New South Wales Consolidated Acts

DENTAL PRACTICE ACT 2001 - SECT 59

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.