in the order. The
Tribunal may also make such ancillary orders as it thinks proper.
(6) The Tribunal's decision is taken to be a decision of the Board (but this
does not confer a right of appeal under this clause in respect of the
Tribunal's decision).
31 Removal on death or at own request
The Board must remove the name of a registered dentist or registered
dental auxiliary from the relevant Register if the dentist or dental
auxiliary has died or has requested the Board to remove his or her
name.
32 Removal or amendment pursuant to disciplinary order
(1) The Board must remove the name of a person from the relevant
Register if removal of the person's name is required by any order
under this Act of the Chairperson, a Deputy Chairperson, the Tribunal
or the Supreme Court.
(2) The Board is to make such recordings in the relevant Register as may
be necessary to give effect to any order under this Act of the Board, the
Chairperson, a Deputy Chairperson, the Tribunal or the Supreme Court
as to the conditions to be imposed on a person's registration.
33 Dentist or dental auxiliary to be notified of action
The Board must give the dentist or dental auxiliary concerned notice
of action taken by the Board under this Part.
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Provisions relating to the members of the Board Schedule 2
Schedule 2 Provisions relating to the members of the
Board
(Section 112)
1 Definitions
In this Schedule:
appointed member means a member of the Board appointed by the
Governor under section 108 (1) (b).
elected member means a member of the Board elected under
section 108 (1) (a).
2 President and Deputy President of the Board
(1) Of the members of the Board:
(a) one who is a registered dentist is to be appointed as President
of the Board, and
(b) one is to be appointed as Deputy President of the Board.
(2) Those appointments may be made in and by the instrument of
appointment of the relevant member as member or by another
instrument executed by the Governor.
(3) The Governor may remove a member from the office of President or
Deputy President.
(4) A person who is the President or Deputy President vacates office as
President or Deputy President if the person:
(a) is removed from that office by the Governor, or
(b) resigns that office by instrument in writing addressed to the
Minister, or
(c) ceases to be a member.
3 Acting members and acting President
(1) The Governor may, from time to time, appoint a person to act in the
office of a member during the illness or absence of the member, and
the person, while so acting, has all the functions of the member and is
taken to be the member.
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(2) The Deputy President of the Board may act in the office of President
during the illness or absence of the President, and while so acting has
all the functions of the President and is taken to be the President.
(3) The Governor may, from time to time, appoint a member to act in the
office of President during the illness or absence of both the President
and Deputy President, and the member, while so acting, has all the
functions of the President and is taken to be the President.
(4) The Governor may remove any person from any office to which the
person was appointed under this clause.
(5) A person while acting in the office of a member is entitled to be paid
such remuneration (including travelling and subsistence allowances)
as the Minister may from time to time determine in respect of the
person.
(6) For the purposes of this clause, a vacancy in the office of a member,
the President or the Deputy President is taken to be an absence from
office of the member, President or Deputy President.
4 Terms of office
(1) Subject to this Schedule:
(a) an appointed member holds office for such period (not
exceeding 4 years) as may be specified in the member's
instrument of appointment, but is eligible (if otherwise
qualified) for re-appointment, and
(b) an elected member holds office for 4 years from the date of the
member's election, but is eligible (if otherwise qualified) for re-
election.
(2) A person may not be appointed or elected to serve more than 3
consecutive terms of office as a member of the Board.
5 Remuneration
A member is entitled to be paid such remuneration (including
travelling and subsistence allowances) as the Minister may from time
to time determine in respect of the member.
6 Vacancy in office of member
(1) The office of a member becomes vacant if the member:
(a) dies, or
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(b) completes a term of office and is not re-appointed (in the case
of an appointed member) or re-elected (in the case of an
elected member), or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Governor under this clause or
under Part 8 of the Public Sector Management Act 1988, or
(e) is absent from 4 consecutive meetings of the Board of which
reasonable notice has been given to the member, except on
leave granted by the Minister or unless, before the expiration of
4 weeks after the last of those meetings, the member is excused
by the Minister for being absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration
for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence so
punishable, or
(i) in the case of an appointed member referred to in section
108 (2) (a), the member ceases to be an officer or employee
referred to in that paragraph, or
(j) in the case of an elected member or an appointed member
referred to in section 108 (2) (b)(d), the member's registration
under this Act is suspended or cancelled, or the member's name
is for any reason removed from the Register in which it is
recorded, or
(k) in the case of an appointed member referred to in section
108 (2) (f), the member ceases to be a legal practitioner.
