New South Wales Consolidated Acts

DENTAL PRACTICE ACT 2001 - SECT 35

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,

(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.