New South Wales Consolidated Acts

DENTAL PRACTICE ACT 2001 - SECT 71

71 Powers of the Tribunal

(1) The Tribunal may exercise any power that the Board can exercise under this Division, except a power conferred on the Board by section 68 (2).

(2) The Tribunal may by order suspend a person’s registration for a specified period or direct that a person’s registration be cancelled if the Tribunal is satisfied (when it finds on a complaint about the person):

(a) that the person is not competent:

(i) in the case of a dentist-to practise dentistry, or

(ii) in the case of a dental auxiliary-to carry out dental auxiliary activities, or

(b) that the person is guilty of professional misconduct, or

(c) that the person has been convicted of or made the subject of a criminal finding for an offence, either in or outside New South Wales, and the circumstances of the offence are such as to render the person unfit in the public interest:

(i) in the case of a dentist-to practise dentistry, or

(ii) in the case of a dental auxiliary-to carry out dental auxiliary activities, or

(d) that the person is not of good character.

(3) An order that a person’s registration be cancelled is an order that the person’s name be removed from the Dentists Register or the Dental Auxiliaries Register or (if the person has already ceased to be registered) that the person not be re-registered.

(3A) If the Tribunal makes an order under subsection (2) in respect of a person and it is satisfied that the person poses a substantial risk to the health of members of the public, it may by order (a "prohibition order") do any one or more of the following:

(a) prohibit the person from providing health services or specified health services for the period specified in the order or permanently,

(b) place such conditions as the Tribunal thinks appropriate on the provision of health services or specified health services by the person for the period specified in the order or permanently.

Note: Section 10AK (1) of the Public Health Act 1991 provides that it is an offence for a person to provide a health service in contravention of a prohibition order.

(3B) If the Tribunal is aware that a person in respect of whom it is proposing to make a prohibition order is registered under a health registration Act other than this Act, the Tribunal is, before making the prohibition order, to notify the board constituted under that other Act of the proposed order and give that board an opportunity to make a submission.

(4) An order may also provide that an application for review of the order under Division 3 of Part 7 may not be made until after a specified time.