(2) The Governor may remove a member from office at any time.
(3) Without affecting the generality of subclause (2), the Governor may
remove from office a member who contravenes the provisions of
clause 8.
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Schedule 2 Provisions relating to the members of the Board
7 Filling of vacancy in office of member
(1) If the office of an appointed member becomes vacant, the Governor
may appoint a person nominated in the same way and having the same
qualifications (if any) as the member whose office was vacated.
(2) In the case of a vacancy in the office of an elected member, the
Governor may appoint a person nominated by the Australian Dental
Association, New South Wales Branch. The person appointed is taken
to be an elected member.
(3) A person appointed to fill a casual vacancy under this clause holds
office for the balance of the term of office of the member whose office
was vacated, and is eligible for re-appointment or re-election to the
Board.
8 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting of the
Board, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must as soon as possible after the relevant facts have come
to the member's knowledge, disclose the nature of the interest at a
meeting of the Board.
(2) A disclosure by a member at a meeting of the Board that the member:
(a) is a member, or is in the employment, of a specified company
or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may
arise after the date of the disclosure and which is required to be
disclosed under this clause.
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(3) Particulars of any disclosure made under this clause are to be recorded
by the Board in a book kept for the purpose and that book is to be
open at all reasonable hours to inspection by any person on payment
of the fee determined by the Board.
(4) After a member has disclosed the nature of an interest in any matter,
the member must not, unless the Minister or the Board otherwise
determines:
(a) be present during any deliberation of the Board with respect to
the matter, or
(b) take part in any decision of the Board with respect to the
matter.
(5) For the purposes of the making of a determination by the Board under
subclause (4), a member who has a direct or indirect pecuniary interest
in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the Board for the purpose
of making the determination, or
(b) take part in the making by the Board of the determination.
(6) A contravention of this clause does not invalidate any decision of the
Board.
(7) This clause does not apply to or in respect of an interest of a member
in a matter that arises merely because the member is a dental care
provider.
(8) A reference in this clause to a meeting of the Board includes a
reference to a meeting of a committee of the Board.
9 Effect of certain other Acts
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or
in respect of the appointment of a member.
(2) If by or under any other Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office,
or
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(b) prohibiting the person from engaging in employment outside
the duties of that office,
that provision does not operate to disqualify the person from holding
that office and also the office of a member or from accepting and
retaining any remuneration payable to the person under this Act as a
member.
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Provisions relating to the procedure of the Board Schedule 3
Schedule 3 Provisions relating to the procedure of the
Board
(Section 112)
1 First meeting of Board
The Minister may call the first meeting of the Board in such manner
as the Minister thinks fit.
2 General procedure
The procedure for the calling of meetings of the Board and for the
conduct of business at those meetings is, subject to this Act and the
regulations, to be as determined by the Board.
3 Quorum
The quorum for a meeting of the Board is 7 members.
4 Presiding member
(1) The President or, in the absence of the President, the Deputy President
or, in the absence of both of them, another member of the Board
elected to chair the meeting by the members present, is to preside at a
meeting of the Board.
(2) The person presiding at any meeting of the Board has a deliberative
vote and, in the event of an equality of votes, has a second or casting
vote.
5 Voting
A decision supported by a majority of the votes cast at a meeting of the
Board at which a quorum is present is the decision of the Board.
6 Minutes
The Board must cause full and accurate minutes to be kept of the
proceedings of each meeting of the Board.
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7 Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given
to the contrary) of:
(a) the constitution of the Board, or
(b) any resolution of the Board, or
(c) the appointment of, or the holding of office by, any member of
the Board, or
(d) the presence of a quorum at any meeting of the Board.
