New South Wales Consolidated Acts

DENTAL TECHNICIANS REGISTRATION ACT 1975 - SECT 20

20 Inquiry by board or delegate

(1) In this section:
"delegate" means a member of the board or an officer or employee appointed or employed under the Public Service Act 1902 , specified in a resolution referred to in subsection (2).
"inquiry" means an inquiry held under this section for the purposes of section 19 (1) or 19A (1) or under both sections 19 (1) and 19A (1) in respect of the same person.

(2) The board may hold an inquiry or may, by resolution, authorise a delegate to hold an inquiry and a document purporting to be a copy of a resolution so authorising a delegate and fixing the terms of the inquiry, and to be signed by the chairperson or member presiding at the meeting at which the resolution was passed, shall be sufficient evidence for all purposes of a delegation pursuant to this subsection and of the terms of the inquiry.

(3) The board or delegate holding an inquiry shall sit as in open court and the person in respect of whom the inquiry is being held shall be afforded an opportunity of defence either in person or by the person’s Australian legal practitioner.

(4) For the purpose of an inquiry the board, the chairperson or other person presiding at the meeting of the board at which the inquiry is made and a delegate shall have the powers, authorities, protections and immunities conferred by the Royal Commissions Act 1923 on a commissioner and the chairperson of a commission respectively, appointed under Division 1 of Part 2 of that Act, and that Act, section 13 and Division 2 of Part 2 excepted, shall apply to any witness summoned by or appearing before the board or delegate in the same way as it applies to a witness summoned before a royal commission.

(5) A delegate shall forward to the board a report as to the inquiry made by the delegate, a copy certified by the delegate of all evidence taken at the inquiry and the delegate’s recommendation in relation to the dental technician the subject of the inquiry.

(6) The decision of the board upon an inquiry held before a delegate shall be given after consideration by it of the report, evidence and recommendation referred to in subsection (5).