New South Wales Consolidated Acts

DENTAL PRACTICE ACT 2001 - SECT 44

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.

(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.