New South Wales Consolidated Acts

DENTAL PRACTICE ACT 2001 - SECT 54

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.

(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.