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Provisions relating to the Committee Schedule 4
Schedule 4 Provisions relating to the Committee
(Section 116)
Part 1 The Members
1 Chairperson of the Committee
One of the members referred to in section 115 (2) (a) is to be
appointed by the Minister as the Chairperson of the Committee.
2 Term of office
Subject to this Schedule, a member of the Committee holds office for
such period, not exceeding 4 years, as may be specified in the
instrument of appointment of the member, but is eligible (if otherwise
qualified) for re-appointment.
3 Remuneration
A member of the Committee is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister may
from time to time determine in respect of the member.
4 Filling of vacancy in office of member
If the office of any member of the Committee becomes vacant, a
person is, subject to this Act, to be appointed to fill the vacancy.
5 Casual vacancies
(1) A member of the Committee is to be taken to have vacated office if the
member:
(a) dies, or
(b) absents himself or herself from 4 consecutive meetings of the
Committee of which reasonable notice has been given to the
member personally or in the ordinary course of post, except on
leave granted by the Minister or unless, before the expiration of
4 weeks after the last of those meetings, the member is excused
by the Minister for being absent from those meetings, or
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(c) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration
for their benefit, or
(d) becomes a mentally incapacitated person, or
(e) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence so
punishable, or
(f) resigns the office by instrument in writing addressed to the
Minister, or
(g) is removed from office by the Minister under subclause (3).
(2) Without limiting the generality of subclause (1), a member who is
appointed under section 115 (2) (a) or (b) and who ceases to be a
registered dentist is to be taken to have vacated office.
(3) The Minister may remove a member from office.
Part 2 Procedure of the Committee
6 General procedure
The procedure for the calling of meetings of the Committee and for the
conduct of business at those meetings is, subject to this Act, to be as
determined by the Committee.
7 Quorum
The quorum for a meeting of the Committee is 3 members.
8 Voting
A decision supported by a majority of the votes cast at a meeting of the
Committee at which a quorum is present is the decision of the
Committee.
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9 Presiding member
(1) The Chairperson of the Committee or, in the absence of the
Chairperson, another member of the Committee elected to chair the
meeting by the members present, is to preside at a meeting of the
Committee.
(2) The person presiding at any meeting of the Committee has a
deliberative vote and, in the event of an equality of votes, has a second
or casting vote.
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Schedule 5 Proceedings before the Tribunal
Schedule 5 Proceedings before the Tribunal
(Section 132)
1 Proceedings generally
In proceedings before it, the Tribunal is not bound to observe the rules
of law governing the admission of evidence, but may inform itself of
any matter in such manner as it thinks fit.
2 Power to summon witnesses and take evidence
(1) The Chairperson or Deputy Chairperson may summon a person to
appear in proceedings before the Tribunal, to give evidence and to
produce such documents (if any) as are referred to in the summons.
(2) The person presiding at the proceedings may require a person
appearing in the proceedings to produce a document.
(3) The Tribunal may, in proceedings before it, take evidence on oath or
affirmation and, for that purpose a member of the Tribunal:
(a) may require a person appearing in the proceedings to give
evidence either to take an oath or to make an affirmation in a
form approved by the person presiding, and
(b) may administer an oath to or take an affirmation from a person
so appearing in the proceedings.
(4) A person served with a summons to appear in any such proceedings
and to give evidence must not, without reasonable excuse:
(a) fail to attend as required by the summons, or
(b) fail to attend from day to day unless excused, or released from
further attendance, by a member of the Tribunal.
(5) A person appearing in proceedings to give evidence must not, without
reasonable excuse:
(a) when required to be sworn or to affirm--fail to comply with
the requirement, or
(b) fail to answer a question that the person is required to answer
by the person presiding, or
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(c) fail to produce a document that the person is required to
produce by this clause.
Maximum penalty: 20 penalty units.
