New South Wales Consolidated Acts

DENTAL PRACTICE ACT 2001

- As at 6 July 2009
- Act 64 of 2001

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of Act
   4.      Definitions
   5.      Notes
   6.      Mutual Recognition laws

   PART 2 - REGISTRATION OF DENTISTS

   7.      Registration necessary for certain representations
   8.      Qualifications for registration
   9.      Competence
   10.     Impairment as a dentist
   11.     Full registration
   12.     Provisional registration
   13.     Temporary registration
   14.     Limited registration
   15.     Power to refuse or impose conditions on full registration
   16.     Cancellation and suspension of registration
   17.     Restrictions on registration of deregistered persons
   18.     Appeals concerning registration

   PART 3 - REGISTRATION OF DENTAL AUXILIARIES

   19.     Classes of dental auxiliary
   20.     Registration necessary for certain representations
   21.     Qualifications for registration
   22.     Competence
   23.     Impairment
   24.     Full registration
   25.     Provisional registration
   26.     Temporary registration
   27.     Power to refuse or impose conditions on full registration
   28.     Cancellation and suspension of registration
   29.     Restrictions on registration of deregistered persons
   30.     Appeals concerning registration

   PART 4 - PRACTICE OF DENTISTRY AND DENTAL AUXILIARY ACTIVITIES
   Note

           Division 1 - Conduct of practice

   31.     Use of titles by dentists
   32.     Use of titles by dental auxiliaries
   33.     Restrictions on dental auxiliaries
   34.     Ownership of dental practices
   35.     Codes of professional conduct

           Division 2 - Returns and information

   36.     Annual return to be submitted
   37.     Notification of convictions, criminal findings and charges
   38.     Courts to provide information on convictions
   39.     Referral of mental health matters to Registrar

   PART 5 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS

           Division 1 - Interpretation

   40.     Meaning of “professional misconduct”
   41.     Meaning of “unsatisfactory professional conduct”-dentists
   42.     Meaning of “unsatisfactory professional conduct”-dental auxiliaries
   43.     References to “complaint”

           Division 2 - Complaints

   44.     Grounds for complaints
   45.     Complaint can be made even if person no longer registered
   46.     Who can make a complaint
   47.     Complaints to be made to the Board
   48.     Form of complaint
   49.     Board to notify Commission of complaints
   50.     (Repealed)
   51.     Investigation of complaint by Board
   52.     Role of the Commission
   53.     How complaints are dealt with
   54.     Serious complaints must be referred to Tribunal
   55.     Medical examination of dental care provider
   56.     Notification of orders to employer and others

           Division 3 - Referral of complaints to Dental Care Assessment Committee

   57.     Kinds of complaints that can be referred to Committee
   58.     How complaints are dealt with
   59.     Skills testing of dental care provider
   60.     Recommendations of the Committee
   61.     No legal representation for parties appearing before the Committee

           Division 4 - Dealing with complaint by inquiry at a meeting of the Board

   62.     Procedures for dealing with complaint at meeting
   63.     General procedure
   64.     Conduct of meeting
   65.     Making submissions to inquiry
   66.     Decision of the Board
   67.     Admissibility of Board’s findings

           Division 5 - Disciplinary powers of Board and Tribunal

   68.     Powers may be exercised if complaint proved or admitted
   69.     General powers of the Board
   70.     Power of the Board to recommend suspension or cancellation of registration
   71.     Powers of the Tribunal

           Division 6 - Powers of the Board for the protection of the public

   72.     Suspension or conditions to protect the public
   73.     Power to remove or alter conditions
   74.     Referral of matter to Commission
   75.     Special provisions-impairment
   76.     Tribunal to be notified of suspensions
   77.     Extension of suspension
   78.     Expiration of suspension
   79.     Duration of conditions-complaint matters
   80.     Duration of conditions-impairment matters