3 Power to obtain documents
(1) A member of the Tribunal may, by notice in writing served on a
person, require the person:
(a) to attend, at a time and place specified in the notice, before a
person specified in the notice, being a member of the Tribunal
or a person authorised by the Tribunal in that behalf, and
(b) to produce, at that time and place, to the person so specified a
document specified in the notice.
(2) A person who fails, without reasonable excuse, to comply with a
notice served on the person under this clause is guilty of an offence.
Maximum penalty: 20 penalty units.
4 Evidence of other proceedings
The Tribunal may receive and admit on production, as evidence in any
proceedings, such of the following as the Tribunal considers relevant
to the proceedings:
(a) the judgment and findings of any court (whether civil or
criminal and whether or not of New South Wales) or tribunal,
(b) the verdict or findings of a jury of any such court,
(c) a certificate of the conviction of or the making of a criminal
finding in respect of any person,
(d) a transcript of the depositions or of shorthand notes, duly
certified by the Registrar or clerk of the court or tribunal as
correct, of the evidence of witnesses taken in any such court or
tribunal.
5 Additional complaints
(1) The Tribunal may in proceedings before it deal with one or more
complaints about a registered dental care provider.
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(2) If, during any such proceedings, it appears to the Tribunal that, having
regard to any matters that have arisen, another complaint could have
been made against the dental care provider concerned:
(a) whether instead of or in addition to the complaint that was
made, and
(b) whether or not by the same complainant,
the Tribunal may take that other complaint to have been referred to it
and may deal with it in the same proceedings.
(3) If another complaint is taken to have been referred to the Tribunal
under subclause (2), the complaint may be dealt with after such an
adjournment (if any) as is, in the opinion of the Tribunal, just and
equitable in the circumstances.
6 Release of information
(1) The person presiding in proceedings before the Tribunal may, if the
person presiding thinks it appropriate in the particular circumstances
of the case (and whether or not on the request of a complainant, the
dental care provider concerned or any other person):
(a) direct that the name of any witness is not to be disclosed in the
proceedings, or
(b) direct that all or any of the following matters are not to be
published:
(i) the name and address of any witness,
(ii) the name and address of a complainant,
(iii) the name and address of a dental care provider,
(iv) any specified evidence,
(v) the subject-matter of a complaint.
(2) A direction may be amended or revoked at any time by the person
presiding.
(3) A direction may be given before or during proceedings, but must not
be given before the proceedings unless notice is given of the time and
place appointed by the person presiding for consideration of the matter
to:
(a) a person who requested the direction, and
(b) the complainant or the dental care provider concerned, as
appropriate, and
(c) such other persons as the person presiding thinks fit.
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Proceedings before the Tribunal Schedule 5
(4) A person who contravenes a direction given under this clause is guilty
of an offence.
Maximum penalty: 150 penalty units in the case of a body corporate
and 20 penalty units in any other case.
7 Authentication of documents by the Tribunal
Every document requiring authentication by the Tribunal may be
sufficiently authenticated without the seal of the Tribunal, if signed by
the Chairperson or by a member of the Tribunal authorised to do so by
the Chairperson.
8 Nominal complainant
(1) In any proceedings before the Tribunal, a person appointed by the
Commission:
(a) may act as nominal complainant in place of the actual
complainant, and
(b) when so acting, is, for the purposes of this Act and the
regulations, to be taken to be the person who made the
complaint.
(2) A reference in this Act to a complainant includes a reference to a
nominal complainant.
9 Intervention by Director-General and Commission
(1) Without limiting the operation of clause 8, the Director-General
personally (or an officer of the Department of Health appointed by the
Director-General) or a person appointed by the Commission may
intervene, and has a right to be heard, in any proceedings before the
Tribunal.
(2) The Director-General and the Commission may be represented by a
legal practitioner.
10 Expedition of inquiries and appeals
(1) It is the duty of the Tribunal to hear inquiries and appeals under this
Act and to determine those inquiries and appeals expeditiously.
(2) Without affecting the generality of subclause (1), the Tribunal may
postpone or adjourn proceedings before it as it thinks fit.