   PART 6 - IMPAIRMENT

   81.     Referral of impairment matters concerning dental care providers or students
   82.     Persons may notify Board of impairment matters concerning dental care providers or students
   83.     Commission may refer impairment matters to Board
   84.     Panel to inquire into matters referred to it
   85.     Panel not to take action while Commission investigating
   86.     Board to give notice of proposed inquiry
   87.     Dental care provider or student entitled to make representations
   88.     Board may require student to undergo medical examination
   89.     Assessment, report and recommendations by Panel
   90.     Voluntary suspension or conditions on registration
   91.     Review of conditions
   92.     Some matters to be dealt with as complaints
   93.     Prohibition or conditions on student
   94.     Appeal by student against order
   95.     Confidentiality of Panel’s report

   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
   97.     Appeal against suspension or imposition of conditions by Board-impairment matters
   98.     Appeal on point of law

           Division 2 - Appeals against actions of Tribunal

   99.     Preliminary appeal on point of law
   100.    Appeal against Tribunal’s decisions and actions
   101.    Powers of Court on appeal

           Division 3 - Review of suspension, cancellation or conditions

   102.    Right of review
   103.    Appropriate review body
   104.    Powers on review
   105.    Nature of review

   PART 8 - DENTAL BOARD

   106.    Constitution of the Board
   107.    Functions of the Board
   108.    Membership of the Board
   109.    Staff
   110.    Committees
   111.    Delegation of functions
   112.    Other provisions relating to the Board

   PART 9 - DENTAL CARE ASSESSMENT COMMITTEE

   113.    Constitution of the Dental Care Assessment Committee
   114.    Functions of the Committee
   115.    Membership of the Committee
   116.    Other provisions relating to the Committee

   PART 10 - IMPAIRED REGISTRANTS PANELS

   117.    Impaired Registrants Panels
   118.    Board to constitute Panel when required
   119.    Decisions of a Panel

   PART 11 - DENTAL TRIBUNAL

           Division 1 - Constitution of the Tribunal

   120.    The Dental Tribunal
   121.    Chairperson and Deputy Chairpersons of the Tribunal
   122.    Tribunal to be constituted to deal with complaints etc
   123.    Effect of vacancy on Tribunal
   124.    Payment of non-legal Tribunal members
   125.    Seal of the Tribunal

           Division 2 - Proceedings of the Tribunal

   126.    Decisions of the Tribunal
   127.    Time when orders take effect
   128.    Powers of Tribunal exercised by Supreme Court
   129.    Registrar to be informed of disciplinary action

           Division 3 - Inquiries, appeals etc before the Tribunal

   130.    Jurisdiction
   131.    Notice of time and place of inquiry or appeal
   132.    Conduct of proceedings
   133.    Representation before the Tribunal
   134.    Chairperson or Deputy Chairperson not to review own decisions
   135.    Adjournments and interlocutory orders
   136.    Tribunal to provide details of its decision
   137.    Statement need not contain confidential information

   PART 11A - PROHIBITION AGAINST DIRECTING OR INCITING MISCONDUCT

   137A.   Prohibition against directing or inciting misconduct
   137B.   Extended concept of employment
   137C.   Extended concept of carrying on business
   137D.   Convicted offenders may be prohibited from carrying on business
   137E.   Offence of operating business while prohibited
   137F.   Effect of appeal against conviction
   137G.   Business interests-effect of prohibition
   137H.   Power to require information from convicted persons and others
   137I.   Evidentiary certificate

   PART 12 - MISCELLANEOUS

   138.    Student registration
   139.    (Repealed)
   140.    Exemption from restrictions on representations for dental technicians and dental prosthetists
           141, 142. (Repealed)
   143.    Application of Criminal Records Act
   144.    How notice is to be given
   145.    Service of documents on Board
   146.    Written statement of decisions
   147.    Notice of disciplinary action to other Boards
   147A.   Cancelled registrations to be publicly available
   147B.   Protection from liability for certain publications
   148.    False or misleading entries and statements
   149.    Evidentiary certificates and evidence of entry in Registers
   150.    Authentication of certain documents
   151.    Fees
   152.    Dental Education and Research Account
   153.    Appointment and powers of inspectors
   154.    Search warrants
   155.    Liability of officers and members
   156.    Offences by corporations
   157.    Proceedings for offences
   158.    Regulations
   159.    (Repealed)
   160.    Repeals
   161.    Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)
           SCHEDULE 7