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Schedule 5 Proceedings before the Tribunal
11 Evidentiary certificate
A certificate, purporting to have been signed by the Registrar, to the
effect that:
(a) a person specified in the certificate was or was not a registered
dental care provider at a time or during a period so specified, or
(b) the name of a person specified in the certificate was removed
from the Dentists Register or the Dental Auxiliaries Register at
a time so specified, or
(c) the registration of a person specified in the certificate was
suspended from a time so specified and for a period so
specified, or
(d) a condition, particulars of which are set out in the certificate,
was, at a time or during a period so specified, imposed on the
registration of a person so specified or revoked or not in force,
is, without proof of the signature of the person by whom the certificate
purports to have been signed, to be received by the Tribunal and all
courts as evidence of that fact.
12 Certain complaints may not be heard
(1) The Tribunal may decide not to conduct an inquiry, or at any time to
terminate an inquiry or appeal, if:
(a) a complainant fails to comply with a requirement made of the
complainant by the Tribunal, or
(b) the person about whom the complaint is made ceases to be a
registered dental care provider.
(2) The Tribunal must not conduct or continue any inquiry or any appeal
if the dental care provider concerned dies.
13 Tribunal can award costs
(1) The Tribunal may order the complainant, if any, the registered dental
care provider concerned, or any other person entitled to appear
(whether as of right or because leave to appear has been granted) at
any inquiry or appeal before the Tribunal to pay such costs to such
person as the Tribunal may determine.
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(2) When an order for costs has taken effect, the Tribunal is, on
application by the person to whom the costs have been awarded, to
issue a certificate setting out the terms of the order and stating that the
order has taken effect.
(3) The person in whose favour costs are awarded may file the certificate
in the District Court, together with an affidavit by the person as to the
amount of the costs unpaid, and the Registrar of the District Court is
to enter judgment for the amount unpaid together with any fees paid
for filing the certificate.
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Schedule 6 Amendments
Schedule 6 Amendments
(Section 159)
6.1 Dental Technicians Registration Act 1975 No 40
[1] Section 5 Definitions
Omit the definition of dentist from section 5 (1).
[2] Section 6 Constitution of Dental Technicians Registration Board
Omit "within the meaning of the Dentists Act 1989" from section 6 (1) (a).
[3] Section 6 (1) (b)
Omit "constituted under the Dentists Act 1934".
Insert instead "constituted under the Dental Practice Act 2001".
[4] Section 27 Restrictions on dental technicians
Omit "the form referred to in section 57 (4) (h) of the Dentists Act 1989".
Insert instead "a form prescribed under the Dental Practice Act 2001".
6.2 Health Care Complaints Act 1993 No 105
Section 4 Definitions
Omit "Dentists Act 1989" from the definition of health registration Act.
Insert in alphabetical order:
Dental Practice Act 2001
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6.3 Interpretation Act 1987 No 15
Section 21 Meaning of commonly used words and expressions
Insert in alphabetical order in section 21 (1):
registered dentist and each of the following expressions means
a dentist registered under the Dental Practice Act 2001:
(a) dentist,
(b) legally (or duly) qualified dentist,
(c) qualified dentist.
6.4 Poisons and Therapeutic Goods Regulation 1994
Appendix E Supply by wholesale
Omit clause 8 (2). Insert instead:
(2) In this clause, dental therapist means a registered dental
therapist under the Dental Practice Act 2001.
6.5 Public Health Act 1991 No 10
Section 10AF
Insert as section 10AF:
10AF Restricted dental practices
(1) A person must not carry out a restricted dental practice unless
the person is:
(a) a registered dentist, or
(b) a registered medical practitioner, or
(c) a registered dental student undertaking clinical studies,
or undertaking a clinical placement at a public health
organisation, or
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Schedule 6 Amendments
(d) a registered dental auxiliary who is carrying out dental
auxiliary activities subject to the practice oversight of a
registered dentist, or
(e) a person performing radiographic work at a public
health organisation, or on the order or at the request of
a registered medical practitioner or registered dentist, or
(f) a dental prosthetist carrying out a practice of dental
prosthetics, or
(g) a dental technician carrying out technical work on the
written order of a registered dentist or of a dental
prosthetist.
Maximum penalty: 50 penalty units or imprisonment for 12
months, or both.
(2) Proceedings for an offence against this section may be
instituted within 12 months after the act or omission alleged to
constitute the offence.
(3) For the purpose of ascertaining whether the provisions of this
section are being complied with, an authorised officer has and
may exercise all the functions that the authorised officer has
under the officer's Act for the purpose of ascertaining whether
a provision of that Act is being complied with, and for that
purpose:
(a) those functions of the authorised officer under the
officer's Act apply in respect of premises on which a
person carries out restricted dental practices in the same
way as those functions apply in respect of premises on
which a person engages in professional practice under
the officer's Act, and
(b) those functions of the authorised officer under the
officer's Act apply in respect of the carrying out of
restricted dental practices in the same way as they apply
in respect of professional practice engaged in under the
officer's Act, and
(c) the provisions of the officer's Act with respect to the
functions of an inspector (including any provision that
creates an offence in connection with the functions of an
inspector) extend to apply in respect of the exercise of
functions of an authorised officer under this section.
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Amendments Schedule 6
(4) In this section:
authorised officer means an inspector, authorised officer or
authorised person under any of the following Acts:
(a) Dental Practice Act 2001,
(b) Dental Technicians Registration Act 1975,
(c) Medical Practice Act 1992.
dental auxiliary activities has the same meaning as in the
Dental Practice Act 2001.
dental prosthetist has the same meaning as in the Dental
Technicians Registration Act 1975.
dental technician means any of the following:
(a) a person registered as a dental technician under the
Dental Technicians Registration Act 1975,
(b) a person approved by the Dental Technicians
Registration Board under section 13 (2) (f) of the Dental
Technicians Registration Act 1975,
(c) a person undergoing in good faith training in technical
work under the supervision of a registered dentist or of
a person referred to in paragraph (a), or
(d) a person employed as a probationary apprentice within
the meaning of the Industrial and Commercial Training
Act 1989 by a person referred to in paragraph (a), or by
a person employing a person referred to in
paragraph (a).
officer's Act, in relation to an authorised officer, means the Act
under which the authorised officer is appointed as an inspector,
authorised officer or authorised person.
practice of dental prosthetics has the same meaning as in
section 5 (3) of the Dental Technicians Registration Act 1975.
practice oversight means oversight by a registered dentist in
accordance with guidelines approved by the Director-General
from time to time.
public health organisation has the same meaning as in the
Health Services Act 1997.
registered dental student means a registered dental student
under the Dental Practice Act 2001.
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Schedule 6 Amendments
restricted dental practice means any of the following practices:
(a) the performance of any operation on the human teeth or
jaws or associated structures,
(b) the correction of malpositions of the human teeth or
jaws or associated structures,
(c) the performance of radiographic work in connection
with the human teeth or jaws or associated structures,
(d) the mechanical construction or the renewal or repair of
artificial dentures or restorative dental appliances,
(e) the performance of any operation on, or the giving of
any treatment or advice to, any person as preparatory to
or for the purpose of the fitting, insertion, adjusting,
fixing, constructing, repairing or renewing of artificial
dentures or restorative dental appliances.
technical work has the same meaning as in section 5 (1) of the
Dental Technicians Registration Act 1975.
written order means an order:
(a) in a form prescribed for the purposes of issuing
directions to dental technicians under the Dental
Practice Act 2001, or
(b) in a form prescribed for the purposes of section
27 (b) (ii) of the Dental Technicians Registration
Act 1975.
6.6 Search Warrants Act 1985 No 37
Section 10 Definitions
Omit "section 59 of the Dentists Act 1989" from the definition of search
warrant.
Insert instead in alphabetical order of Acts:
section 154 of the Dental Practice Act 2001,
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Dental Practice Bill 2001
Savings and transitional provisions Schedule 7
Schedule 7 Savings and transitional provisions
(Section 161)
Part 1 Preliminary
1 Definitions
In this Schedule:
new Board means the Dental Board constituted by this Act.
old Board means the Dental Board constituted by the 1989 Act.
the 1989 Act means the Dentists Act 1989.
2 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Such a provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later day.
(3) To the extent to which such a provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of that publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of that publication.
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Schedule 7 Savings and transitional provisions
Part 2 Provisions consequent on enactment of this Act
3 Members of old Board
(1) A person who, immediately before the repeal of the 1989 Act, held
office as a member of the old Board:
(a) ceases to hold office as such on that repeal, and
(b) is eligible (if otherwise qualified) to be appointed as a member
of the new Board.
(2) A person who ceases to hold office as a member of the old Board
because of the operation of this Act is not entitled to be paid any
remuneration or compensation because of ceasing to hold that office.
4 Continuity of Board
Unless the regulations otherwise provide, anything done by or in
relation to the old Board and having effect immediately before the
dissolution of the old Board is taken to have been done by or in
relation to the new Board.
5 Appointments and other action before commencement
For the purpose only of enabling the new Board to be constituted in
accordance with this Act on or after (but not before) the
commencement of section 106 (Constitution of the Board), elections
may be held and appointments may be made under this Act, and
anything else may be done, before that commencement, as if the whole
of this Act commenced on the date of assent, but so that no
appointment as a member of the new Board as so constituted takes
effect before the commencement of section 106.
6 The Register of Dentists
As soon as practicable after the commencement of this clause, the new
Board is to compile the Register of Dentists from the relevant
information and particulars entered in the Register kept under
section 12 of the 1989 Act in respect of persons registered as dentists
immediately before that commencement.
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Savings and transitional provisions Schedule 7
7 The Register of Dental Auxiliaries
(1) As soon as practicable after the commencement of this clause, the new
Board is to compile the Register of Dental Auxiliaries.
(2) For this purpose, the Board may obtain such information as is
necessary to compile the Register.
8 Registration as dentist
(1) A person who is a registered dentist under the 1989 Act immediately
before the commencement of this clause is on that commencement
taken to be a registered dentist under this Act. Registration under this
Act is subject to the same conditions (if any) as the person's
registration under the 1989 Act was subject immediately before that
commencement.
(2) A certificate of provisional registration as a dentist in force under the
1989 Act immediately before the commencement of this clause is
taken, on that commencement, to have been granted under this Act.
(3) A licence to practise dentistry in force under the 1989 Act immediately
before the commencement of this clause is taken, on that
commencement, to be a certificate of limited registration granted under
this Act.
9 Registration as dental auxiliary
(1) A person who, immediately before the commencement of this clause,
had the prescribed training referred to in section 57 (4) (c) or (e) of the
1989 Act is taken to be registered as a dental therapist under this Act
during the transition period applicable to the person.
(2) A person who, immediately before the commencement of this clause,
had the prescribed training referred to in section 57 (4) (f) of the 1989
Act is taken to be registered as a dental hygienist under this Act during
the transition period applicable to the person.
(3) The transition period applicable to a person is the period that begins on
the commencement of this clause and ends when the person actually
becomes registered as a dental auxiliary under this Act or 6 months (or
such longer period as may be prescribed by the regulations) after that
commencement, whichever is sooner.
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Schedule 7 Savings and transitional provisions
10 Registration as dental student
(1) A person who, immediately before the commencement of this clause,
was undertaking a course of study referred to in section 138 (1) (a) is
taken to be registered as a dentistry student under this Act during the
transition period applicable to the person.
(2) A person who, immediately before the commencement of this clause,
was undertaking a course of study referred to in section 138 (1) (b) is
taken to be registered as a dental auxiliary student under this Act
during the transition period applicable to the person.
(3) The transition period applicable to a person is the period that begins on
the commencement of this clause and ends when the person actually
becomes registered as a dental student under this Act or 12 months
after that commencement, whichever is sooner.
11 Use of titles by dentists
Any certificate, diploma, membership, degree, licence, letters,
testimonial or other title, status, document or description that was,
immediately before the commencement of this clause, authorised to be
entered in connection with a dentist's name in the Register under the
1989 Act is taken to be authorised for use by the dentist under
section 31 of this Act (until the Board ceases to authorise its use by the
dentist).
12 Fees
A fee paid or which remains unpaid under a provision of the 1989 Act
immediately before its repeal is taken, on commencement of the
relevant provision of this Act, to have been paid or to remain unpaid
under the provision of this Act that corresponds to that provision and
is taken to have been so paid or to so remain unpaid for or in relation
to the same period as that which applied to the fee under the 1989 Act.
13 Applications for registration
An application for registration as a dentist under the 1989 Act which
had not been determined by the old Board before the repeal of that Act
is taken to be an application for registration under this Act.
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14 Appeals to the Supreme Court
(1) An appeal to the District Court under section 51 of the 1989 Act
relating to a registered dentist that was pending immediately before the
repeal of that Act is to be continued and disposed of as if, except as
provided by subclause (2), this Act had not been enacted.
(2) The decision of the Court on any such appeal is final, and binding on
the new Board and the appellant and for the purposes of this Act is
taken to be the final decision of the new Board.
15 Complaints
(1) A complaint made to the old Board concerning the conduct of a
registered dentist under the 1989 Act and pending immediately before
the repeal of that Act is, to the extent that the conduct concerned could
be the subject of a complaint under this Act, to be dealt with as a
complaint under this Act, except as provided by this clause.
(2) If a complaint pending under the 1989 Act on the commencement of
this clause is the subject of an inquiry by a Professional Standards
Committee or an inquiry by or appeal before the Dental Tribunal under
that Act immediately before that commencement:
(a) the complaint or appeal is to continue to be dealt with and
determined under the 1989 Act as if the 1989 Act had not been
repealed, and
(b) any finding, order, direction, decision or determination arising
from or in connection with the determination of the complaint
or appeal under the 1989 Act has effect for the purposes of the
corresponding provision of this Act, and
(c) the 1989 Act continues to apply as if it had not been repealed
for the purposes of any appeal against any such order, direction,
decision or determination.
(3) This clause applies for the purposes of this Act and for the purposes of
the Health Care Complaints Act 1993 (including any conciliation
under that Act) in its application to any complaint or investigation
pending under the 1989 Act immediately before the repeal of the
1989 Act.
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Schedule 7 Savings and transitional provisions
16 Complaints relating to previous conduct
A complaint or investigation may be made under this Act with respect
to conduct or any other matter or thing that occurred before, or partly
before and partly after, the commencement of the provisions of this
Act under which the complaint or investigation is made.
17 Approval of employment by non-dentists
An approval under section 5 (4) (f) of the 1989 Act in force
immediately before the commencement of this clause is taken, on that
commencement, to be an approval under paragraph (g) of the
definition of non-dentist in section 41 (2) of this Act.
18 Continuity of disciplinary action under 1989 Act
Any finding, order, direction, decision or determination under Part 6
(Complaints and disciplinary proceedings) of the 1989 Act is, to the
extent that it had any operation immediately before the commencement
of this clause, taken to have been made under the corresponding
provision of this Act and is to be given effect to accordingly.
19 Dental Education and Research Account
Money standing to the credit of the Education and Research Account
under the 1989 Act immediately before the commencement of this
clause is to be paid to the credit of the Dental Education and Research
Account under this Act.
20 Construction of certain references
Unless the regulations otherwise provide, on and from the
commencement of this clause, a reference in any other Act, in any
instrument made under any Act or in any other instrument of any kind:
(a) to the old Board is to be read as a reference to the new Board,
and
(b) to the Registrar under the 1989 Act is to be read as a reference
to the Registrar under this Act, and
(c) to the Register referred to in section 12 of the 1989 Act is to be
read as a reference to the Register of Dentists under this Act,
and
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Savings and transitional provisions Schedule 7
(d) to the registration of a person as a registered dentist under the
1989 Act is to be read as a reference to the registration of the
person as a dentist under this Act